National Legislation on Labour and Social Rights
Global database on occupational safety and health legislation
Employment protection legislation database
Display in: French - Spanish
Repetition The Committee invites the Government to provide in its next report the latest statistical information requested in the report form under Articles 16, 17 and 29 as well as to indicate how Article 34 establishing the right of appeal and complaint is applied in national law and practice.
The Committee appreciates the Government’s very detailed report received in 2006. The Committee invites the Government to provide in its next report the latest statistical information requested in the report form under Articles 16, 17 and 29 as well as to indicate how Article 34 establishing the right of appeal and complaint is applied in national law and practice.
The Committee notes the information in reply to its previous comments provided by the Government in its report, which was received on 22 December 2003.
The Committee also notes that Slovak social security has undergone many changes following the entry into force on 1 January 2004 of Act No. 461 of 2003 on social insurance and that a comprehensive reform of the pensions branch should enter into force 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 Articles of Part III of the Convention, read in conjunction with the provisions of Parts I, V, VI and VII, including statistics in the manner requested by the report form.
The Committee notes that the Government’s report has not been received. It has nonetheless examined available legislation on the application of the Convention and more particularly Act No. 100 of 1988 on social security. So that it may fully assess how the Convention is applied in practice, the Committee trusts that the Government will not fail to provide full information on the following points in its next report.
Article 16 of the Convention (Scope). The Government is asked to indicate whether it plans to avail itself of Article 16(a) or (b). If it opts for Article 16(a), the Committee draws the Government’s attention to the exclusions allowed under Article 37 of the Convention.
The Government is also asked to send all the statistical information required by the report form under Article 16, Part 3A or Bor under Article 37, Part B,of the Convention, according to the provision chosen.
Articles 17 and 18 (in conjunction with Article 26). The Committee requests the Government to provide all the statistics on the rates of old age benefits required by the report form under Article 26, Titles I and III. The Committee stresses the need to have such information available insofar as, in the Slovak system, old age benefits are based on the former earnings of the beneficiary and both the earnings counted in calculating the benefit and the amount of the benefit are subject to a ceiling. In this connection, the Committee draws the Government’s attention to Article 26, paragraph 3, which specifies that in such instances the maximum limit must be fixed in such a way that the provisions on the rate of the benefit are met in the case of a beneficiary whose former earnings are equal to or less than the wage of a skilled manual male employee. In selecting the skilled employee, the Government may wish to refer to Article 26, paragraph 6(d): "a person whose earnings are equal to 125 per cent of the average earning of all the persons protected".
Article 29 (Review of benefits). The Committee notes the information on the review of benefits sent by the Government in its report on Convention 102. It hopes that the next report will contain all the statistical information required by the report form under Article 29, Parts 2 and 3. Please also provide the text of Act No. 46 of 1991, as amended.
Article 30. Please indicate how the maintenance of rights in course of acquisition in respect of old age benefit is ensured.
Article 33. (Suspension of benefits in the event of simultaneous eligibility). Please provide information on the practical effect given to section 56(a) of Act No. 100 of 1988 with a view to clarifying its scope (such as the number of cases, circumstances in which use has been made of section 56(a), etc.).
Article 34 (Right of appeal). Please provide detailed information on the appeal procedure available to the beneficiaries of old age benefit, due account being taken of paragraph 2 of this provision under which the claimant may be represented or assisted by a qualified person of his choice or by a delegate of an organization representative of the persons protected.
Since some information, particularly statistics of the rate of old age benefit can be fairly complex, the Committee would remind the Government that it may call on the Office for technical assistance.
The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for an 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 takes note of the information provided by the Government in its report for the period ending 1 September 1996. The Committee 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.