Direct Request (CEACR) - adopted 1987, published 74th ILC session (1987)

Medical Care and Sickness Benefits Convention, 1969 (No. 130) - Germany (Ratification: 1974)

Article 26 of the Convention (in relation with Article 28, paragraph 1(h)). In response to the previous comments of the Committee, the Government states that entitlement to sickness benefit on a whole is suspended in accordance with section 183, paragraph 6 of the Federal Insurance Code even in cases where the sickness benefit exceeds one of the other benefits, which is not in conformity with this provision of the Convention. The Government, however, adds that the Federal Constitutional Court has before it a case relating to the constitutionality of section 183, paragraph 6 of the Federal Insurance Code and that a decision should be given next year. In these circumstances, the Committee requests the Government to communicate the text of the judgement of the Federal Constitutional Court when it has been given.