Will the world ever reach full unemployment?
Employment Promotion and Protection against Unemployment Convention, 1988
The General Conference of the International Labor Organization,
convened in Geneva by the Administrative Council of the International Labor Office and met on June 1, 1988 for its seventy-fifth session,
Underlines the importance of work and productive employment in any society, not only because of the resources it creates for the community, but also because of the income they bring to workers, the social role they give them and the The sense of personal satisfaction they give them;
Refers to the existing international standards in the field of employment and protection against unemployment (Unemployment Convention and Recommendation, 1934, Unemployment Recommendation (Young People), 1935, Livelihood Recommendation, 1944, Social Security Convention (Minimum Standards ), 1952, Employment Policy Convention and Recommendation, 1964, Labor Development Convention and Recommendation, 1975, Labor Administration Convention and Recommendation, 1978, and Employment Policy Recommendation (Supplementary Provisions, 1984);
Draws attention to the widespread unemployment and underemployment affecting different countries at all levels of development around the world, and in particular the problems of young people, many of whom are looking for their first job;
Notes that since the adoption of the above-mentioned international instruments on protection against unemployment, significant new developments have occurred in the law and practice of many Members, including the revision of existing standards, in particular the Unemployment Convention, 1934, and the adoption of new international ones Require norms on the promotion of full, productive and freely chosen employment through all appropriate means, including social security;
Notes that the provisions on unemployment benefits of the Social Security (Minimum Standards) Convention, 1952, establish a level of protection that is now superseded by the majority of compensation systems in place in industrialized countries, and that they are contrary to the standards on other benefits have not yet been supplemented by higher standards, but that the principles on which this Convention is based are still valid and that its standards may still be an objective for certain developing countries which are able to establish a system of compensation for unemployment ;
has decided to adopt various motions relating to the promotion of employment and social security, an issue which is the fifth item on its agenda, particularly with regard to the revision of the Unemployment Convention, 1934, and
stipulates that these applications should take the form of an international agreement.
The Conference adopted today, June 21, 1988, the following Convention, which may be cited as the Employment Promotion and Protection against Unemployment Convention, 1988.
I. General provisions
In this convention
a) the term "legislation" includes all laws and ordinances as well as statutory provisions in the field of social security;
b) the term "mandatory" means determined by or pursuant to national law.
Each member must take appropriate measures to coordinate their system of protection against unemployment with their employment policy. To this end, it must ensure that its system of protection against unemployment, and in particular the way in which unemployment benefits are granted, contribute to the promotion of full, productive and freely chosen employment and do not have the effect of deterring employers from productive employment To offer employment and workers to seek one.
The implementation of the provisions of this Convention shall be carried out in consultation and cooperation with the employers 'and workers' organizations in accordance with national practice.
1. Any Member which ratifies this Convention may, by a declaration accompanying its ratification, exempt the provisions of Part VII from the obligations arising from the ratification.
2. Every member who has made such a declaration can revoke it at any time by means of a later declaration.
1. By means of a declaration attached to its ratification, each member may claim a maximum of two of the temporary exemptions set out in Article 10 paragraph 4, Article 11 paragraph 3, Article 15 paragraph 2, Article 18 paragraph 2, Article 19 paragraph 4, Article 23 paragraph 2, Article 24 paragraph 2 and Article 25 paragraph 2 are provided. This declaration must state the reasons that justify these exceptions.
2. Notwithstanding the provisions of paragraph 1, a member may, insofar as this is justified by the limited scope of its social security system, avail itself of the temporary exemptions set out in Article 10 paragraph 4, Article 11 by means of a declaration attached to its ratification Paragraph 3, Article 15 paragraph 2, Article 18 paragraph 2, Article 19 paragraph 4, Article 23 paragraph 2, Article 24 paragraph 2 and Article 25 paragraph 2. This declaration must state the reasons that justify these exceptions.
