Workmen's Compensation (Accidents) Convention, 1925 (No. 17) - Burundi (Ratification: 1963)

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

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 No. 12 (employment injury compensation, agriculture), No. 17 (employment injury compensation, accidents) and No. 42 (occupational disease compensation, revised) together.

Article 1 of Convention No. 12. Coverage of agricultural workers in the informal economy. In its previous comments on the application of Convention No. 12, the Committee requested the Government to provide information on the implementation of the objectives of the national social protection policy and to indicate whether any specific measures had been taken to extend coverage of employment injury compensation to agricultural workers in the informal economy. The Committee notes, according to the indications provided by the Government in its report, that agricultural workers in the informal economy are covered by non-contributory or universal sickness programmes, such as the medical assistance card (CAM), which give them access to care in the event of employment injury. Moreover, the Committee notes with interest the adoption of the new Social Protection Code, under the terms of Act No. 1/12 of 12 May 2020, which provides in section 23(6) that the scope of application of the basic scheme, including the occupational risks scheme, now includes economic operators in the informal sector among the categories of workers protected within the meaning of the law. The Committee requests the Government to indicate whether section 23(6) of the Social Protection Code of 2020 does indeed have the effect of extending the protection of the basic occupational risks scheme to all agricultural workers in the informal economy. It also requests the Government to provide any relevant information concerning the effect given in practice to this provision, including any statistical data available on the number of injuries and applications for compensation submitted by these workers.

The Committee further observes that the extension of social protection to populations and workers not covered by the current social protection system, including those engaged in the informal and rural economies, is one of the priorities of the Decent Work Country Programme (DWCP) 2020-2023 of Burundi. With this objective, it is planned, among other action, to develop a methodology and tools to help enterprises in the formal and informal economies to draw up labour contracts including social security registration. The Committee requests the Government to provide information on any measures adopted or planned for the achievement of this objective, as well any other specific measures intended to provide required income protection and effective access to health care for all agricultural workers in the informal economy who suffer injuries due to work or on the occasion of work.

Article 6 of Convention No. 17 and Article 1 of Convention No. 42. Waiting period. In its previous comment on the application of Convention No. 17, the Committee noted that the waiting period of 30 days for the provision of compensation to victims of employment injury was not in conformity with Article 6 of Convention No. 17, which provides that, in case of incapacity, compensation shall be paid not later than as from the fifth day after the accident, whether it is payable by the employer, an accident insurance institution or a sickness insurance institution. Noting that, in practice, compensation is paid by employers from the second until the 30th day after an accident, it requested the Government to continue providing information on any legislative amendments concerning the payment of employment injury benefits to workers who are victims of industrial accidents as of the fifth day after the accident. The Committee also requested the Government to provide any information available on the manner in which employers in practice provide victims of employment injury with compensation until the 31st day following an industrial accident.

The Committee takes due note of the Government’s indications that the employer’s obligation to pay victims of employment injuries their full remuneration for the first 30 days of the resulting incapacity is set out in clause 30 of the national interoccupational collective agreement of 3 April 1980, under the terms of Title II, First Chapter, of Legislative Order No. 01/31 of 2 June 1966 issuing the Labour Code of Burundi. The Committee notes that this collective agreement has binding force and is broad in scope, as it applies to all workers in Burundi and all enterprises in the economic sectors specified in the agreement, namely agriculture, the extractive and manufacturing industries, construction and public works, public services, electricity, gas, water and sanitation, as well as transport, warehouses and communications. On the other hand, the Committee observes that the new Social Protection Code of 2020 still provides for a waiting period of 30 days for entitlement to employment injury benefit (sections 44 and 52). The Committee requests the Government to provide further information on the mechanisms that exist to ensure the application of clause 30 of the national interoccupational collective agreement, including any enforcement mechanism and any penalties applicable in the event of the failure by the employer to pay the remuneration due. The Committee also requests the Government to indicate whether there is a requirement or a possibility for the employer to take out insurance to guarantee the payment of the remuneration due to victims of employment injury during the first 30 days of incapacity and, in any case, beyond the fifth day after the accident causing the injury, in accordance with Article 6 of the Convention.

