Equality of Treatment (Social Security) Convention, 1962 (No. 118) - Mexico (Ratification: 1978)

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

In order to provide a comprehensive view of the issues related to the application of ratified Conventions on social security, the Committee considers it appropriate to examine Conventions Nos 17 (workers’ compensation, accidents), 102 (social security, minimum standards) and 118 (equality of treatment, social security) together .

Article 2 of Convention No. 17. Coverage of workers for occupational accidents. (i) Coverage of apprentices. The Committee notes the information provided by the Government in response to its previous comment, in which the Committee requested the Government to explain how persons working in an enterprise or institution within the framework of vocational training were protected, in law and in practice, in the event of an employment accident, in accordance with the Convention.

The Committee notes the Government’s indication in its report that the Federal Labour Act provides for a legal status similar to that of apprenticeship, called “recruitment for initial training”, through which workers acquire the knowledge or skills needed to perform the activity for which they may be recruited. The maximum duration of initial training is three months, with the possibility of extension to six months in higher posts, and a written employment contract must be issued to ensure the worker’s social security coverage. The Committee notes that the Act also provides for an additional trial period of 30 to 80 days, enabling the worker to benefit from social security coverage during that period. Finally, the Committee notes that the Political Constitution of the United States of Mexico provides, in Article 123(A), that employers shall pay the compensation arising from employment accidents and occupational diseases of workers, irrespective of the occupational category of the workers. The Committee takes due note of this information.

(ii) Coverage of certain workers in the public sector for employment accidents. In its previous comments, the Committee requested the Government to provide statistical data on the number of public sector workers who are not covered by employment accident insurance, and to take the measures necessary to include these categories of workers in the compulsory social security system, including in the event of employment accidents. In this regard, the Committee takes note of the Government’s reply, indicating that in the first quarter of 2016, out of almost 5 million public sector workers, 670,688 persons, equivalent to 13.6 per cent of workers, did not have access to social security. The Committee recalls that Article 2 of the Convention provides that the laws and regulations as to workers’ compensation for industrial accidents shall apply to workers, employees and apprentices employed by any enterprise, undertaking or establishment of whatsoever nature, whether public or private. The Committee therefore requests the Government to take the necessary measures to ensure compensation for all victims of industrial accidents covered by the Convention, or their dependants, in conformity with the Convention. The Committee also requests the Government to provide information on any measure taken or envisaged in this regard.

Article 5 of Convention No. 17. Employment accident compensation paid in the form of a lump sum. In its previous comment the Committee noted that under section 58(III)(3) of the Social Insurance Act (LSS) of 1995, when the rate of permanent partial incapacity is between 25 and 50 per cent, an insured person may choose between the payment of either a pension or a lump sum, and requested the Government to take the necessary measures to comply with Article 5 of the Convention. The Committee notes the Government’s response, confirming that the payment of a lump sum in lieu of a pension is not in compliance with the substantive principle of the protection of insured persons set out in the Political Constitution of the United States of Mexico. In practice, the beneficiary might not put aside sums for habitual medical services, nor foresee the extent of his or her expenses, thus placing the objective of the compensation in jeopardy.

In view of the above, and observing the absence of sufficient guarantees for the competent authority to be satisfied that the lump sum be properly utilized, the Committee considers that the condition set out in Article 5 of Convention No. 17 for the compensation to be paid in the form of a lump sum instead of a periodical payment is not met. The Committee therefore requests the Government to take the necessary measures to give effect to this provision of the Convention, and to provide information on the measures taken or envisaged in this regard.

Article 8 of Convention No. 17. Procedure for reviewing the degree of incapacity. The Committee notes the information provided by the Government on the provisions on reviewing the degree of incapacity after a period of two years contained in section 60 of the LSS.

Article 10 of Convention No. 17. Normal wear and tear of artificial limbs and surgical appliances. In its previous comments, the Committee requested the Government to indicate the manner in which the right of victims of occupational accidents to the renewal of artificial limbs and surgical appliances following normal wear and tear was implemented in practice. The Committee notes the Government’s indication that the LSS provides for the supply of artificial limbs and surgical appliances, and that the medical and administrative policies and activities that the personnel of the Mexican Institute of Social Security (IMSS) must apply are set out in the Procedure for the provision or repair of artificial limbs, surgical appliances and functional aids to insured patients in the physical medicine and rehabilitation services and units of the IMSS (2680-A03-002). The Committee also observes that section 61 of the Act on the ISSSTE of 2007 envisages the provision in kind of prosthetic and orthopaedic appliances. The Committee requests the Government to indicate the laws or regulations that provide for the right to the normal renewal of artificial limbs and surgical appliances for workers affiliated to the ISSSTE and for other workers protected by the Convention.

