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On The Convention On Disability, Retirement And Survivor Benefits

Original Language Title: o Úmluvě o invalidních, starobních a pozůstalostních dávkách

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416/1991 Coll.
COMMUNICATION


Federal Department of Foreign Affairs

Federal Ministry of Foreign Affairs informs that on June 29
1967, at the 51st session of the General Conference of the International Labour Organisation
adopted the Convention on disability, retirement and survivor benefits
(no. 128). Ratification of the Czechoslovak Socialist Republic
was registered on January 11, 1990
Director General of the International Labour Office, with the Czechoslovak Socialist Republic
accepts the obligations only as regards Part III.
According to Article 48 paragraph 3 of the Convention entered into force for Czech and Slovak Federative Republic
into force on 11 January 1991.

Czech translation of the Convention shall be open simultaneously.

Convention no. 128

Convention on disability, retirement and survivors' benefits, 1,967

General Conference of the International Labour Organisation

Which was convened by the Governing Body of the International Labour Office in Geneva and there
met on 7 June 1967 at its meeting padesátémprvém,

Decided upon the adoption of certain proposals concerning the revision

Convention on old-age insurance (industry, etc.), 1933; Convention concerning retirement
Insurance (Agriculture), 1933; Convention on Disability Insurance (Industry
ad.), 1933; Convention on Disability Insurance (Agriculture), 1933; Convention on
Survivors' Insurance (Industry, etc.), 1933; and the Convention on
Survivors' Insurance (Agriculture), 1933, which is the fourth item on the agenda of the meeting
,

Determined that these proposals shall take the form of an international convention

Receives on 29 June 1967 Convention, which will be referred to as
Convention on disability, retirement and survivors benefits, 1967:
PART I.



General Provisions Article 1


In this Convention

A) the term "legislation" includes any regulations on social security
, as well as laws and regulations;

B) the term "prescribed" means determined by national laws or
thereunder;

C) the term "industrial undertaking" includes all undertakings in those
economic sectors: mining, manufacturing industry
construction, electricity, gas, water and health services;
Transportation and storage;

D) the term "residence" means ordinary residence in the territory of a Member State and the expression
"resident" means a person ordinarily resident in the territory of a Member State
;

E) the term "dependent" refers to a state of dependency which is assumed that
exists in certain cases;

F) the term "wife" means a wife who is dependent on her husband;

G) the term "widow" means a woman who was dependent on her husband at the time of his death
;

H) the term "child" includes:

I) schoolchild or under 15 years of age, whichever
age limit is higher;

Ii) a child younger than the prescribed age that is higher than the age
defined under i) of this paragraph, is an apprentice or student or
suffers from a chronic disease or infirmity to him
preventing any sort of gainful employment under specified conditions, unless
national legislation defines the term "child" to include every child in the age
significantly higher than the age established after point i) of this paragraph
;

I) the term "qualifying period" means a period of contribution or employment
or period of residence, or any combination thereof, whichever is
determined;

J) the term "contributory pension" and "non-contributory pension" means
income, the provision of which depends or does not depend on direct financial participation
secure persons or their employer or on a waiting time
employee activity.
Article 2


First Any Member State for which it is in force, this Convention will perform


A) Part I;

B) at least one of Parts II, III and IV;

C) the relevant provisions of Parts V and VI and

D) of Part VII.

Second Each Member State shall bring the ratification regarding which of Parts II to IV
accepts the obligations of the Convention.
Article 3


First Each Member which has ratified this Convention may subsequently
General of the International Labour Office that it accepts
obligations of the Convention in respect of one or more of Parts II to IV
not already specified in its ratification.

Second Obligations under paragraph 1 of this Article shall be deemed to

Integral part of the ratification and shall have the same effect since
of notification.
Article 4


First Member whose economy is insufficiently developed may apply
declaration appended to its ratification of the temporary exceptions provided for in
following Articles: Article 9, para. 2; Article 13, para. 2; Article 16, paragraph
. 2 and Article 22, para. 2. Any such declaration shall be given
reasons for such exceptions.

