Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes that in reply to its previous comments the Government indicates, in its report, that a proposal to adopt a law on seafarers’ social security has recently been made. However, in view of the Government’s statement that the work of the committee that made the proposal has had to be suspended temporarily, the Committee requests the Government to report on the progress made in this area.

Article 4, paragraph 1, of the Convention. For many years the Committee has been asking the Government to indicate the provisions of laws and regulations that ensure that when a seafarer falls ill or is injured abroad, sickness benefit is paid to the family members designated by the seafarer for this purpose. It notes that in its last report, as well as in the legislation already sent (which does not cover this situation - sections 126 and 127 of the Merchant Navy Act of 1990), the Government refers to article 16 of Regulation No. 40 of 1998 dealing with matters that concern crew members of Merchant Navy vessels. According to the Government’s report, the latter provision, which entitles seafarers to request their employers to pay all or part of their wages to their dependants, is to be read in conjunction with the abovementioned provisions of the Merchant Navy Act and to be construed as providing that, in the event of sickness, seafarers are entitled to have all earnings owed to them to be paid either to them personally or to their dependants. The Committee notes, however, that the provisions referred to in the Government’s report apply to the contingency in which the seafarer is still entitled to his wages, whereas Article 4, paragraph 1, of the Convention applies where a seafarer is abroad and has lost his entitlement to wages, or part thereof, owing to sickness. The Convention provides that in such instances the indemnity to which he would have been entitled if he had not been abroad must be paid to his family, in full or in part, until he returns to his country. The Committee therefore expresses the firm hope that the Government will indicate in its next report the specific provisions of the national laws or regulations that allow effect to be given to this provision of the Convention.

Article 7. In reply to the Committee’s previous comments on the lack of any provisions giving effect to this Article of the Convention, the Committee refers to the proposal, temporarily suspended, to adopt new legislation on seafarers’ social security. In these circumstances, the Committee can but hope that the Government will shortly take all necessary steps to give effect to Article 7 of the Convention, which requires that if a seafarer’s affiliation to the insurance ceases upon termination of an engagement, he should continue to enjoy full rights to the benefits provided by the insurance for a period, to be fixed by national laws or regulations, after the termination of the last engagement. This period must be so set as to cover the normal interval between successive engagements.