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

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes the additional information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee has examined the application of the Conventions on the basis of the supplementary information received from the Government this year (see Part IV, Article 21, of Convention No. 102), as well as on the basis of the information available to it in 2019.

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on social security, the Committee considers it appropriate to examine Conventions No. 102 (minimum standards), No. 118 (equality of treatment), and No. 121 (employment injury benefits) together.

Part II (Medical care). Article 9, in conjunction with Article 10(1) of Convention No. 102. Coverage of the spouses of insured persons. The Committee notes the information provided by the Government in reply to its previous request regarding the extent to which the spouses of insured persons are covered, particularly with respect to medical care for maternity.

Article 10(2) of Convention No. 102. Cost-sharing. The Committee notes the information provided by the Government in reply to its previous request regarding cost sharing by beneficiaries for medical care, including in the case of maternity. In relation to medical care in the case of maternity, the Committee requests the Government to confirm that, in accordance with Article 10(2) of the Convention, cost-sharing is not required for the pre-natal, confinement and post-natal medical care provided under Article 10(1)(b) of the Convention.

Part IV (Unemployment benefit). Article 21 of Convention No. 102. Scope of coverage. The Committee notes the statistical information provided by the Government in reply to its previous request concerning the total number of employees protected under each unemployment benefit scheme.

Part VII (Family benefit). Article 40, in conjunction with Article 1(1)(e), of Convention No. 102. The Committee notes the information provided by the Government in reply to its previous request regarding the conditions of entitlement to family benefit.

Part XIII (Common provisions) of Convention No. 102. The Committee notes with regret that the Government has not provided the information requested in relation to the application of Articles 69, 70, 71 and 72 of the Convention. The Committee once again requests the Government to provide this information.

Article 5, in conjunction with Article 8 of Convention No. 118. Benefits for the victims of employment injury and their dependants. In its previous comment, the Committee noted the national legislation which, in section 33(1) of Act No. 16074 on industrial accidents and occupational diseases insurance, adopted in 1989, provided that when beneficiaries were residents in another country without nominating an agent, the payment of benefits shall be suspended. Moreover, the dependants of workers who had 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, were entitled to receive the benefit only as from the date on which they settled in Uruguay, and only for the period during which they reside there (section 33(3) of the Act). The Committee requested the Government to provide information on the adoption of the necessary measures to bring the national legislation into conformity with the Convention, which provides that each Member that has ratified it shall guarantee to its own nationals and to the nationals of any other Member which has accepted the obligations of the Convention in respect of the branch or branches in question, when they are resident abroad, provision of employment injury benefits, subject to measures for this purpose being taken, where necessary, in accordance with Article 8 of the Convention. The Committee notes that, in its reply, the Government indicates the bilateral or multilateral agreements concluded to this effect and also indicates that the Uruguayan Social Security Bank (BPS) pays its benefits in any country in which the retired beneficiary or beneficiary of a pension is located, whether or not there is a social security agreement. While, noting with interest the Government’s indications regarding the application in practice of Articles 5 and 8 of the Convention, the Committee requests the Government to specify whether in practice the BPS also pays benefits for permanent invalidity or death as a result of employment injury to the nationals of any other Member which has accepted the obligations of the Convention in respect of the branch or branches in question, when they are resident abroad. The Committee also once again requests the Government to take the necessary measures to bring the national legislation into conformity with Articles 5 and 8 of the Convention with regard to the payment abroad of employment injury benefits and to provide information on any measures adopted or envisaged in this respect.

Article 10 of Convention No. 121. Domiciliary visiting. In its previous comments, the Committee noted that section 11 of Act No. 16074 of 1989 on industrial accidents and occupational diseases insurance, does not envisage the provision of medical care at the home of the worker, if necessary, in accordance with Article 10(a) of the Convention, and reiterated the hope that the Government would take the necessary measures to give full effect to this provision of the Convention. The Committee notes with interest the Government’s reply indicating that, in recent years, a home-based care system has been implemented to provide treatment and nursing care and meet the other needs that affect the patient’s health, with a view to conserving psycho-social conditions. Home-based nursing care is provided in accordance with protocols established for each situation with monitoring and evaluation of compliance with the guidelines and, where appropriate, educational and promotional activities are conducted regarding the procedures carried out during the in-patient hospital treatment. The Committee requests the Government to indicate the relevant legal provisions and regulations, with an indication of whether they include a direct reference to cases of employment injury.

