a. where classes of employees or classes of the economically active population are
protected, in such a manner as to comply either with the requirements of Article 65 or
with the requirements of Article 66;
b. where all residents whose means during the contingency do not exceed prescribed limits
are protected, in such a manner as to comply with the requirements of Article 67.
Article 29
1. The benefit specified in Article 28 shall, in a contingency covered, be secured at
least:
a. to a person protected who has completed, prior to the contingency, in accordance with
prescribed rules, a qualifying period which may be 30 years of contribution or employment,
or 20 years of residence; or
b. where, in principle, all economically active persons are protected, to a person
protected who has completed a prescribed qualifying period of contribution and in respect
of whom while he was of working age, the prescribed yearly average number of contributions
has been paid.
2. Where the benefit referred to in paragraph 1 of this article is conditional upon a
minimum period of contribution or employment, a reduced benefit shall be secured at least:
a. to a person protected who has completed, prior to the contingency, in accordance with
prescribed rules, a qualifying period of 15 years of contribution or employment; or
b. where, in principle, all economically active persons are protected, to a person
protected who has completed a prescribed qualifying period of contribution and in respect
of whom, while he was of working age, half the yearly average number of contributions
prescribed in accordance with paragraph 1.b of this article has been paid.
3. The requirements of paragraph 1 of this article shall be deemed to be satisfied where a
benefit calculated in conformity with the requirements of Part XI but at a percentage of
ten points lower than shown in the Schedule appended to that part for the standard
beneficiary concerned is secured at least to a person protected who has completed, in
accordance with prescribed rules, ten years of contribution or employment, or five years
of residence.
4. A proportional reduction of the percentage indicated in the Schedule appended to Part XI
may be effected where the qualifying period for the benefit corresponding to the reduced
percentage exceeds ten years of contribution or employment but is less than 30 years of
contribution or employment; if such qualifying period exceeds 15 years, a reduced benefit
shall be payable in conformity with paragraph 2 of this article.
5. Where the benefit referred to in paragraphs 1, 3 or 4 of this article is conditional
upon a minimum period of contribution or employment, a reduced benefit shall be payable
under prescribed conditions to a person protected who, by reason only of his advanced age
when the provisions concerned in the application of this part come into force, has not
satisfied the conditions prescribed in accordance with paragraph 2 of this article, unless
a benefit in conformity with the provisions of paragraphs 1, 3 or 4 of this article is
secured to such person at an age higher than the normal age.
Article 30
The benefits specified in Articles 28 and 29 shall be granted throughout the
contingency.
Part VI - Employment injury benefit
Article 31
Each Contracting Party for which this part of the Code is in force shall secure to the
persons protected the provision of employment injury benefit in accordance with the
following articles of this part.
Article 32
The contingencies covered shall include the following where the state of affairs
described is due to accident or a prescribed disease resulting from employment:
a. a morbid condition;
b. incapacity for work resulting from such a condition and involving suspension of
earnings, as defined by national laws or regulations;
c. total loss of earning capacity or partial loss thereof in excess of a prescribed degree,
likely to be permanent, or corresponding loss of faculty; and
d. the loss of support suffered by the widow or child as the result of the death of the
breadwinner; in the case of a widow, the right to benefit may be made conditional on her
being presumed, in accordance with national laws or regulations, to be incapable of
self-support.
Article 33
The persons protected shall comprise prescribed classes of employees, constituting not
less than 50 per cent of all employees, and, for benefit in respect of death of the
breadwinner, also their wives and children.
Article 34
1. In respect of a morbid condition, the benefit shall be medical care as specified in
paragraphs 2 and 3 of this article.
2. The medical care shall comprise:
a. general practitioner and specialist in-patient care and out-patient care, including
domiciliary visiting;
b. dental care;
c. nursing care at home or in hospital or other medical institutions;
d. maintenance in hospitals, convalescent homes, sanatoria or other medical institutions;
e. dental, pharmaceutical and other medical or surgical supplies, including prosthetic
appliances, kept in repair, and eyeglasses; and
f. the care furnished by members of such other professions as may at any time be legally
recognised as allied to the medical profession, under the supervision of a medical or
dental practitioner.
3. The medical care provided in accordance with the preceding paragraphs shall be afforded
with a view to maintaining, restoring or improving the health of the person protected and
his ability to work and to attend to his personal needs.
Article 35
1. The institutions or government departments administering the medical care shall
co-operate, wherever appropriate, with the general vocational rehabilitation services,
with a view to the re-establishment of handicapped persons in suitable work.
2. National laws or regulations may authorise such institutions or departments to ensure
provision for the vocational rehabilitation of handicapped persons.
Article 36
1. In respect of incapacity for work, total loss of earning capacity likely to be
permanent, or corresponding loss of faculty, or the death of the breadwinner, the benefit
shall be a periodical payment calculated in such a manner as to comply either with the
requirements of Article 65 or with the requirements of Article 66.
