Rs 0.831.105 Convention N O 128 Of June 29, 1967 On Disability Benefits, Old-Age And Survivors (With Annex)

Original Language Title: RS 0.831.105 Convention no 128 du 29 juin 1967 concernant les prestations d’invalidité, de vieillesse et de survivants (avec annexe)

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0.831.105 original text n 128 concerning invalidity, old age and survivors benefits agreement in Geneva on June 29, 1967, approved by the Federal Assembly on 23 June 1977 ratification Instrument deposited by the Switzerland on 13 September 1977 entry into force for the Switzerland on 13 September 1978 (State on July 25, 2006) the General Conference of the International Labour Organization Convened at Geneva by the governing body of the international labour office, and having met in its fifty-first session on 7 June 1967;
Having decided to adopt various proposals for the revision of the convention on old-age insurance (industry, etc.), 1933, of the convention on the old-age insurance (agriculture), 1933, of the convention on disability insurance (industry, etc.), 1933, the Convention on disability insurance (agriculture), 1933, of the convention on the insurance (industry, etc.), 1933, and of the convention on the death insurance (agriculture), 1933, which is the fourth item on the agenda of the session;
Having decided that the proposals would take the form of an international convention, adopts, this twenty-ninth day of June thousand nine hundred sixty-seven, the following will be called Convention on disability, old age and survivors benefits, 1967.

Part 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) "prescribed" means determined by or under the national law; c) the term "industrial enterprise" includes any business under the following branches of economic activity: extractive industries; manufacturing industries; building and public works; electricity, gas, water and sanitary services; ((transport, storage and communications; d) 'residence' means habitual residence on the territory of the Member, and the term "resident" means a person who ordinarily resides in the territory of the Member; e) the term "dependant" is the State of dependency presumed in cases prescribed; f) the term "wife" means a wife who is at the expense of her husband; g) the term "widow" means a woman who was paid by her husband at the time of the ((death; h) 'child' means: i) a child who is below the age at which compulsory schooling ends or a child less than 15 years, the highest age to be taken into account, ii) in the prescribed circumstances, a child below a higher age than the age specified in subparagraph previous, when placed in learning continued his studies or is suffering from a chronic illness or infirmity making it unfit to exercise of a professional activity any, unless national legislation defines the term 'child' as including all child below an age appreciably higher than the age specified in the previous subparagraph;

(i) the term 'stage' means either a period of contributions or a period of employment, either a period of residence, or a combination any of those periods, according to what is prescribed; j) the terms 'contributory benefits' and 'non-contributory benefits' mean respectively that depends on and the benefits which the grant does not depend on direct financial participation of protected persons or their employer , or a condition of placement.

Art. 2-1. Each Member for which this convention is in force shall apply: a) part I; b) one or more of parts II, III and IV c) the corresponding provisions of parts V and VI; d) part VII.

2. any member must specify in its ratification the party or parties, among the parts II to IV of this agreement, for which it accepts the obligations of the convention.

Art. 3-1. Subsequently, any Member that has ratified this convention may notify the Director-general of the international Bureau work to accept the obligations of the convention with regard to one or more of parts II to IV which were not already specified in its ratification.
2. the commitments set out in the preceding paragraph shall be deemed an integral part of the ratification and will carry the same effects from the date of their notification.

Art. 4-1. A member whose economy has not reached a sufficient development may, by a statement of reasons accompanying its ratification, to reserve the benefit of the temporary exceptions to the by. 2 of art. 9, to the by. 2 of art. 13, to the by. 2 of art. 16 and to the by. 2 of art. 22 2. Any Member which has made a declaration in accordance with the previous paragraph must, in the reports on the application of this convention that 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.

3. each Member which has made a declaration in application of the by. 1 of the present article will need to increase the number of workers protected, when circumstances permit.

SR 0.820.1 art. 5. when, on the application of one any parts II to IV of this convention covered by its ratification, a member is required to protect the prescribed classes of people forming, in total, at least a certain percentage of employees or the economically active population as a whole, this member must ensure, before committing to apply the part the percentage in question is reached.

Art. 6 for apply parts II, III or IV of this convention, a member may take account of protection resulting from insurance which, under its law, are not mandatory for protected persons, when these assurances: a) are controlled by the public authorities or administered in common, in accordance with prescribed standards, by employers and workers; b) covers a substantial proportion of individuals whose gain is greater than not of the male worker qualified; c) satisfy, together with other forms of protection, if it is necessary, to the provisions of the convention which are related to them.

