Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

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

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Reform of the occupational incapacity and invalidity system. Noting that the forthcoming adoption of a new Pensions Act will result in the substantial reorganization of the occupational risks scheme, the Committee requests the Government to provide a copy of this text once adopted and to explain how it gives effect to each of the provisions of the Convention No. 121, taking due note of the application problems raised by the Committee in its observation made under Convention No. 102 as well as in its previous comments relating to Convention No. 121.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the report supplied by the Government. It also observes that the ILO Subregional Office for Andean countries is currently carrying out a diagnosis of the Bolivian social security system in the framework of the Decent Work Country Programme (project BOL/06/50M/NET). This diagnosis is being submitted to tripartite consultations and could serve as a basis for an overall reform of the Bolivian social security system. With reference to the numerous questions raised in its previous comments, the Committee hopes that, with the technical assistance of the ILO, the Government will be able to make progress in finding solutions to the previously identified problems of application. It will therefore undertake an in-depth analysis of the detailed information supplied by the Government at its next session, together with the relevant information from the above diagnosis, once it is adopted.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

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 read as follows:

Referring to its observation, the Committee wishes to draw the Government’s attention to, and receive information on, the following points.

Article 7 of the Convention. (a) The Committee notes that section 2 of Supreme Decree No. 24469 of 1997 issuing the Regulations under the Pensions Act No. 1732 of 1996 contains a definition of industrial accident that includes commuting accidents, but only in cases where the employer provides the means of transport. Given the restrictive nature of this definition, the Committee hopes that the Government will be able to re-examine the legislation with a view to adopting a definition of commuting accident that does not depend on the mode of transport used.

(b) In addition, the Committee recalls that commuting accidents are not included in the definition of industrial accidents contained in section 27 of the Social Security Code and section 115 of its Regulations. The Committee therefore hopes that the Government will indicate in its next report the measures taken or envisaged to complement the definition of industrial accident, in accordance with Article 7 of the Convention.

Article 8. (a) Section 2 of the Regulations under Act No 1732 of 1996 contains a general definition of the term "occupational diseases". Section 62 of the Regulations appears to indicate that, in accordance with Article 8(c) of the Convention, the definition is complemented by a list of occupational diseases. The Committee hopes that the list in question contains all the diseases and types of work listed in Schedule I of the Convention and asks the Government to supply a copy of the text.

(b) The Committee requests the Government to indicate the measures taken or envisaged to complement the list of occupational diseases contained in Annex I of the Social Security Regulations so as to harmonize the list with the one given in the Convention.

Article 9, paragraph 3. In reply to the Committee’s previous comments, the Government states that in accordance with sections 16 and 17 of its Social Security Code, medical care benefits are granted for 26 weeks (with the possibility of being extended for a further 26 weeks). The Committee requests the Government to examine the measures that would be needed to enable persons injured in an industrial accident, in particular those receiving a permanent invalidity pension, to obtain medical care beyond this period where necessary, given that under the terms of this provision of the Convention benefits must be paid throughout the period of the contingency.

Article 16. The Committee notes that, according to the Government’s information, the Pensions Act of 1996 contains no provisions for increments in periodic payments and other special or supplementary benefits for disabled persons requiring the constant help or attendance of another person. The Committee hopes that the Government will re-examine the question and that it will indicate in its next report the measures taken or envisaged to apply Article 16 of the Convention.

Article 17. The Committee requests the Government to indicate in its next report the measures taken or envisaged to allow a review of the amount of invalidity pensions payable in cases of personal injury so as to take account of any changes that might occur in the degree of disability.

Article 18, paragraph 1. The Committee notes with interest that under section 10 of the Pensions Act, read in conjunction with section 5, widowers are now entitled to a survivors’ pension.

Article 18, paragraph 2. Section 12 of the Pensions Act provides for a funeral benefit of 1,100 bolivianos, which is indexed to the United States dollar. The Committee requests the Government to indicate whether that amount is sufficient to cover the normal costs of a funeral, and whether it is actually reviewed periodically.

Article 23. The Committee has noted the information supplied by the Government regarding the right of appeal of claimants where disputes arise regarding the benefits payable under the Social Security Code. The Committee would like to receive the information from the Government regarding the application in practice of this Article of the Convention, and regarding the new pensions legislation, indicating briefly the applicable rules concerning appeals.

*  *  *

The Committee, in addition, requests the Government to provide a copy of the handbook on the classification of occupational risks referred to in section 54 of the aforementioned Regulations, and the handbook referred to in section 59 of the Regulations.

Lastly, the Committee has noted that under the terms of sections 50 and 56 of the Pensions Act Regulations, all members of the SSO in an employment relationship are required to undergo a new work fitness examination; the examination is required every time the member changes employer if that change occurs more than 12 months after the previous examination. The Committee would like to receive the information from the Government as to whether the examination is also a condition for eligibility for benefits.

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee has taken note of the information given in the Government’s most recent report, and recalls that in its previous comments it had expressed the wish for more detailed information on the effects of the occupational injuries provisions of the new Pensions Act No. 1732 of 29 November 1996 and its Regulations (Supreme Decree No. 24469 of 1997), which have completely changed the long-term benefits system. Responsibility for the administration of the social security system with regard to these benefits, including benefits payable in cases of occupational injuries, has been handed over to the "pension management companies" (AFPs), which are now responsible for registering insured persons and collecting contributions. These AFPs manage different accounts for different long-term contingencies, in particular a collective fund for occupational risks, which is financed by premiums paid by employers. The rate is set initially at 2 per cent but depends on the particular risks at each enterprise (section 49 of the Regulations). The collective occupational risks account, like the common risks account, is initially being managed by the AFPs but such risks will subsequently be covered by private insurance companies.

In order to be fully able to assess the manner in which the new pensions legislation gives effect to the Convention, the Committee considers it necessary to have some additional information, including statistical information, some of which was requested previously. The Committee also requests the Government to supply with its next report a detailed reply to certain questions raised by the Committee concerning the old social security legislation, in particular the Social Security Code, as amended by Legislative Decree No. 13214 of 1975, which remains in force in matters relating to medical treatment and temporary incapacity benefits.

Article 5 of the Convention. The Committee recalls that, when the Convention was ratified, the Government stated its intention to avail itself of the temporary exception allowed under Article 5. Under the terms of this provision, the application of national legislation concerning employment injury benefits may be limited to prescribed categories of employees, which shall total in number not less than 75 per cent of all employees in industrial undertakings. In its report, the Government refers, as regards the number of workers protected, to an annex which the ILO has not received. Furthermore, the Government indicates that the number of workers in industrial establishments is not known. The Committee recalls, as it has already had occasion to do several times before, that in order to be in a position to assess whether the requirements set out in this provision of the Convention are fulfilled, it must know the number of employees who belong to the new pensions scheme and the number of employees covered by the old social security legislation (as regards medical treatment and temporary incapacity benefits), on the one hand, and the total number of employees in industrial establishments, on the other. The Committee hopes that the Government will do all in its power to supply this information with its next report. If statistics on the number of workers employed in industrial enterprises are still not available, the Committee requests the Government in the meantime to supply statistics on the total number of employees (whatever the nature of the enterprise in which they work), so as to allow it to have an idea of the scope of protection in practice.

