Demande directe (CEACR) - adoptée 2004, publiée 93ème session CIT (2005)

The Committee notes the information provided by the Government in reply to its previous comments.

1. The Government indicates in its report that the "occupational accidents and diseases" branch provided for under the Social Security Code has not yet been established. It adds that the comments made previously by the Committee have been forwarded to the National Social Security Fund to be taken into consideration. As Legislative Decree No. 136 of 16 September 1983 on occupational accidents, which remains the sole text applicable in this context, contains a certain number of divergences with the Convention, the Committee hopes that the Government will be able to take the necessary steps to ensure in the near future the entry into force of the "occupational accidents and diseases" branch envisaged by the Social Security Code, which responds to the principles set forth by the Convention and that, on this occasion, the coverage of the insurance scheme will be extended so as to cover foreign workers and their dependants, in accordance with Article 2 of the Convention.

2. Furthermore, with regard to Legislative Decree No. 136 of 1983, referred to above, the Committee notes with interest that a draft amendment to the Labour Code formulated by the tripartite committee established under Order No. 200/1/2000 provides, in accordance with Article 5 of the Convention, for the payment in the form of periodical payments of the compensation payable to an injured worker or her or his dependants, and that such compensation can be paid in its entirety in the form of a lump sum where guarantees are established of its proper utilization. Furthermore, in accordance with Article 2 of the Convention, the draft amendment provides for the coverage of apprentices by the provisions on the compensation of accidents.

The Committee therefore hopes that, while awaiting the establishment of the occupational accidents and diseases insurance scheme, this draft amendment will be adopted in the near future and that, on this occasion, the necessary measures will be adopted to supplement the provisions of Legislative Decree No. 136 of 1983, referred to above, so that full effect is also given to the following Articles of the Convention: Article 6 (in case of temporary incapacity for work, the payment of benefit to the injured person throughout the period of incapacity, that is until the victim is cured, or up to the date of the commencement of permanent incapacity benefit); Article 7 (additional compensation for injured workers requiring the constant help of another person); Article 8 (the review of the periodical payment, either automatically or at the request of the beneficiary, in the event of a change in the condition of the beneficiary) and Article 11 (guarantees against the insolvency of the insurer, inter alia).

In view of the fact that the above points have been the subject of its comments for many years, the Committee trusts that the Government will be in a position to indicate in its next report the progress achieved in securing the full application of the Convention.