Observation (CEACR) - adoptée 1995, publiée 82ème session CIT (1995)

1. In reply to the Committee's previous comments the Government indicates that the enactment of new labour laws, including the Workman's Compensation Act, should be made only after the adoption of the new state Constitution with a view to making them in line with the provisions contained therein. The Committee notes this information. In view of the fact that it has been commenting on the application of the Convention since 1959 and that the revision of the Workman's Compensation Act has been referred to several times by the Government since 1987, the Committee can only express once again the hope that the new Workman's Compensation Act will be adopted in the very near future so as to provide in particular:

(a) in accordance with Article 5 of the Convention, that the compensation payable to the injured workman or his dependants, where permanent incapacity or death results from the injury, 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 this will be properly utilized;

(b) in conformity with Article 10, that no maximum amount shall be fixed for the supply and normal renewal of such artificial limbs and surgical appliances as are recognized to be necessary;

(c) in conformity with Article 11 that measures be taken to ensure in all circumstances the payment of compensation to victims of industrial accidents or their dependants in case of insolvency of the employer or insurer.

2. The Committee requests the Government to supply information on the number of protected employees under the Workman's Compensation Act and the social security legislation respectively in relation to the total number of employees who are working in industrial and commercial undertakings, as well as the amount of benefits provided under these two laws in case of industrial accidents.

[The Government is asked to report in detail in 1996.]