A Study On The Rights Protection Of Our Country's Foreign Seafarers

Currently, China has almost 1.5 million seafarers, among them, one million are inland waters seafarers, the remaining 500 thousand are sailors, but now in China, the rights and duties of seafarers have no system provision. The People's Republic of China Seafarers' Articles came in to force in 2007, but the emphasis of this Articles is on the management, the provision of seafarers' rights and duties is not enough and complete. Now China has not many provisions of seafarers, say nothing of the foreign seafarers. In order to make best of the resources about Chinese seafarers, we carried out the measure of "step out ", at the same time, we should strengthen the rights protection of foreign seafarers, then to occupy a big scale in the world's seafarers service market, which is also good for the development of Chinese shipping.To strengthen the rights protection of Chinese foreign seafarers, not only to require the guarantee of human rights, but also to ease the employment pressure, to widening the Chinese seafarers service market, to increase foreign exchange. Based on the intention of perfecting Chinese legislation about seafarers, this article analysis the current situation of foreign seafarers' rights protection; in the work contract of foreign seafarers, the author analysis the relations among work contract, intermediary, dispute of work contract and so on; in the aspect of wages, the author mainly analysis how to recovery the default wages; in the aspect of foreign seafarers injury, the author analysis the main parts in the damages, the basic of liability, the extent of the compensation and so on; this article still discuss the abandon of foreign seafarers. At last, author raises some recommendation in the perfection of rights protection of foreign seafarers, main in legislation, to standard the intermediary, to strengthen the cooperation of bilateral, to establish seafarers' management association and emergency fund.As a weakness, though the Seafarers' Articles is carried out on Sep. 1^st, 2007, we still need to speed up the legislation process of Seafarers' Law, and specialized to establish a chapter about foreign seafarers. Thereby, we can strengthen the protection of foreign seafarers and to benefit the development of China shipping.