REGULATION OF UNDUE PLURALITY Article 25

V. REGULATION OF UNDUE PLURALITY Article 25

Provisions in the legislation of a Contracting Party for the reduction, suspension or suppression of benefits where there is undue plurality with other benefits or other income, or because the person otherwise entitled is in employment or in an occupational activity, shall apply also to a beneficiary even in respect of benefits acquired under the legislation of another Contracting Party or of income obtained or employment or occupational activity undertaken in the territory of another Contracting Party. However, in applying this rule no account shall be taken of benefits of the same nature awarded in respect of invalidity, old-age, survivors or occupational disease by the institutions of two or more contracting Parties in accordance with the provisions of Article 8 or Article 18, subparagraph (b).

Article 26

Where a person in receipt of benefit under the legislation of one Contracting Party is also entitled to benefit under the legislation of one or more of the other Contracting Parties, the following rules shall apply :

(a) where the application of the provisions of the legislation of two or more Contracting Parties would entail the concomitant reduction, suspension or suppression of such benefits, none of them may be reduced, suspended or suppressed to an extent greater that the amount which would

be obtained by dividing the sum affected by

the reduction,

suspension

or

suppression in accordance with the legislation under which benefit is due by the number of benefits subject to reduction, suspension or suppression to which the beneficiary is entitled;

(b) notwithstanding the foregoing, where the benefits concerned are invalidity, old-age or survivors ’ benefits paid in conformity with the provisions of Article 8 by the institution of a Contracting Party, that institution shall take account of the

benefits, income or remuneration entailing the reduction, suspension or suppression of the benefits due from it solely for the purposes of the reduction, suspension or suppression of the benefits due from it solely for the purposes of the reduction, suspension or suppression of the amount referred to in paragraph 2 or paragraph 5 of Article 8, but not for the calculation of the theoretical amount referred to in paragraphs 3 and 4 of the said Article 8; however, account shall be taken o of such benefits, income or remuneration only to the extent of that fraction of their amount corresponding to the ratio of the periods completed, as prescribed in Article 8, paragraph 5.

Article 27

Where a person has a claim to medical care or sickness benefit under the legislation of two or more Contracting Parties, such benefit may be provided solely under the legislation of the Party in the territory of which he resides or, if

he does not reside in the territory of one of those Parties, solely under the legislation of the Party to which this person or the person through whom entitlement to the said benefits arises was last subject.

Article 28

Where a person has a claim to maternity benefit under the legislation of two or more Contracting Parties, such benefit may be provided solely under the legislation of the Party in the territory of which the birth took place or, if the birth did not take place in the territory of one of those Parties, solely under the legislation of the Party to which this person or the person through whom entitlement to the said benefits arises was last subject.

Article 29

1. Where death occurs in the territory of a Contracting Party, the right to a death grant acquired under the legislation of that Party may

be alone recognised, to the exclusion of any right acquired under the legislation of any other Contracting Party.

2. Where death occurs in the territory of a Contracting Party and the right to a death grant has been acquired solely under the legislation of two or more other Contracting Parties, the right acquired under the legislation of the Contracting Party to which the deceased was last subject may be alone recognised, to the exclusion of any right acquired under the legislation of any other Contracting Party.

Building social protection systems

3. Where death occurs outside the territory of contributions due to a corresponding institution the Contracting Parties and the right to death

of the latter Party. grant has been acquired under the legislation

Article 33

of two or more Contracting Parties, the right acquired under the legislation of the

Any exemption from, or reduction of, taxes, Contracting Party to which the deceased was

stamp duty, legal dues or registration fees last subject may be alone recognised, to the

provided for in the legislation of one exclusion of any right acquired under the

Party in connection with legislation of any other Contracting Party.

Contracting

certificates or documents required to be produced for the purposes of the legislation of

Article 30

that Party shall be extended to similar (Alternative I) Where, over the same period,

certificates and documents required to be family allowances are payable for the same

produced for the purposes of the legislation of members of the family under the provisions of

another Contracting Party or of these model Article 22 and under the legislation of the

provisions.

Contracting Party in the territory of which those

Article 34

members of the family reside, the right to family allowances payable under the legislation

competent authorities of the of the latter shall be suspended. However, in

1. The

Contracting Parties may designate liaison the case where a member of the family is

bodies empowered to communicate directly with one another and, provided they are

engaged in an occupation in the territory of the said Party, that right shall be maintained,

authorised to do so by the competent authorities of that Party, with the institutions of

whereas the right to family allowances payble under the provisions of Article 22 shall be

any Contracting Party. suspended.

2. Any institution of a Contracting Party, and (Alternative II) Where, over the same period,

likewise any person residing or temporarily residing in the territory of a Contracting Party,

family allowances are payable for the same members of the family under the provisions of

may approach the institution of another Contracting Party either directly or through the

Article 22 and under the legislation of the Contracting Party in the territory of which those

liaison bodies.

members of the familly reside, the right to

Article 35

family allowances payable under the provisions

1. Any dispute which arises between two or of Article 22 shall be suspended.

more Contracting Parties concerning the

VI. MISCELLANEOUS PROVISIONS

interpretation or application of these model provisions shall be settled by means of direct

Article 31

negotiation between the competent authorities Medical examinations prescribed by the

of the Contracting Parties concerned. legislation of one Contracting Party may be carried out, at the request of the institution

2. If the dispute cannot be so settled within

a period of six months from the beginning of which applies this legislation, in the territory of

another Contracting Party, by the institution of negotiations, it shall be submitted to a commission of arbitration; the composition and

the place of residence or temporary residence. In such event, they shall be deemed to have

the procedure of this commission shall be been carried out in the territory of the first

determined by mutual agreement among the Party.

Contracting Parties concerned.

3. The decisions of the commission of

Article 32

arbitration shall be binding and final.

1. For the calculation of the amount of

VII. PROVISIONS CONCERNING

contributions due to the institution of a Contracting Party, account shall be taken,

THE MAINTENANCE OF RIGHTS IN THE RELATIONS BETWEEN OR

where appropriate, of any income received in the territory of any other Contracting Party.

