1.
In the case of a periodical payment to which this Article applies, the rate of
the benefit, increased by the amount of any family allowances payable during the
contingency, shall be such as to attain, in respect of the contingency in question,
for the standard beneficiary indicated in the Schedule appended to this Part, at
least the percentage indicated therein of the total of the previous earnings of the
beneficiary or his breadwinner and of the amount of any family allowances
payable to a person protected with the same family responsibilities as the
standard beneficiary.
2.
The previous earnings of the beneficiary or his breadwinner shall be
calculated according to prescribed rules, and, where the persons protected or
their breadwinners are arranged in classes according to their earnings, their
previous earnings may be calculated from the basic earnings of the classes to
which they belonged.
3.
A maximum limit may be prescribed for the rate of the benefit or for the
earnings taken into account for the calculation of the benefit, provided that the
maximum limit is fixed in such a way that the provisions of paragraph 1 of this
Article are complied with where the previous earnings of the beneficiary or his
breadwinner are equal to or lower than the wage of a skilled manual male
employee.
4.
The previous earnings of the beneficiary or his breadwinner, the wage of
the skilled manual male employee, the benefit and any family allowances shall be
calculated on the same time basis.
5.
For the other beneficiaries, the benefit shall bear a reasonable relation to
the benefit for the standard beneficiary.
6.
For the purpose of this Article, a skilled manual male employee shall be--
(a) a fitter or turner in the manufacture of machinery other than electrical
machinery; or
(b) a person deemed typical of skilled labour selected in accordance with
the provisions of the following paragraph; or
(c) a person whose earnings are such as to be equal to or greater than the
earnings of 75 per cent. of all the persons protected, such earnings to be
determined on the basis of annual or shorter periods as may be
prescribed; or
(d) a person whose earnings are equal to 125 per cent. of the average
earnings of all the persons protected.
7.
The person deemed typical of skilled labour for the purposes of
subparagraph (b) of the preceding paragraph shall be a person employed in the
major group of economic activities with the largest number of economically active
male persons protected in the contingency in question, or of the breadwinners of
the persons protected, as the case may be, in the division comprising the largest
number of such persons or breadwinners; for this purpose, the international
standard industrial classification of all economic activities, adopted by the
Economic and Social Council of the United Nations at its Seventh Session on 27
August 1948, and reproduced in the Annex to this Convention, or such
classification as at any time amended, shall be used.
8.
Where the rate of benefit varies by region, the skilled manual male
employee may be determined for each region in accordance with paragraphs 6
and 7 of this Article.
9.
The wage of the skilled manual male employee shall be determined on the
basis of the rates of wages for normal hours of work fixed by collective
agreements, by or in pursuance of national laws or regulations, where applicable,
or by custom, including cost-of-living allowances if any; where such rates differ
by region but paragraph 8 of this Article is not applied, the median rate shall be
taken.
10.
The rates of current periodical payments in respect of old age,
employment injury (except in case of incapacity for work), invalidity and death of
breadwinner, shall be reviewed following substantial changes in the general level
of earnings where these result from substantial changes in the cost of living.
Official text
Transcription: Spot-checked
In force from 28-06-1952
Source page 20
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Section 65 of the ILO Convention of 28 June 1952 concerning Minimum Standards of Social Security/akn/un/act/treaty/1952-06-28/ilo-convention-social-security-1952
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