BENEFIT TO BE PROVIDED

VI. BENEFIT TO BE PROVIDED

Article 16

Article 13

Notwithstanding the provisions of Article 15, Benefits provided in the form of periodical

the benefit provided beyond the initial period payments to the unemployed may be related to

specified in Article 19, paragraph 2 (a), as well the methods of protection.

as benefits paid by a Member in accordance

Article 14

with Article 12, paragraph 2, may be fixed after taking account of other resources, beyond a

In cases of full unemployment, benefits shall

be provided in the form of periodical payments prescribed limit, available to the beneficiary and his or her family, in accordance with a

calculated in such a way as to provide the beneficiary with partial and transitional wage

prescribed scale. In any case, these benefits, replacement and, at the same time, to avoid

in combination with any other benefits to which creating disincentives either to work or to

they may be entitled, shall guarantee them employment creation.

healthy and reasonable living conditions in accordance with national standards.

Article 15

Article 17

1. In cases of full unemployment and suspension of earnings due to a temporary

1. Where the legislation of a Member makes the right to unemployment benefit conditional

upon the completion of a qualifying period, this contingency is covered, benefits shall be

suspension of work without any break in the employment

period shall not exceed the length deemed provided in the form of periodical payments,

necessary to prevent abuse. calculated as follows:

2. Each Member shall endeavour to adapt the (a) where these benefits are based on the

period to the occupational contributions of or on behalf of the person

qualifying

circumstances of seasonal workers. protected or on previous earnings, they

Article 18

shall be fixed at not less than 50 per cent

1. If the legislation of a Member provides that of previous earnings, it being permitted to

the payment of benefit in cases of full fix a maximum for the amount of the

unemployment should begin only after the benefit or for the earnings to be taken into

expiry of a waiting period, such period shall not account, which may be related, for

exceed seven days. example, to the wage of a skilled manual

Building social protection systems

2. Where a declaration made in virtue of refused, withdrawn, suspended or reduced to Article 5 is in force, the length of the waiting

the extent prescribed- period shall not exceed ten days.

(a) for as long as the person concerned is

3. In the case of seasonal workers the waiting absent from the territory of the Member; period specified in paragraph 1 above may be

(b) when it has been determined by the adapted to their occupational circumstances.

competent authority that the person

Article 19

concerned had deliberately contributed to his or her own dismissal;

1. The benefits provided in cases of full unemployment and suspension of earnings due

(c) when it has been determined by the to a temporary suspension of work without any

competent authority that the person break in the employment relationship shall be

concerned has left employment voluntarily paid throughout these contingencies.

without just cause;

2. Nevertheless, in the case of full (d) during the period of a labour dispute, when unemployment:

the person concerned has stopped work to take part in a labour dispute or when he or

(a) the initial duration of payment of the she is prevented from working as a direct benefit provided for in Article 15 may be

result of a stoppage of work due to this limited to 26 weeks in each spell of

labour dispute; unemployment, or to 39 weeks over any

period of 24 months; (e) when the person concerned has attempted to obtain or has obtained benefits

(b) in the event of unemployment continuing

fraudulently;

beyond this initial period of benefit, the duration of payment of benefit, which may

(f) when the person concerned has failed

be calculated in the light of the resources without just cause to use the facilities of the beneficiary and his or her family in

for placement, vocational accordance with the provisions of Article

available

guidance,

training, retraining or

16, may be limited to a prescribed period. redeployment in suitable work;

3. If the legislation of a Member provides that (g) as long as the person concerned is in the initial duration of payment of the benefit

receipt of another income maintenance provided for in Article 15 shall vary with the

benefit provided for in the legislation of the length of the qualifying period, the average

Member concerned, except a family duration fixed for the payment of benefits shall

benefit, provided that the part of the

be at least 26 weeks. benefit which is suspended does not exceed that other benefit.

4. Where a declaration made in virtue of Article 5 is in force, the duration of payment of

Article 21

benefit may be limited to 13 weeks over any

1. The benefit to which a protected person periods of 12 months or to an average of 13

would have been entitled in the case of full weeks if the legislation provides that the initial

unemployment may be refused, withdrawn, duration of payment shall vary with the length

suspended or reduced, to the extent of the qualifying period.

prescribed, when the person concerned refuses

5. In the cases envisaged in paragraph 2 (b) to accept suitable employment. above each Member shall endeavour to grant

2. In assessing the suitability of employment, appropriate additional assistance to the

account shall be taken, in particular, under persons concerned with a view to permitting

prescribed conditions and to an appropriate them to find productive and freely chosen

extent, of the age of unemployed persons, their employment, having recourse in particular to

length of service in their former occupation, the measures specified in Part II.

