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

The Committee takes note of the information provided by the Government in its report, and in particular the information regarding the application of Article 1 of the Convention.

Article 4 (Payment to the family of the seafarer of sickness benefit to which he would have been entitled had he not been abroad). With reference to its previous comments, the Committee notes the information provided by the Government, and once again requests the Government to indicate the provisions of the legislation under the terms of which, in the event that the insured person is abroadand would have been entitled to cash benefit in respect of sickness, family members or other persons can receive the benefit when duly accredited to do so. The Committee recalls that the cash benefit payable under this provision of the Convention must be paid to the family members of the insured person without restriction. The Committee requests the Government to provide information on benefits paid to the family members of insured persons.

Article 7 (Continuation of the right to insurance benefit after the termination of the engagement). In its previous comments the Committee had noted that, under section 37 of Supreme Decree No. 004-2000-TR, in the event of unemployment or the full suspension of activity resulting in the loss of entitlement to coverage, regular insured persons with a minimum of five months of contributions, whether or not they are consecutive, during the three years prior to the cessation or full suspension of activity, are entitled to the medical benefits envisaged in sections 11 and 12 of the above Decree to the level of two months of coverage for every five months of contributions. The Committee requested the Government to indicate whether the period of coverage covers the normal interval between successive engagements. In its report, the Government indicates that this provision of the Convention is reflected in current legislation only in respect of medical benefits, and is applicable to persons who remain unemployed or have their contracts of employment fully suspended. The system of supplementary occupational risk insurance (SCTR) applies during the period in which the worker is actually in employment, its purpose being to provide protection for persons employed in high-risk activities. The Committee notes the Government’s statement. Since the Government does not refer in its report to Supreme Decree No. 004-2000-TR, the Committee requests that it indicates whether section 37 of that Decree is applicable to seafarers and, if that is not the case, to indicate the measures which it intends to take with a view to maintaining, in accordance with Article 7 of the Convention, the continuity of medical benefits in the period after the termination of the last engagement, which period should be fixed in such a way as to cover the normal interval between successive engagements.

[The Government is asked to reply in detail to the present comments in 2003.]