CONVENTION No. 130 Convention concerning Medical Care and SicknessBenefits
CONVENTION No. 130 Convention concerning Medical Care and SicknessBenefits
[Date of coming into force: 27 May 1972.]
Whole document
The General Conference of the International Labour Organization,
Having been convened at Geneva by the Governing Body of the
International Labour Office, and having met in its Fifty-third Session on
4 June 1969, and
Having decided upon the adoption of certain proposals with regard to
the revision of the Sickness Insurance (Industry) Convention, 1927, and
the Sickness Insurance (Agriculture) Convention, 1927, which is the fifth
item on the agenda of the session, and
Having determined that these proposals shall take the form of an
international Convention, adopts this twenty-fifth day of June of the
year one thousand nine hundred and sixty-nine the following Convention,
which may be cited as the Medical Care and Sickness Benefits Convention,
1969:
PART I. GENERAL PROVISIONS
Article 1
In this Convention-
(a) the term "legislation" includes any social security rules as
well as laws and regulations;
(b) the term "prescribed" means determined by or in virtue of
national legislation;
(c) the term "industrial undertaking" includes all undertakings in
the following branches of economic activity: mining and quarrying;
manufacturing; construction; electricity, gas and water; and transport,
storage and communication;
(d) the term "residence" means ordinary residence in the territory
of the Member and the term "resident" means a person ordinarily resident
in the territory of the Member;
(e) the term "dependent" refers to a state of dependency which is
presumed to exist in prescribed cases;
(f) the term "wife" means a wife who is dependent on her husband;
(g) the term "child" covers-
(i) a child under school-leaving age or under 15 years of age,
whichever is the higher: Provided that a Member which has made a
declaration under Article 2 may, while such declaration is in force, apply
the Convention as if the term covered a child under school-leaving age or
under 15 years of age; and
(ii) a child under a prescribed age higher than that specified
in clause (i) of this subparagraph and who is an apprentice or student or
has a chronic illness or infirmity disabling him for any gainful activity,
under prescribed conditions: Provided that this requirement shall be
deemed to be met where national legislation defines the term so as to
cover any child under an age appreciably higher than that specified in
clause (i) of this subparagraph;
(h) the term "standard beneficiary" means a man with a wife and
two children;
(i) the term "qualifying period" means a period of contribution,
or a period of employment, or a period of residence, or any combination
thereof, as may be prescribed;
(j) the term "sickness" means any morbid condition, whatever its
cause;
(k) the term "medical care" includes allied benefits.
Article 2
1. A Member whose economy and medical facilities are insufficiently
developed may avail itself, by a declaration accompanying its
ratification, of the temporary exceptions provided for in Article 1,
subparagraph (g), clause (i); Article 11; Article 14; Article 20; and
Article 26, paragraph 2. Any such declaration shall state the reason for
such exceptions.
2. Each Member which has made a declaration under paragraph 1 of this
Article shall include in its reports upon the application of this
Convention submitted under article 22 of the Constitution of the
International Labour Organization a statement in respect of each exception
of which it avails itself-
(a) that its reason for doing so subsists; or
(b) that it renounces its right to avail itself of the exception
in question as from a stated date.
3. Each Member which has made a declaration under paragraph 1 of this
Article shall, as appropriate to the terms of such declaration and as
circumstances permit-
(a) increase the number of persons protected;
(b) extend the range of medical care provided;
(c) extend the duration of sickness benefit.
Article 3
1. Any Member whose legislation protects employees may, by a
declaration accompanying its ratification, temporarily exclude from the
application of this Convention the employees in the sector comprising
agricultural occupations who, at the time of the ratification, are not yet
protected by legislation which is in conformity with the standards of this
Convention.
2. Each Member which has made a declaration under paragraph 1 of this
Article shall indicate in its reports upon the application of this
Convention submitted under Article 22 of the Constitution of the
International Labour Organization to what extent effect is given and what
effect is proposed to be given to the provisions of the Convention in
respect of the employees in the sector comprising agricultural occupations
and any progress which may have been made with a view to the application
of the Convention to such employees or, where there is no change to
report, shall furnish all the appropriate explanations.
3. Each Member which has made a declaration under paragraph 1 of this
Article shall increase the number of employees protected in the sector
comprising agricultural occupations to the extent and with the speed that
the circumstances permit.
Article 4
1. Any Member which ratifies this Convention may, by a declaration
accompanying its ratification, exclude from the application of the
Convention-
(a) seafarers, including sea fishermen,
(b) public servants,
where these categories are protected by special schemes which
provide in the aggregate benefits at least equivalent to those required by
this Convention.
2. Where a declaration under paragraph 1 of this Article is in force,
the Member may-
(a) exclude the persons belonging to the category or categories
excluded from the application of the Convention from the number of persons
taken into account when calculating the percentages specified in Article
5, subparagraph (c); Article 10, subparagraph (b); Article 11; Article 19,
subparagraph (b); and Article 20;
(b) exclude the persons belonging to the category or categories
excluded from the application of the Convention, as well as the wives and
children of such persons, from the number of persons taken into account
when calculating the percentage specified in Article 10, subparagraph (c).
