Solicitud directa (CEACR) - Adopción: 1993, Publicación: 80ª reunión CIT (1993)

1. Articles 3 and 4, paragraph 1, of the Convention. The Committee asks the Government to indicate whether all public servants are protected, regardless of the type of work they perform, under Act No. 16074 of 10 October 1989 respecting the employment injury insurance. The Committee asks the Government to provide the text of Act No. 16134 of 24 April 1990. The Government is also requested to supply information on the total number of employees protected, including public servants, and the total number of employees.

2. Article 9, paragraphs 1 and 2. The Committee notes that under section 8(3) of Act No. 16074 public servants in institutions which are in arrears in the payment of contributions or which have not insured their employees will receive only medical care. The Committee observes, however, that under section 8(4) of the same Act the State Insurance Bank must require all uninsured employers to gather the necessary capital for the provision of benefits. In view of the fact that, under these provisions of the Convention, eligibility for benefits - both medical care and cash benefits - may not be made subject to the duration of insurance or the payment of contributions, the Committee asks the Government to indicate how provision of cash benefits is guaranteed to the above-mentioned public servants from the onset of the contingency. It also asks the Government to provide information on the practical effect given to the above-mentioned provisions of Act No. 16074.

3. Article 9, paragraph 3, in conjunction with Article 13. The Committee notes that, under Act No. 16074 (sections 19 and 44), compensation for temporary incapacity is equivalent to two-thirds of the daily wage or the salary. In the previous legislation, this compensation was equal to one-half of the wage and was increased to two-thirds only after 30 days of incapacity. The Committee notes with interest the progress made in the application of the Convention in this respect. It observes, however, that compensation was previously paid from the day following the accident whereas it is now paid from the fourth day of absence (section 19(V) of the Act). Since Article 9, paragraph 3, of the Convention provides that payment of benefits can only be subject to a waiting period where the legislation of a Member provides for a waiting period at the date on which the Convention comes into force or where a declaration provided for in Article 2 is in force, the Committee asks the Government to indicate whether the first three days of absence are covered by the employer and, if so, under which provisions of the law.

4. Article 10, paragraph 1(a), of the Convention. In answer to the Committee's previous comments, the Government indicates that, in the interior of the country, medical care is provided under an agreement concluded with the Medical Federation of the Interior which provides for home care should the case require it. The Government also supplies certain particulars of the health care provided in Montevideo. The Committee notes this information with interest. It hopes that the Government will have no difficulty in giving legal effect to this practice by making express provision in a law, regulations or administrative instrument for home care where it has been recognized as necessary in view of the state of the patient and the circumstances of the case. It also asks the Government to provide a copy of the agreement concluded with the Medical Federation of the Interior.

5. Articles 13, 14 and 18 (in conjunction with Article 19 or 20 of the Convention). The Committee hopes that the Government will be able to provide the statistical information required by the report form adopted by the Governing Body, particularly with regard to the calculation of benefits. It also asks the Government to indicate whether there is a ceiling for the amount of benefits in the event of temporary incapacity, permanent incapacity and death, or, under section 18 of Act No. 16074, for the amount of the wage used as the basis for compensation. It also asks the Government to provide information on the practical effect given to section 8(2) of the above Act, including statistical information on the amount of benefits of workers whose employers are ensured.

6. Article 21. The Committee again asks the Government to provide information on the review of pensions to take account of changes in the cost of living, in accordance with the provisions of Article 21 of the Convention. In particular, the Committee asks the Government in its next report to provide all the statistical information requested by the report form under this Article of the Convention, so that it can ascertain the real impact of such increases.