Equality of Treatment (Accident Compensation) Convention, 1925 (No. 19) - Dominica (Ratification: 1983)

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

The Committee notes with deep concern that the Government’s reports on Convention No. 12, due since 2014, and on Convention No. 19, due since 2012, have not been received. In light of its urgent appeal launched to the Government in 2019, the Committee proceeds with the examination of the application of Conventions Nos 12 and 19 on the basis of the information at its disposal.

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 12 (agriculture) and 19 (equality of treatment) together.

Article 1 of Convention No. 19. Equality of treatment. In its previous comments, the Committee noted the Government’s indication that all employed persons, irrespective of their nationality, receive equal treatment in respect of employment injury benefits provided by the Social Security Act of 1975 (Chapter 31:01). The Committee noted however, that by virtue of section 51 of the Social Security Act, the Government may modify or adapt the provisions of the Act to give effect to international agreements providing for reciprocity in matters of social security. In this regard, the Committee recalls that, in accordance with Article 1 of the Convention, workers from countries party to Convention No. 19, as well as their dependants, need to be granted the same treatment as nationals in respect of occupational accidents, irrespective of the existence of reciprocity agreements to this effect with their country of origin. The Committee therefore requests the Government to confirm that the Social Security Act of 1975 is applied in such a way so as to ensure equality of treatment in respect of employment injury benefits for workers from countries party to Convention No. 19, as well as their dependants with a view to giving full effect to Article 1 of the Convention. The Committee further requests the Government to indicate whether the provisions of the Social Security Act of 1975 by virtue of its section 51 have been modified or adapted pursuant to international agreements providing for reciprocity in matters of employment injury benefits.

Article 1(2) of Convention No. 19. Payment of benefits abroad. In its previous comments, the Committee requested the Government to provide information on the application of the provisions of the Social Security Act of 1975 in cases where victims of industrial accidents or their dependents reside outside Dominica. The Committee observes that Dominica is a party to the Caribbean Community (CARICOM) Agreement on Social Security of 1996, which provides for the maintenance of acquired social security rights, including in respect of employment injury benefits, and of rights in the course of acquisition for the nationals of its Contracting Parties when they change the place of residence. The Committee recalls that according to Article 1(2) of the Convention, in the application of the principle of equality of treatment the payment of worker's compensation outside the Member's territory shall be regulated, if necessary, by special arrangements between the countries parties to Convention No. 19. The Committee therefore requests the Government to provide information on any special arrangements on the payment of employment injury benefits abroad which may have been made with other Member states, not party to the (CARICOM) Agreement on Social Security. In case of the absence of such special arrangements, the Committee requests the Government to indicate whether employment injury benefits may be paid to persons having suffered industrial accidents or their dependants who reside in the Member states party to Convention No. 19: (a) in the case of Dominican nationals; and (b) in the case of foreign workers.

Application of Conventions Nos 12 and 19 in practice. (i) Number of workers covered and number of benefits awarded out of total number of employment injuries. In relation to its previous comments concerning the application of Conventions Nos 12 and 19 in practice, the Committee observes from the 2017 Annual report of the Dominica Social Security (DSS) Fund that 245 foreign workers, originating mainly from Haiti, Colombia, the Dominican Republic, Cuba, Antigua and Barbuda, and Saint Lucia, were registered within the DSS in 2017. The Committee also observes from the 2017 Annual report of the DSS that in 2017, there were 2 cases of employment injury benefits awarded in the sectors of agriculture, hunting and forestry, whereas the total number of employment injury benefit awards was 113 across all types of economic activities. The Committee requests the Government to provide statistical data on the total number of workers employed in agriculture and the number of occupational accidents reported and compensated in agriculture. The Committee also requests the Government to provide statistical data on the number and nature of the accidents reported and compensated in the case of foreign workers, across all sectors of economic activity, as well as the total number of foreign workers in Dominica, their nationality and occupational distribution.

(ii) Inspection services. Concerning the organization and functioning of inspection services as regards industrial accidents, the Committee observes from the information available on the website of the DSS that by virtue of section 12 of the Social Security Act of 1975, social security inspectors may visit any place where persons are employed, and conduct appropriate investigations. The Committee requests the Government to provide information on the number of inspection visits and violations detected by social security inspectors, and to supply the extracts from the reports of the inspection service, if available. The Committee also refers the Government to its comments under the Labour Inspection Convention, 1947 (No. 81), with respect to the number and conditions of service of labour inspection staff, frequency of labour inspection visits as well as data collection and reporting.

