A Legal Study On The Issues Of The Employment Contract Of Crew Assigned Abroad

Since 1980's, the Chinese crew has grown markedly and entered into the international crew employment market. With efforts of more than 20 years, Chinese crews are accepted by many countries and regions. The crew is a special group in society and the industry of sea-lift is a special vocation. Compared with the vocation on land, the sea-lift is more demanding in technique and confrontation of risk and loneliness. Thereupon, employment contract of crew assigned abroad seems to be more outstanding than that of the general vocation. However, the laws and regulations binding employment contract of crew assigned abroad are not sufficient in China, and the stipulations of the General Rules of Civil Law and the Contract Code are not adjusted completely on sea employment. A lot of disputes arouse accordingly and many legal issues are to be resolved. This study is carried on the employment contract of crew assigned abroad. The author does detailed researches into the legal problems of the issue and offers the solution to the topic.In Chapter 1, the paper explains the concept of employment contract of crew assigned abroad, and the meaning of some other terms including crew, foreign ship, foreign employer and crew employment agency etc., and then analyzes the legal quality and characteristic of the employment contract of crew assigned abroad. In Chapter 2, the paper discusses the legal relations between the crew assigned abroad, foreign employer and the crew employment agency, and then discusses the legal position of the crew employment agency. The Chapter 3 analyzes the problem of the conclusion, modification and termination of the employment contract of crew assigned abroad. In Chapter 4, the writer discusses the content of the contract, especially the legal rights of crew assigned abroad. The author analyzes the common disputes about the employment contract of crew assig(?)ed abroad in Chapter 5, and offers the solution to the topic. In the end, the writer makes the final conclusion. Through the study of this subject, the author wants to improve the people's right consciousness, offer reasonable solution to the problem of the employment contract of crew assigned abroad and do something useful to the legislation and judicature.