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International Labour Office

Geneva
International Training Centre
of the ILO - Turin

International Labour
Standards: A Trade
E. Cairola Union Training Guide
A. Chiarabini

Active Teaching Methods


in Trade Union Training
Copyright International Training Centre of the ILO 1998

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.

First published 1998

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.

Designer: Filippo Cabiddu


Layout: Byblos - To
Printing: Tip. Stampart - Torino

Cover photo: Sebastio Salgado


Inside photos: International Labour Office - Geneva

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.

The continuing importance of the ILOs standard-setting activity is


widely recognised, and it is generally accepted that international labour
standards are still the principal means of achieving the Organisations
objectives.

The activities of the ILO, particularly with respect to international


labour standards, are very important for workers and workers
organisations, whose already active participation in this area should be
enhanced even further. It is especially important for both male and
female workers to be able to take part systematically and regularly in
supervising the application of international labour standards and also in
the preceding stages, i.e., the preparation, adoption and application of
these standards at national and international level alike.

A training pack on international labour standards has been


prepared to meet the training needs of workers organisations in this
field and to help strengthen their departments responsible for standards
and for ensuring respect for workers rights. The pack is part of the
Strengthening workers participation and social dialogue with
information technology project, financed by the Italian Ministry of
Foreign Affairs.

The training guide is the result of co-operation between the


International Labour Standards Department (NORMES), the Bureau of
Workers Activities (ACTRAV), and two technical programmes from the
ILO International Training Centre in Turin: the Programme for
Workers Activities and the Programme on International Labour
Standards and Human Rights. The other documents in the training
pack have been prepared respectively by the Bureau for Workers
Activities and the ILO International Labour Standards Department.

Together with the documents in the pack, this training guide


makes an effective tool for trainers. It will be useful both with respect

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.

This guide was produced by the Workers Activities Programme


and the International Labour Standards and Human Rights Programme
at the International Training Centre in Turin; more specifically, by Mr.
Enrico Cairola and Mr. Alessandro Chiarabini, who, among other
things, designed the teaching activities that appear in the following
pages and devised the guides training methodology. Several other
colleagues with specialist knowledge of trade union training, of
standards and of designing teaching materials also assisted in the
production of this publication.

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

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7
Contents
1. Contents of the training pack

2. Development objectives of the pack on international


labour standards

3. Specific objectives of the pack

10 4. Target group

10 5. Description of the modular structure of the training guide

12 6. Teaching methodology: active teaching methods

13 7. Teaching methods

15 8. Assessment

16 9. Visual aids (transparencies)

16 10. Electronic aids (CD-ROM and access to the


World Wide Web)

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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Trainers guide

1. Contents of the training pack


The training pack on international labour standards for workers
organisations consists of the following:

A ACTIVE TEACHING METHODS IN TRADE UNION


TRAINING
International Labour Standards: a Trade Union
Training Guide

B INTERNATIONAL LABOUR STANDARDS


Workers Education Manual

C HANDBOOK OF PROCEDURES RELATING TO


INTERNATIONAL LABOUR CONVENTIONS AND
RECOMMENDATIONS

D LIST OF RATIFICATIONS BY COUNTRY

E CD-ROM

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A Active teaching methods in trade union training:


INTERNATIONAL LABOUR STANDARDS: A TRADE UNION
TRAINING GUIDE.
This training guide is the principal tool of the pack and
contains:
The presentation of an active learning methodology.
A summary of the technical content in respect of
international labour standards.
Teaching activities for small group or individual work.
Visual aids.
References for further details on the contents of
international labour standards.
Bibliographic references.

B INTERNATIONAL LABOUR STANDARDS: Workers Education


Manual.
This manual provides a more detailed view of the content of
the course and the origins and development of ilo action in this
area. It explains the procedures for adopting standards,
conventions and recommendations and gives an overview of
the huge body of standards adopted to date.

C HANDBOOK OF PROCEDURES RELATING TO


INTERNATIONAL LABOUR CONVENTIONS AND
RECOMMENDATIONS.
This handbook describes in detail the procedures in force in the
ilo relating to the adoption and implementation of conventions
and recommendations.

D LIST OF RATIFICATIONS BY COUNTRY.


A complete list (up to date on 1 March 1998) is also appended
to the training guide. In addition to giving participants an idea
of the number of ratifications of the different conventions
presented in the course, the list will also be used in the
exercises.

E CD-ROM. This electronic aid contains all the documents


referred to above, adapted to the appropriate formats. All these
documents can be browsed by means of hypertext links. All the
necessary software tools are supplied on the cd-rom for users to
connect to the internet and to access a range of web pages and
services.

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2. Development objectives of the pack on


international labour standards
This pack has been designed on the one hand to systematise some
of the training documents/material on international labour standards
produced by the ILO and its international Training Centre in Turin, and
on the other to support and develop the international labour standards
policy of the ILO.
The following development objectives can be achieved after using
the pack in workers organisations:
Improvement in respect for and protection of workers rights;
Enhancement of workers organisation participation in the
international labour standards system;
An increase in the number of Conventions ratified following
trade union campaigns supported by training and information
actions;
The establishment within workers organisations of a
department/office responsible for continuously monitoring the
technical/legal work arising out of the ILOs activities and for
co-ordinating, with the training department, the organisation
of awareness-raising and training activities on the ILO and
international labour standards;
Support for the use of information technologies in workers
organisations, particularly in training departments.

3. Specific objectives of the pack


Part 1: Trainers guide:
the first part of the pack is designed to allow the trainer to
become familiar with its contents and with the structure of the
guide, and to master the teaching aids provided.

At the end of the training cycle based on this guide the


participants will have achieved the following objectives:

Part 2: Opening of the course, presentation of participants


and definition of objectives:
to allow participants to get to know each other;
to adopt the objectives of the course, in co-operation with the
trainer;
to discuss individual needs/objectives with the trainer;

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to develop a comparative analysis of the trade union context in


which the participants work;
to plan the organisation and supervision of the course
(teaching units), in co-operation with the trainer.

Part 3: The ILO and standard setting:


to identify the originality and specific nature of the ILO in
relation to other United Nations specialised agencies;
to describe the fundamental principles on which the ILO is
founded;
to identify the structure, framework and terms of reference of
the ILO;
to identify the structures in the International Labour Office
responsible for supporting workers activities at international,
regional and national level;
to locate the place and role of trade union organisations in
support of tripartism.

Part 4: Characteristics of international labour standards:


to establish the difference between a Convention and a
Recommendation;
to identify other instruments constituting the social policy
guidelines supplementing international labour standards;
to explain the practical effect of standards;
to identify the principal characteristics of international labour
standards;
to distinguish between promotional standards and technical
standards;
to link tripartite participation and the application of standards
at national level;
to classify international labour standards by subject.

Part 5: Purpose and content of standards:


to classify the principal ILO Conventions and
Recommendations according to their main subjects and
objectives;
to provide an awareness of the contents of the principal
international labour standards;
to provide an awareness in particular of the principal standards
in relation to basic human rights;
to participate in preparing national labour legislation according
to ILO Conventions and Recommendations.

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Part 6: The procedure of setting, submission, ratification,


denunciation and revision of international labour
standards
to identify the principal stages in the procedure of preparing,
submitting, ratifying, denouncing and revising international
labour standards;
to describe the role of employers and workers organisations in
the procedure of submitting, ratifying, denouncing and revising
international labour standards.

Part 7: Application of standards: regular supervisory


machinery
to identify the provisions of the ILO Constitution relating to
regular supervision;
to analyse the procedure relating to the system of sending
reports;
to identify the key points to be highlighted in preparing
detailed reports and simplified reports;
to identify the role to be played by workers organisations in
the regular supervisory machinery;
to compile the observations of workers organisations;
to describe the composition and terms of reference of the
Committee of Experts and the Conference Committee on the
Application of Standards;
to state how workers organisations can participate in following
up and supervising the application of international standards in
national law and practice and in improving the working and
living conditions of workers.

Part 8: Application of standards: special procedures,


including those on freedom of association
to identify and describe the various special procedures;
to identify the articles of the ILO Constitution governing these
procedures;
to explain the origin and importance the ILO attaches to the
principles and guarantees of freedom of association;
to identify the terms of reference and procedures of the
Committee on Freedom of Association and the Fact-Finding
and Conciliation Commission.

Part 9: Standards and technical co-operation


to link technical co-operation activities with the application of
international labour standards.

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Part 10: Revision of standards, the standard setting of the


ILO and globalisation
to discuss the Governing Bodys standards revision policy
according to the national situation;
to identify trade union action to be taken in relation to
standards proposed by the Governing Body for
ratification/denunciation.

Part 11: Preparation of an action plan and final assessment


of the course
to draw up a work plan for their own trade union organisation;
to give an overall assessment of the course.

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.

5. Description of the modular structure of the


training guide
Each module in this training guide is divided into parts to
facilitate the instructors work and the planning of the teaching unit.
In each part (teaching unit) the trainer will find the following:

Content.
List of subjects covered in the teaching unit.

General / specific objectives.


The general and specific objectives to be achieved at the end of
the teaching unit are presented.

Proposed training strategy.


To achieve the objectives referred to the trainer may follow the
proposed training strategy, which provides a logical horizontal and

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vertical sequence. Horizontal, in the sense that each activity (training


action) is supported by a specific training method and the respective
teaching material. The interaction of these elements must be ensured
by the trainer within a given period. Vertical, as a sequence of the
different training actions forming the teaching unit as a whole.

Contents of the module.


This part presents a summary of the contents that should be
presented by the trainer. These can be dealt with in more detail by
using other documents provided in the pack.
Certain references (key words) located to the left of the text are
provided as a presentation aid. The trainer can therefore immediately
visualise the structure of the contents and the sequence of presentation.

List of supporting material.


A list of the supporting teaching material, including:
Transparencies
Teaching activities
Supporting documents:
- annexes to the teaching unit
- contents of the pack
- bibliographic references

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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6. Teaching methodology: active teaching


methods
Since the training guide is part of the series Active Teaching
Methods in Trade Union Training, the principal elements of this
approach should first be summarised.
Traditional teaching methods based on the transmission of
knowledge on the one hand and the passive reception of learning on
the other had a certain raison dtre in the cultural and political context
characterised by the presence of powerful messages which were not to
be discussed and challenged.
This traditional methodology had also been applied to trade union
training, seen as vocational training with the emphasis primarily on
technical instruction. Over the years a new form of interaction between
teacher and pupil has emerged and has rapidly changed this
relationship and the aims of training in the trade union context.
Participants in training activities began to be seen as sources of
knowledge and active subjects of the training process. Active learning
assumes that the participants in a training course are fully involved
rather than being seen as passive subjects. This consequently implies
that the participants trade union experience is one of the constituent
elements of a training course.
The different teaching activities, particularly drawing up reports
before the course begins, the definition of participants aims and above
all the preparation of a work plan at the end of the training cycle are
developed from the trade union experience of the participants, who
adopt an interactive approach throughout the course.
The course is built up on a very practical basis from the
experience of the participants, who make an essential contribution to
its preparation, and together with an action plan it is designed to bring
down the barrier of the classroom so as to put the skills acquired into
effect in the trade union context.
Active learning is thus learner-centred, while the trainer plays the
role of facilitator, guiding and supporting the learning process by
transmitting technical skills that should interact with the individual and
collective trade union experience available among the course
participants.
The introduction of active learning methods and the development
of this methodology requires flexibility on the part of
facilitators/planners, who must be receptive to some negotiation/re-
negotiation of the curriculum during the course, in order to ensure that
the needs of the beneficiaries are met.
A course on international labour standards, which cover a specific
area, includes a training methodology component that prevails
throughout the activity and involves active learning methods.
The first stage consists of preparing a report at the beginning of
the course presenting a comparative analysis of the situation in the

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participants different countries so as to assess their training needs and


establish the teaching objectives of the course, with their co-operation.
The aim of this part of the course is to identify the principal
training objectives and thus adapt the content of the course through
appropriate teaching methods (see part 2).
This procedure is constantly monitored thanks to a method of
continuous assessment that allows trainers to respond to participants
needs as they arise.
This continuous negotiation of the rate of work according to
training needs and objectives makes the course very flexible and
encourages participants to apply the results of their work during the
course in their own trade unions.
During the final stage of the programme the participants prepare
action plans that they will implement at local or national level on their
return home.
Annex 2 is a description of a model course that can be used for
preparing a training activity on international labour standards.

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;

The methods suggested in this training guide are the following:


guided discussion
case study
role play
interactive presentation of reports and work plans
small group work and individual work.

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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The facilitator should ask the participants questions to elicit their


experience and link it to the technical content to be presented.
The facilitator should guide participants in their discussion so
that they discover the technical content of the module.
As the discussion goes on the facilitator may summarise the
results in the form of key words to lead participants to draw the
conclusions already envisaged in the discussion plan.

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.

Interactive presentation of reports and work plans


This method is designed to organise the presentation of
information produced interactively by the participants. The various
reports on the national context or the trade union group/federation are
presented from a comparative point of view and are meant to produce
a comparative analysis between the different trade union
participants/organisations.

Small group/individual work


Small group work is the most common method used in trade
union training. Thanks to the opportunities it provides for co-operation
and comparing points of view, this method facilitates the enhancement
of human resources and team work. The reports from each group are
presented to the plenary. The facilitator can use the teaching activities
(exercises) in two different ways:
carrying out the activity after presenting the technical content,
and completing the latter once the activity has been concluded;
carrying out the activity immediately and then presenting the
technical content according to the results of the activity.
Individual work is carried out in particular to draw up an
action plan prepared at the end of the course to help to transfer
the skills acquired to the respective trade union organisations.

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To ensure that group work is effective the facilitator must


supervise the following elements:

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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Interim assessments (normally weekly) take place during the


course so as to ensure that the different elements (teaching units)
contribute clearly to achieving the general objectives of the course.
The immediate objectives are assessed by participants by means of
questionnaires and work plans presented at the end of the course.
A year after the end of the course the long-term objectives can
start to be assessed, making it possible to determine how far it has been
possible to apply the action plans, and also to assess the contribution of
the training to the development of long-term objectives relating to
international labour standards for the trade union movement.

9. Visual aids (transparencies)


Visual documents (which can be made into transparencies) are
collected at the end of each teaching unit.

10. Electronic aids (CD-ROM and access to the


World Wide Web)
The CD-ROM in this pack was designed as part of a pilot project
consisting of developing and publishing the training contents in
electronic format so that they can be used at a distance by trainers to
reinforce workers organisations. A PC running Windows or MacOS
and a CD-ROM player are required to use this CD-ROM.
The CD-ROM contains all the modules of the training guide and
the bibliographic references forming the pack. Links are established
within and between these documents to enable the user to navigate
the contents easily.
For organisations connected to the Internet the components of
this CD-ROM are also accessible on the World Wide Web services of
ILO-ACTRAV and the ILO Training Centre in Turin.
The main objective is to make teaching resources available to
trainers in trade union organisations in a flexible and effective form.
Another objective of this new approach is to help workers
organisations to become users of information technologies, both for
training activities and for everyday management operations and internal
and external communication at national and international level.
The CD-ROM contains three different products and a fourth option
making it possible to access the ILO Web site to obtain specific services.
These three products are in fact the training guide on
international labour standards, presented in 3 homogenous versions:

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A complete paper version ready to be printed in A4 format


with a PC printer, in black and white or in colour. In this way
the trainer (or user) has the whole guide in traditional form to
consult, study and copy. Certain parts (the teaching activities,
for example) can be kept on hard disk (or a floppy disk) to be
adapted to the particular needs of each trade union
organisation according to the local context.
A so-called audiovisual version containing only the
transparencies, supported by photographs and videos, ready to
be projected in the classroom.
If the PC is connected to a liquid crystal screen for an OHP
or a video projector, the transparencies can be projected
directly onto a large screen. This solution is extremely flexible
and makes it possible to move quickly from one transparency
to the next without handling the document.
If this equipment is not available the trainer can refer to this
version to print only the transparencies required during
preparation of the course.
A complete multimedia version adapted particularly for
individual use. Provided in computer screen format, this
version is fully operational for the individual training of a
trainer or learner.
This version allows trainers to navigate within the modules
and bibliographic references of the guide to enhance their
mastery of the subject and enable it to be transmitted precisely
and effectively during courses.
This multimedia version can also be used in classroom
training to allow participants to do individual (or group) work
under the trainers supervision, and to become familiar with
this new teaching dimension. In this case the room will have to
be equipped with several computers with CD-ROM players.
The participants can use the CD-ROM to continue with their
own training, to locate important information in their specific
field, and eventually to become trainers themselves in their
trade union organisation.

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Connection to the World Wide Web. The CD-ROM also


contains the means and instructions necessary to connect
users to the World Wide Web services of the ILO and the ILO
Training Centre in Turin, so that they can benefit from on-
line information and services and from the support of
specialists in the different departments of the ILO.
The three versions of the guide will also be available on the
World Wide Web sites of the ILO-ACTRAV and the ILO
Training Centre in Turin.
Access to the World Wide Web sites of workers organisations
or organisations concerned with the defence of human rights
will also be facilitated.
As stated above, a connection to the Internet will obviously
be required to access these services. This connection can be
provided by a local Internet service provider.

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.

To facilitate the search for information concerning national and


international labour standards, a file on the services offered by the ILO
LABORLEX can be found in annex 4.

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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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Stage 3: Progress report


This stage allows each small group, pair or individual to present a progress
report to all the other participants.
This will be done in different ways at different times. It may be an oral progress
report, sometimes with the aid of a visual aid or flip chart, diagram, etc.. The
progress report presents the work accomplished in the preceding stage.
When groups have worked on the same task the progress reports should often
be presented by all the groups before the general discussion. It is useful,
however, to give the other participants chance to ask questions or ask for
clarification from the reporter and the group at the end of each progress report.
When the groups have finished the different tasks (e.g., preparing training
material on different arguments), you will ask the whole course to discuss the
progress reports one by one. You should establish a balance between
discussing one groups progress report and the time available for all groups to
present their reports. In this stage it is important to assess each groups work
and contributions. Each group will ask questions, further information will be
provided by the trainer and the full discussion (with all participants) may
generate new ideas and new approaches. One way or another this procedure
must be consolidated so as to allow it to be valid and useful for the future.
The trainer has the great responsibility of assisting this procedure by
structuring the plenary discussion so as to obtain concrete results.
Finally the instructor will try to draw together the principal themes, questions
and conclusions of the activity. There is no pre-established way of doing this.
You can summarise the discussion verbally, or the instructor can put the
principal conclusions of the discussion on the board or on flip charts.
At the end of an activity the participants should have the impression of having
progressed towards the objectives of the teaching unit. The instructor should
also highlight the relationship between the activity and the preceding and
following activities.

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Check list: the three stages

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

Trade Union Training


Programme on International
Labour Standards

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Reference data

Title: Trade union training programme on international


labour standards
Language of the course: English
Participants: ........
Duration: ........
Location: ........
Funding: ........

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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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to use an active methodology in relation to trade union training and to


produce teaching aids/training guides in this area;
to produce training materials and individual action plans for implementing a
project at national level.

4. CONTENTS OF THE COURSE


The content will be structured as follows:
Presentation of reports by country and comparative analysis at sub-
regional/regional level
- The national context in which the trade union functions.
- The structure, organisation and priority policies of the trade union.
- The structure and training programmes organised by the trade union
and the role of international labour standards in training courses.
- The use of ILO documentation at the level of the trade union group (e.g.,
Committee of Experts report on the application of standards).
- Problems in the area of freedom of association, industrial relations,
relations with government and entrepreneurs.
- Problems in the area of conditions of employment, working conditions
and hygiene and safety.
- The Tripartite Commission for matters relating to the ILO and
international labour standards.

The ILO and standard setting:


- Origins and history
- The structure of the ILO
- The principle of tripartism

The procedure of preparing standards


- Procedure
- Conventions and Recommendations
- Flexibility of standards and regional/universal dimension

Purpose and contents of standards


- Basic human rights
- Employment
- Social policy and human resources
- Labour administration
- Industrial relations
- Conditions of work
- Social security
- Employment of women
- Employment of children and young people
- Special categories of workers

Application of standards : general aspects of the system


- Submission
- Ratification
- Denunciation

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Application of standards : supervision and assistance


- Government reports
- Comments of trade union organisations
- Committee of Experts
- Conference Committee on the Application of Standards
- Assistance to Member States

Representations and complaints

Protecting freedom of association and trade union rights:


- The Fact-Finding and Conciliation Commission on Freedom of
Association.
- The Governing Body Committee on Freedom of Association

Influence of international labour standards


- Effect of ratifications
- Effect and effectiveness of international labour standards

New information technologies and trade union activities.

Methodology for preparing an action plan/project:


- Definition of development/immediate objectives
- Inputs - activities - outputs
- Budget

Final assessment and assessment of the different stages of the course.

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.

6. STRUCTURE AND METHODOLOGY OF THE COURSE


This course consists of ... parts, with a total duration of ... weeks. The learning
methods take account of the level of competence and experience of the
participants and encourage their full participation in all the activities planned.
Active learning methods are favoured, and at the end of the course the
participants must prepare an individual project allowing them to put the
experience gained during the course into practice. They will also draw up
individual action plans with time limits for their implementation. These plans
must state the goals and objectives of the training initiatives in their trade
union organisations.

7. SUPPORTING MATERIAL
Books and specific documents will be distributed during the course.

8. TEACHING RESOURCES AND SERVICES


The courses are given by ..., and by trade union training specialists.

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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.

N.B.: Use of the training guide from CD-ROM


1. Use of CD-ROM requires a PC running Windows, Unix or Mac OS, with at
least a VGA screen (256 colours), 12 Megabytes RAM, and a CD-ROM player.
2. A certain number of peripherals are also recommended:
to print documents:
a black and white or colour printer
to project documents (transparencies)
a liquid crystal projection panel
OR
a video projector
connection to the Internet is also recommended (if possible) to ensure the
support of certain departments of the ILO and the ILO Centre in Turin.
3. A certain number of PCs are recommended to allow the development of
group work in classroom training.

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Laborlex
the standards information system

The standards policy and information service of the International Labour


Standards Department is responsible for co-ordinating the standards policy of
the ILO and for providing legal information to support the system of
supervising and applying standards by Member States. This service has set
up a standards information system which offers national administrations and
employers and workers organisations a legal information centre,
computerised databases and research and documentation services.
At the request of members the service has implemented activities especially
designed for workers organisations with the aim of supplying them with
computer tools on international labour standards and labour legislation. These
tools allow officials to monitor the development of the ILO standards policy.
Activities in the area of standards and information include the dissemination of
information, training programmes and the installation of computerised
documentation systems in developing countries.
Two databases are currently available and are gradually being distributed
through the Ministries of Labour and employers and workers organisations:
- The ILOLEX database contains the full text of international labour
Conventions and Recommendations and the reports of the ILO supervisory
bodies. A CD-ROM is published every year and is used as a training
support and source of information on standards for the multidisciplinary
advisory teams in the external offices and the International Training Centre
in Turin.
- The NATLEX database holds over 40,000 references to labour legislation
and the full text of certain basic legislative instruments. It is a valuable
source of information for Member States who wish to draw up or modify
their national legislation, and for employers and workers organisations,
companies and universities. NATLEX is also available on CD-ROM and
other computer supports.
Certain information on ILOLEX and NATLEX is available on the Internet
(http:\\www.ilo.org), in the section concerning international labour standards.
The Labour Law Documentation Centre is now processing and classifying
documents. At the request of the members of the ILO or the public, the Centre
can carry out bibliographic searches and issue documents and information
such as:

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- the texts of ILO Conventions and Recommendations


- the reports of the bodies supervising the application of standards
- the texts of national laws and regulations on work and social security
- teaching publications, articles and documents

For further information please contact:


LABORLEX
NORMES - ILO
4, route des Morillons - CH-1211 Geneva 22 (Switzerland)
Tel. 41 22 799 7149
Fax 41 22 798 8685.
email: infleg@ilo.org

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International Labour Office
Geneva
International Training Centre
of the ILO - Turin

2 Opening of the
course, presentation of
participants and definition
of objectives

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35

37
Contents
Objectives

Proposed training strategy

Opening of the course, presentation of participants and


definition of objectives (activities)
1. Personal presentation and definition of objectives
2. Welcoming a new participant
3. Questionnaire for participants
4. Presentation and comparative analysis of individual reports
5. Course meetings: daily assessment and/or assessment of the teaching unit

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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.

Participants will in particular be able to:


Specific
objectives Get to know each other
Adopt the objectives of the course, in co-operation with the trainer
Discuss their individual needs/objectives with the trainer
Develop a comparative analysis of the trade union context in which
they work
Plan the organisation and supervision of the courses (teaching units),
in co-operation with the trainer.

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Proposed training strategy


b SEQUENCES TEACHING
METHODS
TEACHING
MATERIAL
TIME

1 Official opening and


introduction to the course
30 mn

2 Present the general objective


and the specific objectives of
part 2: Opening of the course,
Presentation Flip chart 10 mn

presentation of participants and


definition of objectives

3 Present and hand out activity


No. 1: Personal presentation and
definition of objectives
Work group Flip chart 90 mn

4 Present and hand out activity No. 2:


Welcoming a new participant
Work group Flip chart 60 mn

5 Present and hand out activity No. 3:


Questionnaire for participants
Individual work Questionnaire 30 mn

6 Present and hand out activity No. 4:


Presentation and comparative
analysis of individual reports
Work group Flip chart/
transparencies
6h

7 Present and hand out activity No. 5:


Course meeting: daily assessment
and/or assessment of the teaching unit
Work group Flip chart 30 mn

8 Summary and trainers final


conclusion
Presentation Flip chart 30 mn

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Personal presentation and


definition of objectives
Approximate time: 90 min.

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?
....................................................................................................................................................................................................................

....................................................................................................................................................................................................................

....................................................................................................................................................................................................................

2) What country/region are you from?


....................................................................................................................................................................................................................

....................................................................................................................................................................................................................

....................................................................................................................................................................................................................

3) What is the name of your trade union group/federation?


....................................................................................................................................................................................................................

....................................................................................................................................................................................................................

....................................................................................................................................................................................................................

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4) What position do you hold in your trade union?


....................................................................................................................................................................................................................

....................................................................................................................................................................................................................

....................................................................................................................................................................................................................

5) How long have you been a member of your trade union?


....................................................................................................................................................................................................................

....................................................................................................................................................................................................................

....................................................................................................................................................................................................................

6) What experience do you have of trade union training?


....................................................................................................................................................................................................................

....................................................................................................................................................................................................................

....................................................................................................................................................................................................................

7) What experience do you have of international labour standards?


....................................................................................................................................................................................................................

....................................................................................................................................................................................................................

....................................................................................................................................................................................................................

8) What are your objectives as a participant on the course?


....................................................................................................................................................................................................................

....................................................................................................................................................................................................................

....................................................................................................................................................................................................................

9) (Another question of your choice)


....................................................................................................................................................................................................................

....................................................................................................................................................................................................................

....................................................................................................................................................................................................................

You should introduce your partner to the members of the group as a


3 Progress whole with the answers obtained from the above questions. You will
report have 5 minutes for this. During this time the trainer will note your
comments on a flip chart, particularly the answers to question 8.
This will make the group as a whole aware of the characteristics
differentiating its members and the characteristics uniting them, and
will allow them to adapt the objectives of the new course together.

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Welcoming a new participant


Approximate time: 60 min

In a course with many participants one or more of them often has to


1 Introduction join the group late.
For this activity you will be split into small groups of three or four people.
You will be asked to fully inform a participant who has just joined the
course and who has missed the first group sessions and activities.
This activity is designed to:
Help a new participant to integrate into the activities planned in
the syllabus.
Expand your capacity to communicate.
Apply trade union practices, such as the issuing of instructions
and the progress report, to trade union training.

Stage 1 (20 minutes):


2 Content Ask your partner the questions in activity n1. Appoint a member of
your group who must give the new arrivals answers to the group as a
whole (the trainer will provide the opportunity to do this later in the
session). Introduce yourself quickly to the new member of the group,
again using the results of activity n1 for reference. Try to identify the
similarities between the new participant and the group as a whole in
relation to the objectives established for the course.

Stage 2 (20 minutes):


Share the responsibility for informing the new member of the progress
that has been made so far. Responsibilities can be shared as follows:
Course methods (teaching approach)
Course materials
Administrative matters.

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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Questionnaire for participants


Approximate time: 30 min

For this activity you will be asked to answer individually a


1 Introduction questionnaire designed to obtain information on your background and
your experience in relation to the course. The information you provide
will be treated in confidence. An example of the questionnaire is
attached.
This activity is designed to:
define precisely the profile of each participant.
help define the needs of each participant in relation to the course.

Complete the attached questionnaire. This should take 30 minutes.


2 Content Give the completed questionnaire to your instructor. If any points cause
difficulty, consult the instructor.

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.

Note: The questionnaire will remain confidential.

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Questionnaire for participants


1. Family name: ........................................................................................................................................................
A Personal 2. Given name:...........................................................................................................................................................
details 3. Name you prefer to be called:...........................................................................................................
4. Date of birth: .........................................................................................................................................................
5. Age: ..................................................................................................................................................................................
6. Sex: ...................................................................................................................................................................................
7. Nationality: ..............................................................................................................................................................
8. Home address: .....................................................................................................................................................
...............................................................................................................................................................................................

...............................................................................................................................................................................................

9. Telephone / fax n: .........................................................................................................................................


10. Work address: .......................................................................................................................................................
...............................................................................................................................................................................................

...............................................................................................................................................................................................

11. Telephone / fax / E-Mail N:...............................................................................................................


12. Occupation: .............................................................................................................................................................
...............................................................................................................................................................................................

...............................................................................................................................................................................................

Complete the following table:


B Education EDUCATION First Last Name of Main
year year institution subjects
1. Primary
education
2. Secondary
education
3. Higher
education

Complete the following table by listing your work experience.


C Work Begin with the most recent:
experience
Employment Institutions/ Dates Full time/
Companies Part timel

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1. Name of your trade union group:


D Trade union ....................................................................................................................................................................................................

experience ....................................................................................................................................................................................................

2. Name of your trade union:


....................................................................................................................................................................................................

....................................................................................................................................................................................................

3. Total number of members of your trade union group and trade


union:
....................................................................................................................................................................................................

....................................................................................................................................................................................................

4. Are you a full-time or part-time official of your trade union or trade


union federation?
....................................................................................................................................................................................................

....................................................................................................................................................................................................

5. Indicate your current position in the trade union movement:


....................................................................................................................................................................................................

....................................................................................................................................................................................................

....................................................................................................................................................................................................

6. Briefly describe your current responsibilities as a trade union official:


....................................................................................................................................................................................................

....................................................................................................................................................................................................

7. List the principal trade union training activities in which you have
participated:

Subject Organisation Place/Duration/Date

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8. What experience do you have as a trade union training programme


organiser or trainer?
....................................................................................................................................................................................................

....................................................................................................................................................................................................

....................................................................................................................................................................................................

....................................................................................................................................................................................................

