Solicitud directa (CEACR) - Adopción: 1989, Publicación: 76ª reunión CIT (1989)

The Committee requests the Government to refer to its observation. Furthermore, it notes the Government's reply to its previous direct requests and wishes to point out the following:

1. Part VI (Employment injury benefit), Articles 34, 36 and 38 of the Convention (relating also to Article 69). The Committee requested the Government to take the necessary measures to amend sections 218, 228 to 232, 237 to 239, 243 and 199 of Act No. 6727, of 1982, in order to bring them into conformity with the above-mentioned provisions of the Convention concerning: (a) the nature of medical care, which must be similar to that mentioned in Article 34 of the Convention and be provided free of charge throughout the contingency (namely, until the recovery or the stabilisation of the person's incapacity); (b) the grant of cash benefits, also throughout the contingency in the event of a minor or partial, permanent disability and in the event of death. In fact, under the above-mentioned sections of Act No. 6727, such benefits are, in both cases, paid for a period of five or ten years depending on the circumstances, whereas the Convention stipulates that they must be provided throughout the contingency (that is to say, to the victims for their life and to their dependants for as long as they fulfil the conditions prescribed under national law); (c) the suspension of benefits in some cases not covered by the Convention (such as drunkeness and the use of drugs).

In its latest report, the Government indicates that with regard to medical care, it is considering, through the Costa Rican Social Security Fund, how it could regulate the matter in conformity with the provisions of the Convention, and that it has referred the question of the duration of medical benefits, provided for in section 237, to the National Insurance Institute, the body responsible for such matters. As regards cash benefits and cases where benefits are suspended, the Government indicates that a tripartite commission composed of representatives of the Ministry of Labour, the Costa Rican Social Security Fund and the National Insurance Institute is considering the question of bringing Act No. 6727 into conformity with the Convention. Furthermore, the amendments proposed, particularly those to sections 218, 228, 232, 237, 238, 239 and 243 of the above-mentioned Act are to be studied in depth by a subcommission which is to submit a report on the matter to the Technical Committee responsible for drafting the new Labour Code. The Government adds that the proposals submitted by the latter Committee will be communicated to the ILO. The Committee notes that information with interest and trusts that the above-mentioned reforms can be carried out in the very near future and that they will bring national legislation into full conformity with the Convention.

2. Part VII (Family benefits), Article 44. In its earlier comments, the Committee requested the Government to specify whether the total value of the benefits granted to the persons protected (i.e. the total amount of the financial assistance provided to families in respect of dependant children, as well as the costs of supplying food or clothing in the various rural centres) represented, in accordance with Article 44: (a) 3 per cent of the wage of an ordinary adult male labourer, as determined in accordance with the rules laid down in Article 66, multiplied by the total number of children of persons protected; (b) or 1.5 per cent of the said wage, multiplied by the total number of children of all residents. The Government's report once again gives no information on that matter, but indicates that the question of family benefits has also been referred to the above-mentioned tripartite commission. The Committee notes that information and expresses once again the hope that the Government will not fail to communicate the statistical data requested above.

3. In its earlier comments, the Committee also requested the Government to provide it with statistical data to enable it to assess the extent to which the Convention was applied in respect of the rate of the various cash benefits granted under national legislation. Since the Government's report again contains no information on that subject, the Committee is bound to refer to that part of its earlier comments, which was formulated as follows, in the hope that the next report will contain the information requested:

Part XIV (Miscellaneous provisions), Article 76, paragraph 1(b)(ii), in conjunction with Articles 28, 36, 50, 56 and 62. The Committee notes from the Government's reply to its earlier comments that for the calculation of periodical old-age, maternity, invalidity and survivors' benefits the Government intends to refer to Article 66. It also notes the monthly wage rates of an ordinary adult male labourer selected in accordance with paragraphs 4(b) and 5 of Article 66. In spite of this information, the Committee is still not able to assess whether the percentage prescribed by the Convention is attained in respect of each contingency. Indeed, Article 66 can only be used for the calculation of benefits in a system where, as is the case in Costa Rica, benefits are calculated in relation to the earlier wages of the insured or of his family breadwinner, on condition that the benefits may not be lower than a prescribed minimum amount. (For the application of Articles 65 and 66, see the General Survey on Convention No. 102, paragraphs 15 and 16 (International Labour Conference, 1961, Third Part of the Report of the Committee of Experts).)

Consequently, the Committee would be grateful if the Government would supply the following information for the same reference period:

(a) the wage of the ordinary adult male labourer;

(b) the minimum amount of benefits paid to a standard beneficiary as established in the Schedule appended to Part XI of the Convention for each of the contingencies referred to by the following Articles of the Convention: Article 28 (Old-age benefit); Article 36 (Temporary incapacity, permanent incapacity and survivors' benefit in the event of employment injury); Article 50 (Maternity benefit); Article 56 (Invalidity benefit); and Article 62 (Survivors' benefits);

(c) the percentage represented by the minimum amount of benefits in respect of each of these contingencies in relation to the wage of an ordinary adult male labourer.

In the event that, for all or a number of the contingencies referred to by Articles 28, 36, 50, 56 and 62, the percentage mentioned under point (c) above does not attain the percentage prescribed in the Schedule appended to Part XI of the Convention or that, for one or another of the benefits, there is no minimum prescribed amount, the Government should then refer to Article 65 for the calculation of periodical benefits. In this case, the Government should supply the following statistics:

(a) the wage of a skilled manual male labourer defined in accordance with paragraph 6 or 7 of Article 65;

(b) the maximum amount of benefit, for each contingency, paid to a standard beneficiary, as defined in the Schedule appended to Part XI of the Convention;

(c) the limit envisaged by the national legislation with regard to the previous earnings of the beneficiary (or his family breadwinner) taken into account for the calculation of benefits. [The Government is asked to report in detail for the period ending 30 June 1990.]