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

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Previous comments: C. 017 observation; C. 019 observation; C. 042 direct request

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on workers’ compensation, the Committee considers it appropriate to examine Conventions Nos 17 (Workmen’s Compensation (Accidents)), 18 (Workmen’s Compensation (Occupational Diseases)), 19 (Equality of Treatment (Accident Compensation)), and 42 (Workmen’s Compensation (Occupational Diseases) (Revised)) together.

Article 2 of Convention No. 17. Scope of coverage.The Committee takes note of the information provided by the military authorities in their report that all insured persons covered by the Social Security Law, 2012, have the right to enjoy social security benefits, including employment injury compensation.The Committee notes, however, that section 12 of the Social Security Law, 2012, excludes several categories of workers from compulsory coverage under the Social Security System and related benefits, notably: domestic workers, and certain public employees, part-time and piece workers, and workers engaged in non-profit establishments on a full time basis and whose work does not have temporary or casual nature, as well as underaged workers and workers who have attained the age required to apply for superannuation benefits. On the other hand, the Committee observes that the Workmen’s Compensation Act, 1923, as amended in 2005, has a wider scope of coverage than the Social Security Law, which includes the above-mentioned categories of workers excluded from the Social Security Law. The military authorities also indicate that a new legislation on Employment Injury compensation is currently being drafted.

The Committee recalls that, in accordance with Article 2 of the Convention, the laws and regulations as to workers’ compensation for industrial accidents shall apply to workers, employees and apprentices employed by any enterprise, undertaking or establishment of whatsoever nature, whether public or private. It also recalls that the possible exclusions set out in Article 2(2) of the Convention are limitative and that the Convention does not allow excluding other categories of workers, such as those listed in section 12 of the Social Security Law, mentioned above, from coverage for industrial accident compensation. On this basis, the Committee urges the military authorities to specify the measures and legal provisions currently in place to ensure that the above-mentioned categories of workers excluded from coverage under the Social Security Law are duly compensated in case of industrial accident, and whether the provisions of the Workmen’s Compensation Act continue to apply for this purpose.

The Committee encourages the military authorities to take advantage of the new legislation on Employment Injury compensation which is being drafted to ensure that all workers victims of industrial accidents, or their dependants, are duly compensated on terms at least equal as those provided by Convention No. 17, and to provide information measures taken in this regard.

Article 5 of Convention No. 17. Periodical payments.The Committee notes that section 58 (a), (b), and (c) of the Social Security Law, 2012, provides that employment injury compensation can be paid either in the form of periodical instalments or as a lump sum, depending on the worker’s or his/her dependents’ preference, if the injury resulted in permanent incapacity or death. In addition, the Committee notes that section 58 imposes a ceiling of five years of payments for loss of capacity at a limit of 20 per cent, to be paid in a lump sum, and nine years for a loss of capacity between 20 and 100 per cent, which can also be paid in a lump sum if the beneficiary wishes so. The Committee recalls that Article 5 of the Convention authorizes the conversion of periodical cash benefits into a lump sum only when the competent authority is satisfied that it will be properly utilized. The Committee requests the military authorities to provide information on measures in place to guarantee that lump-sum payments are properly utilized. The Committee further requests the military authorities to provide statistics on the number of workers who have received employment injury compensation in the form of a lump sum and in periodical payments in the period under review.

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 military authorities that section 58 (d) of the Social Security Law, 2012, in case of permanent incapacity for work over 75 per cent, provides for the entitlement of injured workers to an allowance of 10 per cent of the benefit in addition to the monthly pension, equal to 75 per cent of their average wage.The Committee recalls, however, 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 workers must have the constant help of another person. The Committee therefore requests the military authorities 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 or envisaged to give full effect to Article 7 of Convention No. 17.

Article 8 of Convention No. 17. Supervision of the employment injury system and review of claims.The Committee observes, from the information available in the ILO Social Protection Platform, that the management of the Social Security Board has been improved, with the technical assistance of the ILO between 2018–19. This concerns, in particular, the monitoring and evaluation of the social security system and the Social Protection Management Information System, which have facilitated the process of supervision and revision of payments made to victims of employment injuries. The Committee also notes that section 5 of the Social Security Law, 2012, establishes the functions of the Social Security Board, which include “carrying out necessary management and supervision for enabling to implement the provisions contained in this Law.” The Committee requests the military authorities to indicate the specific measures taken or envisaged to ensure the proper supervision of the employment injury compensation system and the review of claims, as part of the functions of the Social Security Board.