WITH PROVIDENT FUNDS

2. The recovery of contributions due to the ALTERNATIVE I institution of one Contracting Party may be

Article 36

effected in the territory of another Contracting

1. Where a person ceases to be subject to the Party in accordance with the administrative

legislation of a Contracting Party under which procedures and subject to the guarantees and

he has been registered with a provident fund, privileges applicable to the recovery of

before the occurrence of a risk entitling him to obtain the payment of the amount credited to

International standards and human rights instruments

his account, he may, upon request, either provident fund and required to make withdraw the total amount or have it transferred

contributions to that fund. to the institution to which he is affiliated in the

2. Where the person concerned satisfies the territory of the Contracting Party to whose

conditions for payment of a pension taking legislation he is now subject.

account of paragraph 1 of this Article, the

2. If this institution is itself a provident fund, amount of the pension shall be determined in the amount transferred shall be credited to the

accordance with Article 8 to 13. account opened by this institution in the name

3. Where the legislation of a Contracting of the person concerned.

Party makes the payment of amounts credited

3. If the institution referred to in paragraph 1 to a person ’s account under a provident fund of this Article is competent in respect of

conditional upon the competion of periods of pensions, the amount transferred shall be paid

contributions, the institution which applies to the institution concerned in order to enable

that legislation shall, for the purpose of adding the person concerned to buy back periods for

periods together, take account of periods of the purpose of acquiring or improving his rights

insurance, employment, occupational activity to benefits under the legislation applied by this

and residence completed under the legislation institution. The method of buying back periods

of a Contracting Party under which he was shall be determined either in accordance with

affiliated to a pensions scheme. the provisions of that legislation or by mutual agreement between the Contracting Parties

ANNEX II

concerned.

Model Agreement for the coordination Article 37

of bilateral or multilateral social security

Where a person ceases to be subject to the

instruments

legislation of a Contracting Party under which

Article 1

he had been affiliated to a pensions scheme in For the purpose of this agreement: order to move to the territory of another

(a) the term Contracting Party means any State Contracting Party under whose legislation he is

Member of the International Labour registered with a provident fund, before having

Organisation that is bound by the acquired the right to a pension under the

agreement;

legislation of the first Party, (b) the term legislation includes any social (Alternative A) the pension rights in course of

security rules as well as laws and acquisition of this person for himself and his

regulations;

survivors are maintained until the conditions required for the receipt of the pension are

(c) the term refugee has the meaning assigned satisfied. Failing this, the amount of the

to it in Article 1 of the Convention relating contributions paid by this person or on his

to the Status of Refugees of 28 July 1951 behalf shall be transferred to the provident

and in paragraph 2 of Article 1 of the fund under conditions fixed by mutual

Protocol relating to the Status of Refugees agreement between the Contracting Parties

of 31 January 1967, without geographical concerned.

limitation;

(Alternative B) the amount of the contributions (d) the term stateless person has the meaning paid by this person or on his behalf shall be

assigned to it in Article 1 of the Convention transferred to the provident fund under the

relating to the Status of Stateless Persons conditions fixed by mutual agreement between

of 28 September 1954; the Contracting Parties concerned.

(e) the term instrument means any bilateral or multilateral instrument concerning the ALTERNATIVE II

maintenace of rights in course of

Article 38

acquisition in social security that is binding

1. Where the legislation of a Contracting or will be binding on two or more Party makes the acquisition, maintenance or

Contracting parties; recovery of the right to pension conditional

(f) the term institution means any body or upon the completion of periods of insurance,

authority directly responsible for applying employment,

all or part of the legislation of a Contracting residence, the institution which applies that

legislation shall, for the purpose of adding (g) the term periods of insurance means periods periods together, take account of periods

of contribution, employment, occupational during which a person was registered with a

activity or residence which are defined or

Building social protection systems

recognised as periods of insurance by the corresponding periods completed under the legislation

legislation of any other Contracting Party bound completed, and such other periods as are

under which

they

were

with the said Parties by an instrument which regarded by that legislation as equivalent to

also comprises provisions concerning the periods of insurance;

adding together of such periods, provided that (h) the terms periods of employment and

the periods to be added together are not periods of occupational activity mean

overlapping.

periods defined or recognised as such by

2. If, under the provisions of paragraph 1 of the legislation under which they were

this Article, the institution of a Contracting completed, and such other periods as are

Party should apply the provisions of two or more regarded by that legislation as equivalent

instruments which contain different modalities to periods of employment or periods of

for the adding together of periods, this occupational activity, respectively;

institution shall apply exclusively the provisions (i) the term periods of residence means

which are most favourable for the person periods of residence defined or recognised

concerned.

as such by the legislation under which they

3. In the case of benefits which, under all were completed;

instruments, are awarded in (j) the term benefits means all benefits in

relevant

conformity with the legislation of only one kind and in cash provided in respect of the

Contracting Party, the adding together referred contingency concerned, including death

to in paragraph 1 of this Article is carried out grants and:

only to the extent necessary for the acquisition, (i) as benefits in kind, benefits aimed at

maintenance or recovery of the right to the the prevention of any contingency

most favourable benefits provided for under covered by social security, physical

this legislation.

rehabilitation and

vocational

Article 5

1. If the provisions of Article 4 are applicable, (ii) as benefits in cash, all components there

rehabilitation;

invalidity, old-age and survivors ’ benefits are of provided out of public funds, and all

determined in conformity with the provisions of increases, revaluation allowances or

paragraphs 2 to 4 of this Article. supplementary allowances, and only

2. If all the relevant instruments have benefits awarded for the purpose of

recourse to the method of apportionment, the maintaining

institution of each Contracting Party shall apply capacity, lump-sum benefits which may

or improving

earning

the provisions of the instruments by which this

be paid in lieu of pensions and, where Party is bound, regard being had to the adding applicable, any payments made by way of

together of periods carried out according to the refund of contributions.

provisions of Article 4, paragraphs 1 and 2;

Article 2

however, it shall only award the highest amount In the field governed by this agreement,

of the benefits determined under these coverage by the provisions of each instrument

instruments.

