Solicitud directa (CEACR) - Adopción: 1990, Publicación: 77ª reunión CIT (1990)

The Committee notes that the Government's report has not been received. It 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:

The Committee notes the information supplied by the Government and particularly the information regarding Article 4 and Article 18 (concerning beneficiaries of survivors' benefit) of the Convention. It also notes the various texts issued under Law No. 13 of 1980 on Social Security that were transmitted by the Government, including the Regulations on Registration, Contributions and Inspection of 1980, the Regulations on Social Security Pensions of 1981, and the Regulations on Disability Assessment of 1981. Furthermore, from the information supplied by the Government regarding Conventions Nos. 102 and 118, the Committee notes the establishment by Order No. 72 of 1985, of a commission to examine the International Labour Conventions and Recommendations, whose functions include responsibility for examining the comments of the Committee of Experts. The Committee accordingly hopes that following the examination of the question by the above Commission the Government will be in a position to supply with its next report information concerning the following points:

1. Article 7, paragraph 1. Under section 38, paragraph 3, of the Regulations on Social Security Pensions, it is necessary in order that commuting accidents be recognised as industrial accidents, that there is no stopping, delay or deviation of the normal, habitual route. Please indicate whether this condition also applies to the insured in cases where the stopping, delay or deviation from the route is involuntary.

2. Article 8. The Committee notes that the list of occupational diseases contained in Schedule A of the Regulation on Social Security Pensions of 1981 is not in complete conformity with the Convention with regard to the following points: (a) item 19 in the national Schedule of occupational diseases regarding pulmonary diseases due to dust makes no reference, inter alia, to silico-tuberculosis, contrary to the provisions of item 1 in Schedule I of the Convention, which also covers this disease provided that silicosis is an essential factor in causing the resultant incapacity or death; (b) item 17 of the national list covers disease and pathological symptoms provoked by radium, radioactive substances or by X-rays, whereas item 13 of the Schedule in the Convention is drawn up in a general way and covers diseases caused by ionising radiations of whatever form; (c) item 20 of the national list regarding anthrax infection does not refer, among the activities involving exposure to the risk, to the loading and unloading or transport of merchandise which may have been contaminated by animals or animal carcases infected with anthrax, contrary to what is provided in the right-hand column of item 15 of the Schedule of the Convention.

The Committee hopes that the Government will be able to take the necessary measures to complete the national list of occupational diseases annexed in Schedule A of the 1981 Regulation on Social Security Pensions, as indicated above. It also requests the Government to indicate, regarding anthrax infection, whether a worker suffering from this infection who is employed in work involving the handling of animal carcasses, in order to qualify for entitlement to the benefits envisaged under the Law on Social Security in the event of occupational diseases, has to provide proof that the carcasses were infected.

3. Article 10. The Committee notes from the Government's reply to its previous comments that basic medical care is provided by the Health Secretariat, which provides medical care in its general and overall sense to the insured and to members of his family. The Committee requests the Government to indicate the type of medical care granted in accordance with paragraph 1 of this provision of the Convention, particularly in respect of: (a) general practitioner and specialist in-patient and out-patient care, including domiciliary visiting; (b) dental care; (c) dental, pharmaceutical and other medical or surgical supplies; (d) the care provided by members of other professions legally recognised as allied to the medical profession.

4. Articles 13, 14 and 18 (in conjunction with Article 19 or 20). (a) Please provide the statistics called for in the report form adopted by the Governing Body under Titles I to V of Article 19 (including the wage of a skilled manual male employee determined in accordance with paragraph 6 of this Article) or under Titles I to V of Article 20 (including the wage of an ordinary adult labourer determined in accordance with paragraph 4 of this Article), whichever of these Articles is used for the purpose of the comparison of the level of the periodical benefit payments prescribed under national legislation with the level established by the Convention.

(b) The Committee notes that under section 17 of Law No. 13 of 1980 on Social Security the full disability pension due to employment injury cannot be less than the basic pension, to which shall be added half of the most recent income or wage on the basis of which the contributions due were fixed. The Committee requests the Government to indicate whether this minimum amount is guaranteed for all workers fulfiling the conditions laid down under section 17 of the Law on Social Security and under the relevant provisions of the Regulations on Social Security Pensions, irrespective of the resources and nationality of the beneficiary.

5. Article 21. Please indicate the manner in which and the provisions under which effect is given to this provision of the Convention, which provides that the amounts of cash benefits currently payable shall, for long-term benefits, be reviewed following substantial changes in the general level of earnings where these result from substantial changes in the cost of living. Please also supply the statistics called for in the report form under this Article of the Convention.

6. Article 22(e). Sections 39, 40 and 59 of the 1981 Regulations on Social Security Pensions provide, inter alia, that, should an employment injury be due to deliberate or serious misconduct by the insured, unless the accident results in the contributor's death or his total and permanent disability, the insured shall not be entitled to the cash benefits provided for under the legislation for occupational injury. Under section 39 of the above Regulations, deliberate or serious misconduct by the insured is considered to be: (a) injuries caused by willful drunkenness; (b) injuries arising out of clear violation, either intentional or serious, of instructions concerning occupational safety and health which are openly displayed in prominent places at the workplace or service site; (c) any other injuries provoked by a serious fault of the insured. The Committee considers that these provisions, with the exception of section 39, paragraph (a), go beyond what is authorised by Article 22(e) of the Convention which allows the suspension of benefits in cases where the employment injury has been caused by voluntary intoxication or by the serious and willful misconduct of the person concerned. The Committee would be grateful if the Government would supply with its next report examples of the practical application of the provisions set out in paragraphs (b) and (c) of section 39 of the Regulations (taken in conjunction with sections 40 and 59).

7. Please supply a copy of the Regulations prescribing short-term benefits for employees, issued under section 25 of Law No. 13 on Social Security of 1980, as well as a copy of the Decision of the Peoples' General Committee for Social Security establishing the conditions under which an injury caused by execution of exceptional strain or hard efforts in the course of performing work or service is considered to be an employment injury under section 41 of the 1981 Regulations on Social Security Pensions.