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2021, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Article 1(1) and (2) of the Convention. Equal treatment. In reply to the Committee’s previous comments the Government states that, while there has been no change to national legislation regarding Convention No. 19, the Social Security Department confirmed that all employed persons, irrespective of their nationality, receive equal treatment in respect of occupational accidents benefits. Please indicate whether use was made of the powers conferred on the Minister by section 51 of the Social Security Act (Chapter 31:01), to modify or adopt the provisions of this Act in cases affected by agreements providing for reciprocity in matters of social security.

Parts III and V of the report form. Application of the Convention in practice. The Committee notes that the Government has not communicated the information requested by the report form related to the application of the Convention in practice, including: (i) information on the organization and working of inspection services as regards industrial accidents; (ii) information on how the provisions of the Social Security Act (Chapter 31:01) is applied in cases where victims of industrial accidents or their dependents reside outside Dominica; (iii) general appreciation of the manner in which the Convention is applied based on relevant extracts from the reports of inspection services, information on the (approximate) number of foreign workers in Dominica, their nationality, their occupational distribution, the number and nature of the accidents reported in the case of foreign workers, etc. The Committee therefore invites the Government to supply such information with its next report.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2020, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Article 1(1) and (2) of the Convention. Equal treatment. In reply to the Committee’s previous comments the Government states that, while there has been no change to national legislation regarding Convention No. 19, the Social Security Department confirmed that all employed persons, irrespective of their nationality, receive equal treatment in respect of occupational accidents benefits. Please indicate whether use was made of the powers conferred on the Minister by section 51 of the Social Security Act (Chapter 31:01), to modify or adopt the provisions of this Act in cases affected by agreements providing for reciprocity in matters of social security.

Parts III and V of the report form. Application of the Convention in practice. The Committee notes that the Government has not communicated the information requested by the report form related to the application of the Convention in practice, including: (i) information on the organization and working of inspection services as regards industrial accidents; (ii) information on how the provisions of the Social Security Act (Chapter 31:01) is applied in cases where victims of industrial accidents or their dependents reside outside Dominica; (iii) general appreciation of the manner in which the Convention is applied based on relevant extracts from the reports of inspection services, information on the (approximate) number of foreign workers in Dominica, their nationality, their occupational distribution, the number and nature of the accidents reported in the case of foreign workers, etc. The Committee therefore invites the Government to supply such information with its next report.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments initially made in 2011.

Repetition

Article 1(1) and (2) of the Convention. Equal treatment. In reply to the Committee’s previous comments the Government states that, while there has been no change to national legislation regarding Convention No. 19, the Social Security Department confirmed that all employed persons, irrespective of their nationality, receive equal treatment in respect of occupational accidents benefits. Please indicate whether use was made of the powers conferred on the Minister by section 51 of the Social Security Act (Chapter 31:01), to modify or adopt the provisions of this Act in cases affected by agreements providing for reciprocity in matters of social security.

Parts III and V of the report form. Application of the Convention in practice. The Committee notes that the Government has not communicated the information requested by the report form related to the application of the Convention in practice, including: (i) information on the organization and working of inspection services as regards industrial accidents; (ii) information on how the provisions of the Social Security Act (Chapter 31:01) is applied in cases where victims of industrial accidents or their dependants reside outside Dominica; (iii) general appreciation of the manner in which the Convention is applied based on relevant extracts from the reports of inspection services, information on the (approximate) number of foreign workers in Dominica, their nationality, their occupational distribution, the number and nature of the accidents reported in the case of foreign workers, etc. The Committee therefore invites the Government to supply such information with its next report.

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

The Committee notes with concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 1(1) and (2) of the Convention. Equal treatment. In reply to the Committee’s previous comments the Government states that, while there has been no change to national legislation regarding Convention No. 19, the Social Security Department confirmed that all employed persons, irrespective of their nationality, receive equal treatment in respect of occupational accidents benefits. Please indicate whether use was made of the powers conferred on the Minister by section 51 of the Social Security Act (Chapter 31:01), to modify or adopt the provisions of this Act in cases affected by agreements providing for reciprocity in matters of social security.

