Demande directe (CEACR) - adoptée 2000, publiée 89ème session CIT (2001)

With reference to its observation, the Committee notes the detailed information supplied by the Government in reply to its earlier comments, and wishes to make the following remarks.

1.  In view of the explanations given by the Government on the following points raised in its previous comments, the Committee hopes that at a future review of the legislation covering this field, the Government: (a) will not fail to abolish the waiting period of three days for payments of cash benefits established under Act No. 16074 of 1989, to ensure that payment of such benefits takes place from the first day of incapacity, in conformity with Article 9(3) of the Convention; (b) will not encounter obstacles in guaranteeing by law, both expressly and in general, the right to domiciliary visiting where this is deemed necessary as a result of the state of the patient and the circumstances of the case, in accordance with Article 10(1)(a).

2.  Articles 13, 14 and 18 (in conjunction with Article 19).  In reply to earlier comments by the Committee, the Government states in its report that there is no ceiling for the amount of the wage used as a basis for calculating benefits, in application of section 18 of Act No. 16074 of 1989 and that payment of benefits is made in accordance with sections 19 and following of this Act. The Committee observes that, in the absence of the ceiling mentioned above, the level of benefits calculated on the basis of the rules provided under Act No. 16074, will be in harmony with the level provided by these provisions of the Convention. However, it wishes the Government to confirm this conclusion in its next report through the statistical data requested under Article 19 of the report form on the Convention adopted by the Governing Body.

3.  Finally, the Committee again asks the Government to supply information on the application in practice of the second paragraph of section 8 of Act No. 16074, and in particular to include statistical information on the amount of benefits of workers whose employers are not insured.