0.822.726.8 original text Convention n 168 concerning employment promotion and protection against unemployment, concluded at Geneva on 21 June 1988, approved by the Federal Assembly on 21 June 1990, Instrument of ratification deposited by the Switzerland on 17 October 1990 entry into force for the Switzerland on 17 October 1991 (State on Aug. 30, 2010) the General Conference of the International Labour Organization convened at Geneva by the governing body of the international labour office, and having met on 1 June 1988, in its 75th session;
Emphasizing the importance of work and productive employment in any society, as a result not only of the resources they create for the community but income they bring to workers, the social role they confer them and the sense of personal satisfaction they provide them;
Recalling the existing international standards in the field of employment and the protection against unemployment (convention and recommendation of unemployment, 1934; recommendation on unemployment (young people), 1935; recommendation on the guarantee of the means of existence, 1944; the social security (minimum standards) convention, 1952; convention and recommendation on convention and recommendation on the development of human resources policy of employment, 1964;) 1975; Convention and recommendation on the administration of labour, 1978; "and the policy of employment (supplementary provisions) recommendation 1984);
considering the extent of unemployment and underemployment affecting various countries of the world at all stages of development and, in particular, the problems of young people, including a large number is looking for a first job;
considering that, since the adoption of international instruments on protection against unemployment referred to above, has occurred in the legislation and practice of many members of important developments which necessitate the revision of existing standards, including the unemployment convention, 1934, and the adoption of new international standards for the promotion of full employment, productive and freely chosen, by all appropriate means including social security;
Noting that the provisions relating to unemployment benefits of the convention on social security (minimum standards), 1952, fix a protection level exceeded today by most compensation existing in industrialized countries and have not yet been complemented by higher standards, unlike those relating to other services, but that the principles underlying this convention remain valid and that its standards can still be an objective to achieve by some developing countries in a position to establish an unemployment compensation system;
Recognizing that policies giving rise to sustained and non-inflationary economic growth, a flexible response to changes and the creation and promotion of all forms of productive and freely chosen employment, including small businesses, cooperatives, self-employment and local employment initiatives, even by redistributing resources currently dedicated to the funding of activities to pure support for the benefit of suitable activities to promote employment, including orientation, training and professional rehabilitation, offer the best protection against the harmful effects of involuntary unemployment, however involuntary unemployment exists and that accordingly, it is important to ensure that social security systems provide assistance to employment and economic support to people who are unemployed for involuntary reasons;
having decided to adopt various proposals relating to the promotion of employment and social security, which is the fifth point in the agenda of the session, in view of the revision of the convention on unemployment, 1934;
Whereas these proposals should take the form of an international convention, adopts, this twenty-first day of June one thousand nine hundred and eighty-eight, the following, which will be called Convention on employment promotion and protection against unemployment, 1988.
I. provisions general art. 1 for the purposes of this convention: a) the term 'legislation' includes laws and regulations, as well as the statutory provisions on social security; b) the term "prescribed" means determined by or under the national legislation.
Art. 2. any Member shall take appropriate steps to coordinate its system of protection against unemployment and its employment policy. To this end, it must ensure that its system of protection against unemployment, and in particular the terms of the unemployment compensation contribute to the promotion of full employment, productive and freely chosen, and not to discourage employers to offer, and workers from seeking, productive employment.
Art. 3. the provisions of this convention should be implemented in consultation and collaboration with the organizations of employers and workers, in accordance with national practice.
Art. 4-1. Any Member which ratifies this convention may, by a declaration accompanying its ratification, exclude from the commitment resulting from the ratification provisions of part VII.
2. any Member having made such a declaration may cancel it at any time by a subsequent declaration.
Art. 5-1. Any Member may, by a declaration accompanying its ratification, to reserve the benefit of two at most of the temporary exceptions to the by. 4 of art. 10, to the by. 3 of art. 11, to the by. 2 of art. 15, in the by. 2 of art. 18, in the by. 4 of art. 19, to the by. 2 of art. 23, in the by. 2 of art. 24 and to the by. 2 of art. 25. this declaration shall state the reasons justifying such derogations.
