Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

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

Article 1 of the Convention. Establishment of the employment injury compensation scheme. The Government states in its report that the draft concept of the system of mandatory social insurance against occupational accidents and diseases is still at the stage of elaboration and discussion, and attaches a communication of the Republican Union of Employers of Armenia (RUEA). Considering that the current provision contained in section 234 of the Labour Code (employers’ material liability) is not sufficient to ensure effective compensation in case of occupational accidents, the RUEA calls on the National Tripartite Committee of Social Partnership to finalize a draft concept paper and establish reasonable deadlines for the development and adoption of the employment injury concept law. Recalling the availability of the technical assistance of the Office, the Committee hopes that the Government will be able to indicate progress in the development of the modern employment injury scheme based on the principles established by ILO standards in its next regular report due in 2017.

Article 11. Compensation of industrial accidents in the event of the insolvency of the employer or insurer. In reply to the previous observation concerning lack of compensation for about 800 victims of occupational accidents which occurred between 2004 and 2009, following the adoption of Governmental Decision No. 1094-N of 2004, the Government limits itself to making reference to the legislative provisions applicable in case of liquidation or bankruptcy of legal entities responsible for the damage caused to life or health, while nevertheless attaching the letter dated 25 July 2014 of the Confederation of Trade Unions of Armenia (CTUA) stating that no measures have yet been taken by the Government. The Committee once again requests the Government to indicate how effect is given to this provision of the Convention in the abovementioned cases.