Article 9, paragraph 2. The Committee notes that according to section 10(6) of the Pensions Act of 1996 and section 48 of its Regulations, entitlement to benefits begins at the start of the employment relationship and elapses six months after the employment relationship has ended, if the member has not entered into a new employment. The Committee recalls that certain occupational diseases may remain latent for long periods, and that in certain cases, often the most serious ones, symptoms appear only many years later. The Committee therefore hopes that the Government will be able to re-examine the effect of section 10(6) of the Pensions Act (and section 48 of the Regulations) on compensation for occupational diseases, and that it will be able to indicate in its next report the measures taken or envisaged to ensure that diseases which should be recognized as occupational in origin, in accordance with the table in Schedule I of the Convention, give rise to compensation even if they manifest themselves after the six-month period.

Article 9, paragraph 3. Section 10 of the 1996 Pensions Act and section 71 of its Regulations provide that the invalidity pension in the event of occupational invalidity is paid until the member reaches the age of 65 years. A similar provision is contained in section 75 of the Regulations. The Committee requests the Government to indicate the measures taken or envisaged to ensure that, in accordance with Article 9, paragraph 3, of the Convention, disability and survivors’ benefits payable in cases of personal injury at a level prescribed by the Convention are paid for the full duration of the contingency.

Article 14, paragraph 1. The Committee has taken note of the provisions in the Pensions Act and its Regulations concerning pension entitlements in cases of occupational invalidity. The Committee requests the Government once again to indicate the measures taken or envisaged to ensure that invalidity pensions are paid from the end of the period during which temporary disability benefits are payable (according to section 29 of Legislative Decree No. 13214 of 1975, temporary disability benefits are restricted to 26 weeks, with the possibility of extension to 52 weeks).

Article 19 (in conjunction with Articles 13, 14 and 18 of the Convention). In reply to the Committee’s previous comments, the Government indicates in its report that it has not applied the provisions of Article 19 or Article 20 to calculate industrial injury benefits. The Committee recalls that, while States are free to adopt their own rules and methods for calculating benefits, the amount must nevertheless be determined in such a way as to be not less than the amount prescribed in Articles 19 or 20 of the Convention (read in conjunction with the table in Schedule II of the instrument). The calculation methods provided for by these provisions, and the parameters used, are established solely for the purpose of allowing comparisons between a given national situation and the requirements of the Convention. Given that according to section 10 of the 1996 Pensions Act (read in conjunction with section 5), as well as sections 59, 70, 72, 76, 77 and following sections of the Regulations, invalidity and survivors’ pensions payable in cases of occupational injuries are calculated in relation to the worker’s basic wages, Article 19 of the Convention is applicable for the purpose of ascertaining whether the level of invalidity and survivors’ benefits prescribed by the Convention has been reached. This also applies in the case of temporary invalidity benefits which, according to section 28 of Legislative Decree No. 13214 of 1975, are equivalent to 75 per cent of pensionable wages. Since a maximum limit is prescribed, as authorized by Article 19, paragraph 3, of the Convention, both for the basic pay used to calculate invalidity and survivors’ pensions (60 per cent of the national minimum wage, according to section 5 of the Act) and for the pensionable wages (section 58 of Legislative Decree No. 13214 of 1975, as amended), the Committee trusts that the Government will not fail to provide any statistics requested in the report form under Article 19 of the Convention (sections I and IV), in particular as regards the wages of male workers (chosen according to Article 19, paragraph 6 or 7) and the benefits paid to a standard beneficiary whose previous earnings, or whose breadwinner’s earnings, were equivalent to the wages of a skilled male worker.

The Committee has also noted that, according to information supplied by the Government in its report on Convention No. 128, family allowances are not paid during employment or during the period of the contingency. The Government therefore does not need to provide the information requested in the report form.

Article 21. In reply to the Committee’s comments, the Government indicates that the invalidity and survivors’ benefits are not periodically reviewed. The Committee feels bound to recall the importance which it attaches to Article 21 of the Convention, according to which the rates of cash benefits currently payable must be reviewed following substantial changes in the general level of earnings where these result from substantial changes in the cost of living. The Committee hopes that the Government will re-examine the question, and indicate in its next report the measures taken or envisaged to ensure the full implementation of this provision of the Convention, as regards both pensions paid under the old and the new system. In this regard, the Committee recalls that sections 2, 4 and 320 of the Regulations provide for a procedure for adjusting existing or future pensions in the light of the devaluation of the national currency in relation to the United States dollar. The Government is also asked to provide any statistical information requested in the report form under this Article of the Convention, point B, and to supply a copy of the scale of annual increases, as established by the executive authority, for existing or future pensions under the old system, in accordance with section 57 of Act No. 1732, as amended by Act No. 2197 of 9 May 2001.

Article 22. The Committee notes that, according to section 51 of the Regulations implementing the 1996 Pensions Act, the member must, in the case of a work accident, notify his employer either directly or through a third party and fill out an accident report form. This must be signed by the member or his representative and by the employer. It must then be sent to the AFP within ten days of the accident, and it would appear from section 51(3) of the Regulations that the invalidity and survivors’ pension payable in cases of work injury is refused if the AFP does not receive the form within the prescribed period. If the failure to present the form is due to the employer, the member or his representative can inform the Superintendence of Pensions within ten days of the accident, and this will result in benefits being paid. The Committee recalls that, according to Article 22, paragraph 1(f), payment of a benefit may be suspended if the person concerned fails to comply with rules prescribed for verifying the occurrence or continuance of the contingency. At the same time, the Committee considers that those rules should not be such as to make it difficult or impossible to recognize an entitlement to benefits. In this regard, the time limit of ten days under section 51 for notification of an accident appears to be very short, especially if the accident is a serious one or leads to the death of the worker. The Committee therefore hopes that the Government will re-examine the situation and indicate the measures taken or envisaged to ensure that failure to observe the period of ten days established by section 51 of the Regulations does not entail loss of entitlement to invalidity benefits, particularly in cases where the worker is unable to deal with the notification himself. The Committee also considers that where notification is not made because of the employer, the latter should be liable to sanctions and the worker’s pension entitlements should not be affected. In addition, the Committee requests the Government to indicate whether use is made of the other provisions of Article 22, paragraph 1. If that is the case, the Government is asked to indicate the applicable legislation.

Article 24, paragraph 1. The Committee has taken note of the Government’s statement to the effect that the protected persons do not participate in the management of the new system. Given that according to Article 24, paragraph 1, of the Convention, persons protected shall participate in the management of the scheme, the Committee trusts that the Government will wish to re-examine the question and indicate in its next report the measures taken or envisaged to give effect to this fundamental provision of the Convention.

Article 24, paragraph 2, and Article 25. The Committee has taken note of the information communicated by the Government referring in particular to the Superintendence of Pensions and the General Directorate of Pensions, which administers the old distribution-based pensions system. The Committee hopes that the Government’s next report will contain detailed information on the measures taken in this regard by these institutions, and also asks the Government to indicate whether the actuarial studies and calculations required concerning the financial balance of the new pensions system are carried out regularly, and to communicate the result of those studies and calculations.

