Demande directe (CEACR) - adoptée 2011, publiée 101ème session CIT (2012)

Convention (n° 102) concernant la sécurité sociale (norme minimum), 1952 - Suisse (Ratification: 1977)

With reference to its previous comments the Committee notes the information supplied by the Government in its report, particularly that concerning Part VII (Family benefit).

Part VI (Employment injury benefit). In its previous comments the Committee drew the Government’s attention to the need, in the forthcoming revision of the Federal Accident Insurance Act (LAA):

• (a) to ensure that full effect is given to Article 32(d) of the Convention (in conjunction with Article 69(j)) by amending the provisions of section 29 of the LAA under which the surviving spouse’s entitlement to benefit is subject to certain conditions where the marriage was contracted after the accident causing the decease of the insured person (subsection 2) and allows benefits to be refused or reduced when the surviving spouse has been in serious breach of his/her duties towards the children (subsection 5);
• (b) to give express effect in the national legislation to the practice whereby the insurer covers the total cost of home nursing care provided to victims of occupational injuries on the recommendation of the physician, in accordance with Article 34(1) and (2) of the Convention.

The Government indicates in reply that the points raised by the Committee were in fact addressed in the draft of the first revision of the LAA of 30 May 2008 and gave rise to no objection in parliamentary debates. However, in March 2011, the Parliament decided to remand the draft to the Federal Council for it to prepare a new draft revision. The Committee hopes that the Government will take the necessary steps to ensure that these amendments are reproduced in the revised legislation.