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

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

The Committee notes that the Government has reviewed and updated the consolidated report (CR) on the application of Conventions Nos 12, 17, 42, 102, 128 and 130 and the European Code of Social Security (ECSS) for the period 2006–16, and provided the clarifications requested.

Old-age benefit (Part V of the CR). Article 18(2) of Convention No. 128. Payment of a reduced pension. The Czech Republic has introduced an amendment to the Pension Insurance Act with effect from 1 January 2015, which stipulates the entitlement to an old-age benefit to the insured individual, who has had at least 15 years of insurance, by reaching the age of five years higher than the statutory retirement age. The Committee points out that this amendment does not give effect to Article 18(2) of the Convention, which requires that all persons protected who have completed 15 years of contributions or employment shall be entitled to a reduced pension at reaching the same statutory pension age. The Committee requests the Government to indicate the measures taken or envisaged to give full effect to this Article of the Convention.

Suspension of benefit (Part XIII of the CR). Article 69 of Convention No. 102. Articles 32–33 of Convention No. 128. Article 28 of Convention No. 130.

Suspension of sickness and unemployment benefits for violation of employees’ obligations under section 301(a) of the Labour Code. The Committee notes that in reply to its previous comments on this subject with respect to the application of the ECSS, the Government refers to the judgment of the Constitutional Court of the Czech Republic of 23 May 2017, where the Court found that the provisions of the national legislation contested by the group of 54 deputies of the Chamber of Deputies of the Parliament do not contradict the constitutional order of the Czech Republic. Taking into account the complexity of the matter, which directly involves the application of Article 68 of the ECSS and Article 69 of Convention No. 102, the Committee requests the Government to provide further information on the application of section 301(a) of the Labour Code.

Sickness benefit. The report states that the regime of sanctions in sickness insurance from the 15th day of sickness provides for a 50 per cent reduction of the sickness benefit if the insured individual has brought about his/her temporary incapacity to work as a result of his/her participation in a fight, as a direct consequence of his/her inebriation or abuse of narcotic or psychotropic substances, or while committing an intentional offence or an intentional misdemeanour. An insured individual who has deliberately brought about his/her temporary incapacity to work has no entitlement to sickness benefits. The Committee points out that the above grounds for the reduction or refusal of sickness benefit may be authorized by Convention No. 102, Article 69(e) and (f), and Convention No. 130, Article 28(1)(d) and (e), to the extent that the contingency has been caused by a criminal offence or by the wilful misconduct of the person concerned. The Committee therefore requests the Government to explain how decisions to reduce the sickness benefit in the abovementioned cases are taken and provide examples of such decisions in the recent years.

Medical care. (a) The Committee requests the Government to indicate whether the abovementioned grounds for the reduction of sickness benefit, particularly in cases where the temporary incapacity to work was caused by participation in a fight, inebriation or abuse of narcotic or psychotropic substances, or by an attempted suicide, may also be used to limit the provision of medical care, for example, to emergency care only or to reduce the reimbursement of the care provided in such situations.

(b) As regards legislation regulating provision of medical care, the Government refers to Act No. 280/1992 Coll., regulating the Departmental, Professional, Company and other Health Insurance Companies, as amended, which establishes that all health insurance companies are responsible for providing health services to the persons insured. According to the Government, the rule is that responsibility for health care rests primarily on the respective authorized insurance company with which the person is registered for health insurance which, in case of problems, is obliged to seek a solution to the problem of the insured person. The Committee wishes to recall in this respect that, according to Article 72(2) of Convention No. 102 and Article 30(2) of Convention No. 130, the general responsibility for the proper administration of the social security institutions and services lies on the Government and cannot be entirely outsourced to health insurance companies. Under these provisions the Government has to ensure that the regime of sanctions in the form of suspension of benefits applied by health insurance companies complies with the limitations laid down in these instruments. The Committee notes that according to the Government, public health insurance in the Czech Republic is conducted by seven health insurance companies, which are institutions with a public mandate, and that the management of the health sector is governed by the Ministry of Health. The Committee requests the Government to provide information on the regime of sanctions established by the internal rules and practices of these health insurance companies, including the list of cases where they may “seek a solution to the problem of the insured person” by suspending or limiting the payment for the health services prescribed, for example, when insurance contributions were not paid in full or medical care was provided in another country.

