Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

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).