Workmen's Compensation (Accidents) Convention, 1925 (No. 17) - Mozambique (Ratification: 1977)

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on social security, the Committee considers it appropriate to examine Conventions Nos 17 (workers’ compensation, accidents), and 18 (workers’ compensation, occupational diseases) together.

Articles 2 and 3(2) of Convention No. 17. Special schemes for the coverage of certain categories of workers. In its previous comments, the Committee requested the Government to indicate whether any of the special schemes foreseen in section 3 of the Act No. 23/2007 for the social security coverage of domestic workers, workers in the sports sector, artists, and workers in the rural sector, had been implemented.

(i) Coverage of domestic workers. The Committee notes the indications provided by the Government in its report in relation to the coverage of domestic workers and its reference to the Domestic Work Regulations (Decree no. 40/2008). It notes, in particular, that section 13 c) of the Regulations establishes an obligation for the employer to provide medical care in case of work accidents and occupational diseases to their domestic employees, and to grant compensation, while section 27(1) establishes that after 30 days, the guarantees in cases of temporary incapacity for work cease, without prejudice to the observance of the applicable provisions on social security. The Committee requests the Government to (i) indicate if domestic employees who suffer personal injury due to a work accident are afforded financial compensation and medical care in case of incapacity for work and need for such care lasting for more than 30 days; and (ii) provide information on the measures which guarantee the coverage and provision of compensation and medical care to domestic employees who are incapacitated for work or who require medical care for longer than 30 days.

(ii) Coverage of workers in the sports sector. The Committee takes note of the indication provided by the Government about the issuance of the Regulations on Sports Employment (Decree no. 48/2014 of 21 August 2014), pursuant to which employers in the sports sector have the obligation to register their employees with, and pay contributions to, the national social security system (section 14 (1)(e)). It further notes that they are included, together with artists, in the scope of application of the Regulations on Mandatory Social Security, when associated to a sports club or company (section 3(2)(i)). The Committee observes, however, that, pursuant to Decree No. 62/2013, approving the Regulations Establishing the Legal Regime Governing Industrial Accidents and Occupational Diseases, coverage for work injury compensation in Mozambique is not provided through social insurance, but through a system of employers’ liability, with an obligation for employers to insure their responsibility. The Committee requests the Government to specify whether the compensation of workers in the sports sector for personal injury due to a work accident is afforded by the social security system, or whether it is the employers’ responsibility, and to indicate the relevant provisions of the national legislation.

(iii) Coverage of artists and rural workers. Concerning artists and rural workers, the Committee notes that that Government indicates that relevant regulations have not been created and that efforts will be made in this regard. The Committee invites the Government to keep it informed of any development in this regard and, in particular, on any measure taken or envisaged for the implementation of section 3 of Act No. 23/2007, which provides for the establishment of special schemes for artists and rural workers in cases of work accidents.

Article 7 of Convention No. 17. Additional compensation for the constant help of another person. The Committee takes note of the complementary information provided by the Government regarding the additional compensation to which victims of work injuries may be entitled for the constant help of another person, as set out in Decree No. 62/2013.

Article 11 of Convention No. 17. Guarantees in the event of insolvency of the employer or insurer. In its previous comments, the Committee noted that the system established by Decree No. 62/2013 provided for the transfer of employer’s responsibility for employment injury coverage to accredited insurance companies, and requested the Government to indicate the measures guaranteeing that compensation continued to be granted in cases where the insurance company and/or the employer became insolvent. The Committee notes the Government’s reply indicating that the Regulations provided through the above-mentioned Decree do not specify who is responsible in these cases. Recalling that Article 11 of the Convention requires that national laws or regulations must make provision to ensure in all circumstances, in the event of the insolvency of the employer or insurer, the payment of compensation to the injured person, or, in case of death, to his/her dependants, the Committee requests the Government to take the necessary measures to give full effect to Article 11 of the Convention.

