第55号公约
颁布日期：19361024　实施日期：19391029　颁布单位：日内瓦

　　[Date of coming into force： 29 October 1939.]

　　The General Conference of the International Labour Organization，

　　Having been convened¹ at Geneva by the Governing Body of theInternational Labour Office， and having met in its Twenty-first Sessionon 6 October 1936， and

　　Having decided² upon the adoption³ of certain proposals with regard tothe liability of the shipowner in case of sickness， injury or death ofseamen， which is included in the second item on the agenda of the Session，and

　　Having determined⁵ that these proposals shall take the form of aninternational Convention， adopts this twenty-fourth day of October of theyear one thousand nine hundred and thirty-six the following Convention，which may be cited as the Shipowners' Liability （Sick and Injured Seamen⁴）Convention， 1936：

　　Article 1

　　1. This Convention applies to all persons employed on board anyvessel， other than a ship of war， registered in a territory for which thisConvention is in force and ordinarily engaged in maritime⁷ navigation.

　　2. Provided that any Member of the International Labour Organizationmay in its national laws or regulations make such exceptions as it deemsnecessary in respect of

　　（a） persons employed on board，

　　（i） vessels⁸ of public authorities when such vessels are notengaged in trade；

　　（ii） coastwise fishing boats；

　　（iii） boats of less than twenty-five tons gross tonnage；

　　（iv） wooden ships of primitive⁹ build such as dhows and junks；

　　（b） persons employed on board by an employer other than theshipowner；

　　（c） persons employed solely¹⁰ in ports in repairing， cleaning，loading or unloading vessels；

　　（d） members of the shipowner's family；

　　（e） pilots.

　　Article 2

　　1. The shipowner shall be liable in respect of

　　（a） sickness and injury occurring between the date specified¹¹ in thearticles of agreement for reporting for duty and the termination of theengagement；

　　（b） death resulting from such sickness or injury.

　　2. Provided that national laws or regulations may make exceptions inrespect of

　　（a） injury incurred¹² otherwise than in the service of the ship；

　　（b） injury or sickness due to the wilful¹³ act， default ormisbehaviour of the sick， injured or deceased person；

　　（c） sickness or infirmity intentionally¹⁴ concealed¹⁵ when theengagement is entered into.

　　3. National laws or regulations may provide that the shipowner shallnot be liable in respect of sickness， or death directly attributable tosickness， if at the time of engagement the person employed refused to bemedically examined.

　　Article 3

　　For the purpose of this Convention， medical care and maintenance atthe expense of the shipowner comprises

　　（a） medical treatment and the supply of proper and sufficientmedicines and therapeutical¹⁶ appliances； and

　　（b） board and lodging¹⁷.

　　Article 4

　　1. The shipowner shall be liable to defray the expense of medical careand maintenance until the sick or injured person has been cured， or untilthe sickness or incapacity has been declared of a permanent character.

　　2. Provided that national laws or regulations may limit the liabilityof the shipowner to defray the expense of medical care and maintenance toa period which shall not be less than sixteen weeks from the day of theinjury or the commencement of the sickness.

　　3. Provided also that， if there is in force in the territory in whichthe vessel⁶ is registered a scheme applying to seamen of compulsorysickness insurance， compulsory¹⁸ accident insurance or workmen'scompensation for accidents， national laws or regulations may provide

　　（a） that a shipowner shall cease to be liable in respect of a sickor injured person from the time at which that person becomes entitled tomedical benefits under the insurance or compensation scheme；

　　（b） that the shipowner shall cease to be liable from the timeprescribed by law for the grant of medical benefits under the insurance orcompensation scheme to the beneficiaries of such schemes， even when thesick or injured person is not covered by the scheme in question， unless heis excluded from the scheme by reason of any restriction¹⁹ which affectsparticularly foreign workers or workers not resident in the territory inwhich the vessel is registered.

　　Article 5

　　1. Where the sickness or injury results in incapacity for work theshipowner shall be liable——

　　（a） to pay full wages as long as the sick or injured personremains on board；

　　（b） if the sick or injured person has dependants²⁰， to pay wages inwhole or in part as prescribed by national laws or regulations from thetime when he is landed until he has been cured or the sickness orincapacity has been declared of a permanent character.

　　2. Provided that national laws or regulations may limit the liabilityof the shipowner to pay wages in whole or in part in respect of a personno longer on board to a period which shall not be less than sixteen weeksfrom the day of the injury or the commencement of the sickness.

