Conventions
- C001 -
Hours of Work (Industry) Convention, 1919 (No. 1)
- C002 -
Unemployment Convention, 1919 (No. 2)
- C003 -
Maternity Protection Convention, 1919 (No. 3)
- C004 -
Night Work (Women) Convention, 1919 (No. 4)
- C005 -
Minimum Age (Industry) Convention, 1919 (No. 5)
- C006 -
Night Work of Young Persons (Industry) Convention, 1919 (No. 6)
- C007 -
Minimum Age (Sea) Convention, 1920 (No. 7)
- C008 -
Unemployment Indemnity (Shipwreck) Convention, 1920 (No. 8)
- C009 -
Placing of Seamen Convention, 1920 (No. 9)
- C010 -
Minimum Age (Agriculture) Convention, 1921 (No. 10)
- C011 -
Right of Association (Agriculture) Convention, 1921 (No. 11)
- C012 -
Workmen's Compensation (Agriculture) Convention, 1921 (No. 12)
- C013 -
White Lead (Painting) Convention, 1921 (No. 13)
- C014 -
Weekly Rest (Industry) Convention, 1921 (No. 14)
- C015 -
Minimum Age (Trimmers and Stokers) Convention, 1921 (No. 15)
- C016 -
Medical Examination of Young Persons (Sea) Convention, 1921 (No. 16)
- C017 -
Workmen's Compensation (Accidents) Convention, 1925 (No. 17)
- C018 -
Workmen's Compensation (Occupational Diseases) Convention, 1925
(No. 18)
- C019 -
Equality of Treatment (Accident Compensation) Convention, 1925
(No. 19)
- C020 -
Night Work (Bakeries) Convention, 1925 (No. 20)
- C021 -
Inspection of Emigrants Convention, 1926 (No. 21)
- C022 -
Seamen's Articles of Agreement Convention, 1926 (No. 22)
- C023 -
Repatriation of Seamen Convention, 1926 (No. 23)
- C024 -
Sickness Insurance (Industry) Convention, 1927 (No. 24)
- C025 -
Sickness Insurance (Agriculture) Convention, 1927 (No. 25)
- C026 -
Minimum Wage-Fixing Machinery Convention, 1928 (No. 26)
- C027 -
Marking of Weight (Packages Transported by Vessels) Convention, 1929
(No. 27)
- C028 -
Protection against Accidents (Dockers) Convention, 1929 (No. 28)
- C029 -
Forced Labour Convention, 1930 (No. 29)
1.
P029 - Protocol of 2014 to the Forced
Labour Convention, 1930
2.
- C030 -
Hours of Work (Commerce and Offices) Convention, 1930 (No. 30)
- C031 -
Hours of Work (Coal Mines) Convention, 1931 (No. 31)
- C032 -
Protection against Accidents (Dockers) Convention (Revised), 1932
(No. 32)
- C033 -
Minimum Age (Non-Industrial Employment) Convention, 1932 (No. 33)
- C034 -
Fee-Charging Employment Agencies Convention, 1933 (No. 34)
- C035 -
Old-Age Insurance (Industry, etc.) Convention, 1933 (No. 35)
- C036 -
Old-Age Insurance (Agriculture) Convention, 1933 (No. 36)
- C037 -
Invalidity Insurance (Industry, etc.) Convention, 1933 (No. 37)
- C038 -
Invalidity Insurance (Agriculture) Convention, 1933 (No. 38)
- C039 -
Survivors' Insurance (Industry, etc.) Convention, 1933 (No. 39)
- C040 -
Survivors' Insurance (Agriculture) Convention, 1933 (No. 40)
- C041 -
Night Work (Women) Convention (Revised), 1934 (No. 41)
- C042 -
Workmen's Compensation (Occupational Diseases) Convention (Revised), 1934
(No. 42)
- C043 -
Sheet-Glass Works Convention, 1934 (No. 43)
- C044 -
Unemployment Provision Convention, 1934 (No. 44)
- C045 -
Underground Work (Women) Convention, 1935 (No. 45)
- C046 -
Hours of Work (Coal Mines) Convention (Revised), 1935 (No. 46)
- C047 -
Forty-Hour Week Convention, 1935 (No. 47)
- C048 -
Maintenance of Migrants' Pension Rights Convention, 1935 (No. 48)
- C049 -
Reduction of Hours of Work (Glass-Bottle Works) Convention, 1935 (No. 49)
- C050 -
Recruiting of Indigenous Workers Convention, 1936 (No. 50)
- C051 -
Reduction of Hours of Work (Public Works) Convention, 1936 (No. 51)
- C052 -
Holidays with Pay Convention, 1936 (No. 52)
- C053 -
Officers' Competency Certificates Convention, 1936 (No. 53)
- C054 -
Holidays with Pay (Sea) Convention, 1936 (No. 54)
- C055 -
Shipowners' Liability (Sick and Injured Seamen) Convention, 1936
(No. 55)
- C056 -
Sickness Insurance (Sea) Convention, 1936 (No. 56)
- C057 -
Hours of Work and Manning (Sea) Convention, 1936 (No. 57)
- C058 -
Minimum Age (Sea) Convention (Revised), 1936 (No. 58)
- C059 -
Minimum Age (Industry) Convention (Revised), 1937 (No. 59)
- C060 -
Minimum Age (Non-Industrial Employment) Convention (Revised), 1937
(No. 60)
- C061 -
Reduction of Hours of Work (Textiles) Convention, 1937 (No. 61)
- C062 -
Safety Provisions (Building) Convention, 1937 (No. 62)
- C063 -
Convention concerning Statistics of Wages and Hours of Work, 1938
(No. 63)
- C064 -
Contracts of Employment (Indigenous Workers) Convention, 1939
(No. 64)
- C065 -
Penal Sanctions (Indigenous Workers) Convention, 1939 (No. 65)
- C066 -
Migration for Employment Convention, 1939 (No. 66)
- C067 -
Hours of Work and Rest Periods (Road Transport) Convention, 1939
(No. 67)
- C068 -
Food and Catering (Ships' Crews) Convention, 1946 (No. 68)
- C069 -
Certification of Ships' Cooks Convention, 1946 (No. 69)
- C070 -
Social Security (Seafarers) Convention, 1946 (No. 70)
- C071 -
Seafarers' Pensions Convention, 1946 (No. 71)
- C072 -
Paid Vacations (Seafarers) Convention, 1946 (No. 72)
- C073 -
Medical Examination (Seafarers) Convention, 1946 (No. 73)
- C074 -
Certification of Able Seamen Convention, 1946 (No. 74)
- C075 -
Accommodation of Crews Convention, 1946 (No. 75)
- C076 -
Wages, Hours of Work and Manning (Sea) Convention, 1946 (No. 76)
- C077 -
Medical Examination of Young Persons (Industry) Convention, 1946
(No. 77)
- C078 -
Medical Examination of Young Persons (Non-Industrial Occupations)
Convention, 1946 (No. 78)
- C079 -
Night Work of Young Persons (Non-Industrial Occupations) Convention, 1946
(No. 79)
- C080 -
Final Articles Revision Convention, 1946 (No. 80)
- C081 -
Labour Inspection Convention, 1947 (No. 81)
1.
P081 - Protocol of 1995 to the Labour
Inspection Convention, 1947
2.
- C082 -
Social Policy (Non-Metropolitan Territories) Convention, 1947
(No. 82)
- C083 -
Labour Standards (Non-Metropolitan Territories) Convention, 1947 (No. 83)
- C084 -
Right of Association (Non-Metropolitan Territories) Convention, 1947
(No. 84)
- C085 -
Labour Inspectorates (Non-Metropolitan Territories) Convention, 1947
(No. 85)
- C086 -
Contracts of Employment (Indigenous Workers) Convention, 1947
(No. 86)
- C087 -
Freedom of Association and Protection of the Right to Organise Convention,
1948 (No. 87)
- C088 -
Employment Service Convention, 1948 (No. 88)
- C089 -
Night Work (Women) Convention (Revised), 1948 (No. 89)
1.
P089 - Protocol of 1990 to the Night Work
(Women) Convention (Revised), 1948
2.
- C090 -
Night Work of Young Persons (Industry) Convention (Revised), 1948
(No. 90)
- C091 -
Paid Vacations (Seafarers) Convention (Revised), 1949 (No. 91)
- C092 -
Accommodation of Crews Convention (Revised), 1949 (No. 92)
- C093 -
Wages, Hours of Work and Manning (Sea) Convention (Revised), 1949 (No. 93)
- C094 -
Labour Clauses (Public Contracts) Convention, 1949 (No. 94)
- C095 -
Protection of Wages Convention, 1949 (No. 95)
- C096 -
Fee-Charging Employment Agencies Convention (Revised), 1949 (No. 96)
- C097 -
Migration for Employment Convention (Revised), 1949 (No. 97)
- C098 -
Right to Organise and Collective Bargaining Convention, 1949 (No. 98)
- C099 -
Minimum Wage Fixing Machinery (Agriculture) Convention, 1951 (No. 99)
- C100 -
Equal Remuneration Convention, 1951 (No. 100)
- C101 -
Holidays with Pay (Agriculture) Convention, 1952 (No. 101)
- C102 -
Social Security (Minimum Standards) Convention, 1952 (No. 102)
- C103 -
Maternity Protection Convention (Revised), 1952 (No. 103)
- C104 -
Abolition of Penal Sanctions (Indigenous Workers) Convention, 1955
(No. 104)
- C105 -
Abolition of Forced Labour Convention, 1957 (No. 105)
- C106 -
Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106)
- C107 -
Indigenous and Tribal Populations Convention, 1957 (No. 107)
- C108 -
Seafarers' Identity Documents Convention, 1958 (No. 108)
- C109 -
Wages, Hours of Work and Manning (Sea) Convention (Revised), 1958 (No.
109)
- C110 -
Plantations Convention, 1958 (No. 110)
1.
P110 - Protocol of 1982 to the
Plantations Convention, 1958
- C111 -
Discrimination (Employment and Occupation) Convention, 1958 (No. 111)
- C112 -
Minimum Age (Fishermen) Convention, 1959 (No. 112)
- C113 -
Medical Examination (Fishermen) Convention, 1959 (No. 113)
- C114 -
Fishermen's Articles of Agreement Convention, 1959 (No. 114)
- C115 - Radiation
Protection Convention, 1960 (No. 115)
- C116 -
Final Articles Revision Convention, 1961 (No. 116)
- C117 -
Social Policy (Basic Aims and Standards) Convention, 1962 (No. 117)
- C118 -
Equality of Treatment (Social Security) Convention, 1962 (No. 118)
- C119 -
Guarding of Machinery Convention, 1963 (No. 119)
- C120 -
Hygiene (Commerce and Offices) Convention, 1964 (No. 120)
- C121 -
Employment Injury Benefits Convention, 1964 [Schedule I amended in 1980]
(No. 121)
- C122 -
Employment Policy Convention, 1964 (No. 122)
- C123 -
Minimum Age (Underground Work) Convention, 1965 (No. 123)
- C124 -
Medical Examination of Young Persons (Underground Work) Convention, 1965
(No. 124)
- C125 -
Fishermen's Competency Certificates Convention, 1966 (No. 125)
- C126 -
Accommodation of Crews (Fishermen) Convention, 1966 (No. 126)
- C127 -
Maximum Weight Convention, 1967 (No. 127)
- C128 -
Invalidity, Old-Age and Survivors' Benefits Convention, 1967
(No. 128)
- C129 -
Labour Inspection (Agriculture) Convention, 1969 (No. 129)
- C130 -
Medical Care and Sickness Benefits Convention, 1969 (No. 130)
- C131 -
Minimum Wage Fixing Convention, 1970 (No. 131)
- C132 -
Holidays with Pay Convention (Revised), 1970 (No. 132)
- C133 -
Accommodation of Crews (Supplementary Provisions) Convention, 1970
(No. 133)
- C134 -
Prevention of Accidents (Seafarers) Convention, 1970 (No. 134)
- C135 -
Workers' Representatives Convention, 1971 (No. 135)
- C136 -
Benzene Convention, 1971 (No. 136)
- C137 -
Dock Work Convention, 1973 (No. 137)
- C138 -
Minimum Age Convention, 1973 (No. 138)
- C139 -
Occupational Cancer Convention, 1974 (No. 139)
- C140 -
Paid Educational Leave Convention, 1974 (No. 140)
- C141 -
Rural Workers' Organisations Convention, 1975 (No. 141)
- C142 -
Human Resources Development Convention, 1975 (No. 142)
- C143 -
Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143)
- C144 -
Tripartite Consultation (International Labour Standards) Convention, 1976
(No. 144)
- C145 -
Continuity of Employment (Seafarers) Convention, 1976 (No. 145)
- C146 -
Seafarers' Annual Leave with Pay Convention, 1976 (No. 146)
- C147 -
Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147)
1.
P147 - Protocol of 1996 to the Merchant
Shipping (Minimum Standards) Convention, 1976
2.
- C148 -
Working Environment (Air Pollution, Noise and Vibration) Convention, 1977
(No. 148)
- C149 -
Nursing Personnel Convention, 1977 (No. 149)
- C150 -
Labour Administration Convention, 1978 (No. 150)
- C151 -
Labour Relations (Public Service) Convention, 1978 (No. 151)
- C152 -
Occupational Safety and Health (Dock Work) Convention, 1979 (No. 152)
- C153 -
Hours of Work and Rest Periods (Road Transport) Convention, 1979
(No. 153)
- C154 -
Collective Bargaining Convention, 1981 (No. 154)
- C155 -
Occupational Safety and Health Convention, 1981 (No. 155)
1.
P155 - Protocol of 2002 to the
Occupational Safety and Health Convention, 1981
2.
- C156 -
Workers with Family Responsibilities Convention, 1981 (No. 156)
- C157 -
Maintenance of Social Security Rights Convention, 1982 (No. 157)
- C158 -
Termination of Employment Convention, 1982 (No. 158)
- C159 -
Vocational Rehabilitation and Employment (Disabled Persons) Convention,
1983 (No. 159)
- C160 -
Labour Statistics Convention, 1985 (No. 160)
- C161 -
Occupational Health Services Convention, 1985 (No. 161)
- C162 -
Asbestos Convention, 1986 (No. 162)
- C163 -
Seafarers' Welfare Convention, 1987 (No. 163)
- C164 -
Health Protection and Medical Care (Seafarers) Convention, 1987
(No. 164)
- C165 -
Social Security (Seafarers) Convention (Revised), 1987 (No. 165)
- C166 -
Repatriation of Seafarers Convention (Revised), 1987 (No. 166)
- C167 -
Safety and Health in Construction Convention, 1988 (No. 167)
- C168 -
Employment Promotion and Protection against Unemployment Convention, 1988
(No. 168)
- C169 -
Indigenous and Tribal Peoples Convention, 1989 (No. 169)
- C170 -
Chemicals Convention, 1990 (No. 170)
- C171 -
Night Work Convention, 1990 (No. 171)
- C172 -
Working Conditions (Hotels and Restaurants) Convention, 1991
(No. 172)
- C173 -
Protection of Workers' Claims (Employer's Insolvency) Convention, 1992
(No. 173)
- C174 -
Prevention of Major Industrial Accidents Convention, 1993 (No. 174)
- C175 -
Part-Time Work Convention, 1994 (No. 175)
- C176 -
Safety and Health in Mines Convention, 1995 (No. 176)
- C177 -
Home Work Convention, 1996 (No. 177)
- C178 -
Labour Inspection (Seafarers) Convention, 1996 (No. 178)
- C179 -
Recruitment and Placement of Seafarers Convention, 1996 (No. 179)
- C180 -
Seafarers' Hours of Work and the Manning of Ships Convention, 1996 (No.
180)
- C181 -
Private Employment Agencies Convention, 1997 (No. 181)
- C182 -
Worst Forms of Child Labour Convention, 1999 (No. 182)
- C183 -
Maternity Protection Convention, 2000 (No. 183)
- C184 -
Safety and Health in Agriculture Convention, 2001 (No. 184)
- C185 -
Seafarers' Identity Documents Convention (Revised), 2003 (No. 185)
- MLC -
Maritime Labour Convention, 2006 (MLC, 2006)
- C187 -
Promotional Framework for Occupational Safety and Health Convention, 2006
(No. 187)
- C188 -
Work in Fishing Convention, 2007 (No. 188)
- C189 -
Domestic Workers Convention, 2011 (No. 189)
- P029 -
Protocol of 2014 to the Forced Labour Convention, 1930
- P081 -
Protocol of 1995 to the Labour Inspection Convention, 1947
- P089 -
Protocol of 1990 to the Night Work (Women) Convention (Revised), 1948
- P110 -
Protocol of 1982 to the Plantations Convention, 1958
- P147 -
Protocol of 1996 to the Merchant Shipping (Minimum Standards) Convention,
1976
- P155 -
Protocol of 2002 to the Occupational Safety and Health Convention, 1981
Worst Forms of Child
Labour Convention, 1999 (No. 182)
Convention concerning
the Prohibition and Immediate Action for the Elimination of the Worst Forms of
Child Labour
The General Conference of the International Labour
Organization,
Having been convened at Geneva by the Governing
Body of the International Labour Office, and having met in its 87th Session on
1 June 1999, and
Considering the need to adopt new instruments for
the prohibition and elimination of the worst forms of child labour, as the main
priority for national and international action, including international
cooperation and assistance, to complement the Convention and the Recommendation
concerning Minimum Age for Admission to Employment, 1973, which remain
fundamental instruments on child labour, and
Considering that the effective elimination of the
worst forms of child labour requires immediate and comprehensive action, taking
into account the importance of free basic education and the need to remove the
children concerned from all such work and to provide for their rehabilitation
and social integration while addressing the needs of their families, and
Recalling the resolution concerning the elimination
of child labour adopted by the International Labour Conference at its 83rd
Session in 1996, and
Recognizing that child labour is to a great extent
caused by poverty and that the long-term solution lies in sustained economic
growth leading to social progress, in particular poverty alleviation and universal
education, and
Recalling the Convention on the Rights of the Child
adopted by the United Nations General Assembly on 20 November 1989, and
Recalling the ILO Declaration on Fundamental
Principles and Rights at Work and its Follow-up, adopted by the International
Labour Conference at its 86th Session in 1998, and
Recalling that some of the worst forms of child
labour are covered by other international instruments, in particular the Forced
Labour Convention, 1930, and the United Nations Supplementary Convention on the
Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar
to Slavery, 1956, and
Having decided upon the adoption of certain
proposals with regard to child labour, which is the fourth item on the agenda
of the session, and
Having determined that these proposals shall take
the form of an international Convention;
adopts this seventeenth day of June of the year one
thousand nine hundred and ninety-nine the following Convention, which may be
cited as the Worst Forms of Child Labour Convention, 1999.
