Observación (CEACR) - Adopción: 2016, Publicación: 106ª reunión CIT (2017)

Repetition

According to the information provided by the Government, the draft text to amend Legislative Decree No. 136 of 1983 establishing the legal framework for the compensation of employment injury is still awaiting validation by the Cabinet, before being submitted to Parliament for adoption. According to the Government, this draft text would give effect to Article 2 of the Convention by making the Legislative Decree applicable to apprentices. Furthermore, the draft of the new Labour Code includes the provisions of Article 5 (payment of benefits in the form of periodical payments and guarantee of the proper utilization of lump sum payments) and the guarantees envisaged in Article 11 in the event of the insolvency of the insurer. The requirements of Article 8 of the Convention, where recourse is had to this provision, prevail over domestic law (review of the periodical payments in the event of a change in the state of the victim), although broader studies on the matter are necessary. No further information is provided with regard to Article 6 (payment of compensation throughout the temporary contingency, and beyond the nine months envisaged in the Legislative Decree) and Article 7 (additional compensation for injured persons requiring the constant help of another person). According to the information provided by the National Social Security Fund, annexed to the Government’s report, in the event of an employment accident, compensation is provided as from the 11th day following the absence from work, contrary to Article 6 of the Convention, which provides that compensation shall be paid no later than from the fifth day after the accident. The Committee regrets that, despite the comments that it has been making for many years, the measures necessary to bring the national legislation into conformity with the Convention are still at the draft stage. The Committee trusts once again that the Government will make every effort to complete the current reforms with a view to guaranteeing all the protection afforded by the Convention to injured workers.