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随着改革开放的深入发展,我国在引进人才的同时,也积极地通过各种渠道进行劳务输出。船员外派即是劳务输出的一种。我国外派船员一般是通过两种方式完成,一种是通过船员外派服务机构与船员签订的外派船员雇佣合同;另一种是通过船员管理公司将与自己有劳动关系的船员派到国外船舶工作。我国船员外派雇佣协议,无论船员是通过外派服务机构与外国雇主所签的,还是船员管理公司直接派到外国所有人的轮船上工作,都构成与外国雇主的劳动雇佣关系,外派船员应当享受到按照国际私法适用原则的相关国家的劳动法的保护。
With the further development of reform and opening up, while introducing talents, our country also proactively exports its labor services through various channels. Crew assignment is a kind of labor export. Our country's crew members are generally completed through two methods, one is through the crew assignment service agencies and crew signed the crew contract employment; the other is through the crew management company will have their own labor relations crew sent abroad Ship work. The employment contract for the dispatch of crew members in our country, regardless of whether the crew member has signed a contract with a foreign employer through a dispatch service agency or a crew member directly assigned to a vessel owned by a foreign owner, constitutes a labor-employment relationship with a foreign employer. The protection of labor laws in the countries concerned should be enjoyed in accordance with the principle of the application of private international law.