Old-age benefit. The Committee requests the Government to indicate situations in which payment of an old-age pension may be suspended or stopped.

Article 69(b) of Convention No. 102. Family benefit. The report states that, in accordance with section 54(4) of Act No. 117/1995 Coll., the entitlement to benefits ceases to exist if the beneficiary is in custody or imprisoned. The Committee requests the Government to indicate whether the dependants of the beneficiary who is in prison or in custody are entitled to receive any portion of the family benefit, in accordance with Article 69(b) of Convention No. 102.

Article 69(c) of Convention No. 102 and Article 28(1)(h) of Convention No. 130. Coordination of sickness benefit with disability and old-age pensions. According to the report, if an insured person who is temporarily unable to work applies for a disability pension in accordance with the Pension Insurance Act, as amended, and is acknowledged as having a disability by the social security body, the temporary incapacity to work ends at the latest on the 30th day after the insured individual was acknowledged as having a disability. The disability pension will be granted from the day following the date of termination of the temporary incapacity to work. The Committee also notes that similar and more elaborate provisions regulate cases of termination and replacement of sickness benefit when old-age benefit becomes payable. The Committee points out that under Article 69(c) of Convention No. 102 and Article 28(1)(h) of Convention No. 130, sickness benefit, which in principle should be paid throughout the contingency, can be replaced by another social security cash benefit, such as a disability benefit, subject to the part of the sickness benefit which is suspended not exceeding the disability benefit. The Committee notes in this respect that, according to the calculations made in the report for the standard beneficiary, the sickness benefit provides a replacement rate of 64 per cent, which is substantially higher than the replacement rate of the disability benefit for total incapacity (45.4 per cent). The Committee requests the Government to examine the national provisions requiring termination of sickness benefit before expiration of the maximum duration of 380 days and its replacement by disability benefit or by old-age benefit with a view to preventing the reduction in the level of protection in such cases.

Part XI (Standards to be complied with by periodical payments). Application of Convention No. 102 on the force of minimum benefits. The Committee recalls that the Convention can be applied on the force of social insurance schemes providing earnings-related benefits (Article 65), or flat-rate benefits (Article 66), or social assistance schemes providing means-tested benefits (Article 67), or any combination thereof. Another option consists in applying the Convention on the basis of basic income security guarantees where a social insurance scheme provides a minimum benefit, or a fixed basic amount as part of an earnings-related benefit, or where there is a guaranteed minimum income scheme or a universal social pension. The Committee systemically looks at this option every time when the regular benefit provided by the scheme in question does not attain the level prescribed by the Convention. It observes that the importance of the minimum benefits for the application of the Convention has been growing steadily, inasmuch as in many countries the replacement level of standard benefits showed a marked downwards trend, falling below the percentage prescribed by the Convention and, for low wage earners, even below the poverty line.

According to the Convention, the amount of a guaranteed minimum cash benefit, in whichever form it takes, shall be not less than the corresponding benefit calculated in accordance with the requirements of Article 66. For the family of a standard beneficiary, this amount shall be such as to attain, in respect of the contingency in question, at least the percentage of the reference wage of the ordinary adult male labourer indicated in the Schedule to Part XI of the Convention. For other beneficiaries with different family responsibilities, the guaranteed minimum benefit shall bear a reasonable relation to the benefit of the standard beneficiary (Article 66(3)). In all cases, the resulting amount shall be sufficient to maintain the family of the beneficiary “in health and decency” (Article 67(c)) under the conditions of entitlement prescribed by the corresponding Part of the Convention with respect to the qualifying period, age and duration of payment.

With respect to maintaining the family of the beneficiary in conditions of health, payment of the minimum cash benefit in respect of other contingencies shall not unduly limit the concurrent entitlement of the beneficiary and his or her family to the types of medical care guaranteed under the conditions stipulated in Part II of the Convention. Persons on minimum benefit in need of health care should not face an increased risk of poverty due to the financial consequences of accessing the types of health care specified in Article 10(1). In particular, the minimum benefit shall be sufficient to cover the required cost sharing by the beneficiary in medical care guaranteed to his or her family under Part II of the Convention in such a manner as to avoid hardship and not to prejudice the effectiveness of medical and social protection (Article 10(2)).

