Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

United Republic of Tanzania

Workmen's Compensation (Accidents) Convention, 1925 (No. 17) (Ratification: 1962)
Equality of Treatment (Accident Compensation) Convention, 1925 (No. 19) (Ratification: 1962)

The Committee notes with interest that the Government indicates in its report that the Workers Compensation Fund (WCF) is now operational and that the Workers’ Compensation Regulations, 2016, have been adopted. In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on workmen’s compensation, the Committee considers it appropriate to examine Conventions Nos 17 (accidents) and 19 equality of treatment (accident compensation) in a single comment.

Workmen’s Compensation (Accidents) Convention, 1925 (No. 17)

Article 5 of the Convention. Lump-sum compensation in the event of permanent incapacity. The Committee noted in its previous comments that, according to section 49 of the Workers Compensation Act No. 20 of 2008, where a pension is less than the prescribed amount per month, the Director-General of the WCF may decide to pay a lump sum in lieu of the monthly pension for permanent disablement granted in accordance with section 48 of the Act. The Committee notes the Government’s indication that the Workers’ Compensation Regulations, 2016, have been adopted with a view to providing guidance for the implementation of the Act.

Article 6. Payment of compensation. In its previous comments, the Committee asked the Government to explain how and by whom the compensation is paid after the first month to injured workers. The Committee notes that the Government indicates that, under sections 46(3) and 46(4) of the Workers Compensation Act, employers are liable for providing to the injured employee the compensation for temporary incapacity for the first month, and that thereafter all payments will be provided by the Fund. Furthermore, the Committee notes that the Government states that, in any case, the Fund has put in place a mechanism to ensure that such payments can be provided directly by the Fund including for the first month.

Article 7. Additional compensation. The Committee noted in its previous comments that the right to additional compensation in cases in which the injured worker must have the constant help of another person should not depend upon an administrative decision of the WCF, as provided for by section 51 of the 2008 Act. The Committee notes the information provided by the Government, informing that the Regulations, 2016, provide that the Director-General of the WCF will determine constant care grants through Guidelines, as foreseen by regulation 40(1) of the Workers’ Compensation Regulations 2016. The Committee also notes that through the Public Service Social Security Fund Act, 2018, section 40(2) of the National Social Security Fund Act, 1997, which provided for an additional allowance of 25 per cent of the employment injury benefit to the helper in case the recipient of permanent disability benefit for employment injury needed the constant help of another person, has been repealed. The Committee asks the Government to take the necessary measures to include the legal rules concerning constant attendant care grants for temporary and permanent incapacity in the forthcoming Guidelines in order to give full effect to this provision of the Convention.

Articles 9 and 10. Medical aid free of charge. Artificial limbs and appliances. In its previous comments, the Committee noted that according to section 62 of the Workers Compensation Act, 2008, the Fund shall pay the reasonable costs of medical aid required by an occupational accident for a maximum period of two years. The Fund may also pay the additional costs for further medical aid when it may reduce the incapacity. The Committee notes that the Government indicates that, under section 4 of the Act, a definition of medical aid including medical, surgical, hospital treatment, skilled nursing services as well as the supply and repair of any prosthesis or any devices necessitated, and ambulance service, is provided. The Committee also notes that the Government states that the Fund will provide surgical appliances, artificial limbs and pharmaceutical aid as part of the medical rehabilitation of the injured employee. The Government adds that the Committee’s comments will be taken into account for the formulation of the Guidelines to be issued by the Director-General of the Fund, in accordance with the Workers’ Compensation Regulations, 2016. The Committee asks the Government to ensure that the Guidelines will include the definition of reasonable medical costs, as well as the renewal of artificial limbs and surgical appliances to be provided free of charge.

Article 11. Insolvency of the insurer. The Committee notes the information provided by the Government concerning the insolvency of the employer or insurer, which acknowledges that the Government is the guarantor in case of insolvency of the Fund, also by virtue of a constitutional obligation.

The Committee has been informed that, based on the recommendations of the Standards Review Mechanism Tripartite Working Group (SRM TWG), the Governing Body has decided that member States for which Convention No. 17 is 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) (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 TWG and to consider ratifying Conventions Nos 121 and/or 102 (Part VI) as the most up-to-date instruments in this subject area.

Equality of Treatment (Accident Compensation) Convention, 1925 (No. 19)

Article 1(2) of the Convention. Payment of accident compensation abroad. The Committee asks the Government to specify how the transfer abroad of cash benefits in case of industrial accidents is regulated as regards both nationals and foreigners and their dependants so as to ensure that nationals of other member States who have ratified the Convention receive the same treatment as the Government grants to its own nationals.

With respect to the legislation applicable in Zanzibar, the Committee asks the Government whether it envisages to amend the Workmen’s Compensation Act No. 15 of 1986 of Zanzibar which puts the liability for the payment of compensation directly on the employer, so as to harmonize it with the Workers Compensation Act No. 20 of 2008, which provides a social insurance scheme in case of employment injuries and occupation diseases.