Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

China - Macau Special Administrative Region

Workmen's Compensation (Accidents) Convention, 1925 (No. 17) (Ratification: 1999)
Workmen's Compensation (Occupational Diseases) Convention, 1925 (No. 18) (Ratification: 1999)
Equality of Treatment (Accident Compensation) Convention, 1925 (No. 19) (Ratification: 1999)

Previous comments

Previous comments

In order to provide an overview of issues relating to the application of ratified social security Conventions, the Committee considers it appropriate to examine Conventions Nos 17, 18, and 19 together.

Article 5 of Convention No. 17. Compensation in the form of periodical payments in the event of permanent incapacity. The Committee takes note of the information provided by the Government in reply to its previous comments that, the Judiciary, as competent authority, establishes compensation in the cases of permanent incapacity or death due to work-related injuries only in the form of lump sum. The Committee also takes note of the Government’s information that it will continuously seek to improve the pertinent regulations and keep the Committee informed in this regard. The Committee wishes to remind the Government that the compensation of victims of occupational injuries who suffer permanent disability or of their dependents should aim at protecting them throughout the contingency period, which is best achieved through periodic payments regularly adjusted to accommodate substantial changes in the cost of living, such as to maintain the value of benefits throughout the payment period. In view of the above, and observing the absence of sufficient guarantees for the competent authority to be satisfied that the lump sum be properly utilized, the Committee requests the Government to make the necessary amendments to the national regulation(s) as to ensure that: (i) compensation paid to injured workers and their survivors is provided preferably in periodical payments; and (ii) in cases in which it is provided in the form of a lump sum, criteria is established so that the competent authority is satisfied that it will be properly utilized, to ensure full conformity with this provision of the Convention.

Article 6 of Convention No. 17. Waiting period. The Committee notes that, in response to its previous request, the Government confirms that, as per paragraph 2 of section 52 of Decree-Law No. 40/95/M, amended by Law No. 6/2015, from the day the responsible party for the payment receives the attestation of temporary incapacity for work, it must pay compensation to the injured worker every 15 days during the contingency. The Committee observes that, in practice, the injured worker will be paid compensation as from the fifteenth day after the receipt of the documentation that substantiates the incapacity to work. In light of the above and observing that the first payment is guaranteed later than the fifth day of the attested incapacity, the Committee requests the Government to make the necessary amendments to bring national regulation(s) into conformity with Article 6 of the Convention, so as to ensure that payments related to compensation concerning work-related accidents are guaranteed as of the fifth day from the beginning of the incapacity for work.

Article 7 of Convention No. 17. Additional compensation for the constant help of another person. The Committee takes note of the information provided by the Government in reply to its previous comments that, under section 14 of the Decree-Law No. 40/95/M, if the worker, who is temporarily incapacitated due to a work-related injury, requires constant help from another person, the accompanying person can receive a transportation allowance. The Committee also takes note of the Government’s indication that it will continue to review the compensation mechanism for occupational accidents and diseases to improve the support provided to injured workers. While taking note of that, the Committee recalls that Article 7 of the Convention requires the payment of additional compensation in all cases where the injury results in incapacity of such a nature that the injured worker must have the constant help of another person. The Committee therefore requests the Government to ensure that all injured workers, including those with partial permanent or temporary incapacity, are provided with additional compensation when the constant help of another person is required and to provide information on the measures taken to this effect.

The Committee reminds the Government of the possibility to avail itself of ILO technical assistance in this regard.