Posted the: 2012-10-11 Numac: 2011015137 FEDERAL Foreign Affairs, external trade and development COOPERATION PUBLIC SERVICE 3 April 1997. -Law approving Convention No. 168 concerning employment promotion and protection against unemployment, adopted in Geneva, on 21 June 1988 by the International Labour Conference at its seventy-fifth session (1) (2) ALBERT II, King of the Belgians, to all, present and future, hi.
The Chambers have adopted and we endorse the following: Article 1. This Act regulates a matter referred to in article 77, paragraph 1, 6 °, of the Constitution.
S. 2. the Convention No. 168 concerning employment promotion and protection against unemployment, adopted in Geneva on 21 June 1988 by the International Conference of labour at its seventy-fifth session, will release its full and complete effect.
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given at Chateauneuf-de-Grasse, April 3, 1997.
ALBERT by the King: the Minister for Foreign Affairs, E. DERYCKE. the Minister of employment and labour, Mrs M. SMET su seal seal of the State: the Minister of Justice, S. DE CLERCK _ Notes (1) Session 1996-1997 Senate Documents: Bill tabled on 22/03/1996, no. 1 - 304/1.
Report made on behalf of the Commission 1-304/2.
Text adopted by the Commission 1-304/3.
Parliamentary Annals Discussion, meeting of 8 January 1997.
Vote, meeting of January 9, 1997.
Room Session 1996-1997 Documents: draft transmitted by the Senate, no. 49-767/1.
Report made on behalf of the Committee 49-767/2.
Parliamentary Annals Discussion, meeting of 8 January 1997.
Vote, meeting of January 9, 1997.
(2) see Decree of the Flemish community / the Flemish Region of 19 March 2004 (Moniteur belge of 3 May 2004 - Ed 1), Decree of the French community of 14 July 1997 (Moniteur belge of January 14, 1998 - Ed 1), Decree of the German-speaking community of 15 December 1997 (Moniteur belge of 20 June 1998 - Ed 1), the Decree of the Walloon Region from July 20, 2011 (Moniteur belge of 8 August 2011 - Ed. 1 + 9 August 2011 - Ed.) 2), the order of the Region of Brussels - capital of 20 November 1997 (Moniteur belge of 14 January 1998 - Ed. 1) and the order of the common Community Commission of the Brussels-Capital Region of 10 December 1998 (Moniteur belge of 4 March 1999 - Ed.) 2.
Convention concerning employment promotion and protection against unemployment the General Conference of the International Labour Organization convened at Geneva by the governing body of the international labour office, and having met in its seventy-fifth session on 1 June 1988,
Stressing the importance of work and productive employment in any society, due not only to the resources they create for the community but revenues they bring to workers, the social role which they confer and the feeling of personal satisfaction that they provide;
Recalling the existing international standards in the field of employment and the protection against unemployment (convention and recommendation of unemployment, 1934; unemployment (young persons), 1935 recommendation and recommendation on the guarantee of means of existence, 1944; social security (minimum standards) convention, 1952; convention and recommendation on the policy on employment, 1964; convention and recommendation on the development of human resources) 1975; Convention and recommendation on the administration of labour, 1978; (and the policy of employment (supplementary provisions) recommendation 1984);
Whereas the extent of unemployment and underemployment affecting various countries of the world at all stages of development, and in particular the problems of young people, many of whom is looking for a first job;
Considering that, since the adoption of international instruments for the protection against unemployment mentioned above, occurred in the legislation and the practice of many members of important developments which necessitate the revision of existing standards, including the unemployment convention, 1934, and the adoption of new international standards relating to the promotion of full, productive and freely chosen employment by all appropriate means including social security;
Noting that the provisions relating to unemployment benefits of the convention on social security (minimum standards), 1952, fix a level of protection passed today by majority of compensation in the industrialized countries and have not yet been complemented by higher standards, unlike those relating to other services, but that the principles underlying this convention remain valid and that its standards can still be an objective to achieve by some developing countries in a position to establish a system of unemployment compensation;
Recognizing that policies promoting sustained and non-inflationary economic growth, a flexible response to changes as well as the creation and promotion of all forms of productive and freely chosen employment, including small businesses, cooperatives, self-employment and local employment initiatives, even by redistributing resources currently devoted to the financing of activities of pure assistance for the benefit of suitable activities to promote employment, including orientation, training and professional rehabilitation, offer the best protection against the adverse effects of involuntary unemployment, but that nevertheless involuntary unemployment exists and that therefore, it is important to ensure that social security systems provide assistance to employment and economic support to people who are unemployed for involuntary reasons;
After deciding to adopt various proposals relating to the promotion of employment and social security, which is the fifth item on the agenda of the session, in particular with regard to the revision of the unemployment convention, 1934;
Considering that these proposals should take the form of an international convention, adopts, this twenty-first day of June one thousand nine hundred and eighty-eight, the following convention, which will be referred to as Convention on the promotion of employment and protection against unemployment, 1988: I. provisions General Article 1 for the purposes of this convention: a) "legislation" means the laws and regulations , as well as the statutory social security provisions;
(b) "prescribed" means determined by or pursuant to national legislation.