Each Member which ratifies this Convention shall
take immediate and effective measures to secure the prohibition and elimination
of the worst forms of child labour as a matter of urgency.
For the purposes of this Convention, the term child
shall apply to all persons under the age of 18.
For the purposes of this Convention, the term the
worst forms of child labour comprises:
- (a)
all forms of slavery or practices similar to slavery, such as the sale and
trafficking of children, debt bondage and serfdom and forced or compulsory
labour, including forced or compulsory recruitment of children for use in
armed conflict;
- (b)
the use, procuring or offering of a child for prostitution, for the
production of pornography or for pornographic performances;
- (c)
the use, procuring or offering of a child for illicit activities, in
particular for the production and trafficking of drugs as defined in the
relevant international treaties;
- (d)
work which, by its nature or the circumstances in which it is carried out,
is likely to harm the health, safety or morals of children.
- 1. The types of work referred to under Article
3(d) shall be determined by national laws or regulations or by the competent
authority, after consultation with the organizations of employers and
workers concerned, taking into consideration relevant international
standards, in particular Paragraphs 3 and 4 of the Worst Forms of Child
Labour Recommendation, 1999.
- 2. The competent authority, after consultation
with the organizations of employers and workers concerned, shall identify
where the types of work so determined exist.
- 3. The list of the types of work determined
under paragraph 1 of this Article shall be periodically examined and
revised as necessary, in consultation with the organizations of employers
and workers concerned.
Each Member shall, after consultation with
employers' and workers' organizations, establish or designate appropriate
mechanisms to monitor the implementation of the provisions giving effect to
this Convention.
- 1. Each Member shall design and implement
programmes of action to eliminate as a priority the worst forms of child
labour.
- 2. Such programmes of action shall be designed
and implemented in consultation with relevant government institutions and
employers' and workers' organizations, taking into consideration the views
of other concerned groups as appropriate.
- 1. Each Member shall take all necessary
measures to ensure the effective implementation and enforcement of the
provisions giving effect to this Convention including the provision and
application of penal sanctions or, as appropriate, other sanctions.
- 2. Each Member shall, taking into account the
importance of education in eliminating child labour, take effective and
time-bound measures to:
- (a) prevent the engagement of children in the
worst forms of child labour;
- (b) provide the necessary and appropriate
direct assistance for the removal of children from the worst forms of
child labour and for their rehabilitation and social integration;
- (c) ensure access to free basic education,
and, wherever possible and appropriate, vocational training, for all
children removed from the worst forms of child labour;
- (d) identify and reach out to children at
special risk; and
- (e) take account of the special situation of
girls.
- 3. Each Member shall designate the competent
authority responsible for the implementation of the provisions giving
effect to this Convention.
Members shall take appropriate steps to assist one
another in giving effect to the provisions of this Convention through enhanced
international cooperation and/or assistance including support for social and
economic development, poverty eradication programmes and universal education.
The formal ratifications of this Convention shall
be communicated to the Director-General of the International Labour Office for
registration.
- 1. This Convention shall be binding only upon
those Members of the International Labour Organization whose ratifications
have been registered with the Director-General of the International Labour
Office.
- 2. It shall come into force 12 months after
the date on which the ratifications of two Members have been registered
with the Director-General.
- 3. Thereafter, this Convention shall come into
force for any Member 12 months after the date on which its ratification
has been registered.
- 1. A Member which has ratified this Convention
may denounce it after the expiration of ten years from the date on which
the Convention first comes into force, by an act communicated to the
Director-General of the International Labour Office for registration. Such
denunciation shall not take effect until one year after the date on which
it is registered.
- 2. Each Member which has ratified this
Convention and which does not, within the year following the expiration of
the period of ten years mentioned in the preceding paragraph, exercise the
right of denunciation provided for in this Article, will be bound for
another period of ten years and, thereafter, may denounce this Convention
at the expiration of each period of ten years under the terms provided for
in this Article.
- 1. The Director-General of the International
Labour Office shall notify all Members of the International Labour
Organization of the registration of all ratifications and acts of
denunciation communicated by the Members of the Organization.
- 2. When notifying the Members of the
Organization of the registration of the second ratification, the
Director-General shall draw the attention of the Members of the
Organization to the date upon which the Convention shall come into force.
The Director-General of the International Labour
Office shall communicate to the Secretary-General of the United Nations, for
registration in accordance with article 102 of the Charter of the United
Nations, full particulars of all ratifications and acts of denunciation
registered by the Director-General in accordance with the provisions of the
preceding Articles.
At such times as it may consider necessary, the
Governing Body of the International Labour Office shall present to the General
Conference a report on the working of this Convention and shall examine the
desirability of placing on the agenda of the Conference the question of its
revision in whole or in part.
- 1. Should the Conference adopt a new
Convention revising this Convention in whole or in part, then, unless the
new Convention otherwise provides --
- (a) the ratification by a Member of the new
revising Convention shall ipso jure involve the immediate denunciation of
this Convention, notwithstanding the provisions of Article 11 above, if
and when the new revising Convention shall have come into force;
- (b) as from the date when the new revising
Convention comes into force, this Convention shall cease to be open to
ratification by the Members.
- 2. This Convention shall in any case remain in
force in its actual form and content for those Members which have ratified
it but have not ratified the revising Convention.
The English and French versions of the text of this
Convention are equally authoritative.
Equal Remuneration
Convention, 1951 (No. 100)
Preamble
The
General Conference of the International Labour Organisation,
Having
been convened at Geneva by the Governing Body of the International Labour
Office, and having met in its Thirty-fourth Session on 6 June 1951, and
Having
decided upon the adoption of certain proposals with regard to the principle of
equal remuneration for men and women workers for work of equal value, which is
the seventh item on the agenda of the session, and
Having
determined that these proposals shall take the form of an international
Convention,
adopts
this twenty-ninth day of June of the year one thousand nine hundred and
fifty-one the following Convention, which may be cited as the Equal
Remuneration Convention, 1951:
Article 1
For the
purpose of this Convention--
- (a)
the term remuneration includes the ordinary, basic or minimum
wage or salary and any additional emoluments whatsoever payable directly
or indirectly, whether in cash or in kind, by the employer to the worker
and arising out of the worker's employment;
- (b)
the term equal remuneration for men and women workers for work of
equal value refers to rates of remuneration established without
discrimination based on sex.
Article 2
- 1. Each Member shall, by
means appropriate to the methods in operation for determining rates of
remuneration, promote and, in so far as is consistent with such methods,
ensure the application to all workers of the principle of equal
remuneration for men and women workers for work of equal value.
- 2. This principle may be
applied by means of--
- (a) national laws or regulations;
- (b) legally established or
recognised machinery for wage determination;
- (c) collective agreements between
employers and workers; or
- (d) a combination of these various
means.
Article 3
- 1. Where such action will
assist in giving effect to the provisions of this Convention measures
shall be taken to promote objective appraisal of jobs on the basis of the
work to be performed.
- 2. The methods to be
followed in this appraisal may be decided upon by the authorities
responsible for the determination of rates of remuneration, or, where such
rates are determined by collective agreements, by the parties thereto.
- 3. Differential rates
between workers which correspond, without regard to sex, to differences,
as determined by such objective appraisal, in the work to be performed
shall not be considered as being contrary to the principle of equal
remuneration for men and women workers for work of equal value.
Article 4
Each
Member shall co-operate as appropriate with the employers' and workers'
organisations concerned for the purpose of giving effect to the provisions of
this Convention.
Article 5
The
formal ratifications of this Convention shall be communicated to the
Director-General of the International Labour Office for registration.
Article 6
- 1. This Convention shall be binding only upon
those Members of the International Labour Organisation whose ratifications
have been registered with the Director-General.
- 2. It shall come into force twelve months after
the date on which the ratifications of two Members have been registered
with the Director-General.
- 3. Thereafter, this
Convention shall come into force for any Member twelve months after the
date on which its ratification has been registered.
Article 7
- 1. Declarations communicated to the
Director-General of the International Labour Office in accordance with
paragraph 2 of Article 35 of the Constitution of the International Labour
Organisation shall indicate --
- (a) the territories in respect of
which the Member concerned undertakes that the provisions of the
Convention shall be applied without modification;
- (b) the territories in respect of
which it undertakes that the provisions of the Convention shall be
applied subject to modifications, together with details of the said
modifications;
- (c) the territories in respect of
which the Convention is inapplicable and in such cases the grounds on
which it is inapplicable;
- (d) the territories in respect of
which it reserves its decision pending further consideration of the
position.
- 2. The undertakings referred to in
subparagraphs (a) and (b) of paragraph 1 of this Article shall be deemed
to be an integral part of the ratification and shall have the force of
ratification.
- 3. Any Member may at any time by a subsequent
declaration cancel in whole or in part any reservation made in its
original declaration in virtue of subparagraph (b), (c) or (d) of
paragraph 1 of this Article.
- 4. Any Member may, at any
time at which the Convention is subject to denunciation in accordance with
the provisions of Article 9, communicate to the Director-General a declaration
modifying in any other respect the terms of any former declaration and
stating the present position in respect of such territories as it may
specify.
Article 8
- 1. Declarations communicated
to the Director-General of the International Labour Office in accordance
with paragraph 4 or 5 of Article 35 of the Constitution of the
International Labour Organisation shall indicate whether the provisions of
the Convention will be applied in the territory concerned without
modification or subject to modifications; when the declaration indicates
that the provisions of the Convention will be applied subject to
modifications, it shall give details of the said modifications.
- 2. The Member, Members or
international authority concerned may at any time by a subsequent declaration
renounce in whole or in part the right to have recourse to any
modification indicated in any former declaration.
- 3. The Member, Members or
international authority concerned may, at any time at which this
Convention is subject to denunciation in accordance with the provisions of
Article 9, communicate to the Director-General a declaration modifying in
any other respect the terms of any former declaration and stating the
present position in respect of the application of the Convention.
Article 9
- 1. A Member which has
ratified this Convention may denounce it after the expiration of ten years
from the date on which the Convention first comes into force, by an act
communicated to the Director-General of the International Labour Office
for registration. Such denunciation shall not take effect until one year
after the date on which it is registered.
- 2. Each Member which has
ratified this Convention and which does not, within the year following the
expiration of the period of ten years mentioned in the preceding
paragraph, exercise the right of denunciation provided for in this
Article, will be bound for another period of ten years and, thereafter,
may denounce this Convention at the expiration of each period of ten years
under the terms provided for in this Article.
Article 10
- 1. The Director-General of the International
Labour Office shall notify all Members of the International Labour
Organisation of the registration of all ratifications, declarations and
denunciations communicated to him by the Members of the Organisation.
- 2. When notifying the Members of the
Organisation of the registration of the second ratification communicated
to him, the Director-General shall draw the attention of the Members of
the Organisation to the date upon which the Convention will come into
force.
Article 11
The Director-General of the International Labour Office shall communicate to the Secretary-General of the United Nations for registration in accordance with Article 102 of the Charter of the United Nations full particulars of all ratifications, declarations and acts of denunciation registered by him in accordance with the provisions of the preceding articles.
Article 12
At such times as may consider necessary the Governing Body of the International Labour Office shall present to the General Conference a report on the working of this Convention and shall examine the desirability of placing on the agenda of the Conference the question of its revision in whole or in part.
Article 13
- 1. Should the Conference adopt a
new Convention revising this Convention in whole or in part, then, unless
the new Convention otherwise provides--
- (a) the ratification by a Member
of the new revising Convention shall ipso jure involve the immediate
denunciation of this Convention, notwithstanding the provisions of
Article 9 above, if and when the new revising Convention shall have come
into force;
- (b) as from the date when the new
revising Convention comes into force this Convention shall cease to be
open to ratification by the Members.
- 2. This Convention shall in any
case remain in force in its actual form and content for those Members
which have ratified it but have not ratified the revising Convention.
Article 14
The English and French versions of the text of this Convention are equally authoritative.
Right to Organise and Collective Bargaining Convention, 1949 (No. 98)
Convention concerning the Application of the Principles of the Right to Organise and to Bargain Collectively
Preamble
The General Conference of the International Labour Organisation,
Having been convened at Geneva by the Governing Body of the International Labour Office, and having met in its Thirty-second Session on 8 June 1949, and
Having decided upon the adoption of certain proposals concerning the application of the principles of the right to organise and to bargain collectively, which is the fourth item on the agenda of the session, and
Having determined that these proposals shall take the form of an international Convention,
adopts this first day of July of the year one thousand nine hundred and forty-nine the following Convention, which may be cited as the Right to Organise and Collective Bargaining Convention, 1949:
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' organisations shall enjoy adequate protection
against any acts of interference by each other or each other's agents or
members in their establishment, functioning or administration.
- 2.
In particular, acts which are designed to promote the establishment of
workers' organisations under the domination of employers or employers'
organisations, or to support workers' organisations by financial or other
means, with the object of placing such organisations under the control of
employers or employers' organisations, 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 organise 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' organisations and workers' organisations, with a view to the regulation of terms and conditions of employment by means of collective agreements.
Article 5
- 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 Organisation 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.
Article 7
The formal ratifications of this Convention shall be communicated to the Director-General of the International Labour Office for registration.
Article 8
- 1.
This Convention shall be binding only upon those Members of the
International Labour Organisation whose ratifications have been registered
with the Director-General.
- 2.
It shall come into force twelve months after the date on which the ratifications
of two Members have been registered with the Director-General.
- 3.
Thereafter, this Convention shall come into force for any Member twelve
months after the date on which its ratification has been registered.
Article 9
- 1.
Declarations communicated to the Director-General of the International
Labour Office in accordance with paragraph 2 of Article 35 of the
Constitution of the International Labour Organisation shall indicate --
- (a) the territories in respect of
which the Member concerned undertakes that the provisions of the
Convention shall be applied without modification;
- (b) the territories in respect of
which it undertakes that the provisions of the Convention shall be
applied subject to modifications, together with details of the said
modifications;
- (c) the territories in respect of
which the Convention is inapplicable and in such cases the grounds on
which it is inapplicable;
- (d) the territories in respect of
which it reserves its decision pending further consideration of the
position.
- 2.
The undertakings referred to in subparagraphs (a) and (b) of paragraph 1
of this Article shall be deemed to be an integral part of the ratification
and shall have the force of ratification.
- 3. Any Member may at any time by a
subsequent declaration cancel in whole or in part any reservation made in
its original declaration in virtue of subparagraph (b), (c) or (d) of
paragraph 1 of this Article.
- 4. Any Member may, at any time at
which the Convention is subject to denunciation in accordance with the
provisions of Article 11, communicate to the Director-General a
declaration modifying in any other respect the terms of any former
declaration and stating the present position in respect of such
territories as it may specify.
Article 10
- 1.
Declarations communicated to the Director-General of the International
Labour Office in accordance with paragraph 4 or 5 of Article 35 of the
Constitution of the International Labour Organisation shall indicate
whether the provisions of the Convention will be applied in the territory concerned
without modification or subject to modifications; when the declaration
indicates that the provisions of the Convention will be applied subject to
modifications, it shall give details of the said modifications.
- 2.
The Member, Members or international authority concerned may at any time
by a subsequent declaration renounce in whole or in part the right to have
recourse to any modification indicated in any former declaration.
- 3.
The Member, Members or international authority concerned may, at any time
at which this Convention is subject to denunciation in accordance with the
provisions of Article 11, communicate to the Director-General a
declaration modifying in any other respect the terms of any former
declaration and stating the present position in respect of the application
of the Convention.
Article 11
- 1.
A Member which has ratified this Convention may denounce it after the
expiration of ten years from the date on which the Convention first comes
into force, by an act communicated to the Director-General of the
International Labour Office for registration. Such denunciation shall not
take effect until one year after the date on which it is registered.
- 2.
Each Member which has ratified this Convention and which does not, within
the year following the expiration of the period of ten years mentioned in
the preceding paragraph, exercise the right of denunciation provided for
in this Article, will be bound for another period of ten years and,
thereafter, may denounce this Convention at the expiration of each period
of ten years under the terms provided for in this Article.
Article 12
- 1.
The Director-General of the International Labour Office shall notify all
Members of the International Labour Organisation of the registration of
all ratifications, declarations and denunciations communicated to him by
the Members of the Organisation.
- 2.
When notifying the Members of the Organisation of the registration of the
second ratification communicated to him, the Director-General shall draw
the attention of the Members of the Organisation to the date upon which
the Convention will come into force.
Article 13
The Director-General of the International Labour Office shall communicate to the Secretary-General of the United Nations for registration in accordance with Article 102 of the Charter of the United Nations full particulars of all ratifications, declarations and acts of denunciation registered by him in accordance with the provisions of the preceding articles.
Article 14
At such times as it may consider necessary the Governing Body of the International Labour Office shall present to the General Conference a report on the working of this Convention and shall examine the desirability of placing on the agenda of the Conference the question of its revision in whole or in part.
Article 15
- 1. Should the Conference adopt a new Convention
revising this Convention in whole or in part, then, unless the new
Convention otherwise provides,
- (a) the ratification by a Member
of the new revising Convention shall ipso jure involve the immediate
denunciation of this Convention, notwithstanding the provisions of
Article 11 above, if and when the new revising Convention shall have come
into force;
- (b) as from the date when the new
revising Convention comes into force, this Convention shall cease to be
open to ratification by the Members.
- 2. This Convention shall in any case remain in
force in its actual form and content for those Members which have ratified
it but have not ratified the revising Convention.