9. What experience do you have in relation to international labour


standards and/or national and international legal matters?
....................................................................................................................................................................................................

....................................................................................................................................................................................................

....................................................................................................................................................................................................

....................................................................................................................................................................................................

....................................................................................................................................................................................................

....................................................................................................................................................................................................

....................................................................................................................................................................................................

....................................................................................................................................................................................................

....................................................................................................................................................................................................

....................................................................................................................................................................................................

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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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5. Description of the position of law, practice and the principal


problems in relation to freedom of association, industrial relations
and relations with the government and employers.
6. Description of the principal problems in relation to conditions of
employment and work, and hygiene and safety.
7. Mention whether there is a national tripartite commission for ILO
questions and international labour standards and whether trade
unions participate in the standards procedure.

Stage 1: introduction to the work (30 min.)


Your instructor may give you some clarification of the 7 points asked
for in the report.

Stage 2: discussion of individual reports (60 min.)


After the introduction participants will be split into pairs to correct and
modify the reports prepared. The objective of stage 2 is to improve the
documents and create some homogeneity between the different reports.
This will allow participants to help each other in the final preparation
of group or sub-regional reports.

Stage 3: finalisation of individual reports (60 min.)


Each participant should make the necessary changes to their report,
following which it can be typed and copied.

Stage 4: comparative analysis (120 min.)


Participants will be divided into groups of 4 or 5 people to prepare a
summary of their individual reports. This summary will make it
possible to identify the common elements and analyse differences
within each group, and in the case of an international seminar, the
different sub-regions. A member of the group responsible for drafting a
final report will take notes on the comparative analysis of the reports.

Stage 5: approval of reports (90 min.)


The participants convene in a plenary session organised in the form of a
trade union meeting. The plenary should elect a chair and secretary,
who should perform the usual functions within the trade union. The
group as a whole will receive the typed reports. The objective of the
plenary meeting is to approve reports agreed by all the course
participants.

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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International Labour Office
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International Training Centre
of the ILO - Turin

3 The ILO and


standard setting

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50

51

53
Contents
Objectives

Proposed training strategy

The ILO and standard setting


1. Origin and history
2. Structure of the ILO
a. The Conference
b. The Governing Body
c. The International Labour Office (ILO)
d. The International Training Centre of the ILO in Turin
e. Other ILO bodies
3. Tripartism
4. Means of action
5. The ILO, a United Nations specialised institution

59 Activities
1. The ILO and its structure
2. The ILO and tripartism

61 List of supporting material

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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Proposed training strategy


b SEQUENCES TEACHING
METHODS
TEACHING
MATERIAL
TIME

1 Present the general objective and


the specific objectives of part 3:
The ILO and standard setting
Presentation Flip chart 10 min.

2 Use the video programme:


A Workers World, (if available
from the ILO Geneva)
Projection Projector and
screen
10 min.

3 Present the teaching unit:


Origin and history
Structure of the ILO:
Presentation
and discussion TR D
D
TR
1 D
4
2 D
3
30 min.

- The Conference
- The Governing Body
- The Office
- Decentralised structure TR D
5
- The ILO Centre in Turin
- Other ILO bodies TR D
6

4 Present and hand out activity No. 1:


The ILO and its structure
Work group Flip chart
Transparencies
60 min.

5 Conclude presentation of the


teaching unit
The principle of tripartism
Presentation
and discussion
TR D
7
30 min.

Means of action TR D
8
The ILO, a United Nations TR D
9
specialised institution

6 Present and hand out activity No. 2:


The ILO and tripartism
Work group Flip chart 180 min.

7 Summary of unit presented and


final conclusion
Guided discussion Flip chart 10 min.

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The ILO and


standard setting

The originality and specific characteristics of the International


Labour Organisation arise from the fact that it is the only worldwide
organisation founded on a tripartite structure involving governments,
employers and workers. It strives to promote social justice and better
living and working conditions throughout the world on which
universal and lasting peace can be established. Recognition of the need
to protect the basic rights of all workers, to build a humane society and
to avoid all negative forms of international competition was the corner-
stone of the creation of the ILO.

Origin and history


Origin and history Originally embodied in part XIII of the 1919 Treaty of Versailles
(TR 3.1) and revised by subsequent amendments, the Constitution of the ILO
(TR 3.2) defines the structure, goals, objectives and procedures of the
Founding of the International Labour Organisation
Organisation and authorises the creation of bodies to ensure that its
functions are implemented. It deals among other things with the
preparation, adoption, implementation and supervision of international
labour standards. Some of the provision of the Constitution are
Universal and lasting peace summarised below.
can be established only if it is
based upon social justice The first meeting of the International Labour Conference, the
Constitution of the ILO

supreme body of the ILO, took place in Washington in October 1919.


ILO Constitution

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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Declaration of In Philadelphia in 1944 the ILO Conference reasserted and


Philadelphia specified the Organisations goals and objectives in what has become
(TR 3.3) known as the Declaration of Philadelphia, a text which was
Declaration of Philadelphia (1944)

abour is not a commodity


subsequently incorporated into the Constitution of the ILO.
Freedom of expression
and of association are essential
This text recalls the basic principles on which the ILO is founded. i.e.:
to sustained progress

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.

poverty anywhere constitutes a danger to prosperity


everywhere;
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 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 welfare.
The Declaration then states what the goal and criteria of the
national and international policies and measures should be.

Structure of the ILO


Structure of the ILO The International Labour Organisation is composed of: a general
(TR 3.4) assembly - the International Labour Conference - which meets every
Structure of the ILO: principal bodies year, an executive council - the Governing Body - and a permanent
secretariat - the International Labour Office. The Organisation also
works through other bodies such as regional conferences, industrial
INTERNATIONAL LABOUR CONFERENCE
4 delegates per Member State
committees and panels of experts. The Conference also meets for
1 workers'
delegate
2 government
delegates

GOVERNING BODY
1 employers'
delegate
maritime sessions.
14 workers' 28 government 14 employers'
representatives representatives representatives

INTERNATIONAL LABOUR OFFICE

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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Four major international trade union organisations, namely: the


International Confederation of Free Trade Unions (ICFTU), the World
Confederation of Labour (WCL), the World Federation of Trade Unions
(WFTU) and the African Trade Union Unity (OATUU), have full
consultative status with the ILO. This means that they have the right to
attend, but not to vote at, any conference or meeting of any body of
the ILO. These organisations have an important advisory role to play in
all ILO bodies, particularly through the Workers Group, and also co-
ordinate their activities within the ILO.

The Governing Body


The Governing Body The Governing Body, whose members are elected every three
years at the Conference, normally meets three times a year. It draws up
the agenda for the Conference and the other ILO meetings, takes note
of their decisions and decides on the consequent action to be taken. It
appoints the Director-General and directs the activities of the
International Labour Office.
Like the Conference, the Governing Body is tripartite and is
currently composed of 56 full members (10 of whom are permanent
because of their industrial importance), 28 representing governments,
14 representing workers and 14 representing employers. Of the 28
government seats, 10 are held by the States of chief industrial
importance. The other 18 States are elected by the government
delegates at the Conference (except for those of chief industrial
importance). The employers and workers representatives are elected
by the employers and workers delegates at the Conference
respectively and are chosen in a personal capacity by their respective
electoral colleges to represent the employers and workers of the
Organisation as a whole.
As will be seen later, the Governing Body also plays an important
role in supervising the application of international labour standards. For
this purpose and to protect trade union rights in particular, it has set up
three bodies which will be described below: the Committee of Experts
on the Application of Conventions and Recommendations, the Fact-
Finding and Conciliation Commission on Freedom of Association, and
the Committee on Freedom of Association.

The International Labour Office (ILO)


The Office The International Labour Office in Geneva is the permanent
secretariat of the ILO and is made up of several departments. It
prepares the documents and reports which form the material for the
conferences and meetings of the Organisation and runs a technical co-
operation programme to support the standard-setting work of the
Organisation.

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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

Regional office Liaison office


The Regional Offices:
Area office Multidisciplinary advisory team

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.

The Area Offices:


The area offices cover sub-regions, each representing a
geographical area (see annex 2)

The Liaison Offices:


There are branch or liaison offices in several European capitals,
two in the United States, one in Japan and one in Canada.

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.

International Training Centre of the ILO, Turin


International The International Training Centre in Turin is responsible for
Training Centre of supporting the ILOs technical assistance by means of training and
the ILO (Turin)
research activities. The Centres two technical programmes, Workers
Activities and International Labour Standards, are responsible in particular
for implementing training activities in their respective fields, in close
co-operation with the ILO ACTRAV and NORMES departments.

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Other ILO bodies


Other ILO bodies The structure of the ILO also involves regional conferences.
(TR 3.6) Representatives of governments, employers and workers in a specific
Other ILO bodies region meet to study questions within the competence of the ILO of
R egional Meetings particular interest to that region.
RMeetings
egional and Technical
There are also several other bodies responsible for various matters.
A dvisory Committee on Salariedorkers
Employees and Professional W
The Joint Maritime Commission is a bipartite body (composed of
Joint Maritime Commission (bipartite) shipowners and seafarers representatives) which among other things
Joint Committee on the Public Service
(bipartite)
studies the working conditions of seafarers and prepares the special
sessions of the International Labour Conference devoted to maritime
questions.
The Joint Committee on the Public Service is also a bipartite body
(composed of representatives of governments and civil service trade
unions).
Various committees deal with specialised subjects, such as social
security, rural development and occupational health and safety. They
advise the Governing Body on the questions referred to them.

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

which workers and their organisations participate in the ILOs standard


setting and make use of the rights conferred on them with a view to
promoting the effective and widespread application of ILO standards.

Means of action of the Organisation


Means of action Standard setting and technical co-operation, together with
(TR 3.8) research and information (fields that will not be covered in this guide)
Means of
action
form the basis of the ILOs action.
I. STANDARD SETTING
Setting of international
labour standards

Adoption by the Conference


Supervision of application by Member
States

II. TECHNICAL CO-OPERATION


Standard-setting activities
Promotion of the objectives established
by international labour standards

Improvement of living
These concern the preparation and adoption of standards by the
and working conditions

Promotion of full employment International Labour Conference. Representatives of governments,


employers and workers in each State work together in the bodies of the
ILO and participate on an equal footing in standard setting. The
standards deal with freedom of association, employment promotion,

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equality of opportunity and treatment, human resource development,


working and living conditions, the abolition of child labour, social
security, safety and hygiene at work, labour administration, industrial
relations, etc.. Many of the standards concern fishermen, dockers and
other seafarers. The standards as a whole represent an outline of social
and labour policy drawn up at international level. The ILO Conference
is a world forum in which governments, employers and workers discuss
the principal problems of the world of labour and prepare instruments
to confront them, namely by means of international labour standards.

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.

The ILO, a United Nations specialised


institution
The ILO, a United The ILO is a United Nations specialised institution. It has its own
Nations specialised constitution, its own members and its own bodies, budget and staff; it
institution
has signed an agreement with the United Nations organising their
(TR 3.9)
mutual relations and co-operation.
The ILO and the United Nations system

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

United Nations Childrens Fund

United Nations Development Programme


operate in areas of common interest. Co-ordination also exists between
WHO World Health Organisation

IBRD
IMF
UPU
International Bank for Reconstruction and Development (World Bank)

International Monetary Fund

Universal Postal Union


the system of supervising the application of ILO standards and the
ITU

supervisory system created by virtue of certain United Nations


International Telecommunication Union

WMO World Meteorological Organisation

IMO International Maritime Organisation

WIPO World Intellectual Property Organisation

IFAD

international instruments concerning human rights.


International Fund for Agricultural Development

UNIDO United Nations Industrial Development Organisation

IAEA International Atomic Energy Agency


WTO World Trade Organisation

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The ILO and its structure


Approximate time: 60 min

This activity is designed to:


1 Introduction present the ILO and its structure and the trade union worlds
perception of this organisation;
assess the place and role of international trade union organisations
in the tripartite structure of the ILO.

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.

Select a reporter to organise your progress report so that the main


3 Progress points can be presented on a visual aid.
report The trainer will facilitate a general discussion based on each groups
conclusions, presented to the plenary by the reporters.

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The ILO and tripartism


Approximate time: 180 min

This activity is designed to:


1 Introduction consolidate the concept of social dialogue and tripartism;
reinforce the practice of social dialogue and tripartite participation in
ILO activities.

Option 1: participants from different countries


2 Content a) Each participant is asked to present (round the table) the practice of
social dialogue in their own country.
b) On the basis of the information provided, form two work groups:
the first will consist of countries without an institutional structure
responsible for social dialogue;
the second will consist of countries with an institutional structure
responsible for social dialogue
c) The two groups will work as trade union committees responsible for
preparing a trade union strategy seeking to set up and/or reinforce
social dialogue.
Among other things, each document should include the short and
medium-term objectives and the initiatives/actions necessary to achieve
them.

Option 2: participants from a single country


Form small work groups that will function as trade union sub-
committees responsible for drawing up a document concerning trade
union strategy seeking to set up or reinforce social dialogue in your
country.
Among other things, each document should include a general section
on the practice of social dialogue in your country, the short and
medium-term objectives and the initiatives/actions necessary to achieve
them.
You have around three hours for this activity.

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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List of supporting material


TR No. 3.1: The founding of the ILO
Visual aids TR No. 3.2: Scope of the ILO
TR No. 3.3: Declaration of Philadelphia
TR No. 3.4: Structure of the ILO: principal bodies
TR No. 3.5: The decentralised structure of the ILO
TR No. 3.6: Other ILO bodies
TR No. 3.7 Tripartite structure of the ILO
TR No. 3.8: Means of action
TR No. 3.9: The ILO and the United Nations system

No. 1 The ILO and its structure


Activities No. 2 The ILO and tripartism

Annexes to this teaching unit:


Supporting
documents Description of the video programme.
List of ILO offices.
List of multidisciplinary teams.
Contained in the pack:
International Labour Standards, Workers Education Manual,
chapters 1-2
Handbook of procedures relating to international labour
Conventions and Recommendations, Geneva, 1998
List of ratifications
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
See also:
http://www.icftu.org
http://www.cmt-wcl.org
http://www.ilo.org/public/english/50normes/index.htm

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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.

Part three: International labour standards


An overview is given of the ILOs activities in relation to standard setting, and
the distinction between Conventions and Recommendations is explained. The
main characteristics of international labour standards, their general content
and the procedure leading to their adoption are also described. Issues
concerning the ratification of Conventions and the obligation on Member
States to ensure that they are applied at national level are also dealt with, as
are problems relating to the measures designed to ensure such application.

Part four: the war against poverty


Based on various examples of technical co-operation projects implemented
by the Organisation in the war against poverty, this section presents the
technical co-operation activities of the ILO and the part they play in the
framework of international labour standards.

NB: Please order this video from ILO headquarters in Geneva or from the
nearest office.

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The world network of offices ILO


List of addresses

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

Algeria ILO Office in Algiers


9 rue Emile Payer - Hydia - Algiers
Tel: (2132) 69 13 24 fax: 69 20 88 telex: 0408/ 66144
GEOGRAPHICAL AREA
Algeria
Libyan Arab Jamahiriya
Morocco
Tunisia

Cameroon ILO Office in Yaound


B.P n13 - Yaound
Tel: (237) 20 50 44 fax: 20 29 06 telex: 0970/83 61
GEOGRAPHICAL AREA
Angola
Cameroon
Chad Central African Republic
Equatorial Guinea
Gabon
Sao Tome and Principe

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Democratic ILO Office in Kinshasa


Republic Building de la 2me Rpublique - Boulevard du 30 Juin - BP n7248 - Kinshasa
of the Congo Tel: (243 12) 334 07 fax: (1212) 376 95 24 (ILO Office) telex: 0982/21432
GEOGRAPHICAL AREA
Burundi
Congo
Democratic Republic of the Congo
Rwanda

Egypt ILO Office in Cairo


9, Dr. Taha Hussein Street - 11561 Zamalek - Cairo
Tel: (202) 341 92 90 fax: 341 08 89 telex: 091/94269
GEOGRAPHICAL AREA
Egypt
Sudan

Ethiopia ILO Office in Addis Ababa


P O. Box 2788 - Addis Ababa
Tel: (2511) 51 73 20 fax: 51 36 33 telex: 0980/21076
GEOGRAPHICAL AREA
Djibouti
Eritrea
Ethiopia

Madagascar ILO Office in Antananarivo


Villa Florence, rue Pasteur Rabary, Lot II K ter - BP 683 - 101 Antananarivo
Tel: (2612) 222 66 15 fax: 222 58 94 telex: 0986/223 49
GEOGRAPHICAL AREA
Comoros
Madagascar
Mauritius
Reunion
Seychelles

Namibia ILO Activities for Namibia


International Labour Office - Private Bag 13330 - Windhoek 9000 - Namibia
Tel: (264 61) 23 01 77 fax: 23 34 34
GEOGRAPHICAL AREA
Namibia

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Nigeria ILO Office in Lagos


Glass House, 5th floor, - 188, Awolowo Road - P.O. Box 2331 - Lagos
Tel: (2341) 269 39 16 fax: 269 07 17 telex: 0905/232 62
GEOGRAPHICAL AREA
Ghana
Nigeria

Senegal ILO Office in Dakar


2, rue El Hadj Amadou Assane NDoye - B.P n414 - Dakar
Tel: (221) 823 59 75 fax: 823 68 74 telex: 0906/218 21
GEOGRAPHICAL AREA
Cape Verde
Gambia
Guinea
Guinea-Bissau
Liberia
Mali
Mauritania
Senegal
Sierra Leone

South Africa ILO Office in Pretoria


Provisus Building - 5th floor - 523 Church Street - P.O. Box 40254 - Arcadia 0007 - Pretoria
Tel: (2712) 341 21 70 fax: 341 21 59
GEOGRAPHICAL AREA
Botswana
Lesotho
Namibia
South Africa
Swaziland

Tanzania, ILO Office in Dar Es Salaam


United Plot 40 A.H. Mwinyi Road - P.O Box 9212 - Dar-Es-Salaam
Republic of Tel: (255 51) 66 60 24 fax: 66 60 04 telex: 0989/ 411 26
GEOGRAPHICAL AREA
Kenya
Uganda
Tanzania, United Republic of
Somalia

Zambia ILO Office in Lusaka


Superannuation House, 3rd Floor - Ben Bella Road - PO Box 32181 - ZA 10101 Lusaka
Tel: (2601)22 80 71 fax: 22 32 77 telex: 0902/451 20
GEOGRAPHICAL AREA
Malawi
Mozambique
Zambia
Zimbabwe

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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

Argentina ILO Office in Buenos Aires


Avenida Cordoba 950, - Piso 13 y 14 - 1054 Buenos Aires
Tel: (541) 393 70 76 fax: 393 70 62
GEOGRAPHICAL AREA
Argentina
Paraguay
Uruguay

Brazil ILO Office in Brasilia


Sen Lote 35 - Brasilia - DF 70800-400
Tel: (5561)225 80 15 fax: 322 43 52
GEOGRAPHICAL AREA
Brazil

Costa Rica ILO Office in San Jos


Apartado Postal 10170 - San Jos 1000
Tel: (506) 253 76 67 fax: 224 26 78
GEOGRAPHICAL AREA
Costa Rica
El Salvador
Guatemala
Honduras
Nicaragua
Panama

Mexico ILO Office in Mexico


Guillermo Prieto n94 - Colonia San Rafael - 06470 Mxico, DF
Tel: (525) 566 25 54 fax: 703 13 08
GEOGRAPHICAL AREA
Cuba
Dominican Republic
Haiti
Mexico

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Trinidad ILO Caribbean Office in Port-of-Spain


and Tobago 11, St Clair Avenue - PO Box 1201 - Port-of-Spain
Tel: (1809) 628 14 53 fax: 628 24 33 telex: 0294/22626
GEOGRAPHICAL AREA
Anguilla
Antigua and Barbuda
Aruba
Bahamas
Barbados
Belize
Bermuda
British Virgin Islands
Cayman Islands
Dominica
Grenada
Guyana
Jamaica
Montserrat
Netherlands Antilles
Saint Kitts and Nevis
Saint Lucia
Saint Vincent and the Grenadines
Suriname
Trinidad and Tobago
Turks and Caicos Islands

Uruguay Centro Interamericano de Investigacin


y Documentacin sobre Formacin Profesional (CINTERFOR/OIT)
[Inter-American Research and Documentation Centre on Vocational Training]
Casilla de Correo 1761 - Montevideo
Tel: (5982) 92 05 57 fax: 92 13 05 telex: 032/ 225 73
GEOGRAPHICAL AREA
America

Asia and the Pacific


ILO Regional Office for Asia and the Pacific
UN Building, Rajdamnern Avenue - PO Box 2-349 - Bangkok 10200 - Thailand
Tel: (662) 288 12 34 fax: 281 14 96 telex: 086/82315
GEOGRAPHICAL AREA
Asia (through the offices of the ILO)
Australia
Brunei Darussalam
Cambodia
Hong Kong
Iran
Korea, Republic of
Korea, Democratic Peoples Republic of
Lao Democratic Peoples Republic
Macao
Malaysia
Myanmar
New Zealand
Singapore
Thailand
Vietnam

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Bangladesh ILO Office in Dhaka


PO Box 2061 - Ramna - Dhaka
Tel: (8802) 911 28 36 fax: 81 42 11
GEOGRAPHICAL AREA
Bangladesh

China ILO Office in Beijing


1-11-2 Tayuan Diplomatic - Office Building - 100600 Beijing
Tel: (8610) 65 32 50 91 fax: 65 32 14 20
GEOGRAPHICAL AREA
China
Mongolia

Fiji ILO Office in Suva


PO Box 14500 - Suva
Tel: (679)31 38 66 fax: 30 02 48
GEOGRAPHICAL AREA
American Samoa
Cook Islands
Fiji
French Polynesia
Guam
Kiribati
Marshall Islands
Micronesia
Nauru
New Caledonia
Niue Island
Norfolk Island
Palau
Papua New Guinea
Pitcairn Island
Solomon Islands
Tokelau Islands
Tonga
Tuvalu
Vanuatu
Wallis and Futuna Islands
Western Samoa

India ILO Office in New Delhi


Theatre Court, 3rd Floor - India Habitat Centre, - Lodi Road - New Delhi 110003
Tel: (9111) 460 21 01 fax: 460 21 11 telex: 081/317 40 97
GEOGRAPHICAL AREA
India
Bhutan

Indonesia ILO Office in Jakarta


PO Box 1075 - Japan M.H.Thamrin 14 - Jakarta 10010
Tel: (62 21) 314 13 08 fax: 310 07 66
GEOGRAPHICAL AREA
Indonesia

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Japan ILO Branch Office in Tokyo


8th floor - United Nations University - Headquarters Bldg.53-70
Jingumae 5-chome, Shibuya-ku - Tokyo 150
Tel: (813)54 67 27 01 fax: 54 67 27 00 telex: 072/25442
GEOGRAPHICAL AREA
Japan

Nepal ILO Activities for Nepal


P.O. Box 8971 - Kathmandu
Tel: (977 1) 52 85 14 fax: 53 59 33
GEOGRAPHICAL AREA
Nepal

Pakistan ILO Office in Islamabad


58, Khayabane Iqbal, - F 8/2, - P.O. Box 1047 - Islamabad
Tel: (92 51) 25 59 50 fax: 85 92 78 telex: 082/ 54271
GEOGRAPHICAL AREA
Afghanistan
Pakistan

Philippines ILO Office in Manila


MCPO Box 4959 - Makati Central Post Office - 1289 Makati City - Street address:
NEDA Building - 106 Amorsolo Street - Legaspi Village - Makati City
Tel: (632) 815 23 54 fax: 812 61 43 telex: 075/222 76
GEOGRAPHICAL AREA
Philippines

Sri Lanka ILO Office in Colombo


202/204 Bauddhaloka Mawatha - PO Box 1505 - Colombo
Tel: (941)50 05 39 fax: 50 08 65 telex: 0803/22951
GEOGRAPHICAL AREA
Maldives
Sri Lanka

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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Bosnia and Herzegovina


Bulgaria (through the Sofia correspondent)
Croatia
Cyprus
Czech Republic
Denmark
Estonia (through the Tallinn correspondent)
Finland
France (through the Paris Office)
Georgia (through the Moscow Office)
Germany (through the Bonn Office)
Greece
Hungary (through the Budapest correspondent)
Iceland
Ireland (through the London Office)
Israel
Italy (through the Rome Office)
Kazakhstan (through the regional advisor for Central Asia)
Kyrgyzstan (through the regional advisor for Central Asia)
Latvia (through the Riga correspondent)
Lithuania
Luxembourg (through the Brussels Office)
Malta
Moldova, Republic of
Netherlands (through the Brussels Office)
Norway
Poland (through the Moscow Office)
Portugal
Romania (through the Bucharest correspondent)
Russian Federation (through the Moscow Office)
San Marino (through the Rome Office)
Slovakia (through the Bratislava correspondent)
Slovenia
Spain (through the Madrid Office)
Sweden
Switzerland
Tajikistan
The former Yugoslav Republic of Macedonia
Turkey (through the Ankara Office)
Turkmenistan
Ukraine (through the Kiev correspondent)
United Kingdom (through the London Office)
Uzbekistan
Yugoslavia (Federal Republic of Yugoslavia)

Germany ILO Branch Office in Bonn


Hohenzollernstr. 21 - D - 53173 Bonn
Tel: (49228) 36 23 22 fax: 35 21 86
GEOGRAPHICAL AREA
Germany

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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Spain ILO Branch Office in Madrid


c/ Alberto Aguilera - 15 Depto, 1 - S - 28015 Madrid
Tel: (341) 548 20 66 fax: 547 44 22
GEOGRAPHICAL AREA
Spain

Russian ILO Branch Office in Moscow


Federation Petrovska 15, Apt. 23, - 103 031 Moskva - Russian Federation
Tel. (7095) 925 50 25 fax: 956 36 49
GEOGRAPHICAL AREA
Armenia
Belarus
Georgia
Russian Federation

France ILO Branch Office in Paris


1, rue Miollis - F - 75732 Paris Cdex 15
Tel: (331) 45 68 32 50 fax: 45 67 20 04
GEOGRAPHICAL AREA
France

Italy International Labour Office in Italy


Villa Aldobrandini - Via Panisperna 28 - I - 00184 Rome
Tel: (396) 678 43 34 fax: 679 21 97 telex: 043/62 30 12
GEOGRAPHICAL AREA
Italy

United Kingdom ILO Branch Office in London


Millbank Tower 21 - 24 Millbank - London SW1P4PQ
Tel: (44 171) 828 64 01 fax: 233 59 25 telex: 051/88 68 36
GEOGRAPHICAL AREA
Ireland
United Kingdom

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

Turkey ILO Office in Ankara


Ataturk Bulvari 197 - 06680 Kavaklidere - PK 407 - 06043 Ulus - Ankara
Tel: (90312) 468 79 22 fax: 427 38 16 telex: 0607/445 84
GEOGRAPHICAL AREA
Turkey

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United States and Canada


United States ILO Branch Office in Washington
1828 L Street, N.W. - Suite 801 - Washington, D.C.20036
Tel: (12 02) 653 76 52 fax: 653 76 87

ILO Liaison Office with the United Nations


220 East 42nd Street, Suite 3101 - New York, N.Y.10017-5806
Tel: (1 212) 697 01 50 fax: 883 08 44

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

Kuwait ILO Activities for Kuwait


Sharq Complex - Dasman - 1st floor, Flat 12 - PO Box 27966 Safat - 13140 - Kuwait
Tel: (965) 243 87 67 fax: 240 09 31 telex: 0496/231 38
GEOGRAPHICAL AREA
Kuwait

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ILO multidisciplinary advisory


teams
Equipe consultative multidisciplinaire pour lAfrique centrale et lAfrique de louest
OIT/EMACO - 01 - BP 3960 - Abidjan 01 - Cte dIvoire Tl: (225) 21 26 39 Fax: 21 28 80 Tlex: 0983/226 57

East Africa Multidisciplinary Advisory Team


ILO/EAMAT - PO Box 2532 - Addis Ababa - Ethiopie Tl: (25 11) 51 03 46 Fax: 51 36 33 Tlex: 0980/210 76

Equipe consultative multidisciplinaire pour les pays de lAfrique Sahelienne


OIT/EMAS - BP 414 - Dakar - Sngal Tl: (221) 822 16 33 Fax: 821 09 56 Tlex: 0906/218 21

Equipe multidisciplinaire pour lAfrique Centrale


OIT/EMAC - P.O Box 13 - Yaound - Cameroun Tl: (237) 21 74 48 Fax: 21 74 46

Northern Africa Multidisciplinary Advisory Team


ILO/NAMAT - 9, Taha Hussein St., 11561 Zamalek - Cairo - Egypt Tl: (202) 341 92 90 Fax: 341 08 89

Southern Africa Multidisciplinary Advisory Team


ILO/SAMAT - PO Box 210 - Harare - Zimbabwe Tl: (26 34) 78 17 61 Fax: 75 93 73 Tlex: 0907/262 08

Equipe consultative multidisciplinaire pour les Etats Arabes


OIT/ARMAT - P.O. Box 11 - 4088 Beirut - Lebanon Tl: (9611) 75 24 00 Fax: 75 24 05

Caribbean Multidisciplinary Advisory Team


ILO/CAMAT - 11, St.Clair Avenue - PO Box 1201 - Port-of-Spain - Trinidad and Tobago Tl: (1868) 628 14 53 Fax: 628 24 33

Equipo Consultivo Multidisciplinario para Amrica Central


OIT/ETM - Apartado postal 10170 - San Jos 1000 - Costa Rica Tl: (506) 253 76 67 Fax: 224 26 78 Tlex: 0376/2349

Equipo Consultivo Multidisciplinario para Amrica del Sur


ILO/ETM - Casilla 19034 - Correo 19 - Santiago - Chili Tl: (562) 201 27 27 Fax: 201 20 31 Tlex: 034/34 03 82

Equipo Consultivo Multidisciplinario para los Andes


OIT/ETM - Apartado Postal 3638 - Lima 1 - Per Tl: (511) 221 25 65 Fax: 421 52 92 Tlex: 036/254 74

East Asia Multidisciplinary Advisory Team


ILO/EASMAT - PO Box 2-349 - Bangkok 10200 - Thalande Tl: (662) 282 91 61 Fax: 267 80 43 Tlex: 086/823 15

South-East Asia and the Pacific Multidisciplinary Advisory Team


ILO/SEAPAT - PO Box 7587 - ADC/NAIA - Metro-Manila - Philippines Tl: (632) 815 23 54 Fax: 761 11 90 Tlex: 075/222 76

South Asia Multidisciplinary Advisory Team


ILO/SAAT - P.O. Box No. 643 - New Delhi 110001 - Inde Tl: (91 11) 460 21 01 Fax: 464 79 73 Tlex: 081/317 40 97

Central and Eastern Europe Multidisciplinary Advisory Team


ILO/CEET - Mozsr utca 14 - Pf.936 - H - 1386 Budapest - Hongrie Tl: (361) 301 49 00 Fax: 153 36 83 Tlex: 061/22 49 93

Eastern Europe and Central Asia Multidisciplinary Advisory Team


ILO/EECAT - Petrovka 15, apt. 23, 103 031 - Moskva - Russian Federation Tl: (7095) 924 48 28 Fax: 956 36 49

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International Training Centre
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3 Transparencies

The ILO and standard setting

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Founding of the International Labour Organisation

Universal and lasting peace


can be established only if it is
based upon social justice
Constitution of the ILO

Transparency 3.1

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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

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Declaration of Philadelphia (1944)

abour is not a commodity

Freedom of expression
and of association are essential
to sustained progress

Poverty anywhere constitutes a


danger to prosperity everywhere

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
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
welfare.

