Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Repetition

Article 8 and Schedule I to the Convention. List of occupational diseases. The Committee notes the reply provided by the Government in its report to the Committee’s request for information on the planned review of the list of occupational diseases, and the indication by the Government that a new list of occupational diseases is being prepared. The Committee requests the Government to continue providing information in this respect and hopes that the new list will be aligned with the list of occupational diseases contained in Schedule I to the Convention, in accordance with Article 8.

Article 22. Reasons for the reduction of benefits. In its previous comments, the Committee noted that the reduction of a partial invalidity pension by 30 per cent in case an insured person terminated an employment at his/her own will and through his/her own fault, was not envisaged in the Convention. The Committee notes the Government’s indication that the reduction of the pension is a temporary measure which aims at encouraging persons with reduced working capacity to remain on the labour market and improving their social inclusion. The Committee also notes the information provided by the Government in its 14th (2019) annual report on the application of the European Code of Social Security (Code), which contains similar provisions to the Convention. The Government therein indicates that the system of granting partial benefits in case of an employment injury for injured persons with remaining (not residual) working capacity is part of an activation policy pursued by the Government. Furthermore, an injured person with reduced working capacity is not only entitled to vocational rehabilitation, but also to a part-time job either on the open labour market or in subsidized employment in order to prevent social exclusion. The Committee further notes the indication by the Government that the partial benefit is increased, if the employment of an injured person is terminated based on a positive opinion of the institute’s committee responsible for establishing the grounds for employment contract termination, or independent of his or her own will or fault (paragraph 3 of article 86 of the Pension and Disability Insurance Act of 2012, ZPIZ-2), or it is reduced if the termination is due to his or her own will or fault (paragraph 5 of article 86 of the ZPIZ-2). The Government further indicates that if a person with reduced working capacity does not want to remain in the labour market he/she remains eligible for a partial benefit (even though this will be reduced by 30 per cent) and that, under certain conditions, he/she is also eligible for social assistance (in case of permanent incapacity even for an indefinite period). Moreover, the reduction of the partial pension by 30 per cent is only a temporary measure which applies only for as long as a person with reduced working capacity terminates and no longer performs employment by his/her own will or through his/her own fault. The Government also emphasizes that the nature of a partial benefit payable in accordance with article 86 of the ZPIZ-2 is that of a compensation and not of a pension. Therefore, in order to avoid confusion, it has been reclassified as a wage compensation, and not a pension. The Government further indicates that a person who is granted partial benefit still has working capacity, though it may be reduced or limited. The Committee observes that the right to a partial benefit (irrespective of whether it is called a “pension” or a “compensation payment” for the loss of wages in case of a person still belonging to the labour force) may depend on the performance of a part-time job by an injured person, or on his or her willingness to perform such a job in accordance with his or her remaining working capacities. The Committee points out that this requirement is not in compliance with the Convention which, in case of employment injury, requires that a compensation or benefit be paid for the loss of earning capacity incurred by the injured worker, be it total or partial, irrespective of whether the injured person wants to continue working or not. The Committee therefore considers that the reductions of the partial benefit made in accordance with article 86(5) of the ZPIZ-2 are not in conformity with Article 22 of the Convention, which does not provide for such a possibility. Recalling that the payment of employment injury benefit shall not be conditional upon an injured worker being in employment or performing work using the remaining of his or her working ability, the Committee requests the Government to review the relevant provisions of its legislation so as to ensure conformity with the Convention.