Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

Social Security (Minimum Standards) Convention, 1952 (No. 102) - Spain (Ratification: 1988)

The Committee notes the information supplied by the Government in its first report. It wishes to draw the Government's attention to, and receive further information on, the following points.

1. Part VI (Employment injury benefit).

(a) Article 34, paragraph 2, of the Convention. Please indicate whether, and by virtue of which laws and regulations, nursing care at home and dental supplies and eyeglasses are provided free of charge to victims of employment injury, in accordance with paragraph (c) and (e) of this provision of the Convention.

(b) Article 36, paragraph 2. The Committee notes that, under the terms of section 136(2) of Decree No. 2065 of 30 May 1974 approving the codified text of the General Social Security Act and its regulations, total permanent incapacity to exercise the victim's habitual occupation gives entitlement to a life annuity of 55 per cent of the remuneration taken as the basis for the calculation of benefits. Furthermore, in accordance with section 135(3) and section 136(1) of the above Decree of 1974, taken in conjunction with section 9 of Decree No. 1646 of 23 June 1972, permanent partial incapacity of at least 33 per cent gives entitlement to a lump sum equivalent to 24 months of the basic remuneration. The Committee points out in this connection that Article 36, paragraph 2, of the Convention provides that in the case of a partial loss of earning capacity likely to be permanent, or corresponding loss of faculty, the benefit shall be a periodical payment representing a suitable proportion of that specified for total loss of earning capacity or corresponding loss of faculty. It would therefore be grateful if the Government would indicate whether and, where appropriate, in what manner and under which provisions, workers who are victims of employment injury whose permanent incapacity to exercise their usual occupation is less than 100 per cent and greater than 33 per cent are entitled to a periodical payment in accordance with this provision of the Convention.

(c) Article 36 in relation with Article 65, paragraph 10. The Committee would be grateful if the Government would supply detailed information on the manner in which, in law and in practice, the readjustment is ensured of the rates of current periodical payments in respect of the permanent incapacity or death of victims of employment injury in order to take into account changes in the cost of living, in accordance with Article 65, paragraph 10, of the Convention. Please, in particular, supply all the statistical information requested in the report form adopted by the Governing Body under Title VI, Article 65.

(d) Article 38 in relation with Article 69. The Committee would be grateful if the Government would supply detailed information on the effect given in practice to section 11(c) of the Order of 13 February 1967, which provides for the termination of a widow's pension in the event of the loss or denial of paternal authority on one of the grounds set out in sections 169 and 171 of the Civil Code and in the event of absence which implies the abandonment of children. Please also supply the text of sections 169 and 171 of the Civil Code.

2. Part III (Sickness benefit), Article 18, and Part VI (Employment injury benefit), Article 38 - in relation with Article 69 (f). The Committee notes that by virtue of section 130 (b) of Decree No. 2065 of 30 May 1974, referred to above, entitlement to benefits for temporary incapacity to work can be refused, withdrawn or suspended if the incapacity has been caused or prolonged due to the "rash conduct" of the beneficiary. It requests the Government to supply detailed information on the manner in which this provision is applied in practice, in view of the fact that by virtue of Article 69 (f) of the Convention, the suspension of benefits is only authorised where the contingency has been caused by the wilful misconduct of the person concerned. Please, in particular, supply the text of any regulations or administrative measures adopted in this respect, and of any relevant judicial rulings.