Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

Employment Injury Benefits Convention, 1964 [Schedule I amended in 1980] (No. 121) - Guinea (Ratification: 1967)

1. With reference to its earlier comments, the Committee takes note of the information provided by the Government, concerning in particular Article 25 of the Convention.

2. The Committee also notes with interest that, according to the information provided by the Government, the draft Social Security Code contains a number of provisions which enable effect to be given to the Convention. The Committee hopes that the new Social Security Code and the regulations issued under it will be adopted shortly and that they will ensure full effect to be given to the provisions of the Convention, particularly with regard to the following Articles which have been the subject of the Committee's comments for many years: Article 8 (List of occupational diseases); Article 15, paragraph 1 (Conversion of periodical payment into a lump sum); Article 22, paragraph 2 (Payment of part of the cash benefit to dependants in the event of suspension of the benefit).

3. Articles 19 and 20. The Committee takes note of certain statistical data provided by the Government. It observes, however, that the data are not sufficient to determine whether the amounts of the benefits paid in the event of temporary incapacity, permanent incapacity and death of the breadwinner (taking into consideration the family allowances paid before and, where appropriate, during the contingency) attain the level prescribed by the Convention. It therefore asks the Government to indicate whether recourse is had to Article 19 or to Article 20 of the Convention to establish that the percentages required by schedule II of this instrument are attained, and to provide the statistical information required by the report form adopted by the Governing Body, under Articles 19 or 20, according to the choice made.

4. Article 21. In its previous comments, the Committee asked the Government to supply information on the measures taken to ensure application of this provision of the Convention, which provides that the rates of cash benefits currently payable in respect of industrial accidents and occupational diseases shall be reviewed following substantial changes in the general level of earnings where these result from substantial changes in the cost of living. Given the importance it attaches to the adjustment of benefits, particularly in the present general economic situation, the Committee hopes that the Government will not fail to include the information requested in its next report, particularly the statistics required by the report form under this Article of the Convention.

5. Lastly, the Committee asks the Government to provide the texts of any law or regulations concerning compensation for industrial accidents and occupational diseases for public servants coming under the public service rules and who are not covered by the general social security system.