Second Each Member State which has made a declaration under paragraph 1 of this Article
will present reports on the implementation of the Convention submitted under article 22 of the Constitution
International Labour Organisation for any type of application
exception that

A) reason for doing so or insist that

B) the date set waives derogation.

Third Each Member State which has made a declaration under paragraph 1 of this Article
, wider security staff as soon as circumstances permit
.
Article 5


If a Member State with any of the Parts II to IV of this Convention
, covered by its ratification, is obliged to protect
prescribed classes of persons constituting not less than a specified percentage of employees or any
economically active population must
before they commit to the implementation of this section, make sure that the appropriate
percent was achieved.
Article 6


In Parts II, III or IV thereof, each Member State
take account of protection by means of insurance which, although according to his
legislation is not mandatory for protected persons,

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, their earnings do not exceed earnings
skilled manual male; and

C) complies, in conjunction with other forms of protection
relevant provisions of the Convention.

PART II.
Disability pension

Article 7


Each Member State which is bound by this part shall ensure
persons protected the provision of invalidity under other articles of this part
.
Article 8


Covered shall include inability to engage in gainful activity
extent prescribed, which inability is likely
permanent or persists after the expiry of a prescribed period of temporary or initial incapacity
.
Article 9


First The persons protected includes

A) all employees, including apprentices; or

B) prescribed classes of the economically active population, constituting
least 75% of the total economically active population; or

C) all residents or residents whose means do not exceed
during social events limit fixed under the provisions of Article 28.

Second If the validity of the declaration made under Article 4, heading
protected persons shall include

A) prescribed classes of employees, constituting at least 25% of all employees
; or

B) prescribed classes of employees in industrial enterprises, which constitute
least 50% of all employees in industrial enterprises.
Article 10


Invalidity benefit shall be a periodical payment calculated as follows:

A) under the provisions of Article 26 or 27, if they are protected
employees or classes of the economically active population;

B) under the provisions of Article 28, if they are all residents or
all residents whose means during the contingency
not exceed prescribed limits.
Article 11


First Whichever is covered, referred to in Article 10, the dose will be secured at


A) a protected person who, before the contingency,
in accordance with prescribed rules, a qualifying period which may be 15 years
contribution or employment or ten years of residence; or

B) where, in principle, all economically active persons protected
person who according to the rules fulfilled before social events
waiting period of three years of contribution and in whose name he was for the time they worked
, the prescribed yearly average number or yearly number of contributions
.

Second Depends if granting disability benefits to meet certain minimum
period of contribution, employment or residence, a reduced benefit must be secured at least


A) a protected person who, prior to the contingency, fulfilled

Accordance with prescribed rules, a qualifying period of five years of contribution, employment or residence
; or

B) where, in principle, all economically active persons protected
person who according to the rules fulfilled before social events
waiting period of three years of contribution and on whose behalf they were for the time they worked
, paid half the yearly average
number or yearly number of contributions specified under point b)
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 V, 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 protected person who
accordance with prescribed rules, five years of contribution or employment
stay.

Fourth A proportional reduction of the percentage indicated in the table appended to Part V
may be effected where the qualifying period for the benefit corresponding
reduced percentage exceeds five years of contribution or
employment or residence, but less than fifteen years of contribution
or employment or ten years of residence. A reduced benefit is provided by
paragraph 2 of this Article.

Fifth The provisions of paragraphs 1 and 2 of this Article shall be deemed to be fulfilled
if the dose is calculated in accordance with Part V
secured at least to a person protected in accordance with prescribed rules, a qualifying period
allowance or employment; this period may not be higher five years
specified minimum age, but may be increased depending on the age
rising up to a specified maximum number of years.
Article 12


Benefit specified in Articles 10 and 11 shall be granted throughout
social event or until such time as it replaces old-age pension.
Article 13


First Any Member State for which has been in this part of the Convention, under prescribed conditions


A) provide rehabilitation services which would prepare
disabled person, if possible, to return to her previous activity, or, if this is not possible
, engage in any gainful activity for her best with regard
its ability and competence; and

B) take measures to facilitate the placement of disabled persons in suitable employment
.

