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Employment Injury Benefits Convention, 1964 [Schedule I amended in 1980] (No. 121) - Guinea (Ratification: 1967)

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Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Article 4(1) of the Convention. Protection of public officials and their families. The Committee notes the two implementing decrees of Act No. L/2001/028/AN/2001 issuing the General Public Service Regulations, establishing the National Social Insurance Fund for State Officials (D/2014/063/PRG/SGG) and creating a National Institute of Compulsory Health Insurance (D/2014/063/PRG/SGG), provided by the Government in reply to its previous request. However, the Committee notes that these decrees do not contain any specific provisions giving effect to the Convention. The Committee therefore requests the Government to provide information on the protection provided in national law and practice to State officials and employees in the event of employment injury and to provide a copy of the provisions and legislative texts adopted in this respect.

Article 8. Occupational diseases. Further to its previous comments, the Committee notes the Government’s indication that, while awaiting the finalization of the process of revising the list of occupational diseases of 1992, the list contained in the Annex to the List of Occupational Diseases Recommendation, 2002 (No. 194), revised in 2010, remains the reference framework used in the Republic of Guinea. The Committee takes due note of this information and requests the Government to report any legislative developments concerning the updating of the list of occupational diseases of 1992, and recalls the requirements of Article 8 of the Convention in this regard.

Articles 19 and 20. Rate of benefits. In its previous comments, the Committee requested the Government to provide the statistical data requested in the report form, which is necessary to determine whether the rate of the benefits paid in the event of temporary incapacity, permanent incapacity or the death of the breadwinner attains the minimum level prescribed by the Convention, with an indication of whether Article 19 or Article 20 of the Convention has been used in this regard. In the absence of a reply from the Government on this subject, the Committee reiterates its request to the Government for the above information and reminds it of the possibility of availing itself of ILO technical assistance for this purpose.

Article 21. Review of the rates of employment injury pensions. The Committee once again requests the Government to provide a copy of the ministerial order envisaged in section 92 of the Social Security Code to establish the procedures for reviewing employment injury pension rates.

Article 22(2). Provision of employment injury benefit to dependants. In its previous comments, the Committee noted that, under the terms of section 91 of the Social Security Code, a decree shall set out the cases and limits within which, in the event of the suspension of employment injury benefits, part of these benefits are to be provided to the dependants of the beneficiary. The Committee once again requests the Government to indicate whether the decree has been adopted and to provide a copy.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2020, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Article 4 of the Convention. Protection of civil servants and their families. The Committee notes with interest the recent adoption of two decrees implementing Act No. 028/AN/2001 issuing the General Civil Service Regulations, the object of which is to establish a national social welfare fund for public employees and a national institute for compulsory health insurance. The Committee requests the Government to send a copy of the aforementioned decrees with its next report so that the Committee can evaluate them in the light of the requirements of the Convention.

Article 8. Occupational diseases. The Government indicates that the list of occupational diseases adopted in 1992 is currently being revised by a tripartite commission. It also indicates that, in practice, the list contained in the Annex to the List of Occupational Diseases Recommendation, 2002 (No. 194), revised in 2010, is applicable. While taking due note of this information and welcoming the fact that, in practice, Recommendation No. 194 constitutes the reference framework used, the Committee hopes that the Government will soon be in a position to finalize the process of revising the 1992 list of occupational diseases and that it will send a copy of the new list in force in the country.

Article 15(1). Lump-sum benefits. The Committee notes that the Social Security Code lays down the principle, in accordance with the requirements of the Convention, of employment injury benefits being paid in the form of periodical payments. Under section 77 of the Social Security Code, incapacity benefit is paid as a lump sum only where the degree of incapacity is less than 15 per cent, which is in line with the requirements of the Convention.

Articles 19 and 20. Amount of benefits. The Government refers in its report to all employment injury benefit payments made on a quarterly basis. However, the Committee once again requests the Government to supply with its next report the statistical information requested in the report form which the Committee needs to determine whether the amount of benefits paid in the event of temporary incapacity, permanent incapacity or death of the breadwinner, attains the minimum level prescribed by the Convention, indicating whether Articles 19 or 20 of the Convention were referred to in this regard. It reminds the Government of the possibility of availing itself of ILO technical assistance in this respect.

Article 21. Review of employment injury benefit rates. The Committee notes the information supplied by the Government relating to the review of employment injury benefit rates, particularly the provisions of section 92 of the Social Security Code and decisions of the National Social Security Fund relating to the periodic review of benefit rates and pensions with reference to the average level of earnings in the country, in accordance with the requirements of the Convention. The Committee requests the Government to send a copy of the ministerial order provided for by section 92 of the Social Security Code for establishing the procedures for reviewing benefit rates.

Article 22(2). Payment of employment injury benefits to dependants. The Committee notes that, under section 91 of the Social Security Code, the cases and the limits in which, in the event of suspension of employment injury benefits, part of these benefits is paid to the dependants of the person concerned must be established by decree. The Committee requests the Government to indicate whether the aforementioned decree has been adopted and, if so, to send a copy of it with the next report.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes with regret that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2015.

Repetition

Article 4 of the Convention. Protection of civil servants and their families. The Committee notes with interest the recent adoption of two decrees implementing Act No. 028/AN/2001 issuing the General Civil Service Regulations, the object of which is to establish a national social welfare fund for public employees and a national institute for compulsory health insurance. The Committee requests the Government to send a copy of the aforementioned decrees with its next report so that the Committee can evaluate them in the light of the requirements of the Convention.

Article 8. Occupational diseases. The Government indicates that the list of occupational diseases adopted in 1992 is currently being revised by a tripartite commission. It also indicates that, in practice, the list contained in the Annex to the List of Occupational Diseases Recommendation, 2002 (No. 194), revised in 2010, is applicable. While taking due note of this information and welcoming the fact that, in practice, Recommendation No. 194 constitutes the reference framework used, the Committee hopes that the Government will soon be in a position to finalize the process of revising the 1992 list of occupational diseases and that it will send a copy of the new list in force in the country.

