Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

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

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2020, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Article 4 of the Convention. Protection of civil servants and their families. The Committee notes with interest the recent adoption of two decrees implementing Act No. 028/AN/2001 issuing the General Civil Service Regulations, the object of which is to establish a national social welfare fund for public employees and a national institute for compulsory health insurance. The Committee requests the Government to send a copy of the aforementioned decrees with its next report so that the Committee can evaluate them in the light of the requirements of the Convention.

Article 8. Occupational diseases. The Government indicates that the list of occupational diseases adopted in 1992 is currently being revised by a tripartite commission. It also indicates that, in practice, the list contained in the Annex to the List of Occupational Diseases Recommendation, 2002 (No. 194), revised in 2010, is applicable. While taking due note of this information and welcoming the fact that, in practice, Recommendation No. 194 constitutes the reference framework used, the Committee hopes that the Government will soon be in a position to finalize the process of revising the 1992 list of occupational diseases and that it will send a copy of the new list in force in the country.

Article 15(1). Lump-sum benefits. The Committee notes that the Social Security Code lays down the principle, in accordance with the requirements of the Convention, of employment injury benefits being paid in the form of periodical payments. Under section 77 of the Social Security Code, incapacity benefit is paid as a lump sum only where the degree of incapacity is less than 15 per cent, which is in line with the requirements of the Convention.

Articles 19 and 20. Amount of benefits. The Government refers in its report to all employment injury benefit payments made on a quarterly basis. However, the Committee once again requests the Government to supply with its next report the statistical information requested in the report form which the Committee needs to determine whether the amount of benefits paid in the event of temporary incapacity, permanent incapacity or death of the breadwinner, attains the minimum level prescribed by the Convention, indicating whether Articles 19 or 20 of the Convention were referred to in this regard. It reminds the Government of the possibility of availing itself of ILO technical assistance in this respect.

Article 21. Review of employment injury benefit rates. The Committee notes the information supplied by the Government relating to the review of employment injury benefit rates, particularly the provisions of section 92 of the Social Security Code and decisions of the National Social Security Fund relating to the periodic review of benefit rates and pensions with reference to the average level of earnings in the country, in accordance with the requirements of the Convention. The Committee requests the Government to send a copy of the ministerial order provided for by section 92 of the Social Security Code for establishing the procedures for reviewing benefit rates.

Article 22(2). Payment of employment injury benefits to dependants. The Committee notes that, under section 91 of the Social Security Code, the cases and the limits in which, in the event of suspension of employment injury benefits, part of these benefits is paid to the dependants of the person concerned must be established by decree. The Committee requests the Government to indicate whether the aforementioned decree has been adopted and, if so, to send a copy of it with the next report.