their acquired experience, the length of their

6. The duration of payment of benefit to period of unemployment, the labour market seasonal workers may be adapted to their

situation, the impact of the employment in occupational circumstances, without prejudice

question on their personal and family situation to the provisions of paragraph 2 (b) above.

and whether the employment is vacant as a direct result of a stoppage of work due to an on-

Article 20

going labour dispute. The benefit to which a protected person would have been entitled in the cases of full or partial

Article 22

unemployment or suspension of earnings due When protected persons have received directly to a temporary suspension of work without any

from their employer or from any other source break in the employment relationship may be

under national laws or regulations or collective

International standards and human rights instruments

agreements, severance pay, the principal workers, unless their hours of work or earnings purpose of which is to contribute towards

be considered, under prescribed compensating them for the loss of earnings

can

conditions, as negligible. suffered in the event of full unemployment-

2. Where a declaration made in virtue of (a) the unemployment benefit to which the

Article 5 is in force, the implementation of persons concerned would be entitled may

paragraph 1 above may be deferred.

be suspended for a period corresponding to that during which the severance pay

VII. SPECIAL PROVISIONS FOR NEW

compensates for the loss of earnings

APPLICANTS FOR EMPLOYMENT

suffered; or

Article 26

(b) the severance pay may be reduced by an

1. Members shall take account of the fact amount corresponding to the value

that there are many categories of persons converted into a lump sum of the

seeking work who have never been, or have unemployment benefit to which the

ceased to be, recognised as unemployed or persons concerned are entitled for a period

have never been, or have ceased to be, covered corresponding to that during which the

by schemes for the protection of the severance pay compensates for the loss of

unemployed. Consequently, at least three of earnings suffered,

the following ten categories of persons seeking as each Member may decide.

work shall receive social benefits, in accordance with prescribed terms and

Article 23

conditions:

1. Each Member whose legislation provides (a) young persons who have completed their for the right to medical care and makes it

vocational training; directly

(b) young persons who have completed their occupational activity shall endeavour to ensure,

or indirectly conditional

upon

studies;

under prescribed conditions, the provision of medical care to persons in receipt of

(c) young persons who have completed their compulsory military service;

unemployment benefit

dependants. (d) persons after a period devoted to bringing up a child or caring for someone who is

2. Where a declaration made in virtue of Article 5 is in force, the implementation of

sick, disabled or elderly; paragraph 1 above may be deferred.

(e) persons whose spouse had died, when they are not entitled to a survivor ’s benefit;

Article 24

(f) divorced or separated persons;

1. Each Member shall endeavour to guarantee (g) released prisoners; to persons in receipt of unemployment benefit,

under prescribed conditions, that the periods (h) adults, including disabled persons, who during which benefits are paid will be taken into

have completed a period of training; consideration:

(i) migrant workers on return to their home (a) for acquisition of the right to and, where

country, except in so far as they have appropriate, calculation of disability, old-

acquired rights under the legislation of the age and survivors

’ benefit, and country where they last worked; (b) for acquisition of the right to medical care

(j) previously self-employed persons. and sickness, maternity and family benefit

2. Each Member shall specify, in its reports after the end of unemployment,

under article 22 of the Constitution of the International

Labour Organisation, the when the legislation of the Member concerned

provides for such benefits and makes them categories of persons listed in paragraph 1 above which it undertakes to protect.

directly or indirectly conditional

upon

occupational activity.

3. Each Member shall endeavour to extend protection progressively to a greater number of

2. Where a declaration made in virtue of Article 5 is in force, the implementation of

categories than the number initially protected. paragraph 1 above may be deferred.

VIII. LEGAL, ADMINISTRATIVE AND Article 25

FINANCIAL GUARANTEES

1. Each Member shall ensure that statutory

Article 27

social security schemes which are based on

1. In the event of refusal, withdrawal, occupational activity are adjusted to the

suspension or reduction of benefit or dispute as occupational circumstances of part-time

to its amount, claimants shall have the right to

Building social protection systems

present a complaint to the body administering

Article 33

the benefit scheme and to appeal thereafter to

1. This Convention shall be binding only upon an independent body. They shall be informed

those Members of the International Labour in writing of the procedures available, which

Organisation whose ratifications have been shall be simple and rapid.

registered with the Director-General.

2. It shall come into force twelve months after claimant, in accordance with national law and

2. The appeal procedure shall enable the

the date on which the ratifications of two practice, to be represented or assisted by a

Members have been registered with the qualified person of the claimant ’s choice or by a

Director-General.

delegate of a representative workers ’ organisation or by a delegate of an organisation representative

3. Thereafter, this Convention shall come into of protected persons.

force for any Member twelve months after the date on which its ratification has been

Article 28

registered.

