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

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

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.