Demande directe (CEACR) - adoptée 1996, publiée 85ème session CIT (1997)

Convention (n° 102) concernant la sécurité sociale (norme minimum), 1952 - France (Ratification: 1974)

With reference to its previous comments, the Committee notes the information contained in the Government's reports on Convention No. 102 and on the application of the European Code of Social Security for the period 1995-96 (ninth report), as well as the comments made by the General Confederation of Labour "Force Ouvrière" concerning the application of the Convention, which were transmitted by the Government with its report.

Part IV (Unemployment benefit), Article 24, paragraph 3, of the Convention. The Committee recalls that section 76 of the regulations appended to the agreement dated 1 January 1994 concluded by the social partners, for a duration of three years, on the basis of the Joint Protocol Agreement of 22 July 1993 respecting unemployment insurance, which was approved by Ministerial Order of 4 January 1994, provides for a waiting period of eight days for the payment of the benefit in the event of unemployment. However, in accordance with Article 24, paragraph 3, of Convention No. 102, a waiting period of only seven days in each case of suspension of earnings is authorized.

The Committee notes in this respect that the Government's report does not contain any new elements. It notes, however, that the period for which the above agreement and its regulations were concluded expires on 31 December 1996. The Committee therefore hopes that, when these texts are renewed and approved, the necessary measures will be taken to give full effect to the provisions of Convention No. 102 on this point. It would be grateful if the Government would inform it of the progress achieved in this respect in its next report.

Furthermore, with regard to Part XI (Standards to be complied with by periodical payments), Article 65, in relation to the following Parts of the Convention: Part V (Old-age benefit), Article 28; Part VIII (Maternity benefit), Article 50; and Part IX (Invalidity benefit), Article 56, the Committee notes the information supplied by the Government in its ninth report on the application of the Code with regard to the wage of a skilled manual male employee in the private and semi-public sectors for full working hours in 1994 and 1995, as indicated by INSEE statistics. The Committee also notes the information supplied by the Government in the context of Convention No. 102 and by Force Ouvrière concerning the maximum wage subject to contributions (general scheme) on 1 July 1996. Subject to the difference in the reference periods between the figures for the maximum wage subject to contributions and for the wage of a skilled manual male employee, these statistics have permitted the Committee to note that the ceiling fixed by wages subject to contribution does not affect the old-age, maternity and invalidity benefit provided to a standard beneficiary whose wage is equal to or lower than that of a skilled manual male employee, and that the level prescribed by the Convention for the above benefits should therefore be attained. The Committee however hopes that in its next report the Government will be in a position to confirm this conclusion by providing statistical data for the same reference period with regard to the above Parts of the Convention and in the manner indicated in the report form (Article 65, Titles I to V of the Convention). The Committee would also be grateful if the Government would provide the statistical information required by the report form under Article 65, Title VI, of the Convention.

Finally, the Committee requests the Government to supply the statistics required by the report form with regard to the level of benefit for employment injury (Part VI) and family benefit (Part VII).