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海员社会保障公约(1987年修正本)

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海员社会保障公约(1987年修正本)
CONVENTION No. 165 Convention concerning Social Security for Sea-farers (Revised 1987)

第165号公约
颁布日期:19871009  颁布单位:日内瓦

  The General Conference of the International Labour Organization,

  Having been convened at Geneva by the Governing Body of theInternational Labour Office, and having met in its Seventy-fourth Sessionon 24 September 1987, and

  Having decided upon the adoption of certain proposals with regard tothe social security protection for seafarers including those serving inships flying flags other than those of their own country, which is thethird item on the agenda of the session, and

  Having determined that these proposals shall take the form of aninternational Convention revising the Sickness Insurance (Sea) Convention,1936, and the Social Security (Seafarers) Convention, 1946, adopts thisninth day of October of the year one thousand nine hundred andeighty-seven the following Convention, which may be cited as the SocialSecurity (Seafarers) Convention (Revised), 1987.

  PART I. GENERAL PROVISIONSArticle 1

  In this Convention

  (a) the term “Member” means any member of the International LabourOrganization that is bound by the Convention;

  (b) the term “legislation” includes any social security rules aswell as laws and regulations;

  (c) the term “seafarers” means persons employed in any capacity onboard a seagoing ship which is engaged in the transport of cargo orpassengers for the purpose of trade, is utilised for any other commercialpurpose or is a seagoing tug, with the exception of persons employed on

  (i) small vessels including those primarily propelled by sail,whether or not they are fitted with auxiliary engines;

  (ii) vessels such as oil rigs and drilling platforms when notengaged in navigation; the decision as to which vessels and installationsare covered by clauses (i) and (ii) being taken by the competentauthority of each Member in consolation with the most representativeorganizations of shipowners and seafarers;

  (d) the term “dependant” has the meaning assigned to it bynational legislation;

  (e) the term “survivors” means persons defined or recognised assuch by the legislation under which the benefits are awarded; wherepersons are defined or recognised as survivors under the relevantlegislation only on the condition that they were living with the deceased,this condition shall be deemed to be satisfied in respect of persons whoobtained their main support from the deceased;

  (f) the term “competent Member” means the Member under whoselegislation the person concerned can claim benefit;

  (g) the term “residence” and “resident” refer to ordinaryresidence;

  (h) the term “temporarily resident” refers to a temporary stay;

  (i) the term “repatriation” means transportation to a place towhich seafarer are entitled to be returned under laws and regulations orcollective agreements applicable to them;

  (j) the term “non-contributory” applies to benefits the award ofwhich does not depend on direct financial participation by the personsprotected or by their employer, or on a qualifying period of occupationalactivity;

  (k) the term “refugee” has the meaning assigned to it in Article 1of the Convention relating to the Status of Refugees of 28 July 1951 andin paragraph 2 of Article 1 of the Protocol relating to the Status ofRefugees of 31 January 1967;

  (l) the term “stateless person” has the meaning assigned to it inArticle of the Convention relating to the Status of Stateless Persons of28 September 1954.Article 2

  1. the Convention applies to all seafarers and, where applicable,their dependants and their survivors.

  2. To the extent it deems practicable, after consultation with therepresentative organizations of fishing vessel owners and fishermen, thecompetent authority shall apply the provisions of this Convention tocommercial maritime fishing.Article 3

  Members are bound to comply with the provisions of Article 9 orArticle 11 in respect of at least three of the following branches ofsocial security:

  (a) medical care;

  (b) sickness benefit;

  (c) unemployment benefit;

  (d) old-age benefit;

  (e) employment injury benefit;

  (f) family benefit;

  (g) maternity benefit;

  (h) invalidity benefit;

  (i) survivors' benefit;

  including at least one of the branches specified in subparagraphs(c), (d), (e), (h) and (i)。Article 4

