Observación (CEACR) - Adopción: 2007, Publicación: 97ª reunión CIT (2008)

For many years, the Committee has been drawing the Government’s attention to the need to amend Legislative Decree No. 136 of 1983 which, while awaiting the implementation of the employment injury branch of the Social Security Code of 1963, establishes the legal framework for compensation of employment injury. The comments made in this respect relate to bringing the national legislation into conformity with the following provisions of the Convention: Article 2 – the necessity to make the above Legislative Decree applicable to apprentices; Article 5 – the necessity to provide in the event of employment injury that the compensation shall be paid in the form of periodical payments to the injured worker or his or her dependants, provided that it may only be paid in the form of a lump sum where there are guarantees that it will be properly utilized; Article 6 – the payment of compensation in case of temporary incapacity throughout the duration of the invalidity, that is until the worker is cured, or up to the date of the commencement of the periodical payments for permanent incapacity; Article 7 – necessity to provide additional compensation where the worker requires the constant help of another person; Article 8 – provision for review of the periodical payments either automatically or at the request of the beneficiary in the event of a change in the condition of the worker; and Article 11 – making provision for guarantees in the event of the insolvency of the insurer, inter alia.

In its previous report provided to the Office in 2003, the Government indicated the existence of a draft text which would give effect to certain provisions of the Convention (Articles 2 and 5). However, the Government indicates in its report provided in 2006 that the text has not yet been approved. It nevertheless reiterates its desire to amend Legislative Decree No. 136 of 1983 with a view to bringing the national legislation into full conformity with the above provisions of the Convention.

The Committee takes due note of this information. As the points referred to above have been the subject of its comments for many years, the Committee hopes that the Government will be in a position to indicate the progress achieved in its next report in giving full effect to the Convention. The Committee would also be grateful if the Government would keep it informed of all measures adopted or envisaged in relation to the implementation of the employment injury branch of the Social Security Code.