3. If all the relevant instruments have shall be extended to the nationals of any other

binding on two or more Contracting Parties

recourse to the method of integration, the Contracting Party, as well as to the refugees

institution of the Contracting Party which and stateless persons resident in the territory

should award the benefits shall take into of any Contracting Party.

account for this purpose the provisions of Article 4.

Article 3

4. If the relevant instruments have recourse This agreement shall be applicable to all

respectively to the method of apportionment persons covered by the provisions of two or

and the method of integration, the institution more instruments.

of each Contracting Party shall apply the

Article 4

provisions of the instruments by which this

1. The provisions of an instrument binding on Party is bound, regard being had to the adding two or more Contracting Parties, concerning the

together of periods carried out according to the adding together of periods of insurance,

provisions of Article 4; however, only the employment, occupational activity or residence

benefits resulting from the application of the for the acquisition, maintenance or recovery of

most favourable method shall be awarded to the right to benefit shall be applicable to

the person concerned.

International standards and human rights instruments

R176 – Employment Promotion and Protection against Unemployment Recommendation, 1988

(a) allowances towards the costs of travel and The General Conference of the International

Preamble

equipment necessary to take advantage of Labour Organisation,

the services provided for in Paragraph 2 Having been convened at Geneva by the

above;

Governing Body of the International Labour (b) allowances in the form of periodical Office, and having met in its Seventy-fifth

payments calculated in accordance with Session on 1 June 1988, and

the provisions of Article 15 of the Having decided upon the adoption of certain

Convention for a prescribed period of proposals with regard to employment promotion

vocational training or retraining. and social security which is the fifth item on

5. Members should in addition consider the agenda of the session, and

granting in particular, under prescribed Having determined that these proposals shall

conditions and in the most appropriate manner, take the form of a Recommendation

by way of occupational or geographical mobility supplementing the Employment Promotion and

incentives:

Protection against Unemployment Convention, (a) temporary degressive allowances designed 1988,

to offset, where appropriate, a reduction in adopts this twenty-first day of June of the year

pay as a result of redeployment; one thousand nine hundred and eighty-eight, the

(b) allowances towards travel and removal following Recommendation, which may be cited

costs;

as the Employment Promotion and Protection (c) separation allowances; against

1988. (d) resettlement grants.

Unemployment

Recommendation,

6. Members should ensure co-ordination of

I. General Provisions

statutory pension schemes and encourage co-

1. In this Recommendation: ordination of private pension schemes in order (a) the term legislation includes any social

to remove barriers to occupational mobility. security rules as well as laws and

7. Members should offer to protected regulations;

persons, under prescribed conditions, facilities (b) the term prescribed means determined by

to enable them to engage in remunerated or in virtue of national legislation;

temporary employment without endangering the employment of other workers and with the

(c) the term the Convention means the purpose of improving their own chances of Employment Promotion and Protection

obtaining productive and freely chosen against Unemployment Convention, 1988.

employment.

II. Promotion of Productive Employment

8. Members should, as far as possible, offer

2. The promotion of full, productive and to unemployed persons who wish to set up their freely chosen employment by all appropriate

own business or take up another economic means, including through social security,

activity, financial assistance and advisory should be a priority objective of national policy.

services under prescribed conditions. Such means should include, inter alia,

9. Members should give consideration to the employment services, vocational training and

conclusion of bilateral and multilateral vocational guidance.

agreements which provide for assistance to

3. In periods of economic crisis, adjustment foreign workers protected by their legislation policies should include, under prescribed

who freely wish to return to the territory of the conditions, measures to encourage initiatives

State of which they are nationals or in which which involve the maximum use of labour on a

they formerly resided. Where such agreements large scale.

do not exist, Members should provide, through national legislation, financial assistance to the

4. Members should endeavour to grant in workers concerned. particular, under prescribed conditions and in

the most appropriate manner, by way of

10. Members should, in accordance, if occupational mobility incentives:

appropriate, with provisions in multilateral

Building social protection systems

agreements, invest any reserves accumulated favourable than those which are generally by statutory pension schemes and provident

granted, at the relevant time, in the funds in such a way as to promote and not to

occupation and district in which the discourage employment within the country, and

employment is offered; encourage such investment from private

(d) employment vacant as a direct result of a sources, including private pension schemes,

stoppage due to an ongoing labour dispute; while at the same time affording the necessary guarantees of security and yield of the

(e) employment such that, for a reason other investment.

than those covered in clauses (a) to (d), and with due regard to all attendant

11. The progressive introduction in rural and circumstances, including the family urban areas of community services, including

responsibilities of the person concerned, health-care services, financed by social

the refusal of the employment is not security contributions or by other sources,

unreasonable.

should lead to increased employment and the provision of training of personnel, while at the

(2) In assessing the criteria specified in clauses (a) to (c) and (e) above, account should

same time making a practical contribution to the achievement of national objectives

be taken in general of the age of the unemployed persons, of their length of service

regarding employment promotion. in their former occupation, of their acquired

III. Protection of Unemployed Persons

experience,

of

the duration of their

12. In case of partial unemployment and in unemployment, of the state of the labour the case referred to in Article 10, paragraph 3,

market and of the repercussions of the of the Convention, benefit should be provided,

employment on their personal and family under prescribed conditions, in the form of

situations.

periodical payments fairly compensating for the

15. If an unemployed person has agreed to loss of earnings due to unemployment. These

accept, for a prescribed maximum period, benefits might be calculated in the light of the

temporary employment which cannot be reduction of hours of work suffered by the

regarded as suitable within the meaning of unemployed persons or so that the total of the

Paragraph 14 above, or part-time employment benefit and the earnings from the part-time

in the circumstances covered in Article 10, work reaches a sum between the amount of the

paragraph 3, of the Convention, the level and previous earnings from full-time work and the

duration of unemployment benefit paid at the amount of the full unemployment benefit, so as

end of such employment should not be not to discourage part-time or temporary work,

adversely affected by the earnings of the when these forms of work may assist in a return

unemployed person from that employment. to full-time work.

