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  APPL. 19 – C.12, C.19, R.25, C.102, VI, C.121 and R.1210




INTERNATIONAL LABOUR OFFICE

REPORTS ON UNRATIFIED CONVENTIONS AND RECOMMENDATIONS
(article 19 of the Constitution of the International Labour Organisation)
REPORT FORM FOR THE FOLLOWING INSTRUMENTS:
Workmen’s Compensation (Agriculture) Convention, 1921 (No. 12)
Equality of Treatment (Accident Compensation) Convention, 1925 (No. 19)
Equality of Treatment (Accident Compensation) Recommendation, 1925 (No. 25)
Social Security (Minimum Standards) Convention, 1952 (No. 102) (Part VI)
Employment Injury Benefits Convention, 1964 [Schedule I amended in 1980] (No. 121)
Employment Injury Benefits Recommendation, 1964 (No. 121)
Article 19 of the Constitution of the International Labour Organization relates to the adoption of
Conventions and Recommendations by the Conference, as well as to the obligations resulting therefrom for the Members of the Organization. The relevant provisions of paragraphs 5, 6 and 7 of this article read as follows:
5. In the case of a Convention:
…
(e) if the Member does not obtain the consent of the authority or authorities within whose competence the matter lies, no further obligation shall rest upon the Member except that it shall report to the Director-General of the International Labour Office, at appropriate intervals as requested by the Governing Body, the position of its law and practice in regard to the matters dealt with in the Convention, showing the extent to which effect has been given, or is proposed to be given, to any of the provisions of the Convention by legislation, administrative action, collective agreement or otherwise and stating the difficulties which prevent or delay the ratification of such Convention.

GENEVA
2023
6. In the case of a Recommendation:
…
(d) apart from bringing the Recommendation before the said competent authority or authorities, no further obligation shall rest upon the Members, except that they shall report to the DirectorGeneral of the International Labour Office, at appropriate intervals as requested by the Governing
Body, the position of the law and practice in their country in regard to the matters dealt with in the Recommendation, showing the extent to which effect has been given, or is proposed to be given, to the provisions of the Recommendation and such modifications of these provisions as it has been found or may be found necessary to make in adopting or applying them.
7. In the case of a federal State, the following provisions shall apply:
(a) in respect of Conventions and Recommendations which the federal Government regards as appropriate under its constitutional system for federal action, the obligations of the federal State shall be the same as those of Members which are not federal States;
(b) in respect of Conventions and Recommendations which the federal Government regards as appropriate under its constitutional system, in whole or in part, for action by the constituent states, provinces or cantons rather than for federal action, the federal Government shall:
…
(iv) in respect of each such Convention which it has not ratified, report to the Director-General of the International Labour Office, at appropriate intervals as requested by the Governing Body, the position of the law and practice of the federation and its constituent states, provinces or cantons in regard to the Convention, showing the extent to which effect has been given, or is proposed to be given, to any of the provisions of the Convention by legislation, administrative action, collective agreement, or otherwise;
(v) in respect of each such Recommendation, report to the Director-General of the International Labour Office, at appropriate intervals as requested by the Governing Body, the position of the law and practice of the federation and its constituent states, provinces or cantons in regard to the Recommendation, showing the extent to which effect has been given, or is proposed to be given, to the provisions of the Recommendation and such modifications of these provisions as have been found or may be found necessary in adopting or applying them.
In accordance with the above provisions, the Governing Body of the International Labour Office examined and approved the present report form. This has been drawn up in such a manner as to facilitate the supply of the required information on uniform lines.
Report
to be made no later than 29 February 2024, in accordance with article 19 of the Constitution of the International Labour Organization by the Government of , on the position of national law and practice in regard to matters dealt with in the instruments referred to in the following questionnaire.
Workers’ and employers’ organizations may send comments no later than 30 June 2024.

Context and scope of the questions
At its 346th Session in October–November 2022, the Governing Body requested the Office to prepare for its consideration at its 347th Session (March 2023) the article 19 report form on six instruments: the Workmen’s Compensation (Agriculture) Convention, 1921 (No. 12), the Equality of Treatment (Accident Compensation) Convention, 1925 (No. 19), the Equality of Treatment (Accident
Compensation) Recommendation, 1925 (No. 25), the Social Security (Minimum Standards) Convention,
1952 (No. 102), Part VI, the Employment Injury Benefits Convention, 1964 [Schedule I amended in 1980] (No. 121), and the Employment Injury Benefits Recommendation, 1964 (No. 121), for a General Survey to be prepared by the Committee of Experts on the Application of Conventions and Recommendations (CEACR) in 2024, to be discussed by the Conference Committee on the Application of Standards in 2025.1
The General Survey will provide a comprehensive overview of the current state of law and practice with reference to employment injury benefits across ILO Member States – notably in respect of coverage and benefits – and help identify key challenges and opportunities in relation to the application of employment injury benefit schemes to all workers, including agricultural workers and other vulnerable groups of workers, as well as to map obstacles to the ratification and implementation of instruments setting standards for employment injury protection, as well as any recommendations to be made by the ILO supervisory bodies in this regard.
The General Survey could draw attention to the mutually reinforcing impact of fostering a culture of prevention2 and expanding employment injury benefit schemes, contributing to achieving universal access to social protection, consistent with ILO standards, as a core element of a human-centred approach to the future of work, in accordance with the Declaration on Social Justice for a Fair Globalization, 2008.3 It shall also contribute to the overall objective of the Standards Review Mechanism Tripartite Working Group (SRM TWG)4 in ensuring that the body of standards is up to date and relevant to the world of work. In this regard, in its recent decision, the SRM TWG proposed to invite the Committee of Experts on the Application of Conventions and Recommendations to consider seeking information from Member States on their application, in law and practice, of Conventions Nos 102 (Part VI) and 121, especially concerning agricultural workers. At the same time, it considered the Workmen’s Compensation (Agriculture) Convention, 1921 (No. 12), to have the classification “up to date”, and recommended for the abrogation of the Workmen’s Compensation (Accidents) Convention, 1925 (No. 17), the Workmen’s Compensation (Occupational Diseases) Convention, 1925 (No. 18), and the Workmen’s Compensation (Occupational Diseases) Convention (Revised), 1934 (No. 42), and the withdrawal of Recommendations Nos 22, 23 and 24.5
Further, the General Survey will be an opportunity to contribute to a better understanding of the provisions both in law and in practice of the instruments, the challenges and opportunities in their application, and will encourage the sharing of experiences and good practices among ILO Member States.
* * *

The following questions relate to issues covered by Conventions Nos 12, 19, 102 (Part VI), 121 and Recommendations Nos 25 and 121.
Where possible, please give a specific reference (including a web hyperlink) for information relating to the provisions of legislation, regulations, collective agreements, work rules, arbitration awards, court decisions and policies (or attach an electronic copy).

Article 19 report form concerning employment injury
A. Definitions
1. The term employment injury benefits refers to benefits in cash, medical care and allied benefits, as well as vocational rehabilitation, provided to workers in case of work-related injury, or to cash benefits or financial compensation, and funeral benefit, as the case may be, provided to the dependants of workers who die as a result of a work-related injury (Articles 34–36 of Convention No. 102 and Articles 9–21 of Convention No. 121). There is a diversity of nomenclature used at the national level to refer to such benefits, depending mainly on the type of scheme in place for their provision. In certain countries, these benefits are referred to as “workers’ compensation” or “workmen’s compensation”, following the approach set out in earlier ILO standards, including Conventions Nos 12 and 19 and Recommendation No. 25.6
2. The contingency of employment injury7 comprehends the following where due to/caused by a work-related accident or occupational disease: (1) a morbid condition; (2) temporary or initial incapacity for work resulting from a morbid condition and involving suspension of earnings; (3) total or partial loss of earning capacity likely to be permanent or corresponding loss of faculty; (4) the loss of support suffered as the result of the death of the breadwinner (Article 32 of Convention No. 102 and Articles 6, 13, 14, 18 of Convention No. 121).
B. Notes
1. It will not be necessary to repeat information already provided in reports under article 22 in connection with ratified Conventions. In this case, Governments of countries should use the present form with regard to Conventions which have not been ratified and Recommendations Nos 25 and 121.
2. Where the national legislation or other provisions do not cover issues raised in this questionnaire, please provide information on current and emerging practices.
3. For federal States, please provide answers to the questions below with regard to both the federal level and the level of the federated units.
4. The provisions of the Equality of Treatment (Accident Compensation) Convention, 1925 (No. 19) and the Equality of Treatment (Accident Compensation) Recommendation, 1925 (No. 25) are applied to ratifying Member States based on the principle of reciprocity, by which equal treatment is granted to nationals from countries, which – by ratifying the respective Convention – have the same legal obligation concerning workers’ accident compensation/employment injury benefits. In this regard, for the purposes of this questionnaire, Members States that have not ratified Convention No. 19 are advised to provide information based on their own national legislation and practices as to the coverage of foreign workers and their respective dependants.


Legislative and regulatory framework

General provisions
1. Please indicate any legal provisions concerning work-related accidents and occupational diseases, in particular legal provisions defining employment injury and specifying the contingencies, or circumstances, covered by related schemes and benefits, which may include: (i) morbid condition; (ii) temporary or initial incapacity for work resulting from a morbid condition and involving suspension of earnings; (iii) total or partial loss of earning capacity likely to be permanent or corresponding loss of faculty; and (iv) loss of support resulting from the death of breadwinner.
Occupational Health and Safety Act § 22 defines occupational accident as damage to the health of an employee or death of an employee which occurred in the performance of a duty assigned by an employer or in other work performed with the employer’s permission, during a break included in the working time, or during other activity in the interests of the employer. Damage to health or death which occurred in the cases listed but which is not in a causal relation to the work of the employee or the working environment is not deemed to be occupational accident.
Occupational Health and Safety Act § 23 defines an occupational disease as a disease which is brought about by a working environment hazard specified in the list of occupational diseases or by the nature of the work. The list of occupational diseases is established by the minister in charge of the policy sector. An illness caused by work is an illness caused by a working environment hazard and not deemed to be an occupational disease.
The solidarity-based health Insurance is regulated by Health Insurance Act and according to § 2, covers health care expenses incurred to finance the disease prevention and treatment of and purchase of medicinal products and medical devices for insured persons and to pay benefits for temporary incapacity for work and other benefits on the conditions and in accordance with the procedure provided for in the Health Insurance Act. Benefit for temporary incapacity for work, types thereof and events of payment and insured event of temporary incapacity for work are regulated accordingly by § 50 and § 51 of the Health Insurance Act.
Main legislation relating to the general system of benefits in the case of invalidity: 1) State Pension Insurance Act, which provides the definition, types and extent of state pensions, and the conditions and procedure for the grant of state pensions, including
§ 20 regulating the right to receive survivor’s pension; 2) Work Ability Allowance Act, which aims to support employment and access to employment of persons with reduced work ability caused by long-term health damage and to ensure an income for them under the conditions and to the extent provided by law and establishes the bases for assessment of work ability and the conditions of and procedure for grant and payment of work ability allowance.

Types of schemes
Please indicate any type of scheme(s) or system(s) by means of which employment injury benefits are provided in your country. For example, such schemes or systems may include:
(a) employment injury (social) insurance: Employers collectively finance an employment injury compensation scheme against the risk of work accidents and occupational diseases under the no-fault principle;
(b) employers’ liability: Employers are individually responsible and directly liable for the provision of compensation to injured workers;
(c) private insurance: Employers can choose or are obligated by law to take out an insurance contract in order to insure their liability;
(d) a combination of two or more of the above;
(e) another type of scheme (for example, non-contributory schemes).
Please indicate if the coverage of workers under existing schemes or provisions is provided on the basis of compulsory or voluntary affiliation.
No specific insurance against accidents at work and occupational diseases, these risks are covered under health care, sickness and invalidity schemes.
Compulsory, solidarity-based social insurance scheme for all persons with economic activity (employees and self-employed). The cost of treatment is paid by the social insurance scheme, however, co-payments are also required at the point of using some health care good or service, but the co-payment rules are settled in legislation.
The benefit for temporary incapacity for work is paid on the basis of a certificate of incapacity for work, which is issued right after the examination of the person.

The work ability allowance regulated by the Work Ability Allowance Act is an universal system with a flat-rate benefit financed from the state budget. The system covers all residents between the age of 16 and the pensionable age. The scheme is based on the capacity for work of the person concerned. The beneficiaries must be assessed as being partially able to work or not able to work to be entitled to receive the benefit. The work ability allowance is granted from the date of the application for the period of establishes partial or no work ability (usually up to five years). If the health status precludes any working ability and is unchanging or progres-sive, the allowance may be granted for longer up to pensionable age.

If a worker has suffered health damage as a result of an occupational accident or occupational disease and suffered direct property damage as a result (income has decreased compared to before or medical costs have increased), a worker has the right to compensation for harm. A claim for compensation for harm must first be submitted to the employer who is involved in causing the harm. If the employer is not willing to pay the compensation, a worker can submit the claim to the court to award the compensation. If the employer has been liquidated without a legal successor, worker has the right to contact the Social Insurance Board, who will compensate the loss due to loss of income, the loss damage due to additional medical costs, the loss due to loss of breadwinner.



C.019: Art. 3;
C.102: Arts 31, 32 and 71;
C.121: Art. 6;
R.121: Para. 3.

Scope of coverage: type of employment injuries

Industrial accidents
2. Please indicate whether industrial accidents covered by the legislation include those, regardless of their cause, sustained: (i) during the working hours at or near the workplace or at any place where the worker would not have been except for his/her work; (ii) within a reasonable period before or after working hours, in connection with transporting, cleaning, preparing, securing, conserving, and storing or packing of work tools and clothes; and (iii) while on the direct way between the place of work and the employee’s principal or secondary residence, the place where the employee usually takes his/her meals, or the place where he/she usually receives his/her remuneration (commuting accident).
According to Occupational Health and Safety Act, an occupational accident is damage to the health of an employee or death of an employee which occurred in the performance of a duty assigned by an employer or in other work performed with the employer’s permission, during a break included in the working time, or during other activity in the interests of the employer. Damage to health or death which occurred in the cases listed but which is not in a causal relation to the work of the employee or the working environment is not deemed to be occupational accident.
Travel to and from work is not covered.
Visits to locations outside the premises of the employer, home-working are covered.


C.102: Arts 31 and 32;
C.121: Art. 7;
R.121: Para. 5.
Occupational diseases
3. Please indicate if and how occupational diseases are defined in the national legislation and, if so, if it takes into account the following options: (a) a national list of diseases which shall be regarded as occupational diseases under prescribed conditions; or (b) a general definition of occupational diseases established in the legislation; or (c) a national list of diseases complemented by a general definition of occupational diseases or by other provisions for establishing the occupational origin of diseases not so listed or manifesting themselves under conditions different from those prescribed.
According to Occupational Health and Safety Act § 23, an occupational disease is a disease which is brought about by a working environment hazard specified in the list of occupational diseases or by the nature of the work.
There is an open list of occupational diseases established, which includes certain diseases and physical, physiological, psychosocial and chemical risk factors causing occupational disease or tumour.