Transparency 3.3

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Structure of the ILO: principal bodies

INTERNATIONAL LABOUR CONFERENCE


4 delegates per Member State

1 workers' 2 government 1 employers'


delegate delegates delegate

GOVERNING BODY
14 workers' 28 government 14 employers'
representatives representatives representatives

INTERNATIONAL LABOUR OFFICE

Transparency 3.4

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Decentralised structure of the ILO

Regional office Liaison office


Area office Multidisciplinary advisory team

Africa Latin America North America


Algeria Argentina Canada
Cameroon Brazil United States
Cte dIvoire Chile
D. R. Congo Costa Rica
Egypt Mexico
Ethiopia Peru
Madagascar Trinidad and Tobago
Nigeria Uruguay
Senegal
South Africa
Tanzania
Zambia
Zimbabwe

Asia and the Pacific Europe Middle East


Bangladesh Belgium Kuwait
China France Lebanon
Fiji Germany
India Hungary
Indonesia Italy
Japan Russian Federation
Pakistan Spain
Philippines Switzerland
Sri Lanka Turkey
Thaland United Kingdom

Transparency 3.5

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Other ILO bodies

R egional Meetings
RMeetings
egional and Technical

A dvisory Committee on Salariedorkers


Employees and Professional W

Joint Maritime Commission (bipartite)


Joint Committee on the Public Service
(bipartite)

Transparency 3.6

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Tripartite structure of the ILO

GOVERNMENTS

M ILO
E

S
PL
OY K ER
ERS WOR

Transparency 3.7

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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

II. TECHNICAL CO-OPERATION

Promotion of the objectives established


by international labour standards
Improvement of living
and working conditions
Promotion of full employment

Transparency 3.8

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The ILO and the United Nations system


SPECIALIZED INSTITUTIONS
ILO International Labour Organisation

FAO United Nations Food and Agriculture Organisation

UNESCO United Nations Educational, Scientific and Cultural Organisation


UNICEF United Nations Childrens Fund

UNDP United Nations Development Programme

WHO World Health Organisation

IBRD International Bank for Reconstruction and Development (World Bank)

IMF International Monetary Fund

UPU Universal Postal Union

ITU International Telecommunication Union

WMO World Meteorological Organisation

IMO International Maritime Organisation

WIPO World Intellectual Property Organisation

IFAD International Fund for Agricultural Development

UNIDO United Nations Industrial Development Organisation

IAEA International Atomic Energy Agency

Transparency 3.9

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International Training Centre
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4 Characteristics
of International Labour
Standards

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99

101
Contents
Objectives

Proposed training strategy

Characteristics of international labour standards


1.
2.
3.
International labour standards and their effect
Characteristics of standards
Standards and tripartism
4. Classification of standards

105 Activity
1. Characteristics of international labour standards

107 List of supporting material

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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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Proposed training strategy


b SEQUENCES TEACHING
METHOD
TEACHING
MATERIAL
TIME

1 Present the general objective


and the specific objectives of part 4:
Charcteristics of international
Presentation Flip chart 10 mn

labour standards

2 Present the following points of


this teaching unit:
Conventions
Presentation and
discussion
TR D
1
60 mn

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

3 Present and hand out activity


No. 1: Characteristics of
international labour standards
Work group Flip chart 90 mn

4 Summary of the activity presented


and trainers final conclusion
Guided discussion Flip chart 10 mn

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Characteristics
of International Labour
Standards

International labour standards and


their effect
(TR 4.1) The setting of international standards has been the principal
System of international labour standards means of action of the International Labour Organisation since its
INTERNATIONAL
LABOUR
STANDARDS
foundation in 1919. These standards take the form of Conventions or
Recommendations.
CONVENTIONS
When ratified
these are legally binding
RECOMMENDATIONS
General or technical
guidelines
International labour standards are adopted by the International
If they are not ratified
they represent objectives
and influence
Not open
to ratification Labour Conference.
national legislation

Conventions Conventions are international treaties which are binding on the


countries which ratify them voluntarily.
International labour Conventions are open to ratification by
Member States. By ratifying the Conventions the Member States
formally undertake to make the provisions of these Conventions
effective, both in law and in practice. These countries also voluntarily
undertake to apply their provisions, adapting their national law and
practice to their requirements, and accepting international supervision.
Recommendations International labour Recommendations are not international
treaties. They set non-binding guidelines for national policy and
practice. They may in themselves cover a particular subject or
supplement and clarify the provisions contained in Conventions.

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Other instruments International labour standards only include Conventions and


(TR 4.2) Recommendations. In addition to these standards, however, there is a
Other instruments series of resolutions, declarations of conclusions or sets of practical
Resolutions guidelines adopted either by the International Labour Conference or the
Declarations
Governing Body, or by technical meetings such as meetings of the
industrial committees or meetings of experts. These texts do not take the
Conclusions
same form as the Conventions or Recommendations. A resolution of the
Sets of guidelines Conference on Civil Liberties and Trade Union Rights or a set of practical
guidelines on safety and hygiene in shipbuilding will not give rise to a
formal obligation for States. The texts constitute a huge body of social
policy guidelines and substantially supplement international labour
standards.
The system of international labour standards involving all
the Conventions and Recommendations is regularly updated by the
Conference by adopting new instruments and revising old ones.

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

Employment Training Income Living


and working
conditions
Protection
of vulnerable
groups
legislation and are sufficiently flexible to adapt to national situations.
When this influence is backed up by legal obligations, as in the case of
a ratified Convention, the standards also help to prevent the danger of
an about-turn if regressive national legislation is adopted.
These standards facilitate the participation of employers and
workers organisations in economic development, job creation,
vocational training, fair distribution of income, the improvement of
living and working conditions in all sectors of the economy, and the
promotion and protection of socially vulnerable groups.
Their text often demands direct co-operation (consultation) and
even the agreement of workers and employers organisations on the
measures to be taken with a view to their application.

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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

universal consensus on how to regulate the new minimum protection


UNIVERSALITY
Standards are set
at world level and are valid
for workers acceptable in the international community as a whole.
for countries with very
different social structures.
Taken together they form a coherent system bringing specific technical
FLEXIBILITY
The standards are
and social objectives into line. Because Conventions can be ratified one
by one and because Recommendations contain non-binding guidelines,
set in a spirit of realism
and effectiveness.

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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Standards and tripartism


Tripartite The promotional Conventions in particular, but also a
participation in considerable number of other instruments, especially those adopted in
applying standards
recent years, contain many provisions requiring tripartite involvement
(TR 4.6)
in their application at national level. The governments themselves are
Tripartite participation in the application of standards

requested to seek workers and employers participation.


INTERNATIONAL LABOUR CONVENTION
By way of example, the application of the Convention (No. 131)
GOV
ERNMENT
S
on minimum wage fixing, 1970, should be done in agreement with the
EM

representative organisations of employers and workers concerned or


RS

PL
KE

OY
WOR

ERS

APPLICATION AT NATIONAL LEVEL


after consulting them; this Convention also provides for the direct
(legislation and practice)

participation in its operation of representatives of the employers and


workers organisations concerned.
Opportunities for In general workers organisations have an active role to play in
workers to the system of international labour standards, whether at international
participate in the
application of or national level. The opportunities for workers organisations to
standards participate are varied and bear considerable weight in government
(TR 4.7) decisions.
Opportunities for workers to participate in the application of standards The advisory role of workers organisations contributes to the
WORKERS ORGANISATIONS tripartite equilibrium marking the originality and effectiveness of the ILO.
are consulted by the government
in the circumstances set down in the Conventions

in the framework of the application of Convention No. 144


and Recommendation No. 152, workers organisations participate
in examining the measures taken to implement ratified Conventions.

make comments, by virtue of article 23(2) of the Constitution,


on government reports concerning:
- submission
- application of ratified Conventions
- unratified Conventions and Recommendations

can correct or improve application by making representations


and complaints within the framework
of the ILO supervisory system

can propose technical assistance by the ILO

Classification of standards
to overcome obstacles in application

Classification of The Conventions and Recommendations are divided according to


standards the following subjects:
(TR 4.8) Basic human rights
Classification of standards

asic human rights


Employment
mployment

ocial policy
Social policy
Labour administration
abour administration

ndustrial relations

onditions of work

ocial security Industrial relations


mployment of women

mployment of children and young persons Conditions of work


rotection of special categories

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)

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Characteristics of
international labour
standards
Approximate time: 90 min

The characteristics of international labour standards are universality,


1 Introduction adaptability and flexibility. This is because in setting a standard the
International Labour Conference must take account of the very
different economic situations of countries. The standards may also take
the form of technical and/or promotional Conventions.
The aim of this activity is:
to analyse the characteristics of international labour standards.

You have been given the text of Convention No. 138.


2 Content Form small work groups. As a trade union committee responsible for
reviewing the situation of child labour in the country, each group must
discuss the following points :
The problem of child labour in the country.
The characteristics of Convention No. 138 on the minimum age
(universality, flexibility...).
Does law and practice in your country allow the provisions of this
Convention to be applied?
What could the role of the trade union be in promoting the
application of Convention No. 138?

You have 60 minutes to prepare your arguments.

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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List of supporting material


TR No. 4.1: International labour standards
Visual aids
TR No. 4.2: Other instruments
TR No. 4.3: The practical effect of standards
TR No. 4.4: Characteristics of standards
TR No. 4.5: Promotional standards and technical standards
TR No. 4.6: Tripartite participation in the application of standards
TR No. 4.7: Workers participation in the application of standards
TR No. 4.8: Classification of standards

Activities No. 1: Characteristics of international labour standards.

Supporting Contained in the pack:


documents International labour standards, Workers Education Manual, chapter 3
Handbook of procedures relating to international labour
Conventions and Recommendations, Geneva, 1998.
List of ratifications

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

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International Labour Office
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International Training Centre
of the ILO - Turin

5 Purpose and
content of
standards

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5
131

133

135
137
Contents
Objectives

Proposed training strategy

Purpose and content of standards


1. BASIC HUMAN RIGHTS
a. Freedom of association
b. Prohibition of forced labour
c. Equality of opportunity and treatment
d. Minimum working age
153 2. EMPLOYMENT
a. Employment policy
b. Employment services and agencies
c. Vocational guidance and training
d. Rehabilitation and employment of disabled persons
e. Employment security
162 3. SOCIAL POLICY
165 4. LABOUR ADMINISTRATION
a. General standard
b. Labour inspection
c. Statistics
d. Tripartite consultation
172 5. INDUSTRIAL RELATIONS
176 6. CONDITIONS OF WORK
a. Wages
- minimum wage-fixing machinery
- labour clauses (public contracts)
- wage protection
b. General conditions of work
- hours of work
- night work
- weekly rest
- paid leave
c. Occupational safety and health
- general provisions
- protection against specific risks
- protection in particular branches of activity

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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

251 List of supporting material

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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

Participants will in particular be able to:


Specific
objectives classify the principal ILO Conventions and Recommendations by
subject and objectives;
identify the content of the main international labour standards by
subject;
display a particular knowledge of the principles underlying the
standards concerning basic human rights;
assist in drawing up national labour legislation in line with the
Conventions and Recommendations of the ILO.

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Part 5 is very dense, so that time must be allocated carefully on a case-


Preliminary by-case basis. The trainer may decide, with due regard to both the
observations on composition and the orientation of the group being addressed, to deal
Part 5 only with standards of particular interest to participants or to highlight
certain standards. He/she is advised to display the transparencies for
two to five minutes each.
The time to devote to Part 5 thus depends on participant interest.
If you wish to emphasize a Convention for which no exercise has been
devised, you may devise your own, following the approach in the exercises
provided.
If you need to go more deeply into any matter, you may allocate more
time to it.
To ensure a more knowledgeable discussion of the content of the
standards, we suggest that you have participants read the full texts of
Conventions and Recommendations the evening before they are to
discuss them.
The summaries of the Conventions and Recommendations provided
here are not a substitute for consulting or reading the full text of the
standards.
The standards are grouped by subject. However, only those standards
mentioned under each subject that are of greatest use and importance
to the user of the training guide are summarized. At times, a single
summary covers all standards concerning a single subject.

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Proposed training strategy


b SEQUENCES TEACHING
METHODS
TEACHING
MATERIAL
TIME

1 Present the general objective and


the specific objectives of part 5:
Purpose and content of standards
Presentation Flip chart 10 mn

2 Present this teaching unit:


Purpose of standards
Basic human roghts
Presentation
and discussion
TR D
1
30 mn

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

3 Present and hand out Activity No. 1:


Conventions Nos. 87 and 98
and/or present and hand out
Work group Flip chart 120 mn

Activity No. 2: Defining a trade Work group Flip chart 120 mn


union strategy on international
labour standards

4 Summary of the activity presented


and trainers final conclusions
Guided discussion Flip chart 10 mn

5 Present and hand out Activity No. 3: Work group Flip chart 120 mn

D
Equal remuneration

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D b SEQUENCES TEACHING
METHODS
TEACHING
MATERIAL
TIME

6 Choose the relevant Conventions


to present to target group, in
line with its professional and union
Presentation Flip chart and
transparencies

interest, using the transparencies


prepared. Keep in mind the time
available. Choose among:
Employment
Social policy
Labour administration
Industrial relations
Conditions of work
Social security
Employment of women
Employment of children
and young persons
Older workers
Migrant workers
Indigenous and tribal peoples
and workers in non-metropolitan
territories
Other special categories

7 Present and hand out Activity No. 4:


Paid educational leave (or another
activity relevant to the standards
Work group Flip chart 120 mn

presented).

8 Trainers final summary and


conclusions
Presentation Flip chart 30 mn

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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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The need to prevent ecological catastrophes and to limit their


harmful consequences. A good example is Convention No. 174,
of 1993, on the prevention of major industrial accidents,
minimizing the risk of major accidents and minimizing their
effects.
What we might call the safety valve argument. When a
country ratifies an ILO Convention, it undertakes to respect an
international treaty; if a government then introduces measures
incompatible with the provisions of a Convention it has
ratified, it thereby violates an international treaty.
In the following pages, we analyse the main Conventions and
Recommendations, classifying them as in the previous unit.

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1. Basic human rights


(TR 5.1) One of the ILOs basic aims is to promote and protect basic human
Standards concerning fundamental social rights

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 FROM DISCRIMINATION


C.100 C.111
Equal Remuneration, 1951 Discrimination (Employment
and Occupation), 1958 The standards dealing with basic human rights lie at the heart of
MINIMUM AGE OF ADMISSION TO EMPLOYMENT
C.138
Minimum Age, 1973
C.182
Most Intolerable Forms
those adopted by the International Labour Conference. The
of Child Labour, 1999

Conventions on basic human rights have the highest ratification rates,


and have helped greatly to promote such rights and to protect workers.

Here, we shall study Conventions concerning:

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)

Abolition of forced labour


Forced Labour Convention, 1930 (No. 29)
Abolition of Forced Labour Convention, 1957 (No. 105)

Equality of opportunity and treatment


Equal Remuneration Convention, 1951 (No. 100)
Discrimination (Employment and Occupation), Convention,
1958 (No. 111)
Workers with Family Responsibilities Convention, 1981 (No. 156)

Minimum working age


Minimum Age Convention, 1973 (No. 138)

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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.

Summary of the Workers and employers, without distinction whatsoever1, have


provisions the right to establish and to join organizations of their own choosing
(TR 5.2) with a view to furthering and defending their respective interests.
C.87
Such organizations have the right to draw up their own
FREEDOM OF
ASSOCIATION AND
PROTECTION OF
The right, freely
constitutions and rules, to elect their representatives in full freedom, to
THE RIGHT TO exercised, of workers
ORGANIZE,
1948
and employers,
without distinction,
to organize for furthering
organize their administration and activities and to formulate their
and defending
their interests.
programmes. Public authorities shall refrain from any interference
which would restrict this right or impede the lawful exercise of this right.
The organizations shall not be liable to be dissolved or suspended
by administrative authority.
Organizations have the right to establish and join federations and
confederations which shall enjoy the same rights and guarantees. The
Convention also provides for the right to affiliate with international
organizations.
The acquisition of legal personality by all these organizations shall
not be subject to restrictive conditions.
In exercising the rights provided for in the Convention, employers
and workers and their respective organizations shall respect the law of
the land. The law of the land and the way in which it is applied,
however, shall not impair the guarantees provided for in the
Convention.1

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

RIGHT TO ORGANIZE AND


employ them by reason of their trade union membership2, and against
COLLECTIVE BARGAINING,
1949
Protection of workers who are
exercising the right to organize
dismissal or any other prejudice by reason of union membership or
Non-interference between
workers organizations
and employers organizations
participation in trade union activities.
collective
Promotion of voluntary
bargaining
Workers and employers organizations shall enjoy protection
against acts of interference by each other. This protection is extended
in particular against acts designed to promote the domination, the
financing or the control of workers organizations by employers or
employers organizations.
Machinery appropriate to national conditions shall be established,
where necessary, for the purpose of ensuring respect for the right to
organize as defined by the Convention.
Measures appropriate to national conditions shall be taken, where
necessary, to encourage and promote the development and utilisation
of voluntary collective bargaining to regulate terms and conditions of
employment.3

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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CONVENTION NO. 135


Workers representatives, 1971
Aim of the standard Protection of workers representatives in the undertaking; facilities
to be afforded to them.

Summary of the Workers representatives recognised as such under national law or


provisions practice4 shall be protected against any prejudicial act, including
(TR 5.5) dismissal, based on their status. This protection covers their activities as
C.135 workers representatives, union membership or participation in union
WORKERS
REPRESENTATIVES, 1971
activities, in conformity with existing laws or collective agreements or
other jointly agreed arrangements.
Protection against any prejudicial
act based on their status

Protection of their union


They shall be afforded facilities in the undertaking to enable them
membership and their
participation in union activities

Facilities shall be afforded


to enable them to carry out
to carry out their functions promptly and efficiently; the granting of
their functions

such facilities shall not impair the efficient operation of the


undertaking.
Effect may be given to the Convention through national laws or
regulations, collective agreements or in any other manner consistent
with national practice.

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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CONVENTION NO. 141


Rural workers organizations, 1975
Aim of the standard Freedom of association for rural workers; encouragement of their
organizations; their participation in economic and social development.

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

organizations concerned, the Convention reproduces the relevant


provisions of Convention No. 87.
National policy shall encourage rural workers organizations as an
effective means of ensuring these workers participation in economic
and social development and in the benefits which result, without
discrimination. States shall promote the widest possible understanding
of this policy.

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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CONVENTION NO. 151


Labour relations (public service), 1978
Aim of the standard Protection of public employees exercising the right to organize;
non-interference by public authorities; negotiation or participation in
the determination of terms and conditions of employment; guarantees
for settling disputes.

Summary of the The Convention provides in terms analogous to those of


provisions Convention No. 98 for public employees1 to enjoy adequate protection
(TR 5.6) against acts of anti-union discrimination.
C.151
Their organizations shall enjoy adequate protection against acts of
LABOUR RELATIONS
(PUBLIC SERVICE), 1978 interference by a public authority in their establishment, functioning
Protection of public employees
exercising the right to organize and administration. Public employees7 organizations shall enjoy
Protection against any interference
by public authorities
complete independence from public authorities.
Enjoyment of civil and
political rights
Public employees shall have the same civil and political rights as
Encouragement and promotion of
negotiation of conditions of employment
other workers which are essential to the normal exercise of freedom of
association, subject only to the obligations arising from their status and
the nature of their functions.
Facilities shall be afforded to the representatives of recognised
public employees organizations to enable them to carry out their
functions promptly and efficiently, both during and outside their hours
of work, without impairing the efficient operation of the administration
or service concerned.8
Measures appropriate to national conditions shall encourage and
promote the negotiation of terms and conditions of employment for
public employees, or such other methods as will allow their
representatives to participate in the determination of these matters.
The settlement of disputes shall be sought through negotiation between
the parties, or through independent and impartial machinery (such as
mediation, conciliation and arbitration).

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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Prohibition of forced labour


(TR 5.7) International action against forced labour has been the logical and
Forced Labour chronological successor to the fight against slavery, one of the very first
C.29

FORCED LABOUR, 1930 occasions on which the international community took action in the
C.105

ABOLITION OF FORCED LABOUR, 1957


humanitarian and social sphere.
Two ILO Conventions have dealt with the question of the
voluntary nature of work, namely Nos. 29 and 105.

CONVENTION NO. 29
Forced labour, 1930
Aim of the standard Suppression of forced labour.

Summary of the The fundamental commitment made by States ratifying the


provisions Convention is to suppress the use of forced or compulsory labour in all
its forms in the shortest possible time.
A general definition of forced or compulsory labour is given, but
the Convention does not apply to five categories of work or compulsory
service, subject to certain conditions and guarantees. The five
categories are: compulsory military service; certain civic obligations;
prison labour; work exacted in cases of emergency; and minor
communal services.9
The illegal exaction of forced or compulsory labour shall be
punishable as a penal offence.

9. cf. the Special Youth Schemes Recommendation, 1970 (No. 136).

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CONVENTION NO. 105


Abolition of forced labour, 1957
Aim of the standard Prohibition of the recourse to forced or compulsory labour in any
form for certain purposes.

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.

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Equality of opportunity and treatment


The ILO and The question of respect for equality of opportunity and treatment
equality of has been one of the essential objectives of the International Labour
opportunity and
treatment Organization since its inception. The ILOs Constitution, as set out in
1919, stated that this principle was among those of particular and
urgent importance that should guide the policies of the International
Labour Organization, and that the laws passed in each country
regarding working conditions should guarantee equal economic
treatment to all workers residing legally in the country.
The adoption of Convention No. 100 and Recommendation No.
90 on equality of remuneration, in 1951, was an important step toward
achieving this goal as regards equality between women and men.
Convention No. 111 and Recommendation No. 111, 1958, were
the first instruments adopted by the International Labour Conference to
focus specifically on discrimination in employment and occupation,
with a very broad scope.
These instruments support the application to every sphere of
work of the general principles of freedom and dignity proclaimed in the
Universal Declaration of Human Rights and expressed and enshrined by
the ILO and other international forums.

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CONVENTION NO. 100


Equal remuneration, 1951
Aim of the standard Equal remuneration for men and women for work of equal value.

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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CONVENTION NO. 111


Discrimination (employment and occupation), 1958
Aim of the standard To promote equality of opportunity and treatment in respect of
employment and occupation.

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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CONVENTION NO. 156


Workers with family responsibilities, 1981
Aim of the standard To create effective equality of opportunity and treatment for men
and women workers with family responsibilities.

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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Minimum working age


CONVENTION NO. 138
Minimum age, 1973
Aim of the standard The abolition of child labour. The minimum age for admission to
employment or work shall be not less than the age of completion of
compulsory schooling (normally not less than 15 years).

Summary of the The ratifying State undertakes to pursue a national policy


provisions designed to ensure the effective abolition of child labour and to raise
(TR 5.47) progressively the minimum age for admission to employment or work
(TR 5.48) to a level consistent with the fullest physical and mental development
(TR 5.49) of young persons.
C.138/C.182
The minimum age to be specified in conformity with the
MINIMUM AGE, 1973
Convention shall not be less than the age of completion of compulsory
PROHIBITION OF THE WORST
FORMS OF CHILD LABOUR, 1999
schooling and, in any case, shall not be less than 15 years. Developing
countries may initially specify a minimum age of 14 years.
The minimum age shall not be less than 18 years - or 16 years
under certain conditions10 - for any type of employment or work which
is likely to jeopardise the health, safety or morals of young persons.
Minimum age

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

Children at school, not at 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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The Convention does not apply to work done in schools for


general, vocational or technical education or in other training
institutions. Likewise, subject to certain conditions, apprentices of more
than 14 years of age are not covered by the Convention (Article 6).
Young persons of 13 to 15 years of age - or at least 15 years of age
who yet finished their compulsory schooling - may be permitted to
carry out work of certain types and under certain conditions to be
determined.12
Exceptions may be authorised in individual cases for such
purposes as participation in artistic performances.
Organizations of employers and workers, where such exist, shall
be consulted regarding the above-mentioned measures.
The Convention revises ten earlier Conventions in the same
field.13

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.

communication; plantations and other agricultural undertakings mainly producing for


commercial purposes, but excluding family and small-scale holdings producing for local
consumption and not regularly employing hired workers.
12. In the case of a developing country as defined in note 2, these ages are 12 and 14 years
respectively.
13. i.e. Minimum Age (lndustry) Convention, 1919 (No.5); Minimum Age (Sea) Convention,
1920 (No. 7); Minimum Age (Agriculture) Convention, 1921 (No. 10); Minimum Age
(Trimmers and Stokers) Convention, 1921 (No. 15); Minimum Age (Non-Industrial
Employment) Convention, 1932 (No. 33); Minimum Age (Sea) Convention (Revised), 1936
(No. 58); Minimum Age (Industry) Convention (Revised), 1937 (No. 59); Minimum Age
(Non-Industrial Employment) Convention (Revised), 1937 (No. 60); Minimum Age
(Fishermen) Convention, 1959 (No. 112); Minimum Age (Underground Work) Convention,
1965 (No. 123).
14. Convention No. 29 on forced labour, No. 87 on freedom of association and the right to
organize, No. 98 on the right to organize and collective bargaining, No. 100 on equal
remuneration, No.105 on the abolition of forced labour, No. 111 on discrimination
(employment and occupation), and No. 138 on the minimum age.

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Ratification of Conventions concerning


basic rights15

(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

No 100 Equal Remuneration, 1951


ratifications*
72 No 138 Minimum Age, 1973
No 182 Prohibition and immediate
elimination of the worst forms
of child labour 146 No. 29 FORCED LABOUR, 1930
121 No. 87 FREEDOM OF ASSOCIATION AND PROTECTION
OF THE RIGHT TO ORGANIZE, 1948
137 No. 98 RIGHT TO ORGANIZE AND COLLECTIVE
BARGAINING, 1949
137 No. 100 EQUAL REMUNERATION, 1951
130 No. 105 ABOLITION OF FORCED LABOUR, 1957
130 No. 111 DISCRIMINATION (EMPLOYMENT AND
OCCUPATION), 1958
60 No. 138 MINIMUM AGE,1973

(*) 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

VOCATIONAL GUIDANCE AND TRAINING:


Convention n 142:
The principal standards on employment will be grouped into the
Human Resources Development, 1975

REHABILITATION AND EMPLOYMENT


OF DISABLED PERSONS:
Convention n 159: Vocational Rehabilitation
following categories:
and Employment (Disabled Persons), 1983

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 services and agencies


Employment Service Convention, No. 88 (1948)

Vocational training and guidance:


Human Resources Development Convention, No. 142 (1975)

Rehabilitation and employment of disabled persons:


Vocational Rehabilitation and Employment (Disabled Persons)
Convention, No. 159 (1983)

Employment security:
Termination of Employment Convention, No. 158, 1982

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Employment policy

CONVENTION NO. 122


Employment policy, 1964
Aim of the standard Full, productive and freely chosen employment.

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

Objective: full, productive


unemployment and underemployment.
and freely chosen employment.
This policy shall aim at ensuring that there is work for all who are
available for and seeking it, that such work is as productive as possible
and that there is freedom of choice of employment. Each worker shall
have the fullest possible opportunity to qualify for, and use his or her
skills and endowments in a job for which the worker is well suited,
without discrimination.

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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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CONVENTION NO. 168


Employment promotion and protection against unemployment, 1988
Aim of the standard Coordination of systems of protection against unemployment with
employment policy.

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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Employment services and agencies

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

EMPLOYMENT SERVICE, 1948


national programme for the achievement and maintenance of full
Free public employment service
employment and the development and use of productive resources.
The functions of a state employment
service and the
measures such
Detailed provisions of the Convention deal with the organization
a service should take

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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Vocational guidance and training

CONVENTION NO. 142


Human resources development, 1975
Aim of the standard The development of policies and programmes of vocational
guidance and vocational training, closely linked with employment.17

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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Rehabilitation and employment of disabled persons

CONVENTION NO. 159


Vocational rehabilitation and employment (disabled persons), 1983
Aim of the standard To ensure a suitable employment and social integration for
disabled persons, in conditions of full participation and equality.

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

CONVENTION NO. 158


Termination of employment, 1982
Aim of the standard Protection against termination of employment without valid
reason21.

Summary of the Methods and scope


provisions The Convention has very wide scope22. In so far as its provisions
(TR 5.17) are not made citective by means of collective agreements, arbitration
C. 158

TERMINATION OF
awards or court decisions, or in another manner consistent with


Protects against termination
of employment without valid reason

Establishes the principle


EMPLOYMENT,
1982 national practice, they shall be given effect by laws or regulations.
of explaining
termination
of employment

Goes on to list the


reasons which are
not valid grounds for
termination of
employment

Standards of general application


The Convention provides that the employment of a worker shall
not be terminated unless there is a valid reason connected with the
capacity or conduct of the worker or based on the operational
requirements of the undertaking or service. It then enumerates those
reasons which are not valid grounds for termination, such as union
membership or participation in union activities at appropriate hours,
seeking office or acting as a workers representative, filing a complaint
or participation in proceedings against an employer for violations of
laws or regulations, race, colour, sex, marital status, family
responsibilities, pregnancy, religion, political opinion, national
extraction or social origin, absence from work during maternity leave
and temporary absence from work because of illness or injury23.

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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The Convention deals with the procedures to be followed for the


termination of employment and for appeal against termination. In
order for the worker not to have to bear alone the burden of proving
that the termination was not justified, the Convention provides for
either or both of two possibilities:
a) the burden of proving the existence of a valid reason shall rest
on the employer; and/or
b) the competent bodies shall be empowered to reach a
conclusion having regard to the evidence provided by the
parties and according to procedures provided for by national
law and practice.
It provides for a reasonable period of notice to be given or
compensation in lieu thereof, unless the worker is guilty of serious
misconduct4 and for a severance allowance and/or other forms of
income protection (unemployment insurance or assistance, or other
social security benefits).
In the case of an unjustified termination of employment, if this
cannot be reversed and/or the reinstatement of the worker is not
practicable, adequate compensation is payable.

Termination of employment for economic, technological,


structural or similar reasons
In these cases, more detailed provisions concern the obligation on
the employer to consult with workers representatives and to notify the
competent authority, as early as possible, giving the relevant
information.

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.

Cooperatives Another text of a general nature, Recommendation No. 127


(Developing (1966) concerns the role of all categories of cooperatives in the
Countries)
Recommendation, economic and social development of developing countries.
1966 (No. 127) It indicates the objectives of the policy regarding cooperatives and
the methods of implementing this policy.

