الحماية القانونية للعمال البحارة في ضوء التشريع الأردني ومعايير العمل الدولية

Omar Ahmad  Al-Araishy

doi:10.35516/law.v52i4.9759

Authors

Omar Ahmad Al-Araishy Department of Comparative Law, Faculty of Sheikh Noah El-Qudha for Sharia and Law, The World Islamic Science & Education University, Amman, Jordan https://orcid.org/0009-0009-9314-0283

DOI:

https://doi.org/10.35516/law.v52i4.9759

Keywords:

Maritime Worker, Ships, Maritime Worker Rights, Labor Law

Abstract

Objectives: This study aims to clarify the concept of a maritime worker, the meaning of a maritime employment contract and its legal nature, highlight the key rights enjoyed by maritime workers and the mechanisms that contribute to protecting their rights, and evaluate the effectiveness of Jordanian legislation in enhancing the rights of maritime workers and providing a suitable working environment for them, as well as its alignment with international labor standards.

Methods: In this study, the researcher followed a descriptive and analytical approach. The descriptive approach involves outlining the legal provisions governing the maritime worker and the maritime employment contract, while the analytical approach focuses on analyzing the legal texts in the Maritime Trade Law and the Labor Law, drawing on legal scholarship and judicial rulings, and comparing them with international labor standards set by the International Labour Organization.

Results: The study found several conclusions, including that the maritime employment contract is subject to the provisions of the Labor Law in cases not covered by the Maritime Trade Law. Additionally, the regulation of the maritime employment contract by the Jordanian legislator has created legal issues, including the failure to include the basic elements of a maritime employment contract in the definition of a maritime worker.

Conclusions: It is necessary to review the legislation governing the work of maritime workers to align it with international labor standards, especially the Maritime Labour Convention, and with the current Labor Law to keep pace with developments in the maritime transport sector.

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References

Al-Ahwani, H. (2020). Explanation of Labor Law (Individual Labor Relations). Book One. (4th ed.). Egypt: Dar Al-Nahda Al-Arabiya.

Al-Daoudi, G. (2015). Explanation of Labor Law. (2nd ed.). Jordan: Dar Al-Thaqafa for Publishing and Distribution.

Al-Dhunaibat, A. (2020). Flexible Home-based Work Contracts (Concept and Issues): A Study in Jordanian Law in Comparison with ILO Conventions. Jordanian Journal of Law and Political Science, 12(4), 13-54.

Al-Maghribi, J. (2024). Explanation of the Provisions of Labor Law. (6th ed.). Jordan: Dar Al-Thaqafa for Publishing and Distribution.

Al-Otair, A. (2014). The Intermediate in Explaining the Maritime Commercial Law: A Comparative Study. (5th ed.). Jordan: Dar Al-Thaqafa for Publishing and Distribution.

Atwan, R. (2017). The Legal Status of the Seafarer: A Comparative Study. Journal of Law for Legal Studies and Research, 15, 261-367.

Bin Saber, A. (2001). The Establishment of Individual Employment Relationships in Algerian and Comparative Legislation. (1st ed.). Jordan: Dar Al-Hamed for Publishing and Distribution.

Lu, C.-S., Weng, H.-K., & Lee, C.-W. (2017). Leader-member exchange, safety climate, and employees’ safety organizational citizenship behaviors in container terminal operators. Maritime Business Review, 2(4), 331–348. https://doi.org/10.1108/MABR-11-2017-0028

Civil Law No. (43) of 1976.

Court Rulings, Qistas Publications.

Dube, B. (2021). Legal Guarantees and Health Protection for Seafarers on Board Ships in Light of the 2006 Maritime Labor Convention. Journal of Labor Law and Employment, 6(1), 71-89.

Ibrahim, M. (1991). Explanation of the New Maritime Commercial Law. Egypt: Dar Gharib for Printing and Publishing.

Jassim, M. (2019). The Legal Status of the Seafarer: A Comparative Study. [Master’s Thesis, University of Basra]. Iraq.

Labor Law No. (8) of 1996 and its Amendments.

Law of Magistrate Courts No. (23) of 2017.

Lucas, D., Corman, V., Jensen, O. C., Denisenko, I., Lucero-Prisno, D. E., & Canals, M. L. (2022). Maritime workers and their global health: Need to improve scientific knowledge and prevention. Journal of Global Health, 12, 1–4. https://doi.org/10.7189/jogh.12.03031

Maritime Commercial Law No. (12) of 1972 and its Amendments.

Maritime Labor Convention of 2006, issued by the International Labor Organization, Geneva, 2006.

Merchant Shipping Act 1995. UK.

Nayel, A. (2014). The Intermediate in Explaining the Labor and Social Insurance Systems in Saudi Arabia. Book One. (2nd ed.). Saudi Arabia: Al-Rushd Library.

Oldenburg, M., Baur, X., & Schlaich, C. (2010). Occupational risks and challenges of seafaring. Journal of Occupational Health, 52(5), 249–256. https://doi.org/10.1539/joh.K10004

Rumeish, S. (2021). The Legal Regulation of Seafarers’ Work on Board Ships: A Comparative Study in Light of the 2006 Maritime Labor Convention. Journal of Law, 41, 283-304.

Social Security Law No. (1) of 2014 and its Amendments.

Varotsi, I & Pentsov, D . (2008). Maritime Work Law Fundamentals: Responsible Shipowners, Reliable Seafarers. Springer.

www.ilo.org

www.imo.org

Zohour, F. (2013). The Maritime Employment Contract. [Master’s Thesis, University of Algiers]. Algeria.