Social Security (Minimum Standards) Convention, 1952 (No. 102) - Slovakia (Ratification: 1993)

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on social security, the Committee considers it appropriate to examine Conventions Nos 102 (minimum standards) and 130 (medical care and sickness benefit) together.

Articles 7, 13, 17, 27, 28, 29 of Convention No. 130. The Committee notes the information provided by the Government in reply to its previous requests concerning a minimum degree of incapacity for work, medical care benefits, cost sharing, funeral allowance, suspension of benefits and right to appeal and complaint.

Articles 15 (Sickness benefit), 48 (Maternity benefit), 55 (Invalidity benefit), 61 (Survivors’ benefit) of Convention No. 102 and Article 19 (Sickness benefit) of Convention No. 130. Persons protected. The Committee requests the Government to provide statistical data on the number of persons protected.

Part VII (Family benefit). Article 44 of Convention No. 102. Calculation of the total value of family benefits. The Committee requests the Government to provide statistical data on the total value of family benefits.

Part IX (Invalidity benefit), Article 56 and Part X (Survivors’ benefit), Article 62. Replacement rate of benefits. The Committee requests the Government to provide statistical data on replacement rate of invalidity and survivors’ benefits in accordance with Titles I–V of the report form for the Convention.

Article 65(10). Adjustment of invalidity and survivors’ benefits. The Committee requests the Government to provide statistical data on adjustment of invalidity and survivors’ benefits in accordance with Title VI of the report form for the Convention.

Part XIII (Common provisions). Article 71. Financing of benefits. The Committee requests the Government to provide statistical data on the total of the insurance contributions borne by the persons protected.

Article 32 of Convention No. 130, in conjunction with Article 10(a) or (b). Equal treatment. In its previous comments, the Committee requests the Government to provide information on the legislation and procedures available to ensure access to medical care for non-nationals. The Committee takes note of the Government’s indications provided in its report that every natural person with permanent residence in Slovakia is mandatorily insured in the public health insurance system. With regard to third country nationals (foreign nationals who are not nationals of an EU/EEA Member State or Switzerland) who have not been granted permanent residence, the Government indicates that they are also mandatorily insured in case of performance of gainful activity in the country. The Government further indicates that third country nationals with temporary residence for the purpose of family reunification (family members) are mandatorily insured in the public health insurance system only if they are employed or conduct business in Slovakia. The Committee recalls that the application of Article 32 of the Convention, in conjunction with Article 10(a) or (b), requires that the wives and children of persons protected who are non-nationals and who normally reside in the country be also covered in respect of medical care benefits regardless of their employment status or economic activity. The Committee requests the Government to explain how it ensures the provision of medical care benefits to the wives and children of third country nationals who have temporary residence status but who are neither employed nor conducting business in Slovakia, in the same manner as the wives and children of Slovak nationals.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Recalling that the next report due in 2011 should be a detailed report, the Committee hopes that the Government will make an effort to present information on the applicable law and practice under each Article of the Convention according to the report form adopted by the Governing Body and include in it the latest available statistical information and calculations of the rate of the benefits and their adjustment to the cost of living for the whole period covered by the report.

Part VII (Family benefit) in conjunction with Article 69 of the Convention (Suspension of benefit). The Government’s report indicates that the new legislation makes the direct payment of child benefits by the Office of Labour, Social Affairs and Family conditional to compulsory school attendance. The Committee requests the Government to indicate how this provision is being applied in practice and describe the powers of the Office of Labour, Social Affairs and Family in this regard. Please supply information on the number of children who have been concerned by these measures.

Article 70 (The right of appeal and complaint). The Committee would be grateful if the Government would supply detailed information in its next report on how the procedures on disputes in matters of social insurance under Part III of the Act on Social Insurance (sections 172–214) ensure the right of appeal in case of refusal of benefits and complaint concerning their quality and quantity, with respect to each branch of the Slovakian social security system.

Please attach the latest available consolidated versions of the applicable legislation.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the information provided by the Government in its report, which was received on 22 December 2003, in reply to its previous comments.

The Committee also notes that Slovak social security has been the subject of major amendments further to the entry into force on 1 January 2004 of the Social Insurance Act (No. 461 of 2003) and that a comprehensive reform of the pensions branch should take effect in 2005.

The Committee hopes that the Government’s next report will contain detailed information on the impact of these reforms on the application of each of the provisions of Parts II, VII, VIII, IX and X, read in conjunction with their common parts, including statistics in the manner requested by the report form.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the information contained in the Government’s report and notes the legislation referred to therein. In order to be able to assess fully the manner in which the Convention is applied in practice, the Committee hopes that the Government’s next report will not fail to provide full particulars on the following points.

