Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

Part IV (Employment injury benefit). Article 38 of the Convention (in relation to Article 69(f)). In its previous observation, the Committee referred to the rulings of the Federal Insurance Court (TFA) of 25 August 1993 and
21 February 1994, and asked the Government to bring the national legislation, in particular section 38(2) of the Federal Accident Insurance Act (LAA), into formal conformity with the above provisions of the Convention which authorize the suspension of benefit only where the contingency has been caused by the wilful misconduct of the person concerned. The Committee notes with satisfaction the Government’s statement that section 38 of the LAA has been repealed. It is therefore no longer possible to reduce the cash benefits of survivors on grounds of serious negligence. With regard to the reduction and refusal of benefits, section 21(1) and (2) of the Act on the general part of social insurance law, which entered into force on 1 January 2003, provides that cash benefits may be reduced or refused if the insured person has aggravated the contingency insured or has wilfully provoked the occurrence of the contingency insured; the benefits due to the relatives or survivors of the insured person are only reduced or refused if these relatives or survivors have wilfully provoked the occurrence of the contingency insured.