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Workmen's Compensation (Occupational Diseases) Convention, 1925 (No. 18) - Mozambique (RATIFICATION: 1977)

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In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on social security, the Committee considers it appropriate to examine Conventions Nos 17 (workers’ compensation, accidents), and 18 (workers’ compensation, occupational diseases) together.

Articles 2 and 3(2) of Convention No. 17. Special schemes for the coverage of certain categories of workers. In its previous comments, the Committee requested the Government to indicate whether any of the special schemes foreseen in section 3 of the Act No. 23/2007 for the social security coverage of domestic workers, workers in the sports sector, artists, and workers in the rural sector, had been implemented.

(i) Coverage of domestic workers. The Committee notes the indications provided by the Government in its report in relation to the coverage of domestic workers and its reference to the Domestic Work Regulations (Decree no. 40/2008). It notes, in particular, that section 13 c) of the Regulations establishes an obligation for the employer to provide medical care in case of work accidents and occupational diseases to their domestic employees, and to grant compensation, while section 27(1) establishes that after 30 days, the guarantees in cases of temporary incapacity for work cease, without prejudice to the observance of the applicable provisions on social security. The Committee requests the Government to (i) indicate if domestic employees who suffer personal injury due to a work accident are afforded financial compensation and medical care in case of incapacity for work and need for such care lasting for more than 30 days; and (ii) provide information on the measures which guarantee the coverage and provision of compensation and medical care to domestic employees who are incapacitated for work or who require medical care for longer than 30 days.

(ii) Coverage of workers in the sports sector. The Committee takes note of the indication provided by the Government about the issuance of the Regulations on Sports Employment (Decree no. 48/2014 of 21 August 2014), pursuant to which employers in the sports sector have the obligation to register their employees with, and pay contributions to, the national social security system (section 14 (1)(e)). It further notes that they are included, together with artists, in the scope of application of the Regulations on Mandatory Social Security, when associated to a sports club or company (section 3(2)(i)). The Committee observes, however, that, pursuant to Decree No. 62/2013, approving the Regulations Establishing the Legal Regime Governing Industrial Accidents and Occupational Diseases, coverage for work injury compensation in Mozambique is not provided through social insurance, but through a system of employers’ liability, with an obligation for employers to insure their responsibility. The Committee requests the Government to specify whether the compensation of workers in the sports sector for personal injury due to a work accident is afforded by the social security system, or whether it is the employers’ responsibility, and to indicate the relevant provisions of the national legislation.

(iii) Coverage of artists and rural workers. Concerning artists and rural workers, the Committee notes that that Government indicates that relevant regulations have not been created and that efforts will be made in this regard. The Committee invites the Government to keep it informed of any development in this regard and, in particular, on any measure taken or envisaged for the implementation of section 3 of Act No. 23/2007, which provides for the establishment of special schemes for artists and rural workers in cases of work accidents.

Article 7 of Convention No. 17. Additional compensation for the constant help of another person. The Committee takes note of the complementary information provided by the Government regarding the additional compensation to which victims of work injuries may be entitled for the constant help of another person, as set out in Decree No. 62/2013.

Article 11 of Convention No. 17. Guarantees in the event of insolvency of the employer or insurer. In its previous comments, the Committee noted that the system established by Decree No. 62/2013 provided for the transfer of employer’s responsibility for employment injury coverage to accredited insurance companies, and requested the Government to indicate the measures guaranteeing that compensation continued to be granted in cases where the insurance company and/or the employer became insolvent. The Committee notes the Government’s reply indicating that the Regulations provided through the above-mentioned Decree do not specify who is responsible in these cases. Recalling that Article 11 of the Convention requires that national laws or regulations must make provision to ensure in all circumstances, in the event of the insolvency of the employer or insurer, the payment of compensation to the injured person, or, in case of death, to his/her dependants, the Committee requests the Government to take the necessary measures to give full effect to Article 11 of the Convention.

