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

The Committee notes the information provided by the Government in reply to its previous comments and wishes to draw its attention to the following points.

Article 4, paragraph 1, of the Convention. Payment to the family of the seafarer of sickness benefit to which he would have been entitled had he not been abroad. Further to the Committee’s previous comments, the Government indicates that effect is given to this provision of the Convention through the provisions of the Civil Code authorizing representation between spouses, and those of Presidential Decree No. 002-79-RE issuing the consular regulations of the Republic. The Government indicates, with reference to the provisions of the above Decree relating to notarial functions, that sworn consular officials are empowered, in accordance with the national legislation, to authenticate the acts and contracts submitted to them. It adds that, under the terms of these provisions, a person could, from abroad, authorize another person to represent her or him for purposes such as receiving on her or his behalf the benefits to which she or he would have been entitled. The Committee takes due note of this information. Nevertheless, as the objective of this provision of the Convention is to protect the family of a seafarer who falls sick abroad and has lost his right to wages, it would be grateful if the Government would examine the possibility of introducing into the national legislation on sickness insurance a specific provision giving effect to this Article of the Convention. The Committee also requests the Government to provide information on the manner in which the payment is arranged in practice to the family, in whole or in part, of the cash benefit due to a seafarer who is abroad and has lost his right to wages. Furthermore, with reference to its previous comments, the Committee requests the Government to provide with its next report the information requested previously with regard to the benefits paid to the family members of insured persons.

Article 7. Continuation of the right to insurance benefit after the termination of the engagement. The Committee takes due note of the information provided by the Government that section 37 of Presidential Decree No. 00-97-SA, as amended by Presidential Decree No. 004-2000-TR, is in effect applicable to seafarers. It recalls that this provision establishes that, in the event of unemployment or the total interruption of occupational activity resulting in the loss of entitlement to social coverage, the persons protected by the regular scheme who have a minimum of five months of contributions, whether or not they are consecutive, during the three years prior to the cessation or interruption of occupational activity, are entitled to medical benefits for a period of two months of coverage for every five months of contribution. The Committee requests the Government to provide information in its next report, including statistics, on the application of this provision of the Convention in practice, with an indication of the time that normally elapses between successive engagements.

[The Government is asked to reply in detail to the present comments in 2005.]