Parts III and V of the report form. Application of the Convention in practice. The Committee notes that the Government has not communicated the information requested by the report form related to the application of the Convention in practice, including: (i) information on the organization and working of inspection services as regards industrial accidents; (ii) information on how the provisions of the Social Security Act (Chapter 31:01) is applied in cases where victims of industrial accidents or their dependants reside outside Dominica; (iii) general appreciation of the manner in which the Convention is applied based on relevant extracts from the reports of inspection services, information on the (approximate) number of foreign workers in Dominica, their nationality, their occupational distribution, the number and nature of the accidents reported in the case of foreign workers, etc. The Committee therefore invites the Government to supply such information with its next report.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes with regret that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 1(1) and (2) of the Convention. Equal treatment. In reply to the Committee’s previous comments the Government states that, while there has been no change to national legislation regarding Convention No. 19, the Social Security Department confirmed that all employed persons, irrespective of their nationality, receive equal treatment in respect of occupational accidents benefits. Please indicate whether use was made of the powers conferred on the Minister by section 51 of the Social Security Act (Chapter 31:01), to modify or adopt the provisions of this Act in cases affected by agreements providing for reciprocity in matters of social security.

Parts III and V of the report form. Application of the Convention in practice. The Committee notes that the Government has not communicated the information requested by the report form related to the application of the Convention in practice, including: (i) information on the organization and working of inspection services as regards industrial accidents; (ii) information on how the provisions of the Social Security Act (Chapter 31:01) is applied in cases where victims of industrial accidents or their dependants reside outside Dominica; (iii) general appreciation of the manner in which the Convention is applied based on relevant extracts from the reports of inspection services, information on the (approximate) number of foreign workers in Dominica, their nationality, their occupational distribution, the number and nature of the accidents reported in the case of foreign workers, etc. The Committee therefore invites the Government to supply such information with its next report.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous comments.

Repetition

Article 1(1) and (2) of the Convention. Equal treatment. In reply to the Committee’s previous comments the Government states that, while there has been no change to national legislation regarding Convention No. 19, the Social Security Department confirmed that all employed persons, irrespective of their nationality, receive equal treatment in respect of occupational accidents benefits. Please indicate whether use was made of the powers conferred on the Minister by section 51 of the Social Security Act (Chapter 31:01), to modify or adopt the provisions of this Act in cases affected by agreements providing for reciprocity in matters of social security.

Parts III and V of the report form. Application of the Convention in practice. The Committee notes that the Government has not communicated the information requested by the report form related to the application of the Convention in practice, including: (i) information on the organization and working of inspection services as regards industrial accidents; (ii) information on how the provisions of the Social Security Act (Chapter 31:01) is applied in cases where victims of industrial accidents or their dependants reside outside Dominica; (iii) general appreciation of the manner in which the Convention is applied based on relevant extracts from the reports of inspection services, information on the (approximate) number of foreign workers in Dominica, their nationality, their occupational distribution, the number and nature of the accidents reported in the case of foreign workers, etc. The Committee therefore invites the Government to supply such information with its next report.

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

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Article 1(1) and (2) of the Convention. Equal treatment. In reply to the Committee’s previous comments the Government states that, while there has been no change to national legislation regarding Convention No. 19, the Social Security Department confirmed that all employed persons, irrespective of their nationality, receive equal treatment in respect of occupational accidents benefits. Please indicate whether use was made of the powers conferred on the Minister by section 51 of the Social Security Act (Chapter 31:01), to modify or adopt the provisions of this Act in cases affected by agreements providing for reciprocity in matters of social security.

Parts III and V of the report form. Application of the Convention in practice. The Committee notes that the Government has not communicated the information requested by the report form related to the application of the Convention in practice, including: (i) information on the organization and working of inspection services as regards industrial accidents; (ii) information on how the provisions of the Social Security Act (Chapter 31:01) is applied in cases where victims of industrial accidents or their dependants reside outside Dominica; (iii) general appreciation of the manner in which the Convention is applied based on relevant extracts from the reports of inspection services, information on the (approximate) number of foreign workers in Dominica, their nationality, their occupational distribution, the number and nature of the accidents reported in the case of foreign workers, etc. The Committee therefore invites the Government to supply such information with its next report.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Article 1(1) and (2) of the Convention. Equal treatment. In reply to the Committee’s previous comments the Government states that, while there has been no change to national legislation regarding Convention No. 19, the Social Security Department confirmed that all employed persons, irrespective of their nationality, receive equal treatment in respect of occupational accidents benefits. Please indicate whether use was made of the powers conferred on the Minister by section 51 of the Social Security Act (Chapter 31:01), to modify or adopt the provisions of this Act in cases affected by agreements providing for reciprocity in matters of social security.

