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

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 pas

sengers 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 a

cquisition 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 benefit

┨网页设计特效库┠ http://www。z┗co⊙l。com/网页特效/