Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

Equality of Treatment (Accident Compensation) Convention, 1925 (No. 19) - Malaysia - Peninsular (Ratification: 1957)

In its previous comments, the Committee requested the Government to provide information on the measures taken to ensure that foreign workers (and their dependants) who are nationals of countries that have ratified the Convention receive the same compensation as that granted to national workers in the event of occupational accidents. The Government indicates in its report that studies reveal that the Workmen’s Compensation Scheme has features that are superior and not available under the social security schemes. An example of such coverage is the provision for transport cost for injured workers to be sent back to their country of origin as well as transport costs for the body of a worker who dies. The lump sum paid to injured workers or to the dependants of workers who die is also significantly higher than the accumulated average pension paid under the social security schemes to the national workers. After comparing the two schemes, the Government has concluded that in general terms there is equity in the protection provided. Moreover, the Workmen’s Compensation Scheme is more relevant to the requirements of foreign workers. The Committee pointed out in its previous observations that in some other respects the employees’ social security scheme was superior to the Workmen’s Compensation Scheme in the benefits granted. The Committee must consequently remind the Government that Article 1, paragraphs 1 and 2, of the Convention requires each Member which ratifies the Convention to grant, without any condition as to residence, to the nationals of any other Member which has ratified the Convention who have suffered employment injury on its territory, or their dependants, the same treatment as that granted to its own nationals in respect of workers’ compensation. In these circumstances, the Committee considers that national laws which establish, in the event of employment injury, the principle of differing treatment between foreign workers - who receive a lump sum - and nationals - who receive a pension - are not consistent with this provision of the Convention. Under the Convention, States parties must undertake to establish the principle of equal treatment in respect of workmen’s compensation between their own nationals and foreign workers, and must enable foreign workers or their dependants who have returned to their countries of origin to receive the payments abroad under special arrangements. The Committee accordingly hopes that the Government will be able to provide information in its next report on measures taken or envisaged to bring national laws and regulations into conformity with the Convention.