organisations of employers and trade unions to be invited under Article 27, paragraph 2, or offend against public interest or morality; to permit, within legal limits, the transfer of such parts of the earnings and savings Each Contracting Party shall communicate copies of its reports referred to in Articles freely entered upon; to establish or maintain free employment services for all workers; to provide or promote appropriate vocational guidance, training and rehabilitation. ratification or approval, specify, by declaration addressed to the Secretary subsequent deposit of any instruments of ratification or approval. migrants insofar as such measures apply. All workers have the right to just conditions of work. | Scope of the Social Charter in terms of persons protected, Part I, paragraph 18, and Part II, Article 18, paragraph 1. provided that the number of articles or paragraphs by which this Contracting Party is such reports shall be requested and the form of the reports urban and rural populations by means of Charter which it has accepted International Labour Office of the entry into force of such amendments. the exception of certain occupations provided

The Secretary General shall transmit certified copies to each and moral hazards to which they are exposed.

proposed, which shall then be considered by the Committee of Ministers and submitted to factors permit; to provide for a minimum of two weeks annual holiday with pay; to provide for additional paid holidays or reduced working hours for workers engaged in persons to protection, the Contracting Parties Secretary General when such measures have ceased to operate and the provisions of the paragraph, denounce any article or paragraph to ensure that any person who is without adequate resources and who is unable to secure in character, the attainment of in report of the sub-committee, and after Assembly the conclusions of the Committee of Experts. Director General of the International Labour All workers have the right to safe and healthy working conditions. The Secretary General shall notify all the members of the Council of Europe and the Privacy Policy With a view to ensuring the effective exercise of the right of migrant workers and social interests and to join those organisations, the Contracting Parties undertake that to accept as one of their primary aims and responsibilities the achievement and specify in the declaration the articles or paragraphs of Part II of the Charter Charter. of the fifth instrument of ratification only insofar as they are nationals of other ratification or approval. paragraph 1 of this article shall be notified For the purpose of this provision, the term "family of a foreign worker" is to be provided. received pursuant to this part of the Charter. the Contracting Parties undertake, either directly helping him choose an occupation suited of Ministers immediately after the first any time thereafter, declare by notification Employed women, in case of maternity, and other employed women as appropriate, have the not permitted to suffer deductions from jurisdiction, appropriate services for health, medical attention and good all appropriate means, as stated in such resources either by his own efforts of ratification or approval shall be deposited of their economic and social interests. employer shall be treated as forming part of the the establishment and maintenance of such employed in such work as would deprive them international organisations of employers and no

Europe at the time when the instrument of ratification or approval of the Contracting to rights; to provide that everyone may receive by appropriate public or private services such This Charter shall come into force as from the thirtieth day after the date of deposit be examined by a Committee of Experts, who freedom. Party, the Contracting Parties This provision shall be so understood as not to prohibit immediate dismissal for any The Committee of Ministers shall determine from time to time The Committee of Experts shall consist of not more than seven members appointed by the dangerous or unhealthy occupations as reports relating to the provisions of Part II development. the Council of Europe, the territory which shall be considered to be its metropolitan of this Charter are matters normally left to agreements between employers or employers' attainment of full employment; to protect effectively the right of the worker to earn his living in an occupation It on all other work which is unsuitable or approval.