Article 2 of Convention No. 18. Schedule of occupational diseases. In its previous comments, the Committee noted that Decree No. 62/2013 was in line with sections 269 and 233(5) of the Labour Code, and requested the Government to specify when regulations would be adopted so as to give effect to sections 224(2) and 269 of Act No. 23/2007 and section 20(4) of Decree No. 62/2013, operationalize the schedule of occupational diseases laid down by the Labour Code, and specify the industries and processes in which the origin of the disease is presumed to be occupational in nature, as required by Article 2 of the Convention. The Committee notes the Government’s reply indicating that, as a result of the current review of the Labour Act, it is not possible to envisage when the expected regulations will be issued, and that a feasibility study will be carried out in this regard. The Committee requests the Government to indicate if, in the absence of the specific regulations concerning industries and occupations likely to provoke occupational illnesses as provided by sections 224(4) and 269 of the Labour Act and section 20(4) of Decree No. 62/2013, in conformity with the Schedule appended to Article 2 Convention No. 18, currently all diseases and poisonings produced by the substances listed in section 224(2) of Act No. 23/2007 and in section 20(2) of Decree No. 62/2013 are considered as occupational diseases, irrespective of the trade or industry in which workers are engaged, and to continue providing information on regulations issued in this regard.

Application of the Conventions in practice. With reference to its previous comments concerning the application of Convention No. 18 in practice, the Committee once again requests to the Government to provide information on the number of occupational diseases reported; the details of the industrial processes that cause the occupational diseases; the number of workers employed in such industries; and the amounts of the benefits in cash and in kind that have been provided following an occupational disease. As regards the application of Convention No. 17 in practice, the Committee requests the Government to submit the information requested in the report form in this regard, providing a general appreciation of the manner in which the Convention is applied, including for instance reports of the inspection services and statistical information, in so far as it is available.

Conclusions and recommendations of the Standards Review Mechanism. With respect to its previous comment, the Committee notes the Government’s indication that it welcomes the reference of the Committee concerning the recommendations of the Standards Review Mechanism (SRM) Tripartite Working Group, based on which the Governing Body has decided that Member States for which Conventions Nos 17 and 18 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), and accept the obligations in its Part VI (see GB.328/LILS/2/1). In this regard, the Committee notes the Government’s indication that efforts will be made to realize a feasibility study concerning the possibilities of ratification. The Committee reminds the Government of the possibility to avail itself of the technical assistance of the Office in this regard, and once again 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 the area of employment injuries and occupational diseases.

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Article 2 of the Convention. Schedule of occupational diseases. The Committee notes the adoption of Decree No. 62/2013 regulating employment injury benefits in line with articles 269 and 233(5) of the new Labour Code, Act No. 23/2007. It also notes that paragraph 20(4) provides that industries and professions with greater propensity to cause occupational diseases shall be covered by specific regulations provided for in section 224(4) of Act No. 23/2007, which have not yet been adopted. The Committee asks the Government to specify when these regulations will be adopted so as to give effect to sections 224(2) and 269 of Act No. 23/2007 and paragraph 20(4) of Decree No. 62/2013, operationalize the schedule of occupational diseases laid down by the new Labour Code, and specify the industries and processes in which the origin of the disease is presumed to be occupational in nature.

Application of the Convention in practice. The Committee takes note of the information provided by the Government in response to the direct request and, in particular, the statistics regarding labour inspection and on accidents resulting from employment, which, however, do not concern cases of occupational diseases. The Committee reiterates its request to the Government to specify, in its next report, the number of occupational diseases reported in line with the schedule of occupational diseases laid down in section 224(2) of the new Labour Code; the details of the industrial processes that cause the occupational diseases; the number of workers employed in such industries; and the amounts of the benefits in cash and in kind that have been provided following an occupational disease since the adoption of Decree No. 62/2013.

Conclusions and recommendations of the Standards Review Mechanism. The Committee notes that, at its 328th Session in October 2016, the Governing Body of the ILO adopted the conclusions and recommendations formulated by the Standards Review Mechanism Tripartite Working Group (SRM TWG), recalling that Conventions Nos 17 and 18 to which Mozambique is party are outdated and charging the Office with follow-up work aimed at encouraging States party only to these Conventions to ratify the Employment Injury Benefits Convention, 1964 [Schedule I amended in 1980] (No. 121), and/or the Social Security (Minimum Standards) Convention, 1952 (No. 102), and accept, the obligations in its Part VI, as these represent the most up-to-date instruments in this subject area. The Committee reminds the Government of the availability of ILO technical assistance in this regard.