2. In case of partial loss of earning capacity likely to be permanent, or corresponding
loss of faculty, the benefit, where payable, shall be a periodical payment representing a
suitable proportion of that specified for total loss of earning capacity or corresponding
loss of faculty.
3. The periodical payment may be commuted for a lump sum:
a. where the degree of incapacity is slight; or
b. where the competent authority is satisfied that the lump sum will be properly utilised.
Article 37
The benefit specified in Articles 34 and 36 shall, in a contingency covered, be secured
at least to a person protected who was employed on the territory of the Contracting Party
concerned at the time of the accident if the injury is due to accident or at the time of
contracting the disease if the injury is due to a disease and, for periodical payments in
respect of death of the breadwinner, to the widow and children of such person.
Article 38
The benefit specified in Articles 34 and 36 shall be granted throughout the
contingency, except that, in respect of incapacity for work, the benefit need not be paid
for the first three days in each case of suspension of earnings.
Part VII - Family benefit
Article 39
Each Contracting Party for which this part of the Code is in force shall secure to the
persons protected the provision of family benefit in accordance with the following
articles of this part.
Article 40
The contingency covered shall be responsibility for the maintenance of children as
prescribed.
Article 41
The persons protected shall comprise, as regards the periodical payments specified in
Article 42:
a. prescribed classes of employees, constituting not less than 50 per cent of all
employees; or
b. prescribed classes of the economically active population, constituting not less than 20
per cent of all residents.
Article 42
The benefit shall be:
a. a periodical payment granted to any person protected having completed the prescribed
qualifying period; or
b. the provision to or in respect of children of food, clothing, housing, holidays or
domestic help; or
c. a combination of the benefits provided for in sub-paragraphs a and b of this article.
Article 43
The benefit specified in Article 42 shall be secured at least to a person protected
who, within a prescribed period, has completed a qualifying period which may be one month
of contribution or employment, or six months of residence, as may be prescribed.
Article 44
The total value of the benefits granted in accordance with Article 42 to the persons
protected shall be such as to represent 1.5 per cent of the wage of an ordinary adult male
labourer as determined in accordance with the rules laid down in Article 66, multiplied by
the total number of children of all residents.
Article 45
Where the benefit consists of a periodical payment, it shall be granted throughout the
contingency.
Part VIII - Maternity benefit
Article 46
Each Contracting Party for which this part of the Code is in force shall secure to the
persons protected the provision of maternity benefit in accordance with the following
articles of this part.
Article 47
The contingencies covered shall include pregnancy and confinement and their
consequences, and suspension of earnings, as defined by national laws or regulations
resulting therefrom.
Article 48
The persons protected shall comprise:
a. all women in prescribed classes of employees, which classes constitute not less than 50
per cent of all employees, and, for maternity medical benefit, also the wives of men in
these classes; or
b. all women in prescribed classes of the economically active population, which classes
constitute not less than 20 per cent of all residents, and, for maternity medical benefit,
also the wives of men in these classes.
Article 49
1. In respect of pregnancy and confinement and their consequences, the maternity medical
benefit shall be medical care as specified in paragraphs 2 and 3 of this article.
2. The medical care shall include at least:
a. pre-natal, confinement and post-natal care either by medical practitioners or by
qualified midwives; and
b. hospitalisation where necessary.
c. The medical care specified in paragraph 2 of this article shall be afforded with a view
to maintaining, restoring or improving the health of the woman protected and her ability
to work and to attend to her personal needs.
d. The institutions or government departments administering the maternity medical benefit
shall, by such means as may be deemed appropriate, encourage the women protected to avail
themselves of the general health services placed at their disposal by the public
authorities or by other bodies recognised by the public authorities.
Article 50
In respect of suspension of earnings resulting from pregnancy and from confinement and
their consequences, the benefit shall be a periodical payment calculated in such a manner
as to comply either with the requirements of Article 65 or with the requirements of
Article 66. The amount of the periodical payment may vary in the course of the
contingency, subject to the average rate thereof complying with these requirements.
Article 51
The benefit specified in Articles 49 and 50 shall, in a contingency covered, be secured
at least to a woman in the classes protected who has completed such qualifying period as
may be considered necessary to preclude abuse, and the benefit specified in Article 49
shall also be secured to the wife of a man in the classes protected where the latter has
completed such qualifying period.
Article 52
The benefit specified in Articles 49 and 50 shall be granted throughout the
contingency, except that the periodical payment may be limited to 12 weeks, unless a
longer period of abstention from work is required or authorised by national laws or
regulations, in which event it may not be limited to a period less than such longer
period.
Part IX - Invalidity benefit
Article 53
Each Contracting Party for which this part of the Code is in force shall secure to the
persons protected the provision of invalidity benefit in accordance with the following
articles of this part.
Article 54
The contingency covered shall include inability to engage in any gainful activity, to
an extent prescribed, which inability is likely to be permanent or persists after the
exhaustion of sickness benefit.
