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On The European Social Charter

Original Language Title: Par Eiropas Sociālo hartu

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The Saeima has adopted and the President promulgated the following laws: on the European Social Charter article 1. 18 October 1961 European Social Charter (hereinafter the Charter) this law is accepted and approved. 2. article. In accordance with article 20 of the Charter of the Republic of Latvia undertakes to consider binding themselves following the other sections of the Charter articles: article 1;
5. Article;
Article 6;
Article 8;
Article 9;
Article 11;
Article 13;
Article 14;
Article 16;
17. article. 3. article. The law shall enter into force on the date of its promulgation. With the law put the Charter in English, and its translation into Latvian language. 4. article. The Ministry of welfare to coordinate the fulfilment of the obligations provided for in the Charter. 5. article. Entry into force of the Charter in its article 35 and the period specified in the order, and the Ministry of Foreign Affairs shall notify the newspaper "journal". The law adopted by Parliament in 2001 on December 6. The President of the Parliament instead of the President j. stream in 2001 Riga 18 December European Social Charter preamble the Governments signatory of the heret, being members of the Council of Europe, Considering that the aim of the Council of Europe is the achievement of greater unity between its members for the purpose of safeguarding and realising the ideals and principles which are their common heritage and of facilitating their economic and social progress , in particular by the maintenance and further realisation of human rights and fundamental freedom; Considering that in the European Convention for the Protection of Human rights and Fundamental Freedom is signed at Rome on 4th November 1950, and the Protocol signed at Paris on the theret 20th March 1952, the member States of the Council of Europe agreed to secure to their population in the civil and political rights and freedom is therein specified; Considering that the enjoymen of social rights should be secured without discrimination on grounds of race, colour, sex, religion, political opinion, national extraction or social origin; Being resolved to make every effort in common to improve the standard of living and to promote the social well-being of both their urban and rural population by means of appropriate institutions and action, have agreed as follows: part I the Contracting Parties accept as the aim of their policy, to be pursued by all appropriate means, both national and international in character , the attainmen of conditions in which the following rights and principles may be effectively realised: 1 everyone shall have the opportunity to earn his living in an occupation freely entered upon. 2. All workers have the right to just conditions of work. 3. All workers have the right to safe and healthy working conditions. 4. All workers have the right to a fair remuneration sufficient for a decent standard of living for themselves and their families. 5. All workers and employers have the right to freedom of association in national or international organisations for the protection of their economic and social interests. 6. All workers and employers have the right to bargain collectively. 7. Children and young persons have the right to a special protection against the physical and moral hazard to which they are exposed. 8. Self-employed women, in case of maternity, and other employed women as appropriate, have the right to a special protection in their work. 9. Everyone has the right to appropriate facilities for vocational guidance with a view to helping him choose an occupation suited to his personal aptitude and interests. 10. Everyone has the right to appropriate facilities for vocational training. 11. Everyone has the right to benefit from any measure of enabling him to enjoy the highest possible standard of health attainabl. 12. All workers and their dependent will have the right to social security. 13. Anyone without adequat resources has the right to social and medical assistance. 14. Everyone has the right to benefit from social welfare services. 15. Disabled persons have the right to vocational training, rehabilitation and resettlemen, whatever the origin and nature of their disability. 16. The family as a fundamental unit of society has the right to appropriate social, legal and economic protection to ensur it full development. 17. the Mother and children, irrespectiv of marital status and family relations, have the right to appropriate social and economic protection. 18. The nationals of any one of the Contracting Parties have the right to engage in any gainful occupation in the territory of any one of the others on a footing of equality with the nationals of the latter, subject to restriction based on economics or social reason cogens. 19. Migrant workers who are nationals of a Contracting Party and their families have the right to protection and assistance in the territory of any other Contracting Party. Part II the Contracting Parties, as provided for in the undertak part II, they consider themselves bound by the obligations laid down in the following articles and paragraphs. Article 1 – the right to work With a view to ensuring the effective exercise of the right to work, the Contracting Parties: 1. the undertak accept as one of their primary aims and responsibilities the achievement and maintenance of as high and stable a level of employment as possible, with a view to the attainmen of full employment; 2. to protect effectively the right of the worker to earn his living in an occupation freely entered upon; 3. to establish or maintain free employment services for all workers; 4. to provide or promote appropriate vocational guidance, training and rehabilitation. Article 2 – the right to just conditions of work With a view to ensuring the effective exercise of the right to just conditions of work, the Contracting Parties: 1. the undertak provide for reasonable daily and weekly working hours, the working week to be progressively reduced to the exten the that the increase of productivity and other relevant factors permit; 2. to provide for public holidays with pay; 3. to provide for a minimum of two weeks annual holiday with pay; 4. to provide for additional paid holidays or reduced working hours for workers engaged in dangerous or unhealthy occupation as prescribed; 5. a weekly rest period ensur which shall, as far as possible, with the day recognised coincid by tradition or custom in the country or region concerned as a day of rest. Article 3 – the right to safe and healthy working conditions With a view to ensuring the effective exercise of the right to safe and healthy working conditions, the Contracting Parties: 1. the undertak issue safety and health regulations; 2. to provide for the enforcement of such regulations by measure of supervision; 3. to consult, as appropriate, employers ' and workers ' organisations on the measure intended to improve industrial safety and health. Article 4 – the right to a fair remuneration With a view to ensuring the effective exercise of the right to a fair remuneration, the Contracting Parties : 1. the undertak recognis the right of workers to a remuneration such as will give them and their families a decent standard of living; 2. the right of recognis workers to an increased rate of remuneration for work, overtim subject to exception in particular cases; 3. the right of recognis men and women workers to equal pay for work of equal value; 4. to the right of "recognis all workers to a reasonable period of notice for termination of employment; 5. the permit marbles from WAGs only under conditions and to the exten the prescribed by national laws or regulations or fixed by collective agreements or arbitration awards. The exercise of these rights shall be achieved by freely concluded collective agreements, by statutory wage-fixing machinery, or by other means appropriate to national conditions. Article 5 – the right to organise With a view to ensuring or promoting the freedom of workers and employers to form local, national or international organisations for the protection of their economic and social interests and to join those organisations, the Contracting Parties that the national law undertak shall not be such as to impair, nor shall it be so applied as to impair This freedom. The exten to which the guarantee of access provided for in this article shall apply to the police shall be determined by national laws or regulations. The principals of each of the applications to the members of the armed forces of these guarantee and the exten to which they shall apply to persons in this category shall equally be determined by national laws or regulations. Article 6 – the right to bargain collectively With a view to ensuring the effective exercise of the right to bargain collectively, the Contracting Parties: 1. the undertak promote joint consultation between workers and employers; 2. to promote, where appropriate, machinery not cessary and for voluntary negotiation between employers or employers ' organisations and workers ' organisations, with a view to the regulation of terms and conditions of employment by means of collective agreements; 3. to promote the establishment and use of appropriate machinery for Acas and voluntary arbitration for the settlement of the labour dispute; and recognis; 4. the right of workers and employers to collective action in cases of conflicts of interest, including the right to strike, subject to obligations that might be «arise out of collective agreements previously entered into. Article 7 – the right of children and young persons to protection With a view to ensuring the effective exercise of the right of children and young persons to protection, the Contracting Parties: 1. the undertak provides that the minimum age of admission to employment shall be 15 years, subject to exception for children employed in prescribed light work without harm to their health , moral or education; 2. to provide that a higher minimum age of admission to employment shall be fixed with respect to prescribed occupation is regarded as dangerous or unhealthy; 3. to provide that persons who are still subject to compulsory education shall not be employed in such work as would depriv them of the full benefit of their education; 4. to provide that the working hours of persons under 16 years of age shall be limited in accordanc with the needs of their development, and particularly with their need for vocational training; 5. the right of recognis young workers and a fair wage the apprentic or other appropriate allowance; 6. to provide that the time by young persons in spen vocational training during the normal working hours with the consent of the employer shall be treated as forming part of the working day; 7. to provide that employed persons of under 18 years of age shall be entitled to not less than three weeks ' annual holiday with pay; 8. to provide that persons under 18 years of age shall not be employed in night work with the exception of certain occupation provided for by national laws or regulations; 9. to provide that persons under 18 years of age employed in occupation of prescribed by national laws or regulations shall be subject to regular medical control; 10. the special protection against ensur physical and moral dangers to which children and young persons, and particularly with the exposed against those resulting directly or indirectly from their work. Article 8 – the right of employed women to protection With a view to ensuring the effective exercise of the right of employed women to protection, the Contracting Parties: 1. the undertak provide either by paid leave, by social security benefits adequat or by benefits from public funds for women to take leave before and after childbirth up to a total of at least 12 weeks; 2. to consider it as unlawful for an employer to give a woman notice of dismissal during her absence on maternity leave or to give her notice of dismissal at such a time that the notice would expires during such absence of; 3. to provide that mothers who are nursing their shall be entitled to Infante sufficient time off for this purpose; 4. a. it regulat the employment of women workers on night work in industrial employment; b. the prohibi the employment of women workers in underground mining, and, as appropriate, on all other work which is unsuitabl for them by reason of its dangerous, unhealthy, or of arduo nature. Article 9-the right to vocational guidance With a view to ensuring the effective exercise of the right to vocational guidance, the Contracting Parties to provide or undertak promote, not sharp, a service which cessary will assist all persons, including the handicapped, to solve problems related to occupational choice and progress, with due regard to the individual's characteristics and their relations to occupational opportunity : this assistance should be available free of charge, both to young persons, including school children, and to adults. Article 10 – right to vocational training the With a view to ensuring the effective exercise of the right to vocational training, the Contracting Parties: 1. the undertak provide or promote, as the cessary, not technical and vocational training of all persons, including the handicapped, in consultation with employers ' and workers ' organisations, and to grant facilities for access to higher technical and university education , based solely on individual aptitude; 2. to provide or promote a system of apprenticeship and other systematic arrangements for training young boys and girls in their various employments; 3. to provide or promote, as does not: a. adequat cessary and readily available training facilities for adult workers; b special facilities for the re-training of adult workers needed as a result of technological development or new trends in employment; 4. to encourag the full utilisation of the facilities provided by appropriate measure-such as: a reducing or abolishing any fees. or charges; b. granting financial assistance in appropriate cases;. c. including in the normal working hours time to spen on supplementary training taken by the worker, at the request of his employer, during employment; (d) ensuring, through supervision of adequat., in consultation with the employers ' and workers ' organisations, the efficiency of apprenticeship and other training arrangements for young workers, and the protection of adequat young workers generally. Article 11 – the right to protection of health With a view to ensuring the effective exercise of the right to protection of health, the Contracting Parties, either directly or undertak in co-operation with public or private organisations, to take appropriate measure of designed inter alia: 1. to remove as far as possible the causes of ill-health; 2. to provide advisory and educational facilities for the promotion of health and the encouragement of individual responsibility in matters of health; 3. to prevent as far as possible, endemic diseases and others 1987. Article 12 – the right to social security With a view to ensuring the effective exercise of the right to social security, the Contracting Parties: 1. the undertak establish or maintain a system of social security; 2. to maintain the social security system at a satisfactory level at least equal to that required for ratification of International Labour Convention (No. 102) Concerning minimum standards of Social Security; 3. to endeavour to raise progressively the system of social security to a higher level; 4. to take steps, by the conclusion of appropriate bilateral and multilaterals agreements, or by other means, and subject to the conditions laid down in such agreements, in order to: a. ensur equal treatment with their own nationals of the nationals of other Contracting Parties in respect of social security rights, including the retention of benefits arising out of social security legislation , whatever the movement of protected persons may undertak between the territories of the Contracting Parties; b. the granting, maintenance and resumption of social security rights by such means as the accumulation of insurance or employment periods completed under the legislation of each of the Contracting Parties. Article 13 – the right to social and medical assistance With a view to ensuring the effective exercise of the right to social and medical assistance, the Contracting Parties: 1. the undertak ensur that any person who is without adequat resources and who is unable to secure such resources either by his own efforts or from other sources, in particular by benefits under a social security scheme , be granted an adequat assistance, and, in the case of sicknes, the care is not cessitated by his condition; 2. that person will ensur receiving such assistance shall not, for that reason, suffer from a diminution of their political or social rights; 3. to provide that everyone may receive by appropriate public or private services such advice and personal help as may be required to prevent, to remove, or to alleviat personal or family want; 4. to apply the provision referred to in the paragraph 1, 2 and 3 of this article on an equal footing with their nationals to nationals of other Contracting Parties lawfully within their territories, in accordanc with their obligation under the European Convention on Social and Medical assistance, signed at Paris on 11th December 1953 article 14 – the right to benefit from social welfare services With a view to ensuring the effective exercise of the right to benefit from social welfare services, the Contracting Parties: 1. the undertak promote or provide services which, by using methods of social work, would contribute to the welfare and development of both individual and groups in the community, and to their adjustment to the social environment; 2. the participation of encourag individual and voluntary or other organisations in the establishment and maintenance of such services. Article 15-the right of physically or mentally disabled persons to vocational training, rehabilitation and social resettlemen With a view to ensuring the effective exercise of the right of physically or mentally disabled to the vocational training, rehabilitation and resettlemen, the Contracting Parties undertak: 1. to take the measure of adequat for the provision of training facilities, including, where specialised institutions, not public cessary, or private; 2. to take the measure of adequat for the placing of disabled persons in employment, such as specialised placing services, facilities for sheltered employment and measure it to the employer to encourag admi disabled persons to employment. Article 16 – the right of the family to social, legal and economic protection With a view to ensuring the cessary conditions for the full development of the family, which is a fundamental unit of