CONVENTION No. 165 Convention concerning Social Security for Sea-farers (Revised 1987)
CONVENTION No. 165 Convention concerning Social Security for Sea-farers (Revised 1987)
Whole document
The General Conference of the International Labour Organization,
Having been convened at Geneva by the Governing Body of the
International Labour Office, and having met in its Seventy-fourth Session
on 24 September 1987, and
Having decided upon the adoption of certain proposals with regard to
the social security protection for seafarers including those serving in
ships flying flags other than those of their own country, which is the
third item on the agenda of the session, and
Having determined that these proposals shall take the form of an
international Convention revising the Sickness Insurance (Sea) Convention,
1936, and the Social Security (Seafarers) Convention, 1946, adopts this
ninth day of October of the year one thousand nine hundred and
eighty-seven the following Convention, which may be cited as the Social
Security (Seafarers) Convention (Revised), 1987.
PART I. GENERAL PROVISIONS
Article 1
In this Convention
(a) the term "Member" means any member of the International Labour
Organization that is bound by the Convention;
(b) the term "legislation" includes any social security rules as
well as laws and regulations;
(c) the term "seafarers" means persons employed in any capacity on
board a seagoing ship which is engaged in the transport of cargo or
passengers for the purpose of trade, is utilised for any other commercial
purpose or is a seagoing tug, with the exception of persons employed on
(i) small vessels including those primarily propelled by sail,
whether or not they are fitted with auxiliary engines;
(ii) vessels such as oil rigs and drilling platforms when not
engaged in navigation; the decision as to which vessels and installations
are covered by clauses (i) and (ii) being taken by the competent
authority of each Member in consolation with the most representative
organizations of shipowners and seafarers;
(d) the term "dependant" has the meaning assigned to it by
national legislation;
(e) the term "survivors" means persons defined or recognised as
such by the legislation under which the benefits are awarded; where
persons are defined or recognised as survivors under the relevant
legislation only on the condition that they were living with the deceased,
this condition shall be deemed to be satisfied in respect of persons who
obtained their main support from the deceased;
(f) the term "competent Member" means the Member under whose
legislation the person concerned can claim benefit;
(g) the term "residence" and "resident" refer to ordinary
residence;
(h) the term "temporarily resident" refers to a temporary stay;
(i) the term "repatriation" means transportation to a place to
which seafarer are entitled to be returned under laws and regulations or
collective agreements applicable to them;
(j) the term "non-contributory" applies to benefits the award of
which does not depend on direct financial participation by the persons
protected or by their employer, or on a qualifying period of occupational
activity;
(k) the term "refugee" has the meaning assigned to it in Article 1
of the Convention relating to the Status of Refugees of 28 July 1951 and
in paragraph 2 of Article 1 of the Protocol relating to the Status of
Refugees of 31 January 1967;
(l) the term "stateless person" has the meaning assigned to it in
Article of the Convention relating to the Status of Stateless Persons of
28 September 1954.
Article 2
1. the Convention applies to all seafarers and, where applicable,
their dependants and their survivors.
2. To the extent it deems practicable, after consultation with the
representative organizations of fishing vessel owners and fishermen, the
competent authority shall apply the provisions of this Convention to
commercial maritime fishing.
Article 3
Members are bound to comply with the provisions of Article 9 or
Article 11 in respect of at least three of the following branches of
social security:
(a) medical care;
(b) sickness benefit;
(c) unemployment benefit;
(d) old-age benefit;
(e) employment injury benefit;
(f) family benefit;
(g) maternity benefit;
(h) invalidity benefit;
(i) survivors' benefit;
including at least one of the branches specified in subparagraphs
(c), (d), (e), (h) and (i).
Article 4
Each Member shall specify at the time of its ratification in respect
of which of the branches mentioned in Article 3 it accepts the obligations
of Article 9 or Article 11, and shall indicate separately in respect of
each of the branches specified whether it undertakes to apply the minimum
standards of Article 9 or the superior standards of Article 11 to that
branch.
Article 5
Each Member may subsequently notify the Director-General of the
International Labour Office that it accepts, with effect from the date of
the notification, the obligations of this Convention in respect of one or
more of the branches mentioned in Article 3 not already specified at the
time of its ratification, indicating separately in respect of each of
these branches whether it undertakes to apply to that branch the minimum
standards of Article 9 or the superior standards of Article 11.