Article 11 of Convention No. 17. Guarantees in the event of the insolvency of the insurer. In its previous comments, the Committee requested the Government to indicate how the payment of compensation for occupational accidents is guaranteed in the event of the insolvency of the insurer, despite preventive measures; whether mechanisms have been established to protect workers’ claims in the event of the insolvency or dissolution of insurers; and to what extent and in what manner the State could intervene to take the place of insurers to compensate for such losses.

The Committee notes that according to the Government, pursuant to sections 5(I) and (XIIIbis) and 56 of the Retirement Savings Systems Act (LSAR) of 1996, the National Commission for the Retirement Savings System is responsible for taking all the necessary measures to protect workers’ interests. It further notes that in accordance with sections 26 and 27(II), in conjunction with section 2(VI) of the Insurance and Financial Institutions Act (LISF) of 2013, insurance institutions or mutual societies may provide the insurance deriving from social security laws. The Committee also notes that the IMSS may enforce payment of social security contributions through the administrative enforcement procedure, while intervention by other bodies responsible for providing the pensions required by the IMSS means that the legal basis for life annuities and survivors’ benefits is set out in the Social Security Act, the LSAR and the LISF. The Committee further notes that, in accordance with the LISF, insurance institutions are required to constitute reserves and special funds for each of the social security schemes, and that the trustees of the trusts include the Federal Government. The Committee requests the Government to indicate whether, insofar as investment companies administered by insurers are concerned special funds and reserves exist to guarantee the solvency of the insurance institutions whether the State assumes responsibility for the compensation of workers in the event of insolvency of insurers, and to indicate the relevant provisions of the national legislation that so provide.

Part III (Sickness benefit), Article 18 of Convention No. 102. Limitation of the period of provision of sickness benefit. In its previous comments, the Committee noted the Government’s indication that, under section 37 of the Act on the ISSSTE, sickness benefits are paid for a period ranging from 30 to 120 days, depending on the seniority of the worker concerned. Recalling that pursuant to the Convention, the benefit shall be granted throughout the contingency, while authorizing the period during which the benefit is paid be limited to 26 weeks in each case of sickness, the Committee requested the Government to indicate the measures taken or envisaged to ensure compliance with this requirement of the Convention.

In this regard, the Committee notes that according to section 37 of the Act, the financial aid may continue for up to 78 weeks (52 weeks initially, and 26 weeks subsequently). This section 37 also states that workers with under one year of service may be granted leave of up to 30 days; those with between one to five years of service, up to 60 days; those who have between six and ten years of service, up to 90 days; and those who have more than ten years of service, up to 120 days, of which half are paid in full, with the second half at 50 per cent. If, at the expiry of the leave, the worker remains incapacitated for work, he or she shall be granted unpaid leave for the duration of the incapacity, for up to 52 weeks from its onset and, during the period of unpaid leave, the Institute shall pay the worker the cash equivalent of 50 per cent of the basic wage he or she was receiving at the moment of the incapacity, extended by 26 weeks if the incapacity continues. Taking into account the average number of benefits provided, the Committee requests the Government to specify whether the maximum sickness subsidy of 78 weeks’ duration is guaranteed after the expiry of the sick leave for all the above groups of workers affiliated to the ISSSTE, irrespective of their years of service, as well as to workers with less than one year of service.

Part V (Old age benefit), Article 29(2)(a) of Convention No. 102. Reduced pension after 15 years of contribution or employment. The Committee notes the Government’s indication, in response to the Committee’s request for information regarding the right to a reduced old-age pension after 15 years of contribution or employment, that following the reform of the LSS of 16 December 2020: (i) the 1,250 weekly contributions required for entitlement to an old-age benefit has been reduced to 1000 weekly contributions; (ii) sections 154 and 170 of the LSS, as amended, provide for a qualifying period of 1000 weekly contributions for entitlement to the old-age benefits branch, and to the guaranteed pension, approximately corresponding to 20 years of contributions: (iii) transitional section 4 of the Decree reforming the LSS provides for a transitional qualifying period of 750 weeks in 2021, corresponding to 15 years, which will be increased by 25 weeks annually so as to reach the 1000 weeks provided in section 170 in 2031.

