The choices of employing seafarers for the national shipowners in Taiwan: an empirical study

This paper focuses on the binary choice behavior of employing seafarers for the Taiwanese' national shipowners and embraces the empirical investigation based on the Binary Logit Model. First, three groups of important factors have been identified having a bearing on the national shipowners' hiring preferences: crew cost, competence and efficiency (including knowledge, skills, communication, physical and psychological attitude and conditions), as well as quality standard system complying with STCW95. Then, an empirical analysis, based on a Binary Logit Model about the national shipowners' choosing seafarers, is conducted to demonstrate the conceptual framework developed in this paper. The results show that the hiring decision is significantly affected by the crew cost. The national shipowners also consider several other factors when hiring officers and ratings. In addition, there are significant differences in hiring preference between the sailing international services and operating the liner ships. In the future, when the Measure shall be amended, the national shipowners will change their behavior to re-choose the foreign seafarers.     

2020全球限硫令对海员权益的影响

2020全球限硫令的推出,对各方均造成了极大的影响。为确保海员权益不受损害,文章结合国内外资料以及对部分海员的访谈,在国内首次系统分析了2020全球限硫令的实施对海员在人身安全、职业健康、工作休息、工资报酬、责任追究等五方面影响;并首次从船东和主管机关的角度分别提出了履行2020全球限硫令时保护海员权益的建议,即船东要加强培训、确保船舶配员、关注海员职业健康和工资报酬,船旗国和港口国主管机关要加强海员权益保护检查、确保提供合格燃料油以及给予海员足够的宽容和理解等。     

关于船员劳务合同中优先权问题的探讨

针对船员劳务合同中优先权问题进行了探讨,指出在船员与船舶所有人没有劳动合同的情况下,船员仍对劳动报酬享有船舶优先权;船员劳动服务机构就船员工资及船员人身伤亡不享有船舶优先权。     

《海商法》修改中关于船员外派的若干法律问题

随着社会的发展,中国《海商法》中某些方面的缺失和滞后严重影响着立法目的实现,特别是关于船员外派方面,直接导致了对船员的保护不足和法律适用上的困难。结合船员劳务外派工作实务中的一些常见问题,从修改完善《海商法》的角度来进行分析和论证,提出在《海商法》中设立专章或单独设立《船员法》来对船员外派的性质、外派企业的法律地位、船员的特殊保护等方面进行明确规定,以为船员的法律救济提供依据。     

Shipping and the competitive advantage of nations: the role of international ship registers

This paper argues that the creation of international ship registries by traditional maritime countries will not sufficient to halt the decline of their fleets. Over the last two decades shipping has undergone profound restructuring, characterized by a trend towards globalization and a search for a more efficient factor input combination. While shipowners from OECD countries have relied increasingly on flags of convenience, new maritime countries, particularly from Pacific Asia, have emerged, taking advantage of low-cost inputs and supportive national national environments. In the late 1980s the traditional maritime countries responded to the challenge by introducing international ship resistries. The Norwegian International Ship Registry is the most liberal and has the greatest success. Other new registries have limited impact. It appears that an international ship registry per seis not sufficient to reverse declining national fleets.     

A study of the role of seafarers in combating piracy off the coast of Nigeria

Piracy off the coast of Nigeria portends grave danger to the economic, security, and sociopolitical development of the country. It also threatens both international and regional trade as well as the stability of the West African sub-region. Despite Nigerian government’s attempts to curb piracy caused by poverty, unemployment, including corrupt and weak maritime regulatory and security institutions, attacks by pirates have continued to occur off the country’s coast. Consequent upon the adverse effects of piratical attacks on their day to day activities, seafarers can facilitate the suppression of piracy off the Nigerian coast. This paper uses statistics, provisions of international instruments and domestic legislations, the United Nations Security Council resolutions, soft laws, and opinions of researchers to examine the nature, causes, and effects of piracy on seafarers in Nigeria. The author argues that seafarers are necessary partners to curb piracy off the coast of Nigeria through enforcing maritime security conventions and other related instruments as well as testifying against pirates during trials. In conclusion, this paper contends that acts of piracy adversely affect crew members’ life, health, family, job, and finance thereby providing an overwhelming motivation for seafarers to play a role in suppressing piracy off the Nigerian coast.     

