Demande directe (CEACR) - adoptée 1990, publiée 77ème session CIT (1990)

1. Part VI (Employment Injury Benefit), Article 38 (in conjunction with Article 69(e) and (f)), of the Convention.

(a) The Committee notes that the Government has not provided a report for the second consecutive year. It takes, however, note of the information supplied by the Government in its sixteenth report on the application of the European Code of Social Security and notes, in particular, that a ministerial committee has proposed to amend subsection 1 of section 14 of the Industrial Injury Insurance Act of 1978 so as to bring it formally into line with the provisions of the Code and the Convention. Under section 14, subsection 1, of the Act of 1978, benefits for loss of earning capacity or for permanent disability may be reduced or withheld if the person concerned has caused the employment injury or substantially contributed to it by any act or omission involving a manifest risk of injury, whereas the Convention authorises the suspension of these benefits only where the contingency has been caused by a crime or an offence, or by the wilful misconduct of the person concerned. The Committee therefore hopes that it will be possible for section 14, subsection 1, of the Act of 1978 to be amended in the near future.

(b) Furthermore, the Committee hopes that the Government will be able to provide information in its future reports, on the implementation of the general reform of the legislation on employment injury insurance, previously referred to by the Government in information supplied to the Council of Europe.

2. Moreover, the Committee reserves the possibility of making a more detailed examination of the amendments to the legislation respecting the various branches of the social security scheme, referred to previously by the Government in information submitted to the Council of Europe, as soon as an English or French version of the relevant texts is available.

3. The Committee also asks the Government to provide, if possible in English or French, the new provisions mentioned by the Government in its sixteenth report on the application of the European Code of Social Security, referring to (a) the obligation for unemployed persons to be at the disposal of the employment services, (b) "deliberate" unemployment, and (c) the method used to calculate old-age pensions and anticipatory pensions.

4. Lastly, the Committee hopes that the Government will not fail to submit a report for examination at its next session and that the report will contain information on all the measures taken as well as statistics set out in the manner required by the report form on this Convention.