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Workmen's Compensation (Accidents) Convention, 1925 (No. 17) - 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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Article 5 of the Convention. Compensation in the form of periodical payments in the event of permanent incapacity. In its previous comments, the Committee requested the Government to indicate how the form of payment of the compensation to injured workers is determined in accordance with the provisions of Decree-Law No. 40/95/M of 14 August 1995. The Committee notes the Government’s indication in its report that there are no legal provisions determining whether the compensation shall be paid in a lump sum or periodically in the event of death or permanent incapacity. The Government indicates that the amount of the compensation is determined by the court and paid in a lump sum by the liable entity. Recalling that Article 5 of the Convention authorizes the payments in a lump sum only when the competent authority is satisfied that it will be properly utilized, the Committee asks the Government to take the necessary measures so as to ensure full conformity with this provision of the Convention.
Article 6. Waiting period. The Committee notes that, in response to its previous request concerning the waiting period for the payment of the first compensation, the Government indicates that the provision of section 52 of Decree-Law No. 40/95/M, as amended by Law No. 6/2015, provides that the amount of the benefit is calculated as from the date of receiving the supporting documents for the incapacity for work. The Committee asks the Government to confirm that, in practice, an injured worker will be paid compensation not later than, as from the fifth day after the accident, as required by Article 6 of the Convention, despite the reception of the supportive documents at a later date.
Article 7. Additional compensation for the constant help of another person. The Committee noted in its previous comments that, in case of permanent incapacity, section 48 of Decree-Law No. 40/95/M provides an additional payment equivalent to 50 per cent of the received lump sum where work-related permanent incapacity is such that the employee needs constant assistance from another person, while in case of temporary incapacity, under section 14 of the same Decree-Law, an injured employee who needs constant assistance from another person is only entitled to the payment of transport costs for the accompanying person. The Committee notes that the Government indicates that it will continue to examine the compensation system of work accidents and occupational diseases. The Committee encourages the Government to take measures to also provide for additional compensation for victims of work accidents suffering temporary incapacity.
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 Convention is in force should be encouraged to ratify the more recent 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 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 Convention Nos 121 and/or 102 (Part VI) as the most up-to-date instruments in this subject area.

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Article 5 of the Convention. Compensation in the form of periodical payments. In its previous comment the Committee asked the Government to indicate how the competent authorities verify that lump sum payments made to injured workers and their dependants are properly utilized. The Committee notes the Government’s indication that, in the event of death or permanent incapacity, compensation may be paid in the form of periodical payments or a lump sum. The Committee requests the Government to indicate how the form of payment of the compensation is determined.
Article 6. Waiting period. The Government indicates that, under section 52 of Decree-Law No. 40/95/M, in the event of temporary or permanent total or partial incapacity, compensation is paid every 15 days by the employer and the insurance institution. As the Committee understands it, the first compensation payment is therefore made 15 days after the start of the incapacity. The Committee requests the Government to confirm that this is indeed the case.
Article 7. Additional compensation for the constant help of another person. In its previous comment the Committee noted the terms of section 48 of Decree-Law No. 40/95/M – which provides that where permanent incapacity resulting from an occupational injury is such that the employee needs constant assistance from another person, the former shall be entitled to an additional payment equivalent to 50 per cent of the received lump sum – and asked the Government to indicate whether victims of occupational accidents with temporary incapacity are also guaranteed a supplementary payment in cases where they also need the constant help of another person, as provided for by Article 7 of the Convention. Here the Government merely indicates that, under section 14 of the same Decree-Law, a person with temporary incapacity who needs constant assistance from another person is entitled to the payment of transport costs for the accompanying person. The Committee requests the Government to consider the possibility of taking measures to also provide for additional compensation for victims of occupational accidents with temporary total incapacity.
Article 9. Medical benefits free of charge. Further to its previous comments, the Committee notes the Government’s confirmation that, where the competent body has paid the medical expenses within the limits established by law, the worker who has suffered the industrial accident must pay the amounts that exceed the limit set for expenses. The Committee also notes that section 3(2) of Decree-Law No. 24/86/M provides that medical care dispensed in health centres and care given to families and individuals facing economic difficulties which incur costs exceeding the prescribed limits are still free of charge. If workers are unable to pay the amounts that exceed the prescribed limits, they may have recourse to the social institutions (Social Affairs Office or Social Security Fund). Lastly, the Committee notes that, according to the Government’s report, no cases have been recorded in the last five years in which the prescribed limits have been exceeded.

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The Committee notes the information provided by the Government in its first report and wishes to draw its attention to the following points.

Article 2 of the Convention. Civil servants. The Committee notes that civil servants employed in the Macau SAR are not covered by Decree-law No. 40/95/M on compensation of industrial accidents and occupational diseases, but by Decree-law No. 87/89/M approving the rules governing Macau public servants; in accordance with section 110 of the latter, all departments must insure their employees in Macau against occupational accidents. The Government is requested to indicate in its next report the manner in which the compensation guaranteed to civil servants by domestic laws and regulations gives effect to each of the provisions of the Convention.

Article 5. Payment of compensation in the form of periodical payments. The Committee observes that, in accordance with sections 47 and 50 of Decree-law No. 40/95/M, victims of occupational accidents, as well as their dependants are entitled to receive compensation in the form of lump sums. It recalls that this provision of the Convention requires that compensation payable to the injured workman, or his dependants, where permanent incapacity or death results from the injury, be paid in the form of periodical payments; provided that it may be wholly or partially paid in a lump sum, if the competent authority is satisfied that it will be properly utilized. The Committee consequently requests the Government to indicate how the competent authorities verify that the lump sum payments made in these cases are properly utilized.

Article 6. Waiting period. The Government is requested to indicate whether, in conformity with this provision of the Convention, compensation is paid not later as from the fifth day after the accident and whether it is paid by the employer, the accident insurance institution or the sickness insurance institution concerned.

Article 7. Additional compensation for constant help of another person. Section 48 of Decree-law No. 40/95/M provides that where a permanent incapacity resulting from an occupational injury is of such a nature that the employee needs the constant attention of another person, the latter shall be entitled to an additional payment equivalent to 50 per cent of the received lump sum. The Committee invites the Government to indicate whether victims of occupational accidents with temporary incapacity are also guaranteed a complementary payment in cases where they also need the constant help of another person.

Article 9. Medical benefits free of charge. The Government indicates in its report that section 28 of Decree-Law No. 40/95/M regulates the medical expenses which shall be made in order to restore the victim’s health, working capacity and active life. This section also provides the maximum payments which may not be exceeded in case of an industrial accident. Nevertheless, should the medical expenses exceed the limits established by the above provision, the victims shall have the right to medical, surgical, pharmaceutical and hospital assistance under the regulations governing access to public health services. Considering that this provision of the Convention guarantees medical benefits free of charge to victims of industrial accidents, the Committee would be grateful if the Government would indicate whether the public health care services in these cases would be provided free of charge.

Article 10. Supply and normal renewal of artificial limbs and surgical appliances. In its report, the Government indicates the maximum amounts payable for the initial supply and renewal of prosthesis and orthopaedic appliances. The Committee would like to be informed whether, in practice, these amounts are sufficient to ensure that the victims of industrial accidents do not have to share the cost of such limbs and appliances, both at the stages of initial supply and normal renewal.

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