Konvencija o radu pomoraca, 2006 (engleski i hrvatski jezik)
Konvencija o radu pomoraca, 2006 (engleski i hrvatski jezik) Konvencija o radu pomoraca, 2006 (engleski i hrvatski jezik)
2. International cooperation in the field of health protection and medical care for seafarers should be based on bilateral or multilateral agreements or consultations among Members. Guideline B4.1.5 - Dependants of seafarers 1. Each Member should adopt measures to secure proper and sufficient medical care for the dependants of seafarers domiciled in its territory pending the development of a medical care service which would include within its scope workers generally and their dependants where such services do not exist and should inform the International Labour Office concerning the measures taken for this purpose. Regulation 4.2 - Shipowners’ liability Purpose: To ensure that seafarers are protected from the financial consequences of sickness, injury or death occurring in connection with their employment 1. Each Member shall ensure that measures, in accordance with the Code, are in place on ships that fly its flag to provide seafarers employed on the ships with a right to material assistance and support from the shipowner with respect to the financial consequences of sickness, injury or death occurring while they are serving under a seafarers’ employment agreement or arising from their employment under such agreement. 2. This Regulation does not affect any other legal remedies that a seafarer may seek. Standard A4.2 - Shipowners’ liability 1. Each Member shall adopt laws and regulations requiring that shipowners of ships that fly its flag are responsible for health protection and medical care of all seafarers working on board the ships in accordance with the following minimum standards: (a) shipowners shall be liable to bear the costs for seafarers working on their ships in respect of sickness and injury of the seafarers occurring between the date of commencing duty and the date upon which they are deemed duly repatriated, or arising from their employment between those dates; (b) shipowners shall provide financial security to assure compensation in the event of the death or longterm disability of seafarers due to an occupational injury, illness or hazard, as set out in national law, the seafarers’ employment agreement or collective agreement; (c) shipowners shall be liable to defray the expense of medical care, including medical treatment and the supply of the necessary medicines and therapeutic appliances, and board and lodging away from home until the sick or injured seafarer has recovered, or until the sickness or incapacity has been declared of a permanent character; and (d) shipowners shall be liable to pay the cost of burial expenses in the case of death occurring on board or ashore during the period of engagement. 2. National laws or regulations may limit the liability of the shipowner to defray the expense of medical care and board and lodging to a period which shall not be less than 16 weeks from the day of the injury or the commencement of the sickness. 3. Where the sickness or injury results in incapacity for work the shipowner shall be liable: (a) to pay full wages as long as the sick or injured seafarers remain on board or until the seafarers have been repatriated in accordance with this Convention; and 172
(b) to pay wages in whole or in part as prescribed by national laws or regulations or as provided for in collective agreements from the time when the seafarers are repatriated or landed until their recovery or, if earlier, until they are entitled to cash benefits under the legislation of the Member concerned. 4. National laws or regulations may limit the liability of the shipowner to pay wages in whole or in part in respect of a seafarer no longer on board to a period which shall not be less than 16 weeks from the day of the injury or the commencement of the sickness. 5. National laws or regulations may exclude the shipowner from liability in respect of: (a) injury incurred otherwise than in the service of the ship; (b) injury or sickness due to the wilful misconduct of the sick, injured or deceased seafarer; and (c) sickness or infirmity intentionally concealed when the engagement is entered into. 6. National laws or regulations may exempt the shipowner from liability to defray the expense of medical care and board and lodging and burial expenses in so far as such liability is assumed by the public authorities. 7. Shipowners or their representatives shall take measures for safeguarding property left on board by sick, injured or deceased seafarers and for returning it to them or to their next of kin. Guideline B4.2 - Shipowners’ liability 1. The payment of full wages required by Standard A4.2, paragraph 3(a), may be exclusive of bonuses. 2. National laws or regulations may provide that a shipowner shall cease to be liable to bear the costs of a sick or injured seafarer from the time at which that seafarer can claim medical benefits under a scheme of compulsory sickness insurance, compulsory accident insurance or workers’ compensation for accidents. 3. National laws or regulations may provide that burial expenses paid by the shipowner shall be reimbursed by an insurance institution in cases in which funeral benefit is payable in respect of the deceased seafarer under laws or regulations relating to social insurance or workers’ compensation. Regulation 4.3 - Health and safety protection and accident prevention Purpose: To ensure that seafarers’ work environment on board ships promotes occupational safety and health 1. Each Member shall ensure that seafarers on ships that fly its flag are provided with occupational health protection and live, work and train on board ship in a safe and hygienic environment. 2. Each Member shall develop and promulgate national guidelines for the management of occupational safety and health on board ships that fly its flag, after consultation with representative shipowners’ and seafarers’ organizations and taking into account applicable codes, guidelines and standards recommended by international organizations, national administrations and maritime industry organizations. 3. Each Member shall adopt laws and regulations and other measures addressing the matters specified in the Code, taking into account relevant international instruments, and set standards for occupational safety and health protection and accident prevention on ships that fly its flag. 173
- Page 122 and 123: agreement; (h) seafarer recruitment
- Page 124 and 125: Regulations and Parts A And B of th
- Page 126 and 127: Certification of Able Seamen Conven
- Page 128 and 129: Convention as amended shall come in
- Page 130 and 131: Member which: (i) pursuant to parag
- Page 132 and 133: TITLE 1. MINIMUM REQUIREMENTS FOR S
- Page 134 and 135: medical practitioner, provided that
- Page 136 and 137: y the shipowner; and (c) ensure tha
- Page 138 and 139: (ii) record of employment; (iii) pe
- Page 140 and 141: 3. The document referred to in para
- Page 142 and 143: equired of a rating serving in the
- Page 144 and 145: Guideline B2.2.3 - Minimum wages 1.