未满200总吨小型海船最低安全配员证书核发工作探析

合理的船员配备能够有效的保证船舶及船上人员的安全,还能保护船员得到充足的休息。随着社会发展,小型海船的情况越来越复杂,更因为营运成本、沿海船员紧缺等因素的限制,小型海船船东对最低安全配员的减配要求尤其突出。文中梳理了未满200总吨小型海船最低安全配员证书核发工作中遇到的问题,提出了相关的对策建议。     

Code of behaviour at sea: women seafarers’ shipboard identity management

The employment of women on cargo ships, particularly at officer’s level, is paid more attention in order to supplement the shortage of qualified officers. However, seafaring jobs are still overwhelmingly dominated by men, and there seems to be gender-related challenges for women in such work environment. Women seafarers in this research are those who work in the ship operational sections on cargo ships as deck officers, engineers or radio officers. A total of 36 female and 8 male seafarers from eight different countries participated in the project and shared their experiences of working on board ships. The research revealed that the occupational culture of seafaring often reflects masculine norms and values which could affect women seafarers’ behaviour and attitudes. This paper further explores how women manage such situations on board by utilising various strategies in order to avoid gender-related problems. This study identifies a typical pattern of women seafarers’ identity management and creates a model of women’s strategic shifting patterns over time.     

The concept of “shipowner” under new maritime labor law (MLC, 2006): does the shipowner own the ship? (comparative analysis of national law of Denmark,Finland, Germany,Norway, and the United Kingdom)

The identification of the responsible shipowner is essential for seafarers in order to claim payments and compensation in respect of their employment on board a ship. Often this may be difficult because of corporate arrangements and the many intermediaries traditionally involved in ship operation. The Maritime Labour Convention 2006 (MLC, 2006), adopted by the International Labour Conference (ILC) 94th (Maritime) Session in 2006, entered into force on August 2013; it significantly affects the shipowner’s responsibility in respect to seafarers’ employment. Taking into account the mentioned issue, the article examines the concept of “shipowner” under the MLC, 2006 and presents comparative analysis of the relevant national law implementing the MLC, 2006 in Denmark, Finland, Germany, Norway, and the United Kingdom.     

Common patterns in aggregated accident analysis charts from human fatigue-related groundings and collisions at sea

Research has shown that there are potentially disastrous outcomes of human fatigue at sea. The conditions in which the seafarers have to operate are becoming more and more demanding. The study in this article attempts to aggregate accident charts derived from in-depth studies of human fatigue-related accidents to determine common patterns of interlinked fatigue factors. The accidents are analyzed by means of the Cognitive Reliability and Error Analysis Method (CREAM), which in the article has been modified for maritime accidents. The main fatigue factors identified are ‘shift work’, ‘irregular working hours’, ‘inadequate task allocation’, and ‘excessive demands’. The study reveals several differences between ship collision and grounding accidents and their corresponding fatigue factors. Human fatigue-related collision accidents are characterized by wrong/badly timed decisions, misconceptions, and poor communication between the vessels. Right before the collision the crew is often panicking and mistakes are easily made. In human fatigue-related groundings, the conditions are often monotonous and the navigating officer has either overlooked the upcoming seabed or simply fallen asleep. Safety climate issues are also identified as important contributors to human fatigue.     

