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

Social Security (Minimum Standards) Convention, 1952 (No. 102) - Costa Rica (Ratification: 1972)

Other comments on C102

Observation

Direct Request

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Part VI (Employment injury benefit), Articles 36 and 38 of the Convention. Duration of benefit. In its previous comment, the Committee expressed the hope that the Government would take the necessary measures to ensure the payment of periodical benefits throughout the contingency in cases of permanent partial disability in excess of 25 per cent. The Committee notes the Government’s indication in its report that the minimum loss of earning capacity to receive periodic benefits for permanent disability is 0.5 per cent. However, the Committee observes that in the event of permanent disability leading to a loss of earning capacity of 0.5–50 per cent, payments are limited to five years and for a loss of earning capacity of 50–67 per cent payments are limited to ten years (sections 223, 238 and 239 of the Labour Code). Under the national legislation, periodical payments throughout the contingency are paid only for permanent disability with a loss of earning capacity of 67 per cent or higher (lifelong annual payments, section 240 of the Labour Code). The Committee recalls that not only does Article 36 require the benefit to be a periodical payment but Article 38 also provides that the periodical payment under Article 36 shall be granted throughout the contingency. However, Article 36(3) of the Convention allows for the periodical payment to be commuted for a lump sum where the degree of incapacity is slight (which the Committee has always considered to mean not more than 25 per cent) or where the competent authority is satisfied that the lump sum will be properly utilized. The Committee reiterates its hope that the Government will take the necessary measures to ensure the payment of periodical benefits throughout the contingency in the case of permanent partial disability, at least when these benefits are granted for a degree of incapacity that is not slight.

Part VII (Family benefit), Article 44. In its previous comment, the Committee expressed the hope that the Government would be in a position to calculate the total value of family benefit. The Committee notes the Government’s indication that internal arrangements have been made for this purpose to collaborate with the national agencies that provide cash benefits as part of social security and to analyse these aspects in light of Article 44 of the Convention. The Committee requests the Government to provide information on the total value of family benefits granted in accordance with the provisions of Article 44 of the Convention.