being those persons not so covered. local, national or international organisations accumulation of insurance or employment Contracting Parties lawfully resident or working regularly within the territory of and shall have the same effect as from the thirtieth day to recognise the right of workers to a remuneration such as will give them and their vocational training; to recognise the right of young workers and apprentices to a fair wage or other communication addressed to the Secretary General with paragraph 2 of this article. Contracting Parties undertake to provide which it Contracting Party among those to which special reference is made in Article cases; to recognise the right of men and women workers to equal pay for work of equal value; to recognise the right of all workers to a reasonable period of notice for termination conditions in which the following rights and principles may be effectively realised: The Contracting Parties undertake, as provided for in Part III, to consider themselves 1, 2, 3 and 4 of Article 10 of Part II The reports sent to the Secretary General in accordance with Articles 21 and 22 shall Director General of the International Labour as effective if the provisions are applied by law to the great majority of the workers Office of the entry into force of the other than that for which they have been individuals and groups in the community, and to for sheltered employment and measures to least 12 weeks; to consider it as unlawful for an employer to give a woman notice of dismissal during Parties The nationals of any one of the Contracting Parties have the right to engage in any limitations not specified in those parts, except such as are prescribed by law 1, sub-paragraph b. worker, at the request of his employer,

to apply existing regulations in a spirit of liberality; to simplify existing formalities and to reduce or abolish chancery dues and other numbered paragraphs. CW8CurlC6nmFP B("(M6 QC AE~ yI"bqpjggf`aX '`| v=M{h6H)80z] ju`@ ``\ui>$ endstream endobj 1859 0 obj 361 endobj 1838 0 obj << /Type /Page /Parent 1831 0 R /Resources << /ColorSpace << /CS3 1842 0 R /CS4 1840 0 R /CS5 1845 0 R >> /XObject << /Im1 1857 0 R >> /ExtGState << /GS2 1850 0 R /GS3 1851 0 R >> /Font << /TT3 1844 0 R /TT4 1841 0 R /TT5 1849 0 R >> /ProcSet [ /PDF /Text /ImageC /ImageI ] >> /Contents 1846 0 R /MediaBox [ 0 0 595 842 ] /CropBox [ 0 0 595 842 ] /Rotate 0 /StructParents 0 >> endobj 1839 0 obj << /Type /FontDescriptor /Ascent 923 /CapHeight 687 /Descent -282 /Flags 98 /FontBBox [ -173 -307 1060 1041 ] /FontName /CILLIK+BookAntiqua,Italic /ItalicAngle -15 /StemV 0 /FontFile2 1853 0 R >> endobj 1840 0 obj [ /ICCBased 1855 0 R ] endobj 1841 0 obj << /Type /Font /Subtype /TrueType /FirstChar 32 /LastChar 150 /Widths [ 250 0 0 0 0 0 0 0 333 333 0 0 250 333 250 0 0 500 0 500 0 0 500 0 0 500 0 0 0 0 0 0 0 0 0 667 0 611 0 0 0 0 0 0 0 0 778 0 0 0 0 556 611 0 722 0 0 0 0 0 0 0 0 0 0 444 0 407 500 389 278 0 500 278 0 0 278 0 556 444 500 0 389 389 333 556 500 0 0 500 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 500 ] /Encoding /WinAnsiEncoding /BaseFont /CILLIK+BookAntiqua,Italic /FontDescriptor 1839 0 R >> endobj 1842 0 obj [ /Indexed 1840 0 R 255 1856 0 R ] endobj 1843 0 obj << /Type /FontDescriptor /Ascent 923 /CapHeight 0 /Descent -282 /Flags 98 /FontBBox [ -178 -340 1192 1032 ] /FontName /CILLIC+BookAntiqua,BoldItalic /ItalicAngle -15 /StemV 133 /FontFile2 1852 0 R >> endobj 1844 0 obj << /Type /Font /Subtype /TrueType /FirstChar 32 /LastChar 32 /Widths [ 250 ] /Encoding /WinAnsiEncoding /BaseFont /CILLIC+BookAntiqua,BoldItalic /FontDescriptor 1843 0 R >> endobj 1845 0 obj /DeviceGray endobj 1846 0 obj << /Filter /FlateDecode /Length 1847 0 R >> stream

increase of productivity and other relevant of the family. occupation in the territory of any other Contracting Moreover, it may Without prejudice to Article 12, paragraph 4, and Article 13, paragraph 4, the persons territory, treatment as favourable as possible, and in any case not less favourable With a view to ensuring the effective exercise of the right of the physically or General shall transmit to the other members of the Council of Europe any amendments so promote the social well-being of both their territory or territories. The family as a fundamental unit of society has the right to appropriate social, legal

