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

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes with concern that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

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 hopes 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.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

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.

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

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.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee took note of the Government’s reports of 2003 and 2006 and asks it to supply additional information on the following points.

Article 8 of the Convention. The Committee notes that the Legislative Decree No. GT 6 of 1996 has not been amended to take account of the new diseases contained in the list of occupational diseases of the Convention, as amended in 1980, which has been accepted by Aruba. The Committee trusts that the Government would not fail to complete the national list of occupational diseases accordingly in the near future.

Article 10(1). The Committee notes that there are no laws in force which provide for medical care in the form of domiciliary visiting, but that such visits will be explicitly defined in the new contract between the Government and the general practitioners under the AZV. Please supply the text of the contract and indicate the relevant provisions.

Article 16. The Committee notes that in Aruba there are no provisions for increments in periodical payments or other supplementary or special benefits for injured persons requiring the constant help or attendance of another person. The Committee invites the Government to consider the possibility of introducing such provisions, subject to appropriate actuarial studies.

Article 17. The Committee notes that the policy of the Social Insurance Bank is that the insured person undergoes an assessment after one year to determine the degree of loss of earning capacity. Please indicate whether subsequent assessments may be requested and carried out in case there is a substantial change in the degree of loss of earning capacity of the person concerned.

Article 21. The Committee notes that there has been no indexing of cash benefits in relation to the cost of living. The Committee hopes that the Government will be able to conduct appropriate actuarial studies to determine the measures necessary to introduce the regular adjustment of the rates of employment injury cash benefits following substantial changes in the general level of earning and in the cost of living.

Article 22(1)(e). The Committee would be grateful if the Government would 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 authorise suspension of benefits only where the occupational accident or illness has been caused by such serious negligence, which may be qualified as wilful.

Article 26. The Committee notes that the Social Insurance Bank works closely with the worker and his employer to advance the reintegration, but that there are no laws providing for structural cooperation of the different Government departments and services concerned with the process of rehabilitation and reintegration of the disabled persons into suitable employment. All reintegration attempts thus far have been performed voluntarily and on individual departmental initiatives. The Committee invites the Government to consider the possibility of taking measures to institutionalise such cooperation with a view to providing better rehabilitation and placement services for the victims of employment injuries.

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

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.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes with regret that for the third 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 reads 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.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes with regret that 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 reads 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.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes that 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, paragraph 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, paragraph 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, paragraph 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, paragraph 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 paragraphs 2 and 3 of Article 14 and paragraph 1 of Article 18 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, paragraph 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, paragraph 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.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes that the Government's report received in May 1994 does not contain new information on the matters raised in its previous comments. It must therefore repeat its previous direct request which read as follows:

Articles 3 and 4, paragraph 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, paragraph 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, paragraph 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, paragraph 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 paragraphs 2 and 3 of Article 14 and paragraph 1 of Article 18 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, paragraph 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, paragraph 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.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes that 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 requests which read as follows:

Articles 3 and 4, paragraph 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, paragraph 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, paragraph 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, paragraph 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 reporty 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 paragraphs 2 and 3 of Article 14 and paragraph 1 of Article 18 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, paragraph 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, paragraph 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.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

1. The Committee notes the Government's report on the application of the Convention. It wishes to draw the Government's attention to the following points:

Articles 3 and 4, paragraph 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, 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, paragraph 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, paragraph 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, paragraph 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.

Article 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 paragraphs 2 and 3 of Article 14 and paragraph 1 of Article 18 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, paragraph 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, paragraph 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.