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

Workmen's Compensation (Accidents) Convention, 1925 (No. 17) - Myanmar (Ratification: 1956)

The Committee recalls that, since 1967, it has been urging the Government to amend the national legislation in order to align it with the following provisions of the Convention:

Article 5 of the Convention. The Workmens’ Compensation Act of 1923 provides that in case of personal injury followed by death or permanent disability, compensation is paid in the form of a lump sum payment, whereas according to Article 5 of the Convention, it shall be in the form of periodical payments which may be wholly or partially converted into a lump sum, if the competent authority is satisfied that it will be properly utilized.

Article 10. Article 4(3) of the Workmens’ Compensation Act and Regulation No. 65 taken under the Social Security Act of 1954 impose a ceiling for the supply and normal renewal of necessary artificial limbs and surgical appliances to victims of occupational accidents in contradiction with the Convention, which does not authorize such limits to be set.

In reply, the Government states in its reports of 2007 and 2011 that the Workmens’ Compensation Act of 1923 and the Social Security Act of 1954 are being reviewed by the Law Scrutiny Central Body with a view to repealing the provisions which have become obsolete, and to adding the provisions which are in conformity with the Convention.

The Committee consequently requests the Government to submit copies of the draft amendments to these Acts elaborated by the Government and to explain in detail how their amended provisions would give full effect to Articles 5 and 10 of the Convention. The Committee wishes to remind the Government that its report of 2011 should have been prepared according to the report form on the Convention adopted by the Governing Body of the ILO, and hopes that the Government will not fail to supply a detailed report by 1 September 2013.

[The Government is asked to report in detail in 2013.]