461/1991 Coll.
COMMUNICATION
Federal Department of Foreign Affairs
Federal Ministry of Foreign Affairs informs that on June 28
1952 at the 35th session of the General Conference of the International Labour Organisation
adopted the Convention concerning Minimum Standards of Social Security (no. 102).
Ratification of the Convention Czechoslovak Socialist Republic
was registered on 11 January 1990 by the Director General of the International Labour Office
that the Czechoslovak Socialist Republic
accepts the obligations of the Convention with the exception of its parts IV and VI. Pursuant to Article 79 paragraph 3
Convention entered for the Czech and Slovak Federative Republic
into force on 11 January 1991.
Czech translation of the Convention shall be open simultaneously.
Convention no. 102
Convention on Minimum Standards of Social Security
General Conference of the International Labour Organisation, which was convened
Administrative Council of the International Labour Office in Geneva, and having met on 4 June 1952
třicátémpátém at its meeting
Decided upon the adoption of certain proposals regarding minimum standards
social security which is the fifth item on the agenda of the meeting,
Determined that these proposals shall take the form of an international convention
Accepts 28 June 1952 Convention, which will be referred to as
Convention on Social Security (Minimum Standards) Convention, 1952:
PART I.
General Provisions Article 1
First In this Convention:
(A) the term "prescribed" means determined by national legislation or
thereunder
(B) the term "residence" means ordinary residence in the territory of a Member State and
term "resident" means a person ordinarily resident in the territory of a Member State
,
(C) the term "wife" means a wife who is maintained by her husband,
(D) the term "widow" means a woman who was maintained by her husband at the time of his death
,
(E) the term "child" means a schoolchild or a child under 15
years, according to what is stipulated
(F) the term "qualifying period" means a period of contribution or employment
or residence, or any combination thereof, whichever is
determined.
Second For the purposes of Articles 10, 34 and 49 the term "benefit" means either benefits
provided directly in the form of services or benefits in the form of indirect compensation
costs borne by the person.
Article 2
Each Member State which is bound by the Convention:
(A) will perform
(I) Part I,
(Ii) at least three of Parts II, III, IV, V, VI, VII, VIII, IX and X,
(Iii) the relevant provisions of Parts XI, XII and XIII, and
(Iv) Part XIV, and
(B) specify in its ratification in respect of which of Parts II to X
accepts the obligations of the Convention.
Article 3
First Member whose economic and medical facilities are not sufficiently developed
may, if it so wishes, and the competent authority for the period
after which it deems necessary, apply a declaration appended to
ratification, temporary exceptions provided for in the following Articles: 9 (d); 12 (2);
15 (d); 18 (2); 21 (c); 33 (b); 34 (3); 41 (d); 48 (c); 55 (d);
and 61 (d).
Second Each Member State which has made a declaration under paragraph 1 of this Article
shall include in its annual report on the implementation of this Convention, served
under Article 22 of the Constitution of the International Labour Organisation in respect of each
exceptions, he claimed that, | ||
(A) the reasons for doing so exist, or that
(B) the date set waives derogation.
Article 4
First Each Member which has ratified this Convention may subsequently
General of the International Labour Office that it accepts
obligations under the Convention in respect of one or more parts
II to X not already specified in its ratification.
Second Obligations under paragraph 1 of this Article shall be deemed
integral part of the ratification and shall have the same effect since been
notification.
Article 5
If a Member State with any of Parts II to X of this Convention
covered by its ratification is required to protect prescribed
group of persons constituting not less than a specified percentage of employees or residents
, it must be before they commit to the implementation of this section,
convinced that the relevant percentage is attained.
Article 6
In Parts II, III, IV, V, VIII (in terms of medical care)
IX or X of this Convention, a Member State may take account of protection
arising from insurance under national legislation does not
for protected persons liable if such insurance
(A) is regulated by the public authorities or administered, in accordance with the principles laid down
by employers and workers,
(B) covers a substantial part of the persons whose earnings do not exceed earnings
skilled laborer man
(C) complies, in conjunction with other forms of protection
relevant provisions of the Convention.
PART II.
Medical care
Article 7
Each Member State which is bound by this part shall ensure
protected persons whose condition requires medical preventive care,
providing benefits under other articles of this part.
Article 8
Covered shall include any morbid condition, whatever its cause
, pregnancy, childbirth and their consequences.
Article 9
Persons protected includes
(A) either prescribed classes of employees, constituting not less than 50%
all employees as well as their spouses and children, or
(B) prescribed classes of the economically active population, constituting
not less than 20% of all residents, and also their wives and children, or
(C) prescribed classes of residents, constituting not less than 50% of the population
or
(D) where a declaration under Article 3
prescribed classes of employees, constituting not less than 50% of all employees in
industrial enterprises, which employ at least 20 people, as well as their wives
and children.
Article 10
First Doses must include at least:
(A) in the case of illness
(I) general practitioner care, including domiciliary visiting,
(Ii) specialist care at hospitals there
persons located or docházejícím and specialist care, which can be
available outside hospitals,
(Iii) provision of essential medicines on prescription by a physician or other qualified medical
worker
(Iv) the location in the hospital, if one is necessary,
(B) in pregnancy, childbirth and their consequences
(I) pre-natal, childbirth and post-natal care either
doctor or qualified midwives,
(Ii) a location in a hospital, where it should be.
Second At the beneficiary or his breadwinner may be required to contribute
to the cost of medical care provided in case of illness;
treatment of such contribution to costs is not too burdensome.
Third Benefits provided under this Article shall be directed towards
maintaining, restoring or improving the health of the person protected
her ability to work and to attend to his personal needs.
Fourth The institutions or facilities providing benefits to lead
protected persons by all appropriate means to exploit
general health services provided to them by public authorities or other
organization recognized by the public authorities.
Article 11
Occurs in a contingency covered, be secured
benefits referred to in Article 10, at least to a person protected by either themselves
meet waiting time or whose breadwinner has completed a qualifying period as may be considered necessary
to prevent abuse.