3. Any Member which has made a declaration under paragraph 1 of this
Article may subsequently notify the Director-General of the International
Labour Office that it accepts the obligations of this Convention in
respect of a category or categories excluded at the time of its
ratification.
Article 5
Any Member whose legislation protects employees may, as necessary,
exclude from the application of this Convention-
(a) persons whose employment is of a casual nature;
(b) members of the employer's family living in his house, in
respect of their work for him;
(c) other categories of employees, which shall not exceed in
number 10 per cent of all employees other than those excluded under
subparagraphs (a) and (b) of this Article.
Article 6
For the purpose of compliance with this Convention, a Member may take
account of protection effected by means of insurance which, although not
made compulsory by its legislation at the time of ratification for the
persons to be protected-
(a) is supervised by the public authorities or administered, in
accordance with prescribed standards, by joint operation of employers and
workers;
(b) covers a substantial proportion of the persons whose earnings
do not exceed those of the skilled manual male employee defined in Article
22, paragraph 6; and
(c) complies, in conjunction with other forms of protection, where
appropriate, with the provisions of the Convention.
Article 7
The contingencies covered shall include-
(a) need for medical care of a curative nature and, under
prescribed conditions, need for medical care of a preventive nature;
(b) incapacity for work resulting from sickness and involving
suspension of earnings, as defined by national legislation.
PART II. MEDICAL CARE
Article 8
Each Member shall secure to the persons protected, subject to
prescribed conditions, the provision of medical care of a curative or
preventive nature in respect of the contingency referred to in
subparagraph (a) of Article 7.
Article 9
The medical care referred to in Article 8 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 10
The persons protected in respect of the contingency referred to in
subparagraph (a) of Article 7 shall comprise-
(a) all employees, including apprentices, and the wives and
children of such employees; or
(b) prescribed classes of the economically active population,
constituting not less than 75 per cent of the whole economically active
population, and the wives and children of persons in the said classes; or
(c) prescribed classes of residents constituting not less than 75
per cent of all residents.
Article 11
Where a declaration made in virtue of Article 2 is in force, the
persons protected in respect of the contingency referred to in
subparagraph (a) of Article 7 shall comprise-
(a) prescribed classes of employees, constituting not less than 25
per cent of all employees, and the wives and children of employees in the
said classes; or
(b) prescribed classes of employees in industrial undertakings,
constituting not less than 50 per cent of all employees in industrial
undertakings, and the wives and children of employees in the said classes.
Article 12
Persons who are in receipt of a social security benefit for
invalidity, old age, death of the breadwinner or unemployment, and, where
appropriate, the wives and children of such persons, shall continue to be
protected, under prescribed conditions, in respect of the contingency
referred to in subparagraph (a) of Article 7.
Article 13
The medical care referred to in Article 8 shall comprise at least-
(a) general practitioner care, including domiciliary visiting;
(b) specialist care at hospitals for in-patients and out-patients,
and such specialist care as may be available outside hospitals;
(c) the necessary pharmaceutical supplies on prescription by
medical or other qualified practitioners;
(d) hospitalisation where necessary;
(e) dental care, as prescribed; and
(f) medical rehabilitation, including the supply, maintenance and
renewal of prosthetic and orthopaedic appliances, as prescribed.
Article 14
Where a declaration made in virtue of Article 12 is in force, the
medical care referred to in Article 8 shall comprise at least-
(a) general practitioner care, including, wherever possible,
domiciliary visiting;
(b) specialist care at hospitals for in-patients and out-patients,
and, wherever possible, such specialist care as may be available outside
hospitals;
(c) the necessary pharmaceutical supplies on prescription by
medical or other qualified practitioners; and
(d) hospitalisation where necessary.
Article 15
Where the legislation of a Member makes the right to the medical care
referred to in Article 8 conditional upon the fulfilment of a qualifying
period by the person protected or by his breadwinner, the conditions
governing the qualifying period shall be such as not to deprive of the
right to benefit persons who normally belong to the categories of persons
protected.
Article 16
1. The medical care referred to in Article 8 shall be provided
throughout the contingency.
2. Where a beneficiary ceases to belong to the categories of persons
protected, further entitlement to medical care for a case of sickness
which started while he belonged to the said categories may be limited to a
prescribed period which shall not be less than 26 weeks: Provided that the
medical care shall not cease while the beneficiary continues to receive a
sickness benefit.
3. Notwithstanding the provisions of paragraph 2 of this Article, the
duration of medical care shall be extended for prescribed diseases
recognised as entailing prolonged care.
Article 17
Where the legislation of a Member requires the beneficiary or his
breadwinner to share in the cost of the medical care referred to in
Article 8, the rules concerning such cost sharing shall be so designed as
to avoid hardship and not to prejudice the effectiveness of medical and
social protection.
PART III. SICKNESS BENEFIT
Article 18
Each Member shall secure to the persons protected, subject to
prescribed conditions, the provision of sickness benefit in respect of the
contingency referred to in subparagraph (b) of Article 7.
