prop · GL0382 · 1998-01-01 00:00:00 — 2 to promote, where necessary and appropriate, machinery for voluntary negotiations between employers or employers organisations and workers organisations, with a view to the regulation of terms and conditions of employment by means of collective agreements; 3 to promote the and use of appropriate machinery for conciliation and voluntary arbitration for the settlement of labour disputes; 4 the right of workers and employers to collective action in cases of conflicts of interest, including the right to strike, subject to obligations that might arise out of collective agreements previously entered into. Article 7 The right of children and young persons to protection With a view to ensuring the effective exercise of the right of children and young persons to protection, the Parties undertake: 1 to provide that the minimum age of admission to employment shall be 15 years, subject to exceptions for children employed in prescribed light work without harm to their health, morals or education; 2 to provide that the minimum age of admission to employment shall be 18 years with respect to prescribed occupations regarded as dangerous or unhealthy; 3 to provide that persons who are still subject to compulsory education shall not be employed in such work as would deprive them of the full benefit of their education; 4 to provide that the working hours of persons under 18 years of age shall be limited in accordance with the needs of their development, and particularly with their need for vocational training; 5 to recognise the right of young workers and apprentices to a fair wage or other appropriate allowances; 6 to provide that the time spent by young persons in vocational training during the normal working hours with the consent of the employer shall be treated as forming part of the working day; 7 to provide that employed persons of under 18 years of age shall be entitled to a minimum of four weeks annual holiday with pay; 8 to provide that persons under 18 years of age shall not be employed in night work with the exception of certain occupations provided for by national laws or regulations; 9 to provide that persons under 18 years of age employed in occupations prescribed by national laws or regulations shall be subject to regular control; 10 to ensure special protection against physical and moral dangers to which children and young persons are exposed, and particularly against those resulting directly or indirectly from their work. Article 8 The right of employed women to protection of maternity With a view to ensuring the effective exercise of the right of employed women to the protection of maternity, the Parties undertake: 1 to provide either by paid leave, by adequate social security benefits or by benefits from public funds for employed women to take leave before and after childbirth up to a total of at least fourteen weeks; 2 to consider it as unlawful for an employer to give a woman notice of dismissal during the period from the time she notifies her employer that she is pregnant until the end of her maternity leave, or to give her notice of dismissal at such a time that the notice would expire during such a period; 3 to provide that mothers who are nursing their infants shall be entitled to sufficient time off for this purpose; 4 to regulate the employment in night work of pregnant women, women who have recently given birth and women nursing their infants; 5 to prohibit the employment of pregnant women, women who have recently given birth or who are nursing their infants in underground mining and all other work which is unsuitable by reason of its dangerous, unhealthy or arduous nature and to take appropriate measures to protect the employment rights of these women. Article 9 The right to vocational guidance With a view to ensuring the effective exercise of the right to vocational guidance, the Parties undertake to provide or promote, as necessary, a service which will assist all persons, including the handicapped, to solve problems related to occupational choice and progress, with due regard to the individual s characteristics and their relation to occupational opportunity: this assistance should be available free of charge, both to young persons, including schoolchildren, and to adults. Article 10 The right to vocational training With a view to ensuring the effective exercise of the right to vocational training, the Parties undertake: 1 to provide or promote, as necessary, the technical and vocational training of all persons, including the handicapped, in consultation with employers and workers organisations, and to grant facilities for access to higher technical and university education, based solely on individual aptitude; 2 to provide or promote a system of apprenticeship and other systematic arrangements for training young boys and girls in their various employments; 3 to provide or promote, as necessary: a adequate and readily available training facilities for adult workers; b special facilities for the retraining of adult workers needed as a result of technological development or new trends in employment; 4 to provide or promote, as necessary, special measures for the retraining and reintegration of the longterm unemployed; 5 to encourage the full utilisation of the facilities provided by appropriate measures such as: a reducing or abolishing any fees or charges; b granting financial assistance in appropriate cases; c including in the normal working hours time spent on supplementary training taken by the worker, at the request of his employer, during employment; d ensuring, through adequate supervision, in consultation with the employers and workers organisations, the efficiency of apprenticeship and other training arrangements for young workers, and the adequate protection of young workers generally. Article 11 The right to protection of health With a view to ensuring the effective exercise of the right to protection of health, the