2. Notwithstanding the provisions of the by. 1, a member with the limited scope of the social security system justifies may, by a declaration accompanying its ratification, to reserve the benefit of the temporary exceptions to the by. 4 of art. 10, to the by. 3 of art. 11, to the by. 2 of art. 15, in the by. 2 of art. 18, in the by. 4 of art. 19, to the by. 2 of art. 23, in the by. 2 of art. 24 and to the by. 2 of art. 25. this declaration shall state the reasons justifying such derogations.
3. any Member which has made a declaration in application of the by. 1 or by. 2 must, in the reports on the application of this convention which it is required to submit under art. 22 of the Constitution of the International Labour Organization, awareness about each of the derogations of reserved the benefit: a) the reasons he had to do this exist still; b) either that it is not, from a date determined, to take advantage of the derogation in question.
4. any Member which has made a declaration in application of the by. 1 or by. 2 shall, depending on the purpose of his statement and when circumstances permit: a) to cover the contingency of partial unemployment; b) increase the number of persons protected; c) increase the amount of the compensation; d) reduce the length of the time-out period e) extend the duration of benefits; f) adapt the legal schemes of social security to the conditions of employment of part-time workers; g) strive to ensure medical care to recipients of unemployment benefits and to the their dependants; h) strive to ensure taking into account periods during which these benefits are paid for the acquisition of the right to social security benefits and, if applicable, for the calculation of disability, old age and survivors.
SR 0.820.1 art. 6-1. Any member must ensure equality of treatment to all persons protected, without discrimination based on race, color, sex, religion, political opinion, national ancestry, nationality, ethnic origin or social, disability or age.
2. the provisions of the by. 1 do not oppose the adoption of special measures which are justified by the situation of specific groups, as part of the pension plans to the by. 2 of art. 12, or designed to meet the specific needs of categories of persons who encounter problems on the labour market, including disadvantaged groups, nor to the conclusion of bilateral or multilateral agreements between States related to the of unemployment benefits on a reciprocal basis.
II. Promotion of productive employment art. 7. each Member should formulate a policy to promote full employment, productive and freely chosen, as a priority, by all appropriate means, including social security. Such means should include the employment services, training and professional orientation.
1. any Member shall endeavour to establish, subject to the legislation and national practice, of special measures to promote additional job opportunities and employment assistance and facilitate employment productive and freely chosen categories of disadvantaged people who have or are likely to have difficulties in finding lasting employment such as women, young workers people with disabilities, older workers, the long-term unemployed, migrant workers in a regular situation, and workers affected by structural changes.
2. any Member shall specify, in its reports to the title of art. 22 of the Constitution of the International Labour Organization, the categories of persons for which it undertakes to promote employment measures.
3. each Member should strive to gradually extend the promotion of productive employment to a number higher than that which is covered categories initially.
SR 0.820.1 art. 9. the measures covered by this part must be inspired of the convention and the recommendation on the development of human resources, 1975, and of the politics of employment (supplementary provisions) recommendation, 1984.
III. contingencies covered art. 10-1. The contingencies covered shall include, under prescribed conditions, full unemployment defined as the loss of income due to an inability to obtain a suitable employment, with due regard for the provisions of the by. 2 of art. 21, for a person capable of working, available for work and actually seeking employment.
((2. any Member shall endeavour to extend the protection of the convention, under prescribed conditions, to the following: a) loss of income due to partial unemployment defined as a temporary reduction in the normal or legal work duration; b) the suspension or the gain reduction due to a temporary suspension of work, without cessation of the employment relationship including economic, technological, structural or similar grounds.
3. each Member must also strive to provide for the payment of compensation to part-time workers who are actually looking for a full-time job. Total compensation and gains from their part-time jobs may be such that it encourages them to take a job on a full-time basis.
4. where a declaration under art. 5 is in force, the implementation of by. 2 and 3 may be delayed.
IV. protected persons art. 11-1. Protected persons must understand the prescribed classes of employees forming a total 85 per cent at least of all the employees, including public service officers and apprentices.
2. Notwithstanding the provisions of the by. 1, agents of the public service employment is guaranteed by national law until normal retirement age may be excluded from protection.
