Demande directe (CEACR) - adoptée 2006, publiée 96ème session CIT (2007)

With reference to its previous direct request, the Committee notes the information provided in the Government’s report and particularly that concerning the application of Articles 17, 21 and 26 of the Convention. It would be glad if the next report of the Government would contain additional information on the following points.

Article 8(a) of the Convention. The Committee notes that section 24 of the Law on Pension and Disability Insurance does not contain a general definition of occupational diseases but, on the contrary, refers only to specific occupational diseases, which shall be determined by the minister responsible for the pension and disability insurance, together with working posts in which the incidence of specific diseases is identified, and the terms and conditions under which they are considered occupational diseases. The Committee understands therefore that the Republic of Serbia avails itself of the option offered by Article 8(a) of the Convention, according to which a Member shall prescribe a list of occupational diseases covering at least those enumerated in Schedule I of the Convention, as amended in 1980. It further notes in this respect that the list of occupational diseases given in the Government’s report, with reference to the Rulebook on determining occupational diseases, apparently does not include a number of such diseases listed in Schedule I. In this situation, the Committee would like the Government to make a detailed comparison of the national list of occupational diseases with Schedule I of the Convention, as regards to both the names of the diseases and the determination of the duties and working posts on which the disease appears, and to indicate in its next report measures taken or under consideration to ensure that all diseases listed in Schedule I be regarded as occupational diseases.

Article 10, paragraph 1. The Committee takes note of the broad definition of the types of medical care provided under section 18 of the Health Insurance Act. It would like the Government to specify in its next report the provisions of the Act or subsidiary regulations and rules of the Republic Health Insurance Fund or the Republic Fund for Pension and Disability Insurance of Employees, which ensure the provision of the following specific types of medical care guaranteed by the Convention in the case of a morbid condition caused by employment injury:

–           domiciliary visiting care by the general practitioner;

–           nursing care at home;

–           eyeglasses;

–           the care furnished by members of such other professions as may at any time be legally recognized as allied to the medical profession.

Article 11. Please indicate whether medical care and allied benefits in respect of a morbid condition are made available free of charge to persons who have sustained employment injuries and, if not, whether rules on the subject are designed so as to avoid hardship.

Article 14. The Committee notes that, under paragraph 1 of Article 14 of the Convention, section 37 of the Law on Pension and Disability Insurance sets the minimum degree of incapacity giving the right to cash compensation for body damage at 30 per cent and that, in line with paragraph 2 of Article 14, section 21 of the Law provides for a disability pension for a total loss of working ability. It further notes that the Government’s report explains the rules for calculating the level of the disability pension for total incapacity but contains no information on the calculation of cash compensation for body damage leading to incapacity ranging from 30 to 100 per cent. The Committee would like the Government to show in its next report that, in accordance with paragraph 3 of Article 14, cash compensation for body damage in case of partial incapacity represents a suitable proportion of the disability pension in case of total incapacity. It would also like the Government to state whether any compensatory payments are provided for body damage of less than 30 per cent with a view to extending protection to cases of partial incapacity which is not substantial, and to ensure that people suffering such incapacity avoid hardship, in accordance with paragraphs 4 and 5 of Article 14 of the Convention.

Article 19 or Article 20. Calculation of the level of cash benefits. With reference to its previous comments, the Committee notes that the report, while explaining the rules for the calculation of the level of the disability pension, does not contain the statistical data necessary to establish the replacement rate attained by the disability pension in relation to the reference wage of the skilled manual male employee or of the ordinary adult male labourer determined respectively under Article 19 or 20 of the Convention. The Committee wishes to point out in this respect that, to the extent that the replacement level of the disability pension is calculated on the basis of the previous earnings of the beneficiary, the Government may have recourse to Article 19 of the Convention, which requires the disability pension paid to the standard beneficiary (man with wife and two children) to attain at least 60 per cent of the wage of the skilled manual male employee selected by the Government according to the methodology explained in paragraphs 6 and 7 of Article 19. In this case the Government should show, on the basis of detailed statistics, that the maximum amount of the disability pension prescribed by section 78 of the Law on Pension and Disability Insurance and the maximum limit for the earnings taken into account for the calculation of the pension (see sections 63 and 182 of the Law) comply with the requirements of paragraph 3 of Article 19. On the other hand, taking into account that section 76 of the Law guarantees the right to the minimum pension, the Government may also choose to apply Article 20 of the Convention, which requires such minimum pension to attain at least 60 per cent of the wage of an ordinary adult male labourer selected according to the methodology explained in paragraphs 4 and 5 of this Article. The Committee, therefore, once again asks the Government to specify in its next report to which of these provisions of the Convention – Article 19 or 20 – it would like to have recourse for the calculation of the replacement level of the disability pension. In making such calculation, it is also requested to take into account any family allowance received by the standard beneficiary in addition to his wage and benefit.

Article 26, paragraph 1(c). The Committee notes the information concerning preventive measures and rehabilitation services provided to disabled persons. It would like the Government to indicate legislative provisions and practical measures taken to further the placement of disabled persons in the most suitable alternative employment or gainful activity and to provide a copy of the Law on Professional Rehabilitation and Employment of Persons with Disability.