Parties undertake, either directly or in cooperation with public or private organisations, to take appropriate measures designed inter alia: 1 to remove as far as possible the causes of illhealth; 2 to provide advisory and educational facilities for the promotion of health and the encouragement of individual responsibility in matters of health; 3 to prevent as far as possible epidemic, endemic and other diseases, as well as accidents. Article 12 The right to social security With a view to ensuring the effective exercise of the right to social security, the Parties undertake: 1 to establish or maintain a system of social security; 2 to maintain the social security system at a satisfactory level at least equal to that necessary for the ratification of Code of ; 3 to endeavour to raise progressively the system of social security to a higher level; 4 to take steps, by the conclusion of appropriate bilateral and multilateral agreements or by other means, and subject to the conditions laid down in such agreements, in order to ensure: a equal treatment with their own nationals of the nationals of other Parties in respect of social security rights, including the retention of benefits arising out of social security legislation, whatever movements the persons protected may undertake between the territories of the Parties; b the granting, maintenance and resumption of social security rights by such means as the accumulation of insurance or employment periods completed under the legislation of each of the Parties. Article 13 The right to social and assistance With a view to ensuring the effective exercise of the right to social and assistance, the Parties undertake: 1 to ensure that any person who is without adequate resources and who is unable to secure such resources either by his own efforts or from other sources, in particular by benefits under a social security scheme, be granted adequate assistance, and, in case of sickness, the care necessitated by his condition; 2 to ensure that persons receiving such assistance shall not, for that reason, suffer from a diminution of their political or social rights; 3 to provide that everyone may receive by appropriate public or private services such advice and personal help as may be required to prevent, to remove, or to alleviate personal or family want; 4 to apply the provisions referred to in paragraphs 1, 2 and 3 of this article on an equal footing with their nationals to nationals of other Parties lawfully within their territories, in accordance with their obligations under Convention on Social and Assistance, signed at on . Article 14 The right to benefit from social welfare services With a view to ensuring the effective exercise of the right to benefit from social welfare services, the Parties undertake: 1 to promote or provide services which, by using methods of social work, would contribute to the welfare and development of both individuals and groups in the community, and to their adjustment to the social environment; 2 to encourage the participation of individuals and voluntary or other organisations in the and maintenance of such services. Article 15 The right of persons with disabilities to independence, social integration and participation in the life of the community With a view to ensuring to persons with disabilities, irrespective of age and the nature and origin of their disabilities, the effective exercise of the right to independence, social integration and participation in the life of the community, the Parties undertake, in particular: 1 to take the necessary measures to provide persons with disabilities with guidance, education and vocational training in the framework of general schemes wherever possible or, where this is not possible, through specialised bodies, public or private; 2 to promote their access to employment through all measures tending to encourage employers to hire and keep in employment persons with disabilities in the ordinary working environment and to adjust the working conditions to the needs of the disabled or, where this is not possible by reason of the disability, by arranging for or creating sheltered employment according to the level of disability. In certain cases, such measures may require recourse to specialised placement and support services; 3 to promote their full social integration and participation in the life of the community in particular through measures, including technical aids, aiming to overcome barriers to communication and mobility and enabling access to transport, housing, cultural activities and leisure. Article 16 The right of the family to social, legal and economic protection With a view to ensuring the necessary conditions for the full development of the family, which is a fundamental unit of society, the Parties undertake to promote the economic, legal and social protection of family life by such means as social and family benefits, fiscal arrangements, provision of family housing, benefits for the newly married and other appropriate means. Article 17 The right of children and young persons to social, legal and economic protection With a view to ensuring the effective exercise of the right of children and young persons to grow up in an environment which encourages the full development of their personality and of their physical and mental capacities, the Parties undertake, either directly or in cooperation with public and private organisations, to take all appropriate and necessary measures designed: 1 a to ensure that children and young persons, taking account of the rights and duties of their parents, have the care, the assistance, the education and the training they need, in particular by providing for the or maintenance of institutions and services sufficient and adequate for this purpose; b to protect children and young persons against negligence, violence or exploitation; c to provide protection and special aid from the state for children and young persons