On July 18, 2023, China Steel Express issued a notice announcing that they will no longer send exemplar of fixed-term employment contract templates by mail. Seafarers are required to download electronic files themselves. Taiwanese crew members must also collect their relevant documents, including seafarer's certificates, upon disembarking. Moreover, the term "Temporarily Replaced until Contract Completion" will be changed to "Mutually Agreed Contract Completion." The company did not discuss these changes with the union beforehand and failed to communicate with the crew members, leading to various speculations and anxieties among the seafarers. The union hereby provides this clarification.
It seems that the company's recent announcement aims to strengthen its argument that seafarers are engaged in fixed term contracts and try to set a clear separation from reserve crew members. The company seems to treat seafarers as temporary labors, with no pay or insurance immediately upon disembarking. They have a policy to employ those they prefer and dismiss others as needed. The reason for this adjustment is likely due to the contradiction between the company's legal claims in court and its past actions. They want both the flexibility of fixed term contracts and the stability of labor supply under indefinite labor relationships.
In the past, the shipping company employed tactics such as withholding seafarers' certificate and passports, to make disembarked crew members believe they were still employed by the company. This practice aimed to discourage them from seeking employment with other shipping companies and maintain their loyalty to the company. However, the company did not fulfill its obligations to provide protection and care as an employer.
The situation only began to change when the China Steel Express Union persistently assisted its members in filing lawsuits and complaints, exposing the company's actions and attracting public attention. Fearing being discovered for engaging in indefinite labor contracts, the company modified its practices following scrutiny from the courts, Bureau of Labor Insurance, and Ministry of Labor.
It appears that China Steel Express continuously change policy have little impact on the indefinite status of their current crew members. These changes may aim to weaken the union's influence, create divisions among the seafarers, and expedite the process to replace domestic crew members with mainland china crews.
The company seems to pretend to accept the union's demands while employing other strategies to undermine the union's influence and attempt to shift blame for any issues onto the union. The union acknowledges and genuinely supports the idea that China Steel Express should return crew members' certificate and passports as we have publicly questioned the company's illegal practice of withholding such documents on for the past 27 years.
Returning crew members' documents is something that should have been done in compliance with the law. However, the intentions behind the sudden move and drastic policy changes are difficult and complex to determine. There might be several potential purposes: first, by avoiding records of sending contracts, the company can manipulate the signing date of contracts; secondly, creating a perception of crew members having their own contracts, the company is not responsible for the crew during off-duty periods. Thirdly, attributing difficulties in boarding to the unions to create a division between the union and its members. Fourthly, using the deficit of contract prepared by the crew or incompletion of required documents to excuse the company’s hiring of mainland China crew members. Finally, changing the terminology from "Temporarily Replaced until Contract Completion" to "Mutually Agreed Contract Completion" could remove the potential obstacles of using mainland China crew members. It is challenging to ascertain the exact motives behind these changes. The situation may have broader implications and requires careful consideration and further investigation.
According to the labor-management meeting, China Steel Express stated that discussions on crew members' fixed term/indefinite employment status would depend on the indefinite employment contract exemplar announced by the Maritime Port Bureau. The company also expressed no objection to employing crew members under indefinite contracts. However, the union strongly condemns and regrets the company's decision to change the established norms through a notice without any prior communication.
The union demands that the company to acknowledge the fact that crew members are essentially under indefinite employment contracts and abandon the notion of heavily relying on mainland China crew members. We also urge all crew members and those concerned about seafarers' workplace conditions not to be deceived or intimidated by the company. The union emphasizes that as long as crew members remain united and resist the company's attempts to divide and threaten us, the company cannot dismiss Taiwanese crew members. The union will continue to monitor the company, defend the work rights of its members, and strive for comprehensive application of indefinite employment contracts. We have already prepared indefinite employment contract exemplar for the benefit of our members.
The union calls upon crew members to stand together in support of the union and stand against any arbitrary actions by the management and requests the company to promptly sing indefinite employment contracts with crew members and provide exemplar for all members to download and use.
