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

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

The report states that the Pensions and Social Security Department has resumed since 2006 compilation of statistics on the number of occupational accidents registered throughout the country since 2006 and that work has continued in regard to investigation and compensation of work-related accidents covered by the Pensions and Social security Act of 1971. Given the profound changes that have occurred in the country, the Committee would be grateful if the Government would supply with its next report detailed information on the manner in which national law and  practice give effect to the main provisions of the Convention requiring payment of compensation and medical and pharmaceutical treatment to the victims of occupational accidents (or their dependents in case of death).

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

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination at its next session and that it will contain full information on the manner in which the national legislation gives effect to each of the provisions of the Convention.

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

The Committee notes with regret that the report supplied by the Government repeats word for word the report provided in 1993. It trusts, in these conditions, that the Government will not fail to provide detailed information on the following points, which have been raised in its comments for many years.

Article 2 of the Convention.  In its previous comments, the Committee requested the Government to indicate the categories of workers who may benefit under section 112 of the Labour Code of 1987, which provides for the application to uninsured workers of the provisions on employment accidents of Act No. 39 of 1971 respecting workers’ retirement and social security. The Committee wished in particular to be informed whether this section only concerns workers whom the employer has omitted to insure, even though they are covered by Act No. 39 of 1971, or whether it also covers workers who cannot be insured because they do not come within the scope of the social security system.

In this respect, the Committee noted Instruction No. 3130 of 12 February 1989 respecting the compensation of uninsured workers in the event of employment accidents. It also noted the Government’s statement that all workers are covered by the protection, irrespective of whether they are insured, including workers whom the employer has omitted to insure. In view of the fact that, by virtue of section 3, the application of Act No. 39 of 1971 to all the workers covered by the Labour Code will be progressive, the Committee once again requests the Government to indicate whether section 112 of the Labour Code, as well as the above Instruction, also apply to workers who cannot yet be insured under the terms of the above Act, and particularly those working in enterprises employing fewer than five workers.

Article 5.  For a number of years, the Committee has been pointing out to the Government that the national legislation does not appear, in accordance with this provision of the Convention, to ensure the proper utilization of the compensation paid in the form of a lump sum to the victim of an employment accident causing permanent incapacity of less than 35 per cent. It recalls that, in its previous report, the Government stated that the beneficiaries in question receive the compensation and at the same time keep their job and the whole of their wage, but that the Government did not indicate the provisions by virtue of which the workers concerned keep their job and their wage. In its 1992 observation, the Committee therefore requested the Government to supply further information on this subject.

In its report, the Government refers to section 36(5) of the Labour Code of 1987, by virtue of which a contract of employment shall be terminated "when the worker has become incapacitated to the extent of 75 per cent or more and is unfit to work, as substantiated by an official medical certificate". According to the Government, this means that a contract of employment cannot be terminated in cases where the worker suffers from a rate of permanent incapacity which is below 75 per cent. While noting this information, the Committee notes that this provision does not appear to prevent a contract of employment being terminated in the case of workers who are incapacitated to an extent that is less than 75 per cent on grounds other than incapacity referred to in this section of the Labour Code. It may be deduced from the above that the maintenance in employment of victims of employment accidents resulting in a rate of permanent incapacity of under 35 per cent, referred to by the Government, does not provide sufficient grounds for dispensing the competent authority from ascertaining the proper utilization of the lump sum paid to such victims by way of compensation. In these conditions, the Committee is bound once again to hope that the Government will take all the necessary measures to ensure observance of the Convention in this respect.

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

Article 2 of the Convention. In its previous comments, the Committee requested the Government to indicate the categories of workers who may benefit under section 112 of the Labour Code of 1987, which provides for the application to uninsured workers of the provisions respecting industrial accidents of Act No. 39 of 1971 respecting workers' retirement and social security. The Committee wished in particular to be informed whether this section only concerns workers whom the employer has omitted to insure, even though they are covered by Act No. 39 of 1971, or whether it also covers workers who cannot be insured because they do not come within the scope of social security.

In this respect, the Committee notes Instruction No. 3130 of 12 February 1989 respecting the compensation of uninsured workers in the event of industrial accidents, the text of which was supplied by the Government, as well as its statement that all workers are covered by the protection irrespective of whether they are insured and that this coverage concerns workers whom the employer has omitted to insure. In view of the fact that, by virtue of section 3, the application of Act No. 39 of 1971 to all the workers covered by the Labour Code will be progressive, the Committee once again requests the Government to indicate whether section 112 of the Labour Code, as well as the above Instruction, also apply to workers who cannot yet be insured under Act No. 39 of 1971, and particularly those working in enterprises employing fewer than five workers.