Abolition of Forced Labour Convention, 1957 (No. 105)
Convention concerning the Abolition of Forced Labour
Preamble
The General Conference of the International Labour Organisation,
Having been convened at Geneva by the Governing Body of the International Labour Office, and having met in its Fortieth Session on 5 June 1957, and
Having considered the question of forced labour, which is the fourth item on the agenda of the session, and
Having noted the provisions of the Forced Labour Convention, 1930, and
Having noted that the Slavery Convention, 1926, provides that all necessary measures shall be taken to prevent compulsory or forced labour from developing into conditions analogous to slavery and that the Supplementary Convention on the Abolition of Slavery, the Slave Trade and Institutions and Practices Similar to Slavery, 1956, provides for the complete abolition of debt bondage and serfdom, and
Having noted that the Protection of Wages Convention, 1949, provides that wages shall be paid regularly and prohibits methods of payment which deprive the worker of a genuine possibility of terminating his employment, and
Having decided upon the adoption of further proposals with regard to the abolition of certain forms of forced or compulsory labour constituting a violation of the rights of man referred to in the Charter of the United Nations and enunciated by the Universal Declaration of Human Rights, and
Having determined that these proposals shall take the form of an international Convention,
adopts this twenty-fifth day of June of the year one thousand nine hundred and fifty-seven the following Convention, which may be cited as the Abolition of Forced Labour Convention, 1957:
Article 1
Each Member of the International Labour Organisation which ratifies this Convention undertakes to suppress and not to make use of any form of forced or compulsory labour--
- (a) 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;
- (b) as a method of mobilising and using labour
for purposes of economic development;
- (c) as a means of labour discipline;
- (d) as a punishment for having participated in
strikes;
- (e) as a means of racial, social, national or
religious discrimination.
Article 2
Each Member of the International Labour Organisation which ratifies this Convention undertakes to take effective measures to secure the immediate and complete abolition of forced or compulsory labour as specified in Article 1 of this Convention.
Article 3
The formal ratifications of this Convention shall be communicated to the Director-General of the International Labour Office for registration.
Article 4
- 1. This Convention shall be binding only upon
those Members of the International Labour Organisation whose ratifications
have been registered with the Director-General.
- 2. It shall come into force twelve months after
the date on which the ratifications of two Members have been registered
with the Director-General.
- 3. Thereafter, this Convention shall come into
force for any Member twelve months after the date on which its
ratification has been registered.
Article 5
- 1. A Member which has ratified this Convention
may denounce it after the expiration of ten years from the date on which
the Convention first comes into force, by an act communicated to the
Director-General of the International Labour Office for registration. Such
denunciation shall not take effect until one year after the date on which
it is registered.
- 2. Each Member which has ratified this
Convention and which does not, within the year following the expiration of
the period of ten years mentioned in the preceding paragraph, exercise the
right of denunciation provided for in this Article, will be bound for
another period of ten years and, thereafter, may denounce this Convention
at the expiration of each period of ten years under the terms provided for
in this Article.
Article 6
- 1. The Director-General of the International
Labour Office shall notify all Members of the International Labour
Organisation of the registration of all ratifications and denunciations
communicated to him by the Members of the Organisation.
- 2. When notifying the Members of the
Organisation of the registration of the second ratification communicated
to him, the Director-General shall draw the attention of the Members of
the Organisation to the date upon which the Convention will come into
force.
Article 7
The Director-General of the International Labour Office shall communicate to the Secretary-General of the United Nations for registration in accordance with Article 102 of the Charter of the United Nations full particulars of all ratifications and acts of denunciation registered by him in accordance with the provisions of the preceding Articles.
Article 8
At such times as it may consider necessary the Governing Body of the International Labour Office shall present to the General Conference a report on the working of this Convention and shall examine the desirability of placing on the agenda of the Conference the question of its revision in whole or in part.
Article 9
- 1. Should the Conference adopt a new Convention
revising this Convention in whole or in part, then, unless the new
Convention otherwise provides:
- (a) the ratification by a Member
of the new revising Convention shall ipso jure involve the immediate
denunciation of this Convention, notwithstanding the provisions of
Article 5 above, if and when the new revising Convention shall have come
into force;
- (b) as from the date when the new
revising Convention comes into force this Convention shall cease to be
open to ratification by the Members.
- 2. This Convention shall in any case remain in
force in its actual form and content for those Members which have ratified
it but have not ratified the revising Convention.
Article 10
The English and French versions of the text of this Convention are equally authoritative.
Discrimination (Employment and Occupation) Convention, 1958 (No. 111)
Convention concerning Discrimination in Respect of Employment and Occupation
Preamble
The General Conference of the International Labour Organisation,
Having been convened at Geneva by the Governing Body of the International Labour Office, and having met in its Forty-second Session on 4 June 1958, and
Having decided upon the adoption of certain proposals with regard to discrimination in the field of employment and occupation, which is the fourth item on the agenda of the session, and
Having determined that these proposals shall take the form of an international Convention, and
Considering that the Declaration of Philadelphia affirms that all human beings, irrespective of race, creed or sex, have the right to pursue both their material well-being and their spiritual development in conditions of freedom and dignity, of economic security and equal opportunity, and
Considering further that discrimination constitutes a violation of rights enunciated by the Universal Declaration of Human Rights,
adopts this twenty-fifth day of June of the year one thousand nine hundred and fifty-eight the following Convention, which may be cited as the Discrimination (Employment and Occupation) Convention, 1958:
Article 1
- 1. For the purpose of this Convention the term discrimination
includes--
- (a) any distinction, exclusion or
preference made on the basis of race, colour, sex, religion, political
opinion, national extraction or social origin, which has the effect of
nullifying or impairing equality of opportunity or treatment in
employment or occupation;
- (b) such other distinction,
exclusion or preference which has the effect of nullifying or impairing
equality of opportunity or treatment in employment or occupation as may
be determined by the Member concerned after consultation with
representative employers' and workers' organisations, where such exist,
and with other appropriate bodies.
- 2. Any distinction, exclusion or preference in
respect of a particular job based on the inherent requirements thereof
shall not be deemed to be discrimination.
- 3. For the purpose of this
Convention the terms employment and occupation
include access to vocational training, access to employment and to
particular occupations, and terms and conditions of employment.
Article 2
Each Member for which this Convention is in force undertakes to declare and pursue a national policy designed to promote, by methods appropriate to national conditions and practice, equality of opportunity and treatment in respect of employment and occupation, with a view to eliminating any discrimination in respect thereof.
Article 3
Each Member for which this Convention is in force undertakes, by methods appropriate to national conditions and practice--
- (a) to seek the co-operation of employers' and
workers' organisations and other appropriate bodies in promoting the
acceptance and observance of this policy;
- (b) to enact such legislation and to promote
such educational programmes as may be calculated to secure the acceptance
and observance of the policy;
- (c) to repeal any statutory provisions and
modify any administrative instructions or practices which are inconsistent
with the policy;
- (d) to pursue the policy in respect of
employment under the direct control of a national authority;
- (e) to ensure observance of the policy in the
activities of vocational guidance, vocational training and placement services
under the direction of a national authority;
- (f) to indicate in its annual reports on the
application of the Convention the action taken in pursuance of the policy
and the results secured by such action.
Article 4
Any measures affecting an individual who is justifiably suspected of, or engaged in, activities prejudicial to the security of the State shall not be deemed to be discrimination, provided that the individual concerned shall have the right to appeal to a competent body established in accordance with national practice.
Article 5
- 1. Special measures of protection or assistance
provided for in other Conventions or Recommendations adopted by the
International Labour Conference shall not be deemed to be discrimination.
- 2. Any Member may, after consultation with
representative employers' and workers' organisations, where such exist,
determine that other special measures designed to meet the particular
requirements of persons who, for reasons such as sex, age, disablement,
family responsibilities or social or cultural status, are generally
recognised to require special protection or assistance, shall not be
deemed to be discrimination.
Article 6
Each Member which ratifies this Convention undertakes to apply it to non-metropolitan territories in accordance with the provisions of the Constitution of the International Labour Organisation.
Article 7
The formal ratifications of this Convention shall be communicated to the Director-General of the International Labour Office for registration.
Article 8
- 1. This Convention shall be binding only upon
those Members of the International Labour Organisation whose ratifications
have been registered with the Director-General.
- 2. It shall come into force twelve months after
the date on which the ratifications of two Members have been registered
with the Director-General.
- 3. Thereafter, this Convention shall come into
force for any Member twelve months after the date on which its
ratification has been registered.
Article 9
- 1. A Member which has ratified this Convention may
denounce it after the expiration of ten years from the date on which the
Convention first comes into force, by an act communicated to the
Director-General of the International Labour Office for registration. Such
denunciation shall not take effect until one year after the date on which
it is registered.
- 2. Each Member which has ratified this
Convention and which does not, within the year following the expiration of
the period of ten years mentioned in the preceding paragraph, exercise the
right of denunciation provided for in this Article, will be bound for
another period of ten years and, thereafter, may denounce this Convention
at the expiration of each period of ten years under the terms provided for
in this Article.
Article 10
- 1. The Director-General of the International
Labour Office shall notify all Members of the International Labour
Organisation of the registration of all ratifications and denunciations
communicated to him by the Members of the Organisation.
- 2. When notifying the Members of the Organisation
of the registration of the second ratification communicated to him, the
Director-General shall draw the attention of the Members of the
Organisation to the date upon which the Convention will come into force.
Article 11
The Director-General of the International Labour Office shall communicate to the Secretary-General of the United Nations for registration in accordance with Article 102 of the Charter of the United Nations full particulars of all ratifications and acts of denunciation registered by him in accordance with the provisions of the preceding Articles.
Article 12
At such times as it may consider necessary the Governing Body of the International Labour Office shall present to the General Conference a report on the working of this Convention and shall examine the desirability of placing on the agenda of the Conference the question of its revision in whole or in part.
Article 13
- 1. Should the Conference adopt a new Convention
revising this Convention in whole or in part, then, unless the new Convention
otherwise provides:
- (a) the ratification by a Member
of the new revising Convention shall ipso jure involve the immediate
denunciation of this Convention, notwithstanding the provisions of
Article 9 above, if and when the new revising Convention shall have come
into force;
- (b) as from the date when the new
revising Convention comes into force, this Convention shall cease to be
open to ratification by the Members.
- 2. This Convention shall in any case remain in
force in its actual form and content for those Members which have ratified
it but have not ratified the revising Convention.
Article 14
The English and French versions of the text of this Convention are equally authoritative.
Minimum Age Convention, 1973 (No. 138)
Convention concerning Minimum Age for Admission to Employment
Preamble
The General Conference of the International Labour Organisation,
Having been convened at Geneva by the Governing Body of the International Labour Office, and having met in its Fifty-eighth Session on 6 June 1973, and
Having decided upon the adoption of certain proposals with regard to minimum age for admission to employment, which is the fourth item on the agenda of the session, and
Noting the terms of the Minimum Age (Industry) Convention, 1919, the Minimum Age (Sea) Convention, 1920, the Minimum Age (Agriculture) Convention, 1921, the Minimum Age (Trimmers and Stokers) Convention, 1921, the Minimum Age (Non-Industrial Employment) Convention, 1932, the Minimum Age (Sea) Convention (Revised), 1936, the Minimum Age (Industry) Convention (Revised), 1937, the Minimum Age (Non-Industrial Employment) Convention (Revised), 1937, the Minimum Age (Fishermen) Convention, 1959, and the Minimum Age (Underground Work) Convention, 1965, and
Considering that the time has come to establish a general instrument on the subject, which would gradually replace the existing ones applicable to limited economic sectors, with a view to achieving the total abolition of child labour, and
Having determined that these proposals shall take the form of an international Convention,
adopts this twenty-sixth day of June of the year one thousand nine hundred and seventy-three the following Convention, which may be cited as the Minimum Age Convention, 1973:
Article 1
Each Member for which this Convention is in force undertakes to pursue a national policy designed to ensure the effective abolition of child labour and to raise progressively the minimum age for admission to employment or work to a level consistent with the fullest physical and mental development of young persons.
Article 2
- 1. Each Member which ratifies this Convention
shall specify, in a declaration appended to its ratification, a minimum
age for admission to employment or work within its territory and on means
of transport registered in its territory; subject to Articles 4 to 8 of
this Convention, no one under that age shall be admitted to employment or
work in any occupation.
- 2. Each Member which has ratified this
Convention may subsequently notify the Director-General of the International
Labour Office, by further declarations, that it specifies a minimum age
higher than that previously specified.
- 3. The minimum age specified
in pursuance of paragraph 1 of this Article shall not be less than the age
of completion of compulsory schooling and, in any case, shall not be less
than 15 years.
- 4. Notwithstanding the
provisions of paragraph 3 of this Article, a Member whose economy and
educational facilities are insufficiently developed may, after
consultation with the organisations of employers and workers concerned,
where such exist, initially specify a minimum age of 14 years.
- 5. Each Member which has
specified a minimum age of 14 years in pursuance of the provisions of the
preceding paragraph shall include in its reports on the application of
this Convention submitted under article 22 of the Constitution of the
International Labour Organisation a statement--
- (a) that its reason for doing so
subsists; or
- (b) that it renounces its right to
avail itself of the provisions in question as from a stated date.
Article 3
- 1. The minimum age for admission to any type of
employment or work which by its nature or the circumstances in which it is
carried out is likely to jeopardise the health, safety or morals of young
persons shall not be less than 18 years.
- 2. The types of employment or work to which
paragraph 1 of this Article applies shall be determined by national laws
or regulations or by the competent authority, after consultation with the
organisations of employers and workers concerned, where such exist.
- 3. Notwithstanding the provisions of paragraph
1 of this Article, national laws or regulations or the competent authority
may, after consultation with the organisations of employers and workers
concerned, where such exist, authorise employment or work as from the age
of 16 years on condition that the health, safety and morals of the young
persons concerned are fully protected and that the young persons have
received adequate specific instruction or vocational training in the
relevant branch of activity.
Article 4
- 1.
In so far as necessary, the competent authority, after consultation with
the organisations of employers and workers concerned, where such exist,
may exclude from the application of this Convention limited categories of
employment or work in respect of which special and substantial problems of
application arise.
- 2.
Each Member which ratifies this Convention shall list in its first report
on the application of the Convention submitted under article 22 of the
Constitution of the International Labour Organisation any categories which
may have been excluded in pursuance of paragraph 1 of this Article, giving
the reasons for such exclusion, and shall state in subsequent reports the
position of its law and practice in respect of the categories excluded and
the extent to which effect has been given or is proposed to be given to
the Convention in respect of such categories.
- 3.
Employment or work covered by Article 3 of this Convention shall not be
excluded from the application of the Convention in pursuance of this
Article.
Article 5
- 1. A Member whose economy and administrative
facilities are insufficiently developed may, after consultation with the
organisations of employers and workers concerned, where such exist,
initially limit the scope of application of this Convention.
- 2. Each Member which avails itself of the
provisions of paragraph 1 of this Article shall specify, in a declaration
appended to its ratification, the branches of economic activity or types
of undertakings to which it will apply the provisions of the Convention.
- 3. The provisions of the
Convention shall be applicable as a minimum to the following: mining and
quarrying; manufacturing; construction; electricity, gas and water;
sanitary services; transport, storage and communication; and 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.
- 4. Any Member which has
limited the scope of application of this Convention in pursuance of this
Article--
- (a) shall indicate in its reports
under Article 22 of the Constitution of the International Labour
Organisation the general position as regards the employment or work of
young persons and children in the branches of activity which are excluded
from the scope of application of this Convention and any progress which
may have been made towards wider application of the provisions of the
Convention;
- (b) may at any time formally
extend the scope of application by a declaration addressed to the
Director-General of the International Labour Office.
Article 6
This Convention does not apply to work done by children and young persons in schools for general, vocational or technical education or in other training institutions, or to work done by persons at least 14 years of age in undertakings, where such work is carried out in accordance with conditions prescribed by the competent authority, after consultation with the organisations of employers and workers concerned, where such exist, and is an integral part of--
- (a) a course of education or training for which
a school or training institution is primarily responsible;
- (b) a programme of training mainly or entirely
in an undertaking, which programme has been approved by the competent
authority; or
- (c) a programme of guidance or orientation
designed to facilitate the choice of an occupation or of a line of
training.
Article 7
- 1. National laws or regulations may permit the
employment or work of persons 13 to 15 years of age on light work which
is--
- (a) not likely to be harmful to
their health or development; and
- (b) not such as to prejudice their
attendance at school, their participation in vocational orientation or
training programmes approved by the competent authority or their capacity
to benefit from the instruction received.
- 2. National laws or regulations may also permit
the employment or work of persons who are at least 15 years of age but
have not yet completed their compulsory schooling on work which meets the
requirements set forth in sub-paragraphs (a) and (b) of paragraph 1 of
this Article.
- 3. The competent authority shall determine the
activities in which employment or work may be permitted under paragraphs 1
and 2 of this Article and shall prescribe the number of hours during which
and the conditions in which such employment or work may be undertaken.
- 4. Notwithstanding the provisions of paragraphs
1 and 2 of this Article, a Member which has availed itself of the
provisions of paragraph 4 of Article 2 may, for as long as it continues to
do so, substitute the ages 12 and 14 for the ages 13 and 15 in paragraph 1
and the age 14 for the age 15 in paragraph 2 of this Article.
Article 8
- 1. After consultation with the organisations of
employers and workers concerned, where such exist, the competent authority
may, by permits granted in individual cases, allow exceptions to the
prohibition of employment or work provided for in Article 2 of this
Convention, for such purposes as participation in artistic performances.
- 2. Permits so granted shall limit the number of
hours during which and prescribe the conditions in which employment or
work is allowed.
Article 9
- 1.
All necessary measures, including the provision of appropriate penalties,
shall be taken by the competent authority to ensure the effective
enforcement of the provisions of this Convention.
- 2.
National laws or regulations or the competent authority shall define the
persons responsible for compliance with the provisions giving effect to
the Convention.
- 3.
National laws or regulations or the competent authority shall prescribe
the registers or other documents which shall be kept and made available by
the employer; such registers or documents shall contain the names and ages
or dates of birth, duly certified wherever possible, of persons whom he
employs or who work for him and who are less than 18 years of age.
Article 10
- 1. This Convention revises, on the terms set
forth in this Article, the Minimum Age (Industry) Convention, 1919, the
Minimum Age (Sea) Convention, 1920, the Minimum Age (Agriculture)
Convention, 1921, the Minimum Age (Trimmers and Stokers) Convention, 1921,
the Minimum Age (Non-Industrial Employment) Convention, 1932, the Minimum
Age (Sea) Convention (Revised), 1936, the Minimum Age (Industry)
Convention (Revised), 1937, the Minimum Age (Non-Industrial Employment)
Convention (Revised), 1937, the Minimum Age (Fishermen) Convention, 1959,
and the Minimum Age (Underground Work) Convention, 1965.
