Crew Protection Of The Rights

Shipping is a business full of risks. Many countries and international organizations, in order to guarantee the development of shipping, have issued plenty of codes and treaties. They also pay close attention to the sailor legislation, for seamen play a significant role in shipping business.Our country is a shipping power. Shipping industry plays an important role in our economy. However, deeply affected by the system of planned economy in China, provisions governing rights enjoyed and obligations borne by crew are scattered in pertaining laws and regulations. Until now, no special legislation in respect of seamen has been carried out to protect seamen's interest. As a result, practical needs cannot be satisfied by the present provisions governing seamen's rights and obligations. It is necessary to draft Seaman Law to enhance seaman management, to improve the life quality of the seaman and promoting fair competition in the shipping market. Therefore, this dissertation will focus on the discussion of some aspects of seaman law, including the seaman labor contract, social security system and the training of seaman.The first chapter introduces the nature of Seamen Law, characteristics ofengaging in crew and the trends of international crew legislative status, this chapter shows that it is an urgent need to constitute Seamen Law to protect the rights of workers so that to further promote the development of the shipping industry.Due to the importance of concluding crew labor contract for protecting crew's right, chapter two deals with the particularity of labor contracts, and gives some legislative proposals on the content and the form of crew labor contracts in "Seamen Law", so to give legislative advice on entering into the crew labor contracts and to help the crew labor market back on track. In chapter three, the author analyzes that the seamen should be trained to meet the development of shipping industry; this chapter also discusses the need for crew training, the features of the training in other counties, then gives some legislative proposals on the training of crew.Chapter four is mainly engaged in crew of the social security. Due to the lack of the social security provisions of crew members, this chapter wants to give legislative proposals to perfect China's Seaman Law by analyzing the social security legislation of international crew.At last the fifth chapter makes some recommendations for the legislative of Seaman Law, it contains the labor contract of the crew, labor protection and social security, the captain's duties and powers, the crew's rights and obligations, etc.