Communication from the Federal Ministry of Foreign Affairs No. 469 / 1990 Coll.

Q: Is Communication from the Federal Ministry of Foreign Affairs No. 469 / 1990 Coll. still valid?

Yes, Communication from the Federal Ministry of Foreign Affairs No. 469 / 1990 Coll. is still valid and effective.

469

COMMUNICATION

Federal Ministry of Foreign Affairs

The Federal Ministry of Foreign Affairs states that on 29 June 1933, the Convention on compulsory invalidity insurance for workers in industrial and commercial enterprises and in free professions, as well as domestic workers and household workers (No 37), the Convention on compulsory invalidity insurance for workers in agricultural holdings (No 38), the Convention on compulsory insurance for workers in industrial and commercial enterprises (No 40). Ratification of the Conventions of the Czechoslovak Republic was registered on 1 July 1949 by the Director-General of the International Labour Office. According to their respective provisions of the Convention, they entered into force on 1 July 1950 for the Czechoslovak Republic.

Czech translations of the Treaties are announced simultaneously.

Convention No 37

Convention on compulsory invalidity insurance for workers in industrial and commercial enterprises and in free professions, as well as domestic workers and household workers

The General Conference of the International Labour Organisation, convened by the Board of Directors of the International Labour Office in Geneva and met there on 8 June 1933 at its 17th session,

decide to adopt certain proposals concerning compulsory invalidity insurance, which are the second item of the agenda of the sitting; and

state that these proposals will take the form of an international convention,

adopts on 29 June 1933 this Convention, which will be referred to as the Convention on Invalidity Insurance (Industry, etc.), 1933 in order to be ratified by the Member States of the International Labour Organisation under the provisions of the Constitution of the International Labour Organisation.

Each Member State The International Labour Organisation which ratifies this Convention undertakes to introduce or maintain compulsory invalidity insurance under conditions at least equivalent to those referred to in this Convention.

1. Compulsory invalidity insurance will apply to handicrafts and non-handicrafts, including apprentices employed in industrial or commercial enterprises or in free professions, and to domestic workers and persons employed in the household.

2. However, each Member State may provide for exceptions in its national legislation which it considers necessary as regards:

(a) workers whose remuneration exceeds a specified amount and where national legislation does not provide for such a general exception as regards workers engaged in employment normally regarded as free professions;

(b) workers who do not receive cash compensation;

(c) young workers younger than the designated age and workers who are too old for insurance when they first enter employment;

(d) domestic workers whose working conditions are not similar to the normal working conditions of wage workers;

(e) members of the employer's family;

(f) workers in such employment which, since they are necessarily short-term, do not allow the conditions for granting benefits to be met, as well as persons employed only on an occasional or auxiliary basis;

(g) disabled workers and workers receiving an invalidity or old-age pension;

(h) public retired officials employed for remuneration and persons benefiting from a private pension, provided that the pension is at least equal to the invalidity pension provided for by national legislation;

(i) workers who, during their studies, give hours or work as a reward, preparing for employment corresponding to such studies;

(j) servants employed in the household of agricultural employers.

3. In addition, persons who, by virtue of a law, regulation or special statute, have or will be entitled to invalidity benefits may be exempt from the insurance obligation if they are at least equal to the benefits laid down in this Convention.

4. This Convention shall not apply to seafarers and seafarers.

Under the conditions to be determined by the national legislature, the former compulsory insured persons who do not receive a pension may either voluntarily continue their insurance or maintain their rights by regularly paying the maintenance allowance, provided that such rights are not maintained automatically or that, in the case of a married woman, the spouse is not allowed to insure voluntarily and thereby establish for the spouse the right to an old-age or widow's pension.

1. An insurer who becomes incapacitated in general and thus incompetent to receive a remuneration worthy of mention will be entitled to an invalidity pension.