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CONVENTION NO. 117


Social policy (basic aims and standards), 1962
Aim of the standard 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.

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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RECOMMENDATION NO. 127


Cooperatives (developing countries), 196625
(TR 5.19) This Recommendation sets national policy objectives to encourage
C. 127 the establishment and development of cooperatives through
COOPERATIVES
(DEVELOPING COUNTRIES),
1966
appropriate legislation, education and training, and financial and
Sets national
policy objectives to encourage
administrative assistance. It also provides for supervisory mechanisms
the establishment and
development of cooperatives
through appropriate
legislation, education and
to implement policies on cooperatives.
training, and financial
and administrative assistance.

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.

25. There is no specific Convention on this important subject, only a Recommendation.

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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

CONVENTION NO. 150


Labour administration, 1978
Aim of the standard The establishment of an effective labour administration with the
participation of employers and workers and their organizations.

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

LABOUR ADMINISTRATION, 1978


It shall secure within this system: consultation, co-operation and
The establishment of an effective
labour administration
negotiation with employers and workers organizations.1
with the participation
of employers and workers
and their organizations
The Convention sets out the functions of labour administration
(preparation, administration, coordination, checking and review of
national labour policy, preparation and implementation of laws and
regulations, tasks in relation to national employment policy, conditions
of work and working life, terms of employment, services and advice to
employers and workers and their organizations, representation of the
State concerning international labour affairs, etc.)
The staff of the labour administration system shall be composed of
persons who are suitably qualified and independent of improper
external influences. They shall have the status, the material means and
the financial resources necessary for the effective performance of their
duties.
The extension of labour administration services to cover workers
who are not, in law, employed persons is to be promoted.

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

CONVENTION NO. 129


Labour inspection (agriculture), 1969

Common aim of the To secure, by regular inspections of workplaces, the enforcement


two standards of legal provisions for the protection of workers.

Summary of the Convention No. 81 provides for a system of labour inspection to


provisions secure the enforcement of the legal provisions relating to conditions of
(TR 5.21) work and the protection of workers in industrial workplaces, as well as
(TR 5.22) in commercial workplaces27 if the ratifying State accepts this extension.
Labour inspection
C.81 (1947) + protocol (1995) It deals with the organization and functioning of inspection
International labour standards:

INSPECTION OF WORKPLACES TO:


services, the responsibilities of a central authority, their co-operation
ensure the enforcement of legal provisions



advise employers and workers
provide information for the labour administration
with other public and private services and with employers and workers
Technical cooperation:

organization and functioning of inspection services


or their organizations, the recruitment of qualified staff in sufficient



evaluation of the effectiveness of inspections
training of inspectors
reports, documentation, database
numbers (including women) and with appropriate status, material


assistance in implementing Convention No. 81
revision of specific laws
means and facilities (offices and transport), the thorough regular
inspection of workplaces, and the publication of reports and annual
C. 129

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

and to provide information to the competent authority) and their


powers, i.e.:
the power to enter freely any workplace liable to inspection, to
carry out inquiries freely and in particular to interrogate
persons, to examine documents and take samples;
the powers to make orders with a view to remedying defects
and to decide whether it is appropriate to give warning and
advice, or to institute or recommend proceedings.
In return, inspectors are required to respect certain obligations:
they are prohibited from having any direct or indirect interest
in the undertakings under their supervision and shall not
reveal manufacturing or commercial secrets of the workplaces
they inspect or the source of any complaint.

27. Mining and transport undertakings may be exempted.

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Convention No. 129 applies to agricultural undertakings in which


work employees or apprentices, or - subject to a declaration by the
ratifying State to this effect - tenants, share-croppers and similar
categories of agricultural workers, members of a cooperative or of the
family of the operator. Its provisions are to a large extent based on
those of Convention No. 81 regarding the organization, the functions
and the staff of the system of inspection, as well as the duties, powers
and obligations of the inspectors.
Convention No. 129 also contains certain innovations which take
into account the special characteristics of the agricultural sector and the
experience gained since Convention No. 81 came into force. These
innovations take the form of provisions on questions such as the
organizational flexibility and structure of the inspection services, the
extension to inspectors of advisory or enforcement functions regarding
legal provisions relating to conditions of life of workers and their
families, the possibility of including in the system of labour inspection
officials or representatives of occupational organizations and of
entrusting certain inspection functions at the regional or local level to
other appropriate government services or public institutions.

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Statistics

CONVENTION NO. 160


Labour statistics, 198528
Aim of the standard The maintenance of regular series of labour statistics.

Summary of the The ratifying State undertakes to publish labour statistics


provisions regularly.
(TR 5.23) The subjects to be covered progressively include:
economically active population, employment, unemployment,
C.160

LABOUR STATISTICS, 1985

Maintenance of regular series


of labour statistics underemployment;
The subjects to cover

structure and distribution of the economically active


progressively include:
economically active population, employment,
unemployment, under-employment
structure and distribution of the economically
active population
average earnings, wage rates, hours of work
wages
population;
labour costs



consumer price indices
household or family expenditure and income
occupational injuries and diseases
average earnings, wage rates, hours of work;
industrial disputes

wages;
labour costs;
consumer price indices;
household or family expenditure, and income;
occupational injuries and diseases;
industrial disputes.

Various provisions29 of a more technical nature specify the


obligations in respect of each of these areas. However, each ratifying
State can undertake such obligations gradually and with a great deal of
flexibility.
The Convention provides for close co-operation with the ILO and
with representative organizations of employers and workers.

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

CONVENTION NO. 144


Tripartite consultation (international labour standards), 1976
Aim of the standard Effective consultation between the representatives of the
government, of employers and of workers on international labour
standards.

Summary of the The ratifying State undertakes to operate procedures which


provisions ensure effective consultation between representatives of the
(TR 5.24) government, of employers and of workers on:
C.144

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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The nature and form of such procedures shall be determined in


accordance with national practice after consultation with the
representative organizations of employers and workers, where these
exist. These organizations shall freely choose their representatives for
the purpose of these procedures. Employers and workers shall be
represented on an equal footing on any competent bodies.
Consultations shall take place at agreed intervals, but at least once
a year.
When appropriate, the competent authority shall issue an
annual report on the working of the procedures30.

RECOMMENDATION NO. 152


Tripartite Consultation (Activities of the International Labour Organization), 1976
As a complement to the summary of the provisions of Convention
No. 144, 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.
Broadly, these consultations should cover all questions within the
ILOs remit, particularly participation by organizations of employers and
workers in the preparation, implementation and evaluation of the ILOs
technical cooperation activities (projects).
It also provides that these procedures, after consultation of the
representative organizations, be extended.

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:

Collective bargaining and agreements, voluntary conciliation and


arbitration, consultation and co-operation
Collective Agreements Recommendation, 1951 (No. 91)
Collective Bargaining Convention, 1981 (No. 154)
Voluntary Conciliation and Arbitration Recommendation, 1951
(No. 92)
Cooperation at the Level of the Undertaking Recommendation,
1952 (No. 94)
Consultation (Industrial and National Levels)
Recommendation, 1960 (No. 113)

Termination of employment
Termination of Employment Convention, 1982 (No. 158) and
Termination of Employment Recommendation, 1982 (No. 166)
(see Employment section)

Communications within the undertaking, examination of grievances


Communications within the Undertaking Recommendation,
1967 (No. 129)
Examination of Grievances Recommendation, 1967 (No. 130)

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CONVENTION NO. 154


Collective bargaining, 1981
Aim of the standard To promote free and voluntary collective bargaining.

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

Promotes free and voluntary


It defines the aims of these measures and specifies that its
collective bargaining

Applies to all branches


of economic activity
provisions do not preclude the operation of industrial relations systems
Provides that measures adapted
to national conditions
in which collective bargaining takes place within the framework of
shall be taken
to promote collective bargaining

Provides for prior consultation


conciliation and/or arbitration machinery or institutions, in which the
of the organizations of employers
and workers
parties to the collective bargaining process voluntarily participate.
The Convention provides for prior consultation of the
organizations of employers and workers and specifies that the
promotional measures taken shall not hamper the freedom of collective
bargaining.
The provisions of the Convention shall, in so far as they are not
otherwise made effective by means of collective agreements, arbitration
awards or in such other manner as may be consistent with national
practice, be given effect by national laws or regulations.

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

RECOMMENDATION NO. 113


Consultation (industrial and national levels), 1960

RECOMMENDATION NO. 129


Communications within the undertaking, 1967

RECOMMENDATION NO. 130


Examination of grievances, 1967

In the field of industrial relations, it is worth looking into


questions of consultation, communication and the examination of
grievances.
The Co-operation at the Level of the Undertaking Recommendation,
1952 (No. 94), seeks to promote consultation and cooperation
between employers and workers at the level of the undertaking
on matters of mutual concern not within the scope of collective
bargaining or of other machinery for the determination of
terms and conditions of employment. These practices are
facilitated in the first instance by voluntary agreements
between the parties or alternatively by appropriate laws or
regulations establishing bodies for consultation, and so on, or
by both these methods.
The Consultation (Industrial and National Levels) Recommendation,
1960 (No. 113), deals with measures to be taken for consultation
and co-operation between public authorities and employers
and workers organizations,34 as well as between these
organizations, at industrial and national levels. These measures
should have the general objective of promoting mutual
understanding and good relations between the three parties
with a view to developing the economy as a whole or
individual branches of it (including development plans and the
functioning of national bodies), improving conditions of work
and raising standards of living (including the preparation and
implementation of relevant laws and regulations). Such
measures, to be taken by voluntary action of the parties
concerned, or by promotional action of the public authorities

34. cf. the Labour Administration Convention, 1978 (No. 150).

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and, where appropriate, by laws or regulations, should not


derogate from freedom of association or of collective
bargaining, or discriminate between organizations.
The Communications within the Undertaking Recommendation, 1967
(No. 129), sets out the elements of a communications policy
within the undertaking. Having pointed out the common
interests of employers and workers and their respective
organizations in recognising the importance of a climate of
mutual understanding and confidence within undertakings, the
Recommendation proposes ways of establishing such a climate.
It encourages the dissemination and exchange of information
as complete and objective as possible, relating to the various
aspects of the life of the undertaking and to the social
conditions of the workers. This should take place after
consultation with workers representatives and should in no
way derogate from freedom of association.
The Examination of Grievances Recommendation, 1967 (No. 130),
which may be given effect through national laws or
regulations, collective agreements, works rules or arbitration
awards, or in another manner consistent with national practice,
provides that any worker who considers that he or she has
grounds for a grievance should have the right (acting
individually or jointly with others) to submit such grievance
and have it examined. Various principles and procedures
applicable in this respect are set out in detail.

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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).

Labour clauses (public contracts)


Labour Clauses (Public Contracts) Convention, 1949 (No. 94)
and Recommendation, 1949 (No. 84).

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).

b) General conditions of employment


Hours of work
Hours of Work (Industry) Convention, 1919 (No. 1).
Hours of Work (Commerce And Offices) Convention, 1930
(No. 30).
The 40-Hour Week Convention, 1935 (No. 47).
Reduction of Hours of Work Recommendation, 1962 (No. 116).
Hours of Work and Rest Periods (Road Transport) Convention,
1939 (No. 67).
Hours of Work and Rest Periods (Road Transport) Convention,
1979 (No. 153) and Recommendation, 1979 (No. 161).

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).

c) Occupational safety and health


General provisions
Prevention of Industrial Accidents, Recommendation, 1929
(No. 31).
Protection of Workers Health, Recommendation, 1953 (No. 97).
Occupational Safety and Health Convention, 1981 (No. 155)
and Recommendation, 1981 (No. 164).
Occupational Health Services Convention, 1985 (No. 161) and
Recommendation, 1985 (No. 171).
Prevention of Major Industrial Accidents Convention, 1993
(No. 174) and Recommendation, 1993 (No. 181).
Safety and Health in Mines Convention, 1995 (No. 176) and
Recommendation, 1995 (No. 183).

Protection against specific risks


Toxic substances and agents
Anthrax Prevention Recommendation, 1919 (No. 3).
Lead Poisoning (Women and Children), Recommendation,
1919 (No. 4).
White Lead (Painting) Convention, 1921 (No. 13).
Radiation Protection Convention, 1960 (No. 115) and
Recommendation, 1960 (No. 114).

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Benzene Convention, 1971 (No. 136) and Recommendation,


1971 (No. 144).
Occupational Cancer Convention, 1974 (No. 139) and
Recommendation, 1974 (No. 147).
Asbestos Convention, 1986 (No. 162) and Recommendation,
1986 (No. 172).
Chemicals Convention, 1990 (No. 170) and Recommendation,
1990 (No. 177).
Machinery
Guarding of Machinery Convention, 1963 (No. 119) and
Recommendation, 1963 (No. 118).
Maximum weight
Maximum Weight Convention, 1967 (No. 127) and
Recommendation, 1967 (No. 128).
Air pollution, noise and vibrations
Working Environment (Air Pollution, Noise and Vibration)
Convention, 1977 (No. 148) and Recommendation, 1977 (No.
156).

Protection in given branches of activity


Building industry
Safety Provisions (Building) Convention, 1937 (No. 62) and
Recommendation, 1937 (No. 53).
Safety and Health in Construction Convention, 1988 (No. 167)
and Recommendation, 1988 (No. 175).
Commerce and offices
Hygiene (Commerce and Offices) Convention, 1964 (No. 120)
and Recommendation, 1964 (No. 120).
Dock work
Marking of Weight (Packages Transported by Vessels)
Convention, 1929 (No. 27).
Protection against Accidents (Dockers) Convention (Revised),
1932 (No. 32).
Occupational Safety and Health (Dock Work) Convention,
1979 (No. 152) and Recommendation, 1979 (No. 160).

d) Welfare, housing and spare time


Welfare Facilities Recommendation, 1956 (No. 102).
Workers Housing Recommendation, 1961 (No. 115).
Utilization of Spare Time Recommendation, 1924 (No. 21).

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Wages
Minimum wage-fixing machinery

CONVENTION NO. 131


Minimum wage fixing, 1970
Aim of the standard Protection against excessively low wages.

Summary of the The ratifying State undertakes to establish a system of minimum


provisions wages covering all groups of wage earners whose terms of employment
(TR 5.26) are such that coverage would be appropriate35; these groups shall be
C. 131 determined either in agreement or after consultation with the
representative organizations of employers and workers concerned,
MINIMUM WAGE FIXING, 1970 where these exist.
Protection against excessively
low wages The elements to be taken into consideration in determining the
Protection of all groups of wage earners

Minimum wages shall have the force of law,


level of minimum wages shall, as far as possible and where appropriate,
backed by sanctions

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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Labour clauses (public contracts)

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

such contracts shall contain


The Convention also applies to work carried out by
clauses ensuring:

that wages are paid


that conditions of labour are not less
subcontractors. Exemptions are authorised for contracts not exceeding
an amount fixed after consultation with the organizations of employers
favourable than those established
by legislation, agreements
or current practice

and workers concerned.


sanctions are provided for

Public contracts shall include clauses ensuring to the workers


concerned wages (including allowances), hours of work and other
conditions of labour38 which are not less favourable than those
established for work of the same character by national laws or
regulations, collective agreements or arbitration awards, or the general
level observed in the trade or industry concerned.
The Convention provides for measures to ensure fair and
reasonable conditions of health, safety and welfare for the workers
concerned.
It calls for the publication of texts giving effect to its provisions,
for a system of inspection, for sanctions (such as the withholding by
public authorities of contracts for failure to observe and apply labour
clauses in public contracts) and for measures enabling the workers
concerned to obtain the wages to which they are entitled (notably by
the withholding of payments due to the employer under the terms of
the public contract by the authorities).
In cases of force majeure, or in the event of emergency endangering
national safety or welfare, the operation of the provisions of the
Convention may be temporarily suspended after consultation with the
organizations of employers and workers concerned.

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

PROTECTION OF WAGES, 1949


content liquor or noxious drugs shall not be permitted under any
In general, protection against practices
which might make workers unduly
circumstances) may be authorised40 where this is customary or
dependent on their employer

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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(TR 5.29) General conditions of work


Hours of work, weekly rest and paid leave

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

reduction of hours of work, 1962


CONVENTION NO. 1
C.171

Hours of work (industry) convention, 1919


night work, 1990

C.14 weekly rest (industry), 1921

C.106 weekly rest


(commerce and offices), 1957

C.132

C.140
paid leave (revised), 1970

paid educational leave, 1974


CONVENTION NO. 30
Hours of work (commerce and offices) convention, 1930
CONVENTION NO. 47
Forty-hour week convention, 1935

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

FORTY-HOUR WEEK, 1935


recession. This means they must be highly flexible as regards hours of
Principle that the working week
be reduced to forty hours with
work, so that firms can make the most of their equipment and respond
no reduction in the workers


standard of living

Adoption or encouragement
of measures deemed appropriate
swiftly to market fluctuations.
for achieving that aim

From the point of view of workers and their organizations, the


prime need is to boost employment in the many countries in which
unemployment rates are high. There is also a desire for greater
flexibility as regards hours of work in order better to fulfil individual
aspirations regarding the division and reduction of weekly and annual
hours of work.
The approach to this need for flexibility, especially in the most
recent international instruments, has been to allow considerable leeway
for national conditions and practices and for circumstances specific to
given activities, whilst laying down minimum standards or long-term
objectives held to be in the interests of the workers as a whole.
In this context, in 1987, the Governing Body of the ILO classed the
Reduction of Hours of Work Recommendation, 1962 (No. 116) among
those general standards whose promotion was to be a priority.
The principle of a progressive reduction in hours of work is set
out therein as follows: the normal length should be progressively
reduced, as appropriate, with the aim of achieving a standard of forty
hours, with no reduction in workers wages. As a step toward the 40-
hour week, the Recommendation set an immediate objective of
bringing the normal working week down to 48 hours, with no
corresponding reduction in wages when this was achieved.

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Recommendation No. 116 supplements the international


instruments bearing on hours of work42 and facilitates their application by
indicating practical measures that will take account of the variety of
economic and social conditions and national practices, by specifying the
methods by which these measures can be applied, by indicating the
standard whose principle is embodied in the 40-Hour Convention, 1935
(No. 47) as a social standard to be achieved by stages if need be, and by
defining a normal maximum length of work as per the Hours of Work
(Industry) Convention, 1919 (No. 1).
Each State should promote the adoption of the principle of a
progressive reduction in normal hours of work. Moreover, each State
should, in so far as is compatible with national conditions and practice,
ensure that the principle is applied.
Appropriate monitoring measures are recommended, including
inspections.
The national policy envisaged by the Recommendation may take
various forms, since it is intended to promote the principle of a progressive
reduction in normal working hours through methods adapted to national
conditions and practice, as well as to the conditions in each industry.
Without necessarily having recourse to a formal declaration to this effect,
national policy can be understood as a set of relevant measures,
particularly legislative provisions or collective agreements, even in the
deliberate absence of government intervention in the process of fixing
hours of work.
It may seem that such a policy only directly concerns those countries
in which maximum hours of work, in general or in certain activities, tend
to be relatively high. However, a large number of indices reveal that a
reduction in hours of work remains a major social objective.
There are even countries achieving significant progress in the sense
of a continuous reduction below forty hours a week, or of a more
advantageous scheduling of hours of work (for example through collective
bargaining) involving flexible hours.
In any case, lively debates are taking place in many countries
concerning national policy on hours of work, and, more generally, on the
arrangement of working hours.

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

CONVENTION NO. 171


Night work, 1990
Aim of the standard To protect the health and safety of night workers, assist them to
meet family and social responsibilities, provide opportunities for their
occupational advancement and compensate them appropriately; to
protect maternity.

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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CONVENTION NO. 106


Weekly rest (commerce and offices), 1957
Aim of the standard At least 24 consecutive hours of rest per week.

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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number of exclusions,49 special schemes50 and temporary exemptions.6


Where special schemes5 or temporary exemptions,51 apply, a
compensatory rest period of equivalent duration shall be granted.
The application of the measures taken in accordance with its
provisions shall not entail any reduction of the income of the persons
covered by the Convention52 It shall be subject to adequate supervision
and inspection and entail appropriate penalties to ensure enforcement.

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

CONVENTION NO. 132


Holidays with pay (revised), 1970
Aim of the standard Annual paid holiday of three weeks or more.

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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agreements, arbitration awards, court decisions or in such other


manner consistent with national practice as may be appropriate under
national conditions
The Convention applies to all employed persons with the
exception of seafarers53, and limited categories of persons who may be
excluded under certain conditions. However, ratifying States can accept
separately obligations in respect of employed persons in economic
sectors other than agriculture, and in respect of persons employed in
agriculture.

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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CONVENTION NO. 140


Paid educational leave, 1974
Aim of the standard To promote education and training during working hours, with
financial entitlements.

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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Occupational safety and health


General provisions

CONVENTION NO. 155


Occupational safety and health, 1981
Aim of the standard A coherent national policy on occupational safety, occupational
health and the working environment. Communication and
cooperation at all levels in this area.

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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CONVENTION NO. 161


Occupational health services, 1985
Aim of the standard To maintain, by means of a preventive service, a safe, healthy and
well-adapted working environment to promote the physical and mental
health of all workers.

Summary of the Occupational health services with essentially preventive and


provisions advisory functions shall be developed1 progressively for all workers,
within the framework of a coherent national policy.
To this end, the most representative organizations of employers
and workers shall be consulted.
Occupational health services may be organized as a service for a
single undertaking or common to a number of undertakings.
They may be organized by the undertakings or groups of
undertakings, by public authorities or social security institutions, or by
any other competent body. Employers, workers and their
representatives co-operate and participate in their implementation.
The task of the services shall be to identify and assess risks from
health hazards in the workplace by surveillance of the working
environment and working practices, as well as workers health in
relation to work. They give advice on the subject and promote the
adaptation of work to the worker as well as information, training and
education in this field. They organize first aid, participate in the
analysis of occupational accidents and occupational diseases and
contribute to measures of vocational rehabilitation.
They carry out their functions in co-operation with the other
services in the undertaking and with other bodies concerned with the
provision of health services.
Their personnel shall enjoy full professional independence and be
properly qualified.
Occupational health services shall be informed of any known
factors and any suspected factors which may affect the workers health,
such as occurrences of ill health among workers and absence from
work for health reasons, but they shall not be required to verify
reasons for absence.
The surveillance of workers health in relation to work shall be
free of charge and shall take place as far as possible during working
hours; it shall involve no loss of earnings for workers.
The authority responsible for supervising and advising
occupational health services shall be designated by national laws or
regulations.

58. By laws or regulations, collective agreements or any other approved manner.

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CONVENTION NO. 174


Prevention of major industrial accidents, 1993
Aim of the standard Prevention of major industrial accidents and limitation of
consequences thereof.

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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Protection against specific risks

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.

58. A sort of white pigment used in painting.

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CONVENTION NO. 115


Radiation protection, 1960
Aim of the standard Protection of workers against ionizing radiations.

Summary of the No worker under the age of 16 shall be engaged in work


provisions involving ionizing radiations; nor shall any worker be employed where
(TR 5.33) he or she could be exposed to ionizing radiations contrary to qualified
C.115
medical advice.
RADIATION
PROTECTION,
1960
Effective protection for all other workers shall be ensured in the
Protection of workers
against ionizing radiations
light of current knowledge. Every effort shall be made to reduce to the
No worker under the age
lowest practicable level their exposure to ionizing radiations, and any
of 16 shall be engaged
in work involving
ionizing radiations
unnecessary exposure shall be avoided.
The Convention sets out various provisions concerning measures
to be taken by the State, the fixing of maximum permissible doses of
radiation and amounts of radioactive substances that can be taken into
the body59, warnings of hazards, the instruction of workers in the
precautions to be taken, the notification of work involving exposure,
monitoring of workers and the workplace, and the appropriate medical
examinations.

59. Special levels shall be fixed for persons under the age of 18.

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CONVENTION NO. 136


Benzene,60 1971
Aim of the standard Protection against the hazards of poisoning arising from benzene.1

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.

60. The aromatic hydrocarbon benzene C6H6.


61. In motor fuel, for example.
62. Inspection, etc.

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CONVENTION NO. 139


Occupational cancer, 1974
Aim of the standard The prevention of occupational cancer.

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

2. To prescribe protective measures

63. Inspection, etc.

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CONVENTION NO. 162


Asbestos64, 1986
Aim of the standard The prevention of occupational hazards due to asbestos.1

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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CONVENTION NO. 170


Chemicals, 1990
Aim of the standard To prevent or reduce the incidence of chemically induced illnesses
and injuries at work.

Summary of the The Convention applies to all branches of economic activity in


provisions which chemicals are used65.
(TR 5.37) The most representative organizations of employers and workers
C. 170
concerned shall be consulted on the measures to be taken. The State
CHEMICALS, 1990
shall formulate, implement and periodicly review a coherent policy in
To prevent chemically
induced illnesses
and injuries at work
this field.
To reduce their incidence The Convention (supplemented by a Recommendation66) provides
Applies to all branches
of economic activity in which
chemicals are used
for detailed regulations concerning classification systems of chemicals,
their labelling and marking, chemical safety data sheets, the
responsibilities of suppliers and those of employers (identification of
chemicals, their transfer and disposal and the exposure of workers, as
well as information, training and co-operation with the latter).
The duties (notably of co-operation and reasonable precautions)
and the rights (notably to information and to remove themselves from
danger) of the workers are also set forth.
When in an exporting State all or some uses of hazardous
chemicals are prohibited for reasons of safety and health at work, this
shall be communicated by the exporting member State to any
importing country.

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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CONVENTION NO. 119


Guarding of machinery, 1963
Aim of the standard The prevention of hazards to workers arising out of moving parts
of machinery.

Summary of the The Convention applies to all power-driven machines, new or


provisions second-hand.
(TR 5.38) It prescribes that the sale or hire of these machines shall be
C.119

GUARDING OF MACHINERY, 1983


prohibited if specified dangerous parts of them are without appropriate
The prevention of hazards to workers
arising out of moving parts
of machinery
guards.
Applies to all power-driven
machinery, new or second-hand
In the actual use of machinery, the prohibition extends to include
The obligation
of employers
also the machines point of operation.
to inform workers
about dangers
in the use
of machinery
The Convention also determines the obligations of employers
regarding information of workers about the danger arising in the use of
machinery.
The obligation to ensure protection, regarding the sale and hire of
machinery, rests on the vendor or person letting out on hire, or their
agents. Responsibility during use rests on the employer.
No worker shall use or be required to use any machinery without
the guards provided being in position or where such guards have been
made inoperative.

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CONVENTION NO. 127


Maximum weight, 1967
Aim of the standard The protection of workers against hazards arising out of the
weight of loads.

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

MAXIMUM WEIGHT, 1967


or safety.
protection of workers
against hazards
It provides that ratifying States shall take appropriate steps to this
arising out
of the weight of loads
effect, particularly as regards training of workers assigned to manual
establishes the general
principle that no worker
shall be required
transport of loads and the use of suitable technical devices.
or permitted to engage
in the manual transport
of a load which,
by reason of its weight,
For women and young workers, their assignment to manual
is likely to jeopardize
his or her health
or safety transport of loads other than light loads shall be limited and the
maximum weight shall be substantially less than that permitted for
adult male workers.

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CONVENTION NO. 148


Working environment (air pollution, noise and vibration), 1977
Aim of the standard To keep, as far as possible, the working environment free from
any hazard due to air pollution, noise or vibration.

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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Protection in particular branches of activity

CONVENTION NO. 120


Hygiene (commerce and offices), 1964
Aim of the standard The respect of elementary hygiene measures in all commercial
and administrative establishments.

Summary of the All commercial and administrative premises69 used by workers,


provisions and the equipment of such premises, shall be properly maintained and
(TR 5.41) kept clean.
C. 120

HYGIENE (COMMERCE AND OFFICES), 1964


The Convention provides general rules for ventilation, lighting
(preferably natural), temperature, noise, washing and other facilities,
The respect of elementary
hygiene measures in all
commercial and administrative
establishments
sanitary conveniences, first aid, and so on, and refers to
All commercial and
administrative premises
Recommendation No. 12070 for greater detail.
used by workers
shall be properly
maintained and kept clean

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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CONVENTION NO. 167


Safety and health in construction, 1988
Aim of the standard To ensure safety and health in construction.

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

SAFETY AND HEALTH


series of definitions. The latter, inter alia, clarify that the term
To ensure
IN CONSTRUCTION, 1988
employer means, on a construction site and as the context requires,
safety
and health
in construction the principal contractor, the contractor or the subcontractor.
Applies to
all construction
All appropriate precautions shall be taken to ensure that all
activities, from
the preparation
of the site
workplaces are safe and without risk of injury to health. To this end
to the completion
of the project
the principal technical requirements are defined, concerning notably:
scaffolds and ladders; lifting appliances and gear; vehicles and earth-
moving or materials-handling equipment; plant, machinery and tools;
work at heights; excavations and shafts; earthworks, underground
works and tunnels; cofferdams and caissons; work in compressed air;
structural frames and formwork; work close to water; demolition;
lighting and electricity; explosives and fire precautions; chemical and
other health hazards; personal protective equipment and clothing, first
aid and welfare; information; training; and reporting of accidents and
diseases..
The application of the provisions of the Convention shall be
ensured through laws and regulations based on an assessment of the
hazards, after consultation with the organizations of employers and
workers. These laws and regulations may be supplemented by
technical standards or codes of practice in which due regard shall be
had to the standards adopted by international organizations of
standardization.
Cooperation between employers and workers in this field shall be
promoted, and the responsibilities and corresponding rights shall be
defined, as well as the duties of those who design and plan projects. In
particular, the principal contractor shall be responsible for coordinating
the prescribed measures and each employer shall remain responsible for
their application in respect of workers under his authority. Workers
shall cooperate closely, and shall notably report risks; they have the
right to remove themselves from an imminent and serious danger and,
at the same time, the duty to inform their supervisor immediately.
An inspection service and adequate penalty measures are
prescribed.13

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

National legislation shall assign


the obligation for marking

73. Implicitly: the protection of dock workers employed in loading and unloading operations.

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CONVENTION NO. 152


Occupational safety and health (dock work), 1979
Aim of the standard The protection of dock workers.

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

maintenance of social security rights, 1982


contingencies, whereas the more recent standards cover all or several
C.168
employment promotion and protection
branches of social security and take the situation of developing
against unemployment, 1988

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:

General standards (incorporating the branches of social security


listed above)
Social Security (Minimum Standards) Convention 1952
(No. 102).
Income Security Recommendation, 1944 (No. 67).
Social Security (Armed Forces) Recommendation, 1944 (No. 68).
Equality of Treatment (Social Security), Convention 1962
(No. 118).
Maintenance of Social Security Rights Convention 1982
(No. 157).
Maintenance of Social Security Rights Recommendation 1983
(No. 167).

