Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Mozambique

Workmen's Compensation (Accidents) Convention, 1925 (No. 17) (Ratification: 1977)
Workmen's Compensation (Occupational Diseases) Convention, 1925 (No. 18) (Ratification: 1977)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on social security, the Committee considers it appropriate to examine Conventions Nos 17 (workers’ compensation, accidents), and 18 (workers’ compensation, occupational diseases) together.

Articles 2 and 3(2) of Convention No. 17. Special schemes for the coverage of certain categories of workers. In its previous comments, the Committee requested the Government to indicate whether any of the special schemes foreseen in section 3 of the Act No. 23/2007 for the social security coverage of domestic workers, workers in the sports sector, artists, and workers in the rural sector, had been implemented.

(i) Coverage of domestic workers. The Committee notes the indications provided by the Government in its report in relation to the coverage of domestic workers and its reference to the Domestic Work Regulations (Decree no. 40/2008). It notes, in particular, that section 13 c) of the Regulations establishes an obligation for the employer to provide medical care in case of work accidents and occupational diseases to their domestic employees, and to grant compensation, while section 27(1) establishes that after 30 days, the guarantees in cases of temporary incapacity for work cease, without prejudice to the observance of the applicable provisions on social security. The Committee requests the Government to (i) indicate if domestic employees who suffer personal injury due to a work accident are afforded financial compensation and medical care in case of incapacity for work and need for such care lasting for more than 30 days; and (ii) provide information on the measures which guarantee the coverage and provision of compensation and medical care to domestic employees who are incapacitated for work or who require medical care for longer than 30 days.

(ii) Coverage of workers in the sports sector. The Committee takes note of the indication provided by the Government about the issuance of the Regulations on Sports Employment (Decree no. 48/2014 of 21 August 2014), pursuant to which employers in the sports sector have the obligation to register their employees with, and pay contributions to, the national social security system (section 14 (1)(e)). It further notes that they are included, together with artists, in the scope of application of the Regulations on Mandatory Social Security, when associated to a sports club or company (section 3(2)(i)). The Committee observes, however, that, pursuant to Decree No. 62/2013, approving the Regulations Establishing the Legal Regime Governing Industrial Accidents and Occupational Diseases, coverage for work injury compensation in Mozambique is not provided through social insurance, but through a system of employers’ liability, with an obligation for employers to insure their responsibility. The Committee requests the Government to specify whether the compensation of workers in the sports sector for personal injury due to a work accident is afforded by the social security system, or whether it is the employers’ responsibility, and to indicate the relevant provisions of the national legislation.

(iii) Coverage of artists and rural workers. Concerning artists and rural workers, the Committee notes that that Government indicates that relevant regulations have not been created and that efforts will be made in this regard. The Committee invites the Government to keep it informed of any development in this regard and, in particular, on any measure taken or envisaged for the implementation of section 3 of Act No. 23/2007, which provides for the establishment of special schemes for artists and rural workers in cases of work accidents.

Article 7 of Convention No. 17. Additional compensation for the constant help of another person. The Committee takes note of the complementary information provided by the Government regarding the additional compensation to which victims of work injuries may be entitled for the constant help of another person, as set out in Decree No. 62/2013.

Article 11 of Convention No. 17. Guarantees in the event of insolvency of the employer or insurer. In its previous comments, the Committee noted that the system established by Decree No. 62/2013 provided for the transfer of employer’s responsibility for employment injury coverage to accredited insurance companies, and requested the Government to indicate the measures guaranteeing that compensation continued to be granted in cases where the insurance company and/or the employer became insolvent. The Committee notes the Government’s reply indicating that the Regulations provided through the above-mentioned Decree do not specify who is responsible in these cases. Recalling that Article 11 of the Convention requires that national laws or regulations must make provision to ensure in all circumstances, in the event of the insolvency of the employer or insurer, the payment of compensation to the injured person, or, in case of death, to his/her dependants, the Committee requests the Government to take the necessary measures to give full effect to Article 11 of the Convention.

Article 2 of Convention No. 18. Schedule of occupational diseases. In its previous comments, the Committee noted that Decree No. 62/2013 was in line with sections 269 and 233(5) of the Labour Code, and requested the Government to specify when regulations would be adopted so as to give effect to sections 224(2) and 269 of Act No. 23/2007 and section 20(4) of Decree No. 62/2013, operationalize the schedule of occupational diseases laid down by the Labour Code, and specify the industries and processes in which the origin of the disease is presumed to be occupational in nature, as required by Article 2 of the Convention. The Committee notes the Government’s reply indicating that, as a result of the current review of the Labour Act, it is not possible to envisage when the expected regulations will be issued, and that a feasibility study will be carried out in this regard. The Committee requests the Government to indicate if, in the absence of the specific regulations concerning industries and occupations likely to provoke occupational illnesses as provided by sections 224(4) and 269 of the Labour Act and section 20(4) of Decree No. 62/2013, in conformity with the Schedule appended to Article 2 Convention No. 18, currently all diseases and poisonings produced by the substances listed in section 224(2) of Act No. 23/2007 and in section 20(2) of Decree No. 62/2013 are considered as occupational diseases, irrespective of the trade or industry in which workers are engaged, and to continue providing information on regulations issued in this regard.

Application of the Conventions in practice. With reference to its previous comments concerning the application of Convention No. 18 in practice, the Committee once again requests to the Government to provide information on the number of occupational diseases reported; the details of the industrial processes that cause the occupational diseases; the number of workers employed in such industries; and the amounts of the benefits in cash and in kind that have been provided following an occupational disease. As regards the application of Convention No. 17 in practice, the Committee requests the Government to submit the information requested in the report form in this regard, providing a general appreciation of the manner in which the Convention is applied, including for instance reports of the inspection services and statistical information, in so far as it is available.

Conclusions and recommendations of the Standards Review Mechanism. With respect to its previous comment, the Committee notes the Government’s indication that it welcomes the reference of the Committee concerning the recommendations of the Standards Review Mechanism (SRM) Tripartite Working Group, based on which the Governing Body has decided that Member States for which Conventions Nos 17 and 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), and accept the obligations in its Part VI (see GB.328/LILS/2/1). In this regard, the Committee notes the Government’s indication that efforts will be made to realize a feasibility study concerning the possibilities of ratification. The Committee reminds the Government of the possibility to avail itself of the technical assistance of the Office in this regard, and once again 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 Conventions Nos 121 or 102 (Part VI) as the most up-to-date instruments in the area of employment injuries and occupational diseases.