3. where a declaration under art. 5 is in force, protected persons must understand: a) or for prescribed classes of employees forming a total 50% at least of all the employees; or b) if the level of development warrants especially, the prescribed classes of employees forming a total 50% at least of all the employees working in industrial companies employing at least 20 people.
V. methods of protection art. 12-1. Any Member may determine the method or methods of protection by which it chooses to give effect to the provisions of the convention, whether contributory or non-contributory plans, or a combination of such schemes, unless otherwise prepared by this convention.
2. However, if the legislation of a member protects all residents whose resources during the contingency do not exceed prescribed limits, the protection granted may be limited depending on the resources of the beneficiary and his family in accordance with the provisions of art. 16 VI. Compensation to award art. 13. the benefits paid to the unemployed in the form of periodic payments may be related to methods of protection.
Art. 14. in the case of full unemployment, compensation must be paid in the form of periodic payments calculated to provide partial and transient loss of earnings compensation to the beneficiary and at the same time avoid some disincentives for work and job creation.
Art. 15-1. In cases of full unemployment and suspension of earnings due to a temporary suspension of work without cessation of the employment relationship, if the latter is covered, compensation must be paid in the form of periodic payments calculated in the following way: has) when these allowances are determined in relation to the contributions paid by the person protected or on its behalf or with its previous earnings (, they must be set to 50% at least of the previous earnings in the possible limitation of maximum amounts of compensation or gain related for example to the wage of a skilled worker or to the average wage of workers in the region; b) when these allowances are determined without relationship with contributions or previous earnings, they must be set to 50% at least of the minimum wage or of the wage of the ordinary labourer , or to the minimum necessary for essential expenses, the amount most high to be retained.
2. where a declaration under art. 5 is in force, the amount of compensation must be at least equal: a) either 45% of the previous earnings; b) to 45% of the legal minimum wage or the wage of the maneuver of the ordinary, although this percentage cannot be less than the minimum necessary for basic expenses.
3. If appropriate, the percentages specified in the by. 1 and 2 can be reached by comparing NET periodical payments contribution with the net gain of tax and fee and tax.
Art. 16 notwithstanding the provisions of art. 15, payments after the initial term specified in para. (a) by. 2 of art. 19, as well as payments made by a member to the by. 2 of art. 12, may be laid down, taking into account other resources available to the beneficiary and his family beyond a prescribed limit, according to a schedule prescribed. In any case, these benefits, combined with all other benefits to which they may be entitled, must ensure the proper, and healthy living conditions according to national standards.
Art. 17-1. If a member's law subordinates the right to unemployment to the completion of an internship, this course should not exceed the period considered necessary to avoid abuses.
2. any Member should strive to adapt the course to the conditions of employment of seasonal workers.
Art. 18-1. If the legislation of a member provides that the benefits begin to be paid in case of full unemployment at the end of a timeout, the duration of this period shall not exceed seven days.
2. where a declaration under art. 5 is in force, the duration of the time-out period may not exceed ten days.
3. when it comes to seasonal workers, the expected waiting time to the by. 1 can be adapted to the conditions of their professional activity.
Art. 19-1. The compensation awarded in cases of full unemployment and suspension of earnings due to a temporary suspension of work without cessation of the employment relationship shall be paid throughout these contingencies.
2. However, in the case of full unemployment: has) the initial duration of payment of benefits referred to in art. 15 may be limited to 26 weeks in case of unemployment, or to 39 weeks over any period of 24 months; b) in the case of extension of unemployment at the end of this initial period of compensation, the duration of compensation payments eventually based on the resources of the beneficiary and his family, in accordance with the provisions of art. 16, may be limited to a prescribed period.
3. If the legislation of a member provides that the initial duration of payment of benefits referred to in art. 15 is scaled according to the duration of the internship, the average of the estimated for the payment of allowances must achieve at least twenty-six weeks.
4. where a declaration under art. 5 is in force, the duration of benefits may be limited to 13 weeks within a period of twelve months or an average of 13 weeks if the legislation provides that the initial duration of payment is scaled according to the duration of the internship.
5. in the case referred to in para. (b) by. 2, any Member should strive to give people additional appropriate assistance to enable them to find productive and freely chosen employment including through the measures specified in part II.
