Demande directe (CEACR) - adoptée 1990, publiée 77ème session CIT (1990)

Articles 12 and 21 of the Convention. The Committee takes note of the communication from the Union of Workers, Engineers, Specialists and Other Employees of the El Indio Mining Company, dated 5 June 1989, concerning the determination of invalidity pensions in a law suit. In its communication, the Union requests recognition of the entitlement to a common invalidity pension, in conformity with Legislative Decree No. 3500, with effect from the date of Opinion IV-0084-84. The above communication was submitted to the Government so that it could make any comments it deemed appropriate.

In this connection, the Committee wishes to point out that it is not its function to pronounce on individual situations, which is the responsibility of the national authorities. The Committee's function is to ensure that the national legislation provides for the right of appeal to tribunals, as required by the Convention. In this connection, the Committee notes the Government's statement that, as regards administrative bodies, there are various authorities to whom appeals may be referred, all of which come under an organ other than the one which manages the insurance. With regard to judicial bodies, it is possible to appeal before the labour courts whose attributions include settling appeals against decisions handed down by the administrative authorities concerning workers' insurance or social security. In addition, in the event of a law suit concerning the benefits, the insured persons and their dependents may claim their entitlements on the basis of section 390 of the Labour Code before the ordinary courts of law, whatever the administrative decision obtained, and even in the absence of, or against such a decision.

The Committee also notes that further comments on this matter, dated 6 March 1990, were received from the above-mentioned Union and that they would be communicated to the Government so that it could make any observations it deemed appropriate. The Committee hopes that the Government will be able to make its observations in time for the Committee to re-examine this case at its next meeting. [The Government is asked to report in detail for the period ending 30 June 1990.]