CONVENTION No.8 Convention concerning Unemployment Indemnity inCase of Loss or Foundering of the Ship
CONVENTION No.8 Convention concerning Unemployment Indemnity inCase of Loss or Foundering of the Ship
[Date of coming into force: 16 March 1923.]
Whole document
The General Conference of the International Labour Organization,
Having been convened at Genoa by the Governing Body of the
International Labour Office, on the 15th day of June 1920, and
Having decided upon the adoption of certain proposals with regard to
the supervision of articles of agreement; provision of facilities for
finding employment for seamen; application to seamen of the Convention and
Recommendations adopted at Washington in November last in regard to
unemployment and unemployment insurance, which is the second item in the
agenda for the Genoa meeting of the Conference, and
Having determined that these proposals shall take the form of an
international Convention, adopts the following Convention, which may be
cited as the Unemployment Indemnity (Shipwreck) Convention, 1920, for
ratification by the Members of the International Labour Organization in
accordance with the provisions of the Constitution of the International
Labour Organization:
Article 1
1. For the purpose of this Convention, the term "seamen" includes all
persons employed on any vessel engaged in maritime navigation.
2. For the purpose of this Convention, the term "vessel" includes all
ships and boats, of any nature whatsoever, engaged in maritime navigation,
whether publicly or privately owned; it excludes ships of war.
Article 2
1. In every case of loss or foundering of any vessel, the owner or
person with whom the seaman has contracted for service on board the vessel
shall pay to each seaman employed thereon an indemnity against
unemployment resulting from such loss or foundering.
2. This indemnity shall be paid for the days during which the seaman
remains in fact unemployed at the same rate as the wages payable under the
contract, but the total indemnity payable under this Convention to any one
seaman may be limited to two months' wages.
Article 3
Seamen shall have the same remedies for recovering such indemnities as
they have for recovering arrears of wages earned during the service.
Article 4
1. Each Member of the International Labour Organization which ratifies
this Convention engages to apply it to its colonies, protectorates and
possessions which are not fully self-governing-
(a) except where owing to the local conditions its provisions are
inapplicable; or
(b) subject to such modifications as may be necessary to adapt its
provisions to local conditions.
2. Each Member shall notify to the International Labour Office the
action taken in respect of each of its colonies, protectorates and
possessions which are not fully self-governing.
Article 5
The formal ratifications of this Convention, under the conditions set
forth in the Constitution of the International Labour Organization, shall
be communicated to the Director-General of the International Labour Office
for registration.
Article 6
As soon as the ratifications of two Members of the International
Labour Organization have been registered with the International Labour
Office, the Director-General of the International Labour Office shall so
notify all the Members of the International Labour Organization.
Article 7
This Convention shall come into force at the date on which such
notification is issued by the Director-General of the International Labour
Office, and it shall then be binding only upon those Members which have
registered their ratifications with the International Labour Office.
Thereafter this Convention will come into force for any other Member at
the date on which its ratification is registered with the International
Labour Office.
Article 8
Subject to the provisions of Article 7, each Member which ratifies
this Convention agrees to bring its provisions into operation not later
than 1 July 1922, and to take such action as may be necessary to make
these provisions effective.
Article 9
A Member which has ratified this Convention may denounce it after the
expiration of five years from the date on which the Convention first 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 with
the International Labour Office.
Article 10
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 11
The French and English texts of this Convention shall both be
authentic.
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