在船舶灭失或沉没时的失业赔偿公约

第8号公约
颁布日期：19200615　实施日期：19230316　颁布单位：热那亚

　　[Date of coming into force： 16 March 1923.]

　　The General Conference of the International Labour Organization，

　　Having been convened¹ at Genoa by the Governing Body of theInternational Labour Office， on the 15th day of June 1920， and

　　Having decided² upon the adoption³ of certain proposals with regard tothe supervision⁴ of articles of agreement； provision of facilities forfinding employment for seamen⁵； application to seamen of the Convention andRecommendations adopted at Washington in November last in regard tounemployment and unemployment insurance， which is the second item in theagenda for the Genoa meeting of the Conference， and

　　Having determined⁶ that these proposals shall take the form of aninternational Convention， adopts the following Convention， which may becited as the Unemployment Indemnity⁷ （Shipwreck⁸） Convention， 1920， forratification by the Members of the International Labour Organization inaccordance with the provisions of the Constitution of the InternationalLabour Organization：

　　Article 1

　　1. For the purpose of this Convention， the term “seamen” includes allpersons employed on any vessel¹⁰ engaged in maritime¹¹ navigation.

　　2. For the purpose of this Convention， the term “vessel” includes allships and boats， of any nature whatsoever¹²， engaged in maritime navigation，whether publicly or privately¹³ owned； it excludes ships of war.

　　Article 2

　　1. In every case of loss or foundering¹⁴ of any vessel， the owner orperson with whom the seaman¹⁵ has contracted for service on board the vesselshall pay to each seaman employed thereon an indemnity againstunemployment resulting from such loss or foundering.

　　2. This indemnity shall be paid for the days during which the seamanremains in fact unemployed¹⁶ at the same rate as the wages payable¹⁷ under thecontract， but the total indemnity payable under this Convention to any oneseaman may be limited to two months' wages.

　　Article 3

　　Seamen shall have the same remedies for recovering such indemnities¹⁸ asthey have for recovering arrears¹⁹ of wages earned during the service.

　　Article 4

　　1. Each Member of the International Labour Organization which ratifiesthis Convention engages to apply it to its colonies， protectorates andpossessions which are not fully²⁰ self-governing——

　　（a） except where owing to the local conditions its provisions areinapplicable； or

　　（b） subject to such modifications²¹ as may be necessary to adapt itsprovisions to local conditions.

　　2. Each Member shall notify to the International Labour Office theaction taken in respect of each of its colonies， protectorates andpossessions which are not fully self-governing.

　　Article 5

　　The formal ratifications²² of this Convention， under the conditions setforth in the Constitution of the International Labour Organization， shallbe communicated to the Director-General of the International Labour Officefor registration²³.

　　Article 6

　　As soon as the ratifications of two Members of the InternationalLabour Organization have been registered with the International LabourOffice， the Director-General of the International Labour Office shall sonotify all the Members of the International Labour Organization.

　　Article 7

　　This Convention shall come into force at the date on which suchnotification is issued by the Director-General of the International LabourOffice， and it shall then be binding²⁴ only upon those Members which haveregistered their ratifications with the International Labour Office.Thereafter this Convention will come into force for any other Member atthe date on which its ratification⁹ is registered with the InternationalLabour Office.

　　Article 8

　　Subject to the provisions of Article 7， each Member which ratifiesthis Convention agrees to bring its provisions into operation not laterthan 1 July 1922， and to take such action as may be necessary to makethese provisions effective.

　　Article 9

　　A Member which has ratified²⁵ this Convention may denounce it after theexpiration of five years from the date on which the Convention first 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 withthe International Labour Office.

　　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

　　The French and English texts of this Convention shall both beauthentic