Article 19 and the application in practice of Convention No. 121. Employers not insured for employment injury. Rate of the benefit. In its previous comments, the Committee noted that section 8 of Act No. 16074 of 1989, on industrial accidents and occupational diseases insurance, provides that 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 and it requested the Government to calculate the replacement rate obtained in the case of workers having the same earnings and dependants as the standard beneficiary envisaged by Articles 19 or 20 of the Convention. The Committee notes the information provided by the Government on the replacement rates for all workers and observes that that these rates would apply to workers who have not been insured by their employers on the basis of the national minimum wage, rather than the worker’s actual wages, as is the case for insured workers. The Committee further observes that the national minimum wage may, in some cases, be lower than the real wage paid to the workers concerned, which can lead to a lower rate of compensation for these workers. While noting that the legislation guarantees the payment of compensation irrespective of whether employers have complied with their obligation to insure their workers, the Committee requests the Government to take measures to improve compliance by employers with their obligation to take out employment injury insurance, thereby encouraging the registration of their workers with the State Insurance Fund, to ensure that they are able to receive benefits at the rate envisaged for insured workers.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on social security, the Committee considers it appropriate to examine Conventions No. 102 (minimum standards), No. 118 (equality of treatment), and No. 121 (employment injury benefits) together.

Part II (Medical care). Article 9, in conjunction with Article 10(1) of Convention No. 102. Coverage of the spouses of insured persons. The Committee notes the information provided by the Government in reply to its previous request regarding the extent to which the spouses of insured persons are covered, particularly with respect to medical care for maternity.

Article 10(2). Cost-sharing. The Committee notes the information provided by the Government in reply to its previous request regarding cost sharing by beneficiaries for medical care, including in the case of maternity. In relation to medical care in the case of maternity, the Committee requests the Government to confirm that, in accordance with Article 10(2) of the Convention, cost-sharing is not required for the pre-natal, confinement and post-natal medical care received, as established in this Article of the Convention.

Article 21. Scope of coverage. The Committee once again requests the Government to indicate the total number of employees protected under each unemployment benefit scheme.

Part VII (Family benefit). Article 40, in conjunction with Article 1(1)(e). The Committee notes the information provided by the Government in reply to its previous request regarding the conditions of entitlement to family benefit.

Part XIII (Common provisions). The Committee notes with regret that the Government has not provided the information requested in relation to the application of Articles 69, 70, 71 and 72 of the Convention. The Committee once again requests the Government to provide this information.

Article 5, in conjunction with Article 8 of Convention No. 118. Benefits for the victims of employment injury and their dependants. In its previous comment, the Committee noted the national legislation which, in section 33(1) of Act No. 16074 on industrial accidents and occupational diseases insurance, adopted in 1989, provided that when beneficiaries were residents in another country without nominating an agent, the payment of benefits shall be suspended. Moreover, the dependants of workers who had 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, were entitled to receive the benefit only as from the date on which they settled in Uruguay, and only for the period during which they reside there (section 33(3) of the Act). The Committee requested the Government to provide information on the adoption of the necessary measures to bring the national legislation into conformity with the Convention, which provides that each Member that has ratified it shall guarantee to its own nationals and to the nationals of any other Member which has accepted the obligations of the Convention in respect of the branch or branches in question, when they are resident abroad, provision of employment injury benefits, subject to measures for this purpose being taken, where necessary, in accordance with Article 8 of the Convention. The Committee notes that, in its reply, the Government indicates the bilateral or multilateral agreements concluded to this effect and also indicates that the Uruguayan Social Security Bank (BPS) pays its benefits in any country in which the retired beneficiary or beneficiary of a pension is located, whether or not there is a social security agreement. While, noting with interest the Government’s indications regarding the application in practice of Articles 5 and 8 of the Convention, the Committee requests the Government to specify whether in practice the BPS also pays benefits for permanent invalidity or death as a result of employment injury to the nationals of any other Member which has accepted the obligations of the Convention in respect of the branch or branches in question, when they are resident abroad. The Committee also once again requests the Government to take the necessary measures to bring the national legislation into conformity with Articles 5 and 8 of the Convention with regard to the payment abroad of employment injury benefits and to provide information on any measures adopted or envisaged in this respect.

