Académique Documents
Professionnel Documents
Culture Documents
Geneva
International Training Centre
of the ILO - Turin
International Labour
Standards: A Trade
E. Cairola Union Training Guide
A. Chiarabini
This publication enjoys copyright under Protocol 2 of the Universal Copyright Convention.
Nevertheless, short excerpts may be reproduced without authorization, on condition that
the source is indicated. Applications for authorization to reproduce, translate or adapt part
or all of the publication should be addressed to the International Training Centre of the
ILO, Corso Unit dItalia 125, 10127 Turin. The Centre welcomes such applications.
ISBN 92-9049-361-5
The designations employed in the publications of the International Training Centre of the
ILO, which are in conformity with United Nations practice, and the presentation of material
therein do not imply the expression of any opinion whatsoever on the part of the Centre
concerning the legal status of any country, area or territory or of its authorities, or concer-
ning the delimitation of its frontiers.
The responsibility for opinions expressed in signed articles, studies and other contributions
rests solely with their authors, and publication does not constitute an endorsement by the
Centre of the opinions expressed in them.
II
Preface
The Constitution of the ILO and the Declaration of Philadelphia
establish that the ILOs terms of reference are to help defend the
interests of both male and female workers in every field and to
orientate social policies so as to maintain a universal and lasting peace
throughout the world.
Guide de formation
syndicale sur les normes
internationales du travail
III
to specific training activities and with respect to teaching units on
international labour standards in trade union training courses, with the
aim of enhancing the abilities of workers organisations in this field.
The teaching activities have been devised for trade union training
at international as well as national and local level. Experienced trade
union trainers and instructors will have no difficulty adapting these
activities to local contexts and different training needs.
Guide de formation
syndicale sur les normes
internationales du travail
IV
Contents
of the guide
1. Trainers guide
2. Opening of the course, presentation of participants
and definition of objectives
3. The ILO and standard setting
4. Characteristics of international labour standards
5. Purpose and content of standards
6. The procedure of setting, submission, ratification,
denunciation and revision of international labour
standards
7. Application of standards: regular supervisory
machinery
8. Application of standards: special procedures, including
those on freedom of association
9. Standards and technical co-operation
10. Revision of standards, the standard setting of the ILO
and globalisation
11. Preparation of an action plan and final assessment of
the course
Guide de formation
syndicale sur les normes
internationales du travail
V
International Labour Office
Geneva
International Training Centre
of the ILO - Turin
1 Trainers guide
1
5
7
Contents
1. Contents of the training pack
10 4. Target group
13 7. Teaching methods
15 8. Assessment
19 Annexes
1. Teaching activities
2. Description of model trade union training programme on international
labour standards
3. Material required
4. Laborlex, the standards information system
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4. Target group
This pack has been prepared for trade union officials in the
international offices and training and legal departments.
The pack is primarily designed for:
members of staff of the confederations responsible for issues
concerning international labour standards;
officials of training departments in confederations/federations.
Content.
List of subjects covered in the teaching unit.
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Transparencies.
The transparencies for the teaching unit required to aid
presentation of the contents.
Activities.
Each activity consists of an introduction when the instructor
presents the exercise to the participants, drawing their attention to the
tasks to be carried out. The instructions are supplied to participants in
the content section. The final stage, progress reports, provides for
each small group or individual (in the case of individual work) to
present a report (with visual aids) to the plenary.
Supporting documents.
Supporting documents are provided for each teaching unit to
facilitate further work; a list of bibliographic references is also provided.
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7. Teaching methods
To run a training course the facilitator must be able to use the
principal active teaching methods in trade union training.
Each method can be seen as a working tool available to the
trainer.
The facilitator must follow three basic stages to implement the
different sequences in a teaching unit:
introduction of the teaching unit and general/specific objectives;
development of the different sequences, i.e., presentation of
the content by means of active teaching methods;
conclusion and summary of the teaching unit, if possible with
immediate assessment;
Guided discussion
This method is used to present the content of the course and to
link the technical elements presented in the teaching unit with the
experience of the participants.
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Case study
This method introduces participants to a real case involving
specific trade union problems. It shows how complex issues can be
approached from different angles by means of systematic analysis in
small groups (work groups).
Role play
This method consists of recreating a situation in which a real
problem is addressed. Participants have to play the different roles by
following precise instructions within a set time. Interaction between the
different roles aims to produce an acceptable solution for the different
parties.
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Preparation:
Presentation of the activity to all participants
Clarification of the objectives of the activity
Splitting into smaller groups
Choice of a spokesperson for each group
Brain storming to express ideas and opinions and to
communicate information
Procedure
Members of the group only speak to each other
Contributions are considered to belong to the group
The group decides which contribution will be used
The group agrees on what will be presented to the plenary
Presentation
Results obtained
Results reviewed by the group
Results ready to be presented to the plenary
If the results are to be presented on the board, ensure that they are
accompanied by the necessary references (date, group, session)
If the results are to be presented on transparencies or A4 paper,
ensure that they can be copied
Conclusion
The facilitator and/or experts invited to the session summarise
the reports presented and draw conclusions.
8. Assessment
The trainer must regularly review the training objectives with the
participants to ensure that the training is relevant.
Assessment involves various stages which are established
according to the training objectives. These are presented and discussed
at the beginning of the course and presented again during the
comparative analysis of individual reports. Assessment is done in
particular by means of meetings chaired by a group leader. At the end
of each teaching unit the assessment is carried out in relation to the
objectives established in the unit itself.
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All the software tools required to visualise and use the resources
defined above on most platforms (Windows, MacOS) are included on
the CD-ROM. This is primarily Acrobat Reader for the three versions
of the training guide, and Netscape Navigator for access to the
Internet, to post / download material available on the World Wide Web,
and to send / retrieve electronic mail for technical support.
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Teaching Activities
The teaching activities (exercises) have been designed according to a
common approach involving three distinct stages :
Introduction
Content
Progress reports
Stage 1: Introduction
In this stage the trainer should present the activity to participants, particularly
drawing their attention to the goals and tasks to be accomplished.
The time allocated to each part of the activity is specified. All the elements
necessary to complete the activity successfully are also mentioned.
A clear introduction helps participants to understand and carry out the activity.
At this point the participants will be divided into work groups or pairs
(sometimes the exercise can also be done individually). How this is done will
vary according to the case. You will sometimes have very clear ideas on the
composition of the work group. Generally you should have a good mixture of
experienced and less experienced participants, so that knowledge and skills
are exchanged. Sometimes, however, you will form small groups of people
who work in a similar context or in the same sector. There are no set rules for
establishing these groups, and sometimes you will be happy to let the
participants choose their own work group.
Stage 2: Content
This is the stage in which the participants carry out the tasks.
The trainer must check whether the participants have understood what is
expected of them, and should monitor how the groups work. A group may ask
you to answer a question or you can join another group to listen in on their
discussion. Both occasions give you the opportunity to monitor the groups
progress.
Ideally the instructor will move from group to group as they are working,
offering guidance or assistance if necessary, without dominating or taking
control of the group-work process.
You should in any event be aware of the way the group and the participants
carry out each activity. Group work is not an excuse to allow the instructor to
sit down and ignore the course. On the contrary, it demands observation,
concentration and attention. If you find that certain groups do not work well,
be prepared to make changes in their composition for the next activity.
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INTRODUCTION
Links How is this activity linked to the teaching unit?
Goals Explain them clearly to participants.
What to do? Make sure that participants have understood what is
expected of them.
Time limits Establish time limits for group work.
Groups Divide the course into small work groups.
ACTIVITY
Monitoring Check the progress of the small groups
Assistance Help the groups in their work if they are having
difficulty or if they need guidance.
Clarification Deal with any questions asked by the groups.
Changes Identify all the changes you wish to make in the
formation of the groups for the next activity.
PROGRESS REPORT
Progress reports Decide how you will organise the presentation of
progress reports.
Discussion Decide when you will open the discussion.
Time limits Make sure that all the groups have enough time to
present their progress reports.
Summary Finish the activity by summarising the key points of
the progress reports and the discussion
Links Explain the link between this activity and the
following ones.
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Description of a model
training programme
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Reference data
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1. GENERAL INFORMATION
Training is one of the basic functions of a trade union organisation. The
training of trade union members and staff is necessary to reinforce the
organisation and functions of the union. The involvement of trade union
organisations in an increasing number of activities at national and international
level in particular requires training activities for members and officials to be
expanded.
This trade union training programme on international labour standards is
designed to support the unions in the field of trade union training so as to lead
to an increase in the number of militants and to improve the activities of the
organisation in areas such as collective bargaining and the capacity to
represent workers and to defend their interests and rights.
The course focuses on the training needs of trade union organisations in
relation to international labour standards. The principal long-term objective of
the course is to support/create a specialised trade union structure responsible
in this specific field for dealing with legal questions at national/international
level, and for playing a significant role in the national and international
regulation of labour.
The different parts of the programme are designed to promote and reinforce
international labour standards. Throughout the course participants will be
encouraged to discuss and analyse international labour standards so as to
respond to new training needs in this field.
2. DEVELOPMENT OBJECTIVES
This training activity has been introduced in the Workers Education
Programme to contribute to trade union organisations in the area of training in
international labour standards and in particular to promote and support:
a permanent technical structure (department) in each trade union group
responsible for monitoring international labour standards and relations with
the ILO;
trade union participation in the functioning of the ILOs standard setting
and supervisory system;
the raising of the awareness of international labour standards on the part of
trade union officials responsible for training.
3. IMMEDIATE OBJECTIVES
At the end of the course participants will be able:
to identify the main problems facing trade unions in relation to international
labour standards and to carry out a comparative analysis at sub-
regional/regional level;
to put the procedure of the preparation, purpose and contents of standards
in a trade union perspective;
to analyse the procedure governing the adoption, submission and
mechanisms for supervising the application of standards, including special
procedures in the area of freedom of association;
to use the principal international labour standards in a trade union context;
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5. PARTICIPANTS
Participants in the course must be (a) officials/organisers of trade union training
programmes in this specific area, or (b) officials responsible/to be responsible for
technical and legal relations with the ILO in this specific area at national or
regional level. In their trade union groups they must carry out functions allowing
them to apply in practice the experience gained during the course to the training
and international labour standards programmes in their own organisations.
7. SUPPORTING MATERIAL
Books and specific documents will be distributed during the course.
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Material required
The following material should be available to trainers:
Blackboard
Flip chart
OHP
Screen
Spare OHP lamps
Photocopying machine
If there is no OHP the text of transparencies will be copied onto the board or
photocopies will be made and given to participants.
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Laborlex
the standards information system
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course, presentation of
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Objectives
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Objectives
At the end of part two participants will be able to reach agreement with
General the trainer and the group as a whole on the training needs/objectives
objective the course should meet and to create a psychological attitude and
environment fostering the progress of the course.
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After the course has been officially opened and the training programme
1 Introduction has been presented you will be split into pairs. You must interview
your colleague using the following questions for reference.
Take notes on your colleagues answers and be prepared to present the
information to the whole group.
This activity is designed to:
Begin a process of effective contact with the other members of the
group.
Allow each member of the group to participate immediately in the
active learning process.
Make participants aware of the importance of the skill of listening.
Make it possible to recognise immediately the similarities and
contrasts in the experience participants bring to the course.
Link the personal objectives of the individuals on the course to
those the trainer has established for the course.
Ask you colleague the following questions and note the answers. Each
2 Content interview should last 10 minutes.
1) What is your name?
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One member of the group should introduce your new colleague to all
3 Progress the other participants. Tell the trainer when you are ready. When the
report introduction has finished invite the new colleague to comment.
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The trainer can meet each course participant at the end of the day for
3 Progress an individual interview so as to expand the information presented in
report the questionnaire.
These meetings may facilitate the definition of each participants specific
objectives.
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7. List the principal trade union training activities in which you have
participated:
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Presentation and
comparative analysis of
individual reports
Approximate time: 6 h
Before taking part in the course you will have been asked to prepare a
1 Introduction national report following certain guidelines. Most participants should be
in possession of this report, even if only in draft form. The reports are
an important reference for preparing courses both for participants and
instructors so that they can reflect fully on the individual and collective
needs of participants. Without a knowledge of the political, economic
and social situation of your trade union organisation it is difficult to
adapt the course to your real needs.
This activity is designed to:
give an overview of your organisation to the other participants
explain the functioning of your trade union organisation and present
the priority policies of your trade union group/union
develop a common approach to carrying out a comparative analysis
at course level with the other participants
use an active training methodology and facilitate the precise
definition of training needs/objectives.
Before coming to the course you were asked to prepare a report on the
2 Content following points:
1. National context (GDP, economic policies of the country, scale of the
formal/informal sector, percentage of trade union members and
other information important for an understanding of the national
context in which the trade union functions).
2. The structure, organisation and policy priorities of the union
(confederation and your federation).
3. The structure and training programmes organised by your trade
union, mentioning whether international labour standards are
integrated into these programmes.
4. Description of the use of ILO documentation at the level of the trade
union group (e.g., report on the general survey of the Committee of
Experts) or federations/trade unions.
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The plenary will convene, together with the trainers. The participants
3 Progress present their final reports (comparative analysis and summary of
report reports) to each other and to the trainer.
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Course meetings:
daily assessment and/or
assessment of the
teaching unit
Approximate time: 30 min
For this activity you will be split into small groups to examine the way
1 Introduction the members of the course can collectively review the daily activities.
This activity is designed to:
Examine the role of the course meetings;
Concentrate on how to organise the course meetings.
Provide a tool for assessing the teaching units
You are asked to organise a short course meeting at the end of each day
2 Content (or each teaching unit).
This meeting should make it possible to:
Review the work of the day/teaching unit;
Receive the progress reports on the work of the groups;
Hand out tasks (if necessary);
Discuss general questions connected to the course.
To organise the meetings you should agree on:
the agenda;
the chair of the meeting;
the minutes of meetings to be kept on file;
the rules to be applied during the meeting.
Discuss the proposal to organise course meetings in your group. Do you
think it will be useful to organise discussions in this way?
If you agree on the procedure proposed, continue to discuss the
problems of organisation and, as a group, make recommendations on
the above four points.
Using the flip chart, present you findings on the course as a whole. A
3 Progress member of your group should be made responsible for the progress
report report.
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of the ILO - Turin
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Contents
Objectives
59 Activities
1. The ILO and its structure
2. The ILO and tripartism
63 Annexes
1. Use of the video A workers world
2. The world network of ILO offices
3. ILO multidisciplinary advisory teams
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Objectives
At the end of part 3 participants will be able to enhance the participation
General of trade union organisations in tripartite system of the ILO.
objective
Participants will in particular be able to:
Specific
objectives identify the originality and specific characteristics of the ILO in
relation to other United Nations specialised agencies;
describe the basic principles on which the ILO is founded;
identify the structure, framework and terms of reference of the ILO;
identify the structures responsible for supporting workers activities
at international, regional and national level in the International
Labour Office;
locate the place and role of trade union organisations in supporting
tripartism.
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- The Conference
- The Governing Body
- The Office
- Decentralised structure TR D
5
- The ILO Centre in Turin
- Other ILO bodies TR D
6
Means of action TR D
8
The ILO, a United Nations TR D
9
specialised institution
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GOVERNMENT
EMP
Between the two wars the ILO was an autonomous organisation
ERS LOY
RK ER
WO
SOCIAL JUSTICE
BETTER WORKING CONDITIONS
S
within the League of Nations. It had to take decisions on the most
STANDARD TECHNICAL
urgent problems of the time, particularly the promotion of the 8-hour
SETTING CO-OPERATION
Information-Meetings-Research-Expertise working day, the struggle against unemployment, the creation of social
security, the protection of maternity and the working conditions of
women and young persons.
During World War II the ILO transferred its headquarters from
Geneva to Montreal (Canada).
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Pdanger
overty anywhere constitutes a
to prosperity everywhere labour is not a commodity;
The war against want requires to be
carried on with unrelenting vigour within
each nation, and by continuous and
concerted international effort in which the
freedom of expression and of association are essential to
representatives of workers and employers,
enjoying equal status with those of
governments, join with them in free
discussion and democratic decision with a
view to the promotion of the common
sustained progress;
welfare.
GOVERNING BODY
1 employers'
delegate
maritime sessions.
14 workers' 28 government 14 employers'
representatives representatives representatives
The Conference
The Conference The International Labour Conference elects the Governing Body,
adopts the ILO programme and votes on its budget (which is financed
by Member States). The Conference also sets international labour
standards and supervises their application (according to procedures
which will be described below), passes resolutions that provide
guidelines for the ILOs general policy and activities, decides to admit
new Member States and provides a world forum for the discussion of
social and labour questions.
Each national delegation to the Conference is composed of two
government delegates, one employers delegate and one workers
delegate, accompanied as necessary by technical advisers. Employers
and workers delegates to the Conference have total freedom of voting.
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Workers activities The secretariat has a department responsible for workers activities
(ACTRAV) (ACTRAV), the function of which is to provide technical support for
workers organisations.
International Labour A department responsible for all matters relating to international
Standards labour standards (NORMES) forms part of the structure of the Office
Department
(NORMES) and provides technical support for governments, workers and
employers organisations.
Decentralised The structure of the ILO also involves several regional, area and
structure liaison offices.
(TR 3.5)
Decentralised structure of the ILO
Africa
Algeria
Cameroon
Cte dIvoire
Latin America
Argentina
Brazil
Chile
North America
Canada
United States
The regional offices determine ILO priorities according to regional
needs and co-ordinate, programme and assess ILO activities at regional
D. R. Congo Costa Rica
Egypt Mexico
Ethiopia Peru
Madagascar Trinidad and Tobago
Nigeria Uruguay
Senegal
South Africa
Tanzania
Zambia
Zimbabwe level. They are responsible in particular for keeping headquarters
Asia and the Pacific Europe Middle East
Bangladesh
China
Fiji
India
Indonesia
Belgium
France
Germany
Hungary
Italy
Kuwait
Lebanon
informed of the regional situation and advising ILO bodies on policies
Japan Russian Federation
Pakistan
Philippines
Sri Lanka
Thaland
Spain
Switzerland
Turkey
United Kingdom
to be adopted.
Multidisciplinary Teams:
These are one of the ILOs technical instruments for defining and
implementing country objectives prepared under the responsibility of
the area offices. Bearing in mind the tripartite structure of the
Organisation and the role played by the workers and employers
organisations within the framework of active partnership, the ACTRAV
and ACTEMP specialists in the multidisciplinary teams co-ordinate
activities directly with the respective departments.
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Tripartism
The principle of The great strength of the International Labour Organisation
tripartism derives from the manner in which the tripartite system enables the
(TR 3.7) representatives of workers and employers to participate on an equal
Tripartite structure of the
ILO footing with those of governments in all discussions and decision-
GOVERNMENTS
making.
IL
MP
O RS
The success of the ILOs action largely depends on the extent to
E
LOY KE
ERS WOR
Supervision of application by Member
States
Improvement of living
These concern the preparation and adoption of standards by the
and working conditions
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Technical co-operation
In social policy the ILO plays an active role in international
technical co-operation. The work it undertakes is essentially aimed at
supporting the standard-setting work of the Organisation. Technical co-
operation develops in accordance with the new problems that
continually arise from technical, economic and social development in
the world of labour.
ILO
SPECIALIZED INSTITUTIONS
International Labour Organisation
The UNO and the ILO, as well as other specialist institutions, co-
FAO United Nations Food and Agriculture Organisation
UNESCO
UNICEF
UNDP
United Nations Educational, Scientific and Cultural Organisation
IBRD
IMF
UPU
International Bank for Reconstruction and Development (World Bank)
IFAD
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Form small work groups. Each group should discuss the following
2 Content points:
the perception the participants trade union organisations have of
the ILO;
the presence of trade union organisations in the structure of the ILO.
You have 60 minutes to prepare your arguments.
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Organise your report so that the main points of the trade union
3 Progress strategy can be presented on visual aids to guide the discussion with
report the plenary.
The trainer will facilitate a general discussion based on the conclusions
of each group, presented to the plenary by the reporters.
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VIDEO
A Workers World
duration: 39 min.
This video comprises two sections that will be used separately according to
the objectives to be established.
NB: Please order this video from ILO headquarters in Geneva or from the
nearest office.
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Headquarters
International Labour Office
4, route des Morillons
CH- Geneva 22 - Suisse
Tel: (41 22) 799 61 11 Fax: (41 22) 798 86 85 Tlex: 045/ 41 56 47
Africa
ILO Regional Office for Africa
Boulevard Lagunaire, Commune du Plateau
01 B.P.3960 - Abidjan 01 - Cte dIvoire
Tel: (225) 21 26 39 fax: 21 28 80 telex: 0983/22657
GEOGRAPHICAL AREA
Africa (through the offices of the ILO)
Benin
Burkina Faso
Cte dIvoire
Niger
Togo
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Latin America
ILO Regional Office for Latin America and the Caribbean
Las Flores 295, San Isidro - Ap.postal 3638 - Lima 1 - Peru
Tel: (5114) 421 52 86 fax: 421 52 92
GEOGRAPHICAL AREA
Latin America and the Caribbean (through the offices of the ILO)
Bolivia
Chile
Colombia
Ecuador
Peru
Venezuela
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Europe
ILO Regional Office for Europe
4, route des Morillons - CH - 1211 Geneva 22
Tel: (41 22)799 66 66 fax: 799 60 61 telex: 045/ 41 56 47
Geographical Area
Europe
Albania
Armenia (through the Moscow Office)
Austria
Azerbaijan (through the Ankara Office)
Belarus (through the Moscow Office)
Belgium (through the Brussels Office)
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Belgium ILO Liaison Office with the European Communities and the Benelux Countries
40, rue Aim Smekens - B - 1040 Bruxelles
Tel: (322) 736 59 42 fax: 735 48 25
GEOGRAPHICAL AREA
Belgium
Luxembourg
Netherlands
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Switzerland Institut international dtudes sociales [International Institute for Labour Studies]
4, route des Morillons - CH - 1211 Geneva 22
Tel: (41 22)799 61 11 fax: 798 86 85 telex: 045/ 41 56 47
72
Annex 2 Part 1 2 34
4 5 6 7 8 9J K
Middle East
ILO Regional Office for Arab States
P.O. Box 11-4088 - Beirut - Lebanon
Tel: (+96.11) 34.15.76 fax: 37.15.73
GEOGRAPHICAL AREA
Bahrain
Iraq
Jordan
Kuwait
Lebanon
Oman
Qatar
Saudi Arabia
Syrian Arab Republic
United Arab Emirates
West Bank and Gaza
Yemen
73
Annex 3 Part 1 2 34
4 5 6 7 8 9J K
74
International Labour Office
Geneva
International Training Centre
of the ILO - Turin
3 Transparencies
Transparency 3.1
77
Part 123456789JK
ILO Constitution
GOVERNMENT
EMP
KERS LOY
ER
R
WO S
SOCIAL JUSTICE
BETTER WORKING CONDITIONS
STANDARD TECHNICAL
SETTING CO-OPERATION
Information-Meetings-Research-Expertise
Transparency 3.2
79
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Freedom of expression
and of association are essential
to sustained progress
Transparency 3.3
81
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GOVERNING BODY
14 workers' 28 government 14 employers'
representatives representatives representatives
Transparency 3.4
83
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Transparency 3.5
85
Part 123456789JK
R egional Meetings
RMeetings
egional and Technical
Transparency 3.6
87
Part 123456789JK
GOVERNMENTS
M ILO
E
S
PL
OY K ER
ERS WOR
Transparency 3.7
89
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Means of action
I. STANDARD SETTING
Setting of international
labour standards
Adoption by the Conference
Supervision of application by Member
States
Transparency 3.8
91
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Transparency 3.9
93
International Labour Office
Geneva
International Training Centre
of the ILO - Turin
4 Characteristics
of International Labour
Standards
498
99
101
Contents
Objectives
105 Activity
1. Characteristics of international labour standards
97
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Objectives
At the end of part four participants will be able to analyse and describe
General the principal characteristics of international labour standards.
objective
Participants will in particular be able to:
Specific
objectives establish the difference between a Convention and a
Recommendation;
identify other instruments forming the social policy guidelines
supplementing international labour standards;
explain the practical effect of standards;
identify the principal characteristics of international labour
standards;
distinguish between promotional and technical standards;
relate tripartite participation and the application of standards at
national level;
classify international labour standards by subject.
