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

Article 5 of the Convention (in conjunction with Article 10) (branch (g) employment injury benefit). The Committee notes with interest the adoption of Act No. 16/074, of 10 October 1989, respecting industrial accidents and occupational diseases, which repeals Acts Nos. 10004 of 1941 and 12949 of 1961 that provided, in particular, that beneficiaries must be resident in the country in order to receive employment injury benefit. The Committee asks the Government to provide a copy of above-mentioned Act No. 16/074 so that it may examine it in the light of its previous comments on this provision of the Convention.

Article 6. With reference to its previous comments, the Committee notes that the Government confines itself to stating that the provisions of Legislative Decree No. 15084 of 28 November 1980 which make the grant of family benefit conditional upon the residence of beneficiaries on the national territory, are still in force. Consequently, the Committee can only stress that making the grant of family benefit conditional upon the residence of beneficiaries on the national territory is not compatible with the above provision of the Convention which prescribes that each Member which has accepted the obligations of the Convention in respect of family benefit shall guarantee the grant of family allowances to its own nationals and to the nationals of any other Member which has accepted the obligations of the Convention for this branch, and to refugees and stateless persons, in respect of children who reside on the territory of any such Member, under conditions and within limits to be agreed upon by the Members concerned. (To date: Barbados, Central African Republic, Cape Verde, France, Guinea, Ireland, Israel, Italy, Libyan Arab Jamahiriya, Mauritania, Netherlands, Norway, Tunisia and Viet Nam.) The Committee therefore once again expresses the hope that, in the near future, the necessary measures will be adopted to give effect to this provision of the Convention and asks the Government to provide information in its next report on the progress made in this connection. [The Government is asked to report in detail for the period ending 30 June 1990.]