Article 10 of Convention No. 121. Domiciliary visiting. In its previous comments, the Committee noted that section 11 of Act No. 16074 of 1989 on industrial accidents and occupational diseases insurance, does not envisage the provision of medical care at the home of the worker, if necessary, in accordance with Article 10(a) of the Convention, and reiterated the hope that the Government would take the necessary measures to give full effect to this provision of the Convention. The Committee notes with interest the Government’s reply indicating that, in recent years, a home-based care system has been implemented to provide treatment and nursing care and meet the other needs that affect the patient’s health, with a view to conserving psycho-social conditions. Home-based nursing care is provided in accordance with protocols established for each situation with monitoring and evaluation of compliance with the guidelines and, where appropriate, educational and promotional activities are conducted regarding the procedures carried out during the in-patient hospital treatment. The Committee requests the Government to indicate the relevant legal provisions and regulations, with an indication of whether they include a direct reference to cases of employment injury.

Article 19 and application in practice of the Convention. Employers not insured for employment injury. Rate of the benefit. In its previous comments, the Committee noted that section 8 of Act No. 16074 of 1989, on industrial accidents and occupational diseases insurance, provides that 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 and it requested the Government to calculate the replacement rate obtained in the case of workers having the same earnings and dependants as the standard beneficiary envisaged by Articles 19 or 20 of the Convention. The Committee notes the information provided by the Government on the replacement rates for all workers and observes that that these rates would apply to workers who have not been insured by their employers on the basis of the national minimum wage, rather than the worker’s actual wages, as is the case for insured workers. The Committee further observes that the national minimum wage may, in some cases, be lower than the real wage paid to the workers concerned, which can lead to a lower rate of compensation for these workers. While noting that the legislation guarantees the payment of compensation irrespective of whether employers have complied with their obligation to insure their workers, the Committee requests the Government to take measures to improve compliance by employers with their obligation to take out employment injury insurance, thereby encouraging the registration of their workers with the State Insurance Fund, to ensure that they are able to receive benefits at the rate envisaged for insured workers.

Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

Articles 13, 14 and 18 of the Convention, in conjunction with Article 19. Calculation of benefits. Article 21. Review of the amounts of long-term cash benefits. In relation to its previous comments, the Committee notes with satisfaction that the Government has provided the information requested on the level of benefits and their adjustment to changes in the cost of living.

The Committee is raising other matters in a request addressed directly to the Government.

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

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.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Articles 13, 14 and 18 of the Convention (in conjunction with Article 19). Calculation of benefits. The Committee notes with regret that, despite repeated previous requests, the Government has not supplied any kind of statistics in its reports to enable the calculation 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 would be interested to know what obstacles are preventing the Government from presenting the information required under Articles 13, 14 and 18 of the report form relating to the Convention. The Committee also requests the Government once again to provide information on the application in practice of section 8, second subsection, of Act No. 16074, including statistics on the amount of benefits granted to dependent workers of employers who are not insured.

Article 21. Review of the rates of long-term cash benefits. The Committee notes with regret that the Government’s report received in September 2011 does not contain any reply to the comments made in its observations of 1999, 2000 and 2008 concerning the provision of statistics in relation to Article 21 of the Convention. The Committee observes that the Government merely repeats, in its reports of 2008 and 2011 with regard to Article 21, that the form in which, and the interval at which, temporary benefits are paid are adjusted according to variations in the wage used as the basis for calculation. The Committee therefore once again requests the Government to provide the statistical information corresponding to the 2000–11 period, as requested in the report form, so that the Committee is able to assess whether the rates of long-term cash benefits are reviewed following changes in the cost of living or general level of earnings. As the Committee has explained before, an assessment of the information provided for in the report form is essential to enable the Committee to reach conclusions with regard to the application in practice of Article 21 of the Convention.

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 hopes that the Government will take gradual steps to abolish this waiting period and thus bring its legislation into line with Article 9(3) of the Convention. Moreover, the Committee observes that the provisions of section 11(2) of Act No. 16074 of 1989 are not in conformity with the provisions of Article 10(a) of the Convention, because section 11 of the aforementioned 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, whereas the obligation laid down in the Convention 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.

[The Government is asked to reply in detail to the present comments in 2012.]

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

With reference to its observation, the Committee notes the information provided by the Government in reply to its previous comments and it wishes to make the following remarks.