Article 55
The persons protected shall comprise:
a. prescribed classes of employees, constituting not less than 50 per cent of all
employees; or
b. prescribed classes of the economically active population, constituting not less than 20
per cent of all residents; or
c. all residents whose means during the contingency do not exceed limits prescribed in such
a way as to comply with the requirements of Article 67.
Article 56
The benefit shall be a periodical payment calculated as follows:
a. where classes of employees or classes of the economically active population are
protected, in such a manner as to comply either with the requirements of Article 65 or
with the requirements of Article 66;
b. where all residents whose means during the contingency do not exceed prescribed limits
are protected, in such a manner as to comply with the requirements of Article 67.
Article 57
1. The benefit specified in Article 56 shall, in a contingency covered, be secured at
least:
a. to a person protected who has completed, prior to the contingency, in accordance with
prescribed rules, a qualifying period which may be 15 years of contribution or employment,
or 10 years of residence; or
b. where, in principle, all economically active persons are protected, to a person
protected who has completed a qualifying period of three years of contribution and in
respect of whom, while he was of working age, the prescribed yearly average number of
contributions has been paid.
2. Where the benefit referred to in paragraph 1 of this article is conditional upon a
minimum period of contribution or employment, a reduced benefit shall be secured at least:
a. to a person protected who has completed, prior to the contingency, in accordance with
prescribed rules, a qualifying period of five years of contribution or employment; or
b. where, in principle, all economically active persons are protected, to a person
protected who has completed a qualifying period of three years of contribution and in
respect of whom, while he was of working age, half the yearly average number of
contributions prescribed in accordance with paragraph 1.b of this article has been paid.
3. The requirements of paragraph 1 of this article shall be deemed to be satisfied where a
benefit calculated in conformity with the requirements of Part XI but at a percentage of
ten points lower than shown in the Schedule appended to that part for the standard
beneficiary concerned is secured at least to a person protected who has completed, in
accordance with prescribed rules, five years of contribution, employment or residence.
4. A proportional reduction of the percentage indicated in the Schedule appended to Part XI
may be effected where the qualifying period for the pension corresponding to the reduced
percentage exceeds five years of contribution or employment but is less than 15 years of
contribution or employment; a reduced benefit shall be payable in conformity with
paragraph 2 of this article.
Article 58
The benefit specified in Articles 56 and 57 shall be granted throughout the contingency
or until an old-age benefit becomes payable.
Part X - Survivors' benefit
Article 59
Each Contracting Party for which this part of the Code is in force shall secure to the
persons protected the provision of survivors' benefit in accordance with the following
articles of this part.
Article 60
1. The contingency covered shall include the loss of support suffered by the widow or child
as the result of the death of the breadwinner; in the case of a widow, the right to
benefit may be made conditional on her being presumed, in accordance with national laws or
regulations, to be incapable of self-support.
2. National laws or regulations may provide that the benefit of a person otherwise entitled
to it may be suspended if such person is engaged in any prescribed gainful activity or
that the benefit, if contributory, may be reduced where the earnings of the beneficiary
exceed a prescribed amount, and, if non-contributory, may be reduced where the earnings of
the beneficiary or his other means or the two taken together exceed a prescribed amount.
Article 61
The persons protected shall comprise:
a. the wives and the children of breadwinners in prescribed classes of employees, which
classes constitute not less than 50 per cent of all employees; or
b. the wives and the children of breadwinners in prescribed classes of the economically
active population, which classes constitute not less than 20 per cent of all residents; or
c. all resident widows and resident children who have lost their breadwinner and whose
means during the contingency do not exceed limits prescribed in such a manner as to comply
with the requirements of Article 67.
Article 62
The benefit shall be a periodical payment calculated as follows:
a. where the wives and children of breadwinners in classes of employees or classes of the
economically active population are protected, in such manner as to comply either with the
requirements of Article 65 or with the requirements of Article 66;
b. where all resident widows and resident children whose means during the contingency do
not exceed prescribed limits are protected, in such a manner as to comply with the
requirements of Article 67.
Article 63
1. The benefit specified in Article 62 shall, in a contingency covered, be secured at
least:
a. to a person protected whose breadwinner has completed, in accordance with prescribed
rules, a qualifying period which may be 15 years of contribution or employment, or 10
years of residence; or
b. where, in principle, the wives and children of all economically active persons are
protected, to a person protected whose breadwinner has completed a qualifying period of
three years of contribution and in respect of whose breadwinner, while he was of working
age, the prescribed yearly average number of contributions has been paid.
2. Where the benefit referred to in paragraph 1 of this article is conditional upon a minimum period of contribution or employment, a reduced benefit shall be secured at least:
a. to a person protected whose breadwinner has completed, in accordance with prescribed
rules, a qualifying period of five years of contribution or employment; or
b. where, in principle, the wives and children of all economically active persons are
protected, to a person protected whose breadwinner has completed a qualifying period of
three years of contribution and in respect of whose breadwinner, while he was of working
age, half the yearly average number of contributions prescribed in accordance with
paragraph 1.b of this article have been paid.
