Laws Information

法規資訊
Title: The Seafarer Act
Am Date: 2014-12-24
Legislative History: Article 84-8 augmented, Articles 30 and 86 deleted and Articles 4, 7~13, 15, 17, 21, 25, 27~29, 31, 50, 51, 53, 57, 61, 66, 70-1~72, 75-1, 75-4~75-6, 82, 84, 87 and 89~92 amended and promulgated by Presidential Order Hua Zong No. 10300194150 on December 24, 2014

Transaction

Amended

Article 84-8
If a seafarer professional training organization evades, impedes or avoids the supervision conducted by the shipping administration authority under Paragraph 2 of Article 10-1 or if the examination result reveals any defect, the organization shall be requested to make necessary rectification in a given period of time and cease all or any of the training programs to be launched.
If the organization requested to make necessary rectification in the given period of time in accordance with the preceding paragraph fails to do so or does not cease the training programs as requested, the training business of the organization shall be suspended for one year.
The period provided in the first paragraph for the cease of training programs shall be limited to six months.
Article 4
The competent authority specified in this Act means the Ministry of Transportation & Communications (the MOTC) and all matters governed by the Act shall be regulated by the shipping administration authority.

Article 7
Any person, who meets the requirements set forth in the preceding Article, can practice as a seafarer only after having filed an application for a competency certificate with the shipping administration authority and having obtained the competency certificate issued by the MOTC.

Article 8
A seafarer can serve aboard a ship only when he qualified through a medical fitness examination and possesses a seafarer service book in accordance with relevant regulations.
A seafarer who is working on a ship shall undergo periodic health examinations. The seafarer, who is unqualified by or refused to undergo such examination, shall not be permitted to work on board.
Expenses for the medical health examinations for seafarers as provided by the preceding paragraph shall be on the employer’s account, affiliated to the Commission.
Seafarers’ physical examination and health examinations shall be performed by the medical institutions which meet the prescribed conditions, or the medical institutions affiliated to the department of the organization where the seafarers serve, and the examination records shall be well kept.
The MOTC shall coordinate the central government authorities which are in charge of labor safety and sanitation to set down the stipulations concerning seafarers’ fitness and health examinations, as well as the requirements of the medical institutions.

Article 9
In order to cultivate seafarers, the competent authority shall consult and coordinate with the Ministry of Education (the MOE) to establish maritime colleges or adjust the relevant schools and departments of existing maritime universities or colleges.
The shipping administration authority shall assist in the arrangement of the students from maritime universities or colleges to go on board ships for practices. The ship’s registered owner or the parties who have the right to employ seafarers shall not refuse to do so without due reasons.

Article 10
In order to foster technical manpower for maritime professionals, to enhance working technology and to promote national employment, the shipping administration authority shall establish or assist in the establishment of seafarer vocational training centers, or entrust other relevant professional organizations, to conduct pre-service and in-service training for seafarers.
The costs required for the vocational training as mentioned in the preceding paragraph, in addition to be budgeted and paid by the shipping administration authority, may be paid by the seafarers or employers.

Article 10-1
Regulations on the program of seafarer training transacted by professional organizations as mentioned in Paragraph 1 of the preceding article, as well as the students’ and instructors’ qualifications, the curriculum of training, facilities and expenses, imposition of certification fee, management of training and other relevant matters shall be prescribed by the competent authority.
The shipping administration authority may perform supervision over the professional organizations offering seafarer training, and the professional organizations shall not evade, impede or avoid such supervision, and will be notified of deficiencies if any, and shall improve within a certain period of time when so advised.

Article 11
When a seafarer is required to participate in training or qualification examinations held by the shipping administration authority, the employer shall provide the appropriate cooperation.

Article 12
When employing a seafarer, the employer shall sign a written employment contract with the seafarer. The seafarer employed shall not work on board a ship until the contract is sent to the shipping administration authority for future reference. The same shall apply for the contract is terminated thereto.

Article 13
The exemplar of the employment contract for employing seafarers shall be prescribed by the shipping administration authority.

Article 15
The employer shall provide on board the ship of the texts of the relevant laws and regulations, the necessary medicines and medical equipment.
The standards for the provision mentioned in the preceding paragraph shall be prescribed by the competent authority.