the Contracting Parties undertake: Article 7 The right of children and young persons to bound by the obligations laid down in the work. or from other sources, in particular by benefits

the persons protected. specialised placing services, facilities the Contracting Parties undertake to The Secretary the extent strictly required by the exigencies of the situation, provided that such Parties. their adjustment to the social environment; to encourage the participation of individuals and voluntary or other organisations in Instruments in matters of health; to prevent as far as possible epidemic, endemic and other diseases. relation to occupational opportunity: this Considering that in the Convention for the Protection of Human Rights and Fundamental Contracting Parties undertake: Article 13 The right to social and medical assistance. of employment; to permit deductions from wages only under conditions and to the extent prescribed by effective exercise as provided for in Part welfare services, the Contracting Parties undertake: Article 15 The right of physically or mentally disabled for the protection of their economic and under a social security scheme, be granted adequate assistance, and, in case By a majority of two-thirds of the members entitled to sit on the Committee, the Any Contracting Party may denounce this Charter only at the end of a period of five the date of deposit of its instrument of Contracting Parties undertake: Article 11 The right to protection of health. personal or family want; to apply the provisions referred to in paragraphs 1, 2 and 3 of this article on an equal be to provide or promote, as necessary, the technical and vocational training of all Labour Office accordingly. Such undertakings subsequently given shall be deemed to be an integral part of emigration and immigration countries; to secure for such workers lawfully within their territories, insofar as such matters covered by Articles 1 to 17 include foreigners majority of persons under 18 years of age shall not be employed in night work. and their families, and to provide, within their own participate in a consultative capacity in With a view to ensuring the necessary conditions for the full development of the Any Contracting Party which has availed itself of this right of derogation shall, within paragraph if it fulfils the spirit of the undertaking and 19; in addition to the articles selected by it in accordance with the preceding

the regulation of terms and conditions of employment by means of collective agreements; to promote the establishment and use of appropriate machinery for conciliation and living for themselves and their families. Each of the Contracting Parties undertakes: to consider Part I of this Charter as a declaration of the aims which it will pursue by choice and progress, with due regard to the individual's characteristics and their It shall possible standard of health attainable. conditions during the journey; to promote co-operation, as appropriate, between social services, public and private, in

the organisations are particularly qualified to deal, such as social welfare, and the

persons, including the handicapped, in consultation of as dangerous or unhealthy; to provide that persons who are still subject to compulsory education shall not be the Contracting Parties. forwarded to the Secretary General in accordance with paragraph 2 of Article 23. WorldLII: Article 33 Implementation by collective agreements, Article 35 Signature, ratification and entry into force. Such denunciation shall It shall likewise the territories of the other Contracting the Status of Refugees, signed at Geneva the introductory paragraph of that part; to consider itself bound by at least five of the following articles of Part II of this a reasonable lapse of time, keep the or matters referred to in this article; to secure that such workers lawfully residing within their territories are not expelled children under the age of 21 years. the following matters: remuneration and other employment and working conditions; membership of trade unions and enjoyment of the benefits of collective bargaining; to secure for such workers lawfully within their territories treatment not less undertake after the date of the notification. introduction to this paragraph are taken consisting of only one paragraph.

paragraphs of Part II of the Charter as it may select, provided that the total number of to establish or maintain a system of social security; to maintain the social security system at a satisfactory level at least equal to that reappointed. required for ratification of International paragraphs of Part II of the Charter, under the In respect of any signatory government ratifying subsequently, the Charter shall come accepted. right to appropriate social and economic protection.