In its previous comments, the Committee hoped that on the occasion of a future revision of the legislation the Government: (a) would abolish the waiting period of three days for the payment of cash benefits, as established by Act No. 16074 of 1989, to ensure the payment of such benefits from the first day of incapacity, in conformity with Article 9, paragraph 3, of the Convention; and (b) would not encounter obstacles in guaranteeing by law, both explicitly and in general, the right to domiciliary visiting where this has been deemed necessary as a result of the state of the patient and the circumstances of the case, in accordance with Article 10, paragraph 1(a). In view of the fact that, with regard to the first point, the Government confines itself to indicating that the reasons are still in force which led to the establishment of the waiting period and that it provides no information on the second, the Committee is bound to hope once again that the Government will adopt the necessary measures to give effect to the above provisions of the Convention.

Articles 13, 14 and 18 (in conjunction with Article 19).  In its previous comments, the Committee noted that there is no ceiling for the amount of the wage used as a basis for calculating benefits under section 18 of Act No. 16074 of 1989 and that the payment of benefits is made in accordance with sections 19 et seq. of the Act. The Committee observed that, in the absence of the ceiling referred to above, the level of benefits as calculated on the basis of the rules established by Act No. 16074 appeared to be in accordance with the level required by these provisions of the Convention. As the Government has not provided the requested statistical data, the Committee is bound to hope that the Government will make every effort to include the requested statistical information in its next report in relation to Article 19 of the Convention in accordance with the report form.

Finally, the Committee once again requests the Government to provide information on the effect given in practice to the second subsection of section 8 of Act No. 16074, including statistical data on the amount of benefits granted to dependent workers of employers who are not insured.

[The Government is asked to reply in detail to the present comments in 2009.]

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 21 of the Convention (review of the rates of long-term cash benefits). In its previous comments, the Committee recalled the need for the Government to provide the statistics requested in the report form in relation to the review of long-term benefits so that it could assess whether the rates of cash benefits are reviewed following changes in the general level of earnings where these result from substantial changes in the cost of living. In view of the fact that the Government has once again failed to provide the requested information, the Committee is bound to hope that the Government will make every effort to include in its next report the requested statistics, as well as information on increases in the rate of benefits provided in the event of permanent incapacity or death. The Committee further requests the Government to provide information on the observations made by the Inter-Union Assembly of Workers–National Convention of Workers (PIT-CNT).

[The Government is asked to reply in detail to the present comments in 2009.]

Direct Request (CEACR) - adopted 2000, published 89th ILC session (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.

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the detailed information supplied by the Government in reply to its earlier comments and in particular the information relevant to the application of Articles 4 and 9(1) and (2) of the Convention.

With reference to its previous comments, the Committee draws the Government’s attention to the fact that the frequency of statistical information called for in the report form adopted by the Governing Body as regards the review of benefits in the long term in alignment with the cost of living or level of earnings does not always allow it to appreciate the full application of Article 21 of the Convention in practice. The Committee trusts that the Government will do its utmost to include the statistics requested in its next report as well as information on the increases in the periodical payments made in case of permanent disability and death.

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

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which reads as follows:

1. Article 4 of the Convention. Further to its previous comments, the Committee observes that under section 3 of Act No. 16134 of 24 April 1990 the obligation to insure against industrial accidents and occupational diseases is limited to public servants who are engaged in manual work in dangerous conditions. The Committee requests the Government to indicate how application of the Convention is ensured for public servants who are the victims of an industrial accident but are not engaged on work in the conditions mentioned and to supply specific texts related to such protection, if any.

Furthermore, the Committee hopes that the Government will be in a position to send, with its next report, statistics on the total number of employees protected as a proportion of the total number of employees overall.

2. Article 9, paragraphs 1 and 2. Further to its previous comments on section 8, paragraphs 3 and 4, of Act No. 16074 of 10 October 1989, the Committee notes with interest the information supplied by the Government on the payment of temporary cash compensation for public servants in institutions which are in arrears in the payment of contributions or have not insured their employees. The Committee requests the Government to kindly send it detailed information on how in practice payment of benefits is ensured for these categories of civil servants in the event of permanent incapacity or death resulting from an employment injury. Please also send data on the number of cases in which these provisions of the law have been invoked.

3. Article 9, paragraph 3, in conjunction with Article 13. In reply to the Committee's previous comments on the introduction, under Act No. 16074 of 10 October 1989, of a waiting period of three days before payment of cash benefits, the Government indicates that the first three days of absence are not covered by the employer. The Committee recalls that under this provision of the Convention payment of benefits can only be subject to a waiting period where the legislation of a Member provides for a waiting period at the date on which the Convention comes into force or where a declaration provided for in Article 2 is in force. Since the Government did not resort to either of these exceptions, the Committee hopes that on the next revision of the legislation, the Government will abolish the waiting period to ensure that payment of cash benefits takes place from the first day of incapacity.

