WORKERS COMPENSATION FUND (WCF) Implementation of the Workers Compensation Act, 2008

Transcription

1 WORKERS COMPENSATION FUND (WCF) Implementation of the Workers Compensation Act, 2008

2 Coverage Introduction Administration of the Fund Objectives of the Fund Current Status in the Implementation of the Act Benefits Offered under the Act Rights & Obligations of Employers Rights & Obligations of Employees Stakeholders Expectations Fund s Expectations 2

3 Introduction WCF is a social security scheme meant to compensate workers (or their dependants in workers die) for accidents suffered & diseases contracted in course of employment as per provisions of the Workers Compensation Act No. 20 of 2008 All employers in the public & private are required to contribute to the Fund. These contributions are made on behalf of their employees (S.2) Contribution rates (tariff rates) are to be determined periodically depending on risk assessment & other related factors (S. 74(3)) 3

4 Introduction Prior to WC Act, 2008 the old Workers Compensation Act (Cap 263) has been handling administrative procedures for payment of compensation The maximum compensation payable under Cap 263 is TZS 108,000 (since 1983) but employers had the option to pay their effected employees more than the maximum amount Employees in public sector had room to route their compensation claims through the President s Office, Public Service Management under the Public Service Act (& Public Service Regulations) where maximum compensation payable is TZS 12 million 4

5 Administration of the Fund The Fund is under Ministry of Labour & Employment The Board of Trustees established under S.12 is generally responsible for control & administration of the Fund The Director General, appointed under S. 6 of the Act, is responsible for daily administration of the Fund Under the Director General, there will directors, managers and other staff to assist the Director General in executing daily functions of the Fund The Plan is to have branches over the country in order to bring service close to beneficiaries 5

6 Objectives of the Fund (S.3) Adequate and equitable compensation Rehabilitation of affected employees Effective, prompt, empathetic settlement of benefits Establishment, control, and admin of WCF International obligations Prevention of accidents & occupational disease 6

7 Current Status in the Implementation of the Act The Minister has powers to appoint different dates of commencement for different Parts or provisions of the Act (S. 1 (2)) The 1 st March, 11 was the commencement date on which Parts I, II, III & XII except for S. 98 (Govt Notice No. 105, 11 th March 11) Pursuant to operationalization of Parts II & III of the Act, members of the Board of Trustees & Director General were appointed with effect from 22 nd Jan. 15 The 1 st July, 15 is the commencement date for payment of Tariff (Govt Notice No. 169, 1 st May 15) 7

8 Current Status in the Implementation of the Act (GN No.169) Tariff is 0.5% of AEE (public sector) (S. 6.1 of GN no. 169) Tariff is 1% of AEE (private sector ) (S. 6.2 of GN no. 169) There is a transition period for 1 year (1 st July th June 16)(S. 8 (1)/(2) of GN No. 169) During the period, contributions shall be collected from all employers (S. 9 (1) of GN No. 169) WCF shall not effect compensation payments during the transition period (S. 9 (2) of GN No. 169) Payments of benefits during the period shall continue to be effected as per currently done (S. 9 (3) of GN No. 169) Regulations to operationalize all parts of the Act, except for Section 98 of the Act, are expected in July 15 8

9 Benefits Offered under the Act Compensation for Temporary Total Disablement (TTD) or Temporary Partial Disablement (TPD)(S. 46) 70% of employee's monthly earnings at the time of the accident, s/t min. & max. amounts to be set (S46(1)) (TTD) Proportion of 70% of employee's monthly earnings at the time of the accident, s/t min. & max. amounts to be set (S46(2)) (TPD) Compensation for Permanent Disablement (S. 48 (4)) 70% of employee's monthly earnings at the time of the accident (for 100% permanent disability) Proportion of 70% of employee's monthly earnings at the time of the accident (for less than 100% permanent disability) 9

10 Benefits Offered under the Act Constant Attendance Care Grants (S. 51) Paid to someone taking care of a disabled employee who is unable to perform essential functions of his life without the constant attendance care of someone else Dependants Grant if an Employee Dies (S. 52 (1)) Spouse or someone leaving with the deceased as husband & wife (i.e. deemed spouse)(s.52(1)(a)) Either twice the monthly pension of the deceased or 40% of monthly pension to the deceased had he been 100% permanently disabled 10

11 Benefits Offered under the Act Dependants Grant if an Employee Dies (S. 52 (1)) (Cont ed) A child below 18 years (or above if unable to earn income) (20% of monthly pension to the deceased had he been 100% permanently disabled) )(S.52(1)(b)) A child in circumstances where the spouse or deemed spouse are absent ) (maximum benefit: 40% of monthly pension to the deceased had he been 100% permanently disabled) )(S.52(1)(c)) 11

