The senses are preserved after the intoxication

Recommendation 67

Recommendation on securing livelihoods

The General Conference of the International Labor Organization,

convened by the Board of Directors of the International Labor Office in Philadelphia and convened for its twenty-sixth session on April 20, 1944,

has decided to accept various motions relating to livelihood security, a question that is the fourth item on its agenda, and

determined that these proposals should be in the form of a recommendation.

The Conference adopts today, May 12, 1944, the following Recommendation, which may be cited as the Livelihood Security Recommendation, 1944.

The conference assumes that the Atlantic Charter provides "the most comprehensive economic cooperation of all nations" "in order to achieve better working conditions, economic progress and social security for everyone".

It takes into account that, by a resolution adopted on November 5, 1941, it endorsed this principle of the Atlantic Charter and assured the full cooperation of the International Labor Organization for its implementation.

She takes the view that securing a livelihood is an essential part of social security.

She points out that the International Labor Organization has promoted development in the field of livelihood security through the following measures:

The Conference recognizes that various Members have failed to take all measures within their authority to promote the welfare and development of their people, even though they have a particularly strong need for improved working conditions, economic progress and social security.

It considers it highly desirable that these members take the necessary steps as soon as possible to achieve the minimum international standards and to develop them further.

It is of the opinion that further measures to secure livelihoods are already desired, namely by standardizing or coordinating the social security systems, by extending these systems to all workers and their families, including the rural population and the self-employed, and by eliminating undue hardship.

It is of the opinion that the establishment of certain general principles would serve this purpose, according to which the members of the organization should orient themselves when they use their systems of livelihood security in this sense on the basis of the existing conventions and recommendations - until later unification and Expand the provisions of these Conventions and Recommendations - expand.

The conference

a) therefore recommends that the members of the organization gradually apply the general guiding principles set out below as quickly as national conditions allow, by structuring their livelihood system according to the fifth principle of the Atlantic Charter and the International Labor Office according to the Report to resolutions of the Board of Directors on the measures they have taken in application of the aforementioned general guiding principles,

b) Draws the attention of the members of the Organization to the proposals made to the Conference for the application of these general guiding principles and which are appended to this recommendation.

Guiding principles

General

1. Any livelihood system should serve to alleviate poverty and prevent hardship by eliminating the means of subsistence incurred due to incapacity for work (including age-related) or the inability to find worthwhile employment, or as a result of death of the breadwinner have failed, are adequately replaced.

2. The provision of livelihoods should, as far as possible, be based on compulsory social insurance, whereby the insured persons who meet the prescribed conditions, on the basis of their contributions paid to an insurance institution, have to claim benefits at rates and in cases that are stipulated by law .

3. Social welfare should address needs that are not covered by compulsory social insurance. Certain groups of people, namely dependent children, needy disabled and elderly people and needy widows, should be entitled to receive welfare benefits in an appropriate amount and at certain rates.

4. All other needy persons should be provided with social care appropriate to the needs of the individual case.

social insurance

5. Cases covered by compulsory social insurance should include all cases where an insured person is unable to earn a living due to incapacity for work or the inability to find worthwhile employment, or where he dies and leaves a dependent family. Certain emergencies related to these cases and common emergencies that place a particular burden on low income should also be included in the insurance unless otherwise covered.

6. Compensation should be provided in cases of incapacity for work or death resulting from employment.

7. The cases covered by the insurance should be classified as follows in order to adapt social security benefits more closely to different needs:

However, invalidity, old-age and unemployment benefits should not be granted concurrently.

8. In addition to the benefits to compensate for the loss of earnings, additional benefits should be granted for each of the first two children, while family allowances from public funds or community funds could be provided for the other children.

9. The case in which sick pay should be granted is loss of earnings due to medical leave due to an acute illness or injury that requires medical treatment or supervision.

10. The case in which maternity allowance should be granted consists of loss of earnings due to time off work during a certain period before and after the confinement.

11. The case in which an invalidity pension should be granted is the inability to pursue sufficiently profitable employment because of a chronic condition caused by illness, injury or loss of limb or function.

