Observation (CEACR) - adoptée 1991, publiée 78ème session CIT (1991)

In its previous comments, the Committee drew the Government's attention to the fact that the Workmen's Compensation Ordinance No. 21 of 1955, as amended, contains provisions contrary to the following Articles of the Convention:

1. Article 2, paragraph 1, of the Convention (in relation with Article 2, paragraph 2(d)). Section 2(1)(a) of the Workmen's Compensation Ordinance excludes from its scope manual workers whose earning exceed a certain limit, whereas the Convention does not authorised any exclusion of manual workers but only that of non-manual workers.

2. Article 5. In the event of death or permanent incapacity, section 8(a), (b) and (c) of the Workmen's Compensation Ordinance provides only for the payment of a lump sum, whereas Article 5 of the Convention provides that compensation payable to the injured workman or his dependants in case of permanent incapacity 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.

In its last report the Government indicated that workmen continue to be protected in case of industrial injury through a sickness benefit scheme which is part of the local social security scheme. It adds that legislation is in progress to have employment injury and disablement benefits as a separate branch under the social security scheme. While noting this information the Committee feels bound to point out that under sections 12, 24 and 38 of the Social Security (Benefits) Regulations, 1981, as amended, sickness benefit, invalidity and survivors' benefit are conditional upon a minimum qualifying period of contribution which is not authorised by the Convention. In addition, under section 14 of said Social Security (Benefits) Regulations the duration of the sickness benefit is limited to 26 weeks, whereas under Article 6 of the Convention the benefit for temporary incapacity shall be granted without limitation of time as long as is made necessary by the state of the victim or until the latter is entitled to benefit for permanent incapacity.

The Committee hopes, therefore, that the Government will take the necessary measures to ensure full application of Articles 2 and 5 of the Convention, either by establishing an employment injury benefit scheme as a separate branch under the social security scheme and therefore by adopting regulations to this effect in conformity with the Convention or by amending section 2(1)(a) and section 8(a), (b) and (c) of the Workmen's Compensation Ordinance No. 21 of 1955, as amended, in the light of the above-mentioned comments.