Key Benefits:
Original text
(State on 18 April 2013)
The General Conference of the International Labour Organization,
Convened in Geneva by the Governing Council of the International Labour Office, meeting on 4 June 1952, at its thirty-fifth session,
After deciding to adopt various proposals relating to the minimum standard of social security, which is included in the fifth item on the agenda of the session,
After deciding that these proposals would take the form of an international convention,
Adopts, on this twenty-eighth day of June, nine hundred and fifty-two hundred and fifty-two the following convention, which will be called the Convention on Social Security (Minimum Standard), 1952:
For the purposes of this Agreement:
2. For the purposes of s. 10, 34 and 49, the term "benefits" means either care provided directly or indirect benefits consisting of a reimbursement of the costs incurred by the person concerned.
Any Member for which this Convention is in force shall:
1. A Member whose economy and medical resources have not attained sufficient development may, if the competent authority so desires and as long as it deems it necessary, to reserve the benefit, by a declaration annexed to its Ratification, temporary derogations contained in the following articles: 9 (d); 12 (2); 15 (d); 18 (2); 21 (c); 27 (d); 33 (b); 34 (3); 41 (d); 48 (c); 55 (d) and 61 (d).
2. Any Member who has made a declaration in accordance with s. 1 of this section shall, in the annual report on the application of this Agreement that it is required to submit under s. 22 of the Constitution of the International Labour Organization 1 , to make known about each of the derogations from which it has reserved the benefit:
1. Any Member which has ratified this Convention may subsequently notify the Director General of the International Labour Office that it accepts the obligations under the Convention in respect of one of the Parties to X who do not Already specified in its ratification, or several of them.
2. The commitments set out in s. 1 of this Article shall be deemed to be an integral part of the ratification and shall bear identical effects as from the date of their notification.
Where, for the purposes of applying any of Parts II to X of this Convention subject to its ratification, a Member shall be required to protect prescribed classes of persons forming a total of at least a specified percentage of the Employees or residents, this Member shall ensure, before committing to apply the said Party, that the percentage in question is reached.
In order to apply Parts II, III, IV, V, VIII (as regards medical care), IX or X of this Convention, a Member may take into account the protection resulting from insurance which, under national law, is not Mandatory for protected persons, when such insurance:
Any Member for which this Part of the Convention is in force shall guarantee the allocation of benefits to protected persons where their condition requires preventive or curative medical care, in accordance with the Articles Hereinafter referred to the said Party.
The possibility covered must include any morbid conditions, regardless of cause, pregnancy, delivery and follow-up.
Protected persons must include:
1. Benefits must include at least:
2. The beneficiary or his/her family support may be required to participate in the costs of medical care received in the event of a morbid condition; the rules on such participation shall be established in such a way that they do not cause too much burden Heavy.
3. The benefits provided in accordance with this Article shall aim to preserve, restore or improve the health of the protected person, as well as his ability to work and to cope with his or her personal needs.
4. Government departments or institutions awarding benefits shall encourage protected persons, by all means which may be considered appropriate, to use the general health services available to them By public authorities or by other bodies recognised by the public authorities.
The benefits referred to in s. 10 must, in the event covered, be guaranteed at least to protected persons who have performed or whose family support has completed an internship that can be considered necessary to prevent abuse.
1. The benefits referred to in s. 10 must be granted for the duration of the contingency, with this exception that in the case of a morbid condition, the duration of the benefits may be limited to 26 weeks per case; however, medical benefits may not be suspended As long as a sickness benefit is paid and provisions must be made to raise the above limit for diseases provided for under national legislation for which it is recognised that long-term care is Necessary.
2. Where a declaration has been made pursuant to s. 3, the duration of benefits may be limited to 13 weeks per case.
Any Member for which this Part of the Convention is in force shall guarantee to protected persons the award of sickness benefits in accordance with the following articles of the said Party.
The possibility covered must include the incapacity for work resulting from a morbid condition and resulting in the suspension of the gain as defined by the national legislation.
Protected persons must include:
1. Where the categories of employees or categories of the labour force are protected, the benefit will be a periodic payment calculated in accordance with the provisions of Art. 65, or art. 66.