society, the Contracting Parties to promote the undertak economic, legal and social protection of family life by such means as social and family benefits, fiscal arrangements, provision of family housing , benefits for the newly married, and other appropriate means. Article 17 – the right of mothers and children to social and economic protection With a view to ensuring the effective exercise of the right of mothers and children to social and economic protection, the Contracting Parties will take all appropriate and do not measure it at that end of the cessary, including the establishment or maintenance of appropriate institutions or services. Article 18-the right to engage in a gainful occupation in the territory of other Contracting Parties With a view to ensuring the effective exercise of the right to engage in a gainful occupation in the territory of any other Contracting Party, the Contracting Parties: 1. the undertak apply existing regulations in a spirit of liberality; 2. to simplify and to reduce existing formalit or abolish chancery du and others of charges payable by foreign workers or their employers; 3. it individually or collectively, liberalis, regulations for the employment of each foreign worker; and: 4 recognis. the right of their nationals to leave the country to engage in a gainful occupation in the territories of the other Contracting Parties. Article 19 – the right of migrant workers and their families to protection and assistance With a view to ensuring the effective exercise of the right of migrant workers and their families to protection and assistance in the territory of any other Contracting Party, the Contracting Parties: 1. it maintains undertak or it satisfy themselves that there are maintained adequat and free services to assist such workers , particularly in obtaining accurate information, and to take all appropriate steps, so far as national laws and regulations permit, against misleading propaganda relating to emigration and immigration; 2. to measure the adop appropriate within their own jurisdiction to facilitat the departure, journey and reception of such workers and their families, and to provide, within their own jurisdiction, appropriate services for health, medical attention and good hygienic conditions during the journey; 3. to promote co-operation, as appropriate, between social services, public and private, in emigration and immigration countries; 4. to secure for such workers lawfully within their territories, insofar as such matters are regulated by law or regulations or are subject to the control of administrative authorities, treatment not less than that of their favourabl own nationals in respect of the following matters: a. remuneration and other employment and working conditions; (b) membership of trade unions and enjoymen of the benefits of collective bargaining; c. accommodation; 5. to secure for such workers lawfully within their territories treatment not less than that of their favourabl own nationals with regard to employment taxes, due or contributions payable in respect of employed persons; 6. as far as the facilitat possible the reunion of the family of a foreign worker permitted to establish himself in the territory; 7. to secure for such workers lawfully within their territories treatment not less than that of their favourabl own nationals in respect of legal proceedings relating to matters referred to in this article; 8. to secure that such workers lawfully residing within their territories are not expelled unless they endanger national security or offend is against public interest or morality; 9. the permit within legal limits, the transfer of such parts of the earnings and savings of such workers as they may desire; 10. to extend the protection and assistance provided for in this article to self-employed migrants insofar as such a measure apply. Part II article 20 — Undertaking 1. Each of the Contracting Parties of: (a) this consider undertak. For I of this Charter as a declaration of the aims which it will by all means appropriate pursu, as stated in the introductory paragraph of that part; (b) consider itself bound by it. "at least five of the following articles of part II of this Charter: articles 1, 5, 6, 12, 13, 16 and 19; c. in addition to the articles selected by it in accordanc with the preceding sub-paragraph, consider itself bound by such a number of articles or numbered paragraphs of part II of the Charter as it may select, provided that the total number of articles or numbered paragraphs by which it is bound is not less than 10 articles or 45 numbered paragraphs. 2. The articles or paragraphs selected in accordanc with sub-paragraphs (b) and (c) of paragraph 1 of this article shall be notified to the Secretary General of the Council of Europe at the time when the instrument of ratification or approval of the Contracting Party concerned is deposited. 3. Any Contracting Party may, at a later date, declare by notification to the Secretary General that it will consider itself bound by any articles or any numbered paragraphs of part II of the Charter which it has not already accepted under the terms of paragraph 1 of this article. Such an undertaking shall be deemed to be subsequently given an integral part of the ratification or approval, and shall have the same effect as from the thirtieth day after the date of the notification. 4. The Secretary General shall communicate to all the signatory Governments and to the Director General of the International Labour Office any notification which he shall have received them this part pursuan of the Charter. 5. Each Contracting Party shall maintain a system of labour inspection appropriate to national conditions. For the article IV — 21 reports concerning accepted provision of the Contracting Parties shall send to the Secretary General of the Council of Europe a report at two-yearly intervals, in a form to be determined by the Committee of Minister, concerning the application of such provision of part II of the Charter as they have accepted. Article 22 reports concerning provision of which – are not accepted by the Contracting Parties shall send to the Secretary General, at appropriate intervals as requested by the Committee of Minister, reports relating to the provision of part II of the Charter which they did not accept at the time of their ratification or approval or in a subsequent notification. The Committee of Minister to determin shall from time to time in respect of which provision of such reports shall be requested and the form of the reports to be provided. Article 23 — Communications of Each Contracting Party to the cop 1 shall communicate to the cop of its reports referred to in articles 21 and 22 to such of its national organisations as are members of the international organisations of employers and trade unions to be invited under article 27, paragraph 2, to be represented at meetings of the Sub-Committee of the Governmental Social Committee. 2. The Contracting Parties shall forward to the Secretary General any comments on the said reports received from these national organisations, if so requested by them. Article 24: the Examination of the reports the reports sent to the Secretary General in accordanc with articles 21 and 22 shall be examined by a Committee of experts, who shall have also before them any comments forwarded to the Secretary General in accordanc with paragraph 2 of article 23 article 25 – Committee of experts 1. The Committee of experts shall consis of not more than seven members appointed by the Committee of Minister from a list of independent experts of the highest integrity and of recognised competence in international social questions, nominated by the Contracting Parties. 2. The members of the Committee shall be appointed for a period of six years. They may be reappointed. However, of the members first appointed, the terms of Office of two members shall expires at the end of four years. 3. The members whose terms of Office with it expires at the end of the initial period of four years shall be chosen by lot by the Committee of Minister to immediately after the first appointment has been made. 4. A member of the Committee of experts appointed to replace a member whose term of Office has not expired shall hold office for the remainder of his predecessors's term. Article 26: the Participation of the International Labour Organisation the International Labour Organisation shall be invited to a representative to nominat participat in a consultative capacity in the deliberation of the Committee of experts. Article 27 — Sub-Committee of the Governmental Social Committee 1. The reports of the Contracting Parties and the conclusions of the Committee of experts shall be submitted for examination to a sub-Committee of the Governmental Social Committee of the Council of Europe. 2. The Committee shall be composed of sub-of one representative of each of the Contracting Parties. It shall invite no more than two international organisations of employers and no more than two international trade union organisations as it may to be represented as designat observer in a consultative capacity at its meeting. Moreover, it may consult no more than two representatives of international non-governmental organisations having consultative status with the Council of Europe, in respect of questions with which the organisations are particularly qualified to deal, such as social welfare, and the economic and social protection of the family. 3. The sub-Committee shall present to the Committee of Minister a report containing its conclusions and append the report of the Committee of experts. Article 28 – Consultative Assembly the Secretary General of the Council of Europe shall transmit to the Consultative Assembly the conclusions of the Committee of experts. The Consultative Assembly shall communicate its views on these conclusions to the Committee of Minister. Article 29: the Committee of Minister By a majority of two-thirds of the members entitled to sit on the Committee, the Committee of the Minister may, on the basis of the report of the sub-Committee, and after consultation with the Consultative Assembly, make them each Contracting Party any cessary not recommendations. Part V article 30 – derogations in time of war or public emergency 1. In time of war or other public emergency threatening the life of the nation any Contracting Party may take the measure of the derogating from its obligations under this Charter to the exten the strictly required by the situation, the basis of the exigenc provided that such measure are not inconsistent with its other obligations under the with international law. 2. Any Contracting Party which has availed itself of this right of derogation shall, within a reasonable lapse of time, keep the Secretary General of the Council of Europe fully informed of the measure taken and of the reasons therefore of the. It shall notify the Secretary General of the likewis when such measure of have ceased to operate and the provision of the Charter which it has accepted are again being fully executed. 3. The Secretary General shall in turn inform other Contracting Parties and the Director General of the International Labour Office of all communications received in accordanc with paragraph 2 of this article. Article 31: Restriction 1. The rights and principles set forth in part I when effectively realised, and their effective exercise as provided for in part II, shall not be subject to any restriction or limitations not specified in those parts, except such as shall be prescribed by law and with not a democratic society for the cessary in protection of the rights and freedom of others or for the protection of public interest , national security, public health, or moral. 2. The restriction of the permitted under this Charter to the rights and obligations set forth herein shall not be applied for any purpose other than that for which they have been prescribed. Article 32 — relations between the Charter and domestic law or international agreements the provision of this Charter shall not prejudice the provision of domestic law or of any bilateral or multilaterals treats, convention or agreements which are already in force, or may come into force, under which more treatment would be accorded a favourabl to the persons protected. Article 33 — Implementation by collective agreements 1. In member States where the provision of paragraphs 1, 2, 3, 4 and 5 of article 2, paragraphs 4, 6 and 7 of article 7 and paragraphs 1, 2, 3 and 4 of article 10 of part II of this Charter are matters normally left to agreements between employers or employers ' organisations and workers ' organisations, or are normally carried out otherwise than by law , the undertaking of those paragraphs may be given and compliance with them shall be treated as effective if their provision with applied through such agreements or other means to the great majority of the workers concerned. 2. In member States where these provision with a normally the subject of legislation, the undertaking concerned may be given in likewis, and compliance with them shall be regarded as effective if the provision applied by law to the great majority of them of the workers concerned. Article 34 – Territorial application 1 this Charter shall apply to the metropolitan territory of each Contracting Party. Each signatory Government may, at the time of signature or of the deposit of its instrument of ratification or approval, specify, by declaration addressed to the Secretary General of the Council of Europe, the territory which shall be considered to be its metropolitan territory for this purpose. 2. Any Contracting Party may, at the time of ratification or approval of this Charter or at any time thereafter, declare by notification addressed to the Secretary General of the Council of Europe, that the Charter shall extend in whole or in part to a non-metropolitan territory or territories specified in the said declaration for whose international relations it is responsible or for which it assume international responsibility. It shall specify in the declaration the articles or paragraphs of part II of the Charter which it would accept as binding in respect of the territories named in the declaration. 3. The Charter shall extend to the territory or territories named in the aforesaid declaration as from the thirtieth day after the date on which the Secretary General shall have the received notification of such declaration. 4. Any Contracting Party may declare at a later date, by notification addressed to the Secretary General of the Council of Europe, that, in respect of one or more of the territories to which the Charter has been extended in accordanc with paragraph 2 of this article, it will accept as binding any articles or any numbered paragraphs which it has not already accepted in respect of that territory or territories. Such an undertaking shall be deemed to be subsequently given an integral part of the original declaration in respect of the territory concerned, and shall have the same effect as from the thirtieth day after the date of the notification. 5. The Secretary General shall communicate to the other signatory Governments and to the Director General of the International Labour Office any notification transmitted to him in accordanc with this article. Article 35 — signature, ratification and entry into force 1 this Charter shall be open for signature by the members of the Council of Europe. It shall be ratified or approved. The instrument of ratification or approval shall be deposited with the Secretary General of the Council of Europe. 2. This Charter shall come into force as from the thirtieth day after the date of deposit of the fifth instrument of ratification or approval. 3. In respect of any signatory Government ratifying subsequently, the Charter shall come into force as from the thirtieth day after the date of the deposit of its instrument of ratification or approval. 4. The Secretary General shall notify all the members of the Council of Europe and the Director General of the International Labour Office of the entry into force of the Charter, the names of the Contracting Parties which have ratified or approved it and the subsequent deposit of any instruments of ratification or approval. Article 36 – Amendments Any member of the Council of Europe proposes amendments to the Maya this Charter in a communication addressed to the Secretary General of the Council of Europe. The Secretary General shall transmit it to the other members of the Council of Europe any amendments so proposed, which shall then be considered by the Committee of Minister and submitted to the Consultative Assembly for opinion. Any amendments approved by the Committee of of the Minister shall enter into force as from the thirtieth day after all the Contracting Parties have the informed the Secretary General of their acceptance. The Secretary General shall notify all the members of the Council of Europe and the Director General of the International Labour Office of the entry into force of such amendments. Article 37 – Denunciation 1 Any Contracting Party may denounc. this Charter only at the end of a period of five years from the date on which the Charter entered into force for it, or at the end of any successive period of two years, and, in each case, after giving six months notice to the Secretary General of the Council of Europe who shall inform the other parties and the Director General of the International Labour Office accordingly. Such denunciation shall not be affec the validity of the Charter in respect of the other Contracting Parties provided that at all times there are not less than five such Contracting Parties. 2. Any Contracting Party may, in accordanc with the provision set out in the preceding paragraph, denounc any article or paragraph of part II of the Charter accepted by it provided that the number of articles or paragraphs by which this Contracting Party is bound shall never be less than 10 in the former case and 45 in the latter and that this number of articles or paragraphs shall continue to include the articles selected by the Contracting Party among those to which special reference is made in article 20, paragraph 1, sub-paragraph (b) Any Contracting Party may 3 denounc the present Charter or any of the articles or paragraphs of part II of the Charter, under the conditions specified in paragraph 1 of this article in respect of any territory to which the said Charter is applicable by virtue of a declaration made in accordanc with paragraph 2 of article 34. Article 38, Appendix the appendix to this Charter shall form an integral part of it. In witness whereof, the undersigned, being duly authorised the theret, have signed this Charter. Done at Turin, this 18th day of October 1961, in English and French, both texts being equally authoritativ, in a single copy which shall be deposited within the archives of the Council of Europe. The Secretary General shall transmit certified cop to it each of the Signator.

