Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Repetition

Article 2 of the Convention (in conjunction with Article 3). Protection of public servants and employees of the public administration against employment accidents. The Committee notes that, under the terms of section 2(a) of Decree No. 53/05, public servants and employees of the public administration are excluded from the scope of these regulations. Recalling that Article 2 of the Convention provides that it shall apply to persons employed by any establishment of whatsoever nature, whether public or private, the Committee requests the Government to indicate whether, as envisaged in Article 3 of the Convention, a special scheme which is not less favourable than those of the Convention is applicable to these categories of workers.

Article 7. Additional compensation provided for victims of accidents requiring the constant help of another person. The Committee notes, as emphasized by the organization UNTA-Confederação sindical in its 2007 comments, which have remained without a response from the Government, that Decree No. 53/05 does not provide that additional compensation shall be provided to victims of accidents suffering incapacity which requires the constant help of another person, in accordance with this provision of the Convention. The Government is requested to indicate the manner in which national law guarantees that beneficiaries of employment accident benefits are provided with additional financial assistance when their condition requires the assistance of a third person.

Article 8. Measures of supervision and methods of review of the level of compensation. The Committee notes that section 42 of Decree No. 53/05 provides that the amount of the annuities envisaged by Decree No. 53/05 shall be adjusted by the Employment Accident and Occupational Disease Pension Adjustment Fund (FUNDAP), which is to be established by ministerial decree. The Committee requests the Government to provide a copy of the decree establishing the above Fund and to supply information on its activities including, for example, copies of the reports on its activities.

Part V of the report form. Application of the Convention in practice. The Committee notes that, under the terms of section 47 of Decree No. 53/05, supervision of the application of the regulations respecting employment accidents is entrusted to the general labour inspectorate. It also notes the detailed statistical data provided by the Government and taken from the reports of the general labour inspectorate in relation to employment accidents for the years 2006 and 2007. These data show that the construction sector in 2006 and 2007 recorded a number of employment accidents that was higher, by 37.5 and 28 per cent, respectively, than the average for other economic sectors. The Committee would be grateful if the Government would provide a general assessment of the manner in which, particularly in the construction sector, the arrangements for the notification of employment accidents operate in practice, and on the sanctions applied in cases of violations of the regulations respecting employment accidents.