16. Members should endeavour to extend

13. (1) The percentages specified in Article progressively the application of their legislation

15 of the Convention for the calculation of concerning unemployment benefit to cover all benefits should be reached on the basis of the

employees. However, public employees whose gross earnings of the beneficiary before tax and

employment up to normal retirement age is social security contributions.

guaranteed by national laws or regulations may (2) If appropriate, these percentages may be

be excluded from protection. reached by comparing net periodical payments

17. Members should endeavour to protect after tax and contributions with net earnings

workers who are experiencing hardship in a after tax and contributions.

waiting period.

18. The following provisions should be should, under prescribed conditions, not apply

14. (1) The concept of suitable employment

applicable, as appropriate, to the categories of to:

persons mentioned in Article 26, paragraph 1, (a) employment involving

of the Convention: occupation which does not take account of

a change

of

(a) in cases of full unemployment, the benefit the abilities, qualifications, skills, work

may be calculated in accordance with the experience or the retraining potential of the

provisions of Article 16 of the Convention; person concerned;

(b) the qualifying period should be adapted or (b) employment involving

waived, under prescribed conditions, for residence to a place in which suitable

a change

of

certain of the categories of persons newly accommodation is not available;

seeking work;

(c) employment in which the conditions and (c) when benefit is provided without a remuneration

are appreciably

less

qualifying period:

International standards and human rights instruments

(i) the waiting period may be increased to contribution, insurance or occupational

a prescribed length;

activity;

(ii) the duration of payment of benefit (e) entitlement to non-reduced minimum may be limited under prescribed

benefits and flat-rate benefits, in particular conditions

family allowances. provision of Article 19, paragraph 1,

notwithstanding

the

23. Members should endeavour to promote a of the Convention.

real understanding of the hardships of

19. When the duration of payment of benefit unemployed persons, particularly those who is limited by national legislation, it should be

have been unemployed for a long period, and extended, under prescribed conditions, until

their need for sufficient income. pensionable age for unemployed persons who have reached a prescribed age prior to the

IV. Development and Improvement

pensionable age.

of Systems of Protection

24. Since the systems of protection for the rights to medical care and makes it directly or

20. Members whose legislation provides for the

unemployed of some Members are in the early indirectly conditional

upon occupational stages of development and others may have to activity should endeavour to ensure, under

consider changes to existing schemes in the prescribed conditions, the provision of medical

light of changing needs, a variety of approaches care to unemployed persons, including, if

may legitimately be taken in assisting the possible, those who are not in receipt of

unemployed, and Members should give high unemployment

priority to a full and frank exchange of dependants.

information on programmes of assistance for

21. Members should endeavour to guarantee

the unemployed.

to persons in receipt of unemployment benefit,

25. With a view to reaching at least the under prescribed conditions, that the periods

standards laid down in Part IV (Unemployment during which benefits are paid will be taken

Benefit) of the Social Security (Minimum into consideration:

Standards) Convention, 1952, Members which (a) for acquisition of the right to and, where

intend to develop their system of protection appropriate, calculation of disability, old-

against unemployment should be guided, in so age and survivors

’ benefit, and far as is possible and appropriate, by the following provisions.

(b) for acquisition of the right to medical care and sickness, maternity and family benefit

26. (1) Members should be aware of the after the end of unemployment, when the

technical and administrative difficulties involved legislation of the Member concerned

in the planning and introduction of social provides for such benefits and makes them

security mechanisms for the compensation of directly or indirectly conditional upon

unemployment. In order to introduce forms of occupational activity.

unemployment compensation through the payment of benefits of a non-discretionary

22. Members should endeavour to make nature, they should seek to meet the following adjustments of statutory social security

conditions as soon as possible: schemes which are based on occupational

activity to the occupational circumstances of (a) the introduction and satisfactory operation of part-time workers. Such adjustments, provided

a free public employment service containing

a network of employment offices and having for in Article 25 of the Convention, should

relate in particular, under

acquired sufficient administrative capacity to conditions to:

prescribed

collect and analyse information on the employment market, to register job offers and

(a) the minimum hours of work and minimum jobseekers and to verify objectively that earnings necessary for the entitlement to

persons are involuntarily unemployed; benefits under the basic and supplementary

schemes; (b) a reasonable level of coverage by and extensive experience in the administration

(b) maximum earnings for the calculation of of other branches of social security deemed contributions;

to have priority on social and economic (c) the qualifying period for entitlement to

grounds, such as primary health care and benefit;

compensation for employment accidents. (d) the methods of calculating cash benefits,

(2) Members should, as a major priority, seek to in particular pensions, on the basis of

meet the conditions set out in subparagraph (1) earnings and of the length of the period of

above by promoting a sufficiently high level of stable employment offering adequate wages and

Building social protection systems

28. Members which have set up a national necessary and appropriate measures, such as

working conditions, in particular through

provident fund might examine the possibility of vocational guidance and training, to facilitate

authorising the payment of periodical cash voluntary matching of skills on the labour market

benefits to the holders of accounts whose to available job vacancies.

interrupted by long-term (3) The co-operation and technical advice of

earnings

are

unemployment and whose family situation is the International Labour Office should continue

precarious in order to provide for their essential to be put to good advantage in supporting any

needs. The level of this benefit and the period initiative taken by Members in this respect in

during which it is payable might be limited cases where there is insufficient national

according to the circumstances, in particular expertise.

the amount credited to the account. (4) When

might also encourage subparagraph (1) above are met, Members

the conditions

employers ’ and workers’ organisations to set up should, as rapidly as their resources permit, and

assistance funds at the enterprise or inter- if necessary in stages, introduce programmes for

enterprise level. These could advantageously the protection of the unemployed, including

be introduced in the enterprises and sectors of social security mechanisms for the compensation

activity which have sufficient economic of unemployment.

capacity.

30. Members whose laws or regulations in Paragraph 26 (1) are not met, Members

27. In cases where the conditions referred to

require employers to make severance payments should give priority to special assistance

to workers who have lost their jobs should measures for the most needy unemployed

envisage making provision for the employers to persons, to the extent permitted by the

bear this responsibility in common through the available resources and in the context of

creation of funds financed by employers ’ national conditions.

contributions, so as to ensure the receipt of these payments by the workers concerned.

