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A Government representative indicated that legislation as well as the practice were in line in Article 29 of the present Convention. In effect, on 21 October 1987 Law No. 15900 was adopted according to which the cash benefits, pensions and old-age pensions paid by the Bank of Social Welfare would be adjusted on 1 April of every year in relation to the increase in production in the civil year immediately before, in the median wage index, established in conformity with Article 39 of Law No. 13728 of 17 December 1968 (Article 1), and that pension benefits would be adjusted within the two months following the month in which the general adjustment of the wages of the civil servants of the central administration occurred (Article 2). This means, at present, that benefits are readjusted every four months. This law which already included the principles according to which the benefits were to be adjusted and which entered into force on 1 April 1988, corresponds entirely to the provisions of the Convention. Furthermore the assertion of the National Vanguard Movement of Retired Persons and Pensioners according to which it was impossible to have recourse to judges or tribunals to file complaints, as indicated in their comments, was inexact. In fact, since 1 March 1985 a state of law and of all the constitutional and legal guarantees was prevailing. Furthermore, there existed a recent jurisprudence of the Administrative Tribunal under which complaints of retired persons and pensioners against the State had been settled. A report with the text of the law and the other statistical information as required by the Committee of Experts, would be furnished to the Office.

The Worker member of Uruguay stated that with the adoption of Law No. 15900, one of the most acute problems concerning retired persons and pensioners in his country, had been resolved. A precise system of adjustment had now been established to which to the amounts of the respective pensions and through the backlog in their adjustment, all pensioners together lost many millions of pesos without any justified reason. Furthermore, referring to a problem that had arisen as a consequence of the re-evaluation of pensions in the year 1985, the speaker indicated that the present Government had not undertaken a re-evalutation in keeping with the legal provisions and had omitted for that reason to pay 1,196,000 pesos which were increased by later adjustments. Finally referring to a judgement by the corresponding tribunal, he stated that the administrative tribunal ruled in favour of the plaintiffs and the administration had decided not to pay the benefits to all the persons concerned, as it should have.

The Workers' members stated that since 1986 there had been no reaction on the part of the government which to this day, have provided no explanation. It had been not until the Conference Committee came together that a reply was obtained. It was a very important event when a trade union submitted comments to the ILO to obtain a full and real application of the Conventions. There had been indications of an adjustment but this was a very partial one, and it had to be asked whether it was a total adjustment. taking into account the galloping inflation prevailing in many countries, it was necessary to carry out regular adjustments to adapt them to the cost of living. The present Convention was an important one which was to permit the persons who stopped working to continue to live in dignity. They hoped that these replies would be submitted to the Committee of Experts and to the trade union to allow them to ascertain the application of the Convention.

The Employers' members stated that there existed a problem of communication. Since 1986 the Committee of Experts had requested concrete information relating to the adjustment of old age pensions. In March 1986 the representative of the National Vanguard Movement of Retired Persons sent their comments to the Committee of Experts which in turn requested statistical information. This was of utmost importance in a country in which inflation was high and had devasting effects. The Government representative had furnished information, indicating that the adjustments were carried out regularly and had promised to again furnish all information required. They hoped that the Government would furnish the requested information so that the Committee of Experts could examine it.

The Government representative stated that, with reference to the amount of the four monthly advances on the annual adjustments, account had to be taken of the fact that Law No 15900 did not impose an automatic application of any index, but that account had to be taken of the variation of the general consumers' index and the funds at the disposal of the Bank of Social Welfare and the National Treasury. Since the installation of the democratic Government a steady decrease in the inflation rate and an increase of wages in real terms could be observed and the purchasing power of the old age and survivors' benefits had undergone a significant increase, exceeding the one prescribed by the Convention. Thus from April 1985 to April 1988 pensions had risen at an average of 43 per cent in real terms. As far as the court sentences were concerned, acquitting the claims of some retired persons and pensioners, which were submitted before the entry into force of Law No. 15900 they showed the inaccuracy of the statements according to which recourse could not be had before judges of tribunals. The statement of the Worker member of Uruguay showed also that the Government had complied with the adverse sentences which, because of the jurisdictional control of the administration, were of particular and not of general significance.