2. Where all residents whose resources during the event do not exceed prescribed limits are protected, the benefit will be a periodic payment calculated in accordance with the provisions of s. 67.
The benefit referred to in s. 16 must, in the event covered, be guaranteed at least to protected persons who have completed an internship that can be considered necessary to prevent abuse.
1. The benefit referred to in s. 16 shall be granted for the duration of the contingency, provided that the duration of the benefit may be limited to 26 weeks per illness, with the possibility of not serving the benefit for the first three days of suspension The gain.
2. Where a declaration has been made pursuant to s. 3, the duration of the benefit may be limited:
Any Member for which this Part of the Convention is in force shall guarantee protected persons the assignment of unemployment benefits in accordance with the following Articles of the said Party.
The possibility covered must include the suspension of the gain-as defined by the national legislation-due to the impossibility of obtaining suitable employment in the case of a protected person who is capable of working and available For the job.
Protected persons must include:
1. Where categories of employees are protected, the benefit will be a periodic payment calculated in accordance with the provisions of Art. 65, or art. 66.
2. Where all residents whose resources during the event do not exceed prescribed limits are protected, the benefit will be a periodic payment calculated in accordance with the provisions of s. 67.
The benefit referred to in s. 22 must, in the event covered, be guaranteed at least to protected persons who have completed an internship that can be considered necessary to prevent abuse.
1. The benefit referred to in s. 22 must be granted for the duration of the contingency, with this exception that the duration of the benefit may be limited:
2. In the event that the duration of the benefit is staggered, according to the national legislation, according to the duration of the contribution or the benefits previously received within a prescribed period, the provisions of para. (a) para. 1 will be deemed satisfied if the average duration of the benefit is at least 13 weeks over a 12-month period.
3. The benefit may not be paid during a waiting period fixed for the first seven days in each case of suspension of the gain, counting the days of unemployment before and after a temporary employment not exceeding a prescribed period of time as Part of the same case of suspension of the gain.
4. In the case of seasonal workers, the duration of the benefit and the waiting period may be adapted to the conditions of employment.
Any Member for which this Part of the Convention is in force shall guarantee to protected persons the provision of old-age benefits in accordance with the following Articles of the said Party.
1. The possibility of coverage will survive beyond a prescribed age.
2. The prescribed age shall not exceed sixty-five years. However, a higher age may be set by the competent authorities, having regard to the working capacity of the elderly in the country in question.
3. National legislation may suspend benefits if the person who would have been entitled to it has certain prescribed paid activities, or may reduce contributory benefits where the beneficiary's gain exceeds a prescribed amount, And non-contributory benefits when the beneficiary's gain or other resources, or both together, exceed a prescribed amount.
Protected persons must include:
The benefit will be a periodic payment calculated as follows:
1. The benefit referred to in s. 28 shall, in the event covered, be guaranteed at least:
2. Where the assignment of the benefit referred to in s. 1 is subject to the completion of a minimum period of contribution or employment, a reduced benefit must be guaranteed at least:
3. The provisions of s. 1 of this Article shall be deemed to be satisfied where a benefit calculated in accordance with Part XI, but by a percentage less than 10 units to that indicated in the table annexed to that Party for the Benefit-type, is at least guaranteed to any protected person who has completed, according to prescribed rules, 10 years of assessment or employment, or 5 years of residence.
4. A proportional reduction in the percentage indicated in the table annexed to Part XI may be made where the traineeship for the benefit which corresponds to the reduced percentage is more than 10 years of contribution or employment, but less than 30 Years of assessment or employment. When the said traineeship is more than 15 years old, a reduced benefit will be allocated in accordance with the par. 2 of this article.
5. Where the assignment of the benefit referred to in s. 1, 3 or 4 of this Article is subject to the completion of a minimum period of assessment or employment, a reduced benefit must be guaranteed, under the prescribed conditions, to a protected person who, by reason only of the advanced age Attained when the provisions allowing the application of this Part of the Convention have been brought into force, have not been able to fulfil the conditions prescribed in accordance with paragraph 1. 2 of this section, unless a benefit complies with the provisions of s. 1, 3 or 4 of this Article shall be allocated to such a person at a higher age than the normal age.