Second If the validity of the declaration made under Article 4, a Member State shall
waive the provisions of paragraph 1 of this Article.

PART III.
Old-age pension

Article 14


Each Member State which is bound by this part shall guarantee to persons protected
retirement.` by other articles of this part.
Article 15


First The contingency covered is survival beyond a prescribed age.

Second The prescribed age shall be not more than 65 years.
Competent authorities may set a higher age with regard to demographic, economic and social aspects
, statistically documented.

Third If the prescribed age of 65 years or more, this age
under prescribed conditions reduced for persons who have worked during the works
considers that national legislation for the purpose of providing retirement benefits for
difficult or harmful.
Article 16


First The persons protected includes

A) all employees, including apprentices; or

B) prescribed classes of the economically active population, constituting
less than 75% of the total economically active population; or

C) all residents or residents whose means do not exceed
after the contingency limit laid down in Article 28.

Second If the validity of the declaration made under Article 4, heading
protected persons includes

A) prescribed classes of employees, constituting at least 25% of all employees
; or

B) prescribed classes of employees in industrial enterprises, which constitute
least 50% of all employees in industrial enterprises.
Article 17


Retirement benefit shall be a periodical payment calculated as follows:

A) under the provisions of Article 26 or Article 27 if they are protected
employees or classes of the economically active population;

B) under the provisions of Article 28, if they are all residents or
all residents whose means during the events
not exceed prescribed limits.
Article 18


First Whichever is covered, the benefit specified in Article 17
secured at least


A) a protected person who, before the contingency,
in accordance with prescribed rules, a qualifying period which may be 30 years
contribution or employment or 20 years of residence; or

B) where, in principle, all economically active persons protected
person who has fulfilled before social events specified contribution
waiting time and on whose behalf he was for the time they worked, paid
set average the annual number of contributions.

Second Depends if the provision of retirement benefits is conditional upon a minimum period
contribution or employment, a reduced benefit shall be secured at least

A) a protected person who according to prescribed rules, completed a qualifying period
15 years of contribution or employment;

B) where, in principle, all economically active persons protected
person who, before social events completed a prescribed contribution
waiting time and on whose behalf they were for the time they worked, paid half set
the yearly average number of contributions by
point 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 V, 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 protected person who
accordance with prescribed rules decade
contribution or employment, or five years of residence.

Fourth A proportional reduction of the percentage indicated in the table appended to Part V
may be effected where the qualifying period for benefits corresponding
reduced percentage of more than 10 years of contribution or employment
or five years of residence, but less than 30 years of contribution
or employment, or 20 years of residence; exceeds a specified waiting period
15 years of contribution or employment, a reduced dose according
paragraph 2 of this Article.
Article 19


Benefits specified in Article 17 and 18 shall be granted throughout
social events.

PART IV.
The survivor's pension

Article 20


Each Member State which is bound by this part shall ensure
persons protected the provision of survivors' benefits under other articles of this part
.
Article 21


First Indoor include the loss of means of subsistence, which
widow or child suffered the death of the breadwinner.

Second In the case of a widow entitled to a survivor's benefit may be made conditional
reaching the prescribed age. Such age shall not be higher than the age for retirement
prescribed dose.

Third The dose can not be conditional on age, if the widow

A) is invalid, as may be prescribed; or

B) caring for a dependent child of the deceased.

Fourth For the childless widow entitled to a survivor's benefit may be determined
minimum duration of marriage.
Article 22


First The persons protected includes

A) the wives, children and, as may be prescribed, other dependents of the breadwinner
who were employees or apprentices; or

B) the wives, children and, as may be prescribed, other dependents of the breadwinner
within specified groups of the economically active population,
which constitute at least 75% of the total economically active population;
And

C) all widows, all children and all other prescribed dependents who have lost a breadwinner
are residents whose funds will be
case overridden during the contingency limit set by
provisions of Article 28.