Appendix to the Social Charter scope of the Social Charter in terms of persons protected 1 without prejudice to article 12, paragraph 4, and article 13, paragraph 4, the persons covered by articles 1 to 17 include the foreigner only insofar as they are nationals of other Contracting Parties lawfully resident or working regularly within the territory of the Contracting Party concerned , subject to the understanding that these articles are to be interpreted in the light of the provision of Article 18 and 19 of this interpretation would not prejudice the extension of similar facilities to other persons by any of the Contracting Parties. 2. Each Contracting Party will grant to refugees as defined in the Convention relating to the status of refugees, signed at Geneva on 28th July 1951, and lawfully staying in its territory, treatment as possible, and as a favourabl in any case not less than a favourabl under the obligation is accepted by the Contracting Party under the said Convention and under any other existing international instruments applicable to those refugees. For I, paragraph 18 and part II, article 18, paragraph 1 It is understood that these provision is not concerned with the question of entry into the territories of the Contracting Parties and do not prejudice the provision of the European Convention on establishment, signed at Paris on 13th December 1955. Part II article 1, paragraph 2 this provision shall not be interpreted as prohibiting or authorising any union security clause or practice. Article 4, paragraph 4 shall be understood the provision so as not to be immediate dismissal for any prohibi serious offenc. Article 4, paragraph 4 It is understood that a Contracting Party may give the undertaking required in this paragraph if the great majority of workers are not permitted to suffer from marbles of either by law or through wage collective agreements or arbitration awards, the exception being those persons not so covered. Article 6, paragraph 4 It is understood that each Contracting Party may, insofar as it is concerned, regulat the exercise of the right to strike by law, provided that any further restriction that this might place on the right can be justified under the terms of article 31, paragraph 7 of article 8 It is understood that a Contracting Party may give the undertaking required in this paragraph if it fulfil the spirit of the undertaking by providing by law that the great majority of persons under 18 years of age shall not be employed in night work. Article 12, paragraph 4 the words "and subject to the conditions laid down in such agreements" in the introduction to this paragraph are taken to imply inter alia that with regard to benefits which are available independently of any insurance contribution a Contracting Party may require the completion of a prescribed period of residence before granting such benefits to nationals of other Contracting Parties. Article 13, paragraph 4 Governments not parties to the European Convention on Social and Medical assistance may ratify.â the Social Charter in respect of this paragraph provided that they grant to nationals of other Contracting Parties a treatment which is in conformity with the provision of the said Convention. Article 19, paragraph 6 For the purpose of this provision, the term "family of a foreign worker" is understood to mean at least his wife and dependent children under the age of 21 years. Part III It is understood that the Charter contains legal obligations of an international character, the application of which is submitted solely to the supervision provided for in part IV thereof. Article 20, paragraph 1 It is understood that the "numbered paragraphs" may include articles consisting of only one paragraph. Part V article 30 the term "in time of war or other public emergency" shall be so understood as to cover also the threat of war.


