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

The Committee has examined the first report of the Government and would like to receive additional information on the following points:

1. Part III (Sickness benefit), Article 16; Part IV (Unemployment benefit), Article 22; Part V (Old-age benefit), Article 28; Part X (Survivors' benefit), Article 62 (in conjunction with Article 65 or Article 66) of the Convention. The Committee would be grateful if the Government would supply in its next report, as requested in the report form on the Convention adopted by the Governing Body, the statistical information for each of the above-mentioned benefits in the manner set out by the report form in the corresponding Titles of Article 65 or Article 66 of the Convention, depending on which Article is selected for the purpose of the calculation of the amount of the benefit in question. Please also indicate the manner in which the previous earnings of the insured person, taken into account for the purpose of the calculation of the level of the benefit, are adjusted in practice to take account of inflation.

2. Part III (Sickness benefit), Article 18, paragraph 1. The Committee notes that section 29 of the Act of 12 February 1992 on health care and health insurance sets out a waiting period of 30 working days for the payment of sickness benefit, whereas the Convention permits not to pay the benefit only for the first three days of suspension of earnings. It further notes, from the Government's report, that under collective agreements made under the Labour Relations Act, the payment of benefit during the waiting period is generally ensured by the employer. The Committee therefore asks the Government to supply examples of the relevant provisions of the collective agreements in force and to indicate the provisions of the legislation which ensure that the benefit actually is paid by the employers until it is assumed by compulsory insurance even in the absence of such collective agreements.

3. Part IV (Unemployment benefit), Article 20 (in conjunction with Article 69). The Committee notes that sections 16, 19 and 32 of the Act on employment and unemployment insurance lists grounds and criteria on the basis of which an insured person might not be recognized as unemployed, be refused unemployment benefit, or lose his right to such benefit. As some of these provisions may go beyond of what is permitted by the Convention, the Committee would like the Government to provide in its next report detailed information and explanations on the following points:

(a) According to section 16 of the Act, an insured person will not be regarded as unemployed in case he is an owner or co-owner of an enterprise, or owns, rents or uses land, forests, etc., if this permits him to get income on which he can live, provided that the annual income is not less than the guaranteed unemployment benefit. Please indicate whether this provision applies only to persons who are effectively working in their enterprises or on the land they own or use.

(b) Please explain the exact scope and practical application of clauses 1, 2, 6 to 9, and 11 of section 19 of the Act.

(c) Please supply detailed information on the nature of the breaches of discipline, acts of misconduct and gross negligence that can lead to cessation of employment relations and involve withdrawal of unemployment benefit under clauses 10, 13 and 14 of said section 19 of the Act, taking into account that Article 69(f) of the Convention authorizes suspension of benefit only in case the contingency has been caused by the wilful misconduct of the person concerned.

(d) Section 32 of the Act, which lists grounds for the loss of right to unemployment benefit, provides, in particular, that the criteria to be applied in cases mentioned in clauses 4, 6, 8 and 10 are to be determined by the competent authority. Please supply the rules in question and further information on the content and the practical application of said clauses as well as of the provisions contained in clauses 5 and 7 of this section.

(e) With regard to clause 11 of said section 32, which establishes maximum age-limits for receipt of unemployment benefit equivalent to the prescribed age of retirement, the Committee wishes to point out that the Convention does not authorize setting any age-limits with respect to unemployment benefit but permits to suspend it as long as the person concerned is in receipt of another social security benefit, including old-age pension. As such ground for suspension provided for by the Convention is already made use of in clause 3 of section 32 of the Act, the Committee asks the Government to consider measures aimed at deleting clause 11 of section 32, in order to bring the national legislation into fuller conformity with the Convention on this point.

4. Part IV (Unemployment benefit), in conjunction with Article 70. Please indicate how this Article of the Convention, which provides for a right of appeal in case of refusal of benefit, is applied with respect to unemployment benefit.