All Comments

The Committee notes the additional information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee has examined the application of the Conventions on the basis of the supplementary information received from the Government this year (see Part IV, Article 21, of Convention No. 102), as well as on the basis of the information available to it in 2019.

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on social security, the Committee considers it appropriate to examine Conventions No. 102 (minimum standards), No. 118 (equality of treatment), and No. 121 (employment injury benefits) together.

Part II (Medical care). Article 9, in conjunction with Article 10(1) of Convention No. 102. Coverage of the spouses of insured persons. The Committee notes the information provided by the Government in reply to its previous request regarding the extent to which the spouses of insured persons are covered, particularly with respect to medical care for maternity.

Article 10(2) of Convention No. 102. Cost-sharing. The Committee notes the information provided by the Government in reply to its previous request regarding cost sharing by beneficiaries for medical care, including in the case of maternity. In relation to medical care in the case of maternity, the Committee requests the Government to confirm that, in accordance with Article 10(2) of the Convention, cost-sharing is not required for the pre-natal, confinement and post-natal medical care provided under Article 10(1)(b) of the Convention.

Part IV (Unemployment benefit). Article 21 of Convention No. 102. Scope of coverage. The Committee notes the statistical information provided by the Government in reply to its previous request concerning the total number of employees protected under each unemployment benefit scheme.

Part VII (Family benefit). Article 40, in conjunction with Article 1(1)(e), of Convention No. 102. The Committee notes the information provided by the Government in reply to its previous request regarding the conditions of entitlement to family benefit.

Part XIII (Common provisions) of Convention No. 102. The Committee notes with regret that the Government has not provided the information requested in relation to the application of Articles 69, 70, 71 and 72 of the Convention. The Committee once again requests the Government to provide this information.

Article 5, in conjunction with Article 8 of Convention No. 118. Benefits for the victims of employment injury and their dependants. In its previous comment, the Committee noted the national legislation which, in section 33(1) of Act No. 16074 on industrial accidents and occupational diseases insurance, adopted in 1989, provided that when beneficiaries were residents in another country without nominating an agent, the payment of benefits shall be suspended. Moreover, the dependants of workers who had died as a result of an employment accident or an occupational disease, who were living abroad at the time of the accident or the disease, were entitled to receive the benefit only as from the date on which they settled in Uruguay, and only for the period during which they reside there (section 33(3) of the Act). The Committee requested the Government to provide information on the adoption of the necessary measures to bring the national legislation into conformity with the Convention, which provides that each Member that has ratified it shall guarantee to its own nationals and to the nationals of any other Member which has accepted the obligations of the Convention in respect of the branch or branches in question, when they are resident abroad, provision of employment injury benefits, subject to measures for this purpose being taken, where necessary, in accordance with Article 8 of the Convention. The Committee notes that, in its reply, the Government indicates the bilateral or multilateral agreements concluded to this effect and also indicates that the Uruguayan Social Security Bank (BPS) pays its benefits in any country in which the retired beneficiary or beneficiary of a pension is located, whether or not there is a social security agreement. While, noting with interest the Government’s indications regarding the application in practice of Articles 5 and 8 of the Convention, the Committee requests the Government to specify whether in practice the BPS also pays benefits for permanent invalidity or death as a result of employment injury to the nationals of any other Member which has accepted the obligations of the Convention in respect of the branch or branches in question, when they are resident abroad. The Committee also once again requests the Government to take the necessary measures to bring the national legislation into conformity with Articles 5 and 8 of the Convention with regard to the payment abroad of employment injury benefits and to provide information on any measures adopted or envisaged in this respect.

Article 10 of Convention No. 121. Domiciliary visiting. In its previous comments, the Committee noted that section 11 of Act No. 16074 of 1989 on industrial accidents and occupational diseases insurance, does not envisage the provision of medical care at the home of the worker, if necessary, in accordance with Article 10(a) of the Convention, and reiterated the hope that the Government would take the necessary measures to give full effect to this provision of the Convention. The Committee notes with interest the Government’s reply indicating that, in recent years, a home-based care system has been implemented to provide treatment and nursing care and meet the other needs that affect the patient’s health, with a view to conserving psycho-social conditions. Home-based nursing care is provided in accordance with protocols established for each situation with monitoring and evaluation of compliance with the guidelines and, where appropriate, educational and promotional activities are conducted regarding the procedures carried out during the in-patient hospital treatment. The Committee requests the Government to indicate the relevant legal provisions and regulations, with an indication of whether they include a direct reference to cases of employment injury.

