Observación (CEACR) - Adopción: 1992, Publicación: 79ª reunión CIT (1992)

1. For many years, the Committee has been pointing out to the Government the need, until the social security scheme is extended to the whole of the national territory, to amend sections 204, 223(c), 224 and 225 of the Labour Code respecting the compensation of industrial accidents in order to give full effect to the Convention. In this connection, the Committee is bound to note that the reform of the Labour Code, to which the Government referred previously, and which was adopted through Act No. 50 of 1990, has not affected the above sections.

In its report the Government refers to certain provisions of the new Constitution, and in particular to section 48 respecting the right to social security. It also refers to section 53 of the Constitution, under which "international labour Conventions duly ratified are part of domestic legislation", stating its intention to adopt special regulations to give effect to this Convention.

While noting this information, the Committee is bound to urge the Government once again to take the necessary measures to amend the legislation respecting the compensation of industrial accidents in order to bring it into full conformity with the Convention on the following points:

Article 2 of the Convention. The exceptions and limitations concerning the persons and establishments covered under sections 223(c), 224 and 225 of the Labour Code are not authorised by the Convention.

Article 5. Section 204 of the Labour Code and sections 22 and 35 of Decree No. 3135 of 1968, which apply to public servants and public employees, provide for the payment of compensation in a lump sum corresponding to a certain number of months' wages in the event of permanent incapacity (partial or total incapacity or complete disability) and also in the event of death, whereas under this provision of the Convention compensation must, as a rule, be paid in the form of periodical payments and may not be converted into a lump sum unless guarantees of its proper utilisation are provided to the competent authorities.

Article 7. The national legislation does not envisage the provision of additional compensation to victims of industrial accidents whose incapacity is of such a nature as to need the constant help of another person throughout the contingency.

Article 9. Section 204(1) of the Labour Code limits the provision of medical, pharmaceutical, surgical and hospital care to victims of industrial accidents to two years, whereas, according to this provision of the Convention, such assistance shall be provided free of charge throughout the contingency.

Article 10. Section 204(1) of the Labour Code and section 21(b) of Decree No. 1848 of 1969 issuing regulations under Decree No. 3135 of 1968, do not explicitly provide for the compulsory renewal of artificial limbs and surgical appliances to the victims of industrial accidents, which is contrary to this provision of the Convention.

2. With regard to the extension of the social security scheme to the whole of the population and the national territory, the Committee notes the analysis of the situation contained in the National Occupational Health Plan 1990-95, which was supplied by the Government with its report on Convention No. 12. According to this paper, the number of people protected by social security institutions currently represents only 31.2 per cent of the active population, while the percentage of persons who are not protected in certain occupations may be as high as 96 per cent (for example, mining activities; small industrial enterprises; and the construction, transport, commercial and services sectors (with the exception of electricity, gas and water)). With a view to improving the situation and developing the social security system, particularly as regards protection against industrial accidents, the plan envisages a whole series of measures, including the compilation of detailed statistics on industrial accidents. The Committee therefore hopes that these measures will make it possible for the Government to supply with its next report statistical information indicating the number of workers protected by the employment injury benefits branch, whether they are wage-earners, employees or apprentices, and their percentage in relation to all employees (with the exception of the agricultural sector and seafarers) covered by the Convention, in both the public and private sectors. It also requests the Government to continue to supply detailed information on the progress that has been achieved with a view to progressively extending the social security scheme throughout the national territory.