C.121: Art. 8 and Schedule I.
4. In case there is a procedure for the recognition of the occupational origin of diseases that are not included in the national list of occupational diseases, please explain such procedures in detail and indicate rules of proof in this respect. In this regard, please indicate whether there is any presumption of occupational origin of diseases arising either from employee’s exposure to such diseases for a certain period or development of symptoms within a specified period following the last employment involving exposure.
In all cases, whether a disease is or is not included in the national list of occupational diseases, a doctor who suspects that an employee is suffering from a work-related illness (occupational disease or an illness caused by work) must refer the employee to an occupational health doctor.

An occupational disease and an illness caused by work are diagnosed by an occupational health doctor who must determine the state of the employee’s health and collect information concerning the employee’s current and previous working conditions and the nature of their work, involving other health care providers, where necessary. For this purpose, the occupational health doctor:
1) requires from employers information concerning previous medical examinations administered to the employee, and the results of the risk assessment of the working environment or, if there is no risk assessment, a letter of explanation concerning the employee’s working conditions and nature of their work;
2) talks to the employer and, where necessary, visits the working environment;
3) talks to the employee and, where necessary, requests additional health data from the employee.

An occupational health doctor must inform the employer, the Labour Inspectorate and the doctor who referred an employee to them of the employee’s occupational disease in writing or in a form reproducible in writing no later than within five days after diagnosing the disease.


R.121: Paras 6 and 7.

Scope of coverage: persons protected

Persons protected
5. Please indicate which prescribed categories of workers are covered by employment injury benefits. Please provide information on the possible exceptions in coverage by employment injury benefits particularly concerning the following categories of workers: (i) casual workers, out-workers, or family workers, etc.; (ii) seafarers, including sea fishermen; (iii) public servants; (iv) self-employed; (v) members of cooperatives (including agricultural); (vi) apprentices; (vii) domestic workers; (viii) prisoners and other detained persons doing work approved by authorities; and (ix) other categories of persons not otherwise covered who are active in the public interest or engaged in civic or benevolent pursuits (volunteers for public office, social service or hospitals, combatting natural disasters, etc.).
In case of accidents at work, the risks are covered by the health insurance (short-term benefits in kind and in cash) and the pension insurance (long-term benefits).

Benefits for incapacity for work (sickness benefit for the period of incapacity for work) are paid to all people having compulsory health insurance, which depends on social tax paid for them or by them rather than falling under a certain category. This general health insurance also covers medical care. An employee working under an employment contract, recipient of employment or the service fees on the basis of a contract under the law of obligations, a member of the directing body and the controlling body of a legal person (employer), a self-employed person and their spouses participating in their business activities, and business income tax payers are entitled to health insurance cover. An entrepreneur, including the owner of a one-person company, is entitled to social guarantees related to employment (including health insurance) if they receive remuneration under a contract of a member of the board or a contract under the Law of Obligations Act and social security contributions are paid for them per month at least to the extent of the monthly rate of social tax. They are also entitled to these guarantees if they conclude a contract of employment for more than one month or for an indefinite duration. The person paying business income tax is also entitled to health insurance if they pay social security contributions
Persons for whom social tax is not paid but are considered to be equal to insured persons:
1) pregnant women whose pregnancy has been identified by a doctor or a midwife;
2) persons under 19 years of age;
3) persons who receive a state pension granted in Estonia;
3´1) persons who have been found to have partial work ability or no work ability under the Work Ability Allowance Act;
4) persons with up to five years left until attaining the retirement age who are maintained by their spouses or registered partners who are insured persons;
5) persons acquiring basic or general secondary education, persons acquiring formal vocational education and higher education students who are permanent residents of Estonia and study in an educational institution in Estonia founded and operating on the basis of legislation or in an equivalent educational institution abroad, except for doctoral candidates that receive the doctoral allowance;
6) a monk or a nun who is a member of a cloister registered in the register of religious associations.
For futher detail, please see Health Insurance Act § 5.

Work ability allowance is paid to all people assessed by the Unemployment Insurance Fund of having partial or no working ability, no categories of workers excluded.

Additional benefit in cash and appropriate supplementary benefits in kind are paid by employer to place the aggrieved person in a situation as near as possible to that in which the person would have been if the circumstances which are the basis for the compensation obligation had not occurred. All employees are covered. The right to receive compensation from the employer is provided in the Law of Obligations Act.


C.012: Art. 1;
C.102: Arts 3, 31 and 33; C.121: Arts 2, 3, 4 and 5;
R.121: Paras 3 and 4.
6. In case the application of national legislation concerning employment injury benefits is limited to prescribed categories of employees, please provide information about the percentage or number of persons protected in relation to total number of employees.
-

C.102: Art. 33;
C.121: Arts 4 and 5.
7. Please indicate which categories of agricultural workers are covered by employment injury benefits. In this respect, please provide information on the scheme in place for the coverage of: (i) agricultural wage earners; and (ii) small farmers and their families, in case their members work in the same undertaking. In case there is a separate employment injury scheme covering all or specific categories of agricultural workers, please provide an assessment of whether these workers enjoy the same level of protection and benefits as other categories of workers.
General rules apply, no specific regulation for agricultural workers as such.

C.012: Art. 1.
8. Please indicate whether non-nationals/foreign workers and their dependants have equality of treatment with nationals as regards coverage and access to workers’ accident compensation/employment injury benefits. If not, please provide information on how non-nationals/foreign workers and their dependants are covered and entitled to such benefits.
As for health insurance, for the purposes of Health Insurance Act, an insured person is a permanent resident of Estonia or a person residing in Estonia on the basis of a temporary residence permit or the right of residence or a person legally staying and working in Estonia based on a temporary ground for stay for whom a payer of social tax must pay social tax or who pays social tax for themselves in accordance with the procedure, in the amounts and within the time limits provided for in the Social Tax Act, or a person considered equal to such persons on the basis of Health Insurance Act or on the basis of a contract specified in subsections 1 and 2 of § 22 of Health Insurance Act.

The work ability allowance is granted to persons from the age of 16 until retirement age, who are:
• Estonian citizens living in Estonia;
• foreigners residing in Estonia on the basis of a residence permit or right of residence;
• beneficiaries of international protection or asylum seekers staying in Estonia who have the right to work in Estonia on the basis of the Act on Granting International Protection to Aliens.
• An Estonian resident whose place of residence is in more than one country is entitled to the assessment of work ability and the work ability allowance if he or she is a resident within the meaning of the Income Tax Act or, if he or she is a permanent resident in Estonia within the meaning of the Aliens Act.

The precondition to being granted the work ability allowance is a decision of partial or no work ability as a result of work ability assessment conducted by the Unemployment Insurance Fund.

C.102: Art. 68;
C.121: Art. 27.
9. Please indicate whether equality of treatment is guaranteed to nonnationals/foreign workers and their dependants without any condition as to residence.
Equal treatment is guaranteed for all people who are legally in Estonia and for whom social tax has been paid.

C.019: Art. 1.
10. Please also indicate if there are any special arrangements that have been made with other Member States to provide that workers’ accident compensation or employment injury benefits, including access to medical care, due to work-related accidents happening to workers while temporarily or intermittently employed in a territory under your jurisdiction, on behalf of an undertaking located in the territory of another Member State is governed by the laws and regulations of that Member State.
Estonia has agreement with Ukraine where the benefit payment procedure is specified.

C.019: Art. 2.

Employment injury benefits

Medical care and allied benefits
11. Please indicate if there are any legal provisions specifying the guarantee of medical care and allied benefits to victims of employment injuries and, if so, provide information on whether and to what extent the medical care procedures guaranteed include the following:
All employees are covered compulsorily for accidents at work. According to Health Insurance Act § 54 (1) (6), the Health Insurance Fund will pay the benefit for temporary incapacity for work to an insured person per calendar day as a percentage of their average income per calendar day, which is 100 per cent in the event of an illness or injury caused as a result of an occupational disease or an accident at work (the Health Insurance Fund will recover from the employer the difference between the benefit paid at the rate of 100 as a result of an accident at work or an occupational disease and the benefit calculated at the rate of 70 per cent).
Medical care is given to all people having health insurance.

Emergency Act provides for the legal bases for crisis management, including preparing for and resolving an emergency as well as ensuring the continuity of vital services.
In case of a medical emergency, a trauma or a poisoning, every person on the territory of the Republic of Estonia is entitled to emergency medical care, regardless of whether they have medical insurance or not. Emergency care is a health care service provided by a health care worker in a situation where postponing or not giving help may cause permanent health damage or the death of the person in need for care. All health care workers are obliged to provide emergency care within the limits of their competence and the possibilities available to them. Ambulance services help people in case of a life-threatening illness, injury or poisoning by providing primary care, by giving diagnoses and by providing instructions for further treatment. If necessary, the ambulance takes the patient to the hospital. Ambulance services work 24/7 and are meant for giving emergency medical care.
For dental care, general rules apply. Distinction in the regulation depends on wether a person is under or at least 19 years of age. According to Health Insurance Act § 33 (1), if the worker is under 19 years of age, the Health Insurance Fund will assume a payment obligation arising from a contract for the provision of dental care services concluded, on the condition that the dental care service provided is entered in the list of health services. Dental care benefit for insured person of at least 19 years of age is regulated in the Health Insuract Act § 33¹. Rights of Health Insurance Fund upon assuming payment obligation of person of at least 19 years of age to pay for dental care service and denture service provided to person is regulated in the Health Insurance Act § 33².

Social Welfare Act provides the organisational, economic and legal bases for social welfare, and regulates the relations relating to social welfare. Act regulates assistance organised by state (technical aid service, social rehabilitation service and special care service) and 13 services that local authorities have to organise, including domestic service (§ 17, a social service organised by a local authority the objective of which is to ensure independent and safe coping of an adult in his or her home by maintaining and improving his or her quality of life), general care service provided outside the home of a person (§ 20). According to Social Welfare Act § 14, local authorities shall establish the procedure for provision of social welfare assistance which shall contain at least the description and financing of social services and benefits and the conditions and procedure for application for social services and benefits. Local authorities may organise social services and pay supplementary social benefits from a local authority budget under the conditions and pursuant to the procedure established by the local authority.
(a) general practitioner and specialist in-patient 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 renewed as necessary, and eyeglasses;
(f) the care furnished by members of such other professions as may at any time be legally recognized as allied to the medical profession, under the supervision of a medical or dental practitioner; and
(g) the following treatment at the place of work, wherever possible:
(i) emergency treatment of persons sustaining a serious accident;
(ii) follow-up treatment of those whose injury is slight and does not entail discontinuance of work.
Please indicate whether there is a maximum period for provision of the medical care and allied benefits indicated above.
According to Health Insurance Act § 57 (1), in the event of a disease or injury, an insured person has the right to receive sickness benefit until the date on which their work ability is restored as specified in the certificate for sick leave, but not for more than 240 consecutive calendar days in the event of tuberculosis or 182 consecutive calendar days in the event of any other disease. Health care services under Health Insurance Act are provided for the period needed.



C.102: Art. 34;
C.121: Arts 9 and 10.
12. Please provide information as to what extent medical care and allied benefits are provided to victims of employment injuries in the agricultural sector, considering the medical care procedures indicated in the question above.
General rules apply, no specific regulation for agricultural workers as such.

C.012: Art. 1.
13. Please provide information whether the medical care and allied benefits specified in question 11 are delivered against co-payment or participation and the extent to which the beneficiary is required to share in the cost of the medical care received.
According to Health Insurance Act § 30, the extent of cost-sharing by an insured person is that part of the reference price of a health service for which the payment obligation is not assumed by the Health Insurance Fund. The same extent of cost-sharing applies to all insured persons and the extent must not exceed 50 per cent of the reference price of a health service, unless otherwise provided for in Health Insurance Act. Cost-sharing does not apply to provision of emergency care.


C.102: Art. 34;
C.121: Art. 11.
General provisions for cash benefits
14. Please indicate whether there are qualifying periods for entitlement to workers’ accident compensation/ employment injury cash benefits, such as the length of employment or duration of insurance or period of contributions. In the

C.102: Art. 37;
C.121: Art. 9(2).

case of an occupational disease, please indicate whether eligibility for benefits is made subject to a certain period of exposure.
The health insurance cover will commence upon expiry of a waiting period of fourteen days from the date of commencement of work entered in the employment register (Health Insurance Act § 6 (1).
The benefit for temporary incapacity for work is paid on the basis of a certificate of temporary incapacity for work, which is issued right after the examination of the person. In the event of a disease or an injury, the consulting physician issues a sick leave to a person until the day of full recovery of work ability, but not for longer than 240 subsequent calendar days in case of tuberculosis or 182 subsequent calendar days in case of some other disease.
There is no time-limit for the person to ask for medical care.

In case of an occupational disease, there is no minimum duration of risk exposure established before there is a presumption that a disease or ailment is related to working neither a specific time-limit within which the occupational disease must be diagnosed after a person has stopped working in the occupation or situation concerned for benefit to be payable.

No qualifying period for compensation paid by the employer in case of an occupational accident and disease, the right to receive compensation depends on the circumstances of the accident and disease. According to the Law of Obligations Act § 127 (4), a person shall compensate for damage only if the circumstances on which the liability of the person is based and the damage caused are related in such a manner that the damage is a consequence of the circumstances (causation).
Qualification conditions for survivor's pension: who is pregnant (from the 12th week of pregnancy); who is non-working and rears the deceased person's child under 3 years of age, or who has attained pensionable age or has partial or no work ability if the marriage has lasted at least 1 year.

No qualifying periods for work ability allowance, the qualification depends on the assessment of person´s abilities. As a rule, the evaluation of work ability is provided for a long-term and permanent condition (lasts longer than 6 months). If a person has a health problem that causes temporary incapacity to work, i.e. the health condition is likely to improve as a result of the prescribed treatment, then it is not a long-term health impairment.
According to the Work Ability Allowance Act § 9, the Unemployment Insurance Fund shall make a decision concerning the assessment of work ability within 30 working days as of receipt of the application. The Unemployment Insurance Fund may, with good reason, extend the term for review of the application. The unemployment insurance fund shall immediately notify the applicant of extension of the term together with the reasons for extension. The allowance will be issued from the date of the application`s submission if person`s ability to work is reduced.



15. Please indicate the duration of the payment of cash benefits, for both temporary and permanent incapacity. Please indicate whether there is a waiting period (an initial period during which cash benefits are not paid).
In case of sick leave for occupational accident and disease the waiting period is 1 day.
The sick leave for temporary incapacity for work can be issued up til 240 subsequent calendar days in case of tuberculosis or 182 subsequent calendar days in case of some other disease.

The work ability allowance is granted from the date of the application for the period of established partial or no work ability (usually up to five years). If the health status precludes any working ability and is unchanging or progressive, the allowance may be granted for longer up to pensionable age.

Employer´s compensation is paid as long as the damage is identified, detailed conditions depend on the agreement between the parties or the court decision.


C.102: Art. 38;
C.121: Arts 9(3), 13 and 14;
R.121: Para. 8.
16. Please indicate whether there is a maximum amount prescribed for cash benefits to be provided or for the earnings considered for the computation of benefits.
According to Health Insurance Act § 54 (1) (6), the Health Insurance Fund will pay the benefit for temporary incapacity for work to an insured person per calendar day as a percentage of their average income per calendar day, which is 100 per cent in the event of an illness or injury caused as a result of an occupational disease or an accident at work.