The benefits referred to in s. 28 and 29 must be granted for the duration of the contingency.
Any Member for which this Part of the Convention is in force shall guarantee to protected persons the award of benefits in the event of accidents at work and occupational diseases, in accordance with the following articles of the said Convention. Party.
The contingencies covered must include the following when they are due to prescribed occupational accidents or occupational diseases:
Protected persons must include:
1. In the case of a morbid condition, benefits must include the medical care referred to in subs. 2 and 3 of this article.
2. Medical care must include:
3. Where a declaration has been made pursuant to s. 3, medical care must include at least:
4. The medical care provided in accordance with the preceding paragraphs shall aim to preserve, restore or improve the health of the protected person, as well as his or her ability to work and to cope with his or her personal needs.
1. Government departments or institutions responsible for the administration of medical care must cooperate, where appropriate, with the general services for vocational rehabilitation, with a view to adapting them to appropriate work Impaired capacity.
2. National legislation may allow the said departments or institutions to take measures for the vocational rehabilitation of persons of reduced capacity.
1. With respect to incapacity for work, or the total loss of earning capacity where it is likely that this loss will be permanent, or the corresponding decrease in physical integrity, or the death of family support, the benefit will be Periodic payment calculated in accordance with the provisions of s. 65, or art. 66.
2. In the case of a partial loss of earning capacity where it is likely that the loss will be permanent, or in the event of a corresponding decrease in physical integrity, the benefit, when due, will be a periodic payment fixed to a Appropriate proportion of that expected in the case of total loss of earning capacity or a corresponding decrease in physical integrity.
3. Periodic payments may be converted into paidout capital at once:
The benefits referred to in s. 34 and 36 must, in the event covered, be guaranteed at least to protected persons who were employed as employees in the Member's territory at the time of the accident or at the time at which the illness was contracted and, if it is Periodic payments resulting from the death of family support, the widow and the children of the widow.
The benefits referred to in s. 34 and 36 must be granted for the duration of the event; however, with respect to incapacity for work, the benefit may not be served for the first three days in each case of suspension of the gain.
Any Member for which this Part of the Convention is in force shall guarantee to the protected persons the award of benefits to the families, in accordance with the following articles of that Party.
The eventuality will be the burden of children according to what will be prescribed.
Protected persons must include:
Benefits must include:
The benefits referred to in s. 42 must be guaranteed at least to a protected person who has completed an internship during a prescribed period that may consist of three months of assessment or employment, or in one year of residence as prescribed.
The total value of the benefits allocated pursuant to s. 42 to the protected persons shall be such that it represents:
Where benefits consist of a periodic payment, they must be granted for the duration of the contingency.
Any Member for which this Part of the Convention is in force shall ensure that the persons protected are granted maternity benefits in accordance with the following articles of the said Party.
The eventuality covered will be pregnancy, childbirth and their aftermath, and the resulting suspension of the resulting gain, as defined by national legislation.
Protected persons must include:
With regard to pregnancy, childbirth and their aftermath, maternity medical benefits must include the medical care referred to in s. 2 and 3 of this article.
2. Medical care must include at least:
3. The medical care referred to in s. 2 of this article should aim to preserve, restore or improve the health of the protected woman, as well as her ability to work and to cope with her personal needs.
4. Government departments or institutions attributing medical benefits in the event of maternity shall encourage protected women, by all means which may be considered appropriate, to use the general services of Health provided by public authorities or other bodies recognised by the public authorities.
With respect to the suspension of the gain resulting from pregnancy, childbirth and their suites, the benefit will be a periodic payment calculated in accordance with the provisions of s. 65, or art. 66. The amount of the periodic payment may vary during the event, provided that the average amount complies with the above provisions.
The benefits referred to in s. 49 and 50 must, in the event covered, be guaranteed at least to a woman belonging to the protected categories who has completed an internship which can be considered necessary to avoid abuse, the benefits referred to in s. 49 must also be guaranteed to the spouses of the men of the protected categories, when they have completed the traineeship.
