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RS 0.831.105 Convention no 128 of 29 June 1967 concerning invalidity, old age and survivors' benefits (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

Convention n O 128 concerning invalidity, old-age and survivors' benefits

Concluded at Geneva on 29 June 1967
Approved by the Federal Assembly on June 23, 1977 1
Instrument of ratification deposited by Switzerland on 13 September 1977
Entry into force for Switzerland on 13 September 1978

(Status on 25 July 2006)

The General Conference of the International Labour Organization,

Convened in Geneva by the Governing Council of the International Labour Office, and met on 7 June 1967, at its fifty-first session;

After deciding to adopt various proposals for the revision of the Old Age Insurance Agreement (Industry, etc.), 1933, of the Retirement Insurance Agreement (Agriculture), 1933, of the Disability Insurance Agreement (Industry, etc.), 1933, of the Convention on Disability Insurance (Agriculture), 1933, of the Convention on Death Insurance (Industry, etc.), 1933, and the Convention on Death Insurance (Agriculture), 1933, which is the fourth Agenda for the session;

Having decided that these proposals would take the form of an international convention,

Adopted, this twenty-ninth day of June, nine hundred and sixty-seven, the following convention, which will be referred to as the Convention on the Benefits of Invalidity, Old Age and Survivors, 1967.

Part I General Provisions

Art. 1

For the purposes of this Agreement:

(a)
The term "legislation" includes laws and regulations, as well as statutory social security provisions;
(b)
The term "prescribed" means determined by or under national law;
(c)
The term "industrial enterprise" includes any undertaking falling within the following branches of economic activity: extractive industries; manufacturing industries; construction and public works; electricity, gas, water and sanitation; transport, Warehouses and communications;
(d)
The term "residence" means the ordinary residence in the Member's territory, and the term "resident" means a person who ordinarily resides in the Member's territory;
(e)
The term "dependent" refers to the alleged state of dependence in prescribed circumstances;
(f)
The term "spouse" means a spouse who is dependent on her husband;
(g)
The term "widow" means a woman who was at the care of her husband at the time of her death;
(h)
The term "child" means:
(i)
A child who is below the age at which compulsory schooling ends or a child under 15 years of age, the highest age to be taken into account,
(ii)
Under prescribed conditions, a child below an age greater than the age specified in the previous subparagraph, when the child is placed in apprenticeship, continues his or her studies or is suffering from a chronic illness or infirmity rendering him unfit for The exercise of any professional activity, unless the national legislation defines the term "child" as including any child below a substantially higher age than the age specified in the preceding subparagraph;
(i)
The term "probationary period" means either a contribution period or a period of employment, or a period of residence, or any combination of those periods, as prescribed;
(j)
The terms "contributory benefits" and "non-contributory benefits" refer respectively to the benefits to which the grant depends and the benefits for which the grant does not depend on the direct financial participation of the protected persons or Their employer, or a condition of professional training.
Art. 2

1. Any Member for which this Convention is in force shall apply:

(a)
Part I;
(b)
At least one of Parts II, III and IV;
(c)
The corresponding provisions of Parts V and VI;
(d)
Part VII.

2. Any Member shall specify in its ratification the Party or Parties, from Parts II to IV of this Agreement, for which it accepts the obligations arising out of the Convention.

Art. 3

1. Any Member which has ratified this Convention may subsequently notify the Director General of the International Labour Office that it accepts the obligations arising out of the Convention in respect of one or more Parts II to IV which Have not already been specified in its ratification.

2. The commitments provided for in the preceding paragraph shall be deemed to be an integral part of the ratification and shall bear identical effects as from the date of their notification.

Art. 4

1. A Member whose economy has not attained sufficient development may, by means of a reasoned statement accompanying its ratification, reserve the benefit of the temporary derogations provided for in par. 2 of the art. 9, para. 2 of the art. 13, para. 2 of the art. 16 and at para. 2 of the art. 22.

(2) Any Member who has made a declaration pursuant to the preceding paragraph shall, in the reports on the application of this Convention 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:

(a)
The reasons for doing so still exist;
(b)
It waives, from a specified date, the exemption in question.

3. Any Member who has made a declaration under s. 1 of this article will have to increase the number of protected employees, where circumstances permit.


Art. 5

Where, for the purposes of applying any of Parts II to IV of this Convention subject to its ratification, a Member shall be required to protect prescribed classes of persons, in total, at least a specified percentage of the Of the economically active population, this Member must ensure, before committing to apply that part, that the percentage in question is reached.

Art. 6

In order to apply Parts II, III or IV of this Convention, a Member may take into account the protection resulting from insurance which, under its legislation, is not compulsory for protected persons, where such insurance:

(a)
Are controlled by public authorities or jointly administered, in accordance with prescribed standards, by employers and workers;
(b)
Cover a substantial part of the persons whose gain does not exceed that of the qualified male worker;
(c)
Satisfy, in conjunction with the other forms of protection, where applicable, the provisions of the Convention relating to them.

