基础法律英语辅导热招
您的位置:外语教育网 > 法律英语 > 英文法规 > 正文

海员疾病保险公约 CONVENTION No.56 Convention concerning Sickness Insurance for Sea-men

2006-05-18 19:53   我要纠错 | 打印 | 收藏 | | |

第56号公约
颁布日期:19361024 实施日期:19491209 颁布单位:日内瓦

  [Date of coming into force: 9 December 1949.]

  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 twenty-first Sessionon 6 October 1936, and

  Having decided upon the adoption of certain proposals with regard tosickness insurance for seamen, which is included in the second item on theagenda of the Session, and

  Having determined that these proposals shall take the form of aninternational Convention, adopts this twenty-fourth day of October of theyear one thousand nine hundred and thirty-six the following Convention,which may be cited as the Sickness Insurance (Sea) Convention, 1936:

  Article 1

  1. Every person employed as master or Member of the crew or otherwisein the service of the ship, on board any vessel, other than a ship of war,registered in a territory for which this Convention is in force andengaged in maritime navigation or sea-fishing, shall be insured under acompulsory sickness insurance scheme.

  2. Provided that any Member of the International Labour Organizationmay in its national laws or regulations make such exceptions as it deemsnecessary in respect of

  (a) persons employed on board vessels of public authorities whensuch vessels are not engaged in trade;

  (b) persons whose wages or income exceed a prescribed amount;

  (c) persons who are not paid a money wage;

  (d) persons not resident in the territory of the Member;

  (e) persons below or above prescribed age-limits;

  (f) members of the employer's family;

  (g) pilots.

  Article 2

  1. An insured person who is rendered incapable of work and deprived ofhis wages by reason of sickness shall be entitled to a cash benefit for atleast the first twenty-six weeks or one hundred and eighty days ofincapacity from and including the first day for which benefit is payable.

  2. The right to benefit may be made conditional upon the completion ofa qualifying period and of a waiting period of a days to be counted fromthe beginning of the incapacity.

  3. The cash benefit granted to the insured person shall never be fixedat a rate lower than that fixed by the general scheme of compulsorysickness insurance, where such a scheme exists but does not apply toseamen.

  4. Cash benefit may be withheld

  (a) while the insured person is on board or abroad;

  (b) while the insured person is maintained by the insuranceinstitution or from public funds. Provided that in such case it shall onlypartially be withheld when the insured person has family responsibilities;

  (c) while in respect of the same illness the insured personreceives compensation from another source to which he is entitled by law,so however that in such case benefit shall only be wholly or partiallywithheld if and so far as such compensation is equal to or less than theamount of the benefit payable under the sickness insurance scheme.

  5. Cash benefit may be reduced or refused in the case of sicknesscaused by the insured person's wilful misconduct.

  Article 3

  1. The insured person shall be entitled free of charge, as from thecommencement of his illness and at least until the period prescribed forthe grant of sickness benefit expires, to medical treatment by a fullyqualified medical practitioner and to the supply of proper and sufficientmedicines and appliances.

  2. Provided that the insured person may be required to pay such partof the cost of medical benefit as may be prescribed by national laws orregulations.

  3. Medical benefit may be withheld while the insured person is onboard or abroad.

  4. Whenever the circumstances so require, the insurance institutionmay provide for the treatment of the sick person in hospital and in suchcase shall grant him full maintenance together with the necessary medicalattention and care.

  Article 4

  1. When the insured person is abroad and by reason of sickness haslost his right to wages, whether previously payable in whole or in part,the cash benefit to which he would have been entitled had he not beenabroad shall be paid in whole or in part to his family until his return tothe territory of the Member.

  2. National laws or regulations may prescribe or authorise theprovision of the following benefits:

  (a) when the insured person has family responsibilities, a cashbenefit additional to that provided for in Article 2;

  (b) in case of the sickness of members of the insured person'sfamily living in his home and dependent on him, aid in kind or in cash.

  Article 5

  1. National laws or regulations shall prescribe the conditions underwhich an insured woman, while in the territory of the Member, shall beentitled to maternity benefit.

  2. National laws or regulations may prescribe the conditions underwhich the wife of an insured man, while in the territory of the Member,shall be entitled to maternity benefit

  Article 6

  1. On the death of the insured person, a cash benefit of an amountprescribed by national laws or regulations shall be paid to the members ofthe family of the deceased or be applied for defraying the funeralexpenses.

  2. Where there is in force a pension scheme for the survivors ofdeceased seamen, the grant of the cash benefit provided for in thepreceding paragraph shall not be compulsory.

  Article 7

  The right to insurance benefit shall continue even in respect ofsickness occurring during a definite period after the termination of thelast engagement, which period shall be fixed by national laws orregulations in such a way as to cover the normal interval betweensuccessive engagements.

  Article 8

  1. The insured persons and their employers shall share in providingthe financial resources of the sickness insurance scheme.

  2. National laws or regulations may provide for a financialcontribution by the public authorities.

  Article 9

  1. Sickness insurance shall be administered by self-governinginstitutions, which shall be under the administrative and financialsupervision of the public authorities and shall not be carried on with aview to profit.

  2. Insured persons, and in the case of insurance institutions set upspecially for seamen under laws or regulations the employers also, shallparticipate in the management of the institutions under such conditions asmay be prescribed by national laws or regulations, which may also providefor the participation of other persons concerned.

