Demande directe (CEACR) - adoptée 2001, publiée 90ème session CIT (2002)

The Committee takes note of the information and statistics provided by the Government in its report and the report on Convention No. 102, particularly those relevant to Article 9, paragraph 3, Article 10 and Article 21. It also notes the Act on Pension Insurance of 1998, an English translation of which was enclosed by the Government.

Article 8 of the Convention. The Committee notes the Act of 1998 concerning the list of occupational diseases. It observes that, as translated by the Office, the list appears not to be fully consistent with the list of occupational diseases (amended in 1980) in Schedule I to the Convention, particularly in respect of the following points.

1. Item 37 of the national list of occupational diseases mentions only fibrosis, pneumonia and asthma as pulmonary diseases caused by hard-metal dust, whereas item 2 in the list appended to the Convention refers to broncho-pulmonary diseases in general.

2. Items 14 and 15 of the list appended to the Convention which refer respectively to diseases caused by fluorine or its toxic compounds and diseases caused by carbon disulfide seem not to be mentioned in the national list.

3. Item 19 of the list appended to the Convention which concerns diseases caused by nitroglycerine or other nitric acid esters seems not to have any equivalent in the national list.

4. The list of activities liable to result in diseases caused by asphyxiants, item 25 in the national list, appears to be more restrictive in its enumeration of substances than the left-hand column of item 21 of the list appended to the Convention.

The Committee hopes that the Government’s next report will indicate that measures have been taken to bring the national list of occupational diseases fully into conformity with that of the Convention regarding the abovementioned points.

Article 14, paragraphs 3 to 5. The Committee recalls that, according to article 34(1) of the Act on Pension Insurance, there is incapacity to work where the insured person undergoes changes in his or her health which cannot be cured and the capacity to work is permanently reduced by more than one half as compared to a physically and mentally healthy person of the same or similar education and capacity. However, the Act appears not to provide for invalidity benefit where the incapacity to work is lower than 50 per cent. The Committee nonetheless notes that, according to sections 56 and following of the Act, a compensational benefit for physical damage is paid where an insured person sustains loss of or serious injury to an organ or body part which makes normal activity more difficult and requires more effort in performance of basic personal activities, regardless of whether or not the damage led to disability. The Committee would be grateful if the Government would provide detailed information on the manner in which effect is given to the abovementioned provisions of the Convention, particularly Article 14, paragraph 3, which provides that in case of substantial partial loss of earning capacity likely to be permanent which is in excess of a prescribed degree, or corresponding loss of faculty, the benefit shall be a periodical payment representing a suitable proportion of that provided for in Article 14, paragraph 2.

Article 16. As the Government states in its report, the Act on Pension Insurance of 1998 no longer provides for supplementary benefits for disabled persons requiring the constant help or attendance of another person. According to the Government, this benefit has been transferred to the social assistance system. The Committee asks the Government to provide additional information on the way effect is given to this provision of the Convention, and particularly on the requirements to be met by persons disabled by occupational accident or disease who need the constant help or attendance of another person in order to qualify for supplementary benefit under the social assistance system. It also asks the Government to provide detailed information on the practical implementation of sections 56 and following of the Act on Pension Insurance providing for compensation for physical damage.

Article 18, paragraph 2. The Committee notes from the information supplied by the Government in its report that the amount of the funeral benefit provided for in article 40 of the Health Insurance Act, which is currently 850 kunas, is not sufficient fully to cover the normal cost of a funeral. The Committee hopes that the Government will be able to indicate measures taken or envisaged to ensure that full effect is given to this provision of the Convention, under which a funeral benefit shall be provided at a prescribed rate which shall not be less than the normal cost of a funeral, as is already the case for certain categories of insured persons.

Article 22, paragraph 2. Under this provision, where a benefit is suspended, part of it must be paid to dependants of the persons concerned. Please explain the manner in which effect is given to this provision of the Convention in cases other than those referred to in section 54(9) of the Pensions Act.

Article 24. In reply to the Committee’s previous comments, the Government indicates that, pursuant to section 26 of the Health Insurance Act, compensation for occupational injury must be paid by the employer throughout the period of sick leave except in the event of bankruptcy, in which case the benefit is paid by the Health Insurance Institute of Croatia. Where the employer has not determined the compensation due according to the set procedure in accordance with the levels and within the time limit set by law, the insured person may file a complaint with the Institute, which is bound to ensure payment of the compensation pending a final ruling. The Government adds that the number of cases in which the abovementioned Institute has taken over the payment of such compensation is negligible (as a rule a few dozen cases a year) and that, since the Health Insurance Act of 1993 has been in force, the Institute has received no complaints from insured persons. The Committee takes note of this information. It asks the Government to continue to provide information on any further developments in this respect.