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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)

Original Language Title: Loi portant assentiment à la Convention n° 168 concernant la promotion de l'emploi et la protection contre le chômage, adoptée à Genève, le 21 juin 1988 par la Conférence internationale du Travail lors de sa soixante-quinzième session (1) (2)

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3 AVRIL 1997. - An Act to Enact Convention No. 168 concerning the Promotion of Employment and Protection from Unemployment, adopted at 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 to come, Hi.
The Chambers adopted and We sanction the following:
Article 1er. This Act regulates a matter referred to in section 77, paragraph 1er6° of the Constitution.
Art. 2. Convention No. 168 concerning the promotion of employment and protection against unemployment, adopted at Geneva on 21 June 1988 by the International Labour Conference at its seventy-fifth session, will come out its full and full effect.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given at Châteauneuf-de-Grasse, April 3, 1997.
ALBERT
By the King:
Minister of Foreign Affairs,
E. DERYCKE
Minister of Employment and Labour,
Ms. M. SMET
Sealed from the state:
Minister of Justice,
S. DE CLERCK
____
Notes
(1) Session 1996-1997
Senate
Documents:
Bill tabled on 22/03/1996, No. 1-304/1.
Report on behalf of the Commission 1-304/2.
Text adopted by the Commission 1-304/3.
Annales parlementaire
Discussion, meeting of 8 January 1997.
Voting, meeting of 9 January 1997.
Room
Session 1996-1997
Documents:
Project transmitted by the Senate, No. 49-767/1.
Report on behalf of the Commission 49-767/2.
Annales parlementaire
Discussion, meeting of 8 January 1997.
Voting, meeting of 9 January 1997.
(2) See decree of the Flemish Community/ Flemish Region of 19 March 2004 (Moniteur belge du 3 mai 2004 - Ed. 1), the decree of the French Community of 14 July 1997 (Moniteur belge du 14 janvier 1998 - Ed. 1), the decree of the German-speaking Community of 15 December 1997 (Moniteur belge du 20 juin 1998 - Ed. 1), the decree of the Walloon Region of 20 July 2011 (Moniteur belge

Convention on the Promotion of Employment and Protection from Unemployment
The General Conference of the International Labour Organization,
Convened in Geneva by the Board of Directors of the International Labour Office, meeting on 1er June 1988, at its seventy-fifth session;
Emphasizing the importance of labour and productive employment in every society, not only because of the resources they create for the community but the income they bring to the workers, the social role they give them and the sense of personal satisfaction they provide them;
Recalling existing international standards in the field of employment and protection from unemployment (convention and recommendation of unemployment, 1934; recommendation on unemployment (young people), 1935; recommendation on the guarantee of means of existence, 1944; Social Security Convention (minimum standard), 1952; Employment Policy Convention and Recommendation, 1964; Human Resources Development Convention and Recommendation, 1975; Labour Administration Convention and Recommendation, 1978; and Recommendation on Employment Policy (Supplementary Provisions), 1984);
Considering the extent of unemployment and underemployment that affect various countries in the world at all stages of development, including the problems of young people, many of whom are looking for a first job;
Considering that, since the adoption of the international instruments concerning the protection against unemployment mentioned above, it has occurred in the legislation and practice of many Members of important developments that make necessary the revision of existing norms, 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 the unemployment benefits of the social security agreement (minimum standard), 1952, set a level of protection outdated today by most of the compensation schemes existing in the industrialized countries and have not yet been supplemented by higher standards, in contrast to those relating to other benefits, but that the principles on which this agreement is based remain valid and that its standards can still be a measure to achieve
Recognizing that policies that generate 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 initiatives in favour of employment, even by the redistribution of resources currently devoted to the financing of pure assistance activities, to the benefit of activities that promote employment, including
After having decided to adopt various proposals for the promotion of employment and social security, which constitutes the fifth item on the agenda of the session, with a view, in particular, to the revision of the unemployment agreement, 1934;
Considering that these proposals should take the form of an international convention,
adopts this twenty-first day of June nine hundred and eighty-eight, the following convention, which will be called the Employment Promotion and Protection against Unemployment Convention, 1988:
I. General provisions
Article 1er
For the purposes of this Convention:
(a) the term "laws" includes laws and regulations, as well as statutory social security provisions;
(b) the term "prescribed" means determined by or under national legislation.