R191 – Maternity Protection Recommendation, 2000 Preamble

(2) Provision should be made for an extension The General Conference of the International

of the maternity leave in the event of multiple Labour Organization,

births.

Having been convened at Geneva by the (3) To the extent possible, measures should Governing Body of the International Labour

be taken to ensure that the woman is entitled Office, and

to choose freely the time at which she takes any having met in its 88th Session on 30 May

non-compulsory portion of her maternity leave, 2000, and Having decided upon the adoption

before or after childbirth. of certain proposals with regard to maternity

BENEFITS protection, which is the fourth item on the

agenda of the session, and

2. Where practicable, and after consultation with the representative organizations of

Having determined that these proposals shall take the form of a Recommendation

employers and workers, the cash benefits to which a woman is entitled during leave referred

supplementing the Maternity

Convention, 2000 (hereinafter referred to as to in Articles 4 and 5 of the Convention should

Protection

be raised to the full amount of the woman ’s “the Convention”), previous earnings or of such of those earnings adopts this fifteenth day of June of the year two

as are taken into account for the purpose of thousand the following Recommendation,

computing benefits. which may be cited as the Maternity Protection

3. To the extent possible, the medical Recommendation, 2000.

benefits provided for in Article 6, paragraph 7, MATERNITY LEAVE

of the Convention should include:

1. (1) Members should endeavour to extend (a) care given in a doctor ’s office, at home or the period of maternity leave referred to in

a hospital or other medical Article 4 of the Convention to at least 18

in

establishment by a general practitioner or weeks.

a specialist;

International standards and human rights instruments

(b) maternity care given by a qualified midwife (b) work involving exposure to biological, or by another maternity service at home or

chemical or physical agents which in

represent a reproductive health hazard; establishment;

a hospital or

other

medical

(c) work requiring special equilibrium; (c) maintenance in a hospital or other medical

(d) work involving physical strain due to establishment;

prolonged periods of sitting or standing, to (d) any necessary pharmaceutical and medical

extreme temperatures, or to vibration. supplies, examinations and tests prescribed

(4) A pregnant or nursing woman should not by a medical practitioner or other qualified

be obliged to do night work if a medical person; and

be (e) dental and surgical care.

certificate declares such work to

incompatible with her pregnancy or nursing. FINANCING OF BENEFITS

(5) The woman should retain the right to return to her job or an equivalent job as soon

4. Any contribution due under compulsory as it is safe for her to do so. social insurance providing maternity benefits

and any tax based upon payrolls which is raised (6) A woman should be allowed to leave her for the purpose of providing such benefits,

workplace, if necessary, after notifying her whether paid by both the employer and the

employer, for the purpose of undergoing employees or by the employer, should be paid

examinations relating to her in respect of the total number of men and

medical

pregnancy.

women employed, without distinction of sex. BREASTFEEDING MOTHERS EMPLOYMENT PROTECTION

7. On production of a medical certificate or AND NON-DISCRIMINATION

other appropriate certification as determined

5. A woman should be entitled to return to her by national law and practice, the frequency and former position or an equivalent position paid

length of nursing breaks should be adapted to at the same rate at the end of her leave referred

particular needs.

to in Article 5 of the Convention. The period of

8. Where practicable and with the agreement leave referred to in Articles 4 and 5 of the

of the employer and the woman concerned, it Convention should be considered as a period of

should be possible to combine the time allotted service for the determination of her rights.

for daily nursing breaks to allow a reduction of hours of work at the beginning or at the end of

HEALTH PROTECTION

the working day.

9. Where practicable, provision should be ensure assessment of any workplace risks

6. (1) Members should take measures to

made for the establishment of facilities for related to the safety and health of the pregnant

nursing under adequate hygienic conditions at or nursing woman and her child. The results of

or near the workplace. the assessment should be made available to

the woman concerned. RELATED TYPES OF LEAVE (2) In any of the situations referred to in

10. (1) In the case of the death of the Article 3 of the Convention or where a

mother before the expiry of postnatal leave, the significant risk has been identified under

employed father of the child should be entitled subparagraph (1) above, measures should be

to take leave of a duration equal to the taken to provide, on the basis of a medical

unexpired portion of the postnatal maternity certificate as appropriate, an alternative to

leave.

such work in the form of: (2) In the case of sickness or hospitalization (a) elimination of risk;

of the mother after childbirthj and before the (b) an adaptation of her conditions of work;

expiry of postnatal leave, and where the mother cannot look after the child, the employed father

(c) a transfer to another post, without loss of of the child should be entitled to leave of a pay, when such an adaptation is not

duration equal to the unexpired portion of the feasible; or

postnatal maternity leave, in accordance with (d) paid leave, in accordance with national

national law and practice, to look after the laws, regulations or practice, when such a

child.

transfer is not feasible. (3) The employed mother or the employed (3) Measures referred to in subparagraph (2)

father of the child should be entitled to should in particular be taken in respect of:

parental leave during a period following the (a) arduous work involving the manual lifting,

expiry of maternity leave. carrying, pushing or pulling of loads;

Building social protection systems

(4) The period during which parental leave or regulations or in any manner consistent with might be granted, the length of the leave and

national practice.

other modalities, including the payment of (5) Where national law and practice provide parental benefits and the use and distribution

for adoption, adoptive parents should have of parental leave between the employed

access to the system of protection offered by parents, should be determined by national laws

the Convention, especially regarding leave, benefits and employment protection.