According to Law of Obligations Act § 130, the employer should compensate the employee for expenses arising from health damage or injury, including those arising from the increased needs, from total or partial incapacity to work and from a decrease in income or deterioration of the future economic potential. No maximum amount prescribed.

Work ability allowance is a flat rate benefit and not related to previous earnings.
Allowance is granted from the date of the application for the period of established partial or no work ability (usually up to five years). If the health status precludes any working ability and is unchanging or progressive, the allowance may be granted for longer up to pensionable age.
From 1 April 2024, the daily rate of the work ability allowance is EUR 20,57, of which the allowance per calendar day:
for partial work ability is 57% of the daily rate (EUR 11,7249 per day, averaging EUR 351,75 per month);
for no work ability is 100% of the daily rate (EUR 20,57 per day, averaging EUR 617,10 per month).
The allowance is payed each month for the previous calendar month by the tenth day of the current calendar month.
The allowance is gradually reduced if the beneficiary’s previous month`s income exceeds a ceiling of 90 times the daily allowance rate. The reduction amounts to 50% of the difference between the income and the ceiling.
Work ability allowance is not paid for the current month, if previous month's income exceeds €2554.79 in the case of partial work capacity and €3085.50 euros in the case of no work ability.


C.102: Art. 65(3);
C.121: Art. 19(3).
Cash benefits to specific categories
17. Please provide information, if applicable, on the level of workers’ accident compensation/employment injury cash benefits and qualifying conditions for entitlement of such benefits for agricultural workers who are victims of employment injuries and their survivors.
General rules apply, no special regulation for specific categories, including agricultural workers, as such.


C.012: Art. 1.
18. Please provide information, if applicable, about any specific conditions applied to self-employed persons, in particular persons owning and actively engaged in the operation of small-scale businesses or farms, and/or members of cooperatives, to workers’ accident compensation/employment injury cash benefits, either under mandatory or voluntary schemes.
Law of Obligations Act clauses on compensation for damage, including § 129 (compensation for patrimonial damage upon causing death) and § 130 (compensation for damage in case of health damage or bodily injury) apply to service contracts as well, so if a person is not considered to be in an employment relationship within the meaning of Employment Contracts Act, he or she can still file a claim on the basis of Law of Obligations Act.
Also, private insurance providers offer a variety of life insurance, accidents insurance, etc.
As self-employed persons are not covered by the Occupational Health and Safety act, their injuries are not considered to be occupational accidents, but general injuries. Therefore, Health Insurance Act § 54 (1) (1) applies. The Health Insurance Fund pays the insured person compensation for temporary incapacity for work for one calendar day 70% from the average income of one calendar day.
No specific conditions as regards payment of the work ability allowance.


R.121: Para. 3(b).
Cash benefits in case of temporary incapacity
19. Please indicate whether a minimum prescribed degree of loss of capacity resulting from a morbid condition and involving suspension of earnings is required for entitlement to workers’ accident compensation/employment injury benefits and what is the established degree.
No minimum prescribed degree of loss of capacity is established in case of benefit for temporary incapacity. If the certificate for sick leave is issued, temporary incapacity for work is identified without determining the degree of loss of capacity and the benefit of 100 per cent in the event of an illness or injury caused as a result of an occupational disease or an accident at work is paid.


C.012: Art. 1;
C.102: Arts 32(b) and 36; C.121: Arts 13, 19 and 20, Schedule II.
20. Please provide detailed information, as applicable, on the manner by which compensation/cash benefits due to temporary incapacity to work are calculated, or how their level is determined. In case of periodical payments, please indicate whether they are paid in a flat rate or calculated based on previous earnings of beneficiary, and, in this case, the percentages applied.
100% of the wage from the second day in the case of work accident or occupational disease. The benefit paid by the Health Insurance Fund is based on the social tax paid for the employee during the calendar year preceding the illness (per calendar day as a percentage of his or her average income per calendar day). No ceilings.

C.102: Arts 36, 65 and 66,
Schedule of Part XI;
C.121: Arts 13,19 and 20,
Schedule II; R.121: Para. 9.
Cash benefits in case of permanent total or partial loss of earning capacity or corresponding loss of faculty (disability benefits)
21. Please indicate whether disability is determined based on: (i) loss of earning capacity; (ii) corresponding loss of faculty; or (iii) a mix of both. In cases where the provision of benefits is dependent upon the attainment of a minimum degree of disability, please indicate what is the minimum degree established.
Disability is determined based on loss of faculty and benefits depend on the degree of disability.

Disability is determined and benefits are paid based on Social Benefits for Disabled Persons Act. Disability is assessed by Social Insurance Board in three age groups (children, people in the working age, people in the retirement age) and in moderate, severe and profound degree. Benefits are paid if a person has at least moderate degree of disability.

For children and people in the retirement age disability is assessed proceeding from the need for personal assistance, guidance or supervision. Personal assistance or guidance means the provision of assistance to persons who do not cope independently with eating, treatment, hygiene, clothing, moving about or communicating. Supervision means the ensurance of safety regarding persons who, by act or omission, may constitute danger to the life, health or property of themselves or other persons.

For people in the working age, disability is assessed proceeding from restrictions on participation in daily activities and social life. Working age people also have assessment of work ability and work ability allowance.  Work ability is assessed in accordance to Work Ability Allowance Act.

Estonian residents of working age (16-65 years) with health problems can apply for work ability allowance. It is determined based on the work ability assessment expertise, which assesses the loss of faculty. Work ability assessment is conducted and the allowance is payed by Estonian Unemployment Insurance Fund.

Work Ability Assessment is based on The International Classification of Functioning, Disability and Health (ICF). During the assessment process, a person’s health status and restrictions on activity and participation arising from that, which hinder working life participation (finding and keeping a job) are clarified.
A person’s ability to work is assessed in following domains:
• Moving
• Manual performance
• Communication
• Self-care and consciousness
• Learning and applying knowledge/skills
• Adaption to changes and perception of safety
• Interpersonal interaction

The decision can be as follows:
• Able to work
• Partially able to work
• Not able to work
The beneficiaries must be assessed as partially able to work or not able to work to be entitled to work ability allowance.




C.012: Art. 1;
C.102: Arts 32(c) and 36;
C.121: Art. 14.
22. Please provide detailed information, as applicable, on the manner by which compensation/cash benefits due to permanent loss of earning capacity or corresponding loss of faculty are calculated, and how their level is determined for
C.012: Art. 1;
C.102: Arts 36, 65 and 66,
Schedule of Part XI;

(a) total disability, and (b) partial disability. In case of periodical payments, please indicate whether they are paid in a flat rate or calculated based on the previous earnings of the beneficiary, and, in this case, the percentage applied.
(a) Work ability allowance is a flat rate benefit and not related to previous earnings.
Allowance is granted from the date of the application for the period of established partial or no work ability (usually up to five years). If the health status precludes any working ability and is unchanging or progressive, the allowance may be granted for longer up to pensionable age.
From 1 April 2024, the daily rate of the work ability allowance is EUR 20,57, of which the allowance per calendar day:
for partial work ability is 57% of the daily rate (EUR 11,7249 per day, averaging EUR 351,75 per month);
for no work ability is 100% of the daily rate (EUR 20,57 per day, averaging EUR 617,10 per month).
The allowance is payed each month for the previous calendar month by the tenth day of the current calendar month.
The allowance is gradually reduced if the beneficiary’s previous month`s income exceeds a ceiling of 90 times the daily allowance rate . The reduction amounts to 50% of the difference between the income and the ceiling.
Work ability allowance is not paid for the current month, if previous month's income exceeds €2554.79 in the case of partial work capacity and €3085.50 euros in the case of no work ability.
The following is deemed to be income: the remuneration on which social tax is paid, unemployment insurance benefit, parental benefit, benefit for temporary incapacity for work and sickness benefit paid by employer.
In case of partial work ability, the person must meet activity criteria to receive the benefit. They have to: work; be registered as unemployed; study; raise at least one child under the age of three; take care of a severely or profoundly disabled family member or disabled person in need of assistance; receive a grant designated by the Estonia Artistic Association or the Ministry of Culture; be placed in an institution without consent to receive round-the-clock special care services; be in outpatient or inpatient treatment (including detoxification) or serve a substitute punishment or a means of influence provided by law; be in temporary, substitute or reserve service.
The allowance is indexed once a year on April 1. The index depends on the increase of consumer prices and the increase of social tax revenues (20:80 respectively).
(b) Benefits for people with disabilities are paid when moderate, severe or profound disability is determined. State-budget financed social benefits for people with disabilities are:
1) Disability allowance for a person of working age
                - depends on the degree and type of disability and is between 28.64–53,70 eur per month.
2) Disability allowance for a person of retirement age
- moderate: 12,79 eur per month
                - severe: 26,85 eur per month
             - profound: 40,91 eur per month
3) Allowance for a parent with a disability
                - 19,18 eur per month
4) education allowance;
- Is paid according to the actual additional expenses and is between 6,39–25,57 eur (monthly, except July and August)
5) In-service training allowance
                - Is paid to compensate the actual training expenditure and is up to 613,68 eur per three calendar years


C.121: Arts 14, 19 and 20,
Schedule II;
R.121: Para. 9.


23. Please provide information on the degree of loss of earning capacity or loss of faculty required to qualify: (i) for periodical benefits at the minimum level; and (ii) the full amount of compensation/cash benefits.
Work ability is assessed and allowance is payed in accordance to Work Ability Allowance Act by Estonian Unemployment Insurance Fund. Work ability assessment is in most cases documents-based and conducted by expert doctors who have completed medical training. Expert doctors assess person`s application and their health data in digital health information system. If the ability to work is reduced, the person has a right for the allowance.

Able to work – no benefit
Partially able to work – daily rate 11.72€ (57% of the daily rate)
Not able to work – daily rate 20.57€ (100% of the daily rate)

Allowance is payed once a month for the previous month (the amount of benefit depends on how many days there were in a previous month).
Disability is determined and benefits are paid based on Social Benefits for Disabled Persons Act by Social Insurance Board. Disability assessment is paper-based and the assessment is done by expert doctors who have completed medical training. Assessment is done based on digital health information system and person’s application. If a degree of disability is assessed, a person has a right for the benefit as well.

C.121: Arts 14(2), (3), 19 and 20, Schedule II.
Cash benefits in case of death of the worker (survivors’ benefits)
24. Please indicate, as applicable, the categories of beneficiaries (for example, spouses/partners, children, parents, siblings, grandchildren, etc.) who are eligible to benefits (survivors’ benefits) in case of the death of the worker due to an employment injury. In this regard, please indicate whether there is any difference in the provision of compensation/cash benefits depending on the gender of the survivor.
In the case of the death of the worker, the family members who were dependent on him have the right to support. It is a similar circle to those entitled to a survivor's pension. A widow(er), child, brother, sister or great-grandchild has the right to support if they meet the conditions for survivor's pension. All genders are treated equally.


C.012: Art. 1; C.102:
Art. 32(d);
C.121: Art. 6(d) and 18(2);
R.121: Para. 13.
25. Please indicate whether the right to compensation/cash benefits provided to surviving spouses/partners is conditional on their being presumed to be incapable of self-support. When available, please indicate in which cases the spouse/partner is presumed incapable of self-support (for example: when the survivor achieves prescribed age, has a disability, or has dependent children).
The right to receive the benefit is to a widow or a widower or a registered partner with whom the registered partnership has been terminated due to death, who has been established to have partial or no work ability or who is of pensionable age and whose marriage to or registered partnership with the provider had a duration of at least one year.

C.102: Art. 32(d).
26. Please indicate whether the survivors of an employee who was employed in the territory at the time of the accident or at the time of contracting the disease are entitled to the survivors’ benefits without any conditions as to residence.
If work accident or occupational desease is caused by Estonian company in the territory of Estonia, then there is no restriction to the person, where he/she can live afterwards.

C.102: Art. 37.
27. Please indicate how survivors’ benefits are calculated and specify the level of cash benefits provided to each survivor. In case of periodical payments, please indicate whether they are paid a flat rate or calculated based on previous earnings of the deceased, and, in this case, the percentage applied. Please indicate whether there is a maximum limit upon the total benefits payable to all the survivors.
The calculation of compensation is based on the average income of the 12 months of full-time work prior to the identification of an occupational disease or work accident. The benefit is paid to the children up to 18 or in the case of studying up to 24 years.

C.102: Arts 36, 65 and 66;
Schedule of Part XI;
C.121: Arts 18, 19 and 20;
Schedule II;
R.121: Para. 14.
28. Please indicate the waiting period prior to receiving survivors’ benefits and for how long each type of survivor can receive cash benefits in case of periodical payments.
Before the accident, the employee had to work officially and be socially insured. The insured event occurs immediately after the official employee's accident. Children get their benefit until the age of 18 , or until the age of 24 if they are studying. A widow(er) gets the benefit during the periood when he/she himself/herself is uncapable to work or is in the pension age.

C.102: Art. 38; C.121: Art. 9(3).
29. Please indicate if survivors are entitled to receive funeral benefits and how such benefits are calculated.
There are no funeral benefits in Estonia. Funeral expenses following an occupational accident can be recovered through the court.

C.121: Art.18(2).
Optional question
30. Please also indicate whether a minimum duration of marriage is required for the entitlement to survivors’ benefits.
Yes, one year is required.


Commuting periodical payments in lump sum
31. Please indicate if, under certain circumstances, employment injury benefits in the form of periodical payments can be converted into a lump sum. For example, please indicate if a conversion is possible:

(i) in cases where the degree of incapacity is slight. In this case, please indicate which is the degree enabling a lump sum conversion and explain how this degree is determined;
(ii) where competent authorities are satisfied that such lump sum will be properly utilized or is particularly advantageous for the injured person. In this case, please indicate which is the authority that has the competence to make this assessment and provide information as to the manner such assessment is carried out.
For both cases, please indicate how this lump sum is calculated (for example, whether variables such as age, sex, benefit-type and life expectancy or other factors are considered).
Work ability allowance and benefit for temporary incapacity for work are not possible to convert into a lump sum, neither the compensation paid by the Social Insurance Board. As for the compensation claimed from the employer it is up to the parties to agree whether it is paid as a lump sum or as periodical payment or as mix of lump sum and periodical payments.



C.012: Art. 1;
C.102: Art. 36(3);
C.121: Art. 15;
R.121: Para. 10.
Constant help or assistance of another person
32. Please provide information as to the possibility of increase, either in percentage or in a prescribed amount, of the compensation/cash benefits paid periodically in case the injured worker needs the constant help or attendance of another person.
The injured worker can claim from the employer compensation for expences related to the need of constant help under Law of Obligations Act § 130. If the employer has been liquidated without a legal successor, an application can be submitted to the Social Insurance Board.
Monthly allowances for people with disability depend on the degree of disability. If a person needs constant help or attendance of another person they might have a profound disability and they will have a monthly allowance of profound disability.

If a person is in the working age they might have both degree of disability and partial or no work ability, that also means they might be eligible for both – disability allowance and work ability allowance. From 1 April 2024, the daily rate of the work ability allowance is EUR 20,57, of which the allowance per calendar day:
for partial work ability is 57% of the daily rate (EUR 11,7249 per day, averaging EUR 351,75 per month);
for no work ability is 100% of the daily rate (EUR 20,57 per day, averaging EUR 617,10 per month).

