Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes the information supplied by the Government in response to its previous direct request. It notes in particular Act No. 16/074 of 10 October 1989 respecting industrial accidents and occupational diseases. It wishes to draw the Government's attention to the following points and to receive additional information on them.

Article 2 of the Convention (branch g) (Employment injury benefit) (in conjunction with Article 10).

(a) Under section 33, subsections 1 and 2 of Act No. 16/074 of 1989 mentioned above, payment of the benefit is suspended, without prejudice to specific provisions in bilateral or multilateral social security agreements, if the persons covered settle in another country without appointing an agent or proposing another arrangement for payment accepted by the State insurance bank. The Committee wishes to point out in this connection that under Article 5 of the Convention, employment injury benefit, in particular, must be transferable both to nationals and to the nationals of any other State that has accepted the obligations of the Convention in respect of the branch in question, as well as to refugees and stateless persons, when they are resident abroad. The provision of these benefits must be guaranteed automatically and without any conditions or restrictions, regardless of the beneficiary's country of residence, even if no bilateral or multilateral social security agreements have been concluded with the country in question (subject, where appropriate, to administrative assistance which the States which have ratified the present Convention must afford each other under Article 11).

Accordingly, the Committee would be grateful if the Government would specify whether the benefits paid to an agent in Uruguay under section 33, subsection 1, of Act No. 16/074 of 1989 can be freely transferred by the agent to the beneficiaries residing abroad, and to specify the other arrangements for payment accepted by the State insurance bank under this provision. It also asks the Government to communicate the rules governing the transfer of funds abroad. Furthermore, the Committee would be grateful if the Government would indicate the measures it plans to take to ensure that the competent social security institution secures direct payment of benefits in the country of residence for beneficiaries entitled to such benefits under the the Convention, particularly where the latter have neither the possibility nor the financial means to appoint an agent.

The Government is also asked to provide statistical information on the number of beneficiaries residing abroad and the value of any benefits transferred, stating in particular whether the beneficiary's country of residence is a country with which no bilateral agreement has been concluded.

(b) The Committee also notes that under the last subsection of section 33 of Act No. 16/074 of 1989, dependants of workers who have died as a result of an industrial accident or occupational disease who were living abroad at the time of the accident or the illness are entitled to receive the benefits due only from the date on which they settle in the country and for the period during which they reside there. Since such condition of residence is incompatible with Article 5 of the Convention, the Committee hopes that in its next report the Government will be able to indicate the measures that have been taken or are contemplated to bring the national legislation into conformity with the Convention and to ensure that in all cases the provision of employment injury benefit to deceased workers' dependants residing abroad (regardless of whether they are nationals of Uruguay, refugees, stateless persons or nationals of another country that has accepted the obligations of the Convention in respect of branch (g) of Article 2).

Article 6. The Committee notes the Government's statement that an amendment to the general family allowance scheme is currently being examined. It hopes that the amendment will also modify the provisions of Legislative Decree No. 15084 of 18 November 1980 on which it commented previously, so as to grant, in accordance with Article 6 of the Convention, family allowances to its own nationals and to the nationals of any other Member concerned which has accepted the obligations of the Convention for branch (i), and to refugees and stateless persons, in respect of children who reside on the territory of any such Member, under conditions and within limits to be agreed upon by the Members concerned. (To date: Bolivia, Central African Republic, Cape Verde, France, Guinea, Ireland, Israel, Italy, Libyan Arab Jamahiriya, Mauritania, Netherlands, Norway, Tunisia and Viet Nam.) The Committee asks the Government to provide information on the progress made in this respect.

[The Government is asked to report in detail for the period ending 30 June 1993.]