Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

Invalidity Insurance (Agriculture) Convention, 1933 (No. 38) - French Polynesia

See under Convention No. 37, as follows:

Article 9, paragraph 1(a), of the Convention. The Committee takes note of the information provided by the Government in its report. With respect to section 1 of resolution No. 83-47 of 28 March 1983, the Committee noted the statement of the Director of the Social Provident Fund of 3 September 1992 that inexcusable or wilful misconduct of the insured person may indeed result in disqualification from entitlement to benefits, but that, in practice, no situation of this type has yet occurred. In this regard, the Committee can only recall that the notion of inexcusable misconduct permits a case of disqualification from entitlement to benefits broader than that provided for in the Convention. Consequently, the Committee expresses the hope that, when the legislation is next revised, the Government will adopt the necessary measures to delete this case of disqualification. The Committee requests the Government to indicate in its next report the progress made in this respect. In the meantime, it would be grateful if the Government would keep it informed of the manner in which the above-mentioned section is applied in practice, when the case arises.