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Part 123456789JK
labour standards
Recommendations TR D
1
Other instruments TR D
2
The pratical effect of standards TR D
3
The principal characteristics TR D
4
of standards
Promotional and technical TR D
5
standards
Tripartite participation in the TR D
6
application of standards
Workers participation in TR D
7
the application of standards
Classification of standards TR D
8
99
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Characteristics
of International Labour
Standards
101
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The practical effect The significance of international standards lies in their practical
of standards effect. On the one hand they reflect what is feasible at present, and on
(TR 4.3) the other they point the way towards economic and social progress, in
The practical effect of standards this case being referred to as promotional instruments. They are
Reflect
what is
feasible now
Point the way
towards economic
and social progress debated and adopted at the Conference by the representatives of
Realistic solution to current problems governments, jointly with those of employers and workers
Influence national legislation
Prevent
the adoption
of regressive
national
legislation
organisations of ILO Member States, a procedure that leads to realistic
solutions for contemporary problems. The standards influence
(if ratified)
National development
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Characteristics of standards
The principal International labour standards are universal in nature and highly
characteristics of flexible. On the one hand they set objectives for national policy and a
standards
framework for international technical co-operation. On the other they
(TR 4.4)
encourage tripartism, protect basic human rights and reflect a broad
Characteristics of standards
the Member States (being sovereign) have room for manoeuvre with
respect to the legal undertakings they each feel they can assume and
eventually put into effect.
Universality and International labour standards are debated and adopted by delegates
flexibility from all over the world. Different national practice is taken into account in
preparing and framing them. They must be valid for countries with very
different social structures, from the least to the most industrially
developed, and they must be capable of attainment by such countries.
The bodies of the ILO have consistently opposed the idea of
having different standards for different regions or groups of countries,
and it has always been agreed to recognise that standards should be set
at world level, subject to the proviso that they are sufficiently flexible
and that they are designed to meet the needs of all Member States.
According to the Constitution of the ILO (article 19 (3)), throughout
the process of framing international labour standards due regard should
be given to the need for flexibility so as to take account of the
difference between levels of development and the various
circumstances of the Organisations Member States.
The standards are set in a spirit of realism and effectiveness, so as
to respect the needs of all Member States. There are obvious limits on
flexibility, however, particularly within the framework of Conventions
relating to basic human rights and basic freedoms, and also to the level
of universal applicability of standards designed to protect the life of
workers.
Promotional ILO Conventions originally contained relatively precise standards
standards and that could be taken over directly into national legislation. Since World
technical standards
War II another kind of text has come into being, namely the so-called
(TR 4.5)
promotional Conventions, whereby ratifying States undertake to
Promotional standards and technical standards
pursue stated objectives, but by methods that are left largely to their
own discretion, as is the timing of the measures to be taken according
to their social and economic situation.
Standards
Promotional Technical
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PL
KE
OY
WOR
ERS
Classification of standards
to overcome obstacles in application
ocial policy
Social policy
Labour administration
abour administration
ndustrial relations
onditions of work
Social security
Employment of women
Employment of children and young persons
Older workers
Migrant workers
Indigenous workers and tribal populations
Other special categories of worker (seafarers, fishermen, inland
navigation, dockworkers, plantation workers, tenants and share-
croppers, nursing personnel, hotel and catering personnel).
This classification is consistent with the ideas expressed in the
Guide to international labour standards. (See supporting document
International Labour Standards, Workers Education Manual)
104
Activity 1 Part 123456789JK
Characteristics of
international labour
standards
Approximate time: 90 min
Appoint a reporter and organise your progress report so that the main
3 Progress points can be presented on a visual aid.
report You have 30 minutes to prepare your presentation.
Based on the conclusions of each group, presented to the plenary by
the reporters, the trainer will facilitate a general discussion.
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Additional bibliography:
International Labour Law
Von Potobsky/Valticos
Kluwer Law and Taxation Publishers
Deventer, Netherlands 1995
Constitution of the International Labour Organisation.
BIT Geneva 1994
La Organizacin Internacional del Trabajo
[The International Labour Organisation] Geraldo W.Von Potobsky,
Hctor G. Bartolomei de la Cruz, Editorial ASTREA, Buenos Aires, 1990
107
International Labour Office
Geneva
International Training Centre
of the ILO - Turin
5 Purpose and
content of
standards
5
131
133
135
137
Contents
Objectives
129
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5
207 7. SOCIAL SECURITY
213 8. EMPLOYMENT OF WOMEN
a. Maternity protection
b. Night work
c. Underground work
218 9. EMPLOYMENT OF CHILDREN AND YOUNG PERSONS
a. Night work
b. Medical examination
223 10.OLDER WORKERS
224 11.MIGRANT WORKERS
228 12.INDIGENOUS AND TRIBAL PEOPLES AND WORKERS IN NON-
METROPOLITAN TERRITORIES
230 13.OTHER SPECIAL CATEGORIES
a. Seafarers
b. Fishermen
c. Dock workers
d. Plantation workers, tenants and sharecroppers
e. Service personnel
239 Activities
1. Conventions Nos. 87 and 98
2. Defining a trade union strategy on international labour standards
3. Equal remuneration
4. Paid educational leave
130
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Objectives
At the end of part five, participants will be able to use international
General labour standards in trade union practice.
objective
131
Part 123456789JK
132
Part 123456789JK
Freeedom of association TR D
234 5
6
Prohibition of forced labour TR D
7
Equality of opportunity and TR D
8
9
10
treatment
Minimum working TR D
47
age
Ratification of Conventions on TR D
11
basic human rights
5 Present and hand out Activity No. 3: Work group Flip chart 120 mn
D
Equal remuneration
133
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D b SEQUENCES TEACHING
METHODS
TEACHING
MATERIAL
TIME
presented).
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Purpose and
content of
standards
Purpose of The Preamble to the Constitution of the ILO ascribes the founding
standards of the Organization to three factors that provide the basic justification
for international legislative action on labour matters:
1. The fact that universal and lasting peace can be established
only if it is based upon social justice.
2. The fact that conditions of labour exist involving injustice,
hardship and privation and that an improvement of those
conditions is urgently required.
3. Fear of the social repercussions of international competition. As
the Preamble to the Constitution puts it, the failure of any
nation to adopt humane conditions of labour is an obstacle in
the way of other nations which desire to improve the
conditions in their own countries.
Further factors explain the need to adopt international labour
standards:
The need to harmonize situations containing an international
element, such as cross-border labour movement. Seafarers and
migrant workers offer a good example.
Pooling the experience gained in using certain technologies. A
good example is the Radiation Protection Convention, 1960
(No.115).
The value for many countries of a model on which to base
their labour legislation, adapting it as necessary, of course, to
national conditions.
The need to protect workers against company bankruptcies. A
good example is the Protection of Workers Claims (Employers
Insolvency) Convention, 1992 (No.173).
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136
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FREEDOM OF ASSOCIATION
rights in the workplace.
C.87
Freedom of Association
and Protection of the Right
to Organize, 1948
C.98
Right to Organize and
Collective Bargaining, 1949
Respect for basic human rights is a sine qua non condition of
FREEDOM FROM FORCED LABOUR
C.29 C.105
economic and social development, as well as of stability and sustained
progress.
Forced Labour, 1930 Abolition of Forced Labour, 1957
Freedom of association
Freedom of Association and Protection of the Right to Organize
Convention, 1948 (No. 87)
Right to Organize and Collective Bargaining Convention, 1949
(No. 98)
Workers Representatives Convention, 1971 (No. 135)
Rural Workers Organizations Convention, 1975 (No. 141)
Labour Relations (Public Service) Convention, 1978 (No. 151)
Collective Bargaining Convention, 1981. (No. 154)
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Freedom of association
First Convention on The first international convention to deal specifically with
freedom of freedom of association was the Right of Association (Agriculture)
association
Convention, 1921 (No. 11). In ratifying it, States undertook, to secure
to all those engaged in agriculture the same rights of association and
combination as to industrial workers. The aim was clearly to put right
an inequality.
It soon became apparent that freedom of association could only
effectively be guaranteed by a Convention that applied to all workers
and that set out their rights in precise terms. The inter-War years saw
several attempts to get a Convention adopted that would impose a
well-defined obligation to put into effect the principle of freedom of
association established in the ILOs Constitution. The attempts failed.
After the second world war, workers organizations looked at the
question anew.
In June 1947, the question was examined by the International
Labour Conference, leading to the adoption of the Freedom of
Association and Protection of the Right to Organize Convention, 1948
(No. 87). It is a very good example of how a trade union initiative can
give rise to new labour standards.
N.B. Even if they have not ratified a Convention on the subject, States Members of the
ILO have a duty to observe the principle of freedom of association by virtue of
their formal acceptance of the Constitution of the ILO.
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CONVENTION NO. 87
Freedom of association and protection of the right to organize, 1948
Aim of the standard The right, freely exercised, of workers and employers, without
distinction, to organize for furthering and defending their interests.
1. Regarding the armed forces and the police, however, national legislation shall determine the
extent to which the guarantees provided for in the Convention shall apply.
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CONVENTION NO. 98
Right to organize and collective bargaining, 1949
Aim of the standard Protection of workers who are exercising the right to organize;
non-interference between workers and employers organizations;
promotion of voluntary collective bargaining.
Summary of the Workers shall enjoy adequate protection against acts of anti-union
provisions discrimination.
(TR 5.3) They shall be protected more particularly against refusal to
C.98
2. Concerning union security clauses, which have the effect of rendering obligatory trade union
membership or the payment of union contributions, the Committee on Industrial Relations,
appointed by the International Labour Conference at its 32nd Session to draft this
Convention, stated in its report that Convention No. 98 could in no way be interpreted as
authorising or prohibiting union security arrangements, such questions being matters for
regulation in accordance with national practice.
3. The extent to which guarantees provided for in the Convention apply to the armed forces
and the police is determined by national laws or regulations. The Convention does not deal
with the position of public servants engaged in the administration of the State, nor shall it
be construed as prejudicing their rights or status in any way.
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4. These can be trade union representatives or representatives elected by the workers of the
undertaking. Where there exist in the same undertaking both trade union representatives
and elected representatives, measures shall be taken, wherever necessary, to ensure that this
does not undermine the position of the trade unions, and to encourage co-operation between
the various representatives.
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Summary of the All persons working in agriculture5 have the right to establish and
provisions to join organizations of their own choosing, which shall be independent
(TR 5.4) and voluntary in character and shall remain free from all interference,
C.141
coercion or regression.6
RURAL WORKERS
ORGANIZATIONS,
1975
Regarding the exercise of this right while respecting the law of the
Freedom of association for rural workers
Encouragement of their organizations
land and regarding the acquisition of legal personality by the
Participation in economic and social development
5. Wage earners or the self-employed, for example, farmers, tenants and small owner-
occupiers.
6. The guarantees of the Convention also apply to organizations not restricted to but
representative of rural workers.
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7. The term public employee means any person employed by public authorities with the
proviso that national laws or regulations shall determine the extent to which the guarantees
provided for in the Convention shall apply to certain categories of employee (the armed
forces, the police, and particularly high-level public employees).
8. cf. the provisions of the Workers Representatives Convention, 1971 (No. 135).
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FORCED LABOUR, 1930 occasions on which the international community took action in the
C.105
CONVENTION NO. 29
Forced labour, 1930
Aim of the standard Suppression of forced labour.
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Summary of the Under the Convention, States undertake to suppress any form of
provisions forced or compulsory labour in five defined cases, namely:
as a means of political coercion or education or as a
punishment for holding or expressing political views or views
ideologically opposed to the established political, social or
economic system;
as a method of mobilizing and using labour for purposes of
economic development;
as a means of labour discipline;
as a punishment for having participated in strikes;
as a means of racial, social, national or religious
discrimination.
145
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146
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Summary of the States having ratified the Convention shall promote and, in so far
provisions as is consistent with the methods in operation for determining rates of
(TR 5.8) remuneration, ensure the application to all workers of the principle of
C.100
equal remuneration for men and women workers for work of equal
EQUAL
REMUNERATION,
1951
value.
Equal remuneration
for men and women
for work of equal value The Convention shall apply to basic wages or salaries and to any
additional emoluments whatsoever, payable directly or indirectly, in
cash or in kind, by the employer to the worker and arising out of his or
her employment. The Convention defines equal remuneration for
work of equal value as remuneration established without
discrimination based on sex.
This principle may be applied by means of national laws or
regulations, legal machinery for wage determination, collective
agreements or a combination of these various means. One of the
means specified for assisting in giving effect to the Convention is the
objective appraisal of jobs on the basis of the work to be performed.
The Convention provides that governments shall co-operate with
employers and workers organizations for the purpose of giving effect
to its provisions.
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Summary of the The Convention assigns to each State which ratifies it the
provisions fundamental aim of promoting equality of opportunity and treatment
(TR 5.9) by declaring and pursuing a national policy aimed at eliminating all
C.111
forms of discrimination in respect of employment and occupation.
DISCRIMINATION
(EMPLOYMENT AND
To promote equality of OCCUPATION),
Discrimination is defined as any distinction, exclusion or
1958
opportunity and treatment in
employment and occupation, as a means
toward eliminating all discrimination in
preference based on race, colour, sex, religion, political opinion,
respect thereof.
national extraction or social origin (or any other motive determined by
the State concerned) which has the effect of nullifying or impairing
equality of opportunity or treatment in employment or occupation.
The scope of the Convention covers access to vocational training, access
to employment and to particular occupations, and terms and conditions
of employment.
Member States having ratified this Convention undertake to
repeal any statutory provisions and modify any administrative
instructions or practices which are inconsistent with this policy, and to
enact legislation and promote educational programmes which favour its
acceptance and implementation in co-operation with employers and
workers organizations. This policy shall be pursued and observed in
respect of employment under the direct control of a national authority,
and of vocational guidance and training, and placement services under
the direction of such an authority.
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Summary of the The Convention applies to men and women workers with
provisions responsibilities for their dependent children or other members of their
(TR 5.10) immediate family where such responsibilities restrict their possibilities
C.156
of participating in economic activity.
WORKERS WITH FAMILY
RESPONSIBILITES,
1981 It provides that the State shall make it an aim of national policy to
To create effective
equality of opportunity
and treatment for men and women
workers with family responsibilities
enable these persons to engage in employment without being subject to
discrimination, and, to the extent possible, without conflict between
their employment and family responsibilities.
All measures compatible with national conditions and possibilities
shall be taken to enable the workers in question to exercise their right
to free choice of employment and to take account of their needs in
terms and conditions of employment and in social security.
The Convention then provides for corresponding measures to he
taken in community planning and in the development or promotion of
community services such as child care and family services and facilities.
Moreover, it provides for information and education to engender
broader understanding of the principle of equality of opportunity and
treatment for men and women workers and of the problems of workers
with family responsibilities. It also lays the basis for specific measures
in the field of vocational guidance and training.
The Convention states that family responsibilities shall not, as
such, constitute a valid reason for termination of employment.
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Exception for
The Convention provides that limited categories of employment
C.138 General developing
countries
or work may be excluded from its application where special and
Basic
minimum
age
15 14
substantial problems of application arise.11
Normally: 18
Dangerous NO
Under certain
work EXCEPTIONS
conditions: 16
Light 13 12
work
THE PROBLEM
OF CHILD LABOUR:
The way this problem has evolved led to the adoption of the
MINIMUM AGE CONVENTION, 1973 (No. 138), which concerns
admission to employment or work, and which should gradually
supersede the earlier texts.
It was supplemented by Recommendation No. 146, 1973.
THE PROBLEM
OF THE MOST INTOLERABLE
FORMS OF CHILD LABOUR
This is the subject
of a proposed (short)
Convention to be submitted
to the International
Labour Conference
in 1999.
10. Consultation with the organizations of employers and workers concerned, full protection of
health, safely and morals, adequate specific instruction or vocational training.
11. A Member whose economy and administrative facilities are insufficiently developed may
initially limit the scope of application of this Convention, which shall, however, be
applicable as a minimum to the following: mining and quarrying; manufacturing;
construction; electricity, gas and water; sanitary services; transport, storage and
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Note
It is important to note the recent evolution within the ILO
concerning standards relating to child labour. In 1994, the 75th
anniversary of the Organization, a consensus emerged at the
Conference that the Organizations basic principles and values cover
forced labour, child labour, freedom of association and discrimination.
The various actions recently taken by the Conference, the Board of
Administration and the Office as part of the campaign to promote basic
human rights are based on the recognition of seven basic
Conventions of the ILO,14 a concept which for the first time
encompasses Convention No. 138 on the minimum working age.
Furthermore, the Conference is scheduled very soon to study projects
for new standards to deal with the more extreme forms of child labour.
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(TR 5.11) Most of the following Conventions concerning basic social rights
Ratification of conventions concerning
fundamental social rights as of February 1999
have been ratified by around two-thirds of States Members of the ILO:
Number of
ratifications Conventions
124 No 87 Freedom of Association and
Protection of the Right to Organize, 1948
141
150
No 98 Right to Organize and Collective
Bargaining, 1949
No 29 Forced Labour, 1930
Number Conventions
139 No 105 Abolition of Forced Labour, 1957
No 111 Discrimination (Employment
of
132
139
and Occupation), 1958
(*) Number of States Members that had ratified the Conventions by February 1998.
15. Following the World Summit for Social Development (Copenhagen, 1995), the Director-
General initiated a campaign for universal ratification of seven international labour
Conventions bearing on human rights (Conventions Nos. 29 and 105 on the abolition of
forced labour, Nos. 87 and 98 on the right to organize and collective bargaining, Nos. 100
and 111 on discrimination and No. 138 on the minimum working age).
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2. Employment
(TR 5.12) A workers first concern is simply to have a job. Certain ILO
EMPLOYMENT POLICY:
Employment Recommendations adopted just before and just after the second world
Convention n 122: Employment Policy, 1964
Convention n 168: Employment Promotion and
Protection against Unemployment, 1988
Recommendation n169: Employment Policy
war already embody the opinion that the best means to achieve that
(Supplementary Provisions), 1984
EMPLOYMENT SERVICES
AND AGENCIES:
aim is an active employment policy.
Convention n 88: Employment Service, 1948
EMPLOYMENT SECURITY:
Convention n 158: Termination of Employment, 1982
Employment policy:
Employment Policy Convention, No. 122 (1964)
Employment Promotion and Protection against Unemployment
Convention, No. 168 (1988)
Employment Policy Recommendation, No. 169 (1984)
Special Programmes for Young People, Recommendation, No.
136, 1970.
Employment security:
Termination of Employment Convention, No. 158, 1982
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Employment policy
Summary of the The Convention requires, as a major goal, the declaration and
provisions pursuit of an active policy designed to promote full employment with a
(TR 5.13) view to stimulating economic growth and development, raising levels
C.122
of living, meeting manpower requirements and overcoming
EMPLOYMENT POLICY, 1964
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Employment policy shall take due account of the stage and level
of economic development and the mutual relationships between
employment objectives and other economic and social objectives, and
shall be pursued by methods that are appropriate to national conditions
and practices. The measures to be adopted for attaining the specified
objectives shall be decided and kept under review within the
framework of a co-ordinated economic and social policy.
Finally, the Convention provides for consultation of
representatives of the persons affected by the measures to be taken, and
in particular representatives of employers and workers16.
16. The Employment Policy Convention, 1964 (No. 122), was supplemented in 1964 by
Recommendation No. 122 and in 1984 by Recommendation No. 169. The very detailed and
precise provisions of the latter instruments are summarised briefly below:
A) Employment Policy Recommendation, 1964 (No. 122): Having defined the objectives of
employment policy, the Recommendation sets forth the general principles of such a policy
and deals with general and specific measures to be taken within its framework. It then
addresses employment problems associated with economic underdevelopment. In this
context, it deals with investment and income policy, the promotion of industrial and
rural employment and population growth. The Recommendation also addresses the
subject of action by employers and workers and their organizations, as well as
international action, to promote employment objectives. Finally, its annex contains
numerous suggestions concerning methods of application and the various measures to be
taken within employment policy.
B) Employment Policy Recommendation (Supplementary Provisions), 1984 (No. 169):
Dealing in the first place with general principles, the Recommendation provides that the
promotion of full, productive and freely chosen employment should be regarded as the
means of achieving in practice the realisation of the right to work and should be the
priority in, and an integral part of, the economic and social policies of States and, where
appropriate, their plans for the satisfaction of the basic needs of the population. The
new Recommendation then supplements that of 1964 and deals with the following
questions: population policy, employment of youth and disadvantaged groups, technology
policies, the informal sector, small undertakings, regional development policies, public
investment and special public works programmes. In addition, in view of increasing
interdependence within the world economy, various measures are suggested in the field
of international economic co-operation and migration.
See also the Special Youth Schemes Recommendation, I970 (No. 136), which is also to be
examined in connection with the Forced Labour Convention, 1930 (No. 29), and the
Abolition of Forced Labour Convention, 1957 (No. 105).
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Summary of the This Convention provides that States which ratify it shall take
provisions appropriate steps to ensure that methods of providing unemployment
benefit contribute to the promotion of full, productive and freely
chosen employment.
The Convention contains eight parts. Each Member may accept all
or only part of the standard.
The detailed provisions of the Convention stress a States
obligation to guarantee equal treatment for all workers reduced to
unemployment, permit special measures to meet the needs of
disadvantaged groups, and allow for inter-State agreements on
unemployment benefit.
The contingencies covered by the Convention are loss of earnings
due to a temporary reduction in normal hours of work, and loss of
earnings due to economic difficulties and to structural or other
technological factors. Part-time workers are also covered by the
Convention.
The Convention determines who shall be protected and how.
Regarding how, the Convention provides that benefits shall take
the form of periodic payments, for which there shall be a waiting
period of no more than ten days.
However, workers may be denied the prescribed benefits, inter alia,
if they have deliberately contributed to their own dismissal, are no longer
in the country, or left their employment voluntarily without just cause.
Furthermore, the Convention emphasises the effort to be made by
ratifying States to enable employment benefit receivers and their
families to continue to receive medical treatment under the conditions
set by the law.
As regards new applicants for employment, the Convention
stipulates that they, too, are entitled to social benefits.
Lastly, legal, administrative and financial guarantees must be
provided for the better application of the Convention.
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CONVENTION NO. 88
Employment service, 1948
Aim of the standard Free public employment service.