Article 2 of Convention No. 18 and Article 2 of Convention No. 42. List of occupational diseases.The Committee notes the indication by the military authorities, that “The Social Security Law (2012) came into force on 1-4-2014, and that section 107 of its Rules provides that the Ministry of Labour shall, in coordination with the Ministry of Health and Sport, and with the approval of the Union Government, determine the list of occupational disease by regulation.” The Committee notes that the report sent by the military authorities was not accompanied by such a list. The Committee requests the military authorities to provide the list of occupational diseases and the relevant applicable legal provisions, particularly the regulations referred to in sections 5 and 107 of the Social Security Rules, 2014, and in the military authorities’ report.

Article 1(2) of Convention No. 19. Provision of work accident compensation abroad. As regards its previous request concerning the provision of workmen’s compensation abroad, in application of Article 1(2) of the Convention, the Committee observes that the legislation regulating these matters, namely the Social Security Law, 2012, and the Social Security Rules, 2014, do not specify the manner in which the provision of employment injury compensation to beneficiaries residing abroad is guaranteed. The Committee urges the military authorities to provide information on the measures taken and on the mechanisms in place to ensure the provision of compensation to victims of an employment injury that has occurred in Myanmar, or to their dependents, in case of death of the worker, who reside abroad. The Committee hopes that the military authorities will take the requirements of Article 1(2) in consideration when formulating the new employment injury benefits legislation with a view to ensuring the full application of Convention No. 19.

Article 4 of Convention No. 19.Situation of Myanmar migrant workers in other Member States. In its previous comments, the Committee noted that more than 2 million Myanmar migrant workers were irregularly employed in Thailand and did not have access to compensation in case of employment injury. The Committee notes the information provided by Myanmar, in its 2016 report, indicating that temporary work permits and ordinary passports were issued to Myanmar migrant workers in Thailand, and that a Memorandum of Understanding between Myanmar and Thailand on Labour Cooperation and the Agreement on the Employment of Workers had been concluded in 2016. The Committee further notes the information provided by the military authorities concerning the development of a cooperation agreement between Myanmar and Malaysia to ensure the social security coverage of Myanmar migrant workers working in Malaysia. The Committee welcomes these developments and requests the military authorities to continue providing information on the means taken to improve the employment injury coverage of its nationals abroad, in cooperation with other member States parties to the Convention. In addition, the Committee requests the military authorities to provide a copy of the agreement concluded with Malaysia, and of any other similar agreements concluded with other States parties to the Convention.

Application in practice of Conventions Nos 17, 18, 19 and 42. Inspection services and statistics. The Committee requests the military authorities to provide information (statistical and other data) in their next report so as to enable it to assess the manner in which national laws and regulations respecting employment injuries, both due accidents and diseases, are applied in practice, including the number and amounts of periodical payments for employment injury compensation made to foreign and nationals who are victims of employment injuries, and (ii) any agreement that has been concluded with other Member States which have ratified the Convention, providing copies of such agreements. The Committee also requests the military authorities to provide information on the number of labour inspection visits and violations detected and provide the extracts from the reports of the inspection service.

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 18 are in force should be encouraged to ratify the more recent Employment Injury Benefits Convention, 1964 [Schedule I amended in 1980] (No. 121), or the Social Security (Minimum Standards) Convention, 1952 (No. 102), accepting its Part VI (see GB.328/LILS/2/1). Conventions Nos 121 and 102 reflect the more modern approach to employment injury benefits. 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 or Convention No. 102 (Part VI) as the most up-to-date instruments in this subject area.