3. The requirements of paragraph 1 of this article shall be deemed to be satisfied where a
benefit calculated in conformity with the requirements of Part XI but at a percentage of
ten points lower than shown in the Schedule appended to that part for the standard
beneficiary concerned is secured at least to a person protected whose breadwinner has
completed, in accordance with prescribed rules, five years of contribution, employment or
residence.
4. A proportional reduction of the percentage indicated in the Schedule appended to Part XI
may be effected where the qualifying period for the benefit corresponding to the reduced
percentage exceeds five years of contribution or employment but is less than 15 years of
contribution or employment; a reduced benefit shall be payable in conformity with
paragraph 2 of this article.
5. In order that a childless widow presumed to be incapable of self-support may be entitled
to a survivor's benefit, a minimum duration of the marriage may be required.
Article 64
The benefit specified in Articles 62 and 63 shall be granted throughout the
contingency.
Part XI - Standards to be complied with by periodical payments
Article 65
1. In the case of a periodical payment to which this article applies, the rate of the
benefit, increased by the amount of any family allowances payable during the contingency,
shall be such as to attain, in respect of the contingency in question, for the standard
beneficiary indicated in the Schedule appended to this part, at least the percentage
indicated therein of the total of the previous earnings of the beneficiary or his
breadwinner and of the amount of any family allowances payable to a person protected with
the same family responsibilities as the standard beneficiary.
2. The previous earnings of the beneficiary or his breadwinner shall be calculated
according to prescribed rules, and, where the persons protected or their breadwinners are
arranged in classes according to their earnings, their previous earnings may be calculated
from the basic earnings of the classes to which they belonged.
3. A maximum limit may be prescribed for the rate of the benefit or for earnings taken into
account for the calculation of the benefit, provided that the maximum limit is fixed in
such a way that the provisions of paragraph 1 of this article are complied with, where the
previous earnings of the beneficiary or his breadwinner are equal to or lower than the
wage of a skilled manual male employee.
4. The previous earnings of the beneficiary or his breadwinner, the wage of the skilled
manual male employee, the benefit and any family allowances shall be calculated on the
same time basis.
5. For the other beneficiaries, the benefit shall bear a reasonable relation to the benefit
for the standard beneficiary.
6. For the purpose of this article, a skilled manual male employee shall be:
a. a fitter or turner in the manufacture of machinery other than electrical machinery; or
b. a person deemed typical of skilled labour selected in accordance with the provisions of
paragraph 7 of this article; or
c. a person whose earnings are equal to 125 per cent of the average earnings of all the
persons protected.
7. The person deemed typical of skilled labour for the purposes of paragraph 6.b of this article shall be a person employed in the major group of economic activities with the
largest number of economically active male persons protected in the contingency in
question, or of the breadwinners of the persons protected, as the case may be, in the
division comprising the largest number of such persons or breadwinners; for this purpose,
the international standard industrial classification of all economic activities, adopted
by the Economic and Social Council of the United Nations at its Seventh Session on 27th
August 1948, and reproduced in Addendum 1 to this Code, or
such classification as at any time amended, shall be used.
8. Where the rate of benefit varies by region, the skilled manual male employee may be
determined for each region in accordance with paragraphs 6 and 7 of this article.
9. The wage of the skilled manual male employee selected in accordance with paragraph 6.a
and b of this article shall be determined on the basis of the rates of wages for normal
hours of work fixed by collective agreements, by or in pursuance of national laws or
regulations, where applicable, or by custom, including cost-of-living allowances if any;
where such rates differ by region but paragraph 8 of this article is not applied, the
median rate shall be taken.
10. The rates of current periodical payments in respect of old age, employment injury
(except in case of incapacity for work), invalidity and death of breadwinner, shall be
reviewed following substantial changes in the general level of earnings where these result
from substantial changes in the cost of living.
Article 66
1. In the case of a periodical payment to which this article applies, the rate of the
benefit, increased by the amount of any family allowance payable during the contingency,
shall be such as to attain, in respect of the contingency in question, for the standard
beneficiary indicated in the Schedule appended to this part, at least the percentage
indicated therein of the total of the wage of an ordinary adult male labourer and of the
amount of any family allowances payable to a person protected with the same family
responsibilities as the standard beneficiary.
2. The wage of the ordinary adult male labourer, the benefit and any family allowances
shall be calculated on the same time basis.
3. For the other beneficiaries, the benefit shall bear a reasonable relation to the benefit
for the standard beneficiary.
4. For the purpose of this article, the ordinary adult male labourer shall be:
a. a person deemed typical of unskilled labour in the manufacture of machinery other than
electrical machinery; or
b. a person deemed typical of unskilled labour selected in accordance with the provisions
of the following paragraph.
5. The person deemed typical of unskilled labour for the purpose of paragraph 4.b of this
article shall be a person employed in the major group of economic activities with the
largest number of economically active male persons protected in the contingency in
question, or of the breadwinners of the persons protected, as the case may be, in the
division comprising the largest number of such persons or breadwinners; for this purpose
the international standard industrial classification of all economic activities, adopted
by the Economic and Social Council of the United Nations at its Seventh Session on 27th
August 1948, and reproduced in Addendum 1 to this Code, or
such classification as at any time amended, shall be used.
