Demande directe (CEACR) - adoptée 2013, publiée 103ème session CIT (2014)

Convention (n° 17) sur la réparation des accidents du travail, 1925 - Chine - Région administrative spéciale de Macao (Ratification: 1999)

Article 5 of the Convention. Compensation in the form of periodical payments. In its previous comment the Committee asked the Government to indicate how the competent authorities verify that lump sum payments made to injured workers and their dependants are properly utilized. The Committee notes the Government’s indication that, in the event of death or permanent incapacity, compensation may be paid in the form of periodical payments or a lump sum. The Committee requests the Government to indicate how the form of payment of the compensation is determined.

Article 6. Waiting period. The Government indicates that, under section 52 of Decree-Law No. 40/95/M, in the event of temporary or permanent total or partial incapacity, compensation is paid every 15 days by the employer and the insurance institution. As the Committee understands it, the first compensation payment is therefore made 15 days after the start of the incapacity. The Committee requests the Government to confirm that this is indeed the case.

Article 7. Additional compensation for the constant help of another person. In its previous comment the Committee noted the terms of section 48 of Decree-Law No. 40/95/M – which provides that where permanent incapacity resulting from an occupational injury is such that the employee needs constant assistance from another person, the former shall be entitled to an additional payment equivalent to 50 per cent of the received lump sum – and asked the Government to indicate whether victims of occupational accidents with temporary incapacity are also guaranteed a supplementary payment in cases where they also need the constant help of another person, as provided for by Article 7 of the Convention. Here the Government merely indicates that, under section 14 of the same Decree-Law, a person with temporary incapacity who needs constant assistance from another person is entitled to the payment of transport costs for the accompanying person. The Committee requests the Government to consider the possibility of taking measures to also provide for additional compensation for victims of occupational accidents with temporary total incapacity.

Article 9. Medical benefits free of charge. Further to its previous comments, the Committee notes the Government’s confirmation that, where the competent body has paid the medical expenses within the limits established by law, the worker who has suffered the industrial accident must pay the amounts that exceed the limit set for expenses. The Committee also notes that section 3(2) of Decree-Law No. 24/86/M provides that medical care dispensed in health centres and care given to families and individuals facing economic difficulties which incur costs exceeding the prescribed limits are still free of charge. If workers are unable to pay the amounts that exceed the prescribed limits, they may have recourse to the social institutions (Social Affairs Office or Social Security Fund). Lastly, the Committee notes that, according to the Government’s report, no cases have been recorded in the last five years in which the prescribed limits have been exceeded.