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The Research On The Protection Of The Rights Of The Crew

Posted on:2011-08-23Degree:MasterType:Thesis
Country:ChinaCandidate:K ZhangFull Text:PDF
GTID:2166330332460068Subject:Economic Law
Abstract/Summary:PDF Full Text Request
The shipping industry in the promotion of exchange between countries can not be ignored. The crew as first-line workers in the shipping industry plays an important social role, and also is important human resources in large-scale shipping companies. However, for the crew, who works and lives at sea longtime, there is no an independent law that discusses the protection of the rights of them in reality. Since Legislation lags, the existing legislations about crew mostly are administrative regulations, which have management more than protection, and do not agree with the importance of crew. "The crew Ordinance" has filled the gaps of our crew legislation to some extent. However, the crew is a special vulnerable groups, who works with difficult conditions, high risk, international, mobility, and can not effectively adjust the crew labor relations, only relying on "crew Ordinance" and the "Labor Law" that is a common law.Overall, the protection for crew right in our country is basically in the tracking front stage. There is a wide gap compared with the shipping developed country. In reality, some crew employer and services lack credibility, one-sided pursuit of economic efficiency. The phenomenon that the legal income of crew is deprived and damage the legitimate rights of the crew are damaged usually occurs .Due to the lack of legislation, the crew are in the state of no laws to depend. So, built a specialized crew law as soon as possible is the key to protect the rights of craw.This article discusses the legal system protecting the rights of crew, and could be divided into five chapters. The focus problems about protection the rights of crew are discussed in the main part, including crew social security, crew labor contracts, crew dispatching, crew services, etc. Based on the situation in our country, we did comprehensive research on references, using the successful experience of international organizations and developed shipping countries. Starting with shipping company, It brings social responsibility into the Seafarer Law in our country and makes Corporate Social Responsibility a habit . As a result, sailors'legal right can be guaranteed. This comparison also conventions and international organizations and their success overseas shipping legislative experience developed, based on China's national conditions, to sort out the relevant literature and a comprehensive study,Focus from the shipping company, puts forward the corporate social responsibility into the content of our crew were enacting the law, corporate social responsibility through legislation to become a habit, not to protect the crew from the realization of legitimate rights.
Keywords/Search Tags:crew law, the rights of crew, crew social security, crew labor contract
PDF Full Text Request
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