Observation (CEACR) - adoptée 2006, publiée 96ème session CIT (2007)

For many years, the Committee has been drawing the Government’s attention to the need to amend the national legislation in order to align it with the Convention, and particularly with Article 5 and Article 10 concerning, respectively, the compensation due in the event of permanent disability or death, and the supply of necessary artificial limbs and surgical appliances. In its last report, as regards the application of Article 5 of the Convention, the Government refers to article 8(8) of the 1924 Workmen’s Compensation Act respecting the Commissioner’s authority to intervene in the administration of workmen’s compensation in the event of a parent’s negligence towards dependent children or for any other sufficient cause. According to this provision, the Commissioner may, if he sees fit, make orders to vary the distribution of any sum paid as compensation, according to the circumstances of the case.

The Committee recalls that, in the comments it has made time and again since the Convention entered into force for Myanmar, it has referred to article 4 of the Workmen’s Compensation Act which, according to information available to the Committee, provides that compensation payable in the case of injury followed by death or permanent disability is due in the form of a lump sum and that only compensation for injury followed by temporary disability may be paid in the form of periodical payments. Article 8, to which the Government refers, concerns only the administration of compensation due in the event of death to persons with no legal capacity. In these circumstances, the Committee is bound to remind the Government that Article 5 of the Convention establishes the principle that, in the event of permanent disability or death, compensation shall be paid in the form of periodical payments and may be paid in a lump sum only in exceptional cases where the competent authority is satisfied that it will be properly utilized. Consequently, while taking due note of the information in the Government’s report, the Committee requests the Government to take the necessary steps, as it said it would, to amend article 4 of the Workmen’s Compensation Act to bring it into line with Article 5 of the Convention.

The Committee also notes that, according to the Government, the cost of supplying and renewing artificial limbs and surgical appliances for injured workers is borne by the competent board. However, according to information available to the Committee, both the Workmen’s Compensation Act (article 4(3)) and the implementing regulations for the Social Security Act of 1954 (article 65(2)) continue to impose a ceiling for the supply and renewal of artificial limbs and surgical appliances for injured workers, contrary to the Convention, which allows no such ceilings. The Government is therefore asked to indicate in its next report whether it has amended the provisions of the above texts and, if not, to state what measures are under way to do so.