4. Article 10, paragraph 1(a). Further to its previous comments, the Committee notes with interest the text of the agreement concluded by the State Insurance Bank with the Medical Federation of the Interior which provides for home care as necessary. It observes, however, that section 11 of Act No. 16074 of 1989 only provides for transport of the injured person to his home and from there to the place of treatment. It therefore again hopes that the Government will take the necessary measures to adopt a law, regulation or an administrative instrument which provides expressly in a general manner for home care where it has been recognized as necessary in view of the state of the patient and the circumstances of the case.

5. Articles 13, 14 and 18 (in conjunction with Article 19). The Committee hopes that the Government will indicate in its next report whether there is a ceiling for the amount of the wage used as the basis for calculating benefits, in application of section 18 of Act No. 16074. Furthermore, the Committee trusts that the Government will be in a position to include in its next report the statistical information requested in the report form adopted by the Governing Body under Article 19 of the Convention so that it can examine whether the provisions referred to are applied fully.

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

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

The Committee notes that the Government's report has not been received. It hopes that the Government will supply a report for examination at its next session and that it will contain the statistical information requested under Article 21 of the Convention of the report form adopted by the Governing Body including in particular, information on changes for the period covered by the report in the cost-of-living or wages index along with increases to the scale of benefits for permanent incapacity and death.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

1. Article 4 of the Convention. Further to its previous comments, the Committee observes that under section 3 of Act No. 16134 of 24 April 1990 the obligation to insure against industrial accidents and occupational diseases is limited to public servants who are engaged in manual work in dangerous conditions. The Committee requests the Government to indicate how application of the Convention is ensured for public servants who are the victims of an industrial accident but are not engaged on work in the conditions mentioned and to supply specific texts related to such protection, if any.

Furthermore, the Committee hopes that the Government will be in a position to send, with its next report, statistics on the total number of employees protected as a proportion of the total number of employees overall.

2. Article 9, paragraphs 1 and 2. Further to its previous comments on section 8, paragraphs 3 and 4, of Act No. 16074 of 10 October 1989, the Committee notes with interest the information supplied by the Government on the payment of temporary cash compensation for public servants in institutions which are in arrears in the payment of contributions or have not insured their employees. The Committee requests the Government to kindly send it detailed information on how in practice payment of benefits is ensured for these categories of civil servants in the event of permanent incapacity or death resulting from an employment injury. Please also send data on the number of cases in which these provisions of the law have been invoked.

3. Article 9, paragraph 3, in conjunction with Article 13. In reply to the Committee's previous comments on the introduction, under Act No. 16074 of 10 October 1989, of a waiting period of three days before payment of cash benefits, the Government indicates that the first three days of absence are not covered by the employer. The Committee recalls that under this provision of the Convention payment of benefits can only be subject to a waiting period where the legislation of a Member provides for a waiting period at the date on which the Convention comes into force or where a declaration provided for in Article 2 is in force. Since the Government did not resort to either of these exceptions, the Committee hopes that on the next revision of the legislation, the Government will abolish the waiting period to ensure that payment of cash benefits takes place from the first day of incapacity.

4. Article 10, paragraph 1(a). Further to its previous comments, the Committee notes with interest the text of the agreement concluded by the State Insurance Bank with the Medical Federation of the Interior which provides for home care as necessary. It observes, however, that section 11 of Act No. 16074 of 1989 only provides for transport of the injured person to his home and from there to the place of treatment. It therefore again hopes that the Government will take the necessary measures to adopt a law, regulation or an administrative instrument which provides expressly in a general manner for home care where it has been recognized as necessary in view of the state of the patient and the circumstances of the case.

5. Articles 13, 14 and 18 (in conjunction with Article 19). The Committee hopes that the Government will indicate in its next report whether there is a ceiling for the amount of the wage used as the basis for calculating benefits, in application of section 18 of Act No. 16074. Furthermore, the Committee trusts that the Government will be in a position to include in its next report the statistical information requested in the report form adopted by the Governing Body under Article 19 of the Convention so that it can examine whether the provisions referred to are applied fully.

