Workmen's Compensation (Occupational Diseases) Convention, 1925 (No. 18) - Armenia (Ratification: 2005)

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

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.

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes the observations of the Confederation of Trade Unions of Armenia (CTUA) and of the Republican Union of Employers of Armenia (RUEA) communicated with the Government’s report. In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on Workmen’s Compensation, the Committee considers it appropriate to examine Convention No. 17 (Accidents) and Convention No. 18 (Occupational diseases) in a single comment.

Workmen’s Compensation (Accidents) Convention, 1925 (No. 17)

Article 11 of the Convention. Compensation of industrial accidents in the event of the insolvency of the employer or insurer. In its previous comments, the Committee made reference to the observations submitted by the CTUA in June 2013, describing the issue of about 800 workers employed by companies liquidated after 2004 who, following the adoption of Governmental Decision No. 1094-N of 2004, had been paid no compensation in case of employment accidents or occupational diseases which had occurred between 2004 and 2009. The Committee notes that, in its report, the Government states that this issue is under its attention, and it is envisioned to elaborate mechanisms that guarantee adequate compensation for persons who have a right to, and who have not, received compensation for the injuries caused by industrial accidents and occupational diseases. Recalling that, under the Convention, compensation to workers in the event of the insolvency of the employer or insurer must be paid in all circumstances, the Committee requests the Government to take the necessary measures without further delay to ensure that the workers concerned are duly compensated and to provide information in this regard.

Workmen’s Compensation (Occupational Diseases) Convention, 1925 (No. 18)

Application of the Convention in practice. The Committee notes the information provided by the Government, which answers the points raised in its previous direct request. The Committee requests the Government to provide up-to-date statistical 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 has been informed that, based on the recommendations of the Standards Review Mechanism Tripartite Working Group (SRM TWG), the Governing Body has decided that member States for which the Conventions are 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) (Part VI) (see GB.328/LILS/2/1). Conventions Nos 121 and 102 reflect the more modern approach to employment injury benefits and occupational diseases. In this regard, the Committee notes that in previous reports the Government had expressed the intention of introducing a mandatory social insurance scheme for occupational accidents and diseases. 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 TWG and to consider ratifying Conventions Nos 121 and/or 102 (Part VI) as the most up-to-date instruments in this subject area.

[The Government is asked to reply in full to the present comments in 2020.]

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Recognition of the occupational origin of the diseases listed by the Convention. The Committee notes the information provided in the Government’s report as regards the procedure for registering and investigating cases of occupational diseases. It observes, however, that the report does not respond to its previous comments requesting the Government to specify the manner in which the national legislation regulates the burden of proving the occupational origin of the diseases listed in the national schedule of occupational diseases established by the governmental decision No. 458 of 23 March 2006. In particular, the Committee asks the Government to indicate whether the victims of poisoning by lead, mercury or anthrax infection occupied in the industries and processes listed by the Schedule annexed to the Convention benefit from the presumption that their disease is of occupational origin, indicating the legal provisions relevant in this respect.

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

Compensation in case of occupational accidents and occupational diseases. The Committee takes note of the ongoing elaboration by the Ministry of Labour and Social Affairs together with the Central Bank of a draft concept paper for introducing a system of mandatory social insurance against occupational accidents and diseases, which has been discussed with the social partners. In this respect, the Republican Union of Employers of Armenia (RUEA) states that, in the absence of the mandatory insurance scheme, in case of an occupational injury or disease at the workplace, the material liability is fully borne by the employer in accordance with section 234(1) of the Labour Code. The Government’s report under Convention No. 17 further indicates that, in case of temporary disability caused by an occupational accident or disease, a benefit is granted in accordance with the law on temporary disability benefits. Finally, the Committee understands that there are other cases, such as permanent incapacity or death, where the victims of occupational accidents and diseases or their families would receive some benefits from the social security system. In order to better comply with Conventions Nos 17 and 18, the Committee hopes that the Government would be able to introduce the mandatory insurance against occupational injuries and diseases as soon as possible. In the meantime, it once again asks the Government to supply in its next report comprehensive information on the manner in which the existing branches of the social security system give effect to each of the provisions of Conventions Nos 17 and 18. With respect to the existing list of occupational diseases, please explain how it is used in practice to dispense the victims of the need to prove that their disease is occupational in origin.

[The Government is asked to reply in detail to the present comments in 2013.]

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

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.