2. However, national legislation providing treatment and medical treatment for disabled persons and, if invalidity ends in death, providing a full pension for widows, regardless of age or invalidity, and orphans, will be able to make the invalidity pension conditional upon the insured being unable to work for a salary.

3. In special schemes of insurance for the benefit of workers who are not employed by hand, an insured person who is unable to receive a remuneration worthy of reference to work in a job which he has normally performed or a profession similar to that of will be entitled to an invalidity pension.

1. Without prejudice to the provisions of Article 6, the pension right may be conditional upon completion of the waiting period, together with, where appropriate, payment of the minimum number of contributions from entry into insurance and within a specified period immediately preceding the insurance event.

2. The waiting period shall not exceed 60 contribution months or 250 contribution weeks or 1500 contribution days.

3. If the completion of the waiting period is linked to the payment of a specified number of contributions during the specified period immediately preceding the insurance event, the periods for which contributions have been paid in the event of temporary incapacity for work and unemployment shall be counted as contribution periods to the extent and under the conditions laid down by national legislation.

1. An insurer who no longer has compulsory insurance without having the right to benefit from the mutual benefit of contributions credited to him shall retain the rights deriving from those contributions.

2. However, national legislation may end the applicability of the rights deriving from contributions after the expiry of the period to be counted since the termination of the insurance obligation and which is either variable or firm.

(a) The variable period shall not be shorter than a third of the total of the contribution periods completed since the entry into insurance, without the period in which the contributions were not made.

(b) The fixed period shall in no case be less than 18 months. The rights of contributions may be revoked after the expiry of that period, unless the insured person has been credited with the minimum number of contributions provided for by national legislation under compulsory or voluntary insurance.

1. The amount of the pension will be determined either depending on the period spent in the insurance or independently of the fixed amount or percentage of income to be taken into account for the purposes of the insurance or the variable amount by the amount of total contributions paid.

2. If the minimum amount is not guaranteed, a pension that is variable according to the period spent in the insurance and whose return is conditional on completion of the waiting period must include a fixed amount or a fixed part independent of the period spent in the insurance.

3. If contributions are graduated according to income, the income taken into account for these reasons shall also be taken into account when calculating the pension provided, whether or not the pension is variable according to the period of insurance.

In order to prevent or delay, reduce or terminate invalidity, insurance institutions shall be entitled, under conditions provided for by national legislation, to grant benefits in kind to persons who receive or might require a pension for invalidity.

1. The right to benefits may cease or be suspended in whole or in part if the person concerned:

(a) cause its invalidity by criminal offence or intentional infringement of the law;

(b) has committed fraud against an insurance institution.

2. The pension may be suspended in whole or in part if the person concerned:

(a) it is fully sustained at public costs or by the social insurance institution;

(b) refuse, without a valid reason, to maintain medical orders and instructions relating to the behaviour of the disabled, or to wilfully and without authorisation, out of control of the insurance institution;

(c) receive other periodic cash benefits provided under compulsory social insurance, pensions or compensation for accidents at work or occupational diseases;

(d) is in employment subject to compulsory insurance or, in the case of special insurance for workers who do not work by hand, has income in excess of the fixed amount.

1. Insurers and their employers will contribute to the creation of insurance resources.

2. National legislation may exempt:

(a) apprentices and young workers who have not completed the prescribed age;

(b) workers who do not receive cash or who receive very low wages.

3. Employers' contributions need not be required in national insurance legislation which is not limited to employees.

4. Public authorities will contribute to the creation of resources or insurance benefits for employees at all or for manual workers.

5. National legislation which does not provide for contributions from insured persons at the time of adoption of this Convention may continue to exempt insured persons from the contribution obligation.

1. Insurance will be managed either by institutions set up by public authorities and will not pursue any gainful objective or by state insurance funds.

2. However, national legislation may also entrust insurance management to institutes set up at the initiative of interested parties or their associations and duly authorised public authorities.