The Committee noted with interest that new legislation has been enacted in October 1987 in order to fully comply with this Convention. It also noted that the required statistical information would be provided in the near future. The Committee noted the explanations given by the Government and the discussion which took place which would be transmitted to the Committee of Experts so that it could reexamine the question, taking into account this discussion. It hoped that contacts or conversations would take place in the country to solve this problem.

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In reply to the Committee’s previous comments, the Government refers to its report of August 2009, which provides information on Law 18.395 of 24 October 2008 concerning flexible retirement. The Committee however has not found in the text of the report any reply to the questions it has raised in its previous observation and direct request of 2008. In view of the fact that the Government’s next report on the Convention due in 2011 will be a detailed report providing information on the application of each article of the Convention in accordance with the report form adopted by the Governing Body, the Committee trusts that the Government would make an effort to assess the impact of the abovementioned law, as well as other new legislation, on compliance with the relevant provisions of the Convention, and that it would not fail to reply in detail to the following points raised in the Committee’s previous direct request.

Benefit rates. Articles 10, 17 and 23 of the Convention. The Committee hopes that the Government will supply the information requested under Article 27 of the Convention, indicating in particular: (i) the amount of the wage of an ordinary adult male labourer (chosen in conformity with paragraph 4 or 5 of this Article); (ii) the amount of the minimum benefit paid to the standard beneficiary for each of the three contingencies referred to above.

Old-age benefit. Part V of the report form. (a) Benefit rates. 
Article 18(1)(a). The Committee draws the Government’s attention to the fact that the amount required by the Convention for the purposes of the calculation provided for by Part V of the report form is, in the case of a standard beneficiary (man with wife of pensionable age), 45 per cent of the earnings taken as the basis, at least after the completion of a maximum qualifying period provided for by Article 18(1) (in principle, 30 years of contribution or employment). The percentage indicated should therefore be achieved in the case of a person aged 65 years who had completed 30 years of contribution or employment.

(b) Reduced old-aged benefit after 15 years of contribution or employment. Article 18(2)(a). In its previous comments, the Committee requested the Government to indicate whether, in accordance with this provision of the Convention, reduced old-age benefits are paid to persons who have reached the age which gives entitlement to the ordinary retirement pension (60 years for men and 55 for women), but have not completed the period of service prescribed by section 35(a) of Constitutional Decree No. 9 of 1979. In its report, the Government refers once again to the pension for the elderly provided for in section 35(d), under which beneficiaries become entitled to this benefit at a higher age (70 years for men and 65 for women) than that of the ordinary retirement pension, after accumulating a minimum of 15 years of service. The Committee therefore can only but request the Government again to indicate the measures taken or envisaged to guarantee a reduced old-age benefit to persons who have reached the age which gives entitlement to the ordinary retirement pension and who have accumulated 15 years of contributions or employment.

Rehabilitation and placement services for persons with disabilities. Article 13. The Committee once again requests the Government to indicate the measures taken and the results achieved with a view to providing in practice vocational rehabilitation services and facilitating the placement of workers with disabilities.

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In reply to the Committee’s previous comments, the Government refers to its report of August 2009, which provides information on Law 18.395 of 24 October 2008 concerning flexible retirement. The Committee however has not found in the text of the report any reply to the questions it has raised in its previous observation and direct request of 2008. In view of the fact that the Government’s next report on the Convention due in 2011 will be a detailed report providing information on the application of each Article of the Convention in accordance with the report form adopted by the Governing Body, the Committee trusts that the Government will make an effort to assess the impact of the abovementioned law, as well as other new legislation, on compliance with the relevant provisions of the Convention and that it will reply in detail to the Committee’s previous observation which read as follows:

Article 29 of the Convention. Review of periodical benefits currently payable. With reference to its previous comments, the Committee notes the information concerning increases of pension benefits in relation to the general level of earnings and the cost of living index corresponding to the 2001–05 period. It notes in particular that during that period the cost of living index was 61.71 per cent, while the index of earnings and the revised amount of cash benefits were 35.69 per cent and 26.89 per cent, respectively. The Committee therefore hopes that the Government will adopt the necessary measures to revise the amount of cash benefits, at least up to the level of the index of earnings. It requests the Government to supply in its next report the statistical information required under Article 29 in the report form. 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).

