Demande directe (CEACR) - adoptée 2022, publiée 111ème session CIT (2023)

Repetition

The Committee notes the Government’s first report.

Articles 27(d), 33(b), 41(d), 55(d) and 61(d) of the Convention, in conjunction with Article 3(1). Persons protected. In its report, the Government indicates that the Ministry of the Public Service, Labour and Social Dialogue (MFPTDS) had a total of 71 169 employees in 2016, including public employees and contractual workers. The Government also indicates that the active population covered by the social security scheme is essentially composed of workers in the formal economy, which accounts for under 5 per cent of the total population of Chad. The Committee notes that, in accordance with Article 3(1)of the Convention, the Government has availed itself of the temporary exceptions provided for in Articles 27(d), 33(b), 41(d), 55(d) and 61(d)of the Convention, under the terms of which the classes of employees protected shall constitute not less than 50 per cent of all employees in industrial workplaces employing 20 persons or more.The Committee requests the Government to provide information on the total number of employees in industrial workplaces employing 20 persons or more, with the necessary calculations on the number of persons protected, for the purposes of demonstrating the application of Articles 27(d), 33(b), 41(d), 55(d) and 61(d) of the Convention. Recalling that the objective of Convention is to ensure the provision of the benefits that it envisages for the greatest number of workers for each of the contingencies accepted, the Committee requests the Government to provide information on the measures envisaged to extend the protection of social security benefits to workers in the informal economy.

Articles 30, 58 and 64. First day of the provision of benefits. The Committee observes that, under the terms of sections 17 to 19 of Decree No. 99/P/CSM of 26 April 1978 on the organization of the pensions insurance scheme, old-age, invalidity and survivors’ pensions become effective on the first day of the calendar month following the date on which the conditions for entitlement to the provision of old-age and invalidity pensions have been fulfilled or of the death of the insured person. The Committee recalls that, in accordance with Articles 30, 58 and 64of the Convention, old-age, invalidity and survivors’ benefit shall be granted throughout the contingency and that the Convention does not envisage any waiting period in this regard. The Committee therefore emphasizes that old-age, invalidity and survivors’ benefit should be due from the first day of the contingency, that is the day on which retirement age is reached, the day on which invalidity occurs or the day of the death of the family breadwinner, respectively, even if the actual payment of the benefit is made later.The Committee requests the Government to take the necessary measures to ensure that the payment of old-age, invalidity and survivors’ benefit begins on the day on which the respective contingency commences.

Part VI (Employment injury benefit), Article 34(3), in conjunction with Article 3. Medical care. The Government indicates that the National Social Welfare Fund (CNPS) ensures the payment of care received by administrative employees and contractual workers and the reimbursement of health-care expenditure. It adds that private health insurance companies exist and supplement the coverage of private sector employees.The Committee requests the Government to confirm that the medical care envisaged in Article 34(3) of the Convention is provided free of charge in the event of employment injury.

Article 35. Vocational rehabilitation.The Committee requests the Government to provide information on the measures adopted to ensure the vocational rehabilitation of persons with reduced capacity in the event of employment injury, as envisaged by Article 35 of the Convention.

Article 36(3)(b). Payment of a lump sum. The Committee observes that, according to the information contained in the database of the International Social Security Association (ISSA), “Social Security Programs Throughout the World, 2019”, insured persons can opt to receive up to 25 per cent of the annuity for permanent incapacity in the form of a lump sum. The Committee recalls that, in accordance with Article 36(3)(b)of the Convention, periodical payments may be commuted for a lump sum only where the competent authority is satisfied that the lump sum will be properly utilized.The Committee requests the Government to provide information on the existence of any measure enabling the competent authorities to ensure that the beneficiaries will use the lump sum paid to them properly in cases where they opt to receive their periodical invalidity annuity in this form.

Part VII (Family benefit), Article 43. Qualifying period. The Committee observes that, according to the ISSA database referred to above, family allowances are provided if the insured parents have completed a qualifying period consisting, at a minimum, of six consecutive months of employment.Recalling that, in accordance with Article 43 of the Convention, family benefits shall be secured at least to a person protected who has completed a qualifying period of three months of contribution or employment, the Committee requests the Government to provide information on the provisions of the national legislation that give effect to this Article.

Article 44. Total value of family benefit.The Committee requests the Government to provide statistical data on the total value of family benefit, in accordance with the indications provided in the report form for the Convention.

