Rs 0.837.411 Convention N O 44 On June 23, 1934, Ensuring The Involuntary Unemployed Benefits Or Allowances

Original Language Title: RS 0.837.411 Convention no 44 du 23 juin 1934 assurant aux chômeurs involontaires des indemnités ou des allocations

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0.837.411 original text Convention n 44 ensuring unemployed unintended benefits or allowances adopted at Geneva on June 23, 1934, approved by the Federal Assembly on 24 September 1935, Instrument of ratification deposited by the Switzerland on 14 June 1939 entry into force for the Switzerland on June 14, 1940, amended by conventions n 80 and 116 the Conference General of the International Labour Organization Convened at Geneva by the governing body of the Office international labour and if there having met on June 4, 1934, in its eighteenth session, after having decided to adopt various proposals related to unemployment insurance and various forms of assistance to the unemployed, which is the second point on the agenda of the session, after deciding that these proposals would take the form of an international convention , Adopts, this twenty-third day of June thousand nine hundred thirty-four, the following which will be referred to as Convention of unemployment, 1934: art. 1-1. Any member of the International Labour Organization which ratifies this convention undertakes to maintain a system that ensures the involuntary unemployed covered by this convention is: a) "compensation", which is an amount paid because of contributions paid as a result of the use of the beneficiary by affiliation to a system either mandatory or optional; b) an "allowance", which is a benefit that is or a compensation , or an aid allocated under the General measures of assistance to the needy, but which may constitute compensation for a job in the relief work in the conditions provided for in art. 9; c) a combination of benefits and allowances.

2 provided that it ensures to all persons to whom applies this convention, the compensation and allowances provided to the by. 1, this system can be: has) a compulsory insurance; b) optional insurance; c) a combination of systems of compulsory insurance and optional insurance; d) one of the above systems, complemented by a system of assistance.

3. it is for national legislation to fix, where appropriate, the conditions in which the unemployed would be expected to pass the pension payments to the system of allowances.

See the Federal ACT on unemployment insurance (RS 837.0) and the O on unemployment insurance (RS 837.02).

Art. 2-1. This convention applies to all persons usually employed in Exchange for a salary or treatment.
2. However, each Member may, in its domestic law, such exceptions as it deems necessary regarding: a) the people of House; b) home workers, c) workers who have stable jobs dependent on the Government, local authorities or a public utility service; d) non-manual workers whose earnings are considered by the authority as being high enough to allow them to protect themselves against the risk of unemployment; e) workers whose employment was seasonal in nature, when the length of the season is normally less than six months and that stakeholders are not ordinarily occupied, during the rest of the year, to another job covered by this convention; f) young workers who have not yet reached a certain age; g) workers over a certain age and are for the benefit of a retirement or old age pension; h) people who are busy only at (casual or subsidiary jobs covered by the present convention title; i) the members of the family of the employer; j) exceptional categories of workers for which the particular circumstances are that it is not necessary or that it would be impracticable to apply the provisions of this convention.

3. members must make exceptions in the annual reports submitted by them on the application of this convention that they have made under the preceding paragraph.
4 this convention does not apply to seafarers, fishermen, or farm workers, such as these categories can be defined by national legislation.

Art. 3. in the case of partial unemployment, benefits or allowances must be attributed to the unemployed whose employment is reduced in the conditions determined by national law.

Art. 4 the right to receive compensation or allowance may be subject to the following to be completed by the applicant: a) being able to work and available for work; b) if being enrolled in a public or some other Office Employment Office approved by the competent authority and, subject to the exceptions and conditions that may be prescribed by national legislation (, regularly attend the said office; c) comply with all other requirements that may be laid down by national legislation to determine if it meets the conditions for the granting of an allowance or an allowance.

Art. 5. the right to receive compensation or allowance may be subject to other conditions or disqualifications, including those provided for in art. 6, 7, 8, 9, 10, 11 and 12. The conditions and disqualifications other those provided for in the articles in question should be listed in the annual reports submitted by members on the application of this convention.