Article 15(1). Lump-sum benefits. The Committee notes that the Social Security Code lays down the principle, in accordance with the requirements of the Convention, of employment injury benefits being paid in the form of periodical payments. Under section 77 of the Social Security Code, incapacity benefit is paid as a lump sum only where the degree of incapacity is less than 15 per cent, which is in line with the requirements of the Convention.

Articles 19 and 20. Amount of benefits. The Government refers in its report to all employment injury benefit payments made on a quarterly basis. However, the Committee once again requests the Government to supply with its next report the statistical information requested in the report form which the Committee needs to determine whether the amount of benefits paid in the event of temporary incapacity, permanent incapacity or death of the breadwinner, attains the minimum level prescribed by the Convention, indicating whether Articles 19 or 20 of the Convention were referred to in this regard. It reminds the Government of the possibility of availing itself of ILO technical assistance in this respect.

Article 21. Review of employment injury benefit rates. The Committee notes the information supplied by the Government relating to the review of employment injury benefit rates, particularly the provisions of section 92 of the Social Security Code and decisions of the National Social Security Fund relating to the periodic review of benefit rates and pensions with reference to the average level of earnings in the country, in accordance with the requirements of the Convention. The Committee requests the Government to send a copy of the ministerial order provided for by section 92 of the Social Security Code for establishing the procedures for reviewing benefit rates.

Article 22(2). Payment of employment injury benefits to dependants. The Committee notes that, under section 91 of the Social Security Code, the cases and the limits in which, in the event of suspension of employment injury benefits, part of these benefits is paid to the dependants of the person concerned must be established by decree. The Committee requests the Government to indicate whether the aforementioned decree has been adopted and, if so, to send a copy of it with the next report.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes with interest the report sent by the Government after a long period in which the Committee had been obliged to repeat its previous comments on account of a lack of available information on the manner in which the Convention was applied in the country.

Article 4 of the Convention. Protection of civil servants and their families. The Committee notes with interest the recent adoption of two decrees implementing Act No. 028/AN/2001 issuing the General Civil Service Regulations, the object of which is to establish a national social welfare fund for public employees and a national institute for compulsory health insurance. The Committee requests the Government to send a copy of the aforementioned decrees with its next report so that the Committee can evaluate them in the light of the requirements of the Convention.

Article 8. Occupational diseases. The Government indicates that the list of occupational diseases adopted in 1992 is currently being revised by a tripartite commission. It also indicates that, in practice, the list contained in the Annex to the List of Occupational Diseases Recommendation, 2002 (No. 194), revised in 2010, is applicable. While taking due note of this information and welcoming the fact that, in practice, Recommendation No. 194 constitutes the reference framework used, the Committee hopes that the Government will soon be in a position to finalize the process of revising the 1992 list of occupational diseases and that it will send a copy of the new list in force in the country.

Article 15(1). Lump-sum benefits. The Committee notes that the Social Security Code lays down the principle, in accordance with the requirements of the Convention, of employment injury benefits being paid in the form of periodical payments. Under section 77 of the Social Security Code, incapacity benefit is paid as a lump sum only where the degree of incapacity is less than 15 per cent, which is in line with the requirements of the Convention.

Articles 19 and 20. Amount of benefits. The Government refers in its report to all employment injury benefit payments made on a quarterly basis. However, the Committee once again requests the Government to supply with its next report the statistical information requested in the report form which the Committee needs to determine whether the amount of benefits paid in the event of temporary incapacity, permanent incapacity or death of the breadwinner, attains the minimum level prescribed by the Convention, indicating whether Articles 19 or 20 of the Convention were referred to in this regard. It reminds the Government of the possibility of availing itself of ILO technical assistance in this respect.

Article 21. Review of employment injury benefit rates. The Committee notes the information supplied by the Government relating to the review of employment injury benefit rates, particularly the provisions of section 92 of the Social Security Code and decisions of the National Social Security Fund relating to the periodic review of benefit rates and pensions with reference to the average level of earnings in the country, in accordance with the requirements of the Convention. The Committee requests the Government to send a copy of the ministerial order provided for by section 92 of the Social Security Code for establishing the procedures for reviewing benefit rates.

Article 22(2). Payment of employment injury benefits to dependants. The Committee notes that, under section 91 of the Social Security Code, the cases and the limits in which, in the event of suspension of employment injury benefits, part of these benefits is paid to the dependants of the person concerned must be established by decree. The Committee requests the Government to indicate whether the aforementioned decree has been adopted and, if so, to send a copy of it with the next report.

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee takes note of the adoption of the new Labour Code (Act No. L/2014/072/CNT of 10 January 2014). The Committee requests the Government to provide all implementing texts of the Code in view of a complete review of the new legislation.

The Committee further notes with regret that the Government’s report has not been received. It must therefore repeat its previous comments.

Article 8 of the Convention. Occupational diseases. The Committee asks the Government to provide a copy of the list of occupational diseases revised in 1992, indicating whether it is now in force.

Article 15(1). Conversion of periodical payments into a lump sum. In accordance with the provisions of section 111 of the Social Security Code, periodical payments for employment injury are converted into a lump sum when the permanent incapacity is at most equal to 10 per cent. The Committee recalls, however, that its comments concerned the possibility of converting the benefit granted in the event of employment injury in the circumstances provided for in sections 114 (conversion after expiry of a five-year period) and 115 of the Social Security Code (conversion into a lump sum of part of the periodical payment at the request of the person concerned). The Committee again expresses the hope that the necessary measures will be taken to ensure that in all these cases periodical payments may be converted into a lump sum only in exceptional cases and with the consent of the victim where the competent authority has reason to believe that the lump sum will be utilized in a manner which is particularly advantageous for the injured person.