Part II Disability benefits

Art. 7

Any Member for which this part of the Convention is in force shall guarantee the persons protected by the award of disability benefits in accordance with the following articles of that party.

Art. 8

The possibility covered must include the inability to engage in any professional activity, to a prescribed extent, where it is likely that the disability will be permanent or when it remains at the expiration of a prescribed period Temporary or initial disability.

Art.

1. Protected persons must understand:

(a)
All employees, including apprentices;
(b)
A total of 75 per cent of the economically active population at least 75 per cent of the economically active population;
(c)
All residents or residents whose resources during the event do not exceed prescribed limits in accordance with the provisions of s. 28.

2. Where a declaration made pursuant to s. 4 is in effect, protected persons must understand

(a)
The prescribed categories of employees forming a total of 25 % at least of all employees;
(b)
The prescribed classes of employees of industrial enterprises, forming a total of at least 50 % of all employees working in industrial enterprises.
Art. 10

Disability benefits must be paid in the form of calculated periodic payments:

(a)
In accordance with the provisions of s. 26, or art. 27, where employees or categories of the economically active population are protected;
(b)
Pursuant to the provisions of s. 28, when all residents are protected, or residents whose resources during the event do not exceed prescribed limits.
Art. 11

1. The benefits referred to in s. 10 must, in the event of the realization of the contingency, be guaranteed at least:

(a)
A protected person who has completed, before the realization of the contingency, under prescribed rules, an internship that may consist of fifteen years of assessment or employment, or ten years of residence;
(b)
Where, in principle, all economically active persons are protected, to a protected person who has performed, before the realization of the possibility, according to prescribed rules, an internship of three years of contribution and under which Have been paid, during the active period of his or her life, contributions for which the annual average number or annual number reaches a prescribed figure.

2. Where the award of invalidity benefits is subject to the completion of a minimum period of contribution, employment or residence, reduced benefits must be guaranteed at least:

(a)
A protected person who has performed, before the realization of the possibility, under prescribed rules, an internship of five years of assessment, employment or residence;
(b)
Where, in principle, all economically active persons are protected, to a protected person who has performed, before the realization of the possibility, according to prescribed rules, an internship of three years of contribution and under which During the active period of his or her life, half the annual average number or the prescribed annual number of contributions referred to in para. (b) from s. 1 of this article.

3. The provisions of s. 1 of this Article shall be deemed to be satisfied where benefits calculated in accordance with Part V, but by a percentage less than ten units to that indicated in the table annexed to that part for the beneficiary Type, are at least guaranteed to any protected person who has completed, according to prescribed rules, five years of assessment, employment or residence.

4. A proportional reduction in the percentage indicated in the table annexed to Part V may be made where the traineeship required for the award of benefits corresponding to the reduced percentage is greater than five years' contribution, Employment or residence, but less than fifteen years of contribution or employment or ten years of residence; reduced benefits will be allocated in accordance with subs. 2 of this article.

5. The provisions of s. 1 and 2 of this Article shall be deemed to be satisfied where the benefits calculated in accordance with Part V are at least guaranteed to any protected person who has performed, under prescribed rules, an assessment or employment course Which should not exceed five years at a prescribed minimum age, but may be higher on the basis of age without being able to exceed a maximum number of years prescribed.

Art. 12

The benefits referred to in s. 10 and 11 must be granted for the duration of the contingency or until they are replaced by old-age benefits.

Art. 13

1. Any Member for which this Part of the Convention is in force shall, under prescribed conditions:

(a)
Provide for rehabilitation services to prepare the invalids, in all cases where possible, to resume their previous activity or, if this is not possible, to carry out another professional activity that is best suited Possible to their abilities and abilities;
(b)
Take measures to facilitate the placement of invalids in an appropriate job.

2. Where a declaration made pursuant to s. 4 is in force, the Member concerned may derogate from the provisions of the preceding paragraph.

Part III Old Age Benefits

Art. 14

Any Member for which this part of the Convention is in force shall guarantee the persons protected by the provision of old-age benefits, in accordance with the following articles of that part.

Art. 15

1. The possibility covered is survival beyond a prescribed age.

2. The prescribed age shall not exceed sixty-five years. However, a higher age may be prescribed by the competent authorities, having regard to appropriate demographic, economic and social criteria, justified by statistics.

(3) If the prescribed age is equal to or greater than sixty-five years, that age shall be lowered, under prescribed conditions, for persons who have been employed in work under national law as arduous or unhealthy for the purposes of The provision of old-age benefits.

Art. 16

1. Protected persons must understand:

(a)
All employees, including apprentices;
(b)
A total of 75 per cent of the economically active population at least 75 per cent of the economically active population;
(c)
All residents or residents whose resources during the event do not exceed prescribed limits in accordance with the provisions of s. 28.