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

For many years, the Committee has been drawing the Government’s attention to the need to amend the national legislation in order to align it with the Convention. In this regard, the Committee notes with interest the adoption of the new Social Security Act adopted in August 2012. The Committee hopes that the implementing regulations of this Act will soon be adopted and that the current revision of the Workmen’s Compensation Act of 1923, will give full effect to Articles 5 (compensation in the form of periodical payments) and 10 (supply and renewal of such artificial limbs and surgical appliances as are recognized to be necessary for injured workers) of the Convention.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee recalls that, since 1967, it has been urging the Government to amend the national legislation in order to align it with the following provisions of the Convention:

Article 5 of the Convention. The Workmens’ Compensation Act of 1923 provides that in case of personal injury followed by death or permanent disability, compensation is paid in the form of a lump sum payment, whereas according to Article 5 of the Convention, it shall be in the form of periodical payments which may be wholly or partially converted into a lump sum, if the competent authority is satisfied that it will be properly utilized.

Article 10. Article 4(3) of the Workmens’ Compensation Act and Regulation No. 65 taken under the Social Security Act of 1954 impose a ceiling for the supply and normal renewal of necessary artificial limbs and surgical appliances to victims of occupational accidents in contradiction with the Convention, which does not authorize such limits to be set.

In reply, the Government states in its reports of 2007 and 2011 that the Workmens’ Compensation Act of 1923 and the Social Security Act of 1954 are being reviewed by the Law Scrutiny Central Body with a view to repealing the provisions which have become obsolete, and to adding the provisions which are in conformity with the Convention.

The Committee consequently requests the Government to submit copies of the draft amendments to these Acts elaborated by the Government and to explain in detail how their amended provisions would give full effect to Articles 5 and 10 of the Convention. The Committee wishes to remind the Government that its report of 2011 should have been prepared according to the report form on the Convention adopted by the Governing Body of the ILO, and hopes that the Government will not fail to supply a detailed report by 1 September 2013.

[The Government is asked to report in detail in 2013.]

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

For many years, the Committee has been drawing the Government’s attention to the need to amend the national legislation in order to align it with the Convention, and particularly with Article 5 and Article 10 concerning, respectively, the compensation due in the event of permanent disability or death, and the supply of necessary artificial limbs and surgical appliances. In its last report, as regards the application of Article 5 of the Convention, the Government refers to article 8(8) of the 1924 Workmen’s Compensation Act respecting the Commissioner’s authority to intervene in the administration of workmen’s compensation in the event of a parent’s negligence towards dependent children or for any other sufficient cause. According to this provision, the Commissioner may, if he sees fit, make orders to vary the distribution of any sum paid as compensation, according to the circumstances of the case.

The Committee recalls that, in the comments it has made time and again since the Convention entered into force for Myanmar, it has referred to article 4 of the Workmen’s Compensation Act which, according to information available to the Committee, provides that compensation payable in the case of injury followed by death or permanent disability is due in the form of a lump sum and that only compensation for injury followed by temporary disability may be paid in the form of periodical payments. Article 8, to which the Government refers, concerns only the administration of compensation due in the event of death to persons with no legal capacity. In these circumstances, the Committee is bound to remind the Government that Article 5 of the Convention establishes the principle that, in the event of permanent disability or death, compensation shall be paid in the form of periodical payments and may be paid in a lump sum only in exceptional cases where the competent authority is satisfied that it will be properly utilized. Consequently, while taking due note of the information in the Government’s report, the Committee requests the Government to take the necessary steps, as it said it would, to amend article 4 of the Workmen’s Compensation Act to bring it into line with Article 5 of the Convention.

The Committee also notes that, according to the Government, the cost of supplying and renewing artificial limbs and surgical appliances for injured workers is borne by the competent board. However, according to information available to the Committee, both the Workmen’s Compensation Act (article 4(3)) and the implementing regulations for the Social Security Act of 1954 (article 65(2)) continue to impose a ceiling for the supply and renewal of artificial limbs and surgical appliances for injured workers, contrary to the Convention, which allows no such ceilings. The Government is therefore asked to indicate in its next report whether it has amended the provisions of the above texts and, if not, to state what measures are under way to do so.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the information provided by the Government in its report, including the statistics on the cash benefits provided to injured workmen and their dependants in case of permanent disability or death. The Committee observes, however, that the Government does not supply information on the measures effectively taken in order to finalize the amendments necessary to bring the national laws and regulations into conformity with the Convention. It is therefore once again bound to note that no progress has been achieved in this respect in spite of the repeated commitments made by the Government since 1967 to amend the national legislation. The Committee recalls in this respect that section 4 of the Workmen’s Compensation Act of 1923 provides that in case of personal injury followed by death or permanent disability, compensation is due in the form of a lump sum payment, whereas according to Article 5 of the Convention, it shall always be paid in the form of periodical payments and shall only be paid, wholly or partially, in a lump sum, if the competent authority has been assured that it will be properly utilized.

