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

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes with interest that on 20 September 2011, Luxembourg ratified the Maritime Labour Convention, 2006 (MLC, 2006), the entry into force of which will entail the automatic denunciation of Convention No. 56. In the meantime, the Committee will continue to examine the conformity of the national legislation with the requirements of this Convention.

Article 2(5) of the Convention. Wilful misconduct of the insured person. The Committee noted the Government’s reference to the interpretation given by the Higher Insurance Council with regard to the notion of wilful default, namely a serious misconduct consisting of a voluntary act performed with the intention to harm. It requests the Government to indicate whether this definition is relevant for determining the scope of application of the exclusion provided for in section 114 of the Social Security Code, which has been the subject of its previous comment.

Part IV of the report form. Application in practice. The Committee requests the Government to provide information on the application to seafarers of the Social Security Code, and particularly data on the following points for the period covered by the Government’s next report: the total number of seafarers covered by the compulsory sickness insurance schemes; the total cost of benefits in cash granted to seafarers in the event of incapacity for work, and the average cost per insured person; the total cost of death benefit; the total cost of benefits in kind and the average cost of benefits in kind per insured person; and the total amount of financial resources of the sickness insurance schemes, and the distribution of these resources between contributions from employers, those from insured persons and the contribution by the public authority.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the report provided by the Government in reply to its previous comments concerning the application of Article 2, paragraph 5, of the Convention. As the information provided by the Government concerning the definition of the concept of serious misconduct is identical to that supplied under Convention No. 55 relating to the liability of the shipowner in cases of sickness or injury to seafarers, the Committee requests the Government to refer to its comments under the latter Convention.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 2, paragraph 5, of the Convention. The Committee once again requests the Government to provide information on the concept of "serious misconduct" provided for in section 101, paragraph 4, of the Act of 9 November 1990 concerning the establishment of a public maritime register for Luxembourg and to indicate who determines the existence of such misconduct. It also asks the Government to attach, where appropriate, a copy of any court decisions issued on this subject.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

Article 2, paragraph 5, of the Convention. The Committee notes the Government’s report. It finds, however, that the report does not contain any reply to its previous comments. Hence the Committee once again requests the Government to provide information on the concept of "serious misconduct" provided for in section 101, paragraph 4, of the Act of 9 November 1990 concerning the establishment of a public maritime register for Luxembourg and to indicate who determines the existence of such misconduct. It also asks the Government to attach, where appropriate, a copy of any court decisions issued on this subject.

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

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.