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

The Committee notes the information supplied by the Government in its report concerning the scope of the application of the Convention (Articles 9, 16 and 22). The Committee wishes to draw the Government's attention to the following points:

Articles 10, 17 and 23 (benefit rates). With reference to the Committee's previous comments, the Government has supplied information concerning the wage of a skilled male worker in the private sector in Montevideo, and the level of average monthly benefits per beneficiary, except for the old-age pension. The Committee notes this information. It also notes with interest that studies are being undertaken on systems to fulfil the requirements for the transmittal of information under the report form on the Convention. In view of the fact that the above information does not enable it to assess the manner in which the Convention is applied as regards the level of benefits for invalidity, old-age and survivors which are provided to the standard beneficiary as set out in the instrument, namely: (a) in the case of invalidity: a man with a wife and two children; (b) in the case of old-age: a man with a wife of pensionable age; (c) in the case of death: a widow with two children; the Committee hopes that the Government will indicate in particular in its next report:

(a) if it wishes to avail itself of Article 26:

(i) the amount of the wage of a skilled manual male employee (chosen in accordance with paragraph 6 or 7 of this Article);

(ii) the amount of the benefit paid, in the case of the three contingencies referred to above, to a standard beneficiary whose previous earnings were equal to the wage of the skilled manual male employee (for old-age benefits, the authorized period of qualification may be 30 years of contributions or employment, and for invalidity benefits and survivors' benefits, 15 years);

(b) if it wishes to avail itself of Article 27:

(i) the amount of the wage of an ordinary adult male labourer (chosen in conformity with paragraph 4 or 5 of this Article);

(ii) the amount of the minimum benefit paid to the standard beneficiary for each of the three contingencies referred to above.

Article 13 (rehabilitation and placement services for persons with disabilities). In its previous comments, the Committee requested the Government to supply detailed information on the measures taken and the results obtained in relation to the rehabilitation programmes for persons with disabilities which the National Vocational Rehabilitation Committee, established under Decree 186/983, is intended to promote. In its report, the Government states that the Labour Retraining Fund was established under Act No. 16320, of 1 November 1992. This Fund will provide resourses for the implementation of rehabilitation programmes which will cover all persons with disabilities. The Committee notes this information. However, the Committee notes that, under the terms of section 327 of the above Act No. 16320, the beneficiaries of the Labour Retraining Fund are the workers covered by legislative Decree No. 15180 of 20 August 1981, which only covers the contingency of involuntary unemployment of employees in the private sector. In these conditions, the Committee once again requests the Government to indicate the action which has been taken and the results obtained with a view to providing in practice vocational rehabilitation services and facilitating the placement of workers with disabilities.

Article 18, paragraph 2(a) (granting of reduced old-age benefits after fifteen years of contributions or employment). In its previous comments, the Committee requested the Government to indicate whether, in accordance with this provision of the Convention, reduced old-age benefits are paid to persons who have reached the age which gives entitlement to the ordinary retirement pension (60 years for men and 55 for women), but have not completed the period of service prescribed by section 35(a) of Constitutional Decree No. 9 of 1979. In its report, the Government refers to the pension for the elderly provided for in section 35(d), under which beneficiaries become entitled to this benefit at a higher age (70 years for men and 65 for women) than that of the ordinary retirement pension, after accumulating a minimum of ten years of service. In these conditions, the Committee requests the Government to indicate the measures which have been taken or which are envisaged to guarantee, in accordance with this provision of the Convention, a reduced old-age benefit to persons who have reached the age which gives entitlement to the ordinary retirement pension and who have accumulated 15 years of contributions or employment.