CMNT_TITLE

Social Security (Minimum Standards) Convention, 1952 (No. 102) - Costa Rica (RATIFICATION: 1972)

Other comments on C102

Observation

Direct Request

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The Committee notes the information provided by the Government with regard to the principle of administration with the participation of representatives of the insured persons under the compulsory scheme for supplementary pensions (Article 72 of the Convention). Furthermore, the Committee notes the Government’s reply to the observations of the Confederation of Workers Rerum Novarum (CTRN) received in September 2012.

Part VI (Employment injury benefit), Articles 34, 36 and 38 of the Convention. Duration of benefit. In its report, the Government states that benefits are paid throughout the contingency. However, pursuant to sections 238 and 239 of the Labour Code – relating to permanent minor disability and permanent partial disability, respectively – payments are limited to five to ten years. As regards the degree of loss of earning capacity considered minimal by the national legislation (section 223 of the Labour Code – 0.5 to 50 per cent), the Committee points out that a degree of loss of earning capacity ranging from 25 to 50 per cent is not considered “minimal” under Paragraph 10(1) of the Employment Injury Benefits Recommendation, 1964 (No. 121). The Committee hopes that the Government will reconsider the situation and take the necessary measures to ensure the payment of periodical benefits throughout the duration of the contingency in case of permanent partial disability in excess of 25 per cent.

Part VII. Family benefit. Article 44. The Committee notes the amounts allocated in social assistance programmes directly addressed to the needs of children. The Committee hopes that the Government will be able to calculate the total value of benefits granted in accordance with what is laid down in Article 44 of the Convention.