Article 2 each Member shall take appropriate steps to coordinate its system of protection against unemployment and its employment policy. ÷ this end, it must ensure that its system of protection against unemployment and in particular the terms of the indemnification of unemployment contribute to the promotion of full, productive and freely chosen employment, and do not have effect of discouraging employers to offer, and workers find, productive employment.
Article 3 the provisions of this convention shall be implemented in consultation and collaboration with the organizations of employers and workers, in accordance with national practice.
Article 4 1.
Each Member which ratifies this convention may, by a declaration accompanying its ratification, exclude from the commitment resulting from the ratification provisions of part VII.
2. any Member which makes such a declaration may cancel it at any time by a subsequent declaration.
Article 5(1). Any Member may, by a declaration accompanying its ratification, to reserve the benefit of two to the more than temporary derogations provided for in paragraph 4 of article 10, paragraph 3 of article 11, paragraph 2 of article 15, paragraph 2 of article 18, paragraph 4 of article 19, paragraph 2 of article 23, paragraph 2 of article 24 and paragraph 2 of article 25. This statement shall state the reasons justifying such derogations.
2. Notwithstanding the provisions of paragraph 1, a member with the limited scope of the social security system justifies may, by a declaration accompanying its ratification, to reserve the benefit of the temporary derogations provided for in paragraph 4 of article 10, paragraph 3 of article 11, paragraph 2 of article 15, paragraph 2 of article 18, paragraph 4 of article 19 in paragraph 2 of article 23, paragraph 2 of article 24 and paragraph 2 of article 25.
This statement shall state the reasons justifying such derogations.
(3. each Member which has made a declaration pursuant to paragraph 1 or paragraph 2 shall, in the reports on the implementation of the convention that it is required to submit under article 22 of the Constitution of the International Labour Organization, awareness about each of the derogations which it booked earnings: has) is that the reasons he had to do this exist still;
(b) either he renounces, from a date determined, to avail themselves of the derogation in question.
(4. any Member which has made a declaration pursuant to paragraph 1 or paragraph 2 shall, depending on the purpose of his statement and when circumstances permit: a) cover the contingency of partial unemployment;
(b) increase the number of persons protected;
(c) increase the amount of compensation;
(d) reduce the length of the waiting period;
(e) extend the duration of payment of compensation;
(f) adapt statutory schemes of social security to the conditions of the professional activity of part-time workers;
(g) endeavour to ensure medical care to recipients of unemployment benefit and their dependants;
(h) strive to ensure consideration of the periods during which these benefits are paid for the acquisition of the right to social security benefits and, if applicable, for the calculation of invalidity benefits, old-age and survivors.
Article 6 1. Each Member shall ensure equality of treatment to all persons protected, without discrimination based on race, colour, sex, religion, political opinion, national extraction, nationality, the ethnic or social origin, disability or age.
