صَدَقَةٍ جَارِيَةٍ عَلَى رَوْحٌ وَالِدِيَّ رَحِمَهُمَا اللَّهُ وَغَفَرَ لَهُمَا كَمَا رَبَّيَانِي صَغِيرًا وَقْفِيَّة عِلْمِيَّة مُدَوَّنَةٌ قَانُونِيَّةٌ مِصْرِيّة تُبْرِزُ الْإِعْجَازَ التَشْرِيعي لِلشَّرِيعَةِ الْإِسْلَامِيَّةِ وروائعِ الْفِقْهِ الْإِسْلَامِيِّ، مِنْ خِلَالِ مَقَاصِد الشَّرِيعَةِ . عَامِلِةَ عَلَى إِثرَاءٌ الْفِكْرِ القَانُونِيِّ لَدَى الْقُضَاة. إنْ لم يكن للهِ فعلك خالصًا فكلّ بناءٍ قد بنيْتَ خراب ﴿وَلَقَدۡ وَصَّلۡنَا لَهُمُ ٱلۡقَوۡلَ لَعَلَّهُمۡ يَتَذَكَّرُونَ﴾ القصص: 51
الصفحات
- أحكام النقض الجنائي المصرية
- أحكام النقض المدني المصرية
- فهرس الجنائي
- فهرس المدني
- فهرس الأسرة
- الجريدة الرسمية
- الوقائع المصرية
- C V
- اَلْجَامِعَ لِمُصْطَلَحَاتِ اَلْفِقْهِ وَالشَّرَائِعِ
- فتاوى مجلس الدولة
- أحكام المحكمة الإدارية العليا المصرية
- القاموس القانوني عربي أنجليزي
- أحكام الدستورية العليا المصرية
- كتب قانونية مهمة للتحميل
- المجمعات
- مُطَوَّل اَلْجُمَلِ فِي شَرْحِ اَلْقَانُونِ اَلْمَدَنِيِّ
- تسبيب الأحكام الجنائية
- الكتب الدورية للنيابة
- وَسِيطُ اَلْجُمَلِ فِي اَلتَّعْلِيقِ عَلَى قَانُونِ اَلْعَمَلِ 12 لسنة 2003
- قوانين الامارات
- مُطَوَّل اَلْجُمَلِ فِي اَلتَّعْلِيقِ عَلَى قَانُونِ اَلْمُرَافَعَاتِ
- اَلْمُذَكِّرَة اَلْإِيضَاحِيَّةِ لِمَشْرُوعِ اَلْقَانُونِ اَلْمَدَنِيِّ اَلْمِصْرِيِّ 1948
- مُطَوَّل اَلْجُمَلِ فِي اَلتَّعْلِيقِ عَلَى قَانُونِ اَلْعُقُوبَاتِ
- محيط الشرائع - 1856 - 1952 - الدكتور أنطون صفير
- فهرس مجلس الدولة
- المجلة وشرحها لعلي حيدر
- نقض الامارات
- اَلْأَعْمَال اَلتَّحْضِيرِيَّةِ لِلْقَانُونِ اَلْمَدَنِيِّ اَلْمِصْرِيِّ
- الصكوك الدولية لحقوق الإنسان والأشخاص الأولى بالرعاية
البحث الذكي داخل المدونة
الخميس، 22 مايو 2025
التوصية رقم 29: توصية منظمة العمل الدولية بشأن التأمين الصحي، 1927.
