International Journal

on Marine Navigation

and Safety of Sea Transportation

Volume 2

Number 4

December 2008

437

The Study on Social Security of Seamen

Zhang Li

Dalian Maritime University, Dalian, China

ABSTRACT: The social security of the seamen is complex and it represents the protection of the human

rights. There are a large number of seamen in China. The social security laws of the seamen in China are

behind. Together with the approval of the Maritime Universal Labor Convention of the ILO we should

regularize the social security of the seamen basong on the real conditions of China.

1 THE MEANING OF THE STUDY ON SOCIAL

SECURITY OF CHINESE SEAMEN

Seamen are special in any state because of the

speciality of seamen’s work. The characteristics of

seamen’s work are as follows (1) MOBILITY. Seamen

on board are mobile with vessels. (2) foreign-related;

(3) risks.Seamen are often faced with national risks

and artificial risks. (4) professionalism. Seamen are

asked to possess universal qualities. (5) hardship.

The condition of life in a ship is hard and seamen

often have on stores enough when a long trip. China

is a developing country and has a large number of

seamen. So social security of seamen in China has a

special meaning in international society. Together

with the approval of ILO’s Maritime Universal Labor

Convention seamen acts in china have been propose

in the agenda. There is of a seamen act in China

nowadays. This condition must be solved as soon as

possible so as to protect seamen’s special rights.

Social security of seamenis a heavy problem in

seamen laws of China. Seamen’s social security is

acute more and more. The social security problems of

seamenon board a vessel flying non - PRC flag are

acute all the more.

Seamen are a kind of special career and need

special legislation. In the thesis the writer mainly

study seamen’s rights of social security.

2 THE SCOPE OF SEAMEN’S SOCIAL

SECURITY

In the whole the social security legislation of seamen

in China is behind and the special legislation on

seamen in this aspect is blank. The scope of

seamen’s social security also covers three aspects:

social insurance, social welfare and social help.

Social insurance covers the olders insurance, disease

insurance, treatment insurance, work-wound insurance,

out-of-work insurance and so on. Although there are

not female bearing insurances nowadays in china

seamen’s social security should cover female bearing

insurance for a long-time planning.

For the study on seamen’s social security, seamen

is sorted three kinds: 1 seamen with some company;

2 individual seamen; 3 seamen on board a vessel

flying non - PRC flag. Social security legislations

should be different in different kind seamen.

Before studying seamen’s social security, we

must define seamen. Maritime Law of the People’s

Republic of China provides in the article 31: Seamen

are all staff on board a vessel inclusive of a master.

There is not a united definition in the internation.

438

3 THE APPLICATION SCOPE OF SEAMEN’S

SOCIAL SECURITY LEGISLATIONS

Social security legislations have different applicable

scopes in different states. Seamen’s social security

laws in China should have a different applicable

scope under different conditions. Seamen social

security laws and seamen act should be differentin

the applicable scope.

Seamen Act is mainly a labor law and some

contents in the Seamen Act is similar or same as

seamen social security law, but the similar or the

same is related with seamen’s labor conditions. The

draft of Seamen Actin China proposed that it should

be applied for the seamen on board a vessel flying

the PRC flag and whether seamen’s nationalities.

Seamen’s social security law should also be applied

to seamen on board a vessel flying a convinient flag.

It is behind in seamen legislation in convinient flag

states or there is not a seamen law. If the law of the

vessel flag state applied under any condition,

seamen’srights will not be protected enough.

3.1 Seamen’s social insurance laws

A law of social insurance can help people defense

some kinds of life risks. It provides basic life

protection. The goal of social security laws is to

protect basic life.

The common social security laws of Chinashould

apply for chinese seamen, but the special social

security laws of seamen are prior. Seamen social

security legislation protects seamen’s special rights.

3.1.1 The Social Insurance of Seamen with Some

Companies

Seamen’s salary is different when they work on

doard with that when they test on land. The

companies turn in premium according to a

percentage of seamen’s salary when they rest on land

The seamen’s salary when they rest on land is very

low and so it is unfair according to the percentage of

seamen’s salary when they rest on land. The writer

proposes that the company should turn in premium

according to the different salary sum when seamen

are on board or rest on land or rest with salary on

board.