  Each Member shall specify at the time of its ratification in respectof which of the branches mentioned in Article 3 it accepts the obligationsof Article 9 or Article 11, and shall indicate separately in respect ofeach of the branches specified whether it undertakes to apply the minimumstandards of Article 9 or the superior standards of Article 11 to thatbranch.Article 5

  Each Member may subsequently notify the Director-General of theInternational Labour Office that it accepts, with effect from the date ofthe notification, the obligations of this Convention in respect of one ormore of the branches mentioned in Article 3 not already specified at thetime of its ratification, indicating separately in respect of each ofthese branches whether it undertakes to apply to that branch the minimumstandards of Article 9 or the superior standards of Article 11.Article 6

  A Member may by a notification to the Director-General of theInternational Labour Office, which shall take effect as from the date ofthe notification, subsequently replace the application of the provisionsof Article 9 by that of the provisions of Article 11 in respect of anybranch accepted.

  PART II. PROTECTION PROVIDED

  GENERAL STANDARDSArticle 7

  The legislation of each Member shall provide for seafarers to whom thelegislation of that Member is applicable social security protection notless favourable than that enjoyed by shoreworkers in respect of each ofthe branches of social security mentioned in Article 3 for which it haslegislation in force.Article 8

  Arrangements for the maintenance of rights in course of acquisition bya person who, having ceased to be subject to a Member's scheme ofcompulsory social security for seafarers, becomes subject to anequivalent scheme of that Member for shoreworkers, or vice versa, shall bemade between the schemes concerned.

  MINIMUM STANDARDSArticle 9

  When a Member has undertaken to apply the provisions of this Articleto any branch of social security, seafarers and, where applicable, theirdependants and survivors who are protected by the legislation of thatMember shall be entitled to social security benefits not less favourablein respect of contingencies covered, conditions of award, level andduration than those specified in the following provisions of the SocialSecurity (Minimum Standards) Convention, 1952, for the branch inquestion:

  (a) for medical care in Articles 8, 10 (paragraphs 1, 2 and 3), 11and 12 (paragraph 1);

  (b) for sickness benefit in Articles 14, 16 (in conjunction withArticle 65 or 66 or 67), 17 and 18 (paragraph 1);

  (c) for unemployment benefit in Articles 20, 22 (in conjunctionwith Article 65 or 66 or 67), 23 and 24;

  (d) for old-age benefit in Articles 26, 28 (in conjunction withArticle 65 or 66 or 67), 29 and 30;

  (e) for employment injury benefit in Articles 32, 34 (paragraphs1, 2 and 4), 35, 36 (in conjunction with Article 65 or 66) and 38;

  (f) for family benefit in Articles 40, 42, 43, 44 (in conjunctionwith Article 66, where applicable) and 45;

  (g) for maternity benefit in Articles 47, 49 (paragraphs 1, 2 and3), 50 (in conjunction with Article 65 or 66), 51 and 52;

  (h) for invalidity benefit in Articles 54, 56 (in conjunction withArticle 65 or 66 or 67), 57 and 58;

  (i) for survivors' benefit in Articles 60, 62 (in conjunction withArticle 65 or 66 or 67), 63 and 64.Article 10

  For the purpose of compliance with the provisions of subparagraphs(a), (b), (c), (d), (g) (as regards medical care), (h) or (i) of Article9, a Member may take account of protection effected by means of insurancewhich is not made compulsory for seafarers by its legislation when thisinsurance——

  (a) is supervised by the public authorities or administered, inaccordance with prescribed standards, by joint operation of shipowners andseafarers;

  (b) covers a substantial proportion of the seafarers whoseearnings do not exceed those of a skilled employee; and

  (c) complies in conjunction with other forms of protection whereappropriate, with the relevant provisions of the Social Security (MinimumStandards) Convention, 1952.