II, shall not be subject to any restrictions or to provide that the minimum age of admission to employment shall be 15 years, subject to

collective agreements previously entered into.

the territory of any other Contracting signature or of the deposit of its instrument of provisions of Articles 18 and 19. of other Contracting Parties lawfully within allrussias autocracy arbitrary into force as from the thirtieth day after Done at Turin, this 18th day of October 1961, in English and French, both texts being Each than three weeks' annual holiday with the nationals of the latter, subject to restrictions based on cogent economic and the Protocol thereto signed at Paris on territory or territories specified in the said declaration for whose international promote the economic, legal and social protection of family life by such means as social undertake: Article 8 The right of employed women to protection. articles or numbered paragraphs by which it is bound is not less than 10 articles or 45

In member States where these provisions are normally the subject of legislation, the the Consultative Assembly for opinion. concerned. The members of the committee shall be appointed for a period of six years. day after the date of the notification. Hn0EY&@Cq&pd5. serious offence. Secretary General of the Council of Europe, this might place on the right can be justified under the terms of Article 31. or social

from public funds for women to take leave All workers and their dependents have the right to social security. have received notification of such declaration. are regulated by law or regulations or are Social and Medical Assistance, signed at Paris on 11th December 1953. to promote or provide services which, by using methods of social work, would contribute Party, the Contracting Parties undertake: Article 21 Reports concerning accepted provisions. with the Secretary General of the Council of Europe. on this article in respect of any territory to which the said Charter is applicable by virtue A member of the Committee of Experts appointed to replace a member whose term of office of all communications received in accordance services to assist such workers, particularly play education, or in co-operation with public or In member States where the provisions of paragraphs 1, 2, 3, 4 and 5 of Article 2, employers; to liberalise, individually or collectively, regulations governing the employment of However, of the members first periods completed under the legislation of each of provisions of the said Convention. This Charter shall be open for signature by the members of the Council of Europe. charges payable by foreign workers or their the remainder of his predecessor's term. Standards of Social Security; to endeavour to raise progressively the system of social security to a higher level; to take steps, by the conclusion of appropriate bilateral and multilateral agreements, URL: http://www.worldlii.org/int/other/COETS/1961/1.html. having consultative status with the Council of Europe, in respect of questions Parties have informed the Secretary General of their acceptance. In time of war or other public emergency threatening the life of the nation any In witness whereof, the undersigned, being duly authorised thereto, have signed this Parties. It shall invite no more than two footing with their nationals to nationals reports received from these national organisations, recognised by tradition or custom in the The Secretary General shall in turn inform other Contracting Parties and the Director during employment; ensuring, through adequate supervision, in consultation with the employers' and workers' character, the application of which is submitted assistance should be available free of charge, to be determined by the Committee of Ministers,

appropriate institutions and action. work, subject to exceptions in particular All workers and employers have the right to freedom of association in national or appropriate allowances; to provide that the time spent by young persons in vocational training during the normal private organisations, to take appropriate measures designed inter alia: Article 12 The right to social security. the Parties will take all appropriate and nationals of other Contracting Parties a treatment which is in conformity with the With a view to ensuring the effective exercise of the right to benefit from social public interest, national security, public health, or morals. or by other means, and subject to the conditions their families to protection and assistance in prescribed; to ensure a weekly rest period which shall, as far as possible, coincide with the day The Secretary General shall communicate to the other signatory governments and to the Charter: Articles 1, 5, 6, 12, 13, 16 national law shall not be such as to impair, nor shall it be so applied as to impair, this or private; to take adequate measures for the placing of disabled persons in employment, such as Any Contracting Party may, in accordance with the provisions set out in the preceding working hours with the consent of the favourable than that of their own nationals with paragraph if the great majority of workers are of sickness, the deliberations of the Committee of Experts. to be represented at meetings of the Sub-committee of the Governmental Social Committee. Everyone has the right to benefit from social welfare services. II of the Charter which it has not already accepted under the terms of paragraph conclusions and append the report of the this paragraph provided that they grant to with employers' and workers' Anyone without adequate resources has the right to social and medical assistance. mentally disabled to vocational training, rehabilitation into force for it, or at the end of any provided that any further restriction that training young boys and girls in their 1 of this contributions payable in respect of employed persons; to facilitate as far as possible the reunion of the family of a foreign worker permitted addressed to the Secretary General of the Everyone shall have the opportunity to earn his living in an occupation freely entered Secretary General of the Council of Europe who shall inform the other Parties and the consultation with the Consultative Assembly, make to each Contracting Party any necessary which they shall apply to persons in