Summary of the The State shall create and maintain a free public employment
provisions service, which shall have the task of ensuring the best possible
(TR 5.14) organization of the employment market as an integral part of the
C.88
of the service and its co-operation with other bodies with a view to
providing efficient recruitment and placement.
The Convention provides for the co-operation of employers and
workers representatives in the running of the employment service,
notably through consultative committees.
It defines the functions of the employment service (placement,
facilitating occupational and geographic mobility, employment market
information, co-operation in the administration of unemployment
insurance and other measures for the relief of the unemployed, etc.)
and the measures to be taken by this service, taking account of the
particular needs of certain categories of worker.
Finally, it deals with the status and conditions of service of
employment service staff (public officials enjoying guarantees of
independence).
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Summary of the The Convention provides that the ratifying State shall adopt and
provisions develop comprehensive and co-ordinated policies and programmes of
(TR 5.15) vocational guidance and vocational training closely linked with
C.142
employment, in particular through public employment services18.
HUMAN
RESOURCES
It specifies the elements that these policies and programmes shall
DEVELOPMENT,
1975 take into account (employment needs and opportunities, the stage and
Development of policies
level of a countrys development and other economic, social and
and programmes
of vocational guidance
and training closely linked
cultural objectives, etc.), their aims (improving the abilities of the
with employment.
individual), the principles to be followed (without any discrimination)
and the educational and training systems to be developed.
17. See also the Paid Educational Leave Convention, 1974 (No. 140).
18. It is worth mentioning as a complement to the above summary that the Human Resources
Development Recommendation, 1975 (No. 150), contains detailed indications of policies and
programmes, vocational guidance and vocational training (including at enterprise level),
training for managers and self-employed persons, programmes for particular areas or
branches of economic activity, particular groups of the population, the promotion of equality
of opportunity for women and men in training and employment, migrant workers, training
of staff for vocational guidance and vocational training, research, administrative aspects and
representative bodies.
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Summary of the The State shall, in accordance with national conditions and
provisions possibilities, implement a policy of vocational rehabilitation and
(TR 5.16) employment of disabled persons19 and ensure that the measures taken
C.159 be available to all categories concerned.
VOCATIONAL
REHABILITATION
The representative organizations of employers and workers, as
AND EMPLOYMENT
(DISABLED PERSONS),
1983
well as the representative organizations of and for disabled persons,
To ensure shall be consulted on the implementation of this policy which shall be
suitable employment and
social integration
for disabled persons, in conditions
based on the principle of equal opportunity between disabled workers
of full participation and equality
(men and women) and workers generally (though not excluding
special positive measures).
Suitably adapted services for vocational guidance and vocational
training, placement, employment, and so on, shall be made available to
disabled persons. The Convention provides for the development of
these services in rural areas and remote communities, as well as for the
training of specialist counsellors20.
19. The term disabled person means an individual whose prospects of securing, retaining and
advancing in suitable employment are substantially reduced as a result of a duly recognised
physical or mental impairment.
20. Detailed provisions are contained in the Vocational Rehabilitation (Disabled)
Recommendation, 1955 (No. 99), and in the Vocational Rehabilitation and Employment
(Disabled Persons) Recommendation, 1983 (No. 168), which supplements Convention No.
159 and the preceding Recommendation No. 99.
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Employment security
TERMINATION OF
awards or court decisions, or in another manner consistent with
Protects against termination
of employment without valid reason
21. The term termination of employment in this context means termination of employment at
the initiative of the employer.
22. It applies to all branches of economic activity and to all employed persons with some possible
exceptions (fixed-term contracts, contracts for a specified task, probationary periods, casual
labour, special arrangements with equivalent protection, limited categories with special
problems of a substantial nature).
23. The Termination of Employment Recommendation, 1982 (No. 166), adds age (subject to
rules concerning retirement), compulsory military service and other civic obligations, as not
being valid reasons for termination.
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24. Misconduct of such a nature that it would be unreasonable to require the employer to
continue to employ the worker during the notice period.
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3. Social policy
Social Policy (Basic In 1947, the Conference adopted a general Convention (No. 82)
Aims and Standards) on social policy in non-metropolitan territories, subsequently revised,
Convention, 1962
(No. 117) in 1962, by Convention No. 117 on the basic aims and standards of
social policy. These two texts not only lay down the principle that all
policies are to be directed primarily at the well-being and development
of the population, but also set a number of basic standards regarding, in
particular, wage rates, wage protection, protection against
discrimination, the minimum working age and education.
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Summary of the With the above-mentioned aim in view, the Convention deals
provisions respectively with the following subjects: improvement of standards of
(TR 5.18) living, migrant workers, remuneration of workers, non-discrimination,
C. 117
education and training.
SOCIAL POLICY
(BASIC AIMS AND
STANDARDS), The improvement of standards of living shall be regarded as the
1962 All policies shall be primarily directed
to the well-being and development
of the population and to the promotion
of its desire for social progress.
principal objective in the planning of economic development. Efforts
shall be made to avoid the disruption of family life and of traditional
social units, by the study of migratory movements and practical action
in town and country planning and prevention of congestion in urban
areas, including improvement of living conditions and establishment of
suitable industries in rural areas. Elimination of chronic debt, control
of land alienation and of land ownership and use (by the enforcement
of adequate laws or regulations) and fostering of cooperatives by
practical means are to be considered.
Migrant workers terms and conditions of employment shall take
account of their normal family needs. Transfer of part of the workers
wages and savings from the area of labour utilization to that of supply
shall be encouraged, including by inter-country agreements. Account
shall be taken of the increased cost of living due to change of residence.
The fixing of minimum wages by collective agreements, freely
negotiated between trade unions and employers or their organizations,
shall be encouraged. Where this is not possible, minimum standards of
wages shall be fixed in consultation with representatives of employers
and workers, including their respective organizations where such exist.
Wages shall normally be paid in legal tender only, directly and
regularly to the worker; advances shall be limited by regulations and
protection against usury shall be provided.
Labour legislation, collective agreements, admission to public or
private employment, training, wage rates, etc., shall remove
discrimination among workers. Measures for the safeguarding of
motherhood shall be deemed to be compatible with the Convention.
As far as possible under local conditions, the progressive
development of broad systems of education, vocational training and
apprenticeship shall be provided for, with a view to the effective
preparation of children and young persons of both sexes for gainful
employment. The school-leaving age, minimum age for employment and
conditions of employment shall be prescribed. Employment of children
below the prescribed school-leaving age during school hours shall be
prohibited. To secure high productivity, training in new techniques of
production shall be provided as appropriate. Competent authorities shall
consult employers and workers organizations about training.
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Provides measures
This instrument applies to all categories of cooperative, including:
for supervisory
mechanisms to implement
such policies. consumer cooperatives;
land improvement cooperatives;
agricultural productive and processing cooperatives;
rural supply cooperatives;
agricultural marketing cooperatives;
fishery cooperatives;
service cooperatives;
handicraft cooperatives;
workers productive cooperatives;
labour contracting cooperatives;
cooperative thrift and credit societies and banks;
housing cooperatives;
transport cooperatives;
insurance cooperatives;
health cooperatives.
The establishment and growth of cooperatives should be regarded
as an important instrument for economic, social and cultural
development, as well as human advancement, in developing countries.
The Recommendation includes detailed provisions concerning the
subjects recalled in the first paragraph of these summary notes, as well
as international coooperation and a number of specific problems.
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4. Labour administration
The existence of a competent, efficient and specialised
administration in each country is essential if the proper application of
labour legislation and social policies is to be guaranteed. The
indispensable link between the ILO and the administration of the State
concerned is normally the latters Ministry of Labour, which sends
officials to take part in the preparatory work and negotiations prior to
the adoption of standards by the International Labour Conference. It is
this labour department which subsequently launches the procedures for
submitting the instruments adopted by the ILO to the relevant national
authorities for ratification, and which adapts the aims and provisions of
the international standards in drafting and implementing local
legislation and regulations.
In 1978, the Conference adopted a general Convention (No. 150)
on the role, functions and organization of labour administration.
Convention No. 150 laid down standards for the establishment of
a well-coordinated labour administration system with clearly defined
functions and responsibilities. It covered the preparation and
implementation of labour legislation, employment policy, improvement
of working conditions, and support services for employers and
workers organizations. It was supplemented by Recommendation No.
158, also adopted in 1978.
The main standards on employment are grouped into the
following categories:
General standard
Labour Administration Convention, 1978 (No. 150)
Labour inspection
Labour Inspection Convention, 1947 (No. 81)
Labour Inspection (Agriculture) Convention, 1969 (No. 129)
Statistics
Labour Statistics Convention, 1985 (No. 160)
Tripartite consultation
Tripartite Consultation (International Labour Standards)
Convention, 1976 (No. 144)
Tripartite Consultation (Activities of the International Labour
Organization) Recommendation, 1976 (No. 152)
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General standard
Summary of the The ratifying State shall organize an effective system of labour
provisions administration, the functions and responsibilities of which are properly
(TR 5.20) coordinated.
C.150
26. See also the Consultation (Industrial and National Levels) Recommendation, 1960 (No. 113).
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Labour Inspection
CONVENTION NO. 81
Labour inspection, 1947
and
advise employers and workers
provide information for the labour administration
with other public and private services and with employers and workers
Technical cooperation:
LABOUR INSPECTION
(AGRICULTURE), 1969
statistics on the work of the inspection services.
Secures, by regular inspection of workplaces,
the enforcement of legal provisions for the protection
of workers in agricultural undertakings
The Convention defines the functions of labour inspectors (to
Deals with the organization and functioning
of inspection services
Defines the functions of labour inspectors secure the enforcement of the law, to advise employers and workers,
Contains certain innovations which take into account the special
characteristics of the agricultural sector
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Statistics
wages;
labour costs;
consumer price indices;
household or family expenditure, and income;
occupational injuries and diseases;
industrial disputes.
28. This Convention revises the Convention concerning Statistics of Wages and Hours of Work,
1938 (No. 63).
29. These are also supplemented by more precisely defined technical criteria set out in the
Labour Statistics Recommendation, 1985 (No. 170).
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Tripartite consultation
TRIPARTITE CONSULTATIONS
government replies to questionnaires concerning items on the
(INTERNATIONAL
LABOUR STANDARDS),
1976
agenda of the International Labour Conference and their
Effective consultation among the
representatives of the government,
of employers and of workers on the
comments on proposed texts to be discussed by the
implementation
of international
labour standards.
Conference;
proposals to be made to the competent authority or authorities
in connection with the submission of Conventions and
Recommendations pursuant to article 19 of the Constitution of
the ILO;
the re-examination at appropriate intervals of unratified
Conventions and of Recommendations to promote their
implementation and ratification as appropriate;
questions arising out of reports on ratified Conventions to be
made under article 22 of the Constitution of the ILO;
proposals for the denunciation of ratified Conventions.
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30. As a complement to the above summary, it may be noted here that the Tripartite
Consultation (Activities of the International Labour Organization) Recommendation, 1976
(No. 152), having reiterated the provisions of the Convention, adds that consultation should
be arranged on the preparation and implementation of legislative or other measures to give
effect to international labour Conventions and Recommendations, as well as on questions
arising out of reports to be made under article 19 of the Constitution of the ILO. The
Recommendation also provides that these procedures, after consultation of the representative
organizations, be extended to cover the preparation, implementation and evaluation of
technical co-operation activities in which the ILO participates, the action to be taken in
respect of resolutions and conclusions adopted by the International Labour Conference or
other ILO meetings and the promotion of a better knowledge of the activities of the ILO.
Finally, the Recommendation gives examples of consultation procedures.
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5. Industrial relations
The basic standards governing industrial relations, namely the
freedom of association Conventions, have been analysed above in the
section on freedom of association.
A further set of instruments on relations between employers and
workers has been adopted, namely:
Termination of employment
Termination of Employment Convention, 1982 (No. 158) and
Termination of Employment Recommendation, 1982 (No. 166)
(see Employment section)
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Summary of the After defining the term collective bargaining32 and indicating
provisions that the Convention applies to all branches of economic activity33, the
(TR 5.25)31 Convention provides that measures adapted to national conditions shall
C.154
be taken to promote collective bargaining.
COLLECTIVE BARGAINING, 1981
31. Supplementary provisions appear in the Collective Bargaining Recommendation, 1981 (No.
163). For more details see also the Collective Agreements Recommendation, 1951 (No. 91),
and the Voluntary Conciliation and Arbitration Recommendation, 1951 (No. 92).
32. The term extends to all negotiations between an employer, a group of employers or one or
more employers organizations, on the one hand, and one or more workers organizations,
on the other, for: (a) determining working conditions and terms of employment; (b)
regulating relations between employers and workers, and/or; (c) regulating relations
between employers or their organizations and a workers organization or workers
organizations. If the existence of workers representatives is recognised (see Convention No.
135), the term may also encompass negotiations with these representatives.
33. The armed forces and the police may be exempted and special modalities of application may
be fixed for the public service.
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RECOMMENDATION NO. 94
Co-operation at the level of the undertaking, 1952
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6. Conditions of work
Standards on general conditions of work and on safety and health at
work are by far the most numerous (almost 40 per cent of all instruments
adopted by the International Labour Conference). By the nature of things,
they are comparatively the most technical and precise. They cover many
aspects of the questions which govern life at the workplace.
The principal standards on conditions of work can be grouped
into the following categories:
a) Wages
Minimum wage-fixing machinery
Minimum Wage-Fixing Machinery Convention, 1928 (No. 26).
Minimum Wage-Fixing Machinery (Agriculture) Convention,
1951 (No. 99).
Minimum Wage Fixing Convention, 1970 (No. 131) and
Recommendation, 1970 (No. 135).
Wage protection
Wage Protection Convention, 1949 (No. 95) and
Recommendation, 1949 (No. 85).
Protection of Workers Claims (Employers Insolvency)
Convention, 1992 (No. 173) and Recommendation, 1992
(No. 180).
Part-time work
Part-Time Work Convention, 1994 (No. 175) and
Recommendation, 1994 (No. 182).
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Night work
Night Work Convention, 1990 (No. 171) and
Recommendation, 1990 (No. 178).
(Standards on night work laid down for the protection of
women and children or young people will be dealt with later.)
Home work
Home Work Convention, 1996 (No. 177) and
Recommendation, 1996 (No. 184).
Weekly rest
Weekly Rest (Industry) Convention, 1921 (No. 14).
Weekly Rest (Commerce and Offices), Convention, 1957 (No.
106) and Recommendation, 1957 (No. 103).
Paid leave
Annual Holidays with Pay Convention (Revised), 1970 (No. 132).
Paid Educational Leave Convention, 1974 (No. 140) and
Recommendation, 1974 (No. 148).
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Wages
Minimum wage-fixing machinery
Regular adjustment to the cost of living include the needs of workers and their families and economic factors
including the requirements of economic development and a high level
of employment.
Machinery adapted to national conditions and requirements shall
be created and/or maintained, whereby minimum wages can be fixed
and adjusted.
The representative organizations of employers and workers
concerned or, where no such organizations exist, representatives of
employers and workers concerned, shall be consulted in connection
with the establishment and operation of such machinery. Wherever
appropriate, provision shall be made for their direct participation, on a
basis of equality, in its operation. Under certain circumstances, persons
having recognised competence may participate.
Minimum wages shall have the force of law and failure to apply
them shall incur appropriate penal or other sanctions.
Appropriate measures, such as adequate inspection reinforced by
other necessary measures, shall be taken to ensure the effective
application of all provisions relating to minimum wages36.
35. On a general level, the Collective Bargaining Convention, 1981 (No. 154), aims at
promoting collective bargaining with a view, among other things, to determining working
conditions and terms of employment.
36. Where appropriate, see also the Minimum Wage-Fixing Machinery Convention, 1928 (No.
26), and the Minimum Wage Fixing Machinery (Agriculture) Convention, 1951 (No. 99).
Concerning any discrimination regarding terms and conditions of employment (including
wages), see the Discrimination (Employment and Occupation) Convention, 1958 (No. 111).
The Equal Remuneration Convention, 1951 (No. 100), provides for the principle of equal
remuneration for men and women workers for work of equal value.
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CONVENTION NO. 94
Labour clauses (public contracts), 1949
Aim of the standard To ensure minimum labour standards in the execution of public
contracts.
Summary of the The Convention deals with all contracts involving the expenditure
provisions of funds awarded by central public authorities37 to another party
(TR 5.27) employing workers for the construction, demolition, and so on, of
C.94
public works, the manufacture of materials, supplies or equipment or
LABOUR CLAUSES (PUBLIC CONTRACTS), 1949
GENERAL PRINCIPLES:
the performance or supply of services.
to ensure minimum labour standards
in the execution of public contracts
37. For contracts awarded by other public authorities, each country shall determine the extent to
which and the manner in which the Convention shall be applied.
38. The terms of the clauses to be included in contracts shall be determined by the competent
authority after consultation with the organizations of employers and workers concerned.
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Wage protection
CONVENTION NO. 95
Protection of wages, 1949
Aim of the standard Full and prompt payment of wages in a manner which provides
protection against abuse.
Summary of the Wages39 payable in money shall be paid only in legal tender
provisions (payment by cheque is authorised under certain conditions).
(TR 5.28) Partial payment of wages in kind (payment in high alcoholic-
C.95
Full and prompt payment of wages desirable and is appropriate for the personal use and benefit of the
Wages shall normally be paid directly
to the worker concerned
(and without delay) worker and his or her family. The value attributed to such allowances
Goods at works stores shall
be sold at fair
and reasonable prices in kind shall be fair and reasonable.
Applies to all persons to whom wages
are paid or payable
Wages shall normally be paid directly to the worker concerned.
The Convention protects the workers liberty to dispose freely of his or
her wages, without any coercion to make use of works stores.
Goods at these works stores shall be sold at fair and reasonable
prices. The stores shall not be operated for the purpose of securing a
profit but for the benefit of the workers concerned, where access to
other stores and services is not possible.
The Convention also provides that the extent to which deductions
from wages are permitted must be regulated and limited41. Wages shall
be protected against attachment or assignment to the extent deemed
necessary for the maintenance of the worker and his or her family.
Wages shall be treated as a privileged debt in the event of the
bankruptcy or judicial liquidation of an undertaking.
Other provisions of the Convention concern the regular payment
of wages, the days on which and the places at which they shall be paid,
the information of workers in regard to the above, the obligation to
prescribe adequate penalties and remedies and other measures to
ensure the implementation of the Convention.
The Convention applies to all persons to whom wages are paid or
payable, but the competent authority may, after consultation with
employers and workers organizations, exclude persons not employed
in manual labour or employed in domestic service or similar work.
39. The term wages means remuneration or earnings capable of being expressed in terms of
money payable by an employer to an employed person for work done or to be done.
40. By laws or regulations, collective agreements or arbitration awards.
41. Deductions from wages shall be permitted only under conditions and to the extent prescribed
by national laws or regulations, collective agreements or arbitration awards.
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C.1
C.30
hours of work (industry), 1919 Hours of work
hours of work
(commerce and offices), 1930
C.47
R.116
forty-hour week, 1935
C.132
C.140
paid leave (revised), 1970
Summary notes on The national and international economic conditions within which
standards dealing hours of work are set have clearly changed a great deal over the years.
with hours of work
For employers and their organizations, it is particularly important
(TR 5.30)
to maintain and increase their competitiveness and productivity in a
C. 47
standard of living
Adoption or encouragement
of measures deemed appropriate
swiftly to market fluctuations.
for achieving that aim
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42. Specifically: the Hours of Work (Industry) Convention, 1919 (No. 1); the Hours of Work
(Commerce and Offices) Convention, 1930 (No. 30); the Sheet-Glass Works Convention,
1934 (No. 43); the 40-Hour Week Convention, 1935 (No. 47); the Reduction of Hours of
Work (Glass-Bottle Works) Convention, 1935 (No. 49); and the Hours of Work and Rest
Periods (Road Transport) Convention, 1979 (No. 153). Three other Conventions have been
adopted but failed to come into effect because they did not receive the necessary number of
ratifications, namely: the Hours of Work (Coal Mines) (Revised) Convention, 1935 (No. 46);
the Reduction of Hours of Work (Public Works) Convention, 1936 (No. 51); and the
Reduction of Hours of Work (Textiles) Convention, 1937 (No. 61).
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Night work
Summary of the This Convention (which applies to all employed persons except in
provisions agriculture, stock raising, fishing and navigation)43 lays down that
specific measures required by the nature of this work shall be taken for
night workers in order to protect their health and safety, assist them to
meet their family and social responsibilities, provide opportunities for
occupational advancement, compensate them appropriately and protect
maternity.
The Convention may be implemented by laws or regulations,
collective agreements, arbitration awards or court decisions, or a
combination of these means.
Workers have the right notably to health assessments (without
charge) before an assignment to night work, at regular intervals and in
case of problems afterwards. The results may not be transmitted to
others without the workers consent except in the case of a finding of
unfitness for night work.
Workers who are unfit for night work shall be transferred,
whenever practicable, to a similar job. If not, they shall be granted the
same benefits as other workers who are unable to secure employment.
Temporary unfitness for night work is protected against dismissal in the
same way as unfitness for work for reasons of health.
First aid facilities shall be made available. Compensations are
granted to night workers and special services in their favour are
provided for.
Special measures of protection (alternative work, leave,
prohibition of dismissal, maintenance of income and advantages
regarding occupational advancement) are provided for in case of
maternity.
Before introducing night work schedules, the employer shall
consult the workers representatives.
43. After consulting the organizations of employers and workers, certain other limited categories
may be excluded in consideration of substantial problems.
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Weekly rest
CONVENTION NO. 14
Weekly rest (industry), 1921
Aim of the standard At least 24 consecutive hours of rest per week.
Summary of the The whole of the staff employed in any industrial undertaking44
provisions shall enjoy, in every period of seven days, a period of rest comprising at
least 24 consecutive hours.
This period of rest shall, wherever possible, be granted
simultaneously to the whole of the staff of each undertaking and shall
coincide with the days already established by the traditions or customs
of the country or district.
Certain exceptions45 may be authorized, for which, as far as
possible, compensatory periods of rest shall be provided.
Employers shall make known the days and hours of collective rest
to the whole of the staff by notices or otherwise and shall keep a roster
of special systems of rest.
45. The term industrial undertaking covers four large categories of industrial activity:
a) mines, quarries and all other works for the extraction of minerals from the earth;
b) manufacturing or processing industries;
c) construction or demolition industries;
d) transport by road, rail or inland waterway, including the handling of goods at docks,
quays, wharves and warehouses, but excluding transport by hand.
46. These comprise:
a) industrial undertakings in which only the members of a single family are employed;
b)cases of total or partial exception having special regard to all proper economic and
humanitarian considerations after consultation with employers and workers
organizations, where such exist.
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Summary of the The Convention lays down the standard of a weekly rest period of
provisions not less than 24 consecutive hours in the course of each period of
seven days46.
It has provisions similar to Convention No. 14 as regards the
simultaneous granting of the rest period to the whole staff and its
coincidence with the day of rest established by the traditions or
customs of the country or district47.
Regarding the means of giving effect to its provisions, the
Convention lists the following: statutory wage-fixing machinery;
collective agreements; arbitration awards; any other manner consistent
with national practice as may be appropriate under national conditions;
or - otherwise - national laws or regulations.
