Key Benefits:
Original text
(State on 30 August 2010)
The General Conference of the International Labour Organization,
Convened in Geneva by the Governing Council of the International Labour Office, meeting 1 Er June 1988, at its seventy-fifth session;
Emphasizing the importance of work and productive employment in any society, not only because of the resources they create for the community, but for the income they provide to the workers, the social role they give them, and the A sense of personal satisfaction they provide;
Recalling existing international standards in the field of employment and protection against unemployment (convention and recommendation of unemployment, 1934) 2 ; recommendation on unemployment (young people), 1935; recommendation on guarantee of livelihood, 1944; Convention on social security (minimum standard), 1952 3 ; Convention and Recommendation on Employment Policy, 1964; Convention and Recommendation on Human Resources Development, 1975 4 ; Convention and Recommendation on Labour Administration, 1978 5 ; and recommendation on employment policy (supplementary provisions), 1984);
Considering the extent of unemployment and underemployment affecting various countries of the world at all stages of development, including the problems of young people, many of whom are looking for a first job;
Whereas, since the adoption of the above-mentioned international instruments on protection against unemployment, there have been many important developments in the legislation and practice of many Members The revision of existing standards, in particular the Unemployment Convention, 1934, and the adoption of new international standards on the promotion of full employment, productive and freely chosen, by all appropriate means, including security Social;
Noting that the provisions on unemployment benefits of the Convention on social security (minimum standard), 1952, establish a level of protection that is now exceeded by most existing compensation schemes in countries And have not yet been supplemented by higher standards, unlike those relating to other benefits, but the principles on which the Convention is based remain valid and its standards can still be A goal to be achieved by some developing countries in a position to establish a Unemployment benefit scheme;
Recognising that policies of 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 ones Enterprises, cooperatives, self-employment and local employment initiatives, even through the redistribution of resources currently devoted to the financing of pure assistance activities, for the benefit of activities suitable for Promote employment, including orientation, training and rehabilitation Employment, offer the best protection against the adverse effects of involuntary unemployment, however involuntary unemployment exists and that it is therefore important to ensure that social security systems provide assistance to Employment and economic support for people who are unemployed for involuntary reasons;
After deciding to adopt various proposals relating to the promotion of employment and social security, which is the fifth item on the agenda of the session, in particular with a view to the revision of the Unemployment Convention, 1934;
Whereas such 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 convention, which will be called the Convention on the Promotion of Employment and Protection against Unemployment, 1988.
For the purposes of this Agreement:
Every Member must take appropriate measures to coordinate its protection against unemployment and its employment policy. To this end, it must ensure that its system of protection against unemployment and in particular the arrangements for the compensation of unemployment contribute to the promotion of full employment, productive and freely chosen, and do not have the effect of Discourage employers from offering, and workers to seek, productive employment.
The provisions of this Convention shall be implemented in consultation and in cooperation with employers'and workers' organisations, in accordance with national practice.
1. Any Member ratifying this Convention may, by a declaration accompanying its ratification, exclude from the undertaking resulting from that ratification the provisions of Part VII.
(2) Any Member who has made such a declaration may cancel it at any time by a subsequent declaration.
1. Any Member may, by a declaration accompanying its ratification, reserve the benefit of two or more of the temporary derogations provided for in s. 4 of Art. 10, para. 3 of Art. 11, para. 2 of the art. 15, para. 2 of the art. 18, para. 4 of Art. 19, para. 2 of the art. 23, para. 2 of the art. 24 and at para. 2 of the art. 25. This statement must state the reasons for these derogations.
2. Notwithstanding the provisions of s. 1, a Member whose limited scope of the social security system justifies it, by means of a declaration accompanying its ratification, to reserve the benefit of the temporary derogations provided for in subs. 4 of Art. 10, para. 3 of Art. 11, para. 2 of the art. 15, para. 2 of the art. 18, para. 4 of Art. 19, para. 2 of the art. 23, para. 2 of the art. 24 and at para. 2 of the art. 25. This statement must state the reasons for these derogations.