Application in practice of Conventions Nos 12, 17 and 42. (i) Updating of the national list of occupational diseases. In its previous comments on the application in practice of Convention No. 42, the Committee requested the Government to indicate whether there had been any follow up to the recommendations made by employers’ and workers’ organizations to review the list of occupational diseases in order to adapt it to current needs. The Committee notes the Government’s reply indicating that, under the terms of the new Social Protection Code of 2020, the list of occupational diseases, the procedures for updating it and the waiting periods shall be established by joint order of the Ministers of Public Health and of Social Protection within their fields of competence (section 47). The Government adds that the organizations of employers and workers that recommended the review of the list of occupational diseases are members of the National Social Protection Commission, a tripartite commission responsible for promoting and regulating the programmes of the National Social Protection Policy (section 1 of Decree No. 100/237 of 22 August 2012). The Committee encourages the Government to hold tripartite consultations, under the aegis of the National Social Protection Commission or another appropriate platform, in order to revise the list of occupational diseases to meet current needs, taking into account in particular the risks to which the workers of Burundi are exposed in the economic sectors covered by the national legislative framework. The Committee requests the Government to inform it of any measures adopted or envisaged in this respect, including any order issued under section 47 of the Social Protection Code of 2020.

(ii) Labour inspection. In its previous comments on the application of Convention No. 12, the Committee noted the difficulties facing the labour inspection services as a result of insufficient human and financial resources, as indicated by the Government, and requested the Government to provide information on the measures adopted or envisaged so that the labour inspection services can fulfil their mission. Moreover, in its previous comments on the application of Convention No. 42, the Committee requested the Government to envisage the adoption of further measures to improve the functioning of the system for the recognition of occupational diseases. The Committee notes the information provided by the Government in this respect, including the reassignment of around ten staff and officials from the General Directorate of Labour to the General Labour and Social Security Inspectorate, and the preparation of the report on the inspection services following several years in which it was not published. The Committee hopes that this reassignment will open the way for a reorganization and reallocation of resources with a view to improving the effectiveness of the inspection services in the detection and compensation of employment injury in practice. The Committee requests the Government to keep it informed of any other measures adopted or envisaged to reinforce the resources of the labour inspection services and ensure their effectiveness, particularly with regard to the reporting and compensation of employment accidents and occupational diseases, including in the agricultural sector. The Committee also requests the Government to forward the report of the inspection services when it is published, so that the Committee can assess the application in practice of the Conventions on employment injury compensation.

The Committee has been informed that, based on the recommendations of the Standards Review Mechanism Tripartite Working Group (SRM Tripartite Working Group), the Governing Body has decided that Member States for which Conventions Nos 17 and 42 are in force should be encouraged to ratify the Employment Injury Benefits Convention, 1964 [Schedule I amended in 1980] (No. 121), and/or the Social Security (Minimum Standards) Convention, 1952 (No. 102), and accept the obligations of its Part VI (see GB.328/LILS/2/1). Conventions Nos 121 and 102 reflect the more modern approach to employment injury benefit. 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 Tripartite Working Group and to consider ratifying Convention No. 121 and/or Convention No. 102 (and accept its Part VI) as the most up-to-date instruments in this subject area

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Article 6 of the Convention. Waiting period. In its previous comments, the Committee referred to section 43 of Law No. 1/011 of 29 November 2002, which only requires employers or the pension funds to pay employment injury benefits to workers who are temporarily incapacitated by an industrial accident after the 31st day following an occupational accident; the Government had nonetheless indicated that, in practice, from the second until the 30th day after an occupational accident, employers compensate workers who are victims of employment injuries.