Part II disability art. 7. each Member for which this part of the convention is in force must ensure that protected persons the award of disability benefits, in accordance with the articles below of the said party.

Art. 8. the contingency covered shall include inability to exercise a professional activity, to an extent prescribed, when it is probable that this inability will be permanent or if it remains on the expiry of a prescribed period of temporary or initial incapacity.

Art. 9-1. The protected persons must understand: a) is all the employees, including apprentices; b) the prescribed classes of the economically active population, forming, in total, at least 75% of the economically active population; c) either all residents or residents whose resources during the event exceed not limits prescribed in accordance with the provisions of art. 28 2. Where a declaration made in application of art. 4 applies, protected persons must understand a) either of the prescribed classes of employees forming a total 25% at least of all the employees; b) prescribed classes of employees of industrial companies, forming a total 50% at least of all the employees working in industrial companies.

Art. 10 disability benefits should be served in the form of periodic payments calculated: has) in accordance with the provisions, or of art. 26, is art. 27, when are protected employees or categories of the population economically active; b) in accordance with the provisions of art. 28, when are protected all residents, or residents whose resources during the event do not exceed prescribed limits.

Art. 11-1. The benefits referred to in art. 10 must, in the event the event covered, be secured at least: a) to a person protected having completed, before the event, according to prescribed rules, an internship which may consist either in fifteen years of contribution or employment, or 10 years of residence; b) where, in principle, all economically active persons are protected, to a protected person having completed prior to the event, according to prescribed rules, an internship of three years of contribution and in respect of which have been paid, during the active period of his life, whose annual average number contributions or annual total reached a prescribed number.

2. when the assignment of disability benefits is contingent on the completion of a minimum period of contribution, employment or residence, reduced benefits must be guaranteed at least:

((a) to a person protected having completed, prior to the event, according to prescribed rules, an internship of five years of contribution, employment or residence; b) where, in principle, all economically active are protected, to a person protected having completed, prior to the event, according to prescribed rules, an internship of three years of contribution and in respect of which was paid during active life, half of the average annual number or the annual number of prescribed contributions referred to in para. (b) by. 1 of the present article.

3. the provisions of the by. 1 of the present article shall be considered as satisfied when the benefits calculated in accordance with part V, but according to a percentage of ten units to that which is shown in the table appended to that part for the typical beneficiary, are at least guaranteed to any protected person who has accomplished, according to prescribed rules, five years of contribution, employment or residence.
4. a proportional reduction in the percentage indicated in the table annexed to part V can be operated, when the stage required for the award of benefits corresponding to the reduced percentage is greater than five years of contribution, employment or residence, but less than fifteen years of contribution; or employment, or 10 years of residence reduced benefits will be allocated according to the by. 2 of the present article.
5. the provisions of by. 1 and 2 of this article shall be considered as satisfied when the benefits calculated in accordance with part V are at least guaranteed to any protected person who has accomplished, according to prescribed rules, an internship of contribution or employment which should not exceed five years to a prescribed minimum age, but can be higher depending on the age but may not exceed a maximum number of years prescribed.

Art. 12. the benefits referred to in art. 10 and 11 must be granted for the duration of the event or until they are replaced by benefits in old age.

Art. 13-1. Each Member for which this part of the convention is in force shall, under prescribed conditions: a) provide rehabilitation services designed to prepare disabled, in all cases where this is possible, to resume their previous activity or, if this is not possible, in any other professional activity that best suits their skills and abilities; b) take measures to facilitate the placement of the disabled in employment appropriate.

2. where a declaration made in application of art. 4 applies, the Member concerned may derogate from the provisions of the preceding paragraph.

Part III benefits art. 14. each Member for which this part of the convention is in force must ensure that protected persons the award of old-age benefits, in accordance with the articles below of the said party.

Art. 15-1. The event covered is the survival beyond a prescribed age.
2. the prescribed age should not exceed 65 years. However, a higher age may be prescribed by the competent authorities, in the light of demographic, economic and social criteria appropriate, justified by statistics.
3. If the prescribed age is equal to or greater than sixty-five years, this age should be lowered, under prescribed conditions, for people who have been busy in work considered by national law as arduous or unhealthy for the purposes of the award of old-age benefits.

Art. 16-1. The protected persons must understand: a) is all the employees, including apprentices; b) the prescribed classes of the economically active population, forming, in total, at least 75% of the economically active population; c) either all residents or residents whose resources during the event exceed not limits prescribed in accordance with the provisions of art. 28 2. Where a declaration made in application of art. 4 applies, protected persons must include: a) either the prescribed classes of employees forming a total 25% at least of all the employees; or b) categories prescribed for employees of industrial enterprises, forming, in total, 50% at least of all the employees working in industrial companies.