- 2. The coming into force of this Convention shall
not close the Minimum Age (Sea) Convention (Revised), 1936, the Minimum
Age (Industry) Convention (Revised), 1937, the Minimum Age (Non-Industrial
Employment) Convention (Revised), 1937, the Minimum Age (Fishermen)
Convention, 1959, or the Minimum Age (Underground Work) Convention, 1965,
to further ratification.
- 3. The Minimum Age (Industry) Convention, 1919,
the Minimum Age (Sea) Convention, 1920, the Minimum Age (Agriculture)
Convention, 1921, and the Minimum Age (Trimmers and Stokers) Convention,
1921, shall be closed to further ratification when all the parties thereto
have consented to such closing by ratification of this Convention or by a
declaration communicated to the Director-General of the International
Labour Office.
- 4. When the obligations of
this Convention are accepted--
- (a) by a Member which is a party
to the Minimum Age (Industry) Convention (Revised), 1937, and a minimum
age of not less than 15 years is specified in pursuance of Article 2 of
this Convention, this shall ipso jure involve the immediate denunciation
of that Convention,
- (b) in respect of non-industrial
employment as defined in the Minimum Age (Non-Industrial Employment)
Convention, 1932, by a Member which is a party to that Convention, this
shall ipso jure involve the immediate denunciation of that Convention,
- (c) in respect of non-industrial
employment as defined in the Minimum Age (Non-Industrial Employment)
Convention (Revised), 1937, by a Member which is a party to that
Convention, and a minimum age of not less than 15 years is specified in
pursuance of Article 2 of this Convention, this shall ipso jure involve
the immediate denunciation of that Convention,
- (d) in respect of maritime
employment, by a Member which is a party to the Minimum Age (Sea)
Convention (Revised), 1936, and a minimum age of not less than 15 years
is specified in pursuance of Article 2 of this Convention or the Member
specifies that Article 3 of this Convention applies to maritime
employment, this shall ipso jure involve the immediate denunciation of that
Convention,
- (e) in respect of employment in
maritime fishing, by a Member which is a party to the Minimum Age
(Fishermen) Convention, 1959, and a minimum age of not less than 15 years
is specified in pursuance of Article 2 of this Convention or the Member
specifies that Article 3 of this Convention applies to employment in
maritime fishing, this shall ipso jure involve the immediate denunciation
of that Convention,
- (f) by a Member which is a party
to the Minimum Age (Underground Work) Convention, 1965, and a minimum age
of not less than the age specified in pursuance of that Convention is
specified in pursuance of Article 2 of this Convention or the Member
specifies that such an age applies to employment underground in mines in
virtue of Article 3 of this Convention, this shall ipso jure involve the
immediate denunciation of that Convention,
- 5. Acceptance of the
obligations of this Convention--
- (a) shall involve the denunciation
of the Minimum Age (Industry) Convention, 1919, in accordance with
Article 12 thereof,
- (b) in respect of agriculture
shall involve the denunciation of the Minimum Age (Agriculture)
Convention, 1921, in accordance with Article 9 thereof,
- (c) in respect of maritime
employment shall involve the denunciation of the Minimum Age (Sea)
Convention, 1920, in accordance with Article 10 thereof, and of the
Minimum Age (Trimmers and Stokers) Convention, 1921, in accordance with
Article 12 thereof,
Article 11
The formal ratifications of this Convention shall be communicated to the Director-General of the International Labour Office for registration.
Article 12
- 1. This Convention shall be binding only upon
those Members of the International Labour Organisation whose ratifications
have been registered with the Director-General.
- 2. It shall come into force twelve months after
the date on which the ratifications of two Members have been registered
with the Director-General.
- 3. Thereafter, this
Convention shall come into force for any Member twelve months after the
date on which its ratifications has been registered.
Article 13
- 1. A Member which has ratified this Convention
may denounce it after the expiration of ten years from the date on which
the Convention first comes into force, by an act communicated to the
Director-General of the International Labour Office for registration. Such
denunciation shall not take effect until one year after the date on which
it is registered.
- 2. Each Member which has ratified this
Convention and which does not, within the year following the expiration of
the period of ten years mentioned in the preceding paragraph, exercise the
right of denunciation provided for in this Article, will be bound for
another period of ten years and, thereafter, may denounce this Convention
at the expiration of each period of ten years under the terms provided for
in this Article.
Article 14
- 1. The Director-General of
the International Labour Office shall notify all Members of the International
Labour Organisation of the registration of all ratifications and
denunciations communicated to him by the Members of the Organisation.
- 2. When notifying the
Members of the Organisation of the registration of the second ratification
communicated to him, the Director-General shall draw the attention of the
Members of the Organisation to the date upon which the Convention will
come into force.
Article 15
The Director-General of the International Labour Office shall communicate to the Secretary-General of the United Nations for registration in accordance with Article 102 of the Charter of the United Nations full particulars of all ratifications and acts of denunciation registered by him in accordance with the provisions of the preceding Articles.
Article 16
At such times as it may consider necessary the Governing Body of the International Labour Office shall present to the General Conference a report on the working of this Convention and shall examine the desirability of placing on the agenda of the Conference the question of its revision in whole or in part.
Article 17
- 1. Should the Conference
adopt a new Convention revising this Convention in whole or in part, then,
unless the new Convention otherwise provides:
- (a) the ratification by a Member
of the new revising Convention shall ipso jure involve the immediate
denunciation of this Convention, notwithstanding the provisions of
Article 13 above, if and when the new revising Convention shall have come
into force;
- (b) as from the date when the new
revising Convention comes into force this Convention shall cease to be
open to ratification by the Members.
- 2. This Convention shall in
any case remain in force in its actual form and content for those Members
which have ratified it but have not ratified the revising Convention.
Article 18
The English and French versions of the text of this Convention are equally authoritative.
Labour Inspection Convention, 1947 (No. 81)
Convention concerning Labour Inspection in Industry and Commerce
Preamble
The General Conference of the International Labour Organisation,
Having been convened at Geneva by the Governing Body of the International Labour Office, and having met in its Thirtieth Session on 19 June 1947, and
Having decided upon the adoption of certain proposals with regard to the organisation of labour inspection in industry and commerce, which is the fourth item on the agenda of the Session, and
Having determined that these proposals shall take the form of an international Convention,
adopts this eleventh day of July of the year one thousand nine hundred and forty-seven the following Convention, which may be cited as the Labour Inspection Convention, 1947:
PART I. LABOUR INSPECTION IN INDUSTRY
Article 1
Each Member of the International Labour Organisation for which this Convention is in force shall maintain a system of labour inspection in industrial workplaces.
Article 2
- 1. The system of labour inspection in
industrial workplaces shall apply to all workplaces in respect of which
legal provisions relating to conditions of work and the protection of
workers while engaged in their work are enforceable by labour inspectors.
- 2. National laws or regulations may exempt
mining and transport undertakings or parts of such undertakings from the
application of this Convention.
Article 3
- 1. The functions of the system of labour
inspection shall be:
- (a) to secure the enforcement of
the legal provisions relating to conditions of work and the protection of
workers while engaged in their work, such as provisions relating to hours,
wages, safety, health and welfare, the employment of children and young
persons, and other connected matters, in so far as such provisions are
enforceable by labour inspectors;
- (b) to supply technical
information and advice to employers and workers concerning the most
effective means of complying with the legal provisions;
- (c) to bring to the notice of the
competent authority defects or abuses not specifically covered by
existing legal provisions.
- 2. Any further duties which may be entrusted to
labour inspectors shall not be such as to interfere with the effective
discharge of their primary duties or to prejudice in any way the authority
and impartiality which are necessary to inspectors in their relations with
employers and workers.
Article 4
- 1. So far as is compatible with the
administrative practice of the Member, labour inspection shall be placed
under the supervision and control of a central authority.
- 2. In the case of a federal State, the term central
authority may mean either a federal authority or a central
authority of a federated unit.
Article 5
The competent authority shall make appropriate arrangements to promote:
- (a)
effective co-operation between the inspection services and other
government services and public or private institutions engaged in similar
activities; and
- (b)
collaboration between officials of the labour inspectorate and employers
and workers or their organisations.
Article 6
The inspection staff shall be composed of public officials whose status and conditions of service are such that they are assured of stability of employment and are independent of changes of government and of improper external influences.
Article 7
- 1. Subject to any conditions for recruitment to
the public service which may be prescribed by national laws or regulations,
labour inspectors shall be recruited with sole regard to their
qualifications for the performance of their duties.
- 2. The means of ascertaining such
qualifications shall be determined by the competent authority.
- 3. Labour inspectors shall be adequately
trained for the performance of their duties.
Article 8
Both men and women shall be eligible for appointment to the inspection staff; where necessary, special duties may be assigned to men and women inspectors.
Article 9
Each Member shall take the necessary measures to ensure that duly qualified technical experts and specialists, including specialists in medicine, engineering, electricity and chemistry, are associated in the work of inspection, in such manner as may be deemed most appropriate under national conditions, for the purpose of securing the enforcement of the legal provisions relating to the protection of the health and safety of workers while engaged in their work and of investigating the effects of processes, materials and methods of work on the health and safety of workers.
Article 10
The number of labour inspectors shall be sufficient to secure the effective discharge of the duties of the inspectorate and shall be determined with due regard for:
- (a) the importance of the duties which inspectors
have to perform, in particular--
- (i) the number, nature, size and
situation of the workplaces liable to inspection;
- (ii) the number and classes of
workers employed in such workplaces; and
- (iii) the number and complexity of
the legal provisions to be enforced;
- (b) the material means placed at the disposal
of the inspectors; and
- (c) the practical conditions under which visits
of inspection must be carried out in order to be effective.
Article 11
- 1. The competent authority shall make the
necessary arrangements to furnish labour inspectors with--
- (a) local offices, suitably
equipped in accordance with the requirements of the service, and
accessible to all persons concerned;
- (b) the transport facilities
necessary for the performance of their duties in cases where suitable
public facilities do not exist.
- 2. The competent authority shall make the
necessary arrangements to reimburse to labour inspectors any travelling
and incidental expenses which may be necessary for the performance of
their duties.
Article 12
- 1. Labour inspectors provided with proper
credentials shall be empowered:
- (a) to enter freely and without
previous notice at any hour of the day or night any workplace liable to
inspection;
- (b) to enter by day any premises
which they may have reasonable cause to believe to be liable to
inspection; and
- (c) to carry out any examination,
test or enquiry which they may consider necessary in order to satisfy
themselves that the legal provisions are being strictly observed, and in
particular--
- (i) to interrogate, alone or in
the presence of witnesses, the employer or the staff of the undertaking
on any matters concerning the application of the legal provisions;
- (ii) to require the production of
any books, registers or other documents the keeping of which is
prescribed by national laws or regulations relating to conditions of
work, in order to see that they are in conformity with the legal
provisions, and to copy such documents or make extracts from them;
- (iii) to enforce the posting of
notices required by the legal provisions;
- (iv) to take or remove for
purposes of analysis samples of materials and substances used or
handled, subject to the employer or his representative being notified of
any samples or substances taken or removed for such purpose.
- 2. On the occasion of an inspection visit,
inspectors shall notify the employer or his representative of their
presence, unless they consider that such a notification may be prejudicial
to the performance of their duties.
Article 13
- 1. Labour inspectors shall be empowered to take
steps with a view to remedying defects observed in plant, layout or
working methods which they may have reasonable cause to believe constitute
a threat to the health or safety of the workers.
- 2. In order to enable inspectors to take such
steps they shall be empowered, subject to any right of appeal to a
judicial or administrative authority which may be provided by law, to make
or to have made orders requiring--
- (a) such alterations to the
installation or plant, to be carried out within a specified time limit,
as may be necessary to secure compliance with the legal provisions
relating to the health or safety of the workers; or
- (b) measures with immediate
executory force in the event of imminent danger to the health or safety
of the workers.
- 3. Where the procedure
prescribed in paragraph 2 is not compatible with the administrative or
judicial practice of the Member, inspectors shall have the right to apply
to the competent authority for the issue of orders or for the initiation
of measures with immediate executory force.
Article 14
The labour inspectorate shall be notified of industrial accidents and cases of occupational disease in such cases and in such manner as may be prescribed by national laws or regulations.
Article 15
Subject to such exceptions as may be made by national laws or regulations, labour inspectors--
- (a) shall be prohibited from having any direct
or indirect interest in the undertakings under their supervision;
- (b) shall be bound on pain of appropriate
penalties or disciplinary measures not to reveal, even after leaving the
service, any manufacturing or commercial secrets or working processes
which may come to their knowledge in the course of their duties; and
- (c) shall treat as absolutely confidential the
source of any complaint bringing to their notice a defect or breach of
legal provisions and shall give no intimation to the employer or his
representative that a visit of inspection was made in consequence of the
receipt of such a complaint.
Article 16
Workplaces shall be inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions.
Article 17
- 1. Persons who violate or neglect to observe
legal provisions enforceable by labour inspectors shall be liable to prompt
legal proceedings without previous warning: Provided that exceptions may
be made by national laws or regulations in respect of cases in which
previous notice to carry out remedial or preventive measures is to be
given.
- 2. It shall be left to the discretion of labour
inspectors to give warning and advice instead of instituting or
recommending proceedings.
Article 18
Adequate penalties for violations of the legal provisions enforceable by labour inspectors and for obstructing labour inspectors in the performance of their duties shall be provided for by national laws or regulations and effectively enforced.
Article 19
- 1. Labour inspectors or
local inspection offices, as the case may be, shall be required to submit
to the central inspection authority periodical reports on the results of
their inspection activities.
- 2. These reports shall be
drawn up in such manner and deal with such subjects as may from time to
time be prescribed by the central authority; they shall be submitted at
least as frequently as may be prescribed by that authority and in any case
not less frequently than once a year.
Article 20
- 1. The central inspection
authority shall publish an annual general report on the work of the
inspection services under its control.
- 2. Such annual reports shall
be published within a reasonable time after the end of the year to which
they relate and in any case within twelve months.
- 3. Copies of the annual
reports shall be transmitted to the Director-General of the International
Labour Office within a reasonable period after their publication and in
any case within three months.
Article 21
The annual report published by the central inspection authority shall deal with the following and other relevant subjects in so far as they are under the control of the said authority:
- (a)
laws and regulations relevant to the work of the inspection service;
- (b)
staff of the labour inspection service;
- (c)
statistics of workplaces liable to inspection and the number of workers
employed therein;
- (d)
statistics of inspection visits;
- (e)
statistics of violations and penalties imposed;
- (f)
statistics of industrial accidents;
- (g)
statistics of occupational diseases.
PART II. LABOUR INSPECTION IN COMMERCE
Article 22
Each Member of the International Labour Organisation for which this Part of this Convention is in force shall maintain a system of labour inspection in commercial workplaces.
Article 23
The system of labour inspection in commercial workplaces shall apply to workplaces in respect of which legal provisions relating to conditions of work and the protection of workers while engaged in their work are enforceable by labour inspectors.
Article 24
The system of labour inspection in commercial workplaces shall comply with the requirements of Articles 3 to 21 of this Convention in so far as they are applicable.
PART III. MISCELLANEOUS PROVISIONS
Article 25
- 1. Any Member of the
International Labour Organisation which ratifies this Convention may, by a
declaration appended to its ratification, exclude Part II from its
acceptance of the Convention.
- 2. Any Member which has made
such a declaration may at any time cancel that declaration by a subsequent
declaration.
- 3. Every Member for which a
declaration made under paragraph 1 of this Article is in force shall
indicate each year in its annual report upon the application of this
Convention the position of its law and practice in regard to the
provisions of Part II of this Convention and the extent to which effect
has been given, or is proposed to be given, to the said provisions.
Article 26
In any case in which it is doubtful whether any undertaking, part or service of an undertaking or workplace is an undertaking, part, service or workplace to which this Convention applies, the question shall be settled by the competent authority.
Article 27
In this Convention the term legal provisions includes, in addition to laws and regulations, arbitration awards and collective agreements upon which the force of law is conferred and which are enforceable by labour inspectors.
Article 28
There shall be included in the annual reports to be submitted under Article 22 of the Constitution of the International Labour Organisation full information concerning all laws and regulations by which effect is given to the provisions of this Convention.
Article 29
- 1. In the case of a Member the
territory of which includes large areas where, by reason of the sparseness
of the population or the stage of development of the area, the competent
authority considers it impracticable to enforce the provisions of this
Convention, the authority may exempt such areas from the application of
this Convention either generally or with such exceptions in respect of
particular undertakings or occupations as it thinks fit.
- 2. Each Member shall indicate in
its first annual report upon the application of this Convention submitted
under Article 22 of the Constitution of the International Labour
Organisation any areas in respect of which it proposes to have recourse to
the provisions of the present Article and shall give the reasons for which
it proposes to have recourse thereto; no Member shall, after the date of
its first annual report, have recourse to the provisions of the present
Article except in respect of areas so indicated.
- 3. Each Member having recourse to
the provisions of the present Article shall indicate in subsequent annual
reports any areas in respect of which it renounces the right to have
recourse to the provisions of the present Article.
Article 30
- 1. In respect of the
territories referred to in article 35 of the Constitution of the
International Labour Organisation as amended by the Constitution of the
International Labour Organisation Instrument of Amendment 1946, other than
the territories referred to in paragraphs 4 an, 5 of the said article as
so amended, each Member of the Organisation which ratifies this Convention
shall communicate to the Director-General of the International Labour
Office as soon as possible after ratification a declaration stating--
- (a) the territories in respect of
which it undertakes that the provisions of the Convention shall be
applied without modification;
- (b) the territories in respect of
which it undertakes that the provisions of the Convention shall be
applied subject to modifications, together with details of the said
modifications;
- (c) the territories in respect of
which the Convention is inapplicable and in such cases the grounds on
which it is inapplicable;
- (d) the territories in respect of
which it reserves its decision.
- 2. The undertakings referred
to in subparagraphs (a) and (b) of paragraph 1 of this Article shall be
deemed to be an integral part of the ratification and shall have the force
of ratification.
- 3. Any Member may at any
time by a subsequent declaration cancel in whole or in part any
reservations made in its original declaration in virtue of subparagraphs
(b), (c) or (d) of paragraph 1 of this Article.
- 4. Any Member may, at any
time at which the Convention is subject to denunciation in accordance with
the provisions of Article 34, communicate to the Director-General a
declaration modifying in any other respect the terms of any former
declaration and stating the present position in respect of such
territories as it may specify.