The Convention applies to all public or private trading
establishments, institutions and administrative services in which the
persons employed are mainly engaged in office work, including offices
of persons engaged in the liberal professions.
It also covers the administrative services of a certain number of
other establishments,48 but authorises, at the same time, a certain
46. The Weekly Rest (Commerce and Offices) Recommendation, 1957 (No. 103), recommends
that this standard be increased if possible to 36 hours, and to two days for young persons
under 15 years of age.
47. It adds that the traditions and customs of religious minorities shall, as far as possible, be
respected.
48. These comprise the trading branches of any other establishments, the branches of any other
establishments in which the persons employed are mainly engaged in office work, mixed
commercial and industrial establishments in so far as these establishments and offices are
not otherwise covered by the Convention or by national regulations or other arrangements
concerning weekly rest in industry or agriculture. States ratifying the Convention may also
extend its effect to cover:
a) establishments, institutions and administrative undertakings providing personal services;
b) postal and telecommunications services;
c) newspaper undertakings; and
d) theatres and places of public entertainment.
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49. i.e. establishments in which only members of the employers family who are not or cannot
be considered to be wage earners are employed, and persons holding high managerial
positions.
50. Special schemes are provided for in cases where the nature of the work, the nature of the
service performed by the establishment, the size of the population to be served, or the
numberof persons employed is such that the general scheme for weekly rest cannot be
applied. They shall be determined regard being paid to all proper social and economic
considerations. Employers and workers organizations shall be consulted.
51. These are authorised in case of accident, actual or threatened, force majeure or urgent work
to premises and equipment, in the event of abnormal pressure of work due to special
circumstances where other measures cannot normally be resorted to, and in order to prevent
the loss of perishable goods. In these cases there shall also be consultations with employers
and workers organizations and the granting of a compensatory period of rest.
52. In so far as wages are regulated by national legislation or subject to the control of
administrative authorities.
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Paid leave
Summary of the The duration of the annual holiday shall be specified by each
provisions State at the moment of ratification, but it shall be a minimum of three
weeks for one year of service. The length of the holiday can be
extended by further declarations.
For service of less than 12 months, a holiday with pay
proportionate to that length of service shall be granted, but a minimum
period of six months service be required.
Absences due to illness, injury, maternity, or other reasons
beyond the control of the employed person shall be counted as part of
the period of service.
Public and customary holidays shall not be counted as part of the
minimum annual holiday with pay. Under conditions to be determined
at national level, periods of incapacity for work resulting from sickness
or injury may not be counted as part of the minimum annual holiday.
The Convention also has provisions regarding the remuneration
of the worker while on holiday.
It provides for the possibility of dividing the annual holiday into
parts, one which will normally consist of two uninterrupted working
weeks. This period holiday shall be taken no later than one year from
the end of the year in respect of which the holiday entitlement arises,
and the remainder no later than 18 months from the same date. A
longer postponement is authorised within certain limits and with the
consent of the employed person concerned. In fixing the time for the
holiday, account shall be taken of work requirements and of the
opportunities for rest and relaxation available to the employed person.
Upon termination of employment, an employed person having
completed least six months service shall receive a holiday with pay
proportionate to the length of service for which a holiday has not been
taken, or compensation in lieu thereof or the equivalent holiday credit.
The Convention provides that agreement to relinquish the right to
the minimum annual holiday with pay or to forgo such a holiday, for
compensation shall be null and void (or be prohibited).
It authorizes each State to adopt special rules in respect of cases in
which the employed person engages, during the holiday, in a gainful
activity conflicting with the purpose of the holiday.
The Convention provides that measures shall be taken to ensure
the proper application and enforcement of provisions concerning
holidays with pay, by means of adequate inspection or otherwise.
Its provisions shall be given effect by national laws or regulations,
in so far as they are not otherwise made effective by means of collective
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53. The Seafarers Annual Leave with Pay Convention, 1976 (No. 146), provides that every
seafarer shall be entitled to annual leave with pay of no less than 30 calendar days for one
year of service.
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Summary of the The Convention provides that the ratifying State shall formulate
provisions and apply a policy designed to promote the granting of paid educational
leave.54
Its implementation may be by means of national laws and
regulations, collective agreements, arbitration awards, and so on.
The aims to be pursued (if need be by stages) are: training at any
level; general, social and civic education; trade union education. The
Convention specifies the following main objectives of this policy: the
acquisition, improvement and adaptation of occupational and
functional skills; the promotion of employment and job security in
conditions of scientific and technological development, for example; the
competent and active participation of workers and their representatives
in the life of the undertaking and of the community; the human, social
and cultural advancement of the workers; and continuing education
and training.
This policy shall take account of the stage of development and the
particular needs of the country and shall be co-ordinated with general
policies concerning employment, education and training and hours of
work.
The public authorities, employers and workers organizations and
the institutions concerned shall be associated with the formulation and
application of the policy in question.
Financing shall be on a regular and adequate basis.
Paid educational leave shall not be denied to workers on the
grounds of race, colour, sex, religion, political opinion, national
extraction or social origin.
The period of paid educational leave shall be assimilated to a
period of service for the purpose of establishing claims to social benefits
and their rights deriving from the employment relation.
54. This term means leave granted to a worker for educational purposes for a specified period
during working hours, with adequate financial entitlements.
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Summary of the The Convention, which applies to all branches of economic activity
provisions and to all workers (including the public service) - but with the possibility
(TR 5.31) of certain exclusions,55 provides that each ratifying State shall, in the
Occupational safety and health light of national conditions and practice, and in consultation with the
1. NATIONAL POLICY AND ACTION
C.155 Occupational Safety and Health, 1981
most representative organizations of employers and workers, formulate,
R.164 Occupational Safety and Health, 1981
C.161
R.171
Occupational Health Services, 1985
Occupational Health Services, 1985
implement and periodically review a coherent national policy on
2. PROTECTION AGAINST SPECIFIC RISKS
(chemicals, occupational cancer,
dangerous machinery, air pollution, etc.)
occupational safety, occupational health56 and the working environment.
3. PROTECTION IN GIVEN BRANCHES
OF ECONOMICAL ACTIVITIES
The aim of the policy shall be to prevent accidents and injury to
4. MEDICAL EXAMINATION FOR YOUNG PERSONS
5. SEAFARERS
health arising out of, linked with or occurring in the course of work, by
minimizing, so far as is reasonably practicable, the causes of hazards
inherent in the working environment.
The Convention defines the main spheres of action of such a
policy. It lays down a series of quite detailed provisions concerning
action at the national level and at the level of the undertaking.
In this context, it provides in particular for the adoption of laws or
regulations or any other appropriate method (including training) for
the operation of a system of inspection and for measures to be taken
from the design stage onwards, that is even prior to the introduction
into occupational use of machinery, substances, and so on.
It provides, among other things, that employers shall be required
to supply protective clothing and protective equipment and to ensure
that, so far as is reasonably practicable, the workplaces, machinery,
equipment, processes, substances, and so on, under their control are
safe and without risk to health.
Furthermore, it provides that workers and their representatives in
the undertaking shall co-operate in the fulfilment by their employer of
the obligations placed upon him, but also that a worker who has
removed himself from a work situation (which he shall report
forthwith) that he has reasonable justification to believe presents an
imminent and serious danger to his life or health shall be protected
from undue consequences.
56. Such as maritime shipping or fishing, or such limited categories of workers for which special
problems arise.
57. For the purpose of this Convention, the term health, in relation to work, indicates not
merely the absence of disease or infirmity; it also includes the physical and mental elements
affecting health which are directly related to safety and hygiene at work.
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Summary of the Each Member State bound by this Convention shall, after
provisions consultation of workers and employers organizations, as well as other
interested parties who may be affected, formulate, implement and
periodically review a coherent national policy on the protection of
workers, the public and the environment against the risk of major
accidents.
This Convention applies to installations at risk of major accident,
with the exclusion of nuclear and military installations.
Employers have an important responsibility in identifying
installations at risk and shall make known the appropriate responses,
especially the measures to be taken on the spot. Furthermore, they
shall draw up and deliver a highly detailed safety report and an
accident report as soon as any such accident occurs.
The competent authority (normally the government), for its part,
shall devise emergency plans and procedures to protect the
environment and the public in the vicinity of the site. The competent
authority shall also establish emergency plans and procedures and
make these known to the public on a regular basis. It shall also provide
for effective separation of zones containing major hazard installations
from residential zones. Similarly, regular inspection of the said
installations shall be provided for and organized in cooperation with
employers and workers.
The Convention sets out a series of rights and duties of workers
and their representatives, who effectively have the right to be informed
and consulted, to take certain corrective safety measures and, if need
be, to interrupt activities if there is a good reason. On the other hand,
workers shall comply with prescribed safety measures and established
emergency plans.
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CONVENTION NO. 13
White lead (painting), 1921
Aim of the standard The prevention of lead poisoning, an illness caused by sulphates
of lead and white lead58 in particular.
Summary of the The use of white lead, sulphate of lead and all products containing
provisions these pigments is forbidden in the internal painting of buildings.
(TR 5.32) The employment of young persons under 18 years of age and of
C.13
all women in painting work of an industrial character involving the use
WHITE LEAD (PAINTING), 1921
of these products is prohibited.
Prevention of lead poisoning,
an illness caused by
sulphates of lead
and white lead in particular
Permitted uses are regulated in accordance with principles
The use of white lead,
sulphate of lead and all
provided for by the Convention, which enumerates various hygiene
products containing these
pigments is prohibited in
the internal painting
of buildings
measures to be taken in such cases.
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59. Special levels shall be fixed for persons under the age of 18.
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Summary of the The Convention applies to all activities involving the exposure of
provisions workers to benzene60 and to products whose benzene content exceeds 1
(TR 5.34) per cent by volume.
C.136
It provides that, whenever harmless or less harmful substitute
BENZENE, 1971 products are available, they shall be used instead of benzene, with
Protection against the hazards
of poisoning arising from benzene
certain exceptions61. The use of benzene and products containing
Applies to all activities involving
the exposure of workers to benzene
benzene shall be prohibited in certain work processes.
and to products whose benzene
content exceeds 1 per cent by volume If this is not the case, occupational hygiene and technical
measures and adequate monitoring62 shall be implemented to ensure
effective protection of workers exposed to benzene, especially to
prevent the escape of benzene vapour into the air of places of
employment. The Convention specifies certain of these measures.
Pregnant women, nursing mothers and young persons under 18
years of age shall not be employed in work processes involving
exposure to benzene or products containing benzene.
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Summary of the The Convention entails the obligation for the ratifying State to
provisions determine periodicly the carcinogenic substances and agents to which
(TR 5.35) occupational exposure shall be prohibited or regulated and to make
C.139
OCCUPATIONAL
every effort to have carcinogenic substances and agents replaced by
CANCER
1974 non-carcinogenic ones, prescribe protective measures, supervisory
PREVENTION OF
OCCUPATIONAL CANCER measures63 information requirements and the necessary medical
OBLIGATION FOR THE STATE:
1. To determine periodically
the carcinogenic substances
examinations, tests or investigations.
and agents to which occupational
exposure shall be prohibited or regulated
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Summary of the The Convention applies to all activities involving the exposure of
provisions workers to asbestos in the course of work64.
(TR 5.36) National laws or regulations shall prescribe the measures to be
C.162
taken for the Prevention and control of, and the protection of workers
ASBESTOS, 1986
against, health hazards due to occupational exposure to asbestos. The
Prevention of occupational
hazards due to asbestos
employer is responsible for compliance, and enforcement is ensured by
Applies to all activities involving
the exposure of workers to asbestos
in the course of work
inspection,
National legislation shall prescribe
the measures to be taken to prevent
and control health hazards due
to occupational exposure to asbestos
and to protect workers
Exclusions, exemptions and revisions are regulated by the
against such risks
Convention.
The Convention enumerates various detailed measures for
protection and prevention, as well as for the monitoring of the
workplace and of the workers health.
64. The technical definition of the term asbestos, is given in Article 2 (a) of the Convention.
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65. Some particularly justified exclusions are authorised after consulting representative
organizations of employers and workers. The Convention does not apply to organisms.
66. The Chemicals Recommendation, 1990 (No. 177).
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Summary of the The Convention provides the general rule that no worker shall be
provisions required or permitted to engage in the manual transport of a load
(TR 5.39) which, by reason of its weight, is likely to jeopardize his or her health
C.127
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Summary of the The scope of the Convention is general. Like Convention No.
provisions 155, it applies to all branches of economic activity67. The ratifying State
(TR 5.40) may, however68, accept the obligations of the Convention separately in
C.148
respect of: (a) air pollution; (b) noise; and (c) vibration.
WORKING ENVIRONMENT
(AIR POLLUTION,
NOISE AND VIBRATION),
1977
The Convention provides that, as far as possible, the working
To keep the working
environment as free as possible
from any hazard due
to air pollution,
environment shall be kept free from any hazard due to air pollution,
noise or vibration
noise or vibration.
To achieve this, technical measures shall be applied to new plant
or processes, or added to existing plant or processes. Where this is not
possible, supplementary organizational measures shall be taken instead.
To this end, national laws or regulations shall prescribe that
measures be taken for the prevention and control of, and protection
against, occupational hazards in the working environment due to air
pollution, noise and vibration.
Provisions concerning the practical implementation of the
measures so prescribed may be adopted through technical standards,
codes of practice, and so on. The Convention provides for associating
representatives of employers and workers in this task and for
consultation with their respective organizations generally.
Employers are responsible for compliance with the prescribed
measures. Workers shall be required to comply with safety procedures.
Supervision shall be ensured by inspection services.
The Convention enumerates various measures for prevention, co-
operation at all levels, the information of all concerned, the notification
of authorities, supervision of the health of workers, and so on.
68. Except, after consultation with the organizations of employers and workers concerned,
exclusions of particular branches in respect of which special problems of a substantial nature
arise.
69. After consultation with employers and workers organizations.
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69. In trading, administrative and other establishments which are defined, along with
exceptions, in Articles 1, 2 and 3 of the Convention.
70. The Hygiene (Commerce and Offices) Recommendation, 1964.
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Summary of the This long Convention, which applies to all construction activities12
provisions (building, civil engineering, erection and dismantling on a site), from
(TR 5.42) the preparation of the site to the completion of the project, starts with a
C.167
71. After consultation with organizations of employers and workers, certain exclusions can be
introduced in respect of special and substantial problems.
72. This Convention revises the Safety Provisions (Building) Convention, 1937 (No. 62).
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CONVENTION NO. 27
Marking of weight (packages transported by vessels), 1929
Aim of the standard The marking of weights of 1,000 kg or more on packages or
objects transported by sea or inland waterways73.
Summary of the Any package or object of 1,000 kg or more gross weight shall
provisions have its gross weight plainly and durably marked upon it on the
(TR 5.43) outside before it is loaded on a ship or vessel.
C.27
It shall be left to national laws or regulations to determine on
MARKING OF WEIGHT (PACKAGES
TRANSPORTED BY VESSELS), 1929
whom the obligation for having the weight marked shall fall.
Marking of weights of 1, 000 kg
or more on packages transported
by sea or inland waterway
73. Implicitly: the protection of dock workers employed in loading and unloading operations.
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Summary of the This long Convention provides in detailed and practical fashion
provisions for the measures to be taken as regards dock work74 to protect workers
(TR 5.44) engaged in such operations from any risk of accident or injury to
C.152
OCCUPATIONAL SAFETY
health.
AND HEALTH (DOCK WORK), 1979
It revises the Protection against Accidents (Dockers) Convention,
Protection of dock workers
1929 (No. 28)75 and the Protection against Accidents (Dockers)
Describes in detailed
and in a very practical fashion
the measures to be taken
as regards dock work
Convention (Revised), 1932 (No. 32),76 taking technological
to protect workers engaged
in such operations
from any risk of accident
or injury to health
developments into account.
It sets out in detail standards for the provision and maintenance
of safe and healthy workplaces, equipment, means of access, training,
information and the necessary supervision, the use of protective
equipment, and the provision and development of first aid and rescue
facilities and emergency procedures. The Convention further lays
down rules for the application of these principles: the responsibilities of
the competent authorities and of others; cases in which authorizations
are required for notifications and investigations; cooperation between
several employers undertaking activities simultaneously at one
workplace; cooperation between employers and workers, and so on.
It provides for a system of inspections.77
74. The work of loading or unloading any ship as well as any work incidental thereto.
75. Protection against Accidents (Dockers) Convention, 1929.
76. Protection against Accidents (Dockers) Convention (Revised), 1932.
77. On a more general level than occupational safety and health, see the Dock Work
Convention, 1973 (No. 137).
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7. Social security
(TR 5.45) A large number of ILO standards are concerned with the
C.102
Social security promotion of social security for workers and their families. Those
C.118
social security (minimum standards), 1952
adopted before the Second World War deal with particular risks or
equality of treatment
C.157
(social security), 1962
C.128
invalidity, old age and survivors
benefits, 1967
countries into account.
C.130
medical care and sickness benefits, 1969 The basic text is Convention No. 102, 1952, which lays down
minimum standards of social security. It was based on systems used in a
number of industrial countries and on the accumulated experience of
ILO technical projects in developing countries between 1930 and 1950.
This Convention is still a benchmark for social security systems
worldwide. The Convention establishes nine branches of a complete
social security system: medical care, sickness, unemployment, old age,
employment injury, family, maternity, invalidity and survivors benefits.
The principal standards on social security are grouped as follows,
in accordance with the branches established by Convention No. 102:
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208
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Summary of the The Convention deals in a single instrument with the nine main
provisions branches of social security, namely: medical care,78 sickness benefit,78
unemployment benefit,79 old-age benefit,80 employment injury
benefit,81 family benefit, maternity benefit,82 invalidity benefit80 and
survivors benefit80.
Acceptance of three of these nine branches is sufficient for
ratification. One at least of the three branches accepted shall be
unemployment benefit, employment injury benefit, old-age benefit,
invalidity benefit or survivors benefit. A State may subsequently
accept obligations arising out of other parts of the Convention.
Article 3 of the Convention authorises a certain number of
temporary exceptions for a Member State whose economy and
medical facilities are insufficiently developed.
The Convention provides for medical care (and certain other
benefits in kind in certain cases) and for cash benefits in the form of
periodic payments.
In addition to certain common provisions (such as definitions and
administration, standards to be complied with by periodic payments,
finance, and appeals), the Convention has provisions for each branch,
appropriate to the definition of the contingencies covered, including the
minimum coverage persons protected), the levels of benefits, their
duration and the qualifying conditions for the beneficiaries. On these
points, the Convention is formulated with the flexibility necessary to
account for a variety of schemes and levels of development.
The scope of coverage is generally determined in three ways, the
choice of which rests with the ratifying State, with reference to (a)
classes of employees, (b) classes of the economically active population,
or (c) means of residents.
78. See also, where necessary, the Medical Care and Sickness Benefits Convention, 1969 (No.
130) (higher standards).
79. See also the Employment Promotion and Protection against Unemployment Convention (No.
168) and Recommendation (No. 176), 1988, the aim of which is the co-ordination, at
national level, of the system of protection against unemployment with employment policy (in
particular: promotion of full, productive and freely chosen employment).
80. See also, where necessary, the Invalidity, Old-Age and Survivors Benefits Convention, 1967
(No. 128) (higher standards).
81. See also, where necessary, the Employment Injury Benefits Convention, 1964 (No. 121)
(higher standards).
82. See the Maternity Protection Convention, 1919 (No. 3), and the Maternity Protection
Convention (Revised), 1952 (No. 103).
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83. For these categories of workers, see the Social Security (Seafarers) Convention, 1946 (No. 70),
and the Seafarers Pensions Convention, 1946 (No. 71).
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Summary of the Ratifying States undertake to grant to nationals of any other State
provisions for which the Convention is also in force and to refugees and stateless
persons equality of treatment with their own nationals in respect of
social security.
Such equality of treatment applies to coverage and the right to
benefits. It shall be granted in respect of every branch of social security
for which the ratifying State has accepted the obligations of the
Convention.
Equality of treatment shall be accorded without any condition of
residence.84
The obligations of the Convention may be accepted in respect of
one or more of the following social security branches for which the
ratifying State has in effective operation legislation covering its own
nationals within its own territory: medical care; sickness benefit;
maternity benefit; invalidity benefit; old-age benefit; survivors benefit;
unemployment injury benefit;85 unemployment benefit; and family
benefit.
The Convention does not apply to special schemes for civil
servants, schemes for war victims or public assistance.
It provides that certain benefits (invalidity, old-age, survivors,
death grants and employment injury pensions) shall be guaranteed,
even when they are resident abroad, to the nationals of the ratifying
State, as well as to nationals of any other State that has accepted the
obligations of the Convention for the corresponding branch. Family
allowances shall be guaranteed, both to nationals of the State and to
nationals of any other State which has accepted the obligations of the
Convention for the same branch, in respect of children resident within
the territory of one of these States.
The Convention provides that States that have ratified it shall
endeavour to participate in schemes for the maintenance of acquired
rights and rights in the course of acquisition.
84. Certain benefits payable from non-contributory schemes may be made subject to a prior
period of residence.
85. cf. the Equality of Treatment (Accident Compensation) Convention, 1925 (No. 19). This
Convention, which has been ratified by a considerable number of Member States, provides (in
addition to equality of treatment) that ratifying States shall institute a system of workmens
compensation, whether by insurance or otherwise, if they do not already have one.
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Summary of the This very technical and complex Convention seeks to promote, on
provisions a general level, wide-ranging but flexible co-ordination between
national social security schemes, taking account of the differences in
their respective levels of development.
Flexibility is assured by a distinction made between provisions
applicable upon ratification and obligations to which application may
be given by bilateral or multilateral agreements.86 Certain derogations
are possible, either by way of special arrangements between countries,
or subject to compensatory guarantees at the date of ratification.
The Convention seeks to protect not only salaried employees and
self-employed persons, within the territory of a ratifying State, but also
such other persons as the members of the families of the employees
concerned.
Possible benefits - the payment of which is subject to appropriate
reciprocity according to each case - are in respect of the nine
contingencies referred to above.
The Convention has provisions for adding together periods of
insurance, employment, occupational activity or residence under
schemes for the maintenance of rights in course of acquisition.
It also provides in appropriate conditions for the maintenance of
acquired rights to the various types of benefits having regard to the
legislation which the countries concerned have in force for the branch
concerned.
Each State bound by this Convention shall guarantee the
provision of invalidity, old-age and survivors cash benefits, pensions in
respect of employment injuries and death grants, to which a right is
acquired under its legislation, to beneficiaries who are nationals of a
State also bound by this Convention, or refugees or stateless persons,
irrespective of their place of residence.
The Convention also deals with administrative assistance and
assistance to persons covered.
86. The Maintenance of Social Security Rights Recommendation, 1983 (No. 167), has made
provisions for the conclusion of bilateral or multilateral social security instruments.
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8. Employment of women
(TR 5.46) The earlier ILO standards on the employment of women sought
Standards concerning the employment of women,
children and young persons
essentially to protect them against abuses in their conditions of work,
C.3 maternity protection, 1919
C.103
C.45
maternity protection (revised), 1952
C.138
night work, (women) (revised), 1948,
and protocol, 1990
minimum age, 1973
(including Convention No. 100, on equal remuneration, and
C.79
C.90
night work of young persons
(non-industrial occupations), 1946
night work of young persons
(industry) (revised), 1948
Convention No. 111 on discrimination, which are mentioned above)
C.77
C.78
medical examination of young persons
(industry), 1946
medical examination of young persons
are designed to secure for women workers the same rights and
(non-industrial occupations), 1946
C.124
C.182
medical examination of young persons
(underground work), 1965
prohibition and immediate elimination
treatment as those enjoyed by men.
