Demande directe (CEACR) - adoptée 2006, publiée 96ème session CIT (2007)

Convention (n° 56) sur l'assurance-maladie des gens de mer, 1936 - Bosnie-Herzégovine (Ratification: 1993)

The Committee notes the first report provided by the Government on the application of the Convention. It also notes the observations made by the Confederation of Trade Unions of the Republika Srpska in September 2005, reporting shortcomings in the application of the Convention in practice. The organization reports violations of the provisions of the Convention, which take the form of the non-payment by employers of social security contributions on a large scale, resulting in the loss by workers of sickness insurance cash benefits. According to the above organization, the labour inspectorate is not able to ensure compliance with the rights set out in the Convention. Noting that the Government has not yet provided its comments on this subject, the Committee requests it to provide its observations on this matter with its next report.

The Committee also wishes to draw the Government’s attention to the following points.

Article 1 of the Convention. The Committee notes the information provided by the Government on the manner in which national laws and regulations give effect to the provisions of the Convention. It understands from this information that, in both entities of the Federation, seafarers are legally covered by the general sickness insurance scheme applicable to persons engaged in an employment relationship and that there are no categories of seafarers excluded from the scope of compulsory sickness insurance. The Committee would be grateful if the Government would provide additional information in its next report on this subject, with an indication of the number of seafarers covered by the Convention and all the statistical data required by Part IV of the report form.

Article 2, paragraph 1. The Committee notes that the Law on Health Insurance of the Republika Srpska provides that sickness benefits are normally paid for the duration of the contingency, but only for the period for which the insured would have received wages had she or he not suffered from sickness (section 37 of the Law). In this respect, it wishes to draw the Government’s attention to the fact that the Convention guarantees a minimum period of 26 weeks or 180 days during which insured persons must be entitled to sickness benefit. The Committee therefore requests the Government to provide detailed information on the situation of insured persons who fall ill and whose illness lasts beyond the period for which they would normally have received their wages. Please indicate: (i) the rights to which the above persons are entitled, based on the type of employment contract (without limit of time or fixed-term); (ii) the manner in which their illness is covered in the context of unemployment insurance; and (iii) whether the labour legislation authorizes the dismissal of a person during sick leave and, if so, the impact of such dismissal on cash and medical benefits provided to such a person.

Article 2, paragraphs 4 and 5. The Committee notes that the laws on health insurance of the various entities of the Federation provide for the possibility of suspending benefits in the case of wilful misconduct and it requests the Government in its next report to explain the meaning accorded to this notion both in national laws and regulations and by the courts responsible for examining disputes relating to sickness insurance. The Government is also requested to indicate whether, taking into account the specific characteristics of maritime work, there are other cases in which sickness benefits may be suspended such as cases where the sick seafarer is on board ship or abroad.

Article 3. The Committee notes the Government’s information concerning the medical treatment and care provided to persons covered by compulsory sickness insurance. It would be grateful if the Government would specify and provide copies with its next report of the texts of laws and/or regulations governing the participation by insured persons in medical costs, including the texts determining the illnesses and medication for which insured persons are exempt from such cost sharing.

Article 4. The Government is requested to indicate the manner in which the right of insured persons who are abroad or who have by reason of sickness lost their right to wages, even in part, is guaranteed the payment to their family until their return of the cash benefits to which they would have been entitled had they not been abroad.

Article 5, paragraphs 1 and 2. As the Government has not provided the required information concerning the application of this provision of the Convention, the Committee requests it to indicate in its next report the conditions under which an insured women or the wife of an insured man is entitled to maternity benefit while in the territory of Bosnia and Herzegovina.

Article 6, paragraphs 1 and 2. The Government indicates in its report that the family of the insured person, in the case of the latter’s death, pursuant to the pension and disability insurance regulations, is entitled to an allowance based on the contributions paid to the insurance scheme. The Committee would be grateful if the Government would provide fuller information on this subject in its next report and if it would indicate and provide copies of the texts of laws and regulations applicable in the event of the death of the insured person.

Article 7. The Committee notes from the Government’s report that insured persons are entitled, in the context of the unemployment insurance scheme and upon termination of employment, to benefit from health insurance for a period which varies, in the various entities of the Federation, between 12 and 24 months. It also notes that the laws on health insurance of the Federation of Bosnia and Herzegovina and of the Brcko District provide that, in the event of termination of employment, benefits are payable for a maximum of 30 days following that date (sections 44 and 34(1), respectively). The Committee would be grateful if the Government would provide information in its next report on the laws and/or regulations guaranteeing the right to health insurance coverage for a period of between 12 and 24 months in the context of the unemployment insurance scheme in the event of termination of employment. Please also indicate the conditions that must be met for entitlement to benefits in the context of the unemployment insurance scheme.

Articles 8 and 9. The Committee would be grateful if the Government would provide additional information concerning the participation of insured persons and their employers in providing the financial resources of the sickness insurance scheme, with an indication of the applicable laws and regulations and supplying any further information concerning their application in practice, particularly by the courts.

Please also provide information concerning the participation of insured persons in the management of sickness insurance institutions.

Article 10. The Committee notes the Government’s indication that there is a general right of appeal by insured persons against decisions by health insurance institutions to general jurisdiction courts, although there are no special courts in this respect. As the Convention requires that the procedure for dealing with disputes relating to benefits shall be rapid and inexpensive for insured persons, the Committee requests the Government to indicate in its next report the manner in which it is ensured that the procedures for dealing with disputes relating to health insurance before general jurisdiction courts result in prompt and inexpensive decisions for insured persons.

Article 11. The Committee would be grateful if the Government would in future provide copies of the collective agreements referred to in its reports so that the Committee can examine their content.

Application of the Convention in practice

The Committee would be grateful if the Government would provide information with its next report on the methods by which supervision is ensured of the application of the provisions giving effect to the Convention, as well as information on the organization and operation of the labour inspection services (extracts of reports of the inspection services relating to the fields covered by the Convention) and, in so far as possible, indications of the number and nature of the violations reported and the penalties imposed in practice, and the total number of seafarers who have received cash and medical benefits under the sickness insurance scheme during the period covered by the next report.

[The Government is asked to reply in detail to the present comments in 2007.]