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Title: Enforcement Rules of the Seafarer Act CH
Amended Date: 2018-03-09
Category: Ministry of Transportation and Communications(交通部)
Article 1
This set of rules is prescribed pursuant to Article 92 of the Seafarer Act.
Article 2
Persons referred to in Paragraph 4 Article 2 in this Act who have the right to employ seafarer are defined below:
1. Persons who are commissioned by vessel owners to manage and operate the vessels.
2. Persons who obtain the right to use vessels as bareboat charters.
3. Persons who on behalf of vessel owners sign employment contracts with seafarers.
Article 3
The other regular payment specified in Paragraph 13 Article 2 in this Act refers to payments other than the following items:
1. Bonus: Includes contest prizes, research invention bonuses, special merit bonus, materials and fuel savings bonus and special bonuses specified in Paragraph 15, Article 2 in this Act.
2. Holiday benefits of spring, Dragon Boat and Mid-Autumn festivals.
3. Medicaid and seafarers’ children’s education subsidies.
4. Service fees received directly from customers.
5. Marriage subsidies, funeral gifts or condolence payments presented by employers.
6. Occupational accident compensation.
7. Seafarer insurance and commercial insurance premiums paid by employers under the name of the seafarer as the insured.
8. Traveling expenses, traveling allowances, entertainment expenses, board expenses and overtime meal allowances.
9. Work clothes, supplies and relevant cash equivalents.
10. Others specified by competent authorities in conjunction with the central labor competent authorities.
Article 4
The International Convention on Standards of Training, Certification and Watchkeeping for Seafarers and other international conventions referred to in Paragraph 1, Article 6 of this Act mean the effective International Convention on Standards of Training, Certification and Watchkeeping for Seafarers 1978, Maritime Labor Convention 2006, Safety of Life At Sea 1974, International Convention for the Prevention of Pollution from Ships as well as their related annex, appendix, amendments, resolutions, protocols and other documents issued by the International Maritime Organization.
Article 5
The formulation of seafarers work regulations in accordance with the requirements of Paragraph 1, Article 17 in this Act should include the following items:
1. Working hours, rest time, leave, national holidays and special leave.
2. The basis, calculation method and payment date of wages, overtime pay and meal expenses.
3. Allowance and bonus.
4. Working longer hours.
5. Discipline to comply with.
6. Attendance, leave, incentive and promotion.
7. Employment, dismissal, severance, termination and retirement.
8. Disaster, injury, compensation and pension.
9. Welfare.
10. The safety and health regulations with which both seafarers and employers have to comply.
11. Other matters officially announced and regulated by the Maritime Administration.
Article 6
The employer shall post on board seafarer work regulations for the Maritime Administration’s future reference.
Article 7
While employing pregnant women to engage in lighter work and work necessary for the navigation safety pursuant to the requirements in Paragraph 2, Article 29 of this Act, the employer shall not reduce their entitled rewards as stipulated in Paragraph 1, Article 26 of this Act.
Article 7-1
The national holidays mentioned in Article 34 of the act are as follows:
l.Founding Day of the Republic of China (January 1),
2.The day after the Founding Day of the Republic of China (January 2),
3.Chinese New Year’s Eve,
4.Chinese New Year (January 1 to January 3 of the lunar calendar),
5.Peace Memory Day (February 28),
6.Revolutionary Martyrs Day (March 29),
7.Women's Day and Children's Day combined (the day before Tomb Sweeping Day),
8.Tomb Sweeping Day(Qingming Festival of the lunar calendar),
9.Labor Day (May 1) ,
10.Dragon Boat Festival (May 5 of the lunar calendar),
11.Mid-Autumn Festival (August 15 of the lunar calendar),
12.Confucius Birthday (September 28),
13.National Independent Day (October 10),
14.Taiwan's Restoration Day (October 25),
15.President Chiang Kai-shek's Birthday (October 31),
16.Dr. Sun Yat-sen's Birthday (November 12),
17.Constitution Day (December 25) , and
18.Other holidays as designated by competent authorities.
Article 8
Employers shall issue severance pay calculated in accordance with the requirements stipulated in Article 39 of this Act to seafarers within thirty (30) days after the termination of the employment contract.
Article 9
The other necessary expenses referred to in Paragraph 2, Article 40 in the Act shall include medical expenses.
Article 10
The employment period specified in Article 41, 45 and 48 refers to the following periods:
1. Seafarers’ on shore waiting period after signing the employment contract.
2. Seafarers’ on board serving period.
3. Periods of seafarer are leaving the place where they were employed for boarding or disembarking to return to their point of employment.
4. Periods of seafarer’s leave with pay before the expiration of employment contract.
5. Period of seafarer’s leave without pay.
6. The employment period specified in Article 49 of this Act refers to the service period of the Captain.
Article 11
The qualified medical institution specified in Paragraph 4, Article 8 and Paragraph 1, Article 44 of this Act refers to public hospitals and teaching hospitals accredited by central health welfare and education competent authorities.
Article 12
The employers shall settle death compensation and due remuneration to their surviving dependents within thirty (30) days after a seafarer dies or goes missing, in accordance with the order of priority stipulated in Article 47 of this Act; whereas issues arising from seafarers’ surviving dependents are exempted.
Article 13
The key seafarers specified in Paragraph 2, Article 73 of this Act refer to the highest rank of seafarers in the deck and engine departments.
Article 14
The set of rules shall become effective on the date of promulgation.