Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee has taken note of the information supplied by the Government in its report and in particular of the statistical data on compulsory sickness insurance.

Article 7, paragraph 1, of the Convention. In response to the Committee's previous comments concerning this provision of the Convention, which requires employers to share in providing the financial resources of the sickness insurance system, the Government states that the health benefits scheme provided for in Act No. 18469 of 23 November 1985 is financed out of resources apportioned by the State through the National Health Fund and out of workers' compulsory contributions, notwithstanding the direct payments made pursuant to sections 28 and 29 of the Act in accordance with Legislative Decree No. 3501 of 1980. With regard to workers who voluntarily opt to leave the General Health Benefits Scheme instituted by Act No. 18469 and enter a Health and Welfare Institution (ISAPRE) on the terms now spelt out in Act No. 18933 of 1990, the Government adds that the financing of the health benefits which such institutions are under a duty to grant directly or indirectly comes from the contributions made by the members under their respective contracts. This occurs notwithstanding the financing provided by the State to ISAPRE through the Single Fund for Family and Unemployment Benefits. The Government considers, moreover, that although, in accordance with the new structure of contributions instituted by Legislative Decree No. 3501 of 1980, insurance contributions are paid by the workers, this does not mean that they suffer any reduction in the cash amount of their remuneration, since the same legal rule provides for an increase in their cash remuneration, which includes the employer's contribution.

The Committee takes note of this information. It also notes that, according to the Government's report, the contributions charged to the employer in accordance with the provisions of Legislative Decree No. 3501 of 1980 were waived with effect from May 1981. The Committee therefore takes the view that, to give full effect to this provision of the Convention, employers should share directly in providing the financial resources of the sickness insurance system in favour of the wage-earners. The Committee consequently hopes that the Government will adopt the necessary measures to give full effect to this provision of the Convention.

[The Government is asked to provide a detailed report for the period ending 30 June 1992.]