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C168 Employment Promotion and Protection against Unemployment Convention, 1988
</font></h3><font size=-2>
Convention concerning Employment Promotion and Protection against Unemployment
(Note: Date of coming into force: 17:10:1991.) 
<br>Convention:C168 
<br>Place:Geneva 
<br>Session of the Conference:75 
<br>Date of adoption:21:06:1988 
<br>
        <br> 
</font><p> 
<p>
The General Conference of the International Labour Organisation,<p>
<p>
Having been convened at Geneva by the Governing Body of the International 
Labour Office, and having met in its Seventy-fifth Session on 1 June 1988, and 
<p>
Emphasising the importance of work and productive employment in any society 
not only because of the resources which they create for the community, but 
also because of the income which they bring to workers, the social role which 
they confer and the feeling of self-esteem which workers derive from them, and 
<p>
Recalling the existing international standards in the field of employment and 
unemployment protection the Unemployment Provision Convention and 
Recommendation, 1934, the Unemployment (Young Persons) Recommendation, 1935, 
the Income Security Recommendation, 1944, the Social Security (Minimum 
Standards) Convention, 1952, the Employment Policy Convention and 
Recommendation, 1964, the Human Resources Development Convention and 
Recommendation, 1975, the Labour Administration Convention and Recommendation, 
1978, and the Employment Policy (Supplementary Provisions) Recommendation, 
1984, and<p>
<p>
Considering the widespread unemployment and underemployment affecting various 
countries throughout the world at all stages of development and in particular 
the problems of young people, many of whom are seeking their first employment, 
and<p>
<p>
Considering that, since the adoption of the international instruments 
concerning protection against unemployment referred to above, there have been 
important new developments in the law and practice of many Members 
necessitating the revision of existing standards, in particular the 
Unemployment Provision Convention, 1934, and the adoption of new international 
standards concerning the promotion of full, productive and freely chosen 
employment by all appropriate means, including social security, and<p>
<p>
Noting that the provisions concerning unemployment benefit in the Social 
Security (Minimum Standards) Convention, 1952, lay down a level of protection 
that has now been surpassed by most of the existing compensation schemes in 
the industrialised countries and, unlike standards concerning other benefits, 
have not been followed by higher standards, but that the standards in question 
can still constitute a target for developing countries that are in a position 
to set up an unemployment compensation scheme, and<p>
<p>
Recognising that policies leading to stable, sustained, non-inflationary 
economic growth and a flexible response to change, as well as to creation and 
promotion of all forms of productive and freely chosen employment including 
small undertakings, co-operatives, self-employment and local initiatives for 
employment, even through the re-distribution of resources currently devoted to 
the financing of purely assistance-oriented activities towards activities 
which promote employment especially vocational guidance, training and 
rehabilitation, offer the best protection against the adverse effects of 
involuntary unemployment, but that involuntary unemployment nevertheless 
exists and that it is therefore important to ensure that social security 
systems should provide employment assistance and economic support to those who 
are involuntarily unemployed, and<p>
<p>
Having decided upon the adoption of certain proposals with regard to 
employment promotion and social security which is the fifth item on the agenda 
of the session with a view, in particular, to revising the Unemployment 
Provision Convention, 1934, and<p>
<p>
Having determined that these proposals shall take the form of an international 
Convention,<p>
<p>
adopts the twenty-first day of June of the year one thousand nine hundred and 
eighty-eight, the following Convention, which may be cited as the Employment 
Promotion and Protection against Unemployment Convention, 1988:<p>
<p>
<p> 
<p>
I. General Provisions<p>
<p>
Article 1<p>
In this Convention:<p>
 (a) the term <i>  legislation  </i> includes any social security rules as well as 
laws and regulations;<p>
 (b) the term <i>  prescribed  </i> means determined by or in virtue of national 
legislation.<p>
<p>
Article 2<p>
Each Member shall take appropriate steps to co-ordinate its system of 
protection against unemployment and its employment policy. To this end, it 
shall seek to ensure that its system of protection against unemployment, and 
in particular the methods of providing unemployment benefit, contribute to the 
promotion of full, productive and freely chosen employment, and are not such 
as to discourage employers from offering and workers from seeking productive 
employment.<p>
<p>
Article 3<p>
The provisions of this Convention shall be implemented in consultation and 
co-operation with the organisations of employers and workers, in accordance 
with national practice.<p>
<p>
Article 4<p>
1. Each Member which ratifies this Convention may, by a declaration 
accompanying its ratification, exclude the provisions of Part VII from the 
obligations accepted by ratification.<p>
<p>
2. Each Member which has made a declaration under paragraph 1 above may 
withdraw it at any time by a subsequent declaration.<p>
<p>
Article 5<p>
1. Each Member may avail itself, by a declaration accompanying its 
ratification, of at most two of the temporary exceptions provided for in 
Article 10, paragraph 4, Article 11, paragraph 3, Article 15, paragraph 2, 
Article 18, paragraph 2, Article 19, paragraph 4, Article 23, paragraph 2, 
Article 24, paragraph 2, and Article 25, paragraph 2. Such a declaration shall 
state the reasons which justify these exceptions.<p>
<p>
2. Notwithstanding the provisions of paragraph 1 above, a Member, where it is 
justified by the extent of protection of its social security system, may avail 
itself, by a declaration accompanying its ratification, of the temporary 
exceptions provided for in Article 10, paragraph 4, Article 11, paragraph 3, 
Article 15, paragraph 2, Article 18, paragraph 2, Article 19, paragraph 4, 
Article 23, paragraph 2, Article 24, paragraph 2 and Article 25, paragraph 2. 
