Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

Sickness Insurance (Sea) Convention, 1936 (No. 56) - Luxembourg (Ratification: 1991)

Article 2, paragraph 5, of the Convention. See under Article 2(2)(b) of Convention No. 55, as follows:

The Committee has examined the information contained in the Government's first and second reports, as well as Books I and II of the Social Insurance Code and the Maritime Law of 9 November 1990. It draws the Government's attention to the following points:

Article 2, paragraph (2)(b), of the Convention. The Committee would like the Government to supply further information on what constitutes "grave fault" under section 101(4) of the Law of 9 November 1990 and who determines whether there is such grave fault. Please also supply the text of any relevant court decisions.

Article 6, paragraph (2)(d). The Committee notes that under section 99 of the Law of 9 November 1990, the seaman is to be repatriated to the port of embarkation or other place mutually agreed upon. In this latter case, please indicate whether, how, and under what legal provision, the approval of the competent authority is to be obtained in conformity with this Article of the Convention.

Article 7. The Committee requests the Government to supply information on what legal provisions exist for a burial grant for the funeral of a non-resident foreign seaman.

Article 8. The Committee requests further information on the application of this provision of the Convention which provides that national laws or regulations shall require the shipowner or his representative to take measures for safeguarding property left on board by sick, injured or deceased persons.