  SUPERIOR STANDARDSArticle 11

  When a Member has undertaken to apply the provisions of this Articleto any branch of social security, seafarers and, where applicable, theirdependants and survivors who are protected by the legislation of thatMember shall be entitled to social security benefits not less favourablein respect of contingencies covered, conditions of award, level andduration than those specified

  (a) for medical care in Article 7(a), 8, 9, 13, 15, 16 and 17 ofthe Medical Care and Sickness Benefits Convention, 1969;

  (b) for sickness benefit in Articles 7(b), 18, 21 (in conjunctionwith Article 22 or 23 or 24), 25 and 26 (paragraphs 1 and 3) of theMedical Care and Sickness Benefits Convention, 1969;

  (c) for old-age benefit in Articles 15, 17 (in conjunction withArticle 26 or 27 or 28), 18, 19 and 29 (paragraph 1) of the Invalidity,Old-Age and Survivors' Benefits Convention, 1967;

  (d) for employment injury benefit in Articles 6, 9 (paragraphs 2and 3 (introductory sentence)), 10, 13 (in conjunction with Article 19 or20), 14 (in conjunction with Article 19 or 20), 15 (paragraph 1), 16, 17,18 (paragraphs 1 and 2) (in conjunction with Article 19 or 20) and 21(paragraph 1) of the Employment Injury Benefits Convention, 1964;

  (e) for maternity benefit in Articles 3 and 4 of the MaternityProtection Convention (Revised), 1952;

  (f) for invalidity benefit in Articles 8, 10 (in conjunction withArticle 26 or 27 or 28), 11, 12, 13 and 29 (paragraph 1) of theInvalidity, Old-Age and Survivors' Benefits Convention, 1967;

  (g) for survivors' benefit in Articles 21, 23 (in conjunction withArticle 26 or 27 or 28), 24, 25 and 29 (paragraph 1) of the Invalidity,Old-Age and Survivors' Benefits Convention, 1967;

  (h) for unemployment benefit and family benefit in any futureConvention laying down standards superior to those specified insubparagraphs (c) and (f) of Article 9 which the General Conference of theInternational Labour Organization has, after its coming into force,recognised as applicable for the purpose of this clause by means of aProtocol adopted in the framework of a special maritime question includedin its agenda.Article 12

  For the purpose of compliance with the provisions of subparagraphs(a), (b), (c), (e) (as regards medical care), (f), (g) or (h)(unemployment benefit) of Article 11, a Member may take account ofprotection effected by means of insurance which is not made compulsory forseafarers by its legislation when this insurance

  (a) is supervised by the public authorities or administered, inaccordance with prescribed standards, by joint operation of shipowners andseafarers;

  (b) covers a substantial proportion of seafarers whose earnings donot exceed those of a skilled employee,; and

  (c) complies, in conjunction with other forms of protection, whereappropriate, with the provisions of the Conventions referred to in theabove-mentioned clauses of Article 11.

  PART III. SHIPOWNER'S LIABILITYArticle 13

  The shipowner shall be required to provide to seafarers whosecondition requires medical care while they are on board or who are leftbehind by reason of their condition in the territory of a State other thanthe competent Member

  (a) proper and sufficient medical care until their recovery oruntil their repatriation, whichever first occurs;

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

  (c) repatriation.Article 14

  Seafarers who by reason of their condition are left behind in theterritory of a State other than the competent Member shall continue to beentitled to their full wages (exclusive of bonuses) from the time whenthey are left behind until they receive an offer of suitable employment,or until they are repatriated, or until the expiry of a period of a length(which shall not be less than 12 weeks) prescribed by the national laws orregulations of that Member or by collective agreement, whichever eventfirst occurs, The shipowner shall cease to be liable for the payment ofwages from the time such seafarers are entitled to cash benefits under thelegislation of the competent Member.Article 15

  Seafarers who by reason of their condition are repatriated or arelanded in the territory of the competent Member shall continue to beentitled to their full wages (exclusive of bonuses) from the time whenthey are repatriated or landed until their recovery, or until the expiryof a period of a length (which shall not be less than 12 weeks) prescribedby the national laws or regulations of that Member or by collectiveagreement, whichever event first occurs, Any period during which wageswere paid by virtue of Article 14 shall be deducted from such period. Theshipowner shall cease to be liable for the payment of wages from the timesuch seafarers are entitled to cash benefits under the legislation of thecompetent Member.