Article 2
Any Member must take appropriate measures to coordinate its unemployment protection regime and its employment policy. ÷ this end, it must ensure that its regime of protection against unemployment and in particular the modalities of compensation for unemployment contribute to the promotion of full, productive and freely chosen employment, and do not discourage employers from offering, and workers from seeking, productive employment.
Article 3
The provisions of this Agreement shall be implemented in consultation and collaboration with employers and workers organizations, in accordance with national practice.
Article 4
1. Any Member who ratifys this Convention may, by a declaration accompanying its ratification, exclude from the undertaking resulting from that ratification the provisions of Part VII.
2. Any Member who made such a statement may cancel it at any time by a subsequent declaration.
Article 5
1. Any Member may, by a declaration accompanying his ratification, reserve the benefit of not more than two of the temporary exemptions 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 must state the reasons for these exemptions.
2. Notwithstanding the provisions of paragraph 1era Member whose limited scope of the social security system justifies it may, by a declaration accompanying its ratification, reserve the benefit of the temporary exemptions 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 must state the reasons for these exemptions.
3. Any Member who made a statement pursuant to paragraph 1er or paragraph 2 shall, in the reports on the application of this Convention, make known, in respect of each of the derogations reserved to it, in relation to each of the derogations of which it has reserved the benefit:
(a) that the reasons he has had to do so still exist;
(b) to waive, from a specified date, the exemption in question.
4. Any Member who made a statement pursuant to paragraph 1er or paragraph 2 shall, depending on the purpose of its declaration and where the circumstances permit it:
(a) cover the possibility of partial unemployment;
(b) Increase the number of protected persons;
(c) increase the amount of compensation;
(d) reduce the duration of the waiting period;
(e) extend the period of payment of compensation;
(f) adapting the legal social security regimes to the conditions of the occupational activity of part-time workers;
(g) endeavour to ensure medical care for the beneficiaries of unemployment benefits and their dependants;
(h) endeavour to ensure consideration of the periods in which these allowances are paid for the acquisition of the right to social security benefits and, where applicable, for the calculation of disability, old age and survivor benefits.
Article 6
1. Any member must ensure equal treatment for all protected persons, without discrimination on the basis of race, colour, sex, religion, political opinion, national descent, nationality, ethnic or social origin, disability or age.
2. The provisions of paragraph 1er do not oppose the adoption of special measures that are justified by the situation of specific groups, within the framework of the regimes referred to in paragraph 2 of Article 12, or intended to meet the specific needs of categories of persons who encounter special problems in the labour market, including disadvantaged groups, or the conclusion of bilateral or multilateral agreements between States relating to unemployment benefits on a basis of reciprocity.
II. Promotion of productive employment
Article 7
Any Member shall formulate, as a priority objective, a policy to promote full, productive and freely chosen employment, by all appropriate means, including social security. These means should include employment services, training and vocational guidance.
Article 8
1. Every Member shall endeavour to establish, subject to national legislation and practice, special measures to promote additional employment opportunities and employment assistance and to facilitate the productive and freely chosen employment of defined categories of disadvantaged persons who have or are likely to have difficulties in finding sustainable employment, such as women, young workers, persons with disabilities, older workers, unemployed persons
2. Each Member shall specify, in his reports under Article 22 of the Constitution of the International Labour Organization, the categories of persons for whom he undertakes to promote employment measures.
3. Each Member must strive to progressively extend the promotion of employment to a number of categories higher than that originally covered.
Article 9
The measures referred to in this Part must be based on the Human Resources Development Convention and Recommendation, 1975, and the Employment Policy Recommendation (Supplementary Provisions), 1984.
III. Eventualities covered
Article 10
1. The coverage must include, under prescribed conditions, the complete unemployment defined as the loss of earnings due to the impossibility of obtaining suitable employment, with due regard to the provisions of paragraph 2 of Article 21, for a person capable of working, available for work and in search of employment.
2. Any Member shall endeavour to extend the protection of the Convention, in prescribed conditions, to the following circumstances:
(a) loss of earnings due to partial unemployment defined as a temporary reduction in the normal or legal duration of work;
(b) suspension or reduction of gain due to temporary work suspension,
without termination of the working relationship, including economic, technological, structural or similar reasons.
3. In addition, any Member shall endeavour to provide for the payment of compensation to part-time workers who are effectively seeking full-time employment. The total allowances and gains from part-time employment may be such that they are encouraged to take full-time employment.