3. Each Member which has made a declaration under paragraph 1 or paragraph 2 shall state in its reports to be submitted to the International Labor Organization in accordance with Article 22 of the Constitution on the implementation of this Convention with respect to any derogation it may make use of:
a) that the reasons for this persist or
b) that from a certain point in time it will refrain from further claiming the exception.
4. Each member who has made a declaration in accordance with paragraph 1 or paragraph 2, depending on the subject matter of this declaration and if the circumstances permit,
a) cover the case of partial unemployment;
b) to increase the number of protected persons;
c) to increase the benefit amounts;
d) to shorten the waiting time;
e) to extend the duration of the granting of benefits;
f) adapt the statutory social security systems to the particular circumstances of the employment of part-time workers;
g) endeavor to ensure medical care for recipients of unemployment benefits and their dependents;
h) endeavor to ensure that periods during which such benefits are paid are taken into account for the purposes of acquiring social security benefits and, where applicable, for calculating invalidity, old age and survivors benefits.
1. Every member has to guarantee all protected persons equal treatment without distinction on the basis of race, skin color, gender, religion, political opinion, national origin, nationality, ethnic or social origin, invalidity or age.
2. The provisions of paragraph 1 are not intended to establish specific measures justified by the circumstances of certain groups within the framework of the systems referred to in Article 12, paragraph 2, or to meet the specific needs of groups of people with particular problems in the labor market, especially disadvantaged groups , should serve, nor the conclusion of bilateral or multilateral agreements between states on unemployment benefits on the basis of reciprocity.
II. Promotion of productive employment
Each member shall establish as the primary objective a policy designed to promote full, productive and freely chosen employment by all appropriate means, including social security. These resources should in particular include employment services, vocational training and career guidance.
1. Each Member shall endeavor, subject to national law and practice, to establish special programs to promote additional employment opportunities and employment assistance and to facilitate freely chosen and productive employment for certain groups of disadvantaged who find it difficult or may find it difficult to have a permanent one Find employment, such as women, young workers, disabled people, older workers, long-term unemployed, migrant workers legally resident in the country and workers affected by structural change.
2. Each member shall indicate in its reports in accordance with Article 22 of the Constitution of the International Labor Organization the groups of persons for whom it has undertaken to promote employment programs.
3. Each member shall endeavor to gradually extend the promotion of productive employment to a larger number of groups than those originally covered.
The measures provided for in this Part shall be taken in the light of the Labor Development Convention and Recommendation, 1975, and the Employment Policy (Supplementary Provisions) Recommendation, 1984.
III. Covered cases
1. The covered cases have, under prescribed conditions, to include total unemployment in the sense of a loss of earnings resulting from the fact that a person who is capable, willing and actually looking for work is unable to obtain reasonable employment, taking into account the provisions of Article 21 paragraph 2.
2. Each member shall endeavor to extend the protection of the Convention under the prescribed conditions to the following cases:
a) Loss of earnings as a result of partial unemployment in the sense of a temporary reduction in normal or statutory working hours; and
b) loss of earnings or reduced earnings as a result of a temporary cessation of work,
without interruption of the employment relationship, in particular for economic, technological, structural or similar reasons.
3. Each member must also endeavor to provide for the payment of benefits to part-time workers who are actually looking for full-time work. The total amount of benefits and earnings from their part-time work may be such that there remains an incentive to take on full-time work.
4. If a declaration made in accordance with Article 5 is in force, the implementation of paragraphs 2 and 3 can be suspended.
IV. Protected Persons
1. The group of protected persons must include prescribed groups of employees, which together make up at least 85 percent of all employees, including public employees and apprentices.
2. Notwithstanding the provisions of paragraph 1, civil servants whose employment is guaranteed up to normal retirement age by national law may be exempt from protection.
3. If a declaration made in accordance with Article 5 is in force, the group of protected persons must include:
a) prescribed groups of employees, which together make up at least 50 percent of all employees; or
b) where this is expressly justified by the level of development, prescribed groups of employees that make up at least 50 percent of all employees in commercial operations with 20 or more employees.