Article 17
The employer shall establish seafarers’ working regulations and submit the same to the shipping administration authority for future reference.
Seafarers shall obey the employer’s instructions given within the scope of its supervision.

Article 21
The seafarer is entitled to terminate the employment contract if any of the following situations occur:
1. The ship loses its nationality;
2. The employer misrepresents any fact at the time of signing of the employment contract in a manner which might mislead the seafarer and cause him to sustain damage therefrom;
3. A doctor has issued a certificate of diagnosis to verify that the seafarer suffers from physical or mental impairment that prevents him/her from engaging in the work consistently;
4. The employer, his (or her) agent, or family members of the above persons commits violence or grossly insults or threat to the seafarer;
5. The environment of work is likely to be injurious to the seafarer’s health and the seafarer has without success requested his (or her) employer to improve working conditions;
6. The employer breaches the employment contract or violates any labor statute or administrative regulation in a manner likely to adversely affect the rights and interests of the seafarer;
7. The employer fails to pay wage and allowance in accordance with the employment contract; or
8.The other fellow workers carry epidemic disease and there is a possibility that the seafarer may contract this disease.

Article 25
Foreign employers can hire the R.O.C. seafarers only after applying to the shipping administration authority for approval. The regulations on the qualifications and application procedures , conditions of approval, revocation, duties, employment, employment management and other relevant matters shall be prescribed by the competent authority.

Article 27
The minimum standards of seafarer wages, on-shore pay and overtime charges shall be prescribed by the competent authority.
The minimum wages mentioned in the preceding paragraph shall be not less than the wages stipulated by the basic work criteria of the Labor Standard Law.

Article 28
The employer shall provide necessary night safety protection measures for the seafarers who are required to perform their work between 8:00 p.m. and 6:00 a.m. on the next day.
The employer shall not instruct any seafarer under 18 years of age to perform his/her work during the period mentioned in the preceding paragraph.

Article 29
Before employing a female seafarer who is pregnant or within eight weeks after childbirth to work on board a ship, the employer shall take into account the advice given by the doctor generally evaluating the result of the physical examination performed for the female seafarer, and shall provide necessary maternal health protection measures.
In case a female seafarer is confirmed in pregnancy during the voyage, the employer shall instruct her to do light duties and the jobs necessary for navigation safety after having provided necessary maternal health protection measures. The employer shall not reduce any remuneration that the female seafarer is supposed to receive.

Article 31
The employer shall not instruct the seafarers under 18 years of age to conduct dangerous or harmful works
When the employer instructs any of the following female seafarers to conduct dangerous or harmful works, the employer shall take the doctor’s suitability assessment recommendations into account and shall provide necessary maternal health protection measures:
1. Female seafarers in pregnancy; or
2. Female seafarers within one year after childbirth.
Criteria for determining the dangerous or harmful works mentioned in the preceding paragraph shall be prescribed by the competent authority.
The employer shall submit to the shipping administration authority a monthly report specifying the number of female seafarers resigning due to pregnancy, childbirth or other factors, the ratio of the resigned female seafarers and other relevant statistical data.

Article 50
The right to claim the medical expenses provided in Article 41, disability compensations provided in Article 44, death compensations provided in Article 45 and 46, and funeral expenses provided in Article 48 shall be extinguished by prescription if not exercised within two years from the date the rights is granted.
The rights provided in the preceding paragraph shall not be affected by resignations of seafarers, and shall not be assigned, mortgaged, offset, seized or pledged.
The employer shall pay the death compensations provided in Article 46 within 15 days after the date of the claim made and the funeral expenses provided in Article 48 within 3 days after the date of the claim made.

Article 51
A seafarer may apply for voluntary retirement under either of the following conditions:
1. Where has worked on ships for fifteen years and attains the age of fifty-five.
2. Where has worked on ships for more than twenty years.
The employer may force a seafarer to retire in either of the following conditions:
1. The seafarer attains the age of 65;
2. The seafarer is under guardianship or has declared assistantship; or
3. The seafarer becomes incompetent of performing the duties due to physical disability.
A retired seafarer at the age of 65 can be hired in case he/she complies with the standard of physical examination.
The seniority of service and the payment of retirement pension of a seafarer prior to the enactment of This Act shall be computed in accordance with the Maritime Law before the enactment of This Act.

