海员社会保障公约 CONVENTION No.70 Convention concerning Social Security for Sea-farers
2009-03-24 法律英语 来源:互联网 作者: ℃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 nece
ssary 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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