6. Where the rate of benefit varies by region, the ordinary adult male labourer may be
determined for each region in accordance with paragraphs 4 and 5 of this article.
7. The wage of the ordinary adult male labourer shall be determined on the basis of the
rates of wages for normal hours of work fixed by collective agreements, by or in pursuance
of national laws or regulations, where applicable, or by custom, including cost-of-living
allowances if any; where such rates differ by region but paragraph 6 of this article is
not applied, the median rate shall be taken.
8. The rates of current periodical payments in respect of old age, employment injury
(except in case of incapacity for work), invalidity and death of breadwinner, shall be
reviewed following substantial changes in the general level of earnings where these result
from substantial changes in the cost of living.
Article 67
In the case of a periodical payment to which this article applies:
a. the rate of the benefit shall be determined according to a prescribed scale or a scale
fixed by the competent public authority in conformity with prescribed rules;
b. such rate may be reduced only to the extent by which the other means of the family of
the beneficiary exceed prescribed substantial amounts or substantial amounts fixed by the
competent public authority in conformity with prescribed rules;
c. the total of the benefit and any other means, after deduction of the substantial amounts
referred to in sub-paragraph b of this article, shall be sufficient to maintain the family
of the beneficiary in health and decency, and shall be not less than the corresponding
benefit calculated in accordance with the requirements of Article 66;
d. the provisions of sub-paragraph c of this article shall be deemed to be satisfied if the
total amount of benefits paid under the part concerned exceeds, by at least 30 per cent,
the total amount of benefits which would be obtained by applying the provisions of Article
66 and the provisions of:
i. Article 15.b for Part III;
ii. Article 27.b for Part V;
iii. Article 55.b for Part IX;
iv. Article 61.b for Part X.
Schedule to Part XI
Periodical payments to standard beneficiaries
|
Part
|
Contingency
|
Standard beneficiary
|
Percentage
|
|
|
|
|
|
|
III
|
Sickness
|
Man with wife and two children
|
45
|
|
IV
|
Unemployment
|
Man with wife and two children
|
45
|
|
V
|
Old age
|
Man with wife old pensionable age
|
40
|
|
VI
|
Employment injury:
- Incapacity for work
- Total loss of earning capacity
- Survivors
|
Man with wife and two children
Man with wife and two children
Widow with two children
|
50
50
40
|
|
VIII
|
Maternity
|
Woman
|
45
|
|
IX
|
Invalidity
|
Man with wife and two children
|
40
|
|
X
|
Survivors
|
Widow with two children
|
40
|
Part XII - Common provisions
Article 68
A benefit to which a person protected would otherwise be entitled in compliance with
any of Parts II to X of this Code may be suspended to such extent as may be prescribed:
a. as long as the person concerned is absent from the territory of the Contracting Party
concerned;
b. as long as the person concerned is maintained at public expense, or at the expense of a
social security institution or service, subject to a portion of the benefit being granted
to the dependants of the beneficiary;
c. as long as the person concerned is in receipt of another social security cash benefit,
other than a family benefit, and during any period in respect of which he is indemnified
for the contingency by a third party, subject to the part of the benefit which is
suspended not exceeding the other benefit or the indemnity by a third party;
d. where the person concerned has made a fraudulent claim;
e. where the contingency has been caused by a criminal offence committed by the person
concerned;
f. where the contingency has been caused by the wilful misconduct of the person concerned;
g. in appropriate cases, where the person concerned neglects to make use of the medical or
rehabilitation services placed at his disposal or fails to comply with rules prescribed
for verifying the occurrence or continuance of the contingency or for the conduct of the
beneficiaries;
h. in the case of unemployment benefit, where the person concerned has failed to make use
of the employment services placed at his disposal;
i. in the case of unemployment benefit, where the person concerned has lost his employment
as a direct result of a stoppage of work due to a trade dispute, or has left it
voluntarily without just cause; and
j. in the case of survivors' benefit, as long as the widow is living with a man as his
wife.
Article 69
1. Every claimant shall have a right of appeal in case of refusal of the benefit or
complaint as to its quality or quantity.
2. Where in the application of this Code a government department responsible to a
legislature is entrusted with the administration of medical care, the right of appeal
provided for in paragraph 1 of this article may be replaced by a right to have a complaint
concerning the refusal of medical care or the quality of the care received investigated by
the appropriate authority.
3. Where a claim is settled by a special tribunal established to deal with social security
questions and on which the persons protected are represented, no right of appeal shall be
required.
Article 70
1. The cost of the benefits provided in compliance with this Code and the cost of the
administration of such benefits shall be borne collectively by way of insurance
contributions or taxation or both in a manner which avoids hardship to persons of small
means and takes into account the economic situation of the Contracting Party concerned and
of the classes of persons protected.