Article 6
A Member may by a notification to the Director-General of the
International Labour Office, which shall take effect as from the date of
the notification, subsequently replace the application of the provisions
of Article 9 by that of the provisions of Article 11 in respect of any
branch accepted.
PART II. PROTECTION PROVIDED
GENERAL STANDARDS
Article 7
The legislation of each Member shall provide for seafarers to whom the
legislation of that Member is applicable social security protection not
less favourable than that enjoyed by shoreworkers in respect of each of
the branches of social security mentioned in Article 3 for which it has
legislation in force.
Article 8
Arrangements for the maintenance of rights in course of acquisition by
a person who, having ceased to be subject to a Member's scheme of
compulsory social security for seafarers, becomes subject to an
equivalent scheme of that Member for shoreworkers, or vice versa, shall be
made between the schemes concerned.
MINIMUM STANDARDS
Article 9
When a Member has undertaken to apply the provisions of this Article
to any branch of social security, seafarers and, where applicable, their
dependants and survivors who are protected by the legislation of that
Member shall be entitled to social security benefits not less favourable
in respect of contingencies covered, conditions of award, level and
duration than those specified in the following provisions of the Social
Security (Minimum Standards) Convention, 1952, for the branch in
question:
(a) for medical care in Articles 8, 10 (paragraphs 1, 2 and 3), 11
and 12 (paragraph 1);
(b) for sickness benefit in Articles 14, 16 (in conjunction with
Article 65 or 66 or 67), 17 and 18 (paragraph 1);
(c) for unemployment benefit in Articles 20, 22 (in conjunction
with Article 65 or 66 or 67), 23 and 24;
(d) for old-age benefit in Articles 26, 28 (in conjunction with
Article 65 or 66 or 67), 29 and 30;
(e) for employment injury benefit in Articles 32, 34 (paragraphs
1, 2 and 4), 35, 36 (in conjunction with Article 65 or 66) and 38;
(f) for family benefit in Articles 40, 42, 43, 44 (in conjunction
with Article 66, where applicable) and 45;
(g) for maternity benefit in Articles 47, 49 (paragraphs 1, 2 and
3), 50 (in conjunction with Article 65 or 66), 51 and 52;
(h) for invalidity benefit in Articles 54, 56 (in conjunction with
Article 65 or 66 or 67), 57 and 58;
(i) for survivors' benefit in Articles 60, 62 (in conjunction with
Article 65 or 66 or 67), 63 and 64.
Article 10
For the purpose of compliance with the provisions of subparagraphs
(a), (b), (c), (d), (g) (as regards medical care), (h) or (i) of Article
9, a Member may take account of protection effected by means of insurance
which is not made compulsory for seafarers by its legislation when this
insurance-
(a) is supervised by the public authorities or administered, in
accordance with prescribed standards, by joint operation of shipowners and
seafarers;
(b) covers a substantial proportion of the seafarers whose
earnings do not exceed those of a skilled employee; and
(c) complies in conjunction with other forms of protection where
appropriate, with the relevant provisions of the Social Security (Minimum
Standards) Convention, 1952.
SUPERIOR STANDARDS
Article 11
When a Member has undertaken to apply the provisions of this Article
to any branch of social security, seafarers and, where applicable, their
dependants and survivors who are protected by the legislation of that
Member shall be entitled to social security benefits not less favourable
in respect of contingencies covered, conditions of award, level and
duration than those specified
(a) for medical care in Article 7(a), 8, 9, 13, 15, 16 and 17 of
the Medical Care and Sickness Benefits Convention, 1969;
(b) for sickness benefit in Articles 7(b), 18, 21 (in conjunction
with Article 22 or 23 or 24), 25 and 26 (paragraphs 1 and 3) of the
Medical Care and Sickness Benefits Convention, 1969;
(c) for old-age benefit in Articles 15, 17 (in conjunction with
Article 26 or 27 or 28), 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 2
and 3 (introductory sentence)), 10, 13 (in conjunction with Article 19 or
20), 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 Maternity
Protection Convention (Revised), 1952;
(f) for invalidity benefit in Articles 8, 10 (in conjunction with
Article 26 or 27 or 28), 11, 12, 13 and 29 (paragraph 1) of the
Invalidity, Old-Age and Survivors' Benefits Convention, 1967;
(g) for survivors' benefit in Articles 21, 23 (in conjunction with
Article 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 future
Convention laying down standards superior to those specified in
subparagraphs (c) and (f) of Article 9 which the General Conference of the
International Labour Organization has, after its coming into force,
recognised as applicable for the purpose of this clause by means of a
Protocol adopted in the framework of a special maritime question included
in 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 of
protection effected by means of insurance which is not made compulsory for
seafarers by its legislation when this insurance
(a) is supervised by the public authorities or administered, in
accordance with prescribed standards, by joint operation of shipowners and
seafarers;
(b) covers a substantial proportion of seafarers whose earnings do
not exceed those of a skilled employee,; and
(c) complies, in conjunction with other forms of protection, where
appropriate, with the provisions of the Conventions referred to in the
above-mentioned clauses of Article 11.