Article 53
In order to protect the retirement benefit of seafarers, the retirement system prescribed by the Labor Pension Act shall apply to the retirement matters for seafarers of R.O.C. nationality, unless those who have not opted for the retirement system under the LaborPension Act pursuant to Article 9 of the Labor Pension Act.
For the standard for payment of employee’s pension as mentioned in the proviso of the preceding paragraph, the seniority of service before the enactment of this Act shall be computed in accordance with Paragraph 4 of Article 51, while the seniority of service after the enactment of This Act shall be computed in accordance with Article 55 of the Labor Standard Law.
For seafarers who are employed by the same employer after applying the retirement system prescribed in the Labor Pension Act, their seniority of service before such application shall be reserved. For the standard of payment of their pension, the seniority of service before the enactment of this Act shall be computed in accordance with Paragraph 4 of Article 51, while the seniority of service after the enactment of This Act shall be computed in accordance with Article 55 of the Labor Standard Law.
The employer shall allocate a pension reserve for seafarers in the preceding two paragraphs pursuant to Article 56 of the Labor Standard Law.
For the seafarers who apply to the retirement system under the Labor Pension Act, the severance pay shall be paid in accordance with Articles 39 and 54.
For seafarers hired by the same employer for on-shore work, the seniority of service shall be combined for computation as the retirement conditions, and the pension shall be computed on the average wage specified in Article 2 of the Labor Standard Law according to their onboard and on-shore work respectively.
The right to claim the pension payment shall be extinguished by prescription if not exercised within five (5) years commencing from the month following retirement.

Article 57
The shipping administration authority may afford assistance for establishing seafarer welfare facilities in any appropriate ports, including seafarer welfare, cultural, recreational and informational equipment.

Article 60
A master shall prepare various ship documents and the relevant documents concerning passengers and cargoes carried by the ship.
When the shipping administration authority, according to law, inspects the ship documents and relevant documents as provided in the preceding paragraph, the master shall submit them immediately for inspection.

Article 66
A master shall prepare the sea protests and submit it to the shipping administration authority in details regarding the accident of sinking, stranding, collision, forced docking, or other accidents, and extraordinary occurrences to cargoes, seamen or passengers.
The sea protests in the preceding paragraph are effective only after having been authenticated by the seamen or passengers, provided that the sea protests were made while the master survived alone from the accident.

Article 70-1
To ensure the safety of the ship and navigation, the employer shall, before and at the beginning of the voyage, man the ship with sufficient and qualified seafarers in accordance with relevant provisions
The minimum standard of safe manning for various routes, types and sizes of ships shall be prescribed by the competent authority.

Article 71
A master shall report to the shipping administration authority his/her findings, in the present routing, of oil pollution, newly formed sand beach, submerged reefs, severe weather changes or other accidents, which may obstruct navigation.

Article 72
In case a maritime casualty or other accident incurred to a ship, the master shall immediately take any emergency measures to prevent the ship from danger and report to the shipping administration authority in priority manner for salvage if necessary.
If a ship was stranded, sunk, or malfunctions because of a maritime casualty or other accident, the master shall not only deal with it in accordance with the preceding paragraph, but also prevent oil from spilling or leaking in order to avoid pollution to the coasts and waters.

Article 75-1
The yacht master or the power-driven small ship master shall be at the age of 18 or above, with no maximum age restriction, except for otherwise provided in the Act.
The business-use power-driven small ship master shall not exceed 65 years of age. However, in case the master satisfies physical examination standards and has never been punished for violation of navigation safety for the latest year, the maximum age restriction may extend to the age of 68.
Assistants shall be at the age of 16 or above, with no maximum age restriction. However, in case the business-use power-driven small ship master exceeds 65 years of age, the master’s assistant shall not exceed 65 years of age.

