PART IV. UNEMPLOYMENT BENEFIT

Article 15 PART IV. UNEMPLOYMENT BENEFIT

The persons protected shall comprise:

Article 19

(a) prescribed classes

Each Member for which this Part of this constituting not less than 50 per cent. of

of

employees,

Convention is in force shall secure to the persons all employees; or

protected the provision of unemployment benefit (b) prescribed classes of the economically

in accordance with the following Articles of this active population, constituting not less

Part.

than 20 per cent. of all residents; or

Article 20

(c) all residents whose means during the The contingency covered shall include contingency

suspension of earnings, as defined by national prescribed in such a manner as to comply

laws or regulations, due to inability to obtain with the requirements of Article 67; or

suitable employment in the case of a person (d) where a declaration made in virtue of

protected who is capable of, and available for, Article 3 is in force, prescribed classes of

work.

employees, constituting not less than

50 per cent. of all employees in industrial

Article 21

workplaces employing 20 persons or more. The persons protected shall comprise: (a) prescribed

classes of employees,

Article 16

constituting not less than 50 per cent. of

1. Where classes of employees or classes of the all employees; or economically active population are protected,

(b) all residents whose means during the the benefit shall be a periodical payment

do not exceed limits calculated in such a manner as to comply either

contingency

prescribed in such a manner as to comply with the requirements of Article 65 or with the

with the requirements of Article 67; or requirements of Article 66. (c) where a declaration made in virtue of

2. Where all residents whose means during the Article 3 is in force, prescribed classes of contingency do not exceed prescribed limits are

employees, constituting not less than protected, the benefit shall be a periodical

50 per cent. of all employees in industrial payment calculated in such a manner as to

workplaces employing 20 persons or more. comply with the requirements of Article 67.

Article 22

Article 17

1. Where classes of employees are protected, the benefit shall be a periodical payment contingency covered, be secured at least to a

The benefit specified in Article 16 shall, in a

calculated in such manner as to comply either person protected who has completed such

with the requirements of Article 65 or with the qualifying period as may be considered

requirements of Article 66. necessary to preclude abuse.

2. Where all residents whose means during the contingency do not exceed prescribed limits are

Building social protection systems

protected, the benefit shall be a periodical

3. National laws or regulations may provide payment calculated in such a manner as to

that the benefit of a person otherwise entitled comply with the requirements of Article 67.

to it may be suspended if such person is engaged in any prescribed gainful activity or

Article 23

that the benefit, if contributory, may be The benefit specified in Article 22 shall, in a

reduced where the earnings of the beneficiary contingency covered, be secured at least to a

exceed a prescribed amount and, if non- person protected who has completed such

contributory, may be reduced where the qualifying period as may be considered

earnings of the beneficiary or his other means necessary to preclude abuse.

or the two taken together exceed a prescribed

Article 24

amount.

1. The benefit specified in Article 22 shall be

Article 27

granted throughout the contingency, except The persons protected shall comprise: that its duration may be limited:

(a) prescribed classes of employees, constituting (a) where classes of employees are protected,

not less than 50 per cent. of all employees; or to 13 weeks within a period of 12 months,

(b) prescribed classes of the economically or

active population, constituting not less (b) where all residents whose means during the

than 20 per cent. of all residents; or contingency do not exceed prescribed

(c) all residents whose means during the limits are protected, to 26 weeks within a

do not exceed limits period of 12 months.

contingency

prescribed in such a manner as to comply

2. Where national laws or regulations provide with the requirements of Article 67; or that the duration of the benefit shall vary with

(d) where a declaration made in virtue of the length of the contribution period and/or the

Article 3 is in force, prescribed classes of benefit previously received within a prescribed

employees, constituting not less than period, the provisions of subparagraph (a) of

50 per cent. of all employees in industrial paragraph 1 shall be deemed to be fulfilled if

workplaces employing 20 persons or more. the average duration of benefit is at least

13 weeks within a period of 12 months.

Article 28

3. The benefit need not be paid for a waiting The benefit shall be a periodical payment period of the first seven days in each case of

calculated as follows: suspension of earnings, counting days of

(a) where classes of employees or classes of unemployment before and after temporary

the economically active population are employment lasting not more than a prescribed

protected, in such a manner as to comply period as part of the same case of suspension

either with the requirements of Article 65 of earnings.

or with the requirements of Article 66;

4. In the case of seasonal workers the duration (b) where all residents whose means during the of the benefit and the waiting period may be

contingency do not exceed prescribed adapted to their conditions of employment.

limits are protected, in such a manner as

PART V. OLD-AGE BENEFIT

to comply with the requirements of Article 67.