2. Where a declaration made pursuant to s. 4 is in effect, protected persons must understand:

(a)
The prescribed categories of employees forming a total of 25 % at least of all employees;
(b)
The prescribed classes of employees of industrial enterprises, forming a total of at least 50 % of all employees working in industrial enterprises.
Art. 17

Old-age benefits must be paid in the form of calculated periodic payments:

(a)
In accordance with the provisions of s. 26, or art. 27, where employees or categories of the economically active population are protected;
(b)
Pursuant to the provisions of s. 28, when all residents are protected, or residents whose resources during the event do not exceed prescribed limits.
Art. 18

1. The benefits referred to in s. In the event of the eventuality covered, 17 must be guaranteed at least:

(a)
A protected person who has completed, before the realization of the contingency, under prescribed rules, an internship that may consist of thirty years of assessment or employment, or twenty years of residence;
(b)
Where, in principle, all economically active persons are protected, a protected person who has completed, before the event, a prescribed course of assessment and in respect of which the person has been paid, in the course of the Active period of his or her life, contributions whose annual average number reaches a prescribed number.

2. Where the provision of old-age benefits is subject to the completion of a minimum period of contribution or employment, reduced benefits must be guaranteed at least:

(a)
A protected person who has completed, before the event, under prescribed rules, a probationary period of fifteen years of employment or employment;
(b)
Where, in principle, all economically active persons are protected, a protected person who has completed, prior to the realization of the contingency, a prescribed course of assessment and the title of which has been paid during the period In his or her lifetime, half of the annual average number of prescribed contributions referred to in para. (b) from s. 1 of this article.

3. The provisions of s. 1 of this Article shall be deemed to be satisfied where benefits calculated in accordance with Part V, but by a percentage less than ten units to that indicated in the table annexed to that part for the beneficiary Type, are at least guaranteed to any protected person who has completed, under prescribed rules, ten years of assessment or employment, or five years of residence.

4. A proportional reduction in the percentage indicated in the table annexed to Part V may be made where the traineeship required for the award of benefits corresponding to the reduced percentage is greater than ten years' contribution or Of employment or five years of residence, but less than thirty years of contribution or employment or twenty years of residence. In the event that the probationary period is more than fifteen years of contribution or employment, reduced benefits will be allocated in accordance with subs. 2 of this article.

Art. 19

The benefits referred to in s. 17 and 18 must be granted for the duration of the contingency.

Part IV Survivor Benefits

Art.

Any Member for which this Part of the Convention is in force shall guarantee to protected persons the award of survivor benefits in accordance with the following articles of that party.

Art.

1. The possibility covered must include the loss of livelihood suffered by the widow or children as a result of the death of family support.

2. The right of a widow to survivor benefits may be subject to the condition that she has reached a prescribed age. This age must not be higher than the age prescribed for entitlement to old-age benefits.

3. However, no age requirement may be required:

(a)
When the widow is disabled, in the prescribed sense;
(b)
When the widow has a child of the deceased.

4. In order for a widow without children to be entitled to survivor benefits, a minimum period of marriage may be prescribed.

Art.

1. Protected persons must understand:

(a)
The spouses, children and other dependants designated by the national legislation, whose family support was employed or apprenticed;
(b)
The spouses, children and other dependants designated by the national legislation, whose family support belonged to prescribed classes of the economically active population, in total 75 % of the population The entire economically active population;
(c)
All widows, all children and all other dependants designated by national legislation who have lost their family support, who have the quality of residence and, if so, whose resources during the event Do not exceed prescribed limits in accordance with the provisions of s. 28.

2. Where a declaration made pursuant to s. 4 is in effect, protected persons must understand:

(a)
The spouses, children and other dependants designated by the national legislation, whose family support belonged to prescribed categories of employees forming, in total, at least 25 % of all employees;
(b)
The spouses, children and other dependants designated by the national legislation, whose family support belonged to prescribed classes of employees of industrial undertakings, in total, at least 50 % of All employees working in industrial enterprises.
Art.

Survivor benefits must be provided in the form of calculated periodic payments:

(a)
In accordance with the provisions of s. 26, or art. 27, where employees or categories of the economically active population are protected;
(b)
Pursuant to the provisions of s. 28, when all residents are protected, or residents whose resources during the event do not exceed prescribed limits.
Art. 24

1. The benefits referred to in s. In the event of the eventuality covered, 23 must be guaranteed at least:

(a)
A protected person whose family support has completed, according to prescribed rules, an internship that may consist of fifteen years of assessment or employment, or ten years of residence; however, if the benefits are survivors' benefits Granted to a widow, the fulfilment by the widow of a prescribed traineeship of residence may be considered sufficient;
(b)
Where, in principle, the women and children of all economically active persons are protected, to a protected person whose family support has carried out, according to prescribed rules, a three-year probationary period, to the In respect of this family support during the active period of his or her life, contributions for which the annual average number or the annual number reaches a prescribed figure.