V. Forms of Protection
1. Unless otherwise provided in this Convention, each Member may determine the form or forms of protection by which it wishes to implement the provisions of the Convention, whether through a contributory or non-contributory system or through a Connection of such systems.
2. However, if a Member's legislation protects all residents whose resources do not exceed prescribed limits for the duration of the case, the protection granted may be limited in accordance with the provisions of Article 16, taking into account the resources of the beneficiary and his family.
VI. Benefits to be granted
The benefits that are granted to the unemployed as regularly recurring payments can depend on the forms of protection.
In the case of total unemployment, benefits are to be granted as regularly recurring payments which are calculated in such a way that the beneficiary receives a partial and temporary wage replacement and at the same time prevents them from preventing work or job creation.
1. In the event of total unemployment and, if this is covered, loss of earnings as a result of a temporary cessation of work without interruption of the employment relationship, benefits are to be granted as regularly recurring payments, which are calculated as follows:
a) to the extent that these benefits are based on the contributions paid by the protected person or for the protected person or on previous earnings, they are to be set at at least 50 percent of previous earnings, with a maximum limit being set for the benefit amount or for the earnings to be taken into account which can be based, for example, on the wages of a skilled worker or on the average wage of workers in the region concerned;
b) Insofar as these benefits are not based on contributions or on previous earnings, they are to be set at at least 50 percent of the statutory minimum wage or the wage of an ordinary unskilled worker or an amount that ensures the subsistence level, the highest amount being decisive.
2. If a declaration made in accordance with Article 5 is in force, the benefit amounts have
a) at least 45 percent of previous earnings; or
b) at least 45 percent of the statutory minimum wage or the wage of an ordinary unskilled worker, but at least an amount that ensures the subsistence level.
3. The percentages specified in paragraphs 1 and 2 can be achieved by comparing the regularly recurring net payments after deduction of taxes and contributions with the net earnings after deduction of taxes and contributions.
Notwithstanding the provisions of Article 15, benefits granted beyond the initial period set out in Article 19 (2) (a) and benefits paid by a member in accordance with Article 12 (2) may, after taking into account other means that the beneficiary and his family have above a prescribed period Limits are available, to be set according to a prescribed table. These benefits, in conjunction with other benefits to which they may be entitled, must in all cases ensure healthy and adequate living conditions in accordance with national standards.
1. If the legislation of a member makes the entitlement to unemployment benefits dependent on the completion of a qualifying period, this qualifying period must not exceed the duration deemed necessary to avoid abuse.
2. Each member has to endeavor to adapt the qualifying period to the special circumstances of the employment of the seasonal workers.
1. If a member's legislation stipulates that payment of full unemployment benefits will not begin until a waiting period has elapsed, this waiting period may not exceed seven days.
2. If a declaration made in accordance with Article 5 is in force, the waiting period may not exceed ten days.
3. In the case of seasonal workers, the waiting period provided for in paragraph 1 can be adapted to the particular circumstances of their employment.
1. The benefits granted in the event of total unemployment and loss of earnings as a result of a temporary cessation of work without interruption of the employment relationship must be paid for the entire duration of these cases.
2. However, in the case of total unemployment
a) the initial duration of the granting of the benefits provided for in Article 15 is limited to 26 weeks in each case of unemployment or to 39 weeks over a 24-month period;
(b) if unemployment persists after the end of this initial period of benefit, the duration of the benefit, which can be calculated taking into account the means of the beneficiary and his family in accordance with the provisions of Article 16, shall be limited to a prescribed period.
3. If the legislation of a member stipulates a staggering of the original duration of the granting of the benefits provided for in Article 15 according to the length of the qualifying period, the average length of the granting of benefits must be at least 26 weeks.
4. If a declaration made in accordance with Article 5 is in force, the duration of the granting of benefits can be set at 13 weeks during a period of twelve months or at an average of 13 weeks if the law provides that the original duration of the benefit granting corresponds to the length of the qualifying period is to be staggered.