  PART IV. PROTECTION OF FOREIGN OR MIGRANT SEAFARERSArticle 16

  The following rules shall apply to seafarers who are or have beensubject to the legislation of one or more Members, as well as, whereapplicable, to their dependants and their survivors, in respect of anybranch of social security specified in Article 3 for which any such Memberhas legislation applicable to seafarers in force.Article 17

  With a view to avoiding conflicts of laws and the undesirableconsequences that might ensue for those concerned either through lack ofprotection or as a result of undue plurality of contributions or otherliabilities or of benefits, the legislation applicable in respect ofseafarers shall be determined by the Members concerned in accordance withthe following rules;

  (a) seafarers shall be subject to the legislation of one Memberonly;

  (b) in principle this legislation shall be

  ——the legislation of the Member whose flag the ship is flying,or

  ——the legislation of the Member in whose territory theseafarer is resident;

  (c) notwithstanding the rules set forth in the precedingsubparagraphs, Members concerned may determine, by mutual agreement, otherrules concerning the legislation applicable to seafarers, in the interestof the persons concerned.Article 18

  Seafarers who are subject to the legislation of a Member and arenationals of another Member, or are refugees or stateless persons residentin the territory of a Member, shall enjoy under that legislation equalityof treatment with the nationals of the first Member, both as regardscoverage and as regards the right to benefits. They shall enjoy equalityof treatment without any condition of residence on the territory of thefirst Member if its nationals are protected without any such condition.This requirement shall also apply, where appropriate, as regards the rightto benefit of seafarers dependants and survivors irrespective of theirnationality.Article 19

  Notwithstanding the provisions of Article 18, the award ofnon-contributory benefits may be made conditional on the beneficiaryhaving resided in the territory of the competent Member or, in the case ofsurvivors' benefit, on the deceased having resided there for a periodwhich may not be set at more than——

  (a) six months immediately preceding the lodging of the claim, forunemployment benefit and maternity benefit;

  (b) five consecutive years immediately preceding the lodging ofthe claim, for invalidity benefit, or immediately preceding the death, forsurvivors' benefit;

  (c) ten years between the age of 18 and the personable age, ofwhich it may be required that five years shall immediately precede thelodging of the claim, for old-age benefit.Article 20

  The laws and regulations of each Member relating to shipowners'liability provided for in Articles 13 to 15 shall ensure equality oftreatment to seafarers irrespective of their place of residence.Article 21

  Each Member shall endeavour to participate with every other Memberconcerned in schemes for the maintenance of rights in course ofacquisition, as regards each branch of social security specified inArticle 3, for which each of these Members has legislation in force, forthe benefit of persons who have been subject successively or alternately,in the capacity of seafarers, to the legislation of the said Members.Article 22

  The schemes for the maintenance of rights in course of acquisitionreferred to in Article 21 shall provide for the adding together, to theextent necessary, of periods of insurance, employment or residence as thecase may be, completed under the legislation of the Members concerned forthe purposes of acquisition, maintenance or recovery of rights and, as thecase may be, calculation of benefits.Article 23

  The schemes for the maintenance of rights in course of acquisitionreferred to in Article 21 shall determine the formula for awardinginvalidity, old-age and survivors' benefits, as well as the apportionment,where appropriate, of the costs involved.Article 24

  Each Member shall guarantee the provision of invalidity, old-age andsurvivors' cash benefits, pensions in respect of employment injuries anddeath grants, to which a right is acquired under its legislation, tobeneficiaries who are nationals of a Member or refugees or statelesspersons, irrespective of their place of residence, subject to measures forthis purpose being taken, where necessary, by agreement between theMembers or with the States concerned.Article 25

