Workmen's Compensation (Accidents) Convention, 1925 (No. 17) - Mexico (Ratification: 1934)

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

In order to provide a comprehensive view of the issues related to the application of ratified Conventions on social security, the Committee considers it appropriate to examine Conventions Nos 17 (workers’ compensation, accidents), 102 (social security, minimum standards) and 118 (equality of treatment, social security) together .

Article 2 of Convention No. 17. Coverage of workers for occupational accidents. (i) Coverage of apprentices. The Committee notes the information provided by the Government in response to its previous comment, in which the Committee requested the Government to explain how persons working in an enterprise or institution within the framework of vocational training were protected, in law and in practice, in the event of an employment accident, in accordance with the Convention.

The Committee notes the Government’s indication in its report that the Federal Labour Act provides for a legal status similar to that of apprenticeship, called “recruitment for initial training”, through which workers acquire the knowledge or skills needed to perform the activity for which they may be recruited. The maximum duration of initial training is three months, with the possibility of extension to six months in higher posts, and a written employment contract must be issued to ensure the worker’s social security coverage. The Committee notes that the Act also provides for an additional trial period of 30 to 80 days, enabling the worker to benefit from social security coverage during that period. Finally, the Committee notes that the Political Constitution of the United States of Mexico provides, in Article 123(A), that employers shall pay the compensation arising from employment accidents and occupational diseases of workers, irrespective of the occupational category of the workers. The Committee takes due note of this information.

(ii) Coverage of certain workers in the public sector for employment accidents. In its previous comments, the Committee requested the Government to provide statistical data on the number of public sector workers who are not covered by employment accident insurance, and to take the measures necessary to include these categories of workers in the compulsory social security system, including in the event of employment accidents. In this regard, the Committee takes note of the Government’s reply, indicating that in the first quarter of 2016, out of almost 5 million public sector workers, 670,688 persons, equivalent to 13.6 per cent of workers, did not have access to social security. The Committee recalls that Article 2 of the Convention provides that the laws and regulations as to workers’ compensation for industrial accidents shall apply to workers, employees and apprentices employed by any enterprise, undertaking or establishment of whatsoever nature, whether public or private. The Committee therefore requests the Government to take the necessary measures to ensure compensation for all victims of industrial accidents covered by the Convention, or their dependants, in conformity with the Convention. The Committee also requests the Government to provide information on any measure taken or envisaged in this regard.

Article 5 of Convention No. 17. Employment accident compensation paid in the form of a lump sum. In its previous comment the Committee noted that under section 58(III)(3) of the Social Insurance Act (LSS) of 1995, when the rate of permanent partial incapacity is between 25 and 50 per cent, an insured person may choose between the payment of either a pension or a lump sum, and requested the Government to take the necessary measures to comply with Article 5 of the Convention. The Committee notes the Government’s response, confirming that the payment of a lump sum in lieu of a pension is not in compliance with the substantive principle of the protection of insured persons set out in the Political Constitution of the United States of Mexico. In practice, the beneficiary might not put aside sums for habitual medical services, nor foresee the extent of his or her expenses, thus placing the objective of the compensation in jeopardy.

In view of the above, and observing the absence of sufficient guarantees for the competent authority to be satisfied that the lump sum be properly utilized, the Committee considers that the condition set out in Article 5 of Convention No. 17 for the compensation to be paid in the form of a lump sum instead of a periodical payment is not met. The Committee therefore requests the Government to take the necessary measures to give effect to this provision of the Convention, and to provide information on the measures taken or envisaged in this regard.

Article 8 of Convention No. 17. Procedure for reviewing the degree of incapacity. The Committee notes the information provided by the Government on the provisions on reviewing the degree of incapacity after a period of two years contained in section 60 of the LSS.