Article 31
- 1. Where the subject matter of this
Convention is within the self-governing powers of any non-metropolitan
territory, the Member responsible for the international relations of that
territory may, in agreement with the Government of the territory,
communicate to the Director-General of the International Labour Office a
declaration accepting on behalf of the territory the obligations of this
Convention.
- 2. A declaration accepting the
obligations of this Convention may be communicated to the Director-General
of the International Labour Office --
- (a) by two or more Members of the
Organisation in respect of any territory which is under their joint
authority; or
- (b) by any international authority
responsible for the administration of any territory, in virtue of the
Charter of the United Nations or otherwise, in respect of any such
territory.
- 3. Declarations communicated to the
Director-General of the International Labour Office in accordance with the
preceding paragraphs of this Article shall indicate whether the provisions
of the Convention will be applied in the territory concerned without
modification or subject to modifications; when the declaration indicates
that the provisions of the Convention will be applied subject to
modifications it shall give details of the said modifications.
- 4. The Member, Members or
international authority concerned may at any time by a subsequent
declaration renounce in whole or in part the right to have recourse to any
modification indicated in any former declaration.
- 5. The Member, Members or
international authority concerned may, at any time at which this
Convention is subject to denunciation in accordance with the provisions of
Article 34, communicate to the Director-General a declaration modifying in
any other respect the terms of any former declaration and stating the
present position in respect of the application of the Convention.
PART IV. FINAL PROVISIONS
Article 32
The formal ratifications of this Convention shall be communicated to the Director-General of the International Labour Office for registration.
Article 33
- 1. This Convention shall be
binding only upon those Members of the International Labour Organisation
whose ratifications have been registered with the Director-General.
- 2. It shall come into force
twelve months after the date on which the ratifications of two Members
have been registered with the Director-General.
- 3. Thereafter, this
Convention shall come into force for any Member twelve months after the
date on which its ratifications has been registered.
Article 34
- 1. A Member which has
ratified this Convention may denounce it after the expiration of ten years
from the date on which the Convention first comes into force, by an act
communicated to the Director-General of the International Labour Office
for registration. Such denunciation shall not take effect until one year
after the date on which it is registered.
- 2. Each Member which has
ratified this Convention and which does not, within the year following the
expiration of the period of ten years mentioned in the preceding
paragraph, exercise the right of denunciation provided for in this
Article, will be bound for another period of ten years and, thereafter,
may denounce this Convention at the expiration of each period of ten years
under the terms provided for in this Article.
Article 35
- 1. The Director-General of the
International Labour Office shall notify all Members of the International
Labour Organisation of the registration of all ratifications, declarations
and denunciations communicated to him by the Members of the Organisation.
- 2. When notifying the Members of
the Organisation of the registration of the second ratification
communicated to him, the Director-General shall draw the attention of the
Members of the Organisation to the date upon which the Convention will
come into force.
Article 36
The Director-General of the International Labour Office shall communicate to the Secretary-General of the United Nations for registration in accordance with Article 102 of the Charter of the United Nations full particulars of all ratifications, declarations and acts of denunciation registered by him in accordance with the provisions of the preceding Articles.
Article 37
At such times as it may consider necessary the Governing Body of the International Labour Office shall present to the General Conference a report on the working of this Convention and shall examine the desirability of placing on the agenda of the Conference the question of its revision in whole or in part.
Article 38
- 1. Should the Conference
adopt a new Convention revising this Convention in whole or in part, then,
unless the new Convention otherwise provides:
- (a) the ratification by a Member
of the new revising Convention shall ipso jure involve the immediate
denunciation of this Convention, notwithstanding the provisions of
Article 34 above, if and when the new revising Convention shall have come
into force;
- (b) as from the date when the new
revising Convention comes into force, this Convention shall cease to be
open to ratification by the Members.
- 2. This Convention shall in
any case remain in force in its actual form and content for those Members
which have ratified it but have not ratified the revising Convention.
Article 39
The English and French versions of the text of this Convention are equally authoritative.
Protocol of 1995 to the Labour Inspection Convention, 1947
Preamble
The General Conference of the International Labour Organization,
Having been convened at Geneva by the Governing Body of the International Labour Office and having met in its Eighty-second Session on 6 June 1995, and
Noting that the provisions of the Labour Inspection Convention, 1947, apply only to industrial and commercial workplaces, and
Noting that the provisions of the Labour Inspection (Agriculture) Convention, 1969, apply to workplaces in commercial and non-commercial agricultural undertakings, and
Noting that the provisions of the Occupational Safety and Health Convention, 1981, apply to all branches of economic activity, including the public service, and
Having regard to all the risks to which workers in the non-commercial services sector may be exposed, and the need to ensure that this sector is subject to the same or an equally effective and impartial system of labour inspection as that provided in the Labour Inspection Convention, 1947, and
Having decided upon the adoption of certain proposals with regard to activities in the non-commercial services sector, which is the sixth item on the agenda of the session, and
Having determined that these proposals shall take the form of a Protocol to the Labour Inspection Convention, 1947,
adopts this twenty-second day of June of the year one thousand nine hundred and ninety-five the following Protocol, which may be cited as the Protocol of 1995 to the Labour Inspection Convention, 1947:
PART I. SCOPE, DEFINITION AND APPLICATION
Article 1
- 1. Each Member which ratifies this Protocol
shall extend the application of the provisions of the Labour Inspection
Convention, 1947 (hereunder referred to as "the Convention" ),
to activities in the non-commercial services sector.
- 2. The term "activities in the
non-commercial services sector" refers to activities in all
categories of workplaces that are not considered as industrial or
commercial for the purposes of the Convention.
- 3. This Protocol applies to all workplaces that
do not already fall within the scope of the Convention.
Article 2
- 1. A Member which ratifies this Protocol may,
by a declaration appended to its instrument of ratification, exclude
wholly or partly from its scope the following categories:
- (a) essential national (federal)
government administration;
- (b) the armed services, whether
military or civilian personnel;
- (c) the police and other public
security services;
- (d) prison services, whether
prison staff or prisoners when performing work,
- 2. Before the Member avails itself of the
possibility afforded in paragraph 1, it shall consult the most
representative organizations of employers and workers or, in the absence
of such organizations, the representatives of the employers and workers
concerned.
- 3. A Member which has made a declaration as
referred to in paragraph 1 shall, following ratification of this Protocol,
indicate in its next report on the application of the Convention under
article 22 of the Constitution of the International Labour Organization
the reasons for the exclusion and, to the extent possible, provide for
alternative inspection arrangements for any categories of workplaces thus
excluded. It shall describe in subsequent reports any measures it may have
taken with a view to extending the provisions of the Protocol to them.
- 4. A Member which has made a declaration
referred to in paragraph 1 may at any time modify or cancel that
declaration by a subsequent declaration in accordance with the provisions
of this Article.
Article 3
- 1. The provisions of this Protocol shall be
implemented by means of national laws or regulations, or by other means
that are in accordance with national practice.
- 2. Measures taken to give effect to this
Protocol shall be drawn up in consultation with the most representative
organizations of employers and workers or, in the absence of such
organizations, the representatives of the employers and workers concerned.
PART II. SPECIAL ARRANGEMENTS
Article 4
- 1.
A Member may make special arrangements for the inspection of workplaces of
essential national (federal) government administration, the armed
services, the police and other public security services, and the prison
services, so as to regulate the powers of labour inspectors as provided in
Article 12 of the Convention in regard to:
- (a) inspectors having appropriate
security clearance before entering;
- (b) inspection by appointment;
- (c) the power to require the
production of confidential documents;
- (d) the removal of confidential
documents from the premises;
- (e) the taking and analysis of
samples of materials and substances.
- 2.
The Member may also make special arrangements for the inspection of
workplaces of the armed services and the police and other public security
services so as to permit any of the following limitations on the powers of
labour inspectors:
- (a) restriction of inspection
during manoeuvres or exercises;
- (b) restriction or prohibition of
inspection of front-line or active service units;
- (c) restriction or prohibition of
inspection during declared periods of tension;
- (d) limitation of inspection in
respect of the transport of explosives and armaments for military
purposes.
- 3.
The Member may also make special arrangements for the inspection of
workplaces of prison services to permit restriction of inspection during
declared periods of tension.
- 4. Before a Member avails itself of
any of the special arrangements afforded in paragraphs (1), (2) and (3),
it shall consult the most representative organizations of employers and
workers or, in the absence of such organizations, the representatives of
the employers and workers concerned.
Article 5
The Member may make special arrangements for the inspection of workplaces of fire brigades and other rescue services to permit the restriction of inspection during the fighting of a fire or during rescue or other emergency operations. In such cases, the labour inspectorate shall review such operations periodically and after any significant incident.
Article 6
The labour inspectorate shall be able to advise on the formulation of effective measures to minimize risks during training for potentially hazardous work and to participate in monitoring the implementation of such measures.
PART III. FINAL PROVISIONS
Article 7
- 1. A Member may ratify this Protocol at the
same time as or at any time after its ratification of the Convention, by
communicating its formal ratification of the Protocol to the
Director-General of the International Labour Office for registration.
- 2. The Protocol shall come into force 12 months
after the date on which ratifications of two Members have been registered
by the Director-General. Thereafter, this Protocol shall come into force
for a Member 12 months after the date on which the ratification has been
registered by the Director-General and the Convention shall then be
binding on the Member concerned with the addition of Articles 1 to 6 of
this Protocol.
Article 8
- 1.
A Member which has ratified this Protocol may denounce it after the
expiration of ten years from the date on which the Protocol first comes
into force, by an act communicated to the Director-General of the
International Labour Office for registration. Such denunciation shall not
take effect until one year after the date on which it is registered.
- 2.
Each Member which has ratified the Protocol and which does not, within the
year following the expiration of the period of ten years mentioned in the
preceding paragraph, exercise the right of denunciation provided for in
this Article, will be bound for another period of ten years and,
thereafter, may denounce this Protocol at the expiration of each period of
ten years under the terms provided for in this Article.
Article 9
- 1. The Director-General of the International
Labour Office shall notify all Members of the International Labour
Organization of the registration of all ratifications and denunciations of
this Protocol.
- 2. When notifying the Members of the
Organization of the registration of the second ratification of this
Protocol, the Director-General shall draw the attention of the Members of
the Organization to the date upon which the Protocol will come into force.
- 3. The Director-General shall communicate full
particulars of all ratifications and denunciations of this Protocol to the
Secretary-General of the United Nations for registration in accordance
with Article 102 of the Charter of the United Nations.
Article 10
The English and French versions of the text of this Protocol are equally authoritative.
Employment Policy Convention, 1964 (No. 122)
Preamble
The General Conference of the International Labour Organisation,
Having been convened at Geneva by the Governing Body of the International Labour Office, and having met in its Forty-eighth Session on 17 June 1964, and
Considering that the Declaration of Philadelphia recognises the solemn obligation of the International Labour Organisation to further among the nations of the world programmes which will achieve full employment and the raising of standards of living, and that the Preamble to the Constitution of the International Labour Organisation provides for the prevention of unemployment and the provision of an adequate living wage, and
Considering further that under the terms of the Declaration of Philadelphia it is the responsibility of the International Labour Organisation to examine and consider the bearing of economic and financial policies upon employment policy in the light of the fundamental objective that "all human beings, irrespective of race, creed or sex, have the right to pursue both their material well-being and their spiritual development in conditions of freedom and dignity, of economic security and equal opportunity", and
Considering that the Universal Declaration of Human Rights provides that "everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment", and
Noting the terms of existing international labour Conventions and Recommendations of direct relevance to employment policy, and in particular of the Employment Service Convention and Recommendation, 1948, the Vocational Guidance Recommendation, 1949, the Vocational Training Recommendation, 1962, and the Discrimination (Employment and Occupation) Convention and Recommendation, 1958, and
Considering that these instruments should be placed in the wider framework of an international programme for economic expansion on the basis of full, productive and freely chosen employment, and
Having decided upon the adoption of certain proposals with regard to employment policy, which are included in the eighth item on the agenda of the session, and
Having determined that these proposals shall take the form of an international Convention,
adopts this ninth day of July of the year one thousand nine hundred and sixty-four the following Convention, which may be cited as the Employment Policy Convention, 1964:
Article 1
- 1. With a view to stimulating economic growth
and development, raising levels of living, meeting manpower requirements
and overcoming unemployment and underemployment, each Member shall declare
and pursue, as a major goal, an active policy designed to promote full,
productive and freely chosen employment.
- 2. The said policy shall aim at ensuring that--
- (a) there is work for all who are
available for and seeking work;
- (b) such work is as productive as
possible;
- (c) there is freedom of choice of
employment and the fullest possible opportunity for each worker to
qualify for, and to use his skills and endowments in, a job for which he
is well suited, irrespective of race, colour, sex, religion, political
opinion, national extraction or social origin.
- 3. The said 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.
Article 2
Each Member shall, by such methods and to such extent as may be appropriate under national conditions--
- (a) decide on and keep under review, within the
framework of a co-ordinated economic and social policy, the measures to be
adopted for attaining the objectives specified in Article 1;
- (b) take such steps as may be needed, including
when appropriate the establishment of programmes, for the application of
these measures.
Article 3
In the application of this Convention, representatives of the persons affected by the measures to be taken, and in particular representatives of employers and workers, shall be consulted concerning employment policies, with a view to taking fully into account their experience and views and securing their full co-operation in formulating and enlisting support for such policies.
Article 4
The formal ratifications of this Convention shall be communicated to the Director-General of the International Labour Office for registration.
Article 5
- 1. This Convention shall be binding only upon
those Members of the International Labour Organisation whose ratifications
have been registered with the Director-General.
- 2. It shall come into force twelve months after
the date on which the ratifications of two Members have been registered
with the Director-General.
- 3. Thereafter, this Convention shall come into
force for any Member twelve months after the date on which its
ratification has been registered.
Article 6
- 1. A Member which has ratified this Convention
may denounce it after the expiration of ten years from the date on which
the Convention first comes into force, by an act communicated to the
Director-General of the International Labour Office for registration. Such
denunciation shall not take effect until one year after the date on which
it is registered.
- 2. Each Member which has ratified this
Convention and which does not, within the year following the expiration of
the period of ten years mentioned in the preceding paragraph, exercise the
right of denunciation provided for in this Article, will be bound for
another period of ten years and, thereafter, may denounce this Convention
at the expiration of each period of ten years under the terms provided for
in this Article.
Article 7
- 1. The Director-General of the International
Labour Office shall notify all Members of the International Labour
Organisation of the registration of all ratifications and denunciations
communicated to him by the Members of the Organisation.
- 2. When notifying the Members of the
Organisation of the registration of the second ratification communicated
to him, the Director-General shall draw the attention of the Members of
the Organisation to the date upon which the Convention will come into
force.
Article 8
The Director-General of the International Labour Office shall communicate to the Secretary-General of the United Nations for registration in accordance with Article 102 of the Charter of the United Nations full particulars of all ratifications and acts of denunciation registered by him in accordance with the provisions of the preceding Articles.
Article 9
At such times as it may consider necessary the Governing Body of the International Labour Office shall present to the General Conference a report on the working of this Convention and shall examine the desirability of placing on the agenda of the Conference the question of its revision in whole or in part.
Article 10
- 1. Should the Conference adopt a new Convention
revising this Convention in whole or in part, then, unless the new
Convention otherwise provides--
- (a) the ratification by a Member
of the new revising Convention shall ipso jure involve the immediate
denunciation of this Convention, notwithstanding the provisions of
Article 6 above, if and when the new revising Convention shall have come
into force;
- (b) as from the date when the new
revising Convention comes into force this Convention shall cease to be
open to ratification by the Members.
- 2. This Convention shall in any case remain in
force in its actual form and content for those Members which have ratified
it but have not ratified the revising Convention.
Article 11
The English and French versions of the text of this Convention are equally authoritative.
Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144)
Preamble
The General Conference of the International Labour Organisation,
Having been convened at Geneva by the Governing Body of the International Labour Office, and having met in its Sixty-first Session on 2 June 1976, and
Recalling the terms of existing international labour Conventions and Recommendations--in particular the Freedom of Association and Protection of the Right to Organise Convention, 1948, the Right to Organise and Collective Bargaining Convention, 1949, and the Consultation (Industrial and National Levels) Recommendation, 1960--which affirm the right of employers and workers to establish free and independent organisations and call for measures to promote effective consultation at the national level between public authorities and employers' and workers' organisations, as well as the provisions of numerous international labour Conventions and Recommendations which provide for the consultation of employers' and workers' organisations on measures to give effect thereto, and
Having considered the fourth item on the agenda of the session which is entitled "Establishment of tripartite machinery to promote the implementation of international labour standards", and having decided upon the adoption of certain proposals concerning tripartite consultation to promote the implementation of international labour standards, and
Having determined that these proposals shall take the form of an international Convention,
adopts this twenty-first day of June of the year one thousand nine hundred and seventy-six the following Convention, which may be cited as the Tripartite Consultation (International Labour Standards) Convention, 1976:
Article 1
In this Convention the term representative organisations means the most representative organisations of employers and workers enjoying the right of freedom of association.
Article 2
- 1.
Each Member of the International Labour Organisation which ratifies this
Convention undertakes to operate procedures which ensure effective
consultations, with respect to the matters concerning the activities of
the International Labour Organisation set out in Article 5, paragraph 1,
below, between representatives of the government, of employers and of
workers.
- 2.
The nature and form of the procedures provided for in paragraph 1 of this
Article shall be determined in each country in accordance with national
practice, after consultation with the representative organisations, where
such organisations exist and such procedures have not yet been
established.
Article 3
- 1.
The representatives of employers and workers for the purposes of the
procedures provided for in this Convention shall be freely chosen by their
representative organisations, where such organisations exist.
- 2.
Employers and workers shall be represented on an equal footing on any
bodies through which consultations are undertaken.
Article 4
- 1.
The competent authority shall assume responsibility for the administrative
support of the procedures provided for in this Convention.
- 2.
Appropriate arrangements shall be made between the competent authority and
the representative organisations, where such organisations exist, for the
financing of any necessary training of participants in these procedures.
Article 5
- 1.
The purpose of the procedures provided for in this Convention shall be
consultations on--
- (a) government replies to
questionnaires concerning items on the agenda of the International Labour
Conference and government comments on proposed texts to be discussed by
the Conference;
- (b) the 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 International Labour Organisation;
- (c) the re-examination at
appropriate intervals of unratified Conventions and of Recommendations to
which effect has not yet been given, to consider what measures might be
taken to promote their implementation and ratification as appropriate;
- (d) questions arising out of
reports to be made to the International Labour Office under Article 22 of
the Constitution of the International Labour Organisation;
- (e) proposals for the denunciation
of ratified Conventions.