Article 2 of Convention No. 18. Schedule of occupational diseases. In its previous comments, the Committee noted that Decree No. 62/2013 was in line with sections 269 and 233(5) of the Labour Code, and requested the Government to specify when regulations would be adopted so as to give effect to sections 224(2) and 269 of Act No. 23/2007 and section 20(4) of Decree No. 62/2013, operationalize the schedule of occupational diseases laid down by the Labour Code, and specify the industries and processes in which the origin of the disease is presumed to be occupational in nature, as required by Article 2 of the Convention. The Committee notes the Government’s reply indicating that, as a result of the current review of the Labour Act, it is not possible to envisage when the expected regulations will be issued, and that a feasibility study will be carried out in this regard. The Committee requests the Government to indicate if, in the absence of the specific regulations concerning industries and occupations likely to provoke occupational illnesses as provided by sections 224(4) and 269 of the Labour Act and section 20(4) of Decree No. 62/2013, in conformity with the Schedule appended to Article 2 Convention No. 18, currently all diseases and poisonings produced by the substances listed in section 224(2) of Act No. 23/2007 and in section 20(2) of Decree No. 62/2013 are considered as occupational diseases, irrespective of the trade or industry in which workers are engaged, and to continue providing information on regulations issued in this regard.

Application of the Conventions in practice. With reference to its previous comments concerning the application of Convention No. 18 in practice, the Committee once again requests to the Government to provide information on the number of occupational diseases reported; the details of the industrial processes that cause the occupational diseases; the number of workers employed in such industries; and the amounts of the benefits in cash and in kind that have been provided following an occupational disease. As regards the application of Convention No. 17 in practice, the Committee requests the Government to submit the information requested in the report form in this regard, providing a general appreciation of the manner in which the Convention is applied, including for instance reports of the inspection services and statistical information, in so far as it is available.

Conclusions and recommendations of the Standards Review Mechanism. With respect to its previous comment, the Committee notes the Government’s indication that it welcomes the reference of the Committee concerning the recommendations of the Standards Review Mechanism (SRM) Tripartite Working Group, based on which 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), and accept the obligations in its Part VI (see GB.328/LILS/2/1). In this regard, the Committee notes the Government’s indication that efforts will be made to realize a feasibility study concerning the possibilities of ratification. The Committee reminds the Government of the possibility to avail itself of the technical assistance of the Office in this regard, and once again 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 Conventions Nos 121 or 102 (Part VI) as the most up-to-date instruments in the area of employment injuries and occupational diseases.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Article 2 of the Convention. Special schemes covering certain categories of workers. Referring to its previous request for information concerning the implementation of section 3 of Act 23/2007 which provides that domestic workers, workers with contracts related to sports, artists and workers in the rural sector are to be progressively covered by special schemes and taking into account the administrative capacity of the National Social Security Institute (INSS), the Committee requests the Government to indicate in its next report whether any such schemes were put in place.

Article 7. Payment of additional compensation for the constant help of another person. The Committee notes the adoption of Decree No. 62/2013 regulating employment injury benefits, section 19(3)(f) of which specifies that in case of accidents resulting from employment, the beneficiary is entitled to an additional compensation. Given the absence of any further indication as to the amount of the additional compensation in Decree No. 62/2013 and considering that the latter abrogated the Legislative Decree No. 1706 of 1957, which specified that in such cases compensation shall be increased up to 80 per cent of the remuneration, the Committee requests the Government to indicate what is the level of the additional compensation foreseen in such cases and to specify the relevant regulatory provisions.

Article 11. Guarantees in the event of insolvency of the employer or insurer. The Committee notes with interest section 7 of the new Decree No. 62/2013 which requires employers to transfer the responsibility of employment injury coverage to accredited insurance companies. It further provides at its section 60 that when the insurance is insufficient to cover the cost of employment injury benefits, the employer is responsible to make up the difference. The Committee requests the Government to specify what measures are in place to ensure that employment injury benefit continues to be granted in cases where the insurance company and/or the employer becomes insolvent.