12 Benefits Offered under the Act Dependants Grant if an Employee Dies (S. 52 (1)) (Cont ed) A dependant in circumstances where the spouse or deemed spouse and child are absent). Maximum benefit is )(S.52(1)(d)(i) & (ii)) : Either 40% of monthly pension to the deceased had he been 100% permanently disabled & there was 100% dependence or A lump sum if there was partial dependence 12

13 Benefits Offered under the Act Dependants Grant if an Employee Dies (S. 52 (2) ) (Cont ed) Where an employee leaves two or more dependants (as opposed to only one dependant), then: Compensation payable to all shall not exceed the lump sum pension which would have been payable if the employee had left only one dependant The Director General may, if one of the dependants dies, allocate his pension to his children, if any, or, if there are no children, to the other remaining dependant (s) 13

14 Benefits Offered under the Act Funeral Grant (S. 53) Compensation payable shall be within the limits set out in item 9 of the 4 th Schedule, for an employee who dies as a result of an injury caused by an accident Minister may make regulations prescribing how calculations of the amount payable shall be Conveyance of Injured Employee (S. 61 (1) of the Act) Payment of reasonable cost incurred in respect of conveyance between employee s residence & hospital or where hospital services are available 14

15 Benefits Offered under the Act Medical Aid (S. 62) Payment of reasonable cost incurred by or on behalf of an employee in respect of medical aid necessitated by the accident or disease Rehabilitation Benefits (S.69 ) For restoration of employee's health, independence & participation in society to the maximum extent practicable (options which may be considered: clinical rehabilitation, vocational rehabilitation & social rehabilitation) 15

16 Employers Under the Act Rights Right Not to Pay for Compensation Benefits Employers have the right not to pay for compensation benefits which are provided under Part VI and Part VII of the Act as the Fund is obliged to pay these benefits instead Reasons for Decisions to be availed (S. 88) The Director General or the authorized person, as the case may be, shall furnish reasons for a decision to a person affected by that decision (S. 88 (1)) 16

17 Employers Under the Act Rights Appeal Against Decisions of the Director General & the Minister (S. 80) Appeal to the Minister against the decision of Director General within 30 working days from the date of decision(s. 80 (1)) Appeal to the Labour Court against the decision of the Minister within 60 working days from the date of decision (S. 80 (2)) 17

18 Employers Under the Act Obligations Payment of Compensation for Temporary Disablement for the 1 st Month (S. 46) The employer in whose service an employee is at the time of the accident shall be liable for the payment of the compensation for temporary disablement, of the 1 st month from the date of accident (S.46 (3)) After expiry of the 1 st month, the Director General shall refund the compensation paid by the employer under S.46 (3) (S.46 (4)) 18

19 Employers Under the Act Obligations Notice of Accident by Employer to the Director General (S. 34) An employer shall, within 7 days after being aware of an accident, report the accident to the Director General in a prescribed form (S. 34 (1)) Notice of Occupational Disease by (Employee) & Employer (S. 35) An employer shall, within 7 working days after being aware that an employee has contracted an occupational disease, report the disease in the prescribed manner to the Director General (S. 35 (3)) 19

20 Employers Under the Act Obligations Particulars in Support of a Claim (S. 37) An employer shall within 7 working days after receiving a claim, medical report or other documents or information concerning the claim, send the claim report, documents or information to the Director General (S.37 (2)) 20

21 Employers Under the Act Obligations Employers Should Register with the Director General (S. 71) Employers should, within the prescribed period, & in the prescribed form register to the Director General & furnish (S. 71 (1)): (a) The prescribed particulars of the business (b) Any additional particulars as may be required Failure to comply with the requirement attract, on conviction, a fine not exceeding TZS 50 million or imprisonment for a term not exceeding 5 years or to both (S. 71 (4)) 21

22 Employers Under the Act Obligations Employers Should Keep Records (S. 72) Employers should keep records of the earnings & other prescribed particulars of his employees & shall, at all reasonable times, produce the register or record on demand to an authorized person for inspection (S72(1)) An employer who fails to comply commits an offence & shall, on conviction, be liable for a fine not exceeding TZS 20 million or imprisonment for a term not exceeding 5 years or to both (S. 72 (3)) 22

23 Employers Under the Act Obligations Employers Should Furnish Returns of Earnings (S. 73) An employer shall, not later than the 31/03 in each year furnish the Director General with a return in the prescribed form certified by the employer, showing (S.73 (1)): Earnings paid by the employer during the period with effect from the 01/03 of the immediately preceding year up to & including the last day of Feb. of the following year Such further information as the Director General may require 23

24 Employers Under the Act Obligations Employers Should Furnish Returns of Earnings (S. 73) An employer who starts business after the last day of Feb. of a particular year shall within 7 working days thereafter, furnish the Director General with certified return, showing the estimated earnings of employees with effect from the start date & including the last day of Feb. of the following year (S. 73 (2) Failure to comply with the requirement is an offence & shall on conviction be liable to a fine not exceeding TZS 20 million or to imprisonment for a term not exceeding 3 or to both (S.73 (7) 24