Article 19
The persons protected in respect of the contingency specified in
subparagraph (b) of Article 7 shall comprise-
(a) all employees, including apprentices; or
(b) prescribed classes of the economically active population,
constituting not less than 75 per cent of the whole economically active
population; or
(c) all residents whose means during the contingency do not exceed
limits prescribed in such a manner as to comply with the requirements of
Article 24.
Article 20
Where a declaration made in virtue of Article 2 is in force, the
persons protected in respect of the contingency referred to in
subparagraph (b) of Article 7 shall comprise-
(a) prescribed classes of employees, constituting not less than 25
per cent of all employees; or
(b) prescribed classes of employees in industrial undertakings,
constituting not less than 50 per cent of all employees in industrial
undertakings.
Article 21
The sickness benefit referred to in Article 18 shall be a periodical
payment and shall-
(a) where employees or classes of the economically active
population are protected, be calculated in such a manner as to comply
either with the requirements of Article 22 of with the requirements of
Article 23;
(b) where all residents whose means during the contingency do not
exceed prescribed limits are protected, be calculated in such a manner as
to comply with the requirements of Article 24.
Article 22
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 for the
standard beneficiary, in respect of the contingency referred to in
subparagraph (b) of Article 7, at least 60 per cent of the total of the
previous earnings of the beneficiary 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 shall be calculated
according to prescribed rules, and, where the persons protected 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 the 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 are equal to or lower than the wage of a
skilled manual male employee.
4. The previous earnings of the beneficiary, 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 the following paragraph; or
(c) a person whose earnings are such as to be equal to or greater
than the earnings of 75 per cent of all the persons protected, such
earnings to be determined on the basis of annual or shorter periods as may
be prescribed; or
(d) 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
subparagraph (b) of the preceding paragraph 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 referred to
in subparagraph (b) of Article 7 in the division comprising the largest
number of such persons; 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 27 August 1948, as amended up to 1968 and reproduced in the Annex to
this Convention, or such classification as at any time further 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 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 legislation, 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.
Article 23
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 for the
standard beneficiary, in respect of the contingency referred to in
subparagraph (b) of Article 7, at least 60 per cent 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
subparagraph (b) of the preceding paragraph 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 referred to
in subparagraph (b) of Article 7 in the division comprising the largest
number of such persons; 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 27 August 1948, as amended up to 1968 and reproduced in the Annex to
this Convention, or such classification as at any time further 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 legislation, 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.
Article 24
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 subparagraph (b), 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 23;
(d) the provisions of subparagraph (c) shall be deemed to be
satisfied if the total amount of sickness benefits paid under this
Convention exceeds by at least 30 per cent the total amount of benefits
which would be obtained by applying the provisions of Article 23 and the
provisions of subparagraph (b) of Article 19.
Article 25
Where the legislation of a Member makes the right to the sickness
benefit referred to in Article 18 conditional upon the fulfilment of a
qualifying period by the person protected, the conditions governing the
qualifying period shall be such as not to deprive of the right to benefit
persons who normally belong to the categories of persons protected.
Article 26
1. The sickness benefit referred to in Article 18 shall be granted
throughout the contingency: Provided that the grant of benefit may be
limited to not less than 52 weeks in each case of incapacity, as
prescribed.
2. Where a declaration made in virtue of Article 2 is in force, the
grant of the sickness benefit referred to in Article 18 may be limited to
not less than 26 weeks in each case of incapacity, as prescribed.
3. Where the legislation of a Member provides that sickness benefit is
not payable for an initial period of suspension of earnings, such period
shall not exceed three days.
Article 27
1. In the case of the death of a person who was in receipt of, or
qualified for, the sickness benefit referred to in Article 18, a funeral
benefit shall, under prescribed conditions, be paid to his survivors, to
any other dependants or to the person who has borne the expense of the
funeral.
2. A member may derogate from the provision of paragraph 1 of this
Article where-
(a) it has accepted the obligations of Part IV of the Invalidity,
Old-Age and Survivors' Benefits Convention, 1967;
(b) it provides in its legislation for cash sickness benefit at a
rate of not less than 80 per cent of the earnings of the persons
protected; and
(c) the majority of persons protected are covered by voluntary
insurance which is supervised by the public authorities and which provides
a funeral grant.
PART IV. COMMON PROVISIONS
Article 28
1. A benefit to which a person protected would otherwise be entitled
in compliance with this Convention may be suspended to such extent as may
be prescribed-
(a) as long as the person concerned is absent from the territory
of the Member;
(b) as long as the person concerned is being indemnified for the
contingency by a third party, to the extent of the indemnity;
(c) where the person concerned has made a fraudulent claim;
(d) where the contingency has been caused by a criminal offence
committed by the person concerned;
(e) where the contingency has been caused by the serious and
wilful misconduct of the person concerned;
(f) where the person concerned, without good cause, neglects to
make use of the medical care or the 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
beneficiaries;
(g) in the case of the sickness benefit referred to in Article 18,
as long as the person concerned is maintained at public expense or at the
expense of a social security institution or service; and
(h) in the case of the sickness benefit referred to in Article 18,
as long as the person concerned is in receipt of another social security
cash benefit, other than a family benefit, subject to the part of the
benefit which is suspended not exceeding the other benefit.
2. In the cases and within the limits prescribed, part of the benefit
otherwise due shall be paid to the dependants of the person concerned.