The Committee also notes that under the ISSSTE pensions scheme (section 80 of the Act on the ISSSTE of 2007), it is possible to obtain an old-age pension having contributed for under 15 years, provided that there are sufficient resources attained in the individual account for a pension 30 per cent higher than the amount of the corresponding guaranteed pension. However, the Committee observes that the number of years necessary for the attaining the required level of resources to have a right to a pension may vary for different persons, and that the law does not guarantee the right to a reduced pension to all persons protected who have completed 15 years of contribution or employment, as required by Article 29(2) of the Convention. The Committee however notes that transitional section 10(I)(c) of the Act on the ISSSTE of 2007 provides for the possibility of obtaining an old-age pension after ten years of contributions.

The Committee also takes note of the measures indicated by the Government to reduce the number of weeks of contribution required to obtain a right to a reduced pension by the insured persons under the IMSS pension scheme with a view to apply Article 29(2) of the Convention.

The Committee requests the Government to specify whether both the ISSSTE and the IMSS pension schemes following the transitional period 2021-2022, as envisaged in the reform Decree of 16 December 2020, will guarantee a reduced old-age benefit for all affiliated workers who have completed a qualifying period of 15 years of contribution or employment. The Committee also requests the Government to provide the statistical information to demonstrate the application of Article 29 of the Convention.

Part XIII (Common provisions), Articles 71(3) and 72(2). General responsibility of the State for the due provision of benefits and for the proper administration of social security institutions and services. The Committee notes that, in response to its request to provide an actuarial evaluation of the various pension and health service schemes, the Government indicates that the ISSSTE produces annually the Financial and Actuarial Report (IFA) and the Financial and Actuarial Valuation (VFA). The Committee further notes the references to the editions for recent years provided by the Government. In addition, Government indicates Decision No. 15.1368.2019 approving the ISSSTE’s Institutional Programme 2019-2024, which provides, inter alia, for an analysis of the current state of the Institute, including an assessment of the problems, objectives and priorities. The Committee requests the Government to report the action taken for the implementation of the ISSSTE Institutional Programme 2019-2024, in light of the provisions of Articles 71(3) and 72(2) of the Convention.

Article 5, in conjunction with Article 10 of Convention No. 118. Payment of long-term benefits abroad. Taking note of the information provided by the Government in response to its previous comments, the Committee once again requests the Government to provide information on the benefits provided to its own nationals and to refugees and stateless persons in the event of residence in a country with which no bilateral agreement has been concluded.

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

Article 5 of the Convention (read in conjunction with Article 10). Payment of long-term benefits abroad. The Committee notes the statistical information supplied by the Government with its 2011 report on the pensions paid in countries with which bilateral social security conventions have been concluded, i.e. Argentina, Canada, Italy, Spain and the United States. The Committee invites the Government to provide in its next report statistical information on invalidity benefits, old-age benefits, survivors' benefits and death grants, and employment injury pensions paid by virtue of sections 159(IV), 117, 120 and 127 of the Social Security Act to nationals of any other country party to Convention No. 118 which has accepted the obligations of the Convention in respect of these branches (as well as to nationals of countries party to the Equality of Treatment (Accident Compensation) Convention, 1925 (No. 19), in respect of employment injury benefits). Please also provide information on benefits to its own nationals and to refugees and stateless persons, in the event of residence in a country with which no bilateral agreement has been concluded.

The Committee notes the information provided by the Government in reply to its previous comments confirming that the national legislation does not establish a condition of residence in Mexico with respect to beneficiaries of survivor pensions.

Parts II, IV and V of the report form. Application of the Convention in national law and practice. The Committee notes with interest Decision No. 182068, rendered in February 2004 by the Collegial Tribunal of Circuit, which, based on the provisions of the Convention, decided that foreign workers who fall victims of occupational injuries shall be afforded protection regardless of whether they are in a regular situation in the country. The Committee invites the Government to explain whether and how this decision has been implemented in practice. The Committee also requests the Government to supply with its next detailed report the information requested by the report form under each of the provisions of the Convention.

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

The Committee notes the information provided by the Government in its report. It notes in particular the text of the social security agreements concluded with Spain and Canada, as well as the statistical data on foreign insured persons. It further notes the information provided by the Confederation of Workers of Mexico according to which five agreements have now been concluded relating to the transfer of pensions with Argentina, Canada, Italy, Spain and the United States.