2. The total of the insurance contributions borne by the employees protected shall not
exceed 50 per cent of the total of the financial resources allocated to the protection of
employees and their wives and children. For the purpose of ascertaining whether this
condition is fulfilled, all the benefits provided by the Contracting Party concerned in
compliance with this Code, except family benefit and, if provided by a special branch,
employment injury benefit, may be taken together.
3. The Contracting Party concerned shall accept general responsibility for the due
provision of the benefits provided in compliance with this Code, and shall take all
measures required for this purpose; it shall ensure, where appropriate, that the necessary
actuarial studies and calculations concerning financial equilibrium are made periodically
and, in any event, prior to any change in benefits, the rate of insurance contributions,
or the taxes allocated to covering the contingencies in question.
Article 71
1. Where the administration is not entrusted to a government department responsible to a
legislature, representatives of the persons protected shall participate in the management,
or be associated therewith in a consultative capacity, under prescribed conditions;
national laws or regulations may likewise decide as to the participation of
representatives of employers and of the public authorities.
2. The Contracting Party concerned shall accept general responsibility for the proper
administration of the institutions and services concerned in the application of this Code.
Part XIII - Miscellaneous provisions
Article 72
This Code shall not apply to:
a. contingencies which occurred before the coming into force of the relevant part of the
Code for the Contracting Party concerned;
b. benefits in contingencies occurring after the coming into force of the relevant part of
the Code for the Contracting Party concerned in so far as the rights to such benefits are
derived from periods preceding that date.
Article 73
The Contracting Parties shall endeavour to conclude a special instrument governing
questions relating to social security for foreigners and migrants, particularly with
regard to equality of treatment with their own nationals and to the maintenance of
acquired rights and rights in course of acquisition.
Article 74
1. Each Contracting Party shall submit to the Secretary General an annual report concerning
the application of this Code. This report shall include:
a. full information concerning the laws and regulations by which effect is given to the
provisions of this Code covered by the ratification; and
b. evidence of compliance with the statistical conditions specified in:
i. Articles 9.a, b or c; 15.a or b; 21.a; 27.a or b; 33; 41.a or b; 48.a or b; 55.a or b;
61.a or b, as regards the number of persons protected;
ii. Articles 44, 65, 66 or 67, as regards the rates of benefit;
iii. Article 24, paragraph 2, as regards duration of unemployment benefit; and
iv. Article 70, paragraph 2, as regards the proportion of the financial resources
constituted by the insurance contributions of employees protected.
Such evidence shall as far as possible be presented in such general order and manner as
may be suggested by the Committee.
2. Each Contracting Party shall furnish to the Secretary General, if so requested by him,
further information of the manner in which it has implemented the provisions of the Code
covered by its ratification.
3. The Committee of Ministers may authorise the Secretary General to transmit to the
Consultative Assembly copies of the report and further information submitted in accordance
with paragraphs 1 and 2 of this article respectively.
4. The Secretary General shall send to the Director General of the International Labour
Office the report and further information submitted in accordance with paragraphs 1 and 2
of this article respectively, and shall request the latter to consult the appropriate body
of the International Labour Organisation with regard to the said report and further
information and to transmit to the Secretary General the conclusions reached by such body.
5. Such report and further information and the conclusions of the body of the International
Labour Organisation referred to in paragraph 4 of this article shall be examined by the
Committee which shall submit to the Committee of Ministers a report containing its
conclusions.
Article 75
1. After consulting the Consultative Assembly, if it considers it appropriate, the
Committee of Ministers shall, by a two-thirds majority in accordance with Article 20,
paragraph d, of the Statute of the Council of Europe, decide whether each Contracting
Party has complied with the obligations of this Code which it has accepted.
2. If the Committee of Ministers considers that a Contracting Party is not complying with
its obligations under this Code, it shall invite the said Contracting Party to take such
measures as the Committee of Ministers considers necessary to ensure such compliance.
Article 76
Each Contracting Party shall report every two years to the Secretary General on the
state of its law and practice in regard to any of Parts II to X of the Code which such
Contracting Party has not specified in its ratification of the Code pursuant to Article 3
or in a notification made subsequently pursuant to Article 4.
Part XIV - Final provisions
Article 77
1. This Code shall be open to signature by the member States of the Council of Europe. It
shall be subject to ratification. Instruments of ratification shall be deposited with the
Secretary General, provided that the Committee of Ministers in appropriate cases has
previously given an affirmative decision as provided for in Article 78, paragraph 4.
2. This Code shall enter into force one year after the date of the deposit of the third
instrument of ratification.
3. As regards any Signatory ratifying subsequently, this Code shall enter into force one
year after the date of deposit of its instruments of ratification.
Article 78
1. Any Signatory wishing to avail itself of the provisions of Article 2, paragraph 2,
shall, before ratification, submit to the Secretary General a report showing to what
extent its system of Social Security is in conformity with the provisions of this Code.