The principal standards on the employment of women are
of the worst forms of child labour
Maternity protection
Maternity Protection Convention, 1919 (No. 3) [see under
Social Security].
Maternity Protection Convention (Revised), 1952 (No. 103),
and Recommendation (No. 95), 1952 [see under Social
Security].
Night work
Night Work (Women) Convention, 1919 (No. 4).
Night Work (Women) Convention (Revised), 1934 (No. 41).
Night Work (Women) Convention (Revised), 1948 (No. 89)
[and Protocol, 1990].
Underground work
Underground Work (Women) Convention, 1935 (No. 45).
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Maternity protection
CONVENTION NO. 3
Maternity protection, 1919
CONVENTION NO. 103
Maternity protection (revised), 1952
Joint aim of the Twelve weeks of maternity leave with entitlement to cash benefits
two standards and medical care.
Duration of leave
A. Convention No. 3 grants six weeks before the presumed date of
confinement and six weeks after confinement.
B. Convention No. 103 provides for a minimum of 12 weeks
maternity leave, six of which shall be taken compulsorily after
confinement. This period of leave shall be extended by any
period elapsing between the presumed date of confinement and
the actual date of confinement, as well as in the case of illness
arising out of pregnancy or confinement.
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Nursing
A. According to Convention No. 3, the woman shall be allowed
half an hour during her working day to nurse her child.
B. According to Convention No. 103, if the woman is nursing her
child, she shall be entitled to interrupt her work for this
purpose and these interruptions shall be counted as working
hours and remunerated accordingly.
Prohibition of dismissal
A and B. Conventions Nos. 3 and 103 prohibit giving notice of
dismissal to a woman during her absence from work on maternity
leave or giving her notice of dismissal at such a time that the
notice would expire during such absence.
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Night work
CONVENTION NO. 89
Night work (women) (revised), 1948 [and Protocol, 1990]
Aim of the standard The prohibition of night work for women in industry, while
allowing some flexibility under certain conditions.
Summary of the Women without distinction of age shall not be employed during
provisions the night1 in any public or private industrial undertaking.2
Certain exemptions, suspensions and reductions of the norm are
authorised by the Convention in clearly defined cases.
The Convention does not apply to women holding responsible
positions of a managerial or technical character or to women employed
in health and welfare services who are not ordinarily engaged in
manual work.
The 1990 Protocol has enlarged the flexibility of the Convention.
Thus, national laws or regulations (adopted after consulting the
organizations of employers and workers) may authorize the competent
authority to modify the duration of the night or to introduce
exemptions from the prohibition within certain limits - always after
consulting the organizations of employers and workers - as follows:
with the agreement of the said organizations in a specific
branch of activity or occupation;
on the basis of an agreement between the employer and the
workers representatives in one or more specific establishments;
for a specified period after having established that adequate
safeguards exist, when no agreement has been reached.
Variations and exemptions shall be prohibited,3 during a period of
eight weeks each before and after childbirth, as well as (with a medical
certificate) during pregnancy and a specified period afterwards. The
prohibition of dismissal and the maintenance of income apply during
the same periods.
87. At least 11 consecutive hours, of which seven shall be between 10 p.m. and 7 a.m.
88. Except for undertakings in which only members of the same family are employed.
89. Laws and regulations may allow the woman to request the lifting of the prohibition if there
is no danger for her and the child.
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Underground work
CONVENTION NO. 45
Underground work (women), 1935
Aim of the standard The prohibition of the employment of women on underground
work in any mine.
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C.103
C.45
maternity protection (revised), 1952
C.138
night work, (women) (revised), 1948,
and protocol, 1990
minimum age, 1973
principal standards on the employment of children and young persons
C.79
C.90
night work of young persons
(non-industrial occupations), 1946
night work of young persons
(industry) (revised), 1948
are grouped into the following categories:
C.77 medical examination of young persons
(industry), 1946
C.78 medical examination of young persons
(non-industrial occupations), 1946
C.124 medical examination of young persons
(underground work), 1965
C.182 prohibition and immediate elimination
of the worst forms of child labour
Exception for
Recommendation (No. 124), 1965
C.138 General developing
Basic
minimum 15 14
age
(No. 146), 197390
Normally: 18
Dangerous NO
Under certain
work EXCEPTIONS
conditions: 16
Light
work
13 12
Night work
Night Work of Young Persons (Industry) Convention, 1919
Children at school, not at work
THE PROBLEM
(No. 6)
OF CHILD LABOUR:
The way this problem has evolved led to the adoption of the
MINIMUM AGE CONVENTION, 1973 (No. 138), which concerns
admission to employment or work, and which should gradually
supersede the earlier texts.
Night Work of Young Persons (Industry) Convention (Revised),
1948 (No. 90)
It was supplemented by Recommendation No. 146, 1973.
THE PROBLEM
OF THE MOST INTOLERABLE
FORMS OF CHILD LABOUR
This is the subject
of a proposed (short)
Night Work of Young Persons (Non-Industrial Employment)
Convention to be submitted
to the International
Labour Conference
in 1999. Convention (No. 79) and Recommendation (No. 80), 1946
Night Work of Children and Young Persons (Agriculture)
Recommendation, 1921 (No. 14)
90. For reasons of pedagogic coherence, Convention No. 138 concerning the minimum age of
admission to employment and work is mentioned in this section, but as that Convention is
one of the seven Conventions on basic rights, it is treated together with the latter at the
beginning of this Part.
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Medical examination
Medical Examination of Young Persons (Industry), Convention,
1946 (No. 77)
Medical Examination of Young Persons (Non-Industrial
Employment) Convention, 1946 (No. 78)
Medical Examination of Children and Young Persons
Recommendation, 1946 (No. 79)
Medical Examination of Young Persons (Underground Work)
Convention, 1965 (No. 124)
Underground work
Conditions of Employment of Young Persons (Underground
Work) Recommendation, 1965 (No. 125)
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Night work
CONVENTION NO. 79
Night work of young persons (non-industrial Occupations), 1946
CONVENTION NO. 90
Night work of young persons (industry) (revised), 1948
Joint aim of the two Abolition of night work for children and young persons.
standards
Summary of the A. Convention No. 79 applies to all occupations5 other than
provisions occupations recognised as industrial, agricultural6 or maritime.7
Children under 14 years of age (or older if they are still subject to
full-time compulsory school attendance) shall not be employed
nor work at night during a period of at least 14 consecutive
hours, including the interval between 8 p.m. and 8 a.m.
Persons aged between 14 and 18 years of age who are no
longer subject to full-time compulsory school attendance shall
not be employed nor work at night during a period of at least
12 consecutive hours, including the interval between 10 p.m.
and 6 a.m.
The Convention sets the conditions for the few admissible
exceptions and exemptions.
Particularly strict conditions (relating to morality, health and
timing) are set for licences granted for participation in public
performances or in the making of cinematographic films.
A system of inspection is provided for.
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Medical examination
CONVENTION NO. 77
Medical examination of young persons (industry), 1946
CONVENTION NO. 78
Medical examination of young persons (non-industrial occupations), 1946
CONVENTION NO. 124
Medical examination of young persons (underground work), 1965
Joint aim of the Compulsory thorough medical examination (periodically
three standards95 renewable) before admission to employment of children and young
persons.
95. See also the Medical Examination of Young Persons (Sea) Convention, 1921 (No. 16) (age limit
18 years), the Medical Examination (Seafarers) Convention, 1946 (No. 73), and the Medical
Examination (Fishermen) Convention, 1959 (No. 113) (the last two provide no age limit, but
for fishermen under 21 years of age, the validity of the certificate is limited to one year).
96. Including work for the extraction of minerals (mines, quarries, etc.).
97. The Conventions authorize States which had prior laws or regulations in the matter to
substitute an age lower than 18 years, but in no case lower than 16 years.
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CONVENTION NO. 97
Migration for employment (revised), 1949
Aim of the standard Assistance, information, protection and equality of treatment for
migrant workers.
101. It does not apply to frontier workers, seamen or short-term entry of members of the liberal
professions and artistes.
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102. i.e. (a) in so far as such matters are regulated by law or regulations, or are subject to the
control of administrative authorities: remuneration, hours of work, overtime arrangements,
holidays with pay, restrictions on home work, minimum age for employment, apprenticeship
and training, womens work and the work of young persons, membership of trade unions
and enjoyment of the benefits of collective bargaining, and accommodation; (b) social security
subject to certain limitations; (c) employment taxes, dues or contributions payable in respect of
the person employed; and (d) legal proceedings relating to the matters mentioned above.
103. The Convention also comprises three annexes (any or all of which may be excluded upon
ratification of the Convention by a State). The first two deal with recruitment, placing and
conditions of labour of migrants for employment recruited otherwise than under, and under,
government-sponsored arrangements for group transfer. The third deals with the
importation of the personal effects, tools and equipment of migrants for employment. The
Convention is supplemented by a Recommendation, i.e. the Migration for Employment
Recommendation (Revised), 1949 (No. 86), whose annex, in turn, is a model agreement on
temporary and permanent migration for employment, including migration of refugees and
displaced persons. See also the Protection of Migrant Workers (Underdeveloped Countries)
Recommendation, 1955 (No. 100).
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104. For example, the persons concerned shall not bear the cost of any eventual expulsion.
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105. The Migrant Workers Recommendation, 1975 (No. 151), lays down the measures to be
taken to ensure the respect of the principle of equality of opportunity and treatment, as well
as the principles of social policy to be followed.
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C. INLAND WATERWAYS
General standards
Hours of Work (Inland Waterways) Convention, 1920 (No. 8).
E. PLANTATIONS
Seafarers Identity Documents Convention, 1958 (No. 108).
Plantations Convention, 1958 (No. 110) [and Protocol, 1982].
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Certificate of competency
Officers Competency Certificates Convention, 1936 (No. 53).
Certification of Ships Cooks Convention, 1946 (No. 69).
Certification of Able Seamen Convention, 1946 (No. 74).
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Labour inspection
Labour Inspection (Seamen) Recommendation, 1926 (No. 28).
Labour Inspection (Seafarers) Convention (No. 178), 1996
Social security
Unemployment Indemnity (Shipwreck) Convention, 1920 (No. 8).
Unemployment Insurance (Seamen) Recommendation, 1920
(No. 10).
Shipowners Liability (Sick and Injured Seamen) Convention,
1936 (No. 55).
Sickness Insurance (Sea) Convention, 1936 (No. 56).
Social Security (Seafarers) Convention, 1946 (No. 70).
Seafarers Social Security (Agreements) Recommendation,
1946 (No. 75).
Seafarers (Medical Care for Dependants) Recommendation,
1946 (No. 76).
Seafarers Pensions Convention, 1946 (No. 71).
Social Security (Seafarers) Convention (Revised) (No. 165), 1987.
b) Fishermen
Hours of Work (Fishing) Recommendation, 1920 (No. 7).
Minimum Age (Fishermen) Convention, 1959 (No. 112).
Medical Examination (Fishermen) Convention, 1959 (No. 113).
Fishermens Articles of Agreement Convention, 1959 (No. 114).
Fishermens Competency Certificates Convention, 1966 (No. 125).
Accommodation of Crews (Fishermen) Convention, 1966
(No. 126).
Vocational Training (Fishermen) Recommendation, 1966
(No. 126).
c) Inland navigation
Hours of Work (Inland Navigation) Recommendation, 1920
(No. 8).
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d) Dock workers
Dock Work Convention (No. 137) and Recommendation (No.
145), 1973.
See also Protection in particular branches of activity, above.
e) Plantations
Plantations Convention, 1958 (No. 110) [and Protocol, 1982].
Plantations Recommendation, 1958 (No. 110).
g) Service personnel
See below:
1. Commerce and offices
2. Catering
3. Nursing personnel
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Seafarers
The special nature of the working and living conditions of
seafarers has led the Conference to adopt an extensive range of over 50
Conventions and Recommendations applying specifically to such
workers and, in certain cases, to fishermen.
General standards
Some of the standards adopted for seafarers are of a general
nature. The most important of these is undoubtedly Convention No.
147, of 1976, which aims to ensure the observance in merchant ships
of a wide range of standards, including those laid down in many of the
Conventions enumerated below. In particular, any ratifying country
undertakes to have appropriate laws on safety, social security and
conditions of work and life on board ship, and to verify their
application by inspection or otherwise. Another important maritime
Convention of a general nature is Convention No. 108, of 1958, which
requires a government to issue a seafarers identity document to each of
its nationals who is a seafarer.
Certificates of competency
A number of ILO standards are designed to ensure that only
properly qualified persons may be engaged for certain duties on board
ship. Thus Convention No. 53, of 1936, contains provisions on the
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Social security
As early as 1920, standards were adopted to provide for
unemployment benefits for seafarers (Convention No. 8 and
Recommendation No. 10); and in 1936 two further social security texts
were added: the Shipowners Liability (Sick and Injured Seamen)
Convention (No. 55), and the Sickness Insurance (Sea) Convention
(No. 56). Post-war standards relating to seafarers include the Social
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Fishermen
Since most of the Conventions concerning seafarers do not apply
to fishermen, a series of texts has been adopted for this category of
workers. These cover matters such as the minimum age for admission
to employment as fishermen (Convention No. 112, 1959), medical
examinations (Convention No. 113, 1959), articles of agreement
(Convention No. 114, 1959), competency certificates (Convention No.
125, 1966), accommodation of crews (Convention No. 126, 1966) and
vocational training (Recommendation No. 126, 1966).
Dock workers
The need for special measures regulating working conditions of
dock workers is reflected in a number of standards, mentioned above
under occupational health and safety. More recently, the ILO has
adopted two important instruments on the subject, namely Convention
No. 137 and Recommendation No. 145, both of 1973, on the social
repercussions of the new methods of cargo handling in docks. These
texts state that there should be a national policy to promote the regular
employment of dock workers, and they indicate the means by which
this policy should be implemented.
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Service personnel
Commerce and offices
Noteworthy among the instruments concerning workers
employed in commerce and offices are: the Hours of Work (Commerce)
Convention (No. 30), 1930; the Weekly Rest (Commerce and Offices)
Convention, 1957 (No. 106) and Weekly Rest (Commerce and Offices)
Recommendation, 1957 (No. 103); and the Hygiene (Commerce And
Offices) Convention, 1964 (No. 120) and Hygiene (Commerce And
Offices) Recommendation, 1964 (No. 120). (See also Conditions of Work.)
Other instruments concern specific categories of service workers:
Catering
Convention No. 172 and Recommendation No. 178, of 1991, deal
with working conditions in hotels, restaurants and similar
establishments.
Article 3:
1. Each Member shall, with due respect to the autonomy of the
employers and workers organizations concerned, adopt and apply, in a
manner appropriate to national law, conditions and practice, a policy
designed to improve the working conditions of the workers concerned.
2. The general objective of such a policy shall be to ensure that the
workers concerned are not excluded from the scope of any minimum
standards adopted at the national level for workers in general, including
those relating to social security entitlements.
Nursing personnel
At its 1977 Session, the Conference adopted the Nursing
Personnel Convention (No. 149), with a complementary
Recommendation (No. 157), concerning the employment, training,
career development, remuneration, hours of work and rest periods,
health protection, and social security of nurses and their participation
in the determination of conditions affecting their employment.
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Appoint a reporter and organize your progress report to include the key
3 Progress points on a visual aid.
report The instructor will chair a general discussion based on each groups
conclusions, as presented by its reporter to a plenary session.
239
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Article 1
Each Member of the International Labour Organization for which this
Convention is in force undertakes to give effect to the following
provisions.
Article 2
Workers and employers, without distinction whatsoever, shall have the
right to establish and, subject only to the rules of the organization
concerned, to join organizations of their own choosing without
previous authorisation.
Article 3
1. Workers and employers organizations shall have the right to draw
up their constitutions and rules, to elect their representatives in full
freedom, to organize their administration and activities and to
formulate their programmes.
2. The public authorities shall refrain from any interference which
would restrict this right or impede the lawful exercise thereof.
Article 4
Workers and employers organizations shall not be liable to be
dissolved or suspended by administrative authority.
Article 5
Workers and employers organizations shall have the right to establish
and join federations and confederations and any such organization,
federation or confederation shall have the right to affiliate with
international organizations of workers and employers.
Article 6
The provisions of Articles 2, 3 and 4 hereof apply to federations and
confederations of workers and employers organizations.
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Article 7
The acquisition of legal personality by workers and employers
organizations, federations and confederations shall not be made subject
to conditions of such a character as to restrict the application of the
provisions of Articles 2, 3 and 4 hereof.
Article 8
1. In exercising the rights provided for in this Convention workers and
employers and their respective organizations, like other persons or
organized collectivities, shall respect the law of the land.
2. The law of the land shall not be such as to impair, nor shall it be so
applied as to impair, the guarantees provided for in this Convention.
Article 9
1. The extent to which the guarantees provided for in this Convention
shall apply to the armed forces and the police shall be determined by
national laws or regulations.
2. In accordance with the principle set forth in paragraph 8 of article 19
of the Constitution of the International Labour Organization the
ratification of this Convention by any Member shall not be deemed
to affect any existing law, award, custom or agreement in virtue of
which members of the armed forces or the police enjoy any right
guaranteed by this Convention.
Article 10
In this Convention the term [ organization ] means any organization
of workers or of employers for furthering and defending the interests of
workers or of employers.
Article 11
Each Member of the International Labour Organization for which this
Convention is in force undertakes to take all necessary and appropriate
measures to ensure that workers and employers may exercise freely the
right to organize.
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Article 2
1. Workers and employers organizations shall enjoy adequate
protection against any acts of interference by each other or each
others agents or members in their establishment, functioning or
administration.
2. In particular, acts which are designed to promote the establishment
of workers organizations under the domination of employers or
employers organizations, or to support workers organizations by
financial or other means, with the object of placing such
organizations under the control of employers or employers
organizations, shall be deemed to constitute acts of interference
within the meaning of this Article.
Article 3
Machinery appropriate to national conditions shall be established,
where necessary, for the purpose of ensuring respect for the right to
organize as defined in the preceding Articles.
Article 4
Measures appropriate to national conditions shall be taken, where
necessary, to encourage and promote the full development and
utilisation of machinery for voluntary negotiation between employers
or employers organizations and workers organizations, with a view to
the regulation of terms and conditions of employment by means of
collective agreements.
Article 5
242
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Article 6
This Convention does not deal with the position of public servants
engaged in the administration of the State, nor shall it be construed as
prejudicing their rights or status in any way.
243
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244
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Equal remuneration
Approximate time: 120 min
Under the terms of Convention No. 100, a State must encourage and,
1 Introduction in so far as the methods in operation for determining rates of
remuneration permit, ensure that the principle of equal remuneration
for men and women workers for work of equal value is applied to all
workers.
The aim of this activity is to discuss:
the content of the Equal Remuneration Convention (No. 100) and
the Equal Remuneration Recommendation (No. 90)
the national situation and the role of trade unions in promoting
respect for the principles contained in those instruments.
245
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246
Activity 4 Part 123456789JK
The Paid Educational Leave Convention, 1974 (No. 140), recognizes the
1 Introduction need for continuing education and training, and the fact that this need
should be met, at least in part, through paid educational leave.
The aim of this activity is to understand the importance of paid
educational leave for the future development of trade union training
systems.
247
Activity 4 Part 123456789JK
Article 2
Each Member shall formulate and apply a policy designed to promote,
by methods appropriate to national conditions and practice and by
stages as necessary, the granting of paid educational leave for the
purpose of
a) training at any level;
b) general, social and civic education;
c) trade union education.
Article 3
That policy shall be designed to contribute, on differing terms as
necessary:
a) to the acquisition, improvement and adaptation of occupational and
functional skills, and the promotion of employment and job security
in conditions of scientific and technological development and
economic and structural change;
b) to the competent and active participation of workers and their
representatives in the life of the undertaking and of the community;
c) to the human, social and cultural advancement of workers; and
d) generally, to the promotion of appropriate continuing education and
training, helping workers to adjust to contemporary requirements.
Article 4
The policy shall take account of the stage of development and the
particular needs of the country and of different sectors of activity, and
shall be co-ordinated with general policies concerning employment,
education and training as well as policies concerning hours of work,
with due regard as appropriate to seasonal variations of hours of work
or of volume of work.
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Article 5
The means by which provision is made for the granting of paid
educational leave may include national laws and regulations, collective
agreements, arbitration awards, and such other means as may be
consistent with national practice.
Article 6
The public authorities, employers and workers organizations, and
institutions or bodies providing education and training shall be
associated, in a manner appropriate to national conditions and practice,
with the formulation and application of the policy for the promotion of
paid educational leave.
Article 7
The financing of arrangements for paid educational leave shall be on a
regular and adequate basis and in accordance with national practice.
Article 8
Paid educational leave shall not be denied to workers on the ground of
race, colour, sex, religion, political opinion, national extraction or social
origin.
Article 9
As necessary, special provisions concerning paid educational leave shall
be established
a) where particular categories of workers, such as workers in small
undertakings, rural or other workers residing in isolated areas, shift
workers or workers with family responsibilities, find it difficult to fit
into general arrangements;
b) where particular categories of undertakings, such as small or
seasonal undertakings, find it difficult to fit into general
arrangements, it being understood that workers in these
undertakings would not be excluded from the benefit of paid
educational leave.
Article 10
Conditions of eligibility for paid educational leave may vary according
to whether such leave is intended for
a) training at any level;
b) general, social or civic education; or
c) trade union education.
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Article 11
A period of paid educational leave shall be assimilated to a period of
effective service for the purpose of establishing claims to social benefits
and other rights deriving from the employment relation, as provided
for by national laws or regulations, collective agreements, arbitration
awards or such other means as may be consistent with national
practice.
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Additional bibliography:
International Labour Law
Von Potobsky/Valticos
Kluwer Law and Taxation Publishers
Deventer, Netherlands 1995
Constitution of the International Labour Organisation.
ILO Geneva 1994
La Organizacin Internacional del Trabajo
[The International Labour Organization]
Geraldo W. Von Potobsky, Hctor G. Bartolomei de la Cruz, Buenos
Aires 1990.
252
International Labour Office
Geneva
International Training Centre
of the ILO - Turin
5 Transparencies
FREEDOM OF ASSOCIATION
C.87 C.98
Freedom of Association Right to Organize and
and Protection of the Right Collective Bargaining, 1949
to Organize, 1948
Transparency 5.1
255
Part 123456789JK
C.87
FREEDOM OF
ASSOCIATION AND
PROTECTION OF
The right, freely
THE RIGHT TO exercised, of workers
ORGANIZE, and employers,
without distinction,
1948 to organize for furthering
and defending
their interests.