- 2.
In order to ensure adequate consideration of the matters referred to in
paragraph 1 of this Article, consultation shall be undertaken at
appropriate intervals fixed by agreement, but at least once a year.
Article 6
When this is considered appropriate after consultation with the representative organisations, where such organisations exist, the competent authority shall issue an annual report on the working of the procedures provided for in this Convention.
Article 7
The formal ratifications of this Convention shall be communicated to the Director-General of the International Labour Office for registration.
Article 8
- 1.
This Convention shall be binding only upon those Members of the
International Labour Organisation whose ratifications have been registered
with the Director-General.
- 2.
It shall come into force twelve months after the date on which the
ratifications of two Members have been registered with the
Director-General.
- 3.
Thereafter, this Convention shall come into force for any Member twelve
months after the date on which its ratification has been registered.
Article 9
- 1.
A Member which has ratified this Convention may denounce it after the
expiration of ten years from the date on which the Convention first comes
into force, by an act communicated to the Director-General of the
International Labour Office for registration. Such denunciation shall not
take effect until one year after the date on which it is registered.
- 2.
Each Member which has ratified this Convention and which does not, within
the year following the expiration of the period of ten years mentioned in
the preceding paragraph, exercise the right of denunciation provided for
in this Article, will be bound for another period of ten years and,
thereafter, may denounce this Convention at the expiration of each period of
ten years under the terms provided for in this Article.
Article 10
- 1.
The Director-General of the International Labour Office shall notify all
Members of the International Labour Organisation of the registration of
all ratifications and denunciations communicated to him by the Members of
the Organisation.
- 2.
When notifying the Members of the Organisation of the registration of the
second ratification communicated to him, the Director-General shall draw
the attention of the Members of the Organisation to the date upon which
the Convention will come into force.
Article 11
The Director-General of the International Labour Office shall communicate to the Secretary-General of the United Nations for registration in accordance with Article 102 of the Charter of the United Nations full particulars of all ratifications and acts of denunciation registered by him in accordance with the provisions of the preceding Articles.
Article 12
At such times as it may consider necessary the Governing Body of the International Labour Office shall present to the General Conference a report on the working of this Convention and shall examine the desirability of placing on the agenda of the Conference the question of its revision in whole or in part.
Article 13
- 1.
Should the Conference adopt a new Convention revising this Convention in
whole or in part, then, unless the new Convention otherwise provides:
- (a) the ratification by a Member
of the new revising Convention shall ipso jure involve the immediate
denunciation of this Convention, notwithstanding the provisions of
Article 9 above, if and when the new revising Convention shall have come
into force;
- (b) as from the date when the new
revising Convention comes into force this Convention shall cease to be
open to ratification by the Members.
- 2.
This Convention shall in any case remain in force in its actual form and
content for those Members which have ratified it but have not ratified the
revising Convention.
Article 14
The English and French versions of the text of this Convention are equally authoritative.
Hours of Work (Industry) Convention, 1919 (No. 1)
Convention Limiting the Hours of Work in Industrial Undertakings to Eight in the Day and Forty-eight in the Week
Preamble
The General Conference of the International Labour Organisation,
Having been convened at Washington by the Government of the United States of America on the 29 th day of October 1919, and
Having decided upon the adoption of certain proposals with regard to the "application of the principle of the 8-hours day or of the 48-hours week", which is the first item in the agenda for the Washington meeting of the Conference, and
Having determined that these proposals shall take the form of an international Convention,
adopts the following Convention, which may be cited as the Hours of Work (Industry) Convention, 1919, for ratification by the Members of the International Labour Organisation, in accordance with the provisions of the Constitution of the International Labour Organisation:
Article 1
- 1.
For the purpose of this Convention, the term industrial undertaking
includes particularly--
- (a) mines, quarries, and other
works for the extraction of minerals from the earth;
- (b) industries in which articles
are manufactured, altered, cleaned, repaired, ornamented, finished,
adapted for sale, broken up or demolished, or in which materials are
transformed; including shipbuilding and the generation, transformation,
and transmission of electricity or motive power of any kind;
- (c) construction, reconstruction,
maintenance, repair, alteration, or demolition of any building, railway,
tramway, harbour, dock, pier, canal, inland waterway, road, tunnel,
bridge, viaduct, sewer, drain, well, telegraphic or telephonic
installation, electrical undertaking, gas work, waterwork or other work
of construction, as well as the preparation for or laying the foundations
of any such work or structure;
- (d) transport of passengers or
goods by road, rail, sea or inland waterway, including the handling of
goods at docks, quays, wharves or warehouses, but excluding transport by
hand.
- 2.
The provisions relative to transport by sea and on inland waterways shall
be determined by a special conference dealing with employment at sea and
on inland waterways.
- 3.
The competent authority in each country shall define the line of division
which separates industry from commerce and agriculture.
Article 2
The working hours of persons employed in any public or private industrial undertaking or in any branch thereof, other than an undertaking in which only members of the same family are employed, shall not exceed eight in the day and forty-eight in the week, with the exceptions hereinafter provided for:
- (a) the provisions of this Convention shall not
apply to persons holding positions of supervision or management, nor to
persons employed in a confidential capacity;
- (b) where by law, custom, or agreement between
employers' and workers' organisations, or, where no such organisations
exist, between employers' and workers' representatives, the hours of work
on one or more days of the week are less than eight, the limit of eight
hours may be exceeded on the remaining days of the week by the sanction of
the competent public authority, or by agreement between such organisations
or representatives; provided, however, that in no case under the
provisions of this paragraph shall the daily limit of eight hours be
exceeded by more than one hour;
- (c) where persons are employed in shifts it
shall be permissible to employ persons in excess of eight hours in any one
day and forty-eight hours in any one week, if the average number of hours
over a period of three weeks or less does not exceed eight per day and
forty-eight per week.
Article 3
The limit of hours of work prescribed in Article 2 may be exceeded in case of accident, actual or threatened, or in case of urgent work to be done to machinery or plant, or in case of "force majeure", but only so far as may be necessary to avoid serious interference with the ordinary working of the undertaking.
Article 4
The limit of hours of work prescribed in Article 2 may also be exceeded in those processes which are required by reason of the nature of the process to be carried on continuously by a succession of shifts, subject to the condition that the working hours shall not exceed fifty-six in the week on the average. Such regulation of the hours of work shall in no case affect any rest days which may be secured by the national law to the workers in such processes in compensation for the weekly rest day.
Article 5
- 1. In exceptional cases where it is recognised
that the provisions of Article 2 cannot be applied, but only in such
cases, agreements between workers' and employers' organisations concerning
the daily limit of work over a longer period of time may be given the
force of regulations, if the Government, to which these agreements shall
be submitted, so decides.
- 2. The average number of hours worked per week,
over the number of weeks covered by any such agreement, shall not exceed
forty-eight.
Article 6
- 1. Regulations made by public authority shall
determine for industrial undertakings--
- (a) the permanent exceptions that
may be allowed in preparatory or complementary work which must
necessarily be carried on outside the limits laid down for the general
working of an establishment, or for certain classes of workers whose work
is essentially intermittent;
- (b) the temporary exceptions that
may be allowed, so that establishments may deal with exceptional cases of
pressure of work.
- 2. These regulations shall be made only after
consultation with the organisations of employers and workers concerned, if
any such organisations exist. These regulations shall fix the maximum of
additional hours in each instance, and the rate of pay for overtime shall
not be less than one and one-quarter times the regular rate.
Article 7
- 1. Each Government shall communicate to the
International Labour Office--
- (a) a list of the processes which
are classed as being necessarily continuous in character under Article 4;
- (b) full information as to working
of the agreements mentioned in Article 5; and
- (c) full information concerning
the regulations made under Article 6 and their application.
- 2. The International Labour Office shall make
an annual report thereon to the General Conference of the International
Labour Organisation.
Article 8
- 1.
In order to facilitate the enforcement of the provisions of this
Convention, every employer shall be required--
- (a) to notify by means of the
posting of notices in conspicuous places in the works or other suitable
place, or by such other method as may be approved by the Government, the
hours at which work begins and ends, and where work is carried on by
shifts, the hours at which each shift begins and ends; these hours shall
be so fixed that the duration of the work shall not exceed the limits
prescribed by this Convention, and when so notified they shall not be
changed except with such notice and in such manner as may be approved by
the Government;
- (b) to notify in the same way such
rest intervals accorded during the period of work as are not reckoned as
part of the working hours;
- (c) to keep a record in the form
prescribed by law or regulation in each country of all additional hours
worked in pursuance of Articles 3 and 6 of this Convention.
- 2.
It shall be made an offence against the law to employ any person outside
the hours fixed in accordance with paragraph (a), or during the intervals
fixed in accordance with paragraph (b).
Article 9
In the application of this Convention to Japan the following modifications and conditions shall obtain:
- (a) the term "industrial undertaking"
includes particularly--
the undertakings enumerated in paragraph (b) of Article 1, provided there are at least ten workers employed;
the undertakings enumerated in paragraph (c) of Article 1, in so far as these undertakings shall be defined as "factories" by the competent authority;
the undertakings enumerated in paragraph (d) of Article 1, except transport of passengers or goods by road, handling of goods at docks, quays, wharves, and warehouses, and transport by hand; and, regardless of the number of persons employed, such of the undertakings enumerated in paragraph (b) and (c) of Article 1 as may be declared by the competent authority either to be highly dangerous or to involve unhealthy processes.
- (b) the actual working hours of persons of
fifteen years of age or over in any public or private industrial
undertaking, or in any branch thereof, shall not exceed fifty-seven in the
week, except that in the raw-silk industry the limit may be sixty hours in
the week;
- (c) the actual working hours of persons under
fifteen years of age in any public or private industrial undertaking, or
in any branch thereof, and of all miners of whatever age engaged in
underground work in the mines, shall in no case exceed forty-eight in the
week;
- (d) the limit of hours of work may be modified
under the conditions provided for in Articles 2, 3, 4 and 5 of this
Convention, but in no case shall the length of such modification bear to
the length of the basic week a proportion greater than that which obtains
in those Articles;
- (e) a weekly rest period of twenty-four
consecutive hours shall be allowed to all classes of workers;
- (f) the provision in Japanese factory
legislation limiting its application to places employing fifteen or more
persons shall be amended so that such legislation shall apply to places
employing ten or more persons;
- (g) the provisions of the above paragraphs of
this Article shall be brought into operation not later than 1 July 1922,
except that the provisions of Article 4 as modified by paragraph (d) of
this Article shall be brought into operation not later than 1 July 1923;
- (h) the age of fifteen prescribed in paragraph
(c) of this Article shall be raised, not later than 1 July 1925, to
sixteen.
Article 10
In British India the principle of a sixty-hour week shall be adopted for all workers in the industries at present covered by the factory acts administered by the Government of India, in mines, and in such branches of railway work as shall be specified for this purpose by the competent authority. Any modification of this limitation made by the competent authority shall be subject to the provisions of Articles 6 and 7 of this Convention. In other respects the provisions of this Convention shall not apply to India, but further provisions limiting the hours of work in India shall be considered at a future meeting of the General Conference.
Article 11
The provisions of this Convention shall not apply to China, Persia, and Siam, but provisions limiting the hours of work in these countries shall be considered at a future meeting of the General Conference.
Article 12
In the application of this Convention to Greece, the date at which its provisions shall be brought into operation in accordance with Article 19 may be extended to not later than 1 July 1923, in the case of the following industrial undertakings:
- (1) carbon-bisulphide works,
- (2) acid works,
- (3) tanneries,
- (4) paper mills,
- (5) printing works,
- (6) sawmills,
- (7) warehouses for the handling and preparation
of tobacco,
- (8) surface mining,
- (9) foundries,
- (10) lime works,
- (11) dye works,
- (12) glassworks (blowers),
- (13) gas works (firemen),
- (14) loading and unloading merchandise;
- (1)
mechanical industries: machine shops for engines, safes, scales, beds,
tacks, shells (sporting), iron foundries, bronze foundries, tin shops,
plating shops, manufactories of hydraulic apparatus;
- (2)
constructional industries: limekilns, cement works, plasterers' shops,
tile yards, manufactories of bricks and pavements, potteries, marble
yards, excavating and building work;
- (3)
textile industries: spinning and weaving mills of all kinds, except dye
works;
- (4)
food industries: flour and grist-mills, bakeries, macaroni factories,
manufactories of wines, alcohol, and drinks, oil works, breweries,
manufactories of ice and carbonated drinks, manufactories of
confectioners' products and chocolate, manufactories of sausages and
preserves, slaughterhouses, and butcher shops;
- (5)
chemical industries: manufactories of synthetic colours, glassworks
(except the blowers), manufactories of essence of turpentine and tartar,
manufactories of oxygen and pharmaceutical products, manufactories of
flaxseed oil, manufactories of glycerine, manufactories of calcium
carbide, gas works (except the firemen);
- (6)
leather industries: shoe factories, manufactories of leather goods;
- (7)
paper and printing industries: manufactories of envelopes, record books,
boxes, bags, bookbinding, lithographing, and zinc-engraving shops;
- (8)
clothing industries: clothing shops, underwear and trimmings, workshops
for pressing, workshops for bed coverings, artificial flowers, feathers,
and trimmings, hat and umbrella factories;
- (9)
woodworking industries: joiners' shops, coopers' sheds, wagon factories,
manufactories of furniture and chairs, picture-framing establishments,
brush and broom factories;
- (10)
electrical industries: power houses, shops for electrical installations;
- (11)
transportation by land: employees on railroads and street cars, firemen,
drivers, and carters.
Article 13
In the application of this Convention to Rumania the date at which its provisions shall be brought into operation in accordance with Article 19 may be extended to not later than 1 July 1924.
Article 14
The operation of the provisions of this Convention may be suspended in any country by the Government in the event of war or other emergency endangering the national safety.
Article 15
The formal ratifications of this Convention, under the conditions set forth in the Constitution of the International Labour Organisation, shall be communicated to the Director-General of the International Labour Office for registration.
Article 16
- 1. Each Member of the International
Labour Organisation which ratifies this Convention engages to apply it to
its colonies, protectorates and possessions which are not fully
self-governing--
- (a) except where owing to the
local conditions its provisions are inapplicable; or
- (b) subject to such modifications
as may be necessary to adapt its provisions to local conditions.
- 2. Each Member shall notify to the
International Labour Office the action taken in respect of each of its
colonies, protectorates, and possessions which are not fully
self-governing.
Article 17
As soon as the ratifications of two Members of the International Labour Organisation have been registered with the International Labour Office, the Director-General of the International Labour Office shall so notify all the Members of the International Labour Organisation.
Article 18
This Convention shall come into force at the date on which such notification is issued by the Director-General of the International Labour Office, and it shall then be binding only upon those Members which have registered their ratifications with the International Labour Office. Thereafter this Convention will come into force for any other Member at the date on which its ratification is registered with the International Labour Office.
Article 19
Each Member which ratifies this Convention agrees to bring its provisions into operation not later than 1 July 1921, and to take such action as may be necessary to make these provisions effective.
Article 20
A Member which has ratified this Convention may denounce it after the expiration of ten years from the date on which the Convention first comes into force, by an act communicated to the Director-General of the International Labour Office for registration. Such denunciation shall not take effect until one year after the date on which it is registered with the International Labour Office.
Article 21
At such times as it may consider necessary the Governing Body of the International Labour Office shall present to the General Conference a report on the working of this Convention and shall examine the desirability of placing on the agenda of the Conference the question of its revision in whole or in part.
Article 22
The French and English texts of this Convention shall both be authentic.
Unemployment Convention, 1919 (No. 2)
Preamble
The General Conference of the International Labour Organisation,
Having been convened at Washington by the Government of the United States of America on the 29th day of October 1919, and
Having decided upon the adoption of certain proposals with regard to the "question of preventing or providing against unemployment", which is the second item in the agenda for the Washington meeting of the Conference, and
Having determined that these proposals shall take the form of an international Convention,
adopts the following Convention, which may be cited as the Unemployment Convention, 1919, for ratification by the Members of the International Labour Organisation in accordance with the provisions of the Constitution of the International Labour Organisation:
Article 1
Each Member which ratifies this Convention shall communicate to the International Labour Office, at intervals as short as possible and not exceeding three months, all available information, statistical or otherwise, concerning unemployment, including reports on measures taken or contemplated to combat unemployment. Whenever practicable, the information shall be made available for such communication not later than three months after the end of the period to which it relates.
Article 2
- 1. Each Member which ratifies this Convention
shall establish a system of free public employment agencies under the
control of a central authority. Committees, which shall include
representatives of employers and of workers, shall be appointed to advise
on matters concerning the carrying on of these agencies.
- 2. Where both public and private free
employment agencies exist, steps shall be taken to co-ordinate the
operations of such agencies on a national scale.
- 3. The operations of the various national
systems shall be co-ordinated by the International Labour Office in
agreement with the countries concerned.
Article 3
The Members of the International Labour Organisation which ratify this Convention and which have established systems of insurance against unemployment shall, upon terms being agreed between the Members concerned, make arrangements whereby workers belonging to one Member and working in the territory of another shall be admitted to the same rates of benefit of such insurance as those which obtain for the workers belonging to the latter.
Article 4
The formal ratifications of this Convention, under the conditions set forth in the Constitution of the International Labour Organisation, shall be communicated to the Director-General of the International Labour Office for registration.
Article 5
- 1. Each Member of the International Labour
Organisation which ratifies this Convention engages to apply it to its
colonies, protectorates and possessions which are not fully self-governing--
- (a) except where owing to the
local conditions its provisions are inapplicable; or
- (b) subject to such modifications
as may be necessary to adapt its provisions to local conditions.
- 2. Each Member shall notify to the
International Labour Office the action taken in respect of each of its
colonies, protectorates, and possessions which are are not fully
self-governing.
Article 6
As soon as the ratifications of three Members of the International Labour Organisation have been registered with the International Labour Office, the Director-General of the International Labour Office shall so notify all the Members of the International Labour Organisation.
Article 7
This Convention shall come into force at the date on which such notification is issued by the Director-General of the International Labour Office, but it shall then be binding only upon those Members which have registered their ratifications with the International Labour Office. Thereafter this Convention will come into force for any other Member at the date on which its ratification is registered with the International Labour Office.
