船員法對船員工作時間規範之初探

A Preliminary Study on the Working Hours Regulations of Seafarer in Seafarer Act

四面環海的臺灣雖具有長遠之海運事業發展歷史，然勞動法學界對於船員勞動相關法律問題之研究卻相當有限。船員既身為勞務提供者，則吾人同樣應重視船員勞動權益之保障。綜觀船員法對船員工作時間之法規範，諸多規定或許於立法之初有其特殊考量；然就整體而言，亦存在制度設計不夠細膩之疑慮，而有進一步檢討之必要。本文以為，因新冠疫情衝擊全球航運之當下，或許正是吾人重新省思船員法對船員工作時間所定規範之契機。因此，本文提出船員法所定正常工時宜重新檢討、船員法之工時相關規定宜進一步細緻化、航海日誌之備置應提昇至母法位階、全面檢討船員配置基準之建議，希冀能有些微拋磚引玉之效。

Although Taiwan surrounded by the sea on all sides has a long history of development of maritime industry, few researches on the legal issues related to the labor of seafarers in the labor law field have been carried out. Since seafarers are labor providers, we should pay attention to the protection of their labor rights and interests as we do to others. As far as the Working Hours Regulations of Seafarer in Seafarer Act is concerned, perhaps special considerations have been given at the beginning of the legislation, but there are doubts that the system design is not thoughtful enough, and further review is necessary. The author believes that due to the impact of the Covid-19 pandemic on global shipping trade, it may be an opportunity for us to reconsider the Working Hours Regulations of Seafarer in Seafarer Act. Therefore, this paper aims to propose the following suggestions: that the normal working hours stipulated in the Seafarer Act should be re-examined, the relevant provisions of the Seafarer Act should be further detailed, the preparation of the logbook should be upgraded to the level of the mother law, the standards for minimum safety manning for seafarers in ship should be comprehensively reviewed, in the hope of getting the ball rolling.