Demande directe (CEACR) - adoptée 2002, publiée 91ème session CIT (2003)

With reference to its previous comments, the Committee notes the information provided by the Government in its report. It notes with interest the information on the application of Part II (Medical care), Article 10, paragraph 1(b)(ii), Part VI (Employment injury benefit), Articles 35 and 36; Part VIII (Maternity benefit), Article 49, paragraph 2(b); Part XIV (Miscellaneous provisions), Article 76, paragraph 1(b), in relation to Articles 9, 15, 27, 33, 48, 55 and 61. It once again requests the Government to provide additional information on the following points.

Part VI (Employment injury benefit). 1. Article 34. In its previous comments, the Committee requested the Government to indicate in what manner and under which provisions the medical care which must be provided to victims of employment injuries includes, in accordance with Article 34 of the Convention, dental care (point (b)), nursing care at home (point (c)), maintenance in hospitals, convalescent homes, sanatoria or other medical institutions (point (d)), dental supplies, eyeglasses and prosthetic appliances (point (e)) and care furnished by members of such other professions as may be recognized as allied to the medical profession (point (f)). In its report, the Government indicates that section 56 of the Social Security Act, and the corresponding section 7 of the Regulations on medical services, provide that in the event of an employment risk, insured persons shall be provided with: medical, surgical and pharmaceutical aid, care in hospitals, artificial limbs and prosthetic appliances, and rehabilitation. It adds that, despite the fact that the above provisions do not specify care at home, such care is provided where required. The Committee notes this information. However, it observes that, under the terms of section 29(b) and (d) of the Social Security Act, which refer to section 15(I) of the above Regulations, sickness and maternity insurance does not cover the provision of eyeglasses or dental care, with the exception of extractions, fillings and cleaning. The Committee therefore hopes that the Government will take the necessary measures to ensure the provision, in accordance with Article 34(c) and (e) of the Convention, of dental care and eyeglasses. It also hopes that in due time a clause will be included in the legislation explicitly requiring the provision of care at home.

2. Article 36, paragraph 3(b). With reference to the Committee’s previous comments, the Government reiterates that, in accordance with section 58 of the Social Security Act, periodical payments due in the event of employment injury, where a worker suffers partial permanent incapacity of between 25 and 50 per cent, may be converted into a lump sum. The conversion of periodical payments into a lump sum is optional where the capacity is greater than 25 per cent and less than 50 per cent. The Committee notes this information. However, it notes that where the insured person opts for a lump sum, she or he is not required to provide guarantees concerning the utilization of such a sum. In these conditions, the Committee hopes that the Government will take the necessary measures to permit the competent authorities, in accordance with this provision of the Convention, to satisfy themselves that the beneficiaries will use the lump sum properly.

Part XI (Standards to be complied with by periodical payments), Article 65 in relation with Articles 16, 36, 50, 56, 57, 62 and 63. 1. With reference to the Committee’s previous comments, the Government indicates that it will follow the requests of the Committee with regard to the statistics on periodical payments. In view of the fact that the Government has had recourse to paragraph 6(d) of Article 65 in determining the skilled manual male employee, the wage of a skilled manual male employee must be equal to 125 per cent of the average earnings of all the persons protected. It requests the Government to provide the statistical information requested in the report form under Article 65 of the Convention, with an indication of the manner in which the average earnings of all the persons protected have been calculated.

2. With reference to its previous comments, the Committee notes the statistical data on the readjustment of old-age, invalidity and survivors’ benefit, as well as the benefits provided in the event of employment injury under the former pay-as-you-go system. It requests the Government to provide the statistics requested in the report form under the Title VI for Article 65, paragraph 10, of the Convention.