12. The case in which an old-age pension should be granted is the attainment of a certain age. This should be the age at which the ability to work productively is usually lost, illness and disability become strongly felt, and existing unemployment threatens to become permanent.

13. The case in which survivor's pensions should be granted is the loss of the means of subsistence which the survivors presumably suffer from the death of the head of the family.

14. The case in which unemployment benefits should be granted is the loss of earnings either as a result of the total unemployment of an insured person who is usually employed, is capable of regular work in an occupation and seeks suitable employment, or as a result of short-time working (partial unemployment ).

15. Benefits should be provided for extraordinary expenses that arise in the event of illness, confinement, disability and death, unless these expenses are covered in any other way.

16. The case in which compensation should be granted for an accident at work or an occupational disease is an injury or illness resulting from the exercise of the profession which results in temporary or permanent disability or death, insofar as the injury or illness was not caused willfully or through grave and deliberate misconduct on the part of the victim.

17. Social security should, as far as possible, provide its protection for all employees and all self-employed persons, including their dependents, in the relevant cases for these persons

18. The employer should be responsible for collecting the contributions of all persons he employs and should be empowered to deduct the amounts owed from them when paying their wages.

19. In order to facilitate the proper provision of benefits, provisions should be made for the maintenance of fee registers, for the creation of simple means of identifying the cases from which entitlement to the benefits derive, and for the organization of the health services on an equal footing and the labor market administration, which deals with preventive and curative measures.

20. Workers should be insured against all social security cases as soon as the collection of their contributions can be regulated and the necessary arrangements for the granting of benefits can be made.

21. The self-employed should be insured against invalidity, old age and death under the same conditions as employees, as soon as the collection of their contributions can be regulated. Consideration should also be given to the possibility of insuring you in the event of illness and confinement, insofar as these cases require hospital care, in the event of illness lasting several months and in the event of extraordinary expenses caused by illness, confinement, disability or death.

22. The benefits should compensate for the loss of earnings, with due consideration of the family support, to the highest possible degree that can be achieved without weakening the will to return to work where such work is concerned and without weakening the productive economic groups in one of the earnings and to burden employment adversely.

23. The benefits should be based on the insured's previous earnings on which the contribution was based; however, that part of the salary that exceeds the normal salary of a skilled worker can be disregarded when determining benefits and parts of benefits that are paid from sources other than contributions by the insured person.

24. Fixed-rate benefits may be appropriate in countries where the population has ample, inexpensive means of obtaining additional protection through voluntary insurance. These benefits should be measured according to the earnings of unskilled workers.

25. Entitlement to benefits, with the exception of those relating to accidents at work and occupational diseases, should be made dependent on contribution conditions which allow proof that the insured person is an employee or self-employed person according to his or her usual professional position and which allow the desirable regularity of payment to maintain the contributions; however, the insured person must not lose his entitlement to benefits because the employer has failed to collect the insured person's contributions on a regular basis.

26. The benefits and administrative expenses should be borne jointly by the insured, employers and taxpayers under conditions which are not unreasonable for the insured, do not burden insured with negligible resources and avoid any disruption of economic production.

27. The administration of social security should be standardized or coordinated within the framework of a general organization of social security, and the persons liable for contributions should be represented through their associations in the bodies which decide on the guidelines of the administration or make applications and propose bills or other regulations working out.

Social care

28. The general public should generally work with parents through general welfare institutions designed to ensure the well-being of dependent children.

29. Invalid, elderly and widows who do not receive social security benefits because they or their spouses were not compulsorily insured and whose income does not exceed a certain level should receive special maintenance allowances at certain rates.

30. All persons in need should be given sufficient allowances in cash or partly in cash and partly in kind, provided that these persons do not need to be placed in an institution to improve their condition.

attachment

Guiding principles and suggestions for their implementation

(The bold paragraphs contain the general guiding principles and the sub-paragraphs the suggestions for their implementation.)

General

1. Any livelihood system should serve to alleviate poverty and prevent hardship by eliminating the means of subsistence incurred due to incapacity for work (including old age) or the inability to find worthwhile employment, or as a result of death of the breadwinner are not adequately replaced.

