Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

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

1. In reply to the Committee’s previous comments, the Government again indicates that the relevant labour laws have been examined and amended by the Labour Laws Reviewing Committee of the Ministry of Labour and are still under scrutiny by the Laws Scrutiny Central Body. The Government adds that the provisions of the 1923 Workmen’s Compensation Act will thus be brought into conformity with the Convention. The Committee takes note of this information and observes that no progress has been made. It recalls that it has been commenting on the application of the Convention since 1959, and that the Government has referred several times since 1967 to the review of the Workmen’s Compensation Act. In these circumstances, the Committee trusts that in its next report the Government will be able to inform it that an amended version of the above Act has been adopted and will ensure that:

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

(b)  In accordance with Article 10, no ceiling is imposed for the supply or renewal of artificial limbs and surgical appliances recognized to be necessary.

2. The Committee notes the information supplied by the Government concerning the application of Article 11 of the Convention. It would be grateful if the Government would indicate whether there have been any cases of injured persons or their dependants having been denied their entitlement to compensation due to the insolvency of an employer which has not taken out an insurance policy.

3. The Committee notes the statistics sent by the Government on the number of workers protected and the amount of compensation paid under the Workmen’s Compensation Act and the Social Security Act. It requests the Government to continue to provide such statistics in relation to the total number of employees working in industrial and commercial undertakings,in accordance with Part V of the report form.