With regard to maintaining the family of the beneficiary in conditions of decency, the minimum benefit, together with other statutory social protections, shall allow life in dignity and provide income above the national poverty line or similar income threshold, preventing vulnerability and social exclusion. The entitlement to the minimum benefit shall not be subjected to any additional conditions of a discriminatory nature applied to any member of the family of the beneficiary, and shall not deprive the beneficiary of their acquired social and insurance status, including rights acquired or in the course of acquisition under statutory social security schemes. When the legislation makes the provision of social security benefits conditional upon occupational activity, periods during which minimum benefits are paid should normally be taken into consideration for acquisition of the right to other social security benefits. The rate of social insurance contributions or taxation or both applied to minimum benefits shall be determined in a manner which avoids hardship to persons of small means with due regard to social justice and equity (Article 70(1)). The current rates of the minimum benefits in respect of longterm contingencies shall be adjusted to the cost of living (Article 66(8)). In the light of these explanations, the Committee requests the Government to assess in its next report whether and to what extent the existing minimum social security guarantees comply with the abovementioned requirements of the Convention as to their level and conditions of entitlement, and could be used to give effect to its provisions under each accepted Part of the Convention. For the relevant statistical indicators concerning income, poverty and wages the Government may wish to refer to the ILO technical note transmitted to the Government.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes that the Government has reviewed and updated the consolidated report (CR) on the application of Conventions Nos 12, 17, 42, 102, 128 and 130 and the European Code of Social Security (ECSS) for the period 2006–16, and provided the clarifications requested.

Old-age benefit (Part V of the CR). Article 18(2) of Convention No. 128. Payment of a reduced pension. The Czech Republic has introduced an amendment to the Pension Insurance Act with effect from 1 January 2015, which stipulates the entitlement to an old-age benefit to the insured individual, who has had at least 15 years of insurance, by reaching the age of five years higher than the statutory retirement age. The Committee points out that this amendment does not give effect to Article 18(2) of the Convention, which requires that all persons protected who have completed 15 years of contributions or employment shall be entitled to a reduced pension at reaching the same statutory pension age. The Committee requests the Government to indicate the measures taken or envisaged to give full effect to this Article of the Convention.

Suspension of benefit (Part XIII of the CR). Article 69 of Convention No. 102. Articles 32–33 of Convention No. 128. Article 28 of Convention No. 130.

Suspension of sickness and unemployment benefits for violation of employees’ obligations under section 301(a) of the Labour Code. The Committee notes that in reply to its previous comments on this subject with respect to the application of the ECSS, the Government refers to the judgment of the Constitutional Court of the Czech Republic of 23 May 2017, where the Court found that the provisions of the national legislation contested by the group of 54 deputies of the Chamber of Deputies of the Parliament do not contradict the constitutional order of the Czech Republic. Taking into account the complexity of the matter, which directly involves the application of Article 68 of the ECSS and Article 69 of Convention No. 102, the Committee requests the Government to provide further information on the application of section 301(a) of the Labour Code.

Sickness benefit. The report states that the regime of sanctions in sickness insurance from the 15th day of sickness provides for a 50 per cent reduction of the sickness benefit if the insured individual has brought about his/her temporary incapacity to work as a result of his/her participation in a fight, as a direct consequence of his/her inebriation or abuse of narcotic or psychotropic substances, or while committing an intentional offence or an intentional misdemeanour. An insured individual who has deliberately brought about his/her temporary incapacity to work has no entitlement to sickness benefits. The Committee points out that the above grounds for the reduction or refusal of sickness benefit may be authorized by Convention No. 102, Article 69(e) and (f), and Convention No. 130, Article 28(1)(d) and (e), to the extent that the contingency has been caused by a criminal offence or by the wilful misconduct of the person concerned. The Committee therefore requests the Government to explain how decisions to reduce the sickness benefit in the abovementioned cases are taken and provide examples of such decisions in the recent years.

