CONVENTION No.70 Convention concerning Social Security for Sea-farers
CONVENTION No.70 Convention concerning Social Security for Sea-farers
[This Convention had not come into force by 1 September 1965.]
Whole document
The General Conference of the International Labour Organization,
Having been convened at Seattle by the Governing Body of the
International Labour Office, and having met in its twenty-eighth Session
on 6 June 1946, and
Having decided upon the adoption of certain proposals with regard to
social security for seafarers, which is the second item on the agenda of
the Session, and
Having determined that these proposals shall take the form of an
international Convention, adopts this twenty-eighth day of June of the
year 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 or
in the service of any sea-going vessel, other than a ship of war, which is
registered in a territory for which this Convention is in force;
(b) the term "dependant" shall have the meaning assigned to it by
national laws or regulations; and
(c) the term "repatriation" means transportation to a port to
which a seafarer is entitled to be returned in accordance with national
laws or regulations.
2. Any Member may in its national laws or regulations make such
exceptions 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 not
engaged in trade;
(ii) coastwise fishing boats;
(iii) boats of less than twenty-five tons gross register
tonnage;
(iv) wooden ships of primitive build such as dhows and junks;
and
(v) in so far as ships registered in India are concerned and
for a period not exceeding five years from the date of registration of the
ratification of this Convention by India, home trade vessels of a gross
register 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 an
employer other than the shipowner, except radio officers or operators and
catering staff;
(e) persons employed in port who are not ordinarily employed at
sea;
(f) salaried employees in the service of a national public
authority who are entitled to benefits at least equivalent on the whole to
those provided for in this Convention;
(g) persons not remunerated for their services or remunerated only
by a nominal salary or wage;
(h) persons working exclusively on their own account.
3. Where any benefit provided for in this Convention is furnished
otherwise than in virtue of national laws or regulations relating to the
liability of the shipowner in respect of sickness, injury or death of
seafarers, such further exceptions as are deemed necessary may be made in
national laws, regulations or collective agreements in respect of the
right 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 vessels
for 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 in
hunting seals;
(c) persons employed on board or in the service of whale-catching,
floating factory or transport vessels or otherwise for the purpose of
whaling or similar operations under conditions regulated by the provisions
of a special collective whaling or similar agreement determining the rates
of pay, hours of work and other conditions of service concluded by an
organization of seafarers concerned;
(d) persons employed on board or in the service of vessels which
are not engaged in the transport of cargo or passengers for the purposed
of trade; and
(e) persons employed on board or in the service of vessels of less
than 200 gross register tons.
Article 2
1. Seafarers and their dependants who are resident and present in the
territory of a Member shall be entitled in virtue of the seafarer's
employment on board or in the service of vessels registered in the
territory of that Member to the following benefits:
(a) seafarers shall be entitled to medical benefit not less
favourable in respect of conditions of award, extent and duration than
that to which industrial workers are entitled; in so far as industrial
workers are not entitled to medical benefit, seafarers shall be entitled
to 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 unemployment
and old age to cash benefits not less favourable in respect of conditions
of award, amount and duration than those to which industrial workers are
entitled; in so far as industrial workers are not entitled to cash
benefits in respect of incapacity for work (whether due to employment
injury or not) seafarers shall be entitled to such benefits at rates
commensurate, 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 medical
benefit not less favourable in respect of conditions of award, extent and
duration than that to which the dependants of industrial workers are
entitled;
(d) on the death of a seafarer his dependants shall be entitled to
cash benefits not less favourable in respect of conditions of award,
amount and duration than those to which the dependants of industrial
workers are entitled; in so far as the dependants of industrial workers
are 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 rate
commensurate, having regard to the standard of living in the territory,
with their needs.
2. Where medical or cash benefits for seafarers and their dependants
are provided under any special scheme, such special provisions (other than
those resulting from shipowners' liability) shall be appropriately
co-ordinated or integrated with any scheme which applies to industrial
workers and their dependants and provides corresponding benefits not less
favourable in respect of conditions of award, extent or amount, and
duration.
Article 3
1. A seafarer resident in the territory in which the vessel is
registered who is left behind in another territory by reason of injury in
the service of the ship or sickness not due to his own wilful act shall be
entitled to
(a) proper and sufficient medical care until he is cured or
repatriated, whichever first occurs;
(b) board and lodging until he is able to obtain suitable
employment or is repatriated, whichever first occurs; and
(c) repatriation.
2. Such a seafarer shall also be entitled to an allowance equal to 100
per cent. of his wages (exclusive of bonuses) until he is able to obtain
suitable employment, or until he is repatriated, or until the expiry of a
period of a length prescribed by national laws or regulations or by
collective agreement, which period shall not be less than twelve weeks,
whichever event first occurs. If the prescribed period expires before the
seafarer is able to obtain suitable employment or is repatriated, he or
his dependants shall be entitled to any benefit under a scheme of
compulsory social insurance or workmen's compensation which would be
payable if the seafarer were present in the territory of registration. Any
benefit payable to the seafarer or his dependants under such a scheme
prior to the expiry of the prescribed period may be deducted from the
allowance.
Article 4
Arrangements for the maintenance of rights in course of acquisition by
a person who, having ceased to be subject to a scheme of compulsory
social insurance for seafarers, becomes subject to such a scheme for
shoreworkers, or, having ceased to be subject to such a scheme for
shoreworkers, becomes subject to such a scheme for seafarers, shall be
made between the schemes concerned.
Article 5
National laws and regulations relating to the liability of the
shipowner 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 shall
ensure equality of treatment to seafarers and their dependants
irrespective of nationality or race.
