Demande directe (CEACR) - adoptée 2001, publiée 90ème session CIT (2002)

With reference to its previous direct requests, the Committee notes the detailed information provided by the Government in its report, and particularly the information relating to Articles 20, 69(c) and 70, paragraph 1, of the Convention. It also notes the Pensions Act of 1998 in the English translation that the Government provided, supported by detailed explanations and statistics. It wishes to draw the Government’s attention to and/or be provided with further information on the following points.

Part IV (Unemployment benefit), Article 21 of the Convention. The Committee once again asks the Government to provide statistical information on the scope of the Employment Act, as requested in the report form under Title I, Article 76.

Article 22. (a) In reply to the Committee’s previous comments concerning Article 22, paragraph 1, of the Convention, the Government states that the Employment Act provides for the possibility of paying unemployment benefit in a single instalment at the request of the beneficiary, in accordance with section 24 of the Act. A decision (Official Journal, No. 59/90) adopted respecting the payment of the benefit in cash in a single instalment sets out the related conditions. However, the Government adds that up to now the Executive Council of the Employment Service has not approved such payments due to the lack of available resources. The Committee notes this information. It recalls that, in accordance with Article 22, paragraph 1, of the Convention, unemployment benefit shall be a periodical payment. It hopes that the Government will bear these provisions fully in mind when making any decisions on the eventual implementation of Decision No. 59/90 and asks it to indicate any development in this respect in future reports. Please also provide the text of the above decision (Official Journal, No. 59/90).

(b) The Committee once again asks the Government to indicate whether the calculation of unemployment benefit is based on the provisions of Article 65 or Article 66, and to supply the corresponding statistical information requested in the report form under these Articles of the Convention, taking into consideration the fact that a maximum and minimum level are set for unemployment benefit (section 22 of the Employment Act).

Article 69. (a) The Committee once again asks the Government to provide information on the implementation in practice (administrative or judicial decisions, etc.) of section 19(4) of the Employment Act, which provides that an unemployed person whose employment relationship or service was ended by reason of a breach of the employment-related obligations (dismissal related to the misconduct of the employee), or for a serious violation of employment obligations or service duties, shall not be entitled to the cash benefit. The Committee recalls, in this respect that, in accordance with Article 69(f) of the Convention, the suspension of unemployment benefit is only authorized where the contingency has been caused by the wilful misconduct of the person concerned.

(b) The Committee recalls that section 19(3) of the Employment Act provides that an unemployed person is not entitled to unemployment benefit where the employment relationship has been ended because the person concerned has not succeeded in the probation period, with similar provisions applying to trainees. This ground for suspending benefit is not authorized by Article 69 of the Convention and the Committee therefore once again asks the Government to indicate the measures which have been taken or are envisaged to amend the legislation to secure the payment of unemployment benefit to the persons covered by section 19(3) of the Employment Act where they also fulfil the qualifying conditions set out in section 17 of the above Act.

Part V (Old-age benefit) and Part X (Survivors’ benefit). 1. Adjustment of benefits. With reference to its previous comments, the Committee notes with interest the statistical information provided by the Government on fluctuations in the cost of living and the wages index, as well as on the adjustment of old-age and survivors’ benefit (minimum and average pension per beneficiary) in accordance with Articles 65, paragraph 10, and 66, paragraph 8, of the Convention. The Committee asks the Government to continue providing statistical information in future reports on the adjustment of benefits, as requested in the report form under Article 65 (Title VI).

2. The Committee asks the Government to confirm that periods of insurance completed under the legislation which was previously in force are taken into consideration for the purposes of the minimum qualifying periods required by the 1998 Act on pensions insurance (sections 30 and 60 of the above Act).

3. Finally, the Committee would be grateful if the Government would provide detailed information on the scope of sections 76 and 77 of the Act on pensions insurance, including indications on their implementation in practice.

Furthermore, the Committee would be grateful if the Government would provide information on the application of the Convention in practice, in accordance with Part V of the report form, and particularly on any difficulties of a practical nature encountered in its implementation. It also asks the Government to indicate whether the necessary actuarial studies and calculations concerning the financial equilibrium of the pensions insurance scheme are made periodically, and to provide the results of such studies and calculations, in accordance with Article 71, paragraph 3, of the Convention.