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Articles 10, 17 and 23 of the Convention. Benefit rates. With reference to its previous comments, the Committee notes the information supplied by the Government on the level of invalidity, old-age and survivors’ benefits paid as at 1 February 2005. In view of the fact that benefit rates are expressed as minimum amounts, the Committee hopes that the Government, in its next report, will supply the information requested under Article 27 of the Convention, indicating in particular: (i) the amount of the wage of an ordinary adult male labourer (chosen in conformity with paragraph 4 or 5 of this Article); (ii) the amount of the minimum benefit paid to the standard beneficiary for each of the three contingencies referred to above.

Part V of the report form. Old-age benefit. (a) Article 18(1)(a). Benefit rates. The Committee notes that, under the pension system in force protected by the Social Insurance Bank, men or women who reach 60 years of age and have not accumulated 35 years of service have no entitlement to old-age benefit. It notes that the Government has been studying the possibility of setting up a common fund, possibly reducing the period of service from 35 to 30 years. The Committee notes the above information. It draws the Government’s attention to the fact that the amount required by the Convention for the purposes of the calculation provided for by Part V of the report form is, in the case of a standard beneficiary (man with wife of pensionable age), 45 per cent of the earnings taken as the basis, at least after the completion of a maximum qualifying period provided for by Article 18, paragraph 1 (in principle, 30 years of contribution or employment). The percentage indicated could therefore be achieved in the case of a person aged 65 years who had completed 30 years of contribution or employment, as the Government appears to suggest. The Committee hopes that the Government will adopt the announced measures in order to guarantee the application of the Convention.

(b) Article 18(2)(a). Reduced old-aged benefit after 15 years of contribution or employment. In its previous comments, the Committee requested the Government to indicate whether, in accordance with this provision of the Convention, reduced old-age benefits are paid to persons who have reached the age which gives entitlement to the ordinary retirement pension (60 years for men and 55 for women), but have not completed the period of service prescribed by section 35(a) of Constitutional Decree No. 9 of 1979. In its report, the Government refers once again to the pension for the elderly provided for in section 35(d), under which beneficiaries become entitled to this benefit at a higher age (70 years for men and 65 for women) than that of the ordinary retirement pension, after accumulating a minimum of 15 years of service. The Committee therefore can only but request the Government again to indicate the measures taken or envisaged to guarantee a reduced old-age benefit to persons who have reached the age which gives entitlement to the ordinary retirement pension and who have accumulated 15 years of contributions or employment.

Article 13. Rehabilitation and placement services for persons with disabilities. In its previous comments, the Committee noted the information on the legislative provisions which provide for the vocational rehabilitation of disabled persons. The Committee once again requests the Government to indicate the measures taken and the results achieved with a view to providing in practice vocational rehabilitation services and facilitating the placement of workers with disabilities.

[The Government is asked to reply in detail to the present comments in 2009.]

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Article 29 of the Convention. Review of periodical benefits currently payable. With reference to its previous comments, the Committee notes the information concerning increases of pension benefits in relation to the general level of earnings and the cost-of-living index corresponding to the 2001–05 period. It notes in particular that during that period the cost-of-living index was 61.71 per cent, while the index of earnings and the revised amount of cash benefits were 35.69 per cent and 26.89 per cent, respectively. The Committee therefore hopes that the Government will adopt the necessary measures to revise the amount of cash benefits, at least up to the level of the index of earnings. It requests the Government to supply in its next report the statistical information required under article 29 of the report form. 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).