R202 – Social Protection Floors Recommendation, 2012 Preamble

Considering the Universal Declaration of The General Conference of the International

Human Rights, in particular Articles 22 and Labour Organization,

25, and the International Covenant on Having been convened at Geneva by the

Economic, Social and Cultural Rights, in Governing Body of the International Labour

particular Articles 9, 11 and 12, and Office, and having met in its 101st Session on

Considering also ILO social security standards, in

30 May 2012, and particular the Social Security (Minimum Reaffirming that the right to social security is a

Standards) Convention, 1952 (No. 102), the human right, and

Recommendation, 1944 Acknowledging that the right to social security

Income

Security

(No. 67), and the Medical Care Recommendation, is, along with promoting employment, an

1944 (No. 69), and noting that these standards economic and social necessity for development

are of continuing relevance and continue to be and progress, and

important references for social security systems, and

Recognizing that social security is an important tool to prevent and reduce poverty, inequality,

Recalling that the ILO Declaration on Social social exclusion and social insecurity, to

Justice for a Fair Globalization recognizes that promote equal opportunity and gender and

“the commitments and efforts of Members and racial equality, and to support the transition

the Organization to implement the ILO ’s from informal to formal employment, and

constitutional mandate, including through international labour standards, and to place full

Considering that social security is an and productive employment and decent work at investment in people that empowers them to

the centre of economic and social policies, adjust to changes in the economy and in the

should be based on ... (ii) developing and labour market, and that social security systems

enhancing measures of social protection ... act as automatic social and economic

which are sustainable and adapted to national stabilizers, help stimulate aggregate demand in

circumstances, including ... the extension of times of crisis and beyond, and help support a

social security to all transition to a more sustainable economy, and

”, and Considering the resolution and Conclusions

Considering that the prioritization of policies concerning the recurrent discussion on social aimed at sustainable long-term growth

protection (social security) adopted by the associated

International Labour Conference at its overcome extreme poverty and reduces social

with social inclusion

helps

100th Session (2011), which recognize the inequalities and differences within and among

need for a Recommendation complementing regions, and

existing ILO social security standards and Recognizing that the transition to formal

providing guidance to Members in building employment

social protection floors tailored to national sustainable social security systems are

and the establishment

of

circumstances and levels of development, as mutually supportive, and

part of comprehensive social security systems, Recalling that the Declaration of Philadelphia

and

recognizes the solemn obligation of the Having decided upon the adoption of certain International Labour Organization to contribute

proposals with regard to social protection to “achiev[ing] ... the extension of social

floors, which are the subject of the fourth item security measures to provide a basic income to

on the agenda of the session, and all in

Having determined that these proposals shall comprehensive medical care ”, and take the form of a Recommendation;

need of such

protection

and

International standards and human rights instruments

adopts this fourteenth day of June of the year (m) coherence across institutions responsible two thousand and twelve the following

for delivery of social protection; Recommendation, which may be cited as the

(n) high-quality public services that enhance Social Protection Floors Recommendation,

the delivery of social security systems; 2012.

(o) efficiency and accessibility of complaint

I. OBJECTIVES, SCOPE AND PRINCIPLES

and appeal procedures;

1. This Recommendation provides guidance (p) regular monitoring of implementation, and to Members to:

periodic evaluation; (a) establish and maintain, as applicable,

(q) full respect for collective bargaining and social protection floors as a fundamental

freedom of association for all workers; and element of their national social security

(r) tripartite participation with representative systems; and

organizations of employers and workers, as (b) implement social protection floors within

well as consultation with other relevant and strategies for the extension of social

representative organizations of persons security that progressively ensure higher

concerned.

levels of social security to as many people as possible, guided by ILO social security

II. NATIONAL SOCIAL PROTECTION

standards.

FLOORS

4. Members should, in accordance with social protection floors are nationally defined

national circumstances, establish as quickly as sets of basic social security guarantees which

2. For the purpose of this Recommendation,

possible and maintain their social protection secure protection aimed at preventing or

floors comprising basic social security guarantees. The guarantees should ensure at a

alleviating poverty, vulnerability and social exclusion.

minimum that, over the life cycle, all in need have access to essential health care and to

3. Recognizing the overall and primary basic income security which together secure responsibility of the State in giving effect to

effective access to goods and services defined this Recommendation, Members should apply

as necessary at the national level. the following principles:

5. The social protection floors referred to in (a) universality of protection, based on social

Paragraph 4 should comprise at least the solidarity;

following basic social security guarantees: (b) entitlement to benefits prescribed by

(a) access to a nationally defined set of goods national law;

and services, constituting essential health (c) adequacy and predictability of benefits;

care, including maternity care, that meets (d) non-discrimination, gender equality and

the criteria of availability, accessibility, responsiveness to special needs;

acceptability and quality; (e) social inclusion, including of persons in the

(b) basic income security for children, at least informal economy;

at a nationally defined minimum level, (f) respect for the rights and dignity of people

providing access to nutrition, education, covered by the social security guarantees;

care and any other necessary goods and services;

(g) progressive realization, including by setting targets and time frames;

(c) basic income security, at least at a nationally defined minimum level, for

(h) solidarity in financing while seeking to persons in active age who are unable to achieve an optimal balance between the

earn sufficient income, in particular in responsibilities and interests among those

sickness, unemployment, who finance and benefit from social

cases

of

maternity and disability; and security schemes; (d) basic income security, at least at a (i) consideration of diversity of methods and

nationally defined minimum level, for older approaches,

mechanisms and delivery systems;

6. Subject to their existing international (j) transparent, accountable and

obligations, Members should provide the basic financial management and administration;

sound

social security guarantees referred to in this (k) financial, fiscal and economic sustainability

Recommendation to at least all residents and with due regard to social justice and equity;

children, as defined in national laws and (l) coherence with social, economic and

regulations.

employment policies;

Building social protection systems

7. Basic social security guarantees should be employment schemes and employment support established by law. National laws and

schemes.

regulations should specify the range, qualifying

10. In designing and implementing national conditions and levels of the benefits giving

social protection floors, Members should: effect

to these guarantees.

