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根据劳动法、《船员条例》及其附属规定,剖析船舶配员与船员外派业务中复杂多样的劳动关系:由于船员服务机构的介入,船员既可能与船东形成传统的仅涉及两方当事人的船员劳动关系,也可能与船员服务机构、船东形成含有三方当事人的船员劳务派遣关系,还可能与不同的用人单位形成双(多)重劳动关系。同时,对现行船舶配员与船员外派规则提出修改建议,并对涉外船员劳动关系的法律适用进行探讨。
According to the Labor Law, the Seafarers’ Ordinance and its subsidiary regulations, the complicated and diversified labor relations in the manning and crew assignments of ships are analyzed: as crew service agencies are involved, the crew members may form a traditional relationship with shipowners involving only the two parties Crew relationship with the seafarer service agencies and shipowners may also form a labor dispatch relationship with crew members that contain tripartite parties and may also form a double (multiple) heavy labor relationship with different employers. At the same time, some suggestions on how to amend the rules of the current manning and crew assignment of ships should be put forward, and the legal application of the labor relations of foreign crew members should be discussed.