英国的捕捞渔船船员立法

On UK legislation concerning fishing vessel personnel

英国捕捞渔船船员立法分为三类:资格和配员法规、航行作业要求法规和劳动保护法规。驾驶员适任证书仅设置了三个等级,轮机员仅设置了两个等级,职务船员的考核和发证由海事与海岸警卫局直接负责,而普通船员的培训、考核、发证工作则由渔业部门管理的半官方机构——海洋渔业促进会负责,渔船船员劳动保护法规涉及集体协议、工资、保险、死亡报告、食品和饮用水供应、劳动时间、遣返、医疗药品储备、劳动保护装备、操作规范等方面。建议完善中国的渔船船员法规,简化渔船船员适任证书等级设置,制定渔业行业协会法规,依托和扶持渔业行业协会,发展渔船船员培训事业,制定适用海上劳动者的特别法规,使船员得到与陆地劳动者同等的劳动保护。

The UK legislation concerning fishing vessel personnel may be classified into three groups ： those on crew qualifica- tion and crewing, those on requirements to be followed by personnel in navigation and fishing, and those on labor protection. Certificates of competency for deck officers include only three classes and certificates for engineer officers involve only two classes. The Maritime and Coastguard Agency directly takes responsibility for supervising officers＇ training, examination and certification. The Sea Fish Industry Authority, a non-departmental public body supervised by the Department for Environ- ment, Food and Rural Affairs, is empowered to supervise fishermen training, examination and to issue certificate. The legis- lation on fishermen＇ s health and safety at work covers such areas as collective agreement, wages, insurance, return of death, supply of food and water, working time, repatriation, medical stores, personal protective equipments, operational require- ments, etc. In this paper, some recommendations are put forward： to improve Chinese laws on fishing personnel, to simplify classification of certificates of competency for fishing vessel officers, to make a specific law on fishery association, to rely on and assist fishery associations to train fishermen, and make the specific labor laws for workers at sea to ensure that they are well protected as the land-based workers are.