6. the duration of payment of the compensation paid to seasonal workers may be adapted to the conditions of their professional activity, without prejudice to the provisions of para. (b) by. 2 art. 20
The compensation to which a protected person would have been entitled in the cases of full or partial unemployment, or suspension of earnings due to a temporary suspension of work without cessation of the employment relationship, can be rejected, deleted, suspended or reduced to a prescribed extent: a) as long as the person isn't on the territory of the Member; b) when ((((, according to the discretion of the competent authority, the person concerned has deliberately contributed to his dismissal; c) when, at the discretion of the competent authority, the person concerned has voluntarily left her employment without legitimate reason; d) during the term of a professional conflict, when he left work to take part in this conflict or when he is unable to work in direct reason of a stoppage of work due audit conflict; e) when the person tried to get or fraudulently obtained benefits; f) when the person concerned has neglected (without legitimate reason, to use the services made available on placement, orientation, training, professional conversion or rehabilitation in suitable employment; g) as long as the person receives another benefit of income maintenance provided by the legislation of the Member concerned, except a family benefit, provided that the part of compensation that is suspended is not the other benefit.
Art. 21-1. The compensation to which a protected person would have been entitled in the case of full unemployment may be rejected, deleted, suspended or reduced, to a prescribed extent, when the person concerned refuses to accept suitable employment.
2. in the assessment of the suitability or no employment, it must be taken into account include, under prescribed conditions and in the appropriate measure of the age of the unemployed, of his seniority in his previous profession, of the experience gained, of the duration of unemployment, of the State of the labour market, repercussions of that job on the personal and family circumstances of the person and the fact that employment is available in direct reason of a stoppage of work due to a ongoing professional conflict.
Art. 22 when a protected person received directly from their employer or from any other source, national legislation or a collective agreement, severance pay with the main function to contribute to compensate for the loss of earnings suffered in the event of full unemployment: has) the unemployment benefits to which the person concerned would be entitled may be suspended for a period corresponding to that during which the severance pay allows you to compensate for the loss of earnings suffered; or (b) severance pay may be reduced by an amount corresponding to the value converted to a single payment of unemployment benefit to which the person concerned would be entitled for a corresponding period than during which severance pay to compensate for the loss of earnings suffered, at the option of each Member.
Art. 23 1. Any member whose legislation covers medical care and in subordinated directly or indirectly the right to a condition of professional activity shall endeavour to ensure, under prescribed conditions, medical care to recipients of unemployment benefits, as well as to their dependants.
2. where a declaration under art. 5 is in force, the implementation of the per. 1 may be deferred.
Art. 24 1. Each Member must, under prescribed conditions, strive to ensure that the beneficiaries of the unemployment benefit taking into account the periods during which these benefits are: a) for the acquisition of the right and, where appropriate, the calculation of disability, old age and survivors; b) for the acquisition of the right to medical care, sickness and maternity benefits and family benefits , after the end of unemployment, when the legislation of the Member provides such benefits, and subordinates directly or indirectly the right to a condition of professional activity.
2. where a declaration under art. 5 is in force, the implementation of the per. 1 may be deferred.
Art. 25 1. Every Member must ensure the adaptation of legal social security schemes that are related to the part-time exercise of a professional activity in the conditions of employment of workers whose hours of work or earnings cannot, under prescribed conditions, be considered to be negligible.
2. where a declaration under art. 5 is in force, the implementation of the per. 1 may be deferred.
VII. Special provisions for new job seekers art. 26-1. Members must take into consideration the fact that there are many categories of job seekers who have never been recognized as unemployed or have ceased to be, or who have never belonged to the unemployment compensation plans or have ceased to belong. Accordingly, at least three of the ten categories of following, job seekers, must benefit from social benefits, under conditions and in a prescribed manner: a) young people who have completed their vocational training; b) young people who have completed their studies; c) young people released from compulsory military service; d) any person at the end of a period that she dedicated to the education of a child or to care for a sick person (((((, disabled or elderly; e) persons whose spouse had died, when they are not entitled to a survivor benefit; f) divorced or separated persons; g) released detainees; h) adults, including disabled people, who have completed a period of training; i) the migrant workers to return to their country of origin, subject to rights acquired under the legislation of their country of work last; j) people who previously worked on their own account.
