CHINA Law and Practice Contributed by: John Wang, Xu Jun, Song Jia and Zhao Yuxuan, Wang Jing & Co
Several Issues Concerning Trial of Cases Involv - ing Seaman-Related Disputes, which mainly focused on the following aspects. • First, the provisions provide guidelines on identifying the nature of and resolving dis - putes about the various seafarer-related contracts – ie, employment contracts, service contracts and brokerage contracts (Articles 1 to 5). This part highlights that if a seafarer- related claim is irrelevant to a maritime lien, the claim shall first be referred to a labour dispute arbitration commission for arbitration according to the Labour Dispute Mediation and Arbitration Law. For other disputes over a labour service contract between a sea - farer and a vessel owner, the claim shall be brought to a competent Maritime Court. • Second, the provisions provide guidelines on the recognition, enforcement and assignment of maritime liens (Articles 6 to 10). This part highlights that a seafarer has the right to seek judicial recognition of their entitlement to a maritime lien independently of requesting a ship arrest; when a vessel owner fails to pay wages, other labour remuneration, seafarer- repatriation expenses, or social insurance expenses arising from embarkation, employ - ment on a vessel, or disembarkation and repatriation of a seafarer as agreed; and when the seafarer assigns their corresponding mari - time claim to a third party that advances all or part of the money. • Third, the provisions provide guidance on the components and calculation of a seafarer’s wages and other remunerations, specifying legal protection for seafarers’ entitlement to salaries in the case of them conducting illegal activities under fraud or duress (Articles 11 to 14).
Other issues covered are outlined below: • When a seafarer sustains damage because of labour service, if the seafarer is found to be at fault, they shall assume the corresponding liability (Article 15). • A third party who is liable for a work-related injury substantiated by a seafarer cannot seek exemption of its civil liability on the ground that the seafarer has obtained relevant insur- ance benefits (Article 16). • The provisions stipulate which laws are appli - cable to foreign-related disputes (Article 17).
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