The Committee is raising a number of other matters in a direct request to the Government.

[The Government is asked to reply in detail to the present comments in 2009.]

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The Committee refers to its observation. It notes the information provided by the Government in its report on the scope of application of the Convention (Articles 9, 16 and 22). The Committee wishes to draw the Government’s attention to the following points.

Articles 10, 17 and 33. Benefit rates. With regard to its previous comments, the Committee notes that the Government has not transmitted the information required under the report form on the level of benefits for invalidity, old age and survivors which are provided to the standard beneficiary as set out in the instrument, namely: (a) in the case of invalidity: a man with a wife and two children; (b) in the case of old age: a man with a wife of pensionable age; and (c) in the case of death: a widow with two children; the Committee hopes that the Government will indicate in particular in its next report:

(a)  if it wishes to avail itself of Article 26:

(i)  the amount of the wage of a skilled manual male employee (chosen in accordance with paragraph 6 or 7 of this Article);

(ii)  the amount of the benefit paid, in the case of the three contingencies referred to above, to a standard beneficiary whose previous earnings were equal to the wage of the skilled manual male employee (for old-age benefits, the authorized period of qualification may be 30 years of contributions or employment, and for invalidity benefits and survivors’ benefits, 15 years);

(b)  if it wishes to avail itself of Article 27:

(i)  the amount of the wage of an ordinary adult male labourer (chosen in conformity with paragraph 4 or 5 of this Article);

(ii)  the amount of the minimum benefit paid to the standard beneficiary for each of the three contingencies referred to above.

Article 13. Rehabilitation and placement services for persons with disabilities. With regard to its previous comments, the Committee notes the information relating to the provisions of the legislation on the vocational rehabilitation of persons with disabilities. The Committee once again requests the Government to indicate the action which has been taken and the results obtained with a view to providing in practice vocational rehabilitation services and facilitating the placement of workers with disabilities.

Article 18, paragraph 2(a). Granting of reduced old-age benefits after 15 years of contributions or employment. In its previous comments, the Committee requested the Government to indicate whether, in accordance with this provision of the Convention, reduced old-age benefits are paid to persons who have reached the age which gives entitlement to the ordinary retirement pension (60 years for men and 55 for women), but have not completed the period of service prescribed by section 35(a) of Constitutional Decree No. 9 of 1979. In its report, the Government once again refers to the pension for the elderly provided for in section 35(d), under which beneficiaries become entitled to this benefit at a higher age (70 years for men and 65 for women) than that of the ordinary retirement pension, after accumulating a minimum of ten years of service. In these conditions, the Committee requests the Government to indicate the measures which have been taken or which are envisaged to guarantee, in accordance with this provision of the Convention, a reduced old-age benefit to persons who have reached the age which gives entitlement to the ordinary retirement pension and who have accumulated 15 years of contributions or employment.

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1. Article 29 of the Convention. Review of cash benefits currently payable. With reference to its previous comments, the Committee notes the information concerning increases of pension benefits in relation to the general level of earnings and the cost-of-living index corresponding to the 1996-2000 period. It requests the Government to supply in its next report the statistical data required in this respect under Article 29 of the report form approved by the Governing Body.

2. The Committee also requests the Government to supply detailed information on the extent to which Act No. 16713 of 3 September 1995 gives effect to each of the provisions of the Convention, transmitting to this effect the information, including statistics, requested under the report form approved by the Governing Body, both with regard to the old and the new pensions system.

The Committee is addressing a request directly to the Government on other points.

