Demande directe (CEACR) - adoptée 1995, publiée 83ème session CIT (1996)

1. Article 4 of the Convention. Further to its previous comments, the Committee observes that under section 3 of Act No. 16134 of 24 April 1990 the obligation to insure against industrial accidents and occupational diseases is limited to public servants who are engaged in manual work in dangerous conditions. The Committee requests the Government to indicate how application of the Convention is ensured for public servants who are the victims of an industrial accident but are not engaged on work in the conditions mentioned and to supply specific texts related to such protection, if any.

Furthermore, the Committee hopes that the Government will be in a position to send, with its next report, statistics on the total number of employees protected as a proportion of the total number of employees overall.

2. Article 9, paragraphs 1 and 2. Further to its previous comments on section 8, paragraphs 3 and 4, of Act No. 16074 of 10 October 1989, the Committee notes with interest the information supplied by the Government on the payment of temporary cash compensation for public servants in institutions which are in arrears in the payment of contributions or have not insured their employees. The Committee requests the Government to kindly send it detailed information on how in practice payment of benefits is ensured for these categories of civil servants in the event of permanent incapacity or death resulting from an employment injury. Please also send data on the number of cases in which these provisions of the law have been invoked.

3. Article 9, paragraph 3, in conjunction with Article 13. In reply to the Committee's previous comments on the introduction, under Act No. 16074 of 10 October 1989, of a waiting period of three days before payment of cash benefits, the Government indicates that the first three days of absence are not covered by the employer. The Committee recalls that under this provision of the Convention payment of benefits can only be subject to a waiting period where the legislation of a Member provides for a waiting period at the date on which the Convention comes into force or where a declaration provided for in Article 2 is in force. Since the Government did not resort to either of these exceptions, the Committee hopes that on the next revision of the legislation, the Government will abolish the waiting period to ensure that payment of cash benefits takes place from the first day of incapacity.

4. Article 10, paragraph 1(a). Further to its previous comments, the Committee notes with interest the text of the agreement concluded by the State Insurance Bank with the Medical Federation of the Interior which provides for home care as necessary. It observes, however, that section 11 of Act No. 16074 of 1989 only provides for transport of the injured person to his home and from there to the place of treatment. It therefore again hopes that the Government will take the necessary measures to adopt a law, regulation or an administrative instrument which provides expressly in a general manner for home care where it has been recognized as necessary in view of the state of the patient and the circumstances of the case.

5. Articles 13, 14 and 18 (in conjunction with Article 19). The Committee hopes that the Government will indicate in its next report whether there is a ceiling for the amount of the wage used as the basis for calculating benefits, in application of section 18 of Act No. 16074. Furthermore, the Committee trusts that the Government will be in a position to include in its next report the statistical information requested in the report form adopted by the Governing Body under Article 19 of the Convention so that it can examine whether the provisions referred to are applied fully.

Finally, the Committee again asks the Government to provide information on the application in practice of the second paragraph of section 8 of Act No. 16074 including statistical information on the amount of benefits of workers whose employers are not insured.