Observation (CEACR) - adoptée 1995, publiée 83ème session CIT (1996)

Convention (n° 44) du chômage, 1934 - Polynésie française

The Committee refers to the comments it has been making for several years on the need to adopt regulations determining the modality of implementing the principle of assistance to persons who are involuntarily unemployed, as set out in section 48 of Act No. 86-845 of 17 July 1986, of which the provisions were repeated in sections 18 to 20 of resolution No. 91-029/AT of 24 July 1991 pertaining to placement and employment. In its report, the Government indicates that the system of assistance to workers who are unemployed must be subject to a resolution by the territorial assembly but that the discussions begun on this subject in 1989 have been broken off. After mentioning certain differences of opinion between occupational groupings of employers and certain trade union organizations, it adds that the question should be addressed again in the near future by the High Committee on Employment, Occupational Training and Social Welfare, along with the possibility of also establishing assistance for partial unemployment for employees of firms suffering momentary difficulties.

The Committee notes this information. It recalls that in the absence of texts implementing the principle of assistance for unemployment, application of the Convention is not ensured. Consequently, it expresses the hope that the territorial regulations determining the modality of implementing the right to assistance for unemployment, including partial unemployment, will be adopted in the near future and that they will take due account of the Convention. More specifically with reference to the opinion of occupational groupings of employers, most of whom consider that assistance to unemployed workers must be active, of limited duration and accompanied by temporary work or occupational training, the Committee wishes to draw attention specifically to Articles 8 and 9 of the Convention. The Committee states that under Articles 8 and 9, the right to receive benefit or an allowance may be made conditional upon attendance at a course of vocational or other instruction and upon the acceptance of employment on relief works organized by a public authority.

[The Government is requested to supply a detailed report in 1996.]