Hello everyone,

 

A heartfelt thank you to all the brothers who joined us, both in person and online, for today's seminar on "Are Seafarers Limited to Fixed-Term Contracts? The Contractual Choices in Maritime Labor." This event represents the third collaborative seminar between the union and National Chengchi University, focusing on the labor rights of commercial ship crews since the beginning of the year. We are very grateful to Director Liu Meijun and the Labor Institute of National Chengchi University for organizing this seminar. Special thanks to Associate Professor Qiu Yufan, Associate Professor Lin Jiahe, and Lawyer Cai Qingyu for serving as keynote speakers. We also appreciate the presence of Deputy Minister Wang Anbang of the Ministry of Labor, President Jiang Mingxiu of National Chengchi University, Professor Zhou Zhaoyu of Chung Cheng University, Associate Professor Li Yuchun, Researcher Chen Baiqian, Lawyer Shao Yunliang, Lawyer Liu Sulong, Lawyer Cai Qingyu, and Lawyer Liu Yantian.

 

All the guests attending today are among the top and most outstanding experts and scholars in the fields of production, government, and academia in the country. I would like to express special thanks to Professor Lin Jiahe for his strong assistance in organizing this seminar, actively designing topics, and contacting experts and scholars to serve as speakers, making this seminar possible.

 

In his opening speech, Deputy Minister Wang Anbang voiced the Ministry of Labor's backing for seafarers with indefinite contracts, emphasizing the need for proactive protection. Director Liu Meijun echoed this sentiment, underlining that irrespective of their distinctive labor conditions, all seafarers should fall under the purview of the Labor Standards Act. These motivating words from the Deputy Minister and the Director set the tone for the seminar, leaving everyone looking forward to the forthcoming discussions.

 

Lawyer Cai Qingyu, a legal professional and dedicated ally of the union, led the first session with her wealth of experience in maritime labor cases. Lawyer Cai's instrumental role in the Gung Songpin case, where she successfully appealed to the Supreme Court following an initial setback in the second instance, resulted in the case being remanded to the High Court.

 

In this session, she shared current legal cases involving seafarers, discussing relevant legal disputes that all converge on one point: "Are seafarers’ employment considered indefinite?" All related disputes stem from identity controversies, such as retirement benefits, severance pay, and even shore pay that seafarers are entitled to by law but have never received.

 

Lawyer Cai pointed out that once a contractual relationship is established, shore pay must be provided. It cannot be claimed that because some shipping companies unlawfully withhold it, there is no employer-employee relationship between the company and the seafarers. Lawyer Cai's opening remarks immediately shed light on the issues within maritime labor law for most of the audience.

 

The second session featured Professor Qiu Yufan. At the beginning of her presentation, she asked, "Is the fixed-term contract you signed really a fixed-term contract?" According to the laws of our country, whether a contract is fixed or not is not solely determined by the employer labeling it as such. It depends on the "continuity" of the work. "Continuity" doesn't mean that if a seafarer works today and doesn't work tomorrow, it lacks continuity. It's about whether the work provided by the company has continuity. Professor Qiu used her own example as a researcher, stating that research, regardless of the funding or the duration of the project, is considered continuous work for a professor. Therefore, teaching assistants should be given indefinite contracts. From the perspective of maritime law and labor law, Professor Qiu pointed out that maritime law does not prohibit indefinite contracts for seafarers. Despite the Maritime Port Bureau's claims, there is no explicit limitation on seafarers signing fixed-term contracts only. Professor Qiu urged the Bureau to provide templates for indefinite employment contracts, emphasizing that only indefinite contracts can truly protect seafarers.

 

In the third session, Professor Lin Jiahe spoke about the legal aspects of the issue. Professor Lin highlighted that the debate around seafarers' contracts is a legal matter, not a political one, despite claims by some shipping companies. Drawing on international comparative law, he explained that the concept of continuity is a characteristic of continental legal systems, and Taiwan has chosen to legislate based on indefinite contracts, as evident in the similarities between the Maritime Labour Act and the Labor Standards Act. Responding to common excuses from shipping companies, Professor Lin debunked the claim that seafarers have no work onshore, citing the example of Germany's "working hours account," which allows workers to receive salaries even during periods of non-working.

 

Discussants for this session were Associate Professor Li Yuchun and Lawyer Liu Yantian. Professor Li supported Professor Lin's views and brought in the example of Japanese law, where seafarer contracts are divided into employment contracts and entry contracts. Even if a seafarer is not physically signing a contract upon boarding, their status as indefinite employees is maintained. Lawyer Liu analyzed past judgments from the Kaohsiung District Court and mentioned a significant case from 2023, recognizing seafarers as indefinite employees. He expressed optimism that with the persistence of the union, success can be achieved in the future.

 

The final session was a roundtable discussion on the practical issues faced by seafarers. The union representative opened the discussion, seeking advice from Researcher Chen Baiqian and Lawyer Shao Yunliang on the ongoing litigation. Researcher Chen highlighted the issue of seafarer mobilization, noting examples from other industries, where workers fear retaliation from employers if they seek union assistance. Lawyer Shao, shifting from legal issues to personal experience, emphasized the importance of careful contract scrutiny and encouraged seafarers to actively participate in union education.

 

In conclusion, the analogy was made between seafarers and Palestine, with shipping companies being likened to Israel. The narrative portrayed the companies gradually encroaching upon seafarers' rights, and without continuous resistance, the seafarers face the risk of demise. The session ended with a quote from President Jiang, stating, "If the law cannot practice justice, citizens have a duty of disobedience!"