Article 25

Each Member for which this Part of this

Article 29

Convention is in force shall secure to the

1. The benefit specified in Article 28 shall, in persons protected the provision of old-age

a contingency covered, be secured at least: benefit in accordance with the following

(a) to a person protected who has completed, Articles of this Part.

prior to the contingency, in accordance

Article 26

with prescribed rules, a qualifying period which may be 30 years of contribution or

1. The contingency covered shall be survival employment, or 20 years of residence; or beyond a prescribed age. (b) where, in principle, all economically active

2. The prescribed age shall be not more than persons are protected, to a person

65 years or such higher age as may be fixed by protected who has completed a prescribed the competent authority with due regard to the

qualifying period of contribution and in working ability of elderly persons in the country

respect of whom, while he was of working concerned.

age, the prescribed yearly average number of contributions has been paid.

International standards and human rights instruments

2. Where the benefit referred to in paragraph 1

PART VI. EMPLOYMENT INJURY BENEFIT

is conditional upon a minimum period of

Article 31

contribution or employment, a reduced benefit shall be secured at least:

Each Member for which this Part of this Convention is in force shall secure to the

(a) to a person protected who has completed, persons protected the provision of employment prior to the contingency, in accordance

injury benefit in accordance with the following with prescribed rules, a qualifying period of

Articles of this Part.

15 years of contribution or employment; or (b) where, in principle, all economically active

Article 32

persons are protected, to a person The contingencies covered shall include the protected who has completed a prescribed

following where due to accident or a prescribed qualifying period of contribution and in

disease resulting from employment: respect of whom, while he was of working

(a) a morbid condition; age, half the yearly average number of

(b) incapacity for work resulting from such a contributions prescribed in accordance

condition and involving suspension of with subparagraph (b) of paragraph 1 of

earnings, as defined by national laws or this Article has been paid.

regulations;

3. The requirements of paragraph 1 of this (c) total loss of earning capacity or partial loss Article shall be deemed to be satisfied where a

thereof in excess of a prescribed degree, benefit calculated in conformity with the

likely to be permanent, or corresponding requirements of Part XI but at a percentage of

loss of faculty; and ten points lower than shown in the Schedule

appended to that Part for the standard (d) the loss of support suffered by the widow beneficiary concerned is secured at least to a

or child as the result of the death of the person protected who has completed, in

breadwinner; in the case of a widow, the accordance with prescribed rules, ten years of

right to benefit may be made conditional contribution or employment, or five years of

on her being presumed, in accordance with residence.

national laws or regulations, to be incapable of self-support.

4. A proportional reduction of the percentage indicated in the Schedule appended to Part XI

Article 33

may be effected where the qualifying period for The persons protected shall comprise: the benefit corresponding to the reduced percentage exceeds ten years of contribution or

(a) prescribed

classes of employees, constituting not less than 50 per cent. of

employment but is less than 30 years of all employees, and, for benefit in respect contribution or employment; if such qualifying

of death of the breadwinner, also their period exceeds 15 years, a reduced benefit

wives and children; or shall be payable in conformity with paragraph 2

of this Article. (b) where a declaration made in virtue of Article 3 is in force, prescribed classes

5. Where the benefit referred to in paragraphs 1, of employees, constituting not less than 50

3 or 4 of this Article is conditional upon a per cent. of all employees in industrial minimum period of contribution or employment, a

workplaces employing 20 persons or more, reduced benefit shall be payable under prescribed

and, for benefit in respect of death of the conditions to a person protected who, by reason

only of his advanced age when the provisions breadwinner, also their wives and children. concerned in the application of this Part come

Article 34

into force, has not satisfied the conditions prescribed in accordance with paragraph 2 of this

1. In respect of a morbid condition, the benefit shall be medical care as specified in Article, unless a benefit in conformity with the

paragraphs 2 and 3 of this Article. provisions of paragraphs 1, 3 or 4 of this Article is

secured to such person at an age higher than the

2. The medical care shall comprise: normal age.

(a) general practitioner and specialist in-

patient

care

and out-patient care,

Article 30

including domiciliary visiting; The benefits specified in Articles 28 and 29

(b) dental care;

shall be granted throughout the contingency. (c) nursing care at home or in hospital or other medical institutions;

Building social protection systems

(d) maintenance in hospitals, convalescent

3. The periodical payment may be commuted homes, sanatoria

or other medical

for a lump sum:

institutions; (a) where the degree of incapacity is slight; or (e) dental, pharmaceutical and other medical

(b) where the competent authority is satisfied or surgical supplies, including prosthetic

that the lump sum will be properly utilised. appliances, kept in repair, and eyeglasses; and