The benefits referred to in s. 49 and 50 shall be granted for the duration of the contingency; however, periodic payments may be limited to twelve weeks, unless a longer period of forbearance from work is imposed or authorized by the National legislation, in which case payments may not be limited to a period of lesser duration.
Any Member for which this Part of the Convention is in force shall guarantee to protected persons the award of disability benefits in accordance with the following articles of the said Party.
The possibility will be the inability to carry on a professional activity, of a prescribed degree, where it is likely that this inability will be permanent or where it remains after the termination of the sickness benefit.
Protected persons must include:
The benefit will be a periodic payment calculated as follows:
1. The benefit referred to in s. 56 shall, in the event covered, be guaranteed at least:
2. Where the assignment of the benefit referred to in s. 1 is subject to the completion of a minimum period of contribution or employment, a reduced benefit must be guaranteed at least:
3. The provisions of s. 1 of this Article shall be deemed to be satisfied where a benefit calculated in accordance with Part XI, but by a percentage less than 10 units to that indicated in the table annexed to that Party for the Benefit-type, is at least guaranteed to any protected person who has completed, according to prescribed rules, 5 years of assessment, employment or residence.
4. A proportional reduction in the percentage indicated in the table annexed to Part XI may be made where the traineeship for the benefit which corresponds to the reduced percentage is more than 5 years of contribution or employment, but less than 15 Years of assessment or employment. A reduced benefit will be allocated in accordance with s. 2 of this article.
The benefits referred to in s. 56 and 57 must be granted for the duration of the contingency or until they are replaced by an old-age benefit.
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 articles hereof of that Party.
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; in the case of the widow, the right to benefit may be subject to the presumption, in accordance with the National legislation, which it is unable to provide for itself.
2. The national legislation may suspend the benefit if the person who would have been entitled to it has certain prescribed paid activities, or may reduce contributory benefits where the beneficiary's gain exceeds a prescribed amount, And non-contributory benefits when the beneficiary's gain or other resources, or both together, exceed a prescribed amount.
Protected persons must include:
The benefit will be a periodic payment calculated as follows:
1. The benefit referred to in s. 62 shall, in the event covered, be guaranteed at least:
2. Where the assignment of the benefit referred to in s. 1 is subject to the completion of a minimum period of contribution or employment, a reduced benefit must be guaranteed at least:
3. The provisions of s. 1 of this Article shall be deemed to be satisfied where a benefit calculated in accordance with Part XI, but by a percentage less than 10 units to that indicated in the table annexed to that Party for the Benefit-type, is at least guaranteed to any protected person whose family support has performed, according to prescribed rules, 5 years of assessment, employment or residence.
4. A proportional reduction in the percentage indicated in the table annexed to Part XI may be made where the traineeship for the benefit which corresponds to the reduced percentage is more than 5 years of contribution or employment, but less than 15 Years of assessment or employment. A reduced benefit will be allocated in accordance with s. 2 of this article.
5. In order for a widow without an alleged child incapable of providing for his or her own needs to be entitled to a survivor benefit, a minimum period of marriage may be prescribed.
The benefits referred to in s. 62 and 63 must be granted for the duration of the contingency.
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 This Party shall be 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 benefit-type.
2. The prior gain of the beneficiary or his/her family support will be calculated in accordance with prescribed rules and, where the protected persons or their breadwinners are divided into classes following their earnings, the prior gain may be 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 the benefit, provided that this maximum is fixed in such a way that the provisions of subs. 1 of this section is completed when the previous gain of the beneficiary or his or her family support is less than or equal to the salary of a qualified male worker.
4. The previous gain of the beneficiary or his/her family support, the skilled male worker's salary, the benefit and the family allowances will be calculated on the same basis.
5. For other beneficiaries, the benefit will be fixed in such a way that it is in a reasonable relationship with that of the benefit-type.