2. Where the provision of survivor benefits is subject to the completion of a minimum period of contribution or employment, reduced benefits must be guaranteed at least:

(a)
A protected person whose family support has, according to prescribed rules, completed five years of assessment or employment;
(b)
Where, in principle, the women and children of all economically active persons are protected, to a protected person whose family support has carried out, according to prescribed rules, a three-year probationary period, to the The condition that, in respect of this family support, has been paid during the active period of his or her life, half the annual average number or the prescribed annual number of contributions referred to in para. (b) from s. 1 of this article.

3. The provisions of s. 1 of this Article shall be deemed to be satisfied where benefits calculated in accordance with Part V, but by a percentage less than ten units to that indicated in the table annexed to that part for the beneficiary Type, are at least guaranteed to any protected person whose family support has, according to prescribed rules, completed five years of assessment, employment or residence.

4. A proportional reduction in the percentage indicated in the table annexed to Part V may be made where the traineeship required for the award of benefits corresponding to the reduced percentage is greater than five years' contribution, Employment or residence, but less than fifteen years of contribution or employment or ten years of residence. In the event that the traineeship is a traineeship or a traineeship, reduced benefits will be allocated in accordance with subs. 2 of this article.

5. The provisions of s. 1 and 2 of this Article shall be deemed to be satisfied where benefits calculated in accordance with Part V are at least guaranteed to any protected person whose family support has performed, according to prescribed rules, an internship of Contribution or employment that should not exceed five years at a prescribed minimum age, but may be higher on the basis of age without being able to exceed a maximum number of prescribed years.

Art. 25

The benefits referred to in s. 23 and 24 must be granted for the duration of the contingency.

Part V Calculation of periodic payments

Art. 26

For any periodic payment to which this Article applies, the amount of the benefit, plus the amount of the family allowances paid during the contingency, shall be such that, for the type beneficiary referred to in the table annexed to the At least equal to the percentage indicated in this table in relation to the total of the beneficiary's previous gain or family support and the amount of family allowances paid to a Protected person having the same family expenses as the typical beneficiary.

2. The beneficiary's prior gain or family support is calculated in accordance with prescribed rules and, where the protected persons or their breadwinners are divided into classes following their earnings, the previous gain may be Calculated on the basis of the basic gains of the classes to which they belonged.

A maximum may be prescribed for the amount of the benefit or for the gain which is taken into account in the calculation of benefits, provided that this maximum is fixed in such a way that the provisions of subs. 1 of this section is satisfied where the previous gain of the beneficiary or his or her family support is equal to or less than the salary of a qualified male worker.

4. The previous gain of the beneficiary or his/her family support, qualified male worker's salary, benefits and family allowances are calculated on the same base time.

5. For other beneficiaries, benefits are fixed in such a way that they are in a reasonable relationship with those of the benefit-type.

6. For the purposes of this section, a qualified male worker is:

(a)
An adjustment or turning point in the machinery construction industry, excluding electrical machinery;
(b)
A skilled worker, defined in accordance with the provisions of the following paragraph;
(c)
A person whose gain is equal to or greater than the earnings of 75 % of all protected persons, as such gains are determined on an annual basis or on the basis of a shorter period, as prescribed;
(d)
A person whose gain is equal to 125 % of the average gain of all protected persons.

7. The typical skilled worker for the application of para. (b) of the preceding paragraph, shall be chosen in the class occupying the largest number of persons of the protected male sex in the case considered, or in support of the family of protected persons, in the branch which occupies the most Many of these protected persons or breadwinners will use the International Standard Industrial Classification of all economic sectors, adopted by the Economic and Social Council. The United Nations at its seventh session, on 27 August 1948, and which is reproduced in its form Revised in 1958, in the Annex to this Convention, taking into account any changes which may be made to it.

8. Where benefits vary from region to region, a qualified male worker may be selected in each region in accordance with the provisions of subs. 6 and 7 of this article.

9. The wages of the qualified male worker shall be determined on the basis of the salary for a normal number of hours of work fixed, either by collective agreements or, where appropriate, by national legislation or by virtue thereof, or by Where the salaries so determined differ from one region to another and the provisions of the preceding paragraph are not applied, the median salary shall be taken.

Art. 27

For any periodic payment to which this Article applies, the amount of the benefit, plus the amount of the family allowances paid during the contingency, shall be such that, for the beneficiary-type referred to in the table annexed to the At least equal to the percentage indicated in this table in relation to the total salary of the male adult male labourer and the amount of family allowances paid to a protected person Having the same family expenses as the benefit-type.

2. The salary of the male adult male labourer, the benefits and the family allowances are calculated on the same basic time.

