Individual Case (CAS) - Discussion: 1992, Publication: 79th ILC session (1992)

The Government communicated the following information:

The Government, following the conclusions of the Committee on Social Security, will submit to the Congress a draft law to reform the existing system.

As regards various Articles of the Convention, the Government indicates the following:

Article 2. Concerning limitations related to the non-application of the compensation for occupational accidents, the corresponding provisions were abandoned in practice taking into account that, due to the economic factors (inflation), there are no enterprises with less than 50,000 Colombian pesos of registered capital.

Article 5. Under sections 23, 60, 61, 62 and following regulatory Decree No. 1848 of 1969, a public official who suffers from temporary or permanent invalidity due to an occupational accident has a right to receive a pension which, in terms of the Convention, corresponds to periodical payments.

The articles in question provide:

Section 23: 1. In case of permanent partial incapacity a public official has a right to compensation proportional to the degree of incapacity which is determined on the basis of the salary received and the amount of which should not be less than one month's salary nor superior to 23 months of salary. (...)

2. In case of permanent total incapacity or great invalidity, the employee has a right to an invalidity pension regulated in Title XII (section 23).

Section 60 provides that every public official who suffers temporary or permanent invalidity has a right to receive an invalidity pension.

Section 61 further indicates that for the effects of the invalidity pension, a public official will be considered an invalid if he for whatever reason has lost in percentage not less than 75 per cent of his working capacity, provided that such loss is not the result of an intentional act, commission of a grave fault, or an unjustified and grave violation of safety regulations.

Article 7. Victims of occupational accidents who become incapacitated and need the constant help of another person are considered by the Colombian legislation as falling under the category of "great invalidity" which provides for special treatment to the extent that section 21 of Decree No. 3170 of 1964 stipulates that a worker has a right, in these circumstances, to receive a pension (rent) equivalent to 85 per cent of a basic monthly salary, which is higher than that for the permanent absolute incapacity fixed at 70 per cent.

Article 10. Section 10 of Decree No. 3224 of 1981 provides: a worker covered by the social security who is a victim of an occupational accident or suffers from an occupational disease has a right:

(a) to the necessary medical, surgical, hospital and pharmaceutical aid as well as to the other necessary therapeutic means (without any other limit but that related to the duration of contingency);

(b) to the supply, repair and renewal of the orthopaedic appliances and prostheses the use of which is considered to be necessary due to the injury received and under the conditions established by special regulations.

As concerns the National Fund for Social Protection which covers social security for the employees and workers of the State, section 25 of resolution No. 2640 of 1984 stipulates: a member affected by a disease of occupational or non-occupational origin or by an occupational accident has a right to have the National Fund for Social Protection provide him with the corresponding medical help without any limitation and for all the time which will be necessary, including the supply of the orthopaedic appliances, prostheses and surgical measures.

In addition, a Government representative, the Minister of Labour and Social Security, referred to the observation of the Committee of Experts where it requested that steps be taken to amend the legislation on workmen's compensation of industrial accidents in order to bring the legislation in question fully into line with the Convention. With respect to Article 2 of the Convention, the provisions mentioned in the observation had been repealed in practice. It was indeed impossible to establish enterprises with a capital which was less than 50,000 Colombian pesos (around US$75). With regard to the points related to the application of Article 5 of the Convention, the Committee of Experts should again examine this question in the light of the provisions of the regulatory Decree No. 1848 of 1969 mentioned by the Government in its written communication and which clarifies Decree No. 3135 of 1968. As concerns the application of Article 7 of the Convention, it was appropriate to add that victims of occupational accidents who became incapacitated and who needed the constant help of another person were considered by the Colombian legislation as falling under the category of "great invalidity". These persons had the right to receive a special pension which was higher than that granted in the case of permanent absolute incapacity.

As regards Article 10 of the Convention, the provisions of Decree No. 3224 of 1981 and of Resolution 2640 of 1984 provided for services of medical assistance to workers in the private and public sectors as well as the supply of prostheses and orthopaedic appliances. It would be appropriate to take note of these legislative texts to which the Committee of Experts made no reference in its observation. In the event where the slightest divergence subsisted between the legislation and practice and the Convention, the Government was ready to examine the question and to put proposals before Congress with a view to amending the relevant laws. With regard to point 2 of the observation, the Government shared the concern felt by the Committee of Experts as to the number of people covered by the social security scheme. This was a problem that occurred in both developed and developing countries as was demonstrated in the tripartite seminar organised by the ILO in 1991 on the future of social security in industrialised countries. The constituents showed themselves to be conscious of this problem by providing in the Constitution that the State of Colombia should extend social security coverage by progressive stages. Social security coverage, both territorially as well as in terms of the number of persons covered, could be extended.

The Employers' members thanked the Government representative for this information but regretted that it had not been made available to the Committee of Experts. With respect to Article 2 of the Convention, the Government maintained that in practice it complied with the requirements of the Convention. It should thus not be a problem to ensure that the legislation itself was brought into line with the Convention. With respect to Article 5, the Government cited a different Decree to that relied upon by the Committee of Experts and it would be appropriate to submit this Decree to the Experts for their review. With respect to Article 7, which concerned additional compensation to victims of industrial accidents, it appeared that some compensation was provided for by Decree No. 3170 and it would be appropriate to submit this text as well to the Committee of Experts for review. The application of Article 9 of the Convention was not referred to either in the written or the oral presentation of the Government representative. It would be useful if he explained the way in which his Government complied with this provision. As for Article 10, the Government representative once again cited a different Decree to that which was referred to by the Committee of Experts. The Committee of Experts in its report also asked for some statistical information with respect to the number of persons who were actually protected by the workmen's compensation laws. This number appeared to be quite low but, based on the new information that the Conference Committee had received, this figure could in fact be substantially higher and this new information should be provided to the Committee of Experts. Generally, the Experts needed to study this legislation attentively so that this Committee could be in a better position in the future to determine whether the Government of Colombia had met the requirements of the Convention.

The Workers' members indicated concern about ensuring the extension of the social security scheme to the whole of the population as soon as possible because the Committee of Experts themselves wanted detailed information on the progress achieved, with a view to progressively extending this scheme throughout the national territories. Current figures showed that about 31 per cent of the active population was covered by the scheme but that a higher figure would be noted and appreciated by this Committee. Moreover, the Committee of Experts had indicated that in making an assessment of whether a government had fulfilled the commitments it had entered into concerning the Conventions which it had ratified, it was not only the laws that mattered but that statistical information was needed as well. The Government representative was invited to submit such information not only to this Committee but also to the Committee of Experts in order to make such an assessment.

A Workers' member from Greece added that the Committee of Experts had very clearly established that the Colombian legislation was not in conformity with the provisions of the Convention. The Government representative should clearly indicate if his Government intended to amend this legislation which seems to be a relatively simple procedure. It was sad to have to discuss the application of a Convention relating to accidents at work since this was a problem which should first be dealt with by preventive measures. Governments should, for their part, apply legislation which was in conformity with the Convention.

The Government representative specified that, in the event that the examination of the new observations of the Committee of Experts revealed the need to revise the current legislation, his Government would be ready to put the matter before Congress which would then have the last word in accordance with the democratic system prevailing in his country.

A Workers' member from France, recalling that the Committee of Experts had indicated that only 31.2 per cent of the active population was covered by social security, considered that this low percentage required a more specific explanation from the Government representative, particularly regarding practical measures which could be taken to this end.

The Government representative confirmed his previous explanation that an eventual legislative reform would not relate to an extension of the social security coverage but to the provisions relating to Articles 2, 5, 7, 9 and 10 of the Convention. The coverage of the social security scheme depended on available funds. The social security scheme was financed by contributions from employers and workers and the State faced many problems in order to comply with its legal obligations in the matter. The assistance of ILO experts would be welcome, as well as, as was suggested by the Director-General of the ILO, international assistance in this domain. His country was absolutely prepared to receive suggestions and ILO assistance in order to obtain the resources that were indispensable in order to extend social security coverage.

The Committee took due note of the information supplied by the Government representative from which it gathered that new documents were available on the points raised by the Committee of Experts. It trusted that the Government would provide this information to the Experts very soon. In view of its concern over a social security scheme not covering all the workers and not being extended to the whole national territory, it expressed its firm hope that it would find the situation in complete conformity with the Convention at one of its next sessions.

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comments: Direct requests C.12, C.17, C.18 and C.19; direct requests C.24 and C.25

The Committee notes the observations provided by the Single Confederation of Workers of Colombia (CUT), the General Confederation of Labour (CGT) and the Confederation of Workers of Colombia (CTC) on the application of Conventions Nos 12, 17, 18 and 19, dated 31 August 2022, which were communicated with the Government’s report. The Committee requests the Government to provide its comments in this regard.

The Committee also notes the observations of the International Organisation of Employers (IOE) and the National Employers Association of Colombia (ANDI), dated 31 August 2022, communicated with the Government’s report.

In order to provide a comprehensive view of the issues relating to the application of ratified social security Conventions, the Committee considers it appropriate to examine Conventions Nos 12, 17, 18, 19, 24 and 25 together in a single comment.

Article 1, Conventions Nos 12, 17, 18, 24 and 25. Representation made under article 24 of the ILO Constitution. Application of the Conventions in practice. Progressive extension of the numbers of persons covered. The Committee notes that, at its 342nd Session (June 2021), the Governing Body found receivable the representation made by the CUT, CGT and CTC under article 24 of the ILO Constitution alleging non-compliance by the Government of Colombia with the Maternity Protection Convention, 1919 (No. 3), the Workmen’s Compensation (Agriculture) Convention, 1921 (No. 12), the Workmen’s Compensation (Accidents) Convention, 1925 (No. 17), the Workmen’s Compensation (Occupational Diseases) Convention, 1925 (No. 18), the Sickness Insurance (Industry) Convention, 1927 (No. 24), the Sickness Insurance (Agriculture) Convention, 1927 (No. 25), and the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144). The Committee observes that the allegations contained in the representation refer to the coverage of protected persons and the guarantee of social security benefits in relation to Conventions Nos 3, 12, 17, 18, 24 and 25. In accordance with its usual practice, the Committee has decided to suspend its examination of matters related to the subjects referred to until the Governing Body adopts its report on the representation.

Article 5 of Convention No. 17. Compensation in the form of a lump sum. The Committee notes the information provided by the Government on guarantees of stability of employment and the obligation of employers to provide rehabilitation measures. The Committee also notes that the legislation provides for the payment of a higher-level compensation benefit in the event of permanent partial incapacity. In this regard, the Committee observes that the Government has not indicated the measures adopted with a view to guaranteeing the proper utilization of the lump sum received in such circumstances. The Committee wishes to recall that Article 5 of the Convention provides that the compensation payable in the event of permanent incapacity or death may as an exception be wholly or partially paid in a lump sum, if the competent authority is satisfied that it will be properly utilized. In this context, the Committee once again requests the Government to indicate the measures adopted so that the competent authorities ensure the proper utilization of the lump sum benefit, in accordance with Article 5 of the Convention.

Article 11 of Convention No. 17.Guarantees of the payment of benefits to workers in the event of the insolvency of the employer or the insurer, and in cases of the failure to register workers. The Committee notes the information provided by the Government in its report that occupational risk administrators are required to take out reinsurance coverage, and that the Guarantee Fund for Financial Institutions (FOGAFIN) is responsible for the payment of pensions in the event of the insolvency of the pension administrator. The Committee further notes that, in the event of the insolvency of enterprises, Act No. 1116 of 2006 grants preference to labour credits, as a result of which workers in enterprises under compulsory liquidation are assisted by the law, on an equal footing, to benefit from the distribution of the active assets during liquidation. With reference to the failure to register workers, the Committee notes that, in the case of workers who are not registered under the General Labour Risks Scheme (SGRL), the State does not guarantee the payment of employment injury benefits, and workers have to have recourse to the ordinary labour courts to make their claims against the responsible employer. In this regard, the Committee notes the observations of the CUT, CGT and CTC indicating that court action takes years to be completed and is costly. The Committee recalls the Government that Article 11 of Convention No. 17 provides that Member States shall make such provision as is deemed most suitable for ensuring in all circumstances the payment of compensation to workers who suffer injury and to their dependants. In this context, the Committee requests the Government to indicate the manner in which the payment of compensation is guaranteed in the case of workers who are not registered with the SGRL, over and above the possibility for them to take action through the ordinary courts. The Committee also requests the Government to provide information on the court rulings handed down recognizing the payment of such compensation.

Article 2 of Convention No. 18. Recognition of occupational diseases. The Committee notes the indication that the regulations on recognition on first application through administrative decisions have been under revision since 4 March 2022 by the Ministry of Finance and Public Credit, which is seeking to reduce to 140 days the procedure for the determination and recognition of loss of capacity for work in all cases. The Committee further notes the Government’s indication that work is being undertaken on a draft text to add Part 5 of Book 3 to Decree No. 780 of 2016, regulating the health and social protection sector, which establishes the procedure for determining the origin of the disease or injury, the degree of invalidity and the date of the recognition and review of the invalidity. In light of the above, the Committee requests the Government to provide information on: (i) progress in the adoption of the regulations referred to above, with a view to the simplification of the process of the recognition of occupational diseases upon first application, and the reduction in the timeframe for their recognition; and (ii) the number of occupational diseases that have been reported and recognized, and the average period of time between their recording and their recognition.

Application in practice of Convention No. 19. The Committee notes the information provided by the Government on the adoption of Decree No. 117 of 2020 establishing a procedure to regularize the status of migrants with a view to reducing informal work and allowing the access to work with insurance coverage of Venezuelan citizens in an irregular migration situation. The Committee also notes Decision No. 1178 of 2021 and Decision No. 572 of 2022 of the Ministry of Health and Social Protection, adopting the temporary protection permit (PPT) as a valid identity document for Venezuelan migrants, with which they can register with the General Social Security System and the General Occupational Risks Scheme, through which they benefit from relevant protection and benefits for employment injuries. The Committee notes the observations of the CUT, CGT and CTC which indicate a lack of the necessary labour inspection to ensure compliance by employers with their obligations under labour law, as workers of Venezuelan nationality are subject to unfair treatment as a result of their vulnerable situation. In this regard, the Committee requests the Government to indicate whether the labour inspection services have reported irregularities in the payment of employment injury compensation to migrant workers.

Article 4(1) of Conventions Nos 24 and 25. Access to medical care. The Committee notes the information provided by the Government on the supervisory measures adopted by the National Health Supervisory Office in relation to health promotion bodies (EPS) and health service providers (IPS) to ensure that they comply with their obligations. The Committee also notes the statistical data, which shows that the number of complaints relating to access to medical care has diminished.

Article 4(2) of Conventions Nos 24 and 25. Sharing in the cost of medical care. The Committee notes the information provided by the Government that the cost share by beneficiaries in Colombia is 15.1 per cent, and that the share of the cost of health services paid by households represents 1.7 per cent of the total cost. The Committee recalls that, while Article 4(2) of the Convention provides that the insured person may be required to pay such part of the cost of medical care as may be prescribed by national laws or regulations, the principle of the provision of care free-of-charge is also established. In this context, the Committee requests the Government to provide information on the public financial assistance measures or policies that exist with a view to preventing hardship for insured persons, especially in cases which may require multiple consultations and complex or long-term medical treatment.

Article 6(1) of Conventions Nos 24 and 25. Non-profit and profit-making health insurance institutions. The Committee notes the information provided on the National Health Supervisory Office in relation to the adoption of measures with a view to the removal of the approval of institutions that do not guarantee the provision of health services to their members, including the partial revocation of the authorization to operate and precautionary measures. However, the Committee notes that the Government has not provided information on the controls carried out of user services by national, district and municipal social security councils in the field of health care. In this context, the Committee once again requests the Government to provide information on the supervisory activities of national, district and municipal social security health councils to monitor user services.

Article 6(2) of Conventions Nos 24 and 25. Participation of insured persons in management. The Committee notes the information provided by the Government on user alliances and associations, the role of which is to represent users in relation to health promotion bodies (EPS) and health service providers (IPS). The Committee further notes External Circular No. 008 of 2018 of the National Health Supervisory Office, which indicates that Benefit Plan Administrators (EAPB) and health service providers (IPS) shall take the necessary action to promote and strengthen the exercise of social participation in accordance with the laws and regulations in force.

Article 9 of Convention No. 24 and Article 8 of Convention No. 25. Right of appeal. The Committee notes the Government’s indication that, within the context of the Social Security System, there exist bodies, time limits and procedures regulated by Decree No. 1072 of 26 May 2015 and Legislative Decree No. 19 of 2012 on the right of appeal in relation to the recognition and granting of benefits for injury and diseases. The Committee notes the procedures described in relation to the recognition authority, the Regional Injury Recognition Board and the National Injury Recognition Board. It also notes the indication that, in addition to the administrative bodies referred to above, persons who are affected may take action through judicial bodies.

Application of Convention No. 24 in practice. Payment of health insurance. The Committee notes the information on the proceedings undertaken by the Supervisory Body delegated by the jurisdictional and conciliation authorities for the resolution of disputes that arose between users and providers in the health care system during the period between August 2018 and July 2022, which does not refer specifically to any progress in the action taken in relation to the employees of the International Aviation Company. The Committee recalls that the Government indicated in previous reports that the Ministry of Labour was undertaking an investigation and that a round table had been established under the leadership of the Deputy Minister for Industrial Relations and Inspection with a view to reaching an agreement. The Committee once again requests the Government to provide specific information on any progress achieved and the possibility of concluding this case.

