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With reference to its observation, the Committee notes the information provided by the Government in reply to its previous comments and it wishes to make the following remarks.
In its previous comments, the Committee hoped that on the occasion of a future revision of the legislation the Government: (a) would abolish the waiting period of three days for the payment of cash benefits, as established by Act No. 16074 of 1989, to ensure the payment of such benefits from the first day of incapacity, in conformity with Article 9, paragraph 3, of the Convention; and (b) would not encounter obstacles in guaranteeing by law, both explicitly and in general, the right to domiciliary visiting where this has been deemed necessary as a result of the state of the patient and the circumstances of the case, in accordance with Article 10, paragraph 1(a). In view of the fact that, with regard to the first point, the Government confines itself to indicating that the reasons are still in force which led to the establishment of the waiting period and that it provides no information on the second, the Committee is bound to hope once again that the Government will adopt the necessary measures to give effect to the above provisions of the Convention.
Articles 13, 14 and 18 (in conjunction with Article 19). In its previous comments, the Committee noted that there is no ceiling for the amount of the wage used as a basis for calculating benefits under section 18 of Act No. 16074 of 1989 and that the payment of benefits is made in accordance with sections 19 et seq. of the Act. The Committee observed that, in the absence of the ceiling referred to above, the level of benefits as calculated on the basis of the rules established by Act No. 16074 appeared to be in accordance with the level required by these provisions of the Convention. As the Government has not provided the requested statistical data, the Committee is bound to hope that the Government will make every effort to include the requested statistical information in its next report in relation to Article 19 of the Convention in accordance with the report form.
Finally, the Committee once again requests the Government to provide information on the effect given in practice to the second subsection of section 8 of Act No. 16074, including statistical data on the amount of benefits granted to dependent workers of employers who are not insured.
[The Government is asked to reply in detail to the present comments in 2009.]
Article 21 of the Convention (review of the rates of long-term cash benefits). In its previous comments, the Committee recalled the need for the Government to provide the statistics requested in the report form in relation to the review of long-term benefits so that it could assess whether the rates of cash benefits are reviewed following changes in the general level of earnings where these result from substantial changes in the cost of living. In view of the fact that the Government has once again failed to provide the requested information, the Committee is bound to hope that the Government will make every effort to include in its next report the requested statistics, as well as information on increases in the rate of benefits provided in the event of permanent incapacity or death. The Committee further requests the Government to provide information on the observations made by the Inter-Union Assembly of Workers–National Convention of Workers (PIT-CNT).
With reference to its observation, the Committee notes the detailed information supplied by the Government in reply to its earlier comments, and wishes to make the following remarks.
1. In view of the explanations given by the Government on the following points raised in its previous comments, the Committee hopes that at a future review of the legislation covering this field, the Government: (a) will not fail to abolish the waiting period of three days for payments of cash benefits established under Act No. 16074 of 1989, to ensure that payment of such benefits takes place from the first day of incapacity, in conformity with Article 9(3) of the Convention; (b) will not encounter obstacles in guaranteeing by law, both expressly and in general, the right to domiciliary visiting where this is deemed necessary as a result of the state of the patient and the circumstances of the case, in accordance with Article 10(1)(a).
2. Articles 13, 14 and 18 (in conjunction with Article 19). In reply to earlier comments by the Committee, the Government states in its report that there is no ceiling for the amount of the wage used as a basis for calculating benefits, in application of section 18 of Act No. 16074 of 1989 and that payment of benefits is made in accordance with sections 19 and following of this Act. The Committee observes that, in the absence of the ceiling mentioned above, the level of benefits calculated on the basis of the rules provided under Act No. 16074, will be in harmony with the level provided by these provisions of the Convention. However, it wishes the Government to confirm this conclusion in its next report through the statistical data requested under Article 19 of the report form on the Convention adopted by the Governing Body.
3. Finally, the Committee again asks the Government to supply information on the application in practice of the second paragraph of section 8 of Act No. 16074, and in particular to include statistical information on the amount of benefits of workers whose employers are not insured.
The Committee notes the detailed information supplied by the Government in reply to its earlier comments and in particular the information relevant to the application of Articles 4 and 9(1) and (2) of the Convention.
