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

Standard A4.5
                           Social security

     1.  The  branches  to  be  considered  with  a  view to achieving
progressively   comprehensive   social   security   protection   under
Regulation  4.5  are:  medical  care,  sickness  benefit, unemployment
benefit,  old-age  benefit, employment injury benefit, family benefit,
maternity   benefit,   invalidity   benefit  and  survivors`  benefit,
complementing  the  protection  provided for under Regulations 4.1, on
medical  care,  and  4.2,  on  shipowners`  liability, and under other
titles of this Convention.
     2.  At the time of ratification, the protection to be provided by
each  Member  in  accordance  with  Regulation 4.5, paragraph 1, shall
include  at  least three of the nine branches listed in paragraph 1 of
this Standard.
     3.  Each  Member  shall  take  steps  according  to  its national
circumstances  to provide the complementary social security protection
referred  to  in  paragraph  1  of  this  Standard  to  all  seafarers
ordinarily  resident  in  its  territory. This responsibility could be
satisfied,  for example, through appropriate bilateral or multilateral
agreements  or  contribution-based  systems.  The resulting protection
shall be no less favourable than that enjoyed by shoreworkers resident
in their territory.
     4.   Notwithstanding   the  attribution  of  responsibilities  in
paragraph 3 of this Standard, Members may determine, through bilateral
and  multilateral  agreements  and  through  provisions adopted in the
framework  of regional economic integration organizations, other rules
concerning  the  social  security  legislation  to which seafarers are
subject.
     5.  Each  Member`s  responsibilities with respect to seafarers on
ships   that  fly  its  flag  shall  include  those  provided  for  by
Regulations  4.1  and  4.2  and the related provisions of the Code, as
well  as  those  that  are  inherent  in its general obligations under
international law.
     6.  Each  Member  shall give consideration to the various ways in
which  comparable  benefits  will, in accordance with national law and
practice, be provided to seafarers in the absence of adequate coverage
in the branches referred to in paragraph 1 of this Standard.
     7.  The  protection  under  Regulation  4.5, paragraph 1, may, as
appropriate,  be  contained in laws or regulations, in private schemes
or in collective bargaining agreements or in a combination of these.
     8. To the extent consistent with their national law and practice,
Members  shall cooperate, through bilateral or multilateral agreements
or  other  arrangements,  to ensure the maintenance of social security
rights,  provided  through  contributory  or non-contributory schemes,
which  have been acquired, or are in the course of acquisition, by all
seafarers regardless of residence.
     9.  Each Member shall establish fair and effective procedures for
the settlement of disputes.
     10.  Each  Member  shall  at the time of ratification specify the
branches for which protection is provided in accordance with paragraph
2  of this Standard. It shall subsequently notify the Director-General
of  the  International  Labour Office when it provides social security
protection  in  respect  of  one  or  more  other  branches  stated in
paragraph  1  of  this Standard. The Director-General shall maintain a
register  of  this  information  and  shall  make  it available to all
interested parties.
     11.  The  reports  to the International Labour Office pursuant to
article  22  of  the  Constitution,  shall  also  include  information
regarding  steps taken in accordance with Regulation 4.5, paragraph 2,
to extend protection to other branches.