　　3. Provided also that， if there is in force in the territory in whichthe vessel is registered a scheme applying to seamen of compulsorysickness insurance， compulsory accident insurance or workmen'scompensation for accidents， national laws or regulations may provide

　　（a） that a shipowner shall cease to be liable in respect of a sickor injured person from the time at which that person becomes entitled tocash benefits under the insurance or compensation scheme；

　　（b） that the shipowner shall cease to be liable from the timeprescribed by law for the grant of cash benefits under the insurance orcompensation scheme to the beneficiaries of such schemes， even when thesick or injured person is not covered by the scheme in question， unless heis excluded from the scheme by reason of any restriction which affectsparticularly foreign workers or workers not resident in the territory inwhich the vessel is registered.

　　Article 6

　　1. The shipowner shall be liable to defray the expense of repatriatingevery sick or injured person who is landed during the voyage inconsequence of sickness or injury.

　　2. The port to which the sick or injured person is to be returnedshall be

　　（a） the port at which he was engaged； or

　　（b） the port at which the voyage commenced； or

　　（c） a port in his own country or the country to which he belongs；or

　　（d） another port agreed upon by him and the master or shipowner，with the approval of the competent authority.

　　3. the expense of repatriation²¹ shall include all charges for thetransportation， accommodation and food of the sick or injured personduring the journey and his maintenance up to the time fixed²² for hisdeparture.

　　4. If the sick or injured person is capable of work， the shipowner maydischarge his liability to repatriate²³ him by providing him with suitableemployment on board a vessel proceeding²⁴ to one of the destinationsmentioned in paragraph 2 of this Article.

　　Article 7

　　1. The shipowner shall be liable to defray burial expenses in case ofdeath occurring on board， or in case of death occurring on shore if at thetime of his death the deceased person was entitled to medical care andmaintenance at the shipowner's expense.

　　2. National laws or regulations may provide that burial expenses paidby the shipowner shall be reimbursed²⁵ by an insurance institution in casesin which funeral benefit is payable²⁶ in respect of the deceased personunder laws or regulations relating to social insurance or workmen'scompensation.

　　Article 8

　　National laws or regulations shall require the shipowner or hisrepresentative to take measures for safeguarding property left on board bysick， injured or deceased persons to whom this Convention applies.

　　Article 9

　　National laws or regulations shall make provision for securing therapid and inexpensive settlement of disputes concerning the liability ofthe shipowner under this Convention.

　　Article 10

　　The shipowner may be exempted²⁷ from liability under Articles 4， 6 and 7of this convention in so far as such liability is assumed by the publicauthorities.

　　Article 11

　　This Convention and national laws or regulations relating to benefitsunder this Convention shall be so interpreted and enforced as to ensureequality of treatment to all seamen irrespective of nationality， domicileor race.

　　Article 12

　　Nothing in this Convention shall affect any law， award， custom oragreement between shipowners and seamen which ensures more favourableconditions than those provided by this Convention.

　　Article 13

　　1. In respect of the territories referred to in article 35 of theConstitution of the International Labour Organization， each Member of theOrganization which ratifies²⁸ this Convention shall append to itsratification a declaration stating

　　（a） the territories in respect of which it undertakes to apply theprovisions of the Convention without modification³⁰；

　　（b） the territories in respect of which it undertakes to apply theprovisions of the Convention subject to modifications³¹， together withdetails of the said modifications；

　　（c） The territories in respect of which the Convention isinapplicable and in such cases the grounds on which it is inapplicable；

　　（d） the territories in respect of which it reserves its decision.

　　2. The undertakings³² referred to in subparagraphs （a） and （b） ofparagraph 1 of this Article shall be deemed to be an integral part of theratification and shall have the force of ratification²⁹.

　　3. Any Member may by a subsequent declaration cancel in whole or inpart any reservations made in its original declaration in virtue³³ ofsubparagraphs （b）， （c） or （d） of paragraph 1 of this Article.

　　Article 14

　　The formal ratifications³⁴ of this Convention shall be communicated tothe Director-General of the International Labour Office for registration³⁵.

　　Article 15

　　1. This Convention shall be binding³⁶ only upon those members of theInternational Labour Organization whose ratifications have been registeredwith the Director-General.

　　2. It shall come into force twelve months after the date on which theratifications of two Members have been registered with theDirector-General.

　　3. Thereafter， this Convention shall come into force for any Membertwelve months after the date on which its ratification has beenregistered.

　　Article 16

　　As soon as the ratifications of two Members of the InternationalLabour Organization have been registered， the Director-General of theInternational Labour Office shall so notify all the Members of theInternational Labour Organization. He shall likewise notify them of theregistration of ratifications which may be communicated subsequently byother Members of the Organization.

　　Article 17

　　1. A Member which has ratified³⁷ this Convention may denounce it afterthe expiration³⁸ of ten years from the date on which the Convention firstcomes into 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 18

　　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 19

　　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 immediate³⁹ denunciation of this Convention，notwithstanding the provisions of Article 17 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 20

　　The French and English texts of this Convention shall both beauthentic

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