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海员社会保障公约 CONVENTION No.70 Convention concerning Social Security for Sea-farers

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第70号公约
颁布日期:19460628 颁布单位:西雅图

  [This Convention had not come into force by 1 September 1965.]

  The General Conference of the International Labour Organization,

  Having been convened at Seattle by the Governing Body of theInternational Labour Office, and having met in its twenty-eighth Sessionon 6 June 1946, and

  Having decided upon the adoption of certain proposals with regard tosocial security for seafarers, which is the second item on the agenda ofthe Session, and

  Having determined that these proposals shall take the form of aninternational Convention, adopts this twenty-eighth day of June of theyear one thousand nine hundred and forty-six the following Convention,which may be cited as the Social Security (Seafarers) Convention, 1946:

  Article 1

  1. In this Convention

  (a) the term “seafarer” includes every person employed on board orin the service of any sea-going vessel, other than a ship of war, which isregistered in a territory for which this Convention is in force;

  (b) the term “dependant” shall have the meaning assigned to it bynational laws or regulations; and

  (c) the term “repatriation” means transportation to a port towhich a seafarer is entitled to be returned in accordance with nationallaws or regulations.

  2. Any Member may in its national laws or regulations make suchexceptions as it deems necessary in respect of——

  (a) persons employed on board or in the service of

  (i) vessels of public authorities when such vessels are notengaged in trade;

  (ii) coastwise fishing boats;

  (iii) boats of less than twenty-five tons gross registertonnage;

  (iv) wooden ships of primitive build such as dhows and junks;and

  (v) in so far as ships registered in India are concerned andfor a period not exceeding five years from the date of registration of theratification of this Convention by India, home trade vessels of a grossregister tonnage not exceeding 300 tons;

  (b) members of the shipowner's family;

  (c) pilots not members of the crew;

  (d) persons employed on board or in the service of the ship by anemployer other than the shipowner, except radio officers or operators andcatering staff;

  (e) persons employed in port who are not ordinarily employed atsea;

  (f) salaried employees in the service of a national publicauthority who are entitled to benefits at least equivalent on the whole tothose provided for in this Convention;

  (g) persons not remunerated for their services or remunerated onlyby a nominal salary or wage;

  (h) persons working exclusively on their own account.

  3. Where any benefit provided for in this Convention is furnishedotherwise than in virtue of national laws or regulations relating to theliability of the shipowner in respect of sickness, injury or death ofseafarers, such further exceptions as are deemed necessary may be made innational laws, regulations or collective agreements in respect of theright to such benefit and any obligation to contribute of

  (a) persons remunerated exclusively by a share of profits;

  (b) persons employed on board or in the service of fishing vesselsfor whom an exception is not already permitted under paragraph 2 (a) (ii)of this Article or on board or in the service of vessels engaged inhunting seals;

  (c) persons employed on board or in the service of whale-catching,floating factory or transport vessels or otherwise for the purpose ofwhaling or similar operations under conditions regulated by the provisionsof a special collective whaling or similar agreement determining the ratesof pay, hours of work and other conditions of service concluded by anorganization of seafarers concerned;

  (d) persons employed on board or in the service of vessels whichare not engaged in the transport of cargo or passengers for the purposedof trade; and

  (e) persons employed on board or in the service of vessels of lessthan 200 gross register tons.

  Article 2

  1. Seafarers and their dependants who are resident and present in theterritory of a Member shall be entitled in virtue of the seafarer'semployment on board or in the service of vessels registered in theterritory of that Member to the following benefits:

  (a) seafarers shall be entitled to medical benefit not lessfavourable in respect of conditions of award, extent and duration thanthat to which industrial workers are entitled; in so far as industrialworkers are not entitled to medical benefit, seafarers shall be entitledto proper and sufficient medical care;

  (b) seafarers shall be entitled in respect of incapacity for work(whether due to employment injury or not) and in respect of unemploymentand old age to cash benefits not less favourable in respect of conditionsof award, amount and duration than those to which industrial workers areentitled; in so far as industrial workers are not entitled to cashbenefits in respect of incapacity for work (whether due to employmentinjury or not) seafarers shall be entitled to such benefits at ratescommensurate, having regard to the standard of living in the territory,with their needs and those of their dependants;

  (c) the dependants of a seafarer shall be entitled to medicalbenefit not less favourable in respect of conditions of award, extent andduration than that to which the dependants of industrial workers areentitled;

  (d) on the death of a seafarer his dependants shall be entitled tocash benefits not less favourable in respect of conditions of award,amount and duration than those to which the dependants of industrialworkers are entitled; in so far as the dependants of industrial workersare not entitled to cash benefits in the event of the death of the worker,the dependants of seafarers shall be entitled to such benefits at a ratecommensurate, having regard to the standard of living in the territory,with their needs.