Article 29
1. Every claimant shall have a right of appeal in the case of refusal
of the benefit or complaint as to its quality or quantity.
2. Where in the application of this Convention 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.
Article 30
1. Each Member shall accept general responsibility for the due
provision of the benefits provided in compliance with this Convention and
shall take all measures required for this purpose.
2. Each Member shall accept general responsibility for the proper
administration of the institutions and services concerned in the
application of this Convention.
Article 31
Where the administration is not entrusted to an institution regulated
by the public authorities or to a government department responsible to a
legislature-
(a) representatives of the persons protected shall participate in
the management under prescribed conditions;
(b) national legislation shall, where appropriate, provide for the
participation of representatives of employers;
(c) national legislation may likewise decide as to the
participation of representatives of the public authorities.
Article 32
Each Member shall, within its territory, assure to non-nationals who
normally reside or work there equality of treatment with its own nationals
as regards the right to the benefits provided for in this Convention.
Article 33
1. A Member-
(a) which has accepted the obligations of this Convention without
availing itself of the exceptions and exclusions provided for in Article 2
and Article 3,
(b) which provides over-all higher benefits than those provided in
this Convention and whose total relevant expenditure on medical care and
sickness benefits amounts to at least 4 per cent of its national income,
and
(c) which satisfies at least two of the three following
conditions:
(i) it covers a percentage of the economically active
population which is at least ten points higher than the percentage
required by Article 10, subparagraph (b), and by Article 19, subparagraph
(b), or a percentage of all residents which is at least ten points higher
than the percentage required by Article 10, subparagraph (c),
(ii) it provides medical care of a curative and preventive
nature of an appreciably higher standard than that prescribed by Article
13,
(iii) it provides sickness benefit corresponding to a
percentage at least ten points higher than is required by Article 22 and
23,
may, after consultation with the most representative organizations of
employers and workers, where such exist, make temporary derogation's from
particular provisions of Parts II and III of this Convention on condition
that such derogation shall neither fundamentally reduce nor impair the
essential guarantees of this Convention.
2. Each Member which has made such a derogation shall indicate in its
reports upon the application of this Convention submitted under article 22
of the Constitution of the International Labour Organization the position
of its law and practice as regards such derogation and any progress made
towards complete application of the terms of the Convention.
Article 34
This Convention shall not apply to-
(a) contingencies which occurred before the coming into force of
the Convention for the Member concerned;
(b) benefits in contingencies occurring after the coming into
force of the Convention for the Member concerned in so far as the rights
to such benefits are deprived from periods preceding that date.
PART V. FINAL PROVISIONS
Article 35
This Convention revises the Sickness Insurance (Industry) Convention,
1927, and the Sickness Insurance (Agriculture) Convention, 1927.
Article 36
1. In conformity with the provisions of Article 75 of the Social
Security (Minimum Standards) Convention, 1952, Part III of that Convention
and the relevant provisions of other Parts thereof shall cease to apply to
any Member having ratified this Convention as from the date at which this
Convention is binding on that Member and no declaration under Article 3 is
in force.
2. Acceptance of the obligations of this Convention shall, on
condition that no declaration under Article 3 is in force, be deemed to
constitute acceptance of the obligations of Part III of the Social
Security (Minimum Standards) Convention, 1952, and the relevant provisions
of other Parts thereof, for the purpose of Article 2 of the said
Convention.
Article 37
If any Convention which may be adopted subsequently by the Conference
concerning any subject or subjects dealt with in this Convention so
provides, such provisions of this Convention as may be specified in the
said Convention shall cease to apply to any Member having ratified the
said Convention as from the date at which the said Convention comes into
force for that Member.
Article 38
The formal ratifications of this Convention shall be communicated to
the Director-General of the International Labour Office for registration.
Article 39
1. This Convention shall be binding only upon those Members of the
International Labour Organization whose ratifications have been registered
with the Director-General.
2. It shall come into force twelve months after the date on which the
ratifications of two Members have been registered with the
Director-General.
3. Thereafter, this Convention shall come into force for any Member
twelve months after the date on which its ratification has been
registered.
Article 40
1. A Member which has ratified this Convention may denounce if after
the expiration of ten years from the date on which the Convention first
comes into force, by an act communicated to the Director-General of the
International Labour Office for registration. Such denunciation shall not
take effect until one year after the date on which it is registered.
2. Each Member which has ratified this Convention and which does not,
within the year following the expiration of the period of ten years
mentioned in the preceding paragraph, exercise the right of denunciation
provided for in this Article, will be bound for another period of ten
years and, thereafter, may denounce this Convention at the expiration of
each period of ten years under the terms provided for in this Article.
Article 41
1. The Director-General of the International Labour Office shall
notify all Members of the International Labour Organization of the
registration of all ratifications and denunciations communicated to him by
the Members of the Organization.
2. When notifying the Members of the Organization of the registration
of the second ratification communicated to him, the Director-General shall
draw the attention of the Members of the Organization to the date upon
which the Convention will come into force.
