Demande directe (CEACR) - adoptée 2011, publiée 101ème session CIT (2012)

Convention (n° 102) concernant la sécurité sociale (norme minimum), 1952 - Grèce (Ratification: 1955)

Autre commentaire sur C102

Observation

Demande directe

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Notwithstanding the fact that the detailed report of the Government on the Convention due in 2011 has not been received, the Committee notes that the 29th annual report (2011) of Greece on the application of the European Code of Social Security, being a detailed report, contains all the information requested in the report form on the Convention. Having examined this report, the Committee would like the Government to provide information on the application of the following provisions of the Convention:

Part III (Sickness benefit), Article 17 of the Convention. The length of the qualifying period. According to the report, the insured persons are entitled to sickness benefit in cash granted by IKA–ETAM after the completion of at least 120 days of insurance during the calendar year preceding the sickness notification, or during the 15-months period preceding the notification, without counting the working days realized during the last calendar trimester of the 15-month period. Taking into account that Article 17 of the Convention limits the purpose of the qualifying period to precluding abuse of benefit, the Committee would like the Government to explain the reasons which have led to the establishment of such a lengthy qualifying period, and to indicate whether these reasons still persist at present.

Article 18(1). Duration of benefit. According to the report, upon completion of the qualifying period mentioned above, the sickness benefit is granted for the maximum duration of 182 days for the same disease or for different diseases during the same calendar year. In comparison, Article 18(1) of the Convention permits to limit the duration of benefit to 182 days in each case of sickness. The Committee therefore asks the Government to explain how the continuous payment of sickness benefit is ensured to a person protected who, in the same calendar year, has contracted two or three different diseases, which resulted in the period of incapacity for work longer than 182 days.

Part VI (Employment injury benefit), Article 38. Waiting period. The report states that the subsidy of the insured person begins from the date of notification of the employment injury to IKA–ETAM. The waiting period for notifying the employment injury is five working days following the accident; in special cases the notice period can be extended. The Committee would like the Government to assess to what extent these provisions give effect to Article 38 of the Convention, according to which cash benefit for incapacity for work shall be granted throughout the contingency starting from the first day of incapacity, subject to the waiting period of not more than three days.

[The Government is asked to reply in detail to the present comments in 2012.]