3. The assets of insurance institutions and public insurance funds will be managed separately from public property.

4. Representatives of insured persons will participate in the proceedings of insurance institutions under the conditions laid down by national legislation, which will also be able to decide on the participation of employers' representatives and public authorities.

5. Self-governing insurance institutions will be subject to financial and administrative control by public authorities.

1. In a dispute concerning benefits, the insurer or his legal representatives shall be granted the right of appeal.

2. These disputes will fall within the jurisdiction of special courts, which will be occupied by judges, whether or not they are professional judges, who will be particularly aware of the purpose of insurance and the needs of the insured persons or who will be present for the co-operation of the alternates selected from the insured persons and employers.

3. In a dispute concerning the insurance obligation or the amount of the allowance, the right of appeal shall be granted to the staff member and to his employer in the systems setting out the employer's contributions.

1. Foreign employees will be subject to insurance and payment of contributions under the same conditions as their own members.

2. Foreign insured persons and dependants will be entitled under the same conditions as their own members to benefits arising from contributions which have been credited to them.

3. In addition, foreign insured persons and persons dependent on them if they are members of any Member State bound by this Convention and whose legislation provides for the financial participation of the State in the production of resources or benefits of insurance, under Article 10, will be entitled to allowances or increases or partial pensions to be paid from public funds.

4. However, national legislation may limit to its own members the right to allowances or increases or partial pensions paid from public funds and granted exclusively to insured persons who have exceeded a certain age on the date on which the compulsory insurance legislation became effective.

5. Restrictions, if provided for in the case of a foreign residence, shall apply to pensioners and persons dependent on them if they are members of any Member State bound by this Convention and reside in the territory of any Member State bound by the said Convention only to the extent that they apply to their own nationals of the State in which the pension was obtained. However, allowances or increases or partial pensions payable from public funds may not be paid.

1. Employees' insurance will be governed by the law applicable to their place of work.

2. An agreement between the participating Member States will be possible to make exceptions to this rule in the interests of the uninterrupted duration of insurance.

Each Member State may submit to the special rules border workers who have a place of work in its territory and a place of permanent residence abroad.

In countries which, at the time this Convention first comes into force, do not have compulsory invalidity insurance legislation, any of which at that time an existing pension scheme, not a contribution scheme, will be deemed to comply with this Convention if it guarantees an individual pension right under the conditions laid down in Articles 17 to 23 below.

A person who becomes generally unfit for work and thus unable to obtain a remuneration due to mention is entitled to a pension.

The right to pension may be conditional on the applicant's permanent residence in the territory of a Member State during the period immediately preceding the pension application. This period, which will be determined by national legislation, must not exceed five years.

1. The applicant shall have the right to a pension if his annual income does not exceed the limit laid down by national legislation with due regard for the minimum cost of living.

2. For the assessment of revenue, those revenues which do not exceed the amount laid down by national legislation will be considered exempted.

The amount of the pension will be determined by an amount which, together with other income exceeding that set aside for the above valuation, is at least sufficient to meet the basic needs of the pensioner.

1. In a dispute concerning the grant of a pension or the determination of its amount, any applicant shall be granted the right of appeal.

2. The appeal shall fall within the competence of a body other than the one which decided at first instance.

(1) Aliens who are members of any Member State bound by this Convention shall be entitled to a pension under the same conditions as their own members.

2. However, national legislation may make the granting of a pension conditional upon the completion of a permanent residence period in the territory of a Member State exceeding a maximum of five years of the period of residence prescribed for its own members.

1. The right to a pension may be forfeited or suspended in whole or in part if the person concerned:

(a) cause its invalidity by criminal offence or intentional infringement of the law;

(b) obtained or attempted to obtain a pension by fraud;

(c) have been sentenced to prison for a criminal offence;

d) consistently refuses to earn a living from work compatible with its powers and abilities.

2. The pension may be suspended in whole or in part for the period during which the person concerned is kept entirely out of public funds.

This Convention shall not apply without prejudice to the provisions of Article 13 (5) to the maintenance of the right to pension in the event of residence abroad.

