Demande directe (CEACR) - adoptée 1996, publiée 85ème session CIT (1997)

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.