Conclusions and recommendation of the Standards Review Mechanism. The Committee recalls the recommendations of the Tripartite Working Group of the Standards Review Mechanism, on the basis of which the Governing Body decided that Member States for which Conventions Nos 17, 18, 24 and 25 are in force should be encouraged to ratify the Employment Injury Benefits Convention [Schedule I amended in 1980], 1964 (No. 121), the Medical Care and Sickness Benefits Convention, 1969 (No. 130), and the Social Security (Minimum Standards) Convention, 1952 (No. 102). The Committee encourages the Government to give effect to the decision adopted by the Government Body at its 328th Session (October–November 2016) and to consider the ratification of the most up-to-date social security instruments.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on Workmen’s Compensation, the Committee considers it appropriate to examine Conventions Nos 12 (agriculture), 17 (accidents), 18 (occupational diseases) and 19 (equality of treatment) together.

The Committee notes the observations of the General Confederation of Labour (CGT) on the application of Conventions Nos 12 and 19, received in 2017, and the observations of the Confederation of Workers of Colombia (CTC) and the Single Confederation of Workers of Colombia (CUT), on the application of Conventions Nos 17 and 19, received in 2017.

Article 1 of Convention No. 12. Application of the Convention in practice. Progressive extension of coverage. In its previous comment, the Committee requested the Government to indicate the specific measures adopted to strengthen and extend the coverage of the General Occupational Risks System (SGRL) to agricultural workers. The Committee notes the Government’s reply in its report, in which it indicates that the strengthening and extension of SGRL coverage in the agricultural sector is continuing. The Committee notes that the average number of people insured by the SGRL is approximately 10.1 million, and that in May 2017 there were 372,309 insured persons in the agricultural, livestock, hunting and forestry sector. The Committee also notes the Government’s indication that the General Agreement for the Termination of the Conflict and the Construction of a Stable and Lasting Peace of 2016 laid the foundations for the Comprehensive Rural Reform and action to reduce poverty and inequality to secure the welfare of the rural population. The Committee also notes the allegations of the CTC and the CUT that the agricultural sector has the highest accident rate, and that crops such as sugar cane and palm oil have higher accident rates than the sector as a whole. The Committee also notes that the CGT, while emphasizing the importance of the signing of the Pact for Employment Formalization in the Agricultural and Livestock Sector in 2014, indicates that there is a high level of informality in the sector. The Committee trusts that the implementation of the General Agreement of 2016 and the Pact of 2014 will enable the continued pursuit of the extension of effective occupational accident coverage to agricultural workers and requests the Government to indicate any developments in this regard. The Committee also requests the Government to indicate any other measures envisaged or adopted to extend in practice the laws and regulations on occupational accident compensation to all agricultural wage earners and to give full effect to this Article of the Convention. Lastly, the Committee requests the Government to provide updated statistical data on the number of agricultural workers registered with the SGRL.

Article 1, in conjunction with Article 11 of Convention No. 17. Obligation of the State to guarantee the payment of benefits to workers whose employers have not taken out occupational accident insurance and payment of the allowance in the event of the insolvency of the insurer or employer. In its previous comment, the Committee requested the Government to clarify whether the victim of an occupational accident who is not registered with the SGRL would be entitled to reimbursement of his/her medical expenses and would receive compensation from occupational risk insurers (ARLs). The Committee also requested the Government to indicate the legal provisions that guarantee to victims of an occupational accident or disease the provision of the necessary medical care in the event of the insolvency of the ARL. Lastly, with regard to the insolvency of the employer, the Committee requested the Government to indicate the measures adopted or envisaged to guarantee the rights established by the Convention in the case of the insolvency of employers who are not insured through the SGRL. With reference to the first point, the Committee notes the Government’s indication that the occupational risk insurer to which an occupational accident claim is submitted is wholly liable for the benefits arising out of the accident and its sequelae, irrespective of whether or not the worker is registered with the insurer. Regarding the case of the insolvency of the ARL, the Government indicates that Decree No. 1295 of 1994 provides that the Financial Institutions Guarantee Fund (FOGAFIN) shall guarantee the payment of pensions in the event of loss of assets or the suspension of payments by the occupational risk insurer. Regarding medical care, it is provided by the General Comprehensive Safety and Health System in the case of persons who are not protected for the various reasons described. The Committee also notes the allegations by the CTC and CUT of the lack of protection against the insolvency of the insurer in the event of a loss of capacity for work of less than 50 per cent and in the case of workers whose employers are not insured through the SGRL. In this regard, the Committee notes the Government’s indication that the regulations in force provide for mechanisms for the constitution of reserve funds by ARLs. Concerning workers whose employers are not covered by the SGRL, in the event of the insolvency of the employer, the Committee notes the Government’s indication that the employer is responsible for registering workers and paying contributions to protect against contingencies in the event of occupational accidents or diseases. The State monitors social security registration, and to this end it has adopted Decision No. 1111 of 2017 on minimum standards of occupational safety and health management (now repealed by the new Decision No. 0312 of 2019). The Committee requests the Government to indicate the manner in which it is ensured that compensation is paid to victims of occupational accidents in the case of a loss of capacity for work of less than 50 per cent in the event of the insolvency of the ARL, and of the insolvency of employers not insured by the SGRL.

Article 5 of Convention No. 17. Compensation in the form of a lump sum. In its previous comments, the Committee expressed the hope that the Government would introduce appropriate procedures to strengthen the protection of victims of occupational accidents and diseases against the misuse of lump sum compensation, as provided for in Article 5 of the Convention. The Committee notes the observations of the CTC and the CUT alleging once again that, in the event of an occupational accident or disease resulting in a loss of capacity for work of between 20 and 50 per cent, workers are no longer granted pensions, but receive compensation in the form of a lump sum. The Committee notes the confirmation by the Government that the law establishes the provision of periodical payments only in the case of invalidity and survivors’ pensions for general or occupational injury granted for an incapacity for work of more than 50 per cent, and that the Office’s advice would be welcome to examine the possibility of providing compensation for permanent partial incapacity in the form of periodical payments, without prejudice to the right currently held by workers to the indexed lump sum. The Committee requests the Government to indicate the manner in which the competent authorities ensure the proper utilization of indexed lump sums. The Committee recalls that the Government may avail itself of the technical assistance of the Office to strengthen the measures to ensure the proper utilization of the indexed lump sum, or to examine the possibility of once again establishing periodical payments for workers victims of occupational accidents with a permanent partial incapacity exceeding a certain level. The Committee requests the Government to indicate any developments in this regard.

Article 2 of Convention No. 18. Recognition of occupational diseases. In its previous comments, the Committee requested the Government to respond to the observations of the trade union confederations and to provide information on the manner in which a disease is treated during the first 540 days that precede its classification as an occupational disease, and to indicate the average time for its recognition as such. The Committee also requested the Government to carry out a detailed analysis of the manner in which the national list of occupational diseases complies with the Schedule annexed to the Convention. Regarding the first point, the Committee notes the Government’s indication that Decree No. 1072 of 2015 provides that, where 30 days have elapsed from the end of the comprehensive rehabilitation process and the disease has still not been recognized on first application, in no event may the recognition exceed 540 days following the date of the accident or the diagnosis of the disease, in which case the worker shall have the right to appeal directly to the invalidity recognition board. The Government also indicates that during this period the cash benefits for temporary incapacity and permanent partial incapacity are set by Act No. 776 of 2002. Regarding the second point, the Committee notes the Government’s indication that Decree No. 1477 of 2014 is based on the legal presumption of the occupational nature of the diseases listed in its Schedule in accordance with section 202 of the Substantive Labour Code, and that the list of activities and industries contained in the Schedule of occupational diseases is not exhaustive. Finally, the Committee notes the Government’s indication regarding a draft decree to regulate the process for the recognition of occupational diseases on first application that must be followed by health promotion bodies, ARLs, insurance companies and pension funds. The Committee requests the Government to provide information on the progress achieved in strengthening the legal framework for the recognition of occupational diseases on first application by health promotion agencies, ARLs and other relevant bodies, and on any measures that simplify the recognition of the occupational origin of the occupational diseases listed in the Convention, thereby giving it full effect.

Article 1(1) of Convention No. 19, and the application of the Convention in practice. The Committee notes the Government’s indication that any foreign national who enters the labour market with a contract is entitled to the social benefits provided by the SGRL. The Committee notes the allegations of the CTC and the CUT that the Government has not provided data on the application of the Convention in practice, and their indication that, although under the law there is no difference of treatment of foreign workers for the purpose of the compensation of occupational accidents, in practice many unskilled migrant workers are recruited informally, so that they are not guaranteed registration with the SGRL. The CGT indicates that among foreign workers, irregular workers without a work permit are exposed to the absence of protection, and refers in particular to the situation of Venezuelan migrant workers in Colombia. The Committee requests the Government to provide information, if existing statistics so allow, on the approximate number of foreign workers in the country and on their occupation and nationality. The Committee also requests the Government to provide information on the number and nature of occupational accidents recorded among foreign workers, and on the compensation for occupational accidents provided to workers who are nationals of other member States that have ratified the Convention, and to their dependants.

Lastly, the Committee has been informed that, based on the recommendations of the Standards Review Mechanism Tripartite Working Group (SRM tripartite working group), the Governing Body has decided that member States for which Conventions Nos 17 and 18 are in force should be encouraged to ratify the more recent Employment Injury Benefits Convention, 1964 [Schedule I amended in 1980] (No. 121), or the Social Security (Minimum Standards) Convention, 1952 (No. 102), and accept Part VI (see GB.328/LILS/2/1). The Committee therefore encourages the Government to follow up the Governing Body’s decision at its 328th Session (October–November 2016) approving the recommendations of the SRM tripartite working group and to consider ratifying Convention No. 121 or Convention No. 102 (accepting Part VI), as the most up-to-date instruments in this area.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on social security, the Committee considers it appropriate to examine Conventions Nos 24 (sickness insurance, industry) and 25 (sickness insurance, agriculture) together.

The Committee notes the observations of the General Confederation of Labour (CGT) on the application of Conventions Nos 24 and 25, received in 2017.

Article 4(1) of Conventions Nos 24 and 25. Access to medical care. The Committee notes the Government’s indication that 82.3 per cent of the almost 500,000 complaints received by the National Health Supervisory Office concern the restriction of access to health services. The Committee notes that, according to the CGT, these data show that the effective coverage of members or beneficiaries is completely deficient. The Committee requests the Government to provide its comments in this respect.

Article 4(2). Sharing in the cost of medical care. In its previous comments, the Committee asked the Government to provide statistical information on the number of workers who had been unable to pay the stipulated percentage for medical expenses, the number of workers who had paid a percentage of the total cost of the treatment, and the total amount paid in respect of these categories of beneficiaries. The Committee notes the information provided by the Government concerning the number of persons covered by the health system, which represented 95.66 per cent of the population in 2016, and the coverage of the General System of Occupational Risks, which was 39 per cent. The Committee once again requests the Government to provide detailed information concerning the participation of beneficiaries in the cost of medical care.

Article 6(1). Non-profit and profit-making health insurance institutions. In its previous comments, the Commission noted the Government's indications that there were 23 health promotion companies (EPS) operating under the contributory scheme, two of which were public, and requested the Government to provide statistical information on the activities of the management bodies, as well as of the national, district and municipal social security health councils that monitor the services to users. The Committee takes note of the Government’s indications that Decree No. 2462 of 2013 and its regulations delimit the functions for which the National Superintendence of Health (Supersalud) is responsible. In addition, the Government provides detailed data on, inter alia, the number of audits carried out by Supersalud in 2016 on EPS (430), the number of inspection visits to EPS customer service offices in the same year (245), the number of complaints received by Supersalud in 2016 (467,760) and the number of sanctions imposed (1,432). The Committee takes due note of the information provided by the Government on Supersalud and its activities, and reiterates its request to the Government to provide information on the activities of the national, district and municipal social security health councils that monitor services to users.

Article 6(2). Participation of insured persons in the management. In its previous comments, the Committee requested the Government to indicate the number of associations, leagues or alliances that operating within the EPS, as well as the conditions and requirements that the private EPS must adopt as part of their statutes and rules so that the users could participate in such bodies. The Committee takes note of the information provided by the Government concerning the number of associations and user alliances operating within 42 EPS. The Committee also requested the Government to clarify the functions of the National Social Security Council in the field of health (CNSSS) in relation to the Health Regulatory Commission (CRES), noting that at national level, the functions of the CNSSS had been considerably reduced, leaving most of its functions to CRES, which was not composed of social partners but by experts appointed by the President. With regard to the national level, the Committee notes the Government’s indication that CRES was liquidated by Decree No. 2560 of 2012 and that all its functions were transferred to the Directorate for the Regulation of Benefits, Costs and Tariffs of the Ministry of Health and Social Protection (Minsalud). The Committee also notes that section 3 of Act No. 1122 of 2007, to which the Government refers, establishes the consultative and advisory nature of the CNSSS, a tripartite body. On the basis of the information provided by the Government, the Committee observes that the Directorate of Minsalud, which replaced CRES in its functions, as well as the CNSSS, perform purely advisory functions and recalls in this respect, that Article 6(2) of the Conventions require the participation of insured persons in the management of the self-governing health insurance institutions. The Committee requests the Government to provide information on any measures taken or planned to ensure the full application of this Article of the Conventions at the national level. The Committee once again requests the Government to provide information on the conditions and requirements relating to the participation of insured persons in the management of private EPS.

Article 9 of Convention No. 24, and Article 8 of Convention No. 25. Right of appeal. The Committee notes the detailed information provided by the Government on the number of appeals submitted in relation to the right to health to the Constitutional Court in 2016. The Committee requests the Government to provide information on other legal remedies available at both the administrative and judicial levels in case of dispute concerning the right to benefit of insured persons established in the Conventions, as well as on the duration of the related proceedings. The Committee also requests the Government to provide information on the number of administrative and judicial appeals lodged and the time taken to process such appeals.

Application of Convention No. 24 in practice. Payment of health insurance . In its previous comment, the Committee requested the Government to indicate whether the employees of the International Aviation Company had recovered their rights with respect to health insurance, and to keep the Office informed in this regard. The Committee notes that the Government has not provided information on this subject and once again requests the Government to indicate the outcome of the investigation envisaged by the Ministry of Labour and the progress achieved in this regard.

Lastly, the Committee has been informed that, based on the recommendations of the Standards Review Mechanism Tripartite Working Group (SRM tripartite working group), the Governing Body has decided that member States for which Conventions Nos 24 and 25 are in force should be encouraged to ratify the Medical Care and Sickness Benefits Convention, 1969 (No. 130), or the Social Security (Minimum Standards) Convention, 1951 (No. 102), and accept its Parts II and III (see GB.328/LILS/2/1). The Committee therefore encourages the Government to follow up the Governing Body’s decision at its 328th Session (October–November 2016) approving the recommendations of the SRM tripartite working group and to consider ratifying Convention No. 130 or Convention No. 102 (and accept Parts II and III) as the most up-to-date instruments in this subject area.

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes the Government’s reply to its previous consolidated comment on Conventions Nos 12, 17 and 18. It also notes the observations of the Union of Workers of Colombia (UTC) on the application of Conventions Nos 17 and 18, received on 27 October 2014, and those made by the Single Confederation of Workers of Colombia (CUT), the General Confederation of Labour (CGT), and the Confederation of Workers of Colombia (CTC), on Conventions Nos 12, 17 and 18, received on 15 September 2015, as well as the observations made by the International Organisation of Employers (IOE) and the National Association of Employers of Colombia (ANDI) on the application of Convention No. 17.

Convention No. 12 (Article 1) and Convention No. 17 (Article 2(1)). Coverage. The Committee notes the steady increase in the number of persons covered by the Occupational Risks System (SGRL) from 6.5 million in 2009 to just over 8 million in 2012, and to approximately 9 million in 2014.

It also notes the adoption of Decree No. 2616 of 2013, amended by Decree No. 1072 of 2015, which regulates the affiliation to the occupational risks system of persons engaged in employment relationships of less than one month, that is, daily wage earners and part-time workers, with a view to progressively formalizing these workers and providing them with social protection coverage. The Government further indicates that it is currently preparing the regulations on the voluntary membership of independent and informal workers whose earnings are at least equal to the statutory minimum wage.

The CUT observes, in this respect, that with only about 8 per cent of agricultural workers covered by the SGRL, the level of enrolment in agriculture remains extremely low, yet this sector has one of the highest rates of occupational accidents: agricultural workers represent only 3.8 per cent of all SGRL affiliated persons but account for 9 per cent of all industrial accidents. Certain agricultural sectors, such as banana production, have, following their formalization, started effectively reporting industrial accidents, which has resulted in high accident rates in proportion to the number of persons employed therein. The CUT therefore considers that the following are inadequate for the agricultural sector: the SGRL coverage; the existing risk assessment and preventive measures; occupational health and safety training; and measures aimed at monitoring compliance with minimum age requirements. The CUT calls for the introduction of a differentiated policy guaranteeing access to social security to a considerable number of workers in rural areas. The Committee asks the Government to indicate the specific measures taken with a view to strengthening and extending SGRL coverage to agricultural workers.

Convention No. 17 (Article 5). Payment of benefits by employers to workers whose employers have not taken out SGRL insurance. In accordance with Law No. 1562, in the event of a work accident affecting a worker not affiliated to the SGRL by his or her employer, the latter will be directly responsible for the benefits provided by law. The CGT and the CUT previously indicated that, in cases in which employers did not affiliate their workers to the SGRL and refused to assume their direct liability, the only possibility left for the workers was to present their case before the courts. In its reply, the Government states that there are no interlocutory proceedings aimed at ensuring that victims of industrial accidents or occupational diseases not affiliated by their employer to the SGRL are nonetheless duly compensated by the social insurance institutions, which would address the defaulting employer for the reimbursement of incurred expenses. The Government also indicates that, in such a case, in accordance with section 2.2.5.1.25 of Decree No. 1072 of 2015, the worker is entitled to appeal to the regional council for recognition of invalidity, which firstly determines the institution that should provide compensation, and, secondly, claims reimbursement from the respective occupational risk insurer (ARL) through judicial action. The Committee, however, is unable to ascertain from these provisions mentioned by the Government, whether the victim of an employment injury who is not affiliated to the SGRL would nevertheless be entitled to have his or her medical expenses fully defrayed and receive compensation from the ARL which would then claim reimbursement from the employer at fault. The Committee asks the Government to clarify this point in its next report and recalls that in cases of failure of employers to fulfil their obligation to affiliate workers, the State bears the general responsibility for the provision of the occupational accident benefits, since the possibility of taking legal action for victims of industrial accidents does not give effect to Article 5 of Convention No. 17.