3. For other beneficiaries, benefits are fixed in such a way that they are in a reasonable relationship with those of the benefit-type.

4. For the purposes of this section, the male adult male labourer is:

(a)
A typical manoeuvre in the machinery construction industry, excluding electrical machinery;
(b)
A type of manoeuvre defined in accordance with the provisions of the following paragraph.

5. The typical manoeuvre for the application of para. (b) of the preceding paragraph, shall be chosen in the class occupying the largest number of persons of the protected male sex in the case considered, or in support of the family of protected persons, in the branch which occupies the most Many of these protected persons or breadwinners will use the International Standard Industrial Classification of all economic sectors, adopted by the Economic and Social Council. The United Nations at its seventh session, on 27 August 1948, and which is reproduced in its form Revised in 1958, in the Annex to this Convention, taking into account any changes which may be made to it.

6. Where benefits vary from region to region, a male adult male labourer may be selected in each region in accordance with the provisions of subs. 4 and 5 of this article.

7. The salary of the ordinary male adult labourer shall be determined on the basis of the salary for a normal number of hours of work fixed, either by collective agreements or, where appropriate, by national legislation or by virtue thereof, By custom, including the cost of living allowances, if any; where the salaries so determined differ from one region to another and the provisions of the preceding paragraph are not applied, the median salary shall be taken.

Art. 28

For any periodic payment to which this Article applies:

(a)
The amount of the benefit must be fixed according to a prescribed scale, or according to a scale laid down by the competent public authorities in accordance with prescribed rules;
(b)
The amount of the benefits may be reduced only to the extent that the other resources of the beneficiary's family exceed substantial amounts prescribed or arrested by the competent public authorities in accordance with prescribed rules;
(c)
The total of the benefits and other resources, after deduction of the substantial amounts referred to in the preceding paragraph, must be sufficient to ensure that the family of the beneficiary of the beneficiary's conditions of life are healthy and suitable and must not be Less than the amount of the benefits calculated in accordance with the provisions of s. 27;
(d)
The provisions of the preceding paragraph shall be deemed to be satisfied if the total amount of the benefits paid under the part in question exceeds by at least 30 % the total amount of the benefits that would be obtained by applying the Provisions of s. 27 and the provisions of:
(i)
Al. (b) from s. 1 of the art. 9 for Part II;
(ii)
Al. (b) from s. 1 of the art. 16 for Part III;
(iii)
Al. (b) from s. 1 of the art. 22 for Part IV.
Art.

1. The amount of current periodic payments referred to in s. 10, art. 17 and art. 23 will be revised as a result of significant changes in the general level of earnings or significant changes in the cost of living.

2. Any Member shall report the conclusions drawn from these reviews 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 1 And indicate what action has been taken in this regard.

Table (Annex to Part V)

Periodic payments to recipients-types

Party

Optionally

Beneficiary-type

Percent

II

Invalidity

Male with wife and 2 children

50

III

Old Age

Male with a pension age wife

45

IV

Family Support Death

Widow with 2 children

45


Part VI Common Provisions

Art.

National legislation must provide for the maintenance of rights in the course of acquisition of contributory invalidity, old age and survivors' benefits under prescribed conditions.

Art.

1. Invalidity, old-age or survivors' benefits may be suspended, under prescribed conditions, if the beneficiary is engaged in a gainful occupation.

2. The contributory invalidity, old-age or survivor benefits may be reduced, where the beneficiary's gain exceeds a prescribed amount, without, however, the reduction of the benefit can be greater than the amount of the gain.

3. Non-contributory benefits of invalidity, old age or survivors may be reduced, where the beneficiary's gain or other resources, or both together, exceed a prescribed amount.

Art. 32

1. The benefits to which a protected person would have been entitled under any of Parts II to IV of this Agreement may be suspended, to a extent that may be prescribed:

(a)
As long as the person concerned is not in the Member's territory, except under prescribed conditions, if they are contributory benefits;
(b)
As long as the person concerned is being held on public funds or at the expense of a social security institution or service;
(c)
When the person concerned tried fraudulently to obtain the benefits in question;
(d)
Where the contingency was caused by a crime or an offence committed by the interest;
(e)
Where the contingency was caused by a serious and intentional fault of the interest;
(f)
In appropriate cases where the person concerned fails without good reason to use the medical services or rehabilitation services at his disposal, or fails to comply with the rules prescribed for the verification of the existence of the contingency Or for the conduct of benefit recipients;
(g)
As regards the survivor benefits attributed to a widow, as long as she lives in a common-law relationship.

2. In the cases and within the limits prescribed, a portion of the benefits that would otherwise have been allocated must be served by the person in charge of the person concerned.

Art. 33

1. In the event that a protected person may or may have been entitled simultaneously to various invalidity, old-age or survivors' benefits, such benefits may be reduced under prescribed conditions and limits. However, the protected person must receive a total of at least the most favourable benefits.