The Committee further notes that the report supplied by the Government does not indicate the measures taken to ensure the conformity of national laws and regulations with Article 10 of the Convention. In this respect, both the Workmen’s Compensation Act and the regulations taken under the Social Security Act of 1954 continue to impose a ceiling for the supply and normal renewal of necessary artificial limbs and surgical appliances to victims of occupational accidents in contradiction with the Convention, which does not authorize such limits to be set.

The Committee consequently urges the Government to take, in the very near future, all the necessary measures to bring the national laws and regulations into conformity with the Convention.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the Government’s report, according to which it is examining bringing the national legislation into conformity with the Convention. The Committee is therefore bound to note that no progress has been achieved in this respect and that the Government has referred on several occasions since 1967 to the revision of the Workmen’s Compensation Act, without this however being carried out in practice. It is therefore bound to repeat its previous comments and strongly hopes that the Government will not fail to amend the above legislation so as to 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 utilized; and

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

[The Government is asked to report in detail in 2005.]

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

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.

Observation (CEACR) - adopted 2001, published 90th ILC session (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.

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

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 Government is asked to report in detail in 2001.]

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes that for the second consecutive year the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

1. In reply to the Committee's previous comments the Government indicates that the enactment of new labour laws, including the Workman's Compensation Act, should be made only after the adoption of the new state Constitution with a view to making them in line with the provisions contained therein. The Committee notes this information. In view of the fact that it has been commenting on the application of the Convention since 1959 and that the revision of the Workman's Compensation Act has been referred to several times by the Government since 1987, the Committee can only express once again the hope that the new Workman's Compensation Act will be adopted in the very near future so as to provide in particular: (a) in accordance with Article 5 of the Convention, that the compensation payable to the injured workman or his dependants, where permanent incapacity or death results from the injury, shall be paid 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 this will be properly utilized; (b) in conformity with Article 10, that no maximum amount shall be fixed 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 be taken to ensure in all circumstances the payment of compensation to victims of industrial accidents or their dependants in case of insolvency of the employer or insurer. 2. The Committee requests the Government to supply information on the number of protected employees under the Workman's Compensation Act and the social security legislation respectively in relation to the total number of employees who are working in industrial and commercial undertakings, as well as the amount of benefits provided under these two laws in case of industrial accidents.

END OF REPETITION

Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

1. In reply to the Committee's previous comments the Government indicates that the enactment of new labour laws, including the Workman's Compensation Act, should be made only after the adoption of the new state Constitution with a view to making them in line with the provisions contained therein. The Committee notes this information. In view of the fact that it has been commenting on the application of the Convention since 1959 and that the revision of the Workman's Compensation Act has been referred to several times by the Government since 1987, the Committee can only express once again the hope that the new Workman's Compensation Act will be adopted in the very near future so as to provide in particular: (a) in accordance with Article 5 of the Convention, that the compensation payable to the injured workman or his dependants, where permanent incapacity or death results from the injury, shall be paid 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 this will be properly utilized; (b) in conformity with Article 10, that no maximum amount shall be fixed 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 be taken to ensure in all circumstances the payment of compensation to victims of industrial accidents or their dependants in case of insolvency of the employer or insurer. 2. The Committee requests the Government to supply information on the number of protected employees under the Workman's Compensation Act and the social security legislation respectively in relation to the total number of employees who are working in industrial and commercial undertakings, as well as the amount of benefits provided under these two laws in case of industrial accidents.

