Workmen's Compensation (Accidents) Convention, 1925 (No. 17) - Zambia (RATIFICATION: 1964)

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In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on Workmen’s Compensation, the Committee considers it appropriate to examine Convention No. 17 (accidents) and No. 18 (occupational diseases) together.

Convention No. 17. Social protection reform. The Committee notes the information provided by the Government in response to its previous comments, indicating that the Social Protection Bill contains legislation concerning old-age pension, noting however that the bill does not deal with workers’ compensation in case of work accident.

Application of the Convention in practice. In its previous comments, the Committee observed that the average monthly level of employment injury benefits in case of permanent disability, 54 Zambian kwacha (ZMW) was relatively low and requested the Government to provide information concerning the outcome of a study by the Actuary Department of the United Kingdom on the establishment of a minimum pension under the Workers’ Compensation Fund. The Committee notes the Government’s indication that the actuarial valuation carried out by the Actuary Department of the United Kingdom for the period 1 April 2011 to 31 March 2014 recommended a minimum pension of ZMW125. The Committee requests the Government to provide information on measures taken or envisaged to increase the level of compensation in case of permanent incapacity resulting from a work related injury with a view to improving the application of the Convention in practice. The Committee also requests the Government to continue providing statistical information in this regard.

Article 2 of Convention No 18. Schedule of occupational diseases. With reference to its previous comments, the Committee notes that the Government indicates that the bill amending the Workers’ Compensation Act No. 10 of 1999 is still undergoing legislative processes and that, among the regulations drafted, one will relate to the list of diseases, taking into account the ILO Lists of Diseases. The Committee further notes that the Government confirms that the Act currently covers two diseases, which are Pneumoconiosis and Tuberculosis suffered after exposure to silica. The Committee requests the Government to continue providing information on the amendment of the list of occupational diseases with a view to giving full compliance to this provision of the Convention.

The Committee has been informed that, based on the recommendations of the Standards Review Mechanism Tripartite Working Group (SRM tripartite working group), the Governing Body has decided that member States for which Convention No. 17 or Convention No. 18 are in force should be encouraged to ratify the more recent Employment Injury Benefits Convention, 1964 [Schedule I amended in 1980] (No. 121), or the Social Security (Minimum Standards) Convention, 1952 (No. 102), accepting its Part VI (see GB.328/LILS/2/1). Conventions Nos 121 and 102 reflect the more modern approach to employment injury benefits. The Committee therefore encourages the Government to follow up the Governing Body’s decision at its 328th Session (October–November 2016) approving the recommendations of the SRM tripartite working group and to consider ratifying Convention No. 121 or Convention No. 102 (Part VI) as the most up-to-date instruments in this subject area. The Committee notes that the Government welcomes technical assistance from the Office in this regard and hopes that it will be carried out in the very near future.

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Social protection reform. The Committee notes that the Government is currently undertaking a social protection reform with the technical assistance of the ILO aiming at the extension of social protection coverage to workers in the informal sector and the development of a unified single social protection law, covering also protection against employment injury. The Committee invites the Government to indicate progress made in the reform in its next report.

Application of the Convention in practice. Referring to its previous comments, the Committee takes note of the efforts of the Government to increase compliance with the requirements of the national legislation. With regard to the level of benefits, it notes that the average monthly level of employment injury benefits in case of permanent disability in 2015 was equal to 54.00 Zambian kwacha (ZMW) which appears to be a very low amount in comparison with the monthly Constant Attendance Allowance of ZMW800.00. The report indicates in this respect that it is difficult to determine the minimum rate of employment injury pension as the same is determined by several factors which include age of the workers, monthly salary, marital status and actuarial factors. The Board has however engaged the Government Actuary Department of the United Kingdom whose terms of reference include the establishment of a minimum pension. The Committee hopes that the Government will not fail to include the outcome of this study in its next report.

Conclusions and recommendations of the Standards Review Mechanism. The Committee notes that, at its 328th Session in October 2016, the Governing Body of the ILO adopted the conclusions and recommendations formulated by the Standards Review Mechanism Tripartite Working Group (SRM TWG), recalling that Conventions Nos 12, 17 and 18 to which Zambia is party are outdated and charging the Office with follow-up work aimed at encouraging States party only to these Conventions to ratify the Employment Injury Benefits Convention, 1964 [Schedule I amended in 1980] (No. 121), and/or the Social Security (Minimum Standards) Convention, 1952 (No. 102), and accept, inter alia, its Part VI, as these represent the most up-to-date instruments in this subject area. The Committee reminds the Government of the availability of ILO technical assistance in this regard.