Conclusions and recommendations of the Standards Review Mechanism. The Committee notes that, at its 328th Session in October 2016, the Governing Body of the ILO adopted the conclusions and recommendations formulated by the Standards Review Mechanism Tripartite Working Group (SRM TWG), recalling that Conventions Nos 17 and 18 to which Mozambique is party are outdated and charging the Office with follow-up work aimed at encouraging States party only to these Conventions 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, inter alia, its Part VI, as these represent the most up-to-date instruments in this subject area. The Committee reminds the Government of the availability of ILO technical assistance in this regard.

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

The Committee notes the Government’s report of 2011 and its reply to the direct request of 2007.

Article 2 of the Convention. Exclusion of certain economic sectors from the scope of the Labour Act. The Committee notes that Labour Act No. 8/98 has been repealed and replaced by Act 23/2007. Section 2 of this Act makes it applicable to all economic sectors, while section 3 provides for special regimes for certain types of work. In this respect, the Government informs that special regulations concerning domestic work, contracts related to sports and private security have already been passed, and that special regulations regarding out-work, port, maritime and rural sectors are being developed. The Committee would be grateful if the Government would indicate whether any of these special regulations establish provisions regarding compensation in cases of industrial accidents different from Act 23/2007.

Protection of apprentices against industrial accidents. The Committee notes that in its previous 2006 report, the Government had stated that apprentices were not covered against the risk of industrial accidents. However, in its latest report the Government indicates that apprentices who suffer injury due to an industrial accidents shall be compensated according to Article 53 of the Legislative Decree No. 1706 of 19 October 1957. It also states that this legislative instrument is being reviewed because it is now out dated. The Committee asks the Government to furnish a copy of said Legislative Decree, once the amendment procedure has been finalized.

Article 11. Guarantees in the event of insolvency of the employer or insurer. The Committee notes, from the labour inspectorate’s report for 2005, that the failure by employers to fulfil their obligation to take out collective insurance for their workers against industrial accidents and occupational diseases constitutes, by far, the second most widely reported violation in the country. It therefore once again requests the Government to state what measures were taken to ensure that better effect is given to Section 231 of Act 23/2007 (section 160 of the repealed Labour Act under which employers must take out collective insurance for all their workers to provide cover against industrial accidents and occupational diseases, with section 232 providing for supplementary insurance for workers carrying out high-risk work). The Government is also requested to indicate how the rights of workers who suffer personal injury due to an industrial accident are insured in case their employers have failed in their obligation to take out the above collective insurance, in the event of the insolvency of the employer or the insurer.

Article 7. Payment of additional compensation for the constant help of another person. In its previous report, the Government had stated that there was no text determining the amount of the additional compensation payable under Section 233(2) of Act 23/2007 (section 162(2) of the repealed Labour Act) to injured workers in need of the constant help of another person. The Committee notes, however, that paragraph 1 of section 39 of the Legislative Decree No. 1706 provides that in such cases compensation shall be increased up to 80 per cent of the remuneration upon which compensation is established. The Committee asks the Government to confirm that this provision is applied in practice.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

With reference to its previous comments, the Committee notes the information provided by the Government in its reports, as well as the statistics provided on the number and nature of industrial accidents that occurred during the period covered by the report. It wishes to draw the Government’s attention to the following points.

Article 2 of the Convention. Exclusion of certain economic sectors from the scope of the Labour Act. The Committee notes the Government’s statement that Labour Act No. 8/98 is applicable to all economic sectors. It would be grateful if the Government would keep it informed of the adoption, where appropriate, of any text issued under section 3 of the Labour Act that provides for a special scheme covering certain workers or economic sectors.

Protection of apprentices against industrial accidents. The Government states that, in so far as it does not lay down that apprentices are to be covered against the risk of industrial accidents, the Labour Act is not in complete conformity with the Convention. However, it states that it intends to examine, in collaboration with the social partners, how effect could be given to this provision of the Convention, which does not provide for the possibility of excluding apprentices from protection against the risk of industrial accidents. The Committee notes this statement and hopes that, in its next report, the Government will be in a position to report the measures taken in practice, by means of a circular or regulations, to extend to apprentices the protection against industrial accidents to which they are entitled under the Convention.