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The Committee notes the information supplied by the Government in its report concerning the scope of the application of the Convention (Articles 9, 16 and 22). The Committee wishes to draw the Government's attention to the following points:

Articles 10, 17 and 23 (benefit rates). With reference to the Committee's previous comments, the Government has supplied information concerning the wage of a skilled male worker in the private sector in Montevideo, and the level of average monthly benefits per beneficiary, except for the old-age pension. The Committee notes this information. It also notes with interest that studies are being undertaken on systems to fulfil the requirements for the transmittal of information under the report form on the Convention. In view of the fact that the above information does not enable it to assess the manner in which the Convention is applied as regards the level of benefits for invalidity, old-age and survivors which are provided to the standard beneficiary as set out in the instrument, namely: (a) in the case of invalidity: a man with a wife and two children; (b) in the case of old-age: a man with a wife of pensionable age; (c) in the case of death: a widow with two children; the Committee hopes that the Government will indicate in particular in its next report:

(a) if it wishes to avail itself of Article 26:

(i) the amount of the wage of a skilled manual male employee (chosen in accordance with paragraph 6 or 7 of this Article);

(ii) the amount of the benefit paid, in the case of the three contingencies referred to above, to a standard beneficiary whose previous earnings were equal to the wage of the skilled manual male employee (for old-age benefits, the authorized period of qualification may be 30 years of contributions or employment, and for invalidity benefits and survivors' benefits, 15 years);

(b) if it wishes to avail itself of Article 27:

(i) the amount of the wage of an ordinary adult male labourer (chosen in conformity with paragraph 4 or 5 of this Article);

(ii) the amount of the minimum benefit paid to the standard beneficiary for each of the three contingencies referred to above.

Article 13 (rehabilitation and placement services for persons with disabilities). In its previous comments, the Committee requested the Government to supply detailed information on the measures taken and the results obtained in relation to the rehabilitation programmes for persons with disabilities which the National Vocational Rehabilitation Committee, established under Decree 186/983, is intended to promote. In its report, the Government states that the Labour Retraining Fund was established under Act No. 16320, of 1 November 1992. This Fund will provide resourses for the implementation of rehabilitation programmes which will cover all persons with disabilities. The Committee notes this information. However, the Committee notes that, under the terms of section 327 of the above Act No. 16320, the beneficiaries of the Labour Retraining Fund are the workers covered by legislative Decree No. 15180 of 20 August 1981, which only covers the contingency of involuntary unemployment of employees in the private sector. In these conditions, the Committee once again requests the Government to indicate the action which has been taken and the results obtained with a view to providing in practice vocational rehabilitation services and facilitating the placement of workers with disabilities.

Article 18, paragraph 2(a) (granting of reduced old-age benefits after fifteen years of contributions or employment). In its previous comments, the Committee requested the Government to indicate whether, in accordance with this provision of the Convention, reduced old-age benefits are paid to persons who have reached the age which gives entitlement to the ordinary retirement pension (60 years for men and 55 for women), but have not completed the period of service prescribed by section 35(a) of Constitutional Decree No. 9 of 1979. In its report, the Government refers to the pension for the elderly provided for in section 35(d), under which beneficiaries become entitled to this benefit at a higher age (70 years for men and 65 for women) than that of the ordinary retirement pension, after accumulating a minimum of ten years of service. In these conditions, the Committee requests the Government to indicate the measures which have been taken or which are envisaged to guarantee, in accordance with this provision of the Convention, a reduced old-age benefit to persons who have reached the age which gives entitlement to the ordinary retirement pension and who have accumulated 15 years of contributions or employment.

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Article 29 of the Convention (review of cash benefits currently payable). With reference to its previous comments, the Committee notes the information concerning the adoption of Act No. 15900 of 17 October 1987, under which the pensions provided by the Bank for Social Welfare are revised annually. It also notes that the above Act is implemented by successive decrees which establish the percentage increase of the benefits. However, the Committee notes that the report does not contain information on the decrees adopted since 1989. In view of the fact that without such information the Committee is not in a position to assess the real impact of increases of pension benefits in relation to the general level of earnings or the cost of living index, it requests the Government to supply in each of its future reports the text of these decrees and the statistical data required in this respect under Article 29 of the report form approved by the Governing Body.

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The Committee has noted the information supplied by the Government in reply to its previous comments and has also examined the legislation appended to the report.

