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

The Committee notes the reports on the application of the Convention submitted by the Governments of the Republic of Serbia and the Republic of Montenegro.

Republic of Serbia 

The Committee notes that the report from the Government of Serbia contains extensive information on the application of the Articles of the Convention, but does not answer many of the specific questions contained in the report form on the Convention adopted by the Governing Body of the ILO. Neither does it contain the statistical information required to assess the scope of coverage and the level of the benefits provided under the national legislation. The Committee finds in particular that it has insufficient information to assess the application of Articles 8, 10, 11, 14 (paragraphs 4 and 5), 15, 17, 21 and 26 of the Convention. As regards the calculation of the replacement level of the benefits, the Government is asked to indicate whether maximum and minimum amounts of cash benefits or of the insured earnings are fixed in its legislation and whether it wishes to have recourse to Article 19 or 20 of the Convention. Please specify also the amount of any family allowance received by the standard beneficiary in addition to his wage or benefit. Finally, the Committee wishes to refer to the direct request concerning the application of Convention No. 102, which draws the Government’s attention to the possibility of having recourse to the technical assistance and training offered by the ILO.

Republic of Montenegro 

The Committee notes that the report from the Government of Montenegro does not contain any information on the application of Articles 10, 11, 13, 15, 16, 19, 20, 21 and 26 of the Convention. The information concerning the application of other Articles is often insufficient due to the fact that the report does not answer many of the specific questions contained in the report form on the Convention adopted by the Governing Body of the ILO. In particular, there is no statistical information required to assess the scope of coverage and the level of the benefits provided under the national legislation. The national legislation cited in the report as giving effect to the provisions of the Convention, that is the Constitution of the Republic of Montenegro and the Act on Pension and Invalidity Insurance of 2003, is not available to the Committee, which would also like to know whether the national legislation contains a list of occupational diseases giving effect to Article 8 of the Convention, as well as provisions ensuring the types of medical care and rehabilitation services specified in Articles 10 and 26, respectively. The Committee hopes that the Government’s next report will include all the above elements of information necessary to enable the Committee to form a clear picture of the legal framework implementing the Convention in the Republic of Montenegro. Meanwhile, the Committee wishes to refer to the direct request concerning the application of Convention No. 102, which draws the Government’s attention to the possibility of having recourse to the technical assistance and training offered by the ILO.