Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

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.