3. Any member who has made a declaration under s. 1 or by. 2 shall, in the reports on the application of this agreement that it is required to submit under s. 22 of the Constitution of the International Labour Organization 1 , to make known about each of the derogations from which it has reserved the benefit:
4. Any Member who has made a declaration under s. 1 or by. 2 shall, according to the subject matter of his statement and when the circumstances permit:
1. Every Member shall guarantee equal treatment to all protected persons, without discrimination on the grounds of race, colour, sex, religion, political opinion, national descent, nationality, ethnic or social origin, Disability or age.
2. The provisions of s. 1 does not object to the adoption of special measures which are justified by the situation of specified groups, in the framework of the schemes referred to in par. 2 of the art. 12, or intended to meet the specific needs of categories of persons who encounter particular problems in the labour market, in particular disadvantaged groups, or the conclusion of bilateral or multilateral agreements between States On unemployment benefits on a reciprocal basis.
Every Member must formulate, as a priority objective, a policy to promote full employment, productive and freely chosen, by all appropriate means, including social security. These should include employment services, training and vocational guidance.
1. Every Member shall endeavour to establish, subject to national legislation and practice, special measures to promote additional employment opportunities and employment assistance and to facilitate productive and freely chosen employment Defined categories of disadvantaged people who have or are likely to have difficulties in finding sustainable employment, such as women, young workers, people with disabilities, older workers, the unemployed Long-term, regular migrant workers and workers Affected by structural changes.
2. Any Member shall specify in its reports under Art. 22 of the Constitution of the International Labour Organization 1 , the categories of persons in favour of which it undertakes to promote employment measures.
(3) Every Member shall endeavour to progressively extend the promotion of productive employment to a number of categories higher than that which is originally covered.
1 RS 0.820.1
The measures covered by this Part should be guided by the Convention and the Recommendation on Human Resources Development, 1975, and the Recommendation on Employment Policy (Complementary Provisions), 1984.
1. Covered contingencies must include, under prescribed conditions, full unemployment defined as the loss of gain due to the inability to obtain suitable employment, with due regard to the provisions of s. 2 of the art. 21, for a person capable of working, available for work and in search of employment.
2. Every Member shall endeavour to extend the protection of the Convention, under prescribed conditions, to the following contingencies:
Without termination of the employment relationship, in particular on economic, technological, structural or similar grounds.
3. Every Member shall also endeavour to provide for the payment of allowances to part-time workers who are in fact seeking full-time employment. The total allowances and earnings from their part-time employment may be such as to encourage them to take a full-time job.
4. Where a declaration made under s. 5 is in force, the implementation of s. 2 and 3 can be deferred.
Protected persons must include prescribed categories of employees forming a total of 85 per cent of all employees, including public servants and apprentices.
2. Notwithstanding the provisions of s. 1, civil servants whose employment is guaranteed by national legislation up to the normal age of retirement may be excluded from protection.
3. Where a declaration made under s. 5 is in effect, protected persons must understand:
1. Any Member may determine the method or methods of protection by which they choose to give effect to the provisions of the Convention, whether they are contributory or non-contributory schemes, or the combination of such schemes, to Not otherwise disposed of by this Agreement.
2. However, if the legislation of a Member protects all residents whose resources during the event do not exceed prescribed limits, the protection granted may be limited according to the resources of the beneficiary and his or her family Pursuant to the provisions of s. 16.
Benefits paid to the unemployed in the form of periodic payments may be related to the methods of protection.
In the case of full unemployment, compensation must be paid in the form of periodic payments calculated in such a way as to provide the beneficiary with partial and transitional compensation for the loss of gain and at the same time to avoid effects Dissuasive for work and job creation.
1. In cases of complete unemployment and suspension of the gain due to a temporary suspension of work without termination of the employment relationship, if the latter is covered, allowances shall be paid in the form of payments Periodicals calculated as follows:
2. Where a declaration made under s. 5 is in effect, the amount of the allowances must be at least equal to:
3. If appropriate, the percentages specified in s. 1 and 2 can be achieved by comparing net periodic tax and contribution payments with the net tax gain and contribution.
