Demande directe (CEACR) - adoptée 1997, publiée 86ème session CIT (1998)

Convention (n° 17) sur la réparation des accidents du travail, 1925 - Mozambique (Ratification: 1977)

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.