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The Committee notes the information provided by the Government in its report and would be grateful to receive further information on the following point.
Article 1, paragraph 2, of the Convention. With regard to the payment abroad of benefits in the event of an industrial accident, the Government refers in its report to a number of bilateral social security agreements which guarantee the principle of equality of treatment. While noting this information, the Committee would be grateful if the Government would indicate in its next report the arrangements, in the absence of a bilateral social security agreement, governing the payment of industrial accident benefits in the event of residence abroad both with regard to Lithuanian nationals and their dependants and the nationals of countries which have ratified Convention No. 19 and their dependants. The Committee recalls that this Convention has currently been ratified by 120 States and that, in case of industrial accidents, it guarantees the payment abroad of periodical payments for the nationals of all the States that have ratified it, on condition that such payments are made by a State in respect of its own nationals. As a consequence, as the group of States which have ratified Convention No. 19 generally exceeds that of the States with which bilateral social security agreements have been concluded, this instrument guarantees the principle of equality of treatment between the nationals of a particular country and the nationals of all the countries that are parties to the Convention. In this respect, the Committee requests the Government to provide statistical data with its next report on the payment of compensation benefits for industrial accidents in the case of residence abroad: (i) in countries that are parties to the Convention with which bilateral agreements have been concluded; and (ii) in countries which, although parties to Convention No. 19, are not bound by a bilateral social security agreement with Lithuania.
The Committee notes the report provided by the Government in reply to its previous comments and the attached legislative texts. It wishes to draw the Government’s attention to the following point.
Article 1, paragraph 2, of the Convention. The Committee notes that, under the terms of article 36(7) of the Law on Social Insurance for Occupational Accidents and Occupational Diseases of 1999, issues relating to the provision of benefits to persons resident in another State are governed by international agreements. The Committee also notes that the Government refers in its report in this respect to the standard clause contained in the bilateral social security agreements to which Lithuania is a party, under the terms of which benefits for occupational accidents shall not be reduced or suspended on the grounds of the residence of the insured person on the territory of another party. In the event of residence in a third country, treatment equal to that provided to nationals of one party has to be granted to nationals of the other State party. The Committee requests the Government to indicate in this respect whether, in accordance with this provision of the Convention, the special arrangements entered into with certain countries respecting the transfer of benefits apply under the same conditions to all foreign workers who are nationals of a country that has ratified the Convention and their dependants.
The Government indicates in its report that the application of legislative provisions regarding compensation for occupational accidents is complicated by contradictions between the various legislative instruments which regulate the area. Moreover, these provisions are obsolete and ill adapted to the situation and the labour market. The Ministry of Labour and Social Security has therefore prepared a draft Act on mandatory insurance for occupational accidents, as well as a temporary draft Act on compensation for the harm done in case of occupational accidents or disease. The Government indicates in this connection that the draft Act on obligatory insurance which provides for the payment of benefits for both national and foreign citizens and their dependants will shortly be presented to the Government and the legislature.
The Committee notes this information. It also notes the adoption of the Temporary Act No. VIII-366 of 1 July 1997 on compensation for damage linked to occupational accidents or disease. The Committee hopes the Government will indicate in its next report whether the draft Act on mandatory insurance for occupational accidents has been adopted and, if so, to transmit a copy thereof for examination by the Committee.
Article 1, paragraph 2, of the Convention. The Committee requests the Government to specify whether, and under which provisions, workers who suffer occupational accidents and leave Lithuania, as well as their dependants, may be entitled to receive payment of benefits in their country of residence in the case of both national and foreign workers.