Such a declaration shall state the reasons which justify these exceptions.<p>
<p>
3. Each Member which has made a declaration under paragraph 1 or paragraph 2 
shall include in its reports on the application of this Convention submitted 
under article 22 of the Constitution of the International Labour Organisation 
a statement in respect of each exception of which it avails itself-<p>
 (a) that its reason for doing so subsists; or<p>
 (b) that it renounces its right to avail itself of the exception in question 
as from a stated date.<p>
<p>
4. Each Member which has made a declaration under paragraph 1 or paragraph 2 
shall, as appropriate to the terms of such declaration and as circumstances 
permit-<p>
 (a) cover the contingency of partial unemployment;<p>
 (b) increase the number of persons protected;<p>
 (c) increase the amount of the benefits;<p>
 (d) reduce the length of the waiting period;<p>
 (e) extend the duration of payment of benefits;<p>
 (f) adapt statutory social security schemes to the occupational circumstances 
of part-time workers;<p>
 (g) endeavour to ensure the provision of medical care to persons in receipt 
of unemployment benefit and their dependants;<p>
 (h) endeavour to guarantee that the periods during which such benefit is paid 
will be taken into account for the acquisition of the right to social security 
benefits and, where appropriate, the calculation of disability, old-age and 
survivors' benefit.<p>
<p>
Article 6<p>
1. Each Member shall ensure equality of treatment for all persons protected, 
without discrimination on the basis of race, colour, sex, religion, political 
opinion, national extraction, nationality, ethnic or social origin, disability 
or age.<p>
<p>
2. The provisions of paragraph 1 shall not prevent the adoption of special 
measures which are justified by the circumstances of identified groups under 
the schemes referred to in Article 12, paragraph 2, or are designed to meet 
the specific needs of categories of persons who have particular problems in 
the labour market, in particular disadvantaged groups, or the conclusion 
between States of bilateral or multilateral agreements relating to 
unemployment benefits on the basis of reciprocity.<p>
<p>
II. Promotion of Productive Employment<p>
<p>
Article 7<p>
Each Member shall declare as a priority objective a policy designed to promote 
full, productive and freely chosen employment by all appropriate means, 
including social security. Such means should include, inter alia, employment 
services, vocational training and vocational guidance.<p>
<p>
Article 8<p>
1. Each Member shall endeavour to establish, subject to national law and 
practice, special programmes to promote additional job opportunities and 
employment assistance and to encourage freely chosen and productive employment 
for identified categories of disadvantaged persons having or liable to have 
difficulties in finding lasting employment such as women, young workers, 
disabled persons, older workers, the long-term unemployed, migrant workers 
lawfully resident in the country and workers affected by structural change.<p>
<p>
2. Each Member shall specify, in its reports under article 22 of the 
Constitution of the International Labour Organisation, the categories of 
persons for whom it undertakes to promote employment programmes.<p>
<p>
3. Each Member shall endeavour to extend the promotion of productive 
employment progressively to a greater number of categories than the number 
initially covered.<p>
<p>
Article 9<p>
The measures envisaged in this Part shall be taken in the light of the Human 
Resources Development Convention and Recommendation, 1975, and the Employment 
Policy (supplementary Provisions) Recommendation, 1984.<p>
<p>
III. Contingencies Covered<p>
<p>
Article 10<p>
1. The contingencies covered shall include, under prescribed conditions, full 
unemployment defined as the loss of earnings due to inability to obtain 
suitable employment with due regard to the provisions of Article 21, paragraph 
2, in the case of a person capable of working, available for work and actually 
seeking work.<p>
<p>
2. Each Member shall endeavour to extend the protection of the Convention, 
under prescribed conditions, to the following contingencies -<p>
 (a) loss of earnings due to partial unemployment, defined as a temporary 
reduction in the normal or statutory hours of work; and<p>
 (b) suspension or reduction of earnings due to a temporary suspension of 
work, without any break in the employment relationship for reasons of, in 
particular, an economic, technological, structural or similar nature.<p>
<p>
3. Each Member shall in addition endeavour to provide the payment of benefits 
to part-time workers who are actually seeking full-time work. The total of 
benefits and earnings from their part-time work may be such as to maintain 