Additionally, according to Social Welfare Act the local authority of a person’s residence is required to organize the provision of social services (e.g. domestic service, support person service, personal assistant service), social benefits, emergency social assistance and other assistance to the person.  Local authority shall identify the need for assistance of a person who requests assistance and determine the extent of corresponding assistance and organize the provision of assistance or help with activities required to receive assistance. Identification of the need for assistance shall be based on the integrity of the person's need for assistance, considering the circumstances affecting his or her ability to cope and participation in social life, including circumstances related to the operational capacity of the person and circumstances related to the physical and social environment of the person. If a person whose need for care has been identified due to a chronic illness, special needs or another long-term health problem requests assistance, the local authority shall determine the person who shall, outside his or her professional or official job, care for the person who needs assistance. The local authority shall also determine the need for support of the person caring for the person who needs assistance, considering his or her actual care burden and the circumstances affecting his or her ability to cope and participation in social life.


C.012: Art. 1;
C.121: Art 16;
R.121: Para. 11.
Payment of workers’ accident compensation/employment injury benefits abroad
33. Please indicate whether there are any special arrangements that have been made with other Member States (for example, bilateral or multilateral agreements) which provide for: (i) the payment of employment injury benefits/compensation outside the territory of your country, e.g. direct transfer to the bank account abroad of the beneficiary; and (ii) any measures of mutual assistance taken with a view to facilitating the execution of national laws and regulations concerning equality of treatment in the provision of workers’ compensation/employment injury benefits.
In addition to the EU, we have a social security agreement with Ukraine on this subject. We pay the benefit via the competent institutions with Ukraine.



C.019: Arts 1 and 4.
34. When a person, national or non-national, to whom compensation is due under national laws and regulations resides in the territory of another Member State, please provide information about necessary measures taken to facilitate the payment of workers’ compensation/employment injury benefits abroad and to ensure the observance of the conditions governing such payments laid down by national legislation.
If the company where the work accident occurred has been liquidated, the Social Insurance Board will pay the compensation.In ohter cases the person must contact directly to the company, which is respnsible of the accident/disease. In order to request compensation for damages, it is necessary to fill in EU application forms or make available all medical documents proving that medical problems is caused by occupational disease or work accident.

R.025: Para. I(a).

Prevention and vocational and rehabilitation services
35. Please provide, as applicable, detailed information concerning: (1) measures taken to prevent industrial accidents and occupational diseases; (2) provision of vocational rehabilitation services to assist a worker with permanent disability to resume his/her previous professional activities or, in case this is not possible, to resume the most suitable gainful professional activity; and (3) measures taken to further the placement of persons with disability in suitable employment.
(1) Legal framework has been set (Occupational Health and Safety Act, Employment Contracts Act are the main acts), establishing rights and obligations of employers and workers, including requirements for working environment, obligation to assess risks, liability regulation in case of violations, etc. One of the functions of the Labour Inspectorate is to carry out monitoring, within the limits of the powers conferred on it by law, of employers’ compliance with obligations arising from legislation on occupational health, occupational safety, and employment relationships. The purpose of this supervision is to facilitate and proactively ensure the creation of a safe, secure, and healthy working environment. Misdemeanour proceedings are initiated if the employer’s actions or behaviour contain the elements of a misdemeanour. A penalty payment is as a preventive measure to force the addressee to comply with the precept without delay, so that there is no need to apply the same or another coercive measure to the addressee again.
The Labour Inspectorate has created a working environment consultant service to provide employers with more personal support and advice. The consulting service is offered all over Estonia, regardless of location. The consulting service is free for companies.
In 2015, working environment consultants started working at the Labour Inspectorate, whose main task is to consult employers on occupational health and safety in the company.

The consulting service is also intended for new companies to help pay attention to occupational health and safety from the very beginning.
As of summer 2023, the Labour Inspectorate offers a mental health consultant service for supporting employers’ activities in managing psychosocial risk factors which can have links to occupational accidents and occupational diseases. The consultation is free for employers and offered all over Estonia. The consultation service is intended for all employers who wish to learn more about the mapping and management of psychosocial risk factors.
The consultants’ main task is to consult employers on occupational health and safety in the company. The consultant advises the employer on setting up a work environment management system, rather than looking for individual violations in the working environment. They can be invited to a general company consultation covering the entire working environment and documentation, as well as to a consultation on a specific area of the working environment (e.g. use of personal protective equipment). The mental health consultant focuses on the mapping and management of psychosocial risk factors. The consultation process involves getting to know the organisation, assessing the current situation and reviewing relevant documents. The mental health consultant is a tool for the employer, offering the opportunity to bring a third party into the work environment and gain new ideas and solutions. In addition, it is also possible to discuss specific topics with the consultant. The service of consulting the whole company is offered to small and medium-sized companies. In large companies, the area of consultation must be defined before the visit, such as the organisation of health examinations or mentoring and training.

The Labour Inspectorate also provides free trainings and shares information thru social media.

(2) Estonian Unemployment Insurance Fund coordinates the vocational rehabilitation in Estonia.
The purpose of vocational rehabilitation is to prepare individuals with health-related problems for work and to support their attempts at finding employment or staying employed.
The prerequisites to receive the rehabilitation are:
◦ The person must be aged between 16 years until retirement age and
◦ must have a health-related obstacle and
◦ must be active, meaning that registered as unemployed or be employed or be enrolled in basic, secondary, work-related or higher education.

The Social Insurance Board is responsible for social rehabilitation (e.g. occupational therapy, speech therapy, physiotherapy).
Local authorities are responsible for the provision of special transportation for disabled persons, adaptation of the dwelling, personal assistant.

Participation in vocational training or rehabilitation is not mandatory in order to receive work ability allowance.

Vocational rehabilitation is an integrated service. It is designed for people who have several health-related obstacles in finding or continuing to work and thus need the help of several specialists i.e a rehabilitation team.
Main services provided: physiotherapist, psychologist, peer support, social worker, occupational therapist, speech therapist. However, these services are not for recovery but are very specifically work focused activities.

If person`s work ability is reduced, he or she can turn to specialized case manager in Estonian Unemployment Insurance Fund offices, who assesses the need for the service. It is carried out as a conversation between case manager and the client in the work-oriented counseling process. The case manager examines the work ability assessment expertise and asks questions from the person about work, motivation and readiness. Questions are combied with RFK codes. Then the person together with a case manager chooses a domain, where he / she needs the support most: preparing for work/study, supporting job searches, maintaining work/study. The client can choose the vocational rehabilitation provider from the list of Estonian Unemployment Insurance Fund`s partners. The rehabilitation team sets the goal, plans the necessary interventions and prepares an action plan.
All the information is exchanged between Estonian Unemployment Insurance Fund and service provider digitally. The service providers are private companies, but they must meet the criterias provided in the law and they must be official partners of Estonian Unemployment Insurance Fund.

Over the course of the service, the factors hampering a person’s studies or work are identified and their effects are reduced, support is given for maintaining or increasing capacity to work, recommendations are made regarding the work tasks, conditions and environment and their skills are developed to increase their employment prospects or help them keep their job.
The service generally lasts up to one year, although it is possible to prolong it as well. If the person is ready to transit to work after rehabilitation, the case manager assists him or her in the job search. In more complex cases, the vocational rehabilitation can be offered more than 1 time.

(3) Other support measures for employees with reduced working ability are:

• It is possible to get a compensation if the person needs to work with a support person (needs additional help and guidance when carrying out job duties). It can be a colleague or a suitable person from outside the workplace. The support person does not perform work duties and does not provide professional education or training.
• Peer support is intended for people who need the support of an individual with similar disability or health condition to resolve their problems.
• Supported employment service is meant to increase the preparedness of people with health-related obstacles in entering the open job market and help them find and maintain employment. It is intended for clients for whom work-focused counselling and previous employment services have not been sufficient to become and stay employed.

Support measures for employers who recrute people with reduced working ability:
• social tax compensation for a person with reduced work ability is paid on behalf of employers;
• up to 100% compensation of the costs of workplace adaptation for employers (for example build a ramp or install a stairlift at the entrance to the building, automate the opening mechanisms of entrances, widen door openings and level thresholds, change the height of worktops, lower the position of light switches). A home-based workstation can also be adapted if it is agreed upon with the employer;
• provision of special equipment to the disabled person if this is necessary for him/her to carry out his/her work (for example screen reading software, a digital magnifier, an audio transmission system and lifting, handling and tilting aids at the workstation);
• It is possible to participate in different councellings, information services, seminars, training sessions, workshops, individual consultations
• compensation of training costs for employers offering different work and retraining to employees who could not perform their previous occupation due to health reasons;
• wage subsidy can be granted to employers who employ an unemployed person with reduced working ability; it is 50% of the wage or salary and paid for maximum 12 months.


C.102: Art. 35;
C.121: Art. 26.

Financing and rating

Financing of employment injury benefits
36. Please explain how and by whom (e.g. employers, workers, government, others) workers’ compensation and employment injury benefits are financed. Please indicate the contribution rate or level of the premiums that are collected for the benefits’ financing.
The social protection system is pre-dominantly financed by social contributions. The proportions of funding are not specified in the legislation.
Earmarked taxes are used to finance social protection. Risks covered are old-age, survivors, health insurance, unemployment insurance. Social contribution rates are set separately for each risk.
State and local authorities are involved in the financing of social protection.
Employers:
General rate of social tax equivalent to 33% gross pay-roll, of which:
• 13% is earmarked for health care and sickness insurance
• 20% is earmarked for pension insurance (16% + 4% for persons who have joined the second pillar of the pension insurance sys-tem).

Voluntary funded pensions contribution: for employees 2% of gross wages.

Unemployment Insurance premium:
2.4% of gross wages total, of which
1.6% employee
0.8% employer.

Work Ability Allowance is universal system with a flat-rate benefit financed from the State budget.


C.102: Art. 71.

Institutional framework – claims, supervision and enforcement
Administration and application procedures
37. Please indicate how your country accepts general responsibility for the due provision of employment injury benefits (for example, in case responsible private institutions or employers have failed in providing such benefits).
If the employer does not pay the compensation claimed by the employee, the employee has the right to turn to court. Enforcement agent operating under Enforcement Agents Act can help to execute the judicial decisions.
If the employer who paid or should have paid damage compensation has been liquidated without a legal successor, a person can contact the Social Insurance Board, who will compensate the loss due to loss of income; the loss damage due to additional medical costs;
loss due to loss of breadwinner.


C.102: Arts 71(3) and
72(2);
C.121: Arts 24(2) and 25.
38. Where the administration is not entrusted to an institution regulated by the public authorities or to a government department, please provide detailed information as to the participation of the representatives of persons protected, representatives of employers and, when appropriate, government authorities in the management or consultive body of the institution responsible for the due provision of employment injury benefits.
-

C.102: Art. 72(1);
C.121: Art. 24(1).
39. Please indicate if any advantage, granted by national legislation, concerning the provision of workers’ compensation/employment injury benefits is extended under the same conditions to the nationals of other Member States (for example, exemption from duties and taxes, free issue of official documents or other privileges). In case there is no system for the provision of worker’s compensation/employment injury benefits in case of work-related injury, please indicate if any facilities are afforded to foreign workers enabling them to benefit by the laws and regulations concerning such benefits in their own countries.
Equal treatment is for all people who are legally in Estonia and for whom social tax has been paid.

R.025: Paras I(c) and II.
Assessment and revision of the level of incapacity and benefits
40. Please indicate the conditions in which periodical payments due in respect of loss of earning capacity or corresponding loss of faculty are reassessed, suspended, or cancelled by reference to a change in the degree of loss. Please indicate whether supplementary or special benefits are provided in case an

C.121: Art. 17;
R.121: Para. 12.
employment injury entails unemployability or disfigurement and this is not taken fully into account in the evaluation of the loss sustained by the injured person.
Work ability allowance payments` period depends on for how long period the assessment is made – the decision can be from 6 months up to 5 years. After the reassessment, the benefit is also recalculated by reference to a change in the degree of loss.
There is a list of conditions in the law that exclude the ability to work, which are particularly severe statues (dementia, dialysis treatment, end-stage cancer, permanently bedridden, controlled breathing, moderate or severe or profound mental retardation). In this case, the application is assessed  in a simplified manner, and the lack of working capacity is determined until retirement age.
The benefit paid by the employer or Social Insurance Board can be recalculated depending on the agreement between parties or the court decision.



Suspension, accumulation, adjustment and reduction of employment injury benefits
41. Please indicate whether and, if so, under what conditions workers’ accident compensation/employment injury benefits can be suspended or reduced. In this regard, please indicate whether such benefits are subject to suspension in case of absence from the territory of your country, with respect to both nationals and non- nationals.
Pursuant to section 127 of the Law of Obligations Act, the purpose of compensation for damage is to place the injured person in a situation as close as possible to the situation they would have been in if the circumstance on which the obligation to compensate for damage was based had not occurred. It is possible, depending on the situation of the injured person and his or her income situation that the regular/monthly compensation paid by the employer (or the Social Insurance Board if the employer has been liquidated without a legal successor) is reduced if the persons income has increased. Also, the agreement between the employer and the injured person is within the scope of civil law and the parties can reach a mutual agreement on the amount of the benefit, in principle, there is a possibility for the employer and the person injured to agree on suspension or reduction.

If work related accident or occupational disease causes permanent loss of work ability (assessed after 6 months), the person can apply for work ability assessment and allowance. Work ability is assessed generally and the process is not related to the specific workplace where work related accident took place.

Suspension. The payment of the work ability allowance is suspended for ten days, if the recipient of the allowance with partial working ability, who is registered as unemployed violates the activity requirements of unemployment without valid reason for the first time. The payment of the allowance is suspended for 30 days, if the recipient of the allowance violates the activity requirements for the second time without a valid reason. When registering as unemployed again, the right to support continues when the period of suspension has ended. The payment of the work ability allowance is suspended if the person has not met another activity requirement at the same time.

Suspension due to missing data. If the recipient's work ability allowance paid as home payment or bank transfer is returned to the Estonian Unemployment Insurance Fund for two consecutive months, payment of work ability allowance is suspended from the third month.

If the recipient of the work ability allowance fails to provide the Estonian Unemployment Insurance Fund with information on income from abroad for 2 (two) consecutive months, payments of the work ability allowance are suspended starting from the month for which the information required for payment of the allowance is missing.

Termination. Payment of the work ability allowance is terminated if the recipient of the work ability allowance with partial work ability does not fulfil activity requirements (doesn't work, doesn't study, etc.) or does not comply with the activity requirements for unemployment for the third time without valid reason and their unemployment status is cancelled.

Work ability allowance is not terminated if the person with partial work ability complies again with the same or another activity requirement no later than 14 calendar days after the end of one activity requirement. If the recipient of work ability allowance had unemployment status as an active condition and the new condition is also unemployment status, and the person did not meet any of the other activity requirements in between the two periods of having unemployment status, the payment of work ability allowance to the person will be terminated on the date of termination of the first unemployment status, regardless of the fact that the person re-registered as unemployed within 14 calendar days.