Article 5 of the Convention. 1. In its previous comments, the Committee requested the Government to provide information on the effect given in practice to section 117 of the Social Insurance Act and to provide statistical data on any payments made abroad, the amount of such payments, the nationality of the beneficiaries and the countries in which the payments are made, with an indication of the controls imposed by the body responsible for paying the pensions, and the administrative costs charged for the transfer of the funds. In its report, the Government indicates that, under the terms of sections 159(IV), 117, 120 and 127 of the Social Insurance Act, the Mexican Social Security Institute (IMSS) only determines the right of a protected person or beneficiary to receive a periodical payment for life, in which case, once the entitlement has been created, the IMSS is under the obligation to transfer the amount concerned to the insurance institute selected by the protected person, which has to cover the monthly pension. Consequently, it is the insurance institution that is responsible for paying the pension and transferring the benefit abroad, where appropriate. As a consequence, the Government is not in a position to be able to provide statistics on the effect given to section 117 of the Social Insurance Act, under which, as already noted, the payment of periodical payments for life is made by insurance companies and not the IMSS.

In view of the Government’s statement, the Committee is bound to emphasize that it is the State that has to ensure the full application of the Convention. It recalls that Article 5 of the Convention, in providing that the State shall guarantee the provision of long-term benefits in the event of residence abroad, requires measures to be taken to ensure the effective payment abroad of the benefits referred to by the above Article, which implies that beneficiaries residing abroad should be able to receive the benefits due as soon as possible and without deduction. The information requested is fundamental for the Government to ascertain the appropriate operation of the procedures governing the payment abroad of long-term benefits in the event of residence abroad, and therefore the fact that they are actually paid in practice. This being the case, the Committee is bound to urge the Government to provide the requested information, including statistical data on any payment made abroad, the amount of such payments, the nationality of the beneficiaries and the countries in which the payments are made, with an indication of the controls imposed by the body responsible for paying the pensions, and the administrative costs charged for the transfer of the funds.

2. In its previous comments, the Committee noted that the Social Insurance Act does not explicitly provide for the payment of benefits abroad in cases where the beneficiary, for example a survivor, has never been resident on Mexican territory. The Committee therefore requested the Government to indicate in its next report the measures adopted or envisaged to guarantee the payment of benefits abroad to those survivors who have never been resident on Mexican territory. As the Government confines itself to reiterating its previous reply to the effect that, in the same way as the Convention, the Social Insurance Act does not explicitly provide for such payment, the Committee is bound to draw the Government’s attention once again to the fact that, in accordance with Article 3, paragraph 2, of the Convention, in the case of survivors’ benefits, such equality of treatment shall also be granted to survivors of the nationals of a Member for which the Convention is in force. This being the case, the Committee is bound to emphasize the need for the Government to adopt the necessary measures to ensure the payment of benefits abroad to survivors who have never been resident on Mexican territory. It requests the Government to provide information on the measures adopted to this effect.

[The Government is asked to reply in detail to the present comments in 2008.]

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

Article 5 of the Convention. 1. In reply to the Committee’s previous comments, the Government observes that Article 5 of the Convention does not provide that benefits must be long term, nor does it refer to measures to guarantee their effective payment, nor that beneficiaries resident abroad should receive the benefits due as rapidly as possible. Section 117 of the Social Insurance Act guarantees beneficiaries, irrespective of their nationality, the payment abroad of benefits with regard to parts (d), (e), (f) and (g) of the Convention. To be able to receive a pension abroad, it is sufficient for pensioners who transfer their residence abroad to send in a notification and an authorization for the insurer or administrator of the pension fund to pay the pension in the place indicated. The place of payment selected by pensioners has no effect on their pension entitlements and they only have to comply with the controls established by the body responsible for the payment of the pension with a view to ascertaining that the person entitled to receive it is alive at the time of payment. The Committee notes the Government’s statement. It recalls that Article 5 of the Convention does not apply to all the types of benefit in respect of which the obligations of the Convention may be accepted, but only to invalidity benefit, old-age benefit, survivors’ benefit and death grants, and to employment injury benefit. It therefore only addresses "pensions", that is permanent periodical payments, and not temporary benefits, nor the single benefit payments that are at times provided as the only compensation in the event of permanent incapacity caused by an employment accident or occupational disease. The Committee also recalls that the objective of the Convention is to protect workers against loss of income, which is all the more difficult when it affects persons who are far from their homeland or who have returned to it. Delays in the payment of benefits, in the same way as reductions in their amount, are therefore incompatible with the objectives of the Convention. The Committee is aware that, while the payment of benefits to persons resident abroad is an objective which is often difficult to achieve, States have to make the necessary efforts in this respect. The Committee notes in this regard the information concerning the social security agreements concluded by Mexico with the United States, Spain, Italy and Argentina, with indications on the number of beneficiaries who received pensions abroad. The Committee requests the Government to provide information in its next report on the application in practice of section 117 of the Social Insurance Act, and to provide statistical data on any payments made abroad, the amount of such payments, the nationality of the beneficiaries and the countries in which the payments are made, with an indication of the controls imposed by the body responsible for paying the pensions, and the administrative costs charged for the transfer of the funds.