  Notwithstanding the provisions of Article 24, in the case ofnon-contributory benefits the Members concerned shall determine by mutualagreement the conditions under which the provision of these benefits shallbe guaranteed to beneficiaries resident outside the territory of thecompetent Member.Article 26

  A Member having accepted the obligations of the Equality of Treatment(Social Security) Convention, 1962, for one or more of the branches ofsocial security referred to in Article 24, but not those of theMaintenance of Social Security Rights Convention, 1982, may, in respect ofeach branch for which it has accepted the obligations of thefirst-mentioned Convention, derogate from the provisions of Article 24and apply in its place the provisions of Article 5 of that Convention.Article 27

  Members concerned shall endeavour to participate in schemes for themaintenance of rights acquired under their legislation as regards each ofthe following branches of social security for which each of these Membershas legislation applicable to seafarers in force: medical care, sicknessbenefit, unemployment benefit employment injury benefits other thanpensions and death grants, family benefit and maternity benefit. Theseschemes shall guarantee such benefits to persons resident or temporarilyresident in the territory of one of these Members other than the competentMember, under conditions and within limits to be determined by mutualagreement between the Members concerned.Article 28

  The provisions of this Part do not apply to social and medicalassistance.Article 29

  Members may derogate from the provisions of Article 16 to 25 andArticle 27 by making special arrangements in the framework of bilateral ormultilateral instruments concluded amongst two or more of them, oncondition that these do not affect the rights and obligations of otherMembers and provide for the protection of foreign or migrant seafarers inmatters of social security under provisions which, in the aggregate, areat least as favourable as those required under these Articles.

  PART V. LEGAL AND ADMINISTRATIVE SAFEGUARDSArticle 30

  Every person concerned shall have a right of appeal in case of refusalof the benefit or complaint as to its nature, level, amount or quality.Article 31

  Where a government department responsible to a legislature isentrusted with the administration of medical care, every person concernedshall have a right, in addition to the right of appeal provided for inArticle 30, to have a complaint concerning the refusal of medical care orthe quality of the care received investigated by the appropriateauthority.Article 32

  Each Member shall make provision for securing the rapid andinexpensive settlement of disputes concerning the shipowner's liabilityprovided for in Articles 13 to 15.Article 33

  Members shall accept general responsibility for the due provision ofthe benefits provided in compliance with this Convention and shall takeall measures required for this purpose.Article 34

  Members shall accept general responsibility for the properadministration of the institutions and services concerned in theapplication of this Convention.Article 35

  Where the administration is not entrusted to an institution regulatedby the public authorities or to a government department responsible to alegislature

  (a) representatives of the seafarers protected shall participate inthe management under conditions prescribed by national legislation;

  (b) national legislation shall also, where appropriate, providefor the participation of representatives of the shipowners;

  (c) national legislation may also provide for the participation ofrepresentatives of the public authorities.

  PART VI. FINAL PROVISIONSArticle 36

  This Convention revises the Sickness Insurance (Sea) Convention, 1936,and the Social Security (Seafarers) Conventions, 1946.Article 37

  The formal ratifications of this Convention shall be communicated tothe Director-General of the International Labour Office for registration.Article 38

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

  2. It shall come into force twelve months after the date on which theratifications of two Members have been registered with theDirector-General of the International Labour Office.

  3. Thereafter, this Convention shall come into force for any Membertwelve months after the date on which its ratification has beenregistered.Article 39

  Each Member which ratifies this Convention undertakes to apply it tonon-metropolitan territories for whose international relations it isresponsible in accordance with the provisions of the Constitution of theInternational Labour Organization.Article 40

  1. A Member which has ratified this Convention may denounce it afterthe expiration of ten years from the date on which the Convention firstcomes into 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 41

  1. The Director-General of the International Labour Office shallnotify all 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 registration of the second ratification communicated to him, theDirector-General of the International Labour Office shall draw theattention of the Members of the Organization to the date upon which theConvention will come into force.Article 42

  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 43

  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 44

  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 40 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 45

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

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