Protection under the various branches of social security


Medical care and sickness benefit
Medical Care Recommendation 1944 (No. 69).
Medical Care and Sickness Benefit Convention (No. 130) and
Recommendation (No. 134), 1969.
Old age, invalidity and survivors benefits
Invalidity, Old Age and Survivors Benefits Convention (No.
128) and Recommendation (No. 131), 1967.
Employment injury benefit
Workmens Compensation (Agriculture) Convention, 1921 (No.
12).

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Workmens Compensation (Accidents), Convention, 1925


(No. 17).
Workmens Compensation (Occupational Diseases) Convention,
1925 (No. 18).
Equality of Treatment (Accident Compensation), Convention,
1925 (No. 19).
Workmens Compensation (Occupational Diseases) Convention
(Revised), 1934 (No. 42).
Employment Injury Benefits Convention, 1964 (No. 121)
(schedule I amended in 1980).
Employment Injury Benefits Recommendation, 1964 (No. 121).
Unemployment benefit
Employment Promotion and Protection against Unemployment
Convention (No. 168) and Recommendation (No. 176), 1988.
Maternity benefit
Maternity Protection Convention, 1919 (No. 3).
Maternity Protection Convention (Revised) (No. 103) and
Recommendation (No. 95), 1952.
Family benefit
[See General standards, above.]

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CONVENTION NO. 102


Social security (minimum standards), 1952
Aim of the standard To establish with the requisite flexibility, given the wide variety of
conditions obtaining in different countries, minimum standards for
benefits in the main branches of social security.

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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In the case of periodic payments, the rate of benefit is determined


having regard to the level of wages in the country concerned.
Thus, the Convention provides, for the calculation of benefits,
three formulas intended for adaptation to a variety of schemes: (a)
proportional, or partially proportional benefits linked to the
beneficiarys previous earnings or family support commitments (Article
65); (b) benefits set at uniform rates or benefits comprising at least a
minimum rate based on the wage of an adult male labourer (Article
66); (c) benefits linked to the means of the beneficiary concerned, the
amount of which benefit, where the beneficiary concerned has no
other means justifying a reduction in benefit, is determined in the same
way as in (b) (Article 67).
Non-national residents shall have the same rights as national
residents. However, special rules may be prescribed as regards benefits
payable out of public funds or in respect of transitional schemes (Article
68).
Benefits may be suspended in certain cases, e.g. as long as the
person concerned is absent from the territory of the State, or is
maintained at public expense or at the expense of a social security
institution, or is guilty of a specified misconduct (Article 69). Every
claimant shall have a right of appeal in case of refusal of the benefit or
complaint as to its quality or quantity.
The Convention has provisions with regard to the financing of
benefits and provides that the ratifying State shall accept general
responsibility for the due revision of the benefits and the proper
administration of the institutions and services concerned.
It provides that representatives of protected persons shall
participate in the management of social security institutions, or be
associated with them in a consultative capacity where the
administration is not entrusted to an institution regulated by the public
authorities or to a government department.
The Convention does not apply to seafarers or sea fishermen.83

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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CONVENTION NO. 118


Equality of treatment (social security), 1962
Aim of the standard To ensure within the territory of any ratifying State equality of
treatment in respect of social security to refugees, stateless persons and
nationals of another ratifying State.

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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CONVENTION NO. 157


Maintenance of social security rights, 1982
Aim of the standard An international system for the maintenance of rights to medical
care and sickness benefit, maternity, invalidity, old-age, survivors,
employment injury, unemployment and family benefits in respect of
persons working or residing outside their country.

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

underground work, (women) 1935


particularly in the case of maternity, whereas the more recent standards
C.89

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

grouped into the following categories:

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).

N.B. See also Equality of Opportunity and Treatment, above.

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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.

Summary of the Scope


provisions
A. Convention No. 3 applies to industry and commerce.
B. Convention No. 103 applies to women employed in industrial
undertakings and in non-industrial and agricultural
occupations, including women wage earners working at home
or in domestic work in private households. The sole exception
provided for is family undertakings, but the Convention
authorises upon ratification exemptions in respect of certain
categories of non-industrial occupations, occupations carried on
in agricultural undertakings other than plantations, domestic
work for wages in private households, women wage earners
working at home or in undertakings engaged in the transport
of passengers or goods by sea.

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.

Cash benefits and care


A. Convention No. 3: While she is absent from work on maternity
leave, the woman shall be paid benefits sufficient for the full
and healthy maintenance of herself and the child, provided
either from public funds or by means of a system of insurance.
In addition, she is entitled to free attendance by a doctor or
certified midwife.
B. Convention No. 103: While she is absent from work on
maternity leave, the woman shall be entitled to cash benefits
sufficient for the full and healthy maintenance of herself and
the child in accordance with a suitable standard of living, and

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to medical benefits including pre-natal, confinement and post-


natal, as well as hospitalization care where necessary. Freedom
of choice of doctor and freedom of choice between a public and
private hospital shall be respected.
It also states that these benefits shall be provided either by
means of compulsory social insurance or by means of public
funds. In the former case, the cash benefits shall be based on
previous earnings and shall be at a rate of not less than two-
thirds of the womans previous earnings so taken into account.
In no case shall the employer be individually liable for the cost
of benefits.

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.

Summary of the No female, whatever her age, shall be employed on underground


provisions work in any mine.
Possible exemptions from the prohibition are as follows: females
holding positions of management who do not perform manual work;
females employed in health and welfare services; females who, in the
course of their studies, spend a period of training in the underground
parts of a mine, or who may occasionally have to enter the
underground parts of a mine for the purpose of a non-manual
occupation.

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9. Employment of children and young persons


(TR 5.46) The ILOs constant concern for the protection of children is shown
Standards concerning the employment of women,
children and young persons
by the fact that the first Convention on the subject was adopted in
C.3 maternity protection, 1919

C.103
C.45
maternity protection (revised), 1952

underground work, (women) 1935


1919 and that standard-setting activities have continued ever since. The
C.89

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

(TR 5.47) Minimum age


(TR 5.48) Minimum Age (Industry) Convention, 1919 (No. 5)
(TR 5.49) Minimum Age (Industry) Convention (Revised), 1937 (No. 59)
Minimum Age (Non-Industrial Employment) Convention,
C.138/C.182

MINIMUM AGE, 1973

PROHIBITION OF THE WORST


FORMS OF CHILD LABOUR, 1999
1932 (No. 33)
Minimum Age (Non-Industrial Employment) Convention
(Revised), 1937 (No. 60)
Minimum Age (Agriculture) Convention, 1921 (No. 10)
Minimum Age (Underground Work) Convention (No. 123) and
Minimum age

Exception for
Recommendation (No. 124), 1965
C.138 General developing

Minimum Age Convention (No. 138) and Recommendation


countries

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.

B. Convention No. 90 applies to industry.8


Night work for young persons under 18 years of age is prohibited.
The term night signifies a period of at least 12 consecutive
hours, given that:
for young persons under 16 years of age, this period shall
include the interval between 10 p.m. and 6 a.m.;
for young persons between 16 and 18 years of age, this
period shall include an interval of at least seven consecutive
hours falling between 10 p.m. and 7 a.m.
The conditions for authorised exemptions (for example,
apprenticeship, vocational training, climate, serious public
emergency) are regulated by the Convention.
A system of inspection is provided for.

91. Domestic service in private households may be exempted.


92. See the Night Work Of Children and Young Persons (Agriculture) Recommendation, 1921
(No. 14), which provides a summary of standards.
93. Article 20 of the Wages, Hours of Work and Manning (Sea) Convention (Revised), 1958 (No.
109), provides that no person under the age of 16 years shall work at night (nine hours).
94. Certain family undertakings may be exempted.

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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.

Summary of the These three Conventions, each having a different scope of


provisions application, allow - through separate ratifications - a certain flexibility
in the adaptation of national standards to international standards.
A+B. Convention No. 77 applies to industry.96
Convention No. 78 applies to all occupations other than
industrial, agricultural and maritime occupations.
Convention No. 78 (only) authorizes the exemption of
certain family undertakings.
The two Conventions are drawn up in similar terms.
They provide that children and young persons under 18
years of age shall not be admitted to employment unless
they have been found fit for the work on which they are to
be employed by a thorough medical examination.
The fitness of a child or young person for the employment in
which he or she is engaged shall be subject to medical
supervision until the age of 18 years has been attained97, and
the continued employment of a child or young person under
18 years of age shall be subject to the repetition of medical
examinations at intervals of not more than one year.

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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In occupations which involve high health risks,98 medical


examination and re-examinations for fitness for
employment shall be required until at least the age of 21
years.99
The medical examinations required shall not involve the
child or young person, or his parents, in any expense.
These Conventions also provide for measures of vocational
guidance and physical and vocational rehabilitation of
children and young persons found by medical examination
to be unsuited to certain types of work or to have physical
handicaps or limitations.
Finally, they provide for measures of supervision.
C. Convention No. 124, which applies to employment or work
underground in mines, raises the age limit for periodic
medical examinations to 21 years of age (at intervals of not
more than one year) and requires an X-ray film of the lungs
on the occasion of the initial medical examination and,
when regarded as medically necessary, on the occasion of
subsequent re-examinations.100

98. cf. Convention No. 124.


99. In the cases referred to in note 95, the age of 21 years may be substituted by a lower age, but
in no case lower than 19 years.
100. Over and above measures providing for medical examinations, the Conditions of
Employment of Young Persons (Underground Work) Recommendation, 1965 (No. 125),
deals with the wider set of problems surrounding these conditions.

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10. Older workers


The ILOs standard-setting activity provides for the adoption of a
policy to prevent any discrimination against older workers, and of
measures to enable them to continue in employment under satisfactory
conditions and to prepare themselves to retire on a voluntary basis, as
far as possible.

RECOMMENDATION NO. 162


Older workers, 1980
Aim of the standard Equality of treatment and opportunity for older workers.

Summary of the The Recommendation on older workers exhorts governments to


provisions take measures to prevent all forms of discrimination against older
workers.
Such measures should be taken after consulting workers and
employers organizations, and should cover vocational guidance, job
security, remuneration, social security and welfare benefits, conditions
of work and access to health care.
The standard stipulates that older workers should have access to
bodies empowered to examine and investigate complaints regarding
equality of opportunity and treatment.
Studies should be carried out, with the participation of older
workers, to determine the types of employment most suitable to older
workers. Such studies should also form the basis for particular forms of
protection to be afforded to older workers.
Specific measures might be taken to reduce hours of work,
eliminate workplace hazards and facilitate changes of workplace for
older workers.
As regards preparation for and access to retirement, governments
should allow for a gradual transition to retirement. To this end,
measures should be taken to ensure that older workers are fully
informed of their rights and of all opportunities that may prove useful
to them.

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11. Migrant workers


(TR 5.50) The ILO has long been concerned with the special problems of
Migrant workers

THE PRINCIPAL STANDARDS ADOPTED


migrant workers. The first text on the subject is Convention No. 97, of
CONCERNING MIGRANT WORKERS ARE AS FOLLOWS:

Migration for Employment Convention (No. 97) and


Recommendation (No.86) , 1949.
1949, which contains a series of provisions designed on the one hand
Protection of Migrant Workers (Underdeveloped Countries)
Recommendation, 1955 (No. 100).
Migrant Workers (Supplementary Provisions)
Convention, 1975 (No. 143).
to assist migrants for employment and on the other to secure equality
Migrant Workers Recommendation, 1975 (No. 151).
of treatment in various fields. In 1975, the ILO adopted Convention No.
143 and Recommendation No. 151, which contain further provisions
aimed at eliminating abusive conditions and promoting equality of
treatment and opportunity for migrant workers.
The principal standards adopted regarding migrant workers are
the following:
Migration for Employment Convention (Revised) (No. 97) and
Recommendation (Revised) (No. 86), 1949.
Protection of Migrant Workers (Underdeveloped Countries)
Recommendation, 1955 (No. 100).
Migrant Workers (Supplementary Provisions) Convention,
1975 (No. 143).
Migrant Workers Recommendation, 1975 (No. 151).

CONVENTION NO. 97
Migration for employment (revised), 1949
Aim of the standard Assistance, information, protection and equality of treatment for
migrant workers.

Summary of the The Convention applies to migrants for employment.101


provisions It has various provisions aimed at regulating the conditions under
which the migration of persons for employment shall take place and at
ensuring equality of treatment for migrant workers in certain respects.
Firstly, the Convention contains a series of provisions concerning
migration for employment, notably on the information that States shall
make available to one another and on the establishment of free services
to assist and inform migrants for employment.
Furthermore, as far as possible, States shall take steps against
misleading propaganda relating to emigration and immigration, and co-
operate to this end with other countries concerned.
Appropriate measures shall be taken to facilitate the departure,
journey and reception of migrants for employment.
The Convention also provides for the establishment of medical
services for migrants for employment and the members of their
families.

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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A second series of provisions deals with equality of treatment.


These comprise, for States ratifying the Convention, the obligation to
apply, without discrimination in respect of nationality, race, religion or
sex, to immigrants lawfully within their territory, treatment no less
favourable than that which they apply to their own nationals in respect
of certain matters.102
The Convention also has provisions regarding co-operation
between employment services and other services connected with
migration and the free rendering of public employment services to
migrants.
It prohibits that a migrant for employment who has been
admitted on a permanent basis and the members of his or her family
who have been authorised to accompany or join the migrant be
returned to their territory of origin because the migrant is unable to
follow his or her occupation by reason of illness contracted or injury
sustained subsequent to entry.
States bound by the Convention undertake to permit, taking into
account the limits allowed by national laws and regulations concerning
the export and import of currency, the transfer of such part of the
earnings and savings of the migrant as the migrant may desire.103

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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CONVENTION NO. 143


Migrant workers (supplementary provisions), 1975
Aim of the standard Equality of opportunity and treatment and the elimination of
abuses.

Summary of the This Convention is in two parts dealing respectively with


provisions migrations in abusive conditions and equality of opportunity and
treatment. Each State which ratifies it may, by a declaration appended
to its ratification, exclude either one or the other part from its
acceptance of the Convention.
Part 1, dealing with migrations in abusive conditions, sets the
general obligation to respect the basic human rights of all migrant
workers.
It requires of States for which it is in force to seek to determine
whether there are illegally employed migrant workers on its territory
and whether there depart from, pass through, or arrive in its territory
any movements of migrants for employment in which the migrants are
subjected to conditions contravening international agreements or
national legislation.
All necessary measures shall be taken at the national and the
international level (a) to suppress clandestine movements of migrants
for employment and illegal employment of migrants, and (b) against
the organisers of illicit or clandestine movements of migrants for
employment and against those who employ workers who have
immigrated in illegal conditions. One of the purposes of such measures
shall be that traffickers in manpower can be prosecuted whatever the
country from which they exercise their activities. Systematic contact
and exchange of information on the subject shall be established with
other States, and provision shall be made for the definition and
application of administrative, civil and penal sanctions.
Furthermore, certain protective measures are provided for in
respect of migrant workers having lost their employment or in respect
of those who are in an irregular situation.104
Part II of the Convention, which is inspired by the provisions of
the Discrimination (Employment and Occupation) Convention, 1958
(No. 111), requires that States for which the Convention is in force
shall declare and pursue a policy designed to promote and to guarantee
equality of treatment in respect of employment and occupation, social
security, trade union and cultural rights and individual and collective
freedoms.

104. For example, the persons concerned shall not bear the cost of any eventual expulsion.

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While reserving for the States concerned the latitude to employ


methods appropriate to national conditions and practice, the
Convention defines a series of measures to be taken to this effect.
The Convention does, however, authorise certain limitations
regarding equality of access to employment (free choice of employment
only after a period of lawful residence not exceeding two years,
recognition of certificates and diplomas, restricted access to
employment or functions where this is necessary in the interests of the
State).105

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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12. Indigenous and tribal peoples and workers


in non-metropolitan territories
(TR 5.51) Several standards have been adopted to protect indigenous
Indigenous peoples and workers in non-metropolitan territories
THE PRINCIPLE STANDARDS ON INDIGENOUS PEOPLES
workers against exploitation and coercion.
ILO standards cover several aspects of work that were particularly
AND WORKERS IN NON-METROPOLITAN TERRITORIES
ARE GROUPED AS FOLLOWS:

1 Indigenous and tribal peoples

Indigenous and Tribal Populations Convention (No. 107)


and Recommendation (No. 104), 1957.
Indigenous and Tribal People Convention, 1989 (No. 169).
relevant to conditions in dependent territories or colonies.
2 Workers in Non-Metropolitan Territories A set of Conventions adopted in 1947 was mainly designed to
Social Policy in Dependent Territories Recommendation, 1944 (No. 70).
Social Policy in Dependent Territories Recommendation
(Supplementary Provisions), 1945 (No. 74).
Social Policy (Non-Metropolitan Territories) Convention, 1947 (No. 82).
apply standards of a more general nature in such territories, dealing
Right of Association (Non-Metropolitan Territories) Convention, 1947 (No. 84).
Labour Inspection (Non-Metropolitan Territories) Convention, 1947 (No. 85).
Labour Standards (Non-Metropolitan Territories) Convention, 1947 (No. 83). with social policy (No. 82), freedom of association (No. 84), labour
inspection No. 85), and to apply a series of international labour
standards (No. 83).
As regards indigenous and other tribal and semi-tribal peoples in
independent countries, in 1957 the Conference adopted Convention
No. 107 and Recommendation No. 104, which aim to protect these
peoples against abuse, secure their basic rights, and generally improve
their living and working conditions. In 1989, the Conference adopted
Convention No. 169, revising Convention No. 107 in the light of
changes in the position of indigenous and tribal peoples and the
attitude of the international community toward them.
The principal standards on indigenous and non-metropolitan
workers are grouped into the following categories:

Indigenous and tribal peoples


Indigenous and Tribal Populations Convention (No. 107) and
Recommendation (No. 104), 1957.
Indigenous and Tribal Peoples Convention (No. 169), 1989.

Workers in non-metropolitan territories


Social Policy in Dependent Territories Recommendation, 1944
(No. 70).
Social Policy in Dependent Territories (Supplementary
Provisions) Recommendation, 1945 (No. 74).
Social Policy (Non-Metropolitan Territories) Convention, 1947
(No. 82).
Right of Association (Non-Metropolitan Territories)
Convention, 1947 (No. 84).
Labour Inspectorates (Non-Metropolitan Territories)
Convention, 1947 (No. 85).
Labour Standards (Non-Metropolitan Territories) Convention,
1947 (No. 83).

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CONVENTION NO. 169


Indigenous and tribal peoples, 1989
Aim of the standard To protect the rights of indigenous and tribal peoples in
independent countries and to guarantee respect for their integrity.
Summary of the This Convention revises the Indigenous and Tribal Populations
provisions Convention, 1957 (No. 107), in order to bring it into line with
developments in international law and in the situation of indigenous
and tribal peoples in all regions of the world.
Thus, it provides that governments shall have the responsibility
for developing, with the participation of the peoples concerned, co-
ordinated and systematic action to protect the rights of these peoples
and to guarantee respect for their integrity. To this end it shall be
ensured that they benefit, on an equal footing, from the rights and
opportunities which are granted to other members of the population,
with respect for the social and cultural identity of the peoples in
question as well as their customs and institutions.
These peoples shall enjoy, without discrimination, the full
measure of human rights and fundamental freedoms. Special measures
- which cannot be contrary to their freely expressed wishes - shall
safeguard the persons, institutions, property, labour, cultures and
environment of the peoples concerned.
Various provisions of the Convention deal in detail with the
social, cultural, religious and spiritual values and practices of the said
peoples. Others concern notably their right to decide their own
development, their customary laws, and the prohibition of the exaction
of compulsory personal services, according to the context of the
country they live in. All these provisions shall be applied after
consultation, in good faith and in an appropriate form, and with the
participation of the peoples concerned.
An important section of the Convention is dedicated to land, on the
basis of respect for the special importance for the cultures and spiritual
values of the peoples concerned of their relationship with lands or
territories; and on the basis of the recognition of the rights of ownership
and possession over the lands which they traditionally occupy, or of the
use of certain lands in accordance with traditional access to them. The
safeguard of the right to natural resources is provided for, along with
special provisions concerning cases in which the State retains the
ownership of mineral or sub-surface resources. Rigorous restrictions
apply notably to relocations. Measures shall also be taken to prevent
persons not belonging to these peoples from taking advantage of their
customs to secure the ownership, possession or use of their lands.
Other parts of the Convention deal with recruitment and conditions
of employment; vocational training, handicrafts and rural industries;
social security and health; education and means of communication;
contacts and co-operation across borders; and administration.
The nature and scope of the measures to be taken to give effect to
this Convention shall be determined in a flexible manner, having
regard to the conditions characteristic of each country.

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13. Other special categories


(TR 5.52) A number of instruments relate to specific categories of workers
(TR 5.52 bis) by reason of the particular conditions in which they work or of the
Other special categories of workers (1) social group to which they belong, namely seafarers, fishermen, dock
The main standards concerning special categories
of workers are grouped as follows: workers, agricultural workers and service personnel. Here we shall
A. SEAFARERS

National Seamens Codes Recommendation, 1920 (No. 9).


Seafarers Identity Documents Convention, 1958 (No. 108).
mention some of the texts which have special relevance to technical
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).
Merchant Shipping (Improvement of Standards) Recommendation, 1976 (No. 155).
cooperation programmes.
B. FISHERMEN

Hours of Work (Fishing) Recommendation, 1920 (No. 7).


Minimum Age (Fishermen) Convention, 1959 (No. 112).
Medical Examination (Fishermen) Convention, 1959 (No. 113).
The principal standards on special categories of workers are
grouped as follows:
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).

Other special categories of workers (2)

The main standards concerning special categories


a) Seafarers
of workers are grouped as follows:

C. INLAND WATERWAYS
General standards
Hours of Work (Inland Waterways) Convention, 1920 (No. 8).

D. DOCK WORKERS National Seamens Codes Recommendation, 1920 (No. 9).


Dock Work Convention (No. 137) and Recommendation (No. 145), 1973.

E. PLANTATIONS
Seafarers Identity Documents Convention, 1958 (No. 108).
Plantations Convention, 1958 (No. 110) [and Protocol, 1982].

Seafarers Engagement (Foreign Vessels) Recommendation,


Plantations Recommendation, 1958 (No. 110).

1958 (No. 107).


Employment of Seafarers (Technical Developments)
Recommendation, 1970 (No. 139).
Continuity of Employment (Seafarers) Convention (No. 145)
and Recommendation (No. 154), 1976.
Merchant Shipping (Minimum Standards) Convention, 1976
(No. 147) [and Protocol, 1990].
Merchant Shipping (Improvement of Standards)
Recommendation, 1976 (No. 155).

Training and entry into employment


Placing of Seamen Convention, 1920 (No. 9).
Seamens Articles of Agreement Convention, 1926 (No. 22).
Vocational Training (Seafarers) Recommendation, 1970 (No.
137).

Conditions for admission to employment


Minimum Age (Sea) Convention, 1920 (No. 7).
Minimum Age (Trimmers and Stokers) Convention, 1921 (No. 15).
Minimum Age (Sea) Convention (Revised), 1936 (No. 58).
Minimum Age Convention (No. 138) and Recommendation
(No. 146), 1973.
Medical Examination of Young Persons (Sea) Convention, 1921
(No. 16).
Medical Examination (Seafarers) Convention, 1946 (No. 73).

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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).

General conditions of employment


Wages, Hours of Work and Manning (Sea) Convention
(Revised) (No. 109) and Recommendation (No. 109), 1958.
Repatriation of Seamen Convention, 1926 (No. 23).
Repatriation (Ship Masters and Apprentices) Recommendation,
1926 (No. 27).
Paid Vacations (Seafarers) Convention (Revised), 1949 (No. 91).
Seafarers Annual Leave with Pay Convention, 1976 (No. 146).
Protection of Young Seafarers Recommendation, 1976 (No. 153).
Repatriation of Seafarers Convention (Revised) (No. 166) and
Recommendation (No. 174), 1987.
Recruitment and Placement of Seafarers Convention (No. 179)
and Recommendation (No. 186), 1996.
Seafarers Hours of Work and the Manning of Ships
Convention (No. 180), 1996
Seafarers Wages, Hours of Work and the Manning of Ships
Recommendation (No. 187), 1996.

Safety, health and welfare


Food and Catering (Ships Crews) Convention, 1946 (No. 68).
Bedding, Mess Utensils and Miscellaneous Provisions (Ships
Crews) Recommendation, 1946 (No. 78).
Accommodation of Crews Convention (Revised), 1949 (No. 92).
Accommodation of Crews (Supplementary Provisions)
Convention, 1970 (No. 133).
Crew Accommodation (Air Conditioning) Recommendation,
1970 (No. 140).
Crew Accommodation (Noise Control) Recommendation, 1970
(No. 141).
Ships Medicine Chests Recommendation, 1958 (No. 105).
Medical Advice at Sea Recommendation, 1958 (No. 106).
Prevention of Accidents (Seafarers) Convention (No. 134) and
Recommendation (No. 142), 1970.
Seamens Welfare in Ports Recommendation, 1936 (No. 48).

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Seafarers Welfare Recommendation, 1970 (No. 138).


Seafarers Welfare Convention (No. 163) and Recommendation
(No. 173), 1987.
Health Protection and Medical Care (Seafarers) Convention
(No. 164), 1987.

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).

f) Tenants and share-croppers


Tenants and Share-Croppers Recommendation, 1968 (No. 132).

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.

Training and entry into employment


The vocational training of seafarers is dealt with in detail in
Recommendation No. 137, of 1970, and the special employment
problems arising from technical developments on board ship are the
subject of Recommendation No. 139, of the same year, which contains
provisions on manpower planning, recruitment and placement (also
dealt with in Convention No. 9, of 1920), training and retraining, and
regularity of employment. In addition, Convention No. 145 and
Recommendation No. 154, both of 1976, provide that countries with a
maritime industry must take steps to promote continuous or regular
employment for qualified seafarers; and Convention No. 22, of 1926,
specifies the manner in which articles of agreement are to be signed
and terminated, and the particulars to be included in these documents.

Conditions for admission to employment


The minimum age for the admission of children to employment at
sea was initially fixed at 14 years (Convention No. 7), but this was later
raised to 15 years (Convention No. 58) or more (Convention No. 138).
The obligation to undergo a medical examination prior to engagement
was initially provided for young persons only (Convention No. 16), but
was later extended to any person to be employed on board ship
(Convention No. 73).

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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minimum requirement of professional competency for masters and


officers, and Convention No. 74, of 1946, provides that able seamen
must hold appropriate certificates of qualification. The obligation for a
ships cook to have a proper certificate is also prescribed, in Convention
No. 69, of 1946.

General conditions of employment


Numerous texts on general conditions of employment have been
adopted, the most important being Convention No. 109, of 1958,
concerning wages, hours of work on board ship, and manning,
Conventions Nos. 91, of 1949, and 146, of 1976, which provide that
seafarers shall be entitled to annual leave with pay of a specified
minimum length, and Convention No. 23, of 1926, regarding the
repatriation of seafarers who have been landed during the term of their
engagement or on its expiry. The latter was revised by Convention No.
166 (supplemented by Recommendation No. 174), of 1987.

Safety, health and welfare


Matters relating to the safety and health of seafarers are regulated
in several ILO standards, including Convention No. 134 and
Recommendation No. 142 (both of 1970) concerning the prevention of
occupational accidents to seafarers, and two Recommendations (Nos.
105 and 106) of 1958 which contain provisions regarding medical
advice by radio to ships at sea and the contents of medicine chests on
board ship. Detailed requirements regarding crew accommodation are
laid down in Conventions Nos. 92, of 1949, and 133, of 1970, and also
in two Recommendations, Nos. 140 and 141, of 1970. The question of
food and catering for crews is covered by Convention No. 68, of 1946,
and provisions on seafarers welfare in port and at sea are set out in
Recommendations Nos. 48, of 1936, and 138, of 1970.
The 74th (Maritime) Session of the International Labour
Conference adopted in 1987 a number of new instruments covering
seafarers. Convention No. 163, supplemented by Recommendation No.
173, requires that each ratifying State ensure adequate welfare facilities
and services at sea and in port for all seafarers, irrespective of
nationality, race, colour, sex, religion, political opinion or social origin
and irrespective of the State in which the ship on which they are
employed is registered. Convention No. 164 provides for measures to
ensure health protection and medical care for seafarers on board ship.

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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Security (Seafarers) Convention, 1946 (No. 70), and the Seafarers


Pensions Convention, 1946, (No. 71).
In 1987, the 74th (Maritime) Session of the International Labour
Conference adopted Convention No. 165, which revised both the
Sickness Insurance (Sea) Convention, 1936 (No. 56), and the Social
Security (Seafarers) Convention, 1946 (No. 70). According to the new
Convention, ratifying States are bound to comply with its provisions on
minimum and superior standards in respect of at least three of the nine
branches of social security (i.e. medical care, and benefits in the case of
sickness, unemployment, old age, employment injury, maternity or
invalidity, as well as family and survivors benefits).

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.

Plantations, tenants and sharecroppers


Many of the standards mentioned elsewhere in this chapter apply
to agricultural workers, either because they are general in scope or
because they provide for the application to agriculture of some given
rights or protective measure (for example as regards freedom of
association, social security or annual holidays). In addition to those
standards, in 1958 the Conference adopted a Convention (No. 110) and
a Recommendation (No. 110) which provide for the application to
plantation workers of a wide range of standards, including some
relating to freedom of association, migrant workers, contracts of
employment, wages, holidays, maternity protection, workmens

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compensation, labour inspection, housing and medical care. Similarly,


Recommendation No. 132, of 1968, indicates a series of measures to be
taken to improve the working and living conditions of tenants,
sharecroppers and other categories of agricultural workers.

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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Conventions Nos. 87 and 98


Approximate time: 120 min

The basic ILO standards on freedom of association are the Freedom of


1 Introduction Association and Protection of the Right to Organize Convention, 1948
(No. 87), and the Right to Organize and Collective Bargaining
Convention, 1949 (No. 98).
This activity is designed to:
Familiarize trade unionists with the content of these Conventions
Generate discussion on national practice and legislation, with a view
to securing their effective application and promoting their
ratification (in countries yet to ratify them).

You will find copies of Conventions Nos. 87 and 98 attached.


2 Content Form three groups representing workers, employers and the Ministry
of Labour, respectively, on a national tripartite consultative
commission to advise the government on whether or not to ratify
Conventions 87 and 98.
You have about 60 minutes to prepare your arguments.
Organize the meeting of the tripartite consultative commission.
Each group has 10 minutes to present its conclusions.
A representative from the Ministry of Labour will try to get the three
groups to agree on a common position. The advice presented to the
government will be based on the outcome of this discussion.
You have 60 minutes for this part of the activity.

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.

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Annex to activity No. 1

CONVENTION NO. 87 (1948)


Freedom of Association and Protection of the Right to Organize Convention.

Part 1. Freedom of association

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.

Part 2. Protection of the right to organize

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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CONVENTION NO. 98 (1949)


Right to Organize and Collective Bargaining Convention.
Article 1
1. Workers shall enjoy adequate protection against acts of anti-union
discrimination in respect of their employment.
2. Such protection shall apply more particularly in respect of acts
calculated to:
a) make the employment of a worker subject to the condition that
he shall not join a union or shall relinquish trade union
membership;
b) cause the dismissal of or otherwise prejudice a worker by reason
of union membership or because of participation in union
activities outside working hours or, with the consent of the
employer, within working hours.