Convention No. 17 (Article 5). Compensation in the form of a lump sum. The Committee notes the information provided by the Government with respect to the conditions under which lump sums are paid to workers with recognized degrees of disability between 5 per cent and 50 per cent, in combination with legal guarantees for the maintenance of their employment relationship for the remaining working capacity. However, the Government has not responded to the concern expressed by the Committee with respect to cases of permanent disability between 25 per cent and 50 per cent where the risk of a loss of the lump sum compensation is increased even if the employment relationship is preserved. In this regard, the Committee once again expresses the hope that the Government will introduce appropriate procedures to strengthen the protection of victims of occupational accidents and diseases against the misuse of lump sum compensations, as provided for in Article 5 of Convention.

Convention No. 17 (Article 11). Protection against insolvency of the insurer. The Committee notes the Government’s confirmation that the Guarantee Fund for Financial Institutions (FOGAFIN) is only responsible for payment of pensions in the event of insolvency of an ARL, in conformity with section 83 of Decree Law No. 1295 of 1994. Nevertheless, the Government indicates that the provision of medical benefits in cases of employment injury is guaranteed by the State under article 48 of the national constitution but that in practice the probability of having recourse to this guarantee is very low. The Committee requests the Government to specify the legal provisions, other than constitutional, which guarantee victims of an employment injury the medical care due under Articles 9 and 10 of Convention No. 17 in case of insolvency of the ARL concerned.

Protection against insolvency of the employer. The Committee notes the Government’s indication that the State does not guarantee payment of employment injury pensions to workers whose employers are not affiliated to the SGRL and that, in order for the workers concerned to be able to exercise their rights, they must address the judicial authorities, including through the procedure of tutela. The Committee requests the Government to indicate the measures taken or envisaged to guarantee the rights established by the Conventions under examination, even in the case of the insolvency of employers who are not insured with the SGRL.

Convention No. 18. Recognition of occupational diseases. In their observations, the CGT and the CUT once again state that the procedures for the recognition of occupational diseases are slow and too cumbersome to implement in practice. Moreover, insurers prefer to compensate diseases as common diseases in so far as the cash benefits due are inferior (66 per cent) to those in the case of occupational diseases (100 per cent). In cases where the worker persists and the occupational origin of the disease is qualified, which can take up to five or six years, the worker’s entitlement to benefits could lapse. The CGT also reports problems of corruption or misuse of the social security resources, which have the effect of undermining the confidence of users in the entire system. The Government refers in its report to the adoption, in 2012, of Decree No. 1562 aimed at providing greater clarity in this respect, in particular by stating that the qualification of the occupational origin of the disease must be made, at the latest, 540 days after the initial diagnosis. In addition, Decree No. 1507, adopted in 2014, aims at regulating the point at which the pathological condition can be considered stable. Finally, the Government refers to the adoption of Decree No. 1477 of 2014, establishing the list of occupational diseases which provides that a disease not expressly on the list can henceforth be recognized as occupational, subject to proving the causal link with occupational risk factors and which adds four new occupational diseases to the pre-existing list. The listed diseases are considered direct occupational diseases and do not require screening by an ARL as regards payment of benefits and medical care. The Committee requests the Government to respond to the observations of the CGT and the CUT and to provide information on the manner in which a disease is treated during the first 540 days which may precede its qualification as an occupational disease (as regards the level of cash benefits and the type of medical care). Please also indicate the average time in practice for the recognition of an occupational disease and whether any measures are envisaged to simplify the administrative procedures for the recognition of the occupational origin of the disease in order to prevent the payment of compensation being rendered impossible due to legal limitation periods. Finally, the Committee notes that the list annexed to Decree No. 1477, while it contains all the diseases and toxic substances listed in the table annexed to the Convention, does not expressly state all corresponding industries listed therein (for example, loading, unloading or transport of goods not on the list of the occupations listed in the Decree). The Government is requested to ask the competent departments of the State to carry out and provide in its next report a detailed analysis of how the national list of occupational diseases complies with the list annexed to the Convention.

[The Government is asked to reply in detail to the present comments in 2016.]

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Government is requested to refer to the comments made by the Committee in relation to Convention No. 24.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Article 4(1) of the Convention. Minimum periods of contribution required for entitlement to medical care. The Committee takes note that, pursuant to article 61(2) of Decree No. 806 of 1998, a contributing member who is not in a financial position to pay the established percentage and who has proved his or her situation to the institution must, along with his or her beneficiaries, be given treatment by the public health service institutions, or by private institutions with which the State has a contractual arrangement. The said institutions may charge a corresponding fee.

The Single Confederation of Workers of Colombia (CUT) states that, under the current compulsory health plan (POS), during the first four weeks of contribution insured persons are entitled to emergency treatment, maternity care, treatment for a newborn child and promotional and preventive services; between four and 26 weeks they are entitled to general and specialized medical consultations (the patient must be referred to a specialist by the general practitioner), to laboratory tests and diagnostic assistance, to such medication as is covered by the health plan and to hospitalization and low-complexity surgery; after 26 weeks they are entitled to hospitalization and medium-complexity surgery and to treatment for serious or high-cost illness.

Article 4(2). Participation in the cost of medical care. The Committee also takes note that, pursuant to article 61(1) of the aforementioned Decree, insured persons bound by minimum periods of contribution who wish to receive treatment before the stipulated minimum period (26 weeks) must pay a percentage of the total value of the treatment corresponding to the percentage in weekly contributions that remain before they have completed the minimum period.

The Committee takes note of this information and of the fact that all workers are entitled to medical treatment from the first day they are insured, including workers who do not have sufficient financial means to pay the medical costs. The Committee requests the Government to send it statistical data on the number of workers who have been unable to pay the stipulated percentage, the number of workers who have paid a percentage of the total cost of the treatment, and the total amount paid in respect of these categories of beneficiaries.

Article 6(1). Non-profit-making and profit-making sickness insurance institutions. Regarding the proportion of workers covered by public health-care providers (EPS) compared to members of private providers, the Government states that the system has 23 health-care providers, two of which are public and provide medical services and treatment to 0.38 per cent of the total number of contributors covered. The CUT states that, since the adoption of Act No. 100 of 1993, the private sector has been gaining a lot of ground and today not a single health-care provider belongs entirely to the State. It adds that Act No. 1151 of 2007 authorized the entry of private capital into the one remaining public provider, thus creating a new health-care provider which, although the State maintains a share in it, is mostly funded by private capital. In practice, the proportion of workers covered by public providers is virtually nil. However, bearing in mind that almost half of the new health-care provider is funded by state capital, the proportion in terms of membership was 13.7 per cent in 2011.

Regarding the protection of workers against contingencies covered by profit making health insurance companies, the Government states that machinery exists at the community level for monitoring the system; these are management, monitoring and control bodies and administration and financing bodies (Ministry of Labour, Ministry of Health and Social Welfare, the Regulatory Health Committee, national health and finance departments, health promotion bodies, section, district and local health departments and the Solidarity and Guarantee Fund). In addition, the system recommends that the various agents be consulted at every level through national, district and municipal social security health councils and establishes mechanisms for monitoring the health services so as to guarantee that their users receive quality treatment that is appropriate, personalized, human, comprehensive and permanent, in accordance with the accepted standards of professional procedures and practices. On this point, the CUT notes that there is a conflict between the provision of adequate services and the profit-making nature of the health-care providers, which are known to have as far as possible prevented the affiliation of population groups that have traditionally been discriminated against and groups that are manifestly vulnerable. In addition to legislative restrictions, insured persons have to contend with the administrative obstacles posed by the system’s various bodies which hamper their effective enjoyment of the right to health. The Committee recalls that, under the terms of the Convention, sickness insurance must be administered by self-governing institutions that may not be operated with a view to profit, so as to prevent their skimping on the services they provide for reasons other than the beneficiaries’ health. The Committee requests the Government to provide information on the activities of the management bodies and of the national, district and municipal social security health councils that monitor the services to users; for example, in the form of reports on inspections, on the penalties for infringing the regulations and on the number of complaints concerning the quality of the services.

Article 6(2). Participation of insured persons in management. The Government states that, pursuant to Decree No. 1018 of 2007, the National Health Department encourages public involvement and oversight and the establishment of associations, leagues or alliances of users of the health-care providers’ services. The presence of representatives of the user community on the executive boards of public institutions is compulsory. Moreover, regarding the participation of insured persons in the executive boards of private health-care providers, article 14(3) of Decree No. 1757 of 1994 stipulates that such participation must be in accordance with the legal provisions on the matter. The National Health Department has, with the Ministry of Health and Social Welfare, been engaging in consultations on the drafting of regulations laying down the conditions and requirements that private health-care providers must adopt as part of their statutes and rules so that users may participate in the management of the private health-care providers. The CUT notes that the State has not developed any machinery for guaranteeing direct participation by the most representative organizations. The Committee requests the Government to indicate the number of associations, leagues or alliances that are currently operating within the health-care providers, as well as the conditions and requirements that the latter must adopt as part of their statutes and rules so that the users can participate in such bodies. The Committee also requests the Government to keep it informed of the outcome of the consultations carried out and of any rules and regulations on the subject.

The National Social Security Health Council (CNSSS) and the Health Regulation Committee (CRES). Regarding the function of the social partners within the CRES and their replacement by experts elected by users’ associations, the Government states that section 3 of Act No. 1122 of 2007 left it to the Ministry of Health and Social Welfare to regulate the function of the CNSSS advisory services. Since no such regulations were issued, the CNSSS was unable to function and the CRES was therefore not able to consult it. Section 3 was subsequently repealed and those functions of the Council that were not assigned to the CRES currently have no legal definition as they are not referred to in the legislation. The Committee notes that the functions of the CNSSS are now greatly reduced as most of them have been transferred to the CRES, which is no longer composed of the social partners but of experts appointed by the President. The Committee recalls that the Convention requires that the insured persons participate in the administration of self-governing insurance institutions. The Committee therefore once again requests the Government to indicate which users’ associations were chosen to propose the experts that make up the CRES and to clarify the current functions of the CNSSS vis-à-vis the CRES now that its advisory functions have been suspended. The Committee also requests the Government to take the necessary steps for regulations to be adopted that will restore the functions of the CNSSS and to keep the Office informed of developments.

Article 9. Appeal. In its earlier comments, the Committee requested the Government to inform it of the administrative channels of appeal available to insured persons in the event of objections to their right to benefits. On this point, the CUT states that legal appeals of a judicial and administrative nature have proved inefficient, mainly because of the authorities’ slowness in settling disputes with respect to the benefits provided under the general system. Consequently, these have been resolved through official requests for court protection or amparo, which have now have become the rule. Taking note of this information and of the fact that the Government has not provided the information it requested, the Committee again requests the Government to send all relevant information, together with information on the duration of proceedings with respect to the provision of services and on the number of requests for court protection or amparo that have been lodged in this connection.

Payment of health insurance – Intercontinental Aviation Company. In its previous request, the Committee requested the Government to indicate whether the employees of the Intercontinental Aviation Company had recovered their rights with respect to health insurance. The Government informs the Committee that the Ministry of Labour is conducting an inquiry and that a working group headed by the Vice-Minister of Labour Relations and Inspection has been set up to reach an agreement on the matter. The first meeting was held in June 2012 and another was scheduled for August 2012. The Committee takes note of this information and requests the Government to keep the Office informed of the outcome of the inquiry and of any agreement reached in this respect.

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Regarding the points raised in its earlier comments, the Committee takes note with satisfaction of the adoption of Act No. 1438 of 19 January 2011 reforming the General Social Security Health System (SGSSS), and specifically that:

• -section 32 establishes the principle of universality of sickness insurance, in accordance with Article 2 of the Convention;
• -there is no qualifying period under the SGSSS for access to health services or to the treatment of high-cost illnesses, and the imposition of any restriction on access to such services by a health-care provider is prohibited, in accordance with Article 3(2) of the Convention; and
• -the qualifying periods for access to sickness benefits have been modified by Act No. 1122 of 2007 – for example, 26 weeks of contributions – and contributions already paid are not forfeited on account of the non-payment of contributions to the system for six or more successive months, in accordance with Article 4(1) of the Convention.

The Committee is raising other points in a request addressed directly to the Government.

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

The Committee notes the Government’s report of 30 August 2012 and the various comments supplied by the Single Confederation of Workers of Colombia (CUT), the National Business Association of Colombia (ANDI), and the General Confederation of Labour (CGT), respectively of 31 August, 3 September and 5 September 2012.

Article 2(1) of the Convention. Coverage. The Committee notes with interest that following the adoption of Law No. 1562 of 11 July 2012 amending the Vocational Risk System and other provisions concerning occupational health, the personal scope of the Occupational Risks System (SGRL) was extended. The new law incorporates the previous system of vocational risks into the new SGRL and extends compulsory affiliation to several groups of employees, including independent contractors with more than one month contract, the worker-members of cooperatives and pre-cooperatives and self-employed workers in high-risk activities. Moreover, the law provides for voluntary membership of informal workers. According to the Government’s report, in March 2012, 8,126,344 dependent workers and 243,165 self-employed workers were affiliated to the SGRL, compared with 6,633,833 and 73,800, respectively, in December 2009. Forty-one per cent of the active population would therefore currently be covered by the SGRL. For its part, the CUT stresses that with only 8.72 per cent of the workers covered by the SGRL, the level enrolment in agriculture is still extremely low. In order to be able to evaluate the impact of the new legislation regarding insurance coverage against occupational risks, the Committee invites the Government to continue providing statistics on the number of SGRL affiliates, including information specifically on the construction and agricultural sectors. Additionally, the Committee requests the Government to indicate in its next report how Law No. 1562 and its implementing regulations define informal workers and the rights of casual and daily workers to benefits under the SGRL.

Penalties for non-compliance with SGRL regulations. The Committee notes with interest the strengthened sanctions established by Law No. 1562 in the event of default of the employer to observe its obligations in respect of occupational risks, including in case of non-payment of contributions or of absence of reporting of occupational accidents and illnesses.

Payment of benefits by employers to non-affiliated workers. In accordance with Law No. 1562, in the event of a work accident affecting a worker not affiliated to the SGRL by his or her employer, the latter will be directly responsible for the benefits provided by law. While the Government does not provide information on how this liability is applied in practice, the Committee understands from the comments made by the CGT and the CUT that the victims need to go to court. The Committee has always considered that the failure of employers to fulfil their obligation to affiliate workers, legal action by victims of accidents should not constitute the standard mean of appeal, the State being responsible for taking all necessary measures to ensure and facilitate the provision of employment injury benefits, leaving the possibility to hold the employer liable for reimbursing the expenses incurred by the State. With a view to being able to fully assess the practicalities of this issue, the Committee requests the Government to indicate whether there exist interlocutory proceedings, either judicial or in the framework of labour inspection services, for victims of accidents or occupational diseases not affiliated by their employer to SGRL. Please also indicate the average length of the proceeding for obtaining payment of compensation in these circumstances.

Payment of benefits in the event of disputes about the commonality or occupational accident or disease. The CGT and CUT draw attention to the high number of cases where long delays would occur in health care or the payment of benefits due to disputes between health care providers and occupational risk insurers (ARL) on the origin of the accident or illness. The Government states that the Law No. 1562 guarantees the payment of cash benefits to workers even in cases where the source of injury or illness is in dispute. Under section 5(3) of the Law, when the cause of the accident or disease is questioned, the ARL pays the worker “the percentage provided by the contributory social security health system”. The Committee observes that this percentage is lower than that corresponding to occupational accident or illness. The Committee requests the Government to report on the practical effects of the adoption of the new law on the frequency and length of proceedings concerning disputes on the occupational or general nature of accidents or diseases.

Article 5. Compensation in the form of lump sum. Law No. 1562 does not modify the rules applicable to workers who suffer a permanent loss of working capacity between 5 and 50 per cent: payment of compensation in the form of lump sum and maintenance of their employment relationship for the remaining working capacity. The Committee invites the Government to explain in further detail how employment protection is guaranteed by law. As for cases of permanent disability between 25 and 50 per cent where the risk of a loss of income is increased, the Commission considers it necessary, even if the employment relationship is preserved, to establish additional protection in the form of monitoring by the competent authority of the proper use of lump sum compensation, as provided in Article 5 of Convention. In this regard, the Committee again expresses the hope that the Government will introduce appropriate procedures to strengthen the protection of victims of occupational accidents and diseases against the misuse of lump sum compensations.

Article 11. Protection against insolvency. The Government indicates in its report that the Guarantee Fund for Financial Institutions (FOGAFIN), would be responsible both for social assistance benefits and cash benefits in the event of insolvency of an ARL while the CUT stresses in its comments that, in accordance with section 83 of Decree Law No. 1295 of 1994, the Fund only guarantees the payment of pensions provided by the ARL. The Committee requests the Government to indicate in its next report the normative texts extending the FOGAFIN guaranty to social assistance benefits provided under the SGRL scheme.