Second If the validity of the declaration made under Article 4, the protected persons include


A) the wives, children and, as may be prescribed, other dependents of the breadwinner
within specified groups of employees, constituting at least 25%
all employees; or

B) the wives, children and, as may be prescribed, other dependents of the breadwinner
within specified groups of employees in industrial enterprises
which constitute at least 50% of all employees in industrial enterprises
.
Article 23


Benefit shall be a periodical payment calculated as follows:

A) under the provisions of Article 26 or Article 27 if they are protected all
employees or classes of the economically active population;

B) under the provisions of Article 28, if they are all residents or

All residents whose means during the events
not exceed prescribed limits.
Article 24


First Whichever is covered, the benefit specified in Article 23
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; When it comes to the survivor benefit payable
widow may instead require the widow completed a qualifying period of residence
;

B) where, in principle, the wives and children of all economically active persons
person protected whose breadwinner has completed, in accordance with prescribed rules
qualifying period of three years of contribution, provided that the name of the breadwinner
was a period during which he worked, the prescribed
yearly average number of contributions or yearly number of contributions.

Second If the survivor benefits conditional upon a minimum period of contribution or
time employment, a reduced benefit shall be secured at least

A) a person protected whose breadwinner has completed, in accordance with the rules laid down
qualifying period of five years of contribution or employment;

B) where, in principle, the wives and children of all economically active persons
, a person protected whose breadwinner has completed, in accordance with the rules laid down
qualifying period of three years of contribution, assuming the name of a breadwinner
the family was at the time, after which he worked, paid
half the yearly average number of contributions or annual
number of contributions referred to in subparagraph 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 V, 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 whose breadwinner
accordance with prescribed rules, five years
contribution, employment or residence.

Fourth A proportional reduction of the percentage indicated in the table appended to Part V
may be effected where the qualifying period for the benefit corresponding
reduced percentage exceeds five years of contribution or
employment or ten years of residence, but less
than fifteen years of contribution or employment or ten years of residence. If such
latency period of contribution or employment, a reduced dose
pursuant to paragraph 2 of this Article.

Fifth The provisions of paragraphs 1 and 2 of this Article shall be deemed to be fulfilled
if it is ensured by the levy calculated in accordance with Part V
least every person protected whose breadwinner in accordance with prescribed rules, a qualifying period
allowance or employment; this period may not be higher five years
within the specified minimum age, but may be increased depending on the age
rising up to a specified maximum number of years.
Article 25


Benefits specified in Articles 23 and 24 shall be granted throughout
social events.
PART V.


Calculation of periodical payments
Article 26


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 skilled worker determined 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 of subparagraph 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 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.

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.
Article 27


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 the order was
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.

5.Typickým unskilled labor for the purposes of subparagraph 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 account, 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.

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 based
wages for normal hours of work fixed by collective agreements,
or national laws or pursuant to, or
custom, including any cost of living allowances; if different steps
set wages by area and apply the provisions of paragraphs 6

This article shall apply to the average wage.
Article 28


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 of family
beneficiary exceed prescribed substantial amounts or substantial
amount fixed by the competent public authority in conformity with prescribed rules;

C) the total benefits and other means, after deduction of the substantial amounts
referred to in point b) sufficient to ensure a healthy and decent living conditions for families
beneficiary; must not be lower than the dose
calculated according to the provisions of Article 27;

D) the provisions of subparagraph c) shall be deemed satisfied if the total amount of benefits
paid under the Part concerned exceeds at least 30% of the total amount of benefits,
which would be obtained by applying the provisions of Article 27 and the provisions

I) Article 9, para. 1 point. b) Part II,

Ii) Article 16, para. 1 point. b) for Part III

Iii) Article 22, para. 1 point. b) for Part IV.
Article 29


First The amount of the cash benefits paid in accordance with Article 10, Article 17 and Article 23
will be reviewed are changed substantially
general level of earnings or the cost of living.