Art. 17 old age benefits should be served in the form of periodic payments calculated: has) in accordance with the provisions, or of art. 26, is art. 27, when are protected employees or categories of the population economically active; b) in accordance with the provisions of art. 28, when are protected all residents, or residents whose resources during the event do not exceed prescribed limits.

Art. 18-1. The benefits referred to in art. 17 must, in the event the event covered, be secured at least: a) to a person protected having completed, before the event, according to prescribed rules, an internship which may consist either in thirty years of contribution or employment, or in twenty years of residency; b) where, in principle, all economically active persons are protected, to a protected person having completed before the realization of the event, a stage of assessment prescribed and in respect of which have been paid, during active life, contributions which the annual average number reached a prescribed number.

((2. when the assignment of retirement benefits is conditional on the completion of a minimum period of contribution or employment, reduced benefits must be guaranteed at least: a) to a person protected having completed, prior to the event, according to prescribed rules, an internship of 15 years of contribution or employment; b) where, in principle, all economically active persons are protected a protected person having completed, prior to the event, a course of prescribed assessment and the title of which has been paid, during active life, half of the average annual number of prescribed contributions referred to in para. (b) by. 1 of the present article.

3. the provisions of the by. 1 of the present article shall be considered as satisfied when the benefits calculated in accordance with part V, but according to a percentage of ten units to that which is shown in the table appended to that part for the typical beneficiary, are at least guaranteed to any protected person who has accomplished, according to prescribed rules, ten years of contribution or employment , or five years of residence.
4. a proportional reduction in the percentage indicated in the table annexed to part V can be operated, when the stage required for the award of benefits corresponding to the reduced percentage is more than ten years of employment or premium or five years of residence, but less than thirty years of contribution or employment, or twenty years of residency. In the event that the internship is more than 15 years of contribution or employment, reduced benefits will be allocated according to the by. 2 of the present article.

Art. 19. the benefits referred to in art. 17 and 18 must be granted for the duration of the event.

Part IV article survivors benefits 20. each Member for which this part of the convention is in force must ensure the allocation of benefits of survivors, in accordance with the articles below of the said party to protected persons.

Art. 21-1. The covered event must include the loss of livelihoods suffered by the widow or children of the fact of death of the breadwinner.
2. the right of a widow to survivors benefits may be subject to the condition that she has reached a prescribed age. That age should not be higher than the prescribed age for entitlement to old age benefits.
((3. However, no age requirement may be required: a) when the widow is invalid, in the prescribed meaning; b) or when the widow has a child of the deceased.

4. for a widow without children to be entitled to survivors benefits, a minimum duration of marriage may be prescribed.

Art. 22 1. Protected persons must include: a) is the wives, children and other dependents designated by national law, whose family was an employee or apprentice; or b) wives, children and other dependants designated by national law, whose family belonged to the categories prescribed of the economically active population (, forming, in total, at least 75% of the economically active population; c) all widows, all children and all the other dependants designated by national law who have lost their breadwinner, which have the quality of resident and, if so, which resources during the contingency do not exceed limits prescribed in accordance with the provisions of art. 28 2. Where a declaration made in application of art. 4 applies, protected persons must include:

((a) either the wives, children and other dependents designated by national law, whose family belonged to prescribed employees forming categories, total, 25% at least of all the employees; b) wives, children and other dependents designated by national law, whose family belonged to the categories prescribed for employees of industrial enterprises forming, in total, 50% at least of all the employees working in industrial companies.

Art. 23 survivor benefits must be served in the form of periodic payments calculated: has) in accordance with the provisions, or of art. 26, is art. 27, when are protected employees or categories of the population economically active; b) in accordance with the provisions of art. 28, when are protected all residents, or residents whose resources during the event do not exceed prescribed limits.

Art. 24 1. The benefits referred to in art. in the event the covered event, 23 must be guaranteed at least: has) a protected person which the breadwinner has done, according to prescribed rules, an internship which may consist either in fifteen years of contribution; or employment, or 10 years of residence However, if it comes to survivor benefits awarded to a widow, the accomplishment by the latter of a prescribed period of residence may be considered sufficient; b) where, in principle, women and children of all economically active persons are protected, to a protected person which the breadwinner has done, according to prescribed rules, an internship of three years of contribution on condition that have been paid in respect of the support of family, during the active period of his life, contributions including the annual average number or the annual number reached a figure prescribed.