Medical care . (a) The Committee requests the Government to indicate whether the abovementioned grounds for the reduction of sickness benefit, particularly in cases where the temporary incapacity to work was caused by participation in a fight, inebriation or abuse of narcotic or psychotropic substances, or by an attempted suicide, may also be used to limit the provision of medical care, for example, to emergency care only or to reduce the reimbursement of the care provided in such situations.

(b) As regards legislation regulating provision of medical care, the Government refers to Act No. 280/1992 Coll., regulating the Departmental, Professional, Company and other Health Insurance Companies, as amended, which establishes that all health insurance companies are responsible for providing health services to the persons insured. According to the Government, the rule is that responsibility for health care rests primarily on the respective authorized insurance company with which the person is registered for health insurance which, in case of problems, is obliged to seek a solution to the problem of the insured person. The Committee wishes to recall in this respect that, according to Article 72(2) of Convention No. 102 and Article 30(2) of Convention No. 130, the general responsibility for the proper administration of the social security institutions and services lies on the Government and cannot be entirely outsourced to health insurance companies. Under these provisions the Government has to ensure that the regime of sanctions in the form of suspension of benefits applied by health insurance companies complies with the limitations laid down in these instruments. The Committee notes that according to the Government, public health insurance in the Czech Republic is conducted by seven health insurance companies, which are institutions with a public mandate, and that the management of the health sector is governed by the Ministry of Health. The Committee requests the Government to provide information on the regime of sanctions established by the internal rules and practices of these health insurance companies, including the list of cases where they may “seek a solution to the problem of the insured person” by suspending or limiting the payment for the health services prescribed, for example, when insurance contributions were not paid in full or medical care was provided in another country.

Old-age benefit. The Committee requests the Government to indicate situations in which payment of an old-age pension may be suspended or stopped.

Article 69(b) of Convention No. 102. Family benefit. The report states that, in accordance with section 54(4) of Act No. 117/1995 Coll., the entitlement to benefits ceases to exist if the beneficiary is in custody or imprisoned. The Committee requests the Government to indicate whether the dependants of the beneficiary who is in prison or in custody are entitled to receive any portion of the family benefit, in accordance with Article 69(b) of Convention No. 102.

Article 69(c) of Convention No. 102 and Article 28(1)(h) of Convention No. 130. Coordination of sickness benefit with disability and old-age pensions. According to the report, if an insured person who is temporarily unable to work applies for a disability pension in accordance with the Pension Insurance Act, as amended, and is acknowledged as having a disability by the social security body, the temporary incapacity to work ends at the latest on the 30th day after the insured individual was acknowledged as having a disability. The disability pension will be granted from the day following the date of termination of the temporary incapacity to work. The Committee also notes that similar and more elaborate provisions regulate cases of termination and replacement of sickness benefit when old-age benefit becomes payable. The Committee points out that under Article 69(c) of Convention No. 102 and Article 28(1)(h) of Convention No. 130, sickness benefit, which in principle should be paid throughout the contingency, can be replaced by another social security cash benefit, such as a disability benefit, subject to the part of the sickness benefit which is suspended not exceeding the disability benefit. The Committee notes in this respect that, according to the calculations made in the report for the standard beneficiary, the sickness benefit provides a replacement rate of 64 per cent, which is substantially higher than the replacement rate of the disability benefit for total incapacity (45.4 per cent). The Committee requests the Government to examine the national provisions requiring termination of sickness benefit before expiration of the maximum duration of 380 days and its replacement by disability benefit or by old-age benefit with a view to preventing the reduction in the level of protection in such cases.

Part XI (Standards to be complied with by periodical payments). Application of Convention No. 102 on the force of minimum benefits. The Committee recalls that the Convention can be applied on the force of social insurance schemes providing earnings-related benefits (Article 65), or flat-rate benefits (Article 66), or social assistance schemes providing means-tested benefits (Article 67), or any combination thereof. Another option consists in applying the Convention on the basis of basic income security guarantees where a social insurance scheme provides a minimum benefit, or a fixed basic amount as part of an earnings-related benefit, or where there is a guaranteed minimum income scheme or a universal social pension. The Committee systemically looks at this option every time when the regular benefit provided by the scheme in question does not attain the level prescribed by the Convention. It observes that the importance of the minimum benefits for the application of the Convention has been growing steadily, inasmuch as in many countries the replacement level of standard benefits showed a marked downwards trend, falling below the percentage prescribed by the Convention and, for low wage earners, even below the poverty line.

