Solicitud directa (CEACR) - Adopción: 1995, Publicación: 83ª reunión CIT (1996)

The Committee has examined the first report of the Government and would like to receive additional information on the following points.

1. Article 4 of the Convention. Please provide the statistical information requested by the report form on the Convention adopted by the Governing Body, including in particular data on the number of employees protected under both the Health Care and Health Insurance Act 1992 and the Pension and Disability Insurance Act 1992, in relation to the total number of employees.

2. Article 8. The Committee notes from the Government's report that a new list with a new definition of occupational diseases is under preparation. It hopes that the new list will ensure compliance with the list of occupational diseases contained in Schedule I to the Convention, in particular as regards the list of work involving exposure to the risks concerned (items 1 to 12 and 15 of Schedule I), and that the Government will supply a copy of it, when adopted.

3. Article 9, paragraph 3. The Committee notes that section 29 of the Act of 12 February 1992 on health care and health insurance sets out a waiting period of 30 working days for the payment of cash benefit for incapacity for work, including cases of incapacity caused by employment injury, whereas the Convention permits not to pay the benefit only for the first three days of suspension of earnings. It further notes from the Government's reports on Conventions Nos. 17, 24 and 102 that under collective agreements made under the Labour Relations Act, the payment of benefits from the first to the 30th working day is generally ensured by the employer, while from the 31st working day on it is paid from compulsory insurance. The Committee asks the Government to supply examples of the relevant provisions of the collective agreements in force and to indicate the provisions of the legislation which ensure that the benefit is actually provided by the employers until it is assumed by compulsory insurance even in the absence of such collective agreements.

4. Article 10, paragraph 1. Please specify what provisions in the national legislation ensure to the protected persons in respect of a morbid condition the provision free of charge of all types of medical care and other benefits mentioned in subparagraphs (a) to (g) of paragraph 1 of this Article of the Convention.

5. Articles 13 (temporary incapacity benefit), 14 (permanent incapacity benefit) and 18 (survivors' benefit) (in conjunction with Article 19 or Article 20). The Committee asks the Government to supply, in respect of each of the benefits provided by the above-mentioned Articles, the statistical information in the manner set out in the report form adopted by the Governing Body under the corresponding titles of Article 19 or Article 20 of the Convention, depending on which Article is selected for the purpose of the calculation of the amount of benefit.

6. Article 17. The Government states that the cases referred to in this Article are prescribed by law. Please specify the provisions of the legislation and explain the procedure for the revision of the degree of permanent incapacity and of the corresponding amount of benefit.