prop · GC03122 · 1988-12-31 00:00:00 — navigation; the dedsion as to which andinstallations are covered by (i) and (ii) being taken by the competentauthority of each Member in consultation with the most representativeorganisations of shipowners and seafarers; (d) the term " dependant" has the meaningassigned to it by national legislation; (e) the term "survivors" means persons definedor 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 theMember under whose legislation the person concerned can claim benefit; (g) the term " " and "resident" refer to ordinary ; (h) the term "temporarily resident" refers to a temporary stay; (i) the term " repatriation " meanstransportation to a place to which seafarers are entitled to be returaed underlaws and regulations or collective agreements applicable to them; (j) the term "non-contributory"' applies tobenefits the award of which does not Prop. 1988/89: 122 depend on direct financial participation by the persons protected or bytheir Bilaea 7 employer, or on a qualifying period of occupational activity; ° (k) the term "refugee"" has the meaningassigned to il in Artide 1 of the Convention relating to the Status ofRefugees of 28 1951 and in paragraph 2 of Artide 1 of the Protocolrelating to the Status of Refugees of 31 January 1967: (t) the term "stateless person" has the meaningassigned to it in Artide 1 of the Convention relating to the Status ofStateless Persons of . The Conventionapplies to all seafarers and, where applicable, their depen-dants and theirsurvivors. To the extentit deems practicable, after consultation with the representative organisationsof fishing owners and fishermen, the competent authority shall apply theprovisions of this Convention to commercial fishing. Members are bound to comply with the provisions of Artide9 or Artide 11 in respect of at least three of the following branches of socialsecurity: (a) care: ib) sickness benefit; (c) unemployment benefit; (d) old-age benefit; (e) employment injury benefit; (f) family benefit; (g) matemity benefit; (h) invalidity benefit; {i) survivors' benefit; including at least one of the branches specified insubparagraphs (c), (d), (e), (h) and (i). Each Member shall specify at the time of its ratificationin respect of which of the branches mentioned in Artide 3 it accepts theobligations of Artide 9 or Artide 11, and shall indicate separately in respectof each of the branches specified whether it undertakes to apply the minimumstandards of Artide 9 or the superior standards of Artide 11 to that branch. Each Member may subsequently notify the Director-Generalof the Intemational Labour Office that it accepts, with effect from the dateof the notification, the obligations of this Convention in respect of one ormore of the branches mentioned in Artide 3 not already specified at the time ofits ratification, indicat-ing separately in respect of each of these brancheswhether it undertakes to apply to that branch the minimum standards of Artide 9or the superior standards of Artide 11. A Member may by a notification to the Director-General ofthe Intemational Labour Office, which shall take effect as from the date of thenotification, subsequently replace the application of the provisions of Artide9 by that of the provisions of Artide 11 in respect of any branch accepted. Protection provided Prop. 1988/89: 122 The legislation of each Member shall provide for seafarersto whom the legislation of that Member is applicable social security protectionnot less favourable than that enjoyed by shoreworkers in respect of each ofthe branches of social security mentioned in Artide 3 for which it haslegislation in force. Arrangements for the maintenance of rights in course ofacquisition by a person who, having ceased to be subject to a Member's schemeof compulsory social security for seafarers, becomes subject to an equivalentscheme of that Member for shoreworkers, or vice versa, shall be made betweenthe schemes concerned. When a Member has undertaken to apply the provisions ofthis Artide to any branch of social security, seafarers and, where applicable,their dependants and survivors who are protected by the legislation of thatMember shall be entitled to social security benefits not less favourable in respectof contingendes covered, conditions of award, level and duration than thosespecified in the following provisions of the (MinimumStandards) Convention, 1952, for the branch in question: (a) for care in Artides 8, 10 (paragraphs1, 2 and 3), 11 and 12 (paragraph (b) for sickness benefit in Artides 14, 16 (inconjunction with Artide 65 or 66 or 67), 17 and 18 (paragraph 1); fcj for unemployment benefit in Artides 