C.102, Art. 69;
C.121: Art. 22.
42. Please indicate whether, and under which circumstances, it is possible to cumulate employment injury benefits with other types of social security benefits. Regarding the adjustment and periodicity of cash benefits, please indicate whether such adjustments are made following substantial changes in the level of earnings or cost of living, or a mix of both.
Local authorities may voluntariliy offer benefits to their residents and it is not excluded that voluntarily offered benefits are cumulated with temporary sickness benefit.
Temporary sickness benefit can be paid together with damage compensation paid by employer.
It is possible to receive damage compensation together with pension.
It is possible to receive a disability allowance for a person of working age and allowance for a parent with a disability at the same time.
As for the work ability allowance, according to the Work Ability Allowance Act § 14, the Unemployment Insurance Fund shall index the amount of daily rate on 1 April each year by the index of state pensions established on the basis of § 26 (6) of the State Pension Insurance Act based on the daily rate in force on 31 March of the given calendar year. Upon calculation of the daily rate, the amount shall be rounded after indexation to the accuracy of one cent.
According to the Occupational Health and Safety Act § 312, the periodical benefit paid by Social Insurance Board as compensation for damage in case of the liquidation of the employer without a legal successor is indexed also with the pension index on the 1st of April every year. The benefit is not indexed if the index value is lower than 1,000.

A survivor's pension can be adjusted depending on the number of family members in accordance with State Pension Insurance Act.


C.102: Arts 65(10), 66(8) and 69(c);
C.121: Art. 21;
R.121: Para. 15.
Right to appeal
43. Please indicate any legal provisions and specify the type of mechanisms that guarantee victims of employment injury the right to appeal in case of refusal of the benefit or complaint as to its quality and quantity.
Occupational Health and Safety Act § 14 establishes the right of an employee to receive compensation for damage caused to their health by the work to the extent provided in the Law of Obligations Act. According to Law of Obligations Act § 130, the employer should compensate the employee for expenses arising from health damage or injury, including those arising from the increased needs, from total or partial incapacity to work and from a decrease in in-come or deterioration of the future economic potential. According to the Constitution of the Republic of Estonia, everyone whose rights and freedoms are violated has the right of recourse to the courts.

As regards work ability allowance, the assessment decision by the unemployment insurance fund, can be appealed 30 days from the day of receipt. According to the Work Ability Allowance Act § 23, a person who finds that his or her rights are violated or his or her freedoms are restricted in the course of assessment of work ability and payment of work ability allowance may file a challenge with the unemployment insurance fund.


C.102: Art. 70;
C.121: Art. 23.
44. In case of dispute or claim originating in your country concerning the nonpayment, cessation of payment, or reduction of the compensation due to a person residing abroad, please indicate whether facilities are afforded for taking proceedings in the competent courts of law of your country without requiring the attendance of the person concerned.
Code of Civil Procedure § 217 establishes the right of a party to proceedings to participate in the proceedings as a litigant in person or through a representative who possesses active legal capacity for purposes of civil procedure.

R.025: Para. I(b).
Optional question:
Enforcement and compliance measures
45. Please provide detailed information concerning any means to ensure: (i) the registration of eligible workers and enterprises, including small and medium-sized enterprises, with the employment injury scheme; and (ii) the reporting of industrial accidents and notification of occupational diseases.
(i) no universal registration system for employment injury insurance scheme. Benefits for incapacity for work (sickness benefit for the period of incapacity for work) are paid to all people having compulsory health insurance, which depends on obligatory social tax paid for them or by them.
(ii) reporting to the Labour Inspectorate: A doctor must promptly report a fatal occupational accident and an occupational accident as a result of which an employee was declared to be temporarily incapacitated for work to the Labour Inspectorate in writing or in a form reproducible in writing. An employer must promptly report an occupational accident that has caused a life-threatening condition or a fatal occupational accident to the Labour Inspectorate and a fatal accident also to the police.
An occupational health doctor must inform the employer, the Labour Inspectorate and the doctor who referred an employee to them of the employee’s occupational disease in writing or in a form reproducible in writing no later than within five days after diagnosing the disease. An employer must register and investigate all occupational accidents and occupational diseases and make relevant information, including the investigation results, available to the injured party, working environment specialist, working environment council, working environment representative and other representatives of employees.



C.102: Arts 71(3) and 72(2).

The way forward
Optional questions
46. Well-designed and effective employment injury insurance schemes are reflected in Sustainable Development Goal target 1.3 and indicator 1.3.1, and can be the foundation for sustainable enterprises to thrive when having to face economic and social challenges. In this sense, you may wish to provide relevant information if your country has a strategy (e.g. national plan or strategy) to bring law and practice more in line with the approach set out in Conventions Nos 19, 102, Part VI, and 121 and to address gaps in population coverage or differentiated treatment between various categories of workers, in particular agricultural workers, in line with Convention No. 12, and foreign workers and their dependants, in line with Convention No. 19.


Prospects for and obstacles to ratification
47. Please provide information on any prospects of ratification of Conventions Nos 12, 19, 102, Part VI, and 121. In this context, please identify the challenges or obstacles regarding its possible ratification, and indicate any measures taken or envisaged to overcome these obstacles.


Standard-related action
48. With a view to enhancing the impact of the international standards on employment injury, please indicate which standard-related actions or activities should be taken in order to guarantee due provision of employment injury benefits in your country (for example, technical assistance, technical cooperation activities, organization of tripartite consultations, etc.).


Possible need for technical assistance
49. Please indicate whether your country has formulated any requests for technical assistance by the ILO to give effect to the provisions of the instruments covered by this questionnaire. If so, please provide information on existing plans for the provision of such assistance or the effect of such support if already provided. Please also indicate the manner in which the ILO could best provide appropriate assistance within its mandate to support countries’ social security schemes, in particularly concerning provision of employment injury benefits.


Article 23(2) of the ILO Constitution
50. Please indicate the representative employers’ and workers’ organizations to which copies of the present questionnaire have been communicated in accordance with article 23(2) of the ILO Constitution and indicate whether you have received observations from such organizations concerning the effect given, or to be given, to any of the instruments to which this questionnaire relates. If so, please communicate a copy of the observations received together with any comments that you may consider useful.
Copies of the present report have been communicated with the Estonian Trade Unions Confederation and the Estonian Employers’ Confederation.



Convention No. 12I
Workmen’s Compensation (Agriculture) Convention, 1921 (No. 12)
Preamble
The General Conference of the International Labour Organisation,
Having been convened at Geneva by the Governing Body of the International Labour Office, and having met in its Third Session on 25 October 1921, and
Having decided upon the adoption of certain proposals with regard to the protection of agricultural workers against accident, which is included in the fourth item of the agenda of the Session, and Having determined that these proposals shall take the form of an international Convention, adopts the following Convention, which may be cited as the Workmen’s Compensation (Agriculture) Convention, 1921, for ratification by the Members of the International Labour Organisation in accordance with the provisions of the Constitution of the International Labour Organisation:
Article 1
Each Member of the International Labour Organisation which ratifies this Convention undertakes to extend to all agricultural wage-earners its laws and regulations which provide for the compensation of workers for personal injury by accident arising out of or in the course of their employment.
Article 2
The formal ratifications of this Convention, under the conditions set forth in the Constitution of the International Labour Organisation, shall be communicated to the Director-General of the International Labour Office for registration.
Article 3
1. This Convention shall come into force at the date on which the ratifications of two Members of the International Labour Organisation have been registered by the Director-General.
2. It shall be binding only upon those Members whose ratifications have been registered with the International Labour Office.
3. Thereafter, the Convention shall come into force for any member at the date on which its ratification has been registered with the International Labour Office.
Article 4
As soon as the ratifications of two Members of the International Labour Organisation have been registered with the International Labour Office, the Director-General of the International Labour Office shall so notify all the Members of the International Labour Organisation. He shall likewise notify them of the registration of the ratifications which may be communicated subsequently by other Members of the Organisation.
Article 5
Subject to the provisions of Article 3, each Member which ratifies this Convention agrees to bring the provisions of Articles 1 into operation not later than 1 January 1924 and to take such action as may be necessary to make these provisions effective.
Article 6
Each Member of the International Labour Organisation which ratifies this Convention engages to apply it to its colonies, possessions and protectorates, in accordance with the provisions of Article 35
of the Constitution of the International Labour Organisation.
Article 7
A Member which has ratified this Convention may denounce it after the expiration of ten years from the date on which the Convention first comes into force, by an act communicated to the DirectorGeneral of the International Labour Office for registration. Such denunciation shall not take effect until one year after the date on which it is registered with the International Labour Office.
Article 8
At least once in ten years, the Governing Body of the International Labour Office shall present to the General Conference a report on the working of this Convention and shall consider the desirability of placing on the agenda of the Conference the question of its revision or modification.
Article 9
The French and English texts of this Convention shall both be authentic.

Convention No. 19I
Equality of Treatment (Accident Compensation) Convention, 1925 (No. 19)
Preamble
The General Conference of the International Labour Organisation,
Having been convened at Geneva by the Governing Body of the International Labour Office, and having met in its Seventh Session on 19 May 1925, and
Having decided upon the adoption of certain proposals with regard to the equality of treatment for national and foreign workers as regards workmen’s compensation for accidents, the second item in the agenda of the Session, and
Having determined that these proposals shall take the form of an international Convention, adopts the fifth day of June of the year one thousand nine hundred and twenty-five, the following
Convention, which may be cited as the Equality of Treatment (Accident Compensation) Convention, 1925, for ratification by the Members of the International Labour Organisation in accordance with the provisions of the Constitution of the International Labour Organisation:
Article 1
1. Each Member of the International Labour Organisation which ratifies this Convention undertakes to grant to the nationals of any other Member which shall have ratified the Convention, who suffer personal injury due to industrial accidents happening in its territory, or to their dependants, the same treatment in respect of workmen’s compensation as it grants to its own nationals.
2. This equality of treatment shall be guaranteed to foreign workers and their dependants without any condition as to residence. With regard to the payments which a Member or its nationals would have to make outside that Member’s territory in the application of this principle, the measures to be adopted shall be regulated, if necessary, by special arrangements between the Members concerned.
Article 2
Special agreements may be made between the Members concerned to provide that compensation for industrial accidents happening to workers whilst temporarily or intermittently employed in the territory of one Member on behalf of an undertaking situated in the territory of another Member shall be governed by the laws and regulations of the latter Member.
Article 3
The Members which ratify this Convention and which do not already possess a system, whether by insurance or otherwise, of workmen’s compensation for industrial accidents agree to institute such a system within a period of three years from the date of their ratification.
Article 4
The Members which ratify this Convention further undertake to afford each other mutual assistance with a view to facilitating the application of the Convention and the execution of their respective laws and regulations on workmen’s compensation and to inform the International Labour Office, which shall inform the other Members concerned, of any modifications in the laws and regulations in force on workmen’s compensation.
Article 5
The formal ratifications of this Convention, under the conditions set forth in the Constitution of the International Labour Organisation, shall be communicated to the Director-General of the International Labour Office for registration.
Article 6
1. This Convention shall come into force at the date on which the ratifications of two Members of the International Labour Organisation have been registered by the Director-General.
2. It shall be binding only upon those Members whose ratifications have been registered with the International Labour Office.
3. Thereafter, the Convention shall come into force for any member at the date on which its ratification has been registered with the International Labour Office.
Article 7
As soon as the ratifications of two Members of the International Labour Organisation have been registered with the International Labour Office, the Director-General of the International Labour Office shall so notify all the Members of the International Labour Organisation. He shall likewise notify them of the registration of the ratifications which may be communicated subsequently by other Members of the Organisation.
Article 8
Subject to the provisions of Article 6, each Member which ratifies this Convention agrees to bring the provisions of Articles 1, 2, 3, and 4 into operation not later than 1 January 1927 and to take such action as may be necessary to make these provisions effective.
Article 9
Each Member of the International Labour Organisation which ratifies this Convention engages to
apply it to its colonies, possessions and protectorates, in accordance with the provisions of Article 35
of the Constitution of the International Labour Organisation.
Article 10
A Member which has ratified this Convention may denounce it after the expiration of ten years from the date on which the Convention first comes into force, by an act communicated to the DirectorGeneral of the International Labour Office for registration. Such denunciation shall not take effect until one year after the date on which it is registered with the International Labour Office.
Article 11
At least once in ten years, the Governing Body of the International Labour Office shall present to the General Conference a report on the working of this Convention and shall consider the desirability of placing on the agenda of the Conference the question of its revision or modification.
Article 12
The French and English texts of this Convention shall both be authentic.

Recommendation No. 25I
Equality of Treatment (Accident Compensation) Recommendation, 1925 (No. 25)
Preamble
The General Conference of the International Labour Organisation,
Having been convened at Geneva by the Governing Body of the International Labour Office, and having met in its Seventh Session on 19 May 1925, and
Having decided upon the adoption of certain proposals with regard to the equality of treatment for national and foreign workers as regards workmen’s compensation for accidents, the second item in the agenda of the Session, and
Having determined that these proposals shall take the form of a Recommendation,
adopts this fifth day of June of the year one thousand nine hundred twenty-five, the following
Recommendation, which may be cited as the Equality of Treatment (Accident Compensation)
Recommendation, 1925, to be submitted to the Members of the International Labour Organisation for consideration with a view to effect being given to it by national legislation or otherwise, in accordance with the provisions of the Constitution of the International Labour Organisation:
I
In order to facilitate the application of the Convention concerning equality of treatment for national and foreign workers as regards workmen’s compensation for accidents the Conference recommends that:
(a) when a person to whom compensation is due under the laws and regulations of one Member resides in the territory of another Member, the necessary measures be taken to facilitate the payment of such compensation and to ensure the observance of the conditions governing such payment laid down by the said laws and regulations;
(b) in case of dispute concerning the non-payment, cessation of payment, or reduction of the compensation due to a person residing elsewhere than in the territory of the Member where his claim to compensation originated, facilities be afforded for taking proceedings in the competent courts of law in such territory without requiring the attendance of the person concerned;
(c) any advantage in respect of exemption from duties and taxes, free issue of official documents or other privileges granted by the law of any Member for purposes connected with workmen’s compensation, be extended under the same conditions to the nationals of the other Members which shall have ratified the aforementioned Convention.
II
The Conference recommends that, where in any country there exists no system, whether by insurance or otherwise, of workmen’s compensation for industrial accidents, the Government shall, pending the institution of such a system, afford facilities to alien workers enabling them to benefit by the laws and regulations on workmen’s compensation in their own countries.

Convention No. 102I
Social Security (Minimum Standards) Convention, 1952 (No. 102)
Preamble
The General Conference of the International Labour Organisation,
Having been convened at Geneva by the Governing Body of the International Labour Office, and having met in its Thirty-fifth Session on 4 June 1952, and
Having decided upon the adoption of certain proposals with regard to minimum standards of social security, which are included in 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-eighth day of June of the year one thousand nine hundred and fifty-two the following Convention, which may be cited as the Social Security (Minimum Standards) Convention, 1952:
Part I. General provisions
Article 1
1. In this Convention —
(a) the term “prescribed” means determined by or in virtue of national laws or regulations;
(b) 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;
(c) the term “wife” means a wife who is maintained by her husband;
(d) the term “widow” means a woman who was maintained by her husband at the time of his death;
(e) the term “child” means a child under school-leaving age or under 15 years of age, as may be prescribed;
(f) 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.
2. In Articles 10, 34 and 49 the term “benefit” means either direct benefit in the form of care or indirect benefit consisting of a reimbursement of the expenses borne by the person concerned.
Article 2
Each Member for which this Convention is in force—
(a) shall comply with— (i) Part I;
(ii) at least three of Parts II, III, IV, V, VI, VII, VIII, IX and X, including at least one of Parts IV, V, VI, IX and X;
(iii) the relevant provisions of Parts XI, XII and XIII; and (iv) Part XIV; and
(b) shall specify in its ratification in respect of which of Parts II to X it accepts the obligations of the Convention.

