Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Equality of Treatment (Social Security) Convention, 1962 (No. 118) - Guinea (Ratification: 1967)

Other comments on C118

Observation

Direct Request

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The Committee takes note of the adoption of the new Labour Code (Act No. L/2014/072/CNT of 10 January 2014). It requests the Government to provide all implementing texts of the Code in view of a complete review of the new legislation.

The Committee further notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous comments.

Article 3(1) of the Convention. Request for information on nationality. The Committee notes, under section 57 of the Social Security Code, that when submitting a request for survivor’s benefit, the person submitting the request must declare, inter alia, the nationality of the deceased insured person. Given that a declaration of nationality is not required of beneficiaries when requesting the other types of benefits provided for by the Code, the Committee would be grateful if the Government would clarify the objective of this request for information on the nationality of the deceased insured person to obtain survivor’s benefits.

Article 3(1) (read in conjunction with Article 4(1)). Condition of residence. The Committee notes that under section 4(1) of the Social Security Code, coverage by the general social security scheme is accorded without condition of residence and applies to all workers governed by the Labour Code or those who have an employment contract with an employer concluded on national territory, whatever the place of residence of either party to the contract (sections 1, 3 and 11 of the Labour Code). However, the right to family benefits, including family allowance and daily allowance for women in delivery, is open to all workers carrying out their activity and resident in the Republic of Guinea (sections 93 and 94(1), of the Social Security Code). Moreover, under section 109(2) of the Code, “dependants of the worker as defined under family benefits shall only be covered for health care”; this definition applies only to those residents in the Republic of Guinea. The Committee observes that, as regards branches (a) medical care, (c) maternity benefit and (i) family benefit, these provisions establish a condition of residence which seems to apply equally to nationals and to foreigners. Recalling that, according to Article 4(1) of the Convention, equality of treatment must in principle be accorded without condition of residence, the Committee would be grateful if the Government would clarify the manner in which entitlement to the abovementioned benefits is accorded to foreign workers and their dependants who are covered by the general social security scheme in Guinea but only reside temporarily on its territory.

Articles 7 and 8. Conclusion of social security agreements. In reply to the earlier comments of the Committee, the Government states that completion of draft bilateral social security agreements with certain bordering countries and Morocco depend on the schedules of the main mixed committees in these States. The Committee recalls that, according to the information contained in the Government’s previous reports, negotiations for such agreements had begun, in particular with Mali, Senegal and Côte d’Ivoire (States which have not ratified the Convention). The Committee requests the Government to submit in its next reports information on the progress achieved in concluding new social security agreements with States bound by the Convention – with which there are migratory flows – with a view to participation in a scheme for the maintenance of acquired rights and rights in course of acquisition, in compliance with the provisions of Articles 7 and 8 of the Convention. In addition, the Committee would be grateful if the Government would supply the texts of the following legislation: (1) the special regulations regarding employment of foreign workers provided under section 7 of the Labour Code; (2) the Decree establishing procedures for the application of the Social Security Code to temporary or occasional workers, provided under its section 4(4).