National Legislation on Labour and Social Rights
Global database on occupational safety and health legislation
Employment protection legislation database
Display in: French - Spanish
Repetition Article 5 of the Convention. Periodical payments. In its previous comments, the Committee pointed to the fact that, pursuant to sections 5 and 6 of the Workers Compensation Act of 2000, a permanently incapacitated worker or the surviving dependants of a deceased worker are only compensated in the form of a lump sum payment equivalent to 60 months’ earnings at most, whereas the Convention requires that, in principle, compensation needs to be paid in the form of periodical payments, without limit of time. The Government indicates in its last report that it developed the Workers Compensation Regulations to provide guidance on paying compensation in the form of periodical payments and that a circular letter has been issued to all District Labour Officers to ensure compliance with this principle. The Government further reiterates the indication from its previous report that consensus was reached with the social partners concerning the amendment of sections 5 and 6 of the Workers Compensation Act, to provide for the periodical payment of benefits without limit of time and that the issue has been placed on the agenda of the Labour Advisory Board (LAB) for further consultation. While it again takes note of this statement, the Committee is bound to recall that a national legislation establishing a limit on the amount of compensation cannot be considered as giving effect to Article 5 of the Convention which requires that employment injury benefits need, in principle, to be made in the form of periodical payments. The Committee therefore requests the Government to indicate the reasons why progress on this issue has still not been possible. The Committee also requests the Government to provide a copy of the new “Workers Compensation Regulations”. Recommendations of the Standards Review Mechanism. The Committee notes that, according to the recommendations made by the Tripartite Working Group of the Standards Review Mechanism, as approved by the ILO Governing Body, member States which have ratified the Convention are encouraged 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 the obligations in its Part VI, as the most up-to-date instruments in this subject area (GB.328/LILS/2/1). The Committee reminds the Government of the possibility of availing itself of ILO technical assistance in this respect.
Repetition The Committee notes the information provided by the Government reporting the adoption in 2000 of new legislation respecting workers’ compensation. In this respect, it notes with satisfaction that, following the many comments that it has made for many years, the Government has taken the opportunity to adopt the above Act in order to bring the national legislation into conformity with certain principles set out in Article 5 of the Convention. This is one of the essential provisions of the Convention which establishes that the compensation payable in the event of employment injury resulting in permanent incapacity or death shall, in principle, be paid in the form of periodical payments and may only be paid in the form of a lump sum when guarantees are provided to the competent authorities of its proper utilization. This provision is intended to protect victims of employment injury or their dependants against the improper use of funds intended to compensate the permanent loss of income resulting from an employment accident. The Committee accordingly notes that, under section 3(8) of the Workers’ Compensation Act of 2000 (Chapter 225), compensation in cases of permanent incapacity or death shall, in accordance with the provisions of the Convention, be paid in the form of periodical payments. In cases of total or partial permanent incapacity, any compensation due shall be paid by the employer to the district labour officer, who then pays such sums to the beneficiaries concerned (section 26). In practice, nevertheless, according to the Government’s report, payments are still in the form of a lump sum, except in the case of minors, who receive periodical payments. The Government adds that the Commissioner for Labour decides whether the compensation is to be paid wholly or partially, but no guarantees of the proper utilization of the compensation are usually required.While welcoming the amendment of the national legislation establishing the principle of compensation due in the event of an employment accident resulting in death or permanent incapacity paid in the form of periodical payments, the Committee invites the Government to take the necessary measures (for example, through circulars addressed to the commissioners for labour in the various districts) to ensure compliance with this principle in practice and to provide information in this respect in its next report. The Committee also observes that, contrary to the provisions of the Convention, sections 5 and 6 of the Act of 2000 limit the amount of compensation to a sum equal to 60 months’ earnings or to a percentage of this sum corresponding to the recognized percentage of loss of capacity. In this respect, it is bound to hope that the Government will make every effort to take the necessary measures in the near future to give effect in law and practice to Article 5 of the Convention, which provides in the case of both permanent incapacity and death for the payment of benefits in the form of periodical payments without limit of time.
