Council of Europe. Resolution CSS (98) 2 on the application of the European code of social security by Cyprus

COUNCIL OF EUROPE

COMMITTEE OF MINISTERS

________

RESOLUTION CSS (98) 2

ON THE APPLICATION OF THE EUROPEAN CODE OF SOCIAL SECURITY

BY CYPRUS

(Period from 1 July 1996 to 30 June 1997)

(Adopted by the Committee of Ministers on 18 September 1998

at the 641st meeting of the Ministers’ Deputies)

 

The Committee of Ministers,

In exercise of the functions conferred upon it by Article 75 of the European Code of Social Security (hereinafter referred to as the « Code »), and with a view to supervising the application of these two instruments by the Contracting Parties ;

Whereas the Code, signed on 16 April 1964, entered into force on 17 March 1968 and since 16 April 1993 have been binding on Cyprus, which ratified it on 15 April 1992;

Whereas, when ratifying the Code, the Cyprus Government stated that it accepted, in addition to the parts which must be applied by every Contracting Party (Parts I, XI, XII, XIII and XIV), the following parts of the Code:

- Part III on « sickness benefit »,

- Part IV on « unemployment benefit »,

- Part V on « old-age benefit »,

- Part VI on « employment injury benefit »,

- Part IX on « invalidity benefit »,

- Part X on « survivors’ benefit » ;

Whereas, in pursuance of paragraph 1 of Article 74 of the Code, the Government of Cyprus submitted, on 29 August 1997, its 4th annual report on the application of the Code, for the period from 1 July 1996 to 30 June 1997;

Whereas, in accordance with paragraph 4 of Article 74, that report was examined by the ILO Committee of Experts for the Application of Conventions and Recommendations, at its 68th session in November-December 1997;

Whereas, in accordance with paragraph 5 of Article 74, this report and the conclusions adopted thereon by the above-mentioned Committee were examined by the Committee of Experts on Standard-Setting instruments in the Social Security Field, at its first meeting on 29 May 1998;

Having considered the conclusions reached by the above-mentioned Committee after examination of the aforesaid documents;

Recalling Resolution CSS (97) 2 on the 3rd report submitted by the Government of Cyprus in pursuance of paragraph 1 of Article 74 of the Code,

Notes:

a. concerning Part III (Sickness benefit), Article 18 of the Code, that the Government’s statement made in its previous report that in the overwhelming majority of cases claimants can receive sickness benefit for 26 weeks;

b. concerning Part XII (Common provisions), Article 68(f), of the Code, in relation to Part IV (Unemployment benefit), that certain cases of suspension of unemployment benefit mentioned by the Government in its previous report as involving loss of employment through the fault of the worker in accordance with section 35(2)(a) of the Social Insurance Law, such as unsatisfactory performance of duties or negligence in the execution of duties resulting in damage to the employer, may go beyond the limits set in Article 68(f) of the Code, which permits the suspension of unemployment benefit only in case of wilful misconduct of the person concerned;

Finds that Cyprus continues to give effect to the Parts of the Code which have been accepted, subject to the following points which it has already raised in its previous resolution and to which no reply is given in the Government’s report;

Decides to invite the Government of Cyprus :

a. concerning Part III (Sickness Benefit), Article 18 of the Code, to indicate the measures taken or contemplated to bring the national legislation into full conformity with Article 18 of the Code (taken in conjunction with Article 17), so as to ensure that all protected persons who meet the minimum qualifying period of contribution stipulated in section 32 and the third schedule of the Social Insurance Law shall be guaranteed sickness benefit for a minimum of 26 weeks in each case of illness;

b. concerning Part XII (Common provisions), Article 68(f), of the Code, in relation to Part IV. (Unemployment benefit), to indicate, in its next report, the measures taken or contemplated to ensure that, in practice, the unemployment benefit is suspended only in cases of willful misconduct, in accordance with this provision of the Code.



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