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Workmen's Compensation (Occupational Diseases) Convention, 1925 (No. 18) - Macau Special Administrative Region (RATIFICATION: 1999)

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Previous comment

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 17, 18, and 19 together.
Article 1 of the Conventions Nos 17, 18 and 19. The Committee takes note of the Government’s information that, during the period under review, Executive Order No. 26/2020 and Executive Order No. 27/2020 were enacted to increase the insurance premiums and the respective compensation due to work-related accidents and diseases, as to permanent total and partial incapacity, death of breadwinner, funeral expenses, and rehabilitation. Moreover, the minimum and maximum amounts to be considered for the provision and renewal of prosthetic appliances were also raised.

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Previous comments

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 17, 18, and 19 together.
Article 5 of Convention No. 17. Compensation in the form of periodical payments in the event of permanent incapacity. The Committee takes note of the information provided by the Government in reply to its previous comments that, the Judiciary, as competent authority, establishes compensation in the cases of permanent incapacity or death due to work-related injuries only in the form of lump sum. The Committee also takes note of the Government’s information that it will continuously seek to improve the pertinent regulations and keep the Committee informed in this regard. The Committee wishes to remind the Government that the compensation of victims of occupational injuries who suffer permanent disability or of their dependents should aim at protecting them throughout the contingency period, which is best achieved through periodic payments regularly adjusted to accommodate substantial changes in the cost of living, such as to maintain the value of benefits throughout the payment period. In view of the above, and observing the absence of sufficient guarantees for the competent authority to be satisfied that the lump sum be properly utilized, the Committee requests the Government to make the necessary amendments to the national regulation(s) as to ensure that: (i) compensation paid to injured workers and their survivors is provided preferably in periodical payments; and (ii) in cases in which it is provided in the form of a lump sum, criteria is established so that the competent authority is satisfied that it will be properly utilized, to ensure full conformity with this provision of the Convention.
Article 6 of Convention No. 17. Waiting period. The Committee notes that, in response to its previous request, the Government confirms that, as per paragraph 2 of section 52 of Decree-Law No. 40/95/M, amended by Law No. 6/2015, from the day the responsible party for the payment receives the attestation of temporary incapacity for work, it must pay compensation to the injured worker every 15 days during the contingency. The Committee observes that, in practice, the injured worker will be paid compensation as from the fifteenth day after the receipt of the documentation that substantiates the incapacity to work. In light of the above and observing that the first payment is guaranteed later than the fifth day of the attested incapacity, the Committee requests the Government to make the necessary amendments to bring national regulation(s) into conformity with Article 6 of the Convention, so as to ensure that payments related to compensation concerning work-related accidents are guaranteed as of the fifth day from the beginning of the incapacity for work.
Article 7 of Convention No. 17. Additional compensation for the constant help of another person. The Committee takes note of the information provided by the Government in reply to its previous comments that, under section 14 of the Decree-Law No. 40/95/M, if the worker, who is temporarily incapacitated due to a work-related injury, requires constant help from another person, the accompanying person can receive a transportation allowance. The Committee also takes note of the Government’s indication that it will continue to review the compensation mechanism for occupational accidents and diseases to improve the support provided to injured workers. While taking note of that, the Committee recalls that Article 7 of the Convention requires the payment of additional compensation in all cases where the injury results in incapacity of such a nature that the injured worker must have the constant help of another person. The Committee therefore requests the Government to ensure that all injured workers, including those with partial permanent or temporary incapacity, are provided with additional compensation when the constant help of another person is required and to provide information on the measures taken to this effect.
The Committee reminds the Government of the possibility to avail itself of ILO technical assistance in this regard.

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The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

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The Committee notes from the first report of the Government that the list of occupational diseases and corresponding trades or occupations established by Decree-law No. 40/95/M on the compensation of industrial accidents and occupational diseases is in conformity with the table appended to Article 2 of the Convention.

As regards the implementation of the Convention in practice, the Hazard Prevention Division within the Labour Affairs Bureau has the responsibility to conduct research, assessment and investigation for causes of occupational hazards so as to prevent the occurrence of occupational injuries and diseases, authenticate occupational diseases, investigate the occurrence of such diseases and monitor the compliance with the rules and regulations on occupational safety and health. One of the main duties of the Department of Labour Inspection is the establishment of procedures related to occupational diseases and the preparation of cases for judgment as well as the development of activities and the provision of information to promote the effective compliance with labour laws and regulations. In accordance with the regulations of the above Decree-law, the insurers must communicate to the Labour Affairs Bureau twice a year a statement concerning all cases of industrial accidents and occupational diseases. Out of a labour force composed of some 300,000 persons, the Government indicates that, for the period 2001 to 2006, three cases of occupational diseases have been registered within the territory of the Macau SAR. The Committee would appreciate receiving updated statistics on the number of cases of occupational diseases registered in Macau SAR, as well as information on any measures taken in practice by the above competent authorities in order to raise awareness among the employers and workers concerned with respect to the recognition and reporting of occupational diseases.

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