Observation (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

For many years, the Committee has been noting that the Workmen’s Compensation Act (Cap. 220), which covers certain categories of workers excluded from the application of the National Pensions Act, 1976, does not contain any provisions giving effect to Article 5 (the principle of the payment of compensation in the form of periodical payments in the case of permanent incapacity or death), Article 7 (additional compensation for workmen injured in such a way as to require the constant help of another person), Article 9 (free entitlement to the necessary medical and surgical aid), Article 10 (supply and renewal of artificial limbs and surgical appliances) and Article 11 (guarantees against the insolvency of the employer or insurer) of the Convention.

In this respect, the Government indicated in its 1999 report that the merger was envisaged of the Workmen’s Compensation Act and the National Pensions Act to ensure the full application of the Convention. The Committee notes that, according to the Government’s latest report, the formulation of the Bill is almost completed and that it will be submitted to the National Assembly in the near future. The Committee hopes that the Government will take all the necessary measures to make the required legislative amendment as soon as possible with a view to ensuring that all workers covered by the Convention receive the compensation guaranteed by this instrument in the event of an employment accident.

[The Government is asked to reply in detail to the present comments in 2010.]