European Social Charter the Charter signed in Member States of the Council of Europe, considering that the aim of the Council of Europe is to achieve greater unity among its Member States to ensure and implement them the ideals and principles which are their common heritage, and to facilitate their economic and social progress, especially in maintaining and further implementation of the human rights and fundamental freedoms;
* The belief that with the European human rights and basic freedoms Convention, which was signed in 1950 to November 4 in Rome, and its Protocol, which was signed on March 20, 1952, in Paris, the Council of Europe Member States have agreed to provide their people in its civil and political rights that are specified in these documents;
The belief that the enjoyment of social rights should be ensured without discrimination, regardless of race, colour, sex, religious belief, political opinion, nationality or social origin;
* Pledging jointly to make every effort to appropriate institutions and action to help raise living standards and promote the city, rural social welfare, agreed on the following: (I) the section of its policy objectives, which should encourage all appropriate means, as the national it international in nature, the contracting parties recognise the achievement of conditions that can be effectively realized in the following rights and principles 1. Everyone has the right to earn their living by freely chosen occupation.
2. All workers have the right to just conditions of work.
3. All workers have the right to safe and healthy working conditions.
4. All workers have the right to a fair remuneration that is sufficient to ensure a decent life for themselves and their families.
5. All workers and employers have the right to freedom of Association in national or international organisations to protect their economic and social interests.
6. All workers and employers have the right to conclude collective agreements.
7. Children and young people have the right to a special protection against the physical and moral harm to which they are subject.
8. Working women who are pregnant, and other female workers as needed, have a right to a special protection in their work.
9. Every person has the right to use the services of arodorientācij bodies with a view to help you choose the personal skills and interests under occupation.
10. Every person has the right to use the services of vocational training institutions.
11. Every person has the right to use any measures that allow it to maintain the highest possible level of health.
12. All workers and their dependents have the right to social security.
13. every person who lacks appropriate means, has the right to social and medical assistance.
14. Every person has the right to use the services of the social welfare services.
15. Disabled persons have the right to vocational training, rehabilitation and retraining, irrespective of their origin and the nature of the disability.
16. the family as the basic unit of society has the right to appropriate social, legal and economic protection to ensure its full development.
17. Mothers and children, irrespective of marital status and family relations, have the right to appropriate social and economic protection.
18. each of the Contracting Parties, citizens are entitled to a lucrative career anywhere in the territory of another Contracting Party on equal terms with nationals of another Contracting Party, the limits based on sound economic or social reasons.
19. Migrant workers who are nationals of a Contracting Party and their families have the right to protection and assistance in any of the other Contracting Party.
 
