Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Social Security (Minimum Standards) Convention, 1952 (No. 102) - Belgium (Ratification: 1959)

Part IV (Unemployment benefit), Article 20 of the Convention. Tightening of conditions with regard to suitable employment. The 42nd annual report on the application of the European Code of Social Security indicates that the Ministerial Order of 28 December 2011 amending sections 23 and 25 of the Ministerial Order of 26 November 1991 issuing procedures for the implementation of the regulations governing unemployment in the context of suitable employment (Belgian Law Gazette of 30 December 2011, 5th edition, p. 81.944) provides that the minimum distance for seeking employment will be increased from 25 to 60 kilometres, regardless of the travel time involved. In this regard, the Committee wishes to draw the Government’s attention to the Guide to the concept of suitable employment in the context of unemployment benefit adopted in March 2009 by the Committee of Experts on social security responsible for supervision of the Code, guideline 5 of which concerning travel time stipulates that employment may be considered unsuitable if the distance between the home of the person concerned and the location of the proposed job is considered unreasonable. In order to determine whether this distance is reasonable or not, account must be taken of the time needed for the journey, available means of transport, the total time spent away from home, etc. In view of these recommendations, the Committee requests the Government to ensure that the departments responsible for the implementation of the new rule concerning the definition of suitable employment in the context of unemployment insurance are advised of the criteria adopted by the abovementioned guide reflecting the best practices in force in the European countries concerning travel time and distance from the job location which are considered to be reasonable.

Article 69. System of penalties. With reference to its direct request of 2007, the Committee notes the Government’s explanations concerning the application of Article 23 of the Convention supplied in the 38th annual report on the application of the Code. As regards the system of penalties relating to unemployment insurance governed by Article 69 of the Convention (section 68 of the Code), in view of the wide-ranging discretionary powers available to unemployment offices in evaluating the conduct of the unemployed person and the imposition of penalties, the Committee considered that it would be useful to issue a circular to directors of unemployment offices, drawing their attention to the rules established in Article 69(d) and (f) of the Convention. In its 39th annual report on the application of the Code in 2009, the Government expressed its intention to take the necessary steps to ensure that a request to this effect would be submitted to the National Employment Office. The Committee requests the Government to provide information on the follow-up action taken in relation to this initiative.

Part VI (Employment injury benefit), Article 38. The Committee notes that the benefit for temporary incapacity for work following an industrial accident is due from the day following the start of the incapacity. In cases of occupational disease, however, the benefit is granted to the victim only if the temporary incapacity lasts at least 15 days. According to the 42nd annual report on the application of the Code, a person who is incapable of working in the event of sickness who does not receive benefit from the Fund for Occupational Diseases automatically comes within the scope of the sickness/invalidity insurance. The Committee requests the Government to explain whether the sickness/invalidity insurance will also cover the waiting period of the first fifteen days of temporary incapacity further to the occupational disease.