2. With regard to the payment of benefits abroad where the beneficiary, such as for example a survivor, has never been resident in Mexican territory, the Government indicates that, in the same way as the Convention, the Social Insurance Act does not explicitly provide for such payments. Nevertheless, section 117 of the Social Insurance Act entitles beneficiaries to receive their pensions irrespective of their nationality or country of residence. With regard to pensions, the social security agreements concluded by Mexico with Spain (1994) and Canada (1995) establish the possibility of paying pensions abroad irrespective of the nationality of beneficiaries who have never been resident on Mexican territory. The Committee notes the Government’s statement. It recalls that Article 5, paragraph 1, in conjunction with Article 4, paragraph 1, of the Convention establishes the obligation of the payment of the benefits enumerated in Article 5, paragraph 1, to beneficiaries resident abroad, without any condition as to residence and irrespective of whether or not agreements have been concluded with other countries. The Committee also recalls that, in accordance with Article 3, paragraph 2, of the Convention, in the case of survivors’ benefits, equality of treatment shall be granted also to the survivors of the nationals of a member State for which the Convention is in force. The provision of such benefits abroad is of particular importance for the survivors of persons who work in countries where family reunion is not permitted. The Committee therefore requests the Government to provide information in its next report on the measures which have been taken or are envisaged to guarantee the payment of benefits abroad to those survivors who have never been resident on Mexican territory. It also requests the Government to provide the texts of the above social security agreements, as well as of any agreement concluded subsequently by the country in this respect.

Articles 7 and 8. With reference to its previous comments, the Committee notes that the Government has not concluded new social security agreements. In this context, the Committee notes the statistical information concerning the number of foreign workers now engaged in gainful work in Mexico. The Committee hopes that the Government will continue to make efforts to conclude agreements with States which are parties to this Convention and with which there are migratory flows (such as Brazil, Cuba, France, Germany, Guatemala, Uruguay and Venezuela) with a view to the participation of these countries in a scheme for the maintenance of acquired rights and rights in process of acquisition.

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

Article 5 of the Convention.  In reply to the Committee’s previous comments, the Government states that, in its opinion, Article 5 of the Convention does not impose any requirement on social security institutions, nor on the governments which administer them, to cover the costs of transferring the funds needed for the payment of pensions outside the country. The Government also recalls the terms of section 117 of the Social Insurance Act, under which any beneficiaries who transfer their residence abroad may continue receiving their pension abroad, as provided for in international Conventions, when the administrative costs of making payments abroad are covered by the beneficiary. It therefore considers that this provision guarantees to beneficiaries, irrespective of their nationality, the payment of old-age, invalidity and survivors’ pensions, as well as employment injury pensions, irrespective of their country of residence, since section 117 of the Social Insurance Act does not envisage any restriction which would prevent a beneficiary from receiving payment of his/her pension at his/her place of residence, including abroad.

The Committee notes this information. It wishes to recall that Article 5 of the Convention, by indicating that the State shall guarantee the payment of long-term benefits when beneficiaries are resident abroad, requires measures to ensure the effective payment abroad of the benefits referred to in this Article, which implies that beneficiaries residing abroad are able to receive the benefits due to them rapidly and without reduction. It is not therefore sufficient that the legislation does not contain provisions preventing the payment of benefits abroad. The Committee hopes that the Government will be able to reconsider the matter and that it will be able to indicate in its next report the measures which have been taken or are envisaged to ensure, under the conditions recalled above and irrespective of the conclusion of bilateral agreements, the payment of benefits (under branches (d), (e), (f) and (g)) in the event of residence abroad, both for nationals of Mexico as well as nationals of other States which have accepted the obligations in respect of the branches in question, as well as for refugees and stateless persons, without any reduction. The Committee also hopes that the Government will be able to indicate the measures which have been taken or are envisaged to ensure the payment of benefits abroad in cases where the beneficiary, such as a survivor, has never resided on Mexican territory, since section 117 of the Social Insurance Act only refers to cases in which beneficiaries leave Mexico to live abroad.