The Committee notes that the practical information requested in respect of cases of insolvency of employers responsible for compensating workers who were not affiliated to the SGRL has not been supplied. The Committee understands that the cautionary measures contained in the Labour and Social Security Procedural Code are only aimed at preventing the risk of insolvency of the employer. Recalling that victims of industrial accidents should in any case not bear the consequences of the insolvency of the employer, the Committee requests the Government to explain in its next report how the State guarantees access to benefits to the worker who, while not affiliated to SGRL, fell victim of an industrial accident.

[The Government is asked to reply in detail to the present comments in 2015.]

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

The Committee notes the Government’s report of 30 August 2012 and the various comments supplied by the Single Confederation of Workers of Colombia (CUT), the National Business Association of Colombia (ANDI), and the General Confederation of Labour (CGT), respectively of 31 August, 3 September and 5 September 2012.

Article 2(1) of the Convention. Coverage. The Committee notes with interest that following the adoption of Law No. 1562 of 11 July 2012 amending the Vocational Risk System and other provisions concerning occupational health, the personal scope of the Occupational Risks System (SGRL) was extended. The new law incorporates the previous system of vocational risks into the new SGRL and extends compulsory affiliation to several groups of employees, including independent contractors with more than one month contract, the worker-members of cooperatives and pre-cooperatives and self-employed workers in high-risk activities. Moreover, the law provides for voluntary membership of informal workers. According to the Government’s report, in March 2012, 8,126,344 dependent workers and 243,165 self-employed workers were affiliated to the SGRL, compared with 6,633,833 and 73,800, respectively, in December 2009. Forty-one per cent of the active population would therefore currently be covered by the SGRL. For its part, the CUT stresses that with only 8.72 per cent of the workers covered by the SGRL, the level enrolment in agriculture is still extremely low. In order to be able to evaluate the impact of the new legislation regarding insurance coverage against occupational risks, the Committee invites the Government to continue providing statistics on the number of SGRL affiliates, including information specifically on the construction and agricultural sectors. Additionally, the Committee requests the Government to indicate in its next report how Law No. 1562 and its implementing regulations define informal workers and the rights of casual and daily workers to benefits under the SGRL.

Penalties for non-compliance with SGRL regulations. The Committee notes with interest the strengthened sanctions established by Law No. 1562 in the event of default of the employer to observe its obligations in respect of occupational risks, including in case of non-payment of contributions or of absence of reporting of occupational accidents and illnesses.

Payment of benefits by employers to non-affiliated workers. In accordance with Law No. 1562, in the event of a work accident affecting a worker not affiliated to the SGRL by his or her employer, the latter will be directly responsible for the benefits provided by law. While the Government does not provide information on how this liability is applied in practice, the Committee understands from the comments made by the CGT and the CUT that the victims need to go to court. The Committee has always considered that the failure of employers to fulfil their obligation to affiliate workers, legal action by victims of accidents should not constitute the standard mean of appeal, the State being responsible for taking all necessary measures to ensure and facilitate the provision of employment injury benefits, leaving the possibility to hold the employer liable for reimbursing the expenses incurred by the State. With a view to being able to fully assess the practicalities of this issue, the Committee requests the Government to indicate whether there exist interlocutory proceedings, either judicial or in the framework of labour inspection services, for victims of accidents or occupational diseases not affiliated by their employer to SGRL. Please also indicate the average length of the proceeding for obtaining payment of compensation in these circumstances.

Payment of benefits in the event of disputes about the commonality or occupational accident or disease. The CGT and CUT draw attention to the high number of cases where long delays would occur in health care or the payment of benefits due to disputes between health care providers and occupational risk insurers (ARL) on the origin of the accident or illness. The Government states that the Law No. 1562 guarantees the payment of cash benefits to workers even in cases where the source of injury or illness is in dispute. Under section 5(3) of the Law, when the cause of the accident or disease is questioned, the ARL pays the worker “the percentage provided by the contributory social security health system”. The Committee observes that this percentage is lower than that corresponding to occupational accident or illness. The Committee requests the Government to report on the practical effects of the adoption of the new law on the frequency and length of proceedings concerning disputes on the occupational or general nature of accidents or diseases.

Article 5. Compensation in the form of lump sum. Law No. 1562 does not modify the rules applicable to workers who suffer a permanent loss of working capacity between 5 and 50 per cent: payment of compensation in the form of lump sum and maintenance of their employment relationship for the remaining working capacity. The Committee invites the Government to explain in further detail how employment protection is guaranteed by law. As for cases of permanent disability between 25 and 50 per cent where the risk of a loss of income is increased, the Commission considers it necessary, even if the employment relationship is preserved, to establish additional protection in the form of monitoring by the competent authority of the proper use of lump sum compensation, as provided in Article 5 of Convention. In this regard, the Committee again expresses the hope that the Government will introduce appropriate procedures to strengthen the protection of victims of occupational accidents and diseases against the misuse of lump sum compensations.

Article 11. Protection against insolvency. The Government indicates in its report that the Guarantee Fund for Financial Institutions (FOGAFIN), would be responsible both for social assistance benefits and cash benefits in the event of insolvency of an ARL while the CUT stresses in its comments that, in accordance with section 83 of Decree Law No. 1295 of 1994, the Fund only guarantees the payment of pensions provided by the ARL. The Committee requests the Government to indicate in its next report the normative texts extending the FOGAFIN guaranty to social assistance benefits provided under the SGRL scheme.

The Committee notes that the practical information requested in respect of cases of insolvency of employers responsible for compensating workers who were not affiliated to the SGRL has not been supplied. The Committee understands that the cautionary measures contained in the Labour and Social Security Procedural Code are only aimed at preventing the risk of insolvency of the employer. Recalling that victims of industrial accidents should in any case not bear the consequences of the insolvency of the employer, the Committee requests the Government to explain in its next report how the State guarantees access to benefits to the worker who, while not affiliated to SGRL, fell victim of an industrial accident.

[The Government is asked to reply in detail to the present comments in 2015.]

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

The Committee notes the Government’s report of 30 August 2012 and the various comments supplied by the Single Confederation of Workers of Colombia (CUT), the National Business Association of Colombia (ANDI), and the General Confederation of Labour (CGT), respectively of 31 August, 3 September and 5 September 2012.

Article 2(1) of the Convention. Coverage. The Committee notes with interest that following the adoption of Law No. 1562 of 11 July 2012 amending the Vocational Risk System and other provisions concerning occupational health, the personal scope of the Occupational Risks System (SGRL) was extended. The new law incorporates the previous system of vocational risks into the new SGRL and extends compulsory affiliation to several groups of employees, including independent contractors with more than one month contract, the worker-members of cooperatives and pre-cooperatives and self-employed workers in high-risk activities. Moreover, the law provides for voluntary membership of informal workers. According to the Government’s report, in March 2012, 8,126,344 dependent workers and 243,165 self-employed workers were affiliated to the SGRL, compared with 6,633,833 and 73,800, respectively, in December 2009. Forty-one per cent of the active population would therefore currently be covered by the SGRL. For its part, the CUT stresses that with only 8.72 per cent of the workers covered by the SGRL, the level enrolment in agriculture is still extremely low. In order to be able to evaluate the impact of the new legislation regarding insurance coverage against occupational risks, the Committee invites the Government to continue providing statistics on the number of SGRL affiliates, including information specifically on the construction and agricultural sectors. Additionally, the Committee requests the Government to indicate in its next report how Law No. 1562 and its implementing regulations define informal workers and the rights of casual and daily workers to benefits under the SGRL.

Penalties for non-compliance with SGRL regulations. The Committee notes with interest the strengthened sanctions established by Law No. 1562 in the event of default of the employer to observe its obligations in respect of occupational risks, including in case of non-payment of contributions or of absence of reporting of occupational accidents and illnesses.

Payment of benefits by employers to non-affiliated workers. In accordance with Law No. 1562, in the event of a work accident affecting a worker not affiliated to the SGRL by his or her employer, the latter will be directly responsible for the benefits provided by law. While the Government does not provide information on how this liability is applied in practice, the Committee understands from the comments made by the CGT and the CUT that the victims need to go to court. The Committee has always considered that the failure of employers to fulfil their obligation to affiliate workers, legal action by victims of accidents should not constitute the standard mean of appeal, the State being responsible for taking all necessary measures to ensure and facilitate the provision of employment injury benefits, leaving the possibility to hold the employer liable for reimbursing the expenses incurred by the State. With a view to being able to fully assess the practicalities of this issue, the Committee requests the Government to indicate whether there exist interlocutory proceedings, either judicial or in the framework of labour inspection services, for victims of accidents or occupational diseases not affiliated by their employer to SGRL. Please also indicate the average length of the proceeding for obtaining payment of compensation in these circumstances.

Payment of benefits in the event of disputes about the commonality or occupational accident or disease. The CGT and CUT draw attention to the high number of cases where long delays would occur in health care or the payment of benefits due to disputes between health care providers and occupational risk insurers (ARL) on the origin of the accident or illness. The Government states that the Law No. 1562 guarantees the payment of cash benefits to workers even in cases where the source of injury or illness is in dispute. Under section 5(3) of the Law, when the cause of the accident or disease is questioned, the ARL pays the worker “the percentage provided by the contributory social security health system”. The Committee observes that this percentage is lower than that corresponding to occupational accident or illness. The Committee requests the Government to report on the practical effects of the adoption of the new law on the frequency and length of proceedings concerning disputes on the occupational or general nature of accidents or diseases.

Article 5. Compensation in the form of lump sum. Law No. 1562 does not modify the rules applicable to workers who suffer a permanent loss of working capacity between 5 and 50 per cent: payment of compensation in the form of lump sum and maintenance of their employment relationship for the remaining working capacity. The Committee invites the Government to explain in further detail how employment protection is guaranteed by law. As for cases of permanent disability between 25 and 50 per cent where the risk of a loss of income is increased, the Commission considers it necessary, even if the employment relationship is preserved, to establish additional protection in the form of monitoring by the competent authority of the proper use of lump sum compensation, as provided in Article 5 of Convention. In this regard, the Committee again expresses the hope that the Government will introduce appropriate procedures to strengthen the protection of victims of occupational accidents and diseases against the misuse of lump sum compensations.

Article 11. Protection against insolvency. The Government indicates in its report that the Guarantee Fund for Financial Institutions (FOGAFIN), would be responsible both for social assistance benefits and cash benefits in the event of insolvency of an ARL while the CUT stresses in its comments that, in accordance with section 83 of Decree Law No. 1295 of 1994, the Fund only guarantees the payment of pensions provided by the ARL. The Committee requests the Government to indicate in its next report the normative texts extending the FOGAFIN guaranty to social assistance benefits provided under the SGRL scheme.

The Committee notes that the practical information requested in respect of cases of insolvency of employers responsible for compensating workers who were not affiliated to the SGRL has not been supplied. The Committee understands that the cautionary measures contained in the Labour and Social Security Procedural Code are only aimed at preventing the risk of insolvency of the employer. Recalling that victims of industrial accidents should in any case not bear the consequences of the insolvency of the employer, the Committee requests the Government to explain in its next report how the State guarantees access to benefits to the worker who, while not affiliated to SGRL, fell victim of an industrial accident.

[The Government is asked to reply in detail to the present comments in 2015.]

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the Government’s report received in 2008 replying to its 2007 observation, as well as the Government’s report received in 2009 replying to its 2008 observation and to the comments made by the General Confederation of Labour (CGT).

Article 2, paragraph 1, of the Convention. Coverage. The Government informs that in 2007, 5,945,653 workers were affiliated to the general employment injury scheme. The Committee recalls that in 1998 the number of affiliates was 6,185,191 and asks the Government to explain the reasons behind this decreasing number of affiliates.

Coverage in the construction sector. The CGT draws attention to the lack of protection against employment accidents in the construction sector and the practical difficulties concerning the compensation of industrial accidents affecting the high incidence of workers in that sector who do not have an employment contract. In reply, the Government reports that the National Committee of Occupational Health in the Construction Sector has undertaken activities to promote health and prevent occupational accidents and diseases in the construction sector. The Committee further notes the information supplied by the Government regarding the implementation of section 4(e) of Decree No. 1295, under which employers who do not affiliate their workers to the general system of employment injury shall be responsible for the benefits guaranteed by the Decree in cases of occupational accidents, noting in particular judgements Nos 14038 and 21496 of the Supreme Court which upheld this obligation. The Committee asks the Government to indicate how the abovementioned Decree is applied to informal workers in the construction sector.

Article 5. Measures to ensure that lump-sum compensation will be properly utilized. In Colombia a worker suffering a permanent decrease in his or her capacity for work of between 5 and 50 per cent is accorded a payment of compensation in the form of a lump sum and his or her employment is protected for the remaining working capacity. Recalling that lump-sum compensation in such cases may be payable only if the competent authority is satisfied that it will be properly utilized, the Committee again expresses the hope that the Government will be able to introduce appropriate procedures which will strengthen the protection of the victims of employment injury against misuse of lump-sum payments.

Article 11. Payment of compensation in the event of insolvency of the employer or insurer. Law No. 712 of 2001 reformed the Labour and Social Security Procedural Code and provides for injunctive measures to be taken by the labour judge in case of employer insolvency. In addition, Law No. 1149 of 2007 establishes a system of oral proceedings which allows for a fast and efficient adjudication in cases in which employers do not pay workers’ compensation due to insolvency. The Committee notes this information with interest and would be grateful if the Government would keep it informed on the application in practice of these guarantees. Please specify how the Guarantee Fund for Financial Institutions (FOGAFIN) guarantees the provision of medical benefits to the victims of employment injuries in the event of insolvency of insurance companies authorized to operate in the employment injury insurance branch.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

With reference to its previous comments, the Committee notes that Act No. 1122 of 2007 has been adopted in order to reform the General Social Security Health System (SGSSS), provide the resources needed ultimately to cover the whole population and improve the quality and efficiency of the health services. The Committee wishes to draw the Government’s attention to the following points.

Article 2 of the Convention. Persons covered by sickness insurance. The statistical information sent by the Government shows an increase in the number of persons affiliated to the SGSSS contributory scheme, from 5.3 million in 2000 to nearly 8 million in 2008. The Committee notes this development with interest and requests the Government to continue to keep it informed on the process for expanding health coverage, indicating whether, in practice, there are still persons protected by the Convention who do not as yet have sickness insurance coverage.

Article 3, paragraph 2. Waiting period. The Committee requests the Government to state whether, as the Committee understands it, payment of sickness benefit is subject to completion of a waiting period of four days, and reminds the Government that according to the Convention, a waiting period must be no longer than three days at most.

Article, 4, paragraph 1. Minimum periods of contribution required for entitlement to medical care. In its previous comments, the Committee draws the Government’s attention to the fact that this provision of the Convention does not allow for the possibility of making entitlement to medical care subject to the completion of a qualifying period. The Government indicates that Act No. 1122 mentioned above has had the effect of capping at 26 weeks the minimum periods of contribution required for entitlement to the benefits. It further indicates, in respect of medical benefits, that SGSSS coverage is effective from the date of affiliation to the social security system as a whole; only emergency services are provided during the first month of affiliation. The Committee takes note of this information and requests the Government to indicate whether Act No. 1122 has in effect rendered inoperative section 61 of Decree No. 806 of 1998 on the social security health scheme which provides for very long minimum periods of contribution for entitlement to the care needed for the treatment of high-cost diseases: 100 weeks of contribution for diseases classified as disastrous or ruinous under level IV of the compulsory health plan (POS), and 52 weeks for illnesses requiring selective surgery, as set out in group 8 of the manual of activities, medical acts and procedures (insured persons wishing to receive treatment before completing this period of contributions have to pay a percentage of the total value of the treatment corresponding to the percentage of the missing weeks of contribution required to complete the minimum period of contribution). The Committee also invites the Government to consider the possibility of eliminating in future all qualifying periods for medical care so as to bring the national legislation fully into line with Article 4, paragraph 1, of the Convention. Please indicate whether there are any mechanisms whereby it can be ensured that workers who lack the financial means to cover their medical costs are nonetheless able to receive the necessary medical services.

The Committee notes from the information sent by the Government that the qualifying period of four weeks required for entitlement to the medical benefits covered by the compulsory health plan (POS) does not have to be completed when a worker changes health-care provider (EPS).

Article 6, paragraph 1. Non-profit-making and profit-making sickness insurance institutions. The Government indicates in its report that the SGSSS is a public service but is so designed that it can be administered and operated both by private interests and by the State. The State is responsible for organization and oversight and for ensuring that it runs efficiently so that the entire population has access to health services. In its report, the Government refers in this context to an Order of 2001 issued by the Constitutional Court allowing Parliament the freedom to choose among various social security organization systems; the Constitution opts neither for a strictly private system nor for a purely public one. The Government adds that the SGSSS may, therefore, be organized and run for profit. The Committee takes note of this information and recalls that, according to the Convention, sickness insurance must be administered by self-governing institutions under the administrative and financial supervision of the public authorities and must not be carried out with a view to profit. Institutions founded by private initiative must be specially approved by the public authorities. The Government is asked to indicate the proportion of workers covered by public EPSs as compared to those affiliated to private ones, and to specify the procedures set up to oversee the proper running of private EPSs by the public authorities and to protect workers from risks related to sickness insurance carried out for profit (overcharging, negative selection, etc.). Please provide information on any difficulties encountered in practice by the SGSSS contributory scheme (coverage of all workers, guaranteeing the benefits provided by the POS to all insured persons, financial problems, etc.).

Article 6, paragraph 2. Participation of insured persons in management. In its previous comments, the Committee noted that Decree No. 1757 of 1994 determines procedures for social participation in the public health service, of which there are three: civic participation, community participation and participation in the institutions of the SGSSS. Furthermore, pursuant to sections 9 to 16 of the Decree, health-care institutions (public, private or mixed) are required to call on their members to establish users’ alliances or associations and appoint their representatives. These associations participate in the steering committees of public and mixed EPSs in order to propose and agree on measures to maintain and improve service quality. As for private EPSs, participation is possible, in accordance with the relevant legal provisions. The Committee notes that the Government’s report does not provide the information requested previously on the participation of insured persons in the management of private EPSs, including their steering committees, and trusts that the Government will not fail to provide this information in its next report.

