1482/1969

European Agreement rectified by November 24, 1969 Correction of errors ( "BOE" Oct. 11).

24 November 1969 European Agreement rectified by Corrigendum ( "BOE" February 26, 1993).

 

JUAN CARLOS I

KING OF SPAIN

 

Because on January 24, 1986, the Plenipotentiary of Spain, appointed in due form to that effect, signed in Strasbourg the European Agreement on "Au Pair" placement, made in Strasbourg on 24 November 1969.

Seen and examined the twenty articles of the Agreement, its two annexes and protocol forming part thereof, granted by the Parliament the authorization provided for in Article 94.1 of the Constitution, I hereby approve and ratify as it provides part, and under this I approve and ratify, and promised to obey, observe and enforce it and observe punctually in all its parts, to which end for further validation and firmness, Mando issue this Instrument of Ratification signed by me, properly sealed and countersigned by the undersigned Minister of Foreign Affairs, with the following reservations and declarations.

"Under the provisions of Article 18.1 (Annex II), Spain repealing the provisions of paragraph two of Article 10 stating that private insurance premiums will be covered in half by the host family and that this should be put in knowledge of anyone interested in getting a placement "au pair" before conclusion of the contract '.

"Under the provisions of Article 18.1 (Annex II), Spain declares that the appointment of a public body responsible for all matters relating to the placement" au pair "will be deferred until such time as measures can be taken practices for the implementation of the Convention ".

"Annex I: 1) Hospitalization for illness, maternity or accident. 2) Medical benefits and / or pharmaceutical. »

 

Given in Madrid

24 June 1988.-

JUAN CARLOS

R.-

The Minister of Foreign Affairs,

Francisco Fernandez Ordonez.

EUROPEAN AGREEMENT ON POSITIONING "AU PAIR"

Member states of the Council of Europe, signatories to this Agreement;

Whereas the aim of the Council of Europe is to achieve greater unity between its members, particularly with a view to facilitating their social progress;

Noting that, in Europe, an increasingly large number of young people, especially girls, move abroad to be placed "au pair".

Whereas, without intention to make a value judgment about the widespread practice should be defined and harmonized in all Member States the conditions governing the placement "au pair";

Whereas the "au pair" in the Member States constitutes an important social problem with legal, moral, cultural and economic implications, which largely transcends national boundaries and thereby takes on a European character;

Whereas people who are placed "au pair" are a special category, which is not the student or worker, but partakes both of the two and, therefore, provision should be made for these people appropriate provisions ;

Recognizing, in particular, the need to ensure to persons placed "au pair" adequate social protection inspired by the principles formulated in the European Social Charter;

Whereas many of these people are children who are deprived for long periods of family support and therefore should receive special protection relating to the material and moral conditions found in the host country;

Whereas only public authorities can fully ensure and monitor the implementation of these principles;

Convinced of the need for this coordination is carried out under the Council of Europe,

They have agreed as follows:

ARTICLE 1.

Each of the contracting parties undertakes to promote in its territory, to the greatest extent possible, the implementation of the provisions of this agreement.

ARTICLE 2.

1. Placement "au pair" is the temporary reception in a family and in exchange for certain services, of young foreigners who wish to improve their language skills and such professional time as well as their general culture by acquiring a better knowledge of the country they are welcome.

2. These young foreigners are hereinafter referred to as "persons placed" au pair ".

ARTICLE 3.

Placement "au pair" shall not exceed initially a period of one year may however be extended to a maximum period of two years.

ARTICLE 4.

1. The person placed "au pair" will have no less than seventeen nor more than thirty years of age.

 

2. However, in certain cases, and where circumstances warrant, the competent authority of the host country may grant exceptions to the age limit.

ARTICLE5.

The person placed "au pair" will be in possession of a medical certificate to be issued at the earliest date the three months preceding placement, and indicating the overall health of that person.

ARTICLE 6.

1. The rights and obligations of the person "au pair" and the host family, as are defined herein, shall be subject to a written agreement between the parties concerned, as a single document or an exchange of letters, which are preferably made before the person placed "au pair" leaves the country where he had his residence, and at most during his first week of work in the host family.

2. A copy of the agreement referred to in the preceding paragraph shall be deposited in the host country held by the competent authority or the organization designated by this authority.