2. In the event that a protected person may or may have been entitled to benefits under this Convention and receives in cash, for the same eventuality, other social security benefits, other than benefits Benefits payable under the Convention may be reduced or suspended under prescribed conditions and limits, provided that the portion of benefits that is reduced or suspended does not exceed the amount of the other Benefits.

Art. 34

1. Any applicant must have the right to appeal in the event of the denial of benefits or disputes over their nature or amount.

2. Procedures must be prescribed which, where appropriate, allow the applicant to be represented or assisted by a qualified person of his or her choice or by a delegate of a representative organization of the protected persons.

Art. 35

1. Any Member shall assume a general responsibility for the service of the benefits awarded pursuant to this Convention and shall take all necessary measures to that effect.

2. Any Member shall assume a general responsibility for the proper administration of the institutions and services which contribute to the application of this Convention.

Art. 36

Where the administration is not carried out 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 the administration Under prescribed conditions; national legislation may also provide for the participation of representatives of employers and public authorities.

Part VII Miscellaneous Provisions

Art.

Any Member whose legislation protects employees may, to the extent necessary, exclude from the application of this Convention:

(a)
Persons performing casual work;
(b)
Members of the employer's family, living under its roof, to the extent that they work for the employer;
(c)
Other categories of employees, the number of which must not exceed 10 % of all employees other than those excluded under paras. (a) and (b) of this article.
Art. 38

1. Any Member whose legislation protects employees may, by means of a declaration accompanying its ratification, temporarily exclude from the application of this Convention employees in the agricultural sector who are not yet protected by its Legislation on the date of such ratification.

(2) Any Member who has made a declaration pursuant to the preceding paragraph shall, in the reports on the application of this Convention that it is required to submit under s. 22 of the Constitution of the International Labour Organization 1 , indicate the extent to which it has acted and what action it proposes to give to the provisions of the Convention with regard to employees in the agricultural sector, as well as any progress made towards the implementation of the Convention Employees, or, if there is no change to report, provide all appropriate explanations.

3. Any Member who has made a declaration under s. 1 of this article shall increase the number of protected employees in the agricultural sector to the extent and according to the pace allowed by the circumstances.


Art. 39

1. Any Member ratifying this Convention may, by a declaration accompanying its ratification, exclude from the application of the Convention:

(a)
Seafarers, including fishermen,
(b)
Public Service employees,

When these categories are protected by special schemes which grant, in total, benefits at least equivalent to those provided for in this Convention.

2. Where a declaration made pursuant to the preceding paragraph is in force, the Member may exclude the persons covered by that declaration from the number of persons taken into account for the calculation of the percentages provided for in para. (b) from s. 1 et al. (b) from s. 2 of the art. 9, para. (b) from s. 1 et al. (b) from s. 2 of the art. 16, para. (b) from s. 1 et al. (b) from s. 2 of the art. 22 and para. (c) of s. 37.

3. Any Member who has made a declaration in accordance with the provisions of s. 1 of this Article may subsequently notify the Director General of the International Labour Office that he accepts the obligations of this Convention in respect of any category excluded at the time of its ratification.

Art. 40

If a protected person can benefit, under national law, in the event of the death of family support, periodic benefits other than survivors' benefits, such periodic benefits may be treated as Survivor benefits for the purposes of this Agreement.

Art.

1. When a Member:

(a)
Has accepted the obligations of this Agreement with respect to Parts II, III and IV;
(b)
Protects a percentage of the economically active population that is at least ten units higher than the percentage required by s. 9, para. 1, para. (b) in art. 16, para. 1, para. (b) and s. 22, para. 1, para. (b) meets the requirements of s. 9, para. 1, para. (c), art. 16, para. 1, para. (c), and art. 22, para. 1, para. (c);
(c)
Guarantees in respect of at least two of the possibilities covered by Parts II, III and IV of the benefits of an amount equal to a percentage of at least five units higher than the percentages indicated in the table annexed to the Part V;

Such a Member may avail itself of the provisions of the following paragraph.

2. The said Member may:

(a)
Substitute, for the purposes of s. 11, para. 2, para. (b) and s. 24, para. 2, para. (b) a five-year internship at the specified three-year internship;
(b)
Determine the beneficiaries of survivor benefits in a manner different from that required by s. 21, but ensures that the total number of beneficiaries is not less than the number that would result from the application of s. 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 1 , the state of its legislation and practice with regard to the matters referred to in that paragraph and the progress made towards the full implementation of the provisions of the Convention.


Art.