Transparency 5.2
257
Part 123456789JK
C.98
Non-interference between
workers organizations
and employers organizations
Promotion of voluntary
collective bargaining
Transparency 5.3
259
Part 123456789JK
C.141
RURAL WORKERS
ORGANIZATIONS,
1975
Freedom of association for rural workers
Encouragement of their organizations
Participation in economic and social development
Transparency 5.4
261
Part 123456789JK
C.135
WORKERS
REPRESENTATIVES, 1971
Transparency 5.5
263
Part 123456789JK
C.151
LABOUR RELATIONS
(PUBLIC SERVICE), 1978
Transparency 5.6
265
Part 123456789JK
Forced Labour
C.29
C.105
Transparency 5.7
267
Part 123456789JK
C.100
EQUAL
REMUNERATION,
1951
Equal remuneration
for men and women
for work of equal value
Transparency 5.8
269
Part 123456789JK
C.111
DISCRIMINATION
(EMPLOYMENT AND
To promote equality of OCCUPATION),
opportunity and treatment in 1958
employment and occupation, as a means
toward eliminating all discrimination in
respect thereof.
Transparency 5.9
271
Part 123456789JK
C.156
Transparency 5.10
273
Part 123456789JK
Number of
ratifications Conventions
124 No 87 Freedom of Association and
Protection of the Right to Organize, 1948
Transparency 5.11
275
Part 123456789JK
Employment
EMPLOYMENT POLICY:
Convention n 122: Employment Policy, 1964
Convention n 168: Employment Promotion and
Protection against Unemployment, 1988
Recommendation n169: Employment Policy
(Supplementary Provisions), 1984
EMPLOYMENT SERVICES
AND AGENCIES:
Convention n 88: Employment Service, 1948
EMPLOYMENT SECURITY:
Convention n 158: Termination of Employment, 1982
Transparency 5.12
277
Part 123456789JK
C.122
Transparency 5.13
279
Part 123456789JK
C.88
Transparency 5.14
281
Part 123456789JK
C.142
HUMAN
RESOURCES
DEVELOPMENT,
1975
Development of policies
and programmes
of vocational guidance
and training closely linked
with employment.
Transparency 5.15
283
Part 123456789JK
C.159
VOCATIONAL
REHABILITATION
AND EMPLOYMENT
(DISABLED PERSONS),
1983
To ensure
suitable employment and
social integration
for disabled persons, in conditions
of full participation and equality
Transparency 5.16
285
Part 123456789JK
C. 158
TERMINATION OF
Protects against termination EMPLOYMENT,
of employment without valid reason 1982
Establishes the principle
of explaining
termination
of employment
Transparency 5.17
287
Part 123456789JK
C. 117
SOCIAL POLICY
(BASIC AIMS AND
STANDARDS),
1962 All policies shall be primarily directed
to the well-being and development
of the population and to the promotion
of its desire for social progress.
Transparency 5.18
289
Part 123456789JK
C. 127
COOPERATIVES
(DEVELOPING COUNTRIES),
1966
Sets national
policy objectives to encourage
the establishment and
development of cooperatives
through appropriate
legislation, education and
training, and financial
and administrative assistance.
Provides measures
for supervisory
mechanisms to implement
such policies.
Transparency 5.19
291
Part 123456789JK
C.150
Transparency 5.20
293
Part 123456789JK
Labour inspection
C.81 (1947) + protocol (1995)
Technical cooperation:
Transparency 5.21
295
Part 123456789JK
C. 129
LABOUR INSPECTION
(AGRICULTURE), 1969
Transparency 5.22
297
Part 123456789JK
C.160
Transparency 5.23
299
Part 123456789JK
C.144
TRIPARTITE CONSULTATIONS
(INTERNATIONAL
LABOUR STANDARDS),
1976
Effective consultation among the
representatives of the government,
of employers and of workers on the
implementation
of international
labour standards.
Transparency 5.24
301
Part 123456789JK
C.154
Transparency 5.25
303
Part 123456789JK
C. 131
Transparency 5.26
305
Part 123456789JK
C.94
GENERAL PRINCIPLES:
to ensure minimum labour standards
in the execution of public contracts
Transparency 5.27
307
Part 123456789JK
C.95
Transparency 5.28
309
Part 123456789JK
Transparency 5.29
311
Part 123456789JK
C. 47
Adoption or encouragement
of measures deemed appropriate
for achieving that aim
Transparency 5.30
313
Part 123456789JK
Transparency 5.31
315
Part 123456789JK
C.13
Transparency 5.32
317
Part 123456789JK
C.115
RADIATION
PROTECTION,
1960
Protection of workers
against ionizing radiations
Transparency 5.33
319
Part 123456789JK
C.136
BENZENE, 1971
Transparency 5.34
321
Part 123456789JK
C.139
OCCUPATIONAL
CANCER
1974
PREVENTION OF
OCCUPATIONAL CANCER
1. To determine periodically
the carcinogenic substances
and agents to which occupational
exposure shall be prohibited or regulated
Transparency 5.35
323
Part 123456789JK
C.162
ASBESTOS, 1986
Prevention of occupational
hazards due to asbestos
Transparency 5.36
325
Part 123456789JK
C. 170
CHEMICALS, 1990
To prevent chemically
induced illnesses
and injuries at work
Transparency 5.37
327
Part 123456789JK
C.119
The obligation
of employers
to inform workers
about dangers
in the use
of machinery
Transparency 5.38
329
Part 123456789JK
C.127
protection of workers
against hazards
arising out
of the weight of loads
Transparency 5.39
331
Part 123456789JK
C.148
WORKING ENVIRONMENT
(AIR POLLUTION,
NOISE AND VIBRATION),
1977
Transparency 5.40
333
Part 123456789JK
C. 120
Transparency 5.41
335
Part 123456789JK
C.167
To ensure
safety
and health
in construction
Applies to
all construction
activities, from
the preparation
of the site
to the completion
of the project
Transparency 5.42
337
Part 123456789JK
C.27
Transparency 5.43
339
Part 123456789JK
C.152
OCCUPATIONAL SAFETY
AND HEALTH (DOCK WORK), 1979
Transparency 5.44
341
Part 123456789JK
Social security
C.102
social security (minimum standards), 1952
C.118
equality of treatment
(social security), 1962
C.157
maintenance of social security rights, 1982
C.168
employment promotion and protection
against unemployment, 1988
C.128
invalidity, old age and survivors
benefits, 1967
C.130
medical care and sickness benefits, 1969
Transparency 5.45
343
Part 123456789JK
Transparency 5.46
345
Part 123456789JK
C.138/C.182
Transparency 5.47
347
Part 123456789JK
Minimum age
Exception for
C.138 General developing
countries
Basic
minimum 15 14
age
Normally: 18
Dangerous NO
Under certain
work EXCEPTIONS
conditions: 16
Light 13 12
work
Transparency 5.48
349
Part 123456789JK
THE PROBLEM
OF CHILD LABOUR:
The way this problem has evolved led to the adoption of the
MINIMUM AGE CONVENTION, 1973 (No. 138), which concerns
admission to employment or work, and which should gradually
supersede the earlier texts.
It was supplemented by Recommendation No. 146, 1973.
THE PROBLEM OF
THE WORST FORMS
OF CHILD LABOUR
This is the subject
of a proposed (short)
Convention to be submitted
to the International
Labour Conference
in 1999.
Transparency 5.49
351
Part 123456789JK
Migrant workers
Transparency 5.50
353
Part 123456789JK
Transparency 5.51
355
Part 123456789JK
A. SEAFARERS
B. FISHERMEN
Transparency 5.52
357
Part 123456789JK
C. INLAND WATERWAYS
D. DOCK WORKERS
Dock Work Convention (No. 137) and Recommendation (No. 145), 1973.
E. PLANTATIONS
Transparency 5.52bis
359
International Labour Office
Geneva
International Training Centre
of the ILO - Turin
6 The procedure
of setting, submission,
ratification, denunciation
and revision of
international labour
standards
6
364
365
367
Contents
Objectives
372 Activities
1. Procedure for adopting international labour standards
2. The adoption procedure
363
Part 123456789JK
Objectives
At the end of part 6 participants will be able to enhance the
General participation of trade union organisations in the procedure of setting,
objective submission, ratification, denunciation and revision of international
labour standards.
364
Part 123456789JK
365
Part 123456789JK
The procedure
of setting, submission,
ratification, denunciation
and revision of
international labour
standards
Standard setting
International labour standards are the ILO Conventions and
Recommendations adopted by the International Labour Conference. To
attain successfully the goals and objectives of the Organisation, dialogue
between the three components of the ILO is essential in each stage of
the standard-setting procedure.
367
Part 123456789JK
The Governing
Body places
The Office prepares and submits
a report on law and practice Comments
of governments,
the question on
employers
international organisation.
Double-discussion procedure
Comparative study Once the Governing Body has placed the item on the Conference
agenda the International Labour Office (ILO) prepares a comparative study
of law and practice in the Member States in relation to the item
concerned. This is a complex task, firstly because of the number of
Member States in the ILO and also because the subjects covered by the
standards are often highly technical.
Report on law and On the basis of this study the Governing Body decides whether it
practice and is or is not appropriate to go ahead with the standards procedure. If the
questionnaire
response is positive the Governing Body asks the Office to prepare a
report outlining law and practice in the different countries, together
with a questionnaire. These documents are sent to Member States at
least 18 months before the opening of the relevant session of the
Conference. Governments replies must reach the ILO not less than 11
months before the relevant Conference session.
Tripartite In order to draft these reports the governments must as a rule
consultations consult the workers and employers organisations, which many of
them do although it is not compulsory. The only governments which
must carry out tripartite consultations are those that have ratified the
Convention (No. 144) on tripartite consultations in relation to
international labour standards, 1976.
Draft conclusions On the basis of the governments replies the Office drafts a further
report indicating the principal points to be considered by the
Conference (draft conclusions).
This report is communicated to governments not less than 4
months before the opening of the relevant Conference session. Once
again governments must normally consult the workers and employers
organisations (this is an obligation when they have ratified Convention
No. 144). Everything is then ready for the first discussion.
Tripartite When the Conference meets it sets up a tripartite committee
Committee responsible for examining proposals. This committee, on which the
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Single-discussion procedure
The above is the double-discussion procedure, which involves
examining a question over two successive Conference sessions. In cases
of special urgency or in other specially justified circumstances the
Governing Body, with a two-fifths majority of the votes cast, may
submit a question to the Conference to be debated in a single
discussion. The main exceptions accepted in the past related to
international maritime standards and the revision of existing standards,
when the revised text closely followed the original Convention or
Recommendation.
369
Part 123456789JK
Submission
Submission By virtue of article 19 of the ILO Constitution all Member States
(TR 6.2) undertake to bring all Conventions and Recommendations before the
(TR 6.3) competent national authorities vested with the power to legislate. The
Submission and ratification by Member States obligation for each government to bring an instrument before the
Article 19 of the Constitution of the ILO
obliges each Member to bring all
new Conventions and Recommendations
before the competent legislative authorities
in the 12 (exceptionally 18) months following
competent authorities does not involve an obligation to propose its
their adoption
Member States must inform the ILO ratification or application. In bringing Conventions and
of the measures taken to bring the instruments
before the competent bodies
2
Text sent to Member States and national
employers and workers organisations
5
and workers organisations
Ratification
Ratification It is by ratifying the Conventions that the Member States formally
(TR 6.2) undertake to put their provisions into effect, both in law and in
Submission and ratification by Member States practice. According to article 19(5)(d) of the ILO Constitution, if the
Article 19 of the Constitution of the ILO
obliges each Member to bring all
new Conventions and Recommendations
before the competent legislative authorities
Member obtains the consent of the authority or authorities within
in the 12 (exceptionally 18) months following
their adoption
370
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Denunciation
Denunciation Every ILO Convention contains an article determining the
conditions in which States which have ratified it may subsequently
denounce it, i.e., declare that they no longer wish to be considered
bound by its provisions.
Revision
Revision The revision of Conventions and Recommendations is an
important condition for their updating. This is a continuous process
which falls within the framework of the standard-setting action of the
ILO and is necessary because of social and economic changes.
The process which ends in a decision to revise a Convention or
Recommendation is in principal similar to that described for setting new
international labour standards. Every Convention contains a provision
allowing the Governing Body to submit a report on its functioning
(which is submitted to the Conference for examination) and to
determine whether there is a case for a complete or a partial revision.
When the Governing Body makes a decision (the important role
played by the Governing Body workers group must be emphasised
again), the Office prepares a draft report on law and/or practice relating
to the provisions of the Convention in the different countries, which it
submits to the Governing Body. This draft report is sent to governments
for comments.
Six months after issuing the draft report the Governing Body
finalises the report and decides whether partial or total revision of the
Convention should be placed on the Conference agenda. If it decides in
favour the Office forwards the report to governments for comments.
Four months after issuing the report the Governing Body adopts the
final report, taking account of governments comments. This final
report contains the exact definition of the questions placed on the
Conference agenda. On the basis of the conclusions of the Governing
Bodys final report the Office prepares draft amendments to the
Convention (or Recommendation) concerned and submits them to the
Conference. The Conference examines the draft amendments in
virtually the same way as the double-discussion procedure.
371
Activity 1 Part 123456789JK
Each reporter will present the sequence agreed by their group to the
3 Progress plenary.
report
372
Activity 2 Part 123456789JK
The reporters of each group will present the results of the activity to
3 Progress the plenary.
report
373
Part 123456789JK
Additional bibliography:
International Labour Law
Von Potobsky/Valticos
Kluwer Law and Taxation Publishers
Deventer, Netherlands, 1995
Constitution of the International Labour Organisation
ILO, Geneva, 1994
La Organizacin Internacional del Trabajo [The International
Labour Organisation]
Geraldo W.Von Potobsky, Hctor G. Bartolomei de la Cruz,
Editorial ASTREA, Buenos Aires, 1990
375
International Labour Office
Geneva
International Training Centre
of the ILO - Turin
6 Transparencies
The procedure
of setting, submission, ratification,
denunciation and revision of
international labour standards
The Governing
Body places
The Office prepares and submits
a report on law and practice Comments
of governments,
the question on
the Conference The Office analyses comments
employers
and workers
agenda and prepares draft conclusions
Transparency 6.1
379
Part 123456789JK
Transparency 6.2
381
Part 123456789JK
The submission
Transparency 6.3
383
International Labour Office
Geneva
International Training Centre
of the ILO - Turin
7 Application of
standards:
regular supervisory
machinery
7
388
389
391
391
Contents
Objectives
403 Activities
1. System of supervising the application of international labour standards:
regular supervision
2. Regular supervision of the application of standards: observations of
workers organisations
387
Part 123456789JK
Objectives
At the end of part seven participants will be able to enhance the
General participation of workers organisations in the system of regular
objective supervision of the application of international labour standards.
388
Part 123456789JK
389
Part 123456789JK
Application of
standards:
regular supervisory
machinery
or human rights.
G
E W
procedure thanks to which the ILO ensures that Member States comply
with their obligations.
391
Part 123456789JK
Priority Conventions for which a detailed reported is due every two years
29 81 29 81 29
87 98 87 98 87
100 105 100 105 100
122 111 122 111 122
129 144 129 144 129
Periodic reports
Periodic reports Subsequent reports are requested periodically on one of the
following bases, on the understanding that the Committee of Experts
on the Application of Conventions and Recommendations may request
detailed reports outside the normal frequency (the formation and
functions of this Committee are analysed below).
Two-yearly reports
Two-yearly reports Detailed reports are automatically requested every two years on
(TR 7.4) the following ten Conventions, regarded as priority Conventions:
Detailed two-yearly reports
Freedom of association: No. 87 and 98;
FREEDOM OF ASSOCIATION No. 87 and 98
ABOLITION OF FORCED LABOUR No. 29 and 105 Abolition of forced labour: No. 29 and 105;
EQUAL TREATMENT
No. 100 and 111
LABOUR INSPECTION
TRIPARTITE CONSULTATION
No. 81 and 129
No. 144
Employment policy: No. 122
Five-yearly reports
Every five years for other Conventions Labour inspection: No. 81 and 129;
Tripartite consultation: No. 144.
392
Part 123456789JK
Five-yearly reports
Five-yearly reports Simplified reports (see below for the content of a simplified
(TR 7.4) report) are requested every five years on other Conventions, according
Detailed two-yearly reports
to the table below. A detailed report is nevertheless requested in the
FREEDOM OF ASSOCIATION
LABOUR INSPECTION
No. 122
Five-yearly reports
No. 144
where the Committee of Experts considers that a detailed
Every five years for other Conventions
report should be communicated on account of possible changes
in law or practice in a Member State which might affect its
application of the Convention.
Non-periodic reports
Non-periodic reports Non-periodic detailed reports on the application of a Convention
(TR 7.5) are requested in the following cases:
Non-periodic reports
393
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Constitutional provisions giving force of law to the ratified convention laws and regulations
Replies to comments by the supervisory bodies
394
Part 123456789JK
Summary
Under article 23, paragraph 1, of the Constitution, a summary of
reports on the application of ratified Conventions has to be laid before
the next meeting of the Conference.
395
Part 123456789JK
10 3 1 4 6
145 146 167 162 115
152 153 168 171 124
157 163 169 132
164 140
165 143
166
170
172
173
87
174
Priority Conventions for which a detailed reported is due every two years
29 81
98
29
87
81
98
29
87
13 7 2 11 14
100 105 100 105 100
16 9 5 12 22
122 111 122 111 122
129 144 129 144 129
19 26 8 17 23
32 58 27 18 24
33 68 30 41 25
53 84 44 42 52
60 91 45 85 55
62 92 47 89 56
69 99 59 121 71
73 103 63 127 77
74 110 82 148 78
102 112 88 149 79
113 119 96 150 90
118 120 108 151 94
123 126 117 154 95
125 131 130 155 97
128 133 136 156 101
134 135 142 158 106
138 137 147 159 107
139 141 160 161 114
145 146 167 162 115
152 153 168 171 124
157 163 169 132
164 140
165 143
166
170
172
173
174
396
Part 123456789JK
397
Part 123456789JK
398
Part 123456789JK
399
Part 123456789JK
General survey Part three: this comprises a general survey of national law and
(TR 7.12) practice in relation to the instruments on which reports have been
General survey (art 19 of the Constitution) supplied on unratified Conventions and on Recommendations under
Reports received by
the Member States
concerning unratified
instruments are examined
article 19 of the Constitution. The general reports are an authoritative
by the Committee of Experts,
whose conclusions are published
annually in the form
of a general survey.
reference on law and practice throughout the entire world in relation
The general surveys are an authoritative reference
on law and practice throughout the whole world
in relation to a particular subject.
to a particular subject.
1 These requests do not appear in the report to the Conference but are listed under the
observations on each Convention listed in part two. They may relate to matters of secondary
importance or technical questions or seek clarification to enable a more full assessment of the
effect given to obligations, or may ask for a detailed report in advance of the date on which it
would otherwise be due.
400
Part 123456789JK
individual cases
General discussion
The Committee opens its work with a general discussion of the
matters covered in Part 4A of Report III of the Committee of Experts. It
may then examine the General Survey (Part 4B).
401
Part 123456789JK
402
Activity 1 Part 123456789JK
Form small work groups. After listing the machinery for supervising the
2 Content application of international labour standards, each group should discuss
the following points:
What do the ILOs regular supervisory procedures consist of?
What is the role of workers organisations in the various stages of
regular supervision?
Does your trade union take advantage of the opportunity it has of
submitting observations on the application of international labour
standards in your country? Give examples if possible.
Each reporter will present the information given for each country
3 Progress represented in the group to the plenary.
report
403
Activity 2 Part 123456789JK
You have been provided with the text of Convention No. 111 on
2 Content discrimination (employment and occupation) and the form used by
governments to draft reports on this Convention.
Form two work groups.
The first consists of participants from countries which have ratified
Convention No. 111 and the second of those which have not.
1st group
Your country has ratified Convention No. 111. The government has
drafted and forwarded to the International Labour Office the report on
the implementation of Convention No. 111 (article 22 of the ILO
Constitution) without consulting the workers organisations. Your
organisation has therefore decided to send information directly to the
Office.
404
Activity 2 Part 123456789JK
2nd group
Your country has not ratified Convention No. 111. Your government
has drafted and forwarded to the International Labour Office the report
on the position of its law and practice concerning Convention No. 111
(article 19 of the ILO Constitution) without consulting the workers
organisations. Your organisation has therefore decided to send this
information directly to the Office.
Each reporter will present the information provided for each country
3 Progress represented in your group to the plenary.
report
405
Part 123456789JK
Additional bibliography:
International Labour Law
Von Potobsky/Valticos
Kluwer Law and Taxation Publishers
Deventer, Netherlands 1995
Constitution of the International Labour Organisation.
ILO, Geneva, 1994
La Organizacin Internacional del Trabajo [The International
Labour Organisation]
Geraldo W.Von Potobsky, Hctor G. Bartolomei de la Cruz
Editorial ASTREA, Buenos Aires, 1990
407
International Labour Office
Geneva
International Training Centre
of the ILO - Turin
9 Transparencies
Standards
and technical co-operation
THE TECHNICAL
STANDARD-SETTING CO-OPERATION
PROCEDURE
Source of information
for preparing standards
Transparency 9.1
491
Part 123456789JK
Transparency 9.2
493
International Labour Office
Geneva
International Training Centre
of the ILO - Turin
10
498
499
501
504
Contents
Objectives
507 Conclusion
508 Activities
1. Revision of standards
2. Trade union action and globalisation
3. ILO Declaration on Fundamental Principles and Right at Work
and its Follow-up
513 Annex
1. ILO Declaration on Fundamental Principles and Right at Work
and its Follow-up
497
Part 123456789JK
Objectives
At the end of part 10 participants will be able to support their trade
General union organisations in discussions concerning:
objective - the updating and enhancement of the standards system;
- the promotion of respect of fundamental principles and rights at
work.
498
Part 123456789JK
Present and hand out activity No. 1: Work group Flip chart 90 mn
3 Revision of standards
Present and hand out activity No. 2: Work group Flip chart 90 mn
5 Trade union action and
globalisation
Present and hand out activity No. 3: Work group Flip chart 60 mn
7 ILO Declaration on Fundamental Principles
and Rights at Work and its Follow-up
499
Part 123456789JK
MATERNITY PROTECTION
HOURS OF WORK
501
Part 123456789JK
(TR 10.3 and 10.3 bis) The Governing Body also decided to invite the States which are
(TR 10.4 and 10.5) party to the Conventions to examine the possibility of ratifying a
Promotion of ratifications / denunciations (revised conventions) (1)
corresponding recent Convention at the same time as denouncing the
Subjects
Hours
of work
Conventions proposed
for ratification
Convention (No.153) on hours
of work and rest periods
Conventions proposed
for denunciation
Convention (No.67) on hours of work
and rest periods
initial Convention. Finally, certain decisions are designed to promote
(road transport), 1979 (road transport), 1939
Holidays
with pay
Social
security
Convention (No.132) on holidays
with pay (revised), 1970
Minimum
age
Convention (No.138) on the minimum
age, 1973
Convention (No.60) (revised) on the
minimum age (non-industrial
employment), 1937
provided for within the framework of the Convention (No. 144) on
Dock
workers
Convention (No.152) on occupational
safety and health in docks, 1979
Convention (No.28) on protection
against accidents for dockers, 1929
tripartite consultations on international labour standards, 1976, and the
Recommendation (No. 152) on tripartite consultations on International
Labour Organisation activities, 1976.
