Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

Unemployment Provision Convention, 1934 (No. 44) - French Polynesia

For many years, the Committee has been drawing the Government’s attention to the need to adopt regulations establishing arrangements to give effect to 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 and section 18 of Resolution No. 91-029 AT of 24 July 1991 respecting placement and employment. In its last report, the Government states that on 8 February 2001 the Assembly of French Polynesia adopted Resolution No. 2001-22 APF establishing work of general interest (CIG). This work of general interest is intended to provide an allowance in exchange for work by any worker who has involuntarily lost her or his employment and who is fit for work and is seeking work, as well as for any person over 30 years of age who has been unemployed for over six months. The Government adds that this allowance, which is not subject to any qualifying period or waiting period, is granted for a period of eight months.

The Committee takes note of this information. It notes that the CIG, which forms part of a series of employment assistance measures, has the objective of allowing the recruitment of workers who have involuntarily lost their jobs and of providing them with an allowance when they perform work for a recruiting entity (private sector enterprise, administrative service, public establishment, commune or association). The Committee recalls that, to give effect to the Convention, an unemployment protection scheme has to be established ensuring to persons who are involuntarily unemployed either a benefit, an allowance, or a combination of benefit and allowance, in accordance with Article 1, paragraph 1, of the Convention. The Committee notes, from the information provided by the Government, that Resolution No. 2001-22 APF establishing work of general interest does not appear to correspond in nature to the system envisaged by the Convention in Article 1, paragraph 2, under which the scheme may be a compulsory insurance scheme, a voluntary insurance scheme, a combination of compulsory and voluntary insurance schemes, or a compulsory or voluntary insurance scheme combined with a complementary assistance scheme. Furthermore, under the terms of Article 2 of the Convention, the scheme under which allowances are paid has to cover all the persons to whom the Convention applies, namely all persons habitually employed for wages or salary. In this respect, the information provided by the Government does not indicate that any person who is involuntarily unemployed could automatically benefit from an allowance within the context of the CIG. The Committee also wishes to draw the Government’s attention to Article 9 of the Convention, under which the right to receive an allowance may be made conditional upon the acceptance of employment consisting of relief works organized by a public authority. In these conditions, the Committee hopes that the Government will be able to re-examine this matter and that it will indicate the measures which have been taken or are envisaged to give full effect to the Convention. It recalls in this respect that the Convention is not intended to protect all persons seeking employment, but only those who have lost their employment. In this context, the terms of Article 6 of the Convention allow the right to receive benefit or allowance to be made conditional upon the completion of a qualifying period.