ARTICLE 7.

The agreement referred to in Article 6 shall specify inter alia the manner in which the person placed "au pair" will have to share the life of the host family, enjoying the same time a certain degree of independence.

ARTICLE 8.

1. The person placed "au pair" shall receive board and lodging of the host family and will occupy a separate room when possible.

2. The person placed "au pair" have enough to attend language courses and to improve their cultural and training time; for this purpose every facility shall be granted with regard to working hours.

3. The person placed "au pair" have at least one full day off a week. At least one of the free days each month must be a Sunday, and will be given greater facilities to participate in religious ceremonies.

4. The person placed "au pair" will receive monthly a certain amount as pocket money. Both the amount to be received as payment intervals shall be determined in the agreement referred to in Article 6.

ARTICLE 9.

The person placed "au pair" will serve the host family, which will include the participation in daily chores. Time spent effectively to such services in general not exceed five hours per day.

ARTICLE 10.

1. Each of the contracting parties shall list, in a list included in Annex I to this Agreement, benefits in case of sickness, maternity or accident shall be entitled in its territory the person placed "au pair".

2. Where appropriate, and to the extent that the benefits listed in Annex I can not be covered by a social security scheme or any other official body of the host country, and in view of the provisions of international agreements or regulations of the European Communities, the competent member of the host family hired a private insurance whose charge will be entirely your business.

3. Any contracting party shall, in accordance with the provisions of paragraph 2 of Article 19, any changes in the list of services mentioned in Annex I.

ARTICLE 11.

1. If the agreement in Article 6 refers to has been concluded for an indeterminate period of time, each party may terminate it with notice of two weeks.

2. Whether the agreement has been concluded for a fixed period or not, it may be terminated immediately by either party if the other party has committed serious misconduct or if other serious circumstances require character.

ARTICLE 12.

The competent authority of each contracting party shall appoint public bodies authorized to handle regarding placement "au pair" may also designate for this purpose to private bodies.

ARTICLE 13.

1. Any contracting party shall send every five years to the Secretary General of the Council of Europe, in the manner established by the Committee of Ministers, a report on the application of the provisions of Articles 1 to 12 of this agreement.

2. The reports of the Contracting Parties for consideration by the Social Committee of the Council of Europe.

3. The Social Committee shall submit to the Committee of Ministers a report stating its conclusions; it may also submit any proposal whose purpose is:

(I) Improve the conditions of application of this Agreement;

(Ii) Revise or supplement the provisions of this Agreement.

ARTICLE 14.

1. This Agreement shall be open for signature by Member States of the Council of Europe, who may become parties to it by:

(to) Signature without reservation of ratification or acceptance, or

(B) The signature subject to ratification or acceptance, followed by ratification or acceptance.

2. The instruments of ratification or acceptance shall be deposited with the Secretary General of the Council of Europe.

ARTICLE 15.

1. This Agreement shall enter into force one month after the date on which they become parties to the three Member States of the Council under the provisions of Article 14.

2. With respect to any Member State to sign at a later date without reservation of ratification or acceptance, or who shall ratify or accept, the Agreement shall enter into force one month after the date of signature or the deposit of the instrument of ratification or acceptance .

ARTICLE 16.

1. The Committee of Ministers of the Council of Europe may invite any State not a member of the Council to accede to this Agreement after its entry into force.

2. Accession shall be effected by the deposit with the Secretary General of the Council of Europe an instrument of accession which shall take effect one month after the date of deposit.

ARTICLE 17.

1. Any signatory State, at the time of signature or the deposit of its instrument of ratification or acceptance, or any acceding State, when depositing its instrument of accession, mentioning the territory or territories to which it will apply the this Agreement.

2. Any signatory State, when depositing its instrument of ratification or acceptance, or at any subsequent time, and any acceding State when depositing its instrument of accession or at any time thereafter, extend the application of this Agreement, by declaration addressed to the Secretary General of the Council of Europe, to any other territory specified in the declaration and for whose international relations it is responsible or on whose behalf it is authorized to provide.

3. Any declaration made in accordance with the provisions of the preceding paragraph may be withdrawn in respect of any territory mentioned in such declaration, under the conditions provided for in Article 20 of this Agreement.