Article 19 and the application in practice of Convention No. 121. Employers not insured for employment injury. Rate of the benefit. In its previous comments, the Committee noted that section 8 of Act No. 16074 of 1989, on industrial accidents and occupational diseases insurance, provides that compensation paid by the State Insurance Fund to victims of employment injury employed by uninsured employers is calculated on the basis of the national minimum wage and it requested the Government to calculate the replacement rate obtained in the case of workers having the same earnings and dependants as the standard beneficiary envisaged by Articles 19 or 20 of the Convention. The Committee notes the information provided by the Government on the replacement rates for all workers and observes that that these rates would apply to workers who have not been insured by their employers on the basis of the national minimum wage, rather than the worker’s actual wages, as is the case for insured workers. The Committee further observes that the national minimum wage may, in some cases, be lower than the real wage paid to the workers concerned, which can lead to a lower rate of compensation for these workers. While noting that the legislation guarantees the payment of compensation irrespective of whether employers have complied with their obligation to insure their workers, the Committee requests the Government to take measures to improve compliance by employers with their obligation to take out employment injury insurance, thereby encouraging the registration of their workers with the State Insurance Fund, to ensure that they are able to receive benefits at the rate envisaged for insured workers.

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on social security, the Committee considers it appropriate to examine Conventions No. 102 (minimum standards), No. 118 (equality of treatment), and No. 121 (employment injury benefits) together.

Part II (Medical care). Article 9, in conjunction with Article 10(1) of Convention No. 102. Coverage of the spouses of insured persons. The Committee notes the information provided by the Government in reply to its previous request regarding the extent to which the spouses of insured persons are covered, particularly with respect to medical care for maternity.

Article 10(2). Cost-sharing. The Committee notes the information provided by the Government in reply to its previous request regarding cost sharing by beneficiaries for medical care, including in the case of maternity. In relation to medical care in the case of maternity, the Committee requests the Government to confirm that, in accordance with Article 10(2) of the Convention, cost-sharing is not required for the pre-natal, confinement and post-natal medical care received, as established in this Article of the Convention.

Article 21. Scope of coverage. The Committee once again requests the Government to indicate the total number of employees protected under each unemployment benefit scheme.

Part VII (Family benefit). Article 40, in conjunction with Article 1(1)(e). The Committee notes the information provided by the Government in reply to its previous request regarding the conditions of entitlement to family benefit.

Part XIII (Common provisions). The Committee notes with regret that the Government has not provided the information requested in relation to the application of Articles 69, 70, 71 and 72 of the Convention. The Committee once again requests the Government to provide this information.

Article 5, in conjunction with Article 8 of Convention No. 118. Benefits for the victims of employment injury and their dependants. In its previous comment, the Committee noted the national legislation which, in section 33(1) of Act No. 16074 on industrial accidents and occupational diseases insurance, adopted in 1989, provided that when beneficiaries were residents in another country without nominating an agent, the payment of benefits shall be suspended. Moreover, the dependants of workers who had died as a result of an employment accident or an occupational disease, who were living abroad at the time of the accident or the disease, were entitled to receive the benefit only as from the date on which they settled in Uruguay, and only for the period during which they reside there (section 33(3) of the Act). The Committee requested the Government to provide information on the adoption of the necessary measures to bring the national legislation into conformity with the Convention, which provides that each Member that has ratified it shall guarantee to its own nationals and to the nationals of any other Member which has accepted the obligations of the Convention in respect of the branch or branches in question, when they are resident abroad, provision of employment injury benefits, subject to measures for this purpose being taken, where necessary, in accordance with Article 8 of the Convention. The Committee notes that, in its reply, the Government indicates the bilateral or multilateral agreements concluded to this effect and also indicates that the Uruguayan Social Security Bank (BPS) pays its benefits in any country in which the retired beneficiary or beneficiary of a pension is located, whether or not there is a social security agreement. While, noting with interest the Government’s indications regarding the application in practice of Articles 5 and 8 of the Convention, the Committee requests the Government to specify whether in practice the BPS also pays benefits for permanent invalidity or death as a result of employment injury to the nationals of any other Member which has accepted the obligations of the Convention in respect of the branch or branches in question, when they are resident abroad. The Committee also once again requests the Government to take the necessary measures to bring the national legislation into conformity with Articles 5 and 8 of the Convention with regard to the payment abroad of employment injury benefits and to provide information on any measures adopted or envisaged in this respect.