Article 10 of Convention No. 17. Normal wear and tear of artificial limbs and surgical appliances. In its previous comments, the Committee requested the Government to indicate the manner in which the right of victims of occupational accidents to the renewal of artificial limbs and surgical appliances following normal wear and tear was implemented in practice. The Committee notes the Government’s indication that the LSS provides for the supply of artificial limbs and surgical appliances, and that the medical and administrative policies and activities that the personnel of the Mexican Institute of Social Security (IMSS) must apply are set out in the Procedure for the provision or repair of artificial limbs, surgical appliances and functional aids to insured patients in the physical medicine and rehabilitation services and units of the IMSS (2680-A03-002). The Committee also observes that section 61 of the Act on the ISSSTE of 2007 envisages the provision in kind of prosthetic and orthopaedic appliances. The Committee requests the Government to indicate the laws or regulations that provide for the right to the normal renewal of artificial limbs and surgical appliances for workers affiliated to the ISSSTE and for other workers protected by the Convention.

Article 11 of Convention No. 17. Guarantees in the event of the insolvency of the insurer. In its previous comments, the Committee requested the Government to indicate how the payment of compensation for occupational accidents is guaranteed in the event of the insolvency of the insurer, despite preventive measures; whether mechanisms have been established to protect workers’ claims in the event of the insolvency or dissolution of insurers; and to what extent and in what manner the State could intervene to take the place of insurers to compensate for such losses.

The Committee notes that according to the Government, pursuant to sections 5(I) and (XIIIbis) and 56 of the Retirement Savings Systems Act (LSAR) of 1996, the National Commission for the Retirement Savings System is responsible for taking all the necessary measures to protect workers’ interests. It further notes that in accordance with sections 26 and 27(II), in conjunction with section 2(VI) of the Insurance and Financial Institutions Act (LISF) of 2013, insurance institutions or mutual societies may provide the insurance deriving from social security laws. The Committee also notes that the IMSS may enforce payment of social security contributions through the administrative enforcement procedure, while intervention by other bodies responsible for providing the pensions required by the IMSS means that the legal basis for life annuities and survivors’ benefits is set out in the Social Security Act, the LSAR and the LISF. The Committee further notes that, in accordance with the LISF, insurance institutions are required to constitute reserves and special funds for each of the social security schemes, and that the trustees of the trusts include the Federal Government. The Committee requests the Government to indicate whether, insofar as investment companies administered by insurers are concerned special funds and reserves exist to guarantee the solvency of the insurance institutions whether the State assumes responsibility for the compensation of workers in the event of insolvency of insurers, and to indicate the relevant provisions of the national legislation that so provide.

Part III (Sickness benefit), Article 18 of Convention No. 102. Limitation of the period of provision of sickness benefit. In its previous comments, the Committee noted the Government’s indication that, under section 37 of the Act on the ISSSTE, sickness benefits are paid for a period ranging from 30 to 120 days, depending on the seniority of the worker concerned. Recalling that pursuant to the Convention, the benefit shall be granted throughout the contingency, while authorizing the period during which the benefit is paid be limited to 26 weeks in each case of sickness, the Committee requested the Government to indicate the measures taken or envisaged to ensure compliance with this requirement of the Convention.

In this regard, the Committee notes that according to section 37 of the Act, the financial aid may continue for up to 78 weeks (52 weeks initially, and 26 weeks subsequently). This section 37 also states that workers with under one year of service may be granted leave of up to 30 days; those with between one to five years of service, up to 60 days; those who have between six and ten years of service, up to 90 days; and those who have more than ten years of service, up to 120 days, of which half are paid in full, with the second half at 50 per cent. If, at the expiry of the leave, the worker remains incapacitated for work, he or she shall be granted unpaid leave for the duration of the incapacity, for up to 52 weeks from its onset and, during the period of unpaid leave, the Institute shall pay the worker the cash equivalent of 50 per cent of the basic wage he or she was receiving at the moment of the incapacity, extended by 26 weeks if the incapacity continues. Taking into account the average number of benefits provided, the Committee requests the Government to specify whether the maximum sickness subsidy of 78 weeks’ duration is guaranteed after the expiry of the sick leave for all the above groups of workers affiliated to the ISSSTE, irrespective of their years of service, as well as to workers with less than one year of service.