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

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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 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.

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Defining a trade union


strategy on international
labour standards
Approximate time: 120 min

Each trade union organization should set up a department to deal with


1 Introduction matters related to international labour standards. This department
should monitor ratification and application of the standards in its
country, to enable trade unions better to define a national policy with
regard to them.
The aim of this activity is to devise a national strategy to promote
the ratification and application of international labour
standards.

Check whether your country has ratified the Conventions on basic


2 Content human rights (Conventions Nos. 87, 98, 100, 111, 29, 105 and 138).
You have access to a copy of the summaries of the principal standards,
and a ratification table is attached hereto.
You will be divided into groups that will act as the person in charge of
the trade union department dealing with international labour
standards.
Each groups task is to draw up a document:
on how the Conventions on human rights that have been ratified
are being applied and, if there are problems in their application, on
a trade union strategy to overcome such problems;
on a trade union strategy to promote the ratification of those
Conventions on basic human rights that have not yet been ratified.
The document should mention the various countries of origin of the
participants.

You will be asked to present your conclusions on a visual aid to a


3 Progress plenary session.
report Appoint one person in your group to make the presentation. After the
presentation, there will be a discussion of points raised.

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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.

Participants should be split into groups with no more than 5 people in


2 Content each. Each group is to appoint a reporter who will put the key points
emerging from the groupwork on to a visual aid (flip chart or
transparency).
Read the full texts of the Equal Remuneration Convention, 1951 (No.
100), and the Equal Remuneration Recommendation, 1951 (No. 90).
Consult the ratification table for Convention No. 100 to see whether
the countries of the members of your group have ratified it.
Discuss the following questions with the group:
Why are the principles laid down in Convention No. 100
fundamental for enabling women to achieve recognition within
society as equal partners with men?
What does the concept of work of equal value mean, and how
does it differ from that of equal work?
Is the principle of equal remuneration for work of equal value
applied in your country (for example, laws, national statutes, official
or recognised bodies in charge of determining wages, collective
agreements between employers and workers in each occupational
sector)? Give examples.
Is this principle applied to all payments included in the definition
which the Convention gives to the term remuneration (Article
1.a)? If not, what measures should be taken to extend its
application?
Have practical measures been taken in your country or region to
reduced sex-based discrimination in remuneration? (For example, by
raising rates applied to lower-paid workers).

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Do you think that, in practice, the rates of remuneration fixed by the


relevant authorities or by the parties to collective agreements in
your country or region establish direct or indirect sex-based
discrimination? Give examples.
How are rates of remuneration set in your country? Through task
assessment? According to which criteria? Are these criteria objective
or are they unfavourable to women (for instance, by attaching more
importance to strength than to dexterity)? Draw up a list of factors
that should be used to ensure equitable remuneration for men and
women.
What are the principle means of exposing cases of discrimination in
remuneration?
In your opinion, what are the main obstacles to the ratification or
application of Convention No. 100 in your country or region?
What is your organization doing to promote the ratification or the
application of Convention No. 100, and what are the main obstacles
it has met in this regard?
Which of the measures listed in Recommendation No. 90 (clause 6),
has your country taken to increase the productive efficiency of
women workers and to facilitate the application of the principle?
What role can trade unions, work inspectors, womens organizations,
committees and individuals play in ensuring respect for the
principle?
Do you know any cases of discrimination in remuneration that have
been brought to the attention of the local authorities or the ILO?
What measures should be adopted to overcome the obstacles
identified, on the part of:
- your government?
- employers organizations, workers organizations, womens
associations and groups, and machinery for the advancement of
women existing in your country?
- the organization to which you belong?
- the ILO?

You will be asked to present your conclusions on a visual aid to a


3 Progress plenary session.
report

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Paid educational leave


Approximate time: 120 min

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.

You will find attached a copy of the Paid Educational Leave


2 Content Convention, 1974 (No. 140).
Form small groups to discuss the following points:
How would you define the term paid educational leave?
In the context of your own trade union experience, which workers
should have the right to paid educational leave? Should priority be
given to certain categories of workers?
What forms or types of trade union training activity should paid
educational leave cover?
How should paid educational leave be financed?
How long can one reasonably allow a worker to undergo trade
union training within the framework of paid educational leave?
What are the main problems to overcome in introducing paid
educational leave in your national or sectorial context?

You will be asked to present your conclusions on a visual aid to a


3 Progress plenary session.
report Appoint one person in your group to make the presentation. After the
presentation, there will be a discussion of points raised.

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Annex to activity No. 4

CONVENTION NO. 140 (1974)


Paid Educational Leave Convention.
Article 1
In this Convention, the term paid educational leave means leave
granted to a worker for educational purposes for a specified period
during working hours, with adequate financial entitlements.

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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List of supporting material


TR No. 1: Standards concerning fundamental social rights
Visual aids TR No. 2: Convention No. 87
TR No. 3: Convention No. 98
TR No. 4: Convention No. 141
TR No. 5: Convention No. 135
TR No. 6: Convention No. 151
TR No. 7: Conventions Nos. 29 and 105
TR No. 8: Convention No. 100
TR No. 9: Convention No. 111
TR No. 10: Convention No. 156
TR No. 11: Ratification of Conventions concerning fundamental social rights
TR No. 12: Employment
TR No. 13: Convention No. 122
TR No. 14: Convention No. 88
TR No. 15: Convention No. 142
TR No. 16: Convention No. 159
TR No. 17: Convention No. 158
TR No. 18: Convention No. 117
TR No. 19: Recommendation No. 127
TR No. 20: Convention No. 150
TR No. 21: Convention No. 81
TR No. 22: Convention No. 129
TR No. 23: Convention No. 160
TR No. 24: Convention No. 144
TR No. 25: Convention No. 154
TR No. 26: Convention No. 131
TR No. 27: Convention No. 94
TR No. 28: Convention No. 95
TR No. 29: Hours of work, weekly rest and paid leave
TR No. 30: Convention No. 47
TR No. 31: Occupational safety and health
TR No. 32: Convention No. 13
TR No. 33: Convention No. 115
TR No. 34: Convention No. 136
TR No. 35: Convention No. 139
TR No. 36: Convention No. 162
TR No. 37: Convention No. 170
TR No. 38: Convention No. 119
TR No. 39: Convention No. 127
TR No. 40: Convention No. 148
TR No. 41: Convention No. 120
TR No. 42: Convention No. 167

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TR No. 43: Convention No. 27


TR No. 44: Convention No. 152
TR No. 45: Social security
TR No. 46: Standards concerning the employment of women, children and
young persons
TR No. 47: Convention No. 138
TR No. 48: Minimum age
TR No. 49: Children at school, not at work
TR No. 50: Migrant workers
TR No. 51: Indigenous peoples and workers in non-metropolitan territories
TR No. 52 and No. 52bis: Other special categories of workers

Activities No. 1: Conventions Nos. 87 and 98


No. 2: Defining a trade union strategy on international labour standards
No. 3: Equal remuneration
No. 4: Paid educational leave

Contained in the pack:


Supporting
documents International Labour Standards, Workers Education Manual, chapter
4
Handbook of Procedures Relating to International Labour
Conventions and Recommendations, Geneva, 1998.
Ratification table

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.

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International Labour Office
Geneva
International Training Centre
of the ILO - Turin

5 Transparencies

Purpose and content of standards

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Standards concerning fundamental social rights

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

FREEDOM FROM FORCED LABOUR


C.29 C.105
Forced Labour, 1930 Abolition of Forced Labour, 1957

FREEDOM FROM DISCRIMINATION


C.100 C.111
Equal Remuneration, 1951 Discrimination (Employment
and Occupation), 1958

MINIMUM AGE OF ADMISSION TO EMPLOYMENT


C.138 C.182
Minimum Age, 1973 Most Intolerable Forms
of Child Labour, 1999

Transparency 5.1

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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

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C.98

RIGHT TO ORGANIZE AND


COLLECTIVE BARGAINING,
1949
Protection of workers who are
exercising the right to organize

Non-interference between
workers organizations
and employers organizations

Promotion of voluntary
collective bargaining

Transparency 5.3

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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

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C.135

WORKERS
REPRESENTATIVES, 1971

Protection against any prejudicial


act based on their status

Protection of their union


membership and their
participation in union activities

Facilities shall be afforded


to enable them to carry out
their functions

Transparency 5.5

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C.151

LABOUR RELATIONS
(PUBLIC SERVICE), 1978

Protection of public employees


exercising the right to organize

Protection against any interference


by public authorities

Enjoyment of civil and


political rights

Encouragement and promotion of


negotiation of conditions of employment

Transparency 5.6

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Forced Labour

C.29

FORCED LABOUR, 1930

C.105

ABOLITION OF FORCED LABOUR, 1957

Transparency 5.7

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C.100

EQUAL
REMUNERATION,
1951
Equal remuneration
for men and women
for work of equal value

Transparency 5.8

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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

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C.156

WORKERS WITH FAMILY


RESPONSIBILITES,
1981
To create effective
equality of opportunity
and treatment for men and women
workers with family responsibilities

Transparency 5.10

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Ratification of conventions concerning


fundamental social rights as of February 1999

Number of
ratifications Conventions
124 No 87 Freedom of Association and
Protection of the Right to Organize, 1948

141 No 98 Right to Organize and Collective


Bargaining, 1949

150 No 29 Forced Labour, 1930


139 No 105 Abolition of Forced Labour, 1957
132 No 111 Discrimination (Employment
and Occupation), 1958

139 No 100 Equal Remuneration, 1951


72 No 138 Minimum Age, 1973
No 182 Prohibition and immediate
elimination of the worst forms
of child labour

Transparency 5.11

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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

VOCATIONAL GUIDANCE AND TRAINING:


Convention n 142:
Human Resources Development, 1975

REHABILITATION AND EMPLOYMENT


OF DISABLED PERSONS:
Convention n 159: Vocational Rehabilitation
and Employment (Disabled Persons), 1983

EMPLOYMENT SECURITY:
Convention n 158: Termination of Employment, 1982

Transparency 5.12

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C.122

EMPLOYMENT POLICY, 1964

Objective: full, productive


and freely chosen employment.

Transparency 5.13

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C.88

EMPLOYMENT SERVICE, 1948

Free public employment service

The functions of a state employment


service and the
measures such
a service should take

Transparency 5.14

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C.142

HUMAN
RESOURCES
DEVELOPMENT,
1975

Development of policies
and programmes
of vocational guidance
and training closely linked
with employment.

Transparency 5.15

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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

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C. 158

TERMINATION OF
Protects against termination EMPLOYMENT,
of employment without valid reason 1982
Establishes the principle
of explaining
termination
of employment

Goes on to list the


reasons which are
not valid grounds for
termination of
employment

Transparency 5.17

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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

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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

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C.150

LABOUR ADMINISTRATION, 1978

The establishment of an effective


labour administration
with the participation
of employers and workers
and their organizations

Transparency 5.20

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Labour inspection
C.81 (1947) + protocol (1995)

International labour standards:

INSPECTION OF WORKPLACES TO:


ensure the enforcement of legal provisions
advise employers and workers
provide information for the labour administration

Technical cooperation:

organization and functioning of inspection services


evaluation of the effectiveness of inspections
training of inspectors
reports, documentation, database
assistance in implementing Convention No. 81
revision of specific laws

Transparency 5.21

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C. 129

LABOUR INSPECTION
(AGRICULTURE), 1969

Secures, by regular inspection of workplaces,


the enforcement of legal provisions for the protection
of workers in agricultural undertakings

Deals with the organization and functioning


of inspection services

Defines the functions of labour inspectors

Contains certain innovations which take into account the special


characteristics of the agricultural sector

Transparency 5.22

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C.160

LABOUR STATISTICS, 1985

Maintenance of regular series


of labour statistics
The subjects to cover
progressively include:
economically active population, employment,
unemployment, under-employment
structure and distribution of the economically
active population
average earnings, wage rates, hours of work
wages
labour costs
consumer price indices
household or family expenditure and income
occupational injuries and diseases
industrial disputes

Transparency 5.23

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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.

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C.154

COLLECTIVE BARGAINING, 1981

Promotes free and voluntary


collective bargaining

Applies to all branches


of economic activity

Provides that measures adapted


to national conditions
shall be taken
to promote collective bargaining

Provides for prior consultation


of the organizations of employers
and workers

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C. 131

MINIMUM WAGE FIXING, 1970

Protection against excessively


low wages

Protection of all groups of wage earners

Minimum wages shall have the force of law,


backed by sanctions

Regular adjustment to the cost of living

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C.94

LABOUR CLAUSES (PUBLIC CONTRACTS), 1949

GENERAL PRINCIPLES:
to ensure minimum labour standards
in the execution of public contracts

such contracts shall contain


clauses ensuring:

that wages are paid


that conditions of labour are not less
favourable than those established
by legislation, agreements
or current practice

sanctions are provided for

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C.95

PROTECTION OF WAGES, 1949

In general, protection against practices


which might make workers unduly
dependent on their employer

Full and prompt payment of wages


Wages shall normally be paid directly
to the worker concerned
(and without delay)

Goods at works stores shall


be sold at fair
and reasonable prices

Applies to all persons to whom wages


are paid or payable

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Hours of work, weekly rest and paid leave

C.1 hours of work (industry), 1919

C.30 hours of work


(commerce and offices), 1930

C.47 forty-hour week, 1935

R.116 reduction of hours of work, 1962

C.171 night work, 1990

C.14 weekly rest (industry), 1921

C.106 weekly rest


(commerce and offices), 1957

C.132 paid leave (revised), 1970

C.140 paid educational leave, 1974

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C. 47

FORTY-HOUR WEEK, 1935

Principle that the working week


be reduced to forty hours with
no reduction in the workers
standard of living

Adoption or encouragement
of measures deemed appropriate
for achieving that aim

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Occupational safety and health

1. NATIONAL POLICY AND ACTION


C.155 Occupational Safety and Health, 1981
R.164 Occupational Safety and Health, 1981
C.161 Occupational Health Services, 1985
R.171 Occupational Health Services, 1985

2. PROTECTION AGAINST SPECIFIC RISKS


(chemicals, occupational cancer,
dangerous machinery, air pollution, etc.)

3. PROTECTION IN GIVEN BRANCHES


OF ECONOMICAL ACTIVITIES

4. MEDICAL EXAMINATION FOR YOUNG PERSONS


5. SEAFARERS

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C.13

WHITE LEAD (PAINTING), 1921

Prevention of lead poisoning,


an illness caused by
sulphates of lead
and white lead in particular

The use of white lead,


sulphate of lead and all
products containing these
pigments is prohibited in
the internal painting
of buildings

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C.115

RADIATION
PROTECTION,
1960

Protection of workers
against ionizing radiations

No worker under the age


of 16 shall be engaged
in work involving
ionizing radiations

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C.136

BENZENE, 1971

Protection against the hazards


of poisoning arising from benzene

Applies to all activities involving


the exposure of workers to benzene
and to products whose benzene
content exceeds 1 per cent by volume

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C.139

OCCUPATIONAL
CANCER
1974
PREVENTION OF
OCCUPATIONAL CANCER

OBLIGATION FOR THE STATE:

1. To determine periodically
the carcinogenic substances
and agents to which occupational
exposure shall be prohibited or regulated

2. To prescribe protective measures

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C.162

ASBESTOS, 1986

Prevention of occupational
hazards due to asbestos

Applies to all activities involving


the exposure of workers to asbestos
in the course of work

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
against such risks

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C. 170

CHEMICALS, 1990

To prevent chemically
induced illnesses
and injuries at work

To reduce their incidence

Applies to all branches


of economic activity in which
chemicals are used

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C.119

GUARDING OF MACHINERY, 1983

The prevention of hazards to workers


arising out of moving parts
of machinery

Applies to all power-driven


machinery, new or second-hand

The obligation
of employers
to inform workers
about dangers
in the use
of machinery

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C.127

MAXIMUM WEIGHT, 1967

protection of workers
against hazards
arising out
of the weight of loads

establishes the general


principle that no worker
shall be required
or permitted to engage
in the manual transport
of a load which,
by reason of its weight,
is likely to jeopardize
his or her health
or safety

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C.148

WORKING ENVIRONMENT
(AIR POLLUTION,
NOISE AND VIBRATION),
1977

To keep the working


environment as free as possible
from any hazard due
to air pollution,
noise or vibration

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C. 120

HYGIENE (COMMERCE AND OFFICES), 1964

The respect of elementary


hygiene measures in all
commercial and administrative
establishments

All commercial and


administrative premises
used by workers
shall be properly
maintained and kept clean

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C.167

SAFETY AND HEALTH


IN CONSTRUCTION, 1988

To ensure
safety
and health
in construction

Applies to
all construction
activities, from
the preparation
of the site
to the completion
of the project

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C.27

MARKING OF WEIGHT (PACKAGES


TRANSPORTED BY VESSELS), 1929

Marking of weights of 1, 000 kg


or more on packages transported
by sea or inland waterway

National legislation shall assign


the obligation for marking

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C.152

OCCUPATIONAL SAFETY
AND HEALTH (DOCK WORK), 1979

Protection of dock workers


Describes in detailed
and in a very practical fashion
the measures to be taken
as regards dock work
to protect workers engaged
in such operations
from any risk of accident
or injury to health

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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

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Standards concerning the employment of women,


children and young persons
C.3 maternity protection, 1919

C.103 maternity protection (revised), 1952


C.45 underground work, (women) 1935
C.89 night work, (women) (revised), 1948,
and protocol, 1990
C.138 minimum age, 1973
C.79 night work of young persons
(non-industrial occupations), 1946
C.90 night work of young persons
(industry) (revised), 1948
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

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C.138/C.182

MINIMUM AGE, 1973

PROHIBITION OF THE WORST


FORMS OF CHILD LABOUR, 1999

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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

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Children at school, not at 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 WORST FORMS
OF CHILD LABOUR
This is the subject
of a proposed (short)
Convention to be submitted
to the International
Labour Conference
in 1999.

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Migrant workers

THE PRINCIPAL STANDARDS ADOPTED


CONCERNING MIGRANT WORKERS ARE AS FOLLOWS:

Migration for Employment Convention (No. 97) and


Recommendation (No.86) , 1949.

Protection of Migrant Workers (Underdeveloped Countries)


Recommendation, 1955 (No. 100).
Migrant Workers (Supplementary Provisions)
Convention, 1975 (No. 143).

Migrant Workers Recommendation, 1975 (No. 151).

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Indigenous peoples and workers in non-metropolitan territories


THE PRINCIPLE STANDARDS ON INDIGENOUS PEOPLES
AND WORKERS IN NON-METROPOLITAN TERRITORIES
ARE GROUPED AS FOLLOWS:

1 Indigenous and tribal peoples

Indigenous and Tribal Populations Convention (No. 107)


and Recommendation (No. 104), 1957.

Indigenous and Tribal People Convention, 1989 (No. 169).

2 Workers in Non-Metropolitan Territories

Social Policy in Dependent Territories Recommendation, 1944 (No. 70).


Social Policy in Dependent Territories Recommendation
(Supplementary Provisions), 1945 (No. 74).
Social Policy (Non-Metropolitan Territories) Convention, 1947 (No. 82).
Right of Association (Non-Metropolitan Territories) Convention, 1947 (No. 84).
Labour Inspection (Non-Metropolitan Territories) Convention, 1947 (No. 85).

Labour Standards (Non-Metropolitan Territories) Convention, 1947 (No. 83).

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Other special categories of workers (1)

The main standards concerning special categories


of workers are grouped as follows:

A. SEAFARERS

National Seamens Codes Recommendation, 1920 (No. 9).


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).
Merchant Shipping (Improvement of Standards) Recommendation, 1976 (No. 155).

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).

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Other special categories of workers (2)

The main standards concerning special categories


of workers are grouped as follows:

C. INLAND WATERWAYS

Hours of Work (Inland Waterways) Convention, 1920 (No. 8).

D. DOCK WORKERS

Dock Work Convention (No. 137) and Recommendation (No. 145), 1973.

E. PLANTATIONS

Plantations Convention, 1958 (No. 110) [and Protocol, 1982].


Plantations Recommendation, 1958 (No. 110).

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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

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6
364

365

367
Contents
Objectives

Proposed training strategy

Procedure of setting, submission, ratification, denunciation


and revision of international labour standards
1. Standard setting
a. Placing an item on the Conference agenda
b. Double-discussion procedure
c. Single-discussion procedure
2. Submission
3. Ratification
4. Denunciation
5. Revision

372 Activities
1. Procedure for adopting international labour standards
2. The adoption procedure

375 List of supporting material

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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.

Participants will in particular be able to:


Specific
objectives identify the principal stages in the procedure of setting, submission,
ratification, denunciation and revision of international labour
standards;
describe the role of employers and workers organisations in the
procedure of setting, submission, ratification, denunciation and
revision of international labour standards.

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Proposed training strategy


b ACTIVITIES TEACHING
METHODS
TEACHING
MATERIAL
TIME

1 Present the general objective and


the specific objectives of part 6.
Presentation Flip chart 10 mn

2 Present the teaching unit:


The procedure of setting,
submission, ratification, denunciation
Presentation
and discussion
60 mn

and revision of standards:


- Background to the problem
- Placing an item on the TR D
1
International Labour
Conference agenda
- Double-discussion procedure TR D
1
and preparatory reports
- Single-discussion procedure
- Submission TR D
2 D
3
- Ratification, denunciation, TR D
2
revision

3 Present and hand out activity No. 1:


The procedure of adopting
international labour standards.
Work group Flip chart 60 mn

4 Present and hand out activity No. 2:


The adoption procedure.
Work group Flip chart 60 mn

5 Summary and trainers final


conclusion.
Guided discussion Flip chart 10 mn

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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.

Background to the In most cases a standard generally develops when a problem is


problem perceived by workers on the job, and consequently by their trade union
organisation.
The problem may be any situation or issue that directly or
indirectly concerns the protection and welfare of workers, improving
their living and working conditions or even developing real industrial
relations. Avoidable risks from inadequate guarding of machinery,
protection against various occupational diseases, the protection of
workers representatives against intimidation due to their trade union
activities, unemployment and child labour, for example, are some of
the problems to be resolved.

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Placing an item on the agenda of the International


Labour Conference
Placing an item on Once the problem has been identified the first stage in adopting a
the agenda of the Convention or Recommendation is to place the item on the agenda of
International Labour
Conference the International Labour Conference. The Governing Body establishes
(TR 6.1) the Conference agenda and determines the items to be placed on it,
Adoption of Conventions and Recommendations
based on proposals tabled by the Director-General.
The Conference itself may, on a two-thirds majority, decide to
A PROBLEM IS IDENTIFIED AT NATIONAL AND INTERNATIONAL LEVEL

The Governing
Body places
The Office prepares and submits
a report on law and practice Comments
of governments,
the question on
employers

include an item on the agenda of the following session.


the Conference The Office analyses comments
and workers
agenda and prepares draft conclusions

INTERNATIONAL First discussion


G

In deciding to place items on the Conference agenda the


LABOUR by a special tripartite
CONFERENCE E W Committee

The Office submits a summary


of the discussion and a draft instrument Comments

Governing Body must consider suggestions from governments,


of governments,
The Office prepares a revised
employers
and workers
draft instrument

employers and workers organisations or from any public


INTERNATIONAL Final discussion
G
LABOUR by a special tripartite
CONFERENCE E W
Committee

Adoption by the Conference


with a two-thirds majority

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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number of votes of each group is weighted to ensure equality between


representatives of governments, employers and workers, makes the
amendments to the texts its members consider necessary. On the basis
of this revised text the Conference adopts the conclusions and decides
either to place the item on the agenda of the following session or to ask
the Governing Body to place the question on the agenda of a later
session.
Draft instrument After this first examination by the Conference the Office drafts
the provisional text of the Convention and/or Recommendation (draft
instrument) and sends it to governments in the two months following
the end of the Conference session. Governments have three months to
submit amendments or make other suggestions. They must again
consult the workers and employers organisations (this is an obligation
when they have ratified Convention No. 144).
Final report On the basis of further government replies the Office then
prepares a final report containing the (amended) texts of the
Conventions or Recommendations, which are again sent to
governments at least three months before the following session of the
Conference. They are also normally sent to the trade union
organisations.
Adoption The report of the Conference Tripartite Committee is submitted to
a plenary session of the Conference for adoption, and the drafts thus
adopted are referred to the Drafting Committee for preparation of the
final text. Texts of instruments approved by the Drafting Committee are
submitted to the Conference for a final vote on their adoption under
article 19 of the Constitution (the majority required is 2/3 of the
delegates present at the Conference).
If it rejects a Convention contained in a committee report the
Conference may refer it again to the Conference Tripartite Committee
for transformation into a Recommendation.
If a Convention fails on a final vote to obtain the necessary two
thirds majority of the votes required for its adoption but does obtain a
simple majority, the Conference decides whether to refer it to the
Drafting Committee to be transformed into a Recommendation.

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.

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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

There is no obligation to ratify a Convention


Recommendations before the competent authorities governments are
Ratifications are registered and all Member
States receive notification,
as does the Secretary-General of the United Nations
free to determine the nature of the proposals to be made. Convention
Unratified instruments continue to provide
useful guidance
No. 144, however, envisages consultations with employers and
workers organisations before submitting proposals.
The submission

The employers and workers organisations


Proposals should be submitted to the competent authorities in the
1

2
Text sent to Member States and national
employers and workers organisations

Submission to the national authorities


12 months following the end of the session of the Conference which
adopted the instruments concerned. In exceptional circumstances this
within 12(18) months

3 Consultation of employers and workers


organisations on the nature of suggestions
to be made to the authorities with the power to legislate

4 Obligation to produce a report for the Director-General


of the ILO on: measures taken within the framework
of submission, decisions of the competent authority
time limit can be extended to 18 months.
and comments received from employers

5
and workers organisations

Communication of the report to employers


and workers organisations
Given that the aim of article 19 is to encourage an appropriate
examination of instruments by the competent national authorities, the
submission of Conventions and Recommendations should always be
accompanied by a report outlining the opinion of governments
regarding the decisions to be taken to enact the standards.
The Member States must inform the Director-General of the ILO
of the measures taken to bring the Conventions and Recommendations
before the competent authorities.

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

Member States must inform the ILO


whose competence the matter lies, it will communicate the formal
ratification of the Convention to the Director-General and will take
of the measures taken to bring the instruments
before the competent bodies

There is no obligation to ratify a Convention


Ratifications are registered and all Member
States receive notification,
such action as may be necessary to make effective the provisions of
as does the Secretary-General of the United Nations

Unratified instruments continue to provide


useful guidance
such Convention.
It should be noted that a ratification cannot involve reservations.
In other words, a government is not authorised to choose at will the
articles of a Convention it undertakes to apply. On the other hand,
some Conventions envisage certain exclusions or exceptions or possible
choices. In such cases it is often specified that if the ratifying State
wishes to insist upon these provisions it must do so in a declaration
accompanying the ratification.
On receipt the ratifications of international labour Conventions
are registered by the Director-General, notified to all Member States of
the Organisation, communicated to the Secretary-General of the United
Nations and published in the ILO Official Bulletin.

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Before becoming binding for a ratifying State a Convention must


come into force. ILO Conventions normally come into force 12 months
after registration of the second ratification and afterwards for each
ratifying State 12 months after its ratification (some Conventions,
notably maritime, require a greater number of ratifications before they
initially come into force).

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.

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Procedure for adopting


international labour standards
Approximate time: 60 min

This activity is designed to analyse the different stages in adopting


1 Introduction international labour standards and to reinforce the role of trade union
organisations in this procedure.

Form small work groups.


2 Content Reconstruct the logical sequence of the procedure for adopting
international labour standards on a flip chart, explaining
the transfer from one stage to another and highlight the role of
trade union organisations in this procedure.

Each reporter will present the sequence agreed by their group to the
3 Progress plenary.
report

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The adoption procedure


Approximate time: 60 min

The procedure for adopting an international labour standard


1 Introduction (Convention or Recommendation) develops over a period of two years.
The workers organisations play an important and often crucial role in
this procedure.
This exercise is designed to reinforce the contribution of trade union
organisations, represented by the participants, in the mechanism of
adopting international labour standards.

Form work groups.


2 Content After analysing the procedure for adopting international labour
standards and defining the role that must be played by the different
workers organisations, each group must present the national
experience in this area, explaining in particular the type of co-
operation their respective organisation develops with the government
and with employers organisations.
You should also indicate what measures you think are likely to improve
such co-operation in the procedure for adopting international labour
standards.

The reporters of each group will present the results of the activity to
3 Progress the plenary.
report

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List of supporting material


TR No. 6.1 Adoption of Conventions and Recommendations
Visual aids TR No. 6.2 Submission and ratification by Member States
TR No. 6.3 Submission

No. 1 Procedure for adopting international labour standards


Activities No. 2 The adoption procedure

Contained in the pack:


Supporting
documents International labour standards, Workers Education Manual,
Chapters 3 and 5
Handbook of procedures relating to international labour
Conventions and Recommendations, Geneva, 1998, parts 1,2 and 3
List of ratifications

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

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International Labour Office
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International Training Centre
of the ILO - Turin

6 Transparencies
The procedure
of setting, submission, ratification,
denunciation and revision of
international labour standards

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Adoption of Conventions and Recommendations


A PROBLEM IS IDENTIFIED AT NATIONAL AND INTERNATIONAL LEVEL

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

INTERNATIONAL First discussion


G
LABOUR by a special tripartite
CONFERENCE E W Committee

The Office submits a summary


of the discussion and a draft instrument Comments
of governments,
The Office prepares a revised
employers
and workers
draft instrument

INTERNATIONAL Final discussion


G
LABOUR by a special tripartite
CONFERENCE E W Committee

Adoption by the Conference


with a two-thirds majority

Transparency 6.1

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Submission and ratification by Member States

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
their adoption

Member States must inform the ILO


of the measures taken to bring the instruments
before the competent bodies

There is no obligation to ratify a Convention


Ratifications are registered and all Member
States receive notification,
as does the Secretary-General of the United Nations

Unratified instruments continue to provide


useful guidance

Transparency 6.2

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The submission

The employers and workers organisations

1 Text sent to Member States and national


employers and workers organisations

2 Submission to the national authorities


within 12(18) months

3 Consultation of employers and workers


organisations on the nature of suggestions
to be made to the authorities with the power to legislate

4 Obligation to produce a report for the Director-General


of the ILO on: measures taken within the framework
of submission, decisions of the competent authority
and comments received from employers
and workers organisations

5 Communication of the report to employers


and workers organisations

Transparency 6.3

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7 Application of
standards:
regular supervisory
machinery

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388

389

391
391
Contents
Objectives

Proposed training strategy

Application of standards: regular supervisory machinery


1. Reports on ratified Conventions
a. System of sending reports
b. Content of detailed reports
c. Content of simplified reports
d. Consultation of employers and workers organisations
e. Summary
397 2. Reports on unratified instruments
398 3. The Committee of Experts
a. Composition, fundamental principles and terms of reference
b. Comments of employers and workers organisations
c. Report of the Committee of Experts
400 4. Conference Committee on the Application of Standards
a. Terms of reference of the Committee
b. Organisation of the Committees work
c. Documents before the Committee
d. General discussion
e. Consideration of individual cases

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

405 List of supporting material

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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.