2. the provisions of paragraph 1 do not preclude the adoption of special measures which are justified by the situation of specific groups under the schemes referred to in paragraph 2 of article 12, or to meet the specific needs of categories of persons who meet specific labour market problems, including disadvantaged groups, nor to the conclusion of bilateral or multilateral agreements between States concerning unemployment on a basis of reciprocity benefits.
II. Promotion of productive employment Article 7 each Member shall formulate, as a priority objective a policy designed to promote full, productive and freely chosen employment by all appropriate means, including social security. These methods should include the employment services, training and professional orientation.
Article 8 1. Each Member shall endeavour to establish, subject to the legislation and national practice, of special measures to promote additional job opportunities and employment assistance and facilitate productive and freely chosen employment specific categories of disadvantaged people who have or are likely to have difficulty in finding sustainable employment, such as women, young workers persons with disabilities, older workers, the long-term unemployed, migrant workers in a regular situation and workers affected by structural changes.
2. each Member shall specify, in its reports under article 22 of the Constitution of the international organization of work, the categories of persons for which it undertakes to promote employment measures.
3. each Member shall strive to gradually extend the promotion of employment in a number of categories higher than that which is covered at the origin.
Article 9 measures covered by this part must be guided by the convention and the recommendation on the development of human resources, 1975, and of the policy on employment (supplementary provisions) recommendation, 1984.
III. contingencies covered Article 10 1.
The contingencies covered shall include, under prescribed conditions, full unemployment defined as the loss of earnings due to inability to obtain suitable employment, with due regard to the provisions of paragraph 2 of article 21, to a person capable of working, available for work and actually seeking work.
(2 each Member shall endeavour to extend the protection of the convention, under prescribed conditions, to the following contingencies: a) the loss of earnings due to partial unemployment defined as a temporary reduction of the normal or statutory labour duration;
(b) the suspension or reduction of gain due to a temporary suspension of work, cessation of the employment relationship, including economic, technological, structural or similar grounds.
3. each Member shall in addition endeavour to provide for the payment of benefits to part-time workers who are actually looking for a full-time job. Total compensation and gains from their part-time jobs may be as it encourages them to take a job on a full-time basis.
4. where a declaration made under article 5 is in force, the implementation of paragraphs 2 and 3 may be delayed.
IV. protected persons Article 11 1. Protected persons shall comprise prescribed classes of employees forming a total 85 per cent at least of all employees, including public service officers and apprentices.
2. Notwithstanding the provisions of paragraph 1, officials of public service whose employment is guaranteed by national legislation up to the normal retirement age may be excluded from protection.
3. where a declaration made under article 5 is in force, the persons protected shall include: a) or the prescribed classes of employees forming a total 50 per cent at least of all the employees.
(b) or, if specifically justified by the level of development, prescribed classes of employees forming a total 50 per cent at least of all the employees working in industrial undertakings employing 20 people at least.
V. methods of protection Article 12 1. Any Member may determine the method or methods of protection by which it chooses to give effect to the provisions of the convention, whether contributory or non-contributory schemes, or the combination of such schemes, unless it otherwise provides by this convention.
2. However, if the legislation of a member protects all residents whose resources during the contingency do not exceed prescribed limits, the protection afforded may be limited depending on the resources of the beneficiary and his family in accordance with the provisions of article 16.
VI. compensation to assign Article 13 benefits paid to the unemployed in the form of periodic payments may be related to methods of protection.
Article 14 in the case of full unemployment, the allowances shall be paid in the form of periodic payments calculated to provide the beneficiary with partial and transient loss of gain compensation and at the same time avoid disincentives for work and job creation.
