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

Sickness Insurance (Sea) Convention, 1936 (No. 56) - Mexico (Ratification: 1984)

Article 1(1) of the Convention. Coverage of compulsory sickness insurance scheme. The Committee recalls that the Mexican Institute of Social Security (IMSS) has concluded a number of agreements (convenios de subrogacion de servicios) with shipping companies which provide that maritime transportation workers must enjoy the protection of the compulsory social security scheme, including protection for sickness, employment injury, maternity, and death. The Committee requests the Government to indicate whether the agreements concluded between the IMSS and 19 shipping companies are still in force and also to specify whether there are seafarers who might not be currently covered by the compulsory social security scheme in the absence of a specific agreement concluded by the shipping company employing them.

Article 7. Right to insurance benefit after termination of engagement. The Committee understands that for a certain number of years, the Technical Council of the IMSS has extended, in accordance with section 109 of the Social Security Act, the period during which the right to insurance benefits continues after termination of engagement from eight weeks to 16 weeks. Noting that such an extension was last granted in 2009 (Accord No. ACDO.AS1.HCT.14019/2.P.DG of 14 January 2009) the Committee requests the Government to clarify whether this practice continues and to transmit copies of the most recent decisions of the Technical Council.

Part V of the report form. Practical application. The Committee takes note of the statistical information provided by the Government in its report regarding the number of claims for sickness, occupational injury or maternity benefits, the average amount paid per seafarer and the total amount paid for funeral expenses during the period 2005–10. The Committee would be grateful if the Government would continue to provide up-to-date information on the practical application of the Convention.

Finally, the Committee seizes this opportunity to recall that the main provisions of the present Convention have been incorporated in Regulation 4.5 and the corresponding Code of the Maritime Labour Convention, 2006 (MLC, 2006) and that therefore compliance with Convention No. 56 will facilitate the implementation of the respective provisions of the MLC, 2006. The Committee requests the Government to keep the Office informed of any developments regarding the process of ratification and effective implementation of the MLC, 2006.