They will in particular be able to:


Specific
objectives identify the provisions of the ILO Constitution concerning regular
supervision;
analyse the procedure relating to the system of sending reports;
identify the key points in preparing detailed reports and simplified
reports;
identify the role the workers organisations may play in the regular
supervisory machinery;
draft the comments of the workers organisations;
describe the composition and terms of reference of the Committee of
Experts and the Conference Committee on the Application of
Standards;
express how workers organisations may participate in following up
and supervising the application of international standards in national
law and practice and in improving workers living and working
conditions.

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Proposed training strategy


b SEQUENCES TEACHING
METHODS
TEACHING
MATERIAL
TIME

1 Present the general objective and the


specific objectives of part 7: Application
of standards: regular supervisory machinery
Presentation 10 mn

2 Present the following points of this


teaching unit:
Regular supervisory machinery
Presentation and
discussion
TR D
1
30 mn

Reports on ratified Conventions D


TR 2
3
4
5

6
7
Reports on unratified instruments
Committee of Experts TR D 8
9
Comments of employers and TR D
10
workers organisations
Report of the Committee of Experts TR D
11
General survey TR D
12
The Conference Committee on the TR D
13
14
Application of Standards

3 Present and hand out activity No. 1:


System for supervising the application
of international labour standards:
Work group Flip chart 60 mn

regular supervision and/or


activity No. 2: Regular supervision of Work group Flip chart 90 mn
the application of standards:
observations of workers organisations.

Summary and trainers final Guided discussion Flip chart 10 mn


4 conclusion

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Application of
standards:
regular supervisory
machinery

Regular supervisory One of the distinctive features of international labour


machinery Conventions is that they are international treaties but they essentially
(TR 7.1) concern matters which for many years were considered to fall
Supervisory machinery exclusively within the competence of each State. The instruments thus
Government reports
Employers and workers comments
adopted since 1919 by the International Labour Conference are novel

Committee of Experts on the Application


of Conventions and Recommendations
in that in the case of ratification they oblige sovereign states to

Direct requests sent Observations published


to governments in report III (4A)
guarantee their own citizens and foreign residents certain social, labour

Tripartite Conference Committee

or human rights.

G
E W

The purpose of this chapter is to analyse the regular supervisory


Reports submitted to the


International Labour Conference

procedure thanks to which the ILO ensures that Member States comply
with their obligations.

Reports on ratified Conventions


Reports on ratified Article 22 of the Constitution stipulates the following:
Conventions Each of the Members agrees to make an annual report to the International Labour
(TR 7.2) Office on the measures it has taken to give effect to the provisions of Conventions
Reports on ratified conventions (1)
OBLIGATION TO DRAFT A REPORT
to which it is a party. These reports shall be made in such form and shall contain
ARTICLE 22 OF
THE CONSTITUTION
such particulars as the Governing Body may request.
OF THE ILO:

Each of the Members agrees


The Office asks for reports on the application of ratified
to make an annual report
to the International Labour Office
on the measures which it has taken
to give effect to the provisions
Conventions by a letter sent to governments each February. Copies of
of Conventions to which it is a party.
These reports shall be made in such form
and shall contain such particulars as
the Governing Body may request
the requests for reports are also sent to national employers and
workers organisations.

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System of sending reports


System of sending In November 1993 the Governing Body modified the system of
reports sending reports to come into force in 1996 for a trial period of five
(TR 7.3) years, except for the most important Conventions. This system is as
Reports on ratified Conventions (2)
LIST OF YEARS FOR WHICH A REPORT IS DUE
follows:
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
1996 1997 1998 1999 2000
10 3 1 4 6
13 7 2 11 14
16 9 5 12 22
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

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

First and second reports


First and second A first detailed report (for the content of a detailed report, see
reports below) is requested in the year following that in which a Convention
comes into force in a given country.
A second detailed report is requested two years after the first (or
one year after, if that is the year when a periodic report is in any event
due from all Member States bound by that Convention).

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

Equal treatment and opportunities: No. 100 and 111;


AND OPPORTUNITY

EMPLOYMENT POLICY No. 122

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.

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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

ABOLITION OF FORCED LABOUR


No. 87 and 98

No. 29 and 105


following cases:
EQUAL TREATMENT
AND OPPORTUNITY No. 100 and 111 where the Committee of Experts has made an observation or a
EMPLOYMENT POLICY

LABOUR INSPECTION
No. 122

No. 81 and 129


direct request calling for a reply;
TRIPARTITE CONSULTATION

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

DETAILED IN THE FOLLOWING CASES


when the Committee of Experts, on its own initiative or that of
Request from Committee of Experts
or Conference Committee
the Conference Committee on the Application of Standards, so
on the application of standards
requests;
Article 24 and 26 or Committee on Freedom

when the Committee of Experts is called on to consider the


of Association

Inadequate comments submitted


follow-up to proceedings instituted under articles 24 and 26 of
Continuous absence of reply
the Constitution or before the Committee on Freedom of
Association;
when comments have been received from national or
international employers or workers organisations and the
Committee of Experts considers that a detailed report is
warranted in the light of the governments comments in reply,
or the fact that the government has not replied;
when no report is supplied or no reply is given to comments
made by the supervisory bodies (where there is repeated failure
to reply or the reply is manifestly inadequate, the Committee
of Experts may examine the matter on the basis of available
information).

Exemption from the obligation to report


Exemption from the Subject to the conditions and safeguards laid down by the
obligation to report Governing Body, no reports are requested on Conventions which do
not correspond to present-day needs (the twenty Conventions
currently regarded as falling into this category are numbers 15, 20, 21,
28, 34, 35, 36, 37, 38, 39, 40, 43, 48, 49, 50, 64, 65, 67, 86 and 104.
No reports are requested for Conventions n80, 83 and 116.)

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Content of detailed reports


Content of detailed A detailed report should be submitted in the form approved by
reports the Governing Body for each Convention. The replies should aid in the
(TR 7.6) preparation of information which will enable the supervisory bodies to
Detailed reports
evaluate the manner in which the Convention is applied. The report
GOVERNING BODY FORM
FOR EACH CONVENTION
Laws, regulations, etc.
Permitted exclusions, exceptions or other limitations (article 22)
form includes the following questions, among others:
Implementing the convention: for each article, legislative
or other provisions which give effect to the convention

Constitutional provisions giving force of law to the ratified convention laws and regulations
Replies to comments by the supervisory bodies

permitted exclusions, exceptions or other limitations


Authorities responsible for the application of relevant laws
and regulations and information on their activities

Legal or administrative decisions


General appreciation by the government on the application of the convention
Observations of employers and workers organisations
Communication of copies of reports to employers and workers organisations implementation of the Convention: for each article of the
Convention, the provisions of legislation or other measures
applying it
constitutional provisions giving the Convention the force of law
replies to the comments by the supervisory bodies
authorities responsible for enforcing the relevant laws,
regulations etc. and information on their activities
judicial or administrative decisions
general evaluation of the government on how the Convention
is applied (with supporting statistics)
observations of employers and workers organisations

Content of simplified reports


Content of simplified These reports will contain only the following points:
reports
information on changes occurring in law and practice affecting
(TR 7.7)
the application of the Convention and on the nature and effect
Simplified reports
of such changes;


Laws, regulations

Implementation of the convention


statistical or other information and communications prescribed
Communication of copies
of reports to employers
and workers organisations
by the Convention in question (including information required
Observations of employers
and workers organisations
on any permitted exclusions);
an indication of the employers and workers organisations to
which a copy of the simplified report has been sent;
comments received from employers and workers organisations
to which a copy of the simplified report has been sent.

Consultation of employers and workers


organisations
Article 5(1)(d) of Convention No. 144 and paragraph 5(e) of
Recommendation No. 152 provide for consultation of representatives of
employers and workers organisations on questions arising out of
reports to be made on ratified Conventions.

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Communication of Under article 23, paragraph 2, of the Constitution, copies of all


reports to reports on the application of ratified Conventions should be
employers and
workers communicated to representative organisations of employers and workers.
organisations This may be done either prior to finalisation of the report, inviting
comments which can still be taken into account, or at the same time as
the reports are sent to the Office. In any event, when forwarding their
reports to the ILO, governments should indicate the organisations to
which communication has been made. These organisations may make
any observations they wish on the application of ratified Conventions.
Observations of Observations may be received by a government directly from an
employers and organisation, concerning the implementation of a ratified Convention
workers
organisations or relevant legislation. They may or may not relate specifically to one of
the governments reports. Full details - normally including a copy of the
observations - should be sent in the governments report, together with
the governments response, if any. Observations may alternatively be
received by the Office straight from an organisation: in this case the
Office acknowledges receipt and simultaneously forwards a copy to the
government concerned, so that it may respond.

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.

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Reports on ratified Conventions


List of years in which a report is due
(TR 7.3)
CONVENTIONS FOR WHICH A SIMPLIFIED REPORTS IS
Reports on ratified Conventions (2)
LIST OF YEARS FOR WHICH A REPORT IS DUE
Conventions for which a simplified report is requested every five years
REQUESTED EVERY FIVE YEARS
Every 5 years from Every 5 years from Every 5 years from Every 5 years from Every 5 years from
1996 1997 1998 1999 2000
10
13
16
19
32
33
53
3
7
9
26
58
68
84
1
2
5
8
27
30
44
4
11
12
17
18
41
42
6
14
22
23
24
25
52
Every 5 years Every 5 years Every 5 years Every 5 years Every 5 years
60 91 45 85 55
62 92 47 89 56
69
73
74
102
113
118
123
99
103
110
112
119
120
126
59
63
82
88
96
108
117
121
127
148
149
150
151
154
71
77
78
79
90
94
95
from 1996 from 1997 from 1998 from 1999 from 2000
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

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

PRIORITY CONVENTIONS FOR WHICH A DETAILED


REPORT IS REQUESTED 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

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Reports on unratified instruments


Reports on unratified The Governing Body may request Member States to issue a report
instruments at appropriate intervals on law and practice concerning the questions
dealt with in a Convention, even where the State has not ratified the
Convention. The State concerned is simultaneously called upon to
express any difficulties which might prevent or delay the ratification of
the Convention concerned. At the same time the State may therefore
periodically re-examine the possibility of ratifying certain Conventions
or the application of certain Recommendations.
Similarly Member States may be called upon to report at
appropriate intervals on the position of law and practice in their
respective countries concerning a question dealt with by a
Recommendation.
In practice the Governing Body requests such reports every year
on one or several instruments concerning a particular topic.
Reports received in this way are examined by the Committee of
Experts on the Application of Conventions and Recommendations,
whose conclusions are published annually in the form of general
surveys.
Unratified instruments provide valuable guidance which many
countries follow voluntarily in the absence of a specific obligation.
Report forms The Governing Body has adopted a model questionnaire for
(unratified reports on unratified Conventions and Recommendations, and in
Conventions and
Recommendations) certain cases a special form asking specific questions on the instruments
in question.
Procedures for Letters requesting reports on unratified Conventions and on
requesting reports Recommendations are sent to governments in September each year,
together with the report forms and copies of the instruments
concerned. Copies of the requests are sent to national employers and
workers organisations. By Governing Body decision, reports are
requested for 30 April at the latest. Reminders are sent to governments
which do not transmit their reports by the due date.
Consultation of Paragraph 5(e) of Recommendation No. 152 calls for consultation
employers and of representatives of employers and workers organisations on
workers
organisations questions arising out of reports to be made on unratified Conventions
and on Recommendations. In addition, article 5(1)(c) of Convention
No. 144 and paragraph 5(d) of Recommendation No. 152 provide for
tripartite consultations at appropriate intervals to consider what
measures might be taken to promote implementation and ratification,
as appropriate, of Conventions which have not been ratified and
Recommendations to which effect has not been given.

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Communication of Under article 23, paragraph 2, of the Constitution, governments


reports to have to communicate copies of all reports on unratified Conventions
employers and
workers and on Recommendations to representative organisations of employers
organisations and workers and indicate, when forwarding their reports to the ILO,
the organisations to which communication has been made. These and
any other employers or workers organisations may make any
observations they wish on the subjects in question.
Summaries of Under article 23, paragraph 1, of the Constitution, a summary of
reports reports on unratified Conventions and on Recommendations has to be
laid before the next meeting of the Conference.

The Committee of Experts


The Committee of Government reports are examined initially by the Committee of
Experts Experts on the Application of Conventions and Recommendations. The
Committee meets on dates set by the Governing Body. Meetings
currently take place towards the beginning of December each year.

Composition, fundamental principles and terms of


reference
Composition, Members of the Committee are appointed by the Governing Body
fundamental on the proposal of the Director-General for renewable periods of three
principles and terms
of reference years. Appointments are made in a personal capacity among impartial
(TR 7.8) persons of technical competence and independent standing. Members
(TR 7.9)
are drawn from all parts of the world, so that the Committee may
enjoy first-hand experience of different legal, economic and social
Committee of Experts

T he Committee of Experts examines


systems. The fundamental principles of the Committee are
government reports

M embers of the Committee


are appointed by the Governing Body
independence, impartiality and objectivity in noting the extent to
Members are drawn from all over the world
which the position in each State appears to conform to the terms of the
Conventions and the obligations accepted under the ILO Constitution.
In this spirit the Committee is called upon to examine:
the annual reports under article 22 of the Constitution on the
Texts examined by the Committee of Experts
measures taken by Members to give effect to the provisions of
R eports provided for under article 22 of the Constitution
Reports provided for under article 19 of the Constitution
on submission to the competent authorities of Conventions
Conventions to which they are parties, and the information
and Recommendations adopted by the Conference

Information and reports concerning unratified


Conventions and Recommendations provided
provided by Members concerning the results of inspection.
for under article 19 of the Constitution

Information received by employers


and workers organisations

Information and reports on measures taken


the reports under article 19 of the Constitution on submission
by Members under article 35 of the Constitution

to the competent authorities of the Conventions and


Recommendations adopted by the Conference.
information and reports concerning unratified Conventions and
Recommendations provided for under article 19 of the
Constitution.
information and reports on the measures to be taken by the
Members in accordance with article 35 of the Constitution.

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When it examines the effect given to ratified Conventions, the


Committee of Experts does not have to limit itself to the information
provided by governments.
The documentation available to the Committee includes: the
information supplied by governments in their reports or in the
Conference Committee on the Application of Standards; relevant
legislation, collective agreements and relevant court decisions;
information supplied by States on the results of inspections; comments
of employers and workers organisations; reports of other ILO bodies
(such as commissions of inquiry or the Governing Body Committee on
Freedom of Association); reports on technical co-operation activities;
and reports of other United Nations bodies (e.g., report of the
Commission on Human Rights).

Comments of employers and workers organisations


Comments of Most of the comments of employers and workers organisations
employers and received by the Committee of Experts are forwarded directly to the
workers
organisations Office, which according to the practice established by the Committee
(TR 7.10) communicates them to the governments concerned for comments.
Comments of employers and workers organisations
The comments of workers organisations on the application of
T he comments of employers and workers
organisations received by the Committee of Experts
ratified Conventions and in general on all matters which may be dealt
are forwarded directly by the Office to the governments
concerned for comments
with in government reports are very important. Workers may thus
participate fully in the ILO supervisory machinery, virtually
continuously and at any time, and contribute to the full application of
international labour standards and to the improvement of workers
living and working conditions.

Report of the Committee of Experts


Report of the The Committees report is first submitted to the Governing Body.
Committee of The final conclusions are presented as follows:
Experts
(TR 7.11)
Part one: a general report giving an overview of the Committees
Report of the Committee of Experts

The Committees report is first submitted


work and drawing the attention of the Governing Body, the Conference
to the Governing Body

The Committees report consists


of the following parts:
and Member States to matters of general interest or special concern.
Part one: a general report
Part two: comments concerning certain countries
Part three: a general survey

Part two: observations concerning certain countries focusing on:


the application of ratified Conventions in the Member States;
the application of Conventions in non-metropolitan territories
for whose international relations Member States are
responsible;
submission of Conventions and Recommendations to the
national competent authorities.

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Other comments addressed to certain governments by the


Director-General of the ILO on behalf of the Committee take the form
of direct requests1; these are also sent to the workers and employers
organisations for information.

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.

The Committee of Experts report is published in March and is


immediately sent to governments. Under the constitutional obligations
assumed by all Member States, organisations representative of
employers and workers should be sent a copy.

Conference Committee on the Application


of Standards
Conference The Committee of Experts report is submitted to the International
Committee on the Labour Conference at each of its annual meetings. It is then examined
Application of
Standards and discussed by a specially established tripartite Conference
(TR 7.13) committee: the Committee on the Application of Standards. It is at this
The Conference Committee on the Application of Standards (1)
stage of the ILOs supervisory procedure that the trade union
The Committee of Experts report is submitted
to the International Labour Conference
representatives play their most important role, since they may raise any
It is examined and discussed by a tripartite Conference
Committee specially established for this purpose

The Committee elects a chair and two vice-chairs,


matters relating to the discharge of standards-related obligations.
The Committee elects a chair and two vice-chairs, each chosen
each chosen from the three groups, and a reporter

from one of the three groups, and a reporter.


It should be noted that the groups are weighted so as to give
equal strength to each of them.

Terms of reference of the Committee


The Committee has to examine:
the measures taken by Members to give effect to the provisions
of Conventions to which they are parties, and the information
furnished by Members concerning the results of inspections;

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.

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the information and reports concerning Conventions and


Recommendations communicated by Members in accordance
with article 19 of the Constitution (on submission and on
unratified Conventions and Recommendations);
the measures taken by Members under article 35 of the
Constitution.
The Committee has to submit a report to the Conference.

Organisation of the Committees work


Following the independent technical examination of documents
carried out by the Committee of Experts, the proceedings of the
Conference Committee present an opportunity for representatives of
governments, employers and workers to meet and review the manner
in which States are discharging their obligations under and relating to
Conventions and Recommendations. Governments are able to amplify
information previously supplied, indicate further measures proposed,
draw attention to difficulties met with in discharging their obligations,
and seek guidance as to how to overcome such difficulties.

Documents before the Committee


Documents before The Committee has to consider Report III, Parts 1, 2 and 3, in
the Committee which the reports and information submitted by governments are
(TR 7.14) summarised, and Parts 4A and 4B, which consist of the Committee of
The Conference Committee on the Application of Standards (2)
Experts report. It also takes note of documents containing the
The Committee examines:

the measures taken by Members to give


effect to Conventions,
and the information provided
substance of written replies to observations of the Committee of
by Members concerning the results of inspections

information and reports on unratified Conventions


and Recommendations communicated
by Members, in accordance with article 19
Experts and supplementary information received by the Office since the
meeting of the Committee of Experts.
of the Constitution

the measures taken by Members under article 35


of the Constitution

individual cases

The Committee must submit a report


to the Conference

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).

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Consideration of individual cases


The officials of the Committee prepare a list of observations
contained in the Committee of Experts report in respect of
which it considers it desirable to invite governments to supply
information to the Committee. The list is submitted to the
Committee for approval.
Governments addressed by the observations in the approved
list have a further opportunity to submit written replies, the
substance of which will appear in a document for the
information of the Committee. The latter may then decide
whether or not it wishes to receive supplementary oral
information from a representative of the government
concerned.
The Committee invites representatives of the governments
concerned to attend one of its sittings to discuss the observations in
question. Governments which are not members of the Committee are
kept informed of its agenda and the date on which it wishes to hear
statements from their representatives through the Conference Daily
Bulletin.

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System of supervising the


application of international
labour standards:
regular supervision
Approximate time: 60 min

Since its foundation the ILO has endeavoured to establish effective


1 Introduction methods for supervising the application of international labour
standards acceptable to Member States.

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

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Regular supervision of the


application of standards:
observations of workers
organisations
Approximate time: 60 min

Under article 23, paragraph 2, of the ILO Constitution, governments are


1 Introduction responsible for communicating a copy of all reports on ratified and
unratified Conventions and Recommendations to the organisations
representative of employers and workers. These organisations and any
other employers or workers organisation may make observations on
the subjects concerned if they wish.
The aim of this activity is to highlight the importance of this
opportunity for trade unions to present observations on the application
of international labour standards in their respective country. This will
help to ensure that the system of supervising their application functions
correctly.
Check whether your country has ratified Convention No. 111 on
discrimination (employment and occupation) and carefully analyse the
text of this Convention.

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.

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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

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List of supporting material


TR No. 7.1 Supervisory machinery
Visual aids TR No. 7.2 Reports on ratified Conventions (1)
TR No. 7.3 Reports on ratified Conventions (2)
TR No. 7.4 Detailed two-yearly reports
Five-yearly reports.
TR No. 7.5 Non-periodic reports
TR No. 7.6 Detailed reports
TR No. 7.7 Simplified reports
TR No. 7.8 The Committee of Experts
TR No. 7.9 Texts examined by the Committee of Experts
TR No. 7.10 Comments of employers and workers organisations
TR No. 7.11 Committee of Experts report
TR No. 7.12 General surveys
TR No. 7.13 The Conference Committee on the Application
of Standards (1)
TR No. 7.14 The Conference Committee on the Application
of Standards (2)

Activities No. 1 System of supervising the application of international labour standards:


regular supervision
No. 2 Regular supervision of the application of standards: observations of
workers organisations

Contained in the pack:


Supporting
documents International Labour Standards, Workers Education Manual, chapter 6
Handbook of procedures relating to international labour Conventions
and Recommendations, Geneva, 1998, chapters 4, 5, 6, 7
List of ratifications

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

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International Labour Office
Geneva
International Training Centre
of the ILO - Turin

9 Transparencies

Standards
and technical co-operation

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Interaction between international labour standards and technical co-operation

THE TECHNICAL
STANDARD-SETTING CO-OPERATION
PROCEDURE

Suggests the objective Helps to overcome


of technical co-operation difficulties
of implementation

Helps to identify Ensures feedback


solutions on standards

Source of information
for preparing standards

DEVELOPMENT OF SOCIAL JUSTICE

Transparency 9.1

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Assistance offered by the ILO

A. Overall active partnership policy in close


co-operation with the three constituents

B. The ILO works in the field with its decentralised


offices and multidisciplinary teams

C. Direct contacts involve a visit


to the country

D. Employers and workers organisations should


be involved in direct contacts

Transparency 9.2

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International Labour Office
Geneva
International Training Centre
of the ILO - Turin

10 The standard setting of


the ILO and globalisation:
- revision of standards
- Declaration on
Fundamental Principles
and Rights at Work
and its Follow-up

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10
498

499

501

504
Contents
Objectives

Proposed training strategy

Revision of standards, the standard setting of the ILO and


globalisation

ILO Declaration on Fundamental Principles and Rights at


Work and its Follow-up

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

512 List of supporting material

513 Annex
1. ILO Declaration on Fundamental Principles and Right at Work
and its Follow-up

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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.

Participants will in particular be able to:


Specific
objectives discuss the Governing Bodys policy of revising standards according
to the national situation;
identify trade union action to be taken in relation to standards
proposed by the Governing Body for ratification/denunciation;
contribute to the promotion of respect of principles stated in the ILO
Declaration on Fundamental Principles and Rights at Work and its
Follow-up.

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Proposed training strategy


b SEQUENCES TEACHING
METHODS
TEACHING
MATERIAL
TIME

Present the general objective and Presentation Flip chart 10 mn


1 the specific objectives of part 10:
Revision of standards, the
standards setting of the ILO and
globalisation

Present the teaching unit: Presentation and TR D


1
2 3 30 mn
2 Revision policy discussion
4
5

Present and hand out activity No. 1: Work group Flip chart 90 mn
3 Revision of standards

Continue presentation of the teaching Presentation and Flip chart 30 mn


4 unit: The universal guarantee of basic
rights, a condition of workers
discussion

participation in the benefits of


globalisation

Present and hand out activity No. 2: Work group Flip chart 90 mn
5 Trade union action and
globalisation

Present the ILO Declaration on Presentation and TR D


6
7
8 30 mn
6 Fundamental Principles and Rights
at Work and its Follow-up
discussion

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

Summary and trainers final conclusion Presentation Flip chart 30 mn


8
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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
Revision policy
Revision policy In 1995 the Governing Body set up a work group on the
(TR 10.1 and 10.1bis) standards revision policy within the Commission on Legal Matters and
(TR 10.2) International Labour Standards, with the aim of updating and
reinforcing the ILO standards system. This work group has carried out
Standards revision policy (1)
(1)
CONVENTIONS ON BASIC HUMAN RIGHTS AND PRIORITY
CONVENTIONS FOR WHICH NO REVISION IS ENVISAGED:
a case-by-case examination of a significant number of Conventions on
Conventions on basic human rights:
Freedom of association:
Convention (No. 87) on freedom of association and protection
of the right to organise, 1948
which the Governing Body has taken decisions.
Convention (No.98) on the right to organise and collective
bargaining, 1949
Forced labour:
Convention (No.29) on forced labour, 1930
Convention (No.105) on the abolition of forced labour, 1957
The Governing Body felt that the Conventions on basic human
rights at work and the priority Conventions did not require revision.
Non-discrimination:
Convention (No.100) on equal remuneration, 1951
Convention (No.111) on discrimination
(employment and occupation), 1958
Minimum age:
Convention (No.138) on the minimum age for admission
to employment, 1973

Suggested revisions were approved for some other Conventions,


however. This includes instruments on the protection of maternity,
Standards revision policy (2)
night work for children and young persons and hours of work. For
(2)
CONVENTIONS ON BASIC HUMAN RIGHTS AND PRIORITY
CONVENTIONS FOR WHICH NO REVISION IS ENVISAGED: other Conventions the Governing Body requested further information
Priority conventions:
Employment policy:
Convention (No. 122) on employment policy, 1964
Labour inspection:
Convention (No. 81) on labour inspection, 1947
from employers and workers organisations so as to be able to assess
Convention (No. 129) on labour inspection (agriculture), 1969
Tripartite consultation:
Convention (No. 144) on tripartite consultation on international
labour standards, 1976
the need for revision more accurately.

Proposed revision of standards

MATERNITY PROTECTION

Convention (No. 3) on maternity protection, 1919


Convention (No. 103) on maternity protection (revised), 1952

NIGHT WORK OF CHILDREN AND YOUNG PERSONS

Convention (No. 6) on night work of young persons (industry), 1919

Convention (No. 79) on night work of young persons


(non-industrial occupations), 1946

Convention (No. 90) on night work of children (industry)


(revised), 1948

HOURS OF WORK

Convention (No. 43) on sheet-glass works, 1934

Convention (No. 49) on the reduction of hours of work


(glass-bottle works), 1935

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(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

Convention (No.130) on medical care


and sickness benefits, 1969
Convention (No.101) on holidays
with pay (agriculture), 1952

Convention (No.24) on sickness


insurance (industry), 1927
Convention (No.25) on sickness
the ratification of up-to-date Conventions.
The Governing Body believes that certain Conventions no longer
insurance (agriculture), 1927

Convention (No.128) on invalidity, Convention (No.35) on old-age


old-age and survivors benefits, 1967 insurance (industry, etc.), 1933
Convention (No.36) on old-age
insurance (agriculture), 1933
Convention (No.37) on invalidity

correspond to current needs and have become inappropriate or


insurance (industry, etc.), 1933
Convention (No.38) on invalidity
insurance (agriculture), 1933
Convention (No.39) on survivors
insurance (industry, etc.), 1933
Convention (No.40) on survivors
insurance (agriculture), 1933

Convention (No.168) on employment


promotion and protection against
unemployment, 1988

Convention (No.157) on maintenance


Convention (No.44) on unemployment
provision, 1934

Convention (No.48) on maintenance


obsolete. It has thus decided to set these Conventions aside with
of social security rights, 1982 of migrants pension rights, 1935

immediate effect. The Governing Body has stressed that the


Promotion of ratifications / denunciations (revised conventions) (2)
implementation of these decisions involves tripartite consultations in
Conventions proposed Conventions proposed
Subjects
Employment
of women
for ratification
Convention (No.89) on night work
(women) (revised), 1948
[and Protocol, 1990] or Convention
for denunciation
Convention (No.4) on night work
(women) , 1919, and/or Convention
(No.41) (revised) on night work
the Member States, taking account in particular of the procedures
(No.171) on night work, 1990 (women), 1934

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

Employment Convention (No.176) on safety Convention (No.45) on underground


of women and health in mines work (women), 1935

Migrant
workers

Indigenous
workers
Convention (No.97) on migration
for employment (revised), 1949

Convention (No.169) on indigenous


and tribal peoples, 1989 and/or
Convention (No.21) on inspection
of emigrants, 1926

Convention (No.50) on the recruiting


of indigenous workers, 1936
and information policy programme was established within the
International Labour Standards Department, one of the objectives of
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
(supplementary provisions), 1975

Convention (No.169) on indigenous


and tribal peoples, 1989
Convention (No.65) on penal sanctions
(indigenous workers), 1939
which is to ensure that decisions taken by the Governing Body on
revising standards are followed up.
Convention (No.104) on the abolition
of penal sanctions
(indigenous workers), 1955

Conventions set aside

Conventions not coming Conventions No.31, 46, 51, 61


into force: (hours of work) and 66
(migration for employment)

Night work: Convention No.20

Employment agencies: Convention No.34

Hours of work:

Minimum age:

Social security:
Conventions No.43, 49, and 67

Convention No.60

Conventions No.35, 36, 37, 38,


39, 40 and 48
The universal guarantee of basic rights, a
Migrant workers:

Dockers:

Indigenous workers:
Convention No.21

Convention No.28

Conventions No.50, 64, 65,


86 and 104
condition of workers participation in the
benefits of globalisation1
Standards and Initially marked by reciprocal accusations of social dumping and
globalisation protectionism, the debate on the link between free trade and the
protection of workers rights has progressed significantly, largely due to
the work of various ILO groups and committees that have studied the
issue. No-one wishes to deny the developing countries the advantages
to be gained from their comparatively lower wages and level of social
protection. To be legitimate, however, this reasoning postulates
universal respect for certain basic human rights at work: freedom of
association and collective bargaining (Conventions No. 87 and 98);
prohibition of forced labour, including that of children (Conventions
No. 29 and 105); equal treatment and non-discrimination
(Conventions No. 100 and 111); minimum age (Convention No. 138).
These basic rights, which should be recognised as universally binding,
assume particular significance in the context of globalisation since they

1. Director-Generals report on The ILO, standard setting and globalisation, presented to the
International Labour Conference in 1997.

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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.

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ILO Declaration on Fundamental


Principles and Rights at Work and its
Follow-up
In a decision that reaffirms the international communitys
commitment to ensuring that fundamental workplace rights are
respected, the delegates at the 86th International Labour Conference
adopted the ILO Declaration on Fundamental Principles and Rights at
Work. This Declaration solemnly commits the 174 States Members of
the Organization to respecting the principles inherent in the seven
fundamental labour standards and to promoting their universal
application.