20, 22 (inconjunction with Artide 65 or 66 or 67), 23 and 24; (d) for old-age benefit in Artides 26, 28 (inconjunction with Artide 65 or 66 or 67), 29 and 30; (e) for employment injury benefit in Artides 32, 34(paragraphs 1, 2 and 4), 35, 36 (in conjunction with Artide 65 or 66) and 38; (f) for family benefit in Artides 40, 42, 43, 44 (inconjunction with Artide 66, where applicable) and 45 ; (g) for maternity benefit in Artides 47, 49 (paragraphs1, 2 and 3), 50 (in conjunc tion with Artide 65 or 66), 51 and 52; (h) forinvalidity benefit in Artides 54, 56 (in conjunction with Artide 65 or 66 or 67), 57and 58; (i) for survivors' benefit in Artides 60, 62 (in conjunction withArtide 65 or 66 or 67), 63 and 64; For the purpose of compliance with the provisions ofsubparagraphs (a), (b), (c), (d), (g) (as regards care), (h) or (i) ofArtide 9, a Member may take account of protection effected by means ofinsurance which is not made compulsory for seafarers by its legislation whenthis 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 seafarerswhose earnings do not exceed those of a skilled employee; and (c) complies, in conjunction with other forms ofprotection where appropriate, Prop. 1988/89: 122 with the relevant provisions of the (Minimum Standards) Rilaon 7 Convention, 1952. oiidgd When a Member has undertaken to apply the provisions ofthis Artide to any branch of sodal security, seafarers and, where applicable,their dependants and survivors who are protected by the legislation of thatMember shall be entitled to social security benefits not less favourable inrespect of contingendes covered, conditions of award, level and duration thanthose spedfied- (a) for care in Artides 7(a), 8, 9,13,15,16 and17 of the Care and Sickness Benefits Convention, 1969; (b) for sickness benefit in Artides7(b), 18, 21 (in conjunction with Artide 22 or 23 or 24), 25 and 26 (paragraphs1 and 3) of the Care and Sickness Benefits Convention, 1969; (c) for old-age benefit in Artides 15,17 (in conjunction with Artide 26 or 27 or 28), 18, 19 and 29 (paragraph 1) ofthe Invalidity, and Survivors' Benefits Convention, 1967; (d) for employment injury benefit in Artides 6, 9(paragraphs 2 and 3 (introductory sentence)), 10,13 (in conjunction with Artide 19 or 20), 14 (in conjunctionwith Artide 19 or 20), 15 (paragraph 1), 16, 17, 18 (paragraphs 1 and 2) (in conjunction with Artide 19 or 20) and 21 (paragraph 1) of the Employment Injury Benefits Convention, 1964; (e) for maternity benefit in Artides 3 and 4 of theMatemity Protection Conven tion (Revised), 1952; (/) for invalidity benefit in Artides 8, 10 (inconjunction with Artide 26 or 27 or 28), 11, 12, 13 and 29 (paragraph 1) of theInvalidity, and Survivors' Benefits Convention, 1967; (g) for survivors' benefit in Artides 21, 23 (inconjunction with Artide 26 or 27 or 28), 24, 25 and 29 (paragraph 1) of theInvalidity, and Survivors' Benefits Convention, 1967; (h) for unemployment benefit and jamily benefit in anyfuture Convention laying down standards superior to those specified insubparagraphs (c) and (f) of Artide 9 which the General of theIntemational has, after its coming into force, recognisedas applicable for the purpose of this by means of a Protocol adopted inthe framework of a special question induded in its agenda. For the purpose of compliance with the provisions ofsubparagraphs (a), (b), (c), (e) (as regards care), (f), (g) or (h)(unemployment benefit) of Artide 11, a Member may take account of protectioneffected by means of insurance which is not made compulsory for seafarers byits legislation when this insurance - (o) is supervised by the public authorities oradministered, in accordance with prescribed standards, by joint operation ofshipowners and seafarers; (b) covers a substantial proportion ofseafarers whose earnings do not exceed those of a skilled employee; and (c) complies, in conjunction with otherforms of protection, where appropriate, with the provisions of the Conventionsreferred to in the above-mentioned of Artide 11. Shipowner s liabilit- Prop. 1988/89: 122 A , 1 Bilaga 7 The shipowner shall be required to provide to seafarerswhose condition requires care while they are on board or who are leftbehind by reason of their condition in the territory of a State other than thecompetent Member - (a) proper and sufficient care until theirrecovery or until their repatriation, whichever first occurs; (bj board and lodging until they are able to obtainsuitable employment or are repatriated, whichever first occurs; and (c) repatriation. Seafarers who by reason of their condition are left behindin the territory of a State other than the competent Member