2. The provision of livelihoods should, as far as possible, be based on compulsory social insurance, whereby the insured persons who meet the prescribed conditions, on the basis of their contributions paid to an insurance institution, have to claim benefits at rates and in cases that are stipulated by law .

3. Social welfare should address needs that are not covered by compulsory social insurance. Certain groups of people, namely dependent children, needy disabled and elderly people and needy widows, should be entitled to receive welfare benefits in an appropriate amount and at certain rates.

4. All other needy persons should be provided with social care appropriate to the needs of the individual case.

I. Social security

A. Cases recorded

scope

5. Cases covered by compulsory social insurance should include all cases where an insured person is unable to earn a living due to incapacity for work or inability to find worthwhile employment, or where he dies and leaves a dependent family. Certain emergencies related to these cases and common emergencies that place a particular burden on low income should also be included in the insurance unless otherwise covered.

6. Compensation should be provided in cases of disability or death resulting from employment.

7. The cases covered by the insurance should be classified as follows in order to adapt social security benefits more closely to different needs:

However, invalidity, old-age and unemployment benefits should not be granted concurrently.

8. In addition to the benefits to compensate for the loss of earnings, additional benefits should be granted for each of the first two children, while family allowances from public funds or community funds could be provided for the other children.

illness

9. The case in which sick pay should be granted is loss of earnings due to medical leave due to an acute illness or injury that requires medical treatment or supervision.

(1) As a rule, the need for time off should be assessed with regard to the employment that the insured person previously held and which he is likely to take up again.

(2) The payment of the benefit can be omitted for the first days of illness. However, if a relapse occurs within a few months, no new waiting period should be imposed.

(3) The benefit should, if possible, be granted until the recipient can either return to work or until he dies or becomes disabled. However, if it appears necessary to limit the time of the payment of the benefit, the maximum duration for the individual illness should be at least twenty-six weeks, and provisions should be made to extend this duration for special diseases such as tuberculosis, which are curable but often are tedious. During the start-up period of an insurance system, however, it may be necessary to plan for a shorter period of twenty-six weeks than the stated period.

maternity

10. The case in which maternity allowance should be granted consists of loss of earnings due to time off work during a certain period before and after the confinement.

(1) Every woman should have the right to stop working on the basis of a medical certificate that her confinement is likely to take place within six weeks, and no woman should be admitted to work before six weeks after her confinement.

(2) Maternity allowance should be granted during this period.

(3) The time off work for a longer period of time or on other occasions may be desirable for medical reasons, taking into account the state of health of those entitled and the demands of their work. Sick pay should be granted during this time.

(4) The granting of maternity allowance can be made dependent on the beneficiary making use of the health service made available to her and her child.

disability

11. The case in which an invalidity pension should be granted is the inability to pursue sufficiently lucrative employment because of a chronic condition caused by illness, injury or loss of limb or function.

(1) Persons with limited ability to work should be encouraged to accept any employment that is suitable for them, taking into account their remaining strengths and skills, their previous experience and the training opportunities available to them.

(2) Persons for whom such employment is appropriate but not currently available and persons attending a training course should receive a temporary disability pension, training allowance or, if they otherwise meet the necessary requirements, unemployment benefit.

(3) Persons for whom there is no such adequate employment should receive an invalidity pension.

(4) Entitled persons who are demonstrably incapable of regular gainful employment should be allowed to supplement their disability pension with occasional marginal earnings.

(5) If the rate of the disability pension is based on the previous earnings of the insured person, there should be an entitlement to benefits if the disabled person is unable to secure at least one third of the regular earnings with normal exertion, the fully capable person with the same training in the previous one Acquire the handicapped profession.

(6) The disability pension should be paid out from the day on which the sickness benefit is no longer granted for the entire duration of the disability, unless such a benefit is replaced by an old-age pension if the beneficiary reaches the age for the Claim to be achieved.

Age

12. The case in which an old-age pension should be granted is the attainment of a certain age. This should be the age at which the ability to work productively is usually lost, illness and disability become strongly felt, and existing unemployment threatens to become permanent.