Art. 6 the right to receive compensation or allowance may be subject to the completion of an internship with: a) the payment of a certain number of contributions over a specified period preceding the claim or the commencement of unemployment; b) or employment under this agreement for a specified period preceding the application of compensation or allowances or before the beginning of unemployment; c) or a combination of the above methods.

Art. 7. the right to receive compensation or allowance may be subject to the expiry of a waiting period with the duration and conditions of application must be determined by national legislation.

Art. 8. the right to receive compensation or allowance may be subject to attendance at a course of professional education or other.

Art. 9. the right to receive compensation or allowance may be subject to acceptance, under conditions to be determined by national legislation, for a job at work relief organized by a public authority.

Art. 10-1. The applicant may be disqualified from the right to compensation or allowances during an appropriate period if he refuses to accept suitable employment. Should not be regarded as appropriate: a. a job whose acceptance would include the residence in an area where there is no possibility of housing appropriate; b. A job which offered wage rate is lower or other employment conditions are less favourable: i. that could not reasonably expect the applicant taking into account those that he obtained usually in his ordinary profession, in the region where it was generally used, or he would have obtained had he continued to be so used (when it comes to a job offered in the profession and in the region where the applicant was usually used ultimately); ii. That level generally observed at this time in the profession and in the region in which employment is offered (in other cases);

c. a job lying vacant due to a stoppage of work due to a professional conflict; d. A job like that for one reason other than those referred to above and taking into account all the circumstances including the personal situation of the applicant, refusal of this job cannot be reasonably criticized.

2. the applicant may be disqualified from the right to compensation or allowances, for an appropriate period: a. If he lost his job in direct reason of a stoppage of work due to a professional conflict; b. If he lost his employment through his own fault or if he left voluntarily without legitimate reasons; c. If he tried to fraudulently obtain compensation or allowance; d. If it fails, to find work, the instructions for a public offering or any other competent authority, office or authority proves that, deliberately or negligently, it missed a reasonable opportunity of suitable employment.

3. any applicant who, in leaving his employment, received from his employer, under his employment contract, compensation substantially equal to his loss of income during a given period, may be deprived of the right to benefits and allowances for the duration of this period. However, a severance pay provided for in the national legislation cannot be regarded as such compensation.

Art. 11. the right to receive compensation or allowance may only be granted for a limited period which will be not normally less than 156 days per year and not be, in any case, less than 78 working days per year.

Art. 12-1. The payment of the allowances must not be subordinated to the State of need of the applicant.
2. the right to receive an allowance may be subject to the finding, under conditions to be determined by national legislation, of a State of need of the applicant.

Art. 13

1. the compensation must be paid in cash, but additional services intended to facilitate the delivery of the insured at work can be attributed in nature.
2. allowances may be granted in nature.

Art. 14 of the courts or other competent authorities should be established, in accordance with national law, to decide the issues raised by requests for compensation or benefits presented by the people to which this convention applies.

Art. 15-1. The applicant may be deprived of the right to benefits or allowances for any period of residence abroad.
2. a special regime may be established for cross-border workers who work in a country and their place of residence in another.

Art. 16. foreigners should be entitled to the allowances and benefits under the same conditions as nationals. However, any member can refuse to nationals of any member or State which is not bound by this convention, equality of treatment with its own nationals about the benefits of funds to which the applicant has not contributed.

Art. 17. the formal ratifications of this convention will be communicated to the Director-general of the international Bureau and the work by him saved.

Art. 18-1. This agreement will not bind the members of the International Labour Organization whose ratification will be registered by the Director-general.
2. it comes into force twelve months after the ratifications of two members have been registered by the Director-general.
3. thereafter, this convention will enter into force for each Member twelve months after the date where ratification has been registered.

Art. 19. as soon as the ratifications of two members of the International Labour Organisation have been registered at the international labour office, the Director-general of the international labour office shall notify that fact to all members of the International Labour Organization. It will also notify them the registration of ratifications which will subsequently be communicated to him by any other members of the organization.