temporarily or definitively deprived of their family s support; 2 to provide to children and young persons a free primary and secondary education as well as to encourage regular attendance at schools. Article 18 The right to engage in a gainful occupation in the territory of other Parties With a view to ensuring the effective exercise of the right to engage in a gainful occupation in the territory of any other Party, the Parties undertake: 1 to apply existing regulations in a spirit of liberality; 2 to simplify existing formalities and to reduce or abolish chancery dues and other charges payable by foreign workers or their employers; 3 to liberalise, individually or collectively, regulations governing the employment of foreign workers; 4 the right of their nationals to leave the country to engage in a gainful occupation in the territories of the other Parties. Article 19 The right of migrant workers and their families to protection and assistance With a view to ensuring the effective exercise of the right of migrant workers and their families to protection and assistance in the territory of any other Party, the Parties undertake: 1 to maintain or to satisfy themselves that there are maintained adequate and free services to assist such workers, particularly in obtaining accurate information, and to take all appropriate steps, so far as national laws and regulations permit, against misleading propaganda relating to emigration and immigration; 2 to adopt appropriate measures within their own jurisdiction to facilitate the departure, journey and reception of such workers and their families, and to provide, within their own jurisdiction, appropriate services for health, attention and good hygienic conditions during the journey; 3 to promote cooperation, as appropriate, between social services, public and private, in emigration and immigration countries; 4 to secure for such workers lawfully within their territories, insofar as such matters are regulated by law or regulations or are subject to the control of administrative authorities, treatment not less favourable than that of their own nationals in respect of the following matters: a remuneration and other employment and working conditions; b membership of trade unions and enjoyment of the benefits of collective bargaining; 5 to secure for such workers lawfully within their territories treatment not less favourable than that of their own nationals with regard to employment taxes, dues or contributions payable in respect of employed persons; 6 to facilitate as far as possible the of the family of a foreign worker permitted to establish himself in the territory; 7 to secure for such workers lawfully within their territories treatment not less favourable than that of their own nationals in respect of legal proceedings relating to matters referred to in this article; 8 to secure that such workers lawfully residing within their territories are not expelled unless they endanger national security or offend against public interest or morality; 9 to permit, within legal limits, the transfer of such parts of the earnings and savings of such workers as they may ; 10 to extend the protection and assistance provided for in this article to selfemployed migrants insofar as such measures apply; 11 to promote and facilitate the teaching of the national language of the receiving state or, if there are several, one of these languages, to migrant workers and members of their families; 12 to promote and facilitate, as far as practicable, the teaching of the migrant worker s mother tongue to the children of the migrant worker. Article 20 The right to equal opportunities and equal treatment in matters of employment and occupation without discrimination on the grounds of sex With a view to ensuring the effective exercise of the right to equal opportunities and equal treatment in matters of employment and occupation without discrimination on the grounds of sex, the Parties undertake to recognise that right and to take appropriate measures to ensure or promote its application in the following fields: a access to employment, protection against dismissal and occupational reintegration; b vocational guidance, training, retraining and rehabilitation; c terms of employment and working conditions, including remuneration; d career development, including promotion. Article 21 The right to information and consultation With a view to ensuring the effective exercise of the right of workers to be informed and consulted within the undertaking, the Parties undertake to adopt or encourage measures enabling workers or their representatives, in accordance with national legislation and practice: a to be informed regularly or at the appropriate time and in a comprehensible way about the economic and financial situation of the undertaking employing them, on the understanding that the disclosure of certain information which could be prejudicial to the undertaking may be refused or subject to confidentiality; and b to be consulted in good time on proposed decisions which could substantially affect the interests of workers, particularly on those decisions which could have an important impact on the employment situation in the undertaking. Article 22 The right to take part in the determination and improvement of the working conditions and working environment With a view to ensuring the effective exercise of the right of workers to take part in the determination and improvement of the working conditions and working environment in the undertaking, the Parties undertake to adopt or encourage measures enabling workers or their representatives, in accordance with national legislation and practice, to contribute: a to the determination and the improvement of the working conditions, work organisation and working environment; b to the protection of health and safety within the undertaking; c to the organisation of social and sociocultural services and facilities within the undertaking; d to