Article 75-4
Any person desiring to engage in establishing a yacht master or power-driven master training organization, shall, by enclosing business plan, apply to the shipping administration authority for passing the joint review and then submitting to the competent authority for approving the establishment of the organization.
The training organization shall complete the establishment within six months from the date the permission was given, and report to the shipping administration authority for transferring the same to the competent authority for permission of operation. Then the organization may start recruiting students therefrom.
If the training organization fails to complete establishment within six month after being given permission of establishment due to reasons not attributable to the organization, it may apply to the shipping administration authority one month before the deadline for transferring the same to the competent authority for permission of one extension with a maximum period of six months. The permission shall be revoked in case the establishment is not completed within the extended period.
The organizations permitted by the competent authority to offer training for power-driven small ship masters before the enactment of the amendment on 11 January 2011 may continue to offer various training for power-driven small ship masters.

Article 75-5
The shipping administration authority may from time to time dispatch a delegation to examine the personnel, training and equipment of the training organizations for yacht masters or power-driven small ship masters, and supervise their operation, as well as conduct annual assessment based on the annual plan and other related information submitted. The training organization shall not evade, impede or avoid such requests.
The content of assessment as mentioned in the preceding paragraph shall include administration and management, instructors’ qualification, ships for training purpose, classrooms, training venues, teaching materials, teaching tools, fees, class condition of academic and technical subjects, research and development, etc.
For the training organizations who fail the annual assessment, the shipping administration authority shall order the organizations to make necessary rectification within a given time limit and to then effect the re-assessment. The organization concerned shall not recruit or train students before it passes the re-assessment.

Article 75-6
Regulations on the qualifications of the yacht masters and power-driven small ship masters, their standard for physical examination, training, testing, issuance of master’s license, imposition of licensing fee, safety quota, assistants’ standard for physical examination, safety quota, and the establishment of an master training organization, application/annulment of permission, offering of classes, admission procedures, qualifications of the students under training, training programs, training facilities, instructors’ qualifications, imposition of training fee, refund of fees, annual assessment, training management and other matters shall be set down by the competent authority.

Article 82
The employer who violates Articles 28 to 31 shall be punished with imprisonment not exceeding six months, or detention in lieu thereof, or in addition thereto, a penalty not exceeding sixty thousand New Taiwan Dollars (NT$60,000).

Article 84
Any employer shall be subject to a fine from sixty thousand New Taiwan Dollars (NT$60,000) to three hundred thousand New Taiwan Dollars (NT$ 300,000), and the ship concerned may also be subject to a 30-day maximum suspension of sailing if any of the following conditions occur:
1. It violated the regulations stipulated in Paragraph 3 of Article 8, Paragraph 2 of Article 9, Article 12, Article 14, Paragraph 1 of Article 15, Paragraph 1 of Article 17, Paragraphs 1 to 4 of Article 22, Paragraph 2 of Article 26, Article 32, Article 33, the proviso of Article 34, Article 37, Article 38, Paragraph 1 or 2 of Article 40, Article 41 to Article 45, Paragraph 3 of Article 50 or Paragraph 1 of Article 70-1.
2. It violated the things mentioned in Subparagraph 2, 4, 5 or 7 of Article 21.
3. It violated the minimum standard specified in Paragraph 1 of Article 27.
4. Employing persons who are not eligible for practicing as a seafarer or unqualified seafarers to undertake duties on a ship without permission.
5. Covering, instigating or taking any other injustice means causing a seafarer to engage in smuggling of persons.
The employer who is permitted to hire foreign national seafarers but commits one of the things provided by the preceding paragraph, in a serious offense, shall also be subject to revoking of their permission to hire foreign national seafarers.

Article 87
Assignment of seafarers on board a ship to a war zone shall be agreed upon by the seafarers in a written agreement. The danger allowance, insurance, and the disability and death compensations for such seafarers shall be negotiated by the relevant organizations of employees and employers, and reported to the shipping administration authority for approval before coming into effect.

Article 89
For matters not provided herein which involving in international transactions, the competent authority may adopt and implement the rules, regulations, guidelines, standards, recommendations and programs set forth under the relevant international conventions or agreements and their protocols thereof.

Article 90
The administrative punishments prescribed in the Act are implemented by the shopping administration authority.

Article 91
The competent authority or the shipping administration authority is entitled to collect reviewing fees, and certificate and license fees while reviewing the application for a permit, or issuance of certificate or license. The schedule of fees shall be prescribed by the competent authority.

Article 92
The by-laws of this Act shall be established by the competent authority.
Article 30
(Deleted)

Article 86
(Deleted)