新冠疫情背景下船员休息权问题研究

Study on crew’s right to rest under the COVID-19 pandemic

新冠疫情期间,大批船员超期服务,法定的休息权无法保障。从捍卫海上安全、航行安全,维护船员健康权、休息权,实现船员体面劳动等角度来看,保障疫情期间船员及时下船休息尤其必要。建议各国通力合作,填补《2006年海事劳工公约》在疫情期船员及时下船方面的空白;建立疫情期船员及时下船机制,如开通船舶国际健康码,简化下船程序,增加方舱隔离点,政府补贴遣返费用等。此外,还需作好疫情防控常态化建设,提高船舶防范疫情和即时检测、报告的能力,配备充足的防疫物资,确保船员无法下船时也可以在船上得到足够的防护。

During the COVID-19 pandemic, the crew could not get off the ship when the service expired, and the statutory right to rest could not be guaranteed because of the extended service. From the perspective of ensuring maritime safety and navigation safety, guaranteeing the right to health and rest of the seafarers, and realizing decent work for the seafarers, it is especially necessary to ensure timely disembarkation and rest during the pandemic. It is suggested that all countries should work together to fill the gaps in Maritime Labour Convention, 2006 regarding the timely disembarkation of crew during the pandemic;to establish a mechanism for timely disembarkation of crew during the pandemic, such as opening the international health code for ships, simplifying the disembarkation procedures, increasing the quarantine points in mobile cabins, and government subsidies for repatriation costs. In addition, the normalization of COVID-19 pandemic prevention and control should be made, the ship’s ability should be improved to prevent epidemics and real-time detection and report, and ships should be equipped with sufficient epidemic prevention materials to ensure that crew can get adequate protection on board even when they are unable to disembark.