R029 - Sickness Insurance Recommendation, 1927
Adoption: Geneva, 10th ILC session (15 Jun 1927)
Preamble
The General Conference of the International Labour Organisation,
Having been convened at Geneva by the Governing Body of the International Labour Office, and having met in its Tenth Session on 25 May 1927, and
Having decided upon the adoption of certain proposals with regard to the principles of sickness insurance, the first item on the agenda of the Session, and
Having determined that these proposals should take the form of a Recommendation,
adopts this fifteenth day of June of the year one thousand nine hundred twenty-seven, the following Recommendation, which may be cited as the Sickness Insurance Recommendation, 1927, to be submitted to the Members of the International Labour Organisation for consideration with a view to effect being given to it by national legislation or otherwise, in accordance with the provisions of the Constitution of the International Labour Organisation:
Whereas the maintenance of a healthy and vigorous labour supply is of capital importance not only for the workers themselves, but also for communities which desire to develop their productive capacity; and
Whereas its development is only attainable by constantly and systematically applying provident measures to obviate or make good any loss of the workers' productive efficiency; and
Whereas the best provident measure for these purposes is to establish a system of social insurance which confers clearly defined rights on the persons to whom it applies;
Therefore the General Conference of the International Labour Organisation,
Having adopted Conventions concerning, of the one part, sickness insurance for workers in industry and commerce and domestic servants, and, of the other part, sickness insurance for agricultural workers, which lay down minimum conditions which must be complied with from the beginning by every system of sickness insurance, and
Considering that, in order to put the experience already gained at the disposal of the Members with a view to assisting them in the institution or completion of their sickness insurance services, it is desirable to indicate a number of the general principles which practice shows to be the best calculated to promote a just, effective and appropriate organisation of sickness insurance,
Recommends that each Member should take the following principles and rules into consideration:
I. Scope of Application
1. Sickness insurance should include within its scope, without discrimination as to age or sex, every person who performs work by way of his occupation and under a contract of service or apprenticeship. 2. If, however, it is considered desirable to fix age-limits by reason of the fact that workers above or below such limits are already protected by law or otherwise, such limits should not apply to young persons who cannot normally be considered as dependent upon their family or to workers who have not reached the old-age pension age; and
if exceptions are made in respect of workers whose earnings or income exceed a specified amount, such exceptions should only apply to workers whose earnings or income are such that they may reasonably be expected to make their own provision for sickness.
II. Benefits
A. Cash Benefits
3. In order to secure that an insured person who is rendered incapable of work by sickness may recover his health as early as possible, the cash benefit representing compensation for lost wages should be adequate.
For this purpose the statutory scale of benefit should ordinarily be fixed in relation to the normal wage which is taken into account for the purposes of compulsory insurance, and should be a substantial proportion of such wage, regard being had to family responsibilities; but in countries where the workers have adequate facilities, of which they are accustomed to take advantage to procure for themselves additional benefit by other means, a uniform scale of benefit may be appropriate.
4. The statutory benefit should be paid for at least the first twenty-six weeks of incapacity as from and including the first day for which benefit is payable; nevertheless, the period for which benefit is payable should be increased to one year in cases of serious and chronic illness and for insured persons who will not receive any invalidity benefit on the expiry of their right to sickness benefit. - 5. An insurance institution which can show that it is in a sound financial position should be authorised--
- (a) to increase the statutory scale of benefit up to specified amounts either for all insured persons or for certain groups of the same, in particular insured persons with family responsibilities;
- (b) to prolong the statutory period during which benefit is payable.
6. In countries where burial expenses are not, customarily or by law, covered by some other insurance, sickness insurance institutions should, on the death of an insured person, pay a benefit in respect of the cost of decent burial; they should also be empowered to pay such a benefit in respect of the burial expenses of the insured person's dependants.
B. Benefits in Kind
7. Treatment by a fully qualified doctor and the supply of proper and sufficient medicines and appliances should be granted to an insured person from the beginning of his illness and for so long as the state of his health requires it; the insured person should be entitled to these benefits free of charge from the beginning of his illness and at least until the expiry of the period prescribed for the grant of sickness benefit. 8. In addition to treatment by a fully qualified doctor and the supply of proper and sufficient medicines and appliances, there should be available for the insured person, as and when local and financial conditions admit, facilities for specialist services, as well as dental treatment, and for treatment in hospital, where his family circumstances necessitate it or his illness requires a mode of treatment which can only be given in hospital. 9. While an insured person is maintained in hospital, the insurance institution should pay to his dependants the whole or a part of the sickness benefit which would have been payable to him had he not been so maintained. 10. With a view to ensuring good conditions for the maintenance in health of the insured person and his family, members of the insured person's family living in his home and dependent upon him should be furnished with medical benefit, as and when it may be possible and practicable to do so. 11. Insurance institutions should be empowered to avail themselves, on equitable conditions, of the services of such doctors as they need.
In urban centres, and within specified geographical limits, an insured person should be entitled to choose a doctor from among those at the disposal of the insurance institution, unless this would involve considerable extra expense to the institution.
C. Sickness Prevention
12. As most diseases can be prevented, an alert policy of prevention is calculated to avert loss of productive efficiency, to render available for other purposes the financial resources which are absorbed by avoidable illness, and to promote the material, intellectual and moral well-being of the community.
Sickness insurance should assist in inculcating the practice of the rules of hygiene among the workers. It should give preventive treatment and grant the same to as large a number of individuals as possible as soon as the premonitory symptoms of disease appear. It should be capable of contributing towards the prevention of the spread of disease and the improvement of the national health, in pursuance of a general policy co-ordinating all the various activities towards these ends.