Articles 19 and 20. Amount of benefits. In the absence of the statistical information requested which the Committee needs so that it can determine whether the amount of benefits paid in the event of temporary incapacity, permanent incapacity and death of the breadwinner, reaches the level prescribed by the Convention, the Committee once again asks the Government to indicate whether it avails itself of Article 19 or of Article 20 of the Convention in establishing that the percentages required by Schedule II of this instrument have been reached, and to provide the statistical information required by the report form adopted by the Governing Body under Articles 19 or 20, depending on the Government’s choice.

Article 21. Review of employment injury benefit rates. In view of the importance it attaches to this provision of the Convention which establishes that the rates of employment injury benefits must be reviewed to take account of trends in the cost of living and the general level of earnings, the Committee hopes that the Government’s next report will contain information on the amount of the increases already established and that it will not fail to provide all the statistics required by the report form under this Article of the Convention.

Article 22(2). Payment of employment injury benefits to dependants. The Committee once again expresses the hope that the Government will be able to take the necessary measures to ensure that, in all cases where employment injury benefits are suspended and particularly in the cases provided for in sections 121 and 129 of the Social Security Code, part of these benefits will be paid to the dependants of the person concerned in accordance with the provisions of this Article of the Convention.

The Committee notes the Government’s statement that the provisions of the Conditions of Service of the Public Service give public servants and their families full satisfaction as regards social coverage. It once again asks the Government to provide the text of the provisions of the above Conditions of Service dealing with compensation for employment injury with its next report.

Lastly, the Committee asks the Government in its future reports to provide information on any progress made in the revision of the Social Security Code, to which the Government referred previously.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

Repetition
Article 8 of the Convention. Occupational diseases. The Committee asks the Government to provide a copy of the list of occupational diseases revised in 1992, indicating whether it is now in force.
Article 15(1). Conversion of periodical payments into a lump sum. In accordance with the provisions of section 111 of the Social Security Code, periodical payments for employment injury are converted into a lump sum when the permanent incapacity is at most equal to 10 per cent. The Committee recalls, however, that its comments concerned the possibility of converting the benefit granted in the event of employment injury in the circumstances provided for in sections 114 (conversion after expiry of a five-year period) and 115 of the Social Security Code (conversion into a lump sum of part of the periodical payment at the request of the person concerned). The Committee again expresses the hope that the necessary measures will be taken to ensure that in all these cases periodical payments may be converted into a lump sum only in exceptional cases and with the consent of the victim where the competent authority has reason to believe that the lump sum will be utilized in a manner which is particularly advantageous for the injured person.
Articles 19 and 20. Amount of benefits. In the absence of the statistical information requested which the Committee needs so that it can determine whether the amount of benefits paid in the event of temporary incapacity, permanent incapacity and death of the breadwinner, reaches the level prescribed by the Convention, the Committee once again asks the Government to indicate whether it avails itself of Article 19 or of Article 20 of the Convention in establishing that the percentages required by Schedule II of this instrument have been reached, and to provide the statistical information required by the report form adopted by the Governing Body under Articles 19 or 20, depending on the Government’s choice.
Article 21. Review of employment injury benefit rates. In view of the importance it attaches to this provision of the Convention which establishes that the rates of employment injury benefits must be reviewed to take account of trends in the cost of living and the general level of earnings, the Committee hopes that the Government’s next report will contain information on the amount of the increases already established and that it will not fail to provide all the statistics required by the report form under this Article of the Convention.
Article 22(2). Payment of employment injury benefits to dependants. The Committee once again expresses the hope that the Government will be able to take the necessary measures to ensure that, in all cases where employment injury benefits are suspended and particularly in the cases provided for in sections 121 and 129 of the Social Security Code, part of these benefits will be paid to the dependants of the person concerned in accordance with the provisions of this Article of the Convention.
The Committee notes the Government’s statement that the provisions of the Conditions of Service of the Public Service give public servants and their families full satisfaction as regards social coverage. It once again asks the Government to provide the text of the provisions of the above Conditions of Service dealing with compensation for employment injury with its next report.
Lastly, the Committee asks the Government in its future reports to provide information on any progress made in the revision of the Social Security Code, to which the Government referred previously.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Repetition
Article 8 of the Convention. Occupational diseases. The Committee asks the Government to provide a copy of the list of occupational diseases revised in 1992, indicating whether it is now in force.
Article 15(1). Conversion of periodical payments into a lump sum. In accordance with the provisions of section 111 of the Social Security Code, periodical payments for employment injury are converted into a lump sum when the permanent incapacity is at most equal to 10 per cent. The Committee recalls, however, that its comments concerned the possibility of converting the benefit granted in the event of employment injury in the circumstances provided for in sections 114 (conversion after expiry of a five-year period) and 115 of the Social Security Code (conversion into a lump sum of part of the periodical payment at the request of the person concerned). The Committee again expresses the hope that the necessary measures will be taken to ensure that in all these cases periodical payments may be converted into a lump sum only in exceptional cases and with the consent of the victim where the competent authority has reason to believe that the lump sum will be utilized in a manner which is particularly advantageous for the injured person.
Articles 19 and 20. Amount of benefits. In the absence of the statistical information requested which the Committee needs so that it can determine whether the amount of benefits paid in the event of temporary incapacity, permanent incapacity and death of the breadwinner, reaches the level prescribed by the Convention, the Committee once again asks the Government to indicate whether it avails itself of Article 19 or of Article 20 of the Convention in establishing that the percentages required by Schedule II of this instrument have been reached, and to provide the statistical information required by the report form adopted by the Governing Body under Article 19 or 20, depending on the Government’s choice.
Article 21. Review of employment injury benefit rates. In view of the importance it attaches to this provision of the Convention which establishes that the rates of employment injury benefits must be reviewed to take account of trends in the cost of living and the general level of earnings, the Committee hopes that the Government’s next report will contain information on the amount of the increases already established and that it will not fail to provide all the statistics required by the report form under this Article of the Convention.
Article 22(2). Payment of employment injury benefits to dependants. The Committee once again expresses the hope that the Government will be able to take the necessary measures to ensure that, in all cases where employment injury benefits are suspended and particularly in the cases provided for in sections 121 and 129 of the Social Security Code, part of these benefits will be paid to the dependants of the person concerned in accordance with the provisions of this Article of the Convention.
The Committee notes the Government’s statement that the provisions of the Conditions of Service of the Public Service give public servants and their families full satisfaction as regards social coverage. It once again asks the Government to provide the text of the provisions of the above Conditions of Service dealing with compensation for employment injury with its next report.
Lastly, the Committee asks the Government in its future reports to provide information on any progress made in the revision of the Social Security Code, to which the Government referred previously.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Repetition
Article 8 of the Convention. Occupational diseases. The Committee asks the Government to provide a copy of the list of occupational diseases revised in 1992, indicating whether it is now in force.
Article 15(1). Conversion of periodical payments into a lump sum. In accordance with the provisions of section 111 of the Social Security Code, periodical payments for employment injury are converted into a lump sum when the permanent incapacity is at most equal to 10 per cent. The Committee recalls, however, that its comments concerned the possibility of converting the benefit granted in the event of employment injury in the circumstances provided for in sections 114 (conversion after expiry of a five-year period) and 115 of the Social Security Code (conversion into a lump sum of part of the periodical payment at the request of the person concerned). The Committee again expresses the hope that the necessary measures will be taken to ensure that in all these cases periodical payments may be converted into a lump sum only in exceptional cases and with the consent of the victim where the competent authority has reason to believe that the lump sum will be utilized in a manner which is particularly advantageous for the injured person.
Articles 19 and 20. Amount of benefits. In the absence of the statistical information requested which the Committee needs so that it can determine whether the amount of benefits paid in the event of temporary incapacity, permanent incapacity and death of the breadwinner, reaches the level prescribed by the Convention, the Committee once again asks the Government to indicate whether it avails itself of Article 19 or of Article 20 of the Convention in establishing that the percentages required by Schedule II of this instrument have been reached, and to provide the statistical information required by the report form adopted by the Governing Body under Article 19 or 20, depending on the Government’s choice.
Article 21. Review of employment injury benefit rates. In view of the importance it attaches to this provision of the Convention which establishes that the rates of employment injury benefits must be reviewed to take account of trends in the cost of living and the general level of earnings, the Committee hopes that the Government’s next report will contain information on the amount of the increases already established and that it will not fail to provide all the statistics required by the report form under this Article of the Convention.
Article 22(2). Payment of employment injury benefits to dependants. The Committee once again expresses the hope that the Government will be able to take the necessary measures to ensure that, in all cases where employment injury benefits are suspended and particularly in the cases provided for in sections 121 and 129 of the Social Security Code, part of these benefits will be paid to the dependants of the person concerned in accordance with the provisions of this Article of the Convention.
The Committee notes the Government’s statement that the provisions of the Conditions of Service of the Public Service give public servants and their families full satisfaction as regards social coverage. It once again asks the Government to provide the text of the provisions of the above Conditions of Service dealing with compensation for employment injury with its next report.
Lastly, the Committee asks the Government in its future reports to provide information on any progress made in the revision of the Social Security Code, to which the Government referred previously.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