Part V (Old age benefit), Article 29(2)(a) of Convention No. 102. Reduced pension after 15 years of contribution or employment. The Committee notes the Government’s indication, in response to the Committee’s request for information regarding the right to a reduced old-age pension after 15 years of contribution or employment, that following the reform of the LSS of 16 December 2020: (i) the 1,250 weekly contributions required for entitlement to an old-age benefit has been reduced to 1000 weekly contributions; (ii) sections 154 and 170 of the LSS, as amended, provide for a qualifying period of 1000 weekly contributions for entitlement to the old-age benefits branch, and to the guaranteed pension, approximately corresponding to 20 years of contributions: (iii) transitional section 4 of the Decree reforming the LSS provides for a transitional qualifying period of 750 weeks in 2021, corresponding to 15 years, which will be increased by 25 weeks annually so as to reach the 1000 weeks provided in section 170 in 2031.

The Committee also notes that under the ISSSTE pensions scheme (section 80 of the Act on the ISSSTE of 2007), it is possible to obtain an old-age pension having contributed for under 15 years, provided that there are sufficient resources attained in the individual account for a pension 30 per cent higher than the amount of the corresponding guaranteed pension. However, the Committee observes that the number of years necessary for the attaining the required level of resources to have a right to a pension may vary for different persons, and that the law does not guarantee the right to a reduced pension to all persons protected who have completed 15 years of contribution or employment, as required by Article 29(2) of the Convention. The Committee however notes that transitional section 10(I)(c) of the Act on the ISSSTE of 2007 provides for the possibility of obtaining an old-age pension after ten years of contributions.

The Committee also takes note of the measures indicated by the Government to reduce the number of weeks of contribution required to obtain a right to a reduced pension by the insured persons under the IMSS pension scheme with a view to apply Article 29(2) of the Convention.

The Committee requests the Government to specify whether both the ISSSTE and the IMSS pension schemes following the transitional period 2021-2022, as envisaged in the reform Decree of 16 December 2020, will guarantee a reduced old-age benefit for all affiliated workers who have completed a qualifying period of 15 years of contribution or employment. The Committee also requests the Government to provide the statistical information to demonstrate the application of Article 29 of the Convention.

Part XIII (Common provisions), Articles 71(3) and 72(2). General responsibility of the State for the due provision of benefits and for the proper administration of social security institutions and services. The Committee notes that, in response to its request to provide an actuarial evaluation of the various pension and health service schemes, the Government indicates that the ISSSTE produces annually the Financial and Actuarial Report (IFA) and the Financial and Actuarial Valuation (VFA). The Committee further notes the references to the editions for recent years provided by the Government. In addition, Government indicates Decision No. 15.1368.2019 approving the ISSSTE’s Institutional Programme 2019-2024, which provides, inter alia, for an analysis of the current state of the Institute, including an assessment of the problems, objectives and priorities. The Committee requests the Government to report the action taken for the implementation of the ISSSTE Institutional Programme 2019-2024, in light of the provisions of Articles 71(3) and 72(2) of the Convention.

Article 5, in conjunction with Article 10 of Convention No. 118. Payment of long-term benefits abroad. Taking note of the information provided by the Government in response to its previous comments, the Committee once again requests the Government to provide information on the benefits provided to its own nationals and to refugees and stateless persons in the event of residence in a country with which no bilateral agreement has been concluded.

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

Article 2 of the Convention. Coverage of apprentices. With reference to its previous comments, the Committee notes the Government’s indication that the concept of “apprentice” is not provided for in the Federal Labour Act (LFT) or in the Social Insurance Act (LSS). Persons benefiting from the compensation provided for in the LSS in the event of an employment accident are those who are affiliated to the social security system on the basis of their employment relationship, in accordance with section 12(I) of the LSS. The Government indicates that if the situation envisaged by this provision of the Convention should nevertheless cease, the Constitution provides that the Convention should prevail over national legislation. The Committee would be grateful if the Government would explain how persons working in an enterprise or institution within the framework of vocational training are protected, in law and in practice, in the event of an employment accident, in accordance with the Convention, which guarantees them, among other measures, periodical payments in the event of permanent incapacity resulting from an accident.