III. Organisation of Insurance
13. Insurance institutions should be administered, under the supervision of the competent public authority in accordance with the principles of self-government, and shall not be carried on for profit. The insured persons being those who are the most directly interested in the working of the insurance scheme should, through elected representatives, have an important part in the management of the insurance system. 14. A good organisation of medical benefit and, in particular, the efficient provision and utilisation of medical equipment embodying the results of scientific progress can be most easily secured--except in certain special circumstances--by concentrating action on a territorial basis.
IV. Financial Resources
15. The financial resources for the insurance scheme should be provided by contributions from the insured persons and contributions from employers. The provision thus jointly made can be supplemented to advantage by contributions from public funds, especially for the purpose of improving the health of the people.
With a view to securing the stability of the insurance system, reserve funds, appropriate to the peculiar circumstances of the system, should be constituted.
V. Settlement of Disputes
16. With a view to their being settled rapidly and inexpensively, disputes as to benefits between insured persons and insurance institutions should be referred to special tribunals, the members of which include judges or assessors who are specially cognisant of the purposes of insurance and the needs of insured persons.
VI. Exception for Sparsely Populated Territories
- 17. States which, by reason of the small density of their population or of the inadequacy of the means of communication, cannot organise sickness insurance in certain parts of their territory should--
- (a) establish in such parts of their territory a sanitary service adequate to the local conditions;
- (b) examine periodically whether the conditions required for the introduction of compulsory sickness insurance in the parts of their territory previously excepted from the compulsory scheme are fulfilled.
VII. Seamen and Sea Fishermen
التوصية رقم 28: توصية منظمة العمل الدولية بشأن التفتيش على ظروف عمل البحارة، 1926.
R028 - Labour Inspection (Seamen) Recommendation, 1926
Adoption: Geneva, 9th ILC session (22 Jun 1926)
[Withdrawn instrument - By decision of the International Labour Conference at its 111th Session (2023)]
Preamble
The General Conference of the International Labour Organisation,
Having been convened at Geneva by the Governing Body of the International Labour Office, and having met in its Ninth Session on 7 June 1926, and
Having decided upon the adoption of certain proposals with regard to the general principles for the inspection of the conditions of work of seamen, the question forming the second item on the agenda of the Session, and
Having determined that these proposals should take the form of a Recommendation,
adopts this twenty-second day of June of the year one thousand nine hundred twenty-six, the following Recommendation, which may be cited as the Labour Inspection (Seamen) Recommendation, 1926, to be submitted to the Members of the International Labour Organisation for consideration with a view to effect being given to it by national legislation or otherwise, in accordance with the provisions of the Constitution of the International Labour Organisation:
Whereas among the methods and principles of special and urgent importance for the physical, moral and intellectual welfare of the workers, the Constitution of the International Labour Organisation makes it a duty of the International Labour Organisation to devote special attention to the inspection of conditions of work in order to ensure the enforcement of the laws and regulations for the protection of the workers;
Whereas the International Labour Conference at its Fifth Session (October 1923) adopted a Recommendation concerning the general principles for the organisation of systems of inspection to secure the enforcement of the laws and regulations for the protection of the workers;
Whereas that Recommendation is based essentially on the experience gained in the inspection of industrial establishments and it would be particularly difficult to apply or even to adapt it to the work of seamen, the nature and conditions of which are essentially different from those of work in a factory;
Whereas the inspection of the conditions under which seamen work will increase in importance in proportion as legislation for the protection of seamen is developed in the different countries and as further conventions concerning the working conditions of seamen are adopted by the Conference;
Whereas for the foregoing reasons it is desirable, in order to place the experience already gained at the disposal of the Members with a view to assisting them in the institution or reorganisation of their systems of inspection of the conditions under which seamen work, to indicate the general principles which practice shows to be best calculated to ensure the enforcement of measures for the protection of seamen;
The General Conference therefore recommends that each Member of the Organisation should take the following principles into consideration:
I. Scope of Inspection
1. That the principal duty of the authority or authorities responsible in each country for the inspection of the conditions under which seamen work should be to secure the enforcement of all laws and regulations dealing with such conditions and the protection of seamen in the exercise of their profession; - 2. That, in so far as it may be considered desirable and possible, by reason of the experience they gain in carrying out their principal duties, to entrust the inspecting authorities with other secondary duties of a social nature which may vary according to the conceptions, customs, or traditions prevailing in the different countries, such duties may be assigned to them in addition to their principal duties on condition that--
- (a) they do not in any way interfere with the performance of the inspectors' principal duties;
- (b) they do not in any way prejudice the authority and impartiality which are necessary to inspectors in their relations with shipowners and seamen.