((2. when the assignment of survivor benefits is conditional on the completion of a minimum period of contribution or employment, reduced benefits must be guaranteed at least: a) to a protected person which the breadwinner has done, according to prescribed rules, five years of contribution or employment internship; b) where, in principle, women and children of all economically active persons are protected a protected person which the breadwinner has done, according to prescribed rules, an internship of three years of contribution, on the condition that has been paid, to the title of this support of family, during the time of his life, half of the average annual number or annual number of prescribed contributions referred to in para. (b) by. 1 of the present article.

3. the provisions of the by. 1 of the present article shall be considered as satisfied when the benefits calculated in accordance with part V, but according to a percentage of ten units to that which is shown in the table appended to that part for the typical beneficiary, are at least guaranteed to any protected person whose family has done, according to prescribed rules, five years of contribution employment or residence.
4. a proportional reduction in the percentage indicated in the table annexed to part V can be operated, when the stage required for the award of benefits corresponding to the reduced percentage is more than five years of contribution, employment or residence, but less than 15 years of contribution or employment, or ten years of residence. In case the required placement is a placement of contribution or employment, reduced benefits will be allocated according to the by. 2 of the present article.
5. the provisions of by. 1 and 2 of this article shall be considered as met when benefits calculated in accordance with part V are at least guaranteed to any protected person whose family has done, according to prescribed rules, an internship of contribution or employment which should not exceed five years to a prescribed minimum age, but can be higher depending on the age but may not exceed a maximum number of years prescribed.

Art. 25. the benefits referred to in art. 23 and 24 should be granted for the duration of the event.

Part V calculation of periodical payments art. 26-1. For any periodical payment to which this article applies, the amount of benefits, plus the amount of family allowances provided during the event, must be such that, for the typical beneficiary referred to in the table attached to this part, be at least equal to the event in question, to the percentage indicated in the table compared to the total of the previous earnings of the beneficiary or his support of family and the amount of family allowances paid to a person protected with the same family charges the recipient type.
2. the previous earnings of the beneficiary or his breadwinner is calculated according to prescribed rules and, when protected persons or their breadwinners are divided into classes according to their earnings, the previous earnings may be calculated using earnings base of the classes to which they belonged.
3. a maximum can be prescribed for the amount of benefits or for the gain that is taken into account in the calculation of benefits, provided that this maximum is fixed so that the provisions of the by. 1 of this article are met when the previous earnings of the beneficiary or his breadwinner is equal to or less than the salary of a qualified male worker.
4. the previous earnings of the beneficiary or his breadwinner, the wage of the skilled male worker, benefits and family allowances are calculated on the same time basis.
5. for the other beneficiaries, the benefits are fixed so that they are in a reasonable relation to the recipient type.
6. for the purposes of this article, a qualified male worker is: a) either an adjuster or a Turner in the construction industry of machinery other than electrical machinery; b) or a journeyman type, defined in accordance with the provisions of the next paragraph; c) or a person whose gain is equal to or greater than 75% of all protected persons gains (, those gains are determined on an annual basis or on the basis of a shorter period, according to what is prescribed; d) is a person whose gain is equal to 125% of the average earnings of all protected persons.

7. the journeyman type, for the purposes of para. (b) paragraph previous, is selected in the class in as many of the males protected for the reporting event, or breadwinners of protected persons, in the branch which is itself the largest number of these protected persons or those breadwinners; for this purpose, use the International Classification type, by industry, of all branches of economic activity, adopted by the Council economic and social organization of the United Nations in its seventh session on 27 August 1948, and which is reproduced in the form revised in 1958, in the annex to this agreement, with any changes that could still be made.
8. when the benefits vary from one region to another, a qualified male worker can be chosen in each of the regions, in accordance with the provisions of by. 6 and 7 of this article.
9. the wage of the skilled male worker is determined on the basis of the wage for a normal number of fixed working hours or by collective agreements, or, as appropriate, by legislation or under it, or by custom, including cost of living allowances if any; When so determined wages differ from one region to another and the provisions of the previous paragraph are not applied, we take the median wage.

Art. 27 1. For any periodical payment to which this article applies, the amount of benefits, plus the amount of family allowances provided during the event, must be such that, for the standard beneficiary referred to in the table attached to this part, be at least equal to the event in question, to the percentage indicated in the table compared to the total of the wage of the ordinary adult male labourer and of the amount of family allowances paid to a person protected with the same family loads that the recipient type.
2. the wage of the ordinary adult male labourer, benefits and family allowances are calculated on the same time basis.
3. for the other beneficiaries, the benefits are fixed so that they are in a reasonable relation to the recipient type.
4. for the purposes of this article, the ordinary adult male is: a) a manoeuvre type in the construction industry of machinery other than electrical machinery; b) is a maneuver type defined in accordance with the provisions of the following paragraph.