4. Where a statement made under section 5 is in force, the implementation of paragraphs 2 and 3 may be postponed.
IV. Protected persons
Article 11
1. Protected persons must include prescribed categories of employees in a total of 85 p.c. at least all employees, including public servants and apprentices.
2. Notwithstanding the provisions of paragraph 1er, public servants whose employment is guaranteed by national legislation up to the normal retirement age may be excluded from protection.
3. Where a declaration made under section 5 is in force, protected persons shall include:
(a) the prescribed categories of employees forming a total of 50 p.c. at least of all employees;
(b) or, if the level of development specifically justifies, prescribed categories of employees forming a total of 50 p.c. at least of all employees working in industrial enterprises who employ at least 20 persons.
V. Methods of protection
Article 12
1. Any Member may determine the method or methods of protection by which he or she chooses to give effect to the provisions of the Convention, whether contributive or non-contributory regimes, or the combination of such regimes, unless otherwise provided by this Agreement.
2. However, if the legislation of a Member protects all residents whose resources during the event do not exceed the prescribed limits, the protection granted may be limited according to the resources of the beneficiary and his family in accordance with the provisions of Article 16.
VI. Allowances
Article 13
Benefits paid to unemployed persons in the form of periodic payments may be related to methods of protection.
Article 14
In the case of complete unemployment, compensation must be paid in the form of periodic payments calculated in order to provide the beneficiary with partial and transitional compensation for the loss of earnings and to avoid at the same time deterrent effects for work and job creation.
Article 15
1. In cases of complete unemployment and suspension of earnings due to a temporary suspension of work without termination of the working relationship, if the latter eventuality is covered, allowances shall be paid in the form of periodic payments calculated as follows:
(a) where such allowances are determined in respect of contributions made by the protected person or on his or her behalf or with his or her prior gain, they shall be set at 50 p.c. at least of the prior gain within the possible maximum of compensation or gain related, for example, to the salary of a qualified worker or to the average wage of workers in the area concerned;
(b) where these allowances are determined without the contribution or the prior gain, they shall be set at 50 p.c. at least the legal minimum wage or the regular manoeuvring salary, or the minimum amount required for essential expenses, the highest amount to be retained.
2. Where a declaration made under section 5 is in force, the amount of the allowances must be at least equal:
(a) or 45 per cent of the prior gain;
(b) 45 p.c. of the legal minimum wage or regular manoeuvring salary, without the minimum amount required for essential expenses.
3. If appropriate, the percentages specified in paragraphs 1er and 2 may be achieved by comparing the net periodic tax and contribution payments with the net tax and contribution gain.
Article 16
Notwithstanding the provisions of section 15, the allowances paid after the initial period specified in paragraph (a) of section 19, paragraph 2, and the allowances paid by a Member referred to in paragraph 2 of section 12, may be fixed, taking into account other resources available to the beneficiary and his family beyond a prescribed limit, in accordance with a prescribed scale. In any case, these allowances, combined with any other benefits to which they may be entitled, must guarantee them safe and adequate living conditions, according to national standards.
Article 17
1. If the legislation of a Member provides for the right to unemployment benefits to the completion of an internship, this internship shall not exceed the period considered necessary to avoid abuse.
2. Every Member must endeavour to adapt the internship to the conditions of the professional activity of seasonal workers.
Article 18
1. If a Member's legislation provides that the allowances will not begin to be paid in the event of complete unemployment until a waiting period expires, the duration of this period shall not exceed seven days.
2. Where a statement made under section 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 1er can be adapted to the conditions of their professional activity.
Article 19
1. Compensation awarded in the event of complete unemployment and suspension of earnings due to a temporary suspension of work without termination of the working relationship shall be paid for the duration of such eventualities.
2. However, in the event of complete unemployment:
(a) the initial period of payment of compensation referred to in Article 15 may be limited to twenty-six weeks per case of unemployment, or to thirty-nine weeks in any period of twenty-four months;
(b) in the event of an extension of unemployment upon the expiration of this initial period of compensation, the period of payment of compensation that may be calculated on the basis of 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 period of payment of the allowances referred to in Article 15 shall be phased according to the duration of the internship, the average of the duration of the allowances shall be at least twenty-six weeks.
