Solicitud directa (CEACR) - Adopción: 2024, Publicación: 113ª reunión CIT (2025)

Chequia

Convenio sobre la seguridad social (norma mínima), 1952 (núm. 102) (Ratificación : 1993)
Convenio sobre las prestaciones de invalidez, vejez y sobrevivientes, 1967 (núm. 128) (Ratificación : 1993)
Convenio sobre asistencia médica y prestaciones monetarias de enfermedad, 1969 (núm. 130) (Ratificación : 1993)

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), 128 (old-age, invalidity and survivors’ benefits), and 130 (medical care and sickness benefits) together.

The Committee takes note of the observations of the Confederation of Industry and Transport (SP ČR), communicated with the Government’s report.

The Committee takes note of the information provided by the Government in relation to: (i) suspension of unemployment benefits; (ii) provision of medical care regardless the origin of the sickness; (iii) level and suspension of family benefits; and (iv) coordination of sickness and invalidity benefits.

Part VIII (Maternity benefits) and Part XI (Standards to be complied with by periodical payments). Article 65(5) and (6) of Convention No 102. Composition of the salary of the standard beneficiary. The Committee takes note of the information that the salary of the standard beneficiary for the calculation of maternity benefits equals 38,693 Czech korunas, which would be the gross salary of a metal operator belonging to the “Craft and related trades workers” occupation classification. The Committee observes that, according to section 37 of the Sickness Insurance act, maternity cash benefits are calculated based on the 70 per cent of the daily assessment base (DAB), established by sections 18 and 21. The Committee further observes that the DAB is calculated using a percentage of reduction of the nominal daily salary. The Committee notes that up to 1,345 korunas a day no reduction is applied, from 1,345 to 2,017 korunas a day, 40 per cent of reduction is applied, and from 2,017 to 4,033 korunas a day, 70 per cent of reduction is applied. The Committee notes that the DAB calculated in relation to the standard beneficiary would be 1,272.10 korunas. The Committee further observes that, according to the Czech Statistical Office, the “Craft and related trades workers” sector employs only 1.58 per cent of all employed women and that the average wage in Czechia for 2022 was 43,413 korunas. The Committee recalls that Article 65(5) establishes that for the other beneficiaries, the benefit shall bear a reasonable relation to the benefit for the standard beneficiary. Taking into account the reduction tiers used to calculate the DAB, the Committee requests the Government to provide: (i) information on which option of Article 65(6) better represents the standard beneficiary elected, indicating the parameters taken into account in this regard and comparing it with the average wage in Czechia for the same period; and (ii) statistical information on the number of women who received maternity cash benefits, their average salary and the total amount of benefits paid during the period under review, indicating how many of them have had their DAB reduced for the calculation of benefits.

Parts IX (Invalidity benefits), X (Survivors’ benefits) and XI (Standards to be complied with by periodical payments). Articles 57 and 63, and the Schedule appended to Part XI, of Convention No. 102. Qualifying conditions. The Committee takes note of the calculation presented by the Government that indicates that the percentage of the invalidity benefits in relation to the standard beneficiary salary elected is around 41 per cent for a worker with 30 years of insurance. The Government also indicates that survivors’ benefits would be paid at a rate of 68 per cent of the invalidity pension, also in relation to a period of 30 years of insurance of the deceased worker. The Committee wishes to recall that Articles 57(1) and 63(1) of the Convention establish that the respective benefits shall be guaranteed at the levels prescribed by the Schedule appended to PartXI to a worker or to his/her survivors, after a contribution period of 15 years. The Committee therefore requests the Government to provide, by means of calculations, information in relation to the level benefits paid to a standard beneficiary with 15 years of contributions to the social security system, demonstrating how such benefits attain the levels prescribed by the Schedule appended to Part XI of the Convention. In addition, the Committee requests the Government to provide statistical information on the number of insured workers or their survivors who received invalidity and survivors’ benefits, and the total amount paid during the period under review for each branch.

Article 18(2) of Convention No. 128. Payment of a reduced old-age pension. The Committee takes note of the information provided that proportional old-age pension can be provided to an insured worker between the age of 65 and 70 years and who has completed 15 years of contributions, depending on the year of birth of the beneficiary. The Government also indicates that if the beneficiary is a woman, retirement age can be reduced when she has children and was born before 1971. The Committee observes that according to section 32(3) of the Pension Insurance Act, for insured workers who were born after 1971, retirement age is 65 years, and that for those born between 1936 and 1971, the retirement age is determined in accordance with the Annex to the Act. The Committee further observes that according to section 29(2)(a) of the same Act, it is only possible to apply for reduced pension with 15 years of insurance at the age of 65 if the worker reached that age before 2010. The Committee recalls that Article 18(2) of the Convention guarantees a partial pension to all workers who have completed 15 years of insurance, at the statutory retirement age, which today is 65 years in Czechia, for male and female workers. In this context, the Committee requests the Government to ensure that all workers who have completed 15 years of insurance and 65 years of age are entitled to a reduced pension, regardless of their year of birth, their gender or whether they have children.

Article 32 of Convention No. 128. Suspension of old-age pension. The Committee notes that the Government did not provide information on the situations in which suspension of old-age pension is allowed. The Committee observes that Chapter 8 of the Pension Insurance Act, introduced by Act No. 455/2022, of 1 January 2023, provides that old-age pensions can be partially suspended with respect to representatives of the communist party who were insured persons during the period from 25 February 1948 to 17 November 1989. The percentage or amount of suspension is established according to the rules of sections 67e and 67f of the Act. In view of the new legislation, the Committee requests the Government to indicate how many insured persons receiving or to receive old-age pension are to be affected by the partial suspension authorized by Act No. 455/2022, in relation to the percentage of total persons covered, and whether there is a limitation to its application, such as up to a guaranteed minimum pension. Furthermore, the Committee requests the Government once more to provide specific information concerning other situations in which old-age pensions can be suspended.

Article 28 of Convention No. 130. Suspension of sickness benefits. The Committee takes note of the information that proceedings related to the provision of sickness benefits are carried out by individual district social security administrations, including in relation to disputes arising from its concession, duration, payment and termination, in accordance with section 130 of the Social Insurance Act. The Committee observes that according to section 31(b) of the Sickness Insurance Act, the level of sickness benefits can be halved if the temporary incapacity is a direct result of the abuse of alcohol or narcotic and psychotropic substances. The Committee recalls that causes for suspension of benefits related to the insured’s wilful and serious misconduct are limited to those stated in Article 28(c), (d) and (e) of the Convention. In this regard, the Committee requests the Government to provide further information onhow the social security administration satisfies itself that the intoxication by alcohol or narcotic and psychotropic substances has been caused by wilful misconduct, and not by accident, negligence or other factors beyond the control of the beneficiary (such as a medical disorder).