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Workmen's Compensation (Accidents) Convention, 1925 (No. 17) - Guinea-Bissau (RATIFICATION: 1977)

Other comments on C017

Observation

Direct Request

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Articles 1 and 2 of the Convention. Scope of coverage. (i) Workers in the informal economy. In its previous comments, the Committee hoped that the Government would progress in the implementation of the non-contributory social security scheme in accordance with Act No. 4/2007 through the adoption of new regulations, to enable workers in the informal economy to benefit from compensation in cases of occupational accident or disease. The Committee notes that in its last report on the Workmen’s Compensation (Agriculture) Convention, 1921 (No. 12), the Workmen’s Compensation (Occupational Diseases) Convention, 1925 (No. 18) and the Equality of Treatment (Accident Compensation) Convention, 1925 (No. 19), the Government provides information on the implementation of the voluntary scheme through the entry into force of the Regulations on voluntary contributions to the social security system, pursuant to Decree No. 6 of 2012, which gives the possibility to workers in the informal economy to affiliate themselves with the social security system. The Committee further notes that, according to the Government, the implementation of these provisions has resulted in the extension of the protection provided in case of employment injury to an additional number of workers including, notably, women working in the informal economy.

The Committee requests the Government to provide information on the modalities governing the voluntary affiliation of workers and the financing of benefits pursuant to Decree No. 6 of 2012 and on the measures taken to ensure its effective implementation, together with a copy of the Decree. The Committee further requests the Government to provide statistical information on the number of workers who have registered with the social security system on a voluntary basis. With regard to the protection of workers in the informal economy who are not affiliated against work-related accidents, the Committee hopes that the Government will take the necessary measures to implement the non-contributory social security scheme in accordance with Act No. 4/2007 and requests the Government to keep it informed of progress made in this regard.

(ii) Coverage of domestic workers. With reference to its previous comments on the need to ensure the protection of domestic workers against occupational accidents, the Committee notes with interest that, pursuant to article 21 of Book I and to Section IV of Book II of the new Labour Code, adopted in July 2021, domestic workers are now included in the scope of coverage of the Labour Code. The Committee further notes that the new Labour Code establishes the duty of employers to affiliate their employees with social security (article 49 (2) (e)), to transfer the responsibility for the compensation of employment injuries suffered by their domestic workers to an authorized insurer (article 298 (3)) and to compensate employees for damages suffered as a result of an accident at work or occupational disease, when this responsibility has not been transferred to an insurer (article 49(2)(f)).

The Committee requests the Government to confirm that domestic workers who suffer personal injury due to a work accident, or their dependents, in case of death, will be guaranteed compensation and afforded medical care, by application of the new Labour Code. The Committee also requests the Government to provide information on the means taken for the implementation of article 49 (2) (e) of the new Labour Code with a view to ensuring the effective coverage of domestic workers for work-related injuries.

Article 5. Compensation in the form of a lump sum. In its previous comments, the Committee noted that, in practice, compensation for work-related accidents could be paid wholly as a lump sum, and requested the Government to provide information on the measures taken to ensure that, when compensation for an occupational accident is granted in the form of a lump sum, an authority guarantees the proper utilization of the funds in accordance with Article 5 of the Convention.

The Committee notes the information provided by the Government in its report on the procedure and process for the granting and payment of the lump sum, for which the National Social Security Institute (INSS) is competent. The Committee however notes that, according to the Government, the INSS requires no guarantee of the proper utilization of the lump sum payment.

The Committee requests the Government to take the necessary measures to either ensure that (i) the compensation payable to the injured workers, or to their dependents, where permanent incapacity or death results from the injury, is paid in the form of periodical payments, or, when it is paid as a lump sum, (ii) that it is accompanied by sufficient guarantees for the competent authority to be satisfied that it will be properly utilized, in conformity with Article 5 of the Convention.

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 Convention No. 17 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), accepting 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 takes note of the information provided by the Government in the regard, and 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 Conventions Nos 121 or 102 (Part VI) as the most up-to-date instruments in this subject area.