Article 5. For a number of years, the Committee has been pointing out to the Government that the national legislation does not appear, in accordance with this provision of the Convention, to ensure the proper utilization of the compensation paid in the form of a lump sum to the victim of an industrial accident causing permanent incapacity of less than 35 per cent (or to his dependants in the event of death). The Committee recalls that the Government stated in its previous report that the beneficiaries in question receive the compensation and at the same time keep their job and the whole of their wage, but that the Government did not indicate the provisions by virtue of which the workers concerned keep their job and their wage. In its 1992 observation, the Committee therefore requested the Government to supply further information on this matter.

In its latest report, the Government refers to section 36(5) of the Labour Code of 1987, by virtue of which a contract of employment shall terminate "when the worker has become incapacitated to the extent of 75 per cent or more and is unable to work, as substantiated by an official medical certificate". According to the Government, this means that a contract of employment cannot be terminated in cases where the worker is the victim of a rate of permanent incapacity which is below 75 per cent. While noting this information, the Committee notes that this provision does not appear to prevent a contract of employment being terminated in the case of workers who are incapacitated to an extent that is less than 75 per cent on grounds other than incapacity referred to in the above section 36 of the Labour Code. In these conditions, the Committee is bound once again to hope that the Government will adopt the necessary measures to ensure, in accordance with the Convention, the proper utilization of the compensation paid in the form of a lump sum to victims of industrial accidents which have resulted in permanent incapacity of less than 35 per cent.

Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

Article 2 of the Convention. In reply to the Committee's previous comments, the Government indicates that section 112 of Act No. 71 of 1987 to issue the Labour Code provides for the application to uninsured workers of the provisions respecting industrial accidents of Act No. 39 of 1971 respecting workers' retirement and social security, and that protection against industrial accidents therefore covers all establishments, both public and private, irrespective of the number of workers employed therein. The Committee notes this information with interest. It requests the Government to indicate in its next report the categories of workers who may thus benefit from the extension of protection in respect of compensation for industrial accidents in both the private and public sectors.

The Committee would also be grateful if the Government would indicate whether section 112 of Act No. 71 of 1987 only concerns workers whom the employer has omitted to insure, as they are covered by Act No. 39 of 1971 respecting workers' retirement and social security, or whether it also covers workers who cannot be insured because they do not lie within the scope of the social security. Finally, the Committee requests the Government to supply the texts of legislative provisions, regulations or administrative measures adopted by the Social Security Institute to give effect to the principle set out in section 112 of Act No. 71 of 1987.

Article 5. In reply to the Committee's previous comments on the question of ensuring the proper utilisation of the compensation paid in the form of a lump sum in the case of permanent partial incapacity of less than 35 per cent, the Government states that the beneficiaries in question receive the compensation and at the same time keep their job and the whole of their wage. While noting this information with interest, the Committee requests the Government to indicate the relevant provisions which ensure that workers suffering permanent incapacity of less than 35 per cent retain their jobs and their wages.

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

The Committee notes the information supplied by the Government concerning Article 7 of the Convention.

Article 2 of the Convention. In reply to the Committee's previous comments, the Government indicates that section 3 of Act No. 39 of 1971 respecting retirement and social security provides that this Law shall apply to all workers who are covered by the Labour Code, and that it shall be applied to them progressively. The Government is endeavouring to find suitable solutions so that social security covers all public and private establishments and enterprises, irrespective of the number of employees. The Committee notes this information. However, it is bound once again to express the hope that the Government will soon be able to modify the above Act in order to extend protection against industrial accidents to any enterprise or establishment of whatever nature, whether public of private, however many employees they have, in accordance with the Convention. The Committee requests the Government to continue supplying information on any progress achieved in this respect.

Article 5. In reply to the Committee's previous comments on the question of ensuring the proper utilisation of the compensation paid in the form of a lump sum in the case of permanent partial incapacity of less than 35 per cent, the Government refers to section 56 of Law No. 39 of 1971 which provides for the payment as a lump sum of the compensation in question but which does not appear to ensure its proper utilisation, in accordance with this provision of the Convention. In these circumstances, the Committee hopes that the Government will take the necessary measures to give full effect to the Convention on this point. [The Government is asked to report in detail for the period ending 30 June 1991.]