(1) The minimum age at which an entitlement to an old-age pension arises should be no more than sixty-fifth years of age for men and sixty-fifth years of age for women; however, the age limit can be reduced for people who have performed strenuous and unhealthy work for a long time.

(2) If the basic benefit appears to be sufficient for subsistence, the granting of the old-age pension can be made dependent on the fact that regular gainful employment is waived. If such a waiver is required, incidental and relatively small earnings should not preclude the right to an old-age pension.

Death of the breadwinner

13. The case in which survivor's pensions should be granted is the loss of the means of subsistence which the survivors presumably suffer from the death of the head of the family.

(1) Survivor's pensions should be granted to a) the insured's widow, b) children, stepchildren, adopted children and - if they have previously been registered as dependent - illegitimate children of an insured person, if the insured person is responsible for the maintenance of the children and c) under conditions to be determined by national law, an unmarried woman with whom the insured has lived in community.

(2) A widow's pension should be granted to a widow who is maintaining a benefit-receiving child, who is disabled at the time of her spouse's death or at a later date, or who has reached the minimum age for an old-age pension. A widow who does not meet any of these conditions should receive a widow's pension for a minimum of a few months and, in the case of unemployment, continue until she can be offered adequate employment, if necessary after appropriate training.

(3) Orphan's pension should be granted to children who are still of school age or who have not yet reached the age of eighteen and who are continuing their education or training.

unemployment

14. The case in which unemployment benefits should be granted is the loss of earnings either as a result of the total unemployment of an insured person who is usually employed, is capable of regular work in an occupation and seeks suitable employment, or as a result of short-time working (partial unemployment ).

(1) The payment of the benefit can be omitted for the first days of unemployment, calculated from the day on which the claim is asserted. However, if unemployment occurs again within a few months, no new waiting period should be imposed on the insured person.

(2) The benefit should be granted until the insured is offered suitable work.

(3) During the initial period of unemployment, which is to be measured with reasonable consideration of the circumstances of the individual case, only the following work should be considered suitable:

(4) After this initial period has elapsed, suitable occupations can be considered

Emergency expenses

15. Benefits should be provided for extraordinary expenses that arise in the event of illness, confinement, disability and death, unless these expenses are covered in any other way.

(1) A mother of dependent children who is insured or is the wife of an insured and is not receiving any loss of earnings benefit should receive necessary home help for the duration of hospital care or a benefit that allows her to obtain such help.

(2) Insured women and wives of insured men should be paid a one-off amount at the time of childbirth for the cost of baby equipment and similar expenses.

(3) Recipients of invalidity or old age pensions in need of constant care should be granted a special supplementary benefit.

(4) In the event of the death of an insured person or the spouse or dependent child of an insured person, a one-off amount should be paid out for the funeral expenses.

Accidents at work and occupational diseases

16. The case in which compensation should be granted for an accident at work or an occupational disease is an injury or illness resulting from the exercise of the profession which results in temporary or permanent disability or death, insofar as the injury or illness was not caused willfully or through grave and deliberate misconduct on the part of the victim.

(1) The term industrial accident is to be interpreted in such a way that it includes accidents on the way to and from the workplace.

(2) If compensation is to be granted in the event of an accident at work or an occupational disease, the above provisions should be appropriately amended in accordance with the following paragraphs.

(3) An illness to which only those employed in certain professions are frequently subjected or which is based on poisoning caused by substances used in certain professions should be regarded as a disease presumably caused by the profession and should be compensated if the sick person is in one this profession has been busy.

(4) A record of these suspected occupational diseases should be established and reviewed from time to time by a simple process.

(5) If a minimum duration of employment is stipulated in a certain occupational branch as a prerequisite for the presumption of an occupational disease and a maximum duration during which this presumption still exists after termination of employment, the time necessary for the occurrence and onset of the illness should be taken into account .

(6) Temporary incapacity for work should be compensated under conditions similar to those for sickness benefit.