According to the Convention, the amount of a guaranteed minimum cash benefit, in whichever form it takes, shall be not less than the corresponding benefit calculated in accordance with the requirements of Article 66. For the family of a standard beneficiary, this amount shall be such as to attain, in respect of the contingency in question, at least the percentage of the reference wage of the ordinary adult male labourer indicated in the Schedule to Part XI of the Convention. For other beneficiaries with different family responsibilities, the guaranteed minimum benefit shall bear a reasonable relation to the benefit of the standard beneficiary (Article 66(3)). In all cases, the resulting amount shall be sufficient to maintain the family of the beneficiary “in health and decency” (Article 67(c)) under the conditions of entitlement prescribed by the corresponding Part of the Convention with respect to the qualifying period, age and duration of payment.

With respect to maintaining the family of the beneficiary in conditions of health, payment of the minimum cash benefit in respect of other contingencies shall not unduly limit the concurrent entitlement of the beneficiary and his or her family to the types of medical care guaranteed under the conditions stipulated in Part II of the Convention. Persons on minimum benefit in need of health care should not face an increased risk of poverty due to the financial consequences of accessing the types of health care specified in Article 10(1). In particular, the minimum benefit shall be sufficient to cover the required cost sharing by the beneficiary in medical care guaranteed to his or her family under Part II of the Convention in such a manner as to avoid hardship and not to prejudice the effectiveness of medical and social protection (Article 10(2)).

With regard to maintaining the family of the beneficiary in conditions of decency, the minimum benefit, together with other statutory social protections, shall allow life in dignity and provide income above the national poverty line or similar income threshold, preventing vulnerability and social exclusion. The entitlement to the minimum benefit shall not be subjected to any additional conditions of a discriminatory nature applied to any member of the family of the beneficiary, and shall not deprive the beneficiary of their acquired social and insurance status, including rights acquired or in the course of acquisition under statutory social security schemes. When the legislation makes the provision of social security benefits conditional upon occupational activity, periods during which minimum benefits are paid should normally be taken into consideration for acquisition of the right to other social security benefits. The rate of social insurance contributions or taxation or both applied to minimum benefits shall be determined in a manner which avoids hardship to persons of small means with due regard to social justice and equity (Article 70(1)). The current rates of the minimum benefits in respect of long term contingencies shall be adjusted to the cost of living (Article 66(8)). In the light of these explanations, the Committee requests the Government to assess in its next report whether and to what extent the existing minimum social security guarantees comply with the abovementioned requirements of the Convention as to their level and conditions of entitlement, and could be used to give effect to its provisions under each accepted Part of the Convention. For the relevant statistical indicators concerning income, poverty and wages the Government may wish to refer to the ILO technical note transmitted to the Government.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Part VIII (Maternity benefit) in relation to Article 69 of the Convention. The Committee notes from the Government’s ninth report on the application of the European Code of Social Security that the maternity benefit is provided for a period of 28 weeks but is not paid out:

• -to the mother of a child throughout the period, during which the mother has an agreement with the father of the child or the mother’s husband as to the fact that said individual will assume the care of the child and as such the insured individual, with whom the mother of the child has concluded said agreement, is entitled to receive the maternity benefit;
• -to an insured individual throughout the period, during which said individual is unable to or not permitted to care for the child due to a serious long-term illness, due to which said individual has entered into temporary incapacity for work and because of which the child has been taken into the care of a different physical entity or legal entity;
• -throughout the period, in which the insured individual does not take care of a newborn child and the child is therefore assigned to foster care or to institutional care;
• -to an insured individual throughout the period, in which the child was in institutional care for reasons other than medical grounds on the part of the child or the insured individual.