The Committee notes the information provided by the Government reporting the adoption in 2000 of new legislation respecting workers’ compensation. In this respect, it notes with satisfaction that, following the many comments that it has made for many years, the Government has taken the opportunity to adopt the above Act in order to bring the national legislation into conformity with certain principles set out in Article 5 of the Convention. This is one of the essential provisions of the Convention which establishes that the compensation payable in the event of employment injury resulting in permanent incapacity or death shall, in principle, be paid in the form of periodical payments and may only be paid in the form of a lump sum when guarantees are provided to the competent authorities of its proper utilization. This provision is intended to protect victims of employment injury or their dependants against the improper use of funds intended to compensate the permanent loss of income resulting from an employment accident.
The Committee accordingly notes that, under section 3(8) of the Workers’ Compensation Act of 2000 (Chapter 225), compensation in cases of permanent incapacity or death shall, in accordance with the provisions of the Convention, be paid in the form of periodical payments. In cases of total or partial permanent incapacity, any compensation due shall be paid by the employer to the district labour officer, who then pays such sums to the beneficiaries concerned (section 26). In practice, nevertheless, according to the Government’s report, payments are still in the form of a lump sum, except in the case of minors, who receive periodical payments. The Government adds that the Commissioner for Labour decides whether the compensation is to be paid wholly or partially, but no guarantees of the proper utilization of the compensation are usually required.
While welcoming the amendment of the national legislation establishing the principle of compensation due in the event of an employment accident resulting in death or permanent incapacity paid in the form of periodical payments, the Committee invites the Government to take the necessary measures (for example, through circulars addressed to the commissioners for labour in the various districts) to ensure compliance with this principle in practice and to provide information in this respect in its next report. The Committee also observes that, contrary to the provisions of the Convention, sections 5 and 6 of the Act of 2000 limit the amount of compensation to a sum equal to 60 months’ earnings or to a percentage of this sum corresponding to the recognized percentage of loss of capacity. In this respect, it is bound to hope that the Government will make every effort to take the necessary measures in the near future to give effect in law and practice to Article 5 of the Convention, which provides in the case of both permanent incapacity and death for the payment of benefits in the form of periodical payments without limit of time.
The Committee notes with regret that the Government’s report once again has not been received. It is therefore bound to repeat its observation of 1999, which read as follows:
Article 5 of the Convention. The Committee notes the information provided by the Government in its last report that the Bill to revise the legislation on workers’ compensation has received its first reading in Parliament. It trusts that the Government will take all the necessary measures for the adoption of this Bill so as to give full effect to Article 5 of the Convention, on which the Committee has been commenting since 1966. The Committee recalls that, under this provision of the Convention, the compensation payable in the event of accidents which result in permanent incapacity or death shall be paid in the form of periodical payments throughout the contingency, although these payments may be paid in the form of a lump sum if the competent authority is satisfied that it will be properly utilized. It requests the Government to provide a copy of the new Act as soon as it has been adopted.
The Committee hopes that the Government will make every effort to take the necessary action in the very near future.
The Committee notes with deep regret that for the fourth consecutive year the Government’s report has not been received. It must therefore repeat its observation of 1999, which read as follows:
The Committee notes with regret that for the third consecutive year the Government’s report has not been received. It must therefore repeat its observation of 1999, which read as follows:
The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its observation of 1999, which read as follows:
The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:
Article 5 of the Convention. The Committee notes the information provided by the Government in its last report that the Bill to revise the legislation on workers' compensation has received its first reading in Parliament. It trusts that the Government will take all the necessary measures for the adoption of this Bill so as to give full effect to Article 5 of the Convention, on which the Committee has been commenting since 1966. The Committee recalls that, under this provision of the Convention, the compensation payable in the event of accidents which result in permanent incapacity or death shall be paid in the form of periodical payments throughout the contingency, although these payments may be paid in the form of a lump sum if the competent authority is satisfied that it will be properly utilized. It requests the Government to provide a copy of the new Act as soon as it has been adopted.
