Solicitud directa (CEACR) - Adopción: 2006, Publicación: 96ª reunión CIT (2007)

With reference to its previous comments, the Committee notes the information provided by the Government in its report. It once again requests the Government to provide additional information on the following points.

Part VI (Employment injury benefit). 1. Article 34. In its previous comments, the Committee requested the Government to indicate in what manner and under which provisions the medical care that must be provided to victims of employment injuries includes, in accordance with Article 34 of the Convention, dental care (point (b)), nursing care at home (point (c)), maintenance in hospitals, convalescent homes, sanitoria or other medical institutions (point (d)), dental supplies, eyeglasses and prosthetic appliances (point (e)), and care furnished by members of such other professions as may be recognized as allied to the medical profession (point (f)). The Committee noted that the provisions to which the Government referred, namely section 29(b) and (d) of the Social Security Act, which refer to section 15(I) of the above regulations, establish that sickness and maternity insurance does not cover the provision of eyeglasses or dental care, with the exception of extractions, fillings and cleaning. In view of the fact that the Government refers once again to the same legislative provisions, the Committee is bound once again to hope that the Government will take the necessary measures to ensure the provision of full dental care and of eyeglasses, in accordance with Article 34(c) and (e) of the Convention.

2. Article 36, paragraph 3(b). In its previous comments, the Committee noted that, in accordance with section 58 of the Social Security Act, periodical payments due in the event of employment injury, where a worker suffers partial permanent incapacity of between 25 and 50 per cent, may be converted into a lump sum. The conversion of periodical payments into a lump sum is optional where the incapacity is greater than 25 per cent and less than 50 per cent. The Committee therefore drew the Government’s attention to the need for the competent authorities to adopt the necessary measures, in accordance with this provision of the Convention, to satisfy themselves that the beneficiaries will use the lump sum properly. In its reply, the Government indicates that this provision of the Convention could be in violation of one of the individual guarantees established by the Political Constitution of the United States of Mexico. The Committee notes this information. It is bound to emphasize that Article 36, paragraph 3(b), of the Convention is not intended to deprive the worker of the product of her or his work. The objective of this provision is to enable the worker, and all those dependent on the worker, to meet her or his needs throughout the contingency and, where the periodical payment is converted into a lump sum, for the competent authorities to satisfy themselves, in the interests of the insured person, of its proper utilization. It is therefore the responsibility of the competent authorities to establish the conditions in which they can satisfy themselves that beneficiaries will use the lump sum provided to them properly. It therefore requests the Government to take the necessary measures for this purpose.

Part XI (Standards to be complied with by periodical payments), Article 65 in relation to Articles 16, 36, 50, 56, 57, 62 and 63. 1. In its previous comments, the Committee noted that the Government had recourse to paragraph (d) of Article 65(6) in determining the skilled manual male employee and that the wage of a skilled male manual employee must be equal to 125 per cent of the average earnings of all the persons protected. In its latest report, the Government refers instead to the information provided under Part V of the Convention (old-age benefit), for which it has recourse to Article 66 of the Convention, Titles I and III of the report form. Noting that these benefits are calculated on the basis of the last daily wage on which contributions are calculated, the Committee requests the Government to provide information on the amount of sickness benefit, employment injury benefit, maternity, invalidity and survivors’ benefit, for which recourse is had to the provisions of Article 65 of the Convention.

Part XI (Standards to be complied with by periodical payments), Articles 65, paragraph 10, and 66, paragraph 8 (Adjustment of the rate of benefit). The Committee notes the information provided by the Government on fluctuations in earnings and benefits during the period December 2002 to June 2006. It requests the Government to provide information on the cost-of-living index for the same period.