Demande directe (CEACR) - adoptée 1994, publiée 81ème session CIT (1994)

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

The Committee notes the Government's report. It notes, however, that it does not contain the information requested in its previous comments, and therefore once again asks the Government to provide information on the following point.

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. In its previous comments the Committee noted the statistical information supplied by the Government in its fifth report on the application of the European Code of Social Security. It noted, however, that the Government did not state whether, for employees covered by the general scheme, the amount of old age, maternity and invalidity benefit (for invalids of the second category) corresponded, for a standard beneficiary, to the percentages required by the Convention, when the previous earnings of the beneficiary were equal to the wage of a skilled manual male employee, in accordance with the provisions of Article 65, paragraph 3, of the Convention (the wage taken into account for the calculation of benefits is subject to a ceiling). The Committee is bound once again to express the hope that the Government will be able to compile the required statistics relating to the above-mentioned provisions of the Convention in the manner set out in the report form adopted by the Governing Body indicating, in particular, the wage of a skilled manual male employee determined in accordance with Article 65, paragraph 6 or 7. The Committee also asks the Government to indicate the maximum wage taken into account for the calculation of the above benefits.

The Committee would also like to point out the following:

Part IV (Unemployment benefit). The Committee notes the information supplied by the Government in its report on Convention No. 44. It has also examined the new agreement of 1 January 1993 and its appended regulations. With particular reference to Article 24, paragraph 3, of the Convention, the Committee asks the Government to indicate how effect is given to this provision of the Convention which specifies that the benefit need not be paid for a waiting period of the first seven days in each case of suspension of earnings, in view of the fact that the new provisions of Article 4(B) of the joint agreement of 22 July 1993 on unemployment insurance and the tripartite agreement of 23 July 1993 have increased the waiting period from seven to eight days.

The Committee would also be grateful if the Government would provide detailed information on how effect is given in practice to the requirement in section 79(b) of the regulations appended to the above-mentioned agreement of 1 January 1993, that the payment of allowances must be interrupted on the day on which the person concerned is admitted to unremunerated training for a total period of at least 40 hours, and on how this ties in with the provisions on training allowances provided for in sections 53 et seq. of the regulations.