6. For the purposes of this section, a qualified male worker shall be:
7. The skilled worker type 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 of breadwinners of protected persons, in the branch which occupies the most Many of these protected persons or breadwinners will use the standard international classification, by industry, of all branches of economic activity, adopted by the Economic and Social Council The United Nations at its seventh session, on 27 August 1948, which is reproduced in the annex to the Agreement, taking into account any changes that 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 skilled 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 Custom, including expensive living allowances, if any; where the salaries so determined differ from one region to another and the subs. 8 of this section is not applied, the median salary will be taken.
10. The amounts of the periodic payments in progress allocated for old age, for accidents at work and occupational diseases (with the exception of those covering incapacity for work), for invalidity and for the death of Family will be targeted as a result of significant changes in the general level of earnings resulting from significant changes in the cost of living.
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 benefit and the family allowances will be calculated on the same base time.
3. For other beneficiaries, the benefit will be fixed in such a way that it is in a reasonable relationship with that of the benefit-type.
4. For the purposes of this section, the male ordinary manoeuvring shall be:
5. The type 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 of breadwinners of protected persons, in the branch which occupies the most Many of these protected persons or breadwinners will use the standard international classification, by industry, of all branches of economic activity, adopted by the Economic and Social Council The United Nations at its seventh session, on 27 August 1948, which is reproduced in the annex to the Agreement, taking into account any changes that 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 subs. 6 of this section is not applied, the median salary will be taken.
8. The amounts of the periodic payments in progress allocated for old age, for accidents at work and occupational diseases (with the exception of those covering incapacity for work), for invalidity and for the death of Family will be targeted as a result of significant changes in the general level of earnings resulting from significant changes in the cost of living.
For any periodic payment to which this Article applies:
Table (annex to Part XI)
Periodic payments to recipients-types
| Party |
Optionally |
Beneficiary-type |
Percent |
| III |
Sickness |
Male with wife and 2 children |
45 |
| IV |
Unemployment |
Male with wife and 2 children |
45 |
| V |
Old Age |
Male with a pension age wife |
40 |
| VI |
Employment injuries and occupational diseases: |
||
|
Male with wife and 2 children |
50 |
|
|
Male with wife and 2 children |
50 |
|
|
Widow with 2 children |
40 |
|
| VIII |
Maternity |
Woman |
45 |
| IX |
Invalidity |
Male with wife and 2 children |
40 |
| X |
Survivors |
Widow with 2 children |
40 |
Residents who are not nationals must have the same rights as residents who are nationals. However, in respect of benefits or fractions of benefits financed exclusively or in a predominant way by public funds, and in respect of transitional arrangements, special provisions in respect of Non-nationals and nationals born outside the territory of the Member may be prescribed.
2. In the contributory social security systems whose protection applies to employees, protected persons who are nationals of another Member who has accepted the obligations arising from the corresponding Party of the Convention must Have, in respect of that Party, the same rights as nationals of the Member concerned. However, the application of this paragraph may be subject to the existence of a bilateral or multilateral agreement providing for reciprocity.
A benefit to which a protected person would have been entitled under any of Parts II to X of this Agreement may be suspended, to a extent that may be prescribed:
1. Any applicant must have the right to appeal in the event of refusal of the provision or dispute concerning the quality or quantity of the appeal.
2. Where, in the application of this Convention, the administration of medical care is entrusted to a government department responsible to a parliament, the right of appeal provided for in subs. 1 of this Article may be replaced by the right to have the competent authority examine any claim for refusal of medical care or the quality of medical care received.
3. Where applications are brought before courts specially established to deal with social security matters and in which protected persons are represented, the right of appeal may not be granted.
1. The cost of benefits granted under this Agreement and the administrative costs of these benefits must be jointly financed by way of contributions or taxes, or both jointly, according to To avoid the need for low-resource persons to bear too much burden and to take into account the economic circumstances of the Member and the categories of protected persons.
2. The total amount of insurance premiums paid to protected employees shall not exceed 50 % of the total resources allocated to the protection of employees, their wives and children. In determining whether this condition is fulfilled, all benefits granted by the Member under the Convention may be considered as a whole, with the exception of benefits to families and with the exception of benefits in Cases of accidents at work and occupational diseases, if they fall within a special branch.