The Committee further notes that Act No. 1122, adopted in 2007, established the Health Regulation Committee (CRES), which is now the main regulatory body for health, replacing the National Social Security Council (CNSSS), which nonetheless has consultative status with the CRES. Unlike the CNSSS, which is composed, inter alia, of employers’ and workers’ representatives, the new regulatory body consists mainly of experts appointed by the President of the Republic from a shortlist proposed, inter alia, by properly organized users’ associations. The Committee invites the Government to keep it informed of the implementation of the new system and to indicate in particular the users’ associations that were called on to nominate the experts appointed to the CRES. Furthermore, the Committee observes that the social partners have a lesser role in the new regulatory body, being replaced by independent experts. It asks the Government to specify the reach of CNSSS consultation in decision-making by the CRES.

Article 9. Appeal. The Government indicated previously that, in the event of a dispute, appeal lies to the civil courts, the labour courts or, through administrative channels, to the local health directorates or the National Health Supervisory Authority. The Committee, in response, asked the Government to provide additional information on the administrative channels of appeal (procedures, relevant provisions of laws or regulations and their implementation, etc.). In its latest report, the Government merely refers the Committee to Decree No. 1018 of 30 March 2007 to restructure the abovementioned Supervisory Authority, which contains no provisions on the organization of the administrative means of redress open to insured persons wishing to file claims concerning their entitlements. The Committee hopes that the Government will ensure that all relevant information is sent in its next report.

Lastly, with reference to its observation, the Committee notes from the information sent by the Government that the matter of the non-payment of social security contributions by Intercontinental de Aviación between 1998 and 2004 is still under examination by the labour inspection services responsible for implementing the decision ordering payment of the sums due in respect of the social security contributions. The representatives of the parties are shortly to be called to another hearing by the inspection services since the workers’ representatives did not respond to the summonses to proceedings addressed to them in July and August 2008. The Committee hopes that the Government will be in a position to inform it in its next report that the workers of the abovementioned enterprise have been reinstated in their rights pertaining to sickness insurance.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Please refer to the comments made under Convention No. 24.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes that the Government’s report replying to its 2007 observation has been received. It also notes the comments made by the General Confederation of Labour (CGT) referring, inter alia, to certain practical difficulties concerning the compensation of industrial accidents affecting workers in the construction sector without labour contracts. Since the Government’s response to these comments has not yet reached the Office, the Committee has decided to examine all the questions raised with respect to the application of Convention No. 17 at its next session. The Committee therefore asks the Government to supply all information relevant in this regard.

[The Government is asked to reply in detail to the present comments in 2009.]

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

The Committee notes the information, in particular the statistics, provided in the Government’s report, which refers to a significant increase in the number of occupational diseases recognized and compensated within the framework of the general system for occupational risk compensation. The number of such diseases has in fact risen from around 1,000 in 2004 to almost 3,000 in 2006. The Committee asks the Government to continue to provide, in its future reports, information concerning the manner in which the Convention is applied in practice and the reasons or measures which are the basis for the increase in the cases of occupational diseases that are recognized and compensated in the country.

The Committee also recalls that, according to the comments sent in 2003 by the Confederation of Pensioners of Colombia (CPC), a large number of ex-trade unionists are deprived of their pensions and the treatment to which they are entitled. The Committee would be grateful if the Government would provide its comments on this matter in its next report and indicate whether any victims of occupational diseases could have been affected in this respect.

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

The Committee takes note of the information sent by the Government in its report responding to the Committee’s previous comments. It asks the Government to provide further information on the following points.

Article 1 of the Convention. 1. Persons residing abroad. In its previous comments, the Committee invited the Government to state whether, and if so how, victims of industrial accidents or their dependants are provided with cash benefits (prestaciones económicas) in the event of residence abroad. In its report, the Government indicates that for compensation of occupational risks, the national legislation applies as a rule the principle of territoriality while maintaining a distinction depending on whether or not the Colombian national intends to settle abroad permanently. In such cases, a distinction must be made between entitlement to medical benefits and entitlement to cash benefits. According to the Government’s report, a Colombian national established abroad on a permanent basis would lose the entitlement to medical benefit but would at the same time keep the entitlement to cash benefits (prestaciones económicas), regardless of whether the location (Colombia or abroad) of the accident is known.

The Committee takes due note of this information. In so far as the applicable regulations (Ministry of Labour and Social Security Decree No. 1295 of 1994) apply to all workers regardless of their nationality, as the Committee understands matters foreign nationals from countries that are parties to the Convention (and their dependants) who reside abroad are entitled to recognition and payment of cash benefits (prestaciones económicas) under the same conditions as Colombian workers in the event of industrial accident. It would be grateful if the Government would specify whether this is actually the case.

2. Persons abroad temporarily or briefly. According to the Government’s report, when Colombian nationals affiliated to the general occupational accident compensation scheme (SGRP) are abroad for the purpose of carrying on an occupational activity and suffer an industrial accident, the Occupational Accident Insurance Fund (occupational risk management bodies – ARP) must provide emergency medical care and ensure their transfer to Colombia. The Committee is asked to confirm that foreign workers from other countries that are parties to this Convention (and their dependants) have these same rights as Colombian nationals in such circumstances.

3. The dependants of a worker deceased following an industrial accident. The Committee notes that according to the Government, the family of a worker who has died following an employment accident abroad is entitled to all the economic benefits (survivors’ pension) provided by the SGRP pursuant to Decree No. 1295 of 1994. It requests the Government to indicate in its next report whether, as the Committee understands it, the cash benefits guaranteed by this Decree are paid abroad when the victim’s dependants (Colombian or foreign wife) reside outside Colombia.

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

The Committee notes that the Government’s report contains no reply to its previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the reports provided by the Government in reply to its previous comments in relation to Conventions Nos. 24 and 25. However, it notes that they do not provide the detailed information requested in 2002 on the impact of all the legislation respecting the new General Social Security Health System (SGSSS) on the application of each of the Articles of the Convention and do not reply to its comments in relation to Articles 2; 3, paragraph 2; 4, paragraph 1; 6, paragraphs 1 and 2; and 9 of the Convention. The Committee is therefore bound to request the Government once again to provide all the information requested in its next report.

Article 2 of the Convention. The Committee requests the Government to provide statistical information on the number of persons insured under the contributory scheme of the SGSSS in relation to the total number of persons employed in industry, commerce and domestic service, in accordance with Part IV of the report form.

Article 3, paragraph 2. The Committee requests the Government to indicate whether, once this qualifying condition has been fulfilled, the provision of sickness benefit is subject to the completion of a waiting period. If so, please provide copies of the relevant provisions.

Article 4, paragraph 1. In its previous comments, the Committee drew the Government’s attention to the fact that this provision of the Convention does not provide for the possibility of making entitlement to medical care subject to the completion of a qualifying period. In this respect, it wishes to draw the Government’s attention to the following points:

(a)    The Committee notes that section 61 of Decree No. 806 of 1998 respecting the social security health scheme still establishes minimum periods of contribution for entitlement to the care necessary for the treatment of high-cost diseases: 100 weeks of contribution for diseases classified as catastrophic or ruinous under level IV of the compulsory health plan (POS) and 52 weeks for diseases needing surgery of an “optional nature”, as set out in group 8 of the manual of activities, medical acts and procedures. Insured persons who wish to receive treatment before having completed this period of contribution have to pay a percentage of the total value of the treatment corresponding to the percentage of the missing weeks of contribution required to complete the minimum period of contribution. The Committee hopes that the Government will be able to re-examine this matter in the light of Article 4, paragraph 1, referred to above, and indicate the measures which have been taken or are envisaged to abolish, or at least at first to reduce these particularly long qualifying periods. It would be grateful if the Government would provide information on the implementation in practice of these qualifying periods, and particularly their impact on workers who do not have sufficient financial means to pay the proportion of medical costs corresponding to the missing weeks of contribution. The Committee also requests the Government to indicate whether the completion of these qualifying periods is required each time that the worker changes health-care provider (EPS).

(b)    Furthermore, the Committee notes that, under the terms of sections 74 to 76 of Decree No. 806 of 1998 above, workers are entitled to the benefits guaranteed by the POS four weeks after their registration with an EPS, except for emergency care, which is provided immediately. Workers who have been insured for 12 consecutive months with the same EPS nevertheless benefit from an additional period of protection of four weeks after the date of termination of their contract with the EPS. The Committee however notes that during this period of protection, care is only provided for diseases which are currently being treated or which are of an urgent nature. It also understands that the qualifying period of four weeks required to benefit from the whole range of care guaranteed by the POS is required each time that workers change EPS, irrespective of their number of years of coverage by the SGSSS. In these conditions, the Committee requests the Government to re-examine this matter and to indicate the measures which have been taken or are envisaged to give full effect to Article 4, paragraph 1, of the Convention.

Article 6, paragraph 1. The Committee notes the information provided by the Government regarding the monitoring and surveillance carried out by the National Health Superintendence with a view to ensuring the functioning of the SGSSS. It notes in particular Decree No. 1259 of 1994 defining the objectives of such supervision, and Circulars Nos. 21, 22 and 23 of 1996 issued by the Superintendence with a view to ensuring supervision at the regional and local levels. The Committee would be grateful if the Government would provide additional information in future reports on the operational difficulties encountered in practice by the contributory scheme of the SGSSS (coverage of all workers, guaranteeing the benefits envisaged by the POS to all insured persons, financial problems, etc.).

With reference more particularly to the EPS, the Committee notes Decree No. 1485 of 1994, regulating the organization and operation of these entities. In this respect, it once again requests the Government to confirm that, in accordance with Article 6, paragraph 1, of the Convention, EPS are not carried on with a view to profit. Please provide copies of any relevant legislative provisions.

Article 6, paragraph 2. In reply to the Committee’s previous comments, the Government states that Decree No. 1757 of 1994 determines procedures for social participation in the public health service. This is carried out in three manners: civic participation, community participation and participation in the institutions of the SGSSS. The Committee notes this information. It observes that, under the terms of sections 9–16 of Decree No. 1757 above, health-care institutions (public, private and mixed) have to convene their insured persons to establish users’ alliances or associations and to appoint their representatives. Section 14 of the Decree enumerates the functions of users’ associations, with subsection 3 providing that these associations shall participate in the executive board of EPS, both public and mixed, with a view to proposing and agreeing upon measures to maintain and improve the quality of the service. With regard to private EPS, participation is possible, in accordance with the respective legal provisions. In these conditions, the Committee would be grateful if the Government would provide information on the participation of insured persons in the management of private EPS, and particularly their executive boards. Please provide copies of the relevant provisions in this respect.

Article 9. The Committee notes the Government’s statement that, in the event of disputes, the right of appeal may be exercised through civil jurisdictions or labour jurisdictions or through administrative channels within the local health directorates or the National Health Superintendence. The Committee would be grateful if the Government would provide additional information on the channels of administrative appeal referred to above (procedures, relevant provisions of laws or regulations, etc.).

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

The Committee notes that the Government’s report contains no reply to its previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

Please refer to comments made under Convention No. 24.

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

1. Part V of the report form. Application of the Convention in practice. Gradual extension of the number of persons covered. In its previous comments, the Committee invited the Government to keep it informed of measures taken to continue the geographical extension of coverage of the workers’ compensation system, in order to enable all agricultural wage earners covered by the Convention to be entitled to the benefits provided by the general system for employment injury compensation (Sistema General de Riesgos Profesionales (SGRP)). It therefore asked the Government to continue supplying information on the number of wage earners affiliated to the SGRP and, in particular, statistics on the number of insured wage earners in the agricultural sector in relation to the total number of wage earners working in this sector.

In its last report, the Government states that between 2005 and 2006 the total number of workers affiliated to the SGRP increased from 5,104,050 in 2005 to 5,796,531 in 2007, i.e. a total of 692,481 newly affiliated workers. However, the Government states that it does not have disaggregated statistics concerning the proportion of workers employed in the agricultural sector in this total. The Committee can therefore only emphasize that, in the absence of detailed statistics on this subject, it is unable to evaluate whether progress has been made in the extension of coverage of agricultural wage earners by the SGRP. In this respect, it notes that even though the total number of persons affiliated to the SGRP (agricultural and non-agricultural workers) actually increased between 2005 and 2006, it remains slightly below the number communicated by the Government in its previous report, and this does not appear to demonstrate real progress in this area. The Committee therefore trusts that the Government will supply information in its next report on tangible results achieved in the gradual extension to all agricultural wage earners of the protection guaranteed to them by the Convention, and that it will take all necessary steps to be able to supply statistical information on the number of wage earners affiliated to the SGRP in relation to the total number of wage earners, and also on the number of insured wage earners in the agricultural sector in relation to the total number of wage earners working in this sector.

2. The Committee notes the Government’s statement that specific measures have been taken to promote health protection and prevent occupational accidents involving women working on an informal basis in the rural sector. These measures have included training, consciousness-raising and action, and have sought to improve the conditions of health and the quality of life of this section of the population. Accordingly, 2,000 women from 20 departments benefited from this programme between 2005 and 2006 and the objective is to cover 12 new departments and some 1,200 women in 2007. The Committee notes this information and would be grateful if the Government would keep it informed in subsequent reports of the progress made with regard to the prevention of occupational accidents and the improvement of the conditions of health of informal workers in the agricultural sector.

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

The Committee notes that the Government’s report contains no reply to its previous comments. It must therefore repeat its previous observation, which read as follows:

Article 2(1) of the Convention. The Committee notes with interest, from the statistics supplied by the Government, that the number of workers affiliated to the general system for employment injury is increasing, from 4,320,038 members in 1996 to 6,185,191 members in 1998. In this regard the Committee requests the Government to communicate, on the one hand, information on the measures taken to ensure that all employers conform with section 4(c) of Decree No. 1295 cited above, in the practice of affiliation of their workers and, on the other hand, to continue to communicate statistical information on the number of workers affiliated to the general system for employment injury compared to the total number of salaried persons, both in the private and the public sector. Furthermore, the Committee again requests the Government to supply detailed information on the implementation of section 4(e) of Decree No. 1295, under which employers who do not affiliate their workers to the system shall be responsible for the benefits guaranteed by the above Decree in cases of occupational accidents.

Article 5. In reply to the earlier comments of the Committee regarding payment of compensation in the form of a lump sum where the worker suffers a definitive decrease in his or her capacity for work of between 5 and 50 per cent, the Government indicates that the legislation does not provide for the adoption of measures to ensure that the above compensation will be properly utilized. The Committee recalls in this respect that, under this provision of the Convention, compensation payable in cases of accidents where permanent incapacity results shall be paid in the form of periodical payments; they may only be paid wholly or partially in the form of a lump sum if the competent authority is satisfied that it will be properly utilized. The Committee lays all the more stress on this point since the legislation authorizes payment in the form of a lump sum for decreases in the capacity for work of up to 50 per cent, a decrease which could result in a substantial loss in earning capacity. Under these circumstances, the Committee hopes that the Government will indicate in its next report the measures taken or envisaged to guarantee the full application of this provision of the Convention.

Article 11.  1. In its earlier comments, the Committee had recalled the need to take measures to ensure in all circumstances the payment of compensation to victims of employment injuries and their dependants and to guarantee payment in the event of the insolvability of the employer, in view of the fact that, under section 4(e) of Decree No. 1295, where the employer has not affiliated his workers to the general system for employment injury, he remains responsible for the payment of their benefits. The Government indicates in this regard that, under the Labour Code, claims arising from wages, social benefits and other compensation are accorded a preferential status. While noting this information, the Committee considers that the preferential status allowed to these claims is not alone sufficient to ensure full application of this provision of the Convention, especially where the employer is responsible for the long-term payment of benefits (disability or survivor’s benefits). It consequently requests the Government to indicate in its next report the measures taken to guarantee full application of this provision of the Convention.

2. In reply to earlier comments by the Committee, the Government indicates that the Banking Supervisory Authority exercises financial control over the insurance companies authorized to operate in the employment injury insurance branch. Moreover, the Guarantee Fund for Financial Institutions (FOGAFIN) guarantees the payment of benefits to these workers in the event of the insolvency of the insurance companies. The Committee notes this information. It requests the Government to communicate additional information in its next reports on the implementation of the FOGAFIN guarantee, indicating in particular whether the pertinent regulation provided under section 83 of Decree No. 1295 has been adopted and, if so, supplying a copy thereof. Please also specify the manner in which medical benefits are guaranteed in the event of insolvency of insurance companies.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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

The Committee notes that the Government’s report contains no reply to its previous comments. It must therefore repeat its previous observation, which read as follows:

Non-payment of social security contributions by the company Intercontinental de Aviación. The Committee notes the information provided by the Government in its report in reply to the observations made in 2003 by the Colombian Association of Civil Pilots (ACDAC) concerning the non-payment of social security contributions by the company Intercontinental de Aviación in relation to its employees. It notes, in this respect, that an inspection of the above company carried out in July 2004 ascertained the failure to pay social security contributions for the period 1998 to 2004. The Government adds that the company has since been closed by order of the Civil Aviation Administrative Department and that the retroactive payment has been ordered of the sums due in respect of contributions to the global social security scheme. The Committee notes this information and requests the Government to continue to keep it informed of the outcome of this matter and, in particular, of the situation of the workers of the above company in relation to health insurance for both the period prior to the closure of the company and the period since then. The Committee also takes the opportunity to request the Government to indicate the measures that have already been taken or are envisaged to ensure greater compliance in future with the obligations deriving from the Convention and to prevent such clear cases of non-compliance persisting over such long periods.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the reports provided by the Government in reply to its previous comments in relation to Conventions Nos. 24 and 25. However, it notes that they do not provide the detailed information requested in 2002 on the impact of all the legislation respecting the new General Social Security Health System (SGSSS) on the application of each of the Articles of the Convention and do not reply to its comments in relation to Articles 2; 3, paragraph 2; 4, paragraph 1; 6, paragraphs 1 and 2; and 9 of the Convention. The Committee is therefore bound to request the Government once again to provide all the information requested in its next report.