Finding a balance: companies,seafarers and family life

Separation from partner and family has been found to be one of the most significant causes of stress for seafarers, with separation from the family one of the most important ‘stress’ factors influencing a decision to reduce planned sea service. Drawing on in-depth interviews with seafarers' partners in the UK, China and India, this paper focuses on the impact of seafaring on family life, with particular attention given to the effects of differing conditions of service and the range of company support available to seafarers and their partners. The paper concludes that the negative consequences of seafaring can be minimized by such policies as shorter trips, continuous employment (rather than employment by voyage) and opportunities for partners and families to sail. Whilst these measures may have financial costs, these can be off-set by improved retention of seafarers and the avoidance of stress-related illnesses. Indeed, at a time when there is a projected shortfall of well-trained seafarers, such steps may be sound company policy     

船东履行《2006海事劳工公约》要点探讨

旨在提供海员体面工作条件的《2006海事劳工公约》已于2006年2月23日被国际劳工组织通过,该公约有可能在2011年底之前生效。作为该公约涉及的对象之一,船东公司需提前准备做好各项履约工作。综合考虑公约的内容和特点,结合大部分船东公司的管理实际,总结与履约相关的部分工作要点,可为船东的顺利履约提供参考。     

ISPS and manning issues

Seafaring is a profession and seafarers are just like any other ordinary workers of a work force. They should enjoy the same rights as accorded to workers ashore. Those rights include the right to life, right to payment of wages, right to healthy, safe and decent working conditions. People working ashore have variety of access to medical services and if they fall sick, the hospitals and clinics are at their disposal twenty-four hours a day. Seafarers have to depend on a ship’s first aid kit, thus, it is really important for seafarers to be allowed ashore to visit a clinic or other medical facilities whilst in port.     

Accessing the global seafaring labour market

As a global labour market exists for international shipping, a challenging issue facing this industry is to get access to reliable, accurate and timely information of seafarers’ demand and supply. Related to the deregulation environment and great variety in the availability and quality of relevant information, an enquiry into the global seafaring labour market is more complex than a national labour force survey. To cope with the challenge, a novel approach has been developed by the Seafarers International Research Centre (SIRC) at Cardiff University. Viewing capital (ship), labour (seafarers) and services (cargo or passengers) as interconnected and interwoven to each other, it collects and analyses crew lists from main ports world-wide, resulting in the creation of the first global seafarers database. The purpose of this paper is explain its methodological principles, and to illustrate its application potential. Taking the cruise sector as an example, research findings and methodological implications are highlighted.     

Participation in the global labour market: experience and responses of chinese seafarers

Regarding their participation in the global labour market, this paper draws attention to the complexity of Chinese seafarer composition and experience. How do they approach the opportunities available? What is the linkage between working for the national fleet and working onboard foreign vessels? Which factors influence their participation? The above issues are addressed by a questionnaire survey conducted in the Port of Hong Kong in 2002/2003. There are many findings from this survey. First, differing from the sole employment pattern of state-owned enterprise (SOE) in the past, a new group, called non-state-owned (NSO) seafarers, is emerging with the target of international recruitment. Second, Chinese seafarers driven by both supply and demand factors desire to engage fully in the global labour market. Third, Chinese seafarers are embarrassed and confused by income inequality both internationally and nationally, which is partly related to the mismanagement in its recruitment. Fourth, a lack of multi-national environments also constrains them from English improvement and professional development.     

Maritime law issues related to the operation of unmanned autonomous cargo ships

The paper analyses the issue of unmanned autonomous ships from the perspective of international maritime law with a particular focus on crew related conventions and specifically SOLAS, STCW, and MLC. Our primary aim is to identify potential operational difficulties that could deter shipowners from investing or adopting the new technology. Our analysis indicates that there are several areas of ambiguity that would create impediments to a positive investment decision and deter shipowners from adopting the autonomous ship design. With these findings in mind, suggestions are put forward that could alleviate the problems identified.     