Article 3
1. A Member whose economy and medical facilities are insufficiently developed may, if and for so long as the competent authority considers necessary, avail itself, by a declaration appended to its ratification, of the temporary exceptions provided for in the following Articles: 9(d); 12(2); 15(d); 18(2); 21(c); 27(d); 33(b); 34(3); 41(d); 48(c); 55(d); and 61(d).
2. Each Member which has made a declaration under paragraph 1 of this Article shall include in the annual report upon the application of this Convention submitted under article 22 of the Constitution of the International Labour Organisation 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.
Article 4
1. Each Member which has ratified this Convention may subsequently notify the Director-General of the International Labour Office that it accepts the obligations of the Convention in respect of one or more of Parts II to X not already specified in its ratification.
2. The undertakings referred to in paragraph 1 of this Article shall be deemed to be an integral part of the ratification and to have the force of ratification as from the date of notification.
Article 5
Where, for the purpose of compliance with any of the Parts II to X of this Convention which are to be covered by its ratification, a Member is required to protect prescribed classes of persons constituting not less than a specified percentage of employees or residents, the Member shall satisfy itself, before undertaking to comply with any such Part, that the relevant percentage is attained.
Article 6
For the purpose of compliance with Parts II, III, IV, V, VIII (in so far as it relates to medical care), IX or X of this Convention, a Member may take account of protection effected by means of insurance which, although not made compulsory by national laws or regulations 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 part of the persons whose earnings do not exceed those of the skilled manual male employee; and
(c) complies, in conjunction with other forms of protection, where appropriate, with the relevant provisions of the Convention.
Part II. Medical care
Article 7
Each Member for which this Part of this Convention is in force shall secure to the persons protected the provision of benefit in respect of a condition requiring medical care of a preventive or curative nature in accordance with the following Articles of this Part.
Article 8
The contingencies covered shall include any morbid condition, whatever its cause, and pregnancy and confinement and their consequences.
Article 9
The persons protected shall comprise—
(a) prescribed classes of employees, constituting not less than 50 per cent of all employees, and also their wives and children; or
(b) prescribed classes of economically active population, constituting not less than 20 per cent of all residents, and also their wives and children; or
(c) prescribed classes of residents, constituting not less than 50 per cent of all residents; or
(d) where a declaration made in virtue of Article 3 is in force, prescribed classes of employees constituting not less than 50 per cent of all employees in industrial workplaces employing 20 persons or more, and also their wives and children.
Article 10
1. The benefit shall include at least—
(a) in case of a morbid condition—
(i) general practitioner care, including domiciliary visiting;
(ii) specialist care at hospitals for in-patients and out-patients, and such specialist care as may be available outside hospitals;
(iii) the essential pharmaceutical supplies as prescribed by medical or other qualified practitioners; and
(iv) hospitalisation where necessary; and
(b) in case of pregnancy and confinement and their consequences—
(i) pre-natal, confinement and post-natal care either by medical practitioners or by qualified midwives; and
(ii) hospitalisation where necessary.
2. The beneficiary or his breadwinner may be required to share in the cost of the medical care the beneficiary receives in respect of a morbid condition; the rules concerning such cost-sharing shall be so designed as to avoid hardship.
3. The benefit provided in accordance with this Article 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.
4. The institutions or government departments administering the benefit shall, by such means as may be deemed appropriate, encourage the persons 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 11
The benefit specified in Article 10 shall, in a contingency covered, be secured at least to a person protected who has completed, or whose breadwinner has completed, such qualifying period as may be considered necessary to preclude abuse.
Article 12
1. The benefit specified in Article 10 shall be granted throughout the contingency covered, except that, in case of a morbid condition, its duration may be limited to 26 weeks in each case, but benefit shall not be suspended while a sickness benefit continues to be paid, and provision shall be made to enable the limit to be extended for prescribed diseases recognised as entailing prolonged care.
2. Where a declaration made in virtue of Article 3 is in force, the duration of the benefit may be limited to 13 weeks in each case.
Part III. Sickness benefit
Article 13
Each Member for which this Part of this Convention is in force shall secure to the persons protected the provision of sickness benefit in accordance with the following Articles of this Part.
Article 14
The contingency covered shall include incapacity for work resulting from a morbid condition and involving suspension of earnings, as defined by national laws or regulations.
Article 15
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 manner as to comply with the requirements of Article 67; or
(d) where a declaration made in virtue of Article 3 is in force, prescribed classes of employees, constituting not less than 50 per cent of all employees in industrial workplaces employing 20 persons or more.
Article 16
1. Where classes of employees or classes of the economically active population are protected, 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. Where all residents whose means during the contingency do not exceed prescribed limits are protected, the benefit shall be a periodical payment calculated in such a manner as to comply with the requirements of Article 67.
Article 17
The benefit specified in Article 16 shall, in a contingency covered, be secured at least to a person protected who has completed such qualifying period as may be considered necessary to preclude abuse.
Article 18
1. The benefit specified in Article 16 shall be granted throughout the contingency, except that the benefit may be limited to 26 weeks in each case of sickness, in which event it need not be paid for the first three days of suspension of earnings.
2. Where a declaration made in virtue of Article 3 is in force, the duration of the benefit may be limited—
(a) to such period that the total number of days for which the sickness benefit is granted in any year is not less than ten times the average number of persons protected in that year; or
(b) to 13 weeks in each case of sickness, in which event it need not be paid for the first three days of suspension of earnings.
PART IV. UNEMPLOYMENT BENEFIT
Article 19
Each Member for which this Part of this Convention is in force shall secure to the persons protected the provision of unemployment benefit in accordance with the following Articles of this Part.
Article 20
The contingency covered shall include suspension of earnings, as defined by national laws or regulations, due to inability to obtain suitable employment in the case of a person protected who is capable of, and available for, work.
Article 21
The persons protected shall comprise—
(a) prescribed classes of employees, constituting not less than 50 per cent of all employees; or
(b) all residents whose means during the contingency do not exceed limits prescribed in such a manner as to comply with the requirements of Article 67; or
(c) where a declaration made in virtue of Article 3 is in force, prescribed classes of employees, constituting not less than 50 per cent of all employees in industrial workplaces employing 20 persons or more.
Article 22
1. Where classes of employees are protected, the benefit shall be a periodical payment calculated in such manner as to comply either with the requirements of Article 65 or with the requirements of Article 66.
2. Where all residents whose means during the contingency do not exceed prescribed limits are protected, the benefit shall be a periodical payment calculated in such a manner as to comply with the requirements of Article 67.
Article 23
The benefit specified in Article 22 shall, in a contingency covered, be secured at least to a person protected who has completed such qualifying period as may be considered necessary to preclude abuse.
Article 24
1. The benefit specified in Article 22 shall be granted throughout the contingency, except that its duration may be limited—
(a) where classes of employees are protected, to 13 weeks within a period of 12 months, or
(b) where all residents whose means during the contingency do not exceed prescribed limits are protected, to 26 weeks within a period of 12 months.
2. Where national laws or regulations provide that the duration of the benefit shall vary with the length of the contribution period and/or the benefit previously received within a prescribed period, the provisions of subparagraph (a) of paragraph 1 shall be deemed to be fulfilled if the average duration of benefit is at least 13 weeks within a period of 12 months.
3. The benefit need not be paid for a waiting period of the first seven days in each case of suspension of earnings, counting days of unemployment before and after temporary employment lasting not more than a prescribed period as part of the same case of suspension of earnings.
4. In the case of seasonal workers the duration of the benefit and the waiting period may be adapted to their conditions of employment.
Part V. Old-age benefit
Article 25
Each Member for which this Part of this Convention is in force shall secure to the persons protected the provision of old-age benefit in accordance with the following Articles of this Part.
Article 26
1. The contingency covered shall be survival beyond a prescribed age.
2. The prescribed age shall be not more than 65 years or such higher age as may be fixed by the competent authority with due regard to the working ability of elderly persons in the country concerned.
3. 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 27
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 manner as to comply with the requirements of Article 67; or
(d) where a declaration made in virtue of Article 3 is in force, prescribed classes of employees, constituting not less than 50 per cent of all employees in industrial workplaces employing 20 persons or more.
Article 28
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 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 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 subparagraph (b) of paragraph 1 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 Member for which this Part of this Convention 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 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—
(a) 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; or
(b) where a declaration made in virtue of Article 3 is in force, prescribed classes of employees, constituting not less than 50 per cent of all employees in industrial workplaces employing 20 persons or more, 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. Where a declaration made in virtue of Article 3 is in force, the medical care shall include 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 essential pharmaceutical supplies as prescribed by a medical or other qualified practitioner; and
(d) hospitalisation where necessary.
4. 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 reestablishment 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 in the territory of the Member 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 Member for which this Part of this Convention 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—
(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 prescribed limits; or
(d) where a declaration made in virtue of Article 3 is in force, prescribed classes of employees, constituting not less than 50 per cent of all employees in industrial workplaces employing 20 persons or more.

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 (a) and (b).
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 three months of contribution or employment, or one year 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—
(a) 3 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 persons protected; or (b) 1.5 per cent of the said wage, 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 Member for which this Part of this Convention 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; or
(c) where a declaration made in virtue of Article 3 is in force, all women in prescribed classes of employees, which classes constitute not less than 50 per cent of all employees in industrial workplaces employing 20 persons or more, 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.
3. 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.
4. 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 Member for which this Part of this Convention 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 manner as to comply with the requirements of Article 67; or
(d) where a declaration made in virtue of Article 3 is in force, prescribed classes of employees, constituting not less than 50 per cent of all employees in industrial workplaces employing 20 persons or more.
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 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 subparagraph (b) of paragraph 1 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 pension 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 Member for which this Part of this Convention 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; or
(d) where a declaration made in virtue of Article 3 is in force, the wives and the children of breadwinners in prescribed classes of employees, which classes constitute not less than 50 per cent of all employees in industrial workplaces employing 20 persons or more.
Article 62
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 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 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 subparagraph (b) of paragraph 1 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 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 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 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 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 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 27 August 1948, and reproduced in the Annex to this Convention, 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 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 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 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 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 27 August 1948, and reproduced in the Annex to this Convention, 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 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 66;
(d) the provisions of subparagraph (c) 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 of pensionable age
40
VI
Employment injury:



Incapacity for work
Man with wife and two children
50

Invalidity
Man with wife and two children
50

Survivors
Widow with two children
40
VIII
Maternity
Woman
45
IX
Invalidity
Man with wife and two children
40
X
Survivors
Widow with two children
40
Part XII. Equality of treatment of non-national residents
Article 68
1. Non-national residents shall have the same rights as national residents: Provided that special rules concerning non-nationals and nationals born outside the territory of the Member may be prescribed in respect of benefits or portions of benefits which are payable wholly or mainly out of public funds and in respect of transitional schemes.
2. Under contributory social security schemes which protect employees, the persons protected who are nationals of another Member which has accepted the obligations of the relevant Part of the Convention shall have, under that Part, the same rights as nationals of the Member concerned: Provided that the application of this paragraph may be made subject to the existence of a bilateral or multilateral agreement providing for reciprocity.
Part XIII. Common provisions
Article 69
A benefit to which a person protected would otherwise be entitled in compliance with any of
Parts II to X of 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 maintained at public expense, or at the expense of a social security institution or service, subject to any portion of the benefit in excess of the value of such maintenance 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 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 70
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 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.
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 71
1. The cost of the benefits provided in compliance with this Convention 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 Member 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 Member in compliance with this Convention, except family benefit and, if provided by a special branch, employment injury benefit, may be taken together.
3. The 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; 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 72
1. Where the administration is not entrusted to an institution regulated by the public authorities or 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 Member shall accept general responsibility for the proper administration of the institutions and services concerned in the application of the Convention.