Article 8 of the Convention. Occupational diseases. The Committee asks the Government to provide a copy of the list of occupational diseases revised in 1992, indicating whether it is now in force.

Article 15(1). Conversion of periodical payments into a lump sum. In accordance with the provisions of section 111 of the Social Security Code, periodical payments for employment injury are converted into a lump sum when the permanent incapacity is at most equal to 10 per cent. The Committee recalls, however, that its comments concerned the possibility of converting the benefit granted in the event of employment injury in the circumstances provided for in sections 114 (conversion after expiry of a five-year period) and 115 of the Social Security Code (conversion into a lump sum of part of the periodical payment at the request of the person concerned). The Committee again expresses the hope that the necessary measures will be taken to ensure that in all these cases periodical payments may be converted into a lump sum only in exceptional cases and with the consent of the victim where the competent authority has reason to believe that the lump sum will be utilized in a manner which is particularly advantageous for the injured person.

Article 21. Review of employment injury benefit rates. In view of the importance it attaches to this provision of the Convention which establishes that the rates of employment injury benefits must be reviewed to take account of trends in the cost of living and the general level of earnings, the Committee hopes that the Government’s next report will contain information on the amount of the increases already established and that it will not fail to provide all the statistics required by the report form under this Article of the Convention.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Article 15, paragraph 1 Conversion of periodical payments into a lump sum. In accordance with the provisions of section 111 of the Social Security Code, periodical payments for employment injury are converted into a lump sum when the permanent incapacity is at most equal to 10 per cent. The Committee recalls, however, that its comments concerned the possibility of converting the benefit granted in the event of employment injury in the circumstances provided for in sections 114 (conversion after expiry of a five-year period) and 115 of the Social Security Code (conversion into a lump sum of part of the periodical payment at the request of the person concerned). The Committee again expresses the hope that the necessary measures will be taken to ensure that in all these cases periodical payments may be converted into a lump sum only in exceptional cases and with the consent of the victim where the competent authority has reason to believe that the lump sum will be utilized in a manner which is particularly advantageous for the injured person.