Impartial,

transparent, effective,

simple,

rapid,

(a) combine preventive, promotional and active measures, benefits and social

accessible and inexpensive complaint and appeal procedures should also be specified.

services;

Access to complaint and appeal procedures (b) promote productive economic activity and should be free of charge to the applicant.

formal employment through considering Systems should be in place that enhance

policies that include public procurement, compliance with national legal frameworks.

government credit provisions, labour inspection, labour market policies and tax

8. When defining the basic social security guarantees, Members

incentives, and that promote education, vocational training, productive skills and

consideration to the following: employability; and (a) persons in need of health care should not

(c) ensure coordination with other policies that face hardship and an increased risk of

poverty due to the financial consequences enhance formal employment, income generation, education, literacy, vocational

of accessing essential health care. Free prenatal and postnatal medical care for the

training, skills and employability, that reduce precariousness, and that promote

work, entrepreneurship and (b) basic income security should allow life in

most vulnerable should also be considered;

secure

sustainable enterprises within a decent dignity. Nationally defined minimum levels

work framework. of income may correspond to the monetary value of a set of necessary goods and

11. (1) Members should consider using a variety of different methods to mobilize the

services, national poverty lines, income thresholds for social assistance or other

necessary resources to ensure financial, fiscal and economic sustainability of national social

comparable thresholds established by national law or practice, and may take into

protection floors, taking into account the contributory capacities of different population

account regional differences; groups. Such methods may include, individually (c) the levels of basic social security

or in combination, effective enforcement of tax guarantees should be regularly reviewed

and contribution obligations, reprioritizing through a transparent procedure that is

expenditure, or a broader and sufficiently established by national laws, regulations or

progressive revenue base. practice, as appropriate; and

11. (2) In applying such methods, Members (d) in regard to the establishment and review

should consider the need to implement of the levels of these guarantees, tripartite

measures to prevent fraud, tax evasion and participation

non-payment of contributions. organizations of employers and workers,

with

representative

12. National social protection floors should as well as consultation with other relevant

and representative organizations

of

be financed by national resources. Members whose economic and fiscal capacities are

persons concerned, should be ensured. insufficient to implement the guarantees may

9. (1) In providing the basic social security seek international cooperation and support that guarantees, Members should consider different

complement their own efforts. approaches with a view to implementing the most effective and efficient combination of

III. NATIONAL STRATEGIES FOR

benefits and schemes in the national context.

THE EXTENSION OF SOCIAL SECURITY

(2) Benefits may include child and family

13. (1) Members should formulate and benefits, sickness and health-care benefits,

implement national social security extension maternity benefits, disability benefits, old-age

strategies, based on national consultations benefits, survivors ’ benefits, unemployment

through effective social dialogue and social benefits and employment guarantees, and

participation. National strategies should: employment injury benefits as well as any other

(a) prioritize the implementation of social social benefits in cash or in kind.

protection floors as a starting point for (3) Schemes providing such benefits may

countries that do not have a minimum level include universal benefit schemes, social

of social security guarantees, and as a insurance schemes, social assistance schemes,

fundamental element of their national negative

income tax schemes,

public

social security systems; and

International standards and human rights instruments

(b) seek to provide higher levels of protection

18. Members should consider ratifying, as to as many people as possible, reflecting

early as national circumstances allow, the economic

(Minimum Standards) Members, and as soon as possible.

and fiscal

Convention, 1952 (No. 102). Furthermore,

11. (2) For this purpose, Members should Members should consider ratifying, or giving progressively

effect to, as applicable, other ILO social comprehensive and adequate social security

build and

maintain

security Conventions and Recommendations systems

setting out more advanced standards. objectives and seek to coordinate social

coherent with

national policy

security policies with other public policies.

IV. MONITORING

19. Members should monitor progress in national social security extension strategies,

implementing social protection floors and Members should:

14. When formulating and implementing

achieving other objectives of national social security

extension strategies through (a) set objectives reflecting national priorities;

appropriate nationally defined mechanisms, (b) identify gaps in, and barriers to, protection;

tripartite participation with (c) seek to close gaps in protection through

including

representative organizations of employers and appropriate and effectively coordinated

workers, as well as consultation with other schemes, whether contributory or non-

relevant and representative organizations of contributory, or both, including through the

persons concerned. extension of existing contributory schemes

20. Members should regularly convene to all concerned persons with contributory

national consultations to assess progress and capacity;

discuss policies for the further horizontal and (d) complement social security with active

vertical extension of social security. labour

21. For the purpose of Paragraph 19, vocational training or other measures, as

market policies,

including

Members should regularly collect, compile, appropriate;

analyse and publish an appropriate range of (e) specify

social security data, statistics and indicators, resources as well as the time frame and

financial requirements

and

disaggregated, in particular, by gender. sequencing

22. In developing or revising the concepts, achievement of the objectives; and

for the

progressive

definitions and methodology used in the (f) raise

production of social security data, statistics protection floors and their extension

awareness about

their

social

and indicators, Members should take into strategies, and undertake information

consideration relevant guidance provided by programmes, including through social

the International Labour Organization, in dialogue.

particular, as appropriate, the resolution

15. Social security extension strategies concerning the development of social security should apply to persons both in the formal and

statistics adopted by the Ninth International informal economy and support the growth of

Conference of Labour Statisticians. formal employment and the reduction of

23. Members should establish a legal informality, and should be consistent with, and

framework to secure and protect private conducive to, the implementation of the social,

individual information contained in their social economic and environmental development

security data systems. plans of Members.

24. (1) Members are encouraged to

information, experiences and should ensure support for disadvantaged

16. Social security extension strategies

exchange

expertise on social security strategies, policies groups and people with special needs.

and practices among themselves and with the

17. When building comprehensive social International Labour Office. security systems reflecting national objectives,

24. (2) In implementing this Recommendation, priorities and economic and fiscal capacities,

Members may seek technical assistance from the Members should aim to achieve the range and

International Labour Organization and other levels of benefits set out in the Social Security

relevant international organizations in accordance (Minimum Standards) Convention, 1952

with their respective mandates. (No. 102), or in other ILO social security

Conventions and Recommendations setting out more advanced standards.