Coverage of certain employees in the public sector. In reply to the Committee’s previous direct request, the Government indicates that it does not have statistical information concerning the number of public sector workers excluded from compulsory social insurance, but provides figures on the numbers of voluntarily insured persons under section 13(V) of the LSS, according to which their numbers rose from about 415,000 in January 2009 to 439,000 in May 2011. The Committee recalls that Article 2(1) of the Convention provides that national legislation on employment accidents shall apply to all workers, employees or apprentices employed by any enterprise, undertaking or establishment of whatsoever nature, whether public or private. Consequently, voluntary affiliation to employment accident insurance for a category of workers covered by the Convention does not give full effect to this provision. The Committee therefore requests the Government to provide statistical data on the number of public sector employees who are not covered by employment accident insurance and to take the necessary measures to secure that these categories of workers are subject to compulsory social insurance, including employment accidents.

Article 5. Employment accident compensation paid in the form of a lump sum. Under the terms of section 58 III(3) of the LSS, when the rate of permanent partial incapacity is between 25 and 50 per cent, the beneficiary may choose between the payment of either a pension or a lump sum. The Government indicates in its report that, if a beneficiary exhausted the lump sum, such a person would not be without protection as her or his remaining capacity for work would still be available. The Committee recalls that this provision in the Convention provides that employment accident compensation may be paid wholly or partially in a lump sum, if the competent authority is satisfied that it will be properly utilized. The Committee therefore once again invites the Government to take necessary measures to guarantee compliance with this provision of the Convention (please also refer to the direct request made under Convention No. 102).

Article 8. Procedure for reviewing the degree of incapacity. The Committee notes the Government’s indication that insured persons whose medical condition so requires may request a review of the level of their incapacity after the expiry of the initial two-year period provided for by section 60 of the LSS. The Government is requested to indicate the relevant laws or regulations in that regard.

Article 10. Normal wear and tear of artificial limbs and surgical appliances. With reference to the Committee’s previous comments, the Government indicates that, although the LSS does not provide for a specific renewal process for artificial limbs and surgical appliances, the supply of these appliances is provided for by law and must be granted by doctors for the rehabilitation of patients. The Committee wishes to recall that the renewal of artificial limbs and surgical appliances due to their normal wear and tear is a right set out by the Convention. The Government is therefore requested to indicate how this right is implemented in practice.

Article 11. Guarantees in the event of the insolvency of an insurer. In its previous comments, the Committee requested the Government to indicate how the payment of compensation to accident victims and their dependants is ensured in the event of the insolvency of an insurer chosen by the victims for the payment of their pensions.

In its reply, the Government indicates that, in accordance with the national Constitution, the State is the guarantor of workers’ rights and welfare. Regulations on the operation of insurance schemes under the social security system, including the investment of amounts accumulated in the individual accounts of insured persons, were adopted by the Secretariat of Finance and Public Credit and by the National Insurance and Finance Commission. Since 1996, the LSS has been supplemented by the Decree issued under the Pensions Savings Act, which introduced the concepts of life annuities and survivors’ pensions. Since then, insurance has consisted of two stages: first, a premium paid from the employer’s contribution to a social public insurer, which spreads the risk for the most vulnerable based on the criteria solidarity, and another premium to be paid by the Mexican Institute of Social Security (IMSS) to a private insurer chosen by the insured person. The IMSS has to ensure that the choice of insurer by each insured person is duly informed in awareness of all the available options. The Government adds that section 56 of the Pensions Savings Act is intended to safeguard the rights of workers through the transfer to a special account of the resources of investment companies administered by the insurers in the event of their insolvency or liquidation.

While noting this information, the Committee is bound to observe that the precautionary measures described by the Government aim to prevent the risk of insolvency, but do not indicate the manner in which payment of employment accident compensation would be guaranteed were insolvency to arise despite these preventive measures. The Government is therefore asked to provide the necessary clarifications on this matter. The Committee would also be grateful if the Government would indicate whether the mechanisms for the protection of workers’ claims in the event of the insolvency or dissolution of insurers have already been implemented. Please also indicate how and to what extent the State could intervene financially to take the place of insurers to compensate for losses suffered by such insurers.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee takes note of the Government’s report and wishes to draw attention to the following points.