ARTICLE 18.

1. Any signatory State, at the time of signature or the deposit of its instrument of ratification or acceptance, or any acceding State when depositing its instrument of accession, declare that it will use one or more of the reservations listed in Annex 2 to this Agreement. No other reservation shall be permitted.

2. Any signatory State or a contracting party may withdraw in whole or in part a reservation it has made in accordance with the provisions of the preceding paragraph, by a declaration addressed to the Secretary General of the Council of Europe, which shall take effect on the date of its reception.

ARTICLE 19.

1. Any signatory State, at the time of signature or when depositing its instrument of ratification or acceptance, or any acceding State when depositing its instrument of accession, will report on the performance to be listed in Annex 1, in accordance with the provisions of paragraph 1 of Article 10.

2. Any notice to paragraph 3 of Article 10 concerns be addressed to the Secretary General of the Council of Europe, indicating the date from which it takes effect.

ARTICLE 20.

1. This Agreement shall remain in force indefinitely.

2. Any contracting party may terminate this Agreement, as far as it is concerned, by a notification addressed to the Secretary General of the Council of Europe.

3. The denunciation shall take effect six months after the date of receipt of the notification by the Secretary General.

ARTICLE 21.

The Secretary General of the Council of Europe shall notify the member States of the Council and any State which has acceded to this Agreement:

a) Any signature without reservation of ratification or acceptance.

b) Any signature subject to ratification or acceptance.

c) The deposit of any instrument of ratification, acceptance or accession.

d) The benefits listed in Annex 1.

e) Any date of entry into force of this Agreement in accordance with Article 15.

f) Any declaration received in pursuance of the provisions of paragraphs 2 and 3 of Article 17.

g) Any reservation made under the provisions of the first paragraph of Article 18.

h) The withdrawal of any reservation made under the provisions of paragraph 2 of Article 18.

i) Any notification received in pursuance of the provisions of paragraph 2 of Article 19.

j) Any notification received in pursuance of the provisions of Article 20 and the date on which the denunciation takes effect.

ARTICLE 22.

The Protocol to this Agreement is part of it entirely.

IN WITNESS WHEREOF the undersigned, being duly authorized thereto, have signed this Agreement.

Done at Strasbourg,

the November 24, 1969,

in French and English, both texts being equally authentic, in a single copy to be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies to each of the signatory and acceding States.

ANNEX I

See European Agreement on "Au Pair" Placement made in Strasbourg on 24 November 1969 ( "BOE" June 27, 1989), by which we proceed to the publication of Annex I.

 

(Article 10)

ANNEX II

[Article 18 (1)]

reservations

Each of the Contracting Parties may declare that it reserves the right:

a) Considering that the term "person placed" au pair "only apply to female persons.

b) To adopt, between the two modes specified in paragraph 1 of Article 6, only one which provides that the contract must be made before the person "au pair" has left the country of residence.

c) To repeal the provisions of paragraph 2 of Article 10, as long as half of the premiums of private insurance are covered by the host family, and provided that such repeal is brought to the attention of anyone interested in obtaining a placement " au pair "before conclusion of the contract.

d) To defer the application of the provisions of Article 12 until the practical measures needed for that implementation have been adopted, provided that such party shall endeavor to adopt these measures as soon as possible.

PROTOCOL

(Article 10)

1. Any Contracting Party shall make the declaration referred to in Annex I, introducing into it any subsequent modification, under its own responsibility.

2. The benefit specified in Annex I shall ensure, to the extent possible, coverage of medical, pharmaceutical and hospitalization expenses.

STATES PARTIES

Date deposit the instrument of ratification

Denmark 29/04/1971

Spain 08/11/1988

France 02/05/1971

Italy 11/08/1973

Norway 29/04/1971

 

The Agreement entered into force generally on 30 May 1971 and Spain enter into force on 12 September 1988, as set out in Article 15 thereof.

What it is made public for general knowledge.

Madrid,

August 25, 1988.

 

Silvia Guse

Director

SCP INTERAUPAIR

Ph: 0034 935 528 500 / mobile: 0034 608 514 400

silvia@interaupair.com

 

Avda. Corts Catalanes, 5, 1st floor

08173 Sant Cugat del Valles - Barcelona

Spain

 

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