PART III. SHIPOWNER'S LIABILITY
Article 13
The shipowner shall be required to provide to seafarers whose
condition requires medical care while they are on board or who are left
behind by reason of their condition in the territory of a State other than
the competent Member
(a) proper and sufficient medical care until their recovery or
until their repatriation, whichever first occurs;
(b) board and lodging until they are able to obtain suitable
employment or are repatriated, whichever first occurs; and
(c) repatriation.
Article 14
Seafarers who by reason of their condition are left behind in the
territory of a State other than the competent Member shall continue to be
entitled to their full wages (exclusive of bonuses) from the time when
they 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 or
regulations of that Member or by collective agreement, whichever event
first occurs, The shipowner shall cease to be liable for the payment of
wages from the time such seafarers are entitled to cash benefits under the
legislation of the competent Member.
Article 15
Seafarers who by reason of their condition are repatriated or are
landed in the territory of the competent Member shall continue to be
entitled to their full wages (exclusive of bonuses) from the time when
they are repatriated or landed until their recovery, or until the expiry
of a period of a length (which shall not be less than 12 weeks) prescribed
by the national laws or regulations of that Member or by collective
agreement, whichever event first occurs, Any period during which wages
were paid by virtue of Article 14 shall be deducted from such period. The
shipowner shall cease to be liable for the payment of wages from the time
such seafarers are entitled to cash benefits under the legislation of the
competent Member.
PART IV. PROTECTION OF FOREIGN OR MIGRANT SEAFARERS
Article 16
The following rules shall apply to seafarers who are or have been
subject to the legislation of one or more Members, as well as, where
applicable, to their dependants and their survivors, in respect of any
branch of social security specified in Article 3 for which any such Member
has legislation applicable to seafarers in force.
Article 17
With a view to avoiding conflicts of laws and the undesirable
consequences that might ensue for those concerned either through lack of
protection or as a result of undue plurality of contributions or other
liabilities or of benefits, the legislation applicable in respect of
seafarers shall be determined by the Members concerned in accordance with
the following rules;
(a) seafarers shall be subject to the legislation of one Member
only;
(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 the
seafarer is resident;
(c) notwithstanding the rules set forth in the preceding
subparagraphs, Members concerned may determine, by mutual agreement, other
rules concerning the legislation applicable to seafarers, in the interest
of the persons concerned.
Article 18
Seafarers who are subject to the legislation of a Member and are
nationals of another Member, or are refugees or stateless persons resident
in the territory of a Member, shall enjoy under that legislation equality
of treatment with the nationals of the first Member, both as regards
coverage and as regards the right to benefits. They shall enjoy equality
of treatment without any condition of residence on the territory of the
first Member if its nationals are protected without any such condition.
This requirement shall also apply, where appropriate, as regards the right
to benefit of seafarers dependants and survivors irrespective of their
nationality.
Article 19
Notwithstanding the provisions of Article 18, the award of
non-contributory benefits may be made conditional on the beneficiary
having resided in the territory of the competent Member or, in the case of
survivors' benefit, on the deceased having resided there for a period
which may not be set at more than-
(a) six months immediately preceding the lodging of the claim, for
unemployment benefit and maternity benefit;
(b) five consecutive years immediately preceding the lodging of
the claim, for invalidity benefit, or immediately preceding the death, for
survivors' benefit;
(c) ten years between the age of 18 and the personable age, of
which it may be required that five years shall immediately precede the
lodging 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 of
treatment to seafarers irrespective of their place of residence.
