CMNT_TITLE

CMNT_TITLE

The Committee notes that the Government’s report contains no reply to its previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

The Committee notes that a proposal to adopt a law on seafarers’ social security has 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. Payment of sickness benefit to family members. 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. Right to insurance benefit following the termination of employment. 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.

CMNT_TITLE

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.

CMNT_TITLE

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.

CMNT_TITLE

With reference to the comments that it has been making for a number of years, the Committee notes that the Government simply refers to the information provided in its previous reports. In this situation, the Committee cannot but once again ask the Government to take the necessary measures in the near future to give effect to the Convention on the following points.

Article 4, paragraph 1, of the Convention.  In reply to previous comments, the Government states in its report that when a seaman is sick or injured abroad, sickness benefit is paid to his family members, as designated by the seafarer for this purpose. The Committee notes this information and requests a copy of the relevant law or regulations.

Article 7.  The Government explains in its report that every seafarer has the right to health-care benefit during his transfer from one vessel to another and after the termination of his service, so long as he receives his pension. The Committee notes this information. The Committee 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, as of right, the benefits provided for by the insurance for a period fixed by national laws and regulations in such a way as to cover the normal interval between successive engagements. The Committee again requests information on what provisions have been taken or are envisaged to give full effect to the Convention on this point.

CMNT_TITLE

Article 4, paragraph 1, of the Convention. In reply to previous comments, the Government states in its report that when a seaman is sick or injured abroad, sickness benefit is paid to his family members, as designated by the seafarer for this purpose. The Committee notes this information and requests a copy of the relevant law or regulations.

Article 7. The Government explains in its report that every seafarer has the right to health-care benefit during his transfer from one vessel to another and after the termination of his service, so long as he receives his pension. The Committee notes this information. The Committee 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, as of right, the benefits provided for by the insurance for a period fixed by national laws and regulations in such a way as to cover the normal interval between successive engagements. The Committee again requests information on what provisions have been taken or are envisaged to give full effect to the Convention on this point.

CMNT_TITLE

With reference to the comments that it has been making for a number of years, the Committee notes that the Government simply refers to the information provided in its previous reports. In this situation the Committee cannot but once again ask the Government to take the necessary measures in the near future to give effect to the Convention by:

(a) providing, in accordance with Article 4, paragraph 1, of the Convention, when the seafarer is abroad and has lost his right, even partially, to wages by reason of sickness, for the payment of the benefit, in whole or in part, due to him if he has not been abroad, to his family until his return; and

(b) granting, in accordance with Article 7, the right to insurance benefit in respect of sickness occurring during a definite period after the termination of the last engagement of the seafarer, which period shall be fixed by national laws or regulations in such a way as to cover the normal interval between successive engagements.

CMNT_TITLE

In reply to the Committee's previous comments, the Government states that the payment as well as the method of payment of sickness benefit to insured persons who are sick or the victims of an accident is covered by section 78 of the Social Security Act, No. 79 of 1975, and that the manner in which this benefit is paid is set out in sections 14 to 22 of Order No. 310 of 1976 to issue certain provisions respecting insurance against occupational risks. The Committee notes this statement. It notes, however, that Order No. 310 of 1976 only covers benefits payable in the event of employment injury and occupational diseases. The Committee is therefore bound once again to hope that the Government will take the necessary measures in the near future to give effect to the Convention by:

(a) providing, in accordance with Article 4, paragraph 1, of the Convention, for the payment of the benefit in whole or in part to the family of the insured person when the seafarer is abroad and has lost his right to wages by reason of sickness, until the return of the insured person; and

(b) granting, in accordance with Article 7, the right to insurance benefit in respect of sickness occurring during a definite period after the termination of the last engagement of the seafarer, which period shall be fixed by national laws or regulations in such a way as to cover the normal interval between successive engagements.

CMNT_TITLE

Article 4, paragraph 1, of the Convention. In its previous comments, the Committee requested the Government to indicate whether, when the insured person is abroad and has lost his right to wages, even partially, by reason of sickness, the cash benefit to which he would have been entitled had he not been abroad is paid in whole or in part to his family until his return to Egyptian territory. In its reply, the Government refers once again to section 78 of the Social Security Act, No. 79 of 1975, as amended. The Committee is bound to remind the Government that, although section 78 above defines the right to sickness benefit and specifies its amount and duration, it does not lay down the manner in which this benefit shall be paid to the members of the insured person's family when the sick seafarer is abroad (for example, if he has been taken ashore in the event of sickness or, being on shore, is incapable of returning to his post on board ship by reason of his state of health) and has lost his right to wages, even partially. The Committee therefore hopes that the Government's next report will contain full information on the measures that have been taken or are contemplated to implement the Convention on this point.

Article 7. In its previous comments, the Committee requested the Government to indicate the measures that have been taken or are envisaged to ensure that insurance benefit shall be provided even in respect of sickness occurring during a definite period after the termination of the seafarer's last engagement, which period shall be fixed by national laws or regulations in such a way as to cover the normal interval between successive engagements. In its reply, the Government indicates that the seafarer continues to receive sickness insurance benefit during the intermediary periods between the end of an engagement and the beginning of a new one on board another vessel, and even after the termination of his service, since he is then provided with a pension. While noting this information, the Committee wishes to emphasise that Article 7 of the Convention does not cover the right to sickness insurance of seafarers who are entitled to a pension (the case covered in section 76 of Act No. 79 of 1975), but the case of a seafarer who continues to suffer from sickness after the termination of his contract or who falls sick during a definite period after the termination of the last engagement without suffering from permanent incapacity to work. The Committee therefore hopes that the Government's next report will contain information on all the measures that have been taken or are envisaged to give full effect to Article 7 of the Convention.

[The Government is asked to report in detail for the period ending 30 June 1992.]

CMNT_TITLE

The Committee takes note of the information supplied by the Government in its report.

Article 4, paragraph 1, of the Convention. In the comments it made in 1986 and 1988, the Committee requested the Government to indicate whether, when the insured person is abroad and has lost his right to wages, even partially, by reason of sickness, the cash benefit is paid in whole or in part to the family of the insured, and, if only in part, then in what proportion. Since sections 19, 20 and 21 of the Regulations implementing Act No. 50 of 1978 concerning the insurance of Egyptian workers employed abroad, to which the Government refers in its reply, cover only the cases of total invalidity or death and, consequently, do not apply to the case where the insured person is abroad and has lost his right to wages by reason of sickness, the Committee can only ask the Government yet again to provide the information requested.

Article 7. The Committee takes note of the Government's reply to its previous comments. It notes, in particular, that every shipping company establishes an insurance scheme for seafarers in its employment. It also notes the Government's statement that no amendments have been made to the sickness insurance scheme for Egyptian seafarers since its last report. However, it recalls that, under Article 7 of the Convention, "the right to insurance benefit shall continue even in respect of sickness occurring during a definite period after the termination of the last engagement, which period shall be fixed by national laws or regulations in such a way as to cover the normal interval between successive engagements". Accordingly, the Committee can only repeat its request to the Government to indicate in its next report the measures taken or under consideration to ensure that effect is given to this provision of the Convention.