  2. Where medical or cash benefits for seafarers and their dependantsare provided under any special scheme, such special provisions (other thanthose resulting from shipowners' liability) shall be appropriatelyco-ordinated or integrated with any scheme which applies to industrialworkers and their dependants and provides corresponding benefits not lessfavourable in respect of conditions of award, extent or amount, andduration.

  Article 3

  1. A seafarer resident in the territory in which the vessel isregistered who is left behind in another territory by reason of injury inthe service of the ship or sickness not due to his own wilful act shall beentitled to

  (a) proper and sufficient medical care until he is cured orrepatriated, whichever first occurs;

  (b) board and lodging until he is able to obtain suitableemployment or is repatriated, whichever first occurs; and

  (c) repatriation.

  2. Such a seafarer shall also be entitled to an allowance equal to 100per cent. of his wages (exclusive of bonuses) until he is able to obtainsuitable employment, or until he is repatriated, or until the expiry of aperiod of a length prescribed by national laws or regulations or bycollective agreement, which period shall not be less than twelve weeks,whichever event first occurs. If the prescribed period expires before theseafarer is able to obtain suitable employment or is repatriated, he orhis dependants shall be entitled to any benefit under a scheme ofcompulsory social insurance or workmen's compensation which would bepayable if the seafarer were present in the territory of registration. Anybenefit payable to the seafarer or his dependants under such a schemeprior to the expiry of the prescribed period may be deducted from theallowance.

  Article 4

  Arrangements for the maintenance of rights in course of acquisition bya person who, having ceased to be subject to a scheme of compulsorysocial insurance for seafarers, becomes subject to such a scheme forshoreworkers, or, having ceased to be subject to such a scheme forshoreworkers, becomes subject to such a scheme for seafarers, shall bemade between the schemes concerned.

  Article 5

  National laws and regulations relating to the liability of theshipowner in respect of sickness, injury or death of seafarers,compulsory insurance against employment injury or workmen's compensation,compulsory sickness insurance and compulsory unemployment insurance shallensure equality of treatment to seafarers and their dependantsirrespective of nationality or race.

  Article 6

  1. National laws and regulations relating to the liability of theshipowner in respect of sickness, injury or death of seafarers shallensure equality of treatment to seafarers and their dependants whether ornot they reside in the territory in which the vessel is registered.

  2. Where the laws or regulations of a Member relating to the liabilityof shipowners do not entitle seafarers resident outside its territory tothe benefits prescribed in paragraph 1 of Article 3, the Member shallprovide these benefits by other laws or regulations.

  Article 7

  1. The laws and regulations of a Member relating to medical and cashbenefits in case of employment injury shall not impose on seafarers ortheir dependants resident in the territory of any other Member for whichthis Convention is in effective operation any condition or limitationwhich does not apply equally to seafarers and their dependants resident inthe territory of the first Member.

  2. Provided that no such benefits and no contributions towards thecost of such benefits shall be payable under the scheme in force in theterritory of the first Member if they are payable in respect of suchseafarers under any scheme in force in the territory of the second Member.

  Article 8

  In order to facilitate continuity of insurance and to eliminate doublecontributions and double benefits, Members may enter into agreementsproviding that nationals or residents of one Member employed on board orin the service of a vessel registered in the territory of another Membershall be subject to an insurance or compensation scheme of the firstMember and therefore excluded from the corresponding scheme of the secondMember.

  Article 9

  Nothing in this Convention shall affect any law, award, custom oragreement between shipowners and seafarers which ensures to the seafarersconditions more favourable than those provided for by this Convention.

  Article 10

  1. Effect may be given to paragraph 2 of Article 3 of this Conventionby (a) laws or regulations; (b) collective agreements between recognisedassociations of shipowners or shipowners and recognised associations ofseafarers which cover all seafarers to whom the said paragraph applies; or(c) a combination of laws or regulations and collective agreements betweenrecognised associations of shipowners or shipowners and recognisedassociations of seafarers which cover all seafarers to whom the saidparagraph applies. Except as may be otherwise provided herein, theprovisions of this Convention shall be made applicable to every vesselregistered in the territory of the ratifying Member and to every personengaged on any such vessel.