The Committee notes the Government’s indication in its report that, so far, no legal provisions guarantee that workers must receive compensation as of the fifth day following the interruption of work due to an industrial accident. The Government reports, however, that workers who are victims of industrial accidents are entitled to sickness benefits, once their temporary incapacity is confirmed by a medical doctor, in accordance with sections 141 and 142 of the Labour Code. The Government further reports that it has put in place a process aimed at reviewing the national labour legislation with a view to complying with Burundi’s international obligations, including under the present Convention. The Committee takes due note of this information and requests the Government to continue to provide information on the review process and to provide copies of any envisaged or adopted amendments concerning the payment of employment injury benefits to workers who are victims of industrial accidents as of the fifth day after the accident, as required by the Convention. Furthermore, the Committee requests the Government to indicate whether information is available on the manner in which employers effectively provide victims of employment injury with compensation until the 31st day following an industrial accident.

Recommendations of the Standards Review Mechanism. The Committee notes that, according to the recommendations made by the Tripartite Working Group of the Standards Review Mechanism, as approved by the ILO Governing Body, member States which have ratified the Convention are encouraged to ratify the Employment Injury Benefits Convention, 1964 [Schedule I amended in 1980] No. 121), and/or the Social Security (Minimum Standards) Convention, 1952 (No. 102), and accept the obligations in its Part VI, as the most up-to-date instruments in this subject area (GB.328/LILS/2/1). The Committee reminds the Government of the possibility of availing itself of ILO technical assistance in this respect.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes with regret that the Government’s report has not been received and expresses concern in this respect. It hopes that the next report will contain full information on the following matter.

Article 6 of the Convention. Waiting period. In reply to the Committee’s previous comments, the Government indicated that, during the first 30 days following an industrial accident, the cash benefits due to those suffering temporary incapacity are payable by the employers in order to encourage employers to promote the prevention of occupational hazards. However, in the event of a commuting accident, the benefits are paid by the social security authority from the second day. The Government adds that, in practice, employers continue to pay the full salary to employees who suffer temporary incapacity.

The Committee observes however, that Act No. 1/011 of 29 November 2002 reorganizing the pension and occupational hazard schemes in favour of workers covered by the Labour Code and those deemed to be of comparable status only provides that employment injury benefits are due as of the 31st day following the occupational accident of temporary incapacity (section 43), without explicitly providing that employers are to continue paying the wage to the victim during the initial 30 days of temporary incapacity. The Committee therefore requests the Government to indicate the legal provisions guaranteeing that compensation is paid to victims of occupational accidents as of the fifth day of incapacity at the latest, in conformity with Article 6 of the Convention.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous comments.

Repetition

Article 6 of the Convention. Waiting period. In reply to the Committee’s previous comments, the Government indicates that, during the first 30 days following an industrial accident, the cash benefits due to those suffering temporary incapacity are payable by the employers in order to encourage employers to promote the prevention of occupational hazards. On the other hand, in the event of a commuting accident, the benefits are paid by the social security authority from the second day. The Government adds that, in practice, employers continue to pay the full salary to employees who suffer temporary incapacity. The Committee observes that Article 6 of the Convention therefore appears to be observed in so far as no waiting period is imposed on those who suffer an industrial accident. The Committee would be grateful if the Government would provide, together with its next report, a copy of Act No. 1/011 of 29 November 2002 reorganizing the pension and occupational hazard schemes in favour of workers covered by the Labour Code and those deemed to be of comparable status, and indicate the provisions of this text ensuring the payment of cash benefits by employers during the first 30 days following an industrial accident.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Article 6 of the Convention. Waiting period. In reply to the Committee’s previous comments, the Government indicates that, during the first 30 days following an industrial accident, the cash benefits due to those suffering temporary incapacity are payable by the employers in order to encourage employers to promote the prevention of occupational hazards. On the other hand, in the event of a commuting accident, the benefits are paid by the social security authority from the second day. The Government adds that, in practice, employers continue to pay the full salary to employees who suffer temporary incapacity. The Committee observes that Article 6 of the Convention therefore appears to be observed in so far as no waiting period is imposed on those who suffer an industrial accident. The Committee would be grateful if the Government would provide, together with its next report, a copy of Act No. 1/011 of 29 November 2002 reorganizing the pension and occupational hazard schemes in favour of workers covered by the Labour Code and those deemed to be of comparable status, and indicate the provisions of this text ensuring the payment of cash benefits by employers during the first 30 days following an industrial accident.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Article 6 of the Convention. Waiting period. In reply to the Committee’s previous comments, the Government indicates that, during the first 30 days following an industrial accident, the cash benefits due to those suffering temporary incapacity are payable by the employers in order to encourage employers to promote the prevention of occupational hazards. On the other hand, in the event of a commuting accident, the benefits are paid by the social security authority from the second day. The Government adds that, in practice, employers continue to pay the full salary to employees who suffer temporary incapacity. The Committee observes that Article 6 of the Convention therefore appears to be observed in so far as no waiting period is imposed on those who suffer an industrial accident. The Committee would be grateful if the Government would provide, together with its next report, a copy of Act No. 1/011 of 29 November 2002 reorganizing the pension and occupational hazard schemes in favour of workers covered by the Labour Code and those deemed to be of comparable status, and indicate the provisions of this text ensuring the payment of cash benefits by employers during the first 30 days following an industrial accident.

