Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Workmen's Compensation (Accidents) Convention, 1925 (No. 17) - Mozambique (Ratification: 1977)

The Committee notes the Government’s report of 2011 and its reply to the direct request of 2007.

Article 2 of the Convention. Exclusion of certain economic sectors from the scope of the Labour Act. The Committee notes that Labour Act No. 8/98 has been repealed and replaced by Act 23/2007. Section 2 of this Act makes it applicable to all economic sectors, while section 3 provides for special regimes for certain types of work. In this respect, the Government informs that special regulations concerning domestic work, contracts related to sports and private security have already been passed, and that special regulations regarding out-work, port, maritime and rural sectors are being developed. The Committee would be grateful if the Government would indicate whether any of these special regulations establish provisions regarding compensation in cases of industrial accidents different from Act 23/2007.

Protection of apprentices against industrial accidents. The Committee notes that in its previous 2006 report, the Government had stated that apprentices were not covered against the risk of industrial accidents. However, in its latest report the Government indicates that apprentices who suffer injury due to an industrial accidents shall be compensated according to Article 53 of the Legislative Decree No. 1706 of 19 October 1957. It also states that this legislative instrument is being reviewed because it is now out dated. The Committee asks the Government to furnish a copy of said Legislative Decree, once the amendment procedure has been finalized.

Article 11. Guarantees in the event of insolvency of the employer or insurer. The Committee notes, from the labour inspectorate’s report for 2005, that the failure by employers to fulfil their obligation to take out collective insurance for their workers against industrial accidents and occupational diseases constitutes, by far, the second most widely reported violation in the country. It therefore once again requests the Government to state what measures were taken to ensure that better effect is given to Section 231 of Act 23/2007 (section 160 of the repealed Labour Act under which employers must take out collective insurance for all their workers to provide cover against industrial accidents and occupational diseases, with section 232 providing for supplementary insurance for workers carrying out high-risk work). The Government is also requested to indicate how the rights of workers who suffer personal injury due to an industrial accident are insured in case their employers have failed in their obligation to take out the above collective insurance, in the event of the insolvency of the employer or the insurer.

Article 7. Payment of additional compensation for the constant help of another person. In its previous report, the Government had stated that there was no text determining the amount of the additional compensation payable under Section 233(2) of Act 23/2007 (section 162(2) of the repealed Labour Act) to injured workers in need of the constant help of another person. The Committee notes, however, that paragraph 1 of section 39 of the Legislative Decree No. 1706 provides that in such cases compensation shall be increased up to 80 per cent of the remuneration upon which compensation is established. The Committee asks the Government to confirm that this provision is applied in practice.