Part VII (Family benefit), Article 44 (in relation to Article 66) (Rate of benefit). Please provide the statistics requested in the report form under Articles 44 and 66 (Title I).

Part IX (Invalidity benefit), Article 54 (Definition of the contingency). The Committee notes that, by virtue of section 29(3) of the Act on Social Security (No. 100 of 1988), a person is invalid where, by reason of a long-term deterioration of health, that person is incapable of performing a regular occupational activity or can only exercise such an activity under very special conditions. Please provide full particulars on the application in practice of section 29(3) so as to shed light on its scope, taking into account the fact that, by virtue of Article 54 of the Convention, which refers to "inability to engage in any gainful activity, to an extent prescribed", the protection should not be limited to cases of absolute permanent invalidity.

Part XI (Standards to be complied with by periodical payments), Article 65 (in relation to Articles 50, 56 and 62). 1. The Committee requests the Government to provide the statistical information requested in the report form under Article 65 (Titles I, II, IV and V). The Committee emphasizes the need to be provided with this information since, in the Slovak system, maternity cash benefits, invalidity and survivors’ benefits are based on the previous earnings of the insured person and the earnings taken into account for the calculation of the benefit and/or its level are subject to a ceiling. It draws the Government’s attention to Article 65, paragraph 3, of the Convention, which specifies that in such a case the maximum limit must be fixed in such a way that the provisions relating to the amount of benefits are complied with where the previous earnings of the beneficiary are equal to or lower than the wage of a skilled manual male employee. With regard to the definition of a skilled employee, the Government may wish to refer to Article 65, paragraph 6(d), which provides that such an employee may be a person whose earnings are equal to 125 per cent of the average earnings of all the persons protected.

Furthermore, the Committee notes the information provided by the Government in its report on the revision of invalidity and survivors’ benefits. In order to be in a better position to assess the manner in which effect is given to Article 65, paragraph 10, which provides for the amount of benefits to be reviewed following substantial changes in the general level of earnings where these result from substantial changes in the cost of living, the Committee hopes that the Government’s next report will not fail to include all the information requested by the report form under Article 65, Title VI.

Part XII (Equality of treatment of non-national residents), Article 68. From the information contained in MISSCEO 2000 (Mutual Information System on Social Protection of the Council of Europe: comparative table of the social protection systems in 18 Member States of the Council of Europe, Australia and Canada, 10th edition), Table VIII, page 313, the Committee understands that, to be entitled to an orphans’ pension, the children of the deceased insured person must be of Slovak nationality. As the Committee has not found a reference to this nationality requirement in the Act on Social Security (No. 100 of 1988), it would be grateful if the Government would indicate if this is indeed the case and, if so, if it would specify the applicable provisions. If such is the case, it would be grateful if the Government would indicate in its next report the measures which have been taken or are envisaged to ensure the application of Article 68 of the Convention respecting equality of treatment of non-nationals with regard to orphans’ benefit.

Part XIII (Common provisions), Article 69(c) (Suspension of benefit in the event of the cumulation of benefits).  Please provide information on the implementation in practice of section 56(a) of Act No. 100 of 1988 with a view to shedding light on its scope (such as the number of cases, the circumstances in which section 56(a) has been used).

Article 70 (Right of appeal). Please provide detailed information on the appeal procedures available to beneficiaries of benefits under the various branches which have been accepted by Slovakia in case of refusal of the benefit or complaint.

Article 71, paragraph 2 (Financing of benefits). Please provide the statistics requested in the report form under Article 71, paragraph 3.

Article 71, paragraph 3 (General responsibility of the State). Please indicate whether the necessary actuarial studies and calculations concerning the financial equilibrium of the social security scheme are made periodically and communicate the results of these studies and calculations.

Part XIV (Miscellaneous provisions), Article 76, paragraph 1(b) (in relation to Articles 48, 55 and 61) (Scope of application). Please provide the statistical information requested by the report form under Article 76, Title I or Title II, according to whether recourse is had to points (a) or (b) of Articles 48, 55 and 61.

The provision of certain information, and particularly statistics on the level of old-age benefit, may prove to be relatively complex and the Committee wishes to remind the Government of the possibility of having recourse to the technical assistance of the Office in this regard.

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

The Committee notes the information contained in the Government’s report and notes the legislation referred to therein. In order to be able to assess fully the manner in which the Convention is applied in practice, the Committee hopes that the Government’s next report will not fail to provide full particulars on the following points:

Part VII (Family benefit), Article 44 (in relation to Article 66) (Rate of benefit). Please provide the statistics requested in the report form under Articles 44 and 66 (Title I).