Cultural diversity, manning strategies and management practices in Greek shipping

The present paper examines the way Greek shipping companies and Greek seafarers perceive culture, and how this affects their approach to crew management and operation of the ships. The analysis focuses on the manning strategies employed by the companies, on the operational problems that might occur on-board, and on any possible disturbance of the relation between the ship, the office at shore and third parties. Finally, a number of management practices which, when implemented, help to overcome these problems is also examined. The research methodology includes a review of the existing literature and interviews conducted by means of questionnaires filled in by crew managers and seafarers. Results show that some of the predominant problems encountered aboard, as far as communication with multicultural crews is concerned, are rooted in cultural and linguistic incompatibility, as well as in inadequate and inappropriate training. Furthermore, crew managers and seafarers lack both a clear perception of culture, and share opinions on the implementation of manning strategies. The present paper concludes that culture management can enhance crew team cohesion, upgrade communication at all levels, and, finally, improve the quality of the working environment, the safety of the workplace and the overall performance of the team.     

浅谈新常态下海员的现状与可持续发展

海员是我国从海洋大国向海洋强国转变的中流砥柱,他们为发展国民经济、保证航运安全和扩大对外开放做出了巨大的贡献。但是从当前形势来分析,我国对海员的教育培训力度和关怀力度却远远跟不上海洋经济的发展。文中主要指出我国海员目前所面临的发展现状,结合国外海员的发展模式及可吸取的经验,对我国海员的可持续发展做出较为全面的策略探讨。     

“Blue” social capital and work performance: anthropological fieldwork among crew members at four Danish international ships

One outcome of globalization is an increasing number of seafarers, who seldom are members of the same crew two voyages in a row and must cooperate with seafarers from many countries (Progoulaki and Roe WMU J Marit Affairs 10:7–23, 2011). This situation challenges the level of social capital on board, i.e., the resources inherent in network cooperation associated with norms of reciprocity and trust (Putnam 2000: 19). Fragmentized “blue” social capital should, however, be restored, as work performance depends on the quality of cooperation among crew members horizontally, as well as between crew members and the shipping company vertically. Drawing on anthropological fieldwork data from four Danish international ships, the purpose of this paper is to offer a new theoretical framework for analyzing cooperation among crews. Our inductive empirical findings suggest that a balance between three types of social capital—bonding, bridging and linking—is needed to achieve a high-performing work system (Gittell et al. Organ Sci 21(2):490–506, 2010). Hence, the main actors within the shipping sector should take “blue” social capital into account to increase work efficiency and economic performance.     

The Maritime Labour Convention, 2006—reflections on challenges for flag State implementation

This paper begins by providing a brief overview of the International Labour Organization’s Maritime Labour Convention, 2006 (MLC, 2006), noting that this Convention, often called the “Seafarers’ bill of rights”, seeks to achieve both social and labour rights (“decent work”) for seafarers and fair competition (achieving a level-playing field) for shipowners. It has been described as the “fourth pillar” of the international maritime regulatory regime complementing the major International Maritime Organization conventions. The paper provides a brief update on international efforts to achieve the 30/33 formula needed to bring the Convention into force [at present, the tonnage element, 33% has been achieved already with coverage now at 54% of the world fleet (by gross tonnage), with 18 ratifications]. It then explores challenges faced by flag States in connection with capacity to implement the ship inspection and certification system under the MLC, 2006 and other difficulties with respect to legal implementation by the flag States. The paper also comments on some challenges in connection with port State, coastal State and labour-supplying State responsibilities. The paper points out that the MLC, 2006 is a comprehensive code that covers diverse issues and a wider range of both ships and seafarers than previous conventions. It often requires interdepartmental cooperation to implement its requirements at the national level. The paper concludes that, despite the slower pace of ratification in some regions, largely because of the recent economic and other crises, it appears that many actors in the maritime sector are already actively engaged in MLC, 2006 implementation, often ahead of governments. The question is not “if” but “when” the formula will be achieved to allow the MLC, 2006 to enter into force.