Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Workmen's Compensation (Accidents) Convention, 1925 (No. 17) - Armenia (Ratification: 2004)

Article 11 of the Convention. Functioning of the mechanism for compensation of industrial accidents in the event of the insolvency of the employer or insurer. In a communication dated 14 June 2013, the Confederation of Trade Unions of Armenia (CTUA) indicates that, since the adoption of a 2004 Governmental Decision (No. 1094-N), payments out of the state budget to victims of occupational diseases were suspended without another source of financing being envisaged. Furthermore, the capitalization and other mechanisms foreseen by section 1086(2) of the Civil Code have not yet been defined and the body responsible for paying compensation in case of non capitalization and lack of legal successor of the employer has also not been designated. It is estimated that around 800 workers employed by companies liquidated after 2004 have yet to be reimbursed. In its report, the Government indicates in this respect that, as of 1 January 2013, the total number of persons receiving compensation from the state budget for damages, occupational diseases and other health problems caused by the performance of occupational duties was 586. In case of bankruptcy of the legal persons recognized as responsible for the damage caused to health or life, Governmental Decision No. 914 of July 2009 established the rules for the capitalization of payments to victims based on the principle of lump-sum payments with a possibility to convert the latter into periodical payments upon a request made by the beneficiary. The Committee notes that the Government does not respond to these serious allegations made by the CTUA regarding the lack of compensation for victims of occupational accidents which occurred between 2004 and 2009, following the adoption of Governmental Decision No. 1094-N of 2004, and invites the Government to communicate its response in this respect.

The Committee is raising other points in a request addressed directly to the Government.

[The Government is asked to reply in detail to the present comments in 2014.]