Second Each Member State shall notify the conclusions made by
during these reviews, the reporting on the implementation of the Convention submitted by
Article 22 of the Constitution of the International Labour Organisation and indicate what in this direction
done. Table

(Appendix to Part V)

Periodical payment of benefits to beneficiaries typical:

Part social event typical of beneficiaries%

II disability man with his wife
and two children 50

III old man with his wife
retirement age of 45

IV's death a widow with two
breadwinner children
45 families

PART VI.
Common provisions

Article 30


The national legislation ensuring the prescribed conditions
preserving acquired rights to contributory disability, retirement and survivor pensions
.
Article 31


First Under prescribed conditions may be suspended payment of disability,
retirement or survivor's benefits if the beneficiary is employed.

Second Contributory disability, retirement or survivors benefits may be curtailed
where it exceeds a specified amount of earnings of the beneficiary;
reduction in income can not be higher than earnings.

Third Non-contributory disability, retirement or survivors benefits may be curtailed
if it exceeds the earnings of the pensioner or his other means or the two taken together
prescribed amount.
Article 32


First A benefit to which a person protected would be entitled under any of sections
II to IV of 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
except in the case, under specified conditions, when it comes to
contributory benefits;

B) the period during which the person concerned is maintained at public
funds or on behalf of a device or social security services;

C) attempted if the person concerned has made a fraudulent claim;

D) if the social event caused by the offense, which was committed by the person
;

E) where the contingency has intentionally caused by the fault of gross
interested parties;

F) fails if the person concerned without serious reasons to use
medical or rehabilitation services placed at his disposal, or cares if
rules established for the verification of the existence or duration
social event or behavior modification beneficiaries; and

G) with respect to the survivor benefit for a period during which the widow is living with
man as his wife.

Second Part otherwise belonging benefits will be paid to persons who are dependent upon
interested party, in the circumstances and within the specified range
.
Article 33


First If, or should it have otherwise protected person is entitled to claim various benefits
disability, retirement or survivors, these benefits may be curtailed
under the conditions and within the specified range;
protected person receives in the aggregate at least as much as the most favorable benefit.


Second If, or should it have otherwise protected person entitled to the benefit provided for in this Convention
and receives if another social security cash benefit for the same
social event, with the exception of family allowances, may be benefits under
this Convention curtailed or stopped under specified conditions
a specified range under the condition that part of the levy which is
curtailed or stopped, exceeding the second dose.
Article 34


First Each applicant must have the right to appeal for denied benefits or
dispute about the type or amount of the benefit.

Second It will be determined by management to enable the applicant in this case, to represent him
qualified person chosen by, or representative
organizations representing persons protected or provided him assistance.
Article 35


First Each Member State shall assume general responsibility for the proper
provision of the benefits provided under this Convention and shall take all measures necessary
for this purpose.

Second Member shall accept general responsibility for the proper administration
facilities and services that assist in the implementation of this Convention.
Article 36


Unless entrusted management institution that is supervised by the public
authorities, or government department responsible to a legislature must
under specified conditions, to participate in the management representatives of persons protected;
National legislation may also provide for the participation of representatives
employers and public authorities.

PART VII.
Various provisions

Article 37


Each Member State whose legislation provides employees may
extent needed exclude from the application of this Convention:

A) persons performing casual labor;

B) members of the employer's family living with him, if you work for him;

C) other categories of employees, whose number may not exceed 10% of
other employees, except those who are exempted under a) and b)
this article.
Article 38


First Each Member State whose legislation provides employees
in a declaration accompanying the ratification temporarily exclude from the application of this Convention
agricultural sector employees who are not yet
protected by its legislation at the time of ratification.