Art. 20-1. Any Member ratifying this convention may report it, on the expiry 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 labour office, and recorded by him. Denunciation shall become effective one year after having been recorded to the international labour office.
2. any Member ratifying this convention which, within a period of one year after the expiry of the period of five years referred to in the previous paragraph, will not exercise the right of denunciation provided for by this article will be bound for a new period of five years, and, thereafter, may denounce this convention at the expiration of each period of five years as provided for in this section.

Art. 21. whenever necessary, the governing body of the international labour office will present to the General Conference a report on the application of this convention and will consider whether it is necessary to register to the agenda of the Conference the question of its revision total or partial.

Content according to art. 1 of the conv. n 116 of June 26, 1961, approved by SSA. fed. on Oct. 2. 1962 (RS 0.822.721.6).

Art. 22 1. In the event that the Conference adopt a new convention revising all or part of this agreement, and unless the new convention provides otherwise: a. the ratification by a member of the new convention revising would of right, notwithstanding art. 20 above, immediate denunciation of this convention, provided that the new convention revising is into force; b. The date of the entry into force of the new convention revising this convention would cease to be open to ratification by the members.

2. the present convention remain in any case in effect in its form and content for members which had ratified and which would not ratify the agreement review.

Art. 23. the texts in french and English of the present convention shall prevail one and the other.
(follow signatures)

Scope of the convention on 1 October 1982, States parties Ratification estate (S) entry into force Algeria 19 October 1962 S October 19, 1962 Bulgaria 29 December 1949 29 December 1950 Cyprus October 8, 1965 October 8, 1966 Djibouti 3 August 1978 S August 3, 1978 Spain may 5, 1971 5 May 1972 France * February 21, 1949 February 21, 1950 overseas territories : Comoros, New Caledonia, French Polynesia, St - Pierre - and Miquelon November 27, 1974 27 November 1974 Britain April 29, 1936 June 10, 1938 Guernsey, Jersey, Isle of Man, on April 29, 1936 10 June 1938 Nyasaland *, Northern Rhodesia * August 20, 1963 August 20, 1963 Malta * June 10, 1964 10 June 1964 Gibraltar * November 11, 1964 November 11, 1964 Ireland June 10, 1937 June 10, 1938 Italy October 22, 1952 October 22, 1953 New Zealand March 29, 1938 March 29, 1939 Netherlands January 17, 1966

January 17, 1967 Peru April 4, 1962 April 4, 1963 Switzerland June 14, 1939 June 14, 1940 * reservations and declarations, see below.

Reservations and declarations France the convention is not applicable to the French overseas departments Guadeloupe, Martinique, French Guiana and Réunion.
Gibraltar art. 1, al. 2: The contributor social insurance benefits Ordinance does not allowances to the involuntary unemployed who are not subject to the regime of the compulsory insurance provided by social insurance Ordinance.
Art. 2, let. (g): workers who have passed the age determined for retirement lose the right to benefits, whether they are or not for the benefit of a retirement pension or of old age.
Art. 16: Is not applied.
Malta art. 3: It is awarded compensation only to those deemed unemployed.
Nyasaland there is no mixed of representatives of workers and employers, committees may be consulted for everything related to the operation of employment agencies.
Northern Rhodesia even provided that that of Nyasaland.

14 95 SR; Also, FF 1935 I 989 the English text is authentic.
This conv. is still applicable only in relation to the States, which have not joined the conv. n 168 of 21 June 1988 concerning employment promotion and protection against unemployment (RS 0.822.726.8).
The convention was adopted in the eighteenth session of the International Labour Conference and signed by the Chairman of this session and the Director general of the international labour office. Each State became 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 Consti-tution of the International Labour Organization, certain modifications of the convention became necessary in order to ensure the exercise of the functions of Chancery who were previously entrusted to the Secretary-General of the League of Nations. It took account in this text of these amendments by the convention of 9 October 1946.
RU 55 609 English text is also faith.

11 State. July 2006

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