Article 2 of the Convention. The Committee requests the Government to provide statistical information on the number of persons insured under the contributory scheme of the SGSSS in relation to the total number of persons employed in industry, commerce and domestic service, in accordance with Part IV of the report form.

Article 3, paragraph 2. The Committee requests the Government to indicate whether, once this qualifying condition has been fulfilled, the provision of sickness benefit is subject to the completion of a waiting period. If so, please provide copies of the relevant provisions.

Article 4, paragraph 1. In its previous comments, the Committee drew the Government’s attention to the fact that this provision of the Convention does not provide for the possibility of making entitlement to medical care subject to the completion of a qualifying period. In this respect, it wishes to draw the Government’s attention to the following points:

(a)  The Committee notes that section 61 of Decree No. 806 of 1998 respecting the social security health scheme still establishes minimum periods of contribution for entitlement to the care necessary for the treatment of high-cost diseases: 100 weeks of contribution for diseases classified as catastrophic or ruinous under level IV of the compulsory health plan (POS) and 52 weeks for diseases needing surgery of an "optional nature", as set out in group 8 of the manual of activities, medical acts and procedures. Insured persons who wish to receive treatment before having completed this period of contribution have to pay a percentage of the total value of the treatment corresponding to the percentage of the missing weeks of contribution required to complete the minimum period of contribution. The Committee hopes that the Government will be able to re-examine this matter in the light of Article 4, paragraph 1, referred to above, and indicate the measures which have been taken or are envisaged to abolish, or at least at first to reduce these particularly long qualifying periods. It would be grateful if the Government would provide information on the implementation in practice of these qualifying periods, and particularly their impact on workers who do not have sufficient financial means to pay the proportion of medical costs corresponding to the missing weeks of contribution. The Committee also requests the Government to indicate whether the completion of these qualifying periods is required each time that the worker changes health-care provider (EPS).

(b)  Furthermore, the Committee notes that, under the terms of sections 74 to 76 of Decree No. 806 of 1998 above, workers are entitled to the benefits guaranteed by the POS four weeks after their registration with an EPS, except for emergency care, which is provided immediately. Workers who have been insured for 12 consecutive months with the same EPS nevertheless benefit from an additional period of protection of four weeks after the date of termination of their contract with the EPS. The Committee however notes that during this period of protection, care is only provided for diseases which are currently being treated or which are of an urgent nature. It also understands that the qualifying period of four weeks required to benefit from the whole range of care guaranteed by the POS is required each time that workers change EPS, irrespective of their number of years of coverage by the SGSSS. In these conditions, the Committee requests the Government to re-examine this matter and to indicate the measures which have been taken or are envisaged to give full effect to Article 4, paragraph 1, of the Convention.

Article 6, paragraph 1. The Committee notes the information provided by the Government regarding the monitoring and surveillance carried out by the National Health Superintendence with a view to ensuring the functioning of the SGSSS. It notes in particular Decree No. 1259 of 1994 defining the objectives of such supervision, and Circulars Nos. 21, 22 and 23 of 1996 issued by the Superintendence with a view to ensuring supervision at the regional and local levels. The Committee would be grateful if the Government would provide additional information in future reports on the operational difficulties encountered in practice by the contributory scheme of the SGSSS (coverage of all workers, guaranteeing the benefits envisaged by the POS to all insured persons, financial problems, etc.).

With reference more particularly to the EPS, the Committee notes Decree No. 1485 of 1994, regulating the organization and operation of these entities. In this respect, it once again requests the Government to confirm that, in accordance with Article 6, paragraph 1, of the Convention, EPS are not carried on with a view to profit. Please provide copies of any relevant legislative provisions.

Article 6, paragraph 2. In reply to the Committee’s previous comments, the Government states that Decree No. 1757 of 1994 determines procedures for social participation in the public health service. This is carried out in three manners: civic participation, community participation and participation in the institutions of the SGSSS. The Committee notes this information. It observes that, under the terms of sections 9-16 of Decree No. 1757 above, health-care institutions (public, private and mixed) have to convene their insured persons to establish users’ alliances or associations and to appoint their representatives. Section 14 of the Decree enumerates the functions of users’ associations, with subsection 3 providing that these associations shall participate in the executive board of EPS, both public and mixed, with a view to proposing and agreeing upon measures to maintain and improve the quality of the service. With regard to private EPS, participation is possible, in accordance with the respective legal provisions. In these conditions, the Committee would be grateful if the Government would provide information on the participation of insured persons in the management of private EPS, and particularly their executive boards. Please provide copies of the relevant provisions in this respect.

Article 9. The Committee notes the Government’s statement that, in the event of disputes, the right of appeal may be exercised through civil jurisdictions or labour jurisdictions or through administrative channels within the local health directorates or the National Health Superintendence. The Committee would be grateful if the Government would provide additional information on the channels of administrative appeal referred to above (procedures, relevant provisions of laws or regulations, etc.).

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

Please refer to comments made under Convention No. 24.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

Non-payment of social security contributions by the company Intercontinental de Aviación. The Committee notes the information provided by the Government in its report in reply to the observations made in 2003 by the Colombian Association of Civil Pilots (ACDAC) concerning the non-payment of social security contributions by the company Intercontinental de Aviación in relation to its employees. It notes, in this respect, that an inspection of the above company carried out in July 2004 ascertained the failure to pay social security contributions for the period 1998 to 2004. The Government adds that the company has since been closed by order of the Civil Aviation Administrative Department and that the retroactive payment has been ordered of the sums due in respect of contributions to the global social security scheme. The Committee notes this information and requests the Government to continue to keep it informed of the outcome of this matter and, in particular, of the situation of the workers of the above company in relation to health insurance for both the period prior to the closure of the company and the period since then. The Committee also takes the opportunity to request the Government to indicate the measures that have already been taken or are envisaged to ensure greater compliance in future with the obligations deriving from the Convention and to prevent such clear cases of non-compliance persisting over such long periods.

The Committee is also raising other matters in a request addressed directly to the Government.

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes that the Colombian Association of Civil Pilots (ACDAC) has made observations on the application of the Convention and invites the Government to reply to them in its next report.

The Committee wishes to point out that this comment only covers the observations made by the above workers’ organization under article 23 of the Constitution and reminds the Government that it is asked to reply in its next report to the comments made in 2002 on the application of the Convention in general.

[The Government is asked to reply in detail to these comments in 2004.]

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Government is asked to refer to the comments made under Convention No. 24.

[The Government is asked to reply in detail to the present comments in 2004.]

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the adoption of Act No. 100 of 23 December 1993 to establish a comprehensive social security system, and Decree No. 1295 of 22 June 1994 on the organization and administration of the general system of occupational risks. The Government indicates in this regard that the benefits provided for by Decree No. 1295 in the event of occupational injury are granted to national workers and foreign workers on the same terms. The Committee would be grateful if the Government would indicate in its next report whether, and in what manner, the cash benefits guaranteed by this Decree are paid abroad where injured persons transfer their residence abroad or where the injured person’s dependants reside abroad.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the information contained in the Government’s last report and the many legislative texts attached. The Committee however notes that the Government has not provided detailed information on the impact of the legislation as a whole respecting the new General Social Security Health System (SGSSS) on the application of each of the Articles of the Convention. It requests it to provide such information in its next detailed report. The Committee also wishes to draw the Government’s attention to the following points.

Article 2 of the Convention. In reply to the Committee’s previous comments on the geographical coverage of the contributory scheme of the SGSSS, the Government indicates that the number of persons paying contributions to this scheme was 5,631,268 in the month of December 1999, and that all workers bound by a contract of employment contribute to the scheme. The Committee notes this information and requests the Government to continue providing statistical information on the number of persons insured under the contributory scheme of the SGSSS in relation to the total number of persons employed in industry, commerce and domestic service, in accordance with Part IV of the report form.

Article 3, paragraph 2. The Committee notes that, under the terms of section 3 of Decree No. 047 of 19 January 2000, in the event of temporary incapacity for work as a result of illness, the provision of cash benefits is subject to a period of contribution of four weeks. It once again requests the Government to indicate whether, once this qualifying condition has been fulfilled, the provision of sickness benefit is subject to the completion of a waiting period. If so, please provide copies of the relevant provisions.

Article 4, paragraph 1. In its previous comments, the Committee drew the Government’s attention to the fact that this provision of the Convention does not provide for the possibility of making entitlement to medical care subject to the completion of a qualifying period. In this respect, it wishes to draw the Government’s attention to the following points:

(a)  The Committee notes that section 61 of Decree No. 806 of 1998 respecting the social security health scheme still establishes minimum periods of contribution for entitlement to the care necessary for the treatment of high-cost diseases: 100 weeks of contribution for diseases classified as catastrophic or ruinous under level IV of the compulsory health plan (POS) and 52 weeks for diseases needing surgery of an "optional nature", as set out in group 8 of the manual of activities, medical acts and procedures. Insured persons who wish to receive treatment before having completed this period of contribution have to pay a percentage of the total value of the treatment corresponding to the percentage of the missing weeks of contribution required to complete the minimum period of contribution. The Committee hopes that the Government will be able to re-examine this matter in the light of Article 4, paragraph 1, referred to above and indicate the measures which have been taken or are envisaged to abolish, or at least at first to reduce these particularly long qualifying periods. It would be grateful if the Government would provide information on the implementation in practice of these qualifying periods, and particularly their impact on workers who do not have sufficient financial means to pay the proportion of medical costs corresponding to the missing weeks of contribution. The Committee also requests the Government to indicate whether the completion of these qualifying periods is required each time that the worker changes health-care provider (EPS).

(b)  Furthermore, the Committee notes that, under the terms of sections 74 to 76 of Decree No. 806 of 1998 above, workers are entitled to the benefits guaranteed by the POS four weeks after their registration with an EPS, except for emergency care, which is provided immediately. Workers who have been insured for 12 consecutive months with the same EPS nevertheless benefit from an additional period of protection of four weeks after the date of termination of their contract with the EPS. The Committee however notes that during this period of protection, care is only provided for diseases which are currently being treated or which are of an urgent nature. It also understands that the qualifying period of four weeks required to benefit from the whole range of care guaranteed by the POS is required each time that workers change EPS, irrespective of their number of years of coverage by the SGSSS. In these conditions, the Committee requests the Government to re-examine this matter and to indicate the measures which have been taken or are envisaged to give full effect to Article 4, paragraph 1, of the Convention.

Article 6, paragraph 1. The Committee notes the information provided by the Government regarding the monitoring and surveillance carried out by the National Health Superintendence with a view to ensuring the functioning of the SGSSS. It notes in particular Decree No. 1259 of 1994 defining the objectives of such supervision, and Circulars Nos. 21, 22 and 23 of 1996 issued by the Superintendence with a view to ensuring supervision at the regional and local levels. The Committee would be grateful if the Government would provide additional information in future reports on the operational difficulties encountered in practice by the contributory scheme of the SGSSS (coverage of all workers, guaranteeing the benefits envisaged by the POS to all insured persons, financial problems, etc.).

With reference more particularly to the EPS, the Committee notes Decree No. 1485 of 1994, regulating the organization and operation of these entities. In this respect, it once again requests the Government to confirm that, in accordance with Article 6, paragraph 1, of the Convention, EPS are not carried on with a view to profit. Please provide copies of any relevant legislative provisions.

Article 6, paragraph 2. In reply to the Committee’s previous comments, the Government states that Decree No. 1757 of 1994 determines procedures for social participation in the public health service. This is carried out in three manners: civic participation, community participation and participation in the institutions of the SGSSS. The Committee notes this information. It observes that, under the terms of sections 9 to 16 of Decree No. 1757 above, health-care institutions (public, private and mixed) have to convene their insured persons to establish users’ alliances or associations and to appoint their representatives. Section 14 of the Decree enumerates the functions of users’ associations, with subsection 3 providing that these associations shall participate in the executive board of EPS, both public and mixed, with a view to proposing and agreeing upon measures to maintain and improve the quality of the service. With regard to private EPS, participation is possible, in accordance with the respective legal provisions. In these conditions, the Committee would be grateful if the Government would provide information on the participation of insured persons in the management of private EPS, and particularly their executive boards. Please provide copies of the relevant provisions in this respect.

Article 9. The Committee notes the Government’s statement that, in the event of disputes, the right of appeal may be exercised through civil jurisdictions or labour jurisdictions or through administrative channels within the local health directorates or the National Health Superintendence. The Committee would be grateful if the Government would provide additional information on the channels of administrative appeal referred to above (procedures, relevant provisions of laws or regulations, etc.).

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

In reply to the Committee’s previous comments on the coverage in practice of the General Social Security Health System (SGSSS) in the agricultural sector, the Government states that the contributory scheme of the SGSSS covers all workers bound by a contract of employment, and that employers are obliged to register them with the SGSSS. The Government adds that it does not have statistics available on the total number of persons employed in the agricultural sector and the percentage of such employed persons registered with the SGSSS. The Committee notes this information and requests the Government to indicate whether health-care provider institutions are able to ensure the provision to insured persons of the care guaranteed by the compulsory health plan in all the regions of the country, and particularly in agricultural regions.

Furthermore, the Committee requests the Government to refer to the comments that it is making on the application of Convention No. 24.

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

In reply to the Committee’s previous comments concerning the extent of the coverage of the general system for employment injury compensation (Sistema General de riesgos Profesionales (SGRP)) to wage earners in the agricultural sector, the Government states that enterprises in the agricultural industry are affiliated to the SGRP and that the implementation of this system is gradual in both the urban and rural sectors. The Government hopes that its next report on the application of the Convention will show positive developments and even significant progress in the application of the Convention.

The Committee notes this information and the statistics provided by the Government. It notes with interest the increase in the number of workers affiliated to the SGRP (6,185,191 insured persons in 1998, compared with 4,320,038 in 1996). It nevertheless hopes that the Government will indicate in its next report the measures taken to enable all the agricultural wage earners covered by the Convention to be entitled to the benefits provided by the SGRP in the event of employment injury. In this respect, it requests the Government to continue providing information on the number of wage earners affiliated to the SGRP and, in particular, statistics on the number of insured wage earners in the agricultural sector in relation to the total number of wage earners working in this sector.

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

The Committee notes the information supplied by the Government regarding the general compensation system for employment injury established under Decree No. 1295 of 22 June 1994, as well as the statistical data relative to the numbers affiliated to the system. It also notes with interest the details supplied by the Government in reply to its comments on the application of Articles 8, 9 and 10 of the Convention. However, the Committee wishes to draw the Government’s attention to and receive information on the following points.

Article 2(1) of the Convention.  The Committee notes with interest, from the statistics supplied by the Government, that the number of workers affiliated to the general system for employment injury is increasing, from 4,320,038 members in 1996 to 6,185,191 members in 1998. In this regard the Committee requests the Government to communicate, on the one hand, information on the measures taken to ensure that all employers conform with section 4(c) of Decree No. 1295 cited above, in the practice of affiliation of their workers and, on the other hand, to continue to communicate statistical information on the number of workers affiliated to the general system for employment injury compared to the total number of salaried persons, both in the private and the public sector. Furthermore, the Committee again requests the Government to supply detailed information on the implementation of section 4(e) of Decree No. 1295, under which employers who do not affiliate their workers to the system shall be responsible for the benefits guaranteed by the above Decree in cases of occupational accidents.

Article 5.  In reply to the earlier comments of the Committee regarding payment of compensation in the form of a lump sum where the worker suffers a definitive decrease in his or her capacity for work of between 5 and 50 per cent, the Government indicates that the legislation does not provide for the adoption of measures to ensure that the above compensation will be properly utilized. The Committee recalls in this respect that, under this provision of the Convention, compensation payable in cases of accidents where permanent incapacity results shall be paid in the form of periodical payments; they may only be paid wholly or partially in the form of a lump sum if the competent authority is satisfied that it will be properly utilized. The Committee lays all the more stress on this point since the legislation authorizes payment in the form of a lump sum for decreases in the capacity for work of up to 50 per cent, a decrease which could result in a substantial loss in earning capacity. Under these circumstances, the Committee hopes that the Government will indicate in its next report the measures taken or envisaged to guarantee the full application of this provision of the Convention.

Article 11.  1.  In its earlier comments, the Committee had recalled the need to take measures to ensure in all circumstances the payment of compensation to victims of employment injuries and their dependants and to guarantee payment in the event of the insolvability of the employer, in view of the fact that, under section 4(e) of Decree No. 1295, where the employer has not affiliated his workers to the general system for employment injury, he remains responsible for the payment of their benefits. The Government indicates in this regard that, under the Labour Code, claims arising from wages, social benefits and other compensation are accorded a preferential status. While noting this information, the Committee considers that the preferential status allowed to these claims is not alone sufficient to ensure full application of this provision of the Convention, especially where the employer is responsible for the long-term payment of benefits (disability or survivor’s benefits). It consequently requests the Government to indicate in its next report the measures taken to guarantee full application of this provision of the Convention.

2.  In reply to earlier comments by the Committee, the Government indicates that the Banking Supervisory Authority exercises financial control over the insurance companies authorized to operate in the employment injury insurance branch. Moreover, the Guarantee Fund for Financial Institutions (FOGAFIN) guarantees the payment of benefits to these workers in the event of the insolvency of the insurance companies. The Committee notes this information. It requests the Government to communicate additional information in its next reports on the implementation of the FOGAFIN guarantee, indicating in particular whether the pertinent regulation provided under section 83 of Decree No. 1295 has been adopted and, if so, supplying a copy thereof. Please also specify the manner in which medical benefits are guaranteed in the event of insolvency of insurance companies.