incentives to take up full-time work.<p>
<p>
4. Where a declaration made in virtue of Article 5 is in force, the 
implementation of paragraphs 2 and 3 above may be deferred.<p>
<p>
IV. Persons Protected<p>
<p>
Article 11<p>
1. The persons protected shall comprise prescribed classes of employees, 
constituting not less than 85 per cent of all employees, including public 
employees and apprentices.<p>
<p>
2. Notwithstanding the provisions of paragraph 1 above, public employees whose 
employment up to normal retiring age is guaranteed by national laws or 
regulations may be excluded from protection.<p>
<p>
3. Where a declaration made in virtue of Article 5 is in force, the persons 
protected shall comprise-<p>
 (a) prescribed classes of employees constituting not less than 50 per cent of 
all employees; or<p>
 (b) where specifically justified by the level of development, prescribed 
classes of employees constituting not less than 50 per cent of all employees 
in industrial workplaces employing 20 persons or more.<p>
<p>
V. Methods of Protection<p>
<p>
Article 12<p>
1. Unless it is otherwise provided in this Convention, each Member may 
determine the method or methods of protection by which it chooses to put into 
effect the provisions of the Convention, whether by a contributory or 
non-contributory system, or by a combination of such systems.<p>
<p>
2. Nevertheless, if the legislation of a Member protects all residents whose 
resources, during the contingency, do not exceed prescribed limits, the 
protection afforded may be limited, in the light of the resources of the 
beneficiary and his or her family, in accordance with the provisions of 
Article 16.<p>
<p>
VI. Benefit to be Provided<p>
<p>
Article 13<p>
Benefits provided in the form of periodical payments to the unemployed may be 
related to the methods of protection.<p>
<p>
Article 14<p>
In cases of full unemployment, benefits shall be provided in the form of 
periodical payments calculated in such a way as to provide the beneficiary 
with partial and transitional wage replacement and, at the same time, to avoid 
creating disincentives either to work or to employment creation.<p>
<p>
Article 15<p>
1. In cases of full unemployment and suspension of earnings due to a temporary 
suspension of work without any break in the employment relationship,  when 
this contingency is covered, benefits shall be provided in the form of 
periodical payments, calculated as follows:<p>
 (a) where these benefits are based on the contributions of or on behalf of 
the person protected or on previous earnings, they shall be fixed at not less 
than 50 per cent of previous earnings, it being permitted to fix a maximum for 
the amount of the benefit or for the earnings to be taken into account, which 
may be related, for example, to the wage of a skilled manual employee or to 
the average wage of workers in the region concerned;<p>
 (b) where such benefits are not based on contributions or previous earnings, 
they shall be fixed at not less than 50 per cent of the statutory minimum wage 
or of the wage of an ordinary labourer, or at a level which provides the 
minimum essential for basic living expenses, whichever is the highest;<p>
<p>
2. Where a declaration made in virtue of Article 5 is in force, the amount of 
the benefits shall be equal-<p>
 (a) to not less than 45 per cent of the previous earnings; or<p>
 (b) to not less than 45 per cent of the statutory minimum wage or of the wage 
of an ordinary labourer but no less than a level which provides the minimum 
essential for basic living expenses.<p>
<p>
3. If appropriate, the percentages specified in paragraphs 1 and 2 may be 
reached by comparing net periodical payments after tax and contributions with 
net earnings after tax and contributions.<p>
<p>
Article 16<p>
Notwithstanding the provisions of Article 15, the benefit provided beyond the 
initial period specified in Article 19, paragraph 2 (a),  as well as benefits 
paid by a Member in accordance with Article 12, paragraph 2, may be fixed 
after taking account of other resources, beyond a prescribed limit, available 
to the beneficiary and his or her family, in accordance with a prescribed 
scale. In any case, these benefits, in combination with any other benefits to 
which they may be entitled, shall guarantee them healthy and reasonable living 
conditions in accordance with national standards.<p>
<p>
Article 17<p>
1. Where the legislation of a Member makes the right to unemployment benefit 
conditional upon the completion of a qualifying period, this period shall not 
exceed the length deemed necessary to prevent abuse.<p>
<p>
2. Each Member shall endeavour to adapt the qualifying period to the 
occupational circumstances of seasonal workers.<p>
<p>
Article 18<p>
1. If the legislation of a Member provides that the payment of benefit in 