Article 5. Periodical payments payable where permanent incapacity or death results from the injury. In its previous comments, the Committee requested the Government to provide the text establishing the legal framework for pensions and compensation payable in the event of an industrial accident, adopted under section 162 of the Labour Act which governs issues of compensation where permanent incapacity, total or partial, or death results from the employment injury. In its latest report, the Government refers in this regard to Legislative Decree No. 1706, of 19 October 1957, establishing the legal framework for industrial accidents and occupational diseases, and states that a copy of this text appears as an annex to its report. The Committee notes this information. However, as the copy of the text mentioned by the Government has not been received by the Office, and the Committee only has at its disposal an old version of that text, it would be grateful if the Government would provide, with its next report, a consolidated copy of Legislative Decree No. 1706, including, where appropriate, any amendments which may have been made since its adoption. Please also provide information on the way in which effect is given to Article 5 of the Convention and reply to the questions in Part V of the report form.

The Committee also notes that the labour inspectorate’s report for 2005 shows that the failure by employers to fulfil their obligation to take out collective insurance for their workers against industrial accidents and occupational diseases constitutes, by far, the second most widely reported violation in the country. It therefore requests the Government to state, in its next report, the measures taken to ensure that better effect is given to section 160 of the Labour Act. The Government is also requested to indicate the rights of workers who suffer personal injury due to an industrial accident whose employers have failed in their obligation to take out the above collective insurance.

Article 7. Payment of additional compensation to persons injured in such a way that they must have the constant help of another person. The Committee notes the Government’s statement that there is no text determining the amount of the additional compensation payable under section 162(2) of the Labour Act to workers where their injury is such that they must have the constant help of another person. It hopes, in these circumstances, that the Government will take the necessary measures to give effect to this right, guaranteed by the Labour Act, and that it will be in a position to inform it in its next report of the progress made in this regard.

Article 9. Medical, surgical and pharmaceutical aid. The Committee notes the Government’s statement that section 156 of the Labour Act guarantees workers medical aid, including surgical aid, in case of industrial accidents. It would be grateful if the Government would state the nature and duration of this aid and the institution from which such aid is due.

Article 11. Guarantees in the event of insolvency of the employer or insurer. Under section 160 of the Labour Act, employers must take out collective insurance for all their workers to provide cover against industrial accidents and occupational diseases, with section 161 providing for supplementary insurance for workers carrying out high-risk work. In reply to the question of whether, and if so under which provisions, the payment of compensation to injured workers or their dependants is guaranteed in the event of the insolvency of the insurers, the Government states that it is the responsibility of the competent authorities to determine the legal situation of beneficiaries in the event of the insolvency of the insurer. The Committee therefore requests the Government to keep it informed of any measure taken to give effect to this provision of the Convention, which is intended to guarantee payment of the compensation due to injured workers in the event of the insolvency of the insurer.

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

The Committee notes the information provided by the Government in its report. It also notes the adoption of Act No. 8/98 of 20 July 1998 of the Labour Code and section III of Chapter IV of the Act governing compensation for industrial accidents and occupational illnesses. In this regard, the Committee wishes to draw the Government's attention to the following points:

Article 2 of the Convention. (a) The Committee notes that section 3 of the abovementioned Act regulates employment in certain sectors of activities and the terms of employment which have been adapted to the particular nature and characteristics of these sectors. In these circumstances, the Committee requests the Government to kindly indicate in its next report whether certain sectors are outside the scope of section 3 of the abovementioned Act respecting compensation for industrial accidents and, if so, to specify the sectors concerned.

(b) Moreover, the Committee would be grateful if the Government would specify whether, and under which provisions, apprentices are entitled to compensation for industrial accidents.

Article 5. The Committee notes with interest that section 162 of the Labour Code envisages compensation in the form of a pension in the event of an industrial accident which results in permanent partial or temporary incapacity or death. Section 162(4) lays down that the legal regime governing pensions and compensation payable in the case of an industrial accident are governed by a specific regulation. In this regard, the Committee would be grateful if the Government would indicate in its next report whether this regulation has been adopted and, if so, to transmit a copy of the text.

Article 7. The Committee notes that under the terms of section 162(2) of the Labour Code injured workmen who require the constant help of another person are entitled to additional compensation. The Committee requests the Government to specify, in accordance with the report form, the conditions which govern the payment of additional compensation and the amount of additional compensation payable under section 162(2) of the Code.

Article 9. Section 156(1) and (2) of the Code lays down that the employer or the accident insurance institutions shall be liable for medical aid, medication, and other treatments required by injured workmen in the event of an industrial accident. The Committee would be grateful if the Government would provide more detailed information on the nature of the medical aid referred to and, in particular, whether hospitalization or surgery is included, as envisaged under Article 9 of the Convention.

Article 11. The Committee notes that under section 160 of the Labour Code, employers must subscribe all workers to a collective insurance covering industrial injury and occupational diseases and that section 161 of the abovementioned Act provides workers participating in high-risk activities with additional insurance cover. The Committee requests the Government to kindly specify whether, and under which provisions, compensation is payable to injured workmen or their beneficiaries in the event of the insolvency of the insurer. Please also communicate, where appropriate, copies of insurance contracts which have been concluded by employers.

Part V of the report form. The Committee would be grateful if the Government would provide information on the practical application of the Convention, as required under Part V of the report form.

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

The Committee notes the adoption of Labour Act No. 8/98 of 20 July 1998. The Committee refers to its previous comments and notes with satisfaction that, in accordance with Article 7 of the Convention, section 162(2) of the new Act guarantees an additional benefit to workmen injured in such a way as to require the constant help of another person.

Moreover, a request regarding certain points is being addressed directly to the Government.

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

1. The Committee has noted the information provided by the Government in its report according to which the National Social Security Institute does not yet cover the "industrial accidents" branch. It would therefore seem that compensation for such accidents is still regulated by Chapters XII and XIII of the Labour Code (Act No. 8 of 14 December 1985). The Committee wishes to draw the Government's attention to this fact and to receive additional information on the following points.

Article 2 of the Convention. The Committee notes that under section 2 of the Labour Code, special regulations will determine the methods for applying the law to certain activity sectors. Please indicate whether these regulations have been adopted in relation to compensation for industrial accidents and, if so, for which activity sectors.

Furthermore, the Committee would be grateful if the Government would specify whether, and under which provisions, compensation for industrial accidents is guaranteed for apprentices.

Article 5. The Committee notes that section 150 of the Labour Code provides for compensation for an injured worker or his dependants by an employer without specifying either the amount or type (periodical payments or lump sum) of this compensation. The Committee recalls that Article 5 of the Convention stipulates 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 it will be properly utilized. The Committee requests the Government to provide more detailed information on the methods for payment of the compensation due in the case of an industrial accident. Please also indicate the provisions applicable to the amount of such compensation.

Article 6. Please specify the period for which compensation is paid in the case of temporary incapacity, pursuant to section 150 of the Labour Code, together with the relevant legal provisions.

Article 7. The Committee would be grateful if the Government would indicate whether, and under which provisions, additional compensation is provided for workmen suffering injuries of such a nature that they must have the constant help of another person, as set out in this Article of the Convention.

Article 9. Under section 145, paragraph 2, and section 148, paragraph 2, of the Labour Code, medical aid is guaranteed for injured workmen who are entitled to the necessary medication and treatment. The Committee would be grateful if the Government would provide more detailed information on the nature of this aid, by specifying in particular whether it includes the surgical aid referred to in this Article of the Convention, and also hospitalization.

Article 11. The Committee notes that under section 153 of the Labour Code, employers must take out a group insurance for all their workers covering occupational accidents and diseases. The Committee requests the Government to specify whether provisions exist for ensuring in all circumstances the payment of compensation to workmen who suffer personal injury, by guaranteeing against the possible insolvency of insurers. Please also provide copies of the most common insurance contracts.

2. In addition, the Committee would be grateful if the Government would provide, as requested in point V of the report form, information on the practical application of the Convention.