Part XIV. Miscellaneous provisions
Article 73
This Convention shall not apply to—
(a) contingencies which occurred before the coming into force of the relevant Part of the Convention for the Member concerned;
(b) benefits in contingencies occurring after the coming into force of the relevant Part of the Convention for the Member concerned in so far as the rights to such benefits are derived from periods preceding that date.
Article 74
This Convention shall not be regarded as revising any existing Convention.
Article 75
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 76
1. Each Member which ratifies this Convention shall include in the annual report upon the application of this Convention submitted under article 22 of the Constitution of the International Labour Organisation—
(a) full information concerning the laws and regulations by which effect is given to the provisions of the Convention; and
(b) evidence, conforming in its presentation as closely as is practicable with any suggestions for greater uniformity of presentation made by the Governing Body of the International Labour
Office, of compliance with the statistical conditions specified in—
(i) Articles 9(a), (b), (c) or (d); 15(a), (b) or (d); 21(a) or (c); 27(a), (b) or (d); 33(a) or (b); 41(a), (b) or (d); 48(a), (b) or (c); 55(a), (b) or (d); 61(a), (b) or (d), as regards the number of persons protected;
(ii) Articles 44, 65, 66 or 67, as regards the rates of benefit;
(iii) subparagraph (a) of paragraph 2 of Article 18, as regards duration of sickness benefit;
(iv) paragraph 2 of Article 24, as regards duration of unemployment benefit; and
(v) paragraph 2 of Article 71, as regards the proportion of the financial resources constituted by the insurance contributions of employees protected.
2. Each Member which ratifies this Convention shall report to the Director-General of the International Labour Office at appropriate intervals, as requested by the Governing Body, on the position of its law and practice in regard to any of Parts II to X of the Convention not specified in its ratification or in a notification made subsequently in virtue of Article 4.
Article 77
1. This Convention does not apply to seamen or seafishermen; provision for the protection of seamen and seafishermen has been made by the International Labour Conference in the Social Security (Seafarers) Convention, 1946, and the Seafarers’ Pensions Convention, 1946.
2. A Member may exclude seamen and seafishermen from the number of employees, of the economically active population or of residents, when calculating the percentage of employees or residents protected in compliance with any of Parts II to X covered by its ratification.
Part XV. Final provisions
Article 78
The formal ratifications of this Convention shall be communicated to the Director-General of the International Labour Office for registration.
Article 79
1. This Convention shall be binding only upon those Members of the International Labour Organisation 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 80
1. Declarations communicated to the Director-General of the International Labour Office in accordance with paragraph 2 of article 35 of the Constitution of the International Labour Organisation shall indicate—
(a) the territories in respect of which the Member concerned undertakes that the provisions of the
Convention or of any Parts thereof shall be applied without modification;
(b) the territories in respect of which it undertakes that the provisions of the Convention or of any Parts thereof shall be applied subject to modifications, together with details of the said modifications;
(c) the territories in respect of which the Convention is inapplicable and in such cases the grounds on which it is inapplicable;
(d) the territories in respect of which it reserves its decision pending further consideration of the position.
2. The undertakings referred to in subparagraphs (a) and (b) of paragraph 1 of this Article shall be deemed to be an integral part of the ratification and shall have the force of ratification.
3. Any Member may at any time by a subsequent declaration cancel in whole or in part any reservation made in its original declaration in virtue of subparagraphs (b), (c) or (d) of paragraph 1 of this Article.
4. Any Member may, at any time at which the Convention is subject to denunciation in accordance with the provisions of Article 82, communicate to the Director-General a declaration modifying in any other respect the terms of any former declaration and stating the present position in respect of such territories as it may specify.
Article 81
1. Declarations communicated to the Director-General of the International Labour Office in accordance with paragraphs 4 or 5 of article 35 of the Constitution of the International Labour Organisation shall indicate whether the provisions of the Convention or of the Parts thereof accepted by the Declaration will be applied in the territory concerned without modification or subject to modifications; when the Declaration indicates that the provisions of the Convention or of certain Parts thereof will be applied subject to modifications, it shall give details of the said modifications.
2. The Member, Members or international authority concerned may at any time by a subsequent declaration renounce in whole or in part the right to have recourse to any modification indicated in any former declaration.
3. The Member, Members or international authority concerned may, at any time at which this Convention is subject to denunciation in accordance with the provisions of Article 82, communicate to the Director-General a declaration modifying in any other respect the terms of any former declaration and stating the present position in respect of the application of the Convention.
Article 82
1. A Member which has ratified this Convention may, after the expiration of ten years from the date on which the Convention first comes into force, denounce the Convention or any one or more of Parts II to X thereof 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 the Convention or any one of Parts II to X thereof at the expiration of each period of ten years under the terms provided for in this Article.
Article 83
1. The Director-General of the International Labour Office shall notify all Members of the International Labour Organisation of the registration of all ratifications, declarations and denunciations communicated to him by the Members of the Organisation.
2. When notifying the Members of the Organisation of the registration of the second ratification communicated to him, the Director-General shall draw the attention of the Members of the Organisation to the date upon which the Convention will come into force.
Article 84
The Director-General of the International Labour Office shall communicate to the SecretaryGeneral of the United Nations for registration in accordance with Article 102 of the Charter of the United Nations full particulars of all ratifications, declarations and acts of denunciation registered by him in accordance with the provisions of the preceding Articles.
Article 85
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 86
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 82 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 87
The English and French versions of the text of this Convention are equally authoritative.
ANNEX International standard industrial classification of all economic activities (Revision 4)*8
Section A. Agriculture, forestry and fishing
Division
Description
01
Crop and animal production, hunting and related service activities
02
Forestry and logging
03
Fishing and aquaculture
Section B. Mining and quarrying
Division
Description
05
Mining of coal and lignite
06
Extraction of crude petroleum and natural gas
07
Mining of metal ores
08
Other mining and quarrying
09
Mining support service activities
Section C. Manufacturing
Division
Description
10
Manufacture of food products
11
Manufacture of beverages
12
Manufacture of tobacco products
13
Manufacture of textiles
14
Manufacture of wearing apparel
15
Manufacture of leather and related products
16
Manufacture of wood and of products of wood and cork, except furniture; manufacture of articles of straw and plaiting materials
17
Manufacture of paper and paper products
18
Printing and reproduction of recorded media
19
Manufacture of coke and refined petroleum products
20
Manufacture of chemicals and chemical products
21
Manufacture of basic pharmaceutical products and pharmaceutical preparations
22
Manufacture of rubber and plastics products
23
Manufacture of other non-metallic mineral products
24
Manufacture of basic metals
25
Manufacture of fabricated metal products, except machinery and equipment
26
Manufacture of computer, electronic and optical products
27
Manufacture of electrical equipment
28
Manufacture of machinery and equipment n.e.c.
29
Manufacture of motor vehicles, trailers and semi-trailers
30
Manufacture of other transport equipment
31
Manufacture of furniture


* Note:8In accordance with articles 65(7) and 66(5) of the Convention, its original Annex has been updated with the amended version of the International standard industrial classification of all economic activities (ISIC) Rev. 4, as approved by the Statistical Commission of the UN Economic and Social Council in March 2006 (Statistical Papers, Series M No. 4, Rev. 4 – Full text on http://unstats.un.org/unsd/cr/registry/isic-4.asp).
32
Other manufacturing
33
Repair and installation of machinery and equipment

Section D. Electricity, gas, steam and air conditioning supply
Division
Description
35
Electricity, gas, steam and air conditioning supply
Section E. Water supply; sewerage, waste management and remediation activities
Division
Description
36
Water collection, treatment and supply
37
Sewerage
38
Waste collection, treatment and disposal activities; materials recovery
39
Remediation activities and other waste management services
Section F. Construction
Division
Description
41
Construction of buildings
42
Civil engineering
43
Specialized construction activities
Section G. Wholesale and retail trade; repair of motor vehicles and motorcycles
Division
Description
45
Wholesale and retail trade and repair of motor vehicles and motorcycles
46
Wholesale trade, except of motor vehicles and motorcycles
47
Retail trade, except of motor vehicles and motorcycles
Section H. Transportation and storage
Division
Description
49
Land transport and transport via pipelines
50
Water transport
51
Air transport
52
Warehousing and support activities for transportation
53
Postal and courier activities
Section I. Accommodation and food service activities
Division
Description
55
Accommodation
56
Food and beverage service activities


Section J. Information and communication
Division
Description
58
Publishing activities
59
Motion picture, video and television programme production, sound recording and music publishing activities
60
Programming and broadcasting activities
61
Telecommunications
62
Computer programming, consultancy and related activities
63
Information service activities
Section K. Financial and insurance activities
Division
Description
64
Financial service activities, except insurance and pension funding
65
Insurance, reinsurance and pension funding, except compulsory social security
66
Activities auxiliary to financial service and insurance activities
Section L. Real estate activities
Division
Description
68
Real estate activities
Section M. Professional, scientific and technical activities
Division
Description
69
Legal and accounting activities
70
Activities of head offices; management consultancy activities
71
Architectural and engineering activities; technical testing and analysis
72
Scientific research and development
73
Advertising and market research
74
Other professional, scientific and technical activities
75
Veterinary activities
Section N. Administrative and support service activities
Division
Description
77
Rental and leasing activities
78
Employment activities
79
Travel agency, tour operator, reservation service and related activities
80
Security and investigation activities
81
Services to buildings and landscape activities
82
Office administrative, office support and other business support activities
Section O. Public administration and defence; compulsory social security
Division
Description
84
Public administration and defence; compulsory social security

Section P. Education
Division
Description
85
Education
Section Q. Human health and social work activities
Division
Description
86
Human health activities
87
Residential care activities
88
Social work activities without accommodation
Section R. Arts, entertainment and recreation
Division
Description
90
Creative, arts and entertainment activities
91
Libraries, archives, museums and other cultural activities
92
Gambling and betting activities
93
Sports activities and amusement and recreation activities
Section S. Other service activities
Division
Description
94
Activities of membership organizations
95
Repair of computers and personal and household goods
96
Other personal service activities
Section T. Activities of households as employers; undifferentiated goods- and services-producing activities of households for own use
Division
Description
97
Activities of households as employers of domestic personnel
98
Undifferentiated goods- and services-producing activities of private households for own use
Section U. Activities of extraterritorial organizations and bodies
Division
Description
99
Activities of extraterritorial organizations and bodies


Convention No. 121I
Employment Injury Benefits Convention, 1964 (No. 121)
Preamble
The General Conference of the International Labour Organisation,
Having been convened at Geneva by the Governing Body of the International Labour Office, and having met in its Forty-eighth Session on 17 June 1964, and
Having decided upon the adoption of certain proposals with regard to benefits in the case of industrial accidents and occupational diseases, 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 the eighth day of July of the year one thousand nine hundred and sixty-four, the following Convention, which may be cited as the Employment Injury Benefits Convention, 1964:
Article 1
In this Convention—
(a) the term legislation includes any social security rules as well as laws and regulations;
(b) the term prescribe 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, water and sanitary services; and transport, storage and communication;
(d) the term dependent refers to a state of dependency which is presumed to exist in prescribed cases;
(e) the term dependent child covers—
(i) a child under school-leaving age or under 15 years of age, whichever is the higher, and
(ii) a child under a prescribed age higher than that specified in subclause (i) and who is an apprentice or student or has a chronic illness or infirmity disabling him for any gainful activity, on conditions laid down by national legislation: 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 subclause (i).
Article 2
1. A Member whose economic and medical facilities are insufficiently developed may avail itself by a declaration accompanying its ratification of the temporary exceptions provided for in the following Articles: Article 5, Article 9, paragraph 3, clause (b), Article 12, Article 15, paragraph 2, and Article 18, paragraph 3. 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 report upon the application of this Convention submitted under article 22 of the Constitution of the International Labour Organisation 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.

Article 3
1. Any Member which ratifies this Convention may, by a declaration accompanying its ratification, exclude from the application of the Convention— (a) seafarers, including seafishermen,
(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 exclude the persons belonging to the category or categories excluded from the application of the Convention from the number of employees when calculating the percentage of employees in compliance with paragraph 2, clause (d), of Article 4, and with Article 5.
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 4
1. National legislation concerning employment injury benefits shall protect all employees, including apprentices, in the public and private sectors, including co-operatives, and, in respect of the death of the breadwinner, prescribed categories of beneficiaries.
2. Any Member may make such exceptions as it deems necessary in respect of—
(a) persons whose employment is of a casual nature and who are employed otherwise than for the purpose of the employer’s trade or business;
(b) out-workers;
(c) members of the employer’s family living in his house, in respect of their work for him;
(d) other categories of employees, which shall not exceed in number 10 per cent. of all employees other than those excluded under clauses (a) to (c).
Article 5
Where a declaration provided for in Article 2 is in force, the application of national legislation concerning employment injury benefits may be limited to prescribed categories of employees, which shall total in number not less than 75 per cent. of all employees in industrial undertakings, and, in respect of the death of the breadwinner, prescribed categories of beneficiaries.
Article 6
The contingencies covered shall include the following where due to an employment injury:
(a) a morbid condition;
(b) incapacity for work resulting from such a condition and involving suspension of earnings, as defined by national legislation;
(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 as the result of the death of the breadwinner by prescribed categories of beneficiaries.