Article 8
Each Member which ratifies this Convention agrees to bring its provisions into operation not later than 1 July 1921, and to take such action as may be necessary to make these provisions effective.
Article 9
A Member which has ratified this Convention may denounce it after the expiration of ten years from the date on which the Convention first comes into force, by an act communicated to the Director-General of the International Labour Office for registration. Such denunciation shall not take effect until one year after the date on which it is registered with the International Labour Office.
Article 10
At such times as it may consider necessary the Governing Body of the International Labour Office shall present to the General Conference a report on the working of this Convention and shall examine the desirability of placing on the agenda of the Conference the question of its revision in whole or in part.
Article 11
The French and English texts of this Convention shall both be authentic.
Maternity Protection Convention, 1919 (No. 3)
Convention concerning the Employment of Women before and after Childbirth
Preamble
The General Conference of the International Labour Organisation,
Having been convened at Washington by the Government of the United States of America on the 29th day of October 1919, and
Having decided upon the adoption of certain proposals with regard to "women's employment, before and after childbirth, including the question of maternity benefit", which is part of the third item in the agenda for the Washington meeting of the Conference, and
Having determined that these proposals shall take the form of an international Convention,
adopts the following Convention, which may be cited as the Maternity Protection Convention, 1919, for ratification by the Members of the International Labour Organisation in accordance with the provisions of the Constitution of the International Labour Organisation:
Article 1
- 1. For the purpose of this Convention, the term
industrial undertaking includes particularly--
- (a) mines, quarries, and other
works for the extraction of minerals from the earth;
- (b) industries in which articles
are manufactured, altered, cleaned, repaired, ornamented, finished,
adapted for sale, broken up or demolished, or in which materials are
transformed; including shipbuilding and the generation, transformation,
and transmission of electricity or motive power of any kind;
- (c) construction, reconstruction,
maintenance, repair, alteration, or demolition of any building, railway,
tramway, harbour, dock, pier, canal, inland waterway, road, tunnel,
bridge, viaduct, sewer, drain, well, telegraphic or telephonic
installation, electrical undertaking, gas work, water work, or other work
of construction, as well as the preparation for or laying the foundation
of any such work or structure;
- (d) transport of passengers or
goods by road, rail, sea, or inland waterway, including the handling of
goods at docks, quays, wharves, and warehouses, but excluding transport
by hand.
- 2. For the purpose of this Convention, the term
commercial undertaking includes any place where articles are
sold or where commerce is carried on.
- 3. The competent authority in each country shall
define the line of division which separates industry and commerce from
agriculture.
Article 2
For the purpose of this Convention, the term woman signifies any female person, irrespective of age or nationality, whether married or unmarried, and the term child signifies any child whether legitimate or illegitimate.
Article 3
In any public or private industrial or commercial undertaking, or in any branch thereof, other than an undertaking in which only members of the same family are employed, a woman--
- (a) shall not be permitted to work during the
six weeks following her confinement;
- (b) shall have the right to leave her work if
she produces a medical certificate stating that her confinement will
probably take place within six weeks;
- (c) shall, while she is absent from her work in
pursuance of paragraphs (a) and (b), be paid benefits sufficient for the
full and healthy maintenance of herself and her child, provided either out
of public funds or by means of a system of insurance, the exact amount of
which shall be determined by the competent authority in each country, and
as an additional benefit shall be entitled to free attendance by a doctor
or certified midwife; no mistake of the medical adviser in estimating the
date of confinement shall preclude a woman from receiving these benefits
from the date of the medical certificate up to the date on which the
confinement actually takes place;
- (d) shall in any case, if she is nursing her
child, be allowed half an hour twice a day during her working hours for
this purpose.
Article 4
Where a woman is absent from her work in accordance with paragraph (a) or (b) of Article 3 of this Convention, or remains absent from her work for a longer period as a result of illness medically certified to arise out of pregnancy or confinement and rendering her unfit for work, it shall not be lawful, until her absence shall have exceeded a maximum period to be fixed by the competent authority in each country, for her employer to give her notice of dismissal during such absence, nor to give her notice of dismissal at such a time that the notice would expire during such absence.
Article 5
The formal ratifications of this Convention, under the conditions set forth in the Constitution of the International Labour Organisation, shall be communicated to the Director-General of the International Labour Office for registration.
Article 6
- 1. Each Member of the International Labour
Organisation which ratifies this Convention engages to apply it to its
colonies, protectorates and possessions which are not fully
self-governing--
- (a) except where owing to the
local conditions its provisions are inapplicable; or
- (b) subject to such modifications
as may be necessary to adapt its provisions to local conditions.
- 2. Each Member shall notify to the International
Labour Office the action taken in respect of each of its colonies,
protectorates, and possessions which are not fully self-governing.
Article 7
As soon as the ratifications of two Members of the International Labour Organisation have been registered with the International Labour Office, the Director-General of the International Labour Office shall so notify all the Members of the International Labour Organisation.
Article 8
This Convention shall come into force at the date on which such notification is issued by the Director-General of the International Labour Office, but it shall then be binding only upon those Members which have registered their ratifications with the International Labour Office. Thereafter this Convention will come into force for any other Member at the date on which its ratification is registered with the International Labour Office.
Article 9
Each Member which ratifies this Convention agrees to bring its provisions into operation not later than 1 July 1922, and to take such action as may be necessary to make these provisions effective.
Article 10
A Member which has ratified this Convention may denounce it after the expiration of ten years from the date on which the Convention first comes into force, by an act communicated to the Director-General of the International Labour Office for registration. Such denunciation shall not take effect until one year after the date on which it is registered with the International Labour Office.
Article 11
At such times as it may consider necessary the Governing Body of the International Labour Office shall present to the General Conference a report on the working of this Convention and shall examine the desirability of placing on the agenda of the Conference the question of its revision in whole or in part.
Article 12
The French and English texts of this Convention shall both be authentic.
Night Work (Women) Convention, 1919 (No. 4)
Convention concerning Employment of Women during the Night
Preamble
The General Conference of the International Labour Organisation,
Having been convened at Washington by the Government of the United States of America on the 29th day of October 1919, and
Having decided upon the adoption of certain proposals with regard to women's employment; during the night, which is part of the third item in the agenda for the Washington meeting of the Conference, and
Having determined that these proposals shall take the form of an international Convention,
adopts the following Convention, which may be cited as the Night Work (Women) Convention, 1919, for ratification by the Members of the International Labour Organisation in accordance with the provisions of the International Labour Organisation:
Article 1
- 1. For the purpose of this Convention, the term
industrial undertaking includes particularly--
- (a) mines, quarries, and other
works for the extraction of minerals from the earth;
- (b) industries in which articles
are manufactured, altered, cleaned, repaired, ornamented, finished,
adapted for sale, broken up or demolished, or in which materials are
transformed; including shipbuilding, and the generation, transformation,
and transmission of electricity or motive power of any kind;
- (c) construction, reconstruction,
maintenance, repair, alteration, or demolition of any building, railway,
tramway, harbour, dock, pier, canal, inland waterway, road, tunnel,
bridge, viaduct, sewer, drain, well, telegraphic or telephonic
installation, electrical undertaking, gas work, waterwork, or other work
of construction, as well as the preparation for or laying the foundations
of any such work or structure.
- 2. The competent authority in each country
shall define the line of division which separates industry from commerce
and agriculture.
Article 2
- 1. For the purpose of this Convention, the term
night signifies a period of at least eleven consecutive
hours, including the interval between ten o'clock in the evening and five
o'clock in the morning.
- 2. In those countries where no Government
regulation as yet applies to the employment of women in industrial
undertakings during the night, the term night may
provisionally, and for a maximum period of three years, be declared by the
Government to signify a period of only ten hours, including the interval
between ten o'clock in the evening and five o'clock in the morning.
Article 3
Women without distinction of age shall not be employed during the night in any public or private industrial undertaking, or in any branch thereof, other than an undertaking in which only members of the same family are employed.
Article 4
Article 3 shall not apply--
- (a) in cases of "force majeure", when
in any undertaking there occurs an interruption of work which it was
impossible to foresee, and which is not of a recurring character;
- (b) in cases where the work has to do with raw
materials or materials in course of treatment which are subject to rapid
deterioration, when such night work is necessary to preserve the said
materials from certain loss.
Article 5
In India and Siam, the application of Article 3 of this Convention may be suspended by the Government in respect to any industrial undertaking, except factories as defined by the national law. Notice of every such suspension shall be filed with the International Labour Office.
Article 6
In industrial undertakings which are influenced by the seasons and in all cases where exceptional circumstances demand it, the night period may be reduced to ten hours on sixty days of the year.
Article 7
In countries where the climate renders work by day particularly trying to the health, the night period may be shorter than prescribed in the above Articles, provided that compensatory rest is accorded during the day.
Article 8
The formal ratifications of this Convention, under the conditions set forth in the Constitution of the International Labour Organisation, shall be communicated to the Director-General of the International Labour Office for registration.
Article 9
- 1.
Each Member of the International Labour Organisation which ratifies this
Convention engages to apply it to its colonies, protectorates and
possessions which are not fully self-governing--
- (a) except where owing to the
local conditions its provisions are inapplicable; or
- (b) subject to such modifications
as may be necessary to adapt its provisions to local conditions.
- 2.
Each Member shall notify to the International Labour Office the action
taken in respect of each of its colonies, protectorates, and possessions
which are not fully self-governing.
Article 10
As soon as the ratifications of two Members of the International Labour Organisation have been registered with the International Labour Office, the Director-General of the International Labour Office shall so notify all the Members of the International Labour Organisation.
Article 11
This Convention shall come into force at the date on which such notification is issued by the Director-General of the International Labour Office, but it shall then be binding only upon those Members which have registered their ratifications with the International Labour Office. Thereafter this Convention will come into force for any other Member at the date on which its ratification is registered with the International Labour Office.
Article 12
Each Member which ratifies this Convention agrees to bring its provisions into operation not later than 1 July 1922, and to take such action as may be necessary to make these provisions effective.
Article 13
A Member which has ratified this Convention may denounce it after the expiration of ten years from the date on which the Convention first comes into force, by an act communicated to the Director-General of the International Labour Office for registration. Such denunciation shall not take effect until one year after the date on which it is registered with the International Labour Office.
Article 14
At such times as it may consider necessary the Governing Body of the International Labour Office shall present to the General Conference a report on the working of this Convention, and shall examine the desirability of placing on the agenda of the Conference the question of its revision in whole or in part.
Article 15
The French and English texts of this Convention shall both be authentic.
Minimum Age (Industry) Convention, 1919 (No. 5)
Convention Fixing the Minimum Age for Admission of Children to Industrial Employment (Entry into force: 13 Jun 1921)
Preamble
The General Conference of the International Labour Organisation,
Having been convened at Washington by the Government of the United States of America on the 29th day of October 1919, and
Having decided upon the adoption of certain proposals with regard to the "employment of children: minimum age of employment", which is part of the fourth item in the agenda for the Washington meeting of the Conference, and
Having determined that these proposals shall take the form of an international Convention,
adopts the following Convention, which may be cited as the Minimum Age (Industry) Convention, 1919, for ratification by the Members of the International Labour Organisation in accordance with the provisions of the Constitution of the International Labour Organisation:
Article 1
- 1. For the purpose of this Convention, the term
industrial undertaking includes particularly--
- (a) mines, quarries and other
works for the extraction of minerals from the earth;
- (b) industries in which articles
are manufactured, altered, cleaned, repaired, ornamented, finished,
adapted for sale, broken up or demolished, or in which materials are
transformed; including shipbuilding, and the generation, transformation,
and transmission of electricity and motive power of any kind;
- (c) construction, reconstruction,
maintenance, repair, alteration, or demolition of any building, railway,
tramway, harbour, dock, pier, canal, inland waterway, road, tunnel,
bridge, viaduct, sewer, drain, well, telegraphic or telephonic
installation, electrical undertaking, gas work, water work, or other work
of construction, as well as the preparation for or laying the foundations
of any such work or structure;
- (d) transport of passengers or
goods by road or rail or inland waterway, including the handling of goods
at docks, quays, wharves, and warehouses, but excluding transport by
hand.
- 2. The competent authority in each country
shall define the line of division which separates industry from commerce
and agriculture.
Article 2
Children under the age of fourteen years shall not be employed or work in any public or private industrial undertaking, or in any branch thereof, other than an undertaking in which only members of the same family are employed.
Article 3
The provisions of Article 2 shall not apply to work done by children in technical schools, provided that such work is approved and supervised by public authority.
Article 4
In order to facilitate the enforcement of the provisions of this Convention, every employer in an industrial undertaking shall be required to keep a register of all persons under the age of sixteen years employed by him, and of the dates of their births.
Article 5
- 1. In connection with the application of this
Convention to Japan, the following modifications of Article 2 may be made:
- (a) children over twelve years of
age may be admitted into employment if they have finished the course in
the elementary school;
- (b) as regards children between
the ages of twelve and fourteen already employed, transitional regulation
may be made.
- 2. The provisions in the present Japanese law
admitting children under the age of twelve years to certain light and easy
employments shall be repealed.
Article 6
The provisions of Article 2 shall not apply to India, but in India children under twelve years of age shall not be employed--
- (a) in manufactories working with power and
employing more than ten persons;
- (b) in mines, quarries, and other works for the
extracting of minerals from the earth;
- (c) in the transport of passengers or goods, or
mails, by rail, or in the handling of goods at docks, quays, and wharves,
but excluding transport by hand.
Article 7
The formal ratifications of this Convention, under the conditions set forth in the Constitution of the International Labour Organisation, shall be communicated to the Director-General of the International Labour Office for registration.
Article 8
- 1. Each Member of the International Labour
Organisation which ratifies this Convention engages to apply it to its
colonies, protectorates and possessions which are not fully
self-governing--
- (a) except where owing to the
local conditions its provisions are inapplicable; or
- (b) subject to such modifications
as may be necessary to adapt its provisions to local conditions.
- 2. Each Member shall notify to the
International Labour Office the action taken in respect to each of its
colonies, protectorates, and possessions which are not fully
self-governing.
Article 9
As soon as the ratifications of two Members of the International Labour Organisation have been registered with the International Labour Office, the Director-General of the International Labour Office shall so notify all the Members of the International Labour Organisation.
Article 10
This Convention shall come into force at the date on which such notification is issued by the Director-General of the International Labour Office, but it shall then be binding only upon those Members which have registered their ratifications with the International Labour Office. Thereafter this Convention will come into force for any other Member at the date on which its ratification is registered with the International Labour Office.
Article 11
Each Member which ratifies this Convention agrees to bring its provisions into operation not later than 1 July 1922, and to take such action as may be necessary to make these provisions effective.
Article 12
A Member which has ratified this Convention may denounce it after the expiration of ten years from the date on which the Convention first comes into force, by an act communicated to the Director-General of the International Labour Office for registration. Such denunciation shall not take effect until one year after the date on which it is registered with the International Labour Office.
Article 13
At such times as it may consider necessary the Governing Body of the International Labour Office shall present to the General Conference a report on the working of this Convention and shall examine the desirability of placing on the agenda of the Conference the question of its revision in whole or in part.
Article 14
The French and English texts of this Convention shall both be authentic.
Night Work of Young Persons (Industry) Convention, 1919 (No. 6)
Convention concerning the Night Work of Young Persons Employed in Industry (Entry into force: 13 Jun 1921)
Preamble
The General Conference of the International Labour Organisation,
Having been convened by the Government of the United States of America at Washington, on the 29 October 1919, and
Having decided upon the adoption of certain proposals with regard to the "employment of children: during the night", which is part of the fourth item in the agenda for the Washington meeting of the Conference, and
Having determined that these proposals shall take the form of an international Convention,
adopts the following Convention, which may be cited as the Night Work of Young Persons (Industry) Convention, 1919, for ratification by the Members of the International Labour Organisation in accordance with the provisions of the Constitution of the International Labour Organisation:
Article 1
- 1. For the purpose of this Convention, the term
industrial undertaking includes particularly--
- (a) mines, quarries and other
works for the extraction of minerals from the earth;
- (b) industries in which articles
are manufactured, altered, cleaned, repaired, ornamented, finished,
adapted for sale, broken up, or demolished, or in which materials are
transformed; including shipbuilding, and the generation, transformation,
and transmission of electricity or motive power of any kind;
- (c) construction, reconstruction,
maintenance, repair, alteration, or demolition of any building, railway,
tramway, harbour, dock, pier, canal, inland waterway, road, tunnel,
bridge, viaduct, sewer, drain, well, telegraphic or telephonic
installation, electrical undertaking, gas work, water work, or other work
of construction as well as the preparation for or laying the foundations
of any such work or structure;
- (d) transport of passengers or
goods by road or rail, including the handling of goods at docks, quays,
wharves, and warehouses, but excluding transport by hand.
- 2. The competent authority in each country
shall define the line of division which separates industry from commerce
and agriculture.
Article 2
- 1. Young persons under eighteen years of age
shall not be employed during the night in any public or private industrial
undertaking, or in any branch thereof, other than an undertaking in which
only members of the same family are employed, except as hereinafter provided
for.
- 2. Young persons over the age of sixteen may be
employed during the night in the following industrial undertakings on work
which, by reason of the nature of the process, is required to be carried
on continuously day and night:
- (a) manufacture of iron and steel;
processes in which reverberatory or regenerative furnaces are used, and
galvanising of sheet metal or wire (except the pickling process);
- (b) glass works;
- (c) manufacture of paper;
- (d) manufacture of raw sugar;
- (e) gold mining reduction work.
Article 3
- 1. For the purpose of this Convention, the term
night signifies a period of at least eleven consecutive
hours, including the interval between ten o'clock in the evening and five
o'clock in the morning.
- 2. In coal and lignite mines work may be
carried on in the interval between ten o'clock in the evening and five
o'clock in the morning, if an interval of ordinarily fifteen hours, and in
no case of less than thirteen hours, separates two periods of work.
- 3. Where night work in the baking industry is
prohibited for all workers, the interval between nine o'clock in the
evening and four o'clock in the morning may be substituted in the baking
industry for the interval between ten o'clock in the evening and five
o'clock in the morning.
- 4. In those tropical
countries in which work is suspended during the middle of the day, the
night period may be shorter than eleven hours if compensatory rest is
accorded during the day.