shall continue tobe entitled to their full wages (exclusive of bonuses) from the time when theyare left behind until they receive an offer of suitable employment, or untilthey are repatriated, or until the expiry of a period of a length (which shallnot be less than 12 weeks) prescribed by the national laws or regulations ofthat Member or by collective agreement, whichever event first occurs. Theshipowner shall cease to be liable for the payment of wages from the time suchseafarers are entitled to cash benefits under the legislation of the competentMember Seafarers who by reason of their condition are repatriatedor are landed in the territory of the competent Member shall continue to beentitled to their full wages (exclusive of bonuses) from the time when they arerepatriated or landed until their recovery, or until the expiry of a period ofa length (which shall not be less than 12 weeks) prescribed by the nationallaws or regulations of that Member or by collective agreement, whichever eventfirst occurs. period during which wages were paid by virtue of Artide 14shall be deducted from such period. The shipowner shall cease to be liable forthe payment of wages from the time such seafarers are entitled to cash benefitsunder the legislation of the competent Member. Protection of foreign or migrantseafarers The following rules shall apply to seafarers who are orhave been subject lo the legislation of one or more Members, as well as, whereapplicable, to their dependants and their survivors, in respect of any branchof sodal security specified in Artide 3 for which any such Member haslegislation applicable to seafarers in force. With a view to avoiding conflicts of laws and theundesirable consequences that might ensue for those concerned either throughlack of protection or as as a result of undue plurality of contributions orother liabilities or of benefits, the legislation applicable in respect ofseafarers shall be determined by the Members concerned in accordance with thefollowing rules: (a) seafarers shall be subject to thelegislation of one Member only; (b) in principle this legislation shallbe - the legislationof the Member whose flag the ship is flying, or - the legislationof the Member in whose territory the seafarer is resident; (c) notwithstanding the rules set forth in the precedingsubparagraphs. 1988/89: 122 concerned may determine. bymutual agreement, other rules concerning the Bilaea 7 legislationapplicable to seafarers, in the interest of the persons concerned. Seafarers who are subject to the legislation of a Memberand are nationals of another Member. or are refugees or stateless personsresident in the territory of a Member, shall enjoy under that legislationequality of treatment with the nationals of the first Member, both as regardscoverage and as regards the right to benefits. They shall enjoy equality oftreatment without any condition of on the territory of the firstMember if its nationals are protected without any such condition. Thisrequirement shall also apply. where appropriate, as regards the right tobenefit of seafarers" dependants and survivors irrespective of theirnationality. Notwithstanding the provisions of Artide 18, the award ofnon-contributory benefits may be made conditional on the beneficiary havingresided 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 setat more than- (a) six monlhs immediately preceding the lodging of the daim,for unemployment benefit and maternity benefit; (b) five consecutive years immediatelypreceding the lodging of the claim, for invalidity benefit. or immediatelypreceding the death, for survivors" benefit; (c) ten years between the age of 18 andthe pensionable age, of which it may be required that five years shallimmediately precede the lodging of the claim, for old-age benefit. The laws and regulations of each Member relating toshipowners" liability provided for in Artides 13 to 15 shall ensureequality of treatment to seafarers Irrespective of their place of . Each Member shall endeavour to participate with everyother Member concerned in schemes for the maintenance of rights in course ofacquisition. as regards each branch of social security specified in Artide 3.for which each of these Members has legislation in force. for the benefit ofpersons who have been subject successively or alternately, in the capacity ofseafarers, to the legislation of the said Members. The schemes for the maintenance of rights in course ofacquisition referred to in Artide 21 shall provide for the adding together, tothe extent necessary, of periods of insurance. employment or , as thecase may be, completed under the legislation of the Members concerned