Article 7
1. Each Member shall prescribe a definition of industrial accident, including the conditions under which a commuting accident is considered to be an industrial accident, and shall specify the terms of such definition in its reports upon the application of this Convention submitted under article 22 of the Constitution of the International Labour Organisation.
2. Where commuting accidents are covered by social security schemes other than employment injury schemes, and these schemes provide in respect of commuting accidents benefits which, when taken together, are at least equivalent to those required under this Convention, it shall not be necessary to make provision for commuting accidents in the definition of industrial accident.
Article 8
Each Member shall—
(a) prescribe a list of diseases, comprising at least the diseases enumerated in Schedule I to this Convention, which shall be regarded as occupational diseases under prescribed conditions; or
(b) include in its legislation a general definition of occupational diseases broad enough to cover at least the diseases enumerated in Schedule I to this Convention; or
(c) prescribe a list of diseases in conformity with clause (a), complemented by a general definition of occupational diseases or by other provisions for establishing the occupational origin of diseases not so listed or manifesting themselves under conditions different from those prescribed.
Article 9
1. Each Member shall secure to the persons protected, subject to prescribed conditions, the provision of the following benefits:
(a) medical care and allied benefits in respect of a morbid condition;
(b) cash benefits in respect of the contingencies specified in Article 6, clauses (b), (c) and (d).
2. Eligibility for benefits may not be made subject to the length of employment, to the duration of insurance or to the payment of contributions: Provided that a period of exposure may be prescribed for occupational diseases.
3. The benefits shall be granted throughout the contingency: Provided that in respect of incapacity for work the cash benefit need not be paid for the first three days—
(a) where the legislation of a Member provides for a waiting period at the date on which this Convention comes into force, on condition that the Member includes in its reports upon the application of this Convention submitted under article 22 of the Constitution of the International Labour Organisation a statement that its reason for availing itself of this provision subsists; or (b) where a declaration provided for in Article 2 is in force.
Article 10
1. Medical care and allied benefits in respect of a morbid condition shall comprise—
(a) general practitioner and specialist in-patient 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 renewed as necessary, and eyeglasses;
(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; and
(g) qthe following treatment at the place of work, wherever possible:
(i) emergency treatment of persons sustaining a serious accident;
(ii) follow-up treatment of those whose injury is slight and does not entail discontinuance of work.
2. The benefits provided in accordance with paragraph 1 of this Article shall be afforded, using all suitable means, with a view to maintaining, restoring or, where this is not possible, improving the health of the injured person and his ability to work and to attend to his personal needs.
Article 11
1. Any Member which provides medical care and allied benefits by means of a general health scheme or a medical care scheme for employed persons may specify in its legislation that such care shall be made available to persons who have sustained employment injuries on the same terms as to other persons entitled thereto, on condition that the rules on the subject are so designed as to avoid hardship.
2. Any Member which provides medical care and allied benefits by reimbursing expenses may in its legislation make special rules in respect of cases in which the extent, duration or cost of such care exceed reasonable limits, on condition that the rules on the subject are not inconsistent with the purpose stated in paragraph 2 of Article 10 and are so designed as to avoid hardship.
Article 12
Where a declaration provided for in Article 2 is in force, medical care and allied benefits shall include 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 essential pharmaceutical supplies on prescription by a medical or other qualified practitioner; (d) hospitalisation, where necessary; and
(e) wherever possible, emergency treatment at the place of work of persons sustaining an industrial accident.
Article 13
The cash benefit in respect of temporary or initial incapacity for work shall be a periodical payment calculated in such a manner as to comply either with the requirements of Article 19 or with the requirements of Article 20.
Article 14
1. Cash benefits in respect of loss of earning capacity likely to be permanent or corresponding loss of faculty shall be payable in all cases in which such loss, in excess of a prescribed degree, remains at the expiration of the period during which benefits are payable in accordance with Article 13.
2. In case of total loss of earning capacity likely to be permanent or corresponding loss of faculty, the benefit shall be a periodical payment calculated in such a manner as to comply either with the requirements of Article 19 or with the requirements of Article 20.
3. In case of substantial partial loss of earning capacity likely to be permanent which is in excess of a prescribed degree, or corresponding loss of faculty, the benefit shall be a periodical payment representing a suitable proportion of that provided for in paragraph 2 of this Article.
4. In case of partial loss of earning capacity likely to be permanent which is not substantial but which is in excess of the prescribed degree referred to in paragraph 1 of this Article, or corresponding loss of faculty, the cash benefit may take the form of a lump-sum payment.
5. The degrees of loss of earning capacity or corresponding loss of faculty referred to in paragraphs 1 and 3 of this Article shall be prescribed in such manner as to avoid hardship.
Article 15
1. In exceptional circumstances, and with the agreement of the injured person, all or part of the periodical payment provided for in paragraphs 2 and 3 of Article 14 may be converted into a lump sum corresponding to the actuarial equivalent thereof when the competent authority has reason to believe that such lump sum will be utilised in a manner which is particularly advantageous for the injured person.
2. Where a declaration provided for in Article 2 is in force and the Member concerned considers that it lacks the necessary administrative facilities for periodical payments, the periodical payment provided for in paragraphs 2 and 3 of Article 14 may be converted into a lump sum corresponding to the actuarial equivalent thereof, as computed on the basis of available data.
Article 16
Increments in periodical payments or other supplementary or special benefits, as prescribed, shall be provided for disabled persons requiring the constant help or attendance of another person.
Article 17
The conditions in which periodical payments due in respect of loss of earning capacity or corresponding loss of faculty shall be reassessed, suspended or cancelled by reference to a change in the degree of loss shall be prescribed.
Article 18
1. The cash benefit in respect of death of the breadwinner shall be a periodical payment to a widow as prescribed, a disabled and dependent widower, dependent children of the deceased and other persons as may be prescribed; this payment shall be calculated in such a manner as to comply either with the requirements of Article 19 or with the requirement of Article 20: Provided that it shall not be necessary to make provision for a benefit to a disabled and dependent widower where the cash benefits to other survivors are appreciably in excess of those required by this Convention and where social security schemes other than employment injury schemes provide to such widower benefits which are appreciably in excess of those in respect of invalidity required under the Social Security (Minimum Standards) Convention, 1952.
2. In addition, a funeral benefit shall be provided at a prescribed rate which shall not be less than the normal cost of a funeral: Provided that where cash benefits to survivors are appreciably in excess of those required by this Convention the right to funeral benefit may be made subject to prescribed conditions.
3. Where a declaration provided for in Article 2 is in force and the Member concerned considers that it lacks the necessary administrative facilities for periodical payments, the periodical payment provided for in paragraph 1 of this Article may be converted into a lump sum corresponding to the actuarial equivalent thereof, as computed on the basis of available data.
Article 19
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 Schedule II to this Convention, 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 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 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 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 purpose of clause (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 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 27 August 1948, as amended 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 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. No periodical payment shall be less than a prescribed minimum amount.
Article 20
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 Schedule II to this Convention, 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 clause (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 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 27 August 1948, as amended 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 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. No periodical payment shall be less than a prescribed minimum amount.
Article 21
1. The rates of cash benefits currently payable pursuant to paragraphs 2 and 3 of Article 14 and paragraph 1 of Article 18 shall be reviewed following substantial changes in the general level of earnings where these result from substantial changes in the cost of living.
2. Each Member shall include the findings of such reviews in its reports upon the application of this Convention submitted under article 22 of the Constitution of the International Labour Organisation, and shall specify any action taken.
Article 22
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 maintained at public expense or at the expense of a social security institution or service;
(c) where the person concerned has made a fraudulent claim;
(d) where the employment injury has been caused by a criminal offence committed by the person concerned;
(e) where the employment injury has been caused by voluntary intoxication or 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 and allied benefits 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; and
(g) as long as the surviving spouse is living with another person as spouse.
2. In the cases and within the limits prescribed, part of the cash benefit otherwise due shall be paid to the dependants of the person concerned.
Article 23
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.
3. Where a claim is settled by a special tribunal established to deal with employment injury benefit questions or with social security questions in general and on which the persons protected are represented, no right of appeal shall be required.
Article 24
1. Where the administration is not entrusted to an institution regulated by the public authorities or 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 legislation may likewise decide as to the participation of representatives of employers and of the public authorities.
2. The Member shall accept general responsibility for the proper administration of the institutions or services concerned in the application of this Convention.
Article 25
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.
Article 26
1. Each Member shall, under prescribed conditions—
(a) take measures to prevent industrial accidents and occupational diseases;
(b) provide rehabilitation services which are designed to prepare a disabled person wherever possible for the resumption of his previous activity, or, if this is not possible, the most suitable alternative gainful activity, having regard to his aptitudes and capacity; and
(c) take measures to further the placement of disabled persons in suitable employment.
2. Each Member shall as far as possible furnish in its reports upon the application of this Convention submitted under article 22 of the Constitution of the International Labour Organisation information concerning the frequency and severity of industrial accidents.
Article 27
Each Member shall within its territory assure to non-nationals equality of treatment with its own nationals as regards employment injury benefits.
Article 28
1. This Convention No. 121 revises the Workmen’s Compensation (Agriculture) Convention, 1921, the Workmen’s Compensation (Accidents) Convention, 1925, the Workmen’s Compensation
(Occupational Diseases) Convention, 1925, and the Workmen’s Compensation (Occupational Diseases) Convention (Revised), 1934.
2. Ratification of this Convention by a Member which is a party to the Workmen’s Compensation (Occupational Diseases) Convention (Revised), 1934, shall, in accordance with Article 8 thereof, ipso jure involve the immediate denunciation of that Convention, if and when this Convention shall have come into force, but the coming into force of this Convention shall not close that Convention to further ratification.
Article 29
In conformity with Article 75 of the Social Security (Minimum Standards) Convention, 1952, Part VI 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 comes into force for that Member, but acceptance of the obligations of this Convention shall be deemed to constitute acceptance of the obligations of Part VI 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 30
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 31
1. The International Labour Conference may, at any session at which the matter is included in its agenda, adopt by a two-thirds majority amendments to Schedule I to this Convention.
2. Such amendments shall take effect in respect of any Member already a party to the Convention when such Member notifies the Director-General of the International Labour Office of its acceptance thereof.
3. Unless the Conference otherwise decides when adopting an amendment, an amendment shall be effective, by reason of its adoption by the Conference, in respect of any Member subsequently ratifying the Convention.
Article 32
The formal ratifications of this Convention shall be communicated to the Director-General of the International Labour Office for registration.
Article 33
1. This Convention shall be binding only upon those Members of the International Labour Organisation 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 ratifications has been registered.
Article 34
1. A Member which has ratified this Convention may denounce it 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 should 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 35
1. The Director-General of the International Labour Office shall notify all Members of the International Labour Organisation of the registration of all ratifications and denunciations communicated to him by the Members of the Organisation.
2. When notifying the Members of the Organisation of the registration of the second ratification communicated to him, the Director-General shall draw the attention of the Members of the Organisation to the date upon which the Convention will come into force.
Article 36
The Director-General of the International Labour Office shall communicate to the SecretaryGeneral 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 37
At such times as 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 38
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 34 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 39
The English and French versions of the text of this Convention are equally authoritative. Schedule I. List of occupational diseases (amended 1980)*9


*9 The original Schedule I was amended in 1980 in accordance with Article 31 of the Convention.
Occupational diseases
Work involving exposure to risk**10
1. Pneumoconioses caused by sclerogenetic mineral dust (silicosis, anthraco-silicosis, asbestosis) and silico-tuberculosis, provided that silicosis is an essential factor in causing the resultant incapacity or death.
All work involving exposure to the risk concerned.
2. Bronchopulmonary diseases caused by hard-metal dust.
See above
3. Bronchopulmonary diseases caused by cotton dust (byssinosis), or flax, hemp or sisal dust.
See above
4. Occupational asthma caused by sensitising agents or irritants both recognised in this regard and inherent in the work process.
See above
5. Extrinsic allergic alveolitis and its sequalae caused by the inhalation of organic dusts, as prescribed by national legislation.
See above
6. Diseases caused by beryllium or its toxic compounds.
See above
7. Diseases caused by cadmium or its toxic compounds.
See above
8. Diseases caused by phosphorus or its toxic compounds.
See above
9. Diseases caused by chromium or its toxic compounds.
See above
10. Diseases caused by manganese or its toxic compounds.
See above
11. Diseases caused by arsenic or its toxic compounds.
See above
12. Diseases caused by mercury or its toxic compounds.
See above
13. Diseases caused by lead or its toxic compounds.
See above
14. Diseases caused by fluorine or its toxic compounds.
See above
15. Diseases caused by carbon disulfide.
See above
16. Diseases caused by the toxic halogen derivatives of aliphatic or aromatic hydrocarbons.
See above
17. Diseases caused by benzene or its toxic homologues.
See above
18. Diseases caused by toxic nitro- and amino- derivatives of benzene or its homologues.
See above
19. Diseases caused by nitroglycerin or other nitric acid esters.
See above
20. Diseases caused by alcohols, glycols or ketones.
See above
21. Diseases caused by asphyxiants: carbon monoxide, hydrogen cyanide or its toxic derivatives, hydrogen sulfide.
See above
22. Hearing impairment caused by noise.
See above
23. Diseases caused by vibration (disorders of muscles, tendons, bones, joints, peripheral blood vessels or peripheral nerves).
See above
24. Diseases caused by work in compressed air.
See above
25. Diseases caused by ionising radiations.
All work involving exposure to the action of ionising.
radiations.
26. Skin diseases caused by physical, chemical or biological agents not included under other items.
All work involving exposure to the risk concerned.
27. Primary epitheliomatous cancer of the skin caused by tar, pitch, bitumen, mineral oil, anthracene, or the compounds, products or residues of these substances.
See above
28. Lung cancer or mesotheliomas caused by asbestos.
See above
29. Infectious or parasitic diseases contracted in an occupation where there is a particular risk of contamination.
(a) Health or laboratory work.
(b) Veterinary work.
(c) Work handling animals, animal carcasses, parts of such carcasses, or merchandise which may have been contaminated by animals, animal carcasses, or parts of such carcasses.
(d) Other work carrying a particular risk of contamination.
Schedule II. Periodical payments to standard beneficiaries Contingency Standard beneficiary Percentage


**10In the application of this Schedule the degree and type of exposure should be taken into account when appropriate.
1. Temporary or initial capacity for work Man with wife and two children 60
2. Total loss of earning capacity or corresponding loss of faculty Man with wife and two children 60
3. Death of breadwinner Widow with two children 50
ANNEX
International standard industrial classification of all economic activities (Revision 4)
(see Convention No. 121, page 41)

Recommendation No. 121I
Employment Injury Benefits Recommendation, 1964 (No. 121)
Preamble
The General Conference of the International Labour Organisation,
Having been convened at Geneva by the Governing Body of the International Labour Office, and having met in its Forty-eighth Session on 17 June 1964, and
Having decided upon the adoption of certain proposals with regard to benefits in the case of industrial accidents and occupational diseases, which is the fifth item on the agenda of the session, and
Having determined that these proposals shall take the form of a Recommendation supplementing the
Employment Injury Benefits Convention, 1964, adopts this eighth day of July of the year one thousand nine hundred and sixty-four, the following
Recommendation, which may be cited as the Employment Injury Benefits Recommendation, 1964:

1. In this Recommendation—
(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 dependent refers to a state of dependency which is presumed to exist in prescribed cases.
2. Each Member should extend the application of its legislation providing for employment injury benefits, if necessary by stages, to any categories of employees which may have been excepted in virtue of Article 4, paragraph 2, of the Employment Injury Benefits Convention, 1964, from the protection provided for in that Convention.
3.
(1) Each Member should, subject to prescribed conditions, secure the provision of employment injury or analogous benefits, if necessary by stages and/or through voluntary insurance, to—
(a) members of co-operatives who are engaged in the production of goods or the provision of services;
(b) prescribed categories of self-employed persons, in particular persons owning and actively engaged in the operation of small-scale businesses or farms;
(c) certain categories of persons working without pay, which should include—
(i) persons in training, undergoing an occupational or trade test or otherwise preparing for their future employment, including pupils and students;
(ii) members of volunteer bodies charged with combating natural disasters, with saving lives and property or with maintaining law and order;
(iii) other categories of persons not otherwise covered who are active in the public interest or engaged in civic or benevolent pursuits, such as persons volunteering their services for public office, social service or hospitals;
(iv) prisoners and other detained persons doing work which has been required or approved by the competent authorities.
(2) The financial resources of voluntary insurance for the categories referred to in subparagraph (1) of this Paragraph should not be provided from contributions intended to finance the compulsory schemes for employees.
4. Special schemes applicable to seafarers, including seafishermen, and to public servants should provide benefits in case of an employment injury which are not less favourable than those provided for in the Employment Injury Benefits Convention, 1964.
5. Each Member should, under prescribed conditions, treat the following as industrial accidents:
(a) accidents, regardless of their cause, sustained during working hours at or near the place of work or at any place where the worker would not have been except for his employment;
(b) accidents sustained within reasonable periods before and after working hours in connection with transporting, cleaning, preparing, securing, conserving, storing and packing work tools or clothes;
(c) accidents sustained while on the direct way between the place of work and—
(i) the employee’s principal or secondary residence; or (ii) the place where the employee usually takes his meals; or (iii) the place where he usually receives his remuneration.
6. Each Member should, under prescribed conditions, regard diseases known to arise out of the exposure to substances or dangerous conditions in processes, trades or occupations as occupational diseases.
(2) Unless proof to the contrary is brought, there should be a presumption of the occupational origin of such diseases where the employee—
(a) was exposed for at least a specified period; and
(b) has developed symptoms of the disease within a specified period following termination of the last employment involving exposure.
(3) When prescribing and bringing up to date national lists of occupational diseases, Members should give special consideration to any list of occupational diseases which may from time to time be approved by the Governing Body of the International Labour Office.
7. Where national legislation contains a list establishing a presumption of occupational origin in respect of certain diseases, proof should be permitted of the occupational origin of diseases not so listed and of diseases listed when they manifest themselves under conditions different from those establishing a presumption of their occupational origin.
8. Cash benefits in respect of incapacity for work should be paid from the first day in each case of suspension of earnings.
9. The rates of cash benefits in respect of temporary or initial incapacity for work, or in respect of total loss of earning capacity likely to be permanent, or corresponding loss of faculty, should be—
(a) not less than two-thirds of the injured person’s earnings: Provided that a maximum limit may be prescribed for the rate of benefit or for the earnings taken into account for the calculation of the benefit; or
(b) where such benefits are provided at flat rates, not less than two-thirds of the average earnings of persons employed in the major group of economic activities with the largest number of economically active male persons.
10.
(1) The cash benefit payable by reason of loss of earning capacity likely to be permanent, or corresponding loss of faculty, should take the form of a periodical payment for the duration of such loss in all cases in which the degree of loss equals at least 25 per cent.
(2) In cases in which the degree of loss of earning capacity likely to be permanent, or corresponding loss of faculty, is less than 25 per cent. a lump sum may be paid in lieu of a periodical payment. Such lump sum should bear an equitable relationship to periodical payments and should not be less than the periodical payments which would be due in respect of a period of three years.
11. Provision should be made to defray the reasonable cost of the constant help or attendance of another person in cases in which the injured person requires such services; alternatively, the periodical payment should be increased by either a prescribed percentage or a prescribed amount.
12.˙Where an employment injury entails unemployability or disfigurement and this is not taken fully into account in the evaluation of the loss sustained by the injured person, supplementary or special benefits should be provided.
13. Where the periodical payments made to the surviving spouse and children are less than the maximum amounts prescribed, a periodical payment should be made to the following categories of persons if they were dependent on the deceased for support:
(a) parents;
(b) brothers and sisters; (c) grandchildren.
14. Where a maximum limit upon the total benefits payable to all the survivors is prescribed, such maximum should be not less than the rate of benefits payable in respect of total loss of earning capacity likely to be permanent, or corresponding loss of faculty.
15. The rates of cash benefits currently payable pursuant to paragraphs 2 and 3 of Article 14 and to paragraph 1 of Article 18 of the Employment Injury Benefits Convention, 1964, should be periodically adjusted, taking account of changes in the general level of earnings or the cost of living.