The impetus for the Declaration came from the international


communitys concern over the process of globalization and the potential
social consequences of trade liberalization. This was specifically
expressed at the World Summit for Social Development organized by
the UN (Copenhagen, 1995) and at the Ministerial Conference of the
World Trade Organization held in Singapore (1996). These two
meetings endorsed the internationally recognized fundamental labour
standards and stressed that the ILO was the competent organization to
deal with and set this type of standard.

Why does the ILO need a new declaration? The Organization


already has a good number of conventions and recommendations. It
has a tried and tested system for supervising standards. The declaration
does not propose new principles, but presents anew those in the
fundamental conventions. So why add yet another instrument?

(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.

a) freedom of association and the effective recognition


the Organization have an obligation to promote and to realise in good
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
faith the right of workers and employers to freedom of association and
employment and occupation.

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).

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During the discussions which led to the adoption of the


Declaration, it was clearly established that, although very important, a
declaration of principles was not enough. It could be no more than an
expression of good intentions. It needed to be given life with
appropriate, significant and effective follow-up measures. That is why
an integral part of the Declaration consists of an annex mandating
specific follow-up. The aim of the follow-up mechanism 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.

There are two components to the follow-up mechanism:

(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

by the governments concerned as well as on remarks by employers


and workers organizations. These reports, as compiled by the Office,
will be reviewed by the Governing Body. With a view to presenting an
introduction to the reports thus compiled, the Office may call upon a
group of experts appointed for this purpose by the Governing Body.
These experts should be independent and impartial, and should have
recognized experience in the different fields covered by the Declaration.

(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.

The report will be drawn up under the responsibility of the


Director-General on the basis of official information, or information
gathered and assessed in accordance with established procedures. More

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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.

This report will be submitted to the Conference for tripartite


discussion as a report of the Director-General. The Conference may
discuss it during a sitting devoted entirely to it, or in any other
appropriate way. It will then be for the Governing Body, at an early
session, to draw conclusions from this discussion concerning the
priorities and plans of actions for technical co-operation to be
implemented in the following four-year period.

The ILO Declaration on Fundamental Principles and Rights at


Work is a big step toward defining the basic social rules that should
govern the globalization of the economy. It is also a big step toward
more universal respect for the fundamental rights of workers as an
essential ILO value.

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Conclusion

This examination of the standard setting of the ILO as a whole in


relation to freedom of association may be concluded by stressing three
important points.
The first is that international labour standards have exerted and
continue to exert their influence all over the world, in industrialised
and developing countries alike, and that the policy constantly pursued
by the ILO, leading to the adoption of standards designed to be
universally applicable, appears to have lost none of its value.
The second point is that the substantial influence thus exercised
in all ILO Member States is closely linked to the efficacy of the
constitutional and other procedures described in this guide which aim
to promote and supervise the application of standards.
The third point is that in many instances the measures taken by
the Member States to apply ILO standards have been taken after
investigation by workers and their organisations acting within their
own movement or within advisory tripartite bodies.

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Revision of standards
Approximate time: 90 min

The Governing Body of the ILO set up a work group on standards


1 Introduction revision policy. This activity is designed to analyse the Governing
Bodys proposals and identify trade union priorities.

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.

The representative of each group will summarise the results of the


3 Progress activity. All participants will then discuss the different strategies
report proposed with the plenary.

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Trade union action and


globalisation
Approximate time: 90 min

The main objective of the programme is to make workers and their


1 Introduction organisations aware of the ILOs role, its standard-setting action and the
contents of international labour standards, and also to show them how
to use the ILO standards system in seeking solutions for the problems
and challenges currently facing the world of labour.
The aim of this activity is to study the most important relevant factors
and phenomena in current world development and to seek answers
and methods of acting in the interests of workers.

Form small work groups. Discuss the following questions:


2 Content How are the workers and workers organisations in your country
(region) affected by the globalisation of the world economy and by
the liberalisation of international trade?
In your opinion, is the role of international labour standards and
labour legislation in your country (region) influenced by this
process? How? Briefly describe it.
What measures should governments and/or sub-regional
organisations take to ensure adequate protection of workers against
new developments in the world economy?
What measures should be taken at trade union level in defending
workers interests?
What other problems should trade unions confront at the moment?
What improvements should be made in the area of international
labour standards and the standards procedures of the ILO?
In your opinion which ILO instruments should act as a catalyst in
the process of globalisation and liberalisation?

Each group representative will summarise the groups answers to the


3 Progress questions and all participants will discuss them in a plenary session to
report draw conclusions.

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ILO Declaration on
Fundamental Principles
and Rights at Work and its
Follow-up
Approximate time: 60 min

On 18th June 1998, in Geneva, the International Labour Conference


1 Introduction adopted the ILO Declaration on Fundamental Principles and Rights at
Work and its Follow-up. This new instrument will enable the ILO to
examine more deeply the situation regarding freedom of association,
the right to collective bargaining, forced labour, child labour, and
discrimination in employment and occupation, particularly in those
countries which have not ratified the relevant conventions. This activity
aims to analyse the role of trade union organizations in ensuring that
the Declaration is followed up in the most appropriate manner.

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:

Actions of a general nature


1) Training activities and information sessions on the aims and content
of the new instruments;
2) Campaigns to have the ILOs fundamental conventions ratified.

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.

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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.

A representative of each group will summarize the outcome of the


3 Report activity. After that, there will be a plenary discussion of the various
strategies suggested, involving all participants.

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List of supporting material


TR No. 10.1 and 10.1bis: Standards revision policy
Visual aids TR No. 10.2: Proposed revision of standards
TR No. 10.3 and 10.3bis: Promotion of ratifications / denunciations
(revised Conventions)
TR No. 10.4: Promotion of ratifications / denunciations
(Conventions not revised)
TR No. 10.5: Conventions set aside
TR No. 10.6: Universal application of fundamental principles and rights
TR No. 10.7: Follow-up mecanism 1
TR No. 10.8: Follow-up mecanism 2

No. 1 Revision of standards


Activities No. 2 Trade union action at the time of globalisation
No. 3 ILO Declaration on Fundamental Principles and Rights at Work and its
Follow-up

Contained in the pack:


Supporting
documents International Labour Standards, Workers Education Manual,
chapters 1 and 2
Handbook of procedures relating to international labour
Conventions and Recommendations, Geneva, 1998
List of ratifications
ILO Declaration on Fundamental Principles and Rights at Work and
its Follow-up, International Labour Conference - 86th Session -
Geneva, June 1998

Additional bibliography:
The ILO, standard setting and globalisation, Director-Generals
report, International Labour Conference, 85th session, 1997, ILO
Geneva, 1997.

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ILO Declaration on
Fundamental Principles and
Rights at Work and its
Follow-up

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International Labour Conference


86th Session
Geneva, June 1998

ILO Declaration on Fundamental


Principles and Rights at Work

Whereas the ILO was founded in the conviction that social justice is
essential to universal and lasting peace;

Whereas economic growth is essential but not sufficient to ensure equity,


social progress and the eradication of poverty, confirming the need for the ILO
to promote strong social policies, justice and democratic institutions;

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;

Whereas, in seeking to maintain the link between social progress and


economic growth, the guarantee of fundamental principles and rights at work
is of particular significance in that it enables the persons concerned to claim
freely and on the basis of equality of opportunity their fair share of the wealth
which they have helped to generate, and to achieve fully their human
potential;

Whereas the ILO is the constitutionally mandated international organization


and the competent body to set and deal with international labour standards,
and enjoys universal support and acknowledgement in promoting fundamental
rights at work as the expression of its constitutional principles;

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Whereas it is urgent, in a situation of growing economic interdependence,


to reaffirm the immutable nature of the fundamental principles and rights
embodied in the Constitution of the Organization and to promote their
universal application;

The International Labour Conference,

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.

3. Recognizes the obligation on the Organization to assist its Members, in


response to their established and expressed needs, in order to attain these
objectives by making full use of its constitutional, operational and budgetary
resources, including by the mobilization of external resources and support, as
well as by encouraging other international organizations with which the ILO
has established relations, pursuant to article 12 of its Constitution, to support
these efforts:
a) by offering technical cooperation and advisory services to promote the
ratification and implementation of the fundamental Conventions;
b) by assisting those Members not yet in a position to ratify some or all of
these Conventions in their efforts to respect, to promote and to realize the
principles concerning fundamental rights which are the subject of those
Conventions; and
c) by helping the Members in their efforts to create a climate for economic
and social development.

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4. Decides that, to give full effect to this Declaration, a promotional follow-up,


which is meaningful and effective, shall be implemented in accordance with
the measures specified in the annex hereto, which shall be considered as an
integral part of this Declaration.

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

Follow-up to the Declaration

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.

2. In line with this objective, which is of a strictly promotional nature, this


follow-up will allow the identification of areas in which the assistance of the
Organization through its technical cooperation activities may prove useful to
its Members to help them implement these fundamental principles and rights.
It is not a substitute for the established supervisory mechanisms, nor shall it
impede their functioning; consequently, specific situations within the purview
of those mechanisms shall not be examined or re-examined within the
framework of this follow-up.

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.

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II. Annual follow-up concerning non-ratified fundamental Conventions

A. Purpose and scope

1. The purpose is to provide an opportunity to review each year, by means of


simplified procedures to replace the four-year review introduced by the
Governing Body in 1995, the efforts made in accordance with the Declaration
by Members which have not yet ratified all the fundamental Conventions.

2. The follow-up will cover each year the four areas of fundamental principles
and rights specified in the Declaration.

B. Modalities

1. The follow-up will be based on reports requested from Members under


article 19, paragraph 5(e) of the Constitution. The report forms will be drawn
up so as to obtain information from governments which have not ratified one
or more of the fundamental Conventions, on any changes which may have
taken place in their law and practice, taking due account of article 23 of the
Constitution and established practice.

2. These reports, as compiled by the Office, will be reviewed by the Governing


Body.

3. With a view to presenting an introduction to the reports thus compiled,


drawing attention to any aspects which might call for a more in-depth
discussion, the Office may call upon a group of experts appointed for this
purpose by the Governing Body.

4. Adjustments to the Governing Body's existing procedures should be


examined to allow Members which are not represented on the Governing
Body to provide, in the most appropriate way, clarifications which might prove
necessary or useful during Governing Body discussions to supplement the
information contained in their reports.

III. Global report

A. Purpose and scope

1. The purpose of this report is to provide a dynamic global picture relating to


each category of fundamental principles and rights noted during the preceding
four-year period, and to serve as a basis for assessing the effectiveness of the

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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

1. The report will be drawn up under the responsibility of the Director-General


on the basis of official information, or information gathered and assessed in
accordance with established procedures. In the case of States which have not
ratified the fundamental Conventions, it will be based in particular on the
findings of the aforementioned annual follow-up. In the case of Members
which have ratified the Conventions concerned, the report will be based in
particular on reports as dealt with pursuant to article 22 of the Constitution.

2. This report will be submitted to the Conference for tripartite discussion as a


report of the Director-General. The Conference may deal with this report
separately from reports under article 12 of its Standing Orders, and may
discuss it during a sitting devoted entirely to this report, or in any other
appropriate way. It will then be for the Governing Body, at an early session, to
draw conclusions from this discussion concerning the priorities and plans of
action for technical cooperation to be implemented for the following four-year
period.

IV. It is understood that:

1. Proposals shall be made for amendments to the Standing Orders of the


Governing Body and the Conference which are required to implement the
preceding provisions.
2. The Conference shall, in due course, review the operation of this follow-up
in the light of the experience acquired to assess whether it has adequately
fulfilled the overall purpose articulated in Part I.

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The foregoing is the ILO Declaration on Fundamental Principles and Rights at


Work and its Follow-up duly adopted by the General Conference of the
International Labour Organization during its Eighty-sixth Session which was
held at Geneva and declared closed the 18 June 1998.

IN FAITH WHEREOF we have appended our signatures this nineteenth day of


June 1998.

The President of the Conference,

The Director-General of the International Labour Office.

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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

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Standards revision policy (1)

CONVENTIONS ON BASIC HUMAN RIGHTS AND PRIORITY


CONVENTIONS FOR WHICH NO REVISION IS ENVISAGED:

Conventions on basic human rights:


Freedom of association:
Convention (No. 87) on freedom of association and protection
of the right to organise, 1948
Convention (No.98) on the right to organise and collective
bargaining, 1949
Forced labour:
Convention (No.29) on forced labour, 1930
Convention (No.105) on the abolition of forced labour, 1957
Non-discrimination:
Convention (No.100) on equal remuneration, 1951
Convention (No.111) on discrimination
(employment and occupation), 1958
Minimum age:
Convention (No.138) on the minimum age for admission
to employment, 1973

Transparency 10.1

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Standards revision policy (2)

CONVENTIONS ON BASIC HUMAN RIGHTS AND PRIORITY


CONVENTIONS FOR WHICH NO REVISION IS ENVISAGED:

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

Transparency 10.1 bis

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Proposed revision of standards

MATERNITY PROTECTION

Convention (No. 3) on maternity protection, 1919


Convention (No. 103) on maternity protection (revised), 1952

NIGHT WORK OF CHILDREN AND YOUNG PERSONS

Convention (No. 6) on night work of young persons (industry), 1919

Convention (No. 79) on night work of young persons


(non-industrial occupations), 1946

Convention (No. 90) on night work of children (industry)


(revised), 1948

HOURS OF WORK

Convention (No. 43) on sheet-glass works, 1934

Convention (No. 49) on the reduction of hours of work


(glass-bottle works), 1935

Transparency 10.2

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Promotion of ratifications / denunciations (revised conventions) (1)

Conventions proposed Conventions proposed


Subjects for ratification for denunciation
Hours Convention (No.153) on hours Convention (No.67) on hours of work
of work of work and rest periods and rest periods
(road transport), 1979 (road transport), 1939

Holidays Convention (No.132) on holidays Convention (No.101) on holidays


with pay with pay (revised), 1970 with pay (agriculture), 1952

Social Convention (No.130) on medical care Convention (No.24) on sickness


security and sickness benefits, 1969 insurance (industry), 1927
Convention (No.25) on sickness
insurance (agriculture), 1927

Convention (No.128) on invalidity, Convention (No.35) on old-age


old-age and survivors benefits, 1967 insurance (industry, etc.), 1933
Convention (No.36) on old-age
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
insurance (industry, etc.), 1933
Convention (No.40) on survivors
insurance (agriculture), 1933

Convention (No.168) on employment Convention (No.44) on unemployment


promotion and protection against provision, 1934
unemployment, 1988

Convention (No.157) on maintenance Convention (No.48) on maintenance


of social security rights, 1982 of migrants pension rights, 1935

Transparency 10.3

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Promotion of ratifications / denunciations (revised conventions) (2)

Conventions proposed Conventions proposed


Subjects for ratification for denunciation
Employment Convention (No.89) on night work Convention (No.4) on night work
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

Minimum Convention (No.138) on the minimum Convention (No.60) (revised) on the


age age, 1973 minimum age (non-industrial
employment), 1937

Dock Convention (No.152) on occupational Convention (No.28) on protection


workers safety and health in docks, 1979 against accidents for dockers, 1929

Transparency 10.3 bis

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Promotion of ratifications / denunciations (conventions not revised)

Conventions proposed Conventions proposed


Subjects for ratification for denunciation
Night Convention (No.171) on night work, Convention (No.20) on night work
work 1990 (bakeries), 1925

Employment Convention (No.176) on safety Convention (No.45) on underground


of women and health in mines work (women), 1935

Migrant Convention (No.97) on migration Convention (No.21) on inspection


workers for employment (revised), 1949 of emigrants, 1926

Indigenous Convention (No.169) on indigenous Convention (No.50) on the recruiting


workers and tribal peoples, 1989 and/or of indigenous workers, 1936
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
(supplementary provisions), 1975

Convention (No.169) on indigenous Convention (No.65) on penal sanctions


and tribal peoples, 1989 (indigenous workers), 1939
Convention (No.104) on the abolition
of penal sanctions
(indigenous workers), 1955

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Conventions set aside

Conventions not coming Conventions No.31, 46, 51, 61


into force: (hours of work) and 66
(migration for employment)

Night work: Convention No.20

Employment agencies: Convention No.34

Hours of work: Conventions No.43, 49, and 67

Minimum age: Convention No.60

Social security: Conventions No.35, 36, 37, 38,


39, 40 and 48

Migrant workers: Convention No.21

Dockers: Convention No.28

Indigenous workers: Conventions No.50, 64, 65,


86 and 104

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Universal application of fundamental principles and rights

Even if Member States have not ratified


the following conventions, the simple fact of their
adherence to the Organisation obliges them
to respect, promote and implement the principles
concerning these fundamental rights:

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.

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FOLLOW-UP MECHANISM (1)

Annual report requires from states members who


have not ratified one or more fundamental conventions on:
freedom of association and right to collective bargaining
forced labour
child labour
discrimination in employment and occupation

With remarks by employers and workers organizations:


- a group of experts appointed by the governing body
introduces the reports
- the reports are examined by the governing body

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FOLLOW-UP MECHANISM (2)

Global report covering one of the four categories of


fundamental principles and rights each year:
freedom of association and right to collective bargaining
forced labour
child labour
discrimination in employment and occupation

To provide a global view of ratified


and unratified conventions:
- report submitted to the conference
(discussion and guidelines regarding technical cooperation)

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11 Preparation of
an action plan
and final assessment
of the course

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529

531
Contents
Objectives

Proposed training strategy

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

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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.

Participants will in particular be able to:


Specific
objectives draw up a work plan for their own trade union organisation
assess the course as a whole

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Proposed training strategy


b SEQUENCES METHODES
DIDACTIQUES
MATERIEL
PEDAGOGIQUE
DUREE

1 Present the general objective and the


specific objectives of part 11:
Preparation of an action plan and
Presentation 10 mn

final assessment of the course

2 Present and hand out activity No. 1: Design Work group


and implementation of an action plans
Flip chart 60 mn

3 Present and hand out activity No. 2:


Production of individual action plans
Work group Flip chart/
transparencies
180 mn

4 Present and hand out activity No. 3:


Final assessment of the course
Individual work Questionnaire 30 mn

5 Summary and trainers final conclusion Presentation Flip chart 30 mn

6 Closing ceremony of the course and


presentation of certificates
30 mn

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Design and implementation


of an action plan
Approximate time: 60 min

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.

Appoint a member of your group to present your conclusions to the


3 Progress plenary, when the ideas of all the groups will be discussed.
report

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Production of individual
action plans
Approximate time: 180 min

This activity concerns the preparation of your action plan, to be


1 Introduction implemented at local level. It is the follow-up to the work carried out
in the preceding activity.
This activity aims to:
specify the work programme you intend to implement in your trade
union;
effectively structure the tasks involved.

Reflect individually on the following questions:


2 Content What type of course report will you prepare (e.g., written, oral), and
who will you present it to?
How will the material you take from this course be used by yourself
or by other members of your trade union ?
Will this material have to be adapted?
What personal objectives will you establish at the end of the course?
What supplementary information on international labour standards
do you require?
What other important action will you take after the course ?
What resources do you think you need? Where do you think you can
find them?
Answer these questions by producing a draft action plan, using the
attached action plan sheets.

Present your action plan to the plenary, when all the projects will be
3 Progress discussed.
report

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Final assessment of the


course
Approximate time: 30 min

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.

Give participants the assessment questionnaire appended to this


2 Activity activity.

When the questionnaire has been completed, hand it to the trainer.


3 Progress
report

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Production of individual
action plans
WHAT YOU ACTIVITIES AND TIME FOR RESOURCES
INTEND TO DO CARRYNG THEM OUT NECESSARY
(OBJECTIVES)

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End of course assessment


questionnaire
1. Objectives
Reminder of the objectives of the programme:
a) To identify the principal problems facing trade unions in the area of
international labour standards and to make a comparative analysis at
national level.
b) To gain a knowledge of the preparation procedure, purpose and contents
of standards from the trade union point of view.
c) To analyse the procedure governing the adoption, submission and
machinery for supervising the application of standards, including special
procedures on freedom of association.
d) To gain a detailed knowledge of the contents of the main international
labour standards.
e) To use an active methodology in trade union training.
f) To produce individual action plans for implementing a project at national
level.

1.1 As a whole, have the objectives listed been achieved:


Completely Partly Not at all

Objective a ...................... ..................... .....................


...................... ..................... .....................

Completely Partly Not at all

Objective b ...................... ..................... .....................


...................... ..................... .....................

Completely Partly Not at all

Objective c ...................... ..................... .....................


...................... ..................... .....................

Completely Partly Not at all

Objective d ...................... ..................... .....................


...................... ..................... .....................

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Completely Partly Not at all

Objective e ...................... ..................... .....................


...................... ..................... .....................

Completely Partly Not at all

Objective f ...................... ..................... .....................


...................... ..................... .....................

2. Course activities and group work


2.1 How far have you been satisfied with the CONTENT
of the course?
Completely Partly Not at all
...................... ..................... .....................

...................... ..................... .....................

Reasons
......................................................................

......................................................................

......................................................................

......................................................................

2.2 How far have you been satisfied with the LEVEL of
the course?
Completely Partly Not at all
...................... ..................... .....................

...................... ..................... .....................

Reasons
......................................................................

......................................................................

......................................................................

......................................................................

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2.3 How far have you been satisfied with the


ORGANISATION of the course?
Completely Partly Not at all
...................... ..................... .....................

...................... ..................... .....................

Reasons
......................................................................

......................................................................

......................................................................

......................................................................

2.4 How far have you been satisfied with the TRAINING
METHODS used?
Completely Partly Not at all
...................... ..................... .....................

...................... ..................... .....................

Reasons
......................................................................

......................................................................

......................................................................

......................................................................

3. Importance of the course in


relation to your current post
3.1 Indicate how far the course has been useful to you in
relation to your trade union work:
Very useful Useful Not at all useful
...................... ..................... .....................

...................... ..................... .....................

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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
......................................................................

......................................................................

......................................................................

......................................................................

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4. Supporting material (files - books


- photocopies - training documents)
4.1 How much have you used the teaching documents
you received at the beginning of the course?
Fully Partly Not at all
...................... ..................... .....................

...................... ..................... .....................

Reasons
......................................................................

......................................................................

......................................................................

......................................................................

4.2 What was the level of comprehension of the teaching


material?
Very clear Clear Not clear
...................... ..................... .....................

...................... ..................... .....................

5. Working relations among


participants
5.1 Indicate the level of communication and co-operation
among participants.
Very good Good Poor
...................... ..................... .....................

...................... ..................... .....................

Reasons
......................................................................

......................................................................

......................................................................

......................................................................

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5.2 Indicate the quality of teaching:


Good Average Poor
Teaching staff ................ ................ ................
of the Centre
External ................ ................ ................
collaborators

Reasons
......................................................................

......................................................................

......................................................................

......................................................................

5.3 Indicate the quality of the administrative support


(secretarial - social life - travel - medical):
Good Average Poor
...................... ..................... .....................

...................... ..................... .....................

Reasons
......................................................................

......................................................................

......................................................................

......................................................................

6. Other general comments


......................................................................

......................................................................

......................................................................

......................................................................

......................................................................

......................................................................

......................................................................

......................................................................

......................................................................

......................................................................

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transparencies
Part
3

M
4
5
6
7
8
9
J

The ILO and


standard setting
Founding of the International Labour Organisation Part
3

M
4
5
6
7
8
9
J

The ILO and


Universal and lasting peace
standard can be established only if it is
setting
Transparency
based upon social justice
3.1 Constitution of the ILO
ILO Constitution Part
3

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

The ILO and


standard
setting
Transparency

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

Asia and the Pacific Europe Middle East


Bangladesh Belgium Kuwait
China France Lebanon
Fiji Germany
The ILO and India Hungary
standard Indonesia Italy
setting Japan Russian Federation
Pakistan Spain
Transparency Philippines Switzerland
Sri Lanka Turkey
Thaland United Kingdom
3.5
Other ILO bodies Part
3

M
R egional Meetings 4
5
RMeetings
egional and Technical 6
7
8
A dvisory Committee on Salariedorkers 9
Employees and Professional W J

Joint Maritime Commission (bipartite)


The ILO and
standard Joint Committee on the Public Service
(bipartite)
setting
Transparency

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

The ILO and


standard
setting
Transparency

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

Promotion of the objectives established


by international labour standards
The ILO and Improvement of living
standard
setting and working conditions
Transparency Promotion of full employment
3.8
The ILO and the United Nations system Part
3

M
SPECIALIZED INSTITUTIONS
ILO International Labour Organisation 4
FAO United Nations Food and Agriculture Organisation

UNESCO United Nations Educational, Scientific and Cultural Organisation


5
UNICEF United Nations Childrens Fund
6
UNDP United Nations Development Programme 7
8
WHO World Health Organisation

IBRD International Bank for Reconstruction and Development (World Bank)

IMF International Monetary Fund 9


UPU Universal Postal Union
J
ITU International Telecommunication Union

WMO World Meteorological Organisation

IMO International Maritime Organisation

WIPO World Intellectual Property Organisation

IFAD International Fund for Agricultural Development


The ILO and
standard UNIDO United Nations Industrial Development Organisation
setting IAEA International Atomic Energy Agency

Transparency

3.9
transparencies
Part
3
4
5

M
6
7
8
9
J

Purpose and content


of standards
Standards concerning fundamental social rights Part

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

Facilities shall be afforded


Purpose and to enable them to carry out
content of their functions
standards
Transparency

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

Enjoyment of civil and


political rights

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

139 No 100 Equal Remuneration, 1951

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

REHABILITATION AND EMPLOYMENT


OF DISABLED PERSONS:

Purpose and Convention n 159: Vocational Rehabilitation


content of and Employment (Disabled Persons), 1983
standards
EMPLOYMENT SECURITY:
Transparency
Convention n 158: Termination of Employment, 1982
5.12
C.122 Part
3
4
EMPLOYMENT POLICY, 1964 5

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)

Goods at works stores shall


be sold at fair
and reasonable prices
Purpose and
content of
standards Applies to all persons to whom wages
are paid or payable
Transparency

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

C.14 weekly rest (industry), 1921

C.106 weekly rest


(commerce and offices), 1957
Purpose and C.132
content of paid leave (revised), 1970
standards
C.140 paid educational leave, 1974
Transparency

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

3. PROTECTION IN GIVEN BRANCHES


OF ECONOMICAL ACTIVITIES

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

National legislation shall prescribe


the measures to be taken to prevent
and control health hazards due
Purpose and to occupational exposure to asbestos
content of and to protect workers
standards against such risks

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

Applies to all branches


of economic activity in which
Purpose and
content of chemicals are used
standards
Transparency

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

National legislation shall assign


the obligation for marking

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

THE PRINCIPAL STANDARDS ADOPTED 3


CONCERNING MIGRANT WORKERS ARE AS FOLLOWS: 4
5

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).

Social Policy in Dependent Territories Recommendation


(Supplementary Provisions), 1945 (No. 74).

Social Policy (Non-Metropolitan Territories) Convention, 1947 (No. 82).

Right of Association (Non-Metropolitan Territories) Convention, 1947 (No. 84).


Purpose and
content of Labour Inspection (Non-Metropolitan Territories) Convention, 1947 (No. 85).
standards
Labour Standards (Non-Metropolitan Territories) Convention, 1947 (No. 83).
Transparency

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

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).
Purpose and Fishermens Competency Certificates Convention, 1966 (No. 125).
content of Accommodation of Crews (Fishermen) Convention, 1966 (No. 126).
standards Vocational Training (Fishermen) Recommendation, 1966 (No. 126).

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

Plantations Convention, 1958 (No. 110) [and Protocol, 1982].


Plantations Recommendation, 1958 (No. 110).
Purpose and
content of
standards
Transparency

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

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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

DETAILED IN THE FOLLOWING CASES 3


4
Request from Committee of Experts
5
or Conference Committee 6
on the application of standards
7

M
8
Article 24 and 26 or Committee on Freedom 9
of Association
J

Inadequate comments submitted


Application
of standards:
regular
supervisory
machinery
Continuous absence of reply
Transparency

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
J
Authorities responsible for the application of relevant laws
and regulations and information on their activities

Legal or administrative decisions


Application General appreciation by the government on the application of the convention
of standards:
regular Observations of employers and workers organisations
supervisory
machinery Communication of copies of reports to employers and workers organisations
Transparency

7.6
Simplified reports Part
3
4
Laws, regulations 5
6
Implementation of the convention 7

M
Communication of copies 8
of reports to employers 9
and workers organisations
J
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

M
Members are drawn from all over the world 8
9
J

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

M
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

Information and reports on measures taken


by Members under article 35 of the Constitution
Application
of standards:
regular
supervisory
machinery
Transparency

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

M
8
9
J

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
J

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

M
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.
J

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

M
The Committee elects a chair and two vice-chairs,
each chosen from the three groups, and a reporter 8
9
J

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

M
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
J
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

M
J

Standards and technical co-operation


Interaction between international labour standards and technical co- Part
operation
3
4
THE TECHNICAL
STANDARD-SETTING CO-OPERATION 5
PROCEDURE 6
Suggests the objective Helps to overcome 7
of technical co-operation difficulties
of implementation 8
9

M
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

M
J
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
J

M
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

CONVENTIONS ON BASIC HUMAN RIGHTS AND PRIORITY


3
CONVENTIONS FOR WHICH NO REVISION IS ENVISAGED: 4
Conventions on basic human rights:
5
Freedom of association:
6
Convention (No. 87) on freedom of association and protection 7
8
of the right to organise, 1948
Convention (No.98) on the right to organise and collective
bargaining, 1949
Forced labour: 9
Convention (No.29) on forced labour, 1930
J

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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

CONVENTIONS ON BASIC HUMAN RIGHTS AND PRIORITY


3
CONVENTIONS FOR WHICH NO REVISION IS ENVISAGED: 4
Priority conventions: 5
Employment policy:
Convention (No. 122) on employment policy, 1964
6
Labour inspection: 7
Convention (No. 81) on labour inspection, 1947
Convention (No. 129) on labour inspection (agriculture), 1969
8
Tripartite consultation: 9
J
Convention (No. 144) on tripartite consultation on international

M
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
J

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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

Convention (No.128) on invalidity,


old-age and survivors benefits, 1967
Convention (No.35) on old-age
insurance (industry, etc.), 1933 9
J
Convention (No.36) on old-age

M
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

Transparency Convention (No.157) on maintenance Convention (No.48) on maintenance


of social security rights, 1982 of migrants pension rights, 1935
10.3
Promotion of ratifications / denunciations (revised conventions) (2) Part

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

Minimum Convention (No.138) on the minimum


age, 1973
Convention (No.60) (revised) on the
minimum age (non-industrial
6
7
age
employment), 1937

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
J

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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
J
and tribal peoples, 1989 and/or of indigenous workers, 1936

M
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

M
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:

a) freedom of association and the effective recognition 9


of the right to collective bargaining; J

M
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

M
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
J

M
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

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