Building social protection systems

R204 – Transition from the Informal to the Formal Economy Recommendation, 2015 (No. 204)

Affirming that the transition from the informal The General Conference of the International

Preamble

to the formal economy is essential to achieve Labour Organization,

inclusive development and to realize decent Having been convened at Geneva by the

work for all, and

Governing Body of the International Labour Recognizing the need for Members to take Office, and having met in its 104th Session on

urgent and appropriate measures to enable the

1 June 2015, and transition of workers and economic units from Recognizing that the high incidence of the

the informal to the formal economy, while informal economy in all its aspects is a major

ensuring the preservation and improvement of challenge for the rights of workers, including

existing livelihoods during the transition, and the fundamental principles and rights at work,

Recognizing that employers ’ and workers’ and for social protection, decent working

organizations play an important and active role conditions, inclusive development and the rule

in facilitating the transition from the informal of law, and has a negative impact on the

to the formal economy, and development of sustainable enterprises, public

Having decided upon the adoption of certain revenues and governments ’ scope of action,

proposals with regard to the transition from the particularly with regard to economic, social and

informal to the formal economy, which is the environmental policies, the soundness of

fifth item on the agenda of the session, and institutions and fair competition in national

Having determined that these proposals shall and international markets, and

take the form of a Recommendation; Acknowledging that most people enter the

adopts this twelfth day of June of the year two informal economy not by choice but as a

fifteen the following consequence of a lack of opportunities in the

thousand

and

Recommendation, which may be cited as the formal economy and in the absence of other

Transition from the Informal to the Formal means of livelihood, and

Economy Recommendation, 2015. Recalling that decent work deficits – the denial of rights at work, the absence of sufficient

I. OBJECTIVES AND SCOPE

1. This Recommendation provides guidance inadequate social protection and the absence

opportunities for quality

employment,

to Members to:

of social dialogue – are most pronounced in the (a) facilitate the transition of workers and informal economy, and

economic units from the informal to the Acknowledging that informality has multiple

formal economy, while respecting workers ’ causes, including governance and structural

rights and ensuring issues, and that public policies can speed up

fundamental

for income security, the process of transition to the formal economy,

opportunities

livelihoods and entrepreneurship; in a context of social dialogue, and

(b) promote the creation, preservation and Recalling the Declaration of Philadelphia,

sustainability of enterprises and decent jobs 1944, the Universal Declaration of Human

in the formal economy and the coherence of Rights, 1948, the ILO Declaration on

macroeconomic, employment, social Fundamental Principles and Rights at Work

protection and other social policies; and and its Follow-up, 1998, and the ILO

(c) prevent the informalization of formal Declaration on Social Justice for a Fair

economy jobs. Globalization, 2008, and

2. For the purposes of this Recommendation, Reaffirming the relevance of the eight ILO

the term “informal economy”: fundamental Conventions and other relevant

(a) refers to all economic activities by workers international labour standards and United

and economic units that are – in law or in Nations instruments as listed in the Annex, and

practice – not covered or insufficiently Recalling the resolution and Conclusions

covered by formal arrangements; and concerning decent work and the informal

(b) does not cover illicit activities, in particular economy adopted by the International Labour

the provision of services or the production, Conference at its 90th Session (2002), and

sale, possession or use of goods forbidden other relevant resolutions and Conclusions as

by law, including the illicit production and listed in the Annex, and

trafficking

of drugs, the illicit manufacturing of and trafficking in

International standards and human rights instruments

firearms, trafficking in persons, and money formal economy, Members should take into laundering, as defined in the relevant

account the following: international treaties.

(a) the diversity of characteristics, circumstances

3. For the purposes of this Recommendation, and needs of workers and economic units in “economic units” in the informal economy

the informal economy, and the necessity to include:

such diversity with tailored (a) units that employ hired labour;

address

approaches;

(b) units that are owned by individuals working (b) the specific national circumstances, on their own account, either alone or with

policies, practices and the help of contributing family workers;

legislation,

priorities for the transition to the formal and

economy;

(c) cooperatives and social and solidarity (c) the fact that different and multiple economy units.

strategies can be applied to facilitate the

4. This Recommendation applies to all transition to the formal economy; workers and economic units – including

(d) the need for coherence and coordination enterprises, entrepreneurs and households – in

across a broad range of policy areas in the informal economy, in particular:

facilitating the transition to the formal (a) those in the informal economy who own

economy;

and operate economic units, including: (e) the effective promotion and protection of (i) own-account workers;

the human rights of all those operating in the informal economy;

(ii) employers; and (f) the fulfilment of decent work for all (iii) members of cooperatives and of social

through respect for the fundamental and solidarity economy units;

principles and rights at work, in law and (b) contributing family workers, irrespective of

practice;

up-to-date international labour formal or informal economy;

whether they work in economic units in the

(g) the

standards that provide guidance in specific (c) employees holding informal jobs in or for

policy areas (see Annex); formal enterprises, or in or for economic

(h) the promotion of gender equality and non- units in the informal economy, including

discrimination; but not limited to those in subcontracting

and in supply chains, or as paid domestic (i) the need to pay special attention to those workers employed by households; and

who are especially vulnerable to the most serious decent work deficits in the informal

(d) workers in unrecognized or unregulated economy, including but not limited to employment relationships.

women, young people, migrants, older

5. Informal work may be found across all people, indigenous and tribal peoples, sectors of the economy, in both public and

persons living with HIV or affected by HIV or private spaces.

AIDS, persons with disabilities, domestic

6. In giving effect to the provisions of workers and subsistence farmers; Paragraphs 2 to 5 above, and given the diversity

(j) the preservation and expansion, during the of the informal economy across member States,

transition to the formal economy, of the the competent authority should identify the

entrepreneurial potential, creativity, nature and extent of the informal economy as

dynamism, skills and innovative capacities described in this Recommendation, and its

of workers and economic units in the relationship to the formal economy. In so doing,

informal economy; the competent authority should make use of

(k) the need for a balanced approach tripartite mechanisms with the full participation

combining incentives with compliance of the most representative employers ’ and measures; and workers ’ organizations, which should include in

their rank, according to national practice, (l) the need to prevent and sanction deliberate representatives

of membership-based avoidance of, or exit from, the formal representative organizations of workers and

economy for the purpose of evading economic units in the informal economy.

taxation and the application of social and labour laws and regulations.