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

Armenia

Workmen's Compensation (Accidents) Convention, 1925 (No. 17) (Ratification: 2004)
Workmen's Compensation (Occupational Diseases) Convention, 1925 (No. 18) (Ratification: 2005)

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.]