Article 15 1. In cases of full unemployment and suspension of the gain due to a temporary suspension of work without cessation of the employment relationship, if this eventuality is covered, the allowances shall be paid in the form of periodical payments calculated in the following manner: a) when these allowances are determined in relation to the contributions paid by the person protected or on its behalf or with its previous earnings they should be set at 50 per cent of the previous earnings in the possible limit of maximum compensation or gain related for example to the wage of a skilled worker or the average wage of workers in the region concerned;
(b) where these allowances are determined without report with contributions or previous earnings, they should be fixed at 50 per cent of the statutory minimum wage or of the wage of the ordinary operation or to the minimum necessary for basic expenses, the highest amount to be withheld.
2. where a declaration made under article 5 is in force, the amount of compensation must be at least equal: has) to 45 per cent of the previous earnings;
(b) or 45 per cent of the statutory minimum wage or of the wage of the ordinary manoeuvre, without that this percentage can be less than the required minimum amount for essential expenses.
3. If appropriate, the percentages specified in paragraphs 1 and 2 can be reached by comparing NET periodical payments contribution with the net gain of tax and fee and tax.
Article 16 notwithstanding the provisions of article 15, the allowances after the initial term specified in paragraph has), of paragraph 2 of article 19, as well as allowances by a Member referred to in paragraph 2 of article 12, may be laid down, taking into account other resources available to the beneficiary and his family beyond a prescribed limit, according to a schedule prescribed. In any case, these benefits, combined with all other benefits to which they may be entitled, must guarantee proper, and healthy living conditions according to national standards.
Article 17 1. If the legislation of a Member makes the right to benefits from unemployment to the completion of an internship, this internship must not exceed the length deemed necessary to avoid abuse.
2. each Member shall endeavour to adapt the course to the conditions of the professional activity of seasonal workers.
Section 18 (1).
If the legislation of a member provides that benefits begin to be paid in case of full unemployment only after the expiry of a waiting period, the duration of this period shall not exceed seven days.
2. where a declaration made under article 5 is in force, the duration of the waiting period shall not exceed ten days.
3. when it comes to seasonal workers, the waiting period provided for in paragraph 1 may be adapted to the conditions of their professional activity.
Article 19 1. The benefits awarded in the event of full unemployment and suspension of the gain due to a temporary suspension of work without cessation of the employment relationship shall be paid throughout these contingencies.
2. However, in the case of full unemployment: a) the initial duration of payment of benefits referred to in article 15 may be limited to 26 weeks by case; unemployment, or thirty-nine weeks in any period of 24 months
in the event of extension of unemployment at the end of this initial period of compensation, the duration of payment calculated benefits eventually based on the resources of the beneficiary and his family, in accordance with the provisions of article 16, may be limited to a prescribed period.
3. If the legislation of a member provides that the initial duration of payment of benefits referred to in article 15 is scaled according to the duration of the internship, stipulated for the payment of benefits must be at least twenty-six weeks.
4. where a declaration made under article 5 is in force, the duration of payment of compensation may be limited to 13 weeks in any period of twelve months, or at an average of thirteen weeks if the legislation provides that the initial duration of payment is scaled according to the duration of the internship.
(5. in the case referred to in paragraph (b)) of paragraph 2, each Member shall endeavour to grant interested parties additional appropriate assistance to enable them to find a productive and freely chosen employment, including through the measures laid down in part II.
6. the duration of payment of indemnities to seasonal workers may be adapted to the conditions of their professional activity, without prejudice to the provisions of paragraph (b)), paragraph 2.
Article 20 the compensation to which a protected person would have been entitled in the contingencies of full or partial unemployment, or suspension of the gain due to a temporary suspension of work without cessation of the employment relationship, can be denied, terminated, suspended or reduced to a prescribed extent: has) as long the person concerned is not in the territory of the Member;
(b) where, at the discretion of the competent authority, the person concerned has deliberately contributed to his dismissal;
(c) when, at the discretion of the competent authority, the person concerned has voluntarily left her employment without cause legitimate;
(d) for the duration of a trade dispute, when the person concerned ceased work to take part in this conflict or when he is unable to work as a direct result of a stoppage of work attributable audit conflict;
e) when the person tried to obtain or fraudulently obtained benefits;
(f) when the person concerned has neglected, without legitimate reason, to use the services made available for placement, orientation, training, professional conversion or rehabilitation in suitable employment;
g) as long as the person concerned receives another benefit of income maintenance provided by the legislation of the Member concerned, with the exception of a family benefit, provided that the portion of the benefits which is suspended does exceed not the other benefit.
