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

Employment Injury Benefits Convention, 1964 [Schedule I amended in 1980] (No. 121) - Uruguay (Ratification: 1973)

Articles 13, 14 and 18 of the Convention (in conjunction with Article 19 or 20 as the case may be). Level of benefits. Article 21. Review of the rates of long-term cash benefits. In spite of the Committee’s repeated requests, the Government does not supply in its reports the statistical information required by the report form adopted by the Governing Body of the ILO on the level of benefits and their adjustment to changes in the cost of living. The lack of this information makes it impossible for the Committee to assess whether the rate of periodical payments guaranteed by national legislation meets the minimum standards established by the Convention in respect of cash benefits for partial incapacity (Article 13), for loss of earning capacity likely to be permanent (Article 14), and in the event of the death of the breadwinner (Article 18). The Committee recalls that in case the Government is experiencing difficulties in compiling the information requested, it may avail itself of the technical assistance of the Office. The Committee is bound to conclude that the Government is not complying with its obligations under the Convention to provide the necessary information.

Uninsured employers. Pursuant to section 8, second subsection, of Act No. 16074 on industrial accident and occupational disease insurance of 1989, compensation paid by the State Insurance Fund to victims of employment injury employed by uninsured employers is calculated on the basis of the national minimum wage. In its latest report, the Government supplies information on the number and type of benefits paid to such victims and the total amounts to be recovered by the Fund with employers concerned. While taking note of this information, the Committee would like the Government to calculate the replacement rate obtained in the case of an uninsured victim of employment injury having the same earnings and dependants as the standard beneficiary envisaged by Article 19 or 20 of the Convention. Please indicate the number of employers and of their employees exempted from compulsory insurance against employment injuries, and explain the reasons for such exemption.

Article 9. Abolition of the three-day waiting period. Article 11. Medical assistance at home. Referring to its previous comments relating to the three-day waiting period for the payment of cash benefits, provided for in section 19(V) of Act No. 16074 of 1989, the Committee notes that the Government’s report does not contain any information on envisaged gradual steps to abolish this waiting period and thus bring its legislation into line with Article 9(3) of the Convention. Furthermore, the Committee observes that section 11(2) of Act No. 16074 of 1989 which Act provides for the transfer of any worker who has suffered an occupational accident from the medical assistance centre to his home and vice versa, does not give effect to Article 10(a) of the Convention which refers to the provision of medical assistance at the home of the worker, if necessary. The Committee is therefore bound to reiterate the hope that the Government will take the necessary measures to give full effect to the abovementioned provisions of the Convention.