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Previous comments: C.12 direct request and C.19 direct request.

In order to provide an overview of issues relating to the application of ratified social security Conventions, the Committee considers it appropriate to examine Conventions Nos 12 and 19 together.
The Committee notes the information provided by the Government in its report, according to which the Workers’ Compensation Commission of the Ministry of Labour is still in the process of setting up a Workers’ Compensation Fund and that consultation meetings have been held with the organisations representing employers and workers in this regard. The Committee also notes that the Workers’ Compensation Act of 2000 is being revised and that the Government has indicated that it will avail itself of the ILO’s technical assistance for this purpose. The Committee requests the Government to provide updated information on the progress made with regard to the establishment and operation of the Workers’ Compensation Fund, and the reform of the Workers’ Compensation Act.
Part V of the report form. Application of Convention No. 12 in practice. The Committee takes due note of the statistical information provided by the Government regarding the total number of accidents at work recorded between April 2022 and March 2023. The Committee also takes note of the information that employers must report accidents at work and occupational diseases within 21 days of the date of the accident or the diagnosis of the disease and that, if the employer fails to do so, the worker can report it directly to the Ministry of Labour. In this context, the Committee requests the Government to provide information on: (i) the number of notified accidents at work and occupational diseases, indicating how many of them concern agricultural workers; (ii) the number of accidents at work or occupational diseases that have led to temporary or permanent disability and, in this case, the amount of compensation paid; and (iii) the average time that has elapsed between the occurrence/diagnosis of an accident at work/occupational disease and its notification to the competent authorities.
Article 1 of Convention No. 19. Transfer abroad of benefits in case of accidents at work. The Committee notes the information provided by the Government, which indicates that from January 2022 to July 2023, there were around 2,626 foreigners working in Malawi. The Committee also notes that, according to the Government, Malawian workers employed abroad are covered by the workers’ compensation legislation of the country in which they reside. The Committee requeststhe Government to provide information on whether and how payments of compensation for accidents at work incurred in Malawi can be transferred abroad if the beneficiaries, both Malawian nationals and non-nationals, move out of the country. In addition, the Committee requests the Government to provide statistical data on the number and nationality of foreign workers employed in the country and whether bilateral agreements on the provision of social security benefits have been concluded with other Member States.

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The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.
Repetition
The Committee notes that the Workers’ Compensation Commission of the Ministry of Labour is in the process of establishing a Workers Compensation Fund with a view to the effective and efficient management of compensation funds from employers. Please provide information on any developments in this respect as well as a copy of the legal provisions governing the operation of the above Fund.
Part V of the report form. Application of the Convention in practice. With reference to its previous comments, the Committee takes due note of the statistical information supplied by the Government with respect to the total number of occupational accidents registered for 2009 and 2010. The Government is invited to continue supplying with its future reports information on the manner in which the national legislation on occupational accidents is applied in practice including, if possible, information with respect to the manner in which accidents in agriculture are reported and compensated in practice.

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The Committee notes that the Workers’ Compensation Commission of the Ministry of Labour is in the process of establishing a Workers Compensation Fund with a view to the effective and efficient management of compensation funds from employers. Please provide information on any developments in this respect as well as a copy of the legal provisions governing the operation of the above Fund.
Part V of the report form. Application of the Convention in practice. With reference to its previous comments, the Committee takes due note of the statistical information supplied by the Government with respect to the total number of occupational accidents registered for 2009 and 2010. The Government is invited to continue supplying with its future reports information on the manner in which the national legislation on occupational accidents is applied in practice including, if possible, information with respect to the manner in which accidents in agriculture are reported and compensated in practice.

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The Committee notes the information sent by the Government in its report and particularly the fact that the Workmen’s Compensation Act of 2000 is also applicable to workers employed in agriculture, amongst other sectors. The Committee would be grateful if the Government would provide, in its next report, information concerning the manner in which the Convention is applied in practice, including statistics relating to the number of workers employed in agriculture, the number of accidents recorded in this sector and the amounts allocated in respect of medical care and cash benefits to agricultural workers who are victims of occupational accidents.

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