Article 21 1.
The allowances to which a protected person would have been entitled in the case of full unemployment may be rejected, deleted, suspended or reduced, to a prescribed extent, when the person concerned refuses to accept suitable employment.
2. in the assessment of the suitability or non-employment, it must be taken into account in particular, under prescribed conditions and to the extent appropriate, to the age of the unemployed, of his seniority in his previous profession, of the experience gained, of the duration of unemployment, of the State of the labour market, repercussions from this job on the personal and family circumstances of the person concerned and the fact that employment is available as a direct result of a stoppage of work due to a ongoing professional conflict.
Article 22 where a protected person has received directly from his employer or any other source, under national legislation or a collective agreement, severance pay with the main function of help to offset the loss of earnings suffered in the event of full unemployment: a) the unemployment benefit to which the person concerned would be entitled may be suspended for a period corresponding to that during which severance pay to compensate for the loss of earnings suffered; or b) severance pay may be reduced by an amount corresponding to the value converted to a single payment of unemployment benefit to which the person concerned would be entitled for a corresponding period than during which severance pay to compensate for the loss of earnings suffered, at the option of each Member.
Article 23 1.
Any member whose legislation covers medical care and in subordinated directly or indirectly the right to a condition of professional activity shall endeavour to ensure, under prescribed conditions, medical care to recipients of unemployment benefits, as well as to their dependants.
2. where a declaration made under article 5 is in force, the implementation of paragraph 1 may be deferred.
Article 24 1. Each Member shall, under prescribed conditions, strive to ensure that the beneficiaries of unemployment benefits taking into account the periods during which these benefits are paid: has) for the acquisition of the right and, where appropriate, the calculation of disability, old age and survivors;
(b) for the acquisition of the right to medical care, sickness and maternity allowances and family after the end of unemployment, when benefits the legislation of the Member provides such benefits and in subordinates directly or indirectly the law a condition of professional activity.
2. where a declaration made under article 5 is in force, the implementation of paragraph 1 may be deferred.
Article 25 1. Each Member shall ensure the adaptation of statutory social security schemes which are linked to the exercise of a professional activity in the conditions of the professional activity of workers part-time whose hours of work or earnings may, under prescribed conditions, be considered to be negligible.
2. where a declaration made under article 5 is in force, the implementation of paragraph 1 may be deferred.
VII. provisions specific to the new job seekers Article 26 1. Members must take into consideration the fact that there are many categories of persons seeking work who have never been recognized as unemployed or have ceased to be, or who have never belonged to unemployment compensation schemes or ceased to belong. Accordingly, three at least of the ten categories of following persons seeking employment, must beneficierde social benefits, under conditions and in a prescribed manner: has) young people who have completed their vocational training;
b) young people who have completed their studies;
c) young people released from compulsory military service;
(d) any person at the end of a period that she dedicated to the upbringing of a child or to care for a sick, disabled or elderly person;
e) people whose spouse died, when they are not entitled to a survivor's benefit;
(f) persons divorced or separated;
g) detainees released;
h) adults, including disabled persons, who have completed a period of training;
(i) migrant workers on their return to their country of origin, subject to their acquired rights under the legislation of their country of work);
(j) persons who previously worked on their own account).
2. each Member shall specify, in its reports under article 22 of the Constitution of the International Labour Organisation, the categories of persons referred to in paragraph 1 is committed to protect.
3. each Member shall endeavour to progressively extend the protection to a number of categories of people higher than that originally agreed.
VIII. safeguards legal, administrative and financial section 27 1. In case of refusal, deletion, suspension, reduction of allowances or dispute on their amount, every applicant must have the right to present a claim before the agency that administers the system of benefits and subsequent appeal to an independent body. The applicant shall be informed in writing of the procedures, which must be simple and fast.