3. The Member shall assume a general responsibility for the service of benefits awarded pursuant to this Agreement and shall take all necessary measures to achieve that purpose; he shall, if necessary, ensure that The necessary actuarial studies and calculations relating to the financial equilibrium shall be drawn up periodically and in any event prior to any modification of the benefits, the rate of insurance contributions or the taxes allocated to the coverage of the Contingencies.
1. Where the administration is not insured by an institution regulated by public authorities or by a government department responsible to a parliament, representatives of the protected persons must participate in the administration Or be associated with advisory powers under prescribed conditions; national legislation may also provide for the participation of representatives of employers and public authorities.
2. The Member shall assume a general responsibility for the proper administration of the institutions and services which contribute to the application of this Convention.
This Agreement shall not apply to:
This Agreement shall not be regarded as a revision of any of the existing Conventions.
Where this is so disposed of in a convention subsequently adopted by the Conference on one or more matters dealt with by this Convention, the provisions of this Convention which shall be specified in the Convention Shall cease to apply to any Member which has ratified it, from the date of its entry into force for the Member concerned.
1. Any Member ratifying this Convention undertakes to provide in the annual report that it is required to submit on the application of the Convention, in accordance with Art. 22 of the Constitution of the International Labour Organization 1 ;
Such evidence shall be provided in accordance with the suggestions made by the Governing Council of the International Labour Office, as far as possible, as far as possible in order to achieve greater uniformity in this regard.
2. Any Member ratifying this Convention shall address to the Director-General of the International Labour Office, at appropriate intervals, as determined by the Governing Council, reports on the status of its legislation and In respect of the provisions of each Part II to X of the Convention which have not already been specified in the ratification of the Member in question or in a subsequent notification under Art. 4.
1. This Convention shall not apply to seamen or seamen fishermen; provisions for the protection of seamen and fishermen have been adopted by the International Labour Conference in the Convention on the Social Security of Seafarers, 1946 1 , and in the Convention on the pensions of seafarers, 1946 2 .
2. A Member may exclude seafarers and seamen from the number, either employees or persons of the labour force, or residents, taken into account for the calculation of the percentage of employees or residents who are protected in Application of any of Parts II to X covered by the ratification.
The formal ratifications of this Convention shall be communicated to and registered by the Director General of the International Labour Office.
(1) This Convention shall only bind the Members of the International Labour Organization whose ratification has been registered by the Director General.
2. It shall enter into force twelve months after the ratifications of two Members have been registered by the Director General.
3. Thereafter, this Convention shall enter into force for each Member twelve months after the date on which its ratification has been registered.
Declarations which shall be communicated to the Director General of the International Labour Office, in accordance with paragraph 1. 2 of the art. 35 of the Constitution of the International Labour Organization 1 , will have to make known.
2. The commitments referred to in paras. (a) and (b) of s. 1 of this Article shall be deemed to be an integral part of the ratification and shall bear the same effects.
3. Any Member may renounce, through a new declaration, all or part of the reservations contained in its earlier declaration under paras. (b), (c) and (d) of s. 1 of this article.
4. Any Member may, during the periods during which this Convention may be denounced in accordance with the provisions of Art. 82, communicate to the Director General a new declaration modifying in any other respect the terms of any previous declaration and making known the situation in specified territories.
Declarations communicated to the Director General of the International Labour Office in accordance with paras. 4 and 5 of Art. 35 of the Constitution of the International Labour Organization 1 Shall indicate whether the provisions of the Convention or the Parties to which they refer will be applied in the territory with or without amendments; where the declaration indicates that the provisions of the Convention or some of its provisions Parties shall apply subject to modifications, it shall specify what those amendments are.
(2) The Member or interested Members or international authority may, by a subsequent declaration, waive all or part of the right to invoke an amendment indicated in an earlier declaration.
3. The Member or interested Members or international authority may, during the periods during which the Convention may be denounced in accordance with the provisions of Art. 82, communicate to the Director General a new declaration modifying in any other respect the terms of an earlier declaration and making known the situation with regard to the application of that Convention.