Article 37

(f) the care furnished by members of such The benefit specified in Articles 34 and 36 other professions as may at any time be

shall, in a contingency covered, be secured at legally recognised as allied to the medical

least to a person protected who was employed profession, under the supervision of a

in the territory of the Member at the time of the medical or dental practitioner.

accident if the injury is due to accident or at

3. Where a declaration made in virtue of the time of contracting the disease if the injury Article 3 is in force, the medical care shall

is due to a disease and, for periodical payments include at least:

in respect of death of the breadwinner, to the (a) general

widow and children of such person. domiciliary visiting;

(b) specialist care at hospitals for in-patients The benefit specified in Articles 34 and 36 and out-patients, and such specialist care

shall be granted throughout the contingency, as may be available outside hospitals;

except that, in respect of incapacity for work, (c) the essential pharmaceutical supplies as

the benefit need not be paid for the first three prescribed by a medical or other qualified

days in each case of suspension of earnings. practitioner; and

PART VII. FAMILY BENEFIT

(d) hospitalisation where necessary.

Article 39

4. The medical care provided in accordance with the preceding paragraphs shall be

Each Member for which this Part of this afforded with a view to maintaining, restoring

Convention is in force shall secure to the or improving the health of the person protected

persons protected the provision of family and his ability to work and to attend to his

benefit in accordance with the following personal needs.

Articles of this Part.

Article 35

Article 40

1. The institutions or Government departments The contingency covered shall be responsibility administering the medical care shall co-operate,

for the maintenance of children as prescribed. wherever

appropriate, with

vocational rehabilitation services, with a view to the re-establishment of handicapped persons in

The persons protected shall comprise: suitable work.

(a) prescribed

classes of employees,

2. National laws or regulations may authorise constituting not less than 50 per cent. of all employees; or

such institutions or departments to ensure provision for the vocational rehabilitation of

(b) prescribed classes of the economically handicapped persons.

active population, constituting not less than 20 per cent. of all residents; or

Article 36

(c) all residents whose means during the

1. In respect of incapacity for work, total loss of contingency do not exceed prescribed earning capacity likely to be permanent or

limits; or

corresponding loss of faculty, or the death of the (d) where a declaration made in virtue of breadwinner, the benefit shall be a periodical

Article 3 is in force, prescribed classes of payment calculated in such a manner as to

employees, constituting not less than comply either with the requirements of Article

50 per cent. of all employees in industrial

65 or with the requirements of Article 66. workplaces employing 20 persons or more.

2. In case of partial loss of earning capacity likely to be permanent, or corresponding loss of

Article 42

faculty, the benefit, where payable, shall be a The benefit shall be: periodical payment representing a suitable

(a) a periodical payment granted to any person proportion of that specified for total loss of

protected having completed the prescribed earning capacity or corresponding loss of

qualifying period; or faculty.

International standards and human rights instruments

(b) the provision to or in respect of children, of (c) where a declaration made in virtue of food, clothing, housing, holidays or

Article 3 is in force, all women in domestic help; or

prescribed classes of employees, which (c) a combination of (a) and (b).

classes constitute not less than 50 per cent. of all employees in industrial

Article 43

workplaces employing 20 persons or more, The benefit specified in Article 42 shall be

and, for maternity medical benefit, also the secured at least to a person protected who,

wives of men in these classes. within a prescribed period, has completed a qualifying period which may be three months

Article 49

of contribution or employment, or one year of

1. In respect of pregnancy and confinement residence, as may be prescribed.

and their consequences, the maternity medical benefit shall be medical care as specified in

Article 44

paragraphs 2 and 3 of this Article. The total value of the benefits granted in

2. The medical care shall include at least: accordance with Article 42 to the persons

(a) pre-natal, confinement and post-natal care protected shall be such as to represent:

either by medical practitioners or by (a) 3 per cent. of the wage of an ordinary adult

qualified midwives; and male labourer, as determined in accordance

(b) hospitalisation where necessary. with the rules laid down in Article 66,

multiplied by the total number of children of

3. The medical care specified in paragraph 2 persons protected; or

of this Article shall be afforded with a view to maintaining, restoring or improving the health

(b) 1.5 per cent. of the said wage, multiplied of the woman protected and her ability to work by the total number of children of all

and to attend to her personal needs. residents.

4. The institutions or Government departments

Article 45

administering the maternity medical benefit Where the benefit consists of a periodical

shall, by such means as may be deemed payment, it shall be granted throughout the

appropriate, encourage the women protected to contingency.

avail themselves of the general health services placed at their disposal by the public authorities

PART VIII. MATERNITY BENEFIT

or by other bodies recognised by the public

Article 46

authorities.