Article 21
Each Member shall endeavour to participate with every other Member
concerned in schemes for the maintenance of rights in course of
acquisition, as regards each branch of social security specified in
Article 3, for which each of these Members has legislation in force, for
the 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 acquisition
referred to in Article 21 shall provide for the adding together, to the
extent necessary, of periods of insurance, employment or residence as the
case may be, completed under the legislation of the Members concerned for
the purposes of acquisition, maintenance or recovery of rights and, as the
case may be, calculation of benefits.
Article 23
The schemes for the maintenance of rights in course of acquisition
referred to in Article 21 shall determine the formula for awarding
invalidity, 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 and
survivors' cash benefits, pensions in respect of employment injuries and
death grants, to which a right is acquired under its legislation, to
beneficiaries who are nationals of a Member or refugees or stateless
persons, irrespective of their place of residence, subject to measures for
this purpose being taken, where necessary, by agreement between the
Members or with the States concerned.
Article 25
Notwithstanding the provisions of Article 24, in the case of
non-contributory benefits the Members concerned shall determine by mutual
agreement the conditions under which the provision of these benefits shall
be guaranteed to beneficiaries resident outside the territory of the
competent 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 of
social security referred to in Article 24, but not those of the
Maintenance of Social Security Rights Convention, 1982, may, in respect of
each branch for which it has accepted the obligations of the
first-mentioned Convention, derogate from the provisions of Article 24
and apply in its place the provisions of Article 5 of that Convention.
Article 27
Members concerned shall endeavour to participate in schemes for the
maintenance of rights acquired under their legislation as regards each of
the following branches of social security for which each of these Members
has legislation applicable to seafarers in force: medical care, sickness
benefit, unemployment benefit employment injury benefits other than
pensions and death grants, family benefit and maternity benefit. These
schemes shall guarantee such benefits to persons resident or temporarily
resident in the territory of one of these Members other than the competent
Member, under conditions and within limits to be determined by mutual
agreement between the Members concerned.
Article 28
The provisions of this Part do not apply to social and medical
assistance.
Article 29
Members may derogate from the provisions of Article 16 to 25 and
Article 27 by making special arrangements in the framework of bilateral or
multilateral instruments concluded amongst two or more of them, on
condition that these do not affect the rights and obligations of other
Members and provide for the protection of foreign or migrant seafarers in
matters of social security under provisions which, in the aggregate, are
at least as favourable as those required under these Articles.
PART V. LEGAL AND ADMINISTRATIVE SAFEGUARDS
Article 30
Every person concerned shall have a right of appeal in case of refusal
of the benefit or complaint as to its nature, level, amount or quality.
Article 31
Where a government department responsible to a legislature is
entrusted with the administration of medical care, every person concerned
shall have a right, in addition to the right of appeal provided for in
Article 30, to have a complaint concerning the refusal of medical care or
the quality of the care received investigated by the appropriate
authority.
Article 32
Each Member shall make provision for securing the rapid and
inexpensive settlement of disputes concerning the shipowner's liability
provided for in Articles 13 to 15.
Article 33
Members shall accept general responsibility for the due provision of
the benefits provided in compliance with this Convention and shall take
all measures required for this purpose.
Article 34
Members shall accept general responsibility for the proper
administration of the institutions and services concerned in the
application of this Convention.
Article 35
Where the administration is not entrusted to an institution regulated
by the public authorities or to a government department responsible to a
legislature
(a) representatives of the seafarers protected shall participate in
the management under conditions prescribed by national legislation;
(b) national legislation shall also, where appropriate, provide
for the participation of representatives of the shipowners;
(c) national legislation may also provide for the participation of
representatives of the public authorities.
PART VI. FINAL PROVISIONS
Article 36
This Convention revises the Sickness Insurance (Sea) Convention, 1936,
and the Social Security (Seafarers) Conventions, 1946.
Article 37
The formal ratifications of this Convention shall be communicated to
the Director-General of the International Labour Office for registration.
Article 38
1. This Convention shall be binding only upon those Members of the
International Labour Organization whose ratifications have been registered
with the Director-General of the International Labour office.
2. It shall come into force twelve months after the date on which the
ratifications of two Members have been registered with the
Director-General of the International Labour Office.
3. Thereafter, this Convention shall come into force for any Member
twelve months after the date on which its ratification has been
registered.