- Page 146 and 147: in the working language or language
- Page 148 and 149: Guideline B2.4.2 - Taking of annual
- Page 150 and 151: een made in accordance with paragra
- Page 152 and 153: 3. If, after young seafarers under
- Page 154 and 155: lists, by categories, of qualified
- Page 156 and 157: (a) the size of rooms and other acc
- Page 158 and 159: performing the duties of ships’ o
- Page 160 and 161: variations in respect of this Stand
- Page 162 and 163: 7. Berths should not be arranged in
- Page 164 and 165: Guideline B3.1.9 - Other facilities
- Page 166 and 167: of appropriate quality, nutritional
- Page 168 and 169: TITLE 4. HEALTH PROTECTION, MEDICAL
- Page 170 and 171: in Accidents Involving Dangerous Go
- Page 174 and 175: Standard A4.3 - Health and safety p
- Page 176 and 177: (j) fire prevention and fire-fighti
- Page 178 and 179: Guideline B4.3.6 - Investigations 1
- Page 180 and 181: (a) the lifting, moving or carrying
- Page 182 and 183: 2. Arrangements for the supervision
- Page 184 and 185: 2. Adequate means of transport at m
- Page 186 and 187: Guideline B4.5 - Social security 1.
- Page 188 and 189: Standard A5.1.1 - General principle
- Page 190 and 191: 5. Each Member should require the r
- Page 192 and 193: 8. A full inspection in accordance
- Page 194 and 195: compliance is given in Appendix B5-
- Page 196 and 197: provided for and effectively enforc
- Page 198 and 199: Regulation 5.1.5 - On-board complai
- Page 200 and 201: compliance required under Regulatio
- Page 202 and 203: 2. When developing a policy relatin
- Page 204 and 205: securing the services of a seafarer
- Page 206 and 207: This is to certify: 1. That this sh
- Page 208 and 209: Maritime Labour Convention, 2006 De
- Page 210 and 211: Exemptions (Note: Strike out the st
- Page 212 and 213: I hereby certify that the above mea
- Page 214 and 215: Interim Maritime Labour Certificate
- Page 216 and 217: Appendix A5-111 General areas that
- Page 218 and 219: 2. Medical certification (Regulatio
(b) to pay wages in whole or in part as prescribed by national laws or regulations or as provided for in<br />
collective agreements from the time when the seafarers are repatriated or landed until their recovery or,<br />
if earlier, until they are entitled to cash benefits under the legislation of the Member concerned.<br />
4. National laws or regulations may limit the liability of the shipowner to pay wages in whole or in part<br />
in respect of a seafarer no longer on board to a period which shall not be less than 16 weeks from the<br />
day of the injury or the commencement of the sickness.<br />
5. National laws or regulations may exclude the shipowner from liability in respect of:<br />
(a) injury incurred otherwise than in the service of the ship;<br />
(b) injury or sickness due to the wilful misconduct of the sick, injured or deceased seafarer; and<br />
(c) sickness or infirmity intentionally concealed when the engagement is entered into.<br />
6. National laws or regulations may exempt the shipowner from liability to defray the expense of<br />
medical care and board and lodging and burial expenses in so far as such liability is assumed by the<br />
public authorities.<br />
7. Shipowners or their representatives shall take measures for safeguarding property left on board by<br />
sick, injured or deceased seafarers and for returning it to them or to their next of kin.<br />
Guideline B4.2 - Shipowners’ liability<br />
1. The payment of full wages required by Standard A4.2, paragraph 3(a), may be exclusive of bonuses.<br />
2. National laws or regulations may provide that a shipowner shall cease to be liable to bear the costs<br />
of a sick or injured seafarer from the time at which that seafarer can claim medical benefits under a<br />
scheme of compulsory sickness insurance, compulsory accident insurance or workers’ compensation<br />
for accidents.<br />
3. National laws or regulations may provide that burial expenses paid by the shipowner shall be<br />
reimbursed by an insurance institution in cases in which funeral benefit is payable in respect of the<br />
deceased seafarer under laws or regulations relating to social insurance or workers’ compensation.<br />
Regulation 4.3 - Health and safety protection and accident prevention<br />
Purpose: To ensure that seafarers’ work environment on board ships promotes occupational safety and<br />
health<br />
1. Each Member shall ensure that seafarers on ships that fly its flag are provided with occupational<br />
health protection and live, work and train on board ship in a safe and hygienic environment.<br />
2. Each Member shall develop and promulgate national guidelines for the management of occupational<br />
safety and health on board ships that fly its flag, after consultation with representative shipowners’ and<br />
seafarers’ organizations and taking into account applicable codes, guidelines and standards recommended<br />
by international organizations, national administrations and maritime industry organizations.<br />
3. Each Member shall adopt laws and regulations and other measures addressing the matters specified<br />
in the Code, taking into account relevant international instruments, and set standards for occupational<br />
safety and health protection and accident prevention on ships that fly its flag.<br />
173