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

Part VI (Employment injury benefit). The Committee notes the Government’s statement that there have been no developments in regard to the two issues raised by the Committee in its previous comments, but that these issues will be examined within the framework of the next review of the Federal Accident Insurance Act (LAA). The Committee therefore hopes that the Government will take this opportunity to:

(a)   ensure the full application of Article 32(d) of the Convention (in relation to Article 69(j)) by amending the provisions of section 29 of the LAA which makes the surviving spouse’s entitlement to benefit subject to certain conditions, in cases where the marriage is contracted after the accident which caused the decease of the insured person (subsection 2); and allows benefits to be refused or reduced when the surviving spouse has been in serious breach of his/her duties towards the children (subsection 5);

(b)   set out explicitly in national legislation the practice of the coverage by the insurer of the total cost of home nursing care provided to victims of occupational injuries at the recommendation of the physician, in accordance with Article 34, paragraphs 1 and 2, of the Convention.

Part XII (Equality of treatment of non-national residents) in relation to Part VII (Family benefit). In response to the Committee’s previous comments concerning the restrictions contained in certain cantonal family allowance schemes in respect of foreign children residing outside Switzerland, the Government indicates that, on 24 March 2006, Parliament adopted the Federal Family Benefits Act which harmonizes at national level the conditions for granting family allowances, including conditions relating to the children giving entitlement to such allowances. The Act expressly provides that, with regard to children residing abroad, whatever their nationality, the conditions for granting allowances are determined by the Federal Council. Cantonal family allowance schemes may envisage higher minimum rates than those provided for by the Federal Act, as well as a birth allowance and an adoption allowance which will also be governed by this Act. All other benefits are governed and financed outside the family allowance scheme. Given that the Federal Act does not make any distinction, in terms of nationality or the country in which their children reside, between employees entitled to family allowances, the Committee hopes that it will contribute to the harmonization of cantonal family allowance schemes on the basis of the principle of equality of treatment for non-national residents, and to the progressive elimination of the special requirements contained in the regulations of certain cantons in respect of the entitlement to allowances of foreign employees domiciled in Switzerland whose children reside abroad. In this regard, the Committee notes that, according to the Summary of cantonal family allowance schemes. Situation at 1 April 2000, submitted by the Government with its report, Swiss and foreign employees are treated equally in 18 out of 26 cantons in respect of their children residing abroad. The Government adds that 11 cantons provide the same amount of allowances per child to Switzerland and abroad, whereas 15 pay a lower amount in respect of children residing abroad; out of these 15 cantons, four make a distinction between Swiss children and foreign children, although there is no such discrimination in respect of countries that have a reciprocal agreement with Switzerland. With regard most notably to the application of Article 68, paragraph 2, which envisages, for contributory social security schemes that protect employees, including cantonal family allowance schemes, a reciprocal branch-by-branch scheme that may be subject to the existence of a bilateral agreement, the Committee notes that Switzerland is linked by reciprocal agreement to 15 countries out of the 22 countries that have accepted Part VII of the Convention, the seven remaining countries having practically no migratory movements with Switzerland.