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Previous comments: C.37 observation; C.38 observation; C.42 observation; and C.44 observation.
Article 9, paragraph 1(a), of the Convention. Referring to the comments which it has made for a number of years, the Committee notes that in its last report the Government undertakes, the next time it amends resolution No. 74-22 of 14 February 1974, to make the modifications needed to give full effect to the Convention by removing the possibility of disqualifying an insured person from entitlement to cash benefits in the case of inexcusable misconduct. This notion is likely to give rise to disqualification in many more instances than the few limited cases listed by this provision of the Convention, i.e. cases of criminal offence or wilful misconduct. The Committee would be grateful if the Government would keep it informed of all progress made in this area and, if applicable, to send a copy of the abovementioned resolution, as amended, with its next report.
Article 9, paragraph 1(a), of the Convention. In its previous comments, the Committee drew the attention of the Government to the fact that the notion of inexcusable misconduct provided for under section 34, subsection 1 of resolution No. 74-22 of 14 February 1974, as modified by section 1 of resolution No. 83-47 of 28 March 1983, is a case of disqualification from entitlement to benefits broader than that provided for by the Convention. It therefore expresses the hope that, when the legislation is next revised, the Government will adopt the necessary measures to delete this case of disqualification from resolution No. 74-22 cited above. In the meantime, the Committee requests the Government to supply information on the application in practice of section 34, subsection 1, of the abovementioned resolution, when the case arises.
Article 9, paragraph 1(a), of the Convention. The Committee takes note of the information provided by the Government in its report. With respect to section 1 of resolution No. 83-47 of 28 March 1983, the Committee noted the statement of the Director of the Social Provident Fund of 3 September 1992 that inexcusable or wilful misconduct of the insured person may indeed result in disqualification from entitlement to benefits, but that, in practice, no situation of this type has yet occurred. In this regard, the Committee can only recall that the notion of inexcusable misconduct permits a case of disqualification from entitlement to benefits broader than that provided for in the Convention. Consequently, the Committee expresses the hope that, when the legislation is next revised, the Government will adopt the necessary measures to delete this case of disqualification. The Committee requests the Government to indicate in its next report the progress made in this respect. In the meantime, it would be grateful if the Government would keep it informed of the manner in which the above-mentioned section is applied in practice, when the case arises.
Article 9, paragraph 1(a), of the Convention. The Committee takes note of the information supplied by the Government in its report. It notes in particular the text of Resolution No. 83-47 of 28 March 1983, section 1 of which enabled the Social Provident Fund to provide benefits in cases of physical injury caused by the practice of a sport. However, it notes that the notion of inexcusable misconduct as one of the grounds for disqualification from entitlement to benefits has not been deleted from the above-mentioned provision, but that the notion of wilful misconduct has been introduced. In this connection, the Committee can only recall that the notion of inexcusable misconduct is broader than the notion contained in this provision of the Convention. Consequently, the Committee would be grateful if the Government would provide information on the practical effect given to section 1 of Resolution No. 83-47, and hopes that when the legislation is next revised the Government will adopt the necessary measures to delete the notion of inexcusable misconduct, in accordance with this provision of the Convention.