Second Each Member State which has made a declaration under paragraph 1 of this Article
will present reports on the implementation of the Convention submitted by
Article 22 of the Constitution of the International Labour Organisation, the extent
done or intends to implement the provisions of this convention so far
respect to employees of the agricultural sector and any progress in the application of the Convention on
such employees, or there have been no changes that would be necessary to announce
provide all relevant explanations.

Third Each Member State which has made a declaration under paragraph 1 of this Article
, increase the number of employees protected in the agricultural sector
extent and as quickly as circumstances permit.
Article 39


First Each Member which ratifies this Convention may, in a declaration accompanying the ratification
exclude from the application of this Convention:

A) seafarers, including sea fishermen

B) public servants,

If these groups secured special schemes which quite
provide benefits at least equal to the benefits provided by this Convention.

Second If the validity of the declaration referred to in paragraph 1 of this Article may
Member suck exclude persons belonging to a group or groups excluded from
implementation of the Convention on the number of persons are taken into account when calculating the percent set
| ||
In paragraph 1, point. b) and paragraph 2, point. b) Article 9;

In paragraph 1, point. b) and paragraph 2, point. b) Article 16;

In paragraph 1, point. b) and paragraph 2, point. b) Article 22;

And point c) of Article 37.

Third Each Member State which has made a declaration under
paragraph 1 of this Article may subsequently notify the Director General
International Labour Office that it accepts the obligations of this Convention
group or groups to ratification.
Article 40


If a person protected by national legislation entitled if
death of the breadwinner to another periodic dose than
survivors' benefits may be such periodic doses considered
survivor benefits for purposes of this Convention .
Article 41


First A Member State which


A) has accepted the obligations under this Convention for Parts II, III and IV; and

B) provides for a percentage of the economically active population by at least 10%
higher than the percentage required by Article 9, para. 1 point. b)
in Article 16, para. 1 point. b) and Article 22, para. 1 point. b) or fulfill
article 9, para. 1 point. c) Article 16, para. 1 point. c) and Article 22, paragraph
. 1 point. C); and

C) providing at least two social events listed in sections
II, III and IV dose amount corresponding to a percentage of at least five units
higher than the percentages shown in the table appended to Part V,

May apply the provisions of the following paragraph.

Second Such a Member State may:

A) substitute for the purposes of Article 11, para. 2, letter. b) and Article 24, para.
2, point. b) there indicated period of three years to five years;

B) determine the beneficiaries of survivors' benefits in a manner that differs from
manner required by Article 21, which, however, ensures that the total number of beneficiaries
is lower than the number of beneficiaries which would result from the implementation of Article
21st

Third Each Member State which has applied the provisions of paragraph 2 of this article
will present reports on the implementation of the Convention submitted by
Article 22 of the Constitution of the International Labour Organisation
state of its law and practice regarding the matters dealt with the paragraph, and
progress has been achieved towards full implementation of the provisions of this Convention.
Article 42


First Each Member State

A) has accepted the obligations under this Convention for Parts II, III and IV; and

B) provides for a percentage of the economically active population by at least 10%
higher than the percentage required by Article 9, para. 1 point. b)
in Article 16, para. 1 point. b) and Article 22, para. 1 point. b) or fulfill
article 9, para. 1 point. c) Article 16, para. 1 point. c) and Article 22, paragraph
. 1 point. c)
may waive compliance with certain provisions of Parts II, III and IV
under the condition that the total amount of benefits paid under the part
will be at least 110% of the total amount which would be reached at
implementation of all the provisions of that section.

