Observation (CEACR) - adoptée 2001, publiée 90ème session CIT (2002)

The Committee notes that the Government’s report contains no reply to previous comments. It must therefore repeat its previous observation which read as follows:

1. With reference to the Committee’s earlier comments, the Government indicates in its report that the Labour Laws Reviewing Committee of the Ministry of Labour has proposed a new draft of the Workmen’s Compensation Act of 1923, in force at present, so as to adapt it to current circumstances. A draft Act has thus been submitted to the Laws Scrutiny Central Body for views and comment. New measures would be taken once the draft Act is returned to the Ministry of Labour together with the comments in question. In addition, the Government indicates that the process of revision of labour legislation must be distinguished from the processes undertaken in 1962 and 1988 during the socialist era. While noting all this information, the Committee is obliged to remind the Government that since the entry into force of this Convention in Myanmar, that is for over 40 years, it has been drawing its attention to the need to bring the legislation (the Workmen’s Compensation Act, 1923, and the Social Security Act, 1954) into conformity with the provisions of the Convention. Under these circumstances, the Committee trusts that the draft Act on Workmen’s Compensation will be adopted very shortly so as to ensure full application of the Convention, and in particular:

(a)  in conformity with Article 5 of the Convention, that the compensation payable where permanent incapacity or death results from the injury, shall be paid to the victim or his dependants in the form of periodical payments; provided that it may be wholly or partially in a lump sum, if the competent authority is satisfied that it will be properly utilized;

(b)  in conformity with Article 10, that no maximum amount shall be imposed for the supply and normal renewal of such artificial limbs and surgical appliances as are recognized to be necessary;

(c)  in conformity with Article 11, that measures shall be taken for ensuring in all circumstances, in the event of the insolvency of the employer or insurer, the payment of compensation to workmen who suffer personal injury due to industrial accidents or, in case of death, to their dependants.

2. The Committee also notes the statistical information communicated by the Government on the amount of benefits provided and the number of employees protected under the provisions of the Workmen’s Compensation Act and the Social Security Act. It requests the Government to provide such information in relation to the total number of employees working in industrial and commercial undertakings.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.