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Repetition Application of the Convention in practice. The Committee notes the statistical information provided by the Government in response to its previous comments requesting information on the number of workers that were affected by the three types of occupational diseases (poisoning by lead, poisoning by mercury and anthrax infection) covered by the Convention. The Committee notes in particular the information provided on the total number of persons in receipt of compensation for work injury and occupational diseases, and on the total cost of the compensation paid, on a yearly basis, as well as on the number of persons suffering from permanent incapacity caused by an occupational disease and on the types of occupational diseases which have caused such incapacity. The Committee takes due note of this information and requests the Government to continue giving an appreciation of the manner in which the Convention is applied in Armenia by providing, for instance, extracts from the reports of the inspection services, information concerning the processes carried on at national level which give rise to occupational diseases, and notably those mentioned in the Schedule to the Convention, with an indication of the extent to which they are carried on, the number of workers employed in the industries and processes concerned, and the number of cases of such diseases which have been reported as well as the sums paid by way of compensation as benefits in cash and in kind, respectively. The Committee has been informed that, based on the recommendations of the Standards Review Mechanism Tripartite Working Group (SRM Tripartite Working Group), the Governing Body has decided that member States for which the Convention is in force should be encouraged to ratify the more recent Employment Injury Benefits Convention, 1964 [Schedule I amended in 1980] (No. 121), or the Social Security (Minimum Standards) Convention, 1952 (No. 102), and accept its Part VI (see GB.328/LILS/2/1). Conventions Nos 121 and 102 reflect the more modern approach to employment injury benefits. The Committee therefore encourages the Government to follow up the Governing Body’s decision at its 328th Session (October–November 2016) approving the recommendations of the SRM Tripartite Working Group and to consider ratifying Convention No. 121 or Convention No. 102 (Part VI) as the most up-to-date instruments in this subject area.
Repetition The Committee notes the observations of the Confederation of Trade Unions of Armenia (CTUA), communicated with the Government’s report. Article 11 of the Convention. Compensation of industrial accidents in the event of the insolvency of the employer or insurer. Since 2013, the Committee has been drawing the Government’s attention to the case of workers employed by companies liquidated after 2004 who, following the adoption of Governmental Decision No. 1094-N of 2004, had not been paid compensation in cases of industrial injuries. In its previous comments, the Committee urged the Government to provide compensation for the workers currently seeking it, and for similarly situated workers henceforth, and to provide information concerning measures taken or envisaged in this regard. The Committee notes the reply provided by the Government, indicating that the procedure for work-related injury compensation, in case of liquidation of companies, is set out in Governmental Decision No 914-N of July 23, 2009. In such cases, the capitalization of assets of the employer or company responsible for the payment of compensation to victims of work-related injuries is undertaken in accordance with the Civil Code. The current legislation does not make provision for cases where the capitalization of assets, pursuant to the above-mentioned procedure, would not be sufficient to provide the compensation that is due to victims, which, according to the Government, does not constitute a legal gap. In this connection, the Government indicates that, in its view, the State has the discretion to choose the policy deemed most appropriate with respect to existing socio-economic conditions. The Committee further notes the observations of the CTUA in this regard, which considers that the approach taken by the Government results in discrimination for persons injured in workplace accidents in different years. The CTUA also maintains that injured workers employed in organizations which have been liquidated since August 2004 have been deprived of the right of social protection in the event of accidents and occupational diseases at workplace, while it is the state’s duty to provide equality and social justice among its citizens and secure their right of social protection. While taking note of the Government’s position, the Committee recalls that by ratifying the Convention, it has undertaken to ensure that workers who suffer personal injury due to an industrial accident, or their dependants, shall be compensated, by virtue of Article 1 of the Convention. This obligation is related to that of Article 11 of the Convention, which requires the State to make such provision as, having regard to national circumstances, is deemed most suitable for ensuring in all circumstances, in the event of the insolvency of the employer or insurer, the payment of compensation to workers who suffer personal injury due to industrial accidents, or, to their dependants in case of death of the worker. In this regard, the Committee underlines that the consideration of national circumstances within the meaning of Article 11 of the Convention only refers to the choice of means that the Government may take for its implementation, and not to the objective of this provision, which consists in ensuring the comprehensive protection of employees in the event of insolvency of the employer or insurer.In view of the above, the Committee once again urges the Government to provide, without further delay, compensation to victims of work injury who have not received compensation due to the liquidations that have taken place between 2004 and 2009 and for similarly situated workers henceforth. The Committee further requests the Government to take the necessary measures to ensure the due and effective compensation of injured workers and their dependents in the event of the insolvency of the employer or insurer and requests the Government to provide information on any measures taken or envisaged in this regard.The Committee has been informed that, based on the recommendations of the Standards Review Mechanism Tripartite Working Group (SRM Tripartite Working Group), the Governing Body has decided that member States for which the Convention is in force should be encouraged to ratify the more recent Employment Injury Benefits Convention, 1964 [Schedule I amended in 1980] (No. 121), or the Social Security (Minimum Standards) Convention, 1952 (No. 102), and accept the obligations in its Part VI (see GB.328/LILS/2/1). Conventions Nos 121 and 102 reflect the more modern approach to employment injury benefits. The Committee once again encourages the Government to follow up the Governing Body’s decision at its 328th Session (October–November 2016) approving the recommendations of the SRM Tripartite Working Group and to consider ratifying Convention No. 121 or Convention No. 102 (accepting its Part VI) as the most up-to-date instruments in this subject area.
The Committee notes the first report sent by the Government mainly referring to the provisions of the 1998 Civil Code relating to civil liability. However, the Committee understands that there is a compulsory social insurance system in the country including a section on industrial accidents which establishes specific legislative provisions in this field. The Committee would therefore be grateful if the Government would supply details in its next report on the manner in which the social security legislation gives effect to each of the provisions of the Convention, providing, as far as possible, a translation of all the relevant provisions in this regard. The Committee will undertake a detailed examination of the application of the Convention in Armenia on the basis of any further information sent by the Government.
The Committee notes the Government’s first report and the attached legislation in Armenian. To facilitate the work of the Committee, it would be grateful if, in its next report, the Government would indicate the specific provisions of the national legislation that give effect to each of the articles of the Convention, if possible, with their translation into English. With respect to the recent adoption of Government Decision No. 458 of 23 March 2006 establishing the list of occupational diseases, the Committee would ask the Government to show that the national list covers all occupational diseases mentioned in the table appended to Article 2 of the Convention. The Committee will examine the application of the Convention in Armenia in detail once the necessary complements of information have been provided by the Government.