Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Social Security (Minimum Standards) Convention, 1952 (No. 102) - Brazil (Ratification: 2009)

The Committee takes note of the Government’s first report received in February 2012 on the application of accepted Parts II to X of the Convention and would like to receive additional information on the following points.

Part II (Medical care) in conjunction with Articles 34 and 49, and Part IV (Unemployment benefit). Please provide the information required under the report form concerning Parts II and IV and Articles 34 and 49 in the next report.

Part VII (Family benefits). Article 40 in conjunction with Article 1(1)(e) of the Convention. The Committee notes that family benefits under Act No. 8.213 of July 1991, are provided to children until the age of 14. However, pursuant to Article 1(1)(e), for the purpose of benefit provision, a child means a child under school-leaving age or under 15 years of age. Therefore, in case family benefits are not provided until the 15th birthday of the child, the Government is requested to take steps to bring the duration of benefits for the maintenance of children in line with the Convention.

Part XI. (Standards to be complied with by periodical payments). For the purpose of calculating the replacement level of benefits, the Government is asked to indicate whether it wishes to have recourse to Article 65 or 66 of the Convention and specify the reference wage of a standard beneficiary and the rate of the benefit received in respect of each contingency. With respect to family benefits, please also provide the statistical data and calculations of the total value of family benefits according to Article 44 of the Convention.

Part XIII (Common provisions). Articles 71 and 72. Financing. The Committee understands that sections 7 and 8 of Act No. 12.546 of 14 December 2011, as subsequently amended, have modified Act No. 8.212 of 24 July 1991 on the organization of social security, substituting the 20 per cent contribution on the total remunerations paid borne by employers in determined sectors, by a contribution of 1 per cent or 2 per cent on gross revenue. Taking into account the innovative character of this approach, the Committee would like the Government to include in its next report the assessment of the experience with regards to the advantages and disadvantages of such a system. At the same time, the Committee is concerned that a significant reduction in the total level of contributions by employers in the affected sectors, which would apparently decrease in 2013 to R$8.74 billion from R$21.57 billion, may lead to a deficit in the social security system. The Committee would therefore like the Government to confirm that appropriate actuarial studies were carried out before the introduction of the new method of the collection of employers’ social security contributions, that the 2013 state budget contains provisions empowering the Government to fix any expected deficit of the system, and that a reduction in contributions will not translate in a reduction of the level of benefits.