海员养老金公约
|
第71号公约 [Date of coming into force： 10 October 1962.] The General Conference of the International Labour Organization， Having been convened at Seattle by the Governing Body of theInternational Labour Office， and having met in its Twenty-eighth Sessionon 6 June 1946， and Having decided upon the adoption of certain proposals with regard toseafarers' pensions， which is included in the second item on the agendaof the Session， and Having determined that these proposals shall take the form of aninternational Convention， adopts this twenty-eighth day of June of theyear one thousand nine hundred and forty-six the following Convention，which may be cited as the Seafarers' Pensions Convention， 1946： Article 1 In this Convention the term “seafarer” includes every person employedon board or in the service of any sea-going vessel， other than a ship ofwar， which is registered in a territory for which the Convention is inforce. Article 2 1. Each Member of the International Labour Organization for which thisConvention is in force shall， in accordance with national laws orregulations， establish or secure the establishment of a scheme for thepayment of pensions to seafarers on retirement from sea service. 2. The schema may embody such exceptions as the Member deems necessaryin respect of—— （a） persons employed on board or in the service of （i） vessels of public authorities when such vessels are notengaged in trade； （ii） vessels which are not engaged in the transport of cargoor passengers for the purpose of trade； （iii） fishing vessels； （iv） vessels engaged in hunting seals； （v） vessels of less than 200 gross register tons； （vi） wooden ships of primitive build such as dhows and junks； （vii） in so far as ships registered in India are concerned andfor a period not exceeding five years from the date of the registration ofthe ratification of the Convention by India， home-trade vessels of a grossregister tonnage not exceeding 300 tons； （b） members of the shipowner's family； （c） pilots not members of the crew； （d） persons employed on board or in the service of the ship by anemployer other than the shipowner， except radio officers or operators andcatering staff； （e） persons employed in port who are not ordinarily employed atsea； （f） salaried employees in the service of a national publicauthority who are entitled to benefits at least equivalent on the whole tothose provided for in this Convention； （g） persons not remunerated for their services or remunerated onlyby a nominal salary or wage， or remunerated exclusively by a share ofprofits； （h） persons working exclusively on their own account； （i） persons employed on board or in the service of whale-catching，floating factory or transport vessels or otherwise for the purpose ofwhaling or similar operations under conditions regulated by the provisionsof a special collective whaling or similar agreement determining the ratesof pay， hours of work and other conditions of service concluded by anorganization of seafarers concerned； （j） persons not resident in the territory of the Member； （k） persons not nationals of the Member. Article 3 1. The scheme shall comply with one of the following conditions： （a） the pensions provided by the scheme—— （i） shall be payable to seafarers having completed aprescribed period of sea service on attaining the age of fifty-five orsixty years as may be prescribed by the scheme； and （ii） shall， together with any other social security pensionpayable simultaneously to the pensioner， be at a rate not less than thetotal obtained by computing for each year of his sea service 1.5 per cent.of the remuneration on the basis of which contributions were paid inrespect of him for that year if the scheme provides pensions on attainingthe age of fifty-five years or 2 per cent. of such remuneration if thescheme provides pensions at the age of sixty years； or （b） the scheme shall provide pensions the financing of which，together with the financing of any other social security Pension payablesimultaneously to the pensioner and any social security benefits payableto the dependants （as defined by national laws or regulations） of deceasedpensioners， requires a premium income from all sources which is not lessthan 10 per cent. of the total remuneration on the basis of whichcontributions are paid to the scheme. 2. Seafarers collectively shall not contribute more than half the costof the pensions payable under the scheme. Article 4 1. The scheme shall make appropriate provision for the maintenance ofrights in course of acquisition by persons ceasing to be subject theretoor for the payment to such persons of a benefit representing a return forthe contributions credited to their account. 2. The scheme shall grant a right of appeal in any dispute arisingthereunder. 3. The scheme may provide for the forfeiture or suspension of theright to a pension in whole or in part if the person concerned has actedfraudulently. 4. The shipowners and the seafarers who contribute to the cost of thepensions payable under the scheme shall be entitled to participate throughrepresentatives in the management of the scheme. Article 5 The formal ratifications of this Convention shall be communicated tothe Director-General of the International Labour Office for registration. Article 6 1. This Convention shall be binding only upon those Members of theInternational Labour Organization whose ratifications have been registeredwith the Director-General. 2. It shall come into force six months after the date on which therehave been registered ratifications by five of the following countries：United States of America， Argentine Republic， Australia， Belgium， Brazil，Canada， Chile， China， Denmark， Finland， France， United Kingdom of GreatBritain and Northern Ireland， Greece， India， Ireland， Italy， Netherlands，Norway， Poland， Portugal， Sweden， Turkey and Yugoslavia， including atleast three countries each of which has at least one million grossregister tons of shipping. This provision is included for the purpose offacilitating and encouraging early rectification of the Convention byMember States. 3. Thereafter， this Convention shall come into force for any Membersix months after the date on which its ratification has been registered. Article 7 1. A Member which has ratified this Convention may denounce it afterthe expiration of ten years from the date on which the Convention comesinto force， by an act communicated to the Director-General of theInternational Labour Office for registration. Such denunciation shall nottake effect until one year after the date on which it is registered. 2. Each Member which has ratified this Convention and which does not，within the year following the expiration of the period of ten yearsmentioned in the preceding paragraph， exercise the right of denunciationprovided for in this Article， will be bound for another period of tenyears and， thereafter， may denounce this Convention at the expiration ofeach period of ten years under the terms provided for in this Article. Article 8 1. The Director-General of the International Labour Office shallnotify all the Members of the International Labour Organization of theregistration of all ratifications and denunciations communicated to him bythe Members of the Organization. 2. When notifying the Members of the Organization of the registrationof the last of the ratifications required to bring the Convention intoforce， the Director-General shall draw the attention of the Members of theOrganization to the date upon which the Convention will come into force. Article 9 The Director-General of the International Labour Office shallcommunicate to the Secretary-General of the United Nations forregistration in accordance with Article 102 of the Charter of the UnitedNations full particulars of all ratifications and acts of denunciationregistered by him in accordance with the provisions of the precedingArticles. Article 10 At such times as it may consider necessary the Governing Body of theInternational Labour Office shall present to the General Conference areport on the working of this Convention and shall examine thedesirability of placing on the agenda of the Conference the question ofits revision in whole or in part. Article 11 1. Should the Conference adopt a new Convention revising thisConvention in whole or in part， then， unless the new Convention otherwiseprovides， （a） the ratification by a Member of the new revising Conventionshall ipso jure involve the immediate denunciation of this Convention，notwithstanding the provisions of Article 7 above， if and when the newrevising Convention shall have come into force； （b） as from the date when the new revising Convention comes intoforce， this Convention shall cease to be open to ratification by theMembers. 2. This Convention shall in any case remain in force in its actualform and content for those Members which have ratified it but have notratified the revising Convention. Article 12 The English and French versions of the text of this Convention areequally authoritative |