Article 22, paragraph 2. Payment of employment injury benefits to dependants. The Committee once again expresses the hope that the Government will be able to take the necessary measures to ensure that, in all cases where employment injury benefits are suspended and particularly in the cases provided for in sections 121 and 129 of the Social Security Code, part of these benefits will be paid to the dependants of the person concerned in accordance with the provisions of this Article of the Convention.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Article 8 of the Convention. The Committee asks the Government to provide a copy of the list of occupational diseases revised in 1992, indicating whether it is now in force.

Article 15(1). In accordance with the provisions of section 111 of the Social Security Code, periodical payments for employment injury are converted into a lump sum when the permanent incapacity is at most equal to 10 per cent. The Committee recalls, however, that its comments concerned the possibility of converting the benefit granted in the event of employment injury in the circumstances provided for in sections 114 (conversion after expiry of a five-year period) and 115 of the Social Security Code (conversion into a lump sum of part of the periodical payment at the request of the person concerned). The Committee again expresses the hope that the necessary measures will be taken to ensure that in all these cases periodical payments may be converted into a lump sum only in exceptional cases and with the consent of the victim where the competent authority has reason to believe that the lump sum will be utilized in a manner which is particularly advantageous for the injured person.

Articles 19 and 20. In the absence of the statistical information requested which the Committee needs so that it can determine whether the amount of benefits paid in the event of temporary incapacity, permanent incapacity and death of the breadwinner, reaches the level prescribed by the Convention, the Committee once again asks the Government to indicate whether it avails itself of Article 19 or of Article 20 of the Convention in establishing that the percentages required by Schedule II of this instrument have been reached, and to provide the statistical information required by the report form adopted by the Governing Body under Article 19 or 20, depending on the Government’s choice.

Article 21. In view of the importance it attaches to this provision of the Convention which establishes that the rates of employment injury benefits must be reviewed to take account of trends in the cost of living and the general level of earnings, the Committee hopes that the Government’s next report will contain information on the amount of the increases already established and that it will not fail to provide all the statistics required by the report form under this Article of the Convention.

Article 22, paragraph 2. The Committee once again expresses the hope that the Government will be able to take the necessary measures to ensure that, in all cases where employment injury benefits are suspended and particularly in the cases provided for in sections 121 and 129 of the Social Security Code, part of these benefits will be paid to the dependants of the person concerned in accordance with the provisions of this Article of the Convention.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes with regret that the Government’s report has once again not been received. It must therefore repeat its previous observation, which read as follows:

1. Article 8 of the Convention. The Committee asks the Government to provide a copy of the list of occupational diseases revised in 1992, indicating whether it is now in force.

2. Article 15(1). In answer to the Committee’s previous comments, the Government indicates that, in accordance with the provisions of section 111 of the Social Security Code, periodical payments for employment injury are converted into a lump sum when the permanent incapacity is at most equal to 10 per cent. The Committee recalls, however, that its comments concerned the possibility of converting the benefit granted in the event of employment injury in the circumstances provided for in sections 114 (conversion after expiry of a five-year period) and 115 of the Social Security Code (conversion into a lump sum of part of the periodical payment at the request of the person concerned). The Committee again expresses the hope that the necessary measures will be taken to ensure that in all these cases periodical payments may be converted into a lump sum only in exceptional cases and with the consent of the victim where the competent authority has reason to believe that the lump sum will be utilized in a manner which is particularly advantageous for the injured person.

3. Articles 19 and 20. In the absence of the statistical information requested which the Committee needs so that it can determine whether the amount of benefits paid in the event of temporary incapacity, permanent incapacity and death of the breadwinner, reaches the level prescribed by the Convention, the Committee once again asks the Government to indicate whether it avails itself of Article 19 or of Article 20 of the Convention in establishing that the percentages required by Schedule II of this instrument have been reached, and to provide the statistical information required by the report form adopted by the Governing Body under Article 19 or 20, depending on the Government’s choice.

4. Article 21. In view of the importance it attaches to this provision of the Convention which establishes that the rates of employment injury benefits must be reviewed to take account of trends in the cost of living and the general level of earnings, the Committee hopes that the Government’s next report will contain information on the amount of the increases already established and that it will not fail to provide all the statistics required by the report form under this Article of the Convention.

5. Article 22, paragraph 2. The Committee once again expresses the hope that the Government will be able to take the necessary measures to ensure that, in all cases where employment injury benefits are suspended and particularly in the cases provided for in sections 121 and 129 of the Social Security Code, part of these benefits will be paid to the dependants of the person concerned in accordance with the provisions of this Article of the Convention.

6. The Committee notes the Government’s statement that the provisions of the Conditions of Service of the Public Service give public servants and their families full satisfaction as regards social coverage. It once again asks the Government to provide the text of the provisions of the above Conditions of Service dealing with compensation for employment injury with its next report.

7. Lastly, the Committee asks the Government in its future reports to provide information on any progress made in the revision of the Social Security Code, to which the Government referred previously.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes with regret that the Government’s report has once again not been received. It is therefore bound to repeat its previous observation which read as follows:

1. Article 8 of the Convention. The Committee asks the Government to provide a copy of the list of occupational diseases revised in 1992, indicating whether it is now in force.

3. Articles 19 and 20. In the absence of the statistical information requested which the Committee needs so that it can determine whether the amount of benefits paid in the event of temporary incapacity, permanent incapacity and death of the breadwinner, reaches the level prescribed by the Convention, the Committee once again asks the Government to indicate whether it avails itself of Article 19 or of Article 20 of the Convention in establishing that the percentages required by Schedule 2 of this instrument have been reached, and to provide the statistical information required by the report form adopted by the Governing Body under Article 19 or 20, depending on the Government’s choice.