Article 12
First Benefits referred to in Article 10 shall be granted throughout the duration
social events with the exception that if the disease can be
period during which benefits are provided shall be limited to 26 weeks for
individual case; but benefit shall not be stopped until
paid sick leave, and measures will be taken to extend
aforementioned maximum duration of benefits in cases where
terms of illness, which requires longer according to national rules | || care.
Second If there was a declaration under Article 3, can provide benefits in the individual case
limit to 13 weeks.
PART III.
Sickness
Article 13
Each Member State which is bound by this part shall ensure
persons protected the provision of sickness benefit in accordance with the following Articles of this
part.
Article 14
Covered shall include incapacity for work resulting
disease, which has resulted in suspension of earnings, as defined by national legislation
.
Article 15
Persons protected shall comprise:
(A) either prescribed classes of employees, constituting not less than 50% of all employees
or
(B) prescribed classes of the economically active population, constituting
not less than 20% of the population, or
(C) all residents whose means during the events
not exceed limits prescribed under the provisions of Article 67, or
(D) where a declaration under Article 3
prescribed classes of employees, constituting not less than 50% of all employees in
industrial enterprises, which employ at least 20 people.
Article 16
First If the protected classes of employees or groups of self-employed
population benefit is a periodical payment calculated in accordance with the provisions
Articles 65 or 66.
Second If all residents whose means during
social events not exceed prescribed limits, the dose is
periodic payment calculated according to the provisions of Article 67
Article 17
Occurs when covered, the dose should be referred to in Article 16
secured at least to a person protected who has completed a qualifying period which
may be considered necessary to prevent abuse.
Article 18
First The benefit specified in Article 16 shall be granted throughout
social events, but the benefit may be in each case
disease is limited to 26 weeks; yet need not be paid after
first three days of suspension of earnings.
Second If there was a declaration under Article 3, may be of benefit to restrict
(A) either for such period that the total number of days for which to provide
sick leave during one year, no less than ten times the average
number of persons protected in the same year,
(B), or to 13 weeks in each case of sickness, while
need not be paid for the first three days of suspension of earnings.
PART IV.
Unemployment
Article 19
Each Member State which is bound by this part shall ensure
persons protected the provision of unemployment benefits by
other articles of this part.
Article 20
Covered shall include suspension of earnings, as defined
national laws or regulations, due to inability to obtain adequate
job if the protected person is willing and able to work.
Article 21
Persons protected includes
(A) either prescribed classes of employees, constituting not less than 50% of all employees
or
(B) all residents whose means during the events
not exceed limits prescribed under the provisions of Article 67, or
(C) where a declaration under Article 3
prescribed classes of employees, constituting not less than 50% of all employees in
industrial enterprises, which employ at least 20 people.
Article 22
First If the protected classes of employees, the benefit is a periodical payment
calculated according to the provisions of Articles 65 or 66.
Second If all residents whose means during
social events not exceed prescribed limits, the dose is
periodic payment calculated according to the provisions of Article 67
Article 23
Occurs when covered, the dose should be specified in Article 22
secured at least to a person protected who has completed a qualifying period which
may be considered necessary to prevent abuse.
Article 24
First The benefit specified in Article 22 shall be granted throughout
social events, but the benefit may be limited
(A) if they are protected by a group of employees to 13 weeks during the 12 months
or
(B) where all residents whose means during
contingency do not exceed a set limit, to 26 weeks within a period
12 months.
Second If the duration of the benefit under national legislation
length of the contribution period and / or the benefit previously
within the specified period, considers the provisions of paragraph 1 point. (A)
as fulfilled if the average duration of benefit is at least 13 weeks
during a period of 12 months.
Third Need not be paid during the waiting period, which in each case of suspension of earnings
first seven days, the day
unemployment before and after temporary employment lasting not more than
specified period, are considered part of the same case of suspension
earnings.
Fourth In the case of seasonal workers the duration of the benefit and the waiting period
can be adapted to their conditions of employment.
PART V.
Old-age pension
Article 25
Each Member State which is bound by this part shall ensure
persons protected the provision of old-age benefits in accordance with the following Articles of this
part.
Article 26
First The contingency covered is survival beyond a prescribed age.
Second The prescribed age shall not exceed 65 years. However, the authorities may determine
age higher with regard to the working ability of elderly persons in the country
by which it comes.
Third National legislation may provide that the benefit may be
suspended if the person who would be entitled to it, carries
prescribed gainful activity, or may reduce benefits conditional
contributory, where the earnings of the beneficiary exceed | || prescribed amount and dosage unconditional payment of contributions if
earnings of the beneficiary or his other means or the two taken together exceed a prescribed amount
.
Article 27
Persons protected includes
(A) either prescribed classes of employees, constituting not less than 50% of all employees
or
(B) prescribed classes of the economically active population, constituting
not less than 20% of the population, or
(C) all residents whose means during the events
not exceed limits prescribed under Article 67 or
(D) where a declaration under Article 3
prescribed classes of employees, constituting not less than 50% of all employees in
industrial enterprises, which employ at least 20 people.
Article 28
Benefit shall be a periodical payment calculated as follows:
(A) under the provisions of Article 65 or Article 66 if they are protected
groups of employees or classes of the economically active population
(B) under the provisions of Article 67, if they are all residents
whose means during the contingency do not exceed prescribed limit
.
Article 29
First Whichever is covered, the dose should be referred to in Article 28
secured at least
(A) a person protected who, prior to the contingency,
in accordance with prescribed rules, a qualifying period which may be 30
years of contribution or employment, or 20 years of residence, or
(B) where, in principle, all economically active persons protected
person who has completed a prescribed qualifying period of contribution and
whose behalf it was for the time they worked, the prescribed yearly average number
posts.