cases of full unemployment should begin only after the expiry of a waiting 
period, such period shall not exceed seven days.<p>
<p>
2. Where a declaration made in virtue of Article 5 is in force, the length of 
the waiting period shall not exceed ten days.<p>
<p>
3. In the case of seasonal workers the waiting period specified in paragraph 1 
above may be adapted to their occupational circumstances.<p>
<p>
Article 19<p>
1. The benefits provided in cases of full unemployment and suspension of 
earnings due to a temporary suspension of work without any break in the 
employment relationship shall be paid throughout these contingencies.<p>
<p>
2. Nevertheless, in the case of full unemployment-<p>
 (a) the initial duration of payment of the benefit provided for in Article 15 
may be limited to 26 weeks in each spell of unemployment, or to 39 weeks over 
any period of 24 months;<p>
 (b) in the event of unemployment continuing beyond this initial period of 
benefit, the duration of payment of benefit, which may be calculated in the 
light of the resources of the beneficiary and his or her family in accordance 
with the provisions of Article 16, may be limited to a prescribed period.<p>
<p>
3. If the legislation of a Member provides that the initial duration of 
payment of the benefit provided for in Article 15 shall vary with the length 
of the qualifying period, the average duration fixed for the payment of 
benefits shall be at least 26 weeks.<p>
<p>
4. Where a declaration made in virtue of Article 5 is in force, the duration 
of payment of benefit may be limited to 13 weeks over any periods of 12 months 
or to an average of 13 weeks if the legislation provides that the initial 
duration of payment shall vary with the length of the qualifying period.<p>
<p>
5. In the cases envisaged in paragraph 2 (b) above each Member shall endeavour 
to grant appropriate additional assistance to the persons concerned with a 
view to permitting them to find productive and freely chosen employment, 
having recourse in particular to the measures specified in Part II.<p>
<p>
6. The duration of payment of benefit to seasonal workers may be adapted to 
their occupational circumstances, without prejudice to the provisions of 
paragraph 2 (b) above.<p>
<p>
Article 20<p>
The benefit to which a protected person would have been entitled in the cases 
of full or partial unemployment or suspension of earnings due to a temporary 
suspension of work without any break in the employment relationship may be 
refused, withdrawn, suspended or reduced to the extent prescribed-<p>
 (a) for as long as the person concerned is absent from the territory of the 
Member;<p>
 (b) when it has been determined by the competent authority that the person 
concerned had deliberately contributed to his or her own dismissal;<p>
 (c) when it has been determined by the competent authority that the person 
concerned has left employment voluntarily without just cause;<p>
 (d) during the period of a labour dispute, when the person concerned has 
stopped work to take part in a labour dispute or when he or she is prevented 
from working as a direct result of a stoppage of work due to this labour 
dispute;<p>
 (e) when the person concerned has attempted to obtain or has obtained 
benefits fraudulently;<p>
 (f) when the person concerned has failed without just cause to use the 
facilities available for placement, vocational guidance, training, retraining 
or redeployment in suitable work;<p>
 (g) as long as the person concerned is in receipt of another income 
maintenance benefit provided for in the legislation of the Member concerned, 
except a family benefit, provided that the part of the benefit which is 
suspended does not exceed that other benefit.<p>
<p>
Article 21<p>
1. The benefit to which a protected person would have been entitled in the 
case of full unemployment may be refused, withdrawn, suspended or reduced, to 
the extent prescribed, when the person concerned refuses to accept suitable 
employment.<p>
<p>
2. In assessing the suitability of employment, account shall be taken, in 
particular, under prescribed conditions and to an appropriate extent, of the 
age of unemployed persons, their length of service in their former occupation, 
their acquired experience, the length of their period of unemployment, the 
labour market situation, the impact of the employment in question on their 
personal and family situation and whether the employment is vacant as a direct 
result of a stoppage of work due to an on-going labour dispute.<p>
<p>
Article 22<p>
When protected persons have received directly from their employer or from any 
other source under national laws or regulations or collective agreements, 
severance pay, the principal purpose of which is to contribute towards 
