Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes the information provided by the Government in its first report and wishes to draw its attention to the following points.

Article 2 of the Convention. Civil servants. The Committee notes that civil servants employed in the Macau SAR are not covered by Decree-law No. 40/95/M on compensation of industrial accidents and occupational diseases, but by Decree-law No. 87/89/M approving the rules governing Macau public servants; in accordance with section 110 of the latter, all departments must insure their employees in Macau against occupational accidents. The Government is requested to indicate in its next report the manner in which the compensation guaranteed to civil servants by domestic laws and regulations gives effect to each of the provisions of the Convention.

Article 5. Payment of compensation in the form of periodical payments. The Committee observes that, in accordance with sections 47 and 50 of Decree-law No. 40/95/M, victims of occupational accidents, as well as their dependants are entitled to receive compensation in the form of lump sums. It recalls that this provision of the Convention requires that compensation payable to the injured workman, or his dependants, where permanent incapacity or death results from the injury, 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. The Committee consequently requests the Government to indicate how the competent authorities verify that the lump sum payments made in these cases are properly utilized.

Article 6. Waiting period. The Government is requested to indicate whether, in conformity with this provision of the Convention, compensation is paid not later as from the fifth day after the accident and whether it is paid by the employer, the accident insurance institution or the sickness insurance institution concerned.

Article 7. Additional compensation for constant help of another person. Section 48 of Decree-law No. 40/95/M provides that where a permanent incapacity resulting from an occupational injury is of such a nature that the employee needs the constant attention of another person, the latter shall be entitled to an additional payment equivalent to 50 per cent of the received lump sum. The Committee invites the Government to indicate whether victims of occupational accidents with temporary incapacity are also guaranteed a complementary payment in cases where they also need the constant help of another person.

Article 9. Medical benefits free of charge. The Government indicates in its report that section 28 of Decree-Law No. 40/95/M regulates the medical expenses which shall be made in order to restore the victim’s health, working capacity and active life. This section also provides the maximum payments which may not be exceeded in case of an industrial accident. Nevertheless, should the medical expenses exceed the limits established by the above provision, the victims shall have the right to medical, surgical, pharmaceutical and hospital assistance under the regulations governing access to public health services. Considering that this provision of the Convention guarantees medical benefits free of charge to victims of industrial accidents, the Committee would be grateful if the Government would indicate whether the public health care services in these cases would be provided free of charge.

Article 10. Supply and normal renewal of artificial limbs and surgical appliances. In its report, the Government indicates the maximum amounts payable for the initial supply and renewal of prosthesis and orthopaedic appliances. The Committee would like to be informed whether, in practice, these amounts are sufficient to ensure that the victims of industrial accidents do not have to share the cost of such limbs and appliances, both at the stages of initial supply and normal renewal.