Article 2 of the Convention. (a) In its previous comments, the Committee asked the Government to indicate whether, and if so under which provisions, apprentices are covered by the occupational injury compensation scheme established in the Social Insurance Act. The Government indicates in this connection that, under Mexican labour law, apprentices have the same status as “pupilos”, and refers the Committee to section 351 of the Federal Labour Act which regulates family undertakings. The Committee observes, however, that the information supplied mentions only the labour legislation applying to family undertakings and does not specify the provisions under which apprentices are covered by law for occupational accident compensation in any enterprise, undertaking or establishment of whatsoever nature, whether public or private, in conformity with this provision of the Convention. It therefore once again expresses the hope that the Government will provide this information in its next report.

(b) Under section 3 V of the Social Insurance Act, workers employed by federal public administrations, federal bodies and municipalities whom the law does not treat as being covered by social security may participate in the social security scheme on a voluntary basis. In its latest report, the Government indicates that the abovementioned provision of the Social Insurance Act aims to allow certain public entities which are unable to establish a social security service equivalent to the one offered by the Social Insurance Institute, to offer the workers concerned the possibility of joining the statutory scheme. The Government refers, in this connection, to certain provisions of the membership regulations setting forth the conditions in which such workers may join the statutory social insurance scheme covering occupational accidents. While taking note of this information, the Committee is bound to remind the Government once again that, according to Article 2, paragraph 1, of the Convention, the laws and regulations on accident compensation must apply to workers, employees and apprentices employed by any enterprise, undertaking or establishment of whatsoever nature, whether public or private. Consequently, workers excluded from the scope of the statutory social insurance scheme must have coverage under an occupational accident compensation scheme that meets the requirements of the Convention. Joining an accident insurance scheme on a voluntary basis cannot suffice in that the workers in question are covered by the Convention and so are entitled to demand coverage of the kind established in the Convention, even where they are not affiliated. The Committee therefore asks the Government to provide detailed information on the manner in which workers excluded from compulsory social insurance have protection equal to that established by the Convention in all circumstances. Please also specify the number of workers employed in public enterprises, undertakings or establishments excluded from statutory social insurance, and the number of persons who participate in the latter on a voluntary basis under section 13 V of the Social Insurance Act.

Article 5. According to section 58 III(3) of the Social Insurance Act, when the rate of permanent partial incapacity is between 25 and 50 per cent, the beneficiary may choose between the payment of either a pension or a lump sum. The Convention, however, establishes the principle that the compensation payable in the event of death or permanent incapacity must be paid in the form of periodical payments, and that payment in the form of a lump sum is authorized only on an exceptional basis where trustworthy guarantees of the proper utilization of the lump sum are provided to the competent authorities. The Committee infers from the statistical information sent by the Government that a large percentage of the cases of permanent incapacity resulting from occupational accidents are concerned by payment in the form of a lump sum. Further to its previous comments, the Committee observes that the Government provides no information regarding the requisite guarantees of proper utilization of the lump sum, payment of which implies forfeiting any future periodical payments. The Committee accordingly points out that payment of a lump sum in the event of permanent incapacity or death is authorized by the Convention on an exceptional basis where the workers or their dependants provide guarantees that the funds will be used properly and in such a way as not to jeopardize their future standard of living. It therefore asks the Government to re-examine the matter and to indicate in its next report the measures taken or envisaged to bring national law and practice into line with the Convention (please refer also to the comments under point 2 of the direct request pertaining to Convention No. 102).