[The Government is asked to report in detail in 2001.]
The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:
Article 5 of the Convention. The Committee notes the information contained in the Government's report that the revised legislation on workmen's compensation takes account of the provisions of Article 5 of the Convention. The Committee cannot but reiterate the hope that this legislation will be adopted in the near future and that it will ensure, in accordance with this provision of the Convention, that employment injury compensation for permanent incapacity or death is paid in the form of periodical payments throughout the contingency unless the competent authority is satisfied that a lump-sum payment will be properly utilized. The Committee asks the Government to indicate any progress made in this respect and to provide a copy of the new law as soon as it has been adopted.
Article 5 of the Convention.The Committee notes the information contained in the Government's report that the revised legislation on workmen's compensation takes account of the provisions of Article 5 of the Convention. The Committee cannot but reiterate the hope that this legislation will be adopted in the near future and that it will ensure, in accordance with this provision of the Convention, that employment injury compensation for permanent incapacity or death is paid in the form of periodical payments throughout the contingency unless the competent authority is satisfied that a lump-sum payment will be properly utilized. The Committee asks the Government to indicate any progress made in this respect and to provide a copy of the new law as soon as it has been adopted.
[The Government is asked to report in detail in 1998.]
Article 5 of the Convention. The Committee notes the information contained in the Government's report, particularly that draft legislation revising the workers' compensation law is due for presentation to the competent authority for adoption. The Committee cannot but once again hope that the legislation will be adopted in the very near future and that it will ensure that compensation for permanent incapacity or death is paid in the form of periodical payments throughout the contingency, unless the competent authority is satisfied that a lump sum payment will be properly utilized, as is required under Article 5. The Committee asks the Government to supply a copy of the new Act once adopted.
[The Government is asked to report in detail in June 1997.]
Article 5 of the Convention. Referring to its previous comments which it has been making since 1966, the Committee notes from the Government's report that the draft workers' compensation legislation, prepared with the assistance of the ILO in 1990, has not yet been adopted. It notes however from the Government's report that the draft legislation, which is at present under examination, takes account of the provisions of Article 5 of the Convention. In this situation, the Committee once again expresses the hope that this legislation will be adopted in the very near future so as to give full effect to the Convention, and in particular to its Article 5, under which compensation payable in case of death or permanent incapacity shall be paid in the form of periodical payments throughout the contingency, provided that it may be paid in a lump sum, if the competent authority is satisfied that it will be properly utilized. The Committee asks the Government to indicate any progress made in this respect in its next report.
[The Government is asked to report in detail for the period ending 30 June 1994.]
Article 5 of the Convention. Referring to its previous comments, the Committee notes the Government's statement in its report that the Government and the tripartite Labour Legislation Review Committee are working with an ILO expert to finalise the draft workers' compensation legislation. It hopes that this legislation will be adopted in the very near future so as to give full effect to the provisions of the Convention, and in particular to its Article 5, under which compensation payable in case of death or permanent incapacity shall be paid in the form of periodical payment throughout the contingency, provided that it may be paid in a lump sum, if the competent authority is satisfied that it will be properly utilised.
The Committee would be grateful if the Government would indicate any progress made in this respect.
Article 5 of the Convention. In reply to the Committee's previous comments the Government indicates that, upon its request for ILO technical assistance, an expert on labour legislation visited Uganda in January 1989; priority will be given to new Workmen's Compensation legislation proposals and it is expected that the enactment of the new proposals will be effected soon. The Committee notes with interest this information. It trusts that with the ILO's technical assistance the Workmen's Compensation legislation, on which the Committee has been commenting since 1966, will soon be brought into full conformity with Article 5 of the Convention, which provides that compensation payable in the event of permanent injury 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 utilised.
The Committee hopes that the Government will be able, in its next report, to indicate progress in this connection either through the amendment of the above-mentioned Act or through the introduction of a workmen's compensation insurance system. [The Government is asked to report in detail for the period ending 30 June 1990.]