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

With reference to its observation concerning the adoption of the new general social security system for health care, established by Act No. 100 of 1993, as amended by Decree No. 1298 of 22 June 1994, and the regulations issued thereunder (Decrees Nos. 1919 and 1938 of 1994), the Committee requests the Government to provide detailed information on the following points.

Article 3, paragraph 1, of the Convention. The Committee notes that under section 11 of Decree No. 1938 of 5 August 1994 and section 8(b) of Decree No. 1919 of 5 August 1994, the Compulsory Health Plan (POS) provides for the award of cash benefits to persons insured under the contributory scheme in the event of temporary incapacity resulting from a general disease. In this respect, the Committee would be grateful if the Government would specify the amount of these benefits and the period during which they can be provided, with an indication of the legal provisions that are applicable.

Article 3, paragraph 2. The Committee requests the Government to indicate whether and, if so, under which provisions, the payment of a cash benefit in the event of temporary incapacity for work as a result of sickness is subject to the completion of a qualifying period.

See also under Article 4, paragraph 1, point 2(b) below.

Article 4, paragraph 1. (1) The Committee notes that, in accordance with section 2(f) of Decree No. 1919 of 1994, the Compulsory Health Plan guaranteed by the health care providers (EPS) to their insured persons includes preventive, medical and surgical care, rehabilitation and the provision of essential medicines. Section 3(b) of Decree No. 1938 of 1994 specifies that the procedures for the provision of these health benefits are governed by manuals of procedure and guidelines for integral assistance established by the Ministry of Health. The Committee would be grateful if the Government would supply detailed information in its next report on the nature of the care guaranteed by the POS and copies of the above manuals and guidelines adopted by the Ministry of Health. The Committee also requests the Government to indicate the period of which the medical care supplied in the context of the POS is provided to workers.

(2) The Committee recalls that Article 4, paragraph 1, does not provide for the possibility of submitting entitlement to medical care to the completion of a waiting period. In this respect, it wishes to draw the Government's attention to the following points.

(a) The Committee notes that section 26 of Decree No. 1938 establishes minimum periods of contribution for entitlement to care required for the treatment of high-cost diseases: 100 weeks of contribution for diseases classified as catastrophic or ruinous under level IV of the POS and 52 weeks for diseases needing surgery of an "optional nature", as from group 8 of the manual of activities, medical acts and procedures. Insured persons who wish to receive treatment before having completed this period of contribution have to pay a percentage of the total value of the treatment corresponding to the percentage of the missing weeks of contribution required to complete the minimum period of contribution. In these conditions, the Committee hopes that the Government will be able to re-examine the matter in the light of Article 4, paragraph 1, of the Convention and will indicate the measures which have been taken or are envisaged to abolish, or at least in the first stage to reduce these waiting periods, which are particularly long. Please also indicate whether the completion of these waiting periods is required each time that a worker changes EPS. The Committee also requests the Government to provide the list of diseases for which the treatment is subject to the completion of one of the above waiting periods and the medical acts concerned. Finally, it would be grateful if the Government would provide information on the effect given in practice to the above provisions and on the measures which have been taken or are envisaged to give effect to Article 4, paragraph 1, in the case of workers who do not have sufficient financial means to pay the proportion of the medical expenses which corresponds to the remaining weeks of contribution.

(b) Furthermore, the Committee notes that, in accordance with section 24 of Decree No. 1938 of 1994, workers are entitled to the benefits guaranteed by the POS four weeks after their registration with an EPS, except for emergency care, which is provided immediately. Furthermore, in cases where workers have been insured under the same EPS for six months, they benefit from a supplementary four-week period of protection after the date on which their contract with the EPS comes to an end. However, during this period of protection, care is only provided for diseases which are currently being treated or which are of an urgent nature (section 25 of the Decree). In these conditions, the Committee requests the Government to indicate whether workers who decide to leave the Social Security Institute to become insured under an EPS or to change EPS must once again wait four weeks to be entitled to the medical and cash benefits guaranteed by the POS in the case of new diseases or accidents which occurred after changing the insurance scheme.

Article 4, paragraph 2. The Committee notes that, in accordance with section 63 of Decree No. 1298 of 1984, persons who are insured under the general social security system for health care are required to share in the cost of health care in order to rationalize the use of the services provided by the system, although this cost-sharing must not in any event constitute a barrier to access to care for the most impoverished. The Committee would be grateful if the Government would supply additional information in its next report on the mechanisms of this cost-sharing.

Article 6, paragraph 1. (a) The Committee would be grateful if the Government would indicate the manner in which effect is given to this provision of the Convention, in accordance with which sickness insurance shall be administered by self-governing institutions, which shall be under the administrative and financial supervision of the competent public authority and shall not be carried on with a view of profit.

(b) The Committee notes the provisions of Book V of Decree No. 1298 of 1994 respecting the inspection, control and supervision of the general social security scheme for health care, and particularly respecting the National Health Authority. In this respect, it requests the Government to provide detailed information on the manner in which the system, and particularly EPS, are supervised in practice.

Article 6, paragraph 2. Under the terms of section 3(10) of Decree No. 1298, the participation of representatives of the organizations of the persons protected is compulsory in the administrative bodies of public entities. Furthermore, the Committee notes that section 8(5) of the above Decree guarantees the participation of insured persons, either individually or through their organizations, in all the assemblies and representative and inspection mechanisms of entities which manage, promote and provide health services under the general social security scheme (see also sections 5(h) and 42 of the Decree). It would be grateful if the Government would indicate how the participation of insured persons is guaranteed in practice in the management of the system, and particularly EPS.

Article 9. The Committee requests the Government to indicate whether and under which provisions, the legislation recognizes a right of appeal to insured persons in the event of disputes concerning their entitlement to health care benefits, in accordance with this provision of the Convention.

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

The Committee notes the adoption of the new general social security system for health care, for which the structure and rules are established by Act No. 100 of 1993 on the social security system, as amended by Decree No. 1298 of 22 June 1994 and the regulations issued thereunder (Decrees Nos. 1919 and 1938 of 1994). The objective of the system is to establish conditions under which the whole population has access to the public health service. Health Care Providers (EPS) are responsible for the affiliation and registration of insured persons and the collection of contributions. In exchange, they are under the obligation to provide insured persons with the benefits guaranteed under the Compulsory Health Plan (POS) either directly or through institutions which provide health care services. The EPS may be public bodies, such as the Social Security Institute, or private or mixed entities and have to be recognized by the National Health Authority, which is the supervisory and inspection body for the system. Furthermore, workers must be able to freely choose the EPS under which they wish to be insured.

The Committee notes that the Government's latest report only contains general comments on the new health system. In these conditions, it once again requests the Government to supply detailed information on the impact of the new legislation on each of the Articles of the Convention.

With particular reference to Article 2 of the Convention, the Committee has been drawing the Government's attention for a number of years to the need to extend the application of the legislation giving effect to the Convention to the whole of the national territory. In its latest report, the Government states that the objective of the health branch of the general social security system established by Act No. 100 of 1993 is to enable all residents on the national territory to have access to the Compulsory Health Plan by the year 2001. In these conditions, the Committee would be grateful if the Government would provide statistical information on the coverage in practice of the general social security system in the field of health care as regards the contributory scheme and if it would indicate in particular the percentage of workers covered by the Convention who benefit from the POS in the context of the contributory scheme in relation to the total number of such workers.

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

The Committee takes note of the adoption of a new General System of Social Security in the Health Branch, the structure of which was established by Act No. 100 of 1993 respecting the social security system as amended by Decree No. 1298 of 22 June 1994 and its implementing regulations (Decrees Nos. 1919 and 1938 of 1994). In this regard, the Committee refers to its comments concerning Convention No. 24.

In addition, the Committee hopes that the Government will indicate whether the General System of Social Security in Health has entered into force for agricultural workers, bearing in mind section 703 of Decree No. 1298 according to which employers and workers in agriculture and stock-raising are required to affiliate to the bodies responsible for providing social security services in health where such services are provided in the regions concerned. If this is the case, the Committee would be grateful if the Government would provide statistics on the coverage of the agricultural sector by the General System of Social Security in Health and to indicate in particular the percentage of workers covered by the Convention who are entitled to services on a contributory basis under the Compulsory Health Plan.

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

In previous comments, the Committee requested further information and statistics on the effective extension of the social security scheme in respect of employment injury to agricultural wage-earners coming under the scope of the Convention. In reply, the Government states that many laws exist to ensure protection of workers; that coverage of the entire working population is 20 per cent; and that 8 per cent of the covered workers are in the primary sector which would include agricultural workers.

The Committee notes this information. It points out that it is difficult to assess the progress made in extending the application of the Social Security Act No. 100 of 1993 to the agricultural sector, due to the lack of more precise statistics on the number of insured employees in agriculture in relation to the total number of agricultural employees, as well as the lack of statistics from previous years which would provide an indication of progress. It would appreciate receiving more detailed data in the Government's next report in order to assess the compliance of the employment injury scheme to the agricultural sector with the provisions of the Convention.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

In its previous direct request the Committee drew the Government's attention to the fact that item 35 on the types of work liable to cause anthrax infection, of section 1 of Decree No. 0778 of 1987 concerning workers not covered by the compulsory social security scheme, does not mention among such types of work, as required by the Convention, "loading and unloading or transport of merchandise". The absence of this specification means that it is not possible to establish an automatic presumption of the occupational origin of the disease for workers (such as dockers) who are exposed to anthrax infection because they transport or handle merchandise that has previously, without their knowledge, been in contact with infected animals or animal carcasses.

In its reply the Government states that item 35 of section 1 of Decree No. 0778 recognizes the occupational origin of anthrax infection contracted by workers who have been in contact, in whatever form, with merchandise contaminated by infected animals. The Committee notes this information. It observes, however, that the wording of item No. 35 covers only contact with animals and the handling of animal carcasses and not merchandise in general, as required by the Convention. Consequently, the Committee again expresses the hope that the Government will shortly adopt the necessary measures to bring item 35 of section 1 of Decree No. 0778 of 1987 into full conformity with the requirements of the Convention.

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

With reference to its previous comments, the Committee notes the adoption of the new Social Security Act, No. 100 of 1993, which sets up a comprehensive social security system guaranteeing its gradual extension to the whole population including the agricultural sector (section 6 of Act). With particular reference to the employment injury branch, the Committee also notes that Decree No. 1295 of 1994, issued under section 139 of the above-mentioned Act, applies by virtue of section 3 to all enterprises engaged in activities on the national territory and to all workers in both public and private sectors, subject to the exceptions provided for in section 279 of Act No. 100 of 1993. The Committee would be grateful if in its next report the Government would provide detailed information and statistics on the effective extension of the social security scheme in respect of employment injury so as to cover the whole national territory and all agricultural wage-earners coming under the scope of the Convention.

[The Government is asked to report in detail in 1996.]

Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes the adoption of Act No. 100 of 23 December 1993 establishing an overall social security system, as well as Decree No. 1295 of 22 June 1994, governing the organization and administration of the general system for employment injury. Under the new system, all employers have to affiliate under the general system for employment injury (section 4(c) of the Decree), which covers all the public and private bodies, standards and procedures designed to prevent, protect and assist workers with regard to the effects of diseases and injuries which may arise during or as a consequence of their work (section 1). The choice of bodies which administer the general system for employment injury is free and voluntary for the employer (section 4(f)). However, such bodies can only be established by the Social Insurance Institute and by life insurance companies which obtain authorization from the Banking Supervisory Authority to operate in the employment injury insurance branch (section 77 of the Decree). Employers which are registered with the Social Insurance Institute when the Decree comes into force may transfer their affiliation to any other body administering the employment injury branch, provided it is duly authorized (section 78 of the Decree). The new general system for employment injury came into force for private sector employers and workers as of 1 August 1994; it will be applicable to the public sector at the latest by 1 January 1996 (section 97 of the Decree). From the date of publication of the Decree, certain sections of the Labour Code respecting compensation for employment injury, as well as certain provisions of Decree No. 3135 of 1968 and Decree No. 1848 of 1969, respecting public officials and employees, concerning which the Committee had commented previously, are repealed.

The Committee would be grateful if the Government's next report contained detailed information on the implementation in law and practice of the new general system for employment injury established by Decree No. 1295 of 1994 under each of the Articles of the Convention. Furthermore, it would be grateful in particular to be provided with information on the following points.

Article 2, paragraph 1, of the Convention. 1. The Committee requests the Government to provide statistics on the number of workers registered with the general system for employment injury by their employer, under the terms of section 4(c) of Decree No. 1295, and their proportion in relation to the total number of employees, in both the private and public sectors.

2. The Committee also notes that by virtue of section 4(e) of the above Decree, employers which do not register their workers under the general system for employment injury shall be responsible for the benefits laid down in the above Decree, in addition to any sanctions applicable under the law. The Committee would be grateful if the Government would provide detailed information on the effect given to this provision. It also requests the Government to indicate the measures taken to ensure that in practice employers register their workers under the new general system for employment injury.

Article 5. The Committee notes that, under the terms of section 42 of Decree No. 1295, any person covered by the general system for employment injury who suffers a definitive decrease in his or her capacity for work is entitled, when the loss of capacity is less than 50 per cent, but at least 5 per cent, to compensation payable as a lump sum. The Committee recalls that, in accordance with Article 5 of the Convention, compensation may be paid as a lump sum if the competent authority is satisfied that it will be properly utilized. It would be grateful if the Government would indicate the measures which have been taken or are envisaged to ensure that full effect is given to this provision of the Convention.

Article 8. The Committee would be grateful if the Government would provide detailed information on the manner in which the new general system for employment injury is supervised in practice. Furthermore, the Committee would be grateful if the Government would also indicate the legal channels of redress available to workers in the event that their benefits are refused or that disputes arise concerning their amount.

Articles 9 and 10. The Committee requests the Government to indicate in its next report whether a maximum amount or time-limit is established for the cost of medical, surgical and pharmaceutical aid, as well as for the supply and renewal of artificial limbs and surgical appliances (section 5 of Decree No. 1295).

Article 11. 1. The Committee hopes that the Government's next report will contain detailed information on the measures taken to ensure in all circumstances, and in accordance with this provision of the Convention, the payment of compensation to the victims of employment injuries and their dependants, and particularly to guarantee payment in the event of the insolvency of the employer in cases where the latter remains responsible for the payment of benefits under the terms of section 4(e) of Decree No. 1295 due to failure to register workers under the general system for employment injury.

2. The Committee notes that under the terms of section 79 of Decree No. 1295, life insurance companies which wish to obtain authorization from the Banking Supervisory Authority to operate in the employment injury insurance branch have to possess their own assets to a level not lower than an amount determined regularly by the Government (500 million pesos in 1994). Futhermore, under the terms of section 83 of the above Decree, without prejudice to the fulfilment by reinsurance companies of their obligations, the State guarantees, through the Guarantee Fund for Financial Institutions (FOGAFIN), the payment of pensions in the event of the loss of the assets or the suspension of payments by the body administering the general system for employment injury, in accordance with regulations issued for that purpose. The Committee requests the Government to provide further information on the implementation in practice of this guarantee and to provide the text of the regulations mentioned in section 83. The Committee would also be grateful if the Government would indicate the manner in which the provision of medical care is guaranteed in the event of the insolvency of the insurer.

Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes the information supplied by the Government in its report. It also notes the adoption of Act No. 100 of 23 December 1993 establishing an integrated social security system, of Decree No. 1298 of 22 June 1994 enacting the organic status of the general social security system on health as well as various other texts under Act No. 100. The Committee requests the Government to supply in its next report further information on the entry into force of this legislation in regard to sickness insurance and its implementation in practice. It would like, in particular, the Government to provide detailed information for each of the Articles of the Convention in regard to medical care and sickness benefits.

With respect more particularly to Article 2 of the Convention, the Committee hopes that the Government's next report will contain detailed information on the geographical extension of the integrated social security scheme in order to ensure that all workers covered by the Convention benefit from sickness insurance.

[The Government is requested to report in detail in 1997.]

Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

See under Convention No. 24, as follows:

The Committee notes the information supplied by the Government in its report. It also notes the adoption of Act No. 100 of 23 December 1993 establishing an integrated social security system, of Decree No. 1298 of 22 June 1994 enacting the organic status of the general social security system on health as well as various other texts under Act No. 100. The Committee requests the Government to supply in its next report further information on the entry into force of this legislation in regard to sickness insurance and its implementation in practice. It would like, in particular, the Government to provide detailed information for each of the Articles of the Convention in regard to medical care and sickness benefits.

With respect more particularly to Article 2 of the Convention, the Committee hopes that the Government's next report will contain detailed information on the geographical extension of the integrated social security scheme in order to ensure that all workers covered by the Convention benefit from sickness insurance.

[The Government is requested to report in detail in 1997.]

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

In reply to the Committee's previous comments, the Government indicates that the draft social security reform, prepared in accordance with article 48 of the new Constitution, is to be submitted to Congress at its present session. With regard to the agriculture and livestock sector, the Government states that it undertook on Farmers' Day, 19 July 1992, to extend the coverage of the social security scheme to the whole of the national territory.

The Committee notes this information. It also notes from the statistics supplied by the Government that the number of occupational accidents reported in the agriculture and livestock sector was still relatively high in 1990. In these circumstances, and in view of the fact that 60 to 96 per cent of workers in this sector are still not covered by social security, the Committee again expresses the hope that, as part of the social security reform, the Government will be able to take the necessary measures to extend progressively to the whole of the national territory the occupational accident branch of the social security scheme, so as to cover all agricultural workers covered by the Convention. Pending the achievement of this objective, the Committee can but insist once again that the Government take the necessary measures to amend the Labour Code, which sets out lower levels of compensation than those prescribed in the compulsory social security scheme, as regards the duration of both medical assistance and cash benefits.

