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

With reference to the Committee's previous comments, the Government states that the regulations respecting compensation for employment injury, envisaged under section 58 of Act No. 18/90 on the social insurance system, have not yet been adopted, but have been submitted to the Council of Ministers for this purpose. The Government confirms that until the above regulations are adopted the following legislation remains in force: section 141 of the General Labour Act, under which enterprises are required to insure their employees against employment injury; Title III of the Labour Code of 1957 (Decree No. 2827) and Chapter V of Title VII of the Rural Labour Code of 1962 (Decree No. 44309), despite the fact that these two Decrees were repealed by section 169 of the General Labour Act of 1981.

The Committee notes this information. In this respect, it reminds the Government that the schedules of occupational diseases contained in the 1957 Labour Code and the 1962 Rural Labour Code had been the subject of comments by the Committee in 1980, since certain activities liable to cause poisoning by lead, its alloys or compounds and by mercury, its amalgams and compounds were not mentioned. In these conditions, the Committee hopes that the Government will be able to take all the necessary measures to adopt in the near future the regulations respecting compensation for employment injury, envisaged under section 58 of Act No. 18/90. It also hopes that these regulations, in accordance with Article 1 of the Convention, will ensure that compensation is payable to the victims of occupational diseases and their dependents, in accordance with the general principles of the compensation of employment injury, and that they will include a schedule of occupational diseases which contains all the diseases and toxic substances and the corresponding industries and processes set out in the schedule annexed to Article 2 of the Convention. The Committee requests the Government to provide detailed information on the progress achieved in this respect and to provide copies of the above regulations as soon as they have been adopted.