Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

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

With reference to its direct request of 2008, the Committee notes the information provided in the Government’s report with respect to Articles 17 and 26 of the Convention.

Article 8 of the Convention. List of occupational diseases. The Committee once again hopes that the Legislative Decree No. GT 6 of 1996 will soon be amended so as to complete the national list of occupational diseases with the new diseases contained in the list of occupational diseases of the Convention, as amended in 1980, which has been accepted by Aruba.

Article 10(1). Domiciliary visits. The Government indicates in its report that, in spite of not being expressly provided for by national legislation or in the contract between the compulsory sickness insurance (AZV) and general practitioners, doctors undertake domiciliary visits at their discretion depending on the state of the patient. Such visits are paid to patients in accordance with the general guidelines provided by the Association of Dutch General Practitioners (NHG). Please provide a copy of the general guidelines and confirm that, in case of employment injuries, domiciliary visits are free of charge for the patients.

Article 16. Constant help or attendance of another person. The Committee notes the Government’s indication that it will give due consideration to the possibility of introducing provisions for increments in periodical payments or supplementary or special benefits for injured persons requiring the constant help or attendance of another person. The Committee wishes to be informed of any measures taken or envisaged in this respect.

Article 21. Review of the rates of cash benefits. In reply to the Government’s request regarding how the term “substantial changes” should be understood, the Committee wishes to point out that the Convention leaves it to national legislation to define what “substantial changes” should trigger the review mechanism in relation to national circumstances so as to maintain the purchasing power of benefits over a long-term period. The Committee hopes that the Government’s next report will contain information concerning the measures taken or envisaged with a view to introducing the regular adjustment of the rates of employment injury cash benefits following substantial changes in the general level of earnings and in the cost of living.

Article 22(1)(e). Serious and wilful misconduct. Referring to its previous comments, the Committee once again invites the Government to issue, in line with this provision of the Convention, appropriate instructions to the authority applying sanctions in case of serious negligence of the beneficiary under section 7, subsection 1(a), of the 1966 Disability Insurance Act No. GT 26, to authorize suspension of benefits only where the occupational accident or illness has been caused by such serious negligence, which may be qualified as wilful.