compensating them for the loss of earnings suffered in the event of full 
unemployment-<p>
 (a) the unemployment benefit to which the persons concerned would be entitled 
may be suspended for a period corresponding to that during which the severance 
pay compensates for the loss of earnings suffered; or<p>
 (b) the severance pay may be reduced by an amount corresponding to the value 
converted into a lump sum of the unemployment benefit to which the persons 
concerned are entitled for a period corresponding to that during which the 
severance pay compensates for the loss of earnings suffered, as each Member 
may decide.<p>
<p>
Article 23<p>
1. Each Member whose legislation provides for the right to medical care and 
makes it directly or indirectly conditional upon occupational activity shall 
endeavour to ensure, under prescribed conditions, the provision of medical 
care to persons in receipt of unemployment benefit and to their dependants.<p>
<p>
2. Where a declaration made in virtue of Article 5 is in force, the 
implementation of paragraph 1 above may be deferred.<p>
<p>
Article 24<p>
1. Each Member shall endeavour to guarantee to persons in receipt of 
unemployment benefit, under prescribed conditions, that the periods during 
which benefits are paid will be taken into consideration-<p>
 (a) for acquisition of the right to and, where appropriate, calculation of 
disability, old-age and survivors' benefit, and<p>
 (b) for acquisition of the right to medical care and sickness, maternity and 
family benefit after the end of unemployment, when the legislation of the 
Member concerned provides for such benefits and makes them directly or 
indirectly conditional upon occupational activity.<p>
<p>
2. Where a declaration made in virtue of Article 5 is in force, the 
implementation of paragraph 1 above may be deferred.<p>
<p>
Article 25<p>
1. Each Member shall ensure that statutory social security schemes which are 
based on occupational activity are adjusted to the occupational circumstances 
of part-time workers, unless their hours of work or earnings can be 
considered, under prescribed conditions, as negligible.<p>
<p>
2. Where a declaration made in virtue of Article 5 is in force, the 
implementation of paragraph 1 above may be deferred.<p>
<p>
VII. Special Provisions for New Applicants for Employment<p>
<p>
Article 26<p>
1. Members shall take account of the fact that there are many categories of 
persons seeking work who have never been, or have ceased to be, recognised as 
unemployed or have never been, or have ceased to be, covered by schemes for 
the protection of the unemployed. Consequently, at least three of the 
following ten categories of persons seeking work shall receive social 
benefits, in accordance with prescribed terms and conditions:<p>
 (a) young persons who have completed their vocational training;<p>
 (b) young persons who have completed their studies;<p>
 (c) young persons who have completed their compulsory military service;<p>
 (d) persons after a period devoted to bringing up a child or caring for 
someone who is sick, disabled or elderly;<p>
 (e) persons whose spouse had died, when they are not entitled to a survivor's 
benefit;<p>
 (f) divorced or separated persons;<p>
 (g) released prisoners;<p>
 (h) adults, including disabled persons, who have completed a period of 
training;<p>
 (i) migrant workers on return to their home country, except in so far as they 
have acquired rights under the legislation of the country where they last 
worked;<p>
 (j) previously self-employed persons.<p>
<p>
2. Each Member shall specify, in its reports under article 22 of the 
Constitution of the International Labour Organisation, the categories of 
persons listed in paragraph 1 above which it undertakes to protect.<p>
<p>
3. Each Member shall endeavour to extend protection progressively to a greater 
number of categories than the number initially protected.<p>
<p>
VIII. Legal, Administrative and Financial Guarantees<p>
<p>
Article 27<p>
1. In the event of refusal, withdrawal, suspension or reduction of benefit or 
dispute as to its amount, claimants shall have the right to present a 
complaint to the body administering the benefit scheme and to appeal 
thereafter to an independent body. They shall be informed in writing of the 
procedures available, which shall be simple and rapid.<p>
<p>
2. The appeal procedure shall enable the claimant, in accordance with national 
law and practice, to be represented or assisted by a qualified person of the 
claimant's choice or by a delegate of a representative workers' organisation 
or by a delegate of an organisation representative of protected persons.<p>
<p>
Article 28<p>
Each Member shall assume general responsibility for the sound administration 
of the institutions and services entrusted with the application of the 