Second Depends Where the benefit referred to in paragraph 1 to meet certain
minimum period of contribution or employment, a reduced benefit shall be secured at least
:
(A) a protected person who prior to the contingency, met
accordance with prescribed rules, a qualifying period of 15 years of contribution or
job
(B) where, in principle, all economically active persons protected
person who has completed a prescribed qualifying period of contribution and
whose behalf it was for the time they worked, paid, half the yearly average
the number of posts under (b) of paragraph 1 of this Article
.
Third The provisions of paragraph 1 of this Article shall be deemed to be met if
calculated in accordance with Part XI, but the percentage is lower by ten
units than is listed in the table attached to the said portion of the
typical of beneficiaries is guaranteed at least to any person protected
accordance with prescribed rules, ten years of contribution
or employment, or five years of residence.
Fourth A proportional reduction of the percentage indicated in the table appended to Part
XI may be effected where the qualifying period for the benefit corresponding
reduced percentage more than ten but less than 30 years
contribution or employment; exceeds a specified waiting period of 15 years
provide a reduced benefit under paragraph 2 of this Article.
Fifth Depends Where the benefit referred to in paragraphs 1, 3 or 4
this article is conditional upon a minimum period of contribution or employment, it is necessary
under prescribed conditions to a reduced benefit to a person protected
has not satisfied the conditions laid down by paragraph 2 of this Article
only of his advanced age, have already reached when they became effective
Provision permitting the use of this paragraph of the Convention, unless such person
benefit provided under paragraph 1, 3 or 4 of this article
aged greater than normal.
Article 30
Benefits specified in Articles 28 and 29 shall be granted throughout
social events.
PART VI.
Insurance for occupational accidents and occupational diseases
Article 31
Each Member State which is bound by this part shall ensure
persons protected the provision of benefits for accidents at work and occupational diseases
by other articles of this part.
Article 32
Covered social events include the following, if
caused by occupational injury or a prescribed occupational diseases:
(A) a disease
(B) the inability to work due to illness, which has resulted
suspension of earnings, as defined by national legislation,
(C) total loss of earning capacity or partial loss of earning ability
beyond a certain level, it is likely that this
partial or complete loss will be permanent, or corresponding loss of faculty
, || |
(D) the loss of support suffered by the widow or child
caused the death of the breadwinner; the widow may be entitled to benefits conditional upon the
under national law to be incapable
itself about their livelihood.
Article 33
Persons protected includes
(A) either prescribed classes of employees, constituting not less than 50%
all employees in terms of benefits to which entitlement
death of the breadwinner, also their wives and children of these groups, or | ||
(B) where a declaration under Article 3
prescribed classes of employees, constituting not less than 50% of all employees in
industrial enterprises, which employ at least 20 people, and in terms of
dose that causes the death of the breadwinner, also their wives and children
employees of these groups.
Article 34
First If it is a disease, the benefit shall be medical care as specified in
paragraphs 2 and 3 of this Article.
Second Medical care must include
(A) hospital or outpatient care practitioner or
specialists, including domiciliary visiting,
(B) dental care
(C) care provided by nursing home staff,
in hospitals or other medical facilities
(D) stay in the hospital, convalescent homes, sanatoria or other medical
device
(E) provision of drugs and dental and other medical or surgical
devices, including prostheses and their maintenance, as well as providing eyeglasses,
(F) the care furnished by members of other professions that the law recognizes
for related medical profession, under the supervision of a doctor or dentist
doctor.
Third If there was a declaration under Article 3 is given medical care shall include at least the following benefits
(A) general practitioner care, including domiciliary visiting,
(B) specialist care at hospitals there
persons located or docházejícím and specialist care, which can be
available outside hospitals,
(C) provision of basic pharmaceutical formulations of prescription
physician or other qualified healthcare professional
(D) location in the hospital, where it should be.
Fourth The medical care provided in the preceding paragraphs must be
focused on maintaining, restoring or improving the health of the person protected
her ability to work and to attend to his personal needs
.
Article 35
First Administrative bodies or institutes charged with the medical care they have if
appropriate, cooperate with the general services for vocational rehabilitation
to persons with limited work skills acquired eligibility for
suitable work.
Second The said authorities or institutes can be national laws and regulations
authorized to take measures for vocational rehabilitation of persons with
working capacity.
Article 36
First Incapacity, total loss of earning capacity, which
likely to be permanent, or corresponding loss of faculty
or the death of the breadwinner, the benefit will be
a periodical payment calculated in accordance with the provisions of Articles 65 || | or 66.
Second When partial loss of earning capacity, which will probably
permanent nature, or corresponding loss of faculty
dose if it be granted, shall be a periodical payment
provided in reasonable proportion to the dose specified for total loss
earning capacity or corresponding loss
eligibility.
Third The periodical payment may be transformed in a single lump-sum settlement
(A) with little loss of earning capacity or
(B) if given the competent authorities a guarantee that it will be effectively used.
Article 37
Occurs in a contingency covered, dosages must be specified in Articles 34 and 36
secured a contingency protected persons who at the time was
injury or ill, were employed in the territory of a Member State and,
case of periodic payments that are eligible
death of the breadwinner, to the widow and children.
Article 38
First The benefits specified in Articles 34 and 36 shall be granted throughout
social events; Incapacity benefit, however, may not be
paid for the first three days of suspension of earnings.
PART VII.
Family benefits
Article 39
Each Member State which is bound by this part shall ensure
persons protected the provision of family benefits under other articles of this section
.
Article 40
Covered shall include childcare provision as stipulated
.
Article 41
Persons protected includes
(A) either prescribed classes of employees, constituting not less than 50% of all employees
or
(B) prescribed classes of the economically active population, constituting
not less than 20% of the population, or
(C) all residents whose means during the contingency
not exceed prescribed limits, or
(D) where a declaration under Article 3
prescribed classes of employees, constituting not less than 50% of all employees in
industrial enterprises, which employ at least 20 people.
