Publication: Magyar Közlöny
Issue: MK-2009-30 (Year: 2009, Number: 30)
Era: 2004-2010
Section: 
Paragraph Index: 153

3. Each Party will grant to stateless persons as defined in the Convention on the Status of Stateless Persons done in New York on 28 September 1954 and lawfully staying in its territory, treatment as favourable as possible and in any case not less favourable than under the obligations accepted by the Party under the said instrument and under any other existing international instruments applicable to those stateless persons. Part I, paragraph 18, and Part II, Article 18, paragraph 1 It is understood that these provisions are not concerned with the question of entry into the territories of the Parties and do not prejudice the provisions of the European Convention on Establishment, signed in Paris on 13 December 1955. Part II Ar tic le 1, pa rag raph 2 This provision shall not be interpreted as prohibiting or authorising any union security clause or practice. Article 2, paragraph 6 Parties may provide that this provision shall not apply: a to workers having a contract or employment relationship with a total duration not exceeding one month and/or with a working week not exceeding eight hours; b where the contract or employment relationship is of a casual and/or specific nature, provided, in these cases, that its non-application is justified by objective considerations. Article 3, paragraph 4 It is understood that for the purposes of this provision the functions, organisation and conditions of operation of these services shall be determined by national laws or regulations, collective agreements or other means appropriate to national conditions. Article 4, paragraph 4 This provision shall be so understood as not to prohibit immediate dismissal for any serious offence. Article 4, paragraph 5 It is understood that a Party may give the undertaking required in this paragraph if the great majority of workers are not permitted to suffer dedutions from wages either by law or through collective agreements or arbitration awards, the exceptions being those persons not so covered. 2009/30. szám Article 6, paragraph 4 It is understood that each Party may, insofar as it is concerned, regulate the exercise of the right to strike by law, provided that any further restriction that this might place on the right can be justified under the terms of Article G. Article 7, paragraph 2 This provision does not prevent Parties from providing in their legislation that young persons not having reached the minimum age laid down may perform work in so far as it is absolutely necessary for their vocational training where such work is carried out in accordance with conditions prescribed by the competent authority and measures are taken to protect the health and safety of these young persons. Article 7, paragraph 8 It is understood that a Party may give the undertaking required in this paragraph if it fulfils the spirit of the undertaking by providing by law that the great majority of persons under eighteen years of age shall not be employed in night work. Article 8, paragraph 2 This provision shall not be interpreted as laying down an absolute prohibition. Exceptions could be made, for instance, in the following cases: a if an employed woman has been guilty of misconduct which justifies breaking off the employment relationship; b if the undertaking concerned ceases to operate; c if the period prescribed in the employment contract has expired. Article 12, paragraph 4 The words „and subject to the conditions laid down in such agreements” in the introduction to this paragraph are taken to imply inter alia that with regard to benefits which are available independently of any insurance contribution, a Party may require the completion of a prescribed period of residence before granting such benefits to nationals of other Parties. Article 13, paragraph 4 Governments not Parties to the European Convention on Social and Medical Assistance may ratify the Charter in respect of this paragraph provided that they grant to nationals of other Parties a treatment which is in conformity with the provisions of the said convention. Article 16 It is understood that the protection afforded in this provision covers single-parent families. Article 17 It is understood that this provision covers all persons below the age of 18 years, unless under the law applicable to the child majority is attained earlier, without prejudice to the other specific provisions provided by the Charter, particularly Article 7. This does not imply an obligation to provide compulsory education up to the above-mentioned age. Article 19, paragraph 6 For the purpose of applying this provision, the term „family of a foreign worker” is understood to mean at least the worker’s spouse and unmarried children, as long as the latter are considered to be minors by the receiving State and are dependent on the migrant worker. Article 20

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