(7) The possibility of paying compensation from the first day of temporary incapacity should be considered if the incapacity lasts longer than the waiting period.

(8) In the event of loss or reduction of earning capacity as a result of the loss of a limb or a function or as a result of a chronic condition caused by accident or illness, compensation for permanent incapacity should be granted.

(9) An insured person who is permanently incapable of work should be required to resume work in an occupation that is suitable for him, taking into account his remaining strengths and skills, his previous experience and the retraining opportunities available to him.

(10) If he cannot be offered work of this kind, he should receive definitive or provisional compensation for total disability.

(11) If he can be offered a job of this kind, but the wages that he can earn with normal exertion are much lower than the wages that he would probably have earned without the accident or illness, then he should be one of the receive appropriate compensation for partial disability due to reduced earning potential.

(12) In the event of loss of a member or a function or in the event of disfigurement, the possibility of appropriate compensation should be considered in all cases, even if no reduction in earning capacity can be proven.

(13) Anyone who is exposed to the risk of a slowly developing occupational disease should be examined at regular intervals and, if a change of occupation is indicated, should be entitled to compensation.

(14) Compensation for permanent full or partial incapacity should be granted for the entire duration of such incapacity from the point at which payment of temporary incapacity compensation ceases.

(15) Recipients of permanent partial disability compensation should be entitled to other benefits under the same conditions as fully capable persons, if the rates of such benefits are based on the insured's previous earnings.

(16) If the rates of these benefits are not based on the previous earnings of the insured person, a maximum rate can be set for the compensation together with the other benefits.

(17) A survivor's allowance should be paid to dependents of the deceased who would otherwise be entitled to a survivor's pension, subject to the provisions of the following sub-paragraphs.

(18) A widow should receive compensation throughout her widowhood.

(19) Children should receive compensation up to the age of eighteen or, if they continue their education or training, until they reach the age of twenty-first.

(20) Provision should be made for other dependent family members of the deceased to receive compensation, without prejudice to the rights of the widow and children.

(21) The surviving dependents of at least two thirds of the permanently disabled insured person who did not die as a result of an accident at work or an occupational disease should be entitled to the basic benefits for surviving dependents, regardless of whether the deceased meets the conditions of contribution for such a benefit in At the time of his death or not.

B. Admission to Insurance

Persons to be covered by the insurance

17. Social security should, as far as possible, provide its protection for all employees and all self-employed persons, including their dependents, in the relevant cases for these persons

(1) Dependent wives, i.e. wives who are neither employed nor self-employed, and dependent children, i.e. persons of school age or persons under eighteen years of age who are continuing their general or vocational training, should, on the basis of the insurance of the Breadwinner be protected.

Collection of contributions

18. The employer should be responsible for collecting the contributions of all persons he employs and should be empowered to deduct the amounts owed from them when paying their wages.

(1) If membership of a professional association or the possession of a license is required for any group of self-employed persons, the professional association or the authority issuing the identity card can be entrusted with collecting the contributions of the persons concerned.

(2) The central or local authority can be entrusted with the collection of contributions from self-employed persons who are entered in a tax register.

(3) Until posts have been created to ensure the collection of contributions, steps should be taken to ensure that self-employed persons can make contributions individually or as members of professional associations.

Administrative measures for the granting of benefits

19. In order to facilitate the proper provision of benefits, provisions should be made for the maintenance of contribution registers, for the creation of simple means of identifying the cases from which entitlement to the benefits derive, and for the organization of health services on an equal footing and the labor market administration, which deals with preventive and curative measures

.

Workers

20. Workers should be insured against all social security cases as soon as the collection of their contributions can be regulated and the necessary arrangements for the granting of benefits can be made.

(1) Persons whose employment is so irregular or whose overall duration will presumably be so short that they are unlikely to justify an entitlement to the benefits due to the employees can be excluded from the insurance with regard to these benefits. Special measures should be taken for people who usually only work for the same employer for a very short time.

(2) Apprentices who are not paid should be insured against accidents at work and occupational diseases. From the time you have finished your apprenticeship, the compensation should be based on the usual professional wages.

