КОНВЕНЦИЯ 2006 ГОДА О ТРУДЕ В МОРСКОМ СУДОХОДСТВЕ. Конвенция. Международная организация труда. 23.02.06

Standard A4.2
                        Shipowners` liability

     1.  Each  Member  shall adopt laws and regulations requiring that
shipowners  of  ships  that  fly  its  flag are responsible for health
protection  and  medical  care  of  all seafarers working on board the
ships in accordance with the following minimum standards:
     (a)  shipowners  shall  be liable to bear the costs for seafarers
working  on  their  ships  in  respect  of  sickness and injury of the
seafarers  occurring  between the date of commencing duty and the date
upon  which  they  are  deemed duly repatriated, or arising from their
employment between those dates;
     (b)   shipowners  shall  provide  financial  security  to  assure
compensation  in  the  event  of  the death or long-term disability of
seafarers due to an occupational injury, illness or hazard, as set out
in  national  law,  the  seafarers` employment agreement or collective
agreement;
     (c)  shipowners  shall be liable to defray the expense of medical
care,  including  medical  treatment  and  the supply of the necessary
medicines  and therapeutic appliances, and board and lodging away from
home  until  the  sick or injured seafarer has recovered, or until the
sickness or incapacity has been declared of a permanent character; and
     (d) shipowners shall be liable to pay the cost of burial expenses
in the case of death occurring on board or ashore during the period of
engagement.
     2.  National  laws  or regulations may limit the liability of the
shipowner  to defray the expense of medical care and board and lodging
to  a period which shall not be less than 16 weeks from the day of the
injury or the commencement of the sickness.
     3.  Where  the  sickness or injury results in incapacity for work
the shipowner shall be liable:
     (a)  to  pay  full wages as long as the sick or injured seafarers
remain  on  board  or  until  the  seafarers  have been repatriated in
accordance with this Convention; and
     (b)  to  pay  wages in whole or in part as prescribed by national
laws  or  regulations or as provided for in collective agreements from
the  time  when  the  seafarers  are repatriated or landed until their
recovery  or,  if  earlier,  until  they are entitled to cash benefits
under the legislation of the Member concerned.
     4.  National  laws  or regulations may limit the liability of the
shipowner to pay wages in whole or in part in respect of a seafarer no
longer on board to a period which shall not be less than 16 weeks from
the day of the injury or the commencement of the sickness.
     5.  National  laws  or regulations may exclude the shipowner from
liability in respect of:
     (a) injury incurred otherwise than in the service of the ship;
     (b)  injury or sickness due to the wilful misconduct of the sick,
injured or deceased seafarer; and
     (c)  sickness  or  infirmity  intentionally  concealed  when  the
engagement is entered into.
     6.  National  laws  or  regulations may exempt the shipowner from
liability  to defray the expense of medical care and board and lodging
and  burial  expenses  in  so  far as such liability is assumed by the
public authorities.
     7.  Shipowners  or  their representatives shall take measures for
safeguarding  property  left  on  board  by  sick, injured or deceased
seafarers and for returning it to them or to their next of kin.