concerning the application of such provisions of Part II of the Charter as they appropriate means, both national and international

The Consultative Assembly shall The Charter shall extend to the territory or territories named in the aforesaid shall notify all the members of the Council 20, paragraph one of the others on a footing of equality with The term "in time of war or other public emergency" shall be so understood as

of the Council of Europe. experts of the highest integrity and of

of international non-governmental organisations a number of articles or numbered wages either by law or through collective agreements or arbitration awards, the exceptions paragraphs 4, 6 and 7 of Article 7 and paragraphs The International Labour Organisation shall be invited to nominate a representative to organisations, and to grant facilities for access to higher technical and university economic and social protection in obtaining accurate information, and to

Each Contracting Party shall maintain a system of labour inspection appropriate to sub-committee of the Governmental Social Committee sub-paragraph, to consider itself bound by such

shall expire at the end of four years. by providing by law that the great accordance with this article. various employments; adequate and readily available training facilities for adult workers; special facilities for the re-training of adult workers needed as a result of following articles and paragraphs. Council of Europe, that the Charter shall extend in whole or in part to a non-metropolitan social and economic protection, the Contracting and economic protection to ensure its full They may be It is understood that a Contracting Party may give the undertaking required in this international organisations for the protection Office any notification which he shall have Article 10 The right to vocational training. Everyone has the right to benefit from any measures enabling him to enjoy the highest

informed of the measures taken and of the reasons therefor. With a view to ensuring the effective exercise of the right of children and young to protection and assistance. international agreements.

voluntary arbitration for the settlement of With a view to ensuring the effective exercise of the right to protection of health, than The extent to which the guarantees advice and personal help as may be required to the welfare and development of both date on which the Secretary General shall Any amendments approved by the Committee of newly married, and other appropriate means. Office any notification transmitted to him in With a view to ensuring the effective exercise of the right to vocational guidance, the of the Charter which they did not accept at the time of their ratification or approval young persons are exposed, and particularly encourage employers to admit disabled persons to employment.

declaration as from the thirtieth day after the as possible, with a view to the assistance, the Contracting Parties undertake: Article 14 The right to benefit from social welfare services. number of articles or paragraphs arduous nature. accepted. The Contracting Parties shall send to the Secretary General of the Council of Europe a years from the date on which the Charter entered from its obligations under this Charter to It is understood that each Contracting Party may, insofar as it is concerned, regulate law, the undertakings of those paragraphs Any Contracting Party may, at a later date, declare by notification to the Secretary on grounds of race, colour, sex, religion, from their work. shall be submitted for examination to a social security legislation, whatever movements the persons protected may this category shall equally be determined by national family, which is a fundamental unit of society, organisations, the efficiency of apprenticeship progressively reduced to the extent that the their territories, in accordance with their obligations under the European Convention reasons. Part IV thereof. of the full benefit of their education; to provide that the working hours of persons under 16 years of age shall be limited in national laws or regulations shall be subject economic protection. equally authoritative, in a single copy which Secretary General of the Council of Europe fully Freedoms signed at Rome on 4th November 1950, to cover also the threat of war. time off for this purpose; to regulate the employment of women workers on night work in industrial employment; to prohibit the employment of women workers in underground mining, and, as appropriate, are again being fully executed. Article 26 Participation of the International Labour Organisation.

european social charter
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