Equality of Treatment (Accident Compensation) Convention, 1925 (No. 19) - Estonia (RATIFICATION: 1930)

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The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

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Article 1(2) of the Convention. Payment of benefits abroad. The Committee notes the Government’s indication in its report that, from 1 July 2016, work ability allowances are provided by the Unemployment Insurance Fund in case of total or partial inability to work according to the Work Ability Allowance Act of 2014. The Committee further notes that, as per section 17(2) of this Act, work ability allowances are paid upon request of the injured worker into his or her bank account in a foreign state, at the expense of the recipient. The Committee requests the Government to provide practical information on the manner in which the transfer of work ability allowances abroad is regulated with respect to persons having suffered industrial accidents or their dependants who reside in other States parties to the Convention: (a) in the case of national workers; and (b) in the case of foreign workers. It further requests the Government to supply statistical data, if any, on the payment abroad of work ability allowances to the persons concerned.

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With reference to its previous comments related to the payment of employment injury pensions abroad, the Committee notes that, in its last report, the Government refers to the European Regulations 14078/71/EEC and 574/72/EEC (for the EU Member States and Switzerland, Norway, Iceland and Liechtenstein) as well as to the existence of two bilateral social security agreements, respectively with Ukraine and the Russian Federation. It also notes the statistical information concerning the pensions paid over the reporting period to victims of industrial accidents or to their dependants in case of residence in these countries. The Committee would be grateful if the Government would indicate in its next report the manner in which the transfer of employment injury pensions abroad is regulated in case of residence of the beneficiary in any other country party to the present Convention (currently 121 States).

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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:

Article 1, paragraph 2, of the Convention. (a) The Committee notes that, under the terms of section 36(3) of the State Pension Insurance Act, pensions can be paid abroad to the account of a pensioner at the expense of the recipient. It would be grateful if the Government would provide information on the application of this provision in practice. In particular, please provide statistics, where they exist, on the payment abroad of benefits due in respect of employment injury when the beneficiary transfers her or his residence to another country.

(b) The Committee would also be grateful if the Government would indicate whether, and under which provisions, in the event of the death of the worker as a result of an employment accident, the legislation permits the transfer abroad of benefits due to the dependants of the victim where the latter reside abroad, in the case of workers of both Estonian nationality and the nationality of a State which has ratified the Convention.

(c) The Committee notes the conclusion of bilateral social security agreements between Estonia and certain countries which have also ratified the Convention. It requests the Government to continue providing information on any new bilateral agreements concluded, which contain provisions on the payment abroad of benefits due in respect of employment injury.

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The Committee notes the information provided by the Government in its last report. It also notes the adoption on 5 December 2001 of the State Pension Insurance Act, which entered into force on 1 January 2002.

Article 1, paragraph 2, of the Convention. (a) The Committee notes that, under the terms of section 36(3) of the State Pension Insurance Act, pensions can be paid abroad to the account of a pensioner at the expense of the recipient. It would be grateful if the Government would provide information on the application of this provision in practice. In particular, please provide statistics, where they exist, on the payment abroad of benefits due in respect of employment injury when the beneficiary transfers her or his residence to another country.

(b) The Committee would also be grateful if the Government would indicate whether, and under which provisions, in the event of the death of the worker as a result of an employment accident, the legislation permits the transfer abroad of benefits due to the dependants of the victim where the latter reside abroad, in the case of workers of both Estonian nationality and the nationality of a State which has ratified the Convention.

(c) The Committee notes the conclusion of bilateral social security agreements between Estonia and certain countries which have also ratified the Convention. It requests the Government to continue providing information on any new bilateral agreements concluded, which contain provisions on the payment abroad of benefits due in respect of employment injury.

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The Committee notes the information and legislation sent by the Government. It requests the Government to supply additional information in its next report on the following points.

Article 1, paragraph 2, of the Convention. (a) The Committee requests the Government to indicate to what extent and under what provisions a worker, employed under a temporary or permanent contract, who suffers injury due to an industrial accident and who subsequently moves his residence to another country, may receive payment of the compensation in that country. Please state whether such provisions, if any, apply both to Estonian nationals and to foreign nationals of a State which has ratified the Convention.

(b) Please indicate whether, in the event of the death of a worker due to an industrial accident, the legislation allows the transfer of the benefits due to the worker's dependants in cases where the beneficiary lives abroad, regardless of whether the latter is Estonian or a national of a country which has ratified the Convention.

(c) Finally, the Committee asks the Government to supply information on any social security agreement or arrangement concerning compensation for industrial accidents concluded with other member States that have ratified the Convention.