Observation (CEACR) - adoptée 1995, publiée 82ème session CIT (1995)

With reference to its previous comments, the Committee notes from the Government's report that the implementing regulations concerning the compensation for industrial accidents and occupational diseases provided for in section 58 of the Act respecting the social security system, No. 18/90, have not yet been approved and that, pending their adoption, the applicable legal provisions consist of section 141 of the General Labour Act of 1981, which requires all enterprises to insure their workers against industrial accidents and occupational diseases, and of the supplementing Resolution of the People's Assembly No. 12/81 of 7 November 1981. This Resolution provided that the compensation for occupational injuries would continue to be regulated by the system that was previously applicable, although the relevant legislation had been formally repealed and no new corresponding social security legislation had yet been adopted at that time. Taking into account the subsequent adoption of Act No. 18/90 mentioned above, the Committee asks the Government to indicate which provisions of the previous legislation still remain in force and to what extend they continue to ensure the payment of cash benefits to the victims of industrial accidents, in accordance with Articles 5 to 8 of the Convention. At the same time the Committee once again expresses the hope that the above-mentioned regulations concerning compensation for industrial accidents and occupational diseases provided for under section 58 of Act No. 18/90 will be adopted very shortly and that they will give full effect to the Convention. It requests the Government to indicate the progress made in this respect in its next report and to supply the text of these regulations when they have been adopted.

The Committee also draws the Government's attention to certain points that it is raising in a direct request.