Self-employed

21. The self-employed should be insured against invalidity, old age and death under the same conditions as employees, as soon as the collection of their contributions can be regulated. Consideration should also be given to the possibility of insuring you in the event of illness and confinement, insofar as these cases require hospital care, in the event of illness lasting several months and in the event of extraordinary expenses caused by illness, confinement, disability or death.

(1) Family members living in the same household as the employer, with the exception of the dependent wife and dependent children, should be insured against the aforementioned cases either on the basis of their actual wages or, if these cannot be ascertained, on the basis of the market value of their services . The employer should pay for the contributions owed from this.

(2) Self-employed persons whose earnings are usually so low that they can only be regarded as an additional or occasional source of income or that the payment of the minimum contribution would represent a heavy burden for them should be temporarily excluded from insurance and referred to themselves to contact the labor market administration or a special welfare institution that may exist for the occupational group in question for advice.

(3) Persons who are no longer compulsorily insured as employees or self-employed after the period prescribed for claiming disability and survivors' pensions has expired should be allowed to express their will within a limited period of time to take out their insurance under the same conditions as self-employed To continue working; Any prescribed deviations are reserved.

C. Benefit rates and contribution conditions

Benefit rates

22. The benefits should compensate for the loss of earnings, with due consideration of the family support, to the highest possible degree that can be achieved without weakening the will to return to work where such work is concerned and without weakening the productive economic groups in one of the earnings and to burden employment adversely.

23. The benefits should be based on the insured's previous earnings on which the contribution was based; however, that part of the salary that exceeds the normal salary of a skilled worker can be disregarded when determining benefits and parts of benefits that are paid from sources other than contributions by the insured person.

24. Fixed-rate benefits may be appropriate in countries where the population has ample, inexpensive means of obtaining additional protection through voluntary insurance. These benefits should be measured according to the earnings of unskilled workers.

(1) For unskilled workers, sickness and unemployment benefits should be at least 40 percent of the previous net earnings of the insured person if he has no maintenance obligation, and at least 60 percent of this earnings if he is a dependent wife or because of his children has employed housekeeper. An allowance of 10 per cent of his previous earnings should be granted for the first and second dependent child, minus any family allowances that may be payable for those children.

(2) For employees with high earnings, the above-mentioned hundreds of previous earnings can be reduced somewhat.

(3) Maternity allowance should in any case be sufficient for the full maintenance of mother and child under healthy conditions. It should be at least 100 percent of the normal net earnings of unskilled workers or at least 75 percent of the previous net earnings of the recipient of the service, whichever of these two amounts is the higher. However, the benefit can be reduced by the amount of any family allowance that may be payable for the child.

(4) The basic benefits in the event of invalidity and old age should be at least 30 percent of the customary, generally recognized wage for unskilled male workers in the recipient's area of ​​residence, if the recipient does not have to fulfill any maintenance obligation, or at least 45 percent of this wage, if he has a dependent wife who would be entitled to a widow's pension or a housekeeper employed because of his children. An allowance of 10 per cent of this wage should be given for the first and second dependent children, less any family allowances that may be payable for those children.

(5) The basic benefit for widows should be at least 30 percent of the customary, generally recognized wage for unskilled male employees in the recipient's area of ​​residence. An allowance of 10 per cent of this wage should be given for the first, second and third dependent children, less any family allowances that may be payable for those children.

(6) The basic benefit for orphans should be at least 20 per cent of the customary, generally recognized minimum wage of unskilled male workers minus any family allowances to be paid for the orphan.

(7) If an additional contribution has been paid over and above the minimum contribution rate to cover the right to basic benefits in the event of disability and old age as well as to surviving dependents, a fraction of this can be paid to the insured person to increase the benefits according to sub-paragraphs (4), (5 ) and (6) can be credited.

(8) In every case in which the insured person is retired after reaching the minimum age at which an old-age pension can be claimed, the basic benefit should be increased appropriately in the event of old age.

(9) The compensation for accidents at work and occupational diseases should amount to at least two thirds of the loss of wages actually or estimated as a result of the damage.

