SAMI Briefing Maritime Labour Convention FAQs and Text March 2013

Social protection is referred to as the set of public measures that a society provides forits members to protect them against economic and social distress that would be caused bythe absence or a substantial reduction of income from work as a result of variouscontingencies (sickness, maternity, employment injury, unemployment, invalidity, old age,and death of the breadwinner); the provision of health care; and, the provision of benefitsfor families with children. This concept of social protection is also reflected in the variousILO standards. By definition, social protection is broader and more inclusive than socialsecurity since it incorporates non-statutory or private measures for providing socialsecurity, but still encompasses traditional social security measures such as socialassistance, social insurance and universal social security benefits. It may be noted thatthere are significant differences among societies and institutions around the world of howthey define and approach social protection.C4.5.b. What does the MLC, 2006 require for social security?The MLC, 2006 requires that all seafarers be provided with social protection. Thiscovers a number of complementary requirements including prevention based approaches inconnection with occupational safety and health, medical examinations, hours of work andrest and catering. Social protection is mainly addressed in Title 4 with respect to Medicalcare (Regulation 4.1); Shipowners’ liability (Regulation 4.2) and Social security(Regulation 4.5). Regulation 4.5 and the related Standard A4.5 reflect an approach thatrecognizes the wide range of national systems and schemes and differing areas of coveragewith respect to the provision of social security. Under Standard A4.5, paragraphs 1, 2and 3, a ratifying country is required to “take steps according to its national circumstances”to provide the complementary social security protection, in at least three branches [seeC4.5.c. What is meant by “branches of social security”?] to all seafarers ordinarily residentin its territory. The resulting protection must be no less favourable than that enjoyed byshoreworkers resident in its territory. If a country's social security system for seafarers atleast meets these two basic conditions, the country is in a position to ratify the MLC, 2006as far as its obligation to provide social security to seafarers is concerned. Flexibility isprovided to facilitate the fulfillment of this obligation [see C4.5.f. What are the differentways that social security can be provided under the MLC, 2006?].Although the aim of Regulation 4.5 is that all seafarers, whatever their nationality orresidence and whatever the flags of the ships they work on, should be protected bycomprehensive social security protection, the undertaking under the MLC, 2006 of eachratifying country is not to provide such comprehensive coverage outright, but rather toprogress towards it: “to take steps, according to its national circumstances ... to achieveprogressively" comprehensive social security protection for seafarers”.C4.5.c. What is meant by “branches of social security”?Branches of social security refer to various types of benefits classified in relation tothe contingency which they seek to address and for the support of which they are provided.These social security branches in the MLC,2006 correspond to the nine classical branchesof social security laid down and defined in the Social Security (Minimum Standards)Convention, 1952 (No. 102), 32 which should be referred to for guidance on thecomponents and protection required under the respective branches. These nine branchesare:• Medical care32 To be found at: www.ilo.org/normesFAQ 37