While supporting this policy, the aim of which should be to
Promotion of ratifications / denunciations (conventions not revised)
Subjects
Night
Conventions proposed
for ratification
Convention (No.171) on night work,
Conventions proposed
for denunciation
Convention (No.20) on night work
update obsolete instruments, workers have stressed their concern not
to reduce the degree of protection of workers. In 1997 the standards
work 1990 (bakeries), 1925
Migrant
workers
Indigenous
workers
Convention (No.97) on migration
for employment (revised), 1949
Hours of work:
Minimum age:
Social security:
Conventions No.43, 49, and 67
Convention No.60
Dockers:
Indigenous workers:
Convention No.21
Convention No.28
1. Director-Generals report on The ILO, standard setting and globalisation, presented to the
International Labour Conference in 1997.
502
Part 123456789JK
are the instruments that allow workers to claim their fair share of the
economic growth engendered by free trade. The Heads of State
participating in the Copenhagen Social Summit (1995) agreed on the
need to promote the basic ILO Conventions. The ILO then ran a
campaign of ratification with encouraging results. Moreover, the
particular significance of basic rights received important endorsement
through the Ministerial Declaration of the WTO in Singapore, which
specifies that the ILO is the competent body to set these standards and
to deal with them. It remains to be seen how this proclaimed political
commitment will be translated in practice in the ILO.
503
Part 123456789JK
(TR 10.6) States Members are bound by the provisions of the conventions
Universal application of fundamental principels and rights
that they have ratified. However, the Declaration states that, even if
Even if Member States have not ratified
the following conventions, the simple fact of their
they have not ratified the conventions in question, States Members of
adherence to the Organisation obliges them
to respect, promote and implement the principles
concerning these fundamental rights.
the effective right to collective bargaining, and also to work for the
elimination of all forms of forced or compulsory labour, for the effective
abolition of child labour, and for the elimination of discrimination in
respect of employment and occupation. These principles represent the
key provisions of the conventions that have been recognized as
fundamental, namely the Freedom of Association and Protection of the
Right to Organize Convention (No. 87), the Right to Organize and
Collective Bargaining Convention (No. 98), the Forced Labour
Convention (No. 29), the Abolition of Forced Labour Convention (No.
105), the Equal Remuneration Convention (No. 100), the
Discrimination (Employment and Occupation) Convention (No. 111),
and the Minimum Age Convention (No. 138).
504
Part 123456789JK
(TR 10.7) The first is an annual report on the efforts made in regard to the
FOLLOW-UP MECHANISM (1)
fundamental principles by States Members who have not ratified the
Annual report requires from states members who
have not ratified one or more fundamental conventions on:
freedom of association and right to collective bargaining
relevant conventions. Each year, the follow-up will cover the four areas
forced labour
child labour
discrimination in employment and occupation
of fundamental principles and rights specified in the Declaration. It will
With remarks by employers and workers organizations:
draw on information provided each year by the States who have not
ratified one or more of the fundamental conventions, based on reports
- a group of experts appointed by the governing body
introduces the reports
- the reports are examined by the governing body
(TR 10.8) The second component is a global report, prepared under the
FOLLOW-UP MECHANISM (2)
authority of the Director-General of the ILO, to be submitted to the
Global report covering one of the four categories of
fundamental principles and rights each year:
freedom of association and right to collective bargaining
International Labour Conference. Each year, the report will cover, in
forced labour
child labour
discrimination in employment and occupation turn, one of the four categories of fundamental principles and rights.
To provide a global view of ratified
and unratified conventions:
The Governing Body decided that the sequence of global reports should
- report submitted to the conference
(discussion and guidelines regarding technical cooperation) begin in the year 2000, and that it should follow the order set out in
the Declaration, namely:
- Freedom of association and the effective recognition of the right
to collective bargaining;
- Elimination of all forms of forced or compulsory labour;
- The effective abolition of child labour;
- The elimination of discrimination in respect of employment and
occupation.
505
Part 123456789JK
specifically, the main sources of information that the Office will draw
upon to produce the global report shall be:
- in the case of States which have not ratified the fundamental
conventions, the findings of the above-mentioned annual follow-
up;
- in the case of States which have ratified the fundamental
conventions, the information made available though the various
procedures for checking the application of the conventions.
506
Part 123456789JK
Conclusion
507
Activity 1 Part 123456789JK
Revision of standards
Approximate time: 90 min
Form small work groups. Based on information from the trainer, the
2 Content content of the teaching unit and the transparencies, prepare a national
trade union strategy to support the Governing Bodys decisions.
508
Activity 2 Part 123456789JK
509
Activity 3 Part 123456789JK
ILO Declaration on
Fundamental Principles
and Rights at Work and its
Follow-up
Approximate time: 60 min
Form small work groups. Use the information you have got from the
2 Content trainer, from the content of the teaching unit and from the
transparencies to devise a trade union strategy at national level to make
use of all the possibilities for workers participation that the follow-up
mechanism offers. In particular, discuss what actions could be taken to
promote the Declaration, more specifically:
Annual follow-up
3) Each year the ILO will ask States Members to report on any changes
in legislation and practice in the areas covered by the fundamental
conventions that they have not ratified. The importance of trade
union organizations commenting on this.
4) Information provided to the Workers Group on the Governing
Body relating to the examination of the afore-mentioned
reports.
510
Activity 3 Part 123456789JK
Global report
5) Measures to ensure that workers delegates play an effective part in
the Conferences discussion of the global report;
6) Features to stress during the Conferences discussion, or to report to
the Workers Group of the Governing Body, so that the
effectiveness of the assistance given by the ILO can be assessed.
511
Part 123456789JK
Additional bibliography:
The ILO, standard setting and globalisation, Director-Generals
report, International Labour Conference, 85th session, 1997, ILO
Geneva, 1997.
512
Annex 1 Part 1 2 3 4 5 6 7 8 IJK
K
ILO Declaration on
Fundamental Principles and
Rights at Work and its
Follow-up
513
Annex 1 Part 1 2 3 4 5 6 7 8 IJK
K
Whereas the ILO was founded in the conviction that social justice is
essential to universal and lasting peace;
Whereas the ILO should, now more than ever, draw upon all its standard-
setting, technical cooperation and research resources in all its areas of
competence, in particular employment, vocational training and working
conditions, to ensure that, in the context of a global strategy for economic and
social development, economic and social policies are mutually reinforcing
components in order to create broad-based sustainable development;
Whereas the ILO should give special attention to the problems of persons
with special social needs, particularly the unemployed and migrant workers,
and mobilize and encourage international, regional and national efforts aimed
at resolving their problems, and promote effective policies aimed at job
creation;
514
Annex 1 Part 1 2 3 4 5 6 7 8 IJK
K
1. Recalls:
a) that in freely joining the ILO, all Members have endorsed the principles
and rights set out in its Constitution and in the Declaration of Philadelphia,
and have undertaken to work towards attaining the overall objectives of the
Organization to the best of their resources and fully in line with their specific
circumstances;
b) that these principles and rights have been expressed and developed in
the form of specific rights and obligations in Conventions recognized as
fundamental both inside and outside the Organization.
2. Declares that all Members, even if they have not ratified the Conventions in
question, have an obligation arising from the very fact of membership in the
Organization, to respect, to promote and to realize, in good faith and in
accordance with the Constitution, the principles concerning the fundamental
rights which are the subject of those Conventions, namely:
a) freedom of association and the effective recognition of the right to
collective bargaining;
b) the elimination of all forms of forced or compulsory labour;
c) the effective abolition of child labour; and
d) the elimination of discrimination in respect of employment and
occupation.
515
Annex 1 Part 1 2 3 4 5 6 7 8 IJK
K
5. Stresses that labour standards should not be used for protectionist trade
purposes, and that nothing in this Declaration and its follow-up shall be
invoked or otherwise used for such purposes; in addition, the comparative
advantage of any country should in no way be called into question by this
Declaration and its follow-up.
Annex
I.Overall purpose
1. The aim of the follow-up described below is to encourage the efforts made
by the Members of the Organization to promote the fundamental principles
and rights enshrined in the Constitution of the ILO and the Declaration of
Philadelphia and reaffirmed in this Declaration.
3. The two aspects of this follow-up, described below, are based on existing
procedures: the annual follow-up concerning non-ratified fundamental
Conventions will entail merely some adaptation of the present modalities of
application of article 19, paragraph 5(e) of the Constitution; and the global
report will serve to obtain the best results from the procedures carried out
pursuant to the Constitution.
516
Annex 1 Part 1 2 3 4 5 6 7 8 IJK
K
2. The follow-up will cover each year the four areas of fundamental principles
and rights specified in the Declaration.
B. Modalities
517
Annex 1 Part 1 2 3 4 5 6 7 8 IJK
K
assistance provided by the Organization, and for determining priorities for the
following period, in the form of action plans for technical cooperation
designed in particular to mobilize the internal and external resources
necessary to carry them out.
2. The report will cover, each year, one of the four categories of fundamental
principles and rights in turn.
B. Modalities
518
Annex 1 Part 1 2 3 4 5 6 7 8 IJK
K
519
International Labour Office
Geneva
International Training Centre
of the ILO - Turin
10 Transparencies
The standard setting of the ILO
and globalisation:
- revision of standards
- Declaration on fundamental
principles and rights at work
and its Follow-up
Transparency 10.1
523
Part 123456789JK
Priority conventions:
Employment policy:
Convention (No. 122) on employment policy, 1964
Labour inspection:
Convention (No. 81) on labour inspection, 1947
Convention (No. 129) on labour inspection (agriculture), 1969
Tripartite consultation:
Convention (No. 144) on tripartite consultation on international
labour standards, 1976
525
Part 123456789JK
MATERNITY PROTECTION
HOURS OF WORK
Transparency 10.2
527
Part 123456789JK
Transparency 10.3
529
Part 123456789JK
531
Part 123456789JK
Transparency 10.4
533
Part 123456789JK
Transparency 10.5
535
Part 123456789JK
Transparency 10.6
537
Part 123456789JK
Transparency 10.7
539
Part 123456789JK
Transparency 10.8
541
International Labour Office
Geneva
International Training Centre
of the ILO - Turin
11 Preparation of
an action plan
and final assessment
of the course
11
528
529
531
Contents
Objectives
Activities
1. Design and implementation of an action plan
2. Production of individual action plans
3. Final assessment of the course
534 Annexes
1. Production of individual action plans
2. End of course assessment questionnaire
545
Part 123456789JK
Objectives
At the end of part 11 participants will be able to draw up an action plan
General to help member trade unions achieve development objectives on
objective international labour standards.
546
Part 123456789JK
547
Activity 1 Part 123456789JK
The final part of the whole course programme should be devoted to the
1 Introduction preparation and presentation of an individual or group project, which
the participants will implement on their return home. This activity aims
to stimulate a preliminary study of potential appropriate projects
This activity aims to:
begin a planning procedure for preparing an action plan
examine a series of possible options for preparing an action plan.
You will be divided into small groups to answer the following questions:
2 Content Among the subjects of the course dealt with so far, list those which
in your opinion are the most valuable and the most appropriate to
your local trade union situation.
With respect to the needs of your trade union training programmes,
suggest a number of projects which in your opinion could contribute
to the development of the international labour standards
programme.
Report your answers on flip charts to be presented to the plenary.
549
Activity 2 Part 123456789JK
Production of individual
action plans
Approximate time: 180 min
Present your action plan to the plenary, when all the projects will be
3 Progress discussed.
report
550
Activity 3 Part 123456789JK
This activity focuses on the final assessment of the course and aims to :
1 Introduction assess whether the objectives of the course have been met.
provide the trainer with the information necessary to improve the
organisation and methods of training.
551
Annex 1 Part 1 2 3 4 5 6 7 8 9JK
Production of individual
action plans
WHAT YOU ACTIVITIES AND TIME FOR RESOURCES
INTEND TO DO CARRYNG THEM OUT NECESSARY
(OBJECTIVES)
553
Annex 2 Part 1 2 3 4 5 6 7 8 9JK
554
Annex 2 Part 1 2 3 4 5 6 7 8 9JK
Reasons
......................................................................
......................................................................
......................................................................
......................................................................
2.2 How far have you been satisfied with the LEVEL of
the course?
Completely Partly Not at all
...................... ..................... .....................
Reasons
......................................................................
......................................................................
......................................................................
......................................................................
555
Annex 2 Part 1 2 3 4 5 6 7 8 9JK
Reasons
......................................................................
......................................................................
......................................................................
......................................................................
2.4 How far have you been satisfied with the TRAINING
METHODS used?
Completely Partly Not at all
...................... ..................... .....................
Reasons
......................................................................
......................................................................
......................................................................
......................................................................
556
Annex 2 Part 1 2 3 4 5 6 7 8 9JK
Reasons
......................................................................
......................................................................
......................................................................
......................................................................
3.2 How far do you think the course will help you resolve
the problems of trade union training at the level of
your trade union group?
Completely Partly Not at all
...................... ..................... .....................
Reasons
......................................................................
......................................................................
......................................................................
......................................................................
3.3 How far do you think the course will help you make
your trade union groups training activities more
effective?
Completely Partly Not at all
...................... ..................... .....................
Reasons
......................................................................
......................................................................
......................................................................
......................................................................
557
Annex 2 Part 1 2 3 4 5 6 7 8 9JK
Reasons
......................................................................
......................................................................
......................................................................
......................................................................
Reasons
......................................................................
......................................................................
......................................................................
......................................................................
558
Annex 2 Part 1 2 3 4 5 6 7 8 9JK
Reasons
......................................................................
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......................................................................
Reasons
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559
transparencies
Part
3
M
4
5
6
7
8
9
J
M
4
5
6
7
8
9
J
M
GOVERNMENT
RKERS
EMP
LOY
ER
4
WO S
5
SOCIAL JUSTICE
6
BETTER WORKING CONDITIONS
7
8
STANDARD TECHNICAL 9
SETTING CO-OPERATION
J
Information-Meetings-Research-Expertise
3.2
Declaration of Philadelphia (1944) Part
3
M
abour is not a commodity
4
Freedom of expression 5
and of association are essential
to sustained progress
6
7
Poverty anywhere constitutes a
danger to prosperity everywhere
8
9
J
Thecarried
war against want requires to be
on with unrelenting vigour within
each nation, and by continuous and
concerted international effort in which the
representatives of workers and employers,
enjoying equal status with those of
The ILO and
standard governments, join with them in free
setting discussion and democratic decision with a
view to the promotion of the common
Transparency welfare.
3.3
Structure of the ILO: principal bodies Part
3
M
4
5
6
7
8
INTERNATIONAL LABOUR CONFERENCE 9
4 delegates per Member State
J
1 workers' 2 government 1 employers'
delegate delegates delegate
GOVERNING BODY
The ILO and 14 workers' 28 government 14 employers'
standard representatives representatives representatives
setting
Transparency INTERNATIONAL LABOUR OFFICE
3.4
Decentralised structure of the ILO Part
3
M
Regional office Liaison office
Area office Multidisciplinary advisory team 4
Africa Latin America North America 5
Algeria
Cameroon
Argentina
Brazil
Canada
United States 6
7
Cte dIvoire Chile
D. R. Congo Costa Rica
Egypt Mexico
Ethiopia
Madagascar
Peru
Trinidad and Tobago
8
Nigeria
Senegal
Uruguay
9
J
South Africa
Tanzania
Zambia
Zimbabwe
M
R egional Meetings 4
5
RMeetings
egional and Technical 6
7
8
A dvisory Committee on Salariedorkers 9
Employees and Professional W J
3.6
Tripartite structure of the ILO Part
3
M
GOVERNMENTS 4
5
6
M
E ILO 7
S
PL ER
8
OY K
ERS WOR
9
J
3.7
Means of action Part
3
M
I. STANDARD SETTING 4
Setting of international
5
labour standards 6
Adoption by the Conference 7
Supervision of application by Member 8
States 9
J
II. TECHNICAL CO-OPERATION
M
SPECIALIZED INSTITUTIONS
ILO International Labour Organisation 4
FAO United Nations Food and Agriculture Organisation
Transparency
3.9
transparencies
Part
3
4
5
M
6
7
8
9
J
FREEDOM OF ASSOCIATION
3
C.87 C.98 4
5
M
Freedom of Association Right to Organize and
and Protection of the Right Collective Bargaining, 1949
to Organize, 1948 6
FREEDOM FROM FORCED LABOUR
7
C.29 C.105 8
Forced Labour, 1930 Abolition of Forced Labour, 1957 9
J
FREEDOM FROM DISCRIMINATION
C.100 C.111
Equal Remuneration, 1951 Discrimination (Employment
and Occupation), 1958
Purpose and
content of MINIMUM AGE OF ADMISSION TO EMPLOYMENT
standards
C.138 C.182
Transparency
Minimum Age, 1973 Most Intolerable Forms
of Child Labour, 1999
5.1
C.87 Part
3
FREEDOM OF 4
ASSOCIATION AND 5
M
PROTECTION OF
The right, freely 6
THE RIGHT TO
ORGANIZE,
exercised, of workers
and employers,
7
1948 without distinction, 8
to organize for furthering
and defending 9
their interests.
J
Purpose and
content of
standards
Transparency
5.2
C.98 Part
3
RIGHT TO ORGANIZE AND
COLLECTIVE BARGAINING, 4
1949 5
M
Protection of workers who are
exercising the right to organize
6
Non-interference between
7
workers organizations
and employers organizations
8
9
Promotion of voluntary
collective bargaining J
Purpose and
content of
standards
Transparency
5.3
C.141 Part
3
4
RURAL WORKERS 5
M
ORGANIZATIONS,
1975 6
Freedom of association for rural workers
7
Encouragement of their organizations
8
Participation in economic and social development
9
J
Purpose and
content of
standards
Transparency
5.4
C.135 Part
3
4
WORKERS 5
M
REPRESENTATIVES, 1971 6
7
8
Protection against any prejudicial
act based on their status 9
J
Protection of their union
membership and their
participation in union activities
5.5
C.151 Part
3
LABOUR RELATIONS
4
5
M
(PUBLIC SERVICE), 1978
6
Protection of public employees 7
exercising the right to organize
8
9
Protection against any interference
by public authorities J
Purpose and
content of Encouragement and promotion of
standards negotiation of conditions of employment
Transparency
5.6
Forced Labour Part
C.29 3
4
FORCED LABOUR, 1930
5
M
6
C.105
7
ABOLITION OF FORCED LABOUR, 1957 8
9
J
Purpose and
content of
standards
Transparency
5.7
C.100 Part
3
EQUAL 4
5
M
REMUNERATION,
1951 6
Equal remuneration 7
for men and women
for work of equal value 8
9
J
Purpose and
content of
standards
Transparency
5.8
C.111 Part
3
DISCRIMINATION 4
5
M
(EMPLOYMENT AND
To promote equality of OCCUPATION), 6
opportunity and treatment in 1958 7
employment and occupation, as a means 8
toward eliminating all discrimination in 9
respect thereof.
J
Purpose and
content of
standards
Transparency
5.9
C.156 Part
3
WORKERS WITH FAMILY 4
RESPONSIBILITES,
5
M
1981
6
To create effective 7
equality of opportunity
and treatment for men and women
8
workers with family responsibilities 9
J
Purpose and
content of
standards
Transparency
5.10
Ratification of conventions concerning Part
fundamental social rights as of February 1999 3
4
Number of
Conventions 5
M
ratifications
124 No 87 Freedom of Association and
Protection of the Right to Organize, 1948
6
No 98 Right to Organize and Collective 7
141
Bargaining, 1949 8
150 No 29 Forced Labour, 1930 9
139 No 105 Abolition of Forced Labour, 1957 J
132 No 111 Discrimination (Employment
and Occupation), 1958
Purpose and
72 No 138 Minimum Age, 1973
content of
standards No 182 Prohibition and immediate
elimination of the worst forms
Transparency of child labour
5.11
Employment Part
EMPLOYMENT POLICY: 3
Convention n 122: Employment Policy, 1964 4
Convention n 168: Employment Promotion and
5
M
Protection against Unemployment, 1988
Recommendation n169: Employment Policy
(Supplementary Provisions), 1984 6
EMPLOYMENT SERVICES 7
AND AGENCIES: 8
Convention n 88: Employment Service, 1948
9
VOCATIONAL GUIDANCE AND TRAINING: J
Convention n 142:
Human Resources Development, 1975
M
Objective: full, productive 6
and freely chosen employment. 7
8
9
J
Purpose and
content of
standards
Transparency
5.13
C.88 Part
3
EMPLOYMENT SERVICE, 1948 4
5
M
Free public employment service
6
The functions of a state employment 7
service and the
measures such
8
a service should take 9
J
Purpose and
content of
standards
Transparency
5.14
C.142 Part
3
4
HUMAN 5
M
RESOURCES 6
DEVELOPMENT, 7
1975 8
9
J
Development of policies
and programmes
of vocational guidance
Purpose and and training closely linked
content of with employment.