Each Member shall assume

general

Article 34

responsibility for the sound administration of the institutions and services entrusted with the

1. A Member which has ratified this Convention may denounce it after the

application of the Convention. expiration of ten years from the date on which

Article 29

the Convention first comes into force, by an act

1. When the administration is directly communicated to the Director-General of the entrusted to a government department

International Labour Office for registration. responsible to Parliament, representatives of

Such denunciation shall not take effect until the protected persons and of the employers

one year after the date on which it is registered. shall be associated in the administration in an

2. Each Member which has ratified this advisory capacity, under prescribed conditions.

Convention and which does not, within the year

2. When the administration is not entrusted following the expiration of the period of ten to a government department responsible to

years mentioned in the preceding paragraph, Parliament:

exercise the right of denunciation provided for in this Article, will be bound for another period

(a) representatives of the protected persons of ten years and, thereafter, may denounce this shall participate in the administration or be

Convention at the expiration of each period of associated therewith in an advisory

ten years under the terms provided for in this capacity under prescribed conditions;

Article.

(b) national laws or regulations may also provide for the participation of employers ’

Article 35

1. The Director-General of the International (c) the laws or regulations may further provide

representatives;

Labour Office shall notify all Members of the for the participation of representatives of

International Labour Organisation of the the public authorities.

registration

all ratifications and denunciations communicated to him by the

of

Article 30

Members of the Organisation. In cases where subsidies are granted by the

2. When notifying the members of the State or the social security system in order to

Organisation of the registration of the second safeguard employment, Members shall take the

ratification communicated to him, the Director- necessary steps to ensure that the payments

General shall draw the attention of the are expended only for the intended purpose and

Members of the Organisation to the date upon to prevent fraud or abuse by those who receive

which the Convention will come into force. such payments.

Article 36

Article 31

The Director-General of the International This Convention revises the Unemployment

Labour Office shall communicate to the Provision Convention, 1934.

Secretary-General of the United Nations for registration in accordance with Article 102 of

Article 32

the Charter of the United Nations full The formal ratifications of this Convention shall

particulars of all ratifications and acts of

be communicated to the Director-General of denunciation registered by him in accordance the International Labour Office for registration.

with the provisions of the preceding Articles.

International standards and human rights instruments

Article 37

of Article 34 above, if and when the new At such times as it may consider necessary the

revising Convention shall have come into Governing Body of the International Labour

force;

Office shall present to the General Conference (b) as from the date when the new revising

comes into force this shall examine the desirability of placing on the

a report on the working of this Convention and

Convention

Convention shall cease to be open to agenda of the Conference the question of its

ratification by the Members. revision in whole or in part.

2. This Convention shall in any case remain

Article 38

in force in its actual form and content for those Members which have ratified it but have not

1. Should the Conference adopt a new ratified the revising Convention. Convention revising this Convention in whole or

in part, then, unless the new Convention

Article 39

otherwise provides- The English and French versions of the text of (a) the ratification by a Member of the new

this Convention are equally authoritative. revising Convention shall ipso jure involve the immediate denunciation of this Convention, notwithstanding the provisions

C183 – Maternity Protection Convention, 2000 Preamble

Taking into account the circumstances of The General Conference of the International

women workers and the need to provide Labour Organization,

protection for pregnancy, which are the shared Having been convened at Geneva by the

responsibility of government and society, and Governing Body of the International Labour

Having decided upon the adoption of certain Office, and having met in its 88th Session on

proposals with regard to the revision of the

30 May 2000, and Maternity Protection Convention (Revised), Noting the need to revise the Maternity

1952, and Recommendation, 1952, which is Protection Convention (Revised), 1952, and

the fourth item on the agenda of the session, the Maternity Protection Recommendation,

and

1952, in order to further promote equality of Having determined that these proposals shall all women in the workforce and the health and

take the form of an international Convention; safety of the mother and child, and in order to

adopts this fifteenth day of June of the year two recognize the diversity in economic and social

thousand the following Convention, which may development of Members, as well as the

be cited as the Maternity Protection Convention, diversity of enterprises, and the development of

the protection of maternity in national law and practice, and

SCOPE

Noting the provisions of the Universal

Article 1

Declaration of Human Rights (1948), the United For the purposes of this Convention, the term Nations Convention on the Elimination of All

woman applies to any female person without Forms of Discrimination Against Women (1979),

discrimination whatsoever and the term child the United Nations Convention on the Rights of

applies to any child without discrimination the Child (1989), the Beijing Declaration and

whatsoever.

Platform for Action (1995), the International Labour Organization ’s Declaration on Equality of

Article 2

Opportunity and Treatment for Women Workers

1. This Convention applies to all employed (1975), the International Labour Organization ’s

women, including those in atypical forms of Declaration on Fundamental Principles and

dependent work.