Article 42
The benefits include
(A) either periodic benefit granted to each protected
person who has completed a qualifying period, or
(B) provision of food, clothing, housing, holidays or domestic help
children, or children, or
(C) combining the benefits referred to under (a) and (b).
Article 43
The benefits mentioned in Article 42 shall be secured at least to a person protected
within a prescribed period, has completed a qualifying period which may be either
three months of contribution or employment, or one year of residence, depending on what
provided.
Article 44
The total value of the benefits provided under Article 42 of the protected persons should be
(A) either a 3% salary adult male laborer, as determined in accordance
rules referred to in Article 66, multiplied by the total number of children of all
protected persons, or
(B) 1.5% of salary, multiplied by the total number of children of all residents.
Article 45
If the benefit consists of a periodical payment, it shall be
granted throughout the contingency.
PART VIII.
Maternity
Article 46
Each Member State which is bound by this part shall ensure
persons protected the provision of maternity benefit in accordance with the following Articles
this section.
Article 47
Covered shall include pregnancy and confinement and their consequences
, and the resulting suspension of earnings under the provisions
national legislation.
Article 48
Persons protected includes
(A) all women belonging to prescribed classes of employees, which
represent at least 50% of all employees, and in terms of medical care in
motherhood, also the wives of men belonging to these groups, or || |
(B) all women belonging to prescribed classes of the economically active population
, with at least 20% of the population and in terms of
the maternity medical benefit, also the wives of men belonging to these groups
, or
(C) where a declaration under Article 3, all women belonging to
prescribed classes of employees, constituting not less than 50% of all
employees in enterprises that employ at least 20 people,
And in terms of the maternity medical benefit, also the wives of men belonging to these groups
.
Article 49
First As regards pregnancy, confinement and their consequences, medical care
motherhood should include medical care as specified in paragraphs 2 and 3 of this article
.
Second The medical care shall include at least
(A) pre-natal, confinement and post-natal
by medical practitioners or by qualified midwives, and
(B) hospital treatment, where it should be.
Third The medical care specified in paragraph 2 of this article should be directed at
maintaining, restoring or improving the health of the woman protected
her ability to work and to attend to his personal needs.
Fourth The institutions or facilities that provide medical care
motherhood, to lead the woman protected by all means, which may appear
appropriate, to make use of general health services to them
public authorities or other public bodies recognized organization to give
use.
Article 50
With regard to the suspension of earnings resulting from pregnancy, confinement and
their consequences, the benefit shall be a periodical payment calculated
under Articles 65 or 66. The amount of the periodical payment may not be
throughout social events same as the average rate
corresponds to the above provisions.
Article 51
Occurs in a contingency covered, dosages must be specified in Articles 49 and 50
secured at least to a woman belonging to a protected group, which met
qualifying period as may be considered necessary to prevent abuse;
Benefits referred to in Article 49 must also provide
wives of men belonging to protected groups, they met when they anticipated waiting
time.
Article 52
Benefits specified in Articles 49 and 50 shall be granted throughout
social events; periodic payments may not be
limited to 12 weeks, if not imposed by national laws or
allowed a longer period of absence from work; In this case
payment can not be restricted to a shorter period.
PART IX.
Disability pension
Article 53
Each Member State which is bound by this part shall guarantee to persons protected
provision of invalidity benefit in accordance with the following Articles of this
.
Article 54
Covered shall include inability to engage in gainful activity
extent prescribed, which inability is likely
permanent or persists after the exhaustion of sickness.
Article 55
Persons protected includes
(A) either prescribed classes of employees, constituting not less than 50% of all employees
or
(B) prescribed classes of the economically active population, constituting
not less than 20% of the population, or
(C) all residents whose means during the contingency
not exceed limits prescribed under the provisions of Article 67, or
(D) where a declaration under Article 3
prescribed classes of employees, constituting not less than 50% of all employees in
industrial enterprises, which employ at least 20 people.
Čl.56
Benefit shall be a periodical payment calculated as follows:
(A) under the provisions of Article 65 or 66, if they are protected
groups of employees or classes of the economically active population
(B) under the provisions of Article 67, if they are all residents
whose means during the contingency do not exceed prescribed limit
.
Article 57
First Whichever is covered, the dose should be specified in Article 56
secured at least
(A) a person protected who, prior to the contingency,
in accordance with prescribed rules, a qualifying period which may be 15
years of contribution or employment, or 10 years of residence, or
(B) where, in principle, all economically active persons protected
person who has completed a qualifying period of three years of contribution and in whose name
was for the time they worked, the prescribed yearly average
number of posts.
Second Depends Where the benefit referred to in paragraph 1 to meet certain
minimum period of contribution or employment, a reduced benefit must be secured at least
(A) a person protected who, prior to the contingency, fulfilled
Accordance with prescribed rules, a qualifying period of five years of contribution or employment
or
(B) where, in principle, all economically active persons protected
person who has completed a qualifying period of three years of contribution and in whose name
was for the time they worked, paid, half the average
the annual number of contributions under paragraph (b) of paragraph 1 of this Article
.
Third The provisions of paragraph 1 of this Article shall be considered fulfilled if
calculated in accordance with Part XI, but the percentage is lower by ten
units than is listed in the table attached to said part for
typical of beneficiaries is guaranteed at least to any person protected
accordance with prescribed rules, five years of contribution or employment
or five years of residence.
Fourth A proportional reduction of the percentage indicated in the table appended to Part
XI may be effected where the qualifying period for the benefit corresponding
reduced percentage of more than five but less than 15 years
contribution or employment. A reduced benefit is provided by
paragraph 2 of this Article.
Article 58
Benefits specified in Articles 56 and 57 shall be granted throughout
social event or until they are replaced by old-age pension
.
SECTION X.
Survivors' benefit
Article 59
Each Member State which is bound by this part shall ensure
persons protected the provision of survivors' benefit in accordance with the following Articles
this section.
