Study On Limitation And Legal Protection Of Seafarer’s Labor Rights And Interests In Shipping Industry

Ninety percent of global trade depends on sea transportation.Sea transportation plays a very important role in promoting the development of global economy and trade.Now,with the increase of China’s sea traffic volume,China has become a big ocean country.According to the Report of the Party’s 20th National Congress and the 14th Five-Year Plan,China will continue to pursue high-quality development under the Belt and Road Initiative and accelerate the strategy of building a "maritime power".Seafarers in the shipping industry are a key factor supporting the development of shipping and an important factor in realizing the high-quality development of the national Marine economy.Safeguarding the labor rights and interests of seafarers in the shipping industry is an essential part of the strategy of becoming a maritime power.At present,public health emergencies,international tensions and decarbonization actions have brought unprecedented challenges to the development of China’s shipping economy,and at the same time have highlighted the reduction of the labor rights and interests of seafarers in the shipping industry.Therefore,it is of practical necessity and urgency to further improve the legal protection of labor rights and interests of seafarers in the maritime industry,so as to realize the development of seafarers and adapt to national Marine strategic decisions.First of all,this study expounds the relevant concepts and theoretical basis of seafarers’ labor rights and interests in the shipping industry.It includes defining the concept scope,labor rights and interests of seafarers in the shipping industry and their classification,elaborating the characteristics of seafarers’ labor in the shipping industry,and analyzing the legitimacy and effectiveness of jurisprudence to provide theoretical and practical basis for the protection of seafarers’ labor rights and interests in the shipping industry.According to the current phenomenon of the restriction and contraction of seafarers’ labor rights and interests in the shipping industry,it points out the necessity of the protection of seafarers’ labor rights and interests in the shipping industry.Secondly,this paper analyzes the legal protection of the labor rights of seafarers in the maritime industry.This paper analyzes the deficiencies of the main protection contents of the labor rights and interests of seafarers in the shipping industry.At the same time,it analyzes and studies the problems of incomplete legislative security,unreasonable labor supervision and inspection mechanism and imperfect labor dispute processing mechanism for seafarers’ labor rights protection.Thirdly,this study studies the legal systems and institutions formulated and implemented by Singapore,Japan and the Philippines to protect the labor rights and interests of seafarers.By learning from other countries’ beneficial experience,it can provide a reference path for China to further improve the protection of the labor rights and interests of seafarers in the maritime industry.Finally,this study puts forward the way to improve the legal protection of labor rights of seafarers in our maritime industry.By strengthening the professional service team,seafarers’ legal consciousness,and establishing the coastal connection career development mechanism and special fund,we will improve the maritime seafarers’ career security system.In terms of legislation,the legislative level of seafarers’ labor rights and interests protection should be improved,while the pertinence of legal protection content should be strengthened,so as to systematically establish legal norms corresponding to seafarers’ labor rights and interests in the shipping industry.For the supervision and inspection mechanism of maritime law enforcement,it is necessary to ensure the orderliness of the supervision subject,the full coverage of the supervision scope and the improvement of the overall supervision level.In addition,we should optimize the tripartite coordination mechanism and the complaint handling mechanism of maritime labor relations to promote the operation of the labor dispute handling mechanism of seafarers in the maritime industry to be more flexible and convenient.