The formal ratification of this Convention shall be notified and registered to the Director-General of the International Labour Office under the conditions laid down in the Constitution of the International Labour Organisation.

1. This Convention only obliges the Member States of the International Labour Organisation whose ratification has been registered by the Director-General.

2. It shall take effect 12 months after the Director-General has registered the ratification of two Member States.

3. For each other Member State, this Convention shall take effect 12 months from the date on which its ratification was registered.

Once the ratification of two Member States of the International Labour Organisation has been registered with the International Labour Office, the Director-General of the International Labour Office shall notify all Member States of the International Labour Organisation. They shall also notify them of the minutes of any ratification communicated to it by the members of the organisation.

1. Any Member State which has ratified this Convention may denounce it after being swallowed up for 10 years from the date on which the Convention first came into force by a written communication to the Director-General of the International Labour Office, who shall record it. The denunciation shall take effect one year after the date on which it was registered.

2. Any Member State which has ratified this Convention and which does not exercise the right to denounce it under this Article during the year following the expiry of a period of 10 years, as referred to in the preceding paragraph, shall be bound by the Convention for a further 10-year period and shall then be able to terminate it at the end of each 10-year period under the conditions laid down in this Article.

Whenever deemed necessary, the Administrative Board of the International Labour Office shall present a report to the General Conference on the implementation of this Convention and shall examine whether it is appropriate to put on the agenda of the General Conference a question of its full or partial revision.

1. Where the General Conference adopts a new Convention which fully or partially revises this Convention and does not provide otherwise for the new Convention:

(a) ratification by a Member State of a new revising convention shall cause the ipso jure to be terminated immediately, regardless of the provisions of Article 28, subject to the fact that the new revising convention becomes effective;

(b) since the new revised Convention enters into force, this Convention shall cease to be open to the Member States for ratification.

2. However, this Convention shall remain in force in its form and content for those Member States which have ratified it and which have not ratified the revised Convention.

The English and French versions of this Convention shall be equally authentic.

Convention No 38

Convention on compulsory occupational disability insurance on agricultural holdings

General Conference of the International Labour Organisation,

which was convened by the Board of Directors of the International Labour Office to Geneva and met there on 8 June 1933 at its 17th session,

decide to adopt certain proposals concerning compulsory invalidity insurance, which are the second item of the agenda of the sitting; and

state that these proposals will take the form of an international convention,

adopts on 29 June 1933 this Convention, which will be referred to as the Convention on Invalidity Insurance (Agriculture), 1933, to be ratified by the Member States of the International Labour Organisation under the provisions of the Constitution of the International Labour Organisation.

Each Member State The International Labour Organisation which ratifies this Convention undertakes to introduce or maintain compulsory invalidity insurance under conditions at least equivalent to those referred to in this Convention.

1. Compulsory invalidity insurance will apply to handicrafts and non-handicrafts, including apprentices employed in farms, and to servants employed in the home of agricultural employers.

2. However, each Member State may provide for exceptions in its national legislation which it considers necessary as regards:

(a) workers whose remuneration exceeds a specified amount and where national legislation does not provide for such a general exception as regards workers engaged in employment normally regarded as free professions;

(b) workers who do not receive cash compensation;

(c) young workers younger than the designated age and workers who are too old for insurance when they first enter employment;

(d) domestic workers whose working conditions are not similar to the normal working conditions of wage workers;

(e) members of the employer's family;

(f) workers in such employment which, since they are necessarily short-term, do not allow the conditions for granting benefits to be met, as well as persons employed only on an occasional or auxiliary basis;

(g) disabled workers and workers receiving an invalidity or old-age pension;

(h) public retired officials employed for remuneration and persons benefiting from a private pension, provided that the pension is at least equal to the invalidity pension provided for by national legislation;

(i) workers who, during their studies, give hours or work as a reward, preparing for employment corresponding to such studies.