Article 6
1. National laws and regulations relating to the liability of the
shipowner in respect of sickness, injury or death of seafarers shall
ensure equality of treatment to seafarers and their dependants whether or
not they reside in the territory in which the vessel is registered.
2. Where the laws or regulations of a Member relating to the liability
of shipowners do not entitle seafarers resident outside its territory to
the benefits prescribed in paragraph 1 of Article 3, the Member shall
provide these benefits by other laws or regulations.
Article 7
1. The laws and regulations of a Member relating to medical and cash
benefits in case of employment injury shall not impose on seafarers or
their dependants resident in the territory of any other Member for which
this Convention is in effective operation any condition or limitation
which does not apply equally to seafarers and their dependants resident in
the territory of the first Member.
2. Provided that no such benefits and no contributions towards the
cost of such benefits shall be payable under the scheme in force in the
territory of the first Member if they are payable in respect of such
seafarers under any scheme in force in the territory of the second Member.
Article 8
In order to facilitate continuity of insurance and to eliminate double
contributions and double benefits, Members may enter into agreements
providing that nationals or residents of one Member employed on board or
in the service of a vessel registered in the territory of another Member
shall be subject to an insurance or compensation scheme of the first
Member and therefore excluded from the corresponding scheme of the second
Member.
Article 9
Nothing in this Convention shall affect any law, award, custom or
agreement between shipowners and seafarers which ensures to the seafarers
conditions more favourable than those provided for by this Convention.
Article 10
1. Effect may be given to paragraph 2 of Article 3 of this Convention
by (a) laws or regulations; (b) collective agreements between recognised
associations of shipowners or shipowners and recognised associations of
seafarers which cover all seafarers to whom the said paragraph applies; or
(c) a combination of laws or regulations and collective agreements between
recognised associations of shipowners or shipowners and recognised
associations of seafarers which cover all seafarers to whom the said
paragraph applies. Except as may be otherwise provided herein, the
provisions of this Convention shall be made applicable to every vessel
registered in the territory of the ratifying Member and to every person
engaged on any such vessel.
2. Each Member ratifying this Convention shall supply to the
Director-General of the International Labour Office information on the
measures by which the Convention is applied, including particulars of any
collective agreements which give effect to any of its provisions and are
in force at the date when the Member ratifies the Convention.
3. Each Member ratifying the Convention undertakes to take part, by
means of a tripartite delegation, in any committee representative of
Governments and shipowners' and seafarers' organizations, and including in
an advisory capacity representatives of the Joint Maritime Commission of
the International Labour Office, which may be set up for the purpose of
examining the measures taken to give effect to the Convention.
4. The Director-General will lay before the said Committee a summary
of the information received by him under paragraph 2 above.
5. The Committee shall consider whether the collective agreements
reported to it give effect to the provisions of the Convention. Each
Member ratifying the Convention undertakes to give consideration to any
observations or suggestions concerning the application of the Convention
made by the Committee and further undertakes to bring to the notice of the
organizations of employers and of workers who are parties to any of the
collective agreements mentioned in paragraph 1 any observations or
suggestions of the aforesaid Committee concerning the degree to which such
agreements give effect to the provisions of the Convention.
Article 11
The formal ratifications of this Convention shall be communicated to
the Director-General of the International Labour Office for registration.
Article 12
1. This Convention shall be binding only upon those Members of the
International Labour Organization whose ratifications have been registered
with the Director-General.
2. It shall come into force six months after the date on which there
have 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 Great
Britain and Northern Ireland, Greece, India, Ireland, Italy, Netherlands,
Norway, Poland, Portugal, Sweden, Turkey and Yugoslavia, including at
least four countries each of which has at least one million gross register
tons of shipping. This provision is included for the purpose of
facilitating and encouraging early ratification of the Convention by
Member States.
3. Thereafter, this Convention shall come into force for any Member
six months after the date on which its ratification has been registered.
Article 13
1. A Member which has ratified this Convention may denounce it after
the expiration of ten years from the date on which the Convention comes
into force, by an act communicated to the Director-General of the
International Labour Office for registration. Such denunciation shall not
take 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 years
mentioned in the preceding paragraph, exercise the right of denunciation
provided for in this Article, will be bound for another period of ten
years and, thereafter, may denounce this Convention at the expiration of
each period of ten years under the terms provided for in this Article.
Article 14
1. The Director-General of the International Labour Office shall
notify all the Members of the International Labour Organization of the
registration of all ratifications and denunciations communicated to him by
the Members of the Organization.
2. When notifying the Members of the Organization of the registration
of the last of the ratifications required to bring the Convention into
force, the Director-General shall draw the attention of the Members of the
Organization to the date upon which the Convention will come into force.
Article 15
The Director-General of the International Labour Office shall
communicate to the Secretary-General of the United Nations for
registration in accordance with Article 102 of the Charter of the United
Nations full particulars of all ratifications and acts of denunciation
registered by him in accordance with the provisions of the preceding
Articles.
Article 16
At such times as it may consider necessary the Governing Body of the
International Labour Office shall present to the General Conference a
report on the working of this Convention and shall examine the
desirability of placing on the agenda of the Conference the question of
its revision in whole or in part.
Article 17
1. Should the Conference adopt a new Convention revising this
Convention in whole or in part, then, unless the new Convention otherwise
provides,
(a) the ratification by a Member of the new revising Convention
shall ipso jure involve the immediate denunciation of this Convention,
notwithstanding the provisions of Article 13 above, if and when the new
revising Convention shall have come into force;
(b) as from the date when the new revising Convention comes into
force, this Convention shall cease to be open to ratification by the
Members.
2. This Convention shall in any case remain in force in its actual
form and content for those Members which have ratified it but have not
ratified the revising Convention.
Article 18
The English and French versions of the text of this Convention are
equally authoritative.
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