5. In the case provided for in paragraph 2 letter b), each member must endeavor to provide the persons concerned with appropriate additional support to enable them to find productive and freely chosen employment, in particular using the measures set out in Part II listed measures.
6. Without prejudice to the provisions of paragraph 2 letter b), the duration of the granting of benefits to seasonal workers can be adapted to the particular circumstances of their employment.
The benefits to which a protected person would have been entitled in the event of total or partial unemployment or loss of earnings as a result of a temporary cessation of work without interruption of the employment relationship can be refused, withdrawn, suspended or reduced to a prescribed extent,
a) as long as the person concerned is not in the territory of the member;
b) if the competent authority has established that the person concerned has deliberately contributed to his dismissal;
c) if the competent authority has ascertained that the person concerned has voluntarily given up his employment without good cause;
d) during the period of a labor dispute, when the person concerned has stopped work in order to participate in a labor dispute or when he is prevented from carrying out his employment as a direct result of a cessation of work resulting from that labor dispute;
e) if the person concerned obtained or attempted to obtain the services fraudulently;
f) if the person concerned has failed to use the services available for placement, professional advice, training, retraining or reintegration in reasonable employment without good cause;
g) as long as the person concerned receives another benefit of income protection provided for in the legislation of the member concerned, with the exception of a family benefit, provided that the dormant part of the benefit does not exceed the other benefit.
1. The benefits to which a protected person would have been entitled in the event of total unemployment can be refused, withdrawn, suspended or reduced to a prescribed extent if the person concerned refuses reasonable employment.
2. When assessing the reasonableness of employment, under prescribed conditions and to an appropriate extent, the age of the unemployed, the duration of the activity in their previous occupation, the experience gained, the duration of unemployment, the conditions of the labor market, the effects of this are particularly important Employment must take into account the personal and family situation of the person concerned as well as the fact whether the employment is free as a direct consequence of an ongoing work dispute due to a cessation of work.
If protected persons have received a severance payment directly from their employer or from any other source under national law or under collective bargaining agreements, the main purpose of which is to contribute to compensation for the loss of earnings suffered in the event of total unemployment,
a) the unemployment benefits to which they would be entitled can be suspended as long as the loss of earnings is compensated by the severance payment; or
b) the severance payment may be reduced by an amount equal to the value of the unemployment benefits converted into a lump sum to which those concerned are entitled during the period in which the severance payment compensates for the loss of earnings,
each member has the choice.
1. Every member whose legislation provides for the right to medical care and makes this right directly or indirectly dependent on employment must endeavor, under the prescribed conditions, to ensure medical care for recipients of unemployment benefits and their dependents.
2. If a declaration made in accordance with Article 5 is in force, the implementation of paragraph 1 may be suspended.
1. Each member shall endeavor to ensure that recipients of unemployment benefits, under prescribed conditions, take into account the periods during which these benefits are paid,
a) for the acquisition of entitlement to invalidity, old-age and survivor benefits and, if applicable, their calculation; and
b) for the acquisition of the right to medical care, sickness benefit and maternity and family benefits after the end of unemployment,
if the legislation of the member concerned provides for such benefits and makes entitlement to them directly or indirectly dependent on employment.
2. If a declaration made in accordance with Article 5 is in force, the implementation of paragraph 1 can be suspended.
1. Each member must ensure that the statutory social security systems based on employment are adapted to the particular circumstances of the employment of part-time workers, unless their working hours or their earnings are regarded as marginal under prescribed conditions can be.
2. If a declaration made in accordance with Article 5 is in force, the implementation of paragraph 1 may be suspended.
VII. Special provisions for first-time or renewed job seekers
1. Members must take into account that there are many groups of jobseekers who have never been recognized as unemployed or are no longer recognized as unemployed, or to whom the unemployment protection systems have never or no longer applied Find application. As a result, at least three of the following ten groups of jobseekers must receive social benefits under prescribed conditions and according to prescribed procedures:
a) young people who have completed their vocational training;
b) young people who have completed their schooling;
c) young people who have completed their military service;
d) persons who have devoted some time to bringing up a child or caring for a sick, disabled or elderly person;
e) persons whose spouse has died if they are not entitled to a survivor's benefit;
f) divorced or separated;
g) released prisoners;
h) adults, including disabled people, who have completed a period of training;
i) migrant workers on return to their country of origin, subject to the rights they have acquired under the legislation of the country in which they last worked;
j) previously self-employed persons.