Article 60
First Indoor include the loss of means of subsistence, which
widow or child suffered the death of the breadwinner;
widow entitled to benefit may be made dependent on the fact that according to the national legislation
to be incapable of self-support.
Second National legislation may provide for the payment of benefits to
stops when the authorized person performs
prescribed gainful activity or that is running contributory benefit, if
earnings of the beneficiary exceed a prescribed amount, and the dose || | unconditional payment of contributions if earnings or other means
beneficiary or both together exceed a prescribed amount
.
Article 61 of the
Persons protected includes
(A) either the wives and children of breadwinners in prescribed příslušících
classes of employees, constituting not less than 50% of all employees
or
(B) the wives and children of breadwinners in prescribed classes příslušících
economically active population, constituting not less than 20% of all
population, or
(C) if they have their residence in the State, all widows and children who have lost their breadwinner
whose means during the contingency
not exceed limits prescribed under Article 67 or
(D) where a declaration under Article 3 of the wife and children of breadwinners
family příslušících prescribed classes of employees, constituting
less than 50% of all employees in industrial enterprises, which employ
at least 20 people.
Article 62
Benefit shall be a periodical payment calculated as follows:
(A) under the provisions of Article 65 or 66, if they are protected
groups of employees or classes of the economically active population
(B) under the provisions of Article 67, if they are all residents
whose means during the contingency do not exceed prescribed limit
.
Article 63
First Whichever is covered, the benefit specified in Article 62
secured at least
(A) a person protected whose breadwinner has completed, in accordance with the rules laid down
qualifying period which may be 15 years of contribution or
employment or ten years of residence; or
(B) where, in principle, the wives and children of all economically active persons
person protected whose breadwinner has completed a qualifying period of three years of contribution
assuming the name of a breadwinner was after
the period for which he worked, the prescribed yearly average number of contributions
.
Second Depends Where the benefit referred to in paragraph 1 to meet certain
minimum period of contribution or employment, a reduced benefit shall be secured at least
(A) a person protected whose breadwinner has completed, in accordance with prescribed
Rules, a qualifying period of five years of contribution or employment; or
(B) where, in principle, the wives and children of all economically active persons
person protected whose breadwinner has completed a qualifying period of three years of contribution
, assuming the name of a breadwinner was
for the period for which he worked, paid half set
yearly average number of contributions under subparagraph (b) of paragraph 1 of this Article
.
Third The provisions of paragraph 1 of this Article shall be considered fulfilled if
calculated in accordance with Part XI, but the percentage is lower by ten
units than is listed in the table attached to the said portion of the
typical of beneficiaries is guaranteed at least to any person protected whose breadwinner
accordance with prescribed rules, five years
contribution or employment, or five years of residence.
Fourth A proportional reduction of the percentage indicated in the table appended to Part
XI may be effected where the qualifying period for the benefit corresponding
reduced percentage exceeds five years of contribution or employment
but less than fifteen years of contribution or employment.
Reduced benefit shall be provided in accordance with paragraph 2 of this Article.
Fifth Entitled to a survivor's childless widow, of which it is considered that
alone is not able to care for their livelihood may be made dependent upon
minimum duration of the marriage.
Article 64
The benefits specified in Articles 62 and 63 shall be granted throughout
social events.
PART XI.
Calculation of periodical payments
Article 65
First For a periodical payment to which this Article applies
dose, plus family allowances payable during social events
must at the social events for the standard beneficiary,
listed in the table appended of this section, at least the percentage
indicated therein of the total of the previous earnings of the beneficiary or his breadwinner
and the amount of any family allowances payable to a person protected with
same family responsibilities as the standard beneficiary.
Second The previous earnings of the beneficiary or his breadwinner
calculated according to prescribed rules; if the persons protected or their breadwinners
included in wage classes, these may be former
earnings calculated from the basic earnings of the classes to which they belonged.
Third If the previous earnings of the beneficiary or his breadwinner
lower or equal to the wage of a skilled laborer man may be
amount of the benefit or for earnings, which serves as the basis for calculating benefits
upper limit for provided that it complies with the provisions
paragraph 1 of this Article.
Fourth The previous earnings of the beneficiary or his breadwinner, the wage of a skilled worker
man, benefits and family allowances are calculated
same time basis.
Fifth For the other beneficiaries, the benefit shall, to the
reasonable relation to the standard beneficiary.
6th For the purposes of this article, a skilled manual male
(A) a fitter or turner in the mechanical engineering industry excluding
electrical machinery; or
(B) typical of skilled labor selected in accordance with the provisions
following paragraph; or
(C) a person whose earnings are equal to or greater than the earnings of 75% of all
protected persons; these earnings to be according to what is stipulated
basis of annual or shorter periods; or
(D) a person whose earnings are equal to 125% of the average earnings of all persons protected
.
7th Typical of skilled labor for the purposes point. (B)
preceding paragraph is a person employed in the major group of economic activities with
largest number of economically active male persons who are
protected in the contingency in question, or, according
case of the breadwinners of the persons protected in the industry, which includes
largest number of such persons or breadwinners;
to that purpose, the international standard industrial classification of all economic activities
adopted by the Economic and Social Council of the United Nations
at its Seventh Session on 27 August 1948, which is
listed in the Annex to this Convention, taking into account all possible
subsequent changes.
8th If the amount of benefit varies by region, may be for each region
skilled manual male employee under the provisions of paragraphs 6 and 7 of this article
.
9th The wage of a skilled worker can be determined on the basis
wages for normal hours of work fixed by collective agreements or
national laws or pursuant to, or by custom,
including any cost of living allowances; if different such rates
by area and apply but paragraph 8 of this article
uses the average wage.
10th The amount of the periodical payments in old age, employment
injuries and occupational diseases (with the exception of benefits paid during
incapacity), invalidity and death of breadwinner
families, shall be reviewed following substantial changes
in the general level of earnings that result from substantial changes in the cost of living.