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 X, or several 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 Convention or any of its Parts II to X, or several of them, at the expiration of each ten-year period under the conditions laid down in this Article.
The Director-General of the International Labour Office shall notify all Members of the International Labour Organization of the registration of all ratifications, statements and denunciations communicated to it by Members of the International Labour Organization. The Organization.
2. By notifying the Members of the Organization of the registration of the second ratification which has been communicated to it, the Director General shall call the attention of the Members of the Organization on the date on which this Convention enters into force Vigor.
The Director General of the International Labour Office shall communicate to the Secretary-General of the United Nations, for the purposes of registration, in accordance with art. 102 of the United Nations Charter 1 , complete information about all ratifications, declarations and any denunciation that it has registered in accordance with the previous articles.
Whenever it deems it necessary, the Governing Council of the International Labour Office shall submit to the General Conference a report on the application of this Convention and consider whether it should be included in the agenda of the Conference the question of its total or partial revision.
1. In the event that the Conference adopts a new convention for the total or partial revision of this Convention, and unless the new Convention provides otherwise:
(2) This Convention shall in any case remain in force in its form and content for Members who have ratified it and which do not ratify the Convention for revision.
The English and French versions of the text of this Agreement are equally authentic.
List of Branches and Classes
| Branch 0. Agriculture, forestry, hunting and fishing: |
|
| 01. |
Agriculture and Livestock |
| 02. |
Forestry and Logging |
| 03. |
Hunting, trapping and restock of game |
| 04. |
Fishing |
| Branch 1. Extractive Industries: |
|
| 11. |
Coal Mining |
| 12. |
Mining of minerals |
| 13. |
Crude Oil and Natural Gas |
| 14. |
Extraction of the building stone, clay and sand |
| 19. |
Non-Metallic Mineral Extraction, not Elsewhere Classified |
| Branches 2-3. Manufacturing Industries: |
|
| 20. |
Food industries (excluding beverages) |
| 21. |
Beverage Industry |
| 22. |
Tobacco Industries |
| 23. |
Textile Industries |
| 24. |
Manufacture of footwear, articles of clothing and other articles made with textile materials |
| 25. |
Wood and cork industries (excluding furniture industry) |
| 26. |
Furniture and Furnishings Industries |
| 27. |
Paper and paper-making industries |
| 28. |
Printing, Publishing and Related Industries |
| 29. |
Leather and leather goods industries (excluding footwear) |
| 30. |
Rubber Industries |
| 31. |
Chemical and Chemical Industries |
| 32. |
Petroleum and Coal Products Industries |
| 33. |
Non-Metallic Mineral Product Industries (excluding Petroleum and Coal Products) |
| 34. |
Basic Metallurgical Industries |
| 35. |
Manufacturing of metallurgical products (excluding transport machinery and equipment) |
| 36. |
Construction of machines (excluding electric machines) |
| 37. |
Construction of electrical machinery, apparatus and supplies |
| 38. |
Construction of transportation equipment |
| 39. |
Miscellaneous Manufacturing Industries |
| Branch 4. Construction: |
|
| 40. |
Construction |
| 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 public and to businesses |
| 83. |
Recreation Services |
| 84. |
