Seafarers' Rights in China/Права моряков в Китае

Книга на английском языке.
This book critically investigates the conditions of seafarers’ rights in China in legislation and in practice, focusing in particular on the restructuring process following the 2006 Maritime Labour Convention. Accordingly, it poses key research questions to major Chinese stakeholders to gauge their responses to the Convention, to determine whether the protection of Chinese seafarers has actually improved since the advent of the Convention, and further, to identify the continuing challenges for future improvement. The Convention will enter into force in China in November 2016, bringing with it significant changes.

Contents
1 Seafarers’ Rights in China: A Restructuring Process
1.1 Increased Seafarer Protection in China Since the MLC 2006
1.2 Original Contribution of the Book
1.3 Research Aims and Questions
1.4 Literature Review
1.5 Methodology
1.6 Structure of the Book
References
2 The Development of Maritime Legislation in China Under the Impact of MLC 2006
2.1 Introduction
2.2 Background
2.2.1 The MLC 2006
2.2.1.1 Contents
2.2.1.2 Significance
2.2.1.3 Limitations
2.2.2 The Chinese Maritime Industry
2.2.3 The Chinese Maritime Labour Market
2.2.3.1 Evolution
2.2.3.2 ‘Revolution’
2.2.3.3 Sources of Maritime Labour
2.2.4 Chinese Seafarers’ profile
2.2.4.1 Chinese Seafarers’ Role as Temporary Migrant Workers
2.2.4.2 Chinese Seafarers’ Role as Family Members
2.2.4.2.1 Spouse Role
2.2.4.2.2 Fathering Role
2.2.4.2.3 Filial Piety Duties
2.2.4.2.4 Difficulty in Rejoining Family Life
2.2.4.2.5 Difficulty in Rejoining Social Society on Land
2.2.4.3 Chinese Seafarers’ Social Status Changes Across Different Times
2.3 Impact of the MLC 2006 in China
2.3.1 Changes in Legislation
2.3.1.1 Maritime Legislation in China: Before and After the MLC 2006
2.3.1.1.1 Pre-MLC Maritime Legislation Adopted Before 2007
2.3.1.1.2 Post-MLC Maritime Legislation Since 2007
2.3.1.2 The Establishment of the Chinese Labour Law Framework
2.3.2 The Awareness and Attitudes of Major Stakeholders
2.4 Prospects of Ratification of MLC 2006 in China
2.5 Conclusion
References
3 The Pre-employment Conditions of Chinese Seafarers
3.1 Introduction
3.2 The Eligibility of Chinese Seafarers
3.2.1 Seafarers’ Registration in China
3.2.1.1 The Distribution of Chinese Seafarers
3.2.1.2 The Significance of Seafarers’ Registration
3.2.1.3 The Confusion Concerning Seafarer’s Identity
3.2.2 Physical Conditions of Chinese Seafarers
3.2.2.1 The International Standards on Seafarers’ Medical Fitness
3.2.2.2 The Minimum Age of Employment at Sea
3.2.2.3 The Physical Requirement for Seafarers in China
3.2.2.4 Difficulties in Obtaining Medical Certificate
3.2.2.5 Unreliability of Medical Certificates
3.2.2.6 Excessive Administrative Intervention
3.3 Professional Qualifications of Chinese Seafarers
3.3.1 International Standards of Seafarers’ Qualification
3.3.2 Seafarers’ Qualification Standards in China
3.3.3 Maritime Education and Training in China
3.4 Seafarer Recruitment Services in China
3.4.1 International Standards of Seafarers’ Recruitment
3.4.2 The Relevant Legislation on Seafarers’ Recruitment in China
3.4.3 The Industry Practice of Seafarers’ Recruitment in China
3.4.4 Employment Competition of Foreign Seafarers
3.5 The Trade Union Protection for Chinese Seafarers
3.5.1 The ACFTU and CSCU
3.5.2 The Interaction Between CSCU and ITF
3.5.3 The Weakness of the CSCU
3.6 Conclusion
References
4 The In-Employment Conditions of Chinese Seafarers
4.1 Introduction
4.2 Employment Agreement for Chinese Seafarers
4.2.1 Seamen’s Article of Agreement Convention, 1926
4.2.2 ‘The Heart’ of the MLC 2006
4.2.3 Collective Bargain Agreement (CBA)
4.2.4 Seafarers’ Employment Agreements in China
4.3 Chinese Seafarers’ Monthly Wages
4.3.1 Minimum Wages
4.3.2 Payment of Wages
4.3.2.1 Delay in Payment
4.3.2.2 Deduction
4.3.2.3 Unpaid Wages
4.3.2.4 Maritime Lien
4.4 Working and Living Conditions for Chinese Seafarers
4.4.1 Food and Catering
4.4.2 Accommodation and Recreational Facilities
4.4.3 Occupational Health and Safety
4.4.4 Rights to Leave
4.4.4.1 Shore Leave
4.4.4.2 Annual Leave
4.4.4.3 Repatriation
4.5 Shore-Based Welfare and Social Security in China
4.5.1 Shore-Based Welfare for Seafarers in China
4.5.2 Social Security for Chinese Seafarers
4.6 Conclusion
References
5 Seafarers’ Rights in China Calling for More Research
5.1 Introduction
5.2 The Main Contributions of This Research Project
5.2.1 Contribution to Literature
5.2.2 Contribution to Methodology
5.2.3 Contribution to Theories
5.3 Summary of Key Findings
5.3.1 Examination of the Unique Background of Chinese Seafarers Working on Board Merchant Ships Trading Internationally
5.3.2 Responses of Major Stakeholders to the MLC 2006
5.3.3 Examination of Improvements in Seafarer Protection in China and Identification of Existing Gaps
5.3.4 Identification of Challenges for Future Improvement
5.3.5 Major Proposals for Future Improvement
5.4 Strengths and Limitations of This Research
5.5 Suggestions for Future Studies
References
Appendices
Appendix A: Indicative Questions for Interviews
Appendix B: Questionnaire A
Appendix C: Questionnaire B