1. When a Member:

(a)
Has accepted the obligations of this Agreement with respect to Parts II, III and IV;
(b)
Protects a percentage of the economically active population that is at least ten units higher than the percentage required by s. 9, para. 1, para. (b) in art. 16, para. 1, para. (b) and s. 22, para. 1, para. (b) meets the requirements of s. 9, para. 1, para. (c), art. 16, para. 1, para. (c), and art. 22, para. 1, para. (c);

Such a Member may derogate from certain provisions of Parts II, III or IV, provided that the total amount of the benefits paid in respect of the party in question is at least equal to 110 % of the total amount of the benefits Would be granted by applying all the provisions of the said Party.

(2) Any Member having 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 1 , the state of its legislation and practice on the issues covered by these derogations and the progress made towards the full implementation of the provisions of the Convention.


Art. 43

This Agreement does not apply to:

(a)
The contingencies that occurred prior to the entry into force of the relevant part of the agreement for the Member concerned;
(b)
The benefits allocated for contingencies arising after the entry into force of the relevant part of the Convention for the Member concerned, to the extent that the rights to those benefits arise from periods prior to the date of That entry into force.
Art. 44

1. This Agreement shall, under the conditions set out below, revise the Old Age Insurance Agreement (Industry, etc.), 1933; the Old Age Insurance (Farming) Agreement, 1933; the Disability Insurance Agreement (Industry, Etc.), 1933; the Disability Insurance (Agriculture) Convention, 1933; the Convention on Death Insurance (Industry, etc.), 1933, and the Death Insurance (Agriculture) Convention, 1933.

2. The acceptance of the obligations of this Convention by a Member which is a party to one or more of the conventions thus revised shall, on the date on which the Convention enters into force for that Member, the following legal effects:

(a)
The acceptance of the obligations of Part II of the Agreement will involve, as a full right, the immediate termination of the Disability Insurance (Industry, etc.) Convention, 1933, and the Disability Insurance (Agriculture) Convention, 1933;
(b)
The acceptance of the obligations of Part III of the Convention will involve, of right, the immediate termination of the Old Age Insurance (Industry, etc.) Convention, 1933, and the Old Age Insurance (Agriculture) Convention, 1933,
(c)
The acceptance of the obligations of Part IV of the Convention will involve, of right, the immediate denunciation of the Convention on Death Insurance (Industry, etc.), 1933, and the Convention on Death Insurance (Agriculture), 1933.
Art. 45

1. In accordance with the provisions of Art. 75 of the Convention on Social Security (Minimum Standard), 1952, the following parts of the Convention and the corresponding provisions in the other parts of the Convention shall cease to be applicable to any Member ratifying This Convention, from the date on which the provisions of that Convention bind that Member, without a declaration under s. 38 is in effect:

(a)
Part IX, if the Member has accepted the obligations of Part II of this Agreement;
(b)
Part V, if the Member has accepted the obligations of Part III of this Agreement;
(c)
Part X, if the Member has accepted the obligations of Part IV of this Agreement.

2. Provided that a declaration under s. 38 not in force, acceptance of the obligations of this Agreement shall be considered for the purposes of s. 2 of the Convention on Social Security (Minimum Standard), 1952, as constituting acceptance of the obligations of the following parties and the corresponding provisions in the other parts of the Convention:

(a)
Part IX, if the Member has accepted the obligations of Part II of this Agreement;
(b)
Part V, if the Member has accepted the obligations of Part III of this Agreement;
(c)
Part X, if the Member has accepted the obligations of Part IV of this Agreement.
Art.

Where this is so disposed of in a convention subsequently adopted by the Conference on one or more of the matters dealt with in this Convention, the provisions of this Convention which shall be specified in the new Convention Shall cease to apply to any Member which has ratified the latter, from the date of its entry into force for the Member concerned.

Part VIII Final provisions

Art.

The formal ratifications of this Convention shall be communicated to and registered by the Director General of the International Labour Office.

Art. 48

(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.

Art.

1. Any Member having ratified this Convention may, at the expiration of a period of ten years after the date of the initial entry into force of the Convention, denounce the Convention, or any of its Parts II to IV, or any of them, by any Act communicated to and registered by the Director General of the International Labour Office. 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 the agreement or any of its Parts II to IV, or several of them, at the expiration of each ten-year period under the conditions set out in this Article.

Art. 50

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.

Art.

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.


Art.

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.

Art.

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:

(a)
The ratification by a Member of the new revision convention would automatically entail, notwithstanding s. 49 above, immediate termination of this Agreement, subject to the entry into force of the new revision agreement;
(b)
From the date of entry into force of the new Convention for revision, this Convention shall cease to be open for ratification by Members.

(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 Convention for revision.

Art.

The English and French versions of the text of this Agreement are equally authentic.

(Following Signatures)

Annex

International Standard Industrial Classification of All Economic Activities

(Revised 1958)

List of Branches and Classes

Class

Branch

Branch 0. Agriculture, forestry, hunting and fishing:

01.

Agriculture

02.

Forestry and Logging

03.

Hunting, trapping and restock of game

04.

Fishing

Branch 1. Extractive Industries:

11.