Personal Services |
| Branch 9. Poinappropriately designated activities: |
|
| 90. |
Poindesignate Activities |
| States Parties |
Ratification Statement of Succession (S) |
Entry into force |
||
| Albania |
January 18 |
2006 |
January 18 |
2007 |
| Germany |
21 February |
1958 |
21 February |
1959 |
| Austria |
4 November |
1969 |
4 November |
1970 |
| Barbados |
July 11 |
1972 |
July 11 |
1973 |
| Belgium |
26 November |
1959 |
26 November |
1960 |
| Bolivia * |
31 January |
1977 |
31 January |
1978 |
| Bosnia and Herzegovina |
2 June |
1993 S |
2 June |
1993 |
| Brazil |
15 June |
2009 |
15 June |
2010 |
| Bulgaria |
July 14 |
2008 |
July 14 |
2009 |
| Cyprus |
3 September |
1991 |
3 September |
1992 |
| Congo, Kinshasa |
3 April |
1987 |
3 April |
1988 |
| Costa Rica |
March 16 |
1972 |
March 16 |
1973 |
| Croatia |
8 October |
1991 S |
8 October |
1991 |
| Denmark |
August 15 |
1955 |
August 15 |
1956 |
| Ecuador |
25 October |
1974 |
25 October |
1975 |
| Spain |
29 June |
1988 |
29 June |
1989 |
| France |
14 June |
1974 |
14 June |
1975 |
| Greece |
June 16 |
1955 |
June 16 |
1956 |
| Honduras |
1 Er November |
2012 |
1 Er November |
2013 |
| Ireland |
17 June |
1968 |
17 June |
1969 |
| Iceland |
20 February |
1961 |
20 February |
1962 |
| Israel |
16 December |
1955 |
16 December |
1956 |
| Italy |
8 June |
1956 |
8 June |
1957 |
| Japan |
2 February |
1976 |
2 February |
1977 |
| Libya |
19 June |
1975 |
19 June |
1976 |
| Luxembourg |
August 31 |
1964 |
August 31 |
1965 |
| Macedonia |
17 November |
1991 S |
17 November |
1991 |
| Mauritania |
July 15 |
1968 |
July 15 |
1969 |
| Mexico |
12 October |
1961 |
12 October |
1962 |
| Montenegro |
3 June |
2006 S |
3 June |
2006 |
| Niger |
August 9 |
1966 |
August 9 |
1967 |
| Norway |
September 30 |
1954 |
September 30 |
1955 |
| Netherlands |
11 October |
1962 |
11 October |
1963 |
| Peru |
August 23 |
1961 |
August 23 |
1962 |
| Poland |
3 December |
2003 |
3 December |
2004 |
| Portugal |
March 17 |
1994 |
March 17 |
1995 |
| Czech Republic |
1 Er January |
1993 S |
1 Er January |
1993 |
| United Kingdom |
April 27 |
1954 |
April 27 |
1955 |
| Isle of Man |
22 September |
1960 |
22 September |
1960 |
| Romania |
15 October |
2009 |
15 October |
2010 |
| Senegal |
22 October |
1962 |
22 October |
1963 |
| Serbia |
24 November |
2000 S |
20 December |
1955 |
| Slovakia |
1 Er January |
1993 S |
1 Er January |
1993 |
| Slovenia |
29 May |
1992 S |
29 May |
1992 |
| Sweden |
August 12 |
1953 |
April 27 |
1955 |
| Switzerland * |
18 October |
1977 |
18 October |
1978 |
| Turkey |
29 January |
1975 |
29 January |
1976 |
| Uruguay |
14 October |
2010 |
14 October |
2011 |
| Venezuela |
5 November |
1982 |
5 November |
1983 |
| * |
Reservations and declarations, see below. |
|||
Under s. 3, para. 1, of the Convention, the Government reserves the benefit of the temporary derogations contained in Art. 9 (d), 12 (2), 15 (d), 18 (2), 27 (d), 33 (b), 34 (3), 41 (d), 48 (c), 55 (d) and 61 (d).
Pursuant to Art. 2 (b) of the Convention, Switzerland has accepted the obligations of Parts V, VI, VII, IX and X.
1 Art. 1 al. 2 of June 23, 1977 (RO) 1978 1491).
2 This part is not applied by Switzerland (RO 1978 1491 art. 1 para. 2).
3 This part is not applied by Switzerland (RO 1978 1491 art. 1 para. 2).
4 This part is not applied by Switzerland (RO 1978 1491 art. 1 para. 2).
5 This part is not applied by Switzerland (RO 1978 1471 art. 1 para. 2).
6 RO 1978 1657, 1985 307, 1989 1480, 2002 2661, 2006 2983, 2010 4241, 2013 1299. A version of the updated scope of application is published on the DFAE website (www.dfae.admin.ch/traites).
7 Art. 1 al. 2 of June 23, 1977 (RO) 1978 1491).