Article 42
The Director-General of the International Labour Office shall
communicate to the Secretary-General of the United Nations for
registration in accordance with Article 102 of the Charter of the United
Nations full particulars of all ratifications and acts of denunciation
registered by him in accordance with the provisions of the preceding
Articles.
Article 43
At such times as it may consider necessary the Governing Body of the
International Labour Office shall present to the General Conference a
report on the working of this Convention and shall examine the
desirability of placing on the agenda of the Conference the question of
its revision in whole or in part.
Article 44
1. Should the Conference adopt a new Convention revising this
Convention in whole or in part, then, unless the new Convention otherwise
provides-
(a) the ratification by a Member of the new revising Convention
shall ipso jure involve the immediate denunciation of this Convention,
notwithstanding the provisions of Article 40 above, if and when the new
revising Convention shall have come into force;
(b) as from the date when the new revising Convention comes into
force this Convention shall cease to be open to ratification by the
Members.
2. This Convention shall in any case remain in force in its actual
form and content for those Members which have ratified it but have not
ratified the revising Convention.
Article 45
The English and French versions of the text of this Convention are
equally authoritative.
ANNEX: International Standard Industrial Classification of AllEconomic Activities (Revised up to 1968)
LIST OF MAJOR DIVISIONS, DIVISIONS AND MAJOR GROUPS
Division Major group
Major Division 1. Agriculture, Hunting, Forestry and Fishing
| 11 Agriculture and Hunting
| 111 Agricultural and livestock production
| 112 Agricultural services
| 113 Hunting, trapping and game propagation
| 12 Forestry and Logging
| 121 Forestry
| 122 Logging
| 13 130 Fishing
Major Division 2. Mining and Quarrying
| 21 210 Coal Mining
| 22 220 Crude Petroleum and Natural Gas Production
| 23 230 Metal Ore Mining
| 29 290 Other Mining
Major Division 3. Manufacturing
| 31 Manufacture of Food, Beverages and Tobacco
| 311-312 Food manufacturing
| 313 Beverage industries
| 314 Tobacco manufactures
| 32 Textile, Wearing Apparel and Leather Industries
| 321 Manufacture of textiles
| 322 Manufacture of wearing apparel, except footwear
Division Major group
| 323 Manufacture of leather and products of leather, leather substitutes
| and fur, except footwear and wearing apparel
| 324 Manufacture of footwear, except vulcanised or moulded rubber or
| plastic footwear
| 33 Manufacture of Wood and Wood Products, Including Furniture
| 331 Manufacture of wood and wood and cork products, except furniture
| 332 Manufacture of furniture and fixtures, except primarily of metal
| 34 Manufacture of Paper and Paper Products, Printing and Publishing
| 341 Manufacture of paper and paper products
| 342 Printing, publishing and allied industries
| 35 Manufacture of Chemicals and Chemical, Petroleum, Coal, Rubber
| and Plastic Products
| 351 Manufacture of industrial chemicals
| 352 Manufacture of other chemical products
| 353 Petroleum refineries
| 354 Manufacture of miscellaneous products of petroleum and coal
| 355 Manufacture of rubber products
| 356 Manufacture of plastic products not elsewhere classified
| 36 Manufacture of Non-Metallic Mineral Products, except Products of
| Petroleum and Coal
| 361 Manufacture of pottery, china and earthenware
| 362 Manufacture of glass and glass products
| 369 Manufacture of other non-metallic mineral products
| 37 Basic Metal Industries
| 371 Iron and steel basic industries
| 372 Non-ferrous metal basic industries
| 38 Manufacture of Fabricated Metal Products, Machinery and Equipment
|
| 381 Manufacture of fabricated metal products, except machinery and equipment
|
| 382 Manufacture of machinery except electrical
| 383 Manufacture of electrical machinery apparatus, appliances and supplies
|
| 384 Manufacture of transport equipment
| 385 Manufacture of professional and scientific and measuring and controlling
| equipment not elsewhere classified, and of photographic
| and optical goods
| 39 390 Other Manufacturing Industries
Division Major group
Major Division 4. Electricity, Gas and Water
| 41 410 Electricity, Gas and Steam
| 42 420 Water Works and Supply
Major Division 5. Construction
| 50 500 Construction
| Major Division 6. Wholesale and Retail Trade and Restaurants and Hotels
| 61 610 Wholesale Trade
| 62 620 Retail Trade
| 63 Restaurants and Hotels
| 631 Restaurants, cafes and other eating and drinking places
| 632 Hotels, rooming houses, camps and other lodging places
Major Division 7. Transport, Storage and Communication
| 71 Transport and Storage
| 711 Land transport
| 712 Water transport
| 713 Air transport
| 719 Services allied to transport
| 72 720 Communication
Major Division 8. Financing, Insurance, Real Estate and Business
Services
| 81 810 Financial Institutions
| 82 820 Insurance
| 83 Real Estate and Business Services
| 831 Real estate
| 832 Business services except machinery and equipment rental and leasing
| 833 Machinery and equipment rental and leasing
Major Division 9. Community, Social and Personal Services
| 91 910 Public Administration and Defence
| 92 920 Sanitary and Similar Services
| Division Major group
| 93 Social and Related Community Services
| 931 Education services
| 932 Research and scientific institutes
| 933 Medical, dental, other health and veterinary services
| 934 Welfare institutions
| 935 Business, professional and labour associations
| 939 Other social and related community services
| 94 Recreational and Cultural Services
| 941 Motion picture and other entertainment services
| 942 Libraries, museums, botanical and zoological gardens, and other
| cultural services not elsewhere classified
| 949 Amusement and recreational services not elsewhere classified
| 95 Personal and Household Services
| 951 Repair services not elsewhere classified
| 952 Laundries, laundry services, and cleaning and dyeing plants
| 953 Domestic services
| 959 Miscellaneous personal services
| 96 960 International and Other Extra-Territorial Bodies
Major Division 0. Activities Not Adequately Defined
| 0 000 Activities not adequately defined
is of annual or shorter periods as may
be prescribed; or
(d) 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
subparagraph (b) of the preceding paragraph 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 referred to
in subparagraph (b) of Article 7 in the division comprising the largest
number of such persons; 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 27 August 1948, as amended up to 1968 and reproduced in the Annex to
this Convention, or such classification as at any time further 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 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 legislation, 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.