Article 26, paragraph 2. The Committee requests the Government to supply with its next report statistics on the frequency and severity of industrial accidents in accordance with this provision of the Convention.

*  *  *

In addition, the Committee would like detailed information from the Government on the application in practice of sections 58, 81, 315 and 317 of the Regulations implementing the Pensions Act (No. 1732 of 1996), indicating in particular whether and how invalidity and survivors’ benefits payable in cases of occupational injury under the old distribution-based pensions system continue to be paid in full. The Committee trusts that the Government will take all the necessary measures to review these pensions in a manner that reflects changes in the cost of living and the general level of earnings, in accordance with Article 21 of the Convention.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

Referring to its observation, the Committee wishes to draw the Government’s attention to, and receive information on, the following points.

Article 7 of the Convention. (a) The Committee notes that section 2 of Supreme Decree No. 24469 of 1997 issuing the Regulations under the Pensions Act No. 1732 of 1996 contains a definition of industrial accident that includes commuting accidents, but only in cases where the employer provides the means of transport. Given the restrictive nature of this definition, the Committee hopes that the Government will be able to re-examine the legislation with a view to adopting a definition of commuting accident that does not depend on the mode of transport used.

(b) In addition, the Committee recalls that commuting accidents are not included in the definition of industrial accidents contained in section 27 of the Social Security Code and section 115 of its Regulations. The Committee therefore hopes that the Government will indicate in its next report the measures taken or envisaged to complement the definition of industrial accident, in accordance with Article 7 of the Convention.

Article 8. (a) Section 2 of the Regulations under Act No 1732 of 1996 contains a general definition of the term "occupational diseases". Section 62 of the Regulations appears to indicate that, in accordance with Article 8(c) of the Convention, the definition is complemented by a list of occupational diseases. The Committee hopes that the list in question contains all the diseases and types of work listed in Schedule I of the Convention and asks the Government to supply a copy of the text.

(b) The Committee requests the Government to indicate the measures taken or envisaged to complement the list of occupational diseases contained in Annex I of the Social Security Regulations so as to harmonize the list with the one given in the Convention.

Article 9, paragraph 3. In reply to the Committee’s previous comments, the Government states that in accordance with sections 16 and 17 of its Social Security Code, medical care benefits are granted for 26 weeks (with the possibility of being extended for a further 26 weeks). The Committee requests the Government to examine the measures that would be needed to enable persons injured in an industrial accident, in particular those receiving a permanent invalidity pension, to obtain medical care beyond this period where necessary, given that under the terms of this provision of the Convention benefits must be paid throughout the period of the contingency.

Article 16. The Committee notes that, according to the Government’s information, the Pensions Act of 1996 contains no provisions for increments in periodic payments and other special or supplementary benefits for disabled persons requiring the constant help or attendance of another person. The Committee hopes that the Government will re-examine the question and that it will indicate in its next report the measures taken or envisaged to apply Article 16 of the Convention.

Article 17. The Committee requests the Government to indicate in its next report the measures taken or envisaged to allow a review of the amount of invalidity pensions payable in cases of personal injury so as to take account of any changes that might occur in the degree of disability.

Article 18, paragraph 1. The Committee notes with interest that under section 10 of the Pensions Act, read in conjunction with section 5, widowers are now entitled to a survivors’ pension.

Article 18, paragraph 2. Section 12 of the Pensions Act provides for a funeral benefit of 1,100 bolivianos, which is indexed to the United States dollar. The Committee requests the Government to indicate whether that amount is sufficient to cover the normal costs of a funeral, and whether it is actually reviewed periodically.

Article 23. The Committee has noted the information supplied by the Government regarding the right of appeal of claimants where disputes arise regarding the benefits payable under the Social Security Code. The Committee would like to receive the information from the Government regarding the application in practice of this Article of the Convention, and regarding the new pensions legislation, indicating briefly the applicable rules concerning appeals.

*  *  *

The Committee, in addition, requests the Government to provide a copy of the handbook on the classification of occupational risks referred to in section 54 of the aforementioned Regulations, and the handbook referred to in section 59 of the Regulations.

Lastly, the Committee has noted that under the terms of sections 50 and 56 of the Pensions Act Regulations, all members of the SSO in an employment relationship are required to undergo a new work fitness examination; the examination is required every time the member changes employer if that change occurs more than 12 months after the previous examination. The Committee would like to receive the information from the Government as to whether the examination is also a condition for eligibility for benefits.

[The Government is asked to reply in detail to the present comments in 2003.]

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee has taken note of the information given in the Government’s most recent report, and recalls that in its previous comments it had expressed the wish for more detailed information on the effects of the occupational injuries provisions of the new Pensions Act No. 1732 of 29 November 1996 and its Regulations (Supreme Decree No. 24469 of 1997), which have completely changed the long-term benefits system. Responsibility for the administration of the social security system with regard to these benefits, including benefits payable in cases of occupational injuries, has been handed over to the "pension management companies" (AFPs), which are now responsible for registering insured persons and collecting contributions. These AFPs manage different accounts for different long-term contingencies, in particular a collective fund for occupational risks, which is financed by premiums paid by employers. The rate is set initially at 2 per cent but depends on the particular risks at each enterprise (section 49 of the Regulations). The collective occupational risks account, like the common risks account, is initially being managed by the AFPs but such risks will subsequently be covered by private insurance companies.

In order to be fully able to assess the manner in which the new pensions legislation gives effect to the Convention, the Committee considers it necessary to have some additional information, including statistical information, some of which was requested previously. The Committee also requests the Government to supply with its next report a detailed reply to certain questions raised by the Committee concerning the old social security legislation, in particular the Social Security Code, as amended by Legislative Decree No. 13214 of 1975, which remains in force in matters relating to medical treatment and temporary incapacity benefits.

Article 5 of the Convention. The Committee recalls that, when the Convention was ratified, the Government stated its intention to avail itself of the temporary exception allowed under Article 5. Under the terms of this provision, the application of national legislation concerning employment injury benefits may be limited to prescribed categories of employees, which shall total in number not less than 75 per cent of all employees in industrial undertakings. In its report, the Government refers, as regards the number of workers protected, to an annex which the ILO has not received. Furthermore, the Government indicates that the number of workers in industrial establishments is not known. The Committee recalls, as it has already had occasion to do several times before, that in order to be in a position to assess whether the requirements set out in this provision of the Convention are fulfilled, it must know the number of employees who belong to the new pensions scheme and the number of employees covered by the old social security legislation (as regards medical treatment and temporary incapacity benefits), on the one hand, and the total number of employees in industrial establishments, on the other. The Committee hopes that the Government will do all in its power to supply this information with its next report. If statistics on the number of workers employed in industrial enterprises are still not available, the Committee requests the Government in the meantime to supply statistics on the total number of employees (whatever the nature of the enterprise in which they work), so as to allow it to have an idea of the scope of protection in practice.