standards
Transparency
5.15
C.159 Part
3
VOCATIONAL 4
REHABILITATION 5
M
AND EMPLOYMENT
(DISABLED PERSONS),
6
1983 7
8
To ensure
suitable employment and 9
social integration J
for disabled persons, in conditions
of full participation and equality
Purpose and
content of
standards
Transparency
5.16
C. 158 Part
3
TERMINATION OF 4
EMPLOYMENT, 5
M
Protects against termination
of employment without valid reason 1982
Establishes the principle
6
of explaining
termination
7
of employment 8
Goes on to list the 9
reasons which are
not valid grounds for
termination of
J
employment
Purpose and
content of
standards
Transparency
5.17
C.94 Part
3
LABOUR CLAUSES (PUBLIC CONTRACTS), 1949 4
5
M
GENERAL PRINCIPLES:
6
to ensure minimum labour standards
in the execution of public contracts 7
8
such contracts shall contain
clauses ensuring: 9
J
that wages are paid
that conditions of labour are not less
favourable than those established
by legislation, agreements
or current practice
Purpose and
content of sanctions are provided for
standards
Transparency
5.27
C.95 Part
3
PROTECTION OF WAGES, 1949 4
5
M
In general, protection against practices
which might make workers unduly 6
dependent on their employer 7
Full and prompt payment of wages 8
9
Wages shall normally be paid directly
to the worker concerned J
(and without delay)
5.28
Hours of work, weekly rest and paid leave Part
C.1 3
4
hours of work (industry), 1919
C.30
5
M
hours of work
(commerce and offices), 1930
6
C.47 forty-hour week, 1935 7
R.116 reduction of hours of work, 1962 8
C.171 9
J
night work, 1990
5.29
C. 47 Part
3
FORTY-HOUR WEEK, 1935 4
5
M
Principle that the working week 6
7
be reduced to forty hours with
no reduction in the workers
standard of living
8
Adoption or encouragement
of measures deemed appropriate
9
for achieving that aim J
Purpose and
content of
standards
Transparency
5.30
Occupational safety and health Part
3
1. NATIONAL POLICY AND ACTION 4
5
M
C.155 Occupational Safety and Health, 1981
R.164 Occupational Safety and Health, 1981
6
C.161 Occupational Health Services, 1985
R.171 Occupational Health Services, 1985
7
8
2. PROTECTION AGAINST SPECIFIC RISKS 9
(chemicals, occupational cancer,
dangerous machinery, air pollution, etc.) J
Purpose and
content of
standards
4. MEDICAL EXAMINATION FOR YOUNG PERSONS
Transparency 5. SEAFARERS
5.31
C.13 Part
3
WHITE LEAD (PAINTING), 1921 4
5
M
6
Prevention of lead poisoning,
an illness caused by 7
sulphates of lead
and white lead in particular
8
9
J
The use of white lead,
sulphate of lead and all
products containing these
pigments is prohibited in
the internal painting
of buildings
Purpose and
content of
standards
Transparency
5.32
C.115 Part
3
RADIATION 4
PROTECTION, 5
M
1960 6
7
Protection of workers 8
against ionizing radiations 9
J
No worker under the age
of 16 shall be engaged
in work involving
Purpose and
content of ionizing radiations
standards
Transparency
5.33
C.136 Part
3
4
BENZENE, 1971 5
M
6
7
Protection against the hazards 8
of poisoning arising from benzene 9
J
Applies to all activities involving
the exposure of workers to benzene
and to products whose benzene
content exceeds 1 per cent by volume
Purpose and
content of
standards
Transparency
5.34
C.139 Part
3
OCCUPATIONAL 4
CANCER 5
M
1974 6
PREVENTION OF 7
OCCUPATIONAL CANCER 8
9
OBLIGATION FOR THE STATE:
J
1. To determine periodically
the carcinogenic substances
and agents to which occupational
exposure shall be prohibited or regulated
Purpose and
content of
standards 2. To prescribe protective measures
Transparency
5.35
C.162 Part
3
4
ASBESTOS, 1986 5
M
6
Prevention of occupational
hazards due to asbestos
7
8
Applies to all activities involving 9
the exposure of workers to asbestos
in the course of work J
Transparency
5.36
C. 170 Part
3
CHEMICALS, 1990 4
5
M
6
To prevent chemically 7
induced illnesses
and injuries at work 8
9
To reduce their incidence J
5.37
C.119 Part
3
GUARDING OF MACHINERY, 1983
4
5
M
The prevention of hazards to workers
arising out of moving parts
of machinery
6
7
Applies to all power-driven 8
machinery, new or second-hand
9
J
The obligation
of employers
to inform workers
about dangers
in the use
Purpose and of machinery
content of
standards
Transparency
5.38
C.127 Part
3
MAXIMUM WEIGHT, 1967 4
5
M
protection of workers
6
against hazards
arising out 7
of the weight of loads
8
9
establishes the general J
principle that no worker
shall be required
or permitted to engage
in the manual transport
of a load which,
Purpose and
content of by reason of its weight,
standards is likely to jeopardize
his or her health
Transparency
or safety
5.39
C.148 Part
3
4
WORKING ENVIRONMENT 5
M
(AIR POLLUTION,
NOISE AND VIBRATION),
6
1977 7
8
To keep the working 9
environment as free as possible J
from any hazard due
to air pollution,
noise or vibration
Purpose and
content of
standards
Transparency
5.40
C. 120 Part
3
HYGIENE (COMMERCE AND OFFICES), 1964 4
5
M
6
The respect of elementary
hygiene measures in all
7
commercial and administrative 8
establishments 9
J
All commercial and
administrative premises
used by workers
shall be properly
Purpose and maintained and kept clean
content of
standards
Transparency
5.41
C.167 Part
3
SAFETY AND HEALTH
IN CONSTRUCTION, 1988
4
5
M
To ensure 6
safety 7
and health
in construction 8
9
J
Applies to
all construction
activities, from
the preparation
Purpose and of the site
content of to the completion
standards
of the project
Transparency
5.42
C.27 Part
3
MARKING OF WEIGHT (PACKAGES 4
5
M
TRANSPORTED BY VESSELS), 1929
6
Marking of weights of 1, 000 kg 7
or more on packages transported 8
by sea or inland waterway
9
J
Purpose and
content of
standards
Transparency
5.43
C.152 Part
3
OCCUPATIONAL SAFETY
AND HEALTH (DOCK WORK), 1979 4
5
M
6
Protection of dock workers 7
8
Describes in detailed
and in a very practical fashion 9
the measures to be taken
as regards dock work J
to protect workers engaged
in such operations
from any risk of accident
or injury to health
Purpose and
content of
standards
Transparency
5.44
Social security Part
C.102 3
social security (minimum standards), 1952 4
5
M
C.118
equality of treatment 6
(social security), 1962
7
C.157 8
maintenance of social security rights, 1982
9
C.168
J
employment promotion and protection
against unemployment, 1988
C.128
invalidity, old age and survivors
Purpose and benefits, 1967
content of
standards
C.130
Transparency medical care and sickness benefits, 1969
5.45
Standards concerning the employment of women, Part
children and young persons
3
C.3 maternity protection, 1919
4
C.103 maternity protection (revised), 1952
5
M
C.45 underground work, (women) 1935
6
C.89 night work, (women) (revised), 1948,
and protocol, 1990 7
C.138 minimum age, 1973 8
C.79 night work of young persons 9
(non-industrial occupations), 1946
C.90 night work of young persons
J
(industry) (revised), 1948
C.77 medical examination of young persons
(industry), 1946
C.78 medical examination of young persons
Purpose and (non-industrial occupations), 1946
content of
standards C.124 medical examination of young persons
(underground work), 1965
Transparency
C.182 prohibition and immediate elimination
5.46 of the worst forms of child labour
C.138/C.182 Part
3
MINIMUM AGE, 1973 4
5
M
PROHIBITION OF THE WORST 6
FORMS OF CHILD LABOUR, 1999 7
8
9
J
Purpose and
content of
standards
Transparency
5.47
Minimum age Part
3
C.138
Exception for 4
General developing
5
M
countries
6
Basic 7
minimum 15 14 8
age
9
J
Normally: 18
Dangerous NO
Under certain
work EXCEPTIONS
conditions: 16
Purpose and
content of Light
standards 13 12
work
Transparency
5.48
Children at school, not at work Part
3
THE PROBLEM 4
OF CHILD LABOUR:
5
M
6
The way this problem has evolved led to the adoption of the
MINIMUM AGE CONVENTION, 1973 (No. 138), which concerns
admission to employment or work, and which should gradually
supersede the earlier texts.
It was supplemented by Recommendation No. 146, 1973.
7
8
THE PROBLEM
9
OF THE WORST FORMS J
OF CHILD LABOUR
This is the subject
of a proposed (short)
Convention to be submitted
to the International
Purpose and Labour Conference
content of in 1999.
standards
Transparency
5.49
Migrant workers Part
M
Migration for Employment Convention (No. 97) and
Recommendation (No.86) , 1949.
6
Protection of Migrant Workers (Underdeveloped Countries)
Recommendation, 1955 (No. 100). 7
Migrant Workers (Supplementary Provisions)
Convention, 1975 (No. 143).
8
Migrant Workers Recommendation, 1975 (No. 151).
9
J
Purpose and
content of
standards
Transparency
5.50
Indigenous peoples and workers in non-metropolitan territories Part
THE PRINCIPLE STANDARDS ON INDIGENOUS PEOPLES
AND WORKERS IN NON-METROPOLITAN TERRITORIES
3
ARE GROUPED AS FOLLOWS:
4
5
M
1 Indigenous and tribal peoples
6
Indigenous and Tribal Populations Convention (No. 107)
and Recommendation (No. 104), 1957. 7
Indigenous and Tribal People Convention, 1989 (No. 169). 8
9
2 Workers in Non-Metropolitan Territories J
Social Policy in Dependent Territories Recommendation, 1944 (No. 70).
5.51
Other special categories of workers (1) Part
3
The main standards concerning special categories
of workers are grouped as follows: 4
5
M
A. SEAFARERS 6
National Seamens Codes Recommendation, 1920 (No. 9). 7
8
Seafarers Identity Documents Convention, 1958 (No. 108).
Seafarers Engagement (Foreign Vessels) Recommendation, 1958 (No. 107).
Employment of Seafarers (Technical Developments), Recommendation, 1970 (No. 139).
Continuity of Employment Convention (No. 145) and Recommendation (No. 154), 1976.
Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147) and Protocol (1996).
9
Merchant Shipping (Improvement of Standards) Recommendation, 1976 (No. 155).
J
B. FISHERMEN
Transparency
5.52
Other special categories of workers (2) Part
3
The main standards concerning special categories
of workers are grouped as follows: 4
5
M
C. INLAND WATERWAYS 6
Hours of Work (Inland Waterways) Convention, 1920 (No. 8). 7
8
D. DOCK WORKERS
9
Dock Work Convention (No. 137) and Recommendation (No. 145), 1973.
J
E. PLANTATIONS
5.52bis
transparencies
Part
3
4
5
6
M
7
8
9
J
The procedure
of setting, submission,
ratification, denunciation
and revision of
international labour
standards
Adoption of Conventions and Recommendations Part
A PROBLEM IS IDENTIFIED AT NATIONAL AND INTERNATIONAL LEVEL
3
The Governing The Office prepares and submits
Comments
4
5
Body places a report on law and practice
of governments,
the question on
the Conference The Office analyses comments
employers
6
and workers
agenda and prepares draft conclusions
M
7
INTERNATIONAL First discussion
8
G
LABOUR by a special tripartite
CONFERENCE E W Committee
The procedure
The Office submits a summary
of the discussion and a draft instrument
Comments
of governments,
J
employers
of setting, The Office prepares a revised
and workers
draft instrument
submission,
ratification,
denunciation
and revision INTERNATIONAL
G
Final discussion
of LABOUR
E W
by a special tripartite
CONFERENCE Committee
international
labour
standards
Adoption by the Conference
Transparency with a two-thirds majority
6.1
Submission and ratification by Member States Part
3
Article 19 of the Constitution of the ILO
obliges each Member to bring all 4
new Conventions and Recommendations
before the competent legislative authorities 5
in the 12 (exceptionally 18) months following 6
M
their adoption
7
Member States must inform the ILO 8
of the measures taken to bring the instruments
before the competent bodies 9
The procedure
J
of setting, There is no obligation to ratify a Convention
submission,
ratification,
denunciation
and revision
Ratifications are registered and all Member
States receive notification,
of
international as does the Secretary-General of the United Nations
labour
standards
Transparency
Unratified instruments continue to provide
useful guidance
6.2
The submission Part
3
The employers and workers organisations 4
1 Text sent to Member States and national 5
employers and workers organisations
6
M
2 Submission to the national authorities
within 12(18) months 7
3 Consultation of employers and workers 8
organisations on the nature of suggestions
to be made to the authorities with the power to legislate
9
The procedure
J
4 Obligation to produce a report for the Director-General
of setting, of the ILO on: measures taken within the framework
submission, of submission, decisions of the competent authority
ratification,
and comments received from employers
denunciation
and revision and workers organisations
of
international 5 Communication of the report to employers
labour and workers organisations
standards
Transparency
6.3
transparencies
Part
3
4
5
6
7
M
8
9
J
Application of standards:
regular supervisory machinery
Supervisory machinery Part
Government reports
3
Employers and workers comments 4
5
Committee of Experts on the Application 6
of Conventions and Recommendations
7
M
8
Direct requests sent
to governments
Observations published
in report III (4A)
9
J
Tripartite Conference Committee
Application
of standards: G
regular E W
supervisory
machinery
Transparency
Reports submitted to the
International Labour Conference
7.1
Reports on ratified conventions (1) Part
OBLIGATION TO DRAFT A REPORT 3
4
ARTICLE 22 OF 5
THE CONSTITUTION 6
OF THE ILO: 7
M
8
Each of the Members agrees 9
to make an annual report
to the International Labour Office J
on the measures which it has taken
to give effect to the provisions
of Conventions to which it is a party.
Application These reports shall be made in such form
of standards: and shall contain such particulars as
regular
supervisory the Governing Body may request
machinery
Transparency
7.2
Reports on ratified Conventions (2) Part
LIST OF YEARS FOR WHICH A REPORT IS DUE 3
4
Conventions for which a simplified report is requested every five years
Every 5 years from Every 5 years from Every 5 years from Every 5 years from Every 5 years from
5
1996 1997 1998 1999 2000
10 3 1 4 6
13 7 2 11 14
16
19
32
9
26
58
5
8
27
12
17
18
22
23
24
6
7
33 68 30 41 25
M
53 84 44 42 52
60 91 45 85 55
62 92 47 89 56
69
73
74
99
103
110
59
63
82
121
127
148
71
77
78
8
9
102 112 88 149 79
113 119 96 150 90
118 120 108 151 94
123 126 117 154 95
125
128
134
131
133
135
130
136
142
155
156
158
97
101
106
J
138 137 147 159 107
139 141 160 161 114
145 146 167 162 115
152 153 168 171 124
157 163 169 132
164 140
165 143
166
Application 170
172
of standards: 173
regular 174
supervisory Priority Conventions for which a detailed reported is due every two years
machinery
29 81 29 81 29
87 98 87 98 87
Transparency 100 105 100 105 100
122 111 122 111 122
129 144 129 144 129
7.3
Detailed two-yearly reports Part
3
FREEDOM OF ASSOCIATION No. 87 and 98 4
5
No. 29 and 105
ABOLITION OF FORCED LABOUR
6
7
M
EQUAL TREATMENT
AND OPPORTUNITY No. 100 and 111
8
9
EMPLOYMENT POLICY No. 122
J
LABOUR INSPECTION No. 81 and 129
Application
of standards: TRIPARTITE CONSULTATION No. 144
regular
supervisory
machinery
Five-yearly reports
Transparency
Every five years for other Conventions
7.4
Non-periodic reports Part
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8
Article 24 and 26 or Committee on Freedom 9
of Association
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7.5
Detailed reports Part
3
GOVERNING BODY FORM
FOR EACH CONVENTION
4
Laws, regulations, etc.
5
Permitted exclusions, exceptions or other limitations (article 22) 6
7
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Implementing the convention: for each article, legislative
or other provisions which give effect to the convention
8
Constitutional provisions giving force of law to the ratified convention
9
Replies to comments by the supervisory bodies
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Authorities responsible for the application of relevant laws
and regulations and information on their activities
7.6
Simplified reports Part
3
4
Laws, regulations 5
6
Implementation of the convention 7
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Communication of copies 8
of reports to employers 9
and workers organisations
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Observations of employers
and workers organisations
Application
of standards:
regular
supervisory
machinery
Transparency
7.7
Committee of Experts Part
3
The Committee of Experts examines 4
government reports
5
Members of the Committee 6
are appointed by the Governing Body
7
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Members are drawn from all over the world 8
9
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Application
of standards:
regular
supervisory
machinery
Transparency
7.8
Texts examined by the Committee of Experts Part
3
R eports provided for under article 22 of the Constitution 4
Reports provided for under article 19 of the Constitution 5
on submission to the competent authorities of Conventions
and Recommendations adopted by the Conference
6
7
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Information and reports concerning unratified
Conventions and Recommendations provided 8
for under article 19 of the Constitution
9
Information received by employers J
and workers organisations
7.9
Comments of employers and workers organisations Part
3
T he comments of employers and workers 4
organisations received by the Committee of Experts
are forwarded directly by the Office to the governments
5
concerned for comments 6
7
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8
9
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Application
of standards:
regular
supervisory
machinery
Transparency
7.10
Report of the Committee of Experts Part
3
The Committees report is first submitted
4
to the Governing Body 5
The Committees report consists 6
of the following parts:
7
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Part one: a general report
Part two: comments concerning certain countries 8
Part three: a general survey
9
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Application
of standards:
regular
supervisory
machinery
Transparency
7.11
General survey (art 19 of the Constitution) Part
Reports received by 3
the Member States
concerning unratified 4
instruments are examined 5
by the Committee of Experts,
whose conclusions are published
6
7
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annually in the form
of a general survey. 8
The general surveys are an authoritative reference 9
on law and practice throughout the whole world
in relation to a particular subject.
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Application
of standards:
regular
supervisory
machinery
Transparency
7.12
The Conference Committee on the Application of Standards (1) Part
3
The Committee of Experts report is submitted
to the International Labour Conference
4
5
It is examined and discussed by a tripartite Conference
Committee specially established for this purpose 6
7
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The Committee elects a chair and two vice-chairs,
each chosen from the three groups, and a reporter 8
9
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Application
of standards:
regular
supervisory
machinery
Transparency
7.13
The Conference Committee on the Application of Standards (2) Part
3
The Committee examines:
4
the measures taken by Members to give
effect to Conventions,
5
and the information provided 6
by Members concerning the results of inspections
7
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8
information and reports on unratified Conventions
and Recommendations communicated
by Members, in accordance with article 19
of the Constitution 9
the measures taken by Members under article 35
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of the Constitution
individual cases
Application
of standards: The Committee must submit a report
regular
supervisory to the Conference
machinery
Transparency
7.14
transparencies
Part
3
4
5
6
7
8
9
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J
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Helps to identify Ensures feedback
solutions on standards J
Source of information
for preparing standards
Standards and
technical
co-operation DEVELOPMENT OF SOCIAL JUSTICE
Transparency
9.1
Assistance offered by the ILO Part
3
A. Overall active partnership policy in close 4
co-operation with the three constituents
5
6
B. The ILO works in the field with its decentralised 7
offices and multidisciplinary teams 8
9
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C. Direct contacts involve a visit
to the country
Standards and
technical D. Employers and workers organisations should
co-operation be involved in direct contacts
Transparency
9.2
transparencies
Part
3
4
5
6
7
8
9
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The standard setting of the ILO
and globalisation:
- revision of standards
- Declaration on Fundamental Principles
and Rights at Work and its Follow-up
Standards revision policy (1) Part
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Convention (No.105) on the abolition of forced labour, 1957
Non-discrimination:
Convention (No.100) on equal remuneration, 1951
Convention (No.111) on discrimination
Revision of (employment and occupation), 1958
standards, Minimum age:
the standard
setting of Convention (No.138) on the minimum age for admission
the ILO and to employment, 1973
globalisation
Transparency
10.1
Standards revision policy (2) Part
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labour standards, 1976
Revision of
standards,
the standard
setting of
the ILO and
globalisation
Transparency
10.1bis
Proposed revision of standards Part
MATERNITY PROTECTION
3
Convention (No. 3) on maternity protection, 1919
4
Convention (No. 103) on maternity protection (revised), 1952 5
6
NIGHT WORK OF CHILDREN AND YOUNG PERSONS 7
Convention (No. 6) on night work of young persons (industry), 1919 8
Convention (No. 79) on night work of young persons
9
(non-industrial occupations), 1946
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Convention (No. 90) on night work of children (industry)
(revised), 1948
Revision of
standards,
the standard HOURS OF WORK
setting of
the ILO and Convention (No. 43) on sheet-glass works, 1934
globalisation
Convention (No. 49) on the reduction of hours of work
Transparency (glass-bottle works), 1935
10.2
Promotion of ratifications / denunciations (revised conventions) (1) Part
Subjects
Conventions proposed Conventions proposed 3
4
for ratification for denunciation
Hours Convention (No.153) on hours Convention (No.67) on hours of work
5
of work of work and rest periods and rest periods
(road transport), 1979 (road transport), 1939
6
Holidays Convention (No.132) on holidays Convention (No.101) on holidays
with pay with pay (revised), 1970 with pay (agriculture), 1952
Social
security
Convention (No.130) on medical care
and sickness benefits, 1969
Convention (No.24) on sickness
insurance (industry), 1927 7
8
Convention (No.25) on sickness
insurance (agriculture), 1927
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insurance (agriculture), 1933
Convention (No.37) on invalidity
insurance (industry, etc.), 1933
Convention (No.38) on invalidity
insurance (agriculture), 1933
Convention (No.39) on survivors
Revision of insurance (industry, etc.), 1933
standards, Convention (No.40) on survivors
the standard insurance (agriculture), 1933
setting of
Convention (No.168) on employment Convention (No.44) on unemployment
the ILO and promotion and protection against provision, 1934
globalisation unemployment, 1988
Subjects
Conventions proposed Conventions proposed 3
for ratification for denunciation
Employment Convention (No.89) on night work Convention (No.4) on night work 4
5
of women (women) (revised), 1948 (women) , 1919, and/or Convention
[and Protocol, 1990] or Convention (No.41) (revised) on night work
(No.171) on night work, 1990 (women), 1934
Dock
workers
Convention (No.152) on occupational
safety and health in docks, 1979
Convention (No.28) on protection
against accidents for dockers, 1929 8
9
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Revision of
standards,
the standard
setting of
the ILO and
globalisation
Transparency
10.3b
Promotion of ratifications / denunciations (conventions not revised) Part
Subjects
Conventions proposed Conventions proposed 3
for ratification for denunciation
Night Convention (No.171) on night work, Convention (No.20) on night work
4
work 1990 (bakeries), 1925
5
Employment
of women
Convention (No.176) on safety
and health in mines
Convention (No.45) on underground
work (women), 1935
6
7
8
Migrant Convention (No.97) on migration Convention (No.21) on inspection
workers for employment (revised), 1949 of emigrants, 1926
Indigenous
workers
Convention (No.169) on indigenous Convention (No.50) on the recruiting 9
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and tribal peoples, 1989 and/or of indigenous workers, 1936
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Convention (No.117) on social policy Convention (No.64) on contracts
(basic aims and standards), 1962 of employment
Convention (No.97) on migration (indigenous workers), 1939
for employment (revised), 1949 Convention (No.86) on contracts
Convention (No.143) of employment
on migrant workers (indigenous workers), 1947
Revision of (supplementary provisions), 1975
standards,
the standard
setting of
the ILO and Convention (No.169) on indigenous Convention (No.65) on penal sanctions
globalisation and tribal peoples, 1989 (indigenous workers), 1939
Convention (No.104) on the abolition
Transparency of penal sanctions
(indigenous workers), 1955
10.4
Conventions set aside Part
3
Conventions not coming
into force:
Conventions No.31, 46, 51, 61
(hours of work) and 66
4
(migration for employment) 5
6
Night work: Convention No.20
7
Employment agencies: Convention No.34
8
Hours of work: Conventions No.43, 49, and 67
9
Minimum age: Convention No.60 J
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Social security: Conventions No.35, 36, 37, 38,
39, 40 and 48
Revision of
standards, Migrant workers: Convention No.21
the standard
setting of Dockers: Convention No.28
the ILO and
globalisation Indigenous workers: Conventions No.50, 64, 65,
86 and 104
Transparency
10.5
Universal application of fundamental principles and rights Part
3
4
5
Even if Member States have not ratified
the following conventions, the simple fact of their
6
adherence to the Organisation obliges them 7
8
to respect, promote and implement the principles
concerning these fundamental rights:
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b) the elimination of all forms of forced or
compulsory labour;
Declaration on c) the effective abolition of child labour; and
Fundamental
Principles d) the elimination of discrimination in respect of
and Rights at
Work and its employment and occupation.
Follow-up
Transparency
10.6
FOLLOW-UP MECHANISM (1) Part
3
4
Annual report requires from states members who
have not ratified one or more fundamental conventions on:
5
freedom of association and right to collective bargaining
6
forced labour 7
child labour 8
discrimination in employment and occupation
9
J
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With remarks by employers and workers organizations:
Declaration on
Fundamental - a group of experts appointed by the governing body
Principles
and Rights at introduces the reports
Work and its - the reports are examined by the governing body
Follow-up
Transparency
10.7
FOLLOW-UP MECHANISM (2) Part
3
4
Global report covering one of the four categories of 5
fundamental principles and rights each year:
6
freedom of association and right to collective bargaining
forced labour
7
child labour 8
discrimination in employment and occupation 9
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To provide a global view of ratified
Declaration on
Fundamental and unratified conventions:
Principles
and Rights at - report submitted to the conference
Work and its (discussion and guidelines regarding technical cooperation)
Follow-up
Transparency
10.8