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The Committee notes the information provided by the Government in reply to its previous direct request in respect of the application of Articles 5 and 7 of the Convention to public servants.

Application of the Convention in practice. The Committee thanks the Government for the statistical information provided in its report on, inter alia, the number of registered occupational accidents and diseases (1,030 cases) and the number of persons protected against industrial accidents (333,589 persons). The Committee observes in this respect that, according to the World Social Protection Report 2014–15, the legal coverage ratio in Zambia in respect of the contingency of employment injury remains low, slightly above 10 per cent of the labour force, while the level of effective coverage in practice falls at an even lower ratio. Although Zambia has very specific social security arrangements for formal employees, not all workers are reached by existing social security provisions with half of all employees saying that their employers do not contribute to social security or that they do not know whether their employer contributes. In addition, the labour force is made up of 60 per cent of own-account workers, most of whom are not protected against employment injuries as they are to be found in the informal economy (a considerable number working in rural areas and agriculture). Finally, the Committee notes that the Government indicates, in the section of its report related to the comments made by employers’ and workers’ organizations, that concerns have been raised regarding the quantity of cash benefits provided in case of employment injury. The Committee wishes the Government to indicate the policy measures taken or envisaged to foster compliance with the requirements of the national legislation and extend both legal and effective levels of coverage in respect of the contingency of employment injury. Please indicate the average level of employment injury benefits in case of permanent total disability and the minimum rate of employment injury pension, if such is established.

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The Committee notes with regret that 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:

Repetition

Article 5 of the Convention. Guarantees for the proper utilization of the compensation paid in the form of a lump sum. Under section 2, paragraph 1(b), of Schedule II to the Public Service Pensions Act, the compensation paid to the victim in the case of an occupational accident resulting in permanent incapacity may be paid, with his consent and the agreement of the competent authority, in the form of a lump sum. Section 3, paragraph 5, of this schedule also provides for the payment of compensation in the form of a lump sum to the dependants of a worker who has died as a result of an occupational accident. The Committee requests the Government to specify the authority competent to decide on the payment of a lump sum and to indicate the guarantees usually required for the proper utilization of compensation.

Article 7. Additional compensation paid to persons whose physical state requires the constant assistance of another person. The Committee notes that the Public Service Pensions Act does not contain specific provisions on the payment of a supplement to persons injured in such a way as to require the constant help of another person. However, the Committee notes that section 4, paragraph 3, of Schedule II of the Public Service Pensions Act provides for supplementary compensation in the event of unavoidable expenses directly attributed to medical examinations and treatment for occupational injuries incurred. The Government is therefore requested to explain how the protection provided for under this provision of the Convention is guaranteed to the persons covered by the abovementioned Act.

Part V of the report form. Application of the Convention in practice. The Committee thanks the Government for the statistical information provided in its report on Convention No. 12 as regards the number of registered occupational accidents and recognized occupational diseases. It also notes from the World social security report 2010/11: Covering people in times of crisis, published by the ILO in 2010, that, although Zambia has very specific social security arrangements for formal employees, not all workers are reached by existing social security provisions. One of the obstacles to achieving greater social security coverage is the fact that nearly half (49 per cent of the total, 54 per cent of women and 47 per cent of men) say either that they do not have a contract with their employer or that they do not know whether they have one. Accordingly, half of all employees (but only 19 per cent of public sector employees) say their employers do not contribute to social security or that they do not know whether their employer contributes. Similarly, more than half of all employees (again 19 per cent of public sector employees) indicate that they are not aware of their paid, sick or maternity leave entitlements as regulated by the Employment Act. As regards self-employed workers, which constitute about 60 per cent of the labour force, these are mainly own-account workers, most of whom are to be found in the informal economy with a considerable number working in rural areas and agriculture. The estimate of legal coverage against employment injury is at only 14.4 per cent of the economically active population. Given the structural nature of the problems to which the social security system is confronted, the Committee asks the Government to indicate the policy measures that have been taken or are envisaged, as well as the results achieved, in order to foster compliance with the requirements of the national legislation as regards affiliation of workers to the employment injury scheme as well as other contingencies protected by the social security system.

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The Committee notes with regret that 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:

Repetition

The Committee notes the adoption of the Workers’ Compensation Act No. 10 of 1999. It also notes that persons excluded from the scope of Act No. 10 are covered by the Public Servants Service Act No. 35 of 1996. In this respect, it requests the Government to provide additional information on the following points.

