Demande directe (CEACR) - adoptée 2011, publiée 101ème session CIT (2012)

Convention (n° 56) sur l'assurance-maladie des gens de mer, 1936 - Luxembourg (Ratification: 1991)

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.