2. the appeal procedure shall enable the applicant, in accordance with the legislation and practice, to be represented or assisted by a qualified person of his choice, by a delegate of an organisation representing workers or a delegate of an organisation representative of protected persons.
Article 28 a member must take general responsibility for the proper administration of the institutions and services that contribute to the implementation of the convention.
Article 29 1. When the administration is directly ensured by a Department Government accountable to Parliament, the representatives of the protected persons and employers should, under prescribed conditions, be associated with it in an advisory capacity.
2. when the administration is not provided by a Government Department responsible for before a Parliament: has) with representatives of the persons protected shall participate in the administration or be associated with consultative power under prescribed conditions;
(b) national legislation may also provide for the participation of representatives of employers;
(c) the law may also provide for the participation of representatives of the public authorities.
Article 30 when grants are awarded by the State or the social security system to safeguard jobs, members shall take the necessary measures to ensure the assignment
exclusive of these grants to the intended purpose and to prevent fraud or abuse on the part of the beneficiaries.
Article 31 this convention revises the unemployment convention, 1934.
Article 32 the formal ratifications of this convention shall be communicated to the Director-general of the international Bureau of labour and by him registered.
Article 33 1. This agreement shall bind the members of the International Labour Organization whose ratification will have been registered by the Director general.
2. it will enter into force 12 months after the ratifications of two members are registered by the Director-general.
3. Subsequently, this convention shall enter into force for each Member twelve months after the date where its ratification has been registered.
Article 34 1. Any Member that has ratified this convention may denounce on the expiry of a period of ten years after the date of the initial implementation of the convention, by an act communicated to the Director-general of the international labour office and by him registered. The denunciation will take effect a year after having been registered.
2. any Member that has ratified this Agreement who, within the period of one year after the expiry of the period of ten years mentioned in the preceding paragraph, will not make use of the option of denunciation provided for in this article will be bound to a new period of ten years and, thereafter, may denounce this convention at the expiration of each period of ten years under the conditions laid down in this article.
Section 35 (1).
The Director general of the international labour office shall notify all members of the International Labour Organization of the registration of all ratifications and denunciations that will be communicated to him by the members of the organization.
2. by notifying Members of the Organization to the registration of the second ratification which will have been communicated to him, the Director-general will draw the attention of the members of the Organization on the date on which this convention enters into force.
Article 36 the Director general of the international labour office shall communicate to the Secretary-General of the United Nations, for registration in accordance with article 102 of the Charter of the Nations United, complete information about all ratifications and acts of denunciation that it will be registered in accordance with the preceding articles.
Article 37 each time that it deems necessary, the governing body of the international labour office will present to the General Conference a report on the implementation of the convention and examine whether it is appropriate to include in the agenda of the Conference the question of its revision in whole or in part.
Article 38 1.
A_le_cas_ou the Conference adopt a new convention on the total or partial revision of this convention, and unless the new convention otherwise provides: a) the ratification by a member of the new revising convention would of right, notwithstanding article 34 above, involve the immediate denunciation of this convention, provided that the new revising convention is in force;
(b) from the date of the entry into force of the new revising convention, this convention would cease to be open to ratification by the members.
2. the convention would remain in force in its form and content for the members which have ratified it but have not ratified the revising convention.
Article 39 the French and English versions of the text of this convention are equally authentic.
Convention No. 168 concerning employment promotion and protection against unemployment, adopted in Geneva on 21 June 1988 by the International Conference of labour at its seventy-fifth session EtatsDate authentificationType of consentementDate Consentemententree in local force Albania Ratification04/08 200604/08/2007 Belgium Ratification21/10/201121/10/2012 Brazil Ratification24/03/199324/03/1994 Finland Ratification19/12/199019/12/1991 Norway Ratification19/06/199017/10/1991 Romania Ratification15/12/199215/12/1993 Sweden Ratification18/12/199018. 12/1991 Switzerland Ratification17/10/199017/10/1991