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With reference to its previous comments, the Committee notes the information provided by the Government in its reports, as well as the statistics provided on the number and nature of industrial accidents that occurred during the period covered by the report. It wishes to draw the Government’s attention to the following points.
Article 2 of the Convention. Exclusion of certain economic sectors from the scope of the Labour Act. The Committee notes the Government’s statement that Labour Act No. 8/98 is applicable to all economic sectors. It would be grateful if the Government would keep it informed of the adoption, where appropriate, of any text issued under section 3 of the Labour Act that provides for a special scheme covering certain workers or economic sectors.
Protection of apprentices against industrial accidents. The Government states that, in so far as it does not lay down that apprentices are to be covered against the risk of industrial accidents, the Labour Act is not in complete conformity with the Convention. However, it states that it intends to examine, in collaboration with the social partners, how effect could be given to this provision of the Convention, which does not provide for the possibility of excluding apprentices from protection against the risk of industrial accidents. The Committee notes this statement and hopes that, in its next report, the Government will be in a position to report the measures taken in practice, by means of a circular or regulations, to extend to apprentices the protection against industrial accidents to which they are entitled under the Convention.
Article 5. Periodical payments payable where permanent incapacity or death results from the injury. In its previous comments, the Committee requested the Government to provide the text establishing the legal framework for pensions and compensation payable in the event of an industrial accident, adopted under section 162 of the Labour Act which governs issues of compensation where permanent incapacity, total or partial, or death results from the employment injury. In its latest report, the Government refers in this regard to Legislative Decree No. 1706, of 19 October 1957, establishing the legal framework for industrial accidents and occupational diseases, and states that a copy of this text appears as an annex to its report. The Committee notes this information. However, as the copy of the text mentioned by the Government has not been received by the Office, and the Committee only has at its disposal an old version of that text, it would be grateful if the Government would provide, with its next report, a consolidated copy of Legislative Decree No. 1706, including, where appropriate, any amendments which may have been made since its adoption. Please also provide information on the way in which effect is given to Article 5 of the Convention and reply to the questions in Part V of the report form.
The Committee also notes that the labour inspectorate’s report for 2005 shows that the failure by employers to fulfil their obligation to take out collective insurance for their workers against industrial accidents and occupational diseases constitutes, by far, the second most widely reported violation in the country. It therefore requests the Government to state, in its next report, the measures taken to ensure that better effect is given to section 160 of the Labour Act. The Government is also requested to indicate the rights of workers who suffer personal injury due to an industrial accident whose employers have failed in their obligation to take out the above collective insurance.
Article 7. Payment of additional compensation to persons injured in such a way that they must have the constant help of another person. The Committee notes the Government’s statement that there is no text determining the amount of the additional compensation payable under section 162(2) of the Labour Act to workers where their injury is such that they must have the constant help of another person. It hopes, in these circumstances, that the Government will take the necessary measures to give effect to this right, guaranteed by the Labour Act, and that it will be in a position to inform it in its next report of the progress made in this regard.
Article 9. Medical, surgical and pharmaceutical aid. The Committee notes the Government’s statement that section 156 of the Labour Act guarantees workers medical aid, including surgical aid, in case of industrial accidents. It would be grateful if the Government would state the nature and duration of this aid and the institution from which such aid is due.
Article 11. Guarantees in the event of insolvency of the employer or insurer. Under section 160 of the Labour Act, employers must take out collective insurance for all their workers to provide cover against industrial accidents and occupational diseases, with section 161 providing for supplementary insurance for workers carrying out high-risk work. In reply to the question of whether, and if so under which provisions, the payment of compensation to injured workers or their dependants is guaranteed in the event of the insolvency of the insurers, the Government states that it is the responsibility of the competent authorities to determine the legal situation of beneficiaries in the event of the insolvency of the insurer. The Committee therefore requests the Government to keep it informed of any measure taken to give effect to this provision of the Convention, which is intended to guarantee payment of the compensation due to injured workers in the event of the insolvency of the insurer.
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.
The Committee notes the adoption of Labour Act No. 8/98 of 20 July 1998. The Committee refers to its previous comments and notes with satisfaction that, in accordance with Article 7 of the Convention, section 162(2) of the new Act guarantees an additional benefit to workmen injured in such a way as to require the constant help of another person.
Moreover, a request regarding certain points is being addressed directly to the Government.
1. The Committee has noted the information provided by the Government in its report according to which the National Social Security Institute does not yet cover the "industrial accidents" branch. It would therefore seem that compensation for such accidents is still regulated by Chapters XII and XIII of the Labour Code (Act No. 8 of 14 December 1985). The Committee wishes to draw the Government's attention to this fact and to receive additional information on the following points.
Article 2 of the Convention. The Committee notes that under section 2 of the Labour Code, special regulations will determine the methods for applying the law to certain activity sectors. Please indicate whether these regulations have been adopted in relation to compensation for industrial accidents and, if so, for which activity sectors.
Furthermore, the Committee would be grateful if the Government would specify whether, and under which provisions, compensation for industrial accidents is guaranteed for apprentices.
Article 5. The Committee notes that section 150 of the Labour Code provides for compensation for an injured worker or his dependants by an employer without specifying either the amount or type (periodical payments or lump sum) of this compensation. The Committee recalls that Article 5 of the Convention stipulates that the compensation payable to the injured workman, or his dependants, where permanent incapacity or death results from the injury, shall be paid in the form of periodical payments; provided that it may be wholly or partially paid in a lump sum, if the competent authority is satisfied that it will be properly utilized. The Committee requests the Government to provide more detailed information on the methods for payment of the compensation due in the case of an industrial accident. Please also indicate the provisions applicable to the amount of such compensation.
Article 6. Please specify the period for which compensation is paid in the case of temporary incapacity, pursuant to section 150 of the Labour Code, together with the relevant legal provisions.
Article 7. The Committee would be grateful if the Government would indicate whether, and under which provisions, additional compensation is provided for workmen suffering injuries of such a nature that they must have the constant help of another person, as set out in this Article of the Convention.
Article 9. Under section 145, paragraph 2, and section 148, paragraph 2, of the Labour Code, medical aid is guaranteed for injured workmen who are entitled to the necessary medication and treatment. The Committee would be grateful if the Government would provide more detailed information on the nature of this aid, by specifying in particular whether it includes the surgical aid referred to in this Article of the Convention, and also hospitalization.
Article 11. The Committee notes that under section 153 of the Labour Code, employers must take out a group insurance for all their workers covering occupational accidents and diseases. The Committee requests the Government to specify whether provisions exist for ensuring in all circumstances the payment of compensation to workmen who suffer personal injury, by guaranteeing against the possible insolvency of insurers. Please also provide copies of the most common insurance contracts.
2. In addition, the Committee would be grateful if the Government would provide, as requested in point V of the report form, information on the practical application of the Convention.