Such report shall include a statement of:
a. the relevant laws and regulations; and
b. evidence of compliance with the statistical conditions specified in:
i. Articles 9.a, b or c; 15.a or b; 21.a; 27.a or b; 33; 41.a or b; 48.a or b; 55.a or b;
61.a or b, as regards the number of persons protected;
ii. Articles 44, 65, 66 or 67, as regards the rates of benefits;
iii. Article 24, paragraph 2, as regards duration of unemployment benefit; and
iv. Article 70, paragraph 2, as regards the proportion of the financial resources
constituted by the insurance contributions of employees protected; and
c. all elements which the Signatory wishes to be taken into account, in accordance with
Article 2, paragraphs 2 and 3.
Such evidence shall, as far as possible, be presented in such general order and manner
as may be suggested by the Committee.
2. The Signatory shall furnish to the Secretary General, if so requested by him, further
information on the manner in which its system of Social Security is in conformity with the
provisions of this Code.
3. Such report and further information shall be examined by the Committee which shall take
into account the provisions of Article 2, paragraph 3. The Committee shall submit to the
Committee of Ministers a report containing its conclusions.
4. The Committee of Ministers shall, by a two-thirds majority in accordance with Article
20, paragraph d, of the Statute of the Council of Europe, decide whether the system of
Social Security of such Signatory is in conformity with the requirements of this Code.
5. If the Committee of Ministers decides that the said Social Security scheme is not in
conformity with the provisions of this Code, it shall so inform the Signatory concerned
and may make recommendations as to how such conformity may be effected.
Article 79
1. After the entry into force of this Code, the Committee of Ministers may invite any
non-member State of the Council of Europe to accede to the Code. The accession of such
State shall be subject to the same conditions and procedure as laid down in the Code with
regard to ratification.
2. A State shall accede to this Code by depositing an instrument of accession with the
Secretary General. The Code shall come into force for any State so acceding one year after
the date of deposit of its instrument of accession.
3. The obligations and rights of an acceding State shall be the same as those provided for
in this Code for a Signatory which has ratified the Code.
Article 80
1. This Code shall apply to the metropolitan territory of each Contracting Party. Each
Contracting Party may, at the time of signature or of the deposit of its instrument of
ratification or accession, specify, by declaration addressed to the Secretary General, the
territory which shall be considered to be its metropolitan territory for this purpose.
2. Each Contracting Party ratifying the Code or each acceding State may, at the time of
deposit of its instrument of ratification or accession, or at any time thereafter, notify
the Secretary General that this Code shall, in whole or in part and subject to any
modifications specified in the notification, extend to any part of its metropolitan
territory not specified under paragraph 1 of this article or to any of the other
territories for whose international relations it is responsible. Modifications specified
in such notification may be cancelled or amended by subsequent notification.
3. Any Contracting Party may, at such time as it can denounce the Code in accordance with
Article 81, notify the Secretary General that the Code shall cease to apply to any part of
its metropolitan territory or to any of the other territories to which the Code has been
extended by it in accordance with paragraph 2 of this article.
Article 81
Each Contracting Party may denounce the Code or any one or more of Parts II to X
thereof only at the end of a period of five years from the date on which the Code entered
into force for such Contracting Party, or at the end of any successive period of five
years, and in each case after giving one year's notice to the Secretary General. Such
denunciation shall not affect the validity of the Code in respect of the other Contracting
Parties, provided that at all times there are not less than three such Contracting
Parties.
Article 82
The Secretary General shall notify the member States of the Council of Europe, the
government of any acceding State and the Director General of the International Labour
Office:
i. of the date of entry into force of this Code and the names of any members who ratify it;
ii. of the deposit of any instrument of accession in accordance with Article 79 and of such
notifications as are received with it;
iii. of any notification received in accordance with Articles 4 and 80; or
iii. of any notice received in accordance with Article 81.
Article 83
The Annex to this Code shall form an integral part of it.
In witness whereof the undersigned, being duly authorised thereto, have signed this
Protocol.
Done at Strasbourg, this 16th day of April 1964, in French and English, both texts being
equally authoritative, in a single copy which shall remain deposited in the archives of
the Council of Europe, and of which the Secretary General shall send certified copies to
each of the signatory and acceding States and to the Director General of the International
Labour Office.
ANNEX
Article 68.i
It shall be understood that Article 68.i of this Code is to be interpreted in
accordance with the national legislation of each Contracting Party.