Article 10 of Convention No. 121. Domiciliary visiting. In its previous comments, the Committee noted that section 11 of Act No. 16074 of 1989 on industrial accidents and occupational diseases insurance, does not envisage the provision of medical care at the home of the worker, if necessary, in accordance with Article 10(a) of the Convention, and reiterated the hope that the Government would take the necessary measures to give full effect to this provision of the Convention. The Committee notes with interest the Government’s reply indicating that, in recent years, a home-based care system has been implemented to provide treatment and nursing care and meet the other needs that affect the patient’s health, with a view to conserving psycho-social conditions. Home-based nursing care is provided in accordance with protocols established for each situation with monitoring and evaluation of compliance with the guidelines and, where appropriate, educational and promotional activities are conducted regarding the procedures carried out during the in-patient hospital treatment. The Committee requests the Government to indicate the relevant legal provisions and regulations, with an indication of whether they include a direct reference to cases of employment injury.

Article 19 and application in practice of the Convention. Employers not insured for employment injury. Rate of the benefit. In its previous comments, the Committee noted that section 8 of Act No. 16074 of 1989, on industrial accidents and occupational diseases insurance, provides that compensation paid by the State Insurance Fund to victims of employment injury employed by uninsured employers is calculated on the basis of the national minimum wage and it requested the Government to calculate the replacement rate obtained in the case of workers having the same earnings and dependants as the standard beneficiary envisaged by Articles 19 or 20 of the Convention. The Committee notes the information provided by the Government on the replacement rates for all workers and observes that that these rates would apply to workers who have not been insured by their employers on the basis of the national minimum wage, rather than the worker’s actual wages, as is the case for insured workers. The Committee further observes that the national minimum wage may, in some cases, be lower than the real wage paid to the workers concerned, which can lead to a lower rate of compensation for these workers. While noting that the legislation guarantees the payment of compensation irrespective of whether employers have complied with their obligation to insure their workers, the Committee requests the Government to take measures to improve compliance by employers with their obligation to take out employment injury insurance, thereby encouraging the registration of their workers with the State Insurance Fund, to ensure that they are able to receive benefits at the rate envisaged for insured workers.

The Committee takes note of the Government’s first report received in August 2012 on the application of the accepted Parts II, IV, VII and VIII of the Convention.

Part II (Medical care). Article 9 in conjunction with Article 10(1) of the Convention. Referring to its direct request under Convention No. 130, the Committee noted the adoption of Law No. 18.211 of 13 December 2007 establishing an integrated medical care system for all residents which will progressively incorporate the dependent spouses of insured employees by 31 December 2013. Please indicate to what extent the wives of insured persons are covered particularly with respect to maternity medical benefits.

Article 10(2). The report indicates that Decree 465/2008 of 3 October 2008 includes the catalogue of all medical services provided to protected persons and lists those which, as an exception to article 19 of Law No. 18.211, are not subject to cost-sharing. Please supply a copy of this Decree and indicate any other regulatory provisions regarding cost-sharing, including in the case of maternity, which ensure that such participation does not involve hardship.

Part IV (Unemployment benefits). Article 21. Scope of coverage. According to the report, unemployment benefits are awarded to all employees, whatever their branch of activity, but are provided differently depending on whether employees receive monthly remuneration or are paid per day or by the hour. Employees paid monthly receive unemployment benefit for a maximum period of six months, while employees paid daily or hourly receive unemployment benefit for a total of up to 72 days. Please indicate the total number of employees protected under each scheme.

Part IV (Family benefits). Article 40 in conjunction with Article 1(1)(e). The Committee notes that family benefits under Law No. 15.084 and Law No 18.227 are provided to children until the age of 14. Pursuant to Article 1(1)(e) of the Convention, a child means a child under school-leaving age or under 15 years of age. The Committee would therefore ask the Government to indicate whether family benefits in Uruguay are provided until the 15th birthday of the child.

Part XI (Standards to be complied with by periodical payments). For the purpose of calculating the replacement level of benefits, the Government is asked to indicate whether it wishes to have recourse to Article 65 or 66 of the Convention and specify the reference wage of a standard beneficiary and the rate of the benefit received in respect of the contingency in question. With respect to family benefits, please also provide the statistical data and calculations of the total value of family benefits according to Article 44 of the Convention.

Part XII (Equality of treatment) and Part XIII (Common provisions). The Committee notes that the report does not include information required by the report form regarding the application of Articles 68, 69, 70, 71 and 72 of the Convention and asks the Government to provide such information and supply the corresponding legal provisions in its next report.

Social Security (Minimum Standards) Convention, 1952 (No. 102) - Uruguay (RATIFICATION: 2010)

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