2. In its reports in accordance with Article 22 of the Constitution of the International Labor Organization, each member must indicate the groups of persons referred to in paragraph 1, which it undertakes to protect.
3. Each member must endeavor to gradually extend the protection to a larger number of groups than those originally protected.
VIII. Legal, administrative and financial guarantees
1. If a benefit is refused, suspended, withdrawn or reduced, or the amount is disputed, applicants must have the right to lodge a complaint with the provider of the benefit system and then to appeal to an independent body. You must be instructed in writing about the available legal remedies, which must be simple and quick.
2. The appeal process shall, in accordance with national law and practice, permit the applicant to be represented or assisted by a qualified person of his choice or by a representative of a representative union of workers or by a representative of an organization representing the protected persons.
Each member has general responsibility for the proper administration of the facilities and services involved in the implementation of the Convention.
1. If the administration is carried out directly by a government agency responsible to parliament, representatives of the protected persons and the employers are to be involved in the administration in an advisory capacity under the prescribed conditions.
2. If the administration is not carried out by a government agency responsible to Parliament,
a) representatives of the protected persons are to be involved in the administration or assigned in an advisory capacity under the prescribed conditions;
b) National legislation may also provide for the participation of representatives of the employers;
c) Legislation can also provide for the participation of representatives of the authorities.
In cases where the state or social security system provides grants to safeguard employment, Members shall take the necessary measures to ensure that payments are made only for the intended purpose and to avoid fraud or abuse by preventing the recipient of such payments.
This Convention revises the Unemployment Convention, 1934.
The formal ratifications of this Convention shall be notified to the Director General of the International Labor Office for registration.
1. This Convention is only binding on those members of the International Labor Organization whose ratification has been registered by the Director General.
2. It comes into force twelve months after the ratifications of two members have been registered by the Director General.
3. Subsequently, this Convention shall enter into force for each member twelve months after the registration of its ratification.
1. Any member that has ratified this Convention may denounce it after ten years from its first entry into force by formally notifying the Director General of the International Labor Office. The termination is entered by this. It does not take effect until one year after registration.
2. Any Member who has ratified this Convention and does not exercise the right of termination provided for in this Article within one year of the expiry of the ten years referred to in paragraph 1 shall remain bound for a further ten years. Subsequently, it may terminate this Agreement after ten years in accordance with this Article.
1. The Director General of the International Labor Office shall notify all members of the International Labor Organization of the registration of all ratifications and denunciations notified to him by the members of the Organization.
2. The Director-General will, upon notifying them of the registration of the second ratification notified to him, of the date on which this Convention will enter into force.
The Director General of the International Labor Office shall provide the Secretary General of the United Nations with complete information on all ratifications and denunciations entered by him in accordance with the preceding articles for registration in accordance with Article 102 of the Charter of the United Nations.
The Governing Body of the International Labor Office shall, whenever it deems it necessary, report to the General Conference on the implementation of this Convention and consider whether to place the issue of its revision in whole or in part on the agenda of the Conference.
1.If the Conference adopts a new Convention which revises the present Convention in whole or in part, and the new Convention does not provide otherwise, the following shall apply:
a) Notwithstanding Article 34, ratification of the revised Convention by a member shall automatically have the effect of immediately denouncing this Convention, provided that the revised Convention has entered into force.
b) From the date of entry into force of the revised Convention, this Convention can no longer be ratified by the Members.
2. In any event, the form and content of this Convention shall remain in force for those Members who have ratified this Convention but not the revised Convention.
The English and French versions of the text of this Convention are equally authentic.
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