Article 23
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 for the
standard beneficiary, in respect of the contingency referred to in
subparagraph (b) of Article 7, at least 60 per cent 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
subparagraph (b) of the preceding paragraph 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 referred to
in subparagraph (b) of Article 7 in the division comprising the largest
number of such persons; 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 27 August 1948, as amended up to 1968 and reproduced in the Annex to
this Convention, or such classification as at any time further 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 legislation, 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.
Article 24
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 subparagraph (b), 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 23;
(d) the provisions of subparagraph (c) shall be deemed to be
satisfied if the total amount of sickness benefits paid under this
Convention exceeds by at least 30 per cent the total amount of benefits
which would be obtained by applying the provisions of Article 23 and the
provisions of subparagraph (b) of Article 19.
Article 25
Where the legislation of a Member makes the right to the sickness
benefit referred to in Article 18 conditional upon the fulfilment of a
qualifying period by the person protected, the conditions governing the
qualifying period shall be such as not to deprive of the right to benefit
persons who normally belong to the categories of persons protected.
Article 26
1. The sickness benefit referred to in Article 18 shall be granted
throughout the contingency: Provided that the grant of benefit may be
limited to not less than 52 weeks in each case of incapacity, as
prescribed.
2. Where a declaration made in virtue of Article 2 is in force, the
grant of the sickness benefit referred to in Article 18 may be limited to
not less than 26 weeks in each case of incapacity, as prescribed.
3. Where the legislation of a Member provides that sickness benefit is
not payable for an initial period of suspension of earnings, such period
shall not exceed three days.
Article 27
1. In the case of the death of a person who was in receipt of, or
qualified for, the sickness benefit referred to in Article 18, a funeral
benefit shall, under prescribed conditions, be paid to his survivors, to
any other dependants or to the person who has borne the expense of the
funeral.
2. A member may derogate from the provision of paragraph 1 of this
Article where-
(a) it has accepted the obligations of Part IV of the Invalidity,
Old-Age and Survivors' Benefits Convention, 1967;
(b) it provides in its legislation for cash sickness benefit at a
rate of not less than 80 per cent of the earnings of the persons
protected; and
(c) the majority of persons protected are covered by voluntary
insurance which is supervised by the public authorities and which provides
a funeral grant.
PART IV. COMMON PROVISIONS
Article 28
1. A benefit to which a person protected would otherwise be entitled
in compliance with this Convention may be suspended to such extent as may
be prescribed-
(a) as long as the person concerned is absent from the territory
of the Member;
(b) as long as the person concerned is being indemnified for the
contingency by a third party, to the extent of the indemnity;
(c) where the person concerned has made a fraudulent claim;
(d) where the contingency has been caused by a criminal offence
committed by the person concerned;
(e) where the contingency has been caused by the serious and
wilful misconduct of the person concerned;
(f) where the person concerned, without good cause, neglects to
make use of the medical care or the 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
beneficiaries;
(g) in the case of the sickness benefit referred to in Article 18,
as long as the person concerned is maintained at public expense or at the
expense of a social security institution or service; and
(h) in the case of the sickness benefit referred to in Article 18,
as long as the person concerned is in receipt of another social security
cash benefit, other than a family benefit, subject to the part of the
benefit which is suspended not exceeding the other benefit.
2. In the cases and within the limits prescribed, part of the benefit
otherwise due shall be paid to the dependants of the person concerned.
Article 29
1. Every claimant shall have a right of appeal in the case of refusal
of the benefit or complaint as to its quality or quantity.
2. Where in the application of this Convention 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.
Article 30
1. Each Member shall accept general responsibility for the due
provision of the benefits provided in compliance with this Convention and
shall take all measures required for this purpose.
2. Each Member shall accept general responsibility for the proper
administration of the institutions and services concerned in the
application of this Convention.
Article 31
Where the administration is not entrusted to an institution regulated
by the public authorities or to a government department responsible to a
legislature-
(a) representatives of the persons protected shall participate in
the management under prescribed conditions;
(b) national legislation shall, where appropriate, provide for the
participation of representatives of employers;
(c) national legislation may likewise decide as to the
participation of representatives of the public authorities.
