Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

Equality of Treatment (Social Security) Convention, 1962 (No. 118) - Uruguay (Ratification: 1983)

Article 5 of the Convention (branch (g)) (Employment injury benefit) (in conjunction with Article 10). 1. In previous comments, the Committee had pointed out that section 33, paragraphs (1) and (2), of Act No. 16.074 of 1989 permits suspension of a pension if the beneficiaries reside in another country without first designating an agent or proposing another arrangement for payment which is accepted by the State Insurance Bank. In reply, the Government states in its report that the situation remains the same, but the State Insurance Bank has drafted a law concerning this issue which is being prepared.

The Committee notes this information. It recalls that under Article 5 of the Convention the State must ensure the provision of employment injury benefits for nationals of Uruguay and of any other State which has accepted the obligations of the Convention in respect of branch (g), as well as for refugees and stateless persons, when the beneficiary is resident abroad. The Committee therefore hopes that the draft legislation mentioned by the Government will be adopted soon and that it will contain the necessary amendments to ensure ipso jure and without any condition or restriction the provision of these benefits abroad, irrespective of the country of residence of the beneficiary, even when a bilateral or multilateral social security agreement has not been concluded with that country (subject, where appropriate, to the administrative assistance that States which have ratified this Convention are bound to afford each other, under the terms of Article 11). In the meantime, it again requests the Government to state whether the benefits paid to an agent in Uruguay, under the terms of section 33(1) of the above Act, are freely transferable by the agent to the beneficiaries resident abroad and to indicate any other arrangements for payment accepted by the State Insurance Bank under this provision, and to provide the rules adopted respecting the transfer of funds abroad.

In addition, the Committee notes the Government's statement that the State Insurance Bank pays benefits to 15 persons residing abroad who are covered by bilateral agreements. Given this relatively low number, the Committee requests further information on the application of bilateral agreements, as well as information on the number of beneficiaries resident abroad who are not covered by a bilateral agreement.

2. In previous comments, the Committee had drawn attention to the incompatibility with Article 5 of the Convention of the residence requirement set out in the last subsection of section 33 of Act No. 16.074 of 1989, under which the dependants of workers who have died as a result of an industrial accident or occupational disease, who were living abroad at the time of the accident or the disease, are entitled to receive the benefits only from the date on which they settle in Uruguay and only for the period during which they reside there. In reply, the Government states that the above-mentioned draft law will also address this issue. The Committee notes this information and hopes that the draft law will bring the national legislation into conformity with Article 5 of the Convention to ensure in all cases the provision of employment injury pension also to deceased workers' dependants (irrespective of their nationality) residing abroad where the deceased worker was a national of Uruguay, a refugee, a stateless person or a national of another country that has accepted the obligations of the Convention in respect of branch (g).

Article 6. The Committee previously had referred to Legislative Decree No. 15084 of 28 November 1980, under which family allowances provided by the Bank for Social Provisions are conditional upon sending the child to school in public or private teaching establishments authorized by the competent bodies. In reply, the Government states that accords pertaining to family benefits have been concluded with Argentina, Bolivia, Italy and Paraguay, and that the Mercosur customs union is studying the possibility of a multilateral Convention on social security, to which Uruguay will adhere in the future. The Committee notes this information. It recalls that, in accordance with Article 6 of the Convention, each Member which has accepted the obligations of the Convention in respect of family benefit shall guarantee the grant of family allowances both to its own nationals and to the nationals of any other Member which has accepted the obligations of the Convention for branch (i), as well as to refugees and stateless persons, in respect of children who reside on the territory of any such Member, under conditions and within limits to be agreed upon by the Members concerned. It would appreciate being kept informed in future reports of any progress made in concluding bilateral or multilateral social security arrangements with the other States which have accepted the obligations of the Convention for branch (i) and with which there are migratory flows.

Lastly, the Committee again requests the Government to supply statistics on the number and nationality of foreign workers resident in Uruguay.