ADDENDUM 1
International standard industrial classification of all economic activities
List of divisions and major groups
Division 0 - Agriculture, forestry, hunting and
fishing:
01. Agriculture and livestock production
02. Forestry and logging
03. Hunting, trapping and game propagation
04. Fishing
Division 1 - Mining and quarrying:
11. Coal mining
12. Metal mining
13. Crude petroleum and natural gas
14. Sone quarrying, clay and sand pits
19. Non-metallic mining and quarrying not elsewhere classified
Divisions 2-3 - Manufacturing:
20. Food manufacturing industries, except beverage industries
21. Beverage industries
22. Tobacco manufactures
23. Manufacture of textiles
24. Manufacture of footwear, other wearing apparel and made-up textile goods
25. Manufacture of wood and cork, except manufacture of furniture
26. Manufacture of furniture and fixtures
27. Manufacture of paper and paper products
28. Printing, publishing and allied industries
29. Manufacture of leather and leather products, except footwear
30. Manufacture of rubber products
31. Manufacture of chemicals and chemical products
32. Manufacture of products of petroleum and coal
33. Manufacture of non-metallic mineral products, except products of petroleum and
coal
34. Basic metal industries
35. Manufacture of metal products, except machinery and transport equipment
36. Manufacture of machinery, except electrical machinery
37. Manufacture of electrical machinery, apparatus, appliances and supplies
38. Manufacture of transport equipment
39. Miscellaneous manufacturing industries
Division 4 - Construction:
40. Construction
Division 5 - Electricity, gas, water and sanitary services:
51. Electricity, gas and steam
52. Water and sanitary services
Division 6 - Commerce:
61. Wholesale and retail trade
62. Banks and other financial institutions
63. Insurance
64. Real estate
Division 7 - Transport, storage and communications:
71. Transport
72. Storage and warehousing
73. Communications
Division 8 - Services:
81. Government services
82. Community and business services
83. Recreation services
84. Personal services
Division 9 - Activities not adequately described:
90. Activities not adequately described.
ADDENDUM 2
Supplementary services or advantages
Part II - Medical care
1. Care outside hospital wards by general practitioners and specialists, including
domiciliary visiting, without limit of duration, provided that the beneficiary or his
breadwinner may be required to share in the cost of the care received to the extent of 25
per cent.
2. Essential pharmaceutical supplies, without limit of duration, provided that the
beneficiary or his breadwinner may be required to share in the cost of the care received
to the extent of 25 per cent.
3. Hospital care, including maintenance, care by general practitioners or specialists, as
required, and all auxiliary services required in respect of prescribed diseases requiring
prolonged care, including tuberculosis, for a duration which may not be limited to less
than 52 weeks per case.
4. Conservative dental care, provided that the beneficiary or his breadwinner may be
required to share in the cost of the care received to the extent of one-third.
5. Where cost-sharing takes the form of a fixed sum in respect of each case of treatment or
each prescription of pharmaceutical supplies, the total of such payments made by all
persons protected in respect of any one of the types of care referred to in Items 1, 2 or
4 above shall not exceed the specified percentage of the total cost of that type of care
within a given period.
Part III - Sickness benefit
6. Sickness benefit at the rate specified in Article 16 of this Code, for a
duration which may not be limited to less than 52 weeks per case.
Part IV - Unemployment benefit
7. Unemployment benefit at the rate specified in Article 22 of this Code, for a
duration which may not be limited to less than 21 weeks within a period of 12 months.
Part V - Old age benefit
8. Old age benefit at a rate of at least 50 per cent of the benefit specified in
Article 28:
a. under Article 29, paragraph 2, or, where the benefit specified in Article 28 is
conditional upon a period of residence and the Contracting Party concerned does not avail
itself of Article 29, paragraph 3, after ten years of residence; and
b. under Article 29, paragraph 5, subject to prescribed conditions regarding the previous
economic activity of the person protected.
Part VII - Family benefit
9. Family benefit in cash, in the form of periodical payments, until the eligible
child continuing its education attains a prescribed age which may not be less than 16
years.
Part VIII - Maternity benefit
10. Provision of maternity benefit without qualifying period.
Part IX - Invalidity benefit
11. Invalidity benefit at a rate of at least 50 per cent of the benefit specified
in Article 56:
a. under Article 57, paragraph 2, or, where the benefit specified in Article 56 is
conditional upon a period of residence and the Contracting Party concerned does not avail
itself of Article 57, paragraph 3, after five years of residence; and
b. for a person protected who, by reason only of his advanced age when the provisions
concerned in the application of this part come into force, has not satisfied the
conditions prescribed in accordance with Article 57, paragraph 2, subject to prescribed
conditions regarding the previous economic activity of the person protected.
Part X - Survivors' benefit
12. Survivors' benefit at a rate of at least 50 per cent of the benefit specified
in Article 62:
a. under Article 63, paragraph 2, or, where the benefit specified in Article 62 is
conditional upon a period of residence, and the Contracting Party concerned does not avail
itself of Article 63, paragraph 3, after five years of residence; and
b. for persons protected whose breadwinner had not satisfied the conditions prescribed in
accordance with Article 63, paragraph 2, by reason only of his advanced age when the
provisions concerned in the application of this part came into force, subject to
prescribed conditions regarding the previous economic activity of the breadwinner.
Parts II, III or X
13. Funeral benefit amounting to:
i. twenty times the daily previous earnings of the person protected which serve, or would
have served, for the calculation of the survivors' benefit or sickness benefit, as the
case may be, provided that the total benefit need not exceed twenty times the daily wage
of the skilled male manual employee, determined in accordance with the provisions of
Article 65; or
ii. twenty times the daily wage of the ordinary adult male labourer, determined in
accordance with the provisions of Article 66.
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