Article 32
Each Member shall, within its territory, assure to non-nationals who
normally reside or work there equality of treatment with its own nationals
as regards the right to the benefits provided for in this Convention.
Article 33
1. A Member-
(a) which has accepted the obligations of this Convention without
availing itself of the exceptions and exclusions provided for in Article 2
and Article 3,
(b) which provides over-all higher benefits than those provided in
this Convention and whose total relevant expenditure on medical care and
sickness benefits amounts to at least 4 per cent of its national income,
and
(c) which satisfies at least two of the three following
conditions:
(i) it covers a percentage of the economically active
population which is at least ten points higher than the percentage
required by Article 10, subparagraph (b), and by Article 19, subparagraph
(b), or a percentage of all residents which is at least ten points higher
than the percentage required by Article 10, subparagraph (c),
(ii) it provides medical care of a curative and preventive
nature of an appreciably higher standard than that prescribed by Article
13,
(iii) it provides sickness benefit corresponding to a
percentage at least ten points higher than is required by Article 22 and
23,
may, after consultation with the most representative organizations of
employers and workers, where such exist, make temporary derogation's from
particular provisions of Parts II and III of this Convention on condition
that such derogation shall neither fundamentally reduce nor impair the
essential guarantees of this Convention.
2. Each Member which has made such a derogation shall indicate in its
reports upon the application of this Convention submitted under article 22
of the Constitution of the International Labour Organization the position
of its law and practice as regards such derogation and any progress made
towards complete application of the terms of the Convention.
Article 34
This Convention shall not apply to-
(a) contingencies which occurred before the coming into force of
the Convention for the Member concerned;
(b) benefits in contingencies occurring after the coming into
force of the Convention for the Member concerned in so far as the rights
to such benefits are deprived from periods preceding that date.
PART V. FINAL PROVISIONS
Article 35
This Convention revises the Sickness Insurance (Industry) Convention,
1927, and the Sickness Insurance (Agriculture) Convention, 1927.
Article 36
1. In conformity with the provisions of Article 75 of the Social
Security (Minimum Standards) Convention, 1952, Part III of that Convention
and the relevant provisions of other Parts thereof shall cease to apply to
any Member having ratified this Convention as from the date at which this
Convention is binding on that Member and no declaration under Article 3 is
in force.
2. Acceptance of the obligations of this Convention shall, on
condition that no declaration under Article 3 is in force, be deemed to
constitute acceptance of the obligations of Part III of the Social
Security (Minimum Standards) Convention, 1952, and the relevant provisions
of other Parts thereof, for the purpose of Article 2 of the said
Convention.
Article 37
If any Convention which may be adopted subsequently by the Conference
concerning any subject or subjects dealt with in this Convention so
provides, such provisions of this Convention as may be specified in the
said Convention shall cease to apply to any Member having ratified the
said Convention as from the date at which the said Convention comes into
force for that Member.
Article 38
The formal ratifications of this Convention shall be communicated to
the Director-General of the International Labour Office for registration.
Article 39
1. This Convention shall be binding only upon those Members of the
International Labour Organization whose ratifications have been registered
with the Director-General.
2. It shall come into force twelve months after the date on which the
ratifications of two Members have been registered with the
Director-General.
3. Thereafter, this Convention shall come into force for any Member
twelve months after the date on which its ratification has been
registered.
Article 40
1. A Member which has ratified this Convention may denounce if after
the expiration of ten years from the date on which the Convention first
comes into force, by an act communicated to the Director-General of the
International Labour Office for registration. Such denunciation shall not
take effect until one year after the date on which it is registered.
2. Each Member which has ratified this Convention and which does not,
within the year following the expiration of the period of ten years
mentioned in the preceding paragraph, exercise the right of denunciation
provided for in this Article, will be bound for another period of ten
years and, thereafter, may denounce this Convention at the expiration of
each period of ten years under the terms provided for in this Article.
Article 41
1. The Director-General of the International Labour Office shall
notify all Members of the International Labour Organization of the
registration of all ratifications and denunciations communicated to him by
the Members of the Organization.
2. When notifying the Members of the Organization of the registration
of the second ratification communicated to him, the Director-General shall
draw the attention of the Members of the Organization to the date upon
which the Convention will come into force.
Article 42
The Director-General of the International Labour Office shall
communicate to the Secretary-General of the United Nations for
registration in accordance with Article 102 of the Charter of the United
Nations full particulars of all ratifications and acts of denunciation
registered by him in accordance with the provisions of the preceding
Articles.
Article 43
At such times as it may consider necessary the Governing Body of the
International Labour Office shall present to the General Conference a
report on the working of this Convention and shall examine the
desirability of placing on the agenda of the Conference the question of
its revision in whole or in part.
Article 44
1. Should the Conference adopt a new Convention revising this
Convention in whole or in part, then, unless the new Convention otherwise
provides-
(a) the ratification by a Member of the new revising Convention
shall ipso jure involve the immediate denunciation of this Convention,
notwithstanding the provisions of Article 40 above, if and when the new
revising Convention shall have come into force;
(b) as from the date when the new revising Convention comes into
force this Convention shall cease to be open to ratification by the
Members.