Article 9, paragraph 2. The Committee notes that according to section 10(6) of the Pensions Act of 1996 and section 48 of its Regulations, entitlement to benefits begins at the start of the employment relationship and elapses six months after the employment relationship has ended, if the member has not entered into a new employment. The Committee recalls that certain occupational diseases may remain latent for long periods, and that in certain cases, often the most serious ones, symptoms appear only many years later. The Committee therefore hopes that the Government will be able to re-examine the effect of section 10(6) of the Pensions Act (and section 48 of the Regulations) on compensation for occupational diseases, and that it will be able to indicate in its next report the measures taken or envisaged to ensure that diseases which should be recognized as occupational in origin, in accordance with the table in Schedule I of the Convention, give rise to compensation even if they manifest themselves after the six-month period.

Article 9, paragraph 3. Section 10 of the 1996 Pensions Act and section 71 of its Regulations provide that the invalidity pension in the event of occupational invalidity is paid until the member reaches the age of 65 years. A similar provision is contained in section 75 of the Regulations. The Committee requests the Government to indicate the measures taken or envisaged to ensure that, in accordance with Article 9, paragraph 3, of the Convention, disability and survivors’ benefits payable in cases of personal injury at a level prescribed by the Convention are paid for the full duration of the contingency.

Article 14, paragraph 1. The Committee has taken note of the provisions in the Pensions Act and its Regulations concerning pension entitlements in cases of occupational invalidity. The Committee requests the Government once again to indicate the measures taken or envisaged to ensure that invalidity pensions are paid from the end of the period during which temporary disability benefits are payable (according to section 29 of Legislative Decree No. 13214 of 1975, temporary disability benefits are restricted to 26 weeks, with the possibility of extension to 52 weeks).

Article 19 (in conjunction with Articles 13, 14 and 18 of the Convention). In reply to the Committee’s previous comments, the Government indicates in its report that it has not applied the provisions of Article 19 or Article 20 to calculate industrial injury benefits. The Committee recalls that, while States are free to adopt their own rules and methods for calculating benefits, the amount must nevertheless be determined in such a way as to be not less than the amount prescribed in Articles 19 or 20 of the Convention (read in conjunction with the table in Schedule II of the instrument). The calculation methods provided for by these provisions, and the parameters used, are established solely for the purpose of allowing comparisons between a given national situation and the requirements of the Convention. Given that according to section 10 of the 1996 Pensions Act (read in conjunction with section 5), as well as sections 59, 70, 72, 76, 77 and following sections of the Regulations, invalidity and survivors’ pensions payable in cases of occupational injuries are calculated in relation to the worker’s basic wages, Article 19 of the Convention is applicable for the purpose of ascertaining whether the level of invalidity and survivors’ benefits prescribed by the Convention has been reached. This also applies in the case of temporary invalidity benefits which, according to section 28 of Legislative Decree No. 13214 of 1975, are equivalent to 75 per cent of pensionable wages. Since a maximum limit is prescribed, as authorized by Article 19, paragraph 3, of the Convention, both for the basic pay used to calculate invalidity and survivors’ pensions (60 per cent of the national minimum wage, according to section 5 of the Act) and for the pensionable wages (section 58 of Legislative Decree No. 13214 of 1975, as amended), the Committee trusts that the Government will not fail to provide any statistics requested in the report form under Article 19 of the Convention (sections I and IV), in particular as regards the wages of male workers (chosen according to Article 19, paragraph 6 or 7) and the benefits paid to a standard beneficiary whose previous earnings, or whose breadwinner’s earnings, were equivalent to the wages of a skilled male worker.

The Committee has also noted that, according to information supplied by the Government in its report on Convention No. 128, family allowances are not paid during employment or during the period of the contingency. The Government therefore does not need to provide the information requested in the report form.

Article 21. In reply to the Committee’s comments, the Government indicates that the invalidity and survivors’ benefits are not periodically reviewed. The Committee feels bound to recall the importance which it attaches to Article 21 of the Convention, according to which the rates of cash benefits currently payable must be reviewed following substantial changes in the general level of earnings where these result from substantial changes in the cost of living. The Committee hopes that the Government will re-examine the question, and indicate in its next report the measures taken or envisaged to ensure the full implementation of this provision of the Convention, as regards both pensions paid under the old and the new system. In this regard, the Committee recalls that sections 2, 4 and 320 of the Regulations provide for a procedure for adjusting existing or future pensions in the light of the devaluation of the national currency in relation to the United States dollar. The Government is also asked to provide any statistical information requested in the report form under this Article of the Convention, point B, and to supply a copy of the scale of annual increases, as established by the executive authority, for existing or future pensions under the old system, in accordance with section 57 of Act No. 1732, as amended by Act No. 2197 of 9 May 2001.

Article 22. The Committee notes that, according to section 51 of the Regulations implementing the 1996 Pensions Act, the member must, in the case of a work accident, notify his employer either directly or through a third party and fill out an accident report form. This must be signed by the member or his representative and by the employer. It must then be sent to the AFP within ten days of the accident, and it would appear from section 51(3) of the Regulations that the invalidity and survivors’ pension payable in cases of work injury is refused if the AFP does not receive the form within the prescribed period. If the failure to present the form is due to the employer, the member or his representative can inform the Superintendence of Pensions within ten days of the accident, and this will result in benefits being paid. The Committee recalls that, according to Article 22, paragraph 1(f), payment of a benefit may be suspended if the person concerned fails to comply with rules prescribed for verifying the occurrence or continuance of the contingency. At the same time, the Committee considers that those rules should not be such as to make it difficult or impossible to recognize an entitlement to benefits. In this regard, the time limit of ten days under section 51 for notification of an accident appears to be very short, especially if the accident is a serious one or leads to the death of the worker. The Committee therefore hopes that the Government will re-examine the situation and indicate the measures taken or envisaged to ensure that failure to observe the period of ten days established by section 51 of the Regulations does not entail loss of entitlement to invalidity benefits, particularly in cases where the worker is unable to deal with the notification himself. The Committee also considers that where notification is not made because of the employer, the latter should be liable to sanctions and the worker’s pension entitlements should not be affected. In addition, the Committee requests the Government to indicate whether use is made of the other provisions of Article 22, paragraph 1. If that is the case, the Government is asked to indicate the applicable legislation.

Article 24, paragraph 1. The Committee has taken note of the Government’s statement to the effect that the protected persons do not participate in the management of the new system. Given that according to Article 24, paragraph 1, of the Convention, persons protected shall participate in the management of the scheme, the Committee trusts that the Government will wish to re-examine the question and indicate in its next report the measures taken or envisaged to give effect to this fundamental provision of the Convention.

Article 24, paragraph 2, and Article 25. The Committee has taken note of the information communicated by the Government referring in particular to the Superintendence of Pensions and the General Directorate of Pensions, which administers the old distribution-based pensions system. The Committee hopes that the Government’s next report will contain detailed information on the measures taken in this regard by these institutions, and also asks the Government to indicate whether the actuarial studies and calculations required concerning the financial balance of the new pensions system are carried out regularly, and to communicate the result of those studies and calculations.