Article 7. In its previous comments, the Committee requested the Government to state whether the assistance provided for in section 140 can also be provided to victims of occupational accidents requiring the constant assistance of another person, which corresponds to a supplement to the amount of the pension which may attain 20 per cent. The Committee notes that the Government does not provide the information requested and that it refers to section 59 of the Act which provides that the compensation for total permanent incapacity includes family and assistance allowances. The Committee therefore once again asks the Government to indicate whether the abovementioned assistance allowance is paid to injured workers with temporary incapacity who require the constant assistance of another person.

Article 8. The Committee again asks the Government to state whether, and if so under which provisions, the degree of incapacity of the injured person may be reviewed after the initial two-year period.

Article 10. Under section 56 of the Social Insurance Act, victims of an employment accident may benefit from the provision of artificial limbs and surgical appliances. With regard to the renewal of these, the Government refers to section 17 of the Medical Services Regulations which provides, inter alia, that the same services and appliances are supplied in the event of a relapse linked to occupational risks where the victim retains the status of insured person or receives a periodical payment for permanent incapacity. The Committee notes this information but points out that it does not indicate the manner in which artificial limbs and surgical appliances are renewed, in relation to normal wear and tear, for example. The Government is accordingly asked to provide relevant information in this regard.

Article 11. In its previous comments, the Committee requested the Government to indicate the extent to which provision of the compensation due to victims of accidents and their dependants is guaranteed in the event of the insolvency of the insurance company selected by these beneficiaries for the payment of their pensions.

In its report, the Government indicates that the insurance companies have to establish reserves of various kinds to enable them to pay the pensions of victims of occupational accidents whom they cover for lifetime annuity or survivors’ insurance. These companies replace the Social Insurance Institute and their aim is to ensure that the earnings on their investments will be sufficient to provide the benefits throughout the contingency. While taking due note of this information, the Committee is bound to point out that the prudential measures described by the Government aim to prevent the risk of insolvency, but do not indicate the manner in which payment of workers’ compensation would be guaranteed were insolvency to arise despite these preventive measures. The Government is therefore asked to provide relevant information on this matter.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the Government's last report and, in particular, the information on the new Social Insurance Act, which came into force on 1 July 1997. It also notes the comments made by the Mexican Confederation of Chambers of Industry (CONCAMIN) and the Confederation of Mexican Workers (CTM).

The Committee notes that the Social Insurance Act introduces important changes in the occupational injury compensation scheme. It would therefore be grateful if the Government would provide detailed information in its next report on the consequences of this legislation on each of the Articles of the Convention, in accordance with the report form for the Convention. In this respect, the Committee draws the Government's attention to the following points:

Article 2 of the Convention. (a) The Committee requests the Government to indicate whether, and under which provisions, apprentices are covered by the occupational injury compensation scheme set out in the Social Insurance Act.

(b) The Committee notes that, under section 13 V of the Social Insurance Act, workers employed by federal public administrations, federal bodies and municipalities who are not considered to be covered by the social security under the terms of the law may participate in the social security scheme on a voluntary basis. It recalls that, in accordance with Article 2 of the Convention, laws and regulations as to workmen's compensation shall apply to workmen, employees and apprentices employed by any enterprise, undertaking or establishment of whatsoever nature, whether public or private. It requests the Government to provide additional information on the occupational accident compensation scheme applicable to workers employed in public enterprises or establishments and to indicate the persons who are likely to participate voluntarily in the compulsory social security scheme under the terms of the above section 13 V of the Social Insurance Act.

Article 5. The Committee notes that, under section 58 III(3) of the Social Insurance Act, when the rate of permanent partial incapacity is between 25 and 50 per cent, the beneficiary may choose between the payment of a pension or a lump sum. In this respect, the Committee recalls that this provision of the Convention establishes the principle that the compensation payable in the event of death or permanent incapacity must be paid in the form of periodical payments, and that its payment in the form of a lump sum is only authorized on an exceptional basis where trustworthy guarantees of the proper utilization of the lump sum are provided to the competent authorities. It therefore requests the Government to indicate whether the payment of the compensation in the form of a lump sum, at the request of the beneficiary, is subject to the provision of such guarantees. Please also provide statistics on the percentage of beneficiaries opting for the payment of the compensation in the form of a lump sum.

