Solicitud directa (CEACR) - Adopción: 2001, Publicación: 90ª reunión CIT (2002)

The Committee notes with regret that for the third consecutive year the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee has reviewed the Workmen’s Compensation Act, 1986, submitted by the Government.

Article 3, paragraph 2, of the Convention (in relation with Article 2). (a) The Committee notes that section 2(a) and (b) of the Workmen’s Compensation Act excludes employees of the Special Department and the Union Government. The Committee recalls that Article 3 permits the exemption of classes of workers if they are covered by some special scheme which is not less favourable than the terms of the Convention. The Committee requests information on what alternative schemes cover the employees of the Special Department and the Union Government.

(b) Section 2(d) of the Act authorizes the Minister of Labour to exempt from coverage any class of workers. The Committee requests information on which groups, if any, have been excluded pursuant to section 2(d) and what alternative schemes cover them.

Articles 5 and 7. The Committee notes that sections 10, 11 and 12 of the Act provide for payment of compensation in the form of a lump sum in the event of death or permanent incapacity as well as in the case where the injured worker needs constant help of another person. It recalls that under Articles 5 and 7 of the Convention such compensation shall be paid in the form of periodical payments and that total or partial payment in a lump sum is permitted only if the competent authority is satisfied that it will be properly utilized. The Committee would be grateful if the Government would indicate in its next report what steps it proposes to take to bring the national legislation into conformity with these Articles of the Convention.

Article 11. The Committee notes that section 8(1) and section 48(c) of the Act authorize the Ministry of Labour to require any employer or class of employers to insure themselves. The Committee requests information on what classes of employers have been required to insure.