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

Guideline B4.5
                           Social security

     1.  The  protection to be provided at the time of ratification in
accordance  with  Standard  A4.5, paragraph 2, should at least include
the  branches  of medical care, sickness benefit and employment injury
benefit.
     2.  In  the circumstances referred to in Standard A4.5, paragraph
6,  comparable  benefits  may be provided through insurance, bilateral
and  multilateral  agreements  or  other  effective means, taking into
consideration   the   provisions  of  relevant  collective  bargaining
agreements. Where such measures are adopted, seafarers covered by such
measures  should be advised of the means by which the various branches
of social security protection will be provided.
     3.  Where  seafarers  are  subject  to  more  than  one  national
legislation  covering  social  security,  the Members concerned should
cooperate  in order to determine by mutual agreement which legislation
is to apply, taking into account such factors as the type and level of
protection  under the respective legislations which is more favourable
to the seafarer concerned as well as the seafarer`s preference.
     4.   The  procedures  to  be  established  under  Standard  A4.5,
paragraph  9, should be designed to cover all disputes relevant to the
claims of the seafarers concerned, irrespective of the manner in which
the coverage is provided.
     5.   Each  Member  which  has  national  seafarers,  non-national
seafarers  or  both  serving on ships that fly its flag should provide
the  social  security  protection in the Convention as applicable, and
should  periodically review the branches of social security protection
in  Standard  A4.5,  paragraph  1,  with  a  view  to  identifying any
additional branches appropriate for the seafarers concerned.
     6.  The seafarers` employment agreement should identify the means
by  which  the  various branches of social security protection will be
provided  to  the  seafarer  by  the  shipowner  as  well as any other
relevant  information  at  the  disposal  of  the  shipowner,  such as
statutory   deductions  from  the  seafarers`  wages  and  shipowners`
contributions which may be made in accordance with the requirements of
identified  authorized  bodies  pursuant  to  relevant national social
security schemes.
     7.  The  Member  whose flag the ship flies should, in effectively
exercising  its  jurisdiction over social matters, satisfy itself that
the shipowners` responsibilities concerning social security protection
are  met,  including  making  the  required  contributions  to  social
security schemes.