Application of the Convention in practice. The Committee notes from the numerous documents, in particular legislative texts and statistics, provided by the Government relating to the management and operation of the occupational hazards branch, that considerable efforts are being made to improve its operation and to tackle the deficit and shortcomings relating in particular to the prevention of occupational hazards. It urges the Government to continue its efforts to that end and invites it to continue to keep it informed of any progress made in that regard.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 6 of the Convention. Waiting period. In reply to the Committee’s previous comments, the Government indicates that, during the first 30 days following an industrial accident, the cash benefits due to those suffering temporary incapacity are payable by the employers in order to encourage employers to promote the prevention of occupational hazards. On the other hand, in the event of a commuting accident, the benefits are paid by the social security authority from the second day. The Government adds that, in practice, employers continue to pay the full salary to employees who suffer temporary incapacity. The Committee observes that Article 6 of the Convention therefore appears to be observed in so far as no waiting period is imposed on those who suffer an industrial accident. The Committee would be grateful if the Government would provide, together with its next report, a copy of Act No. 1/011 of 29 November 2002 reorganizing the pension and occupational hazard schemes in favour of workers covered by the Labour Code and those deemed to be of comparable status, and indicate the provisions of this text ensuring the payment of cash benefits by employers during the first 30 days following an industrial accident.

Application of the Convention in practice. The Committee notes from the numerous documents, in particular legislative texts and statistics, provided by the Government relating to the management and operation of the occupational hazards branch, that considerable efforts are being made to improve its operation and to tackle the deficit and shortcomings relating in particular to the prevention of occupational hazards. It urges the Government to continue its efforts to that end and invites it to continue to keep it informed of any progress made in that regard.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the information provided by the Government in its latest report. It notes in particular the adoption of legislative texts in the field of social security, including Act No. 1/010 of 16 June 1999 reforming the general social security scheme.

The Committee notes that, according to the information provided by the Government and sections 54 of the Social Security Code and 31(1) of the above Legislative Decree, in the event of temporary incapacity for work, the victim of a work-related accident is entitled to a daily benefit as from the 31st day after the date of the accident or from the day following such date in the event of a commuting accident. In this respect, the Committee recalls that Article 6 of the Convention provides that, in case of incapacity, compensation shall be paid not later than as from the fifth day after the accident, whether it be payable by the employer, the accident insurance institution or the sickness insurance institution concerned. In these conditions, the Committee requests the Government to indicate in its next report the manner in which the victim is compensated during the 31 first days of incapacity for work and from whom this compensation is due. Please indicate the relevant provisions of the legislation in this respect.

Furthermore, the Committee would be grateful if the Government would provide a copy of Ministerial Ordinance No. 660/356/93 of 9 July 1993 issuing regulations respecting the provision of benefits under the general social security scheme, to which it refers in its report.