Coal Mining

12.

Mining of metallic ores

13.

Crude Oil and Natural Gas

14.

Extraction of the building stone, clay and sand

19.

Extracting other non-metallic minerals

Branches 2-3. Manufacturing Industries:

20.

Food industries, excluding the manufacture of beverages

21.

Beverage Manufacturing

22.

Tobacco Industry

23.

Textile Industry

24.

Manufacture of footwear and articles of clothing and manufacture of various articles of fabric

25.

Wood and cork industry, excluding the furniture industry

26.

Furniture Industry

27.

Paper industry and paper manufacturing

28.

Printing, Publishing and Related Industries

29.

Industry of leather, furs and leather and fur products, excluding footwear and other clothing

30.

Rubber Industry

31.

Chemical Industry

32.

Petroleum and Coal Products Industry

33.

Non-metallic mineral products industry, excluding petroleum and coal derivatives

34.

Basic Metallurgical Industry

35.

Manufacture of articles of metal, excluding transport machinery and equipment

36.

Construction of machinery, excluding electric machines

37.

Construction of electrical machinery, apparatus and supplies

38.

Construction of transportation equipment

39.

Miscellaneous Manufacturing Industries

Branch 4. Building and Public Works:

40.

Building and Public Works

Branch 5. Electricity, gas, water and sanitation:

51.

Electricity, gas and steam

52.

Water Services and Health Services

Branch 6. Trade, banking, insurance, real estate affairs:

61.

Wholesale and Retail Trade

62.

Banks and other financial institutions

63.

Insurance

64.

Real estate affairs

Branch 7. Transport, warehouses and communications:

71.

Transport

72.

Warehouses and stores

73.

Communications

Branch 8. Services:

81.

Government Services

82.

Services provided to the community

83

Services Provided to Business

84.

Recreational Services

85.

Personal Services

Branch 9. Poinappropriately designated activities:

90.

Poindesignate Activities


Status on 25 July 2006

Scope of application on 18 May 2006 2

States Parties

Ratification Statement of Succession (S)

Entry into force

Germany A

15 January

1971

15 January

1972

Austria * b

4 November

1969

4 November

1970

Barbados * c

September 15

1972

September 15

1973

Bolivia * a

31 January

1977

31 January

1978

Cyprus d

7 January

1969

7 January

1970

Ecuador * a

5 April

1978

5 April

1979

Finland A

13 January

1976

13 January

1977

Libya A

19 June

1975

19 June

1976

Norway A

1 Er November

1968

1 Er November

1969

Netherlands A

27 October

1969

27 October

1970

Czech Republic B

1 Er January

1993 S

1 Er January

1993

Slovakia B

1 Er January

1993 S

1 Er January

1993

Sweden A

26 July

1968

1 Er November

1969

Switzerland A

13 September

1977

13 September

1978

Uruguay A

28 June

1973

28 June

1974

Venezuela * a

1 Er December

1983

1 Er December

1984

*

Reservations and declarations, see below.

A

This State has accepted the obligations of Parts II to IV of the Convention.

B

This State has accepted the obligations of Part III of the Convention.

C

This State has accepted the obligations of Parts II and III of the Convention.

D

This State has accepted the obligations of Part IV of the Convention.

Reservations and declarations

Austria

Under s. 39, para. 1 (b), civil servants are excluded from the application of the Convention.

Barbados

Pursuant to Art. 4 of the Convention, the Government declares that it reserves the benefit of the temporary derogation, provided for in par. 2 of the art. 13, until adequate remedial measures have been taken.

Bolivia

Under s. 4, para. 1, of the Convention, the Government reserves the benefit of the temporary derogations in Art. 9, para. 2, art. 13, para. 2, art. 16, para. 2, and art. 22, para. 2. The Government declares that it also applies the temporary exclusion provided for in s. 38, para. 1, of the Convention.

Ecuador

Under s. 4, para. 1, of the Convention, the Government reserves the benefit of the temporary derogations in Art. 9, para. 2, art. 13, para. 2, art. 16, para. 2, and art. 22, para. 2. Under s. 38, para. 1, of the Convention, the Government declares that employees in the agricultural sector are temporarily excluded from the application of the Convention.

Venezuela

Under s. 4, para. 1, of the Convention, the Government reserves the benefit of the temporary derogations in Art. 9, para. 2, art. 13, para. 2, art. 16, para. 2, and art. 22, para. 2. Under s. 38, para. 1, of the Convention, the Government declares that employees in the agricultural sector are temporarily excluded from the application of the Convention.


RO 1978 1493; FF 1976 III 1345


1 Art. 1 al. 1 AF of June 23, 1977 (RO 1978 1491)
2 A version of the updated scope of application is published on the DFAE website (www.eda.admin.ch/eda/f/home/foreign/intagr/dabase.html).


Status on 25 July 2006