The Committee wishes to point out the following:

Articles 9, 16 and 22 of the Convention (persons protected). The Committee notes that the statistical data provided by the Government in its report refer only to the number of persons contributing to the Bank for Social Welfare. These data are not sufficient to enable the Committee to ascertain to what extent effect is given to the above-mentioned provisions of the Convention, since no reference is made either to the total number of employees or to the total economically active population, according to whether the Government wishes to avail itself of the formula in subparagraph (a) or the formula in subparagraph (b) of these provisions, in determining the scope of the insurance schemes. The Committee therefore requests the Government to provide statistical data in its future report, on the classes of persons protected, drawn up in the manner requested in the report form on this Convention, under Articles 9, 16 and 22.

Articles 10, 17 and 23 (benefit rates). In its previous comments (1984), the Committee requested the Government to provide statistical data on the amount of the benefits paid to a standard beneficiary in the three contingencies covered by the Convention (invalidity: a man with a wife and two children; old age: a man with a wife of pensionable age; death: a widow with two children) to enable it to ascertain the extent to which the level of the benefits granted by the national insurance schemes attains the percentage prescribed by the Convention, that is, 50 per cent for the first, and 45 per cent for the two other contingencies. At the same time, the Committee recalled that, according to the national insurance schemes, the Government could, under the Convention, establish the statistics using either the formula of Article 26 of the Convention (i.e. on the basis of the wage of a skilled manual male employee, chosen in conformity with paragraph 6 of this Article), or the formula of Article 27 (i.e. on the basis of the wage of an ordinary adult male labourer, chosen in conformity with paragraph 4 of this Article). The information supplied by the Government in its report and the data contained in Decrees Nos. 320/988 and 76/988 concerning, respectively, the increase in the pensions paid by the Bank for Social Welfare and the amounts of the minimum wages for certain workers in the metallurgy sector, show that, in Uruguay, the level of benefits does not attain the percentages laid down by the Convention for a standard beneficiary. The Committee therefore hopes that the Government will be able to take the necessary steps to increase the amount of invalidity, old-age and survivors' benefits so that the level prescribed by the Convention is attained, and that it will indicate progress made in this respect on the basis of suitable statistics.

Article 13 (rehabilitation and placement services for the disabled). The Committee notes with interest from the Government's reply to its previous comments that a national occupational rehabilitation committee has been set up by Decree No. 186/983 and that it has been entrusted with the promotion and implementation of rehabilitation programmes covering the disabled throughout the country and with preventing the main risks which lead to invalidity. The Committee hopes that it will be possible for the next report to contain more detailed information on the work done and the results obtained in this area.

Article 18, paragraph 2(a) (granting of reduced benefits after 15 years of contribution or employment). In reply to the Committee's comments, the Government refers to Act No. 15.841/986 which amends section 44 of Constitutional Decree No. 9 of 1979 by extending the conditions for entitlement to old-age and invalidity pension. The Committee notes this amendment with interest, but again requests the Government to indicate whether persons who have not completed the period of service prescribed by section 35(a) of Constitutional Decree No. 9, mentioned above, are entitled to ordinary retirement pension (jubilación común) and, if so, to specify the rate of the benefit granted to a beneficiary with a qualifying period of only 15 years of employment or contribution, as opposed to the rate of an ordinary retirement pension paid to a beneficiary with a qualifying period of 30 years of employment or contribution.

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Article 29 of the Convention (review of cash benefits currently payable). The Committee has examined the information supplied by the Government to the Conference Committee in June 1988 and contained in its report, in reply to the 1988 observation concerning the review of old-age pensions and other long-term benefits currently payable. The Committee has also examined the legislation communicated by the Government, in particular Act No. 15.900 of 17 October 1987 which came into force in 1988, under which the various pensions and cash benefits paid by the Bank for Social Welfare are to be reviewed annually in the light of wage index increases.

The Committee hopes that the Government will make every effort to implement the above-mentioned Act - thereby giving effect to this provision of the Convention - and that, in all future reports, it will not fail to provide the statistical data required under Article 29 by the report form adopted by the Governing Body.