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

The Committee notes the Government's first report and the legislative texts appended to the report. The Committee requests the Government to provide additional information on the following points.

Article 4, paragraphs 2 and 3, of the Convention. The Committee notes the statement in the Government's report to the effect that persons who are covered by a foreign country's state old-age and survivors' pension scheme are excluded among others from the scope of the Convention. Since these workers do not appear to be excluded from the Federal Act respecting debt recovery and bankruptcy (LP) which gives effect to Part II of the Convention, the Committee requests the Government to specify whether these workers are only excluded from Part III or from both Parts II and III of the Convention.

Article 6(b). The Committee notes that section 219(4)(a) of the above Act (LP) protects the claims of the worker, including claims respecting holiday pay, due as a result of work performed only in the six months preceding the filing of the bankruptcy petition. Consequently, the Committee requests the Government to indicate the measures adopted or envisaged to extend this period to the year in which the insolvency or the termination of the employment occurred, as well as the preceding year.

Article 6(d). The Committee notes that under section 219(4)(a) of the above Act (LP) concerning claims resulting from the anticipated termination of the employment contract, protection is limited to termination of the employment contract as a consequence of the employer's insolvency. The Committee requests the Government to indicate the measures adopted or envisaged to protect claims resulting from termination of employment, even where termination of employment occurred prior to the insolvency.

Article 8. The Committee notes that the explanation contained in the Government's report, which refers to five ranks of claims, does not correspond with the texts of the version appended to the report of section 219(4) of the Act (LP), which stipulates three ranks of claims. The Committee requests the Government to clarify this point and to state whether the claims of the State and of the social security are still given a lower rank of privilege than those of workers or whether other legislation exists which guarantees their privilege.

Article 10. The Committee would be grateful to the Government to provide information with regard to the progress made in revising the Federal Act respecting compulsory unemployment insurance and indemnity in the case of insolvency (LACI), to strengthen the measures to prevent abuse as well as the consultations held with the employers' and workers' organizations in this regard.

Article 12(b), (c) and (d). The Committee notes that, under section 52 of the Federal Act (LACI), indemnity in the event of insolvency covers wage claims for the last six months of employment and that benefits due to workers are considered to be an integral part of the wage. The Committee requests the Government to indicate whether claims in respect of holiday pay (Article 12(b)), amounts due in respect of other types of paid absence (Article 12(c)) and severance pay (Article 12(d)) are guaranteed within the meaning of wage as laid down in these provisions. The Committee requests the Government to provide further information on this point and to transmit copies of the relevant legislative provisions or jurisprudence.