Article 4
The provisions of Articles 2 and 3 shall not apply to the night work of young persons between the ages of sixteen and eighteen years in case of emergencies which could not have been controlled or foreseen, which are not of a periodical character, and which interfere with the normal working of the industrial undertaking.
Article 5
In the application of this Convention to Japan, until 1 July 1925, Article 2 shall apply only to young persons under fifteen years of age and thereafter it shall apply only to young persons under sixteen years of age.
Article 6
In the application of this Convention to India, the term "industrial undertaking" shall include only "factories" as defined in the Indian Factory Act, and Article 2 shall not apply to male young persons over fourteen years of age.
Article 7
The prohibition of night work may be suspended by the Government, for young persons between the ages of sixteen and eighteen years, when in case of serious emergency the public interest demands it.
Article 8
The formal ratifications of this Convention, under the conditions set forth in the Constitution of the International Labour Organisation, shall be communicated to the Director-General of the International Labour Office for registration.
Article 9
- 1. Each Member of the International Labour
Organisation which ratifies this Convention engages to apply it to its
colonies, protectorates and possessions which are not fully
self-governing--
- (a) except where owing to the
local conditions its provisions are inapplicable; or
- (b) subject to such modifications
as may be necessary to adapt its provisions to local conditions.
- 2. Each Member shall notify to the
International Labour Office the action taken in respect of each of its
colonies, protectorates, and possessions which are not fully
self-governing.
Article 10
As soon as the ratifications of two Members of the International Labour Organisation have been registered with the International Labour Office, the Director-General of the International Labour Office shall so notify all the Members of the International Labour Organisation.
Article 11
This Convention shall come into force at the date on which such notification is issued by the Director-General of the International Labour Office, and it shall then be binding only upon those Members which have registered their ratifications with the International Labour Office. Thereafter this Convention will come into force for any other Member at the date on which its ratification is registered with the International Labour Office.
Article 12
Each Member which ratifies this Convention agrees to bring its provisions into operation not later than 1 July 1922, and to take such action as may be necessary to make these provisions effective.
Article 13
A Member which has ratified this Convention may denounce it after the expiration of ten years from the date on which the Convention first comes into force, by an act communicated to the Director-General of the International Labour Office for registration. Such denunciation shall not take effect until one year after the date on which it is registered with the International Labour Office.
Article 14
At such times as it may consider necessary the Governing Body of the International Labour Office shall present to the General Conference a report on the working of this Convention and shall examine the desirability of placing on the agenda of the Conference the question of its revision in whole or in part.
Article 15
The French and English texts of this Convention shall both be authentic.
Workmen's Compensation (Accidents) Convention, 1925 (No. 17)
Convention concerning Workmen's Compensation for Accidents (Entry into force: 01 Apr 1927)
Preamble
The General Conference of the International Labour Organisation,
Having been convened at Geneva by the Governing Body of the International Labour Office, and having met in its Seventh Session on 19 May 1925, and
Having decided upon the adoption of certain proposals with regard to workmen's compensation for accidents, which is included in the first item of the agenda of the Session, and
Having determined that these proposals shall take the form of an international Convention,
adopts this tenth day of June of the year one thousand nine hundred and twenty-five the following Convention, which may be cited as the Workmen's Compensation (Accidents) Convention, 1925, for ratification by the Members of the International Labour Organisation in accordance with the provisions of the Constitution of the International Labour Organisation:
Article 1
Each Member of the International Labour Organisation which ratifies this Convention undertakes to ensure that workmen who suffer personal injury due to an industrial accident, or their dependants, shall be compensated on terms at least equal to those provided by this Convention.
Article 2
- 1.
The laws and regulations as to workmen's compensation shall apply to
workmen, employees and apprentices employed by any enterprise, undertaking
or establishment of whatsoever nature, whether public or private.
- 2.
It shall nevertheless be open to any Member to make such exceptions in its
national legislation as it deems necessary in respect of--
- (a) persons whose employment is of
a casual nature and who are employed otherwise than for the purpose of
the employer's trade or business;
- (b) out-workers;
- (c) members of the employer's
family who work exclusively on his behalf and who live in his house;
- (d) non-manual workers whose
remuneration exceeds a limit to be determined by national laws or
regulations.
Article 3
This Convention shall not apply to--
- (1) seamen and fishermen for whom provision
shall be made by a later Convention;
- (2) persons covered by some special scheme, the
terms of which are not less favourable than those of this Convention.
Article 4
This Convention shall not apply to agriculture, in respect of which the Convention concerning workmen's compensation in agriculture adopted by the International Labour Conference at its Third Session remains in force.
Article 5
The compensation payable to the injured workman, or his dependants, where permanent incapacity or death results from the injury, shall be paid in the form of periodical payments; provided that it may be wholly or partially paid in a lump sum, if the competent authority is satisfied that it will be properly utilised.
Article 6
In case of incapacity, compensation shall be paid not later than as from the fifth day after the accident, whether it be payable by the employer, the accident insurance institution, or the sickness insurance institution concerned.
Article 7
In cases where the injury results in incapacity of such a nature that the injured workman must have the constant help of another person, additional compensation shall be provided.
Article 8
The national laws or regulations shall prescribe such measures of supervision and methods of review as are deemed necessary.
Article 9
Injured workmen shall be entitled to medical aid and to such surgical and pharmaceutical aid as is recognised to be necessary in consequence of accidents. The cost of such aid shall be defrayed either by the employer, by accident insurance institutions, or by sickness or invalidity insurance institutions.
Article 10
- 1. Injured workmen shall be entitled to the
supply and normal renewal, by the employer or insurer, of such artificial
limbs and surgical appliances as are recognised to be necessary: provided
that national laws or regulations may allow in exceptional circumstances
the supply and renewal of such artificial limbs and appliances to be
replaced by the award to the injured workman of a sum representing the
probable cost of the supply and renewal of such appliances, this sum to be
decided at the time when the amount of compensation is settled or revised.
- 2. National laws or regulations shall provide
for such supervisory measures as are necessary, either to prevent abuses
in connection with the renewal of appliances, or to ensure that the
additional compensation is utilised for this purpose.
Article 11
The national laws or regulations shall make such provision as, having regard to national circumstances, is deemed most suitable for ensuring in all circumstances, in the event of the insolvency of the employer or insurer, the payment of compensation to workmen who suffer personal injury due to industrial accidents, or, in case of death, to their dependants.
Article 12
The formal ratifications of this Convention, under the conditions set forth in the Constitution of the International Labour Organisation, shall be communicated to the Director-General of the International Labour Office for registration.
Article 13
- 1. This Convention shall come into force at the
date on which the ratifications of two Members of the International Labour
Organisation have been registered by the Director-General.
- 2. It shall be binding only upon those Members
whose ratifications have been registered with the International Labour
Office.
- 3. Thereafter, the Convention shall come into
force for any Member at the date on which its ratification has been
registered with the International Labour Office.
Article 14
As soon as the ratifications of two Members of the International Labour Organisation have been registered with the International Labour Office, the Director-General of the International Labour Office shall so notify all the Members of the International Labour Organisation. He shall likewise notify them of the registration of ratifications which may be communicated subsequently by other Members of the Organisation.
Article 15
Subject to the provisions of Article 13, each Member which ratifies this Convention agrees to bring the provisions of Articles 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, and 11 into operation not later than 1 January 1927 and to take such action as may be necessary to make these provisions effective.
Article 16
Each Member of the International Labour Organisation which ratifies this Convention engages to apply it to its colonies, possessions and protectorates, in accordance with the provisions of Article 35 of the Constitution of the International Labour Organisation.
Article 17
A Member which has ratified this Convention may denounce it after the expiration of five years from the date on which the Convention first comes into force, by an act communicated to the Director-General of the International Labour Office for registration. Such denunciation shall not take effect until one year after the date on which it is registered with the International Labour Office.
Article 18
At such times as it may consider necessary the Governing Body of the International Labour Office shall present to the General Conference a report on the working of this Convention and shall examine the desirability of placing on the agenda of the Conference the question of its revision in whole or in part.
Article 19
The French and English texts of this Convention shall both be authentic.
Weekly Rest (Industry) Convention, 1921 (No. 14)
Convention concerning the Application of the Weekly Rest in Industrial Undertakings (Entry into force: 19 Jun 1923)
Preamble
The General Conference of the International Labour Organisation,
Having been convened at Geneva by the Governing Body of the International Labour Office, and having met in its Third Session on 25 October 1921, and
Having decided upon the adoption of certain proposals with regard to the weekly rest day in industrial employment, which is included in the seventh item of the agenda of the Session, and
Having determined that these proposals shall take the form of an international Convention,
adopts the following Convention, which may be cited as the Weekly Rest (Industry) Convention, 1921, for ratification by the Members of the International Labour Organisation in accordance with the provisions of the Constitution of the International Labour Organisation:
Article 1
- 1.
For the purpose of this Convention, the term industrial undertaking
includes--
- (a) mines, quarries, and other
works for the extraction of minerals from the earth;
- (b) industries in which articles
are manufactured, altered, cleaned, repaired, ornamented, finished,
adapted for sale, broken up or demolished, or in which materials are
transformed; including shipbuilding and the generation, transformation
and transmission of electricity or motive power of any kind;
- (c) construction, reconstruction,
maintenance, repair, alteration, or demolition of any building, railway,
tramway, harbour, dock, pier, canal, inland waterway, road, tunnel,
bridge, viaduct, sewer, drain, well, telegraphic or telephonic
installation, electrical undertaking, gas work, water work, or other work
of construction, as well as the preparation for or laying the foundations
of any such work or structure;
- (d) transport of passengers or
goods by road, rail, or inland waterway, including the handling of goods
at docks, quays, wharves or warehouses, but excluding transport by hand.
- 2.
This definition shall be subject to the special national exceptions
contained in the Washington Convention limiting the hours of work in
industrial undertakings to eight in the day and forty-eight in the week,
so far as such exceptions are applicable to the present Convention.
- 3.
Where necessary, in addition to the above enumeration, each Member may
define the line of division which separates industry from commerce and
agriculture.
Article 2
- 1.
The whole of the staff employed in any industrial undertaking, public or
private, or in any branch thereof shall, except as otherwise provided for
by the following Articles, enjoy in every period of seven days a period of
rest comprising at least twenty-four consecutive hours.
- 2.
This period of rest shall, wherever possible, be granted simultaneously to
the whole of the staff of each undertaking.
- 3.
It shall, wherever possible, be fixed so as to coincide with the days
already established by the traditions or customs of the country or
district.
Article 3
Each Member may except from the application of the provisions of Article 2 persons employed in industrial undertakings in which only the members of one single family are employed.
Article 4
- 1. Each Member may authorise total or partial
exceptions (including suspensions or diminutions) from the provisions of
Article 2, special regard being had to all proper humanitarian and
economic considerations and after consultation with responsible
associations of employers and workers, wherever such exist.
- 2. Such consultation shall not be necessary in
the case of exceptions which have already been made under existing
legislation.
Article 5
Each Member shall make, as far as possible, provision for compensatory periods of rest for the suspensions or diminutions made in virtue of Article 4, except in cases where agreements or customs already provide for such periods.
Article 6
- 1.
Each Member will draw up a list of the exceptions made under Articles 3
and 4 of this Convention and will communicate it to the International
Labour Office, and thereafter in every second year any modifications of
this list which shall have been made.
- 2.
The International Labour Office will present a report on this subject to
the General Conference of the International Labour Organisation.
Article 7
In order to facilitate the application of the provisions of this Convention, each employer, director, or manager, shall be obliged--
- (a) where the weekly rest is given to the whole
of the staff collectively, to make known such days and hours of collective
rest by means of notices posted conspicuously in the establishment or any
other convenient place, or in any other manner approved by the Government;
- (b) where the rest period is not granted to the
whole of the staff collectively, to make known, by means of a roster drawn
up in accordance with the method approved by the legislation of the
country, or by a regulation of the competent authority, the workers or
employees subject to a special system of rest, and to indicate that
system.
Article 8
The formal ratifications of this Convention, under the conditions set forth in the Constitution of the International Labour Organisation, shall be communicated to the Director-General of the International Labour Office for registration.
Article 9
- 1.
This Convention shall come into force at the date on which the
ratifications of two Members of the International Labour Organisation have
been registered by the Director-General.
- 2.
It shall be binding only upon those Members whose ratifications have been
registered with the International Labour Office.
- 3.
Thereafter, the Convention shall come into force for any Member at the
date on which its ratification has been registered with the International
Labour Office.
Article 10
As soon as the ratifications of two Members of the International Labour Organisation have been registered with the International Labour Office, the Director-General of the International Labour Office shall so notify all the Members of the International Labour Organisation. He shall likewise notify them of the registration of the ratifications which may be communicated subsequently by other Members of the Organisation.
Article 11
Each Member which ratifies this Convention agrees to bring the provisions of Articles 1, 2, 3, 4, 5, 6 and 7 into operation not later than 1 January 1924 and to take such action as may be necessary to make these provisions effective.
Article 12
Each Member of the International Labour Organisation which ratifies this Convention engages to apply it to its colonies, possessions and protectorates, in accordance with the provisions of Article 35 of the Constitution of the International Labour Organisation.
Article 13
A Member which has ratified this Convention may denounce it after the expiration of ten years from the date on which the Convention first comes into force, by an act communicated to the Director-General of the International Labour Office for registration. Such denunciation shall not take effect until one year after the date on which it is registered with the International Labour Office.
Article 14
At such times as it may consider necessary the Governing Body of the International Labour Office shall present to the General Conference a report on the working of this Convention and shall examine the desirability of placing on the agenda of the Conference the question of its revision in whole or in part.
Article 15
The French and English texts of this Convention shall both be authentic.
Workmen's Compensation (Occupational Diseases) Convention, 1925 (No. 18)
Convention concerning Workmen's Compensation for Occupational Diseases (Entry into force: 01 Apr 1927)
Preamble
The General Conference of the International Labour Organisation,
Having been convened at Geneva by the Governing Body of the International Labour Office, and having met in its Seventh Session on 19 May 1925, and
Having decided upon the adoption of certain proposals with regard to workmen's compensation for occupational diseases, which is included in the first item of the agenda of the Session, and
Having determined that these proposals shall take the form of an international Convention,
adopts this tenth day of June of the year one thousand nine hundred and twenty-five the following Convention, which may be cited as the Workmen's Compensation (Occupational Diseases) Convention, 1925, for ratification by the Members of the International Labour Organisation in accordance with the provisions of the Constitution of the International Labour Organisation:
Article 1
- 1. Each Member of the International Labour
Organisation which ratifies this Convention undertakes to provide that
compensation shall be payable to workmen incapacitated by occupational
diseases, or, in case of death from such diseases, to their dependants, in
accordance with the general principles of the national legislation
relating to compensation for industrial accidents.
- 2. The rates of such compensation shall be not
less than those prescribed by the national legislation for injury
resulting from industrial accidents. Subject to this provision, each
Member, in determining in its national law or regulations the conditions
under which compensation for the said diseases shall be payable, and in
applying to the said diseases its legislation in regard to compensation
for industrial accidents, may make such modifications and adaptations as
it thinks expedient.
Article 2
Each Member of the International Labour Organisation which ratifies this Convention undertakes to consider as occupational diseases those diseases and poisonings produced by the substances set forth in the Schedule appended hereto, when such diseases or such poisonings affect workers engaged in the trades or industries placed opposite in the said Schedule, and result from occupation in an undertaking covered by the said national legislation.
Schedule
List of diseases and toxic substancesList of corresponding industries and processesPoisoning by lead, its alloys or compounds and their sequelae.- Handling of ore containing lead,
including fine shot in zinc factories.
- Casting of old zinc and lead in
ingots.
- Manufacture of articles made of
cast lead or of lead alloys.
- Employment in the polygraphic
industries.
- Manufacture of lead compounds.
- Manufacture and repair of
electric accumulators.
- Preparation and use of enamels
containing lead.
- Polishing by means of lead files
or putty powder with a lead content.
- All painting operations involving
the preparation and manipulation of coating substances, cements or
colouring substances containing lead pigments.
Poisoning by mercury, its amalgams and compounds and their sequelae.- Handling of mercury ore.
- Manufacture of mercury compounds.
- Manufacture of measuring and
laboratory apparatus.
- Preparation of raw material for
the hatmaking industry.
- Hot gilding.
- Use of mercury pumps in the
manufacture of incandescent lamps.
- Manufacture of fulminate of
mercury primers.
Anthrax infection.- Work in connection with animals
infected with anthrax.
- Handling of animals carcasses or
parts of such carcasses including hides,hoofs and horns.
- Loading and unloading or
transport of merchandise.
Article 3
The formal ratifications of this Convention, under the conditions set forth in the Constitution of the International Labour Organisation, shall be communicated to the Director-General of the International Labour Office for registration.
Article 4
- 1. This Convention shall come into force at the
date on which the ratifications of two Members of the International Labour
Organisation have been registered by the Director-General.
- 2. It shall be binding only upon those Members
whose ratifications have been registered with the International Labour
Office.
- 3. Thereafter, the Convention shall come into
force for any Member at the date on which its ratification has been
registered with the International Labour Office.
Article 5
As soon as the ratifications of two Members of the International Labour Organisation have been registered with the International Labour Office, the Director-General of the International Labour Office shall so notify all the Members of the International Labour Organisation. He shall likewise notify them of the registration of ratifications which may be communicated subsequently by other Members of the Organisation.
Article 6
Subject to the provisions of Article 4, each Member which ratifies this Convention agrees to bring the provisions of Articles 1 and 2 into operation not later than 1 January 1927 and to take such action as may be necessary to make these provisions effective.
Article 7
Each Member of the International Labour Organisation which ratifies this Convention engages to apply it to its colonies, possessions and protectorates, in accordance with the provisions of Article 35 of the Constitution of the International Labour Organisation.
Article 8
A Member which has ratified this Convention may denounce it after the expiration of five years from the date on which the Convention first comes into force, by an act communicated to the Director-General of the International Labour Office for registration. Such denunciation shall not take effect until one year after the date on which it is registered with the International Labour Office.
Article 9
At such times as it may consider necessary the Governing Body of the International Labour Office shall present to the General Conference a report on the working of this Convention and shall examine the desirability of placing on the agenda of the Conference the question of its revision in whole or in part.
Article 10
The French and English texts of this Convention shall both be authentic. - 1. Should the Conference adopt a
new Convention revising this Convention in whole or in part, then, unless
the new Convention otherwise provides--