Article 66
First For a periodical payment to which this Article applies
dose plus family allowances payable during social events
must at the social events for the standard beneficiary,
indicated in the table attached to of this section, at least the percentage
indicated therein of the total of the wage of an adult male laborer and
amount of family allowances payable to a person protected with the same
family responsibilities as the standard beneficiary.
Second Wages adult male laborer, the benefit and any family allowances shall be calculated
same time basis.
Third For the other beneficiaries, the benefit shall, to the
reasonable relation to the standard beneficiary.
Fourth For the purposes of this Article shall be considered as ordinary adult male laborer man
(A) typical of unskilled labor in the engineering industry, with the exception
electrical machinery,
(B) typical of unskilled labor selected in accordance with the provisions
next paragraph.
Fifth Typical of unskilled labor for the purpose of point (b) of the preceding paragraph
is a person employed in the major group of economic activities with
largest number of economically active male persons who are
protected in the event in question, or, by
case of the breadwinners of the persons protected in the industry, which includes
largest number of such persons or breadwinners;
to that purpose, the international standard industrial classification of all economic activities
adopted by the Economic and Social Council of the United Nations
at its Seventh Session on 27 August 1948, which is
listed in the Annex to this Convention, taking into account all possible
subsequent changes.
6th If the amount of benefit varies by region, may be for each region
selected adult male laborer in accordance with paragraphs 4 and 5 of this Article
.
7th Wages adult male laborer shall be determined on the basis
wages for normal hours of work fixed by collective agreements
, or national laws or pursuant to,
or by custom, including any cost of living allowances; if different steps
determined wages by area and apply the provisions of paragraphs 6
this Article shall apply to the average wage.
8th The amount of the periodical payments in old age, employment
injuries and occupational diseases (with the exception of benefits paid during
incapacity), invalidity and survivors in case
families, shall be reviewed following substantial changes
in the general level of earnings that result from substantial changes in the cost of living.
Article 67
Case of a periodical payment to which this Article applies
(A) the amount of the benefit is determined according to a prescribed scale or a scale
designated by the competent public authority in conformity with prescribed rules,
(B) such rate may be reduced only if other means
family of the beneficiary exceed prescribed substantial amounts or
substantial amount fixed by the competent public authority in conformity with prescribed
rules
(C) the total benefit and any other means, after deduction of the substantial amounts
referred to in point (b) sufficient to ensure a healthy and decent
the family of the beneficiary; shall not be less than
dose calculated according to the provisions of Article 66
(D) the provisions of subparagraph (c) shall be deemed satisfied if the total amount of benefits paid under the
portion exceeds by at least 30% of the total amount of benefits,
which would be obtained by applying the provisions of Article 66 and the provisions | ||
(I) Article 15, point. (B) Part III,
(Ii) Article 27, point. (B) Part V
(Iii) Article 55, point. (B) for the part IX
(Iv) Article 61, point. (B) for Part X.
Table
(Appendix to Part XI)
Periodic payments
Typical recipients of benefits
Part social event typical of beneficiaries%
III. Sickness Man with wife and two children 45
IV. Unemployment Man with wife and two children 45 V
. An old man with his wife in retirement age of 40
VI. Accidents at work and
occupational diseases:
Working Man with a wife and 2 children 50
inability
Invalidity Man with wife and two children 50
The bereaved widow with two children 40
VIII.Mateřství Woman 45 IX. Invalidity Man with wife and two children 40 X
. The bereaved widow with two children 40
PART XII.
Equal treatment of residents who are not nationals of the country where they reside
Article 68
First Residents who are not nationals of the country where the
residence, have the same rights as citizens who are nationals of that country members
. However, regarding the benefits or partial benefits that
are exclusively or predominantly funded from public funds, as well as
regarding transitional arrangements may be particularly provisions concerning persons
non-nationals, and on
nationals born outside the territory of a Member State.
Second The social security systems, which are based on
contributory obligations and provide protection to employees must be protected
persons who are nationals of another Member State which took
obligations arising from parts of the Convention, which comes into consideration,
have under this part have the same rights as nationals of the Member State
. The application of this paragraph may not be made dependent on the existence
bilateral or multilateral agreements on reciprocity.
SECTION XIII.
Common provisions
Article 69
Benefit to which a protected person would be entitled under any of the Parts II to X
this Convention can stop within the specified range
(A) the period during which the person concerned is absent from the territory of a Member State
,
(B) the period during which the person concerned is maintained at public
funds or on behalf of a device or social security services;
Exceeds However, if the amount of the benefit costs of such sustenance, the difference
be granted to persons who beneficiary support them,
(C) the period during which the interested person receives other cash benefit
Social Security with the exception of family allowances, as well as throughout
period during which he is indemnified for the contingency by the same third party;
Stopped part of the benefit must not exceed other benefit or compensation
provided by a third party
(D) attempted if the person concerned to obtain benefit fraudulently
(E) where the contingency has caused offense, which was committed by the person
,
(F) where the contingency has intentionally caused by the interested party,
(G) fails if the person concerned in certain cases to use
medical or rehabilitation services placed at his disposal, or cares if
rules established for the verification of the existence of the contingency or for the conduct of beneficiaries
benefits
(H) in terms of unemployment, fails if the person concerned
use the services of employment agencies, which are available to it
(I) in respect of unemployment benefits lost if the person concerned
his employment as a direct result of the work stoppage, which occurred on
basis of a labor dispute, or if left his job voluntarily
without sufficient grounds,
(J) with regard to a survivor, a period during which the widow is living with a man as his wife
.
Čl.70
First Each applicant must have the right to appeal for denied benefits or
dispute about the type or amount of the benefit.
Second If the implementation of the Convention entrusted with administration of medical care
Government department responsible to a legislature, can be
right of appeal provided for in paragraph 1 of this Article, replaced by a right to give
investigated by the appropriate authority of any complaint concerning the refusal or the level
provided medical care.