Article 39
Each Member which ratifies this Convention undertakes to apply it to
non-metropolitan territories for whose international relations it is
responsible in accordance with the provisions of the Constitution of the
International Labour Organization.
Article 40
1. A Member which has ratified this Convention may denounce it after
the expiration of ten 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.
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 41
1. The Director-General of the International Labour Office shall
notify all 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 registration of the second ratification communicated to him, the
Director-General of the International Labour Office shall draw the
attention of the Members of the Organization to the date upon which the
Convention will come into force.
Article 42
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 43
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 44
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 40 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 45
The English and French versions of the text of this Convention are
equally authoritative.
and lodging until they are able to obtain suitable
employment or are repatriated, whichever first occurs; and
(c) repatriation.
Article 14
Seafarers who by reason of their condition are left behind in the
territory of a State other than the competent Member shall continue to be
entitled to their full wages (exclusive of bonuses) from the time when
they 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 or
regulations of that Member or by collective agreement, whichever event
first occurs, The shipowner shall cease to be liable for the payment of
wages from the time such seafarers are entitled to cash benefits under the
legislation of the competent Member.
Article 15
Seafarers who by reason of their condition are repatriated or are
landed in the territory of the competent Member shall continue to be
entitled to their full wages (exclusive of bonuses) from the time when
they are repatriated or landed until their recovery, or until the expiry
of a period of a length (which shall not be less than 12 weeks) prescribed
by the national laws or regulations of that Member or by collective
agreement, whichever event first occurs, Any period during which wages
were paid by virtue of Article 14 shall be deducted from such period. The
shipowner shall cease to be liable for the payment of wages from the time
such seafarers are entitled to cash benefits under the legislation of the
competent Member.
PART IV. PROTECTION OF FOREIGN OR MIGRANT SEAFARERS
Article 16
The following rules shall apply to seafarers who are or have been
subject to the legislation of one or more Members, as well as, where
applicable, to their dependants and their survivors, in respect of any
branch of social security specified in Article 3 for which any such Member
has legislation applicable to seafarers in force.
Article 17
With a view to avoiding conflicts of laws and the undesirable
consequences that might ensue for those concerned either through lack of
protection or as a result of undue plurality of contributions or other
liabilities or of benefits, the legislation applicable in respect of
seafarers shall be determined by the Members concerned in accordance with
the following rules;
(a) seafarers shall be subject to the legislation of one Member
only;
(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 the
seafarer is resident;
(c) notwithstanding the rules set forth in the preceding
subparagraphs, Members concerned may determine, by mutual agreement, other
rules concerning the legislation applicable to seafarers, in the interest
of the persons concerned.
Article 18
Seafarers who are subject to the legislation of a Member and are
nationals of another Member, or are refugees or stateless persons resident
in the territory of a Member, shall enjoy under that legislation equality
of treatment with the nationals of the first Member, both as regards
coverage and as regards the right to benefits. They shall enjoy equality
of treatment without any condition of residence on the territory of the
first Member if its nationals are protected without any such condition.
This requirement shall also apply, where appropriate, as regards the right
to benefit of seafarers dependants and survivors irrespective of their
nationality.
Article 19
Notwithstanding the provisions of Article 18, the award of
non-contributory benefits may be made conditional on the beneficiary
having resided in the territory of the competent Member or, in the case of
survivors' benefit, on the deceased having resided there for a period
which may not be set at more than-
(a) six months immediately preceding the lodging of the claim, for
unemployment benefit and maternity benefit;
(b) five consecutive years immediately preceding the lodging of
the claim, for invalidity benefit, or immediately preceding the death, for
survivors' benefit;
(c) ten years between the age of 18 and the personable age, of
which it may be required that five years shall immediately precede the
lodging 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 of
treatment to seafarers irrespective of their place of residence.
Article 21
Each Member shall endeavour to participate with every other Member
concerned in schemes for the maintenance of rights in course of
acquisition, as regards each branch of social security specified in
Article 3, for which each of these Members has legislation in force, for
the 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 acquisition
referred to in Article 21 shall provide for the adding together, to the
extent necessary, of periods of insurance, employment or residence as the
case may be, completed under the legislation of the Members concerned for
the purposes of acquisition, maintenance or recovery of rights and, as the
case may be, calculation of benefits.
