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The Committee notes the information provided by the Government in its report for the period 1994-96, which was received too late to be considered in last year's meeting, and, in particular, that concerning the application of Part XIII (Common provisions), Article 69(i), of the Convention. As regards the questions raised in its direct request of 1996, the Committee notes that the Government's report reproduces the information contained in its third report on the application of the European Code of Social Security. As this information was already fully taken into account by the Committee, it would like the Government to refer to its previous comments and hopes that its next report would contain additional information on the following points.
Part III (Sickness benefit), Article 18 of the Convention. Recalling the Government's statement that in the overwhelming majority of cases claimants can receive sickness benefit for 26 weeks, the Committee would like the Government to indicate measures taken or contemplated to bring the national legislation into full conformity with Article 18 of the Convention, so as to ensure that all protected persons who meet the minimum conditions of entitlement stipulated in section 32 and the third schedule of the Social Insurance Law shall be guaranteed sickness benefit for a minimum of 26 weeks in each case of illness.
Part XIII (Common provisions), Article 69(f), in relation to Part IV (Unemployment benefit). The Committee recalls that certain cases of suspension of unemployment benefit if the worker has lost his employment through his own fault, mentioned by the Government under section 35(2)(a) of the Social Insurance Law, such as unsatisfactory performance of duties or negligence in the execution of duties resulting in damage to the employer, may go beyond the limits set in Article 69(f) of the Convention, which permit the suspension of unemployment benefit only in case of wilful misconduct of the person concerned. Therefore, it hopes that in its next report the Government will not fail to indicate measures taken or contemplated to ensure that in practice benefit is suspended only in cases of wilful misconduct, in accordance with this provision of the Convention.
The Committee notes that no report has been received from the Government concerning the Convention. However, based on the information contained in the Government's third report for the European Code of Social Security, it would like to draw the attention of the Government on the following points.
Part III (Sickness benefit), Article 18 of the Convention. The Government recalls in its report that section 32 and the Third Schedule of the Social Insurance Laws provide that a person is entitled to sickness benefit if he has paid contributions on insurable earnings at least equal to 26 times the weekly basic insurable earnings and in the previous contribution year he has paid or has been credited with contributions on insurable earnings at least equal to 20 times the weekly basic insurable earnings. It adds that a person who satisfies the minimum contribution conditions mentioned above becomes entitled to sickness benefit for a period of 78 days or 13 weeks, and for each additional week during which he has paid contributions at least equal to the weekly basic insurable earnings, he becomes entitled to an extra day's benefit, up to a maximum of 156 days. In cases where the incapacity for work continues beyond 26 weeks and the person satisfies the contribution requirements for invalidity pension, the duration of benefit is extended from six months to a year. The Government further points out that for eligibility to sickness benefit an actual insurance period of six months is not required; what is needed is the payment of contributions corresponding to 26 times the weekly basic insurable earnings. According to the Government, under these circumstances the overwhelming majority of claimants receive 26 weeks of benefit, and those who are not eligible are generally young workers who tend not to have long-term illnesses.
The Committee notes this information with interest. It recalls that under Article 18 of the Convention all protected persons who meet the minimum contribution conditions provided under Article 17 shall be guaranteed sickness benefit for a minimum of 26 weeks in each case of illness. In view of the Government's statement that in the overwhelming majority of cases claimants receive benefit for 26 weeks, the Committee asks the Government to indicate what steps are being taken or contemplated to bring the national legislation into full conformity with Article 18.
Part XII (Common provisions), Article 69(f) in relation to Part IV (Unemployment benefit). In its previous conclusions, the Committee raised the question of the application of section 35(2)(a) of the Social Insurance Law, regarding suspension of unemployment benefit if the worker has lost his employment through his own fault. In its report, the Government states that the provision relating to disqualification due to fault of the insured person is applied cautiously and after thorough examination of each case; in practice, upon receipt of a claim for unemployment benefit a questionnaire is sent to the employer asking about the reason for termination of employment. If the employer alleges that the employee was in any way at fault, the employee is given an opportunity to rebut the allegation. If the employee is found guilty of fault the adjudication officer imposes the penalty of disqualification for such period so as not to cause undue hardship.
The Committee notes this information. It points out that certain cases mentioned by the Government involving fault of the claimant, such as unsatisfactory performance of duties or negligence in the execution of duties resulting in damage to the employer, may go beyond the limits set in Article 68(f) which permits the suspension of unemployment benefit only in case of wilful misconduct of the person concerned. Therefore, it asks the Government to indicate what measures are being taken or contemplated to insure that in practice the adjudication officer suspends benefit only in cases of wilful misconduct, in accordance with this provision of the Convention.
The Committee notes the information supplied by the Government in its first and second reports. It requests the Government to provide further information on the following points:
Part III (Sickness benefit), Article 18, paragraph 1, of the Convention. The Committee notes from the information provided by the Government that under the terms of section 32(2)(b) of the Social Insurance Law of 1980, as amended, a person who has completed a minimum qualifying period of 26 weeks is entitled to sickness benefit for 78 days, with an additional day of benefit for each additional week of contributions. The Committee recalls that, in accordance with Article 18, paragraph 1, of the Convention, sickness benefit shall be granted throughout the contingency, except that the benefit may be limited to 26 weeks in each case of sickness. The Committee requests the Government to indicate the measures which have been taken or are envisaged to ensure that all protected workers who meet the requirement of the minimum qualifying period are entitled to sickness benefit for at least 26 weeks of incapacity.
Part XIII (Common provisions), Article 69(f), in relation with Part III (Sickness benefit), Article 18, and Part IV (Unemployment benefit), Article 24. The Committee notes that section 34(a) of the Social Insurance Law provides that a person shall be disqualified for receiving sickness benefit for a period not exceeding six weeks if he has become incapable of work through his own fault and that section 35(2)(a) provides for a similar suspension of unemployment benefit if the worker has lost his employment through his own fault. The Committee requests the Government to supply information on the effect given in practice to these two provisions, with an indication in particular of the scope of the concept of "fault" as regards the suspension of sickness and unemployment benefit, taking into account the fact that under the terms of Article 69(f) of the Convention, the benefit may only be suspended where the contingency has been caused by the wilful misconduct of the person concerned.
Part XIII (Common provisions), Article 69(i). Section 35(1) of the Social Insurance Law provides that the suspension of the unemployment benefit for a person who has lost his employment by reason of a stoppage of work which was due to a trade dispute, shall not apply in the case of a person who proves (a) that he is not participating in or financing or directly interested in the trade dispute which caused the stoppage of work and (b) that he does not belong to a grade or class of workers of which immediately before the stoppage began, there were members employed at his place of employment and any of whom are participating in or financing or directly interested in the stoppage of work. The Committee recalls that, in accordance with Article 69(i) of the Convention, unemployment benefit may only be suspended where the person concerned has lost his employment as a direct result of a stoppage of work due to a trade dispute. The Committee requests the Government to supply information on the effect given in practice to section 35(1) of the Social Insurance Law, and particularly to subsection (b).