(10) Such compensation should be given in the form of a pension, unless the competent authority considers a lump-sum settlement to be more advantageous to the recipient.

(11) Pensions for permanent incapacity for work and survivors' pensions should be continuously adapted to significant changes in the level of wages in the previous occupation of the insured person.

Conditions of Contribution

25. Entitlement to benefits, with the exception of those relating to accidents at work and occupational diseases, should be made dependent on contribution conditions which allow proof that the insured person is an employee or self-employed person according to his or her usual professional position and which allow the desirable regularity of payment to maintain the contributions; however, the insured person must not lose his entitlement to benefits because the employer has failed to collect the insured person's contributions on a regular basis.

(1) The contribution conditions for the granting of sickness benefit, maternity benefit and unemployment benefit can stipulate that the contributions have been paid for at least a quarter of a certain period of time - for example two years - before the occurrence of the covered case.

(2) The contribution conditions for granting maternity allowance can stipulate that the first contribution has to be paid at least ten months before the presumed date of confinement; However, even if the contribution conditions are not met, the minimum rate of maternity allowance should be granted for the duration of the compulsory leave of absence after childbirth if, after examining the case, the applicant's normal professional position turns out to be that of an employee.

(3) The contribution conditions for the granting of basic benefits in the event of invalidity and old age as well as to surviving dependents may stipulate that the contributions have been paid for at least two-fifths of a certain period of time - for example five years - before the occurrence of the covered case; however, it should also be possible to acquire the right to the benefit by paying contributions for at least three quarters of a certain period of time - for example ten years - or a longer period of time that has elapsed since joining the insurance.

(4) The contribution conditions for the granting of the old-age pension can stipulate that the first contribution has been paid at least five years before the benefit was claimed.

(5) The entitlement to benefits can be temporarily revoked if the insured person deliberately fails to pay contributions that he owes for the period of activity as a self-employed person, or if he fails to pay a fine imposed on him for delay in paying contributions.

(6) The insurance relationship of an insured person at the point in time at which he is entitled to a disability or old-age pension should be maintained for the duration of these benefits so that, in the event of his restoration, he is fully covered by insurance as at the beginning of the disability and so his relatives can claim survivors' pensions.

D. Distribution of effort

26. The benefits and administrative expenses should be borne jointly by the insured, employers and taxpayers under conditions which are not unreasonable for the insured, do not burden insured with negligible resources and avoid any disruption of economic production.

(1) The insured person's contribution should not exceed that fraction of his earnings on which the calculation of the benefits is based, which, based on the estimated average earnings of all persons insured against the same cases, results in a contribution amount whose presumed present value is equal to the presumed present value of the benefits on which for example, acquire entitlement (excluding compensation for accidents at work and occupational diseases).

(2) According to this principle, the contributions to be paid by the employees and the self-employed with regard to the same benefits can as a rule be based on the same fraction of the earnings of each of these two groups.

(3) Insofar as the contribution of the insured person is related to benefits that are wholly or partially independent of the amount of previous earnings, an absolute minimum rate can be set for this contribution according to the minimum rate of earnings, which is appropriate remuneration for a non-negligible Work can apply.

(4) Employers should be obliged to pay at least half of the total expenses for the benefits to which the employees are entitled, in particular through subsidies for the insurance of low-wage employees, with the exception of compensation for accidents at work and occupational diseases.

(5) The total cost of compensation for accidents at work and occupational diseases should be borne by the employer.

(6) When calculating the contributions to be paid with regard to the compensation for accidents at work and occupational diseases, the possibility of a gradation of these contributions according to the extent of the protective measures in the companies should be considered.

(7) The contribution rates of the insured and the employer should be kept as constant as possible; a compensation fund should be created for this purpose.

(8) The service expenditure that cannot be covered by contributions should be borne by the general public.

(9) As components of the expenditure that would have to be borne by the general public, can come into consideration

E. Administration

27. The administration of social security should be standardized or coordinated within the framework of a general organization of social security, and the persons liable for contributions should be represented through their associations in the bodies which decide on the guidelines of the administration or make applications and propose bills or other regulations working out.