Parts III and V of the report form. Application of the Convention in practice. The Committee notes that the Government has not communicated the information requested by the report form related to the application of the Convention in practice, including: (i) information on the organization and working of inspection services as regards industrial accidents; (ii) information on how the provisions of the Social Security Act (Chapter 31:01) is applied in cases where victims of industrial accidents or their dependants reside outside Dominica; (iii) general appreciation of the manner in which the Convention is applied based on relevant extracts from the reports of inspection services, information on the (approximate) number of foreign workers in Dominica, their nationality, their occupational distribution, the number and nature of the accidents reported in the case of foreign workers, etc. The Committee therefore invites the Government to supply such information with its next report.

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

Article 1(1) and (2) of the Convention. Equal treatment. In reply to the Committee’s previous comments the Government states that, while there has been no change to national legislation regarding Convention No. 19, the Social Security Department confirmed that all employed persons, irrespective of their nationality, receive equal treatment in respect of occupational accidents benefits. Please indicate whether use was made of the powers conferred on the Minister by section 51 of the Social Security Act (Chapter 31:01), to modify or adopt the provisions of this Act in cases affected by agreements providing for reciprocity in matters of social security.

Parts III and V of the report form. Application of the Convention in practice. The Committee notes that the Government has not communicated the information requested by the report form related to the application of the Convention in practice, including: (i) information on the organization and working of inspection services as regards industrial accidents; (ii) information on how the provisions of the Social Security Act (Chapter 31:01) is applied in cases where victims of industrial accidents or their dependants reside outside Dominica; (iii) general appreciation of the manner in which the Convention is applied based on relevant extracts from the reports of inspection services, information on the (approximate) number of foreign workers in Dominica, their nationality, their occupational distribution, the number and nature of the accidents reported in the case of foreign workers, etc. The Committee therefore invites the Government to supply such information with its next report.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 1(1) and (2) of the Convention. Equal treatment. The Committee notes that the Social Security Act (Chapter 31:01) applies to every person gainfully occupied in insurable employment (section 19(1)(b)). It also notes that section 51 of the same Act provides that in order to give effect to international agreements providing for reciprocity in matters of social security the Government may modify or adapt the provisions of the Social Security Act. The Committee wishes to recall in this respect that, in accordance with the above provisions of the Convention, workers from countries party to Convention No. 19, as well as their dependants, need to be granted the same treatment as nationals in respect of occupational accidents, irrespective of the existence of reciprocity agreements to this effect with their country of origin. It would therefore be grateful if the Government would confirm that the national legislation is applied in a way ensuring the equality of treatment provided for by the Convention and indicate the manner in which section 51 is applied in practice.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 1, paragraphs 1 and 2, of the Convention. Equal treatment. The Committee notes that the Social Security Act (Chapter 31:01) applies to every person gainfully occupied in insurable employment (section 19(1)(b)). It also notes that section 51 of the same Act provides that in order to give effect to international agreements providing for reciprocity in matters of social security the Government may modify or adapt the provisions of the Social Security Act. The Committee wishes to recall in this respect that, in accordance with the above provisions of the Convention, workers from countries party to Convention No. 19, as well as their dependants, need to be granted the same treatment as nationals in respect of occupational accidents, irrespective of the existence of reciprocity agreements to this effect with their country of origin. It would therefore be grateful if the Government would confirm that the national legislation is applied in a way ensuring the equality of treatment provided for by the Convention and indicate the manner in which section 51 is applied in practice.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee would be grateful if the Government would provide copies of the updated version of the Social Security Act and the Workmen’s Compensation Ordinance. Please also provide copies of any subsidiary legislation which has been adopted in the field of compensation for employment accidents.

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

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the information contained in the Government’s last report. It would be grateful if the Government would provide copies of the updated version of the Social Security Act and the Workmen’s Compensation Ordinance. Please also provide copies of any subsidiary legislation which has been adopted in the field of compensation for employment accidents.

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

The Committee notes the information contained in the Government’s last report. It would be grateful if the Government would provide copies of the updated version of the Social Security Act and the Workmen’s Compensation Ordinance. Please also provide copies of any subsidiary legislation which has been adopted in the field of compensation for employment accidents.