C165 - Social Security (Seafarers) Convention (Revised), 1987 (No. 165)

• Subject Matter: Seafarers,Gens de mer,Gente de mar
• Court: International Labour Organization

Preamble

The General Conference of the International Labour Organisation,

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 Organisation 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 consultation with the most representative organisations 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 seafarers 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 1 of the Convention relating to the Status of Stateless Persons of 28 September 1954.

Article 2

1. 1. The Convention applies to all seafarers and, where applicable, their dependants and their survivors.
2. 2. To the extent it deems practicable, after consultation with the representative organisations 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...