  2. Each Member ratifying this Convention shall supply to theDirector-General of the International Labour Office information on themeasures by which the Convention is applied, including particulars of anycollective agreements which give effect to any of its provisions and arein force at the date when the Member ratifies the Convention.

  3. Each Member ratifying the Convention undertakes to take part, bymeans of a tripartite delegation, in any committee representative ofGovernments and shipowners' and seafarers' organizations, and including inan advisory capacity representatives of the Joint Maritime Commission ofthe International Labour Office, which may be set up for the purpose ofexamining the measures taken to give effect to the Convention.

  4. The Director-General will lay before the said Committee a summaryof the information received by him under paragraph 2 above.

  5. The Committee shall consider whether the collective agreementsreported to it give effect to the provisions of the Convention. EachMember ratifying the Convention undertakes to give consideration to anyobservations or suggestions concerning the application of the Conventionmade by the Committee and further undertakes to bring to the notice of theorganizations of employers and of workers who are parties to any of thecollective agreements mentioned in paragraph 1 any observations orsuggestions of the aforesaid Committee concerning the degree to which suchagreements give effect to the provisions of the Convention.

  Article 11

  The formal ratifications of this Convention shall be communicated tothe Director-General of the International Labour Office for registration.

  Article 12

  1. This Convention shall be binding only upon those Members of theInternational Labour Organization whose ratifications have been registeredwith the Director-General.

  2. It shall come into force six months after the date on which therehave been registered ratifications by seven of the following countries:United States of America, Argentine Republic, Australia, Belgium, Brazil,Canada, Chile, China, Denmark, Finland, France, United Kingdom of GreatBritain and Northern Ireland, Greece, India, Ireland, Italy, Netherlands,Norway, Poland, Portugal, Sweden, Turkey and Yugoslavia, including atleast four countries each of which has at least one million gross registertons of shipping. This provision is included for the purpose offacilitating and encouraging early ratification of the Convention byMember States.

  3. Thereafter, this Convention shall come into force for any Membersix months after the date on which its ratification has been registered.

  Article 13

  1. A Member which has ratified this Convention may denounce it afterthe expiration of ten years from the date on which the Convention comesinto force, by an act communicated to the Director-General of theInternational Labour Office for registration. Such denunciation shall nottake effect until one year after the date on which it is registered.

  2. Each Member which has ratified this Convention and which does not,within the year following the expiration of the period of ten yearsmentioned in the preceding paragraph, exercise the right of denunciationprovided for in this Article, will be bound for another period of tenyears and, thereafter, may denounce this Convention at the expiration ofeach period of ten years under the terms provided for in this Article.

  Article 14

  1. The Director-General of the International Labour Office shallnotify all the Members of the International Labour Organization of theregistration of all ratifications and denunciations communicated to him bythe Members of the Organization.

  2. When notifying the Members of the Organization of the registrationof the last of the ratifications required to bring the Convention intoforce, the Director-General shall draw the attention of the Members of theOrganization to the date upon which the Convention will come into force.

  Article 15

  The Director-General of the International Labour Office shallcommunicate to the Secretary-General of the United Nations forregistration in accordance with Article 102 of the Charter of the UnitedNations full particulars of all ratifications and acts of denunciationregistered by him in accordance with the provisions of the precedingArticles.

  Article 16

  At such times as it may consider necessary the Governing Body of theInternational Labour Office shall present to the General Conference areport on the working of this Convention and shall examine thedesirability of placing on the agenda of the Conference the question ofits revision in whole or in part.

  Article 17

  1. Should the Conference adopt a new Convention revising thisConvention in whole or in part, then, unless the new Convention otherwiseprovides,

  (a) the ratification by a Member of the new revising Conventionshall ipso jure involve the immediate denunciation of this Convention,notwithstanding the provisions of Article 13 above, if and when the newrevising Convention shall have come into force;

  (b) as from the date when the new revising Convention comes intoforce, this Convention shall cease to be open to ratification by theMembers.

  2. This Convention shall in any case remain in force in its actualform and content for those Members which have ratified it but have notratified the revising Convention.

  Article 18

  The English and French versions of the text of this Convention areequally authoritative.

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