The Committee observes that in the social security law the above cases of the suspension of benefit are usually applied with respect to the childcare benefit granted to the insured person who actually cares for the child, and not to the maternity benefit, which is granted to the mother herself to maintain her income during the minimum period necessary for restoring or improving her health in connection with the pregnancy and confinement. As defined in Article 47 of the Convention, the maternity benefit is not conditional upon caring for the child. It should be paid out at least for the period of 12 weeks before and after confinement even if the child is stillborn or dies soon after birth, and is not transmissible to the father or any other carer. In the light of these explanations and taking into account that maternity benefit in the Czech Republic is provided for a much longer period, the Committee wishes the Government to assess the compatibility of the abovementioned provisions with the grounds for the suspension of the maternity benefit allowed by Article 69 of the Convention.

Part IX (Invalidity benefit), Article 54. The Committee notes the observation of the Czech–Moravian Confederation of Trade Unions (CMKOS) as well as the Government’s reply to it included in the report. The CMKOS emphasized in particular that the recent changes in the definition of invalidity were driven by an effort to reduce the number of beneficiaries in order to make savings at any cost. The Committee would like the Government to explain in its next report, by reference to the corresponding provisions of the legislation, what changes were made in the definition of invalidity and what reasons were advanced for introducing them into the national legislation. Please provide statistics comparing the number of new entrants into the invalidity scheme by category in the years before and after the change in the definition and assessment of the level of invalidity, as well as the total expenses encountered by the scheme on provision of invalidity benefits.

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

The Committee notes the information supplied by the Government in its reports. It also notes the legislation to implement the Convention. It wishes to draw the Government’s attention to, and/or receive further information on, the following points.

Part VII (Family allowances), Article 44 of the Convention (Total value of benefits). The Committee understands from the information sent by the Government in its report that the rate of family allowances as prescribed by this provision of the Convention has been attained. It nonetheless requests the Government to provide statistics in its next report showing the rate of family allowances in the form required by the report form under Article 44.

Part VIII (Maternity benefit), Article 48 (Scope). Please provide statistics on the coverage of maternity benefit both in cash and in kind in the form required by the report form under Titles I or II.

Part IX (Invalidity benefit), Article 58 (in conjunction with Article 69) (Duration of benefit). Since the Government stated in its report that invalidity benefit is reduced in accordance with Article 69(e) and (f), where the contingency is caused by a crime or an offence committed by the insured person or by the latter’s wilful misconduct, the Committee requests the Government to indicate the relevant legal provisions.

Part XI (Standards to be complied with by periodical payments), Article 65 (in conjunction with Articles 50, 56 and 62) (Maintenance of benefit). The Committee notes the information, particularly the statistics, sent by the Government in its report showing that the rate of maternity, invalidity and survivors’ benefits attain the rate prescribed by the Convention. It notes, however, that these statistics are not always clearly established and that they do not necessarily tally with the information given by the Government in the reports on Conventions Nos. 128 and 130. In these circumstances, the Committee hopes that the Government’s next report will contain all the information requested in the report form in the manner required under Article 65, Titles I, II, IV and V. The Committee also draws the Government’s attention to its comments under Articles 17 and 18 (in conjunction with Article 26) of Convention No. 128 and under Article 21 (in conjunction with Article 22), of Convention No. 130.

Furthermore, with regard to the review of invalidity and survivors’ benefits, pursuant to Article 65, paragraph 10, of the Convention, the Committee would be grateful if in its next report the Government would supply all the information required by the report form under Article 65, Title VI. It also draws the Government’s attention to its comments on Convention No. 128 under Article 29.

Part XIII (Common provisions), Article 70 (Right of appeal). The Committee notes the information referred to by the Government on the application of Article 70 of the Convention. It would be grateful if the Government would supply information on the implementation in practice of the legal provisions governing the right of appeal to administrative authorities and available means of redress in the courts for each social security branch accepted.

Article 71, paragraph 2 (Financing of benefits). Please provide the statistical information required by the report form under Article 71(3).

Article 72, paragraph 1 (Participation of representatives of the persons protected in the management of the scheme). Please provide information on the implementation of this provision of the Convention for each branch accepted.

The Committee also refers the Government to its comments on Part II (Medical care) under Convention No. 130.