Third Where a claim is settled by a special tribunal established to discuss issues
Social Security faced represented
protected persons, it is not necessary to provide a right of appeal.
Article 71
First The cost of benefits provided under this Convention and administrative expenses
associated with providing such benefits should be borne collectively from
insurance contributions or taxes or both of these methods together, and
so that poor people are not too burdened and in order to take into account
's economic conditions as a Member State and groups of persons protected.
Second The total of the insurance contributions borne by the employees protected
not exceed 50% of the total cost allocated to the protection of employees
their wives and children. In order to determine whether this condition is met,
can take into account all the benefits provided by Member States by
this Convention, with the exception of family allowances and benefits granted during
work injury and occupational diseases if these
then appointed dosage forms specific sectors.
Third Member shall accept general responsibility for the due provision
benefits under this Convention and shall take all necessary measures to achieve this goal
; it must, if it needs to convince that
necessary investigations and calculations in the field of actuarial science regarding
financial balance must be performed regularly and always before any change
benefits insurance contributions or taxes, which are intended to cover
social events that come into consideration.
Article 72
First Unless entrusted management institution that is supervised by the public
authorities, or government department responsible to a legislature, must attend
Administration representatives of the persons protected or be under specified conditions
participation in the administration in an advisory ;
national laws or regulations may also provide for the participation of representatives of employers and public authorities
.
Second Member shall accept general responsibility for the proper administration
facilities and services that assist in the implementation of this Convention.
PART XIV.
Various provisions
Article 73
This Convention shall not apply to
(A) contingencies which occurred before the coming into force
relevant part of the Convention for the Member State
(B) benefits granted as a result of the social events that occurred when
longer relevant part of the Convention entered into force for
participating Member State if the rights to such benefits are derived from periods before this date the effective date
.
Article 74
This Convention shall be deemed to alter any existing Convention.
Čl.75
If later the Conference adopted the Convention relating to one or more
subjects covered by this Convention, the provisions of this Convention, to be included in the new
Convention shall cease to apply to any Member State which ratified a new
Convention, and the date at which the said Convention comes
for that Member state efficiency.
Article 76
Each Member which ratifies this Convention undertakes to bring in
annual report on the implementation of the Convention submitted under article 22 of the Constitution of the International Labour Organisation
(A) full details of the legislation implementing the provisions
Convention
(B) evidence of compliance with the statistical requirements specified
(I) Articles 9 (a), (b), (c) or (d); 15 (a), (b) or (d); 21 (a)
or (c); 27 (a), (b) or (d); 33 (a) or (b); 41 (a), (b) or (d);
48 (a), (b) or (c); 55 (a), (b) or (d); 61 (a), (b) or (d) if
regards the number of protected persons
(Ii) Articles 44, 65, 66 or 67, as regards the amount of benefits
(Iii) in Article 18, par. 2 point. (A) as regards duration of sickness
,
(Iv) Article 24, para. 2 point. (A) as regards duration of unemployment
,
(V) in Article 71, para. 2, as regards the proportion of the financial resources
by the insurance contributions paid by protected
employees.
The evidence should be technically the most adapted
Guidelines issued by the Board of the International Labour Office in order to provide greater uniformity
.
Second Each Member which ratifies this Convention shall report
General of the International Labour Office, at appropriate times,
be determined by the Board, reports on the status of their
legislation and practices with regard to the provisions of Parts II to X this Convention, unless
already stated in its ratification or in a notification made subsequently by Article 4.
Article 77
First This Convention shall not apply to seafarers or to the marine fishermen;
Provisions to protect sailors and fishermen were taken
International Labour Conference of the Convention on social security
Seafarers, 1946, and the Convention on seafarers pensions, 1946.
Second A Member State may exclude seamen and sea fishermen
number of employees, the economically active population, or the population to which
taken into account when calculating the percentage of employees or residents who are
protected under any of Parts II to X contained in ratification.
Part XV.
Final provisions
Article 78
The formal ratifications of this Convention shall be communicated to the Director General
International Labour Office for registration.
Article 79
First This Convention shall be binding only upon those Members of the International Labour Organisation
whose ratifications have been registered with the Director.
Second It shall come into force twelve months after the CEO writes
ratifications of two Members.
Third For each Member State, this Convention shall come into force twelve months after the date
, it has been registered its ratification.
Čl.80
First Statements which will be communicated to the Director General of the International Labour Office
according to Article 35. 2 of the Constitution of the International Labour Organisation
must include a statement of territories
(A) in respect of which the participating Member State undertakes to implement changes without
provisions of the Convention or certain parts
(B) in respect of which it undertakes that the provisions of the Convention or any of its parts
changes and how those changes depends
(C) in respect of which the Convention can not be performed, and in such cases the grounds
for which it is inapplicable,
(D) in respect of which it reserves its decision pending more thorough reinvestigation
situation in those territories.
Second Obligations mentioned in points. (A) and (b) of the first paragraph of this article
considered as an integral part of the ratification and to have the same effect.
Third Any Member State may waive the new declaration of all or part
reservation made in its previous statements on the basis of point. (B)
(c) and (d) of the first paragraph of this article.
Fourth Each Member State may, during periods when you can denounce this Convention
under the provisions of Article 82 shall notify the Director-General
statement, amending in any other respect the content of its previous
statements and information about the situation in certain areas .
Čl.81
First In statements reported by the Director General of the International Labour Office
according to Article 35, paragraph. 4 and 5 of the Constitution of the International Labour Organisation
will indicate whether the provisions of the Convention or parts covered,
will be conducted on the territory of bias or without them;
if the declaration indicates that the provisions of the Convention or certain parts
performed with deviations must be specified in what matters such deviations.
Second Participating Member State or Member States concerned or
participating international body may by a subsequent declaration
wholly or partially waive any deviations mentioned in the previous statement.
Third Participating Member State or Member States concerned or international body concerned
may times when this Convention may denounce
under the provisions of Article 82, communicate to the Director-General
statement, amending in any other respect the content of the previous | || statements and information about the situation in the implementation of the Convention.