(II) in accordance with section III, the Contracting Parties undertake to consider the following articles and paragraphs themselves, binding commitments listed.
 
Article 1 – right to work to ensure effective use of the right to work, the Contracting Parties undertake: 1. to consider the highest possible and stable employment levels and maintenance on one of its primary objectives and commitments with a view to achieving full employment;
2. effectively defend the rights of workers to earn their living by freely chosen occupation;
3. establish or maintain free employment services that should be available to all workers;
4. to provide or promote appropriate vocational training and rehabilitation, arodorientācij.
 
Article 2 – right to just conditions of work To ensure an effective right to fair working conditions of use, the Contracting Parties undertake: 1. to establish appropriate working day and working week, progressively reducing the length of the working week, which allows it to increase productivity and other relevant factors;
2. determine the official celebration of the day of payment;
3. identify the paid annual leave of at least two weeks;
4. workers are recognized as professions, life or dangerous, provide additional paid holidays or reduced working time;
5. to ensure a weekly rest period, which coincides with a possible date, in accordance with national or regional tradition or custom is considered a day of rest.
 
Article 3 – right to safe and healthy working conditions in order to ensure an effective right to safe and healthy working conditions of use, the Contracting Parties undertake: 1. to issue safety and health of workers;
2. the supervisory mechanisms to ensure the implementation of these provisions;
3. to advise the relevant employers ' and workers ' organisations on measures intended to improve the safety and protection of health.
 
Article 4 – right to a fair remuneration, in order to ensure an effective right to a fair remuneration, the Contracting Parties undertake: 1. to recognise the right of workers to a remuneration which ensure them and their families a decent living conditions;
2. to recognise the right of workers to an increased remuneration for overtime work, with exceptions in certain cases;
3. to recognize workers ' rights of men and women to equal pay for work of equal value;
4. to recognise the right of workers to be acceptable to all, which is notified of the termination;
5. allow deductions from wages only under conditions and it to the extent determined by the national legislation or regulations, or which are collective agreements or arbitration awards.
These rights are carried out using the free collective contract concluded, in accordance with the law a fixed wage-setting policy or in any other way that is appropriate to the circumstances in the country concerned.
 
Article 5 – the right to hang out in order to ensure or promote workers ' and employers ' right to freely develop local, national or international organisations to protect their economic and social interests and to join those organisations, the Contracting Parties undertake to ensure that national legislation which does not restrict, or apply it to restrict this right. The extent to which the guarantees provided for in this article shall apply to the police shall be determined by national laws or regulations. Similarly, the national legislation or regulations lays down the principles according to which these guarantees are applied to personnel of the armed forces, and the extent to which they shall apply to persons who fall into this category.
 
Article 6: the right to conclude collective agreements in order to ensure an effective right to conclude collective agreements, the use, the Contracting Parties undertake: 1. to promote joint workers ' and employers ' advice;
2. where it is necessary and appropriate, to promote mechanisms to support voluntary negotiations between employers or employers ' organizations and workers ' organizations, to the collective agreements regulate the terms and conditions of work;
3. promote appropriate conciliation and voluntary vidutājīb the mechanism of creation and use of working for the settlement of disputes;
and recognise: 4. the workers ' and employers ' right to collective action in cases of conflicts of interest, including the right to strike, subject to obligations that might arise under the collective agreement concluded before then.
 