Article 7. With reference to its previous comments, the Committee notes with interest the information provided by the Government in its report to the effect that, under section 140 of the Act, the Mexican Social Security Institute provides assistance to injured pensioners whose physical condition requires the assistance of a third person and that this assistance corresponds to a supplement to the amount of the pension which may attain 20 per cent. The Committee notes that the above section 140 forms part of Chapter V, Title III, of the Act, which concerns invalidity and survivors' insurance. It therefore requests the Government to confirm that the assistance provided for in section 140 can also be provided to victims of occupational accidents requiring the constant assistance of another person, and particularly those suffering from temporary incapacity.

Article 8. The Committee notes that under section 61 of the Act, for two years following the recognition of total or partial permanent incapacity, the Mexican Social Security Institute or the beneficiary may at any moment request the revision of the degree of incapacity. It would be grateful if the Government would state whether, and under which provisions, the degree of incapacity of the victim may be reviewed after this two-year period.

Article 10. Under section 56 of the Act, victims of an employment accident may benefit from the provision of artificial limbs and surgical appliances. The Committee requests the Government to indicate whether, and under which provisions, the beneficiaries are entitled to the renewal of such artificial limbs and appliances as are recognized to be necessary, in accordance with this provision of the Convention.

Article 11. The Committee requests the Government to indicate the extent to which the provision of the compensation due to victims of accidents and their dependants is guaranteed in the event of the insolvency of the insurance company selected by the above beneficiaries for the payment of their pensions.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes the information and the detailed statistics on occupational injuries supplied by the Government in its report.

Article 5 of the Convention. With reference to its previous comments, the Committee notes that the number of workers protected by the social security scheme for state workers has passed from 1,805,651 in 1991 to 1,944,154 in 1992. It however notes that the Government's report does not contain any new information concerning the progressive extension of the compulsory social security scheme for industrial accidents to the geographical areas not yet incorporated in it. The Committee recalls that workers from such areas continue to be subject to the provisions of the Federal Labour Law (sections 492, 495 and 502) which provide exclusively for the payment of compensation for permanent incapacity or death resulting from occupational injury in the form of a lump sum, whereas this Article of the Convention lays down the principle of compensation in the form of periodic payments throughout the contingency and only authorizes payment in a lump sum if the competent authority is satisfied that it will be properly utilized. The Committee therefore hopes that the Government's next report will indicate measures taken in practice to extend progressively the social security scheme for industrial accidents throughout the country so as to protect all the employees covered by the Convention. Please also specify the geographic areas which are not yet covered by the compulsory social security scheme.

Article 7. In reply to the Committee's previous comments, the Government states that for the moment it does not consider it possible to include a formal provision, as suggested by the Committee, into the Social Insurance Act to explicitly provide for additional compensation in cases where an injured worker must have the constant help of another person. The Government states that such a provision would increase the financial difficulties of the social security system and would require making technical modifications throughout the text of the Act. While taking due note of the difficulties involved, the Committee once again expresses the hope that in a future revision of the legislation, the Government will not fail to include an express provision corresponding to that of the Convention.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes the information supplied by the Government in its report and the detailed statistics concerning occupational risks.

Article 5 of the Convention. The Committee notes the information concerning the progressive extension of the compulsory social security scheme for industrial accidents to other municipalities in the country. The Committee hopes that the extension of the scheme will be continued to all the employees covered by the Convention and requests the Government to continue supplying information in this connection.

Article 7. In reply to the Committee's previous comments, the Government indicates that it does not consider it to be urgent to include a formal provision, as suggested by the Committee, into the Social Insurance Act (for example, after section 66) to explicitly lay down that additional compensation should be provided in cases where injury results in incapacity of such a nature that the injured workman must have the constant help of another person. The Government will supply information on the progress achieved in this connection. However, the current economic situation is not favourable to national social security schemes. The Committee notes the above information. It once again hopes that at the appropriate time the Government will take the necessary steps to include a provision in the legislation that corresponds to the terms of the Convention in order to avoid any doubt or misunderstanding in this respect.