Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Workmen's Compensation (Accidents) Convention, 1925 (No. 17) - Mozambique (Ratification: 1977)

Other comments on C017

Observation

1999

Direct Request

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Article 2 of the Convention. Special schemes covering certain categories of workers. Referring to its previous request for information concerning the implementation of section 3 of Act 23/2007 which provides that domestic workers, workers with contracts related to sports, artists and workers in the rural sector are to be progressively covered by special schemes and taking into account the administrative capacity of the National Social Security Institute (INSS), the Committee requests the Government to indicate in its next report whether any such schemes were put in place.

Article 7. Payment of additional compensation for the constant help of another person. The Committee notes the adoption of Decree No. 62/2013 regulating employment injury benefits, section 19(3)(f) of which specifies that in case of accidents resulting from employment, the beneficiary is entitled to an additional compensation. Given the absence of any further indication as to the amount of the additional compensation in Decree No. 62/2013 and considering that the latter abrogated the Legislative Decree No. 1706 of 1957, which specified that in such cases compensation shall be increased up to 80 per cent of the remuneration, the Committee requests the Government to indicate what is the level of the additional compensation foreseen in such cases and to specify the relevant regulatory provisions.

Article 11. Guarantees in the event of insolvency of the employer or insurer. The Committee notes with interest section 7 of the new Decree No. 62/2013 which requires employers to transfer the responsibility of employment injury coverage to accredited insurance companies. It further provides at its section 60 that when the insurance is insufficient to cover the cost of employment injury benefits, the employer is responsible to make up the difference. The Committee requests the Government to specify what measures are in place to ensure that employment injury benefit continues to be granted in cases where the insurance company and/or the employer becomes insolvent.

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, inter alia, 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.