Article 26, paragraph 2. The Committee requests the Government to supply with its next report statistics on the frequency and severity of industrial accidents in accordance with this provision of the Convention.

*  *  *

In addition, the Committee would like detailed information from the Government on the application in practice of sections 58, 81, 315 and 317 of the Regulations implementing the Pensions Act (No. 1732 of 1996), indicating in particular whether and how invalidity and survivors’ benefits payable in cases of occupational injury under the old distribution-based pensions system continue to be paid in full. The Committee trusts that the Government will take all the necessary measures to review these pensions in a manner that reflects changes in the cost of living and the general level of earnings, in accordance with Article 21 of the Convention.

[The Government is asked to reply in detail to the present comments in 2003.]

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

In its previous comments, the Committee had expressed its hope that the Government would be able to supply detailed information not only in respect of the effects of the employment injuries provisions of the new Pensions Act No. 1732 of 29 November 1996 and its Regulation (Supreme Decree No. 24469 of 1997), but also on the legal provisions or regulations which ensure the application of the provisions of the Convention with respect, in particular, to medical care (Article 12 of the Convention) and temporary incapacity (Article 13). The Committee notes that neither the Government’s report nor the attached legislation do contain this information. Therefore, the Committee cannot but reiterate its request for a detailed report on the implementation of the new legislation with regard to employment injuries’ long-term benefits and of the current legislation on medical care and short-term benefits in the light of the pertinent provisions of the Convention, including statistical data on the scope of application and the level of benefits as required by the report form approved by the Governing Body.

In addition, after having examined the provisions of the Pension Act No. 1732 and the Supreme Decree No. 24469, the Committee wishes to draw, in particular, the Government’s attention to the following provisions of the Convention.

  Article 9(3). The Committee recalls that under this provision of the Convention benefit shall be paid throughout the contingency. It would like the Government to indicate how this provision has been implemented by the new legislation.

  Article 16. The Committee recalls that Article 16 of the Convention provides for the payment of increments in periodical payments or other supplementary or special benefits for disabled persons requiring the constant help or attendance of another person. It would appreciate receiving additional information on how this provision of the Convention has been implemented by the new legislation.

  Article 21. The Committee recalls that invalidity and survivors’ benefits currently payable must be reviewed periodically following substantial changes in the general level of earnings or substantial changes in the cost of living. The Committee would therefore like the Government to indicate how effect is given to this provision of the Convention.

  Article 24. The Committee recalls that Article 24 of the Convention provides that representatives of persons protected shall participate in the administration of a pension system. It would like the Government to indicate how effect has been given to this provision of the Convention.

  Article 27. As articles 1, 3 and 5 of the Pensions Act refer to Bolivian citizens only, the Committee would like the Government to confirm that, according to article 109 of the Supreme Decree, all employees working in Bolivia are covered by compulsory insurance in the employment injury scheme regardless of their nationality.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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

In its previous comments, the Committee had expressed its hope that the Government would be able to supply detailed information not only in respect of the effects of the employment injuries provisions of the new Pensions Act No. 1732 of 29 November 1996 and its Regulation (Supreme Decree No. 24469 of 1997), but also on the legal provisions or regulations which ensure the application of the provisions of the Convention with respect, in particular, to medical care (Article 12 of the Convention) and temporary incapacity (Article 13). The Committee notes that neither the Government’s report nor the attached legislation do contain this information. Therefore, the Committee cannot but reiterate its request for a detailed report on the implementation of the new legislation with regard to employment injuries’ long-term benefits and of the current legislation on medical care and short-term benefits in the light of the pertinent provisions of the Convention, including statistical data on the scope of application and the level of benefits as required by the report form approved by the Governing Body.

In addition, after having examined the provisions of the Pension Act No. 1732 and the Supreme Decree No. 24469, the Committee wishes to draw, in particular, the Government’s attention to the following provisions of the Convention.

Article 9(3).  The Committee recalls that under this provision of the Convention benefit shall be paid throughout the contingency. It would like the Government to indicate how this provision has been implemented by the new legislation.

Article 16.  The Committee recalls that Article 16 of the Convention provides for the payment of increments in periodical payments or other supplementary or special benefits for disabled persons requiring the constant help or attendance of another person. It would appreciate receiving additional information on how this provision of the Convention has been implemented by the new legislation.

Article 21.  The Committee recalls that invalidity and survivors’ benefits currently payable must be reviewed periodically following substantial changes in the general level of earnings or substantial changes in the cost of living. The Committee would therefore like the Government to indicate how effect is given to this provision of the Convention.

Article 24.  The Committee recalls that Article 24 of the Convention provides that representatives of persons protected shall participate in the administration of a pension system. It would like the Government to indicate how effect has been given to this provision of the Convention.

Article 27.  As articles 1, 3 and 5 of the Pensions Act refer to Bolivian citizens only, the Committee would like the Government to confirm that, according to article 109 of the Supreme Decree, all employees working in Bolivia are covered by compulsory insurance in the employment injury scheme regardless of their nationality.

[The Government is asked to report in detail in 2001.]

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

In response to the Committee's previous comments, the Government states that, in particular, if at the end of the treatment, the worker continues to suffer from a reduction in his/her working capacity, the benefits to be disbursed shall, in future, be governed by the Act respecting pensions and the new schedule fixing levels of incapacity. In this respect, the Committee notes the adoption of Act No. 1732 of 1996 and its Regulation established under Supreme Decree No. 24469 of 1997. In light of the fundamental changes introduced into the pension scheme by this new legislation, the Committee would be grateful if the Government would provide a report containing detailed information in respect of the effect of the new legislation on each of the Articles of the Convention, including statistical data on the scope of application and the level of benefits, as required by the report form approved by the Governing Body.

The Committee also requests the Government to communicate detailed information in respect of the legal provisions or regulations which ensure the application of the provisions of the Convention which do not fall within the scope of the new Act respecting pensions and in particular those relative to medical care (Article 12 of the Convention) and the temporary capacity for work (Article 13).

[The Government is asked to report in detail in 1999.]

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

1. Article 5 of the Convention. In its previous comments the Committee noted that, according to the statistics provided by the Government and to the ILO Year Book of Labour Statistics, 1991, the proportion of protected employees working in Bolivian industrial undertakings was lower than the proportion prescribed by the Convention ("75 per cent of all employees in industrial undertakings ..."). In these circumstances the Committee asked the Government to indicate the measures taken or contemplated gradually to extend the employment injury branch of the social security scheme to new categories of workers or employees in industrial undertakings. Since the Government's report contains no reply on this matter, the Committee is bound to express, once again, the hope that the Government will adopt the necessary measures for this purpose. It also asks the Government to provide updated statistical data of the total number of active insured persons employed in industrial undertakings as defined in Article 1(c) of the Convention, and the total number of employees in those undertakings. 2. Article 7. The Government states in its report that it has noted the Committee's recommendation concerning commuting accident coverage. The Committee asks the Government to indicate in its next report the progress made in this respect. 3. Article 8. In its answer to the Committee's previous comments, the Government states that it has noted the recommendation that, in a future edition or revision of the Social Security Code, an updated list of occupational diseases should be published, along with the activities likely to cause them, in conformity with schedule 1 annexed to the Convention. The Committee asks the Government to indicate any progress made in this area in its future reports. 4. Article 9, paragraph 3. With regard to the previous comments, the Government indicates in particular that insured persons and beneficiaries suffering from chronic diseases who no longer qualify for medical care provided through social security are entitled, unconditionally, to benefits in kind in hospitals of the Ministry of Public Health. The Committee notes this statement. It points out, however, that the Government has not provided the legislative, regulatory or other texts stipulating the type of medical care provided, in accordance with section 113 of Decree No. 14643 of 1977, in the specialized centres of the Ministry of Social Security and Public Health. It therefore asks the Government once again to provide these texts. 5. The Committee notes with interest that the Government considers that assistance from the ILO Regional Adviser for Latin America would be most useful in drafting the report in the manner established in the report form adopted by the Governing Body with regard to Articles 13, 14 and 18 (in relation to Articles 19 and 20), and 21 (in relation to Articles 14 and 18) of the Convention. The Committee notes this statement with interest. It expresses the hope that the Government will be able, possibly with the assistance of the Regional Adviser, to provide the above-mentioned information.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

1. Article 5 of the Convention. In its previous comments the Committee noted that, according to the statistics provided by the Government and to the ILO Year Book of Labour Statistics, 1991, the proportion of protected employees working in Bolivian industrial undertakings was lower than the proportion prescribed by the Convention ("75 per cent of all employees in industrial undertakings ..."). In these circumstances the Committee asked the Government to indicate the measures taken or contemplated gradually to extend the employment injury branch of the social security scheme to new categories of workers or employees in industrial undertakings. Since the Government's report contains no reply on this matter, the Committee is bound to express, once again, the hope that the Government will adopt the necessary measures for this purpose. It also asks the Government to provide updated statistical data of the total number of active insured persons employed in industrial undertakings as defined in Article 1(c) of the Convention, and the total number of employees in those undertakings.

2. Article 7. The Government states in its report that it has noted the Committee's recommendation concerning commuting accident coverage. The Committee asks the Government to indicate in its next report the progress made in this respect.

3. Article 8. In its answer to the Committee's previous comments, the Government states that it has noted the recommendation that, in a future edition or revision of the Social Security Code, an updated list of occupational diseases should be published, along with the activities likely to cause them, in conformity with schedule 1 annexed to the Convention. The Committee asks the Government to indicate any progress made in this area in its future reports.

4. Article 9, paragraph 3. With regard to the previous comments, the Government indicates in particular that insured persons and beneficiaries suffering from chronic diseases who no longer qualify for medical care provided through social security are entitled, unconditionally, to benefits in kind in hospitals of the Ministry of Public Health. The Committee notes this statement. It points out, however, that the Government has not provided the legislative, regulatory or other texts stipulating the type of medical care provided, in accordance with section 113 of Decree No. 14643 of 1977, in the specialized centres of the Ministry of Social Security and Public Health. It therefore asks the Government once again to provide these texts.

5. The Committee notes with interest that the Government considers that assistance from the ILO Regional Adviser for Latin America would be most useful in drafting the report in the manner established in the report form adopted by the Governing Body with regard to Articles 13, 14 and 18 (in relation to Articles 19 and 20), and 21 (in relation to Articles 14 and 18) of the Convention. The Committee notes this statement with interest. It expresses the hope that the Government will be able, possibly with the assistance of the Regional Adviser, to provide the above-mentioned information.

[The Government is asked to report in detail in 1997.]

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

1. Article 5 of the Convention. The Committee has taken note of the statistics of insured persons supplied by the Government. The Committee observes that, according to that information, the total number of active insured persons employed in industrial undertakings as defined in Article 1, subparagraph (c), of the Convention is approximately 70,000. Since the Government has availed itself of the temporary exception provided for in Article 5 of the Convention, the Committee must again point out to the Government that, in order to be able to assess whether the requirements of this provision of the Convention are met, it also needs to know the total number of employees in industrial undertakings. It consequently hopes that the Government will be able to supply all these statistics in its next report.

Furthermore the Committee points out that under the said Article 5 the application of national legislation concerning employment injury benefits may be limited to "prescribed categories of employees, which shall total in number not less than 75 per cent of all employees in industrial undertakings ...". In this connection the Committee has noted from the information given in the ILO Year Book of Labour Statistics, 1991, that, for the sectors of construction, transport, storage and communications alone, the total number of employees was 118,400 in 1989. The proportion of protected employees working in industrial undertakings is thus less than the proportion prescribed by the Convention. In these circumstances the Committee expresses the hope that the Government will be able to indicate in its next report the measures taken or contemplated gradually to extend the employment injury branch of the social security scheme to new categories of wage-earners in industrial undertakings.

Article 7. In response to the Committee's previous comments concerning commuting accident coverage, the Government refers in particular to section 7 of Legislative Decree No. 14643 of 3 June 1977 concerning benefits in case of non-industrial injury. Furthermore it indicates that in case of an accident the cost of the benefit is normally borne by the person who caused the injury (for example, the driver of the vehicle). Furthermore in practice, when the injuries resulting from a non-occupational hazard do not involve the insurance institution in heavy expense, the benefits are covered as though it was a case of industrial accident.

The Committee takes note of this information. It wishes to point out to the Government, however, that under the Convention the benefits due in case of an industrial accident or occupational disease, including commuting accidents, must be granted whether or not any third person bears any liability (without prejudice to any recourse against such a person). Furthermore, under the Convention, the granting of such benefits to the insured person or his dependants must not be made conditional upon any waiting period. Hence the obligations prescribed by the Convention cannot be met by a system of sickness, invalidity and survivors' insurance which, as in Bolivia, makes the acquisition of entitlement to benefit and the amount of benefit subject to completion of a period of membership or subscription.

In these circumstances, the Committee again expresses the hope that the Government will be able to re-examine the question so as to supplement the definition of "industrial accident" laid down in section 27 of the Social Security Code and section 115 of the Regulations thereunder to include a commuting accident, in accordance with Article 7 of the Convention.

Article 8. In its previous comments, the Committee asked for the supply of the circulars which, according to the Government, had been addressed to the agencies administering social security in order to bring to their notice the list of occupational diseases prescribed by schedule I of the Convention. In its report, the Government states that the adoption of such circulars was unnnecessary because Presidential Decree No. 14228 of 23 December 1976 for the adoption and ratification of Convention No. 121 was published in the Official Gazette of Bolivia, which is a medium for broad dissemination of the country's national standards. In this connection the Committee ventures to remind the Government that the Multidisciplinary Committee established by Presidential Resolution No. 193458 of 5 November 1980 provides among other recommendations that the list of occupational diseases shown in Annex 1 to the Social Security Code and the Regulations thereunder should undergo immediate revision in as much as it is outdated. These recommendations, which go back more than ten years, make no reference to the list of occupational diseases annexed to Convention No. 121. In these circumstances, in order to preclude any risk of confusion in the quarters concerned regarding the content of the law on compensation for occupational diseases, the Committee considers that it would be desirable, on the occasion of a forthcoming revision or publication of the Social Security Code, to publish an up-to-date list of occupational diseases and activities likely to cause them, in conformity with schedule I annexed to the Convention.

