A Study on the Labor Right Protection of the Fishers on Distant Water Fishing Vessels– A Focus on Migrant Seabase Fishers

• Main Authors: WENG,PEI-CHI, 翁珮綺
• Other Authors: Lin,Ying-Chun
• Format: Others
• Language: zh-TW
• Published: 2019
• Online Access: http://ndltd.ncl.edu.tw/handle/757h32

碩士 === 中央警察大學 === 國境警察學系碩士班 === 107 === When it comes to the importance of the combate against "the illegal, unreported and unregulated" fishery in the international community, the prosperous Taiwan deep sea fishery and the rights of fishers has caught worldwide attention over the recent years. The crew members of Taiwan’s distant water fishing vessels are mainly composed of Taiwanese captains, fishers from mainland China and mostly the migrant fishers comes from Southeast Asian countries. The migrant fishers of distant water fishing vessels are different from the migrant fishers of offshore fishing vessels on labor rights. The particularity between them lies in the recruitment, employment methods and working destinations.The former is based on the " Regulations on the Authorization and Management of Overseas Employment of Foreign Crew Members " developed by the Fisheries Agency,Council of Agriculture, and most of them work on distant water fishing vessels abroad, so they are commonly called as the migrant sea base fishers.The latter is based on the " The Employment Services Act" established by the Ministry of Labor, most of them work on the coastal water fishing vessels, so they are commonly called as the migrant land base fishers.The former and the latter is different including their recruitment, employment and placement procedures regulations, labor rights protection regulations and workplaces.This study first explored how the deep sea fishery policy historical change leads to the recruitment of the migrant fishers by the literature discussion.Then understand about both the domestic and international regulations about the labor rights of sea based fishers. Finally, it outlines the inadequacies in Taiwan when dealing with the labor rights of fishermen.The research method was qualitative in-depth interviews. The interviewers included non-govermental organizations, fisheries organizations of central and local governments, and academic institution. A total of seven people were interviewed.The study concluded that the deep sea fishery is in the mire of reality difficulty: the migrant fishers are restricted to the geographical restrictions ,also the working conditions of the distant water fishing vessels are different from the coastal water fishing vessels. Not only the seabase fishers lack for protection of working hours, wages, and vacations in strict legal regulations, but also the supervision of labor rights .Therefore, the dilemma of labor rights of the fishers on distant water vessles regardless of nationality is what our government must pay attention to. It is suggested that the government should establish Mariners Law aims at the labor rights of fishers, an open and systematic recruitment system, set up and train professional departments for labor inspection of fishers, implement the direct payment of wages to solve the problems. With the focus on the labor rights and interests of the fishers regardless of nationality, it solves the current dilemma of the working condition of the sea base migrant fishers.