第1條 為保障船員權益,維護船員身心健康,加強船員培訓及調和勞雇關係,促進航業發展,特制定本法;本法未規定者,適用其他法律之規定。
Article 1 This Law is enacted for purposes of protecting rights and interests, maintaining physical and mental health, reinforce cultivation and training of seafarers, harmonizing the relations of employers and employees, and enhancing development of the shipping industry.
The provisions of other laws are applicable in the absence of the provisions in this Law.
一船舶︰指在水面或水中供航行之船舶。
1. “Ship” means the ship, which navigates on the surfaces of waters or in waters.
二雇用人︰指船舶所有權人及其他有權僱用船員之人。
2. “ Employer” means the owner of ship or any person party who has right to employ seafarers.
三船員︰指船長及海員。
3. “Seafarer” means the master and seamen of a ship.
四船長︰指受雇用人僱用,主管船舶一切事務之人員。
4. “Master” means the person who is employed by the employer to take charge of all matters of the ship.
五海員︰指受雇用人僱用,由船長指揮服務於船舶上之人員。
5. “Seaman” means the person who is employed by the employer to provide services on a ship under direction of the master of the ship.
六薪資︰指船員於正常工作時間內所獲得之報酬。
6. “Wage” means the remuneration paid for services provided by seafarers during normal working time.
七津貼︰指薪資以外之航行津貼、固定加班費及其他名義之經常性給付。
7. “Allowance” means, in addition to wage, the payments of navigation allowances, fixed overtime charges, and other various types of regular payments.
八平均薪資︰指在船最後三個月薪資總額除以三所得之數額,
8. “Average Wage” means the amount computed by dividing the total wage amount of the latest three months by three.
工作未滿三個月者,以工作期間所得薪資總額除以工作期間總日數,乘以三十所得之數額。
If a seafarer's working time is less then three months, the average wage shall be the amount computed by dividing the total wage amount of the working period by actual total working days, then multiplying it by thirty.
第3條 下列船舶之船員,除有關航行安全與海難處理外,不適用本法之規定︰
Article 3 This Law shall not apply to seafarers on the following ships except for those involving navigation safety and dealing of marine casualties:
一船舶法所稱小船。
1.
Small ships provided by the Ship Law.
專用於公務用船舶之船員,除有關船員之資格、執業與培訓、航行安全與海難處理外,不適用本法之規定。
This Law shall not apply to the seafarers serving on ship, which is exclusively for the governmental services, except for the matters in respect of their qualifications, vocations, cultivation, training and dealing of navigation safety and maritime casualties.
第4條 本法所稱主管機關為交通部。
Article 4 The competent authority specified in this Law means the Ministry of Transportation & Communications (the MOTC).
船長應為中華民國國民。
All masters shall be the nationals of the Republic of China (the ROC).
第6條 船員資格應符合一九七八年航海人員訓練、發證及當值標準國際公約規定,其訓練、檢覈及申請核發證書辦法,由交通部定之。
Article 6 Qualifications of seafarers shall be in conformity with the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended.
Provisions for training, examinations and certification of seafarers issuance shall be provided by the MOTC.
第7條 具有前條資格者,應向交通部申請核發適任證書,始得執業。
Article 7 Any person, who possesses the qualification specified in the previous Article, is permitted to engage in the vocation as a seafarer only after the issuing of a competency certificate from the MOTC.
經檢查不合格或拒不接受檢查者,不得在船上服務。
The seafarer, who is unqualified by or rejects such examinations, shall not be permitted to work on board.
前項船員健康檢查費用,由雇用人負擔。
Fees for medical health examinations for seafarers provided by the previous paragraph shall be on the employer′s account.
船員體格檢查及健康檢查,應由符合規定條件之醫療機構或本事業單位所設置醫療單位為之;其檢查記錄應予保存。
Seafarers′ medical fitness and health examinations shall be done by the approved medical institutions, or the medical department of the organization where the seafarers serve, and the examination records shall be well kept.
船員體格檢查、健康檢查辦法及醫療機構條件,由交通部會同中央勞工及衛生主管機關定之。
The MOTC shall coordinate the central government authorities which are in charge of labor safety and sanitation to set the provisions of seafarers′ fitness and health examinations, as well as conditions and qualifications of medical institutions.
第9條 交通部為培育船員,應商請教育部設置或調整海事院校及其有關系科。
Article 9 In order to cultivate seafarers, the MOTC shall consult and coordinate with the Ministry of Education (the MOE) to establish or modify maritime colleges, schools and their relevant departments.
交通部應協助安排海事院校學生上船實習,
The MOTC shall assist in the arrangement of students from maritime colleges and schools to go on board ships for practices.
船舶所有權人及其他有權僱用船員之人無正當理由不得拒絕。
The ship owners or the parties who have the right to employ seafarers shall not refuse in lack of due reasons.