4. Where a statement made under section 5 is in force, the period of payment of the allowances may be limited to 13 weeks in a twelve-month period or to an average of 13 weeks if the legislation provides that the initial duration of the payment is phased according to the duration of the internship.
5. In the case referred to in paragraph 2 (b), any Member shall endeavour to provide appropriate additional assistance to the interested parties to enable them to return to productive and freely chosen employment, including through the measures specified in Part II.
6. The amount of compensation paid to seasonal workers may be adapted to the conditions of their work, without prejudice to the provisions of paragraph 2 (b).
Rule 20
Compensation to which a protected person would have been entitled in the event of complete or partial unemployment, or suspension of the gain due to a temporary suspension of work without termination of the working relationship, may be refused, deleted, suspended or reduced to a prescribed measure:
(a) as long as the person concerned is not in the territory of the Member;
(b) where, according to the assessment of the competent authority, the interested party has deliberately contributed to its removal;
(c) where, according to the assessment of the competent authority, the person concerned voluntarily left his employment without legitimate grounds;
(d) during the period of a professional conflict, where the person concerned has ceased work to take part in this conflict or when he is prevented from working directly because of a stoppage of work due to the conflict;
(e) where the individual has tried to obtain or fraudulently obtain the allowances;
(f) where the person concerned has neglected, without legitimate grounds, the use of the services available to him in the areas of placement, guidance, training, conversion or reintegration into suitable employment;
(g) as long as the employee receives another income retention benefit under the legislation of the Member concerned, with the exception of a family benefit, provided that the portion of the allowances suspended does not exceed the other benefit.
Article 21
1. Allowances to which a protected person would have been entitled in the event of complete unemployment may be denied, deleted, suspended or reduced, to a prescribed extent, where the individual refuses to accept suitable employment.
2. In assessing whether or not a job is suitable, it must be taken into account, in particular, under prescribed conditions and to the appropriate extent, the age of the unemployed, its seniority in its previous profession, the experience gained, the duration of unemployment, the state of the labour market, the repercussions of this employment on the personal and family situation of the person in question, and the fact that the job is directly halted
Article 22
When a protected person has received directly from his or her employer or any other source, under national legislation or a collective agreement, a severance allowance with the primary function of contributing to compensation for loss of earnings in the event of complete unemployment:
(a) the unemployment benefits to which the individual would be entitled may be suspended for a period commensurate with the period in which the severance allowance compensates for the loss of earnings; or
(b) the severance allowance may be reduced by an amount commensurate with the value converted into a single payment of the unemployment benefits to which the individual would be entitled for a period commensurate with that during which the severance allowance compensates for the loss of earnings, at the discretion of each Member.
Article 23
1. Any Member whose legislation covers medical care and directly or indirectly subordinates the right to a condition of professional activity must endeavour to guarantee, under prescribed conditions, medical care to the beneficiaries of unemployment benefits, as well as to the dependants.
2. Where a declaration made under section 5 is in force, the implementation of subsection 1er Maybe postponed.
Article 24
1. Any Member shall, under prescribed conditions, endeavour to ensure that the beneficiaries of the unemployment benefits are taken into account the periods in which such benefits are paid:
(a) for the acquisition of the right and, where applicable, the calculation of disability, old age and survivor benefits;
(b) for the acquisition of the right to medical care, sickness and maternity benefits and family benefits after the end of unemployment,
where the legislation of the Member concerned provides for such benefits and directly or indirectly subordinates the right to a condition of professional activity.
2. Where a declaration made under section 5 is in force, the implementation of subsection 1er Maybe postponed.
Rule 25
1. Any Member shall ensure the adaptation of the legal social security regimes that are related to the exercise of a professional activity under the conditions of the professional activity of part-time workers whose duration of work or earnings cannot, under prescribed conditions, be considered negligible.
2. Where a declaration made under section 5 is in force, the implementation of subsection 1er Maybe postponed.
VII. Specific provisions for new job seekers
Rule 26
1. Members must consider the fact that there are many categories of people seeking employment who have never been recognized as unemployed or have ceased to be unemployed, or who have never belonged to or ceased to be unemployed. As a result, at least three of the following ten categories of persons in search of employment must benefit from social benefits under conditions and in prescribed terms:
(a) 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 after a period of time devoted to the education of a child or to the care of a sick, disabled or elderly person;
(e) persons whose spouse has died, when they are not entitled to a survivor benefit;
(f) divorced or separated persons;
(g) released prisoners;
(h) adults, including disabled persons, who have completed a training period;
(i) Migrant workers upon their return to their country of origin, subject to their rights under the legislation of their last country of work;
(j) persons who have previously worked on their account.