5. the maneuver type, for the purposes of para. (b) paragraph previous, is selected in the class in as many of the males protected for the reporting event, or breadwinners of protected persons, in the branch which is itself the largest number of these protected persons or those breadwinners; for this purpose, use the International Classification type, by industry, of all branches of economic activity, adopted by the Council economic and social organization of the United Nations in its seventh session on 27 August 1948, and which is reproduced in the form revised in 1958, in the annex to this agreement, with any changes that could still be made.
6. when the benefits vary from one region to another, a male adult ordinary maneuver can be chosen in each of the regions, in accordance with the provisions of by. 4 and 5 of this article.
7. the wage of the ordinary adult male labourer shall be determined on the basis of the wage for a normal number of hours of work fixed, either by collective agreements, or, as appropriate, by legislation or under it, or by custom, including cost of living allowances if any; When so determined wages differ from one region to another and the provisions of the previous paragraph are not applied, we take the median wage.

Art. 28 for any periodical payment to which this article applies: a) the amount of the benefits shall be fixed according to a prescribed scale or according to a schedule adopted by the public authorities in accordance with prescribed rules; b) the amount of the benefits can be reduced only insofar as the other resources of the family of the beneficiary exceed substantial amounts prescribed or adopted by public authorities in accordance with the prescribed rules; c) the total of benefits and other resources, after deduction of the substantial amounts referred to in the preceding paragraph, shall be sufficient to ensure that the family of the beneficiary of the healthy and decent living conditions and must not be less than the amount of benefits calculated in accordance with the provisions of art. 27; d) the provisions of the preceding paragraph will be deemed to be satisfied if the total amount of benefits paid by virtue of the part in question exceeds at least 30% of the total amount of benefits that would be obtained by applying the provisions of art. 27 and the provisions of: i) para. (b) by. 1 of art. 9 for the part II; ii) para. (b) by. 1 of art. 16 for the part III; iii) para. (b) by. 1 of art. 22 to part IV.

Art. 29 1. The amount of current periodical payments referred to in art. 10, art. 17 and art. 23 will be revised because of sensitive changes in the general level of earnings or sensitive changes in the cost of living.
2. any Member shall report the findings of these reviews in the reports on the application of this convention that it is required to introduce s. 22 of the Constitution of the International Labour Organization and indicate what action has been undertaken in this regard.
Table (annex to the part V) periodic payments to standard beneficiaries part event beneficiary-type percentage II disability man with a wife and 2 children 50 III old man with a wife of age for pension 45 IV death of the breadwinner widow with 2 children 45 RS 0.820.1 part VI provisions art. 30. national legislation should provide for the maintenance of rights being acquired to contributory benefits for disability, old age and survivors, under prescribed conditions.

Art. 31-1. Disability, old age or survivors benefits may be suspended, under prescribed conditions, if the beneficiary exercises a gainful activity.
2. contributory invalidity, old age or survivors benefits can be reduced when the gain of the beneficiary exceed a prescribed amount without however that the reduction of benefits can be greater than the amount of the gain.
3. non-contributory invalidity, old age or survivors benefits can be reduced when the gain of the recipient, or other resources, or both together, exceed a prescribed amount.

Art. 32 1. The benefits to which a protected person would have been entitled in application of any parts II to IV of this convention may be suspended, in a measure that can be prescribed: a) as long as the person concerned is not in the territory of the Member, unless, under prescribed conditions, in the case of contributory benefits; b) also long as the person is maintained out of public funds or at the expense of an institution or a social security service; c). When the person fraudulently attempted to obtain the services in question; d) when the event was caused by a crime or an offence committed by the person concerned; e) when the event was caused by a fault serious and intentional person; f) in appropriate cases, when the person concerned neglects without good reason to use medical or rehabilitation services that are available (, or does not observe the rules prescribed for verifying the existence; of the contingency or for the conduct of benefit recipients g) regarding survivor benefits awarded to a widow, as long as she lives in concubinage.

2. in the cases and within the limits that are prescribed, a part of the benefits that would have normally been allocated must be served to the dependants of the person concerned.

