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中国现阶段,船员被恶意拖薪或扣薪现象仍十分严重,导致与船员工资有关的纠纷大量存在。船员与船公司或渔船主在劳动仲裁或法律诉讼中,对是否拖欠工资、拖欠工资期间以及工资数额等证据的提交,船员多处于劣势地位,裁判机构多因证据不足而拒绝对船员工资纠纷进行受理或裁决。在船员薪金支付保障领域,通过事前风险防范机制,探究强制责任保险制度植入船员薪金支付保障机制中的可行性,解消船员工资保证金制度在公法层面上的运行阻力。通过船员工资强制责任保险的构建,运用风险分摊的制度优势,对船员与用人单位之间工资风险和权责进行重新考量,最大限度地维护劳资双方利益平衡,扭转该领域的混乱局面。
At the present stage in China, the phenomenon of cruel wages or salary deductions of crew members is still very serious, resulting in the large number of disputes concerning crew wages. In the labor arbitration or lawsuit, the crew and the shipping company or the owner of the fishing vessel submitted the evidence of whether or not they were in arrears in payment of wages, the period of default in wages and the amount of wages, etc., the crew members were at a disadvantage and the referee refused to carry out wage disputes with crew members due to insufficient evidence Accept or adjudicate In the area of crew salaries payment protection, the feasibility of imposing liability liability insurance system into the crew salaries payment security mechanism was explored through ex ante risk prevention mechanism, and the operation resistance of the crew salary guarantee system at the level of public law was canceled. Through the compilation of compulsory liability insurance for crew wages and using the institutional advantages of risk apportionment, the Bank reevaluates the wage risks and rights and responsibilities between seafarers and employers to maximize the balance of interests between employers and employees and to reverse the chaos in this area.