With reference to its previous comments, the Committee draws the Government’s attention to the fact that the frequency of statistical information called for in the report form adopted by the Governing Body as regards the review of benefits in the long term in alignment with the cost of living or level of earnings does not always allow it to appreciate the full application of Article 21 of the Convention in practice. The Committee trusts that the Government will do its utmost to include the statistics requested in its next report as well as information on the increases in the periodical payments made in case of permanent disability and death.
The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which reads as follows:
1. Article 4 of the Convention. Further to its previous comments, the Committee observes that under section 3 of Act No. 16134 of 24 April 1990 the obligation to insure against industrial accidents and occupational diseases is limited to public servants who are engaged in manual work in dangerous conditions. The Committee requests the Government to indicate how application of the Convention is ensured for public servants who are the victims of an industrial accident but are not engaged on work in the conditions mentioned and to supply specific texts related to such protection, if any.
Furthermore, the Committee hopes that the Government will be in a position to send, with its next report, statistics on the total number of employees protected as a proportion of the total number of employees overall.
2. Article 9, paragraphs 1 and 2. Further to its previous comments on section 8, paragraphs 3 and 4, of Act No. 16074 of 10 October 1989, the Committee notes with interest the information supplied by the Government on the payment of temporary cash compensation for public servants in institutions which are in arrears in the payment of contributions or have not insured their employees. The Committee requests the Government to kindly send it detailed information on how in practice payment of benefits is ensured for these categories of civil servants in the event of permanent incapacity or death resulting from an employment injury. Please also send data on the number of cases in which these provisions of the law have been invoked.
3. Article 9, paragraph 3, in conjunction with Article 13. In reply to the Committee's previous comments on the introduction, under Act No. 16074 of 10 October 1989, of a waiting period of three days before payment of cash benefits, the Government indicates that the first three days of absence are not covered by the employer. The Committee recalls that under this provision of the Convention payment of benefits can only be subject to a waiting period where the legislation of a Member provides for a waiting period at the date on which the Convention comes into force or where a declaration provided for in Article 2 is in force. Since the Government did not resort to either of these exceptions, the Committee hopes that on the next revision of the legislation, the Government will abolish the waiting period to ensure that payment of cash benefits takes place from the first day of incapacity.
4. Article 10, paragraph 1(a). Further to its previous comments, the Committee notes with interest the text of the agreement concluded by the State Insurance Bank with the Medical Federation of the Interior which provides for home care as necessary. It observes, however, that section 11 of Act No. 16074 of 1989 only provides for transport of the injured person to his home and from there to the place of treatment. It therefore again hopes that the Government will take the necessary measures to adopt a law, regulation or an administrative instrument which provides expressly in a general manner for home care where it has been recognized as necessary in view of the state of the patient and the circumstances of the case.
5. Articles 13, 14 and 18 (in conjunction with Article 19). The Committee hopes that the Government will indicate in its next report whether there is a ceiling for the amount of the wage used as the basis for calculating benefits, in application of section 18 of Act No. 16074. Furthermore, the Committee trusts that the Government will be in a position to include in its next report the statistical information requested in the report form adopted by the Governing Body under Article 19 of the Convention so that it can examine whether the provisions referred to are applied fully.
Finally, the Committee again asks the Government to provide information on the application in practice of the second paragraph of section 8 of Act No. 16074 including statistical information on the amount of benefits of workers whose employers are not insured.
The Committee notes that the Government's report has not been received. It hopes that the Government will supply a report for examination at its next session and that it will contain the statistical information requested under Article 21 of the Convention of the report form adopted by the Governing Body including in particular, information on changes for the period covered by the report in the cost-of-living or wages index along with increases to the scale of benefits for permanent incapacity and death.
Article 21 of the Convention. Further to its previous comments on the review of benefits, the Committee notes with interest that in January 1993 a reevaluation of 63 per cent was made. It also notes that the review of benefits was made on the basis of the average wage index which is partly linked to changes in the cost of living. In order to be able to ascertain the real impact of this re-evaluation, the Committee requests the Government to provide in its forthcoming reports the statistical information requested under Article 21 of the Convention, and in the report form adopted by the Governing Body in particular, information on changes for the period covered by the report in the cost-of-living or wages index along with increases to the scale of benefits for permanent incapacity and death.