Article 5 of the Convention. Guarantees for the proper utilization of the compensation paid in the form of a lump sum. Under section 2, paragraph 1(b), of Schedule II to the Public Service Pensions Act, the compensation paid to the victim in the case of an occupational accident resulting in permanent incapacity may be paid, with his consent and the agreement of the competent authority, in the form of a lump sum. Section 3, paragraph 5, of this schedule also provides for the payment of compensation in the form of a lump sum to the dependants of a worker who has died as a result of an occupational accident. The Committee requests the Government to specify the authority competent to decide on the payment of a lump sum and to indicate the guarantees usually required for the proper utilization of compensation.

Article 7. Additional compensation paid to persons whose physical state requires the constant assistance of another person. The Committee notes that the Public Service Pensions Act does not contain specific provisions on the payment of a supplement to persons injured in such a way as to require the constant help of another person. However, the Committee notes that section 4, paragraph 3, of Schedule II of the Public Service Pensions Act provides for supplementary compensation in the event of unavoidable expenses directly attributed to medical examinations and treatment for occupational injuries incurred. The Government is therefore requested to explain how the protection provided for under this provision of the Convention is guaranteed to the persons covered by the abovementioned Act.

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The Committee notes that 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:

Repetition

The Committee notes the adoption of the Workers’ Compensation Act No. 10 of 1999. It also notes that persons excluded from the scope of Act No. 10 are covered by the Public Servants Service Act No. 35 of 1996. In this respect, it requests the Government to provide additional information on the following points.

Article 5 of the Convention. Guarantees for the proper utilization of the compensation paid in the form of a lump sum. Under section 2, paragraph 1(b), of Schedule II to the Public Service Pensions Act, the compensation paid to the victim in the case of an occupational accident resulting in permanent incapacity may be paid, with his consent and the agreement of the competent authority, in the form of a lump sum. Section 3, paragraph 5, of this schedule also provides for the payment of compensation in the form of a lump sum to the dependants of a worker who has died as a result of an occupational accident. The Committee requests the Government to specify the authority competent to decide on the payment of a lump sum and to indicate the guarantees usually required for the proper utilization of compensation.

Article 7. Additional compensation paid to persons whose physical state requires the constant assistance of another person. The Committee notes that the Public Service Pensions Act does not contain specific provisions on the payment of a supplement to persons injured in such a way as to require the constant help of another person. However, the Committee notes that section 4, paragraph 3, of Schedule II of the Public Service Pensions Act provides for supplementary compensation in the event of unavoidable expenses directly attributed to medical examinations and treatment for occupational injuries incurred. The Government is therefore requested to explain how the protection provided for under this provision of the Convention is guaranteed to the persons covered by the abovementioned Act.

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The Committee notes the adoption of the Workers’ Compensation Act No. 10 of 1999. It also notes that persons excluded from the scope of Act No. 10 are covered by the Public Servants Service Act No. 35 of 1996. In this respect, it requests the Government to provide additional information on the following points.

Article 5 of the Convention. Guarantees for the proper utilization of the compensation paid in the form of a lump sum. Under section 2, paragraph 1(b), of Schedule II to the Public Service Pensions Act, the compensation paid to the victim in the case of an occupational accident resulting in permanent incapacity may be paid, with his consent and the agreement of the competent authority, in the form of a lump sum. Section 3, paragraph 5, of this schedule also provides for the payment of compensation in the form of a lump sum to the dependants of a worker who has died as a result of an occupational accident. The Committee requests the Government to specify the authority competent to decide on the payment of a lump sum and to indicate the guarantees usually required for the proper utilization of compensation.

Article 7. Additional compensation paid to persons whose physical state requires the constant assistance of another person. The Committee notes that the Public Service Pensions Act does not contain specific provisions on the payment of a supplement to persons injured in such a way as to require the constant help of another person. However, the Committee notes that section 4, paragraph 3, of Schedule II of the Public Service Pensions Act provides for supplementary compensation in the event of unavoidable expenses directly attributed to medical examinations and treatment for occupational injuries incurred. The Government is therefore requested to explain how the protection provided for under this provision of the Convention is guaranteed to the persons covered by the abovementioned Act.

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The Committee notes with regret that 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.

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The Committee notes that 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.

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The Committee notes the information provided by the Government in its last report and the annual reports of the Workers' Compensation Fund Control Board. The Government indicates that effect is given to the Convention by the Workers' Compensation Act, CAP.271. The Committee requests the Government to provide a copy of CAP.271.