Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

In reply to the Committee’s previous comments, the Government refers to its report of August 2009, which provides information on Law 18.395 of 24 October 2008 concerning flexible retirement. The Committee however has not found in the text of the report any reply to the questions it has raised in its previous observation and direct request of 2008. In view of the fact that the Government’s next report on the Convention due in 2011 will be a detailed report providing information on the application of each article of the Convention in accordance with the report form adopted by the Governing Body, the Committee trusts that the Government would make an effort to assess the impact of the abovementioned law, as well as other new legislation, on compliance with the relevant provisions of the Convention, and that it would not fail to reply in detail to the following points raised in the Committee’s previous direct request.

Benefit rates. Articles 10, 17 and 23 of the Convention. The Committee hopes that the Government will supply the information requested under Article 27 of the Convention, indicating in particular: (i) the amount of the wage of an ordinary adult male labourer (chosen in conformity with paragraph 4 or 5 of this Article); (ii) the amount of the minimum benefit paid to the standard beneficiary for each of the three contingencies referred to above.

Old-age benefit. Part V of the report form. (a) Benefit rates. 
Article 18(1)(a). The Committee draws the Government’s attention to the fact that the amount required by the Convention for the purposes of the calculation provided for by Part V of the report form is, in the case of a standard beneficiary (man with wife of pensionable age), 45 per cent of the earnings taken as the basis, at least after the completion of a maximum qualifying period provided for by Article 18(1) (in principle, 30 years of contribution or employment). The percentage indicated should therefore be achieved in the case of a person aged 65 years who had completed 30 years of contribution or employment.

(b) Reduced old-aged benefit after 15 years of contribution or employment. Article 18(2)(a). In its previous comments, the Committee requested the Government to indicate whether, in accordance with this provision of the Convention, reduced old-age benefits are paid to persons who have reached the age which gives entitlement to the ordinary retirement pension (60 years for men and 55 for women), but have not completed the period of service prescribed by section 35(a) of Constitutional Decree No. 9 of 1979. In its report, the Government refers once again to the pension for the elderly provided for in section 35(d), under which beneficiaries become entitled to this benefit at a higher age (70 years for men and 65 for women) than that of the ordinary retirement pension, after accumulating a minimum of 15 years of service. The Committee therefore can only but request the Government again to indicate the measures taken or envisaged to guarantee a reduced old-age benefit to persons who have reached the age which gives entitlement to the ordinary retirement pension and who have accumulated 15 years of contributions or employment.

Rehabilitation and placement services for persons with disabilities. Article 13. The Committee once again requests the Government to indicate the measures taken and the results achieved with a view to providing in practice vocational rehabilitation services and facilitating the placement of workers with disabilities.