  3. Provided that the administration of sickness insurance may beundertaken directly by the State where and so long as its administrationby self-governing institutions is rendered difficult or impossible byreason of national conditions.

  Article 10

  1. The insured person shall have a right of appeal in case of disputeconcerning his right to benefit.

  2. The procedure for dealing with disputes shall be rendered rapid andinexpensive for the insured person by means of special courts or any othermethod deemed appropriate under national laws or regulations.

  Article 11

  Nothing in this Convention shall affect any law, award, custom oragreement between shipowners and seamen which ensures more favourableconditions than those provided by this Convention.

  Article 12

  1. In respect of the territories referred to in article 35 of theConstitution of the International Labour Organization, each Member of theOrganization which ratifies this Convention shall append to itsratification a declaration stating

  (a) the territories in respect of which it undertakes to apply theprovisions of the Convention without modification;

  (b) the territories in respect of which it undertakes to apply theprovisions of the Convention subject to modifications, together withdetails of the said modifications;

  (c) the territories in respect of which the Convention isinapplicable and in such cases the grounds on which it is inapplicable;

  (d) the territories in respect of which it reserves its decision.

  2. The undertakings referred to in subparagraphs (a) and (b) ofparagraph 1 of this Article shall be deemed to be an integral part of theratification and shall have the force of ratification.

  3. Any member may by a subsequent declaration cancel in whole or inpart any reservations made in its original declaration in virtue ofsubparagraphs (b), (c) or (d) of paragraph 1 of this Article.

  Article 13

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

  Article 14

  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 twelve months after the date on which theratifications of two Members have been registered with theDirector-General.

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

  Article 15

  As soon as the ratifications of two members of the InternationalLabour Organization have been registered, the Director-General of theInternational Labour Office shall so notify all the Members of theInternational Labour Organization. He shall likewise notify them of theregistration of ratifications which may be communicated subsequently byother Members of the Organization.

  Article 16

  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 17

  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 18

  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 16 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 the 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 19

  The French and English texts of this Convention shall both beauthentic.

相关资讯:
网站导航:
 四六级 指南 动态 经验 试题 资料  托福 指南 动态 经验 留学 备考
 雅思 指南 动态 机经 经验 辅导  公共英语 指南 动态 备考 试题 辅导
 日语 就业 辅导 留学 考试 报考  法语 资料 文化 考试 留学 辅导
 韩语 入门 口语 阅读 留学 文化  西语 辅导 资料 考试 留学 风采
基础法律英语
350元/门
系统讲解知识,全面提升水平
课时数:18课时左右
学员 tueiwi:
自我感觉LEC考得不错,感谢外语教育网的法律英语课程老师。
学员 tyjf:
外语教育网的法律英语信息不错,希望有朝一日可以成为法律达人,顶起!
学员 Alice12345:
我报的是法律英语的辅导班。因为英语底子不太好,一直没有太大的进步。后来,我在外语教育网报名参加了网上培训。感觉老师很负责。课程内容也详细。在老师的帮助下,感觉我的法律英语的水平得到了长足的提高。很感谢法律英语的老师的教导。谢谢老师!
学员 lionm:
一直在学法律英语,但总是找不到门路。不但单词多,而且本来认识的单词意思又变了,头痛死了。听了李文沛老师的法律英语课程后,我觉得好多了。希望能网校的法律英语课程能继续开个中级班。
学员 xyz521:
我一直在找法律英语的课程都没找到,偶然的机会来到外语教育网,发现这里的法律英语的课程真的很不错、信息也很齐全,绝对支持哦!
学员 futami:
以前自己看书,感觉非常吃力,很多地方看不懂。抱着试试看的心理,我报名参加了外语教育网的基础法律英语辅导。沙老师和李老师讲得非常好,重点、难点,经过老师的系统讲解,我都基本掌握了。就连冥思苦想都不能解决的难题,也通过答疑板请教老师而得到了满意的答复。在此衷心感谢网校的老师。
学员 hnigni:
我是法律专业的本科生,因为工作的需要,必须得会法律英语,可之前在学校的时候没好好学过啊。正头疼,同事推荐了外语教育网,于是我就报了名,开始学习。在学习过程中,发现沙老师的课真的很不错,她不但英语口语发音标准,而且她授课的内容通俗易懂,很方便我们接受和学习。另外,外语教育网的教学模式很适合我这种已经参加了工作的人,可以让我兼顾工作和学习,也很不错。特此,到网上来赞一下沙老师!沙老师,谢谢您!也谢谢网校的良好服务!在外语教育网学习,真值!
版权声明
   1、凡本网注明 “来源:外语教育网”的所有作品,版权均属外语教育网所有,未经本网授权不得转载、链接、转贴或以其他方式使用;已经本网授权的,应在授权范围内使用,且必须注明“来源:外语教育网”。违反上述声明者,本网将追究其法律责任。
  2、本网部分资料为网上搜集转载,均尽力标明作者和出处。对于本网刊载作品涉及版权等问题的,请作者与本网站联系,本网站核实确认后会尽快予以处理。
  本网转载之作品,并不意味着认同该作品的观点或真实性。如其他媒体、网站或个人转载使用,请与著作权人联系,并自负法律责任。
  3、本网站欢迎积极投稿
  4、联系方式:
编辑信箱:for68@chinaacc.com
电话:010-82319999-2371