Regulations on the Authorization and Management of Overseas Employment of Foreign Crew Members Article 5

Any distant water fisheries operator that employs a foreign crew member overseas shall, before signing a bilingual employment contract with such crew member, inform the crew of the matters that shall be included in the employment contract as stipulated in Article 6. Each foreign crew member shall be provided with one copy of the contract.For any distant water fisheries operator that commissions a recruitment agent to employ foreign crew member(s) overseas, a commission contract shall be signed between the operator and agent, and the agent shall sign an employment contract on behalf of the operator with foreign crew member(s) employed.Any recruitment agent commissioned to conduct the matter as referred to in the preceding paragraph shall, before signing a bilingual service contract with crew member(s), inform the crew of the matters that shall be included in the employment and service contracts as stipulated in Article 6 and 13. Each foreign crew member shall be provided with one copy of both the employment and service contracts.For a recruitment agent that recruits foreign crew member(s) through any foreign recruitment agent, the cooperating foreign recruitment agent shall meet the following conditions; however, this requirement shall not apply where a fishing vessel employing foreign crew member(s) has been approved by the competent authority to engage in fisheries cooperation with an foreign country:1. The foreign agent has been authorized to conduct recruitment business by the government of the crew member’s home country.2. The foreign agent has not been subject to any disposition by the government of the crew member’s home country to revoke or suspend its authorization to conduct employment service activities in that country.3. The foreign agent has not violated any local labor law or regulations in the recent two years. Relevant supporting document(s) and Chinese translation(s) thereof shall be submitted.A cooperation contract shall be signed between a recruitment agent and its cooperating foreign agent, and such recruitment agent shall still sign a service contract with foreign crew member(s) recruited and fulfill the obligation to inform as referred to in paragraph 3.When fulfilling the obligation to inform in accordance with paragraph 1, 3, and the preceding paragraph, distant water fisheries operators and recruitment agents shall make visual and audio recordings throughout the entire process and keep the recordings for at least three years. This provision also applies when the contract with any foreign crew member is modified or renewed.