Notwithstanding the provisions of Art. 15, the allowances paid after the initial period specified in para. (a) para. 2 of the art. 19, as well as allowances paid by a Member referred to in s. 2 of the art. 12, may be fixed, taking into account other resources available to the beneficiary and his family beyond a prescribed limit, according to a prescribed scale. In any case, these allowances, combined with any other benefits to which they may be entitled, must ensure that they have healthy and suitable living conditions, according to national standards.
1. If the legislation of a Member makes the right to unemployment benefits subject to the completion of a traineeship, that period shall not exceed the duration considered necessary to prevent abuse.
2. Every Member must endeavour to adapt the traineeship to the conditions of the professional activity of seasonal workers.
1. If the legislation of a Member provides that allowances only begin to be paid in the event of full unemployment, the duration of that period shall not exceed seven days after the expiry of a waiting period.
2. Where a declaration made under s. 5 is in effect, the length of the waiting period shall not exceed ten days.
3. In the case of seasonal workers, the waiting period provided for in s. 1 can be adapted to the conditions of their professional activity.
1. The compensation awarded in the event of full unemployment and suspension of the gain due to a temporary suspension of work without termination of the employment relationship shall be paid for the duration of such contingencies.
2. However, in the case of complete unemployment:
3. If the legislation of a Member provides that the initial period of payment of the allowances referred to in Art. 15 is staggered according to the duration of the traineeship, the average duration for the payment of allowances must be at least twenty-six weeks.
4. Where a declaration made under s. 5 is in effect, the duration of payment of the allowances may be limited to thirteen weeks in a twelve-month period or to an average of thirteen weeks if the legislation provides that the initial duration of the payment is staggered according to the duration of the payment. Of the internship.
5. In the case referred to in para. (b) from s. 2, any Member shall make every effort to provide the persons concerned with appropriate additional assistance in order to enable them to return to productive and freely chosen employment, in particular by means of the measures specified in Part II.
6. The duration of payment of allowances paid to seasonal workers may be adapted to the conditions of their professional activity, without prejudice to the provisions of para. (b) from s. 2.
The benefits to which a protected person would have been entitled to full or partial unemployment, or to suspend the gain due to a temporary suspension of employment without termination of the employment relationship, may be refused, Deleted, suspended or reduced to a prescribed extent:
1. Allowances to which a protected person would have been entitled in the event of full unemployment may be refused, deleted, suspended or reduced, to a prescribed extent, where the person concerned refuses to accept suitable employment.
2. In assessing whether or not a job is suitable, it must be taken into account, in particular, in prescribed conditions and to the extent appropriate, of the age of the unemployed person, of his seniority in his previous occupation, of the experience Acquired, the duration of unemployment, the state of the labour market, the impact of that employment on the personal and family situation of the person concerned and the fact that employment is available because of a stoppage of work attributable to a conflict Professional in progress.
Where a protected person has received directly from his or her employer or from any other source, under the national legislation or a collective agreement, severance pay with the primary purpose of contributing to the loss of Gain in case of complete unemployment:
The choice of each Member.
1. Any Member whose legislation covers medical care and directly or indirectly subordinates the right to a condition of professional activity must endeavour to ensure, under prescribed conditions, medical care Beneficiaries of unemployment benefits, as well as to dependants.
2. Where a declaration made under s. 5 is in force, the implementation of s. 1 can be deferred.
(1) Every Member shall, under prescribed conditions, endeavour to guarantee the beneficiaries of unemployment benefits the taking into account of the periods during which such allowances are paid:
Where the legislation of the Member concerned provides for such benefits and directly or indirectly subordinates the right to a condition of professional activity.
2. Where a declaration made under s. 5 is in force, the implementation of s. 1 can be deferred.
1. Every Member shall ensure the adaptation of statutory social security schemes which are linked to the exercise of a professional activity on the conditions of the professional activity of part-time workers whose working hours or earnings May not, under prescribed conditions, be considered negligible.
