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船员受雇在船上进行作业是一种从事船主授权或者指示范围内的生产经营活动,属雇佣关系的一种,其不同于劳动关系,亦非一般的非生产经营性的劳务关系,当船员在作业过程中受伤,船东应按最高人民法院《关于审理人身损害赔偿案件适用法律若干问题的解释》第11条的规定承担赔偿责任。
A crew member employed on a ship for carrying out operations is a type of employment and employment that is authorized by or within the scope authorized by the owner of the ship and is a type of employment relationship that is different from a labor relationship and also a non-productive and non-operating service relationship. During the operation, the shipowner shall be liable for compensation according to Article 11 of the Supreme People’s Court’s “Interpretation on Several Issues concerning the Application of Law in the Trial of Personal Injury Compensation Cases”.