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Article 2 of the Convention. Schedule of occupational diseases. The Committee notes with interest that the schedule of occupational diseases laid down by the new Labour Code (section 224(2) of Act No. 23/2007) is consistent with the schedule appended to the Convention. It also notes that section 224(4) provides that the industries and processes liable to cause occupational diseases must be covered by specific regulations, as was already specified in the previous Labour Code. The Committee points out that it has been drawing the Government’s attention to the need to issue such special regulations since the adoption of the previous Labour Code in 1985. In these circumstances, the Committee expresses the firm hope that the Government will seize the adoption of the new Labour Code as an opportunity to give effect without delay to section 224(4) so as to make the schedule of occupational diseases operational by specifying the industries and processes in which the origin of the disease is presumed to be occupational in nature.

Part V of the report form. The Government is asked in its next report to provide general information in the way in which the Convention is applied in practice, providing: relevant extracts of labour inspection reports; details of the industrial processes that cause the occupational diseases set forth in the Convention; the number of workers employed in such industries; the number of diseases reported; and the amounts of the benefits in cash and in kind that have been provided.

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With reference to the Committee’s previous comments, the Government indicates in its last report that the Ministries of Labour and of Health are collaborating with a view to the adoption as soon as possible of an updated text setting out the list of occupational diseases. The Committee takes due note of this information and once again hopes that the Government will be in a position to communicate a copy of the updated list of occupational diseases provided for in section 157(3) of Act No. 8/98 on employment, section III, Chapter IV, of which governs occupational accidents and diseases. Furthermore, recalling that it has been making this request for several years, the Committee hopes that the Government will also provide with its next report a copy of the regulations respecting the industries or occupations liable to cause occupational diseases envisaged in section 157(4) of the above Act, to which reference was already made in the previous Labour Act of 1985 in section 143(3).

Finally, the Committee once again requests the Government to provide information on the application of the Convention in practice, in accordance with Part V of the report form.

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The Committee notes the information sent by the Government in its last report. It also notes the adoption of Act No. 8/98 on employment, of which section III of Chapter IV governs occupational accidents and diseases. In this connection the Committee notes that under section 157, subsection 3, of this Act, the list of situations liable to cause occupational diseases, given in subsection 2 of the same section, is to be updated by Order of the Minister for Health. Furthermore, according to subsection 4 of the same section, industries or professions liable to cause occupational diseases will be subject to specific regulations. Given these circumstances, the Committee hopes that following their adoption, the Government will communicate a copy of the list as updated by the Ministry for Health provided by section 157, subsection 3, as well as a copy of the regulations regarding industries or professions liable to cause occupational diseases, to which reference was already made in section 143, subsection 3, of the Labour Act of 1985.

Finally, the Committee asks the Government to supply information on the practical application of the Convention, in conformity with Part V of the report form.

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The Committee notes that the Government's report does not indicate that any progress has been made in the implementation of the regulations provided for in section 143, subsection 3, of Labour Act No. 8. The Committee expresses once again its hope that the Government will take the necessary steps in the near future to adopt these regulations, which are to determine the trades and processes liable to cause the diseases listed in subsection 2 of section 143 of the Labour Act.

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The Committee notes with regret that, for the second consecutive year, the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in it previous direct request, which read as follows:

With reference to its previous comments, the Committee notes the Government's statement that the regulations provided for in section 143, subsection 3, of Labour Act No. 8 of 12 December 1985 have not yet been adopted. It hopes that these regulations, which are to determine the trades and processes liable to cause the diseases listed in subsection 2 of above-mentioned section 143, will shortly be adopted. It asks the Government to indicate any progress achieved in this connection.

Furthermore, the Committee takes note of the statistical information provided. It notes, however, that these data appear to concern only industrial accidents. Consequently, it again requests the Government to provide appropriate information on the application, in practice, of the Convention, with regard to occupational diseases, in accordance with point V of the report form approved by the Governing Body.

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The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows: