Demande directe (CEACR) - adoptée 2000, publiée 89ème session CIT (2001)

With reference to its observation, the Committee would be grateful if the Government would provide additional information on the following points.

Part II (Medical care), Article 10, paragraph 1(b)(ii), and Part VIII (Maternity benefit), Article 49, paragraph 2(b), of the Convention.  Please indicate whether the obstetrical treatment provided during pregnancy, confinement and their sequelea under the terms of section 94(1) of the Social Security Act include hospitalization where it is recognized as being necessary, in accordance with the above provisions of the Convention.

Part VI (Employment injury benefit).  1.  Article 34.  Please indicate whether, in what manner and under which provisions the medical care which must be provided to victims of employment injury includes, in accordance with Article 34 of the Convention, dental care (point (b)), nursing care at home (point (c)), maintenance in hospitals, convalescent homes, sanatoria or other medical institutions (point (d)), dental supplies, eyeglasses and the repair of prosthetic appliances (point (e)) and the care furnished by members of such other professions as may be recognized as allied to the medical profession (point (f)).

2.  Article 35.  The Committee notes that the information provided by the Government under this provision of the Convention and sections 80 and 81 of the Social Security Act, to which it refers, relate to the prevention of occupational risks and not to vocational rehabilitation. The Committee hopes that the Government’s next report will indicate the manner in which effect is given to Article 35 of the Convention, which concerns the cooperation between competent institutions in relation to vocational rehabilitation.

3.  Article 36, paragraph 3(b).  The Committee notes the information provided in the Government’s report. It understands from the text of section 58 of the Social Security Act, respecting cash benefits due in the event of employment injury that, where a worker suffers incapacity of between 25 and 50 per cent, he or she may either apply for the payment of a pension for partial incapacity or request the conversion of the pension into a lump sum. The Committee would be grateful if the Government would indicate whether this is indeed the case. Please also indicate whether, in the event that the insured person opts for the payment of the pension in the form of a lump sum, she or he has to provide the competent authorities with guarantees of its proper utilization, in accordance with the requirements of Article 36, paragraph 3(b), of the Convention.

4.  Article 38.  The Committee notes that section 62 of the Social Security Act provides that, where the victim of an employment injury who benefited from a pension for permanent total or partial incapacity subsequently, following rehabilitation, takes up remunerated work once again and receives a wage equivalent to at least 50 per cent of the previous earnings, she or he loses entitlement to the pension. The Committee requests the Government to provide additional information on the implementation in practice of this provision of the Social Security Act, with an indication of whether it also applies in the event of partial rehabilitation.

Part XI (Standards to be complied with by periodical payments), Article 65 in relation with Articles 16, 36, 50, 56, 57, 62 and 63.  The Committee notes the detailed information provided by the Government and the statistics on the level of sickness benefit, the benefit provided in the event of employment injury, and maternity, invalidity and survivors’ benefit, which demonstrate that the level of these benefits prescribed by the Convention is in theory attained. The Committee notes that the Government has recourse to the level of the wage of a skilled manual male employee as set out in Article 65, paragraph 6(d), of the Convention. In this respect, the Committee wishes to emphasize that, according to this provision of the Convention, the wage of a skilled manual male employee must be equal to 125 per cent of the average earnings of all the persons protected, and not 125 per cent of the average earnings subject to a ceiling of all the persons protected. The Committee hopes that the Government will take into account in future the above comments when it provides the statistics required by the report form under Article 65 of the Convention.

Part XIV (Miscellaneous provisions), Article 76, paragraph 1(b), in relation with Articles 9, 15, 27, 33, 48, 55 and 61.  The Committee notes the statistical information provided by the Government on the scope of the social security system for the Parts of the Convention which have been accepted by Mexico. It would be grateful if the Government would indicate whether the statistics that it provided in its report include agricultural workers, in accordance with the Convention.

Furthermore, in view of the fact that the number of persons who benefit from compulsory coverage by the Mexican Social Security Institute in relation to the total number of employees barely attains the level of 50 per cent prescribed by the Convention (except for certain branches, where this percentage is somewhat higher), the Committee requests the Government to provide information, including statistics, on the number of workers covered by systems other than that provided by the IMSS, with a brief description of the protection from which they benefit. Please also indicate whether the statistics provided in the report include workers employed by the IMSS, who are covered by a special scheme.

With regard to the transitional provisions respecting persons who were already insured under the Mexican Social Security Institute before the coming into force of the new Social Security Act, the Government refers to the eleventh and twelfth sections of the transitional provisions of the Social Security Act. The Committee would be grateful if the Government would provide additional information on the implementation in practice of these provisions, with an indication of any difficulties or disputes to which their application may have given rise. Please also provide practical examples for the various circumstances which may arise.

Finally, the Committee would be grateful if the Government would provide the information requested on the adjustment of old-age, invalidity and survivors’ benefits, as well as the benefits provided in respect of employment injury under the previous pay-as-you-go system, with the statistics on these benefits requested by the report form under Article 65, paragraph 10, of the Convention.