CMNT_TITLE

Employment Injury Benefits Convention, 1964 [Schedule I amended in 1980] (No. 121) - Slovenia (RATIFICATION: 1992)

Other comments on C121

Observation

Direct Request

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Articles 13 (temporary incapacity benefit), 14 (permanent incapacity benefit) and 18 (survivors’ benefit) of the Convention (in conjunction with Article 19). With reference to its previous comments, the Committee notes the statistical information provided by the Government in its report in 2011 under Convention No. 102 and, in 2012, for the present Convention, relating to the method of calculation of benefits provided in the event of employment injury resulting in temporary incapacity for work, permanent loss of earnings capacity or the loss of the family breadwinner (survivors’ benefit). The Committee notes that, to assess the replacement rate obtained in relation to benefits in the event of total loss of earnings capacity resulting from employment injury, the Government’s report indicates a ratio, respectively, of 41.56 per cent for 2010 and 43.09 per cent for 2009, which is lower than the rate of 60 per cent required by the Convention. The Committee nevertheless observes that, to achieve this result, the Government’s report compares the net benefit, supplemented by family allowances, with the gross wage, also supplemented by family allowances. The Committee invites the Government to make the calculations on the basis of either net amounts or gross amounts. The Committee recalls in this respect that, when the benefit paid is not subject to social contributions, it should be compared to previous net earnings for the purposes of calculating the replacement rate.

Article 19(10). Minimum amount of periodical payments. The Committee would be grateful if the Government would indicate whether, in accordance with this provision of the Convention, a minimum amount has been prescribed for periodical payments and if it would specify this minimum amount for each category of benefits provided for by the Convention.

Article 22. Reasons for the suspension or reduction of benefits. Under the terms of Article 93 of the Pension and Invalidity Insurance Act (PDIA), an insured person afflicted with invalidity of category III shall be, if she or he is no longer capable of working full-time or without occupational rehabilitation, or an insured person afflicted with invalidity of category II who has reached the age of 50 years and has residual capacity to work, is entitled to combine part-time work and a partial invalidity pension. This pension may be increased by 40 per cent if the insured person has lost his job through no fault of his own and not of his own will, or it may be reduced by 30 per cent if the insured person has terminated his employment at his own will and through his own fault. As these reasons for reducing employment injury benefit for partial invalidity are not envisaged in the Convention, the Committee requests the Government to indicate whether the partial invalidity pension envisaged under Article 93 of the PDIA is provided in addition to the invalidity pension received by insured persons in the event of invalidity of category II or III.

Article 8. List of occupational diseases. The Committee notes that the Government’s report does not contain information relating to the issue of the planned review of the list of occupational diseases of 1983 with a view to its harmonization with European law. The Committee once again requests the Government to provide the necessary information in this respect and hopes that the new list will also be in compliance with the list of occupational diseases contained in Schedule I to the Convention, in particular with regard to the list of types of work involving exposure to the risks concerned mentioned in items 1–12 and 15 of Schedule I, and that the Government will supply a copy when it has been adopted.