船员因其水上工作环境以及工作的跨国性、工作的周期性等特殊性,因而被视为劳动者中的特殊群体。鉴于船员相关法律规定横跨劳动法、海商法、民法等部门法的特点,由此而引发的船员劳动报酬索赔之尴尬、海员外派与劳务派遣的理论困惑、船员的年休假与职工的年休假、船员劳务纠纷案件管辖权混乱等法学理论与实务问题,饱受理论界及司法界争议。结合国际、中国以及美国、菲律宾等国立法及实务现状,提出对非由于船员过错未签订劳动合同用人单位要支付双倍工资、海员外派与劳务派遣不相等同但存在交叉重合之处、船员年休假应适用《职工带薪年休假条例》、建立与《2006年海事劳工公约》相对应的船员诉求解决机制等观点。 Crew members are regarded as a special group of workers because of their particular maritime work environment, transnationality of work, periodicity of work and so on. In view of the relevant laws and regulations of the crew across the characteristics of the labor law, maritime law, civil law and other departmental laws, resulting in embarrassment of the crew claim for labor compensation, the theoretical confusion of seafarers dispatched and labor dispatch, the annual leave of crew and the employees’ years Vacations, crew disputes and other jurisdictions in the service of legal issues such as legal theory and practice, subject to controversy in the theory and the judiciary. Combined with the current situation of international law, China, the United States, the Philippines and other countries, it proposes that non-signatory labor contracts should pay double wages to non-crew members due to mistakes made by seafarers. Seafarers’ assignments are not the same as labor dispatch, The annual leave should apply the “Regulations on Paid Annual Leave for Employees” and establish a crew solvency mechanism corresponding to the “2006 Maritime Labor Convention.”