Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

In its previous comments that it has been making for a number of years, the Committee drew the Government's attention to the fact that the Workmen's Compensation Ordinance No. 21 of 1955, as amended, contains provisions contrary to the following Articles of the Convention:

1. Article 2, paragraph 1, of the Convention (in relation with Article 2, paragraph 2(d)). Section 2(1)(a) of the Workmen's Compensation Ordinance excludes from its scope manual workers whose earnings exceed a certain limit, whereas the Convention does not authorize any exclusion of manual workers but only that of non-manual workers.

2. Article 5. In the event of death or permanent incapacity, section 8(a), (b) and (c) of the Workmen's Compensation Ordinance provides only for the payment of a lump sum, whereas Article 5 of the Convention provides that compensation payable to the injured workman or his dependants in case of permanent incapacity or death shall 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.

In its last report the Government indicated that, while there has been no change in the legislation, the Board of Directors of Social Security is considering at present the third actuarial evaluation of the Social Security Scheme on Workmen's Compensation/Injury Benefit, prepared with the assistance of the ILO, with a view to selecting the most suitable means of financing; it is expected that this Scheme will be brought into effect in 1994.

The Committee notes this information with interest. It hopes that the Government will be able to introduce the above Scheme in the near future and that the regulations to be adopted to this effect will ensure full application of the Convention, in particular on the above-mentioned points. The Committee asks the Government to indicate any progress made in this respect in its next report.