Article 9, paragraph 3. In its previous comments, the Committee expressed the hope that the Government would supply the text of all provisions of laws, regulations or other texts specifying the nature of the medical care provided in accordance with section 11 of Decree No. 14643 of 1977 at the specialised centres of the Ministry of Social Security and Public Health, together with the conditions to be met, in order to qualify for such benefits, by persons ceasing to be entitled to medical care provided through social security. Since the Government refers in its reply only to the provisions of Chapter II of the Social Security Code concerning benefits in kind, the Committee can but ask the Government once again to supply the information requested.

Articles 13, 14 and 18 (in conjunction with Articles 19 and 20). (a) The Committee takes note with interest of the text of Presidential Decree No. 20991 of 1 August 1985 which increases the amount of temporary incapacity benefit in case of an industrial accident to 90 per cent of the insured person's wage which is subject to contributions at the start of incapacity.

(b) Furthermore the Committee notes that the Government's report does not contain the statistical information which it previously requested and which it needs in order to determine whether the amount of benefit paid to the standard beneficiary in case of temporary incapacity, permanent total incapacity or death reaches the level prescribed by the Convention. It has, however, noted with interest the Government's statement in its report on Convention No. 130 that it intended to ask the help of the ILO Regional Adviser on Social Security for Latin America on this point. The Committee therefore hopes that the Government will be able to supply with its next report the information requested by the report form adopted by the Governing Body under Article 19 or 20, depending on which of these provisions is resorted to.

Article 21. The Committee again asks the Government to supply with its forthcoming reports the information requested under this Article of the Convention by the report form concerning the review of the benefits provided for in Articles 14 and 18 as a result of substantial changes in the cost of living.

2. The Committee ventures to remind the Government of the possibility of having recourse to the technical cooperation of the ILO to help it in finding a solution to the problems arising out of the application of the Convention.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes with regret that for the second consecutive year 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 matters raised in its previous direct request, which read as follows:

Article 5 of the Convention. The Committee notes from the information supplied in the Government's report that the total number of employers is 602,000, of whom 367,608 are protected by compulsory social insurance. Since the Government has availed itself of the temporary exception provided for in Article 5 of the Convention the Committee wishes to point out that, in order to be in a position to assess whether the requirements set out in this provision of the Convention are fulfilled, it is also necessary to know the total number of employees in industrial undertakings. It therefore hopes that the Government will be able to supply in its next report not only statistics for the total number of wage earners protected, but also the number of employees in industrial undertakings, as defined in Article 1(c).

Article 7. The Government once again states that there is no express provision concerning commuting accidents but that they are considered to be employment injuries for the purposes of insurance by applying case-law and the general principles of justice and equity. In these circumstances, the Committee requests the Government to supply with its next report examples of case-law in this respect.

Article 8. In reply to the previous comments of the Committee, the Government states that section 2 of Supreme Decree No. 14228 of 23 December 1976, which includes the occupational diseases listed in Schedule I of the Convention in those provided for by the Social Security Code, has been brought to the knowledge of the parties concerned (National Social Security Fund, employers, workers, magistrates, etc.) by means of the national press, the publication of the Decree in the Official Journal and specific circulars to management bodies, so that, under section 2 of the above Decree, the occupational diseases listed in Schedule I of the Convention are now considered as such. The Committee notes this information with interest. It would be grateful if the Government would transmit a copy of the text of the circulars sent to the administrative organisations. Furthermore, in order to avoid any risk that the circles concerned may be confused about the content of the legislation in this respect, the Committee considers that it would be desirable, on the occasion of the a forthcoming revision or edition of the Social Security Code, to publish and up-to-date list of the occupational diseases and the activities liable to cause them, in accordance with Schedule I annexed to the Convention.

Article 9, paragraph 3. The Government states in its reply that section 11 of Decree No. 14643 of 1977 - under which persons suffering from a chronic disease and who are no longer entitled to hospital, medical and pharmaceutical care in social security centres are transferred to specialised centres run by the Ministry for Social Welfare and Public Health - is also applicable to workers handicapped as a result of an industrial accident or an occupational disease and who are no longer entitled to medical assistance provided under social security. It adds that the medical care provided in the specialised centres run by the Ministry for Social Welfare and Public Health is identical to the care provided in social security centres. The Committee notes this information with interest. It would be grateful if the Government would supply the texts of any law or regulations specifying the type of medical care provided in the specialised centres run by the Ministry for Social Welfare and Public Health, and, where appropriate, the conditions that must be fulfilled by the persons concerned in order to benefit from such care.

Articles 13, 14 and 18 (in conjunction with Articles 19 and 20). (a) Regarding benefits in respect of temporary incapacity, the Committee notes with interest the Government's statement to the effect that, under Supreme Decree No. 20-991 of 1 August 1985, the benefits for temporary incapacity provided in the event of employment injuries is equivalent to 90 per cent of the proportion of the wage earned by the insured at the commencement of incapacity that was subject to contributions. The Committee would be grateful if the Government would transmit a copy of this Decree.

(b) Furthermore, the Government states that in accordance with the Act that is currently in force, periodical payments are calculated on the basis of the wage that is subject to contributions, without taking into account whether the wage correspond to that of a skilled employee or a labourer, and that family allowances are not taken into account when determining the percentage of the periodical payment awarded to the worker or his dependents. In this connection, the Committee wishes to draw the Government's attention to the fact that, in accordance with Schedule II annexed to the Convention, the amount of the periodical payments prescribed in Articles 13, 14 and 18 of the Convention must correspond for a standard beneficiary to a minimum level (60 per cent for temporary incapacity benefit paid to a standard beneficiary (man with a wife and two children); 60 per cent for permanent incapacity benefit paid to a standard beneficiary (man with a wife and two children); 50 per cent for survivor's benefits paid to a standard beneficiary (widow with two children). In order to determine the minimum level of benefits, two formulas intended to be adapted to the practice in various countries are available to Government's in Articles 19 and 20 of the Convention. The formula envisaged in Article 19 is intended to take into account protection schemes under which the benefits are calculated on the basis of the former earnings of beneficiaries or their family breadwinner. However, if, as is the case in Bolivia, there is a ceiling for benefits or for the earnings that are taken into account in their calculation, the percentage required by the Convention must be reached for a standard beneficiary whose earnings (or the earnings of his family breadwinner) are equivalent to the wage of a skilled manual male employee (Article 19, paragraph 2). On the other hand, the formula established in Article 20 takes into account protection schemes that provide flat-rate benefits, although it can also be used in cases where the benefits provided in respect of employment injuries may not be less than a prescribed minimum. Furthermore, both Article 19 and Article 20 take into account, when assessing whether the percentage required by the Convention has been met, of family allowances payable during employment or during the contingency (Article 19, paragraph 1, and Article 20, paragraph 1). The information called for in Articles 19 and 20 therefore has the sole aim of enabling a comparison to be made between the level of benefits provided under national legislation and the minimum level set forth by the Convention. In these conditions, the Committee once again requests the Government to indicate: (a) the maximum and minimum cash benefits granted in cases of temporary incapacity, permanent total incapacity and death to a standard beneficiary as prescribed by the Convention; (b) the family allowances paid, if any, to a standard beneficiary during the eventuality; (c) the wage of a skilled manual male employee determined according to Article 19, paragraph 6, of the Convention (if the Government intends to have recourse to this provision in calculating the benefits) or the wage of an ordinary adult male labourer determined in accordance with paragraph 4 or 5 of Article 20 (if the Government intends to have recourse to this provision in calculating benefits), and (d) the amount of family allowances, if any, which are granted during employment to a worker with a wife and two children.