The Committee hopes that the Government's next report will contain information on the progress made in this respect. It also asks the Government to continue to provide information, including statistics, on the extension of the social security scheme to the rural sector in respect of workmen's compensation.

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

Article 4, paragraph 1, of the Convention. The Committee notes the information supplied by the Government in reply to its previous comments concerning the requirement of a prior period of contribution for medical assistance to be granted whereas such a requirement is not provided for in Article 4, paragraph 1, of the Convention. It recalls that this question is not related to beneficiaries' possible participation in the cost of medical benefit, which is dealt with in paragraph 2 of Article 4. In these circumstances and in view of the relatively short qualifying period (four weeks of contribution) prescribed in section 8 of Decree No. 770 of 30 April 1975 (General Sickness and Maternity Insurance Regulations), the Committee expresses the hope that the Government will have no difficulty in abolishing any prior period of contribution for the grant of medical assistance, for example when the above-mentioned General Sickness and Maternity Insurance Regulations are reviewed. It would be grateful if the Government would provide information on progress made in this respect.

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

See under Convention No. 24, as follows:

Article 4, paragraph 1, of the Convention. The Committee notes the information supplied by the Government in reply to its previous comments concerning the requirement of a prior period of contribution for medical assistance to be granted whereas such a requirement is not provided for in Article 4, paragraph 1, of the Convention. It recalls that this question is not related to beneficiaries' possible participation in the cost of medical benefit, which is dealt with in paragraph 2 of Article 4. In these circumstances and in view of the relatively short qualifying period (four weeks of contribution) prescribed in section 8 of Decree No. 770 of 30 April 1975 (General Sickness and Maternity Insurance Regulations), the Committee expresses the hope that the Government will have no difficulty in abolishing any prior period of contribution for the grant of medical assistance, for example when the above-mentioned General Sickness and Maternity Insurance Regulations are reviewed. It would be grateful if the Government would provide information on progress made in this respect.

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

For a number of years, the Committee has been drawing the Government's attention to the need to amend the Labour Code in order to ensure that, pending the extension of the coverage provided by the social security scheme to the whole of the national territory, all agricultural wage-earners, without exception, benefit from compensation for industrial accidents that is equivalent to the levels established by the social security scheme. In this context, the Committee notes that Act No. 50 of 1990 to reform the Labour Code has not changed the existing situation.

In its report, the Government refers in particular to section 48 of the new Constitution, which encompasses the right to social security, and to interim section No. 57, which provides that a tripartite committee shall be set up in order to make proposals on reforming the social security system within 180 days following the coming into force of the Constitution. According to the information supplied by the Government, it was envisaged that the above tripartite committee, which is chaired by the Minister of Labour and Social Security, should submit a draft reform of the social security system to Congress in December 1991.

The Committee notes this information with interest. It also notes the National Occupational Health Plan 1990-95, which was supplied by the Government with its report. This document shows that in the agricultural and stock-raising sectors, between 60 and 96 per cent of workers are not covered by social security. It therefore hopes that, within the context of the reform of the social security system, the Government will be able to take the necessary measures to progressively extend to the whole of the national territory the branch of the social security scheme concerning the compensation of industrial accidents, so as to cover all employees in the agricultural sector who come within the scope of the Convention. While awaiting the achievement of this objective, the Committee cannot but urge the Government once again to take the necessary measures to amend the Labour Code to the extent that it sets out lower levels of compensation as regards the duration of both medical care and cash benefits, than those fixed by the compulsory social security scheme. It hopes that the Government's next report will contain information on the progress achieved in this respect. The Committee also requests the Government to continue supplying information, including statistical data, on the extension of the industrial accident branch of the social security scheme to the rural sector.

Finally, the Committee once again requests the Government to supply a copy of the social security regulations provided for in section 132 of Decree No. 1650 of 1977.

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

1. For many years, the Committee has been pointing out to the Government the need, until the social security scheme is extended to the whole of the national territory, to amend sections 204, 223(c), 224 and 225 of the Labour Code respecting the compensation of industrial accidents in order to give full effect to the Convention. In this connection, the Committee is bound to note that the reform of the Labour Code, to which the Government referred previously, and which was adopted through Act No. 50 of 1990, has not affected the above sections.

In its report the Government refers to certain provisions of the new Constitution, and in particular to section 48 respecting the right to social security. It also refers to section 53 of the Constitution, under which "international labour Conventions duly ratified are part of domestic legislation", stating its intention to adopt special regulations to give effect to this Convention.

While noting this information, the Committee is bound to urge the Government once again to take the necessary measures to amend the legislation respecting the compensation of industrial accidents in order to bring it into full conformity with the Convention on the following points:

Article 2 of the Convention. The exceptions and limitations concerning the persons and establishments covered under sections 223(c), 224 and 225 of the Labour Code are not authorised by the Convention.

Article 5. Section 204 of the Labour Code and sections 22 and 35 of Decree No. 3135 of 1968, which apply to public servants and public employees, provide for the payment of compensation in a lump sum corresponding to a certain number of months' wages in the event of permanent incapacity (partial or total incapacity or complete disability) and also in the event of death, whereas under this provision of the Convention compensation must, as a rule, be paid in the form of periodical payments and may not be converted into a lump sum unless guarantees of its proper utilisation are provided to the competent authorities.

Article 7. The national legislation does not envisage the provision of additional compensation to victims of industrial accidents whose incapacity is of such a nature as to need the constant help of another person throughout the contingency.

Article 9. Section 204(1) of the Labour Code limits the provision of medical, pharmaceutical, surgical and hospital care to victims of industrial accidents to two years, whereas, according to this provision of the Convention, such assistance shall be provided free of charge throughout the contingency.

Article 10. Section 204(1) of the Labour Code and section 21(b) of Decree No. 1848 of 1969 issuing regulations under Decree No. 3135 of 1968, do not explicitly provide for the compulsory renewal of artificial limbs and surgical appliances to the victims of industrial accidents, which is contrary to this provision of the Convention.

2. With regard to the extension of the social security scheme to the whole of the population and the national territory, the Committee notes the analysis of the situation contained in the National Occupational Health Plan 1990-95, which was supplied by the Government with its report on Convention No. 12. According to this paper, the number of people protected by social security institutions currently represents only 31.2 per cent of the active population, while the percentage of persons who are not protected in certain occupations may be as high as 96 per cent (for example, mining activities; small industrial enterprises; and the construction, transport, commercial and services sectors (with the exception of electricity, gas and water)). With a view to improving the situation and developing the social security system, particularly as regards protection against industrial accidents, the plan envisages a whole series of measures, including the compilation of detailed statistics on industrial accidents. The Committee therefore hopes that these measures will make it possible for the Government to supply with its next report statistical information indicating the number of workers protected by the employment injury benefits branch, whether they are wage-earners, employees or apprentices, and their percentage in relation to all employees (with the exception of the agricultural sector and seafarers) covered by the Convention, in both the public and private sectors. It also requests the Government to continue to supply detailed information on the progress that has been achieved with a view to progressively extending the social security scheme throughout the national territory.

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

With reference to its previous observation, the Committee hopes that the Government will provide detailed information in its next report on progress made in extending social security to more municipalities so that all workers covered by the Convention throughout the national territory are guaranteed the benefits of sickness insurance, in accordance with Article 2 of the Convention.

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

See under Convention No. 24, as follows:

With reference to its previous observation, the Committee hopes that the Government will provide detailed information in its next report on progress made in extending social security to more municipalities so that all workers covered by the Convention throughout the national territory are guaranteed the benefits of sickness insurance, in accordance with Article 2 of the Convention.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes the information supplied by the Government in its report. It notes with interest that by means of Decree No. 0778 of 1987 the schedule of occupational diseases contained in section 201 of the Substantive Labour Code was amended and that the number of occupational diseases recognised as such was thereby raised from 18 to 40. The Committee notes, nevertheless, that item 35 of section 1 of Decree No. 0778, respecting work liable to cause anthrax infection, takes up the literal text of clause VIII, No. 6, of Decision No. 539 of 1 August 1974 of the ICSS, on which the Committee commented some years ago. In effect, the above text does not mention among the types of work liable to cause anthrax infection, as required by the Convention, the operations of "loading and unloading or transport of merchandise" in general which would thereby establish an automatic assumption of the occupational origin of the disease for workers (such as dockers) who are the victims of anthrax infection as a result of transporting or handling merchandise that had previously, without their knowledge, been in contact with infected animal carcasses or parts of such carcasses. The Committee reminds the Government that in 1983 it noted with satisfaction the amendment of Decision No. 539 of 1974 by means of Decision No. 027 of 13 July 1982, section 2 of which mentions, in accordance with the Convention, the above operations among the kinds of work likely to cause anthrax infection.

In these circumstances, the Committee hopes that the Government will take the necessary measures to amend item 35, section 1, of Decree No. 0778, which applies to workers who are not yet covered by the compulsory social security scheme, by adopting a similar provision to section 2 of Decision No. 027 of 13 July 1982.

Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

For some years the Committee has been drawing the Government's attention to the need to amend the Labour Code in order to ensure that, while the coverage provided by the social security scheme is being extended to the whole of the national territory, all agricultural workers, without exception, benefit from compensation for industrial accidents that is equivalent to the levels established by the social security scheme. In its report the Government once again refers to the new basic provisions which lay down the principle of compulsory coverage under the social security scheme, both for the urban and rural populations, and confirms the application of the Labour Code in the meantime to workers residing in areas that are not yet covered by the social security scheme. However, it indicates that each year the Institute of Social Security is extending its protection and is arriving in the most distant regions of the country, despite the geographical obstacles and the problems related to infrastructure, in addition to the problems related to violence that Colombia is experiencing at the present time. The Government stresses that it also hopes to cover the whole of the territory and thereby provide social security for all the inhabitants of the country, as set out in the legislation.

The Committee also notes that, as regards the amendment of the Labour Code, the Government indicates that, as part of its policy to unify social security schemes, in 1987 it issued Decree No. 0776 to amend the schedule for the assessment of incapacity resulting from industrial accidents, which is contained in section 209. This Decree increases the number of categories of injuries that are described from 131 to 388 while broadening the percentage bands and thereby permitting the provision of more adequate compensation through the inclusion in assessment of variables such as age, sex, occupation and other conditions.

The Committee notes this information and the detailed statistical data supplied in the report on Convention No. 17 with interest. It notes, however, that, as the Government itself points out, the rural sector is not in practice covered by the social security scheme. In these circumstances, the Committee is bound to urge once again that since the social security scheme does not cover the whole of the national territory, the Government should amend the Labour Code, which sets out lower levels of compensation, as regards the duration of both medical assistance and cash benefits, than those fixed by the compulsory social security scheme. The Committee also requests the Government to continue supplying information on the extension of the industrial accident branch of the social security to the rural sector and to supply copies of the social security regulations that are envisaged under section 132 of Decree No. 1650 of 1977. [The Government is asked to report in detail for the period ending 30 June 1991.]

Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

1. Article 2 of the Convention. (a) The Committee notes the information supplied by the Government in its report. In particular, it notes with interest the detailed statistical data on the geographical scope, the population, the economic sectors and occupations covered by social security institutions which, according to the Government, demonstrate the progress achieved in extending the social security scheme, despite the problems, particularly of an economic nature, which are affecting the country. The Committee notes, however, that it is not possible from the above information to determine the number of workers protected by the industrial accident branch of the social security scheme nor their percentage in relation to the total number of workmen, employees and apprentices employed in public or private establishments. The Committee requests the Government to provide information indicating the above.

(b) In relation to the amendment of the Labour Code, the Committee notes the adoption of Decree No. 0776 to amend the schedule for the assessment of incapacity to work arising out of industrial accidents that is contained in section 209. It regrets to note, however, that no indication is given as regards the elimination from the above Code of the exceptions and limitations set out in sections 223(c), 224 and 225, which are not envisaged by the Convention. In these circumstances, the Committee is bound once again to express the hope that, as the social security scheme does not cover the whole of the national territory, the Government will amend the Labour Code as indicated.

2. In reply to the observations that the Committee has been making for some years concerning Articles 5, 7, 9 and 10 of the Convention, the Government confines itself to indicating that these will be submitted for examination by the National Labour Council, which is to meet in the second half of November this year, and more specifically to the Special Commission to Reform the Colombian Labour System, so that it can examine and analyse the feasibility of amending section 204 of the Labour Code. In these circumstances, the Committee is bound to reiterate its previous comments that were set out as follows:

Article 5. In its earlier comments, the Committee pointed out to the Government that the payment of compensation in a lump sum, corresponding to a certain number of months' wages in the event of partial or total permanent incapacity or complete disability and also in the event of death (section 204(2) of the Labour Code and sections 22, 23 and 35 of Decree No. 3135 of 1968), is not in conformity with the Convention, under which this compensation must, as a rule, be paid in the form of periodical payments. Although the Convention does not fix the amount of compensation (which may correspond only to a certain percentage of the wage), it provides that compensation shall be paid throughout the contingency and allows these periodical payments to be converted into a lump sum if the competent authority is satisfied that it will be properly used. The Committee is therefore bound once again to urge the Government of the need to amend, for the above reasons, section 204(2) of the Labour Code and sections 22, 23 and 35 of Decree No. 3135 of 1968.

Article 7. The Committee noted the Government's intention to carry out a full and realistic prior study of the financial capacity of the Institute and the employers to assume the payment of the additional compensation due to incapacitated injured workmen who must have the constant help of another person, as laid down by this provision of the Convention. The Committee once again hopes that this study will lead to the early adoption of a provision prescribing the payment of this compensation and asks the Government to inform it of any progress made in this connection.

Article 9. The Committee has drawn the Government's attention to the fact that, under this provision of the Convention, medical, surgical, pharmaceutical and hospital aid must be granted free of charge throughout the contingency, which is contrary to the provisions of section 204(1) of the Labour Code, which restricts the provision of this aid to two years. The Committee therefore once again hopes that, pending the extension of the social security scheme to the whole national territory, the Government will amend this provision of the Labour Code as indicated.

Article 10. The Committee noted that a proposal was to be made to the Social Security Institute to study the possibility of introducing the compulsory renewal of artificial limbs and surgical appliances in conformity with this provision of the Convention. It therefore once again expresses the hope that the Government will take the necessary measures in the near future to amend both section 204(2) of the Labour Code and section 21(b) of Decree No. 1848 of 1969, issued under Decree No. 3135 of 1968.

TEXT

The Committee hopes that the Government will be able to indicate the progress achieved in this respect in its next report and that it will continue to supply information on the extension of the social security scheme and, in particular, of the industrial accident branch, if possible, as indicated under point I. [The Government is asked to report in detail for the period ending 30 June 1991.]

Direct Request (CEACR) - adopted 1987, published 74th ILC session (1987)

Article 4, paragraph 1, of the Convention. The Committee takes note of the Government's reply to its previous comments in which it states that it will examine with the Social Insurance Institute and employers and workers, ways in which it would be possible to abolish the prior period of contribution of four weeks from which the provision of assistance and cash benefits to the worker is conditional.

The Committee notes the above information with interest and hopes that the examination of the point in question will result in the abolition of the four-week qualifying period, prescribed in section 8 of Decree No. 770 of 30 April 1975 (General Sickness and Maternity Insurance Regulations), which is contrary to Article 4, paragraph 1, of the Convention, which does not authorise any qualifying period for the provision of medical assistance.

Direct Request (CEACR) - adopted 1987, published 74th ILC session (1987)

See Convention No. 24, as follows:

Article 4, paragraph 1, of the Convention. The Committee takes note of the Government's reply to its previous comments in which it states that it will examine with the Social Insurance Institute and employers and workers, ways in which it would be possible to abolish the prior period of contribution of four weeks from which the provision of assistance and cash benefits to the worker is conditional.

The Committee notes the above information with interest and hopes that the examination of the point in question will result in the abolition of the four-week qualifying period, prescribed in section 8 of Decree No. 770 of 30 April 1975 (General Sickness and Maternity Insurance Regulations), which is contrary to Article 4, paragraph 1, of the Convention, which does not authorise any qualifying period for the provision of medical assistance.

Observation (CEACR) - adopted 1987, published 74th ILC session (1987)

The Committee notes the information supplied by the Government in its report, and the information contained in the report of the activities of the Social Insurance Institute (ISS) for 1982-86, and contained in the document "Social Security in Colombia" published by the National Health Institute, which gives a wide-ranging and systematic analysis of the population covered by social security in general and by the ISS in particular. The Committee notes with interest that, according to the Government's indications, both social security coverage for categories of the workforce according to branches of economic activity and geographical coverage have been greatly increased and that the number of municipalities benefiting from coverage is continually rising. The Committee hopes that progress will continue to be made in this direction and requests the Government to supply information in its next report concerning the steps taken in this respect.

Observation (CEACR) - adopted 1987, published 74th ILC session (1987)

See under Convention No. 24, as follows:

The Committee notes the information supplied by the Government in its report, and the information contained in the report of the activities of the Social Insurance Institute (ISS) for 1982-86, and contained in the document "Social Security in Colombia" published by the National Health Institute, which gives a wide-ranging and systematic analysis of the population covered by social security in general and by the ISS in particular. The Committee notes with interest that, according to the Government's indications, both social security coverage for categories of the workforce according to branches of economic activity and geographical coverage have been greatly increased and that the number of municipalities benefiting from coverage is continually rising. The Committee hopes that progress will continue to be made in this direction and requests the Government to supply information in its next report concerning the steps taken in this respect.