5. Article 22, paragraph 2. The Committee once again expresses the hope that the Government will be able to take the necessary measures to ensure that, in all cases where employment injury benefits are suspended and particularly in the cases provided for in sections 121 and 129 of the Social Security Code, part of these benefits will be paid to the dependants of the person concerned in accordance with the provisions of this Article of the Convention.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes with regret that the Government’s report has once again not been received. It is therefore bound to repeat its previous observation which read as follows:

1. Article 8 of the Convention. The Committee asks the Government to provide a copy of the list of occupational diseases revised in 1992, indicating whether it is now in force.

5. Article 22(2). The Committee once again expresses the hope that the Government will be able to take the necessary measures to ensure that, in all cases where employment injury benefits are suspended and particularly in the cases provided for in sections 121 and 129 of the Social Security Code, part of these benefits will be paid to the dependants of the person concerned in accordance with the provisions of this Article of the Convention.

6. The Committee notes the Government’s statement that the provisions of the Conditions of Service of the Public Service give public servants and their families full satisfaction as regards social coverage. It once again asks the Government to provide the text of the provisions of the above Conditions of Service dealing with compensation for employment injury with its next report.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes with deep regret that for the sixth consecutive time the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

1. Article 8 of the Convention. The Committee notes with interest the Government’s statement that in 1992 the National Social Security Fund together with the National Occupational Medicine Service revised the list of occupational diseases, increasing it from 13 to 29 items, thus aligning it with the list appended to Schedule 1 of the Convention, as amended in 1980. The Committee asks the Government to provide a copy of the list, indicating whether it is now in force.

3. Articles 19 and 20. The Committee notes the Government’s reply. It notes however that the Government’s report does not contain the statistical information requested which the Committee needs so that it can determine whether the amount of benefits paid in the event of temporary incapacity, permanent incapacity and death of the breadwinner, reaches the level prescribed by the Convention. In these circumstances the Committee once again asks the Government to indicate whether it avails itself of Article 19 or of Article 20 of the Convention in establishing that the percentages required by Schedule 2 of this instrument have been reached, and to provide the statistical information required by the report form adopted by the Governing Body under Article 19 or 20, depending on the Government’s choice.

4. Article 21. In answer to the Committee’s comments, the Government states that it has increased the benefits so as to ensure better coverage for victims of occupational accidents; furthermore, studies are under way with a view to a further increase in order to take fuller account of the economic context. The Committee notes this information. In view of the importance it attaches to this provision of the Convention which establishes that the rates of employment injury benefits must be reviewed to take account of trends in the cost of living and the general level of earnings, the Committee hopes that the Government’s next report will contain information on the amount of the increases already established and that it will not fail to provide all the statistics required by the report form under this Article of the Convention.

6. The Committee notes the Government’s statement that the provisions of the Conditions of Service of the Public Service give public servants and their families full satisfaction as regards social coverage. It once again asks the Government to provide the text of the provisions of the above Conditions of Service dealing with compensation for employment injury with its next report.

7. Lastly, the Committee asks the Government in its future reports to provide information on any progress made in the revision of the Social Security Code, to which the Government referred previously.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes with regret that for the fifth consecutive time the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

6. The Committee notes the Government’s statement that the provisions of the Conditions of Service of the Public Service give public servants and their families full satisfaction as regards social coverage. It once again asks the Government to provide the text of the provisions of the above Conditions of Service dealing with compensation for employment injury with its next report.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes with regret that for the fourth consecutive time the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

1. Article 8 of the Convention. The Committee notes with interest the Government’s statement that in 1992 the National Social Security Fund together with the National Occupational Medicine Service revised the list of occupational diseases, increasing it from 13 to 29 items, thus aligning it with the list appended to Schedule 1 of the Convention, as amended in 1980. The Committee asks the Government to provide a copy of the list, indicating whether it is now in force.

2. Article 15(1). In answer to the Committee’s previous comments, the Government indicates that, in accordance with the provisions of section 111 of the Social Security Code, periodical payments for employment injury are converted into a lump sum when the permanent incapacity is at most equal to 10 per cent. The Committee recalls, however, that its comments concerned the possibility of converting the benefit granted in the event of employment injury in the circumstances provided for in sections 114 (conversion after expiry of a five-year period) and 115 of the Social Security Code (conversion into a lump sum of part of the periodical payment at the request of the person concerned). The Committee again expresses the hope that the necessary measures will be taken to ensure that in all these cases periodical payments may be converted into a lump sum only in exceptional cases and with the consent of the victim where the competent authority has reason to believe that the lump sum will be utilized in a manner which is particularly advantageous for the injured person.

3. Articles 19 and 20. The Committee notes the Government’s reply. It notes however that the Government’s report does not contain the statistical information requested which the Committee needs so that it can determine whether the amount of benefits paid in the event of temporary incapacity, permanent incapacity and death of the breadwinner, reaches the level prescribed by the Convention. In these circumstances the Committee once again asks the Government to indicate whether it avails itself of Article 19 or of Article 20 of the Convention in establishing that the percentages required by Schedule 2 of this instrument have been reached, and to provide the statistical information required by the report form adopted by the Governing Body under Article 19 or 20, depending on the Government’s choice.

4. Article 21. In answer to the Committee’s comments, the Government states that it has increased the benefits so as to ensure better coverage for victims of occupational accidents; furthermore, studies are under way with a view to a further increase in order to take fuller account of the economic context. The Committee notes this information. In view of the importance it attaches to this provision of the Convention which establishes that the rates of employment injury benefits must be reviewed to take account of trends in the cost of living and the general level of earnings, the Committee hopes that the Government’s next report will contain information on the amount of the increases already established and that it will not fail to provide all the statistics required by the report form under this Article of the Convention.

5. Article 22(2). The Committee once again expresses the hope that the Government will be able to take the necessary measures to ensure that, in all cases where employment injury benefits are suspended and particularly in the cases provided for in sections 121 and 129 of the Social Security Code, part of these benefits will be paid to the dependants of the person concerned in accordance with the provisions of this Article of the Convention.

