Key Benefits:
Original text 1
The General Conference of the International Labour Organization,
Convened in Geneva by the Governing Council of the International Labour Office and meeting there on 4 June 1934 at its eighteenth session,
Having decided to adopt various proposals relating to unemployment insurance and various forms of assistance to the unemployed, the second item on the agenda of the session,
Having decided that these proposals would take the form of an international convention,
Adopt, this twenty-third day of June, nine hundred and thirty-four, the following convention, which will be known as the Unemployment Convention, 1934:
1. Any member of the International Labour Organization ratifying this Agreement shall 1 To maintain a system that provides for the involuntary unemployed covered by this Convention:
2. Provided that it ensures, to all persons to whom this Agreement applies, the allowances or allowances provided for in s. 1, this system can be:
3. It is for the national legislation to lay down, where appropriate, the conditions under which the unemployed would be called upon to move from the benefits scheme to the benefit scheme.
1. This Agreement applies to all persons who are ordinarily employed in exchange for salary or wages.
(2) However, each member may provide, in his national law, such exceptions as he deems necessary in respect of:
3. Members shall make known in the annual reports submitted by them on the application of this Convention any exceptions which they have made under the preceding paragraph.
4. This Convention shall not apply to seamen, seamen fishermen or agricultural workers, such as these categories may be defined by national legislation.
In the case of partial unemployment, allowances or allowances shall be allocated to unemployed persons whose employment is reduced under the conditions laid down in the national legislation.
The right to receive an allowance or allowance may be subject to the following conditions to be met by the applicant:
The right to receive compensation or an allowance may be subject to other conditions or disqualifications, in particular those provided for in art. 6, 7, 8, 9, 10, 11 and 12. The conditions and disqualifications other than those provided for in the foregoing Articles shall be indicated in the annual reports submitted by the Members on the application of this Convention.
The right to receive compensation or an allowance may be subject to the completion of an internship involving:
The right to receive compensation or an allowance may be subject to the expiry of a waiting period for which the duration and conditions of application must be laid down by national law.
The right to receive an allowance or allowance may be subject to attendance at a vocational or other course of instruction.
The right to receive compensation or an allowance may be subject to acceptance, under conditions to be determined by national law, of employment in relief work organised by a public authority.
1. The applicant may be disqualified from entitlement to allowances or allowances for an appropriate period if he refuses to accept suitable employment. Should not be considered suitable:
2. The applicant may be disqualified from entitlement to allowances or allowances for an appropriate period of time:
3. Any applicant who, by leaving his employment, has received from his employer, under his employment contract, compensation substantially equal to his loss of gain during a given period, may be deprived of the right to allowances and allowances for The duration of this period. However, severance pay under national law cannot be regarded as such compensation.
The right to receive an allowance or allowance may only be granted for a limited period, which shall not normally be less than 156 working days per year and, under no circumstances, be less than 78 working days per year.
1. Payment of allowances shall not be subject to the applicant's statement of need.
2. The right to receive an allowance may be subject to the finding, under conditions to be determined by national law, of the applicant's condition of need.
1. Compensation must be paid in cash, but additional benefits to facilitate the return of the insured person to work can be attributed in kind.
2. Allowances can be allocated in kind.
Courts or other competent authorities shall be established, in accordance with national law, to decide questions arising from applications for allowances or allowances submitted by persons to whom the application applies. Convention.
1. The applicant may be deprived of the right to allowances or allowances for any period in which he or she resides abroad.
2. A special scheme may be established for frontier workers who have their place of work in one country and their place of residence in another.
Foreigners must be entitled to allowances and allowances under the same conditions as nationals. However, any member may refuse nationals of any member or State which is not bound by this Convention, equal treatment with its own nationals in respect of benefits derived from funds to which the applicant does not Contributed.
The official ratifications of this Convention shall be communicated to and registered by the Director General of the International Labour Office.
(1) This Convention shall only bind the members of the International Labour Organization whose ratification has been registered by the Director General.
2. It shall enter into force twelve months after the ratifications of two members have been registered by the Director General.
3. Thereafter, this Convention shall enter into force for each member twelve months after the date on which its ratification has been registered.
As soon as the ratifications of two members of the International Labour Organization have been registered with the International Labour Office, the Director-General of the International Labour Office will notify all members of the The International Labour Organization. It will also notify them of the registration of ratifications, which will subsequently be communicated to it by all other members of the organisation.