2. This Convention shall in any case remain in force in its actual
form and content for those Members which have ratified it but have not
ratified the revising Convention.
Article 45
The English and French versions of the text of this Convention are
equally authoritative.
ANNEX: International Standard Industrial Classification of AllEconomic Activities (Revised up to 1968)
LIST OF MAJOR DIVISIONS, DIVISIONS AND MAJOR GROUPS
Division Major group
Major Division 1. Agriculture, Hunting, Forestry and Fishing
| 11 Agriculture and Hunting
| 111 Agricultural and livestock production
| 112 Agricultural services
| 113 Hunting, trapping and game propagation
| 12 Forestry and Logging
| 121 Forestry
| 122 Logging
| 13 130 Fishing
Major Division 2. Mining and Quarrying
| 21 210 Coal Mining
| 22 220 Crude Petroleum and Natural Gas Production
| 23 230 Metal Ore Mining
| 29 290 Other Mining
Major Division 3. Manufacturing
| 31 Manufacture of Food, Beverages and Tobacco
| 311-312 Food manufacturing
| 313 Beverage industries
| 314 Tobacco manufactures
| 32 Textile, Wearing Apparel and Leather Industries
| 321 Manufacture of textiles
| 322 Manufacture of wearing apparel, except footwear
Division Major group
| 323 Manufacture of leather and products of leather, leather substitutes
| and fur, except footwear and wearing apparel
| 324 Manufacture of footwear, except vulcanised or moulded rubber or
| plastic footwear
| 33 Manufacture of Wood and Wood Products, Including Furniture
| 331 Manufacture of wood and wood and cork products, except furniture
| 332 Manufacture of furniture and fixtures, except primarily of metal
| 34 Manufacture of Paper and Paper Products, Printing and Publishing
| 341 Manufacture of paper and paper products
| 342 Printing, publishing and allied industries
| 35 Manufacture of Chemicals and Chemical, Petroleum, Coal, Rubber
| and Plastic Products
| 351 Manufacture of industrial chemicals
| 352 Manufacture of other chemical products
| 353 Petroleum refineries
| 354 Manufacture of miscellaneous products of petroleum and coal
| 355 Manufacture of rubber products
| 356 Manufacture of plastic products not elsewhere classified
| 36 Manufacture of Non-Metallic Mineral Products, except Products of
| Petroleum and Coal
| 361 Manufacture of pottery, china and earthenware
| 362 Manufacture of glass and glass products
| 369 Manufacture of other non-metallic mineral products
| 37 Basic Metal Industries
| 371 Iron and steel basic industries
| 372 Non-ferrous metal basic industries
| 38 Manufacture of Fabricated Metal Products, Machinery and Equipment
|
| 381 Manufacture of fabricated metal products, except machinery and equipment
|
| 382 Manufacture of machinery except electrical
| 383 Manufacture of electrical machinery apparatus, appliances and supplies
|
| 384 Manufacture of transport equipment
| 385 Manufacture of professional and scientific and measuring and controlling
| equipment not elsewhere classified, and of photographic
| and optical goods
| 39 390 Other Manufacturing Industries
Division Major group
Major Division 4. Electricity, Gas and Water
| 41 410 Electricity, Gas and Steam
| 42 420 Water Works and Supply
Major Division 5. Construction
| 50 500 Construction
| Major Division 6. Wholesale and Retail Trade and Restaurants and Hotels
| 61 610 Wholesale Trade
| 62 620 Retail Trade
| 63 Restaurants and Hotels
| 631 Restaurants, cafes and other eating and drinking places
| 632 Hotels, rooming houses, camps and other lodging places
Major Division 7. Transport, Storage and Communication
| 71 Transport and Storage
| 711 Land transport
| 712 Water transport
| 713 Air transport
| 719 Services allied to transport
| 72 720 Communication
Major Division 8. Financing, Insurance, Real Estate and Business
Services
| 81 810 Financial Institutions
| 82 820 Insurance
| 83 Real Estate and Business Services
| 831 Real estate
| 832 Business services except machinery and equipment rental and leasing
| 833 Machinery and equipment rental and leasing
Major Division 9. Community, Social and Personal Services
| 91 910 Public Administration and Defence
| 92 920 Sanitary and Similar Services
| Division Major group
| 93 Social and Related Community Services
| 931 Education services
| 932 Research and scientific institutes
| 933 Medical, dental, other health and veterinary services
| 934 Welfare institutions
| 935 Business, professional and labour associations
| 939 Other social and related community services
| 94 Recreational and Cultural Services
| 941 Motion picture and other entertainment services
| 942 Libraries, museums, botanical and zoological gardens, and other
| cultural services not elsewhere classified
| 949 Amusement and recreational services not elsewhere classified
| 95 Personal and Household Services
| 951 Repair services not elsewhere classified
| 952 Laundries, laundry services, and cleaning and dyeing plants
| 953 Domestic services
| 959 Miscellaneous personal services
| 96 960 International and Other Extra-Territorial Bodies
Major Division 0. Activities Not Adequately Defined
| 0 000 Activities not adequately defined
|