Study On Collective Contract System Of Seafarers In China

As an important pillar of the shipping industry,the role of the seafarers as the special occupational group cannot be ignored.It is because of their hard work that the shipping industry can operate safely,orderly and efficiently,thus effectively ensuring the rapid development of the world economy.However,this vulnerable group is often overlooked.In addition,China has no special seafarer labor legislation,and their basic rights are difficult to be guaranteed.The contract signed by the seafarers and the shipping company is usually a standard contract provided by the shipping company.The contents of wages,rest and vacation,social insurance and welfare treatments do not even meet the minimum standards set by the state,and the seafarers have no way to complain.However,if the seafarers' collective contract system can be improved in China,the seafarers' rights can be well protected.The seafarers' collective contract system gives the seafarers' right to form a union to negotiate some issues that bilateral concern with the shipowner or the shipowner association on an equal status,and then sign the collective contract.This paper will introduce the existing problems of the seafarers' collective contract system,and then combining with the extraterritorial system research to put forward targeted suggestions for the construction of the seafarers'contract system in China.Except to the introduction and conclusion,the paper is divided into four chapters.The first chapter is an overview of the seafarers' collective contract system.In order to introduce the concept and characteristics of the seafarers' collective contract system,this paper analyzes the related concepts of the collective contract system.In addition,In order to analyze the nature of the seafarers' collective contract,this paper makes contrast of the seafarers' collective contract with labor contract.The second chapter is about the problems existing in the seafarers' collective contract system.Firstly,this chapter defines the status and functions of the relevant parties of the seafarers' collective contract system.It is concluded that the subject of the seafarers' collective bargaining is the Seafarers' Trade Union and the shipowners'association,and the seafarers are the people involved in collective bargaining.On this basis,it mainly analyzes the problems existing in the subject of the collective bargaining.Secondly,through the study of the contents of the China Crew Collective Agreement,obtaining the problems of the contents of the collective bargaining.Finally,starting from the relationship between labor disputes,collective disputes and collective contract disputes,this paper analyzes the problems existing in the dispute settlement method of seafarers' collective contract.The third chapter is the reference of the extraterrestrial seafarers' collective contract system including the collective contract system of the International Transport Workers Federation,the Philippines and the United States.The International Transport Workers Federation is an international trade union federation and is at the forefront of the protection of the rights of seafarers.The Philippines is a large exporting country and its system of the protection of seafarers' rights is better.It attaches great importance to the seafarers' collective contract system.The United States is a major shipping country.As early as 1790,there were maritime-related legislation,and the protection of seafarers was from excessive blame to key protection.In addition,the contents of the US collective contract include mandatory clauses,licensing clauses,and illegal clauses.This is more instructive for both parties to the negotiations.The fourth chapter is the proposal to improve the seafarers' collective contract system.Based on the problems existing in the seafarers' collective contract system of China,with the collective contract system in foreign countries,this paper put forward certain suggestions for the subject of the collective bargaining of the seafarers,the content of the collective bargaining,and the dispute settlement method of the seafarers'collective contract.The author hopes this paper could make contribution to the seafarers' collective contract system.