Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

With reference to its observation, the Committee notes with regret that the Government's report received in March 1999 is nothing more than an exact copy of the report already provided in November 1996. Nevertheless, it still hopes that the next government report, requested for examination at the next session of the Committee, will contain the information requested in its previous direct request, which read as follows:

Part V of the Convention (Old-age benefit), Article 28 (in conjunction with Articles 65 and 66). In its previous comments, the Committee requested the Government to specify the method used to calculate average monthly earnings in practice (provided for in section 54(1) of Act No. 67-039 (1967) and in section 77(2) of Decree No. 464 (1967)), which serves as a basis for determining the monthly amount of old-age pension, in particular in a situation where a beneficiary, although registered within the insurance scheme for at least 36 months, had not paid contributions for certain periods during the three to five years immediately preceding the date of pension eligibility. In response, the Government states that, in order to calculate average monthly earning in practice, consideration is given to previous more favourable periods in the interest of the person insured. The Committee notes this information with interest. It requests the Government to provide with its next report the texts of the circulars, instructions or other administrative provisions on which this practice is based. It also hopes that the Government will be able to illustrate this method of operating, where possible, with practical examples.

Part VI (Employment injury benefit), Articles 34 and 36. Further to its previous comments, the Committee notes with interest the confirmation by the Government of the entry into force of Order No. 307 to amend certain sections of Order No. 464/MST of 4 September 1967. It would be grateful if the Government would indicate the exact date of its entry into force and provide a copy of the text adopted, as it was published in the Official Journal, given that the copy attached to the report contained the heading "draft order".

Part XI (Standards to be complied with by periodical payments), Article 65, paragraph 10 (review of long-term benefits). In response to the previous comments made by the Committee, the Government indicates that minimum pensions were reviewed in January 1992 following substantial changes in the cost of living and an increase in the guaranteed minimum wage. While taking account of this information, the Committee wishes once again to draw the Government's attention to the fact that, according to this provision of the Convention, all current periodical payments -- and not only minimum pensions -- in respect of old age, employment injury (except in case of incapacity to work), invalidity and death of breadwinner, shall be reviewed following substantial changes in the general level of earnings where these result from substantial changes in the cost of living. In addition, the Committee remains concerned by the irregular nature and insufficient frequency of the reviews conducted, the late of which date from 1975 and 1985 respectively. In the situation, the Committee can only express once again the hope that the Government's next report will provide details of the measures taken to ensure that all long-term benefits are reviewed on a more regular basis, and that it will also contain all the information required in the report form adopted by the Governing Body under Title VI for Article 65 (changes in the cost-of-living index, index of earnings and amount of benefits for the same period of reference).

Part XIV (Miscellaneous provisions), Article 76. The Committee notes the statement made by the Government according to which, although the statistics requested are not currently available, it will endeavour to provide this information as soon as it is available. Consequently, the Committee trusts that the Government will do its utmost to be able to provide, in its next report, all the statistics required in the report form under Article 76, Title I, regarding the field of application (number of employees actually covered by the general social security scheme and by special schemes, and if the percentage is in relation to the total number of employees in the country) together with, in relation to the amount of benefits, the statistics required on the one hand under Article 44 and, on the other hand, under Article 65 or 66, depending on which of the two Articles of the Convention is invoked.

The Committee wishes to draw the Government's attention to the possibility of enlisting the ILO's technical assistance.

[The Government is asked to report in detail in 2000.]