Convention.<p>
<p>
Article 29<p>
1. When the administration is directly entrusted to a government department 
responsible to Parliament, representatives of the protected persons and of the 
employers shall be associated in the administration in an advisory capacity, 
under prescribed conditions.<p>
<p>
2. When the administration is not entrusted to a government department 
responsible to Parliament-<p>
 (a) representatives of the protected persons shall participate in the 
administration or be associated therewith in an advisory capacity under 
prescribed conditions;<p>
 (b) national laws or regulations may also provide for the participation of 
employers' representatives;<p>
 (c) the laws or regulations may further provide for the participation of 
representatives of the public authorities.<p>
<p>
Article 30<p>
In cases where subsidies are granted by the State or the social security 
system in order to safeguard employment, Members shall take the necessary 
steps to ensure that the payments are expended only for the intended purpose 
and to prevent fraud or abuse by those who receive such payments.<p>
<p>
Article 31<p>
This Convention revises the Unemployment Provision Convention, 1934.<p>
<p>
  
<p>
Article 32<p>
The formal ratifications of this Convention shall be communicated to the 
Director-General of the International Labour Office for registration.<p>
<p>
Article 33<p>
1. This Convention shall be binding only upon those Members of the 
International Labour Organisation whose ratifications have been registered 
with the Director-General.<p>
<p>
2. It shall come into force twelve months after the date on which the 
ratifications of two Members have been registered with the Director-General.<p>
<p>
3. Thereafter, this Convention shall come into force for any Member twelve 
months after the date on which its ratification has been registered.<p>
<p>
Article 34<p>
1. A Member which has ratified this Convention may denounce it after the 
expiration of ten years from the date on which the Convention first comes into 
force, by an act communicated to the Director-General of the International 
Labour Office for registration. Such denunciation shall not take effect until 
one year after the date on which it is registered.<p>
<p>
2. Each Member which has ratified this Convention and which does not, within 
the year following the expiration of the period of ten years mentioned in the 
preceding paragraph, exercise the right of denunciation provided for in this 
Article, will be bound for another period of ten years and, thereafter, may 
denounce this Convention at the expiration of each period of ten years under 
the terms provided for in this Article.<p>
<p>
Article 35<p>
1. The Director-General of the International Labour Office shall notify all 
Members of the International Labour Organisation of the registration of all 
ratifications and denunciations communicated to him by the Members of the 
Organisation.<p>
<p>
2. When notifying the members of the Organisation of the registration of the 
second ratification communicated to him, the Director-General shall draw the 
attention of the Members of the Organisation to the date upon which the 
Convention will come into force.<p>
<p>
Article 36<p>
The Director-General of the International Labour Office shall communicate to 
the Secretary-General of the United Nations for registration in accordance 
with Article 102 of the Charter of the United Nations full particulars of all 
ratifications and acts of denunciation registered by him in accordance with 
the provisions of the preceding Articles.<p>
<p>
Article 37<p>
At such times as it may consider necessary the Governing Body of the 
International Labour Office shall present to the General Conference a report 
on the working of this Convention and shall examine the desirability of 
placing on the agenda of the Conference the question of its revision in whole 
or in part.<p>
<p>
Article 38<p>
1. Should the Conference adopt a new Convention revising this Convention in 
whole or in part, then, unless the new Convention otherwise provides-<p>
 (a) the ratification by a Member of the new revising Convention shall  ipso 
jure involve the immediate denunciation of this Convention, notwithstanding 
the provisions of Article 34 above, if and when the new revising Convention 
shall have come into force;<p>
 (b) as from the date when the new revising Convention comes into force this 
Convention shall cease to be open to ratification by the Members.<p>
<p>
2. This Convention shall in any case remain in force in its actual form and 
content for those Members which have ratified it but have not ratified the 
revising Convention.<p>
<p>
Article 39<p>
The English and French versions of the text of this Convention are equally 
authoritative.
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