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.