Art. 33-1. In the event that a protected person may or would have been entitled simultaneously to various disability, old age or survivors benefits, these benefits may be reduced under conditions and limits. However, the protected person must receive in total a amount equal at least to the most favourable benefits.
2. in the event that a protected person may or would have been entitled to benefits under this Convention and receives cash, for a same contingency, other benefits of social security, with the exception of family benefits, the benefits due under this convention may be reduced or suspended under conditions and limits, provided that the part of the benefits which is reduced or suspended does not the amount of other benefits.

Art. 34 1. All applicant must have the right of appeal in case of refusal of benefits or protest about their nature or their amount.
2. procedures should be prescribed, that allow, as appropriate, to the applicant to be represented or assisted by a person of his choice or by a delegate of an organisation representative of protected persons.

Art. 35 1. Any member must assume general responsibility with regard to the provision of benefits granted in application of the present convention and take all measures to that effect.
2. any Member should assume general responsibility for the proper administration of the institutions and services which contribute to the application of this convention.

Art. 36. when the administration is not provided by an institution regulated by the public authorities or by a Government Department responsible to a Parliament, representatives of the protected persons must participate in administration under prescribed conditions; national legislation may also provide for the participation of representatives of employers and the public authorities.

Part VII provisions various art. 37 to the extent necessary, any member whose legislation protects employees may exclude from the application of this convention: a) the performer of odd jobs people; b) members of the employer's family, living under his roof, insofar as they work for him; c) other categories of employees, whose number must not exceed 10% of all employees other than those excluded in accordance with paras. (a) and (b) of this article.

Art. 38 1. Any member whose legislation protects employees may, by a declaration accompanying its ratification, exclude temporarily the application of this convention workers in the agricultural sector which are not yet protected by its legislation at the date of such ratification.
2. any Member which has made a declaration in accordance with the previous paragraph must, in the reports on the application of this convention that it is required to submit under art. 22 of the Constitution of the International Labour Organization, indicate to what extent he has responded and what action he proposes to give to the provisions of the convention with respect to workers in the agricultural sector, as well as all progress in the application of the convention such employees, or, if there is no change to report providing all appropriate explanations.
3. each Member which has made a declaration in application of the by. 1 of the present article will need to increase the number of workers protected from the agricultural sector to the extent and according to the pace allowed by the circumstances.

RS 0.820.1


Art. 39 1. Each Member which ratifies this convention may, by a declaration accompanying its ratification, exclude from the application of the convention: a) the people of sea, including fishermen, b) officers of the public service, when these categories are protected by special schemes which grant, the total benefits at least equivalent to those provided for by this convention.
2. where a declaration made in application of the previous paragraph is in effect, the Member may exclude the persons covered by this declaration of the number of people taken into account for the calculation of the percentages provided for in para. (b) by. 1 and para. (b) by. 2 of art. 9, at para. (b) by. 1 and para. (b) by. 2 of art. 16, at para. (b) by. 1 and para. (b) by. 2 of art. 22 and the al. (c) of art. 37 3. Any Member which has made a declaration in accordance with the provisions of the by. 1 of the present article may, thereafter, notify the Director general of the international labour office that it accepts the obligations of this convention with respect to any category excluded during ratification.

Art. 40 if a protected person can benefit, under national law, death of the breadwinner, of periodic benefits other than survivors benefits, these periodic benefits can be assimilated to the survivors benefits for the purposes of the application of this convention.

Art. 41 1. When a member: a) has accepted the obligations of this convention in respect of parts II, III and IV; b) protects a percentage of the economically active population that is at least ten units higher than the required percentage in the art. 9, by. 1, al. (b), art. 16, by. 1, al. (b), and art. 22, by. 1, al. (b), or complies with the provisions of art. 9, by. 1, al. (c) art. 16, by. 1, al. (c), and art. 22, by. 1, al. c); c) guarantees with regard to two or more of the contingencies covered by parts II, III and IV of the benefits of an amount corresponding to a percentage of at least five units higher than the percentages shown in the table attached to part V;

such a member may rely on the provisions of the following paragraph.
(2 said Member may: has) a substitute, for the purposes of art. 11, by. 2, al. (b), and art. 24, by. 2, al. (b), a course of five years at the stage specified three years; b) determine the beneficiaries of survivor benefits in a different way from that required in art. 21, but which ensures that the total number of beneficiaries is not less than the number that would result from the application of art. 21 3. Any Member availing itself of the provisions of the preceding paragraph shall indicate, in the reports on the application of this convention that it is required to submit under art. 22 of the Constitution of the International Labour Organization, the State of its law and practice regarding the issues referred to in that paragraph and the progress made with a view to the full application of the provisions of the convention.