END OF REPETITION

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

1. In reply to the Committee's previous comments the Government indicates that the enactment of new labour laws, including the Workman's Compensation Act, should be made only after the adoption of the new state Constitution with a view to making them in line with the provisions contained therein. The Committee notes this information. In view of the fact that it has been commenting on the application of the Convention since 1959 and that the revision of the Workman's Compensation Act has been referred to several times by the Government since 1987, the Committee can only express once again the hope that the new Workman's Compensation Act will be adopted in the very near future so as to provide in particular:

(a) in accordance with Article 5 of the Convention, that the compensation payable to the injured workman or his dependants, where permanent incapacity or death results from the injury, shall be paid 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 this will be properly utilized;

(b) in conformity with Article 10, that no maximum amount shall be fixed 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 be taken to ensure in all circumstances the payment of compensation to victims of industrial accidents or their dependants in case of insolvency of the employer or insurer.

2. The Committee requests the Government to supply information on the number of protected employees under the Workman's Compensation Act and the social security legislation respectively in relation to the total number of employees who are working in industrial and commercial undertakings, as well as the amount of benefits provided under these two laws in case of industrial accidents.

[The Government is asked to report in detail in 1996.]

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

With reference to its previous comments, the Committee notes that the new draft Law on Workmen's Compensation revising the Workmen's Compensation Act of 1923 is still under review by the Laws Scrutiny Central Body. It therefore once again expresses the hope that the new Law, to which the Government has been referring for many years, will be adopted shortly so as to provide, in particular:

(a) in accordance with Article 5 of the Convention, that the compensation payable to the injured workman or his dependants, where permanent incapacity or death results from the injury, shall be paid 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 this will be properly utilised;

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

The Committee requests the Government to indicate any progress achieved in this respect.

[The Government is asked to report in detail for the period ending 30 June 1994.]

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

With reference to its previous comments, the Government indicates that a newly redrafted version of the Workmen's Compensation Act has been submitted to the Laws Scrutiny Central Body for final review and that it is expected to be adopted in the near future in line with the suggestions made by the Committee. It therefore once again expresses the hope that the revised Act will be adopted shortly so as to provide, in particular:

(a) in accordance with Article 5 of the Convention, that the compensation payable to the injured workman or his dependants, where permanent incapacity or death results from the injury, shall be paid 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 this will be properly utilized;

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

The Committee requests the Government to indicate any progress achieved in this respect.

Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

With reference to its previous comments, the Committee regrets to note that no progress has been achieved in the revision of the Workmen's Compensation Act of 1923, to which the Government has been referring since 1967. In its report, the Government indicates that important changes have been made since September 1988 as regards the political, economic and social structure. It stresses in particular that Myanmar is in the process of establishing a multi-party democratic system in place of the existing single-party political structure. The socialist economy has recently been replaced by an open economic policy. Labour laws are once again in the process of being revised to bring them into conformity with the changes. The Government reconstituted the Labour Laws Reviewing Committee in July 1989. Consequently, the comments of the Committee of Experts will be taken into consideration throughout the revision process. The Committee notes this information. It trusts that the above modifications will be made as rapidly as possible so that the national legislation will provide: (a) in accordance with Article 5 of the Convention, that the compensation payable to the injured workman or his dependants, where permanent incapacity or death results from the injury, shall be paid 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 this will be properly utilised; (b) in conformity with Article 10, that no maximum amount shall be fixed for the supply and normal renewal of such artificial limbs and surgical appliances as are recognised to be necessary. The Committee requests the Government to indicate any progress achieved in this respect.

END OF REPETITION

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

Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

With reference to its previous comments, the Committee regrets to note that no progress has been achieved in the revision of the Workmen's Compensation Act of 1923, to which the Government has been referring since 1967.

In its report, the Government indicates that important changes have been made since September 1988 as regards the political, economic and social structure. It stresses in particular that Myanmar is in the process of establishing a multi-party democratic system in place of the existing single-party political structure. The socialist economy has recently been replaced by an open economic policy. Labour laws are once again in the process of being revised to bring them into conformity with the changes. The Government reconstituted the Labour Laws Reviewing Committee in July 1989. Consequently, the comments of the Committee of Experts will be taken into consideration throughout the revision process.

The Committee notes this information. It trusts that the above modifications will be made as rapidly as possible so that the national legislation will provide:

(a) in accordance with Article 5 of the Convention, that the compensation payable to the injured workman or his dependants, where permanent incapacity or death results from the injury, shall be paid 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 this will be properly utilised;

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

The Committee requests the Government to indicate any progress achieved in this respect. [The Government is asked to report in detail for the period ending 30 June 1991.]