Demande directe (CEACR) - adoptée 1998, publiée 87ème session CIT (1999)

The Committee has examined the information and the legislation supplied by the Government. It notes from the Government's latest report on Convention No. 102 that the Government refers to the new Pension Insurance Act which will enter into force as from 1 January 1999. The Committee would proceed with the detailed examination of this Act once it has at its disposal a translation of its text into one of the working languages of the Office and after having received from the Government detailed information on the incidence of its provisions on each of the relevant Articles of the Convention, including the statistical information on the level of the benefits, as requested by the report form. In this connection, the Committee would like to draw the Government's attention in particular to the provisions of Article 9, paragraph 2, of the Convention, according to which eligibility to employment injury benefit may not be made subject to the length of employment, to the duration of insurance or to the payment of contributions. In addition, it would like the Government to provide supplementary information on the following points.

Article 9, paragraph 3, of the Convention. (a) The Committee recalls that under Article 9(3), the benefits shall be granted throughout the contingency. It notes that under section 26 of the Law on Health Insurance in case of employment injury the employer is obliged to pay sickness benefit until full restoration of health of the employee concerned. Moreover, under section 30 of the said Act, the employee is entitled to sickness benefit during 30 days after the end of the employment relationship. Please indicate how the application of Article 9(3) is ensured in case the employment relation with this employee is terminated before full restoration of his health was possible.

(b) The Committee notes that, according to section 29 of the Law on Health Insurance, after 12 months of non-interrupted sickness an assessment concerning the qualification for invalidity benefit shall normally take place with sickness benefit payable for two more months. Please indicate whether and under which provisions the temporary incapacity benefit in case of employment injury continues to be payable after the expiration of the above-mentioned period, if an invalidity has not been established but the injured person has still not recovered or regained his ability to work.

Article 10. The Committee notes that in the case of employment injury the required types of medical care will be provided in particular both by the primary care and the specialized care for workers, the latter being provided under section 23 of the Law on Health Protection, on the basis of a contract between the employer and the health care institution and is being financed by the employer. Please indicate whether the failure of the employer to conclude such a contract and to finance such care might preclude an injured worker from getting the full range of medical care and allied benefits guaranteed by this provision of the Convention.

Article 18, paragraph 2. Please indicate how the funeral compensation mentioned in section 40 of the Law on Health Insurance is provided in practice in case of death due to employment injury, the current rate at which this compensation is paid and whether it covers the cost of a normal funeral.

Article 21. The Committee notes that the Government's report does not contain information on this Article. It hopes that in its next report the Government will not fail to explain the mechanism of the adjustment of long-term cash benefits and to supply all the statistical information requested in the report form.

Article 24. The Committee notes that, according to section 26 of the Law on Health Insurance, in case of employment injury the employer has to calculate, following the methods, level and delays prescribed by the Fund for Pension and Invalidity Insurance, and pay out the benefit until the working capacity of the worker concerned is fully restored. In case a worker complains to the Fund that the employer does not fulfil his obligations, the benefit is then paid by the Fund itself until the final decision is made and subject to the repayment by the employer of the sums advanced. The Committee would like the Government to explain how the representatives of the persons protected are participating in or are being associated with the management of such a system, which appears to be based primarily on the employer's liability as well as to include in its next report the statistical information on the number of cases where payment of the benefit has been taken over by the Fund.