The Working Hours And Wages Institution Of Crews

With the development of the economy and the change of the word pattern, the important status of the shipping industry has become stronger. Especially in the energy crisis stage, the shipping industry even becomes the lifeline of the economic safety of one country, from financial trade to national security. The crew, one of the most important production factors, has turned into the essential index of the development of the shipping industry.In order to keep the sustaining and healthy developments of our national shipping industry, the government has to protect personal rights of the crew well in legislation. In the mean time, labor in the ship is far different from that on land. Due to this particularity, labor laws that made for common labors cannot be competent for the need of protecting labor in the ship—crew. On the basis of the particularity of the crew work and the shipping safety, our country shall stipulate more rights on rest time and wages for crew than other profession. For the moment, our country does not formulate any uniform "crew law". The Chapter 3 of "Maritime Law" only gives some brief regulation on crew issues. The "Regulation of Crew" is a relatively comprehensive law. However, it focuses on the management aspect and lack the content of protection of crew’s rights. Therefore, the basic rights of crew do not receive well protection. Tired working and payment delay happen usually.Working hours and wages are essential parts of the labor relation. On the comparison of the working hours and wages institution of MARITIME LABOUR CONVENTION,2006 and American Law of Seamen, the writer analyses some provision of our country, such as Regulation of Crew, Labor Law and Labor Contract Law and issues in the present institution in our country. Then the writer comes up with some reformation suggestions to appeal for uniform law of crew to establish instructive regulation for working hours and wages of crew, to make suitable minimum wage institution provision and to regulate the intermediate body from legal level.