Article 23
The schemes for the maintenance of rights in course of acquisition
referred to in Article 21 shall determine the formula for awarding
invalidity, 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 and
survivors' cash benefits, pensions in respect of employment injuries and
death grants, to which a right is acquired under its legislation, to
beneficiaries who are nationals of a Member or refugees or stateless
persons, irrespective of their place of residence, subject to measures for
this purpose being taken, where necessary, by agreement between the
Members or with the States concerned.
Article 25
Notwithstanding the provisions of Article 24, in the case of
non-contributory benefits the Members concerned shall determine by mutual
agreement the conditions under which the provision of these benefits shall
be guaranteed to beneficiaries resident outside the territory of the
competent 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 of
social security referred to in Article 24, but not those of the
Maintenance of Social Security Rights Convention, 1982, may, in respect of
each branch for which it has accepted the obligations of the
first-mentioned Convention, derogate from the provisions of Article 24
and apply in its place the provisions of Article 5 of that Convention.
Article 27
Members concerned shall endeavour to participate in schemes for the
maintenance of rights acquired under their legislation as regards each of
the following branches of social security for which each of these Members
has legislation applicable to seafarers in force: medical care, sickness
benefit, unemployment benefit employment injury benefits other than
pensions and death grants, family benefit and maternity benefit. These
schemes shall guarantee such benefits to persons resident or temporarily
resident in the territory of one of these Members other than the competent
Member, under conditions and within limits to be determined by mutual
agreement between the Members concerned.
Article 28
The provisions of this Part do not apply to social and medical
assistance.
Article 29
Members may derogate from the provisions of Article 16 to 25 and
Article 27 by making special arrangements in the framework of bilateral or
multilateral instruments concluded amongst two or more of them, on
condition that these do not affect the rights and obligations of other
Members and provide for the protection of foreign or migrant seafarers in
matters of social security under provisions which, in the aggregate, are
at least as favourable as those required under these Articles.
PART V. LEGAL AND ADMINISTRATIVE SAFEGUARDS
Article 30
Every person concerned shall have a right of appeal in case of refusal
of the benefit or complaint as to its nature, level, amount or quality.
Article 31
Where a government department responsible to a legislature is
entrusted with the administration of medical care, every person concerned
shall have a right, in addition to the right of appeal provided for in
Article 30, to have a complaint concerning the refusal of medical care or
the quality of the care received investigated by the appropriate
authority.
Article 32
Each Member shall make provision for securing the rapid and
inexpensive settlement of disputes concerning the shipowner's liability
provided for in Articles 13 to 15.
Article 33
Members shall accept general responsibility for the due provision of
the benefits provided in compliance with this Convention and shall take
all measures required for this purpose.
Article 34
Members shall accept general responsibility for the proper
administration of the institutions and services concerned in the
application of this Convention.
Article 35
Where the administration is not entrusted to an institution regulated
by the public authorities or to a government department responsible to a
legislature
(a) representatives of the seafarers protected shall participate in
the management under conditions prescribed by national legislation;
(b) national legislation shall also, where appropriate, provide
for the participation of representatives of the shipowners;
(c) national legislation may also provide for the participation of
representatives of the public authorities.
PART VI. FINAL PROVISIONS
Article 36
This Convention revises the Sickness Insurance (Sea) Convention, 1936,
and the Social Security (Seafarers) Conventions, 1946.
Article 37
The formal ratifications of this Convention shall be communicated to
the Director-General of the International Labour Office for registration.
Article 38
1. This Convention shall be binding only upon those Members of the
International Labour Organization whose ratifications have been registered
with the Director-General of the International Labour office.
2. It shall come into force twelve months after the date on which the
ratifications of two Members have been registered with the
Director-General of the International Labour Office.
3. Thereafter, this Convention shall come into force for any Member
twelve months after the date on which its ratification has been
registered.
Article 39
Each Member which ratifies this Convention undertakes to apply it to
non-metropolitan territories for whose international relations it is
responsible in accordance with the provisions of the Constitution of the
International Labour Organization.
Article 40
1. A Member which has ratified this Convention may denounce it after
the expiration of ten 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.
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 41
1. The Director-General of the International Labour Office shall
notify all 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 registration of the second ratification communicated to him, the
Director-General of the International Labour Office shall draw the
attention of the Members of the Organization to the date upon which the
Convention will come into force.
Article 42
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 43
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 44
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 40 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 45
The English and French versions of the text of this Convention are
equally authoritative.
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