Demande directe (CEACR) - adoptée 1997, publiée 86ème session CIT (1998)

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.