Demande directe (CEACR) - adoptée 2005, publiée 95ème session CIT (2006)

The Committee notes the first reports on the application of the Convention submitted by the Governments of the Republics of Serbia and Montenegro. Taking into account the complexity involved in compiling this information for the first time, in the manner requested by the report form for each of the seven different branches of social security accepted by the Republic of Serbia and Montenegro, the Committee would like the Government to avail itself of the technical assistance and training offered by the ILO in this respect.

Republic of Serbia

The Committee notes that the report from the Government of the Republic of Serbia contains information on the application of Parts IV to X of the Convention, but does not cover Parts II and III, the obligations of which have also been accepted by the country. No information is given on the provisions of Parts I, XI, XII and XIII, which the country has to comply with by virtue of Article 2 of the Convention. As regards the Government’s reporting obligations, the Committee recalls however that Part VI has ceased to apply as a result of the ratification of Convention No. 121 and Parts VII and IX have not been accepted by the country. It further notes that, in preparing its first report, the Government has not used the report form on the Convention adopted by the Governing Body of the ILO. The legislation referred to in the report, in particular the Law on Social Security and Social Policy of the Republic of Serbia, the Law on Employment and Unemployment Insurance, the General Act on the National Employment Service, the Law on Financial Support for Families with Children, has not been attached. The Committee thus finds itself in the situation where it cannot yet form a clear picture of the legal framework governing the system of social security in the Republic of Serbia. Neither does it have enough statistical information to assess the scope of coverage and the level of the benefits provided by it. It would therefore like to draw the Government’s attention to the requirements of Article 76 of the Convention, which details the legal and statistical information requested under each of the substantive Articles of this instrument, and recalls that this information should be systematized according to the abovementioned report form on the Convention. As regards the calculation of the replacement level of benefits, the Government is asked to indicate, where maximum and minimum amounts of cash benefits or the insured earnings are fixed, whether it wishes to have recourse to Article 65 or 66 of the Convention, as well as to specify the amount of any family allowance received by the standard beneficiary in addition to his wage or benefit. With regard more particularly to the survivors’ benefit, the Committee would like the Government to calculate the replacement level of the benefit on the basis of Article 66 of the Convention and to specify what minimum qualifying period of contribution or employment is required for entitlement to a reduced benefit in accordance with Article 63. Please also provide the statistics on the adjustment of the old-age and survivors’ benefits to the cost of living, as required by Articles 65(10) and 66(8) of the Convention.

Republic of Montenegro

The Committee notes that the report from the Government of the Republic of Montenegro contains information on the application of Parts V, VI, IX and X of the Convention, but does not cover Parts II, III, IV and VIII, the obligations of which have also been accepted by the country. In respect of the former Parts of the Convention, the report states that the application of certain provisions of the Convention is ensured by the Constitution of the Republic of Montenegro and by the Act on Pension and Invalidity Insurance of 2003. No other national legislation is cited in the report as giving effect to the provisions of those or other accepted Parts of the Convention. No information is given on the provisions of Parts I, XI, XII and XIII, which the country has to comply with by virtue of Article 2 of the Convention. As regards the Government’s reporting obligations, the Committee recalls, however, that Part VI has ceased to apply as a result of the ratification of Convention No. 121 and Part IX has not been accepted by the country. It further notes that in preparing its first report, the Government has not used the report form on the Convention adopted by the Governing Body of the ILO. The Committee finds itself in the situation where it cannot yet form a clear picture of the legal framework governing the system of social security in the Republic of Montenegro. Neither does it have enough statistical information to assess the scope of coverage and the level of the benefits provided by it. It would, therefore, like to draw the Government’s attention to the requirements of Article 76 of the Convention, which details the legal and statistical information requested under each of the substantive Articles of this instrument and recalls that this information should be systematized according to the abovementioned report form on the Convention. With regard more particularly to the survivors’ benefit, the Committee would like the Government to calculate the replacement level of the benefit on the basis of Article 66 of the Convention and to specify what minimum qualifying period of contribution or employment is required for the entitlement to a reduced benefit in accordance with Article 63. Please also provide statistics on the adjustment of the survivors’ benefits to the cost of living, as required by Article 66(8) of the Convention.