SR 0.820.1 art. 42 1. When a member: a) has accepted the obligations of this convention in respect of parts II, III and IV; b) protects a percentage of the economically active population that is at least ten units higher than the required percentage in the art. 9, by. 1, al. (b), art. 16, by. 1, al. (b), and art. 22, by. 1, al. (b), or complies with the provisions of art. 9, by. 1, al. (c) art. 16, by. 1, al. (c), and art. 22, by. 1, al. (c);

such a member may waive certain provisions of parts II, III or IV, provided that the total amount of benefits paid in respect of the part in question is at least equivalent to 110% of the total amount of benefits that would be obtained by applying all the provisions of the said party.
2. any Member having had recourse to such derogations shall indicate, in the reports on the application of this convention that it is required to submit under art. 22 of the Constitution of the International Labour Organization, the State of its law and practice on the issues covered by these exemptions and the progress in the application of the provisions of the convention.

SR 0.820.1 art. 43 this convention does not apply: a) to the contingencies which occurred before the entry into force of the relevant part of the convention for the Member concerned; b) to benefits attributed to events that occurred after the entry into force of the relevant part of the convention for the Member concerned, insofar as these benefits come from periods prior to the date of the said entry into force.

Art. 44 1. This convention revised, in the conditions specified below, the convention on old-age insurance (industry, etc.), 1933; the agreement on insurance - (agriculture), 1933; the convention on disability insurance (industry, etc.), 1933; the convention on disability insurance (agriculture), 1933; the convention on the death insurance (industry, etc.), 1933, and the convention on the insurance-death (agriculture), 1933.
2. acceptance of the obligations of this convention by a member which is a party to one or several of the conventions thus revised will be, on the date on which the convention will enter into force for that Member, the following legal effects: has) the acceptance of the obligations of part II of the convention will involve, of right, the immediate denunciation of the convention on disability insurance (industry ((, etc.), 1933, and disability insurance (agriculture) Convention, 1933; b) involve the acceptance of the obligations of part III of the convention, of right, the immediate denunciation of the convention on old-age insurance (industry, etc.), 1933, and of the convention on the old-age insurance (agriculture), 1933, c) acceptance of the obligations of part IV of the convention will involve, of right, the immediate denunciation of the convention on the death insurance (industry ), 1933, and death insurance (agriculture) Convention, 1933.

Art. 45 1. In accordance with the provisions of art. 75 of the convention on social security (minimum standards), 1952, the following parties to the convention and the corresponding provisions in other parts of the convention will cease to be applicable to any Member which ratifies this convention, from the date on which the provisions of this convention bind this member, without any statement in application of art. 38 is in effect: a) part IX, if the Member has accepted the obligations of part II of this convention; b) part V, if the Member has accepted the obligations of part III of this convention; c) part X, if the Member has accepted the obligations of part IV of this convention.

2 on condition that a statement in application of art. 38 is not in force, the acceptance of the obligations of the convention will be considered, for the purposes of art. 2 of the convention on social security (minimum standards), 1952, as the acceptance of the obligations of the following parts and the corresponding provisions in other parts of the convention: a) part IX, if the Member has accepted the obligations of part II of this convention; b) part V, if the Member has accepted the obligations of part III of the present convention; c) part X If the Member has accepted the obligations of part IV of this convention.

Art. 46. where it will be prepared in a convention adopted by the Conference and carrying on one or more of the subjects dealt with by this convention, the provisions of which will be specified in the new convention will cease to apply to any Member ratifying the latter, from the date of its entry into force for the Member concerned.

Section VIII final art. 47. the formal ratifications of this convention will be communicated to the Director-general of the international Bureau and the work by him saved.

Art. 48-1. 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. 49 1. Any Member ratifying this convention may, at the expiration of a period of ten years after the date of the original of the convention implementation, denounce the convention or one of its parts II to IV, or several of them, by an act communicated to the Director general of the international labour 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 for a further period of ten years and, thereafter, may denounce the convention or one of its parts II to IV , or several of them, at the expiration of each period of ten years under the terms provided for in this article.

Art. 50 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. 51. 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. 52. 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. 53 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. 49 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. 54 French and English versions of the text of this convention are equally authentic.
(Follow Signatures)

Annex International Classification type, by industry, of all branches of economic activity (revised 1958) Nomenclature of branches and branch branch 0 class classes. Agriculture, forestry, hunting and fishing: 01.

Agriculture 02.

Forestry and logging 03.