1. Articles 3 and 4, paragraph 1, of the Convention. The Committee asks the Government to indicate whether all public servants are protected, regardless of the type of work they perform, under Act No. 16074 of 10 October 1989 respecting the employment injury insurance. The Committee asks the Government to provide the text of Act No. 16134 of 24 April 1990. The Government is also requested to supply information on the total number of employees protected, including public servants, and the total number of employees.
2. Article 9, paragraphs 1 and 2. The Committee notes that under section 8(3) of Act No. 16074 public servants in institutions which are in arrears in the payment of contributions or which have not insured their employees will receive only medical care. The Committee observes, however, that under section 8(4) of the same Act the State Insurance Bank must require all uninsured employers to gather the necessary capital for the provision of benefits. In view of the fact that, under these provisions of the Convention, eligibility for benefits - both medical care and cash benefits - may not be made subject to the duration of insurance or the payment of contributions, the Committee asks the Government to indicate how provision of cash benefits is guaranteed to the above-mentioned public servants from the onset of the contingency. It also asks the Government to provide information on the practical effect given to the above-mentioned provisions of Act No. 16074.
3. Article 9, paragraph 3, in conjunction with Article 13. The Committee notes that, under Act No. 16074 (sections 19 and 44), compensation for temporary incapacity is equivalent to two-thirds of the daily wage or the salary. In the previous legislation, this compensation was equal to one-half of the wage and was increased to two-thirds only after 30 days of incapacity. The Committee notes with interest the progress made in the application of the Convention in this respect. It observes, however, that compensation was previously paid from the day following the accident whereas it is now paid from the fourth day of absence (section 19(V) of the Act). Since Article 9, paragraph 3, of the Convention provides that payment of benefits can only be subject to a waiting period where the legislation of a Member provides for a waiting period at the date on which the Convention comes into force or where a declaration provided for in Article 2 is in force, the Committee asks the Government to indicate whether the first three days of absence are covered by the employer and, if so, under which provisions of the law.
4. Article 10, paragraph 1(a), of the Convention. In answer to the Committee's previous comments, the Government indicates that, in the interior of the country, medical care is provided under an agreement concluded with the Medical Federation of the Interior which provides for home care should the case require it. The Government also supplies certain particulars of the health care provided in Montevideo. The Committee notes this information with interest. It hopes that the Government will have no difficulty in giving legal effect to this practice by making express provision in a law, regulations or administrative instrument for home care where it has been recognized as necessary in view of the state of the patient and the circumstances of the case. It also asks the Government to provide a copy of the agreement concluded with the Medical Federation of the Interior.
5. Articles 13, 14 and 18 (in conjunction with Article 19 or 20 of the Convention). The Committee hopes that the Government will be able to provide the statistical information required by the report form adopted by the Governing Body, particularly with regard to the calculation of benefits. It also asks the Government to indicate whether there is a ceiling for the amount of benefits in the event of temporary incapacity, permanent incapacity and death, or, under section 18 of Act No. 16074, for the amount of the wage used as the basis for compensation. It also asks the Government to provide information on the practical effect given to section 8(2) of the above Act, including statistical information on the amount of benefits of workers whose employers are ensured.
6. Article 21. The Committee again asks the Government to provide information on the review of pensions to take account of changes in the cost of living, in accordance with the provisions of Article 21 of the Convention. In particular, the Committee asks the Government in its next report to provide all the statistical information requested by the report form under this Article of the Convention, so that it can ascertain the real impact of such increases.
The Committee notes with satisfaction the adoption of Act No. 16074 of 10 October 1989 respecting employment injury insurance, which enables effect to be given to certain provisions of the Convention. The Act (section 25(III)) provides for increments in periodical payments for disabled persons requiring the constant help of another person, in conformity with Article 16 of the Convention. Section 33 of the same Act cancels the suspension of the entitlement to periodical payments for industrial accidents in the event of temporary absence from the territory, in accordance with Article 2, paragraph 1(a). In addition, with regard to Article 22, paragraph 1(g), all references to "improper conduct" of the surviving spouse which gave rise to the cancellation of the right to a periodical payment have been omitted from the Act.
The Committee would be grateful if the Government would provide full information on the questions raised in a direct request.