Article 21. The Committee would also be grateful if the Government would supply in its forthcoming reports the information called for under this Article of the Convention by the report form adopted by the Governing Body concerning the adjustment of the benefits envisaged under Articles 14 and 18 of the Convention as a result of substantial changes in the cost of living.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

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 matters raised in its previous direct request, which read as follows:

Article 5 of the Convention. The Committee notes from the information supplied in the Government's report that the total number of employers is 602,000, of whom 367,608 are protected by compulsory social insurance. Since the Government has availed itself of the temporary exception provided for in Article 5 of the Convention the Committee wishes to point out that, in order to be in a position to assess whether the requirements set out in this provision of the Convention are fulfilled, it is also necessary to know the total number of employees in industrial undertakings. It therefore hopes that the Government will be able to supply in its next report not only statistics for the total number of wage earners protected, but also the number of employees in industrial undertakings, as defined in Article 1(c).

Article 7. The Government once again states that there is no express provision concerning commuting accidents but that they are considered to be employment injuries for the purposes of insurance by applying case-law and the general principles of justice and equity. In these circumstances, the Committee requests the Government to supply with its next report examples of case-law in this respect.

Article 8. In reply to the previous comments of the Committee, the Government states that section 2 of Supreme Decree No. 14228 of 23 December 1976, which includes the occupational diseases listed in Schedule I of the Convention in those provided for by the Social Security Code, has been brought to the knowledge of the parties concerned (National Social Security Fund, employers, workers, magistrates, etc.) by means of the national press, the publication of the Decree in the Official Journal and specific circulars to management bodies, so that, under section 2 of the above Decree, the occupational diseases listed in Schedule I of the Convention are now considered as such. The Committee notes this information with interest. It would be grateful if the Government would transmit a copy of the text of the circulars sent to the administrative organisations. Furthermore, in order to avoid any risk that the circles concerned may be confused about the content of the legislation in this respect, the Committee considers that it would be desirable, on the occasion of the a forthcoming revision or edition of the Social Security Code, to publish and up-to-date list of the occupational diseases and the activities liable to cause them, in accordance with Schedule I annexed to the Convention.

Article 9, paragraph 3. The Government states in its reply that section 11 of Decree No. 14643 of 1977 - under which persons suffering from a chronic disease and who are no longer entitled to hospital, medical and pharmaceutical care in social security centres are transferred to specialised centres run by the Ministry for Social Welfare and Public Health - is also applicable to workers handicapped as a result of an industrial accident or an occupational disease and who are no longer entitled to medical assistance provided under social security. It adds that the medical care provided in the specialised centres run by the Ministry for Social Welfare and Public Health is identical to the care provided in social security centres. The Committee notes this information with interest. It would be grateful if the Government would supply the texts of any law or regulations specifying the type of medical care provided in the specialised centres run by the Ministry for Social Welfare and Public Health, and, where appropriate, the conditions that must be fulfilled by the persons concerned in order to benefit from such care.

Articles 13, 14 and 18 (in conjunction with Articles 19 and 20). (a) Regarding benefits in respect of temporary incapacity, the Committee notes with interest the Government's statement to the effect that, under Supreme Decree No. 20-991 of 1 August 1985, the benefits for temporary incapacity provided in the event of employment injuries is equivalent to 90 per cent of the proportion of the wage earned by the insured at the commencement of incapacity that was subject to contributions. The Committee would be grateful if the Government would transmit a copy of this Decree.

(b) Furthermore, the Government states that in accordance with the Act that is currently in force, periodical payments are calculated on the basis of the wage that is subject to contributions, without taking into account whether the wage correspond to that of a skilled employee or a labourer, and that family allowances are not taken into account when determining the percentage of the periodical payment awarded to the worker or his dependents. In this connection, the Committee wishes to draw the Government's attention to the fact that, in accordance with Schedule II annexed to the Convention, the amount of the periodical payments prescribed in Articles 13, 14 and 18 of the Convention must correspond for a standard beneficiary to a minimum level (60 per cent for temporary incapacity benefit paid to a standard beneficiary (man with a wife and two children); 60 per cent for permanent incapacity benefit paid to a standard beneficiary (man with a wife and two children); 50 per cent for survivor's benefits paid to a standard beneficiary (widow with two children). In order to determine the minimum level of benefits, two formulas intended to be adapted to the practice in various countries are available to Government's in Articles 19 and 20 of the Convention. The formula envisaged in Article 19 is intended to take into account protection schemes under which the benefits are calculated on the basis of the former earnings of beneficiaries or their family breadwinner. However, if, as is the case in Bolivia, there is a ceiling for benefits or for the earnings that are taken into account in their calculation, the percentage required by the Convention must be reached for a standard beneficiary whose earnings (or the earnings of his family breadwinner) are equivalent to the wage of a skilled manual male employee (Article 19, paragraph 2). On the other hand, the formula established in Article 20 takes into account protection schemes that provide flat-rate benefits, although it can also be used in cases where the benefits provided in respect of employment injuries may not be less than a prescribed minimum. Furthermore, both Article 19 and Article 20 take into account, when assessing whether the percentage required by the Convention has been met, of family allowances payable during employment or during the contingency (Article 19, paragraph 1, and Article 20, paragraph 1). The information called for in Articles 19 and 20 therefore has the sole aim of enabling a comparison to be made between the level of benefits provided under national legislation and the minimum level set forth by the Convention. In these conditions, the Committee once again requests the Government to indicate: (a) the maximum and minimum cash benefits granted in cases of temporary incapacity, permanent total incapacity and death to a standard beneficiary as prescribed by the Convention; (b) the family allowances paid, if any, to a standard beneficiary during the eventuality; (c) the wage of a skilled manual male employee determined according to Article 19, paragraph 6, of the Convention (if the Government intends to have recourse to this provision in calculating the benefits) or the wage of an ordinary adult male labourer determined in accordance with paragraph 4 or 5 of Article 20 (if the Government intends to have recourse to this provision in calculating benefits), and (d) the amount of family allowances, if any, which are granted during employment to a worker with a wife and two children.

Article 21. The Committee would also be grateful if the Government would supply in its forthcoming reports the information called for under this Article of the Convention by the report form adopted by the Governing Body concerning the adjustment of the benefits envisaged under Articles 14 and 18 of the Convention as a result of substantial changes in the cost of living.