Article 52 Europese Code inzake Sociale Zekerheid (herzien)
MATERNITY BENEFIT
1 The persons protected shall comprise:
a) as regards the contingency referred to in subparagraph a of Article 51:
i) all employed women including female apprentices, and their female children, together with the dependent wives of employees, including apprentices, and their female children; or
ii) all economically active women and their female children, together with all dependent wives of economically active men and their female children; or
iii) all women residents;
b) as regards the contingency referred to in sub-paragraph b of Article 51:
i) all employed women, including female apprentices, or
ii) all women belonging to prescribed classes of the economically active population constituting in all at least 80% of the total economically active population.
2
a) Notwithstanding the terms of sub-paragraph a of the foregoing paragraph, any Party may exclude from the application of this part:
i) women belonging to classes of employees constituting in all no more than 5% of all employees, and their female children, together with the wives of men belonging to these classes, and their female children; or
ii) women belonging to classes of the economically active population constituting in all no more than 10% of the total economically active population, and their female children, together with the wives of men belonging to these classes, and their female children; or
iii) women belonging to classes of residents constituting in all no more than 10% of all residents, and their female children.
b. Notwithstanding the provisions of sub-paragraph b.i of the foregoing paragraph, any Party may exclude from the application of this part women belonging to classes of emloyees constituting in all no more than 10% of all employees.
3 Where a Party applies subparagraph a.i or a.ii of paragraph 1 of this article, women receiving any of the following benefits or applying for one of the benefits provided for under a and b of this paragraph:
a) invalidity, old-age or survivors' benefit,
b) benefit for permanent disablement to a prescribed degree or survivors' benefit, in the case of a work accident or occupational disease,
c) unemployment benefit,
and the dependent wives of men who are receiving these benefits, or are claiming invalidity, old-age or survivors' benefit and their children shall continue prescribed conditions to be protected in respect of the contingency referred to in sub-paragraph a of Article 51.
4 A Party may derogate from the provisions of sub-paragraph a of paragraph 1, sub-paragraph a of paragraph 2 and paragraph 3 of this article if its legislation guarantees medical care:
a) to prescribed classes of employed women constituting in all at least 80% of all employed women; or
b) to prescribed classes of economically active women constituting in all at least 75% of the total economically active women; or
c) to prescribed classes of women residents constituting in all at least 70% of all women residents,
and, in the case of illness resulting from pregnancy and requiring long-term care, to all women residents.
- Regeling
- Europese Code inzake Sociale Zekerheid (herzien)
- Soort
- Verdrag
- Geldend vanaf
- 06-11-1990
- BWB-id
- BWBV0004546
- Versie
- 1990-11-06_0