25 Employers Under the Act Obligations Employers Should be Assessed to ascertain correct contributions (S. 74) An employer shall be assessed by the Director General according to a tariff calculated on percentage of annual earnings of employees (S. 74 (1)) An assessment of an employer shall be paid at such time and in such manner as the Director General may determine (S. 74 (6)) The Minister may, on the recommendation of the Board, prescribe a maximum amount of earnings on which assessment of employers shall base (S.74 (7)) 25

26 Employers Under the Act Obligations Employers Should Pay Assessment to the Director General (S.75) An assessment shall be paid by an employer within 30 working days after the date of the notice of assessment or, with the approval of the Director General, in such installments and at such times and on such conditions as he may determine (S. 75 (1)) 26

27 Employers Under the Act Obligations Employers or Trade Unions should Inform Employees of their Rights (S. 77) Every employer or a trade union shall display a statement of employee's rights under this Act in the prescribed manner (a) at the place where employees work (b) where it can be read by employees Employers to Assist Employees on their rights & procedures to claim compensation (S. 78) An employer or relevant trade union shall notify any employee who is injured (or who contracts an occupational disease ) on his rights & procedures to be 27 followed in order to claim compensation

28 Employers Under the Act Other Important Issues Civil Liability of Employer and 3 rd Party not Limited (S. 30 (1)) Any civil liability of an employer or any other person resulting in the disablement or death of an employee is not limited or affected in any way if the injury or disease was caused by negligence, breach of statutory duty or any other wrongful act or omission of the employer, or any person for whose act or omission the employer is responsible, or of any other person 28

29 Employers Under the Act Other Important Issues Prescription of Claim for Compensation (S.40) A right to compensation shall lapse if the accident (or Occupational disease) is not brought to the attention of the Director General within 12 months after the date of the accident (or Occupational disease)(s40 (1)/(2)) The occurrence of an accident (or occupational disease) shall be deemed to be the date on which a medical practitioner diagnosed the disease for the 1 st time & notified the employee of the diagnosis or such earlier date as the Director General may determine (S40 (3) 29

30 Employers Under the Act Other Important Issues Increase of Monthly Pensions (S. 54) The Minister may, on the recommendation of the Board increase the monthly pensions payable under S. 48/S.52 by such percentage as he may determine (S.54 (1)) 30

31 Employees Under the Act Rights Right to Compensation for occupational injury (S. 19) Accidents during conveyance to/from employee s place of employment for purpose of employment by any means of conveyance shall be deemed to take place in course of employment & hence compensable (S.20) Accidents during training for or performance of emergency services are deemed to have arisen out of & in course of employment & hence compensable (S. 21) Compensation for Occupational Diseases (S. 22) Accidents/ Diseases Contracted Outside Tanzania are payable under some conditions(s. 24) 31

32 Employees Under the Act Rights Accidents/Diseases Contracted in Tanzania (TZ) are payable under some conditions (S.25) Compensation may not be alienated or Reduced (S. 27); Cession or Relinquishing of Compensation void (S. 28); Compensation May Not Form Part of Deceased Employee s Estate (S.29) Threats and Compulsion Prohibited (S.32) Appeal Against Decisions of the Director General & the Minister (S. 80) Reasons for Decisions to be availed (S. 88) Access to information/documents (claims, accidents, injury, occupational disease (S.91) 32

33 Employees Under the Act Obligations Notice of Accident by Employee to Employee (S. 33 (1)) Employee to Submit to Medical Examination (S. 38) Claim for Compensation to be lodged within 12 months (S. 39) 33

34 Employees Under the Act Other Important Issues Right to Compensation for Occupational Injury (S. 19) As per S.19 (2), where an accident is attributable to the serious or willful misconduct of the employee, no compensation shall be payable unless: (i) The accident results in Permanent Total Disablement (ii) The employee dies as a result of the accident leaving a dependant wholly financially dependent upon the employee 34

35 Stakeholders Expectations Employees (& beneficiaries) will get their deserved rights for employment-related injuries/disease Fund s efficiency (Management & delivery of quality service) The Fund to work with other stakeholders, including OSHA & Govt, to significantly reduce incidences of injuries & diseases at workplaces Productivity at workplaces will increase Improvements in productivity will have significant impact in the growth of country s economy 35

36 Fund Expectations Continue getting cooperation from stakeholders in order to achieve its statutory obligations All employers to contribute to the Fund in line with the requirements of the Act & to play their role in terms of the requirements of the Act Government & SSRA will continue to offer their support which is important for the Fund to be able to fully perform its functions 36

37 . Thank You for Listening 37