Article 82
First Each Member which has ratified this Convention may
it or any of its Parts II to X, or several of them denounce
after the expiration of ten years from the date on which the Convention first comes into force, by written notice to the General
Director of the International Labour Office for registration
. The denunciation shall take effect one year after the date on which it was registered.
Second Each Member which has ratified this Convention and which does not
right of denunciation provided for in this Article the year after
expiration of the period of ten years mentioned in the preceding paragraph,
will be bound for another period of ten years and thereafter her or any of its
parts II to X or more of them will denounce every
period of ten years under the terms mentioned in this article.
Article 83
First Director General of the International Labour Office shall notify all Members
of the International Labour Organisation of the registration of all ratifications and denunciations
him by the Members of the Organisation.
Second When notifying the Members of the Organisation of the registration of the second ratification
to him, the CEO warns
Member States of the Organisation to the date upon which the Convention will come into force.
Article 84
Director-General of the International Labour Office shall notify the Secretary-General
United Nations for registration in accordance with Article 102 of the Charter of the United Nations
full particulars of all ratifications, declarations and denunciations
General in accordance with the provisions of the preceding articles.
Article 85
Governing Body of the International Labour Office, at any time it deems necessary
submit to the General Conference a report on the implementation of the Convention
and examine the desirability of placing on the agenda of the Conference the question of its
full or partial revision.
Čl.86
First The adoption by the General Conference a new Convention revising totally or partially
this Convention, unless the new Convention otherwise
A) the ratification of the new revising Convention shall ipso jure
immediate denunciation of this Convention, notwithstanding the provisions of Article 82, and it
with the proviso that the new revising Convention comes into force;
B) the date when the new revising Convention comes into force this Convention shall cease to be a member
open to ratification.
Second This Convention shall remain in force in its actual form and content for those
Member States which have ratified it but have not ratified the revising Convention
.
Article 87
French and English texts of this Convention are equally authoritative.
Příl.1
International standard industrial classification of all economic activities
(Revised from r. 1968)
List of sections, divisions and classes Section Class
Division 1: Agriculture, Hunting, Forestry and Fishing
11 Agriculture, hunting
111 Crop and livestock production
112 Services and works for agriculture
113 Hunting, trapping and wildlife planting
12 Forestry and logging
121 Forestry (silviculture)
122 Logging 13 130 Fishing
Division 2: Mining and mining
21210 Coal Mining
22,220 Crude oil and natural gas
23,230
mining of metal ores 29290 Mining and quarrying of other minerals
Division 3: Manufacturing
31 Production of food, beverages and tobacco
311-312 Food
313 Beverage
314 Tobacco production
32 Textile, clothing and leather industry
Textile Processing 321
322 Manufacture of wearing apparel, except footwear
323 Manufacture of leather and fur products
and products made from materials substituting skin and
fur, except footwear and apparel
324 Manufacture of footwear besides solid rubber produced
vulkanisací and shaping footwear and plastic
33 fuel Woodwork including furniture
331 products of wood and cork, except furniture
332 Manufacture of furniture and home furnishings except
metal 34 Manufacture of paper and paper products, printing and
publishing
341 Manufacture of paper and paper products
342 Printing, publishing and related
Business
35 Manufacture of chemicals and oil products, coal,
Rubber and plastic
351 Production of industrial chemicals
352 Manufacture of other chemical products
353 Oil refinery
354 manufacture of various products of petroleum and coal
355 Production gumárenská
356 Manufacturing nec products from plastic
36 fuel processing non-metallic mineral products except
Oil and coal
361 Manufacture of pottery, porcelain and ceramics
362 manufacture of glass and glass products
369 manufacture of other non-metallic minerals, metals metallurgy
37
371 iron and steel
372 Ferrous Metals
38 Manufacture of metal working and engineering
381 metal-working industry, except machinery and equipment
382 Electrical Engineering production except
383 Manufacture of electrical machinery, apparatus and components
384 Manufacture of transport equipment
385 Manufacture of professional and scientific equipment and
equipment not elsewhere classified, and of photographic
and optical devices
39390 Other manufacturing
Division 4: Production of electricity, gas and water
41410 Production of electricity, gas and steam
42420 Waterworks and water supply
Section 5: Construction
50 500 Construction
Division 6: Wholesale, retail, restaurants and hotels
Wholesale 61,610 62,620 Retail
63 Restaurants and hotels
631 Restaurants, cafes and other establishments for
meals and snacks
632 hotels, dormitories, camps, and other lodging
equipment
Section 7: Transport, storage and communications
71 transport and storage services
711 Land transport
712 Water transport
713 Aviation
719 Affiliated transport services 72,720
Connections
Section 8: Banking, insurance, real estate and business services
81,810 Financial institutions 82,820
Insurance 83 Real Estate and Business Services
831 Properties
832 Business services (services for the business sphere
), in addition to renting of machinery and equipment
833 Lease and rental of machinery and equipment
Section 9: Public administration, social and personal services
91,910 Public administration 92,920
Services sanitary nature, environment protection, etc.
93 Social and related services for a company
931 Schooling and education
932 Research and scientific institutes
933 Medical, dental and other medical
Services and Veterinary Services
934 Social and Charitable Services
935 Business, technical, professional and trade
organization
939 Other social and public services 94
Services for recreation, relaxation and culture
941 Cinema and other services for entertainment
942 libraries, museums, botanical and zoological gardens
and other cultural activities not elsewhere classified
949 Amusement and recreation services not elsewhere classified 95
Services Personal and household services
951 Repair services not elsewhere classified
952 laundry and dyeing
953 Household Services
959 Miscellaneous personal service
96,960 International organizations and other extraterritorial
institutions
Division 0: Activities not adequately defined (not elsewhere classified)
00 000 Activities not adequately defined (
elsewhere classified)
