As of January 1, 2023, the new Legal Regime of Compulsory Insurance for Occupational Accidents and Occupational Illnesses in Cape Verde came into force, which refers to the obligation of employers to repair the consequences of accidents at work and occupational illnesses suffered by its workers.
Considering the modernization and legislative reforms in the insurance sector and the country's current social, economic and labor reality, it was deemed necessary to update the current legal framework on the matter. It was in this context that the document underwent several changes in relation to the previous legal framework, but its entry into force only happened now after several postponements due to the impacts of the pandemic and the war in Ukraine on the Cape Verdean economy and on employers. Here are the main changes to highlight:
1. From the point of view of the legal framework itself, mandatory insurance for accidents at work and occupational diseases was instituted in Cape Verde, in 1978, by Decree-Law No. The legal framework that regulates the matter of accidents at work and occupational diseases consists of the following diplomas:
• Decree-Law No. 84/78, of September 22nd, which institutes compulsory insurance for accidents at work;
• Decree-Law No. 86/78, of September 22, which regulates Decree-Law 84/78;
• Decree-Law No. 58/78, of July 15 , which standardizes the criteria for determining disabilities resulting from accidents;
• Ordinance No. 61/78, of December 31st , which approves the rates for the compulsory insurance against accidents at work;
• Tables annexed to Ordinance No. 110/78, of December 31;
• Decree-Law n.º 06/87, of February 14, which amends Decree-Law n.º 84/78.
Therefore, in addition to the updating of legislation over time, one of the great advantages over the previous situation is due to the uniqueness of the matter, as well as the ease of access to a single legal regime and not dispersed in separate diplomas, thus facilitating access , management and efficiency in decision-making;
1. Another difference can be seen from the fact that the tariff in the previous table is based on professional classes (3 classes), unlike the tariff that will now be in force, which is based on an approach based, fundamentally, on the wage bill and on the activity of each company, with possibility of adjustment depending on some risk factors;
2. The most significant alteration and with the greatest impact on policyholders and/or beneficiaries relates to the change in determining the value of the maximum limit of the monthly insurance salary, taking into account that the previous legislation did not cover the actual salary of the worker, as it was reference a daily capital of 300 ECV, that is, 9,000 ECV for 30 working days. On the other hand, there is an increase in cash compensation benefits, through the increase in the percentages that affect the basic remuneration, as shown in the table below.
Source: Government of the Republic of Cape Verde