Part IX (Invalidity benefit), Article 56, in conjunction with Article 65. Calculation of invalidity benefit. Reference wage and supplementary invalidity benefit. The Committee observes that, under the terms of section 15 of the Decree No. 99/P/CSM of 26 April 1978 on the organization of the pension insurance scheme, the amount of the invalidity pension may in no event be lower than 60 per cent of the guaranteed minimum wage. The Committee requests the Government to provide information on the wage of the standard beneficiary within the meaning of the Convention, that is a skilled manual male employee determined in accordance with Article 65(6) of the Convention. Furthermore, section 12 of the above-mentioned Decree provides for a supplement to the invalidity pension provided to a beneficiary who needs the constant assistance and care of another person to undertake the activities of daily life. The supplement is equivalent to 50 per cent of the invalidity pension.The Committee requests the Government to indicate whether this supplement is paid to all beneficiaries of an invalidity pension and, if not, to specify the qualifying criteria for the supplement.

Articles 56 and 57, in conjunction with Article 65. Replacement rate of invalidity benefit. The Committee observes that, under the terms of section 15 of Decree No. 99/P/CSM of 26 April 1978 on the organization of the pension insurance scheme, the monthly amount of the invalidity pension is equivalent to 30 per cent of previous monthly average remuneration and that this percentage is increased by 1.2 per cent for each additional 12-month period of insurance or assimilated period after the first 180 months (15 years). The Committee observes that after 15 years of insurance, which is the period following which invalidity benefit shall be secured in accordance with Article 57(1)of the Convention, the amount of the invalidity pension would be equal to 30 per cent of the average monthly remuneration of the insured person. The Committee recalls that the amount of the invalidity benefit must be at least equal to 40 per cent of the total previous earnings of the beneficiary or her or his family breadwinner, and of the amount of any family allowances payable to a person protected with the same family responsibilities as the standard beneficiary, in accordance with Article 65of the Convention, to which Article 56refers. The Committee nevertheless recalls that the requirements of paragraph 1ofArticle 57shall be deemed to be satisfied where, as provided in paragraph 3of this Article, a benefit corresponding to 30 per cent of previous earnings is secured to all persons protected who have completed a qualifying period of five years of contribution or employment.The Committee requests the Government to indicate whether the completion of a qualifying period of five years secures entitlement to an invalidity pension for any person insured and, if so, to indicate the amount or the replacement rate of the pension that is payable once this period has been completed.

Part X (Survivors’ benefit), Article 62, in conjunction with Articles 63 and 65. Level of benefit. The Committee observes that, under the terms of section 16 of Decree No. 99/P/CSM of 26 April 1978 on the organization of the pension insurance scheme, survivors’ pensions are calculated as a percentage of the old-age or invalidity pension to which the insured person was or would have been entitled on the date of her or his death. Section 16 of the above-mentioned Decree provides that these percentages shall be set at 50 per cent for the widow and 25 per cent for each person who has lost a father or mother. The Committee observes that the survivors’ pension provided to a standard beneficiary who is a widow with two children, in accordance with Article 65of the Convention, shall be equal to 100 per cent of the old-age or invalidity benefit to which the insured person was or would have been entitled on the date of her or his death. The Committee observes that, after 15 years of insurance, which is the qualifying period following which survivors’ benefits shall be secured in accordance with Article 65(1)of the Convention, the old-age or invalidity pension of the insured person and, as a consequence, the survivors’ pension, would be equivalent to 30 per cent of the average monthly earnings, in accordance with section 15 of the above-mentioned Decree. The Committee recalls that, in accordance with Article 65of the Convention, the amount of the survivors’ benefit that shall be secured for a widow and two children shall be at least equal to 40 per cent of the previous earnings of the family breadwinner, calculated in accordance with Article 65of the Convention. The Committee further observes that, under the terms of section 15 of the Decree, the old-age or invalidity pension may not in any event be below 60 per cent of the guaranteed minimum wage.The Committee requests the Government to provide information on the wage of a skilled manual male employee, calculated in accordance with Article 65(6) of the Convention.

Article 63(2). Reduced survivors’ benefit. The Committee observes that, under the terms of section 13 of Decree No. 99/P/CSM of 26 April 1978 on the organization of the pension insurance scheme, in the event of the death of an insured person who, at the date of death, fulfilled the qualifying conditions to benefit from an old-age or invalidity pension or who had completed at least 180 months of insurance (15 years), her or his survivors shall be entitled to a periodical payment as a survivors’ pension. In the event that the insured person had completed fewer than 180 months of insurance (15 years), the survivors shall be entitled to a survivors’ benefit payable in a lump sum. The Committee recalls that, in accordance with Article 63(2)of the Convention, a reduced periodical survivors’ benefit shall be secured at least to a person protected whose breadwinner has completed, in accordance with prescribed rules, a qualifying period of five years of contribution or employment.The Committee requests the Governments to ensure the provision of a reduced periodical survivors’ benefit where the breadwinner has completed five years of insurance.

Part XI (Standards to be complied with by periodical payments), Article 65(10). Review of benefits.The Committee requests the Government to provide information on any fluctuations in the cost of living and the general level of earnings and on the level of old-age, invalidity and survivors’ benefit, as well as employment injury benefit, in accordance with the indications contained in Title VI of the report form.