Article 7 – right of children and young people to protection in order to ensure an effective right of children and young people to protection, the Contracting Parties undertake: 1. to provide that the minimum age for recruitment is 15 years, with exceptions for children who are employed particularly in small jobs provided without damage to their health, morals or education;
2. determine the expected higher minimum age of admission to employment in specific occupations that are considered dangerous or harmful to health;
3. determine that the person is still subject to compulsory education are not employed in jobs that prevent them completely to acquire this education;
4. determine the length of the working day for persons under 16 years of age shall be limited in accordance with their development needs, particularly in accordance with their need for vocational training;
5. to recognize the new workers and apprentices to a fair wage or other appropriate payment;
6. determine that the time that young people with the consent of the employer's normal working days spent in vocational training is considered part of the duration of the working day;
7. determine that workers under the age of 18 years are entitled to no less than three weeks annual paid vacation;
8. determine that the person is under the age of 18, are not employed in night work, except in certain occupations that are determined by national legislation or regulations;
9. to determine that the persons who are under 18 years of age and are employed in national legislation or regulations in certain professions are subject to regular medical check-ups;
10. to ensure special protection against physical and moral damage, which are exposed to children and young people, especially those that directly or indirectly from their work.
 
Article 8 – working women the right to protection in order to ensure efficient working women the right to protection, the Contracting Parties undertake: 1. either in the form of paid leave, or with related social benefits or allowances of public funds help ensure women leave before and after childbirth, for a total duration of at least 12 weeks;
2. be considered unlawful an employer warns woman about her dismissal was maternity leave, or if he warns him about the dismissal that the warning period this leave source;
3. to provide that mothers who are breastfeeding are entitled to this end sufficiently long breaks in the work;
4. (a) to regulate the employment of women workers on night shifts in industry;
(b) prohibit the use of women for work in mines, mining and all other work, respectively, which are not suitable for their dangerous or unhealthy nature or severity.
 
Article 9 — right to arodorientācij in order to ensure effective use of the rights of the arodorientācij, the Contracting Parties undertake to provide or promote either the creation of a service that provides assistance to all persons, including disabled people, to solve problems related to occupational choice and vocational skills development, given the intrinsic properties of the individual and their compliance with job offers; This assistance should be available free of charge-as young people, including students, the adults.
 
Article 10 – right to vocational training, to ensure effective protection of the right to vocational training, the parties undertake: 1. to provide either, or contribute to the whole person, including disabled people, technical and vocational training, in consultation with employers ' and workers ' organisations, and to ensure conditions favourable to higher technical and university education, based solely on individual capabilities;
2. to provide or promote a system of apprenticeship and other systematic mechanisms for new boys and girls in their preferred training in the various occupation;
3. either ensure or promote the following: a. adequate and readily available training facilities for adult workers;
b. special institutions for the adult worker retraining, necessary for the development of technology or the new generation of employment;
4. encourage full use of the opportunities provided by the following measures: a. all payments or pay reduction or abolition;
b. financial assistance in appropriate cases;
c. the time that worker spends the extra training, which he started at the employer's request, into the working day in the duration of the existence of the employment relationship;
(d) a monitoring and consultation with employers ' and workers ' organizations, and other disciples of the new way of working and the effectiveness of training new workers to the General protection.
 
Article 11 – right to protection of health, in order to ensure effective protection of the right to health, the implementation of, the Contracting Parties undertake, either directly or in co-operation with public or private organisations, to take appropriate measures, in particular: 1. to reduce possible deterioration of health reasons;
2. to provide advisory and educational services to health and propaganda to promote individual responsibility in matters relating to health;
3. as far as possible to prevent a possible epidemic, endemic and other diseases unless.
 
Article 12 – right to social security, to ensure the effective protection of the right to social use, the Contracting Parties undertake: 1. to introduce or to maintain the social security system;
2. to maintain the social security system a satisfactory level, at least similar to that required for ratification of international labour Convention (No. 102) concerning minimum standards of social security;
3. commit to a progressive increase in the social security system to a higher level;
4. the conclusion of appropriate bilateral and multilateral agreements or other means to take measures in accordance with the conditions laid down in those agreements, in order to ensure: a. equal treatment of their own nationals and nationals of other Contracting Parties in respect of social security rights, including the social security legislation of the resultant material aid without taking into account the conservation movement of persons in the territory of the Contracting Parties;
b. social security rights, retention and continuation with such features as in accordance with the legislation of each Contracting Party, of the periods of insurance or employment periods totaling.
 
Article 13 – right to social and medical assistance in order to ensure an effective right to social and medical assistance, the Contracting Parties undertake: 1. to ensure that any person who lacks the resources and who is unable to provide these features either themselves or from other sources, in particular from the social insurance system benefits, provides appropriate assistance and disease — the condition of the person concerned adequate maintenance;
2. to ensure that persons receiving such assistance, for this reason, do not suffer from their political or social rights action;
3. ensure that any person may obtain from the appropriate public or private services advice and personal assistance to the extent necessary to prevent, eliminate or alleviate the lack of any individual person or family;
4. apply the 1, 2, and 3. the conditions of point on an equal basis as its own nationals the nationals of other Contracting Parties, in their territories, in accordance with the legal obligations arising from the European social and medical assistance, signed the Convention in Paris, 11 December 1953.
 
Article 14: the right to use the services of the social welfare services in order to ensure the effective use of social welfare services the use of the service, the Contracting Parties undertake: 1. to promote or provide services which, by using methods of social work, promoting it as an individual in society welfare and development and to adapt to the social environment;
2. to encourage individuals and voluntary or other organisations participating in the establishment of such services and maintenance.
 
Article 15 — disabled and retarded person the right to vocational training, rehabilitation and social placements to ensure effective disabled and retarded person of the right to vocational training, rehabilitation and social use of the premises, the Contracting Parties undertake: 1. to take appropriate measures to ensure the training facilities, including, where necessary, specialised institutions, public-private;
2. to take appropriate measures to persons who have a disability, the installation work, including specialised institutions specialised in the residence, work place, and measures to encourage employers to hire persons who have a disability.
 
Article 16 – right of the family to social, legal and economic protection to ensure the conditions necessary for full family as the basic unit of society development, the Contracting Parties undertake to promote family life, economic, legal and social protection with features such as family benefits, fiscal incentives, the provision of residential fund families, allowances for the newly married and other appropriate means.
 
Article 17 – right of mothers and children to social and economic protection to ensure effective right of mothers and children to social and economic protection, the Contracting Parties shall take the necessary and appropriate measures, including the establishment of institutions and services, and maintenance.
 
Article 18: rights to lucrative occupation of territory of the other Contracting Parties in order to ensure an effective right to a lucrative career anywhere in the territory of another contracting party use, the Contracting Parties undertake: 1. to apply existing regulations in a spirit of liberalism;
2. to simplify existing formalities and to reduce or cancel the court fees and other charges to be made by workers the aliens or their employers;
3. individually or collectively to liberalise laws governing the employment of foreign workers;
and recognise: 4. the right of its citizens to leave their country, to make a lucrative occupation in other territories of the Contracting Parties.
 