3.1.2 The Social Insurance of Seamen on Board a

Vessel Flying Non-PRC Flag

The social insurance of seamen on board a vessel

flying non-PRC flag is related with the application

of law in relation to foreign-related matters. There

are disputes on the application of law of the social

insurance of seamen on board a foreign ship. The

law of the flag state of the ship and the law of the

seamen’s lawful rights.

3.1.3 The Social Insurance of Individual Seamen

The individual seamen are that the seamen do not

belong to any company. They hold their certificates

themselves and are on board through professional

seamen companies. There are not institutes to

manage individual seamen and there is also not

special laws to secure the rights of individual

seamen. The Seamen Units in China does not show

their functions. The writer suggests that we should

strengthen the functions of the Seamen Units. The

Seamen Units should be responsible for the

management of individual seamen. The social

insurance of individual seamen is special. How does

the premium turn in and who should turn in the

premium and so on. These problems need to

regularize in the seamen social insurance laws.

3.1.4 The Seamen’s Social Insurance Conventions

Enacted by the ILO

From the beginning of the twentieth century, the

improvement of the seamen’s social security is

underlined more and more by the ILO. Bettering

labor condition and improving seamen welfare is the

goal of the relative conventions of ILO. The relative

social insurance conventions of the seamen are

mainly as following: 1 the 1946 Social Insurance

Convention of the Old Seamen; 2 the 1936 Disease

Insurance Convention of Seamem. The two

conventions have been enforced for a long time and

the contents is behind the time.

3.1.5 The Seamen’s Social Insurance of Japan

In a number of developed states there are special

laws of the seamen. For example, in Japan there is

Seamen Act, the Protection Law of Seamen Career,

Insurance Law of Seamen, the Lowest Salary of

Seamen and so on. In Japan there is special

insurance law of the seamen. It can secure the legal

rights of the seamen. We can absorb when we

regularize in the seamen legislation of China. The

level of social insurance must match the level of the

development in China. The seamen have a better

income and so we can improve the level of the social

insurance of the seamen.

4 SEAMEN WELFARE IN CHINA

In order to improve and better the material life and

the moral life the states enact the relative laws. The

laws of social welfare is to improve the development

439

rights and to better life. The funds of social welfare

is built up by the government.

Seamenn’s special social welfare covers

repatriation fees, stores fees, treatment fees, living

standard, labor time, off-hire fees, illnesss fees,

holiday fees, disability fees and death fees and so on.

But these legal rights can not be enjoyed wholly by

the seamen. These rights need laws to build up.

The ILO has enacted some social welfare

conventions of the seamen as 1987 Seamen

Welfare Convention, 1920 Out-Of-Work Seamen

Compensation Convention, 1946 Seamen Foods On

Board Convention and so on.

These conventions were enacted in the beginning

of the twentieth century and need to modify. But we

still can absorb from these conventions when we

enact the relative laws in China.

5 THE SEAMEN’S SOCIAL HELPS

The states have liabilities to help citizens pass

through life crises. The social helps is the main

mode. The seamen career is mobile and so the

seamen social helps shoud be international. Any

states has liabilities to help the seamen refugees, lake

home. The Seamen Refugees Treaty was enacted by

the ILO. The seamen helps is special and needs the

international cooperation.

6 THE LEGISLATION MODE OF THE

SEAMEN’S SOCIAL SECURITY

The social security laws of the seamen are enacted to

defense the special rights of the seamen. Which

mode should be opted when we legalize? The

Seamen Act in China has been planning in the

agenda. The social security of the seamen can be

partly regularized in The Seamen Act. We can also

enacted a special The Social Security Of The

Seamen. The social security of the seamen is

complex and special. On the one hand we should

base on our development level of China; on the other

hand we should absorb the foreign laws and the

international laws.

REFERENCES

RouDong, civil law, the Beijing University Press.

LeHuaFang, Social Security Law, the WuHan University Press.

XiuFenWang, Maritime Laws of Japan, the Dalian Maritime

University Press.

DeMingZhao, Maritime Laws, the XiaMeng University Press.