6. The Committee notes the Government’s statement that the provisions of the Conditions of Service of the Public Service give public servants and their families full satisfaction as regards social coverage. It once again asks the Government to provide the text of the provisions of the above Conditions of Service dealing with compensation for employment injury with its next report.

7. Lastly, the Committee asks the Government in its future reports to provide information on any progress made in the revision of the Social Security Code, to which the Government referred previously.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes with regret that for the third consecutive time the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

1. Article 8 of the Convention. The Committee notes with interest the Government’s statement that in 1992 the National Social Security Fund together with the National Occupational Medicine Service revised the list of occupational diseases, increasing it from 13 to 29 items, thus aligning it with the list appended to Schedule 1 of the Convention, as amended in 1980. The Committee asks the Government to provide a copy of the list, indicating whether it is now in force.

6. The Committee notes the Government’s statement that the provisions of the Conditions of Service of the Public Service give public servants and their families full satisfaction as regards social coverage. It once again asks the Government to provide the text of the provisions of the above Conditions of Service dealing with compensation for employment injury with its next report.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which reads as follows:

3. Articles 19 and 20. The Committee notes the Government’s reply. It notes however that the Government’s report does not contain the statistical information requested which the Committee needs so that it can determine whether the amount of benefits paid in the event of temporary incapacity, permanent incapacity and death of the breadwinner, reaches the level prescribed by the Convention. In these circumstances the Committee once again asks the Government to indicate whether it avails itself of Article 19 or of Article 20 of the Convention in establishing that the percentages required by Schedule 2 of this instrument have been reached, and to provide the statistical information required by the report form adopted by the Governing Body under Article 19 or 20, depending on the Government’s choice.

6. The Committee notes the Government’s statement that the provisions of the Conditions of Service of the Public Service give public servants and their families full satisfaction as regards social coverage. It once again asks the Government to provide the text of the provisions of the above Conditions of Service dealing with compensation for employment injury with its next report.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

1. Article 8 of the Convention. The Committee notes with interest the Government's statement that in 1992 the National Social Security Fund together with the National Occupational Medicine Service revised the list of occupational diseases, increasing it from 13 to 29 items, thus aligning it with the list appended to Schedule 1 of the Convention, as amended in 1980. The Committee asks the Government to provide a copy of the list, indicating whether it is now in force. 2. Article 15, paragraph 1. In answer to the Committee's previous comments, the Government indicates that, in accordance with the provisions of section 111 of the Social Security Code, periodical payments for employment injury are converted into a lump sum when the permanent incapacity is at most equal to 10 per cent. The Committee recalls, however, that its comments concerned the possibility of converting the benefit granted in the event of employment injury in the circumstances provided for in sections 114 (conversion after expiry of a five-year period) and 115 of the Social Security Code (conversion into a lump sum of part of the periodical payment at the request of the person concerned). The Committee again expresses the hope that the necessary measures will be taken to ensure that in all these cases periodical payments may be converted into a lump sum only in exceptional cases and with the consent of the victim where the competent authority has reason to believe that the lump sum will be utilized in a manner which is particularly advantageous for the injured person. 3. Articles 19 and 20. The Committee notes the Government's reply. It notes however that the Government's report does not contain the statistical information requested which the Committee needs so that it can determine whether the amount of benefits paid in the event of temporary incapacity, permanent incapacity and death of the breadwinner, reaches the level prescribed by the Convention. In these circumstances the Committee once again asks the Government to indicate whether it avails itself of Article 19 or of Article 20 of the Convention in establishing that the percentages required by Schedule 2 of this instrument have been reached, and to provide the statistical information required by the report form adopted by the Governing Body under Article 19 or 20, depending on the Government's choice. 4. Article 21. In answer to the Committee's comments, the Government states that it has increased the benefits so as to ensure better coverage for victims of occupational accidents; furthermore, studies are under way with a view to a further increase in order to take fuller account of the economic context. The Committee notes this information. In view of the importance it attaches to this provision of the Convention which establishes that the rates of employment injury benefits must be reviewed to take account of trends in the cost of living and the general level of earnings, the Committee hopes that the Government's next report will contain information on the amount of the increases already established and that it will not fail to provide all the statistics required by the report form under this Article of the Convention. 5. Article 22, paragraph 2. The Committee once again expresses the hope that the Government will be able to take the necessary measures to ensure that, in all cases where employment injury benefits are suspended and particularly in the cases provided for in sections 121 and 129 of the Social Security Code, part of these benefits will be paid to the dependants of the person concerned in accordance with the provisions of this Article of the Convention. 6. The Committee notes the Government's statement that the provisions of the Conditions of Service of the Public Service give public servants and their families full satisfaction as regards social coverage. It once again asks the Government to provide the text of the provisions of the above Conditions of Service dealing with compensation for employment injury with its next report. 7. Lastly, the Committee asks the Government in its future reports to provide information on any progress made in the revision of the Social Security Code, to which the Government referred previously.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

With reference to its previous comments the Committee notes the information supplied by the Government in its report. It wishes to draw the Government's attention to the following points.

1. Article 8 of the Convention. The Committee notes with interest the Government's statement that in 1992 the National Social Security Fund together with the National Occupational Medicine Service revised the list of occupational diseases, increasing it from 13 to 29 items, thus aligning it with the list appended to Schedule 1 of the Convention, as amended in 1980. The Committee asks the Government to provide a copy of the list, indicating whether it is now in force.

