Demande directe (CEACR) - adoptée 2002, publiée 91ème session CIT (2003)

Article 4, paragraph 1, of the Convention. In its previous reports, the Government indicated that, where a seafarer falls sick or is injured abroad, sickness benefit is paid to the family members designated by the seafarer for this purpose. The Committee requested the Government to provide copies of the relevant laws and regulations. It notes with regret that the Government indicates once again extracts of the legislation (provisions of the Act respecting the merchant navy of 1990) which do not cover this situation. The Committee trusts that in its next report the Government will specify the provisions under which, in accordance with this provision of the Convention, when the insured person is abroad and by reason of sickness has lost his right to wages, even in part, the cash benefit to which he would have been entitled had he not been abroad shall be paid in full or in part to his family until his return to the territory of the Member. Please provide copies of these provisions.

Article 7. For many years the Committee has been drawing the Government’s attention to the fact that the national legislation does not appear to contain provisions giving effect to this Article of the Convention. It recalls that Article 7 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 for by the insurance for a period fixed by national laws and regulations after the termination of the last engagement. This period must be set so as to cover the normal interval between successive engagements. In its last report, the Government states that it has contacted the competent authority in this field and that it will forward the reply of the competent authority as soon as it is received. The Committee notes this information. It requests the Government to indicate whether, and under which provisions, the insurance ceases at the end of the engagement or whether, despite the ending of the engagement, entitlement to the benefit guaranteed by the insurance continues for a certain period. If the insurance ceases after the termination of the engagement, please indicate whether and under which provisions the right to insurance benefit is accorded for a specific period by national laws and regulations after the termination of the last engagement, in accordance with Article 7 of the Convention.