Demande directe (CEACR) - adoptée 1999, publiée 88ème session CIT (2000)

The Committee notes the information provided by the Government in its report. It also notes the adoption of Act No. 8/98 of 20 July 1998 of the Labour Code and section III of Chapter IV of the Act governing compensation for industrial accidents and occupational illnesses. In this regard, the Committee wishes to draw the Government's attention to the following points:

Article 2 of the Convention. (a) The Committee notes that section 3 of the abovementioned Act regulates employment in certain sectors of activities and the terms of employment which have been adapted to the particular nature and characteristics of these sectors. In these circumstances, the Committee requests the Government to kindly indicate in its next report whether certain sectors are outside the scope of section 3 of the abovementioned Act respecting compensation for industrial accidents and, if so, to specify the sectors concerned.

(b) Moreover, the Committee would be grateful if the Government would specify whether, and under which provisions, apprentices are entitled to compensation for industrial accidents.

Article 5. The Committee notes with interest that section 162 of the Labour Code envisages compensation in the form of a pension in the event of an industrial accident which results in permanent partial or temporary incapacity or death. Section 162(4) lays down that the legal regime governing pensions and compensation payable in the case of an industrial accident are governed by a specific regulation. In this regard, the Committee would be grateful if the Government would indicate in its next report whether this regulation has been adopted and, if so, to transmit a copy of the text.

Article 7. The Committee notes that under the terms of section 162(2) of the Labour Code injured workmen who require the constant help of another person are entitled to additional compensation. The Committee requests the Government to specify, in accordance with the report form, the conditions which govern the payment of additional compensation and the amount of additional compensation payable under section 162(2) of the Code.

Article 9. Section 156(1) and (2) of the Code lays down that the employer or the accident insurance institutions shall be liable for medical aid, medication, and other treatments required by injured workmen in the event of an industrial accident. The Committee would be grateful if the Government would provide more detailed information on the nature of the medical aid referred to and, in particular, whether hospitalization or surgery is included, as envisaged under Article 9 of the Convention.

Article 11. The Committee notes that under section 160 of the Labour Code, employers must subscribe all workers to a collective insurance covering industrial injury and occupational diseases and that section 161 of the abovementioned Act provides workers participating in high-risk activities with additional insurance cover. The Committee requests the Government to kindly specify whether, and under which provisions, compensation is payable to injured workmen or their beneficiaries in the event of the insolvency of the insurer. Please also communicate, where appropriate, copies of insurance contracts which have been concluded by employers.

Part V of the report form. The Committee would be grateful if the Government would provide information on the practical application of the Convention, as required under Part V of the report form.