(1) The administration of social security should be under a single agency, subject to the division of state legislative powers. This authority should liaise with the social welfare, medical care and labor market authorities in a coordinating body to deal with issues of common interest such as certification of incapacity for work or inability to find employment.

(2) The unified administration of social security should not affect the activities of separate compulsory or voluntary insurance institutions, which have the purpose of providing benefits for certain professional groups C such as miners, seafarers, civil servants, the staff of certain enterprises and members of mutual aid associations C not to be replaced, but to be added.

(3) Social security rules should be worded so that beneficiaries and contributors can easily understand their rights and obligations.

(4) When drawing up procedural rules to be followed by beneficiaries and contributors, the principle of simplicity should above all be observed.

(5) Central and regional advisory bodies should be set up in which organizations such as trade unions, employers 'associations, chambers of commerce, farmers' associations, women's associations and child protection societies are represented. These bodies would have the task of making proposals to amend the legislation and administrative methods and, more generally, of maintaining the link between the social security administration and the circles of contributors and beneficiaries.

(6) Employers and employees should be involved in administrative work in the field of compensation for accidents at work and occupational diseases; this applies in particular to the prevention of accidents and the fight against occupational diseases as well as to the graduation of the contributions according to the scope of the protective measures of the companies.

(7) Applicants should have a right of appeal in the event of disputes with the administrative authority over issues such as entitlement and extent of benefits.

(8) Appeals should preferably be lodged in special courts with judges who are well versed in social security matters and assessors who represent the applicant's group. If these are employees, the employers should also be represented.

(9) If the compulsory insurance or the contribution rate is in dispute, the employee or self-employed person should have the right to appeal, as should the employer, if the employer contribution is concerned.

(10) The uniformity of the interpretation should be guaranteed by a supreme court of appeal.

II. Social welfare

A. Child support

28. The general public should generally work with parents through general welfare institutions designed to ensure the well-being of dependent children.

(1) Public aid, in cash, in kind, or both, should be granted to enable children to grow up in healthy conditions, to support large families and to supplement social security measures for the benefit of children.

(2) If the aim is to make it easier for children to grow up under healthy conditions, the subsidies should take the form of, for example, the following benefits: free or discounted food for small children, school meals and discounted housing for families with several children.

(3) If the aim is to facilitate the maintenance of large families or to supplement the measures taken for the benefit of children by benefits in kind and by way of social insurance, family allowances should be granted.

(4) Such allowances should be granted according to a certain gradation regardless of the parents' income. According to this gradation, the allowances should make a substantial contribution to the cost of maintaining a child and take into account the additional costs involved in maintaining older children. At a minimum, they should be available to all children who are not covered by social security.

(5) If it is not possible to enforce the parents' maintenance obligations towards dependent children, the general public should assume responsibility for the maintenance of such children.

B. Maintenance of needy invalids, elderly people and widows

29. Invalid, elderly and widows who do not receive social security benefits because they or their spouses were not compulsorily insured and whose income does not exceed a certain level should receive special maintenance allowances at certain rates.

(1) Maintenance allowances should be granted among others

(2) The maintenance grants should be sufficient to ensure the full long-term maintenance of the recipient. They should be adjusted to the cost of living and can be graded according to urban and rural areas.

(3) Maintenance grants should be granted at the full rate to persons whose other income does not exceed a certain limit, otherwise at a reduced rate.

(4) The provisions of this Recommendation, which describe the cases where disability, old-age and survivor's pensions are to be granted, should, where appropriate, apply to maintenance allowances.

C. General care

30. All persons in need should be given sufficient allowances in cash or partly in cash and partly in kind, provided that these persons do not need to be placed in an institution to improve their condition.

(1) The number of cases in which the amount of the aid is determined entirely at one's own discretion should gradually be narrowed down in accordance with the improved gradation of cases of need and the establishment of cost estimates for livelihoods of shorter or longer duration.

(2) In order to achieve the most sustainable effect possible, the granting of subsidies can be made dependent on the recipient following the instructions of the medical service and the labor market administration.