Second Each Member State has used such exceptions, the reports indicate
implementation of this Convention submitted under article 22 of the Constitution of the International Labour Organisation
state of its law and practice, if
terms of these exceptions, and progress to achieve full implementation of the provisions of this Convention
.
Article 43


This Convention shall not apply to

A) contingencies which occurred before the coming into force of the Convention
relevant participating 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
beginning efficiency.
Article 44


First This Convention revises the conditions laid down in this article

Convention on old-age insurance (industry, etc.), 1933,

Convention on old-age insurance (agriculture), 1933

Convention on Disability Insurance (Industry etc.), 1933

Convention on Disability Insurance (Agriculture), 1933

Convention on the Survivors' Insurance (Industry, etc.), 1933, and

Convention on the Survivors' Insurance (Agriculture), 1933

Second Legal effectiveness of the commitments under the Convention by the Member State
who is bound by one or more of the revised conventions will be when this
Convention comes into force for that Member State the following:

A) acceptance of the obligations of Part II of this Convention shall ipso jure
immediate denunciation of the Invalidity Insurance (Industry, etc.), 1933, and the Convention on
Disability Insurance (Agriculture), 1933;

B) acceptance of the obligations of Part III of this Convention shall ipso jure
immediate denunciation of the Old-Age Insurance (Agriculture), 1933;

C) acceptance of the obligations of Part IV of this Convention shall ipso jure
immediate denunciation of the Survivors 'Insurance (Industry, etc.), 1933, and the Convention on
Survivors' Insurance (Agriculture), 1933
Article 45


First Under Article 75 of the Convention on Social Security (Minimum Standard
), 1952, following the cease of the said Convention and its
relevant provisions in other parts relate to each Member

Which has ratified this Convention on the date on which this Convention comes
for that Member State and the efficiency is not valid any declaration under Article 38
:

A) Part IX, received a Member State commitments of Part II of this Convention;

B) Part V, adopted a Member State commitments in Part III of this Convention;

C) Part X, received a Member State commitments of Part IV of the Convention.

Second If there is no valid declaration under Article 38, it will be for the purpose
Article 2 of the Convention on Social Security (Minimum Standards) Convention, 1952,
considered acceptance of the obligations of the Convention for the commitments following
latter part of the Convention and its relevant provisions in other parts
:

A) Part IX, received a Member State commitments of Part II of this Convention;

B) Part V, adopted a Member State commitments in Part III of this Convention;

C) Part X, received a Member State commitments of Part IV of the Convention.
Article 46


If later the Conference adopted the Convention relating to one or several subjects
covered by this Convention, the provisions of this Convention which
will be listed on the new convention shall cease to apply to each Member State of
having ratified the Convention and the date at which the said Convention
comes into force for that Member state efficiency.

PART VIII.
Final provisions

Article 47


The formal ratifications of this Convention shall be communicated to the Director General
International Labour Office for registration.
Article 48


1. 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 from the date on which its ratification has been registered.
Article 49


First Each Member which has ratified this Convention may be
or one or more of Parts II to IV denounce it after the expiration of ten years from the date
on which the Convention first comes into force, by written communication
Director General of the International Bureau work that is recorded.
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 it
or one or more of parts II to IV will terminate at the expiration
ten years under the conditions mentioned in this article.
Article 50


First Director General of the International Labour Office shall notify all Member States
ILO registration of all ratifications and denunciations communicated to him by
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 51


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 and acts of denunciation registered by him
under the preceding articles.
Article 52


Whenever it deems it necessary, the Administrative Council of the International Labour Office
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
question of its full or partial revision .
Article 53


First The adoption by the General Conference a new Convention revising totally or partially
this Convention, unless the new Convention otherwise provides:

A) the ratification of the new revising Convention shall ipso jure
immediate denunciation of this Convention, notwithstanding the provision of article 49, with
when 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 54


The 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 Manufacture of food, beverage 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
materials substituting leather and fur, except footwear
and clothing
324 Manufacture of footwear besides solid rubber produced vulkanisací
and forming a shoe made of plastics
33 Products of wood, 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
activities
35 Manufacture of chemicals and products from petroleum, 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 minerals except products of petroleum
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 instruments
not elsewhere classified, and of photographic and optical

instruments 39 390 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
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 business)
the 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 entertainment services

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 (not elsewhere classified)