Solicitud directa (CEACR) - Adopción: 2001, Publicación: 90ª reunión CIT (2002)

The Committee takes note of the information supplied by the Government in its last report and the legislation referred to. It would be grateful if the Government would provide further information on the following points.

Article 2 of the Convention. The Committee notes that section 6(6) and (8) of the State Compulsory Social Insurance Act does not include the insurance against work injuries and occupational diseases established in section 4 of the Act among the branches of insurance which must apply to both the national and foreign employees of a foreign employer. The Committee asks the Government to indicate how effect is given to this provision of the Convention which includes workers of a foreign employer. Please also indicate whether and, if so, under which provisions, apprentices are covered by the workers’ compensation scheme established by the Compulsory Social Insurance against Occupational Accidents and Occupational Diseases Act of 1995.

Article 5. The Committee would also be grateful if the Government would provide detailed information on the conditions governing the eligibility of the widow and children of the injured workman to compensation for loss of the breadwinner, in view of the fact that section 14(4)(1) specifies that compensation for loss of breadwinner is payable to those family members of the insured person who are incapable of working.

Article 7. Please provide information on the practical effect given to section 20(6) of the Compulsory Social Insurance against Occupational Accidents and Occupational Diseases Act which establishes that the State Social Insurance Agency may increase the compensation due for loss of capacity to work where the injured person requires the help of another person. Please indicate in particular whether and, if so, in what cases, the Agency has refused to increase the compensation though the need for such assistance was acknowledged by the Medical Commission of Health and Labour Capacity.

Article 8. The Committee notes that pursuant to section 6(14) of the abovementioned Act, the State Social Insurance Agency must ensure that the injured person undergoes repeated examinations in case of doubt that the loss of capacity for work has not been evaluated correctly. Please provide information on the application in practice of this provision, stating in particular whether the medical examination conducted by the abovementioned Medical Commission may take place at any time or at specified intervals and at the request of the injured person.

Article 11. The Committee takes note of the information supplied by the Government in its report concerning the effect given to this provision of the Convention. It would be grateful if the Government would indicate whether and, if so, under which provisions, payment of the part of the compensation for temporary incapacity for work payable by the employer during the first 14 days is ensured in any event if the employer becomes insolvent, pursuant to section 19(3)(1) of the Compulsory Social Insurance against Occupational Accidents and Occupational Diseases Act. Please also state whether the bill on the protection of employees in the event of the employers’ insolvency has been adopted and, if so, provide a copy of it.