海员社会保障公约（1987年修正本）

， 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.

　　P

ART 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.Artic

le 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 appli

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