II. Organisation of Inspection
The Conference recommends:
3. That, wherever it is compatible with administrative practice and in order to secure the greatest possible uniformity in the enforcement of the laws and regulations relating to the conditions under which seamen work, the different services or bodies responsible for supervising the enforcement of such laws and regulations should be centralised under a single authority; 4. That, if existing administrative practice will not admit of such centralisation of supervision, the different services or authorities whose functions are wholly or partly concerned with the protection of seamen should be enabled to benefit by one another's experience and to regulate their methods of work according to such common principles as may be considered the most effective; 5. That for this purpose close liaison and constant collaboration should be established between these different services or authorities, so far as is compatible with administrative practice and by the means considered the most suitable in each country (exchange of reports and information, periodical conferences, etc.); and 6. That the different services or authorities responsible for supervising the conditions under which seamen work should keep in touch with the authorities responsible for factory inspection, in matters of mutual concern.
III. Reports of the Inspection Authorities
The Conference recommends:
7. That an annual general report on the supervision of the conditions under which seamen work should be published by the central authority or by the collaboration of the different authorities responsible for carrying out such supervision; 8. That this annual report should contain a list of the national laws and regulations affecting the conditions under which seamen work and their supervision, together with any amendments thereto, which have come into operation during the year; - 9. That it should also contain statistical tables with the necessary comments on the organisation and work of inspection and giving information, as far as may be possible and compatible with national administrative practice, on the following points:
- (a) the number of vessels in commission subject to the various forms of inspection, the vessels being classified according to type (mechanically propelled vessels and sailing vessels) and each category being subdivided according to the purpose for which these vessels are used;
- (b) the number of seamen actually engaged on board the vessels of each class; (c) the number of vessels visited by the inspectors with an indication of the strength of the crews;
- (d) the number and nature of breaches of the law or regulations ascertained by the inspectors and of the penalties imposed;
- (e) the number, nature, and causes of accidents occuring to seamen during their work;
- (f) the means adopted for the enforcement of the provisions of international labour Conventions which relate to the conditions under which seamen work, and the extent of the compliance with such provisions, either in the form of the annual report transmitted to the International Labour Office under Article 22 of the Constitution of the International Labour Organisation or in some other appropriate form.
IV. Rights, Powers and Duties of Inspectors
- (a) Rights of inspection
The Conference recommends:
- 10. That the inspection authorities, on proof of their identity, should be empowered by national law:
- (a) to visit without previous notice any vessel flying the national flag by day or by night, in national or foreign territorial waters, and, in exceptional cases fixed by national law and by authorisation of the maritime authority, at sea, provided, however, that the time and manner of such visits should in practice be fixed so as to avoid as far as possible any serious inconvenience to the working of the vessel;
- (b) to question without witnesses the crew and any other persons whose evidence may be considered desirable, to make enquiries which may be judged necessary, and to require production of any of the ship's papers or documents which the laws or regulations require to be kept in so far as such papers or documents relate to the matters subject to inspection;
- 11. That national law should provide that the inspectors should be bound by oath, or by any other method which conforms with the administrative practice or customs in each country, not to disclose commercial secrets which may come to their knowledge in the course of their duties, under pain of criminal penalties or appropriate disciplinary measures.
- (b) Compulsory powers
The Conference recommends:
12. That the inspection authorities should be empowered, in serious cases where the health or safety of the crew is endangered, to prohibit by proper authorisation of the maritime authority a vessel from leaving port until the necessary measures have been taken on board to comply with the law, subject to appeal to higher administrative authority or to the court of competent jurisdiction, according to the law in the different countries; 13. That prohibiting a vessel from leaving port should be considered a measure of exceptional gravity, which should only be employed as a last resort when the other legal means at the disposal of the inspection authority to ensure respect for the law have been used without effect; 14. That the inspection authorities should be empowered in special cases to issue orders for securing observance of the laws and regulations governing the conditions under which seamen work, subject to appeal to higher administrative authority or to the court of competent jurisdiction, according to the law in each country; - 15. That the central authority should be empowered in special cases to grant exemption from any specified requirement of any law or regulation governing the conditions under which seamen work, if such authority is satisfied that that requirement has been substantially complied with, or that compliance with the requirement is unnecessary in the circumstances of the case, and that the action taken, or provision made, as regards the subject matter of the requirement is as effective as, or more effective than, actual compliance with the requirement.
