Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

Employment Injury Benefits Convention, 1964 [Schedule I amended in 1980] (No. 121) - Aruba

The Committee notes with regret that for the fourth consecutive time the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Articles 3 and 4(1) of the Convention. The Committee notes from the Government's report that public servants are covered by a special employment injury compensation scheme. It asks the Government to provide the text of the law applying to the aforementioned public servants.

Furthermore, the Committee asks the Government to provide the information requested in the report form approved by the Governing Body under Article 4 of the Convention, including statistics on the number of employees protected, the total number of employees and the number of employees excluded. In this connection, the Committee requests the Government to indicate the number of seafarers excluded from the scope of the 1966 Disability Insurance Act No. 14, by virtue of section 1 of the Act.

Article 7. The Committee notes the definition of "industrial accident" in section 1 of the 1966 Disability Insurance Act. It notes that the definition does not indicate the conditions under which a commuting accident is considered to be an industrial accident but that, according to the Government, in practice "the shortest way and shortest time" are the conditions under which a commuting accident is considered to be an industrial accident. The Committee asks the Government to provide with its next report all the provisions of regulations or administrative texts establishing this practice and the texts of any relevant court decisions.

Article 8. The Committee recalls that Aruba has accepted the list of occupational diseases as amended in 1980. In this connection, the Committee notes that although the list of occupational diseases in section 1 of Legislative Decree No. 192 of 1966 is, to a large extent, consistent with the list of occupational diseases in Schedule I of the Convention in its 1964 version, it does not take account of the new diseases contained in the 1980 amended list.

In these circumstances, the Committee would be grateful if the Government would indicate the measures taken or under consideration to complete the national list of occupational diseases so that it also covers all the other diseases provided for in the 1980 amended list of occupational diseases.

Article 10(1). The Committee asks the Government to state whether the medical care provided under section 4 of the Disability Insurance Act, No. 14 of 1966, include domiciliary visiting and dental care, as required by this provision of the Convention. It also asks the Government to indicate whether the list of prosthetic appliances referred to in section 4, subsection 2(d), of the above Act has been adopted and, if so, to provide the text of it.

Article 15(1). Under section 5, subsection 7, of Act No. 14 of 1966, cash benefits in the event of permanent, partial or total incapacity may, at the request of the worker, be converted into a lump sum equal to the daily benefit multiplied by 1,872 if the daily wage is paid on the basis of a six-day week and by 1,560 if the daily wage is paid on the basis of a five-day week. In the event of 30 per cent or more incapacity, these benefits may only be converted in exceptional cases on the request of the worker.

The Committee recalls that under Article 15(1) of the Convention the conversion of periodical payments into a lump sum may only be authorized when the competent authority has reason to believe that such lump sum will be utilized in a manner which is particularly advantageous for the injured person. In addition, under the same provision, the lump sum thus provided must correspond to the actuarial equivalent of the periodical payment in question. The Committee hopes that the Government's next report will contain information on the measures taken or envisaged to ensure that full effect is given to the Convention on this point.

Article 16. The Committee asks the Government to indicate under which provision effect is given to this Article of the Convention which provides for increments in periodical payments or other supplementary or special benefits for injured persons requiring the constant help or attendance of another person.

Article 17. Please indicate how effect is given to this provision of the Convention which provides for periodical payments to be reassessed by reference to a change in the degree of loss of earning capacity or corresponding loss of faculty.

Articles 13, 14 and 18 (in conjunction with Article 19). To the extent that the amount of the wage taken into account in calculating benefits is subject to a ceiling under section 5, subsection 10, of Act No. 14 of 1966, the Committee would be grateful if with its next report the Government would provide the statistical information requested under Article 19 of the Convention in the report form adopted by the Governing Body.

Article 21. The Committee notes that, according to the report, there has been no indexing of cash benefits since 1977. It hopes that the Government will be able to indicate in its next report the measures taken to give effect to this provision of the Convention under which the rates of cash benefits currently payable pursuant to Article 14(2) and (3) and Article 18(1) shall be reviewed following substantial changes in the general level of earning where these result from substantial changes in the cost of living.

Article 22(1)(e). The Committee would be grateful if the Government would provide actual instances which illustrate the notion of serious negligence provided for in section 7, subsection 1(a), of Act No. 14 of 1966, in view of the fact that under Article 22(1)(e), of the Convention benefits may only be suspended where the occupational accident or illness has been caused, in particular, by the serious and wilful misconduct of the person concerned.

Paragraph 2. The Committee would be grateful if the Government would indicate whether, in the event of the suspension of the benefits provided for in section 7 of Act No. 14 of 1966, part of the benefit otherwise due is paid to the dependants of the person concerned.

Article 26. Please indicate how effect is given to this provision of the Convention.