2. Article 15, paragraph 1. In answer to the Committee's previous comments, the Government indicates that, in accordance with the provisions of section 111 of the Social Security Code, periodical payments for employment injury are converted into a lump sum when the permanent incapacity is at most equal to 10 per cent. The Committee recalls, however, that its comments concerned the possibility of converting the benefit granted in the event of employment injury in the circumstances provided for in sections 114 (conversion after expiry of a five-year period) and 115 of the Social Security Code (conversion into a lump sum of part of the periodical payment at the request of the person concerned). The Committee again expresses the hope that the necessary measures will be taken to ensure that in all these cases periodical payments may be converted into a lump sum only in exceptional cases and with the consent of the victim where the competent authority has reason to believe that the lump sum will be utilized in a manner which is particularly advantageous for the injured person.

3. Articles 19 and 20. The Committee notes the Government's reply. It notes however that the Government's report does not contain the statistical information requested which the Committee needs so that it can determine whether the amount of benefits paid in the event of temporary incapacity, permanent incapacity and death of the breadwinner, reaches the level prescribed by the Convention. In these circumstances the Committee once again asks the Government to indicate whether it avails itself of Article 19 or of Article 20 of the Convention in establishing that the percentages required by Schedule 2 of this instrument have been reached, and to provide the statistical information required by the report form adopted by the Governing Body under Article 19 or 20, depending on the Government's choice.

4. Article 21. In answer to the Committee's comments, the Government states that it has increased the benefits so as to ensure better coverage for victims of occupational accidents; furthermore, studies are under way with a view to a further increase in order to take fuller account of the economic context. The Committee notes this information. In view of the importance it attaches to this provision of the Convention which establishes that the rates of employment injury benefits must be reviewed to take account of trends in the cost of living and the general level of earnings, the Committee hopes that the Government's next report will contain information on the amount of the increases already established and that it will not fail to provide all the statistics required by the report form under this Article of the Convention.

6. The Committee notes the Government's statement that the provisions of the Conditions of Service of the Public Service give public servants and their families full satisfaction as regards social coverage. It once again asks the Government to provide the text of the provisions of the above Conditions of Service dealing with compensation for employment injury with its next report.

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

1. The Committee notes that, according to the information provided by the Government, the draft Social Security Code contains a number of provisions which enable effect to be given to the Convention. The Committee hopes that the new Social Security Code and the regulations issued under it will be adopted shortly and that they will ensure full effect to be given to the provisions of the Convention, particularly with regard to the following Articles which have been the subject of the Committee's comments for many years: Article 8 (List of occupational diseases); Article 15, paragraph 1 (Conversion of periodical payment into a lump sum); Article 22, paragraph 2 (Payment of part of the cash benefit to dependants in the event of suspension of the benefit). 2. Articles 19 and 20. The Committee takes note of certain statistical data provided by the Government. It observes, however, that the data are not sufficient to determine whether the amounts of the benefits paid in the event of temporary incapacity, permanent incapacity and death of the breadwinner (taking into consideration the family allowances paid before and, where appropriate, during the contingency) attain the level prescribed by the Convention. It therefore asks the Government to indicate whether recourse is had to Article 19 or to Article 20 of the Convention to establish that the percentages required by schedule II of this instrument are attained, and to provide the statistical information required by the report form adopted by the Governing Body, under Articles 19 or 20, according to the choice made. 3. Article 21. In its previous comments, the Committee asked the Government to supply information on the measures taken to ensure application of this provision of the Convention, which provides that the rates of cash benefits currently payable in respect of industrial accidents and occupational diseases shall be reviewed following substantial changes in the general level of earnings where these result from substantial changes in the cost of living. Given the importance it attaches to the adjustment of benefits, particularly in the present general economic situation, the Committee hopes that the Government will not fail to include the information requested in its next report, particularly the statistics required by the report form under this Article of the Convention. 4. Lastly, the Committee asks the Government to provide the texts of any law or regulations concerning compensation for industrial accidents and occupational diseases for public servants coming under the public service rules and who are not covered by the general social security system.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

1. With reference to its earlier comments, the Committee takes note of the information provided by the Government, concerning in particular Article 25 of the Convention.

2. The Committee also notes with interest that, according to the information provided by the Government, the draft Social Security Code contains a number of provisions which enable effect to be given to the Convention. The Committee hopes that the new Social Security Code and the regulations issued under it will be adopted shortly and that they will ensure full effect to be given to the provisions of the Convention, particularly with regard to the following Articles which have been the subject of the Committee's comments for many years: Article 8 (List of occupational diseases); Article 15, paragraph 1 (Conversion of periodical payment into a lump sum); Article 22, paragraph 2 (Payment of part of the cash benefit to dependants in the event of suspension of the benefit).

3. Articles 19 and 20. The Committee takes note of certain statistical data provided by the Government. It observes, however, that the data are not sufficient to determine whether the amounts of the benefits paid in the event of temporary incapacity, permanent incapacity and death of the breadwinner (taking into consideration the family allowances paid before and, where appropriate, during the contingency) attain the level prescribed by the Convention. It therefore asks the Government to indicate whether recourse is had to Article 19 or to Article 20 of the Convention to establish that the percentages required by schedule II of this instrument are attained, and to provide the statistical information required by the report form adopted by the Governing Body, under Articles 19 or 20, according to the choice made.

4. Article 21. In its previous comments, the Committee asked the Government to supply information on the measures taken to ensure application of this provision of the Convention, which provides that the rates of cash benefits currently payable in respect of industrial accidents and occupational diseases shall be reviewed following substantial changes in the general level of earnings where these result from substantial changes in the cost of living. Given the importance it attaches to the adjustment of benefits, particularly in the present general economic situation, the Committee hopes that the Government will not fail to include the information requested in its next report, particularly the statistics required by the report form under this Article of the Convention.

5. Lastly, the Committee asks the Government to provide the texts of any law or regulations concerning compensation for industrial accidents and occupational diseases for public servants coming under the public service rules and who are not covered by the general social security system.