2. Any Member shall specify, in its reports under Article 22 of the Constitution of the International Labour Organization, the categories of persons referred to in paragraph 1er He's committed to protecting.
3. Any Member must endeavour to gradually extend the protection to a number of categories of persons higher than that which he originally accepted.
VIII. Legal, administrative and financial guarantees
Rule 27
1. In the event of refusal, deletion, suspension, reduction of compensation or challenge to their amount, a claimant must have the right to file a claim before the organization administering the benefit plan and subsequently to appeal to an independent body. The applicant must be informed in writing of the applicable procedures, which must be simple and expeditious.
2. The appeal procedure shall allow the appellant, in accordance with national legislation and practice, to be represented or assisted by a person qualified as his or her choice, by a delegate of a representative organization of workers or by a delegate of a representative organization of protected persons.
Rule 28
Any Member must assume a general responsibility for the proper administration of the institutions and services involved in the implementation of the Convention.
Rule 29
1. When the administration is directly provided by a responsible government department in front of a parliament, representatives of protected persons and employers must, under prescribed conditions, be associated with it in an advisory capacity.
2. When the administration is not provided by a responsible government department before a parliament:
(a) representatives of protected persons shall participate in or be associated with the administration under prescribed conditions;
(b) national legislation may also provide for the participation of representatives of employers;
(c) legislation may also provide for the participation of representatives of public authorities.
Rule 30
When subsidies are granted by the State or the social security system to save jobs, Members must take the necessary measures to ensure the exclusive allocation of these subsidies to the intended purpose and prevent any fraud or abuse by the beneficiaries.
Rule 31
This Convention revises the unemployment agreement, 1934.
Rule 32
The formal ratifications of this Convention shall be communicated to the Director-General of the International Labour Office and recorded by him.
Rule 33
1. This Convention shall be binding only on Members of the International Labour Organization whose ratification has been registered by the Director General.
2. It will enter into force twelve months after the ratifications of two Members have been registered by the Director-General.
3. Subsequently, this agreement will come into force for each Member twelve months after the date of its ratification.
Rule 34
1. Any Member who has ratified this Convention may denounce it at the expiry of a period of ten years after the date of the initial entry into force of the Convention, by an act communicated to the Director General of the International Labour Office and registered to it. The denunciation will only take effect one year after being registered.
2. Any Member that has ratified this Convention that, within one year after the expiration of the ten-year period referred to in the preceding paragraph, shall not make use of the denunciation faculty provided for in this Article shall be bound for a further ten-year period and, thereafter, may denounce this Convention at the expiry of each ten-year period under the conditions set out in this Article.
Rule 35
1. The Director General of the International Labour Office will notify all Members of the International Labour Organization of the registration of all ratifications and denunciations that will be communicated to it by the Members of the Organization.
2. In notifying the Members of the Organization the registration of the second ratification that has been communicated to it, the Director-General will draw the attention of the Members of the Organization to the date on which this Agreement will enter into force.
Rule 36
The Director General of the International Labour Office will provide the Secretary-General of the United Nations, for registration, in accordance with Article 102 of the Charter of the United Nations, with full information on all ratifications and denunciation that he has registered in accordance with the preceding articles.
Rule 37
Each time it deems necessary, the Board of Directors of the International Labour Office will present to the General Conference a report on the application of this Convention and will consider whether it is necessary to include in the agenda of the Conference the question of its total or partial revision.
Rule 38
1. In the event that the Conference adopts a new convention for the total or partial revision of this Convention, and unless the new Convention provides otherwise:
(a) the ratification by a Member of the new revision convention would entail full right, notwithstanding article 34 above, immediate denunciation of this Convention, subject to the entry into force of the new revision convention;
(b) from the date of the entry into force of the new revision convention, this Convention would cease to be open to the ratification of Members.
2. This Convention would in any case remain in force in its form and content for those Members who have ratified it and who would not ratify the revision convention.
Rule 39
The English and French versions of the text of this Convention are equally authentic.

Convention No. 168 concerning the promotion of employment and protection against unemployment, adopted at Geneva on 21 June 1988 by the International Labour Conference at its seventy-fifth session