Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Equality of Treatment (Social Security) Convention, 1962 (No. 118) - Uruguay (Ratification: 1983)

Article 5 of the Convention (in conjunction with Article 8). Survivors’ benefits and employment injury benefits. With reference to its previous comments, the Committee recalls that, under the terms of section 33(1) of Act No. 16.074 of 1990, when beneficiaries are resident in another country without nominating an agent, the payment of benefits is suspended. Moreover, the dependants of workers who have 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, are entitled to receive the benefits only on the date on which they settle in Uruguay, and only for the period during which they reside there (section 33(3) of the Act). The Committee wishes to emphasize once again that Article 5 of the Convention establishes the obligation for countries which ratify it to ensure the provision, of employment injury pensions among other benefits, both to its own nationals and to the nationals of any other Member which has accepted the obligations of the Convention in respect of the corresponding branch, when they are resident abroad. In this context, Article 8 of the Convention recognizes that the conclusion of agreements for the maintenance of these rights is one of the principal means of guaranteeing the obligations deriving from the Convention. While regretting that the Government has not undertaken to bring the national legislation fully into conformity with the above international obligations, the Committee hopes that the necessary measures will be taken in the near future. The Committee requests the Government to provide information as to developments in this regard.