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

With reference to its previous comments, the Committee notes that the amendments to the Workmen's Compensation Act (Chapter 220), to which the Government has been referring since 1982, are still under consideration. The Committee recalls in this respect that the Workmen's Compensation Act, while covering certain categories of workers excluded from the application of the National Pensions Act, 1976 (i.e. certain workers in the sugar industry), does not contain provisions giving effect to the following provisions of the Convention:

Article 5 (payment of compensation in the form of periodical payments in the case of permanent incapacity or death; provided that it may wholly or partially be paid in a lump sum if the competent authority is satisfied that it will be properly utilized); Article 7 (additional compensation for injured workmen whose incapacity necessitates the constant help of another person); Article 9 (provision of necessary medical and surgical aid); Article 10 (supply and renewal of necessary artificial limbs and surgical appliances) and Article 11 (guarantee against the insolvency of the employer or insurer).

The Committee regrets that the necessary measures have still not been taken in order to ensure full application of the Convention, either by extending the coverage of the National Pensions Act and the Regulations made under it so as to cover all workers protected by the Convention, or by amending the Workmen's Compensation Act as indicated above. It asks the Government to report any progress made in this respect.