Each Member for which this Part of this

Article 50

Convention is in force shall secure to the persons protected the provision of maternity

In respect of suspension of earnings resulting benefit in accordance with the following

from pregnancy and from confinement and their consequences, the benefit shall be a

Articles of this Part. periodical payment calculated in such a

Article 47

manner as to comply either with the The contingencies covered shall include

requirements of Article 65 or with the pregnancy

requirements of Article 66. The amount of consequences, and suspension of earnings, as

and confinement

and

their

the periodical payment may vary in the course defined by national laws or regulations,

of the contingency, subject to the average rate resulting therefrom.

thereof complying with these requirements.

Article 48

Article 51

The persons protected shall comprise: The benefit specified in Articles 49 and 50 shall, in a contingency covered, be secured at

(a) all women in prescribed classes of least to a woman in the classes protected who employees, which classes constitute not

has completed such qualifying period as may less than 50 per cent. of all employees

be considered necessary to preclude abuse, and, for maternity medical benefit, also the

and the benefit specified in Article 49 shall wives of men in these classes; or

also be secured to the wife of a man in the (b) all women in prescribed classes of the

classes protected where the latter has economically active population, which

completed such qualifying period. classes constitute not less than 20 per

cent. of all residents, and, for maternity

Article 52

medical benefit, also the wives of men in The benefit specified in Articles 49 and 50 these classes; or

shall be granted throughout the contingency,

Building social protection systems

except that the periodical payment may be (a) to a person protected who has completed, limited to 12 weeks, unless a longer period of

prior to the contingency, in accordance abstention from work is required or authorised

with prescribed rules, a qualifying period by national laws or regulations, in which event

which may be 15 years of contribution or it may not be limited to a period less than such

employment, or 10 years of residence; or longer period.

(b) where, in principle, all economically active

PART IX. INVALIDITY BENEFIT

persons are protected, to a person protected who has completed a qualifying period of

Article 53

three years of contribution and in respect of Each Member for which this Part of this

whom, while he was of working age, the Convention is in force shall secure to the

prescribed yearly average number of persons protected the provision of invalidity

contributions has been paid. benefit in accordance with the following Articles of this Part.

2. Where the benefit referred to in paragraph 1 is conditional upon a minimum period of

Article 54

contribution or employment, a reduced benefit shall be secured at least:

The contingency covered shall include inability to engage in any gainful activity, to an extent

(a) to a person protected who has completed, prescribed, which inability is likely to be

prior to the contingency, in accordance permanent or persists after the exhaustion of

with prescribed rules, a qualifying period of sickness benefit.

five years of contribution or employment; or (b) where, in principle, all economically active

Article 55

persons are protected, to a person The persons protected shall comprise:

protected who has completed a qualifying (a) prescribed

period of three years of contribution and in constituting not less than 50 per cent. of

respect of whom, while he was of working all employees; or

age, half the yearly average number of (b) prescribed classes of the economically

contributions prescribed in accordance active population, constituting not less

with subparagraph (b) of paragraph 1 of than 20 per cent. of all residents; or

this Article has been paid. (c) all residents whose means during the

3. The requirements of paragraph 1 of this contingency

Article shall be deemed to be satisfied where a prescribed in such a manner as to comply

benefit calculated in conformity with the with the requirements of Article 67; or

requirements of Part XI but at a percentage of ten points lower than shown in the Schedule

(d) where a declaration made in virtue of appended to that Part for the standard Article 3 is in force, prescribed classes of

beneficiary concerned is secured at least to a employees, constituting not less than

person protected who has completed, in

50 per cent. of all employees in industrial accordance with prescribed rules, five years of workplaces employing 20 persons or more.

contribution, employment or residence.

Article 56

4. A proportional reduction of the percentage The benefit shall be a periodical payment

indicated in the Schedule appended to Part XI calculated as follows:

may be effected where the qualifying period for (a) where classes of employees or classes of

the pension corresponding to the reduced the economically active population are

percentage exceeds five years of contribution or protected, in such a manner as to comply

employment but is less than 15 years of either with the requirements of Article 65

contribution or employment; a reduced pension or with the requirements of Article 66;

shall be payable in conformity with paragraph 2 of this Article.

(b) where all residents whose means during the contingency do not exceed prescribed

Article 58

limits are protected, in such a manner as The benefit specified in Articles 56 and 57 to comply with the requirements of

shall be granted throughout the contingency or Article 67.

until an old-age benefit becomes payable.