- (c) Right to call for an inspection
The Conference recommends:
16. That national law should provide that the master of a vessel should be entitled to call for an inspection in all cases where he considers it necessary; - 17. That national law should provide that the members of the crew of a vessel should also be entitled, subject to such conditions as may be prescribed, to call for an inspection on any matters relating to health, the safety of the vessel, or the rules affecting the conditions under which seamen work.
- (d) Co-operation of shipowners and seamen with the inspection authorities
The Conference recommends:
18. That, so far as is compatible with administrative practice in each country, and by such methods as may be considered most appropriate, shipowners and seamen should be called upon to co-operate in the supervision of the enforcement of the laws and regulations relating to the conditions under which seamen work.
In particular, the Conference draws the attention of the different countries to the following methods of co-operation:
- (a) it is essential that every facility should be afforded to seamen freely to bring to the notice of the inspection authorities either directly or through their duly authorised representatives any infringement of the law on board the vessel on which such seamen are employed, that the inspection authority should as far as possible promptly make an enquiry into the subject matter of any such complaint, that such complaints should be treated by the inspection authority as absolutely confidential;
- (b) with a view to ensuring complete co-operation by shipowners and seamen and their respective organisations with the inspection authorities, and in order to improve conditions affecting the health and safety of seamen, it is desirable that the inspection authorities should from time to time consult the representatives of shipowners' and seamen's organisations as to the best means of attaining these ends. It is also desirable that joint committees of shipowners and seamen should be set up, and that they should be enabled to co-operate with the different services responsible for supervising the enforcement of the laws and regulations governing the conditions under which seamen work.
- (e) Safeguards
The Conference recommends:
- 19. That only such persons should be appointed inspectors as command the full confidence both of the shipowners and of the seamen, and that such persons should therefore be required to possess:
- (a) the qualities necessary to ensure absolute impartiality in the performance of their duties;
- (b) the technical qualifications necessary for the performance of their duties; It is desirable that the inspection service should include men who have served at sea whose appointment whether in a permanent or temporary capacity should be at the discretion of the administrative authority;
20. That, when necessary, inspectors should be assisted in their duties by competent experts who command the full confidence of the shipowners and seamen; 21. That inspectors should be public servants whose status renders them independent of changes of Government; - 22. That they should be prohibited from having any financial interest whatsoever in the undertakings subject to their inspection.
- (f) Other duties
The Conference recommends:
23. That as, by reason of the nature of their duties, inspectors have special opportunities of observing the practical results of the operation of the laws and regulations governing the conditions under which seamen work, they should be called upon, so far as it is compatible with the administrative methods in each country, to assist in improving legislation for the protection of seamen and to give the most effectual help possible in promoting the prevention of accidents; 24. That, so far as is compatible with administrative practice in each country, they should be called upon to take part in enquiries into shipwrecks and accidents on board ship, and that they should be empowered, where necessary, to submit reports on the results of such enquiries; 25. That, so far as is compatible with the administrative methods in each country, they should be called upon to collaborate in supplying information preparatory to the drafting of laws and regulations for the protection of seamen.
التوصية رقم 27: توصية منظمة العمل الدولية بشأن إعادة الربابنة والمتمرنين إلى أوطانهم، 1926.
R027 - Repatriation (Ship Masters and Apprentices) Recommendation, 1926
Adoption: Geneva, 9th ILC session (23 Jun 1926).
[Withdrawn instrument - By decision of the International Labour Conference at its 109th Session (2021)]
Preamble
The General Conference of the International Labour Organisation,
Having been convened at Geneva by the Governing Body of the International Labour Office, and having met in its Ninth Session on 7 June 1926, and
Having decided upon the adoption of certain proposals with regard to the repatriation of masters and apprentices, which is included in the first item of the agenda of the Session, and
Having determined that these proposals should take the form of a Recommendation,
adopts this twenty-third day of June of the year one thousand nine hundred twenty-six, the following Recommendation, which may be cited as the Repatriation (Ship Masters and Apprentices) Recommendation, 1926, to be submitted to the Members of the International Labour Organisation for consideration with a view to effect being given to it by national legislation or otherwise in accordance with the provisions of the Constitution of the International Labour Organisation:
The Conference recommends that the national Governments shall take steps to provide for the repatriation of masters and duly indentured apprentices, who are not covered by the terms of the Convention on the repatriation of seamen adopted by the General Conference at its Ninth Session.