Solicitud directa (CEACR) - Adopción: 1998, Publicación: 87ª reunión CIT (1999)

Convenio sobre la seguridad social (norma mínima), 1952 (núm. 102) - Croacia (Ratificación : 1991)

The Committee notes the information supplied by the Government in its report together with the legislation attached to it. It notes in particular the adoption of the new Pension Insurance Act which, according to the Government, will enter into force as from 1 January 1999. The Committee will proceed with the detailed examination of this Act once it has at its disposal a translation of the Act in one of the working languages of the Office. It hopes that the Government's next report will provide detailed information on the incidence of the new legislation on the application of each of the corresponding Articles of the Convention. The Committee would also like to draw the Government's attention to and/or receive additional information on the following points.

1. Part IV (Unemployment benefit), Article 21 of the Convention. The Committee would be grateful if the Government would supply the statistical information required by the report form on the Convention in the form set out in Title I under Article 76.

Article 22. (a) The Committee notes that section 24 of the Law on Employment of 1996 allows the unemployment benefit, at the request of the beneficiary, to be paid in one instalment. It would ask the Government to explain how this section is being applied in practice, taking into account that, according to Article 22(1) of the Convention, the benefit shall be a periodical payment.

(b) Please state whether, for the calculation of unemployment benefit, recourse is made to the provisions of Article 65 or to those of Article 66, and 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 a minimum is set for the amount of unemployment benefit (section 22, paragraph 2, of the Law on Employment).

Article 69 (read together with Article 20). (1) The Committee notes that section 19 of the Law on Employment lists the grounds of termination of the employment contract which lead to refusal of unemployment benefit. It would appear however that certain grounds, as they are worded in section 19, might go beyond those authorized by Article 69 read together with Article 20. The Committee would therefore like the Government to provide additional information and explanations as to the practical application of the provisions in question with respect to the following points:

(a) Please indicate whether refusal of unemployment benefit on the grounds mentioned in paragraph 1 of section 19 of the Law on Employment would be confined in practice only to cases where the person concerned has refused a contract of employment or service considered as suitable in conformity with Article 20.

(b) Please supply information on the practical application of the provisions contained in paragraph 4 of section 19 of the Law on Employment, taking into account that Article 69(f) authorizes suspension of the unemployment benefit only in cases where the contingency has been caused by the wilful misconduct of the person concerned.

(c) Please supply information on the practical application of the provisions contained in sections 19(7), 28(3), 28(5) and 28(10) of the Law on Employment, indicating in particular whether a person receiving unemployment benefit can temporarily postpone his entitlement to old-age or invalidity pension, if the amount of his unemployment benefit is higher (Article 69(c)).

(2) Section 19(3) of the Law on Employment prescribes the loss of the right to unemployment benefit in case the person concerned did not succeed in his/her probation period or did not complete examinations which specialize him/her. The Committee draws the Government's attention to the fact that such a ground for suspension of unemployment benefit is not contemplated under Article 69. It would therefore ask the Government to indicate the measures taken or contemplated to ensure provision of unemployment benefit to those persons when they fulfil the qualifying period prescribed under section 17 of the Law on Employment.

2. Part V (Old-age benefit), Article 28, and Part X (Survivors' benefit), Article 62, in conjunction with Article 65, paragraph 10. The Committee notes from the Government's previous information that, for budget reasons, old-age pensions had not been increased during 1995 and 1996. It further notes, from the statement made by the Government representative in the Conference Committee in June 1998, that since January 1997 pensions have been adjusted according to the rise in the cost of living. The Committee would therefore ask the Government to confirm this statement in its next report and to provide the updated statistical information required by the report form under Article 65, paragraph 10 (Title VI) for the whole period beginning from 1995.

3. Part XIII (Common provisions), Article 70, paragraph 1. Please indicate which provisions of the legislation ensure the right of appeal in respect of unemployment benefit.

[The Government is asked to report in detail in 2000.]