Hunting, trapping and repopulation in game 04.

Fishing branch 1. Extractive industries: 11.

12 coal mining.

Extraction of metal ores 13.

Crude oil and natural gas 14.

Extraction of the stone building, clay and sand 19.

Extraction of other minerals nonmetallic Branches 2-3. Manufacturing industries: 20.

Food industries, excluding the production of 21 drinks.

Manufacture of beverages 22.

The 23 tobacco industry.

Textile industry 24.

Manufacture of shoes and clothing items and clothing of various works in fabric 25.

Industry of wood and Cork, except furniture 26 industry.

The 27 furniture industry.

The paper industry and manufacturing items in paper 28.

Printing, publishing and related industries 29.

Industry of leather, furs and leather and fur, excluding shoes and other clothing items 30 articles.

31 rubber industry.

Chemical industry 32.

33 coal and oil derivatives industry.

Non-metallic mineral products industry, excluding the derivatives of oil and coal 34.

Basic metal industry 35.

Manufacturing works in metals, excluding machinery and transport equipment 36.

Construction of machinery, except electrical machinery 37.

Construction of machines, devices and electric supplies 38.

Construction of transportation equipment 39.

Various manufacturing industries branch 4. Building and public works: 40.

Building and public works industry 5. Electricity, gas, water and sanitary services: 51.

Electricity, gas and steam 52.

Services of water and health services branch 6. Trade, banking, insurance, real estate: 61.

Wholesale and retail 62 trade.

Banks and other financial institutions 63.

Insurance 64.

Real estate business branch 7. Transport, storage and communications: 71.

Transport 72.

Warehouses and stores 73.

Communications branch 8. Services: 81.

Government services 82.

Services provided to the Community Services provided to businesses 84 83.

Recreational services 85.

Personal services branch 9. Bad designated activities: 90.

Evil activities designated State scope on July 25, 2006 May 18, 2006 States parties Ratification Declaration of estate (S) entry into force Germany January 15, 1971 15 January 1972 Austria * b November 4, 1969 November 4, 1970 Barbados * c September 15, 1972 15 September 1973 Bolivia * has January 31, 1977 January 31, 1978 Cyprus d January 7, 1969 January 7, 1970 Ecuador * has 5 April 1978 April 5, 1979 Finland January 13, 1976 January 13, 1977 Libya 19 June 1975 19 June 1976 Norway 1 November 1968 1 November 1969 Netherlands 27 October 1969 October 27, 1970 Czech Republic 1 January 1993 S January 1, 1993 Slovakia 1 January 1993 S January 1, 1993 Sweden July 26, 1968 November 1, 1969 Switzerland September 13, 1977 13 September 1978 Uruguay 28 June 1973 28 June 1974 Venezuela * has 1 December 1983 December 1, 1984 * reservations and declarations see below.

This State has accepted the obligations of parts II to IV of the convention.

This State has accepted the obligations of part III of the convention.

This State has accepted the obligations of parts II and III of the convention.

This State has accepted the obligations of part IV of the convention.

Reservations and declarations Austria under art. 39, by. 1 (b), the public service officers are excluded from the application of the convention.

Barbados in application of art. 4 of the convention, the Government declares that it reserves the benefit of the temporary derogation provided in the by. 2 of art. 13, so that adequate measures have been taken in terms of rehabilitation.

Bolivia under art. 4, by. 1, of the convention, the Government reserves the benefit of the temporary derogations set out in art. 9, by. 2, art. 13, by. 2, art. 16, by. 2, and art. 22, by. 2. the Government States avail itself also of temporary exclusion under art. 38, by. 1, of the convention.

Ecuador under art. 4, by. 1, of the convention, the Government reserves the benefit of the temporary derogations set out in art. 9, by. 2, art. 13, by. 2, art. 16, by. 2, and art. 22, by. 2. in art. 38, by. 1, of the convention, the Government said temporarily the application of the convention excluded employees in the agricultural sector.

Venezuela under art. 4, by. 1, of the convention, the Government reserves the benefit of the temporary derogations set out in art. 9, by. 2, art. 13, by. 2, art. 16, by. 2, and art. 22, by. 2. in art. 38, by. 1, of the convention, the Government said temporarily the application of the convention excluded employees in the agricultural sector.

1978 1493 RO; FF 1976 III Art. 1345 1 al. 1 of AF of June 23, 1977 (RO 1978 1491) a version of the update scope is published on the web site of the FDFA (www.eda.admin.ch/eda/f/home/foreign/intagr/dabase.html).

State on July 25, 2006

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