Rights at Work and its Follow-up (1998), as well

2. However, each Member which ratifies this as the international labour Conventions and

may, after consulting the Recommendations aimed at ensuring equality of

Convention

representative organizations of employers and opportunity and treatment for men and women

workers concerned, exclude wholly or partly workers, in particular the Convention concerning

from the scope of the Convention limited Workers with Family Responsibilities, 1981, and

categories of workers when its application to

Building social protection systems

them would raise special problems of a

LEAVE IN CASE OF ILLNESS OR

substantial nature.

COMPLICATIONS

3. Each Member which avails itself of the

Article 5

possibility afforded in the preceding paragraph On production of a medical certificate, leave shall, in its first report on the application of the

shall be provided before or after the maternity Convention under article 22 of the Constitution

leave period in the case of illness, of the International Labour Organization, list

complications or risk of complications arising the categories of workers thus excluded and the

out of pregnancy or childbirth. The nature and reasons for their exclusion. In its subsequent

the maximum duration of such leave may be reports, the Member shall describe the

specified in accordance with national law and measures taken with a view to progressively

practice.

extending the provisions of the Convention to these categories.

BENEFITS HEALTH PROTECTION

Article 6

Article 3

1. Cash benefits shall be provided, in accordance with national laws and regulations,

Each Member shall, after consulting the or in any other manner consistent with national representative organizations of employers and

practice, to women who are absent from work workers, adopt appropriate measures to ensure

on leave referred to in Articles 4 or 5. that pregnant or breastfeeding women are not

obliged to perform work which has been

2. Cash benefits shall be at a level which determined by the competent authority to be

ensures that the woman can maintain herself prejudicial to the health of the mother or the

and her child in proper conditions of health and child, or where an assessment has established

with a suitable standard of living.

3. Where, under national law or practice, of her child.

a significant risk to the mother ’s health or that

cash benefits paid with respect to leave referred to in Article 4 are based on previous

MATERNITY LEAVE

earnings, the amount of such benefits shall not

Article 4

be less than two-thirds of the woman ’s previous

1. On production of a medical certificate or earnings or of such of those earnings as are other appropriate certification, as determined

taken into account for the purpose of by national law and practice, stating the

computing benefits. presumed date of childbirth, a woman to whom

4. Where, under national law or practice, this Convention applies shall be entitled to a

other methods are used to determine the cash period of maternity leave of not less than 14

benefits paid with respect to leave referred to weeks.

in Article 4, the amount of such benefits shall

be comparable to the amount resulting on to above shall be specified by each Member in

2. The length of the period of leave referred

average from the application of the preceding

a declaration accompanying its ratification of

paragraph.

this Convention.

5. Each Member shall ensure that the

3. Each Member may subsequently deposit conditions to qualify for cash benefits can be with the Director-General of the International

satisfied by a large majority of the women to Labour Office a further declaration extending

whom this Convention applies. the period of maternity leave.

6. Where a woman does not meet the

4. With due regard to the protection of the conditions to qualify for cash benefits under health of the mother and that of the child,

national laws and regulations or in any other maternity leave shall include a period of six

manner consistent with national practice, she weeks

’ compulsory leave after childbirth, shall be entitled to adequate benefits out of unless otherwise agreed at the national level by

social assistance funds, subject to the means the government and the representative

test required for such assistance. organizations of employers and workers.

7. Medical benefits shall be provided for the

5. The prenatal portion of maternity leave woman and her child in accordance with shall be extended by any period elapsing

national laws and regulations or in any other between the presumed date of childbirth and

manner consistent with national practice. the actual date of childbirth, without reduction

Medical benefits shall include prenatal, in any compulsory portion of postnatal leave.

childbirth and postnatal care, as well as hospitalization care when necessary.

International standards and human rights instruments

8. In order to protect the situation of women

Article 9

in the labour market, benefits in respect of the

1. Each Member shall adopt appropriate leave referred to in Articles 4 and 5 shall be

measures to ensure that maternity does not provided through compulsory social insurance

constitute a source of discrimination in or public funds, or in a manner determined by

employment, including – notwithstanding national law and practice. An employer shall

Article 2, paragraph 1 – access to employment. not be individually liable for the direct cost of

2. Measures referred to in the preceding any such monetary benefit to a woman

employed by him or her without that employer ’s paragraph shall include a prohibition from requiring a test for pregnancy or a certificate of

specific agreement except where: such a test when a woman is applying for (a) such is provided for in national law or

employment, except where required by national practice in a member State prior to the

laws or regulations in respect of work that is: date of adoption of this Convention by the

International Labour Conference; or (a) prohibited or restricted for pregnant or nursing women under national laws or

(b) it is subsequently agreed at the national regulations; or level by the government and the

representative organizations of employers (b) where there is a recognized or significant and workers.

risk to the health of the woman and child.