Furthermore, the Committee would be grateful if the Government would provide statistical information in its next report on the number of beneficiaries who receive long-term benefits which are due to them abroad under Mexican legislation.

Articles 7 and 8. The Committee notes the information provided by the Government. It hopes that in future reports the Government will be able to provide information on the progress achieved in the conclusion of agreements with States for which this Convention is in force and with which there are migratory flows, with a view to the participation of these States in a scheme for the maintenance of acquired rights and rights in course of acquisition.

Finally, the Committee hopes that the Government will not fail to provide statistics on the number of foreign workers in Mexico, by nationality, when these are available.

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

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:

Article 5 of the Convention. The Committee notes that under section 117 of the Social Insurance Law of 12 December 1995 a person in receipt of an invalidity, old age, survivors' or workers' compensation pension who transfers his or her domicile abroad may continue receiving the pension during this absence, as provided for by international conventions. The Committee requests further information on the application of this provision in practice regarding branches (d), (e), (f) and (g), for Mexican nationals and nationals of other States which have accepted the branch in question. It also requests further information on what provisions exist for payment of benefits abroad in cases where the beneficiary, such as a survivor, was never resident in the territory.

The Committee also notes that under section 117 of the Social Insurance Law of 1995 the administrative costs of transfer of payment abroad will be deducted from the pensioner's account. It recalls that under Article 5 benefit must be paid abroad as of right and without any restrictions, and requests further information on the measures taken or envisaged to give full effect to this provision of the Convention on this point.

Articles 7 and 8 of the Convention. Further to its previous comments, the Committee notes the information supplied in the Government's report, in particular that bilateral agreements have been signed with Canada and Argentina. It would appreciate being kept informed of any further progress towards the conclusion of agreements with countries for which the present Convention is in force and in respect of which there are migratory flows, with a view to participating with such States in a system for the maintenance of acquired rights and rights in the course of acquisition.

The Committee also notes the statistical information supplied by the Government concerning the number of foreign workers receiving social security benefits. However, it again requests the Government to provide statistical information on the nationality of foreign workers employed in the national territory, in accordance with point V of the report form adopted by the Governing Body.

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

Article 5 of the Convention. The Committee notes that under section 117 of the Social Insurance Law of 12 December 1995 a person in receipt of an invalidity, old age, survivors' or workers' compensation pension who transfers his or her domicile abroad may continue receiving the pension during this absence, as provided for by international conventions. The Committee requests further information on the application of this provision in practice regarding branches (d), (e), (f) and (g), for Mexican nationals and nationals of other States which have accepted the branch in question. It also requests further information on what provisions exist for payment of benefits abroad in cases where the beneficiary, such as a survivor, was never resident in the territory.

The Committee also notes that under section 117 of the Social Insurance Law of 1995 the administrative costs of transfer of payment abroad will be deducted from the pensioner's account. It recalls that under Article 5 benefit must be paid abroad as of right and without any restrictions, and requests further information on the measures taken or envisaged to give full effect to this provision of the Convention on this point.

Articles 7 and 8 of the Convention. Further to its previous comments, the Committee notes the information supplied in the Government's report, in particular that bilateral agreements have been signed with Canada and Argentina. It would appreciate being kept informed of any further progress towards the conclusion of agreements with countries for which the present Convention is in force and in respect of which there are migratory flows, with a view to participating with such States in a system for the maintenance of acquired rights and rights in the course of acquisition.

The Committee also notes the statistical information supplied by the Government concerning the number of foreign workers receiving social security benefits. However, it again requests the Government to provide statistical information on the nationality of foreign workers employed in the national territory, in accordance with point V of the report form adopted by the Governing Body.

[The Government is asked to supply a detailed report in 1998.]

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

The Committee takes note of the information supplied by the Government in its report for the period ending 30 June 1991.

Article 7 and 8 of the Convention. The Committee asks the Government to report on any further progress towards the conclusion of agreements with countries for which the present Convention is in force and in respect of which there are migratory flows (Guatemala, for example) with a view to participating with such States in a system for the maintainance of acquired rights and rights in the course of acquisition.

The Government is also requested to provide statistical information on the number and nationality of foreign workers employed in the national territory in accordance with Point V of the report form adopted by the Governing Body.