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Chapter I General Principles
Article 1
These Regulations are established pursuant to Article 26, paragraph 3 of the Act for Distant Water Fisheries.
Article 2
For any fishing vessel permitted by the competent authority to conduct distant water fisheries that meets any of the following conditions, its distant water fisheries operator may employ overseas foreign crew members:
(1) The fishing vessel has operated on the high seas or in waters under the jurisdictions of other countries for cumulative 30 days and above in the current or preceding year.
(2) The newly-built fishing vessel obtains the replacement tonnage from the fishing vessel which was authorized by the competent authority to conduct distant water fisheries.
(3) The fishing vessel which resumes its operation after the completion of the operation suspension has been authorized to employ overseas foreign crew members within two years before the operation suspension.
Article 3
Any foreign crew member employed by distant water fisheries operators shall meet the following requirements:
(1) He/she shall have reached the age of 18.
(2) His/her home country shall not be on the list of countries that foreign crew members are prohibited from being employed.
(3) During the period of employment by distant water fisheries operators of the Republic of China, he/she did not have any illicit records such as illegal activities, fighting, negligence of work, or leaving the fishing vessel without reasonable justification.
The list of countries that foreign crew members are prohibited from being employed as referred to in subparagraph (2) of the preceding paragraph shall be promulgated by the competent authority.
Article 4
Distant water fisheries operators may commission the agents authorized by the competent authority to conduct the overseas employment, change of employer, continued employment, employment termination, transportation, or disembarkation of foreign crew members.
Article 5
Any distant water fisheries operator that employs overseas a foreign crew member shall inform such crew member of matters that shall be included into the contract as stipulated in Article 6, before signing a bilingual employment contract with such crew member. Each foreign crew member shall be provided with one copy of the contract.
For any distant water fisheries operator that commissions any agent to employ overseas foreign crew member(s), a commission contract shall be signed between such operator and agent, and the agent shall sign an employment contract on behalf of the operator(s) with the employed foreign crew member(s).
Any agent commissioned to recruit any foreign crew member in accordance with the preceding paragraph shall inform such crew member(s) of matters that shall be included into the employment and service contracts as stipulated in Article 6 and 13, before signing a bilingual service contract with such crew member(s). Each foreign crew member shall be provided with one copy of both the employment and service contracts.
For any agent that employs foreign crew member(s) through any foreign agent, a cooperation contract shall be signed between such agent and foreign agent, and such agent shall still sign a service contract with the employed foreign crew member(s).
When fulfilling the obligation of informing foreign crew members in accordance with paragraph 1 and 2, the distant water fisheries operators and agents shall make visual and audio recordings throughout the entire process and keep the recordings for at least three years.
Article 6
The employment contract signed between the distant water fisheries operator and the foreign crew member in accordance with Article 5, paragraph 1 shall include the following:
(1) The period of validity of the contract.
(2) Items, amount and means of payment of the cost or expenses to the foreign crew member. The monthly wage of the foreign crew member shall not be less than 450 US Dollars.
(3) The distant water fisheries operator shall insure for the foreign crew member the accident, medical and life insurance, and the insured amount of the life insurance shall not be less than one million New Taiwan Dollars. In case of failing to insure as required, insufficient insurance coverage, or failing to acquire a sufficient claim from an insurer, the distant water fisheries operator shall bear the loss or indemnity.
(4) In case that any foreign crew member is injured or sick for carrying out the duties, the distant water fisheries operator shall arrange for immediate medical treatment and shall pay the medical fees and other related expenses.
(5) In case that any foreign crew member is injured or sick not for carrying out the duties, the distant water fisheries operator shall arrange for immediate medical treatment and shall make advance payment of the medical fees and other related expenses.
(6) The transportation arrangement and related transportation expenses of the foreign crew member.
(7) The foreign crew member shall not have less than ten hours of rest per day and less than four days off per month. In consideration of fishing operation, compensatory leave(s) may be arranged in accordance with the agreement between the employer and the employee.
(8) The distant water fisheries operator shall respect the need of the foreign crew member for religious holidays.
(9) The compensation and arrangement provisions in case of breaching the contract.
(10) The distant water fisheries operator shall provide convenient condition for foreign crew members to petition to the concerned authorities.
(11) The foreign crew member may ask for early termination of the employment contract and returning to his/her home country.
(12) Other rights and obligations.
The monthly wage as referred to in subparagraph (2) of the preceding paragraph means the remuneration a foreign crew member receives for performing the employment contract, including wages, salaries and any other regular payment.
The beneficiary of the insurance amount as referred to in subparagraph (3) of paragraph 1 shall be the foreign crew member. The beneficiary of the life insurance, other than the spouse, shall be the following order:
(1) Lineal descendants by blood.
(2) Parents.
(3) Brothers and sisters.
(4) Grandparents.
The template of the employment contract as referred to in paragraph 1 shall be in accordance with the template drawn up and promulgated by the competent authority.