Demande directe (CEACR) - adoptée 2000, publiée 89ème session CIT (2001)

The Committee takes note of the information supplied by the Government in its report. It also notes the consolidated text of the Disablement Benefit Act (WAO), the "Evaluation Decree" issued under section 18 of the WAO which determines the capacity and fitness for work of persons with disabilities, and the General Surviving Relatives Act (ANW). The Committee also notes the explanations concerning the invalidity and survivors’ insurance systems given in a number of publications of the Social Insurance Institute.

The Committee would like to receive further information on the following points.

Article 9(3) in conjunction with Articles 1(e), 6(d) and 18 of the Convention.  The Committee notes that, under section 24(2) of the ANW, the surviving spouse’s entitlement to a half-orphan’s pension expires when he/she reaches the age of 65. The Committee asks the Government to indicate how, in such cases, effect is given to Article 9(3)in respect of children of the insured person who have not yet reached the age set in Article 1(e) of the Convention.

Article 13.  The Committee recalls that as from 1 March 1996 the Civil Code as amended by the Act of 8 February 1996 requires employers to pay their employees part of their wage in the event of sickness (70 per cent of their wage or the minimum wage if this is higher), for a period of no more than 52 weeks. The Sickness Benefits Act (ZW) continues to exist as a safety net in a limited number of cases, in particular in the event of the employer’s bankruptcy. The Committee recalls that under Article 25 of the Convention the State must accept general responsibility for the due provision of the benefits provided and take all measures required for the purpose. This means that effective supervisory measures must be taken to ensure the entitlement of protected persons against all risks of abuse or of failure of the system. The Committee would like the Government to provide information in its next report on how the system introduced in 1996 is supervised, including statistics on the number of inspection visits, the number of infringements registered and the action taken including the sanctions imposed.

Article 14.  The Committee notes that as from 1 January 1998 employers are entirely responsible for financing employees’ disability benefit. Employers pay a compulsory basic contribution and a "differentiated contribution" the amount of which varies according to the number of employees in the enterprise claiming disability benefit. The purpose of this system is to encourage employers to prevent and cut down sickness and invalidity leave in the enterprise. The differentiated contribution is not compulsory, however, as employers may opt to cover the risk themselves for five years by taking out private insurance or producing a guarantee certificate from a credit institution or insurance company. The Committee asks the Government to provide information on the practical application of the reform introduced in 1998, indicating the extent to which employers have in practice opted to be directly liable for the cost of invalidity benefits for the first five years.

Articles 19 and/or 20.  The Committee notes the statistics provided by the Government on the rate of temporary disability, permanent disability and survivors’ benefits. It recalls that according to Articles 19(2) and 20(2) the reference wage, the benefit and family allowances must be calculated on the same time basis. Whereas the time basis pertaining to the statistics on the reference wage and the amount of benefits is one month, it would appear that the time basis used in the statistics on family allowances is three months. The Committee therefore hopes that the Government’s next report will take due account of the prescriptions of the Convention on this point. Please also indicate whether the holiday allowance which is added to the invalidity and survivors’ benefits is also paid during employment and, if so, specify its amount.

Article 21(1).  The Committee notes the information supplied by the Government to the effect that for the period from 1 July 1994 to 1 July 1997 the cost-of-living index increased by 5.3 per cent and wages by 5.8 per cent, whereas benefits rose by only 3.7 per cent under the WKA adjustment system. The Committee notes with interest in this connection the Government’s statement in its report that normal indexation of benefits has been re-established as from 1 January 1996. The Committee hopes that the Government will continue to ensure that benefits are reviewed in the future, in accordance with the provisions of Article 21(1) of the Convention. It therefore asks the Government to provide all the necessary statistical information in this respect, as requested in the report form under this Article of the Convention.