for thepurposes of acquisition, maintenance or recovery of rights and. as the case maybe, calculation of benefits. The schemes for the maintenance of rights in course ofacquisition referred to in Artide 21 shall determine the formula for awardinginvalidity, old-age and survivors" benefits, as well as the apportionment,where appropriate, of the costs involved. Each Member shall guarantee the provision of invalidity,old-age and survivors" cash benefits, pensions in respect of employmentinjuries and death grants. which a right is acquired under its legislation, tobeneficiaries who are nationals of Prop.1988/89: 122 a Member or refugees or stateless persons, irrespective oftheir place of , Bilaea7 subject to measures for this purpose being taken, where necessary, by agreement ° between the Members or with the States concerned. Notwithstanding the provisions of Artide 24, in the caseof non-contributory benefits the Meipbers concerned shall determine by mutualagreement the conditions under which the provision of these benefits shall beguaranteed to beneficiaries resident outside the territory of the competentMember. A Member having accepted the obligations of the Equalityof Treatment () Convention, 1962, for one or more of thebranches of social security referred to in Artide 24, but not those of theMaintenance of Social Security Rights Convention, 1982, may, in respect of eachbranch for which it has accepted the obligations of the first-mentionedConvention, derogate from the provisions of Artide 24 and apply in its placethe provisions of Artide 5 of that Convention. Members concerned shall endeavour to participate inschemes for the maintenance of rights acquired under their legislation asregards each of the following branches of social security for which each ofthese Members has legislation applicable to seafarers in force: care,sickness benefit, unemployment benefit, employment injury benefits other thanpensions and death grants, family benefit and maternity benefit. These schemesshall guarantee such benefits to persons resident or temporarily resident inthe territory of one of these Members other than the competent Member, underconditions and within limits to be determined by mutual agreement between theMembers concerned. Artide 28 The provisions of this Part do not apply tosocial and assistance. Members may derogate from the provisions of Artides 16 to25 and Artide 27 by making special arrangements in the framework of bilateralor multilateral instruments conduded amongst two or more of them, on conditionthat these do not affect the rights and obligations of other Members andprovide for the protection of foreign or migrant seafarers in matters of socialsecurity under provisions which, in the aggregate, are at least as favourableas those required under these Artides. Part V. Legal and administrative safeguards person concerned shall have a right of appeal incase of refusal of the benefit or complaint as to its nature, level, amount orquality. Where a government department responsible to a legislatureis entrusted with the administration of care, every person concernedshall have a right, in addition to the right of appeal provided for in Artide30, to have a complaint concerning the refusal of care or the qualityof the care received investigat-ed by the appropriate authority. 1988/89: 122 Each Member shall make provision for securing the rapidand inexpensive Bilaga 7 settlement of disputes concerning the shipowner'sliabihty provided for in Artides 13 to 15. Members shall accept general responsibility for the dueprovision of the benefits provided in compliance with this Convention and shalltake all measures required for this purpose. Members shall accept general responsibility for the properadministration of the institutions and services concerned in the application ofthis Convention. Where the administration is not entmsted to an institutionregulated by the public authorities or to a government depanment responsible toa legislature- (a) representatives of the seafarers protected shallparticipate in the management under conditions prescribed by national legislation; (b) national legislation shall also,where appropriate, provide for the participation of representatives of theshipowners; (c) national legislation may alsoprovide for the participation of representatives of the public authorities. This Convention revises the (Sea)Convention, 1936, and the (Seafarers) Conventions, 1946. The formål ratifications of this Convention shall becommunicated to the Director-General of the International Labour Office forregistration. This Conventionshall be binding only upon those Members of the whose