2. any Member shall specify, in its reports to the title of art. 22 of the Constitution of the International Labour Organization, the categories of persons referred to in paragraph 1 it is committed to protect.
3. each Member should strive to gradually extend protection to a number of categories of people higher than originally agreed.
RS 0.820.1 VIII. Legal, administrative and financial guarantees art. 27 1. In case of refusal, deletion, suspension, reduction of allowances or challenged on their amount, applicant must have the right to present a claim before the body that administers the benefits plan and later appeal to an independent body. The applicant must be informed in writing of the applicable procedures, which must be simple and fast.
2. the appeal procedure must allow the applicant, in accordance with the legislation and practice, to be represented or assisted by a qualified person of his choice, by a delegate of a representative of workers or a delegate of an organisation representative of protected persons.
Art. 28. a member should assume general responsibility for the proper administration of the institutions and services that contribute to the implementation of the convention.
Art. 29 1. When the administration is directly ensured by a Department Government responsible to Parliament, representatives of the protected persons and employers must, under prescribed conditions, be associated with this advisory.
2. when the administration is not provided by a Government Department responsible to a Parliament: a) representatives of the protected persons must participate in the administration or be involved with consultative power in prescribed conditions; b) national legislation may also provide for the participation of representatives of the employers; c) law may also provide for the participation of representatives of the public authorities.
Art. 30. when subsidies are granted by the State or the social security system to safeguard jobs, members must take the necessary measures to ensure the exclusive assignment of these subsidies to the intended purpose and to prevent fraud or abuse on the part of the beneficiaries.
Art. 31. this convention revises the unemployment convention, 1934.
Art. 32. the formal ratifications of this convention will be communicated to the Director-general of the international Bureau and the work by him saved.
Art. 33-1. 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. 34 1. Any Member ratifying this convention may denounce it on the expiry of a period of ten 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 by him registered. Denunciation shall become effective one year after having been recorded.
2. a Member ratifying this Agreement who, within the period of one year after the expiry of the period of ten years mentioned in the previous paragraph, does not exercise the right of denunciation provided for by this article will be linked to a new period of ten years and, thereafter, may denounce this convention at the expiration of each period of ten years under the conditions provided for in this article.
Art. 35 1. The Director general of the international labour office shall notify all members of the International Labour Organization the registration of all ratifications and denunciations that will be communicated to him by the members of the organization.
2. by notifying the registration of the second ratification which has been communicated to members of the Organization, the Director-general will call the attention of the members of the Organization on the date on which this convention will enter into force.
Art. 36. the Director-general of the international labour office shall communicate to the Secretary-General of the United Nations, for the purposes of registration, in accordance with art. 102 of the Charter of the United Nations, comprehensive information about all ratifications and all acts of denunciation that it will be registered in accordance with the preceding articles.
RS 0.120 art. 37. 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.
Art. 38 1. Should 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. 34 above, immediate denunciation of this convention, provided that the new convention revising is into force; b) from 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. 39 French and English versions of the text of this convention are equally authentic.
August 30, 2010 States parties Ratification entry into force Albania scope * August 4, 2006 August 4, 2007 Brazil 24 March 1993 24 March 1994 Finland December 19, 1990 19 December 1991 Norway June 19, 1990 October 17, 1991 Romania 15 December 1992 15 December 1993 Sweden 18 December 1990 18 December 1991 Switzerland October 17, 1990 October 17, 1991 * reservations and declarations.
Reservations and declarations are not published to the RO. Texts in french and English can be found at the address of the Internet site of the International Labour Organization: http://www.ilo.org/ilolex/french/convdisp1.htm or obtained in the Direction of public international law (FDFA), the international treaties Section, 3003 Bern.
1991 1914 RO; FF 1989 III 1505 RO 1991 1913 RS 0.837.411 RS 0.831.102 RS 0.822.724.2 RS 0.822.725.0 RO 1991 1927, 2006 2979 and 2010 4001. A version of the update scope is published on the web site of the FDFA (http://www.dfae.admin.ch/traites).
Status as of August 30, 2010