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

Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

Article 21 of the Convention. Further to its previous comments on the review of benefits, the Committee notes with interest that in January 1993 a reevaluation of 63 per cent was made. It also notes that the review of benefits was made on the basis of the average wage index which is partly linked to changes in the cost of living. In order to be able to ascertain the real impact of this re-evaluation, the Committee requests the Government to provide in its forthcoming reports the statistical information requested under Article 21 of the Convention, and in the report form adopted by the Governing Body in particular, information on changes for the period covered by the report in the cost-of-living or wages index along with increases to the scale of benefits for permanent incapacity and death.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

1. Articles 3 and 4, paragraph 1, of the Convention. The Committee asks the Government to indicate whether all public servants are protected, regardless of the type of work they perform, under Act No. 16074 of 10 October 1989 respecting the employment injury insurance. The Committee asks the Government to provide the text of Act No. 16134 of 24 April 1990. The Government is also requested to supply information on the total number of employees protected, including public servants, and the total number of employees.

2. Article 9, paragraphs 1 and 2. The Committee notes that under section 8(3) of Act No. 16074 public servants in institutions which are in arrears in the payment of contributions or which have not insured their employees will receive only medical care. The Committee observes, however, that under section 8(4) of the same Act the State Insurance Bank must require all uninsured employers to gather the necessary capital for the provision of benefits. In view of the fact that, under these provisions of the Convention, eligibility for benefits - both medical care and cash benefits - may not be made subject to the duration of insurance or the payment of contributions, the Committee asks the Government to indicate how provision of cash benefits is guaranteed to the above-mentioned public servants from the onset of the contingency. It also asks the Government to provide information on the practical effect given to the above-mentioned provisions of Act No. 16074.

3. Article 9, paragraph 3, in conjunction with Article 13. The Committee notes that, under Act No. 16074 (sections 19 and 44), compensation for temporary incapacity is equivalent to two-thirds of the daily wage or the salary. In the previous legislation, this compensation was equal to one-half of the wage and was increased to two-thirds only after 30 days of incapacity. The Committee notes with interest the progress made in the application of the Convention in this respect. It observes, however, that compensation was previously paid from the day following the accident whereas it is now paid from the fourth day of absence (section 19(V) of the Act). Since Article 9, paragraph 3, of the Convention provides that payment of benefits can only be subject to a waiting period where the legislation of a Member provides for a waiting period at the date on which the Convention comes into force or where a declaration provided for in Article 2 is in force, the Committee asks the Government to indicate whether the first three days of absence are covered by the employer and, if so, under which provisions of the law.

4. Article 10, paragraph 1(a), of the Convention. In answer to the Committee's previous comments, the Government indicates that, in the interior of the country, medical care is provided under an agreement concluded with the Medical Federation of the Interior which provides for home care should the case require it. The Government also supplies certain particulars of the health care provided in Montevideo. The Committee notes this information with interest. It hopes that the Government will have no difficulty in giving legal effect to this practice by making express provision in a law, regulations or administrative instrument for home care where it has been recognized as necessary in view of the state of the patient and the circumstances of the case. It also asks the Government to provide a copy of the agreement concluded with the Medical Federation of the Interior.

5. Articles 13, 14 and 18 (in conjunction with Article 19 or 20 of the Convention). The Committee hopes that the Government will be able to provide the statistical information required by the report form adopted by the Governing Body, particularly with regard to the calculation of benefits. It also asks the Government to indicate whether there is a ceiling for the amount of benefits in the event of temporary incapacity, permanent incapacity and death, or, under section 18 of Act No. 16074, for the amount of the wage used as the basis for compensation. It also asks the Government to provide information on the practical effect given to section 8(2) of the above Act, including statistical information on the amount of benefits of workers whose employers are ensured.

6. Article 21. The Committee again asks the Government to provide information on the review of pensions to take account of changes in the cost of living, in accordance with the provisions of Article 21 of the Convention. In particular, the Committee asks the Government in its next report to provide all the statistical information requested by the report form under this Article of the Convention, so that it can ascertain the real impact of such increases.

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes with satisfaction the adoption of Act No. 16074 of 10 October 1989 respecting employment injury insurance, which enables effect to be given to certain provisions of the Convention. The Act (section 25(III)) provides for increments in periodical payments for disabled persons requiring the constant help of another person, in conformity with Article 16 of the Convention. Section 33 of the same Act cancels the suspension of the entitlement to periodical payments for industrial accidents in the event of temporary absence from the territory, in accordance with Article 2, paragraph 1(a). In addition, with regard to Article 22, paragraph 1(g), all references to "improper conduct" of the surviving spouse which gave rise to the cancellation of the right to a periodical payment have been omitted from the Act.

The Committee would be grateful if the Government would provide full information on the questions raised in a direct request.