ratifications have been registered with the Director-Generalof the International Labour Office. It shall comeinto force twelve months after the date on which the ratifications of twoMembers have been registered with the Director-General of the InterationalLabour Office. Thereafter,this Convention shall come into force for any Member twelve months after thedate on which its ratification has been registered. Each Member which ratifies this Convention undertakes toapply it to non-metropolitan territories for whose intemational relations it isresponsible in accordance with the provisions of the Constitution of theInternational . A Member which has ratified this Convention maydenounce it after the expiration of ten years from the date on which theConvention first comes into force, by an act communicated to theDirector-General of the International Labour Office for registration. Such denunciation shallnot take effect until one Prop. 1988/89: 122 year after the date on which it is registered. Each Member which has ratified this Convention andwhich does not, within the year following the expiration of the period of tenyears mentioned in the preceding paragraph, exercise the right of denunciationprovided for in this Artide, will be bound for another period of ten years and,thereafter, may denounce this Convention at the expiration of each period often years under the terms provided for in this Artide. TheDirector-General of the International Labour Office shall notify all Members ofthe of all ratificationsand denunciations communicated to him by the Members of the Organisation. When notifyingthe Members of of the second ratificationcommunicated to him, the Director-General of the International Labour Officeshall draw the attention of the Members of the Organisation to the date uponwhich the Convention will come into force. The Director-General of the International Labour Officeshall communicate to the Secretary-General of the United Nations forregistration in accordance with Artide 102 of the Charter of the United Nationsfull particulars of all ratifications and acts of denunciation registered byhim in accordance with the provisions of the preceding Artides. At such times as it may consider necessary the GoverningBody of the International Labour Office shall present to the General report on the working of this Convention and shall examine the desirabilityof placing on the agenda of the Conference the question of its revision inwhole or in part. Should the Conference adopt a new Conventionrevising this Convention in whole or in part, then, unless the new Convention otherwise provides - (a) the ratification by a Member of thenew revising Convention shall ipso jure involve the immediate denunciation ofthis Convention, notwithstanding the provisions of Artide 40 above, if and whenthe new revising Convention shall have come into force; (b) as from the date when the newrevising Convention comes into force this Convention shall cease to be open toratification by the Members. This Convention shall in any case remain in forcein its actual form and content for those Members which have ratified it but have not ratified therevising Convention. The English and French versions of the text of thisConvention are equally authorilative. (översättning) Prop. 1988/89:122 Bilaga 8 Konvention om social trygghet för sjömän (reviderad) Internationella arbetsorganisationens allmänna konferens, som av styrelsen för harsammankallats till och där samlats till sittsjuttiofjärde möte, som har beslutat att anta vissa förslag om skyddet av densociala tryggheten för sjömän, inbegripet sådana sjömän som tjänstgör på fartygsom för en annan flagg än deras eget lands, vilken fråga är den tredje punktenpå mötets dagordning, och som har bestämt att dessa förslag skall ta formen av eninternationell konvention som reviderar konvention om sjukförsäkringför sjömän och konvention om social trygghet för sjömän, antar denna den nionde dagen årnittonhundraåttiosju följande konvention, som kan kallas konvention omsocial trygghet för sjömän (reviderad): 1 denna konvention skall a) med termen"medlem" förstås varje medlem av den som är bunden av konventionen; b)termen"lagstiftning" innefatta alla bestämmelser om social trygghet,ävensom lagar och föreskrifter; c) med termen"sjömän" förstås personer som är anställda i någon befattning ombordpå ett sjögående fartyg, som transporterar last eller passagerare i handelssyfte,används för andra kommersiella syften eller är en sjögående bogserbåt, medundantag för personer som är anställda ombord på 1) små fartyg,inbegripet sådana som främst drivs med segel, vare sig de är utrustade medhjälpmotor eller inte,