Part IX (Invalidity benefit), Article 54 (Definition of the contingency). The Committee notes that, by virtue of section 29(3) of the Act on Social Security (No. 100 of 1988), a person is invalid where, by reason of a long-term deterioration of health, that person is incapable of performing a regular occupational activity or can only exercise such an activity under very special conditions. Please provide full particulars on the application in practice of section 29(3) so as to shed light on its scope, taking into account the fact that, by virtue of Article 54 of the Convention, which refers to "inability to engage in any gainful activity, to an extent prescribed", the protection should not be limited to cases of absolute permanent invalidity.

Part XI (Standards to be complied with by periodical payments), Article 65 (in relation to Articles 50, 56 and 62). 1. The Committee requests the Government to provide the statistical information requested in the report form under Article 65 (Titles I, II, IV and V). The Committee emphasizes the need to be provided with this information since, in the Slovak system, maternity cash benefits, invalidity and survivors’ benefits are based on the previous earnings of the insured person and the earnings taken into account for the calculation of the benefit and/or its level are subject to a ceiling. It draws the Government’s attention to Article 65, paragraph 3, of the Convention, which specifies that in such a case the maximum limit must be fixed in such a way that the provisions relating to the amount of benefits are complied with where the previous earnings of the beneficiary are equal to or lower than the wage of a skilled manual male employee. With regard to the definition of a skilled employee, the Government may wish to refer to Article 65, paragraph 6(d), which provides that such an employee may be a person whose earnings are equal to 125 per cent of the average earnings of all the persons protected.

2. Furthermore, the Committee notes the information provided by the Government in its report on the revision of invalidity and survivors’ benefits. In order to be in a better position to assess the manner in which effect is given to Article 65, paragraph 10, which provides for the amount of benefits to be reviewed following substantial changes in the general level of earnings where these result from substantial changes in the cost of living, the Committee hopes that the Government’s next report will not fail to include all the information requested by the report form under Article 65, Title VI.

Part XII (Equality of treatment of non-national residents), Article 68. From the information contained in MISSCEO 2000 (Mutual Information System on Social Protection of the Council of Europe: comparative table of the social protection systems in 18 Member States of the Council of Europe, Australia and Canada, 10th edition), Table VIII, page 313, the Committee understands that, to be entitled to an orphans’ pension, the children of the deceased insured person must be of Slovak nationality. As the Committee has not found a reference to this nationality requirement in the Act on Social Security (No. 100 of 1988), it would be grateful if the Government would indicate if this is indeed the case and, if so, if it would specify the applicable provisions. If such is the case, it would be grateful if the Government would indicate in its next report the measures which have been taken or are envisaged to ensure the application of Article 68 of the Convention respecting equality of treatment of non-nationals with regard to orphans’ benefit.

Part XIII (Common provisions), Article 69(c) (Suspension of benefit in the event of the cumulation of benefits).  Please provide information on the implementation in practice of section 56(a) of Act No. 100 of 1988 with a view to shedding light on its scope (such as the number of cases, the circumstances in which section 56(a) has been used).

Article 70 (Right of appeal). Please provide detailed information on the appeal procedures available to beneficiaries of benefits under the various branches which have been accepted by Slovakia in case of refusal of the benefit or complaint.

Article 71, paragraph 2 (Financing of benefits). Please provide the statistics requested in the report form under Article 71, point 3.

Article 71, paragraph 3 (General responsibility of the State). Please indicate whether the necessary actuarial studies and calculations concerning the financial equilibrium of the social security scheme are made periodically and communicate the results of these studies and calculations.

Part XIV (Miscellaneous provisions), Article 76, paragraph 1(b) (in relation to Articles 48, 55 and 61) (Scope of application). Please provide the statistical information requested by the report form under Article 76, Title I or Title II, according to whether recourse is had to points (a) or (b) of Articles 48, 55 and 61.

The provision of certain information, and particularly statistics on the level of old-age benefit, may prove to be relatively complex and the Committee wishes to remind the Government of the possibility of having recourse to the technical assistance of the Office in this regard.

[The Government is asked to reply in detail to the present comments in 2003.]

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the information provided by the Government in its report for the period ending 1 September 1996. It hopes that the Government will provide detailed information in its next report for each of the Articles of the Convention, including any necessary statistical data, in accordance with the report form adopted by the Governing Body of the ILO. The Committee also requests the Government to indicate the applicable legislation and regulations and to provide copies.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the information provided by the Government in its report for the period ending 1 September 1996. It hopes that the Government will provide detailed information in its next report for each of the Articles of the Convention, including any necessary statistical data, in accordance with the report form adopted by the Governing Body of the ILO. The Committee also requests the Government to indicate the applicable legislation and regulations and to provide copies.