2. Where a declaration made under s. 5 is in force, the implementation of s. 1 can be deferred.
1. Members shall take into account the fact that there are many categories of persons seeking employment who have never been recognized as unemployed or have ceased to be unemployed, or who have never belonged to compensation schemes Of unemployment or have ceased to be part of it. As a result, three or more of the following ten categories of persons seeking employment shall be entitled to social benefits under prescribed conditions and conditions:
2. Any Member shall specify in its reports under Art. 22 of the Constitution of the International Labour Organization 1 , the categories of persons referred to in paragraph 1 which it undertakes to protect.
(3) Every Member shall endeavour to progressively extend the protection to a number of categories of persons higher than that which he originally accepted.
1. In the case of refusal, cancellation, suspension, reduction of allowances or disputes over their amount, any applicant must have the right to submit a complaint to the body which administers the benefit plan and to exercise Subsequent appeal to an independent body. The applicant must be informed in writing of the applicable procedures, which must be simple and quick.
2. The appeal procedure must allow the applicant, in accordance with national legislation and practice, to be represented or assisted by a qualified person of his choice, by a delegate of a representative organisation of the Workers or by a delegate from a representative organization of protected persons.
Every Member must assume a general responsibility for the proper administration of the institutions and services which contribute to the application of the Convention.
1. Where the administration is directly insured by a responsible government department before a parliament, the representatives of protected persons and employers must, under prescribed conditions, be associated with it as such Advisory.
2. Where the administration is not provided by a responsible government department before a parliament:
Where subsidies are granted by the State or the social security system in order to safeguard jobs, Members shall take the necessary measures to ensure the exclusive allocation of such subsidies for the intended purpose and prevent Any fraud or abuse by the beneficiaries.
This Convention reviss the Unemployment Convention, 1934.
The formal 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.
1. Any Member having ratified this Convention may denounce it at the expiration of a period of ten years after the date of the initial entry into force of the Convention by an act communicated to the Director General of the International Labour Office And by registered him. The denunciation shall take effect only one year after being registered.
2. Any Member having ratified this Convention which, within one year of the expiration of the ten-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 new period of ten years and thereafter may denounce this Convention at the expiration of each ten-year period under the conditions laid down in this Article.
The Director General of the International Labour Office shall notify all Members of the International Labour Organization of the registration of all ratifications and denunciations made available to it by the Members of the Organization.
2. By notifying the Members of the Organization of the registration of the second ratification which has been communicated to it, the Director General shall call the attention of the Members of the Organization on the date on which this Convention enters into force Vigor.
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 United Nations Charter 1 , complete information about all ratifications and all acts of denunciation which it has registered in accordance with the previous articles.
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. 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.
The English and French versions of the text of this Agreement are equally authentic.
(Suivent signatures)
States Parties |
Ratification |
Entry into force |
||
Albania * |
August 4 |
2006 |
August 4 |
2007 |
Brazil |
24 March |
1993 |
24 March |
1994 |
Finland |
19 December |
1990 |
19 December |
1991 |
Norway |
19 June |
1990 |
17 October |
1991 |
Romania |
15 December |
1992 |
15 December |
1993 |
Sweden |
18 December |
1990 |
18 December |
1991 |
Switzerland |
17 October |
1990 |
17 October |
1991 |
* |
Reservations and declarations. Reservations and declarations are not published in the RO. The texts in English and French can be found at the website of the International Labour Organization: http://www.ilo.org/ilolex/french/convdisp1.htm or obtained in the Directorate of Public International Law (DDIP), Section International treaties, 3003 Berne. |
|||
1 RO 1991 1913
2 RS 0.837.411
3 RS 0.831.102
4 RS 0.822.724.2
5 RS 0.822.725.0
6 RO 1991 1927, 2006 2979 and 2010 4001. A version of the updated scope of application is published on the DFAE website (http://www.dfae.admin.ch/traites).