1. Any member who has ratified this Convention may denounce it, at the expiration of a period of five years after the date of the initial implementation of the Convention, by an act communicated to the Director General of the International Bureau of the Work, and by registered him. The denunciation shall take effect only one year after being registered at the International Labour Office.
2. Any member who has ratified this Agreement which, within one year after the expiration of the five-year period referred to in the preceding paragraph, shall not make use of the right of denunciation provided for in this Article shall be bound For a further period of five years, and thereafter may terminate this Agreement at the expiration of each five-year period under the conditions set out in this Article.
Whenever it deems it necessary, the Governing Council of the International Labour Office shall submit to the General Conference a report on the application of this Convention and consider whether it should be included in the agenda of the Conference the question of its total or partial revision.
1 Content according to Art. 1 of conv. N O 116 of 26 June 1961, approved by the Ass. Fed. 2 Oct. 1962 (RS 0.822.721.6 ).
1. In the event that the Conference adopts a new convention for the total or partial revision of this Convention, and unless the new Convention provides otherwise:
(2) This Convention shall in any case remain in force in its form and content for members who have ratified it and which do not ratify the revised Convention.
Both the English and French texts of this Agreement shall prevail.
(track signatures)
States Parties |
Ratification Succession (S) |
Entry into force |
||
Algeria |
19 October |
1962 S |
19 October |
1962 |
Bulgaria |
29 December |
1949 |
29 December |
1950 |
Cyprus |
8 October |
1965 |
8 October |
1966 |
Djibouti |
August 3 |
1978 S |
August 3 |
1978 |
Spain |
5 May |
1971 |
5 May |
1972 |
France * |
21 February |
1949 |
21 February |
1950 |
Overseas Territories: Comoros, New Caledonia, French Polynesia, St-Pierre-et Miquelon |
27 November |
1974 |
27 November |
1974 |
Great Britain |
29 April |
1936 |
10 June |
1938 |
Guernsey, Jersey, Isle of Man |
29 April |
1936 |
10 June |
1938 |
Nyasaland *, Northern Rhodesia * |
August 20 |
1963 |
August 20 |
1963 |
Malta * |
10 June |
1964 |
10 June |
1964 |
Gibraltar * |
11 November |
1964 |
11 November |
1964 |
Ireland |
10 June |
1937 |
10 June |
1938 |
Italy |
22 October |
1952 |
22 October |
1953 |
New Zealand |
March 29 |
1938 |
March 29 |
1939 |
Netherlands |
17 January |
1966 |
17 January |
1967 |
Peru |
April 4 |
1962 |
April 4 |
1963 |
Switzerland |
14 June |
1939 |
14 June |
1940 |
* |
Reservations and declarations, see below. |
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France
The Convention is not applicable to the overseas departments of Guadeloupe, Martinique, French Guiana and Réunion.
Gibraltar
Article 1, para. 2: The order on social insurance benefits of non-contributors does not guarantee allowances for involuntary unemployed persons who are not subject to the compulsory insurance scheme provided for in the Social Insurance Ordinance.
Art. 2, let. (g) Workers who have exceeded the age for retirement lose the right to allowances, whether or not they are for retirement or old-age pensions.
Art. 16: Not applied.
Malta
Article 3: Compensation shall be awarded only to persons deemed to be unemployed.
Nyasaland
There are no joint committees of workers'and employers' representatives, who are likely to be consulted on the operation of the employment offices.
Northern Rhodesia
Same as Nyasaland's.
1 The English text is equally authentic.
2 This conv. Is only still applicable in relation to states, which have not acceded to the conv. N O 168 of 21 June 1988 concerning the promotion of employment and protection against unemployment (RS 0.822.726.8 ).
3 The Convention was adopted at the eighteenth session of the International Labour Conference and signed by the Chair of the International Labour Conference and the Director-General of the International Labour Office. Each State became a party to the Convention only after having deposited its instrument of ratification (Art. 18). As a result of the dissolution of the League of Nations and the amendment of the International Labour Organization, certain amendments to this Convention have become necessary for the exercise of the Functions of chancery which were previously entrusted to the Secretary General of the League of Nations. These amendments were taken into account in the present text of the Convention of 9 October 1946.
4 RU 55 609
5 The English text is equally authentic.