Article 19: the migratory workers and their families the right to protection and assistance in order to ensure effective conservation of migratory workers and their families to protection and assistance in the use of any other Contracting Party, the Contracting Parties undertake: 1. to maintain or to make sure that you maintain the appropriate free services that these workers can get assistance, especially to get accurate information, and to take all the necessary measures, to the maximum extent permitted within national legislation and laws to combat misleading propaganda relating to emigration and immigration;
2. within its own jurisdiction to take appropriate measures to facilitate the workers and members of their families, the pārceļojum and the departure of accommodating, and within the jurisdiction of their own to provide appropriate health and medical maintenance services and good hygienic conditions at the time of removal;
3. where necessary, to promote public and private social services in emigration and immigration cooperation between countries;
4. in so far as they are covered by laws or regulations or under the control of the public administration bodies, to ensure that these workers are legally staying in their territory the same treatment as their own nationals with regard to the following matters: a. remuneration and other employment and working conditions;
(b) participation in trade unions and rights. to use collective agreements opportunities;
c. choice of residence.
5. to ensure that these workers illegally staying on their territory the same treatment as their own nationals with regard to employment taxes, dues or payments to be made in respect of persons employed;
6. as far as possible, promote family reunification for workers from abroad who have received residence permits in their territory;
7. workers who legally resident within its territory, to ensure the same treatment as their own nationals with regard to the legal procedures in matters referred to in this article;
8. to ensure that workers who illegally staying on their territory, are not expelled, except when they threaten national security, act contrary to public interest or violates the moral standards;
9. the limits of the law to allow these workers to earn funds or stock transfers to the extent they themselves wish.
10. to extend the protection laid down by this article and help to the individual workers are migrants insofar as such measures apply.
 
Title III article 20 — warranty 1. each Contracting Party undertakes: a. to consider the Charter in title I of the Declaration of the aims which it will pursue by all appropriate means, in accordance with the introduction to this section above;
b. be considered himself bound by at least five of the following articles under Title II of the Charter: 1, 5, 6, 12, 13, 16 and 19;
c. in addition to the articles in which it has chosen, in accordance with the provisions of the preceding subparagraph, be regarded as a number of binding himself to the Charter or to the articles of title II, with the numbers of the points which it chooses, provided that the total of its parent article or with digits denote the number of points shall not be less than ten articles or forty five digits denote points.
2. Article or section, selected in accordance with paragraph 1 of this article, (b) and (c), subparagraph. are communicated to the Secretary-General of the Council of Europe at the time when the Contracting Party deposits an instrument of ratification or approval.
3. each Contracting Party may, at a later time, declare, by notice to the Secretary General that it considers itself bound by any of the articles of title II of the Charter or with digits designated points, which it is not yet accepted in accordance with paragraph 1 of this article. The following later date provided in the warranty will be considered as an integral part of the ratification or approval, they will have the same effect beginning with the thirtieth day from the date of notification.
4. the Secretary-General shall notify all the signatory Governments and to the Charter, the International Labour Office, the Director-General of any communication which he has received in accordance with the conditions of this section of the Charter.
5. Each Contracting Party shall maintain appropriate national conditions labour inspection system.
 
Section IV article 21 a report on the conditions adopted every two years, the Contracting Parties shall send the report to the Secretary-General of the Council of Europe, which must determine the form of the Committee of Ministers, on the Charter of the application of the provisions of title II, which they have accepted.
 
Article 22 — messages for conditions that have not been adopted By the Committee of Ministers defined intervals, the Contracting Parties shall forward to the Secretary-General reporting on those conditions of title II of the Charter, which they did not accept the instrument of ratification or approval, or by sending the notice then. The Committee of Ministers from time to time determine in respect of which the conditions should be required and the form in which those reports must be submitted.
 
Article 23 — a copy of the acknowledgement 1. each Contracting Party shall forward its article 21 and 22 of that report them to your copy of the national organizations, their international employers ' and workers ' trade union members, which, in accordance with article 27 (2) of the need to be represented in the Intergovernmental Committee of the social Sub-committee meetings.
2. following the above request, the national organization of the Contracting Parties shall send to the Secretary General any comments on the said reports received from these national organisations.
 
Article 24: examination of Report messages that are sent to the Secretary General under article 21 and 22 of the conditions, the Commission of experts, which is any comments forwarded to the Secretary General in accordance with paragraph 2 of article 23.
 
Article 25 — Commission of experts 1. Commission of experts consisting of no more than seven members, appointed by the Committee of Ministers of the Contracting Parties, the independent expert made the list, which includes experts with the highest reputation and established competence in international social issues.
2. The members of the Commission are appointed for six years. They may be reappointed. But from the first time among the members appointed by two experts ' term of Office shall end after four years.
3. the experts whose mandate should end after the initial four-year period, the Committee of Ministers shall determine by drawing lots immediately after the first appointment.
4. the expert member of the Commission, who has been appointed to a place where the expert's term of Office has not expired, holding that position until the end of his predecessor's term of Office.
 
Article 26: the International Labour Organization's participation in the International Labour Organization are invited to call their representative with the Rights Adviser participates in the deliberations of the Commission of experts.
 
Article 27 — intergovernmental Social Committee Subcommittee 1. reports of the Contracting Parties and the Commission of Experts conclusions are submitted to the Council of Europe intergovernmental committees in the social Sub-committee for review.
2. the Subcommittee shall consist of one representative from each of the Contracting Parties. Of their choice upon the no more than two international organisations of employers and no more than two international trade union organisations to be represented as observers with its consultants. Moreover, it may consult no more than two representatives of the public organizations that have consultative status at the Council of Europe, in relation to matters to which these organizations have a special competence, such as social welfare and the family economic and social protection.
3. the Subcommittee shall submit a report to the Committee of Ministers, which presents its conclusions and serving on attachment to the report of the Commission of experts.
 
Article 28 – Consultative Assembly the Secretary General of the Council of Europe Consultative Assembly of experts commend the Commission's conclusions. The Consultative Assembly shall inform the Committee of Ministers about their views on these conclusions.
 
Article 29 – the Committee of Ministers by a two-thirds majority of voting members of the Committee by a majority of the Committee of Ministers, on the basis of the report of the Subcommittee and after consultation with the Consultative Assembly, can provide to any Contracting Party the necessary recommendations.
 
Title v article 30 — derogations from the obligations under or in time of emergency 1. Jurisdictional or other emergency at a time when the nation is at stake, any Contracting Party may take measures derogating from its obligations in the context of this Charter to the extent strictly determined by the emergency nature of the situation, provided that such measures are not inconsistent with its other international obligations.
2. any Contracting Party that is authorized to use this right to derogate from its obligations, the corresponding time period will provide the Secretary-General of the Council of Europe full information on the measures taken and the reasons therefor. In the same way, it will inform the Secretary General of this event and the expiry of the terms of the Charter, which it has adopted, actions lie in full.
3. the Secretary-General shall inform the other Contracting Parties and the Director General of the International Labour Office of all the messages that have been received in accordance with paragraph 2 of this article.
 
Article 31 – restrictions 1. Effectively realisable rights and principles referred to in title I, and their effective use in accordance with the provisions of title II shall not be subject to any restrictions or limits, other than those referred to in those sections, except those determined by the law and which are necessary in a democratic society, citizens for the protection of the rights and freedoms or of public interest, national security, public health or morals.
2. the restrictions which this Charter allows for the rights and obligations referred to are not suitable for purposes other than those for which they were intended.
 
Article 32: the Charter and national legislation or international treaty obligations in terms of this Charter will not violate the rules of national law or of any bilateral or multilateral treaties, conventions or agreements which are already in force or may come into force, under which the conditions in respect of the protected persons are more favourable.
 
Article 33 – implementation of collective agreement within 1. In Member States where this Charter section 2 of article II 1., 2., 3., 4. and 5. point 7 of article 4, paragraphs 6 and 7 and article 10 1, 2, 3 and 4 conditions are issues that are usually reflected in the agreements between employers or employers ' organisations and workers ' organisations, or the law provides another way of implementing them can be given guarantees in relation to those points and they will be treated as effective if their provisions are fulfilled, the application of these agreements or other means appropriate to the majority of workers to which they apply.
2. In Member States where these provisions are normally reflected in the law, the guarantees can be given in a similar way, and the filling will be deemed effective if the following conditions are imposed by law for the majority of workers to which they apply.
 
Article 34 – territorial application 1 this Charter applies to everyone in the metropolitan area. At the bottom of every Government can subscription at the time of signature or when depositing its instrument of ratification or approval by the European Declaration addressed to the Secretary General of the Council of State assistance to the territory for this purpose will be considered to be its metropolitan area.
2. Any Contracting Party ratification or approval of this Charter or at any time thereafter, addressed to the Secretary General of the Council of Europe statement can declare that this Charter apply in full or in part to a non-metropolitan territory or territories shown in the said Declaration for whose international relations it is responsible or for which it assumes international responsibility. It should be noted in the Declaration of the Charter articles of title II, or points, which it recognizes as binding in respect of the territories named in the Declaration.
3. the Charter shall enter into force with respect to the territory or territories named in the Declaration, starting with the thirtieth day from the date when the notice is received by the Secretary General of such declaration.
4. Any Contracting Party may declare at a later time, by sending a notification to the Secretary-General of the Council of Europe that, in respect of one or more of the territories to which, in accordance with paragraph 2 of this article of the Charter has been applied to this solicitation, it accepts as binding any articles or any points designated by numbers, which it was not recognized until then in relation to the area or those territories. This, at a later time, provided the guarantees are considered an integral part of the original declaration in respect of the territory concerned and its the same effect is obtained from the thirtieth day from the date of notification.
5. the Secretary-General shall communicate to the other signatory Governments and to the Charter, the International Labour Office, the Director-General of any communication which he has received in accordance with this article.
 
Article 35 — signature, ratification and entry into force 1 this Charter shall be open for signature by the Member States of the Council of Europe. It must be ratified or approved. The instruments of ratification or the approval documents shall be deposited with the Secretary-General of the Council of Europe.
2. this Charter shall enter into force on the thirtieth day from the date when it is submitted to the fifth in succession of the ratification or approval.
3. in respect of any signatory Government Charter, which it ratified by then, the Charter shall enter into force on the thirtieth day from the date when it deposits its instruments of ratification or approval.
4. the Secretary-General shall communicate to the other signatory Governments and to the Charter, the International Labour Office, the Director-General on the entry into force of the Charter, the names of the Contracting Parties which have ratified or approved by the Charter, and for any later deposited instruments of ratification or approval.
 
Article 36 – amendments Any Member State of the Council of Europe may propose amendments to this Charter, by sending a message to the Secretary General of the Council of Europe. The Secretary-General shall forward to the other Member States of the Council of Europe following the proposed amendments, which are then considered in the Committee of Ministers and submitted to the Consultative Assembly to clarify its position. Any amendment approved by the Committee of Ministers shall enter into force on the thirtieth day after all parties have informed the Secretary General of their acceptance. The Secretary-General shall notify all the Member States of the Council of Europe and the Director-General of the International Labour Office of the entry into force of the amendment.
 
Article 37 denunciation 1 — any Contracting Party may denounce this Charter only after five years have passed since the Charter entered into force for it, or every two years and, in any of these cases, after six months it has warned the Secretary General of the Council of Europe, who shall inform the other Contracting Parties and the Director General of the International Labour Office. Such denunciation shall not affect the validity of the Charter in relation to the other Contracting Parties, provided that any such Contracting Party not less than five.
2. in accordance with the provisions of the preceding paragraph, any Contracting Party may denounce any of its approved Charter, section II, article or paragraph, provided that this Contracting Party bound by the article or the number of points is never less than 10 articles or 45 points and the number of points in this article and still they are included in the article that the Contracting Party concerned are chosen from those who are specifically mentioned in article 20 (b) of paragraph 1. above.
3. Any Contracting Party may denounce this Charter or any of the articles under Title II of the Charter, or points under this article in such conditions in respect of any territory to which the Charter applies through the Declaration, which is submitted in accordance with paragraph 2 of article 34.
 
Article 38 – Annex annex to this Charter shall form an integral part thereof.
In witness whereof the undersigned, duly authorized, sign this Charter.
Signed in Turin, 18 October 1961, the English and French languages, both texts are equally authentic, in a single copy, stored in the archives of the Council of Europe. The Secretary-General shall send certified copies to each signatory party.
 
Social CHARTER supplement Social Charter protected persons: 1. Without prejudice to article 12, paragraph 4, and article 13, paragraph 4, the persons covered by articles 1 to 17 include foreigners only insofar as they are nationals of other Contracting Parties that legally resident or regularly working on the territory of the Contracting Party concerned, provided that there is an understanding that those articles be explained in the light of articles 18 and 19.
This explanation does not inhibit any of the Contracting Parties be granted similar protection to other persons.
2. each Contracting Party shall guarantee the refugees who are under 28 July 1951 Geneva Convention on refugees signed in the status definition and lawfully resident in its territory, treatment no less favourable as possible and, in any event, not less favourable than required by the contracting parties concerned, the undertakings entered into under the Convention, and subject to any other international instruments applicable to those refugees.
 
 
Title I, paragraph 18 and title II, article 18, paragraph 1 it is understood that these conditions do not apply to the question of entry into the territories of the Contracting Parties and not violating the 1955 December 13 to the European Convention signed in Paris on the place of residence of persons.
 
 
Section II, article 1, paragraph 2 this provision cannot be interpreted as a prohibition or authorisation to apply a trade safeguard clause or to use it in practice.
 
Article 4, paragraph 4 this provision to be understood so that there is any serious reason is not prohibited to use immediate dismissal.
 
Article 4, paragraph 5, it is understood that a Contracting Party may give the guarantees provided for in this paragraph, if most workers, either by law or by collective agreements or arbitration decision is not permitted to apply deductions from wages and salaries, except those to which that protection does not apply.
 
Article 6, paragraph 4 it is understood that each Contracting Party shall, as far as it is concerned, may regulate the use of the right to strike by law, provided that any further restriction that this might impose these rights can be justified in accordance with the conditions laid down in article 31.
 
Article 7, paragraph 8 it is understood that a Contracting Party may give the guarantees provided for in this paragraph if it fulfils the spirit of these guarantees, with the law determining that most of the persons who have not reached 18 years of age, are not used for working the night shift.
 
Article 12, paragraph 4, the words "in accordance with the conditions laid down in those agreements" in the introduction to this paragraph are used to indicate inter alia that with regard to benefits which are available independently of any insurance contribution, a party may determine the specific period of residence before it provides these benefits for nationals of other Contracting Parties.
 
Article 13, paragraph 4 Governments not participating in European social and Medical Assistance may ratify the Convention of the Social Charter in respect of this paragraph provided that they guarantee the other citizens of the Contracting Parties treatment that is in accordance with the provisions of that Convention.
 
Article 19, paragraph 6, for the purposes of this condition the terms "alien workers" family "is meant at least his wife and dependent children who are not under 21 years of age.
 
Section III it is understood that the Charter contains legal obligations of an international character, the application of which is subject only to the mentioned monitoring Section IV.
 
Article 20, paragraph 1 it is understood that "with numbers marked points" can be included in the article, which is just one point.
 
Title v article 30 the term "jurisdictional or other contingency time" will be understood to also include the threat of war.