Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

Further to its general observation the Committee 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 5 of the Convention. Legislative Decree No. 25/ET of 4 May 1943, to which the Government refers in its report, provides in the event o f total or partial permanent incapacity and in the event of death for the payment of compensation in the form of a lump sum corresponding to a certain number of days' wages. This is contrary to the Convention, under which such compensation must be paid in the form of periodical payments throughout the duration of the contingency (that is to say, for the injured workman, life, and for the dependants, as long as they fulfil the conditions laid down by national laws). The Committee notes, however, that Decree No. 13955 of 1963, which promulgated the Social Security Code, lays down the principle of the payment of compensation in the form of periodical payments in the above-mentioned cases, as the Convention does, except where the permanent incapacity is of less than 30 per cent.

The Committee therefore asks the Government in its next report to state: (a) whether the Legislative Decree of 1943 remains in force despite the introduction of the insurance scheme and, if so, what classes of workers still come under it; and (b) whether the competent authority (for example the National Insurance Fund) must be satisfied that the lump sum paid in the event of permanent incapacity of less than 30 per cent will be properly utilised, as laid down in this provision of the Convention for cases where the compensation is converted into a lump sum.