the supervision of the observance of regulations on these matters. Article 23 The right of elderly persons to social protection With a view to ensuring the effective exercise of the right of elderly persons to social protection, the Parties undertake to adopt or encourage, either directly or in cooperation with public or private organisations, appropriate measures designed in particular: to enable elderly persons to remain full members of society for as long as possible, by means of: a adequate resources enabling them to lead a decent life and play an part in public, social and cultural life; b provision of information about services and facilities available for elderly persons and their opportunities to make use of them; to enable elderly persons to choose their lifestyle freely and to lead independent lives in their familiar surroundings for as long as they wish and are able, by means of: a provision of housing suited to their needs and their state of health or of adequate support for adapting their housing; b the health care and the services necessitated by their state; to guarantee elderly persons living in institutions appropriate support, while respecting their privacy, and participation in decisions concerning living conditions in the institution. Article 24 The right to protection in cases of termination of employment With a view to ensuring the effective exercise of the right of workers to protection in cases of termination of employment, the Parties undertake to recognise: a the right of all workers not to have their employment terminated without valid reasons for such termination connected with their capacity or conduct or based on the operational requirements of the undertaking, or service; b the right of workers whose employment is terminated without a valid reason to adequate compensation or other appropriate relief. To this end the Parties undertake to ensure that a worker who considers that his employment has been terminated without a valid reason shall have the right to appeal to an impartial body. Article 25 The right of workers to the protection of their claims in the event of the insolvency of their employer With a view to ensuring the effective exercise of the right of workers to the protection of their claims in the event of the insolvency of their employer, the Parties undertake to provide that workers claims arising from contracts of employment or employment relationships be guaranteed by a guarantee institution or by any other effective form of protection. Article 26 The right to dignity at work With a view to ensuring the effective exercise of the right of all workers to protection of their dignity at work, the Parties undertake, in consultation with employers and workers organisations: 1 to promote awareness, information and prevention of sexual harassment in the workplace or in relation to work and to take all appropriate measures to protect workers from such conduct; 2 to promote awareness, information and prevention of recurrent reprehensible or distinctly negative and offensive actions directed against individual workers in the workplace or in relation to work and to take all appropriate measures to protect workers from such conduct. Article 27 The right of workers with family responsibilities to equal opportunities and equal treatment With a view to ensuring the exercise of the right to equality of opportunity and treatment for men and women workers with family responsibilities and between such workers and other workers, the Parties undertake: 1 to take appropriate measures: a to enable workers with family responsibilities to enter and remain in employment, as well as to reenter employment after an absence due to those responsibilities, including measures in the field of vocational guidance and training; b to take account of their needs in terms of conditions of employment and social security; c to develop or promote services, public or private, in particular child daycare services and other childcare arrangements; 2 to provide a possibility for either parent to obtain, during a period after maternity leave, parental leave to take care of a child, the duration and conditions of which should be determined by national legislation, collective agreements or practice; 3 to ensure that family responsibilities shall not, as such, constitute a valid reason for termination of employment. Article 28 The right of workers representatives to protection in the undertaking and facilities to be accorded to them With a view to ensuring the effective exercise of the right of workers representatives to carry out their functions, the Parties undertake to ensure that in the undertaking: a they enjoy effective protection against acts prejudicial to them, including dismissal, based on their status or activities as workers representatives within the undertaking; b they are afforded such facilities as may be appropriate in order to enable them to carry out their functions promptly and efficiently, account being taken of the industrial relations system of the country and the needs, size and capabilities of the undertaking concerned. Article 29 The right to information and consultation in collective redundancy procedures With a view to ensuring the effective exercise of the right of workers to be informed and consulted in situations of collective redundancies, the Parties undertake to ensure that employers shall inform and consult workers representatives, in good time prior to such collective redundancies, on ways and means of avoiding collective redundancies or limiting their occurrence and mitigating their consequences, for example by recourse to accompanying social measures aimed, in particular, at aid for the redeployment or retraining of the workers concerned. Article 30 The right to protection against poverty and social exclusion With a view to ensuring the effective exercise of the right to protection against poverty and social exclusion, the Parties undertake: