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ILO Conventions & Recommendations
ILO Conventions & Recommendations
Social
Accountability International – SA 8000:2014
SA 8000:2014 …
ILO Convention 1 (Hours of Work – Industry) and Recommendation 116 (Reduction of Hours of
Work)
ILO Conventions 29 (Forced Labour) and 105 (Abolition of Forced Labour)
ILO Convention 87 (Freedom of Association)
ILO Convention 98 (Right to Organise and Collective Bargaining)
ILO Conventions 100 (Equal Remuneration) and 111 (Discrimination – Employment and
Occupation)
ILO Convention 102 (Social Security – Minimum Standards)
ILO Convention 131 (Minimum Wage Fixing)
ILO Convention 135 (Workers’ Representatives)
ILO Convention 138 and Recommendation 146 (Minimum Age)
ILO Convention 155 and Recommendation 164 (Occupational Safety and Health)
ILO Convention 159 (Vocational Rehabilitation and Employment - Disabled Persons)
ILO Convention 169 (Indigenous and Tribal Peoples)
ILO Convention 177 (Home Work)
ILO Convention 181 (Private Employment Agencies)
ILO Convention 182 (Worst Forms of Child Labour)
ILO Convention 183 (Maternity Protection)
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ILO Convention 1 (Hours of Work – Industry) and Recommendation 116 (Reduction of
Hours of Work)
Preamble
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. 1. For the purpose of this Convention, the term industrial undertaking includes
particularly--
o (a) mines, quarries, and other works for the extraction of minerals from the
earth;
o (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;
o (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;
o (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. 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. 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
Article 7
Article 8
In the application of this Convention to Japan the following modifications and conditions
shall obtain:
(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:
and to not later than 1 July 1924, in the case of the following industrial undertakings:
(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
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.
Preamble
Having been convened at Geneva by the Governing Body of the International Labour
Office, and having met in its Forty-sixth Session on 6 June 1962, and
Having decided upon the adoption of certain proposals with regard to hours of work,
which is the ninth item on the agenda of the session, and
Having determined that these proposals shall take the form of a Recommendation
designed to supplement and facilitate the implementation of the existing international
instruments concerning hours of work--
by indicating practical measures for the progressive reduction of hours of work, taking
into account the different economic and social conditions in the different countries as well
as the variety of national practices for the regulation of hours and other conditions of
work;
by outlining in broad terms methods whereby such practical measures might be applied;
and
by indicating the standard of the forty-hour week, which principle is set out in the Forty-
Hour Week Convention, 1935, as a social standard to be reached by stages if necessary,
and setting a maximum limit to normal hours of work, pursuant to the Hours of Work
(Industry) Convention, 1919,
adopts this twenty-sixth day of June of the year one thousand nine hundred and sixty-two,
the following Recommendation, which may be cited as the Reduction of Hours of Work
Recommendation, 1962:
I. General Principles
A. Definition
1. 11. Normal hours of work shall mean, for the purpose of this Recommendation, the
number of hours fixed in each country by or in pursuance of laws or regulations,
collective agreements or arbitration awards, or, where not so fixed, the number of
hours in excess of which any time worked is remunerated at overtime rates or
forms an exception to the recognised rules or custom of the establishment or of the
process concerned.
1. 12.
o (1) The calculation of normal hours of work as an average over a period
longer than one week should be permitted when special conditions in
certain branches of activity or technical needs justify it.
o (2) The competent authority or body in each country should fix the
maximum length of the period over which the hours of work may be
averaged.
2. 13.
o (1) Special provisions may be formulated with regard to processes which,
by reason of their nature, have to be carried on continuously by a
succession of shifts.
o (2) Such special provisions should be so formulated that normal hours of
work as an average in continuous processes do not exceed in any case the
normal hours of work fixed for the economic activity concerned.
C. Exceptions
1. 14. The competent authority or body in each country should determine the
circumstances and limits in which exceptions to the normal hours of work may be
permitted--
o (a) permanently--
(i) in work which is essentially intermittent;
(ii) in certain exceptional cases required in the public interest;
(iii) in operations which for technical reasons must necessarily be
carried on outside the limits laid down for the general working of
the undertaking, part of the undertaking, or shift;
o (b) temporarily--
(i) in case of accident, actual or threatened;
(ii) in case of urgent work to be done to machinery or plant;
(iii) in case of force majeure;
(iv) in case of abnormal pressure of work;
(v) to make up time lost through collective stoppages of work due to
accidents to materials, interruptions to the power supply, inclement
weather, shortages of materials or transport facilities, and
calamities;
(vi) in case of national emergency;
o (c) periodically--
(i) for annual stocktaking and the preparation of annual balance
sheets;
(ii) for specified seasonal activities.
2. 15. In cases where normal hours of work exceed forty-eight a week, the competent
authority or body should, before authorising exceptions in the cases mentioned in
subparagraphs (a) (i) and (iii), (b) (iv) and (v) and (c) (i) and (ii) of Paragraph 14,
most carefully consider whether there is a real need for such exceptions.
D. Overtime
1. 16. All hours worked in excess of the normal hours should be deemed to be
overtime, unless they are taken into account in fixing remuneration in accordance
with custom.
2. 17. Except for cases of force majeure limits to the total number of hours of
overtime which can be worked during a specified period should be determined by
the competent authority or body in each country.
3. 18. In arranging overtime, due consideration should be given to the special
circumstances of young persons under 18 years of age, of pregnant women and
nursing mothers and of handicapped persons.
4. 19.
o (1) Overtime work should be remunerated at a higher rate or rates than
normal hours of work.
o (2) The rate or rates of remuneration for overtime should be determined by
the competent authority or body in each country: Provided that in no case
should the rate be less than that specified in Article 6, paragraph 2, of the
Hours of Work (Industry) Convention, 1919.
1. 20.
o (1) The competent authority should make a practice of consulting the most
representative employers' and workers' organisations on questions relating
to the application of this Recommendation.
o (2) In particular, there should be such consultation on the following matters
in so far as they are left to the determination of the competent authority in
each country:
(a) the arrangements provided for in Paragraph 8;
(b) the maximum length of the period over which hours of work
may be averaged as provided for in Paragraph 12;
(c) the provisions which may be made in pursuance of Paragraph 13
concerning processes which have to be carried on continuously by a
succession of shifts;
(d) the exceptions provided for in Paragraph 14;
(e) the limitation and remuneration of overtime provided for in
Paragraphs 17 and 19.
F. Supervision
1. 21. For the effective enforcement of the measures taken to reduce hours of work
progressively in pursuance of Paragraphs 4 and 5--
o (a) appropriate measures should be taken to ensure the proper
administration of the provisions concerning hours of work by means of
adequate inspection or otherwise;
o (b) the employer should be required to notify the workers concerned, by the
posting of notices in the establishment or by such other methods as may be
approved by the competent authority, of--
(i) the times at which work begins and ends;
(ii) where work is carried on by shifts, the time at which each shift
begins and ends;
(iii) rest periods which are not included in the normal hours of
work;
(iv) the days worked during the week;
o (c) the employer should be required to keep, and on request to produce for
inspection, a record in a form acceptable to the competent authority of the
hours of work, wages and overtime for each worker;
o (d) provision should be made for such sanctions as may be appropriate to
the method by which effect is given to the provisions of this
Recommendation.
G. General Provisions
1. 22. This Recommendation does not affect any law, regulation, award, custom,
agreement, or negotiation between employers and workers which ensures, or aims
at ensuring, more favourable conditions for the workers.
2. 23. This Recommendation does not apply to agriculture, to maritime transport and
to maritime fishing. Special provisions should be formulated for these branches of
economic activity.
Preamble
Having been convened at Geneva by the Governing Body of the International Labour
Office, and having met in its Fourteenth Session on 10 June 1930, and
Having decided upon the adoption of certain proposals with regard to forced or
compulsory labour, which is included in the first item on the agenda of the Session, and
Having determined that these proposals shall take the form of an international Convention,
adopts this twenty-eighth day of June of the year one thousand nine hundred and thirty the
following Convention, which may be cited as the Forced Labour Convention, 1930, 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. (1) Each Member of the International Labour Organisation which ratifies this
Convention undertakes to suppress the use of forced or compulsory labour in all its forms
within the shortest possible period.
1. (2) With a view to this complete suppression, recourse to forced or compulsory labour
may be had, during the transitional period, for public purposes only and as an exceptional
measure, subject to the conditions and guarantees hereinafter provided.
1. (3) At the expiration of a period of five years after the coming into force of this
Convention, and when the Governing Body of the International Labour Office prepares the
report provided for in Article 31 below, the said Governing Body shall consider the
possibility of the suppression of forced or compulsory labour in all its forms without a
further transitional period and the desirability of placing this question on the agenda of the
Conference.
Article 2
2. (1) For the purposes of this Convention the term forced or compulsory labour shall
mean all work or service which is exacted from any person under the menace of any
penalty and for which the said person has not offered himself voluntarily.
2. (2) Nevertheless, for the purposes of this Convention, the term forced or compulsory
labour shall not include—
(a) any work or service exacted in virtue of compulsory military service laws for
work of a purely military character;
(b) any work or service which forms part of the normal civic obligations of the
citizens of a fully self-governing country;
(c) any work or service exacted from any person as a consequence of a conviction
in a court of law, provided that the said work or service is carried out under the
supervision and control of a public authority and that the said person is not hired to
or placed at the disposal of private individuals, companies or associations;
(d) any work or service exacted in cases of emergency, that is to say, in the event
of war or of a calamity or threatened calamity, such as fire, flood, famine,
earthquake, violent epidemic or epizootic diseases, invasion by animal, insect or
vegetable pests, and in general any circumstance that would endanger the existence
or the well-being of the whole or part of the population;
(e) minor communal services of a kind which, being performed by the members of
the community in the direct interest of the said community, can therefore be
considered as normal civic obligations incumbent upon the members of the
community, provided that the members of the community or their direct
representatives shall have the right to be consulted in regard to the need for such
services.
Article 3
3. For the purposes of this Convention the term competent authority shall mean either an
authority of the metropolitan country or the highest central authority in the territory
concerned.
Article 4
4. (1). The competent authority shall not impose or permit the imposition of forced or
compulsory labour for the benefit of private individuals, companies or associations.
4. (2) Where such forced or compulsory labour for the benefit of private individuals,
companies or associations exists at the date on which a Member’s ratification of this
Convention is registered by the Director-General of the International Labour Office, the
Member shall completely suppress such forced or compulsory labour from the date on
which this Convention comes into force for that Member.
Article 5
Article 6
6. Officials of the administration, even when they have the duty of encouraging the
populations under their charge to engage in some form of labour, shall not put constraint
upon the said populations or upon any individual members thereof to work for private
individuals, companies or associations.
Article 7
7. (1) Chiefs who do not exercise administrative functions shall not have recourse to
forced or compulsory labour.
7. (2) Chiefs who exercise administrative functions may, with the express permission of
the competent authority, have recourse to forced or compulsory labour, subject to the
provisions of Article 10 of this Convention.
7. (3) Chiefs who are duly recognised and who do not receive adequate remuneration in
other forms may have the enjoyment of personal services, subject to due regulation and
provided that all necessary measures are taken to prevent abuses.
Article 8
8. (1) The responsibility for every decision to have recourse to forced or compulsory
labour shall rest with the highest civil authority in the territory concerned.
8. (2) Nevertheless, that authority may delegate powers to the highest local authorities to
exact forced or compulsory labour which does not involve the removal of the workers
from their place of habitual residence. That authority may also delegate, for such periods
and subject to such conditions as may be laid down in the regulations provided for in
Article 23 of this Convention, powers to the highest local authorities to exact forced or
compulsory labour which involves the removal of the workers from their place of habitual
residence for the purpose of facilitating the movement of officials of the administration,
when on duty, and for the transport of Government stores.
Article 9
Article 10
10. (1) Forced or compulsory labour exacted as a tax and forced or compulsory labour to
which recourse is had for the execution of public works by chiefs who exercise
administrative functions shall be progressively abolished.
10. (2) Meanwhile, where forced or compulsory labour is exacted as a tax, and where
recourse is had to forced or compulsory labour for the execution of public works by chiefs
who exercise administrative functions, the authority concerned shall first satisfy itself--
(a) that the work to be done or the service to be rendered is of important direct
interest for the community called upon to do the work or render the service;
(b) that the work or the service is of present or imminent necessity;
(c) that the work or service will not lay too heavy a burden upon the present
population, having regard to the labour available and its capacity to undertake the
work;
(d) that the work or service will not entail the removal of the workers from their
place of habitual residence;
(e) that the execution of the work or the rendering of the service will be directed in
accordance with the exigencies of religion, social life and agriculture.
Article 11
11. (1) Only adult able-bodied males who are of an apparent age of not less than 18 and
not more than 45 years may be called upon for forced or compulsory labour. Except in
respect of the kinds of labour provided for in Article 10 of this Convention, the following
limitations and conditions shall apply:
(a) whenever possible prior determination by a medical officer appointed by the
administration that the persons concerned are not suffering from any infectious or
contagious disease and that they are physically fit for the work required and for the
conditions under which it is to be carried out;
(b) exemption of school teachers and pupils and officials of the administration in
general;
(c) the maintenance in each community of the number of adult able-bodied men
indispensable for family and social life;
(d) respect for conjugal and family ties.
11. (2) For the purposes of subparagraph © of the preceding paragraph, the regulations
provided for in Article 23 of this Convention shall fix the proportion of the resident adult
able-bodied males who may be taken at any one time for forced or compulsory labour,
provided always that this proportion shall in no case exceed 25 per cent. In fixing this
proportion the competent authority shall take account of the density of the population, of
its social and physical development, of the seasons, and of the work which must be done
by the persons concerned on their own behalf in their locality, and, generally, shall have
regard to the economic and social necessities of the normal life of the community
concerned.
Article 12
12. (1) The maximum period for which any person may be taken for forced or compulsory
labour of all kinds in any one period of twelve months shall not exceed sixty days,
including the time spent in going to and from the place of work.
12. (2) Every person from whom forced or compulsory labour is exacted shall be furnished
with a certificate indicating the periods of such labour which he has completed.
Article 13
13. (1) The normal working hours of any person from whom forced or compulsory labour
is exacted shall be the same as those prevailing in the case of voluntary labour, and the
hours worked in excess of the normal working hours shall be remunerated at the rates
prevailing in the case of overtime for voluntary labour.
13. (2) A weekly day of rest shall be granted to all persons from whom forced or
compulsory labour of any kind is exacted and this day shall coincide as far as possible
with the day fixed by tradition or custom in the territories or regions concerned.
Article 14
14. (1) With the exception of the forced or compulsory labour provided for in Article 10 of
this Convention, forced or compulsory labour of all kinds shall be remunerated in cash at
rates not less than those prevailing for similar kinds of work either in the district in which
the labour is employed or in the district from which the labour is recruited, whichever may
be the higher.
14. (2) In the case of labour to which recourse is had by chiefs in the exercise of their
administrative functions, payment of wages in accordance with the provisions of the
preceding paragraph shall be introduced as soon as possible.
14. (3) The wages shall be paid to each worker individually and not to his tribal chief or to
any other authority.
14. (4) For the purpose of payment of wages the days spent in travelling to and from the
place of work shall be counted as working days.
14. (5) Nothing in this Article shall prevent ordinary rations being given as a part of
wages, such rations to be at least equivalent in value to the money payment they are taken
to represent, but deductions from wages shall not be made either for the payment of taxes
or for special food, clothing or accommodation supplied to a worker for the purpose of
maintaining him in a fit condition to carry on his work under the special conditions of any
employment, or for the supply of tools.
Article 15
15. (1) Any laws or regulations relating to workmen's compensation for accidents or
sickness arising out of the employment of the worker and any laws or regulations
providing compensation for the dependants of deceased or incapacitated workers which
are or shall be in force in the territory concerned shall be equally applicable to persons
from whom forced or compulsory labour is exacted and to voluntary workers.
15. (2) In any case it shall be an obligation on any authority employing any worker on
forced or compulsory labour to ensure the subsistence of any such worker who, by
accident or sickness arising out of his employment, is rendered wholly or partially
incapable of providing for himself, and to take measures to ensure the maintenance of any
persons actually dependent upon such a worker in the event of his incapacity or decease
arising out of his employment.
Article 16
16. (1) Except in cases of special necessity, persons from whom forced or compulsory
labour is exacted shall not be transferred to districts where the food and climate differ so
considerably from those to which they have been accustomed as to endanger their health.
16. (2) In no case shall the transfer of such workers be permitted unless all measures
relating to hygiene and accommodation which are necessary to adapt such workers to the
conditions and to safeguard their health can be strictly applied.
16. (3) When such transfer cannot be avoided, measures of gradual habituation to the new
conditions of diet and of climate shall be adopted on competent medical advice.
16. (4) In cases where such workers are required to perform regular work to which they
are not accustomed, measures shall be taken to ensure their habituation to it, especially as
regards progressive training, the hours of work and the provision of rest intervals, and any
increase or amelioration of diet which may be necessary.
Article 17
17. Before permitting recourse to forced or compulsory labour for works of construction
or maintenance which entail the workers remaining at the workplaces for considerable
periods, the competent authority shall satisfy itself-
(1) that all necessary measures are taken to safeguard the health of the workers and
to guarantee the necessary medical care, and, in particular,
(a) that the workers are medically examined before commencing the work and at
fixed intervals during the period of service,
(b) that there is an adequate medical staff, provided with the dispensaries,
infirmaries, hospitals and equipment necessary to meet all requirements, and
(c) that the sanitary conditions of the workplaces, the supply of drinking water, food,
fuel, and cooking utensils, and, where necessary, of housing and clothing, are
satisfactory;
(2) that definite arrangements are made to ensure the subsistence of the families of
the workers, in particular by facilitating the remittance, by a safe method, of part of
the wages to the family, at the request or with the consent of the workers;
(3) that the journeys of the workers to and from the workplaces are made at the
expense and under the responsibility of the administration, which shall facilitate such
journeys by making the fullest use of all available means of transport;
(4) that, in case of illness or accident causing incapacity to work of a certain
duration, the worker is repatriated at the expense of the administration;
(5) that any worker who may wish to remain as a voluntary worker at the end of his
period of forced or compulsory labour is permitted to do so without, for a period of
two years, losing his right to repatriation free of expense to himself.
Article 18
18, (1) Forced or compulsory labour for the transport of persons or goods, such as the
labour of porters or boatmen, shall be abolished within the shortest possible period.
Meanwhile the competent authority shall promulgate regulations determining, inter alia,
that such labour shall only be employed for the purpose of facilitating the
movement of officials of the administration, when on duty, or for the transport
of Government stores, or, in cases of very urgent necessity, the transport of
persons other than officials,
o that the workers so employed shall be medically certified to be physically fit,
where medical examination is possible, and that where such medical
examination is not practicable the person employing such workers shall be held
responsible for ensuring that they are physically fit and not suffering from any
infectious or contagious disease,
the maximum load which these workers may carry,
the maximum distance from their homes to which they may be taken,
the maximum number of days per month or other period for which they may be
taken, including the days spent in returning to their homes, and
the persons entitled to demand this form of forced or compulsory labour and
the extent to which they are entitled to demand it.
18. (2) In fixing the maxima referred to under (c), (d) and (e) in the foregoing paragraph,
the competent authority shall have regard to all relevant factors, including the physical
development of the population from which the workers are recruited, the nature of the
country through which they must travel and the climatic conditions.
18. (3) The competent authority shall further provide that the normal daily journey of such
workers shall not exceed a distance corresponding to an average working day of eight
hours, it being understood that account shall be taken not only of the weight to be carried
and the distance to be covered, but also of the nature of the road, the season and all other
relevant factors, and that, where hours of journey in excess of the normal daily journey are
exacted, they shall be remunerated at rates higher than the normal rates.
Article 19
19. (1) The competent authority shall only authorise recourse to compulsory cultivation as
a method of precaution against famine or a deficiency of food supplies and always under
the condition that the food or produce shall remain the property of the individuals or the
community producing it.
19. (2) Nothing in this Article shall be construed as abrogating the obligation on members
of a community, where production is organised on a communal basis by virtue of law or
custom and where the produce or any profit accruing from the sale thereof remain the
property of the community, to perform the work demanded by the community by virtue of
law or custom.
Article 20
20. Collective punishment laws under which a community may be punished for crimes
committed by any of its members shall not contain provisions for forced or compulsory
labour by the community as one of the methods of punishment.
Article 21
21. Forced or compulsory labour shall not be used for work underground in mines.
Article 22
22. The annual reports that Members which ratify this Convention agree to make to the
International Labour Office, pursuant to the provisions of Article 22 of the Constitution of
the International Labour Organisation, on the measures they have taken to give effect to
the provisions of this Convention, shall contain as full information as possible, in respect
of each territory concerned, regarding the extent to which recourse has been had to forced
or compulsory labour in that territory, the purposes for which it has been employed, the
sickness and death rates, hours of work, methods of payment of wages and rates of wages,
and any other relevant information.
Article 23
23. (1) To give effect to the provisions of this Convention the competent authority shall
issue complete and precise regulations governing the use of forced or compulsory labour.
23.(2) These regulations shall contain, inter alia, rules permitting any person from whom
forced or compulsory labour is exacted to forward all complaints relative to the conditions
of labour to the authorities and ensuring that such complaints will be examined and taken
into consideration.
Article 24
24. Adequate measures shall in all cases be taken to ensure that the regulations governing
the employment of forced or compulsory labour are strictly applied, either by extending
the duties of any existing labour inspectorate which has been established for the inspection
of voluntary labour to cover the inspection of forced or compulsory labour or in some
other appropriate manner.
Measures shall also be taken to ensure that the regulations are brought to the knowledge of
persons from whom such labour is exacted.
Article 25
25. The illegal exaction of forced or compulsory labour shall be punishable as a penal
offence, and it shall be an obligation on any Member ratifying this Convention to ensure
that the penalties imposed by law are really
adequate and are strictly enforced.
Article 26
26. (1) Each Member of the International Labour Organisation which ratifies this
Convention undertakes to apply it to the territories placed under its sovereignty,
jurisdiction, protection, suzerainty, tutelage or authority, so far as it has the right to accept
obligations affecting matters of internal jurisdiction; provided that, if such Member may
desire to take advantage of the provisions of article 35 of the Constitution of the
International Labour Organisation, it shall append to its ratification a declaration stating--
(1) the territories to which it intends to apply the provisions of this Convention
without modification;
(2) the territories to which it intends to apply the provisions of this Convention
with modifications, together with details of the said modifications;
(3) the territories in respect of which it reserves its decision.
26. (2) The aforesaid declaration shall be deemed to be an integral part of the ratification
and shall have the force of ratification. It shall be open to any Member, by a subsequent
declaration, to cancel in whole or in part the reservations made, in pursuance of the
provisions of subparagraphs (2) and (3) of this Article, in the original declaration.
Article 27
27. 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 28
29. (1) This Convention shall be binding only upon those Members whose ratifications
have been registered with the International Labour Office.
29. (2) It shall come into force twelve months after the date on which the ratifications of
two Members of the International Labour Organisation have been registered with the
Director-General.
29. (3) Thereafter, this Convention shall come into force for any Member twelve months
after the date on which the ratification has been registered.
Article 29
29, 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 30
30. (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 with the International Labour Office.
30. (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 five years and, thereafter, may denounce this Convention at the
expiration of each period of five years under the terms provided for in this Article.
Article 31
31. 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 32
32. (1) Should the Conference adopt a new Convention revising this Convention in whole
or in part, the ratification by a Member of the new revising Convention shall ipso jure
involve denunciation of this Convention without any requirement of delay,
notwithstanding the provisions of Article 30 above, if and when the new revising
Convention shall have come into force.
32. (2) As from the date of the coming into force of the new revising Convention, the
present Convention shall cease to be open to ratification by the Members.
32. (3) Nevertheless, this Convention shall remain in force in its actual form and content
for those Members which have ratified it but have not ratified the revising convention.
Article 33
33. The French and English texts of this Convention shall both be authentic.
Preamble
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--
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
Article 4
1. 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. 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. 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. 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. 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
Article 7
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
The English and French versions of the text of this Convention are equally authoritative.
Preamble
Having been convened at Geneva by the Governing Body of the International Labour
Office, and having met in its 103rd Session on 28 May 2014, and
Recognizing that the prohibition of forced or compulsory labour forms part of the body of
fundamental rights, and that forced or compulsory labour violates the human rights and
dignity of millions of women and men, girls and boys, contributes to the perpetuation of
poverty and stands in the way of the achievement of decent work for all, and
Recognizing the vital role played by the Forced Labour Convention, 1930 (No. 29),
hereinafter referred to as “the Convention”, and the Abolition of Forced Labour
Convention, 1957 (No. 105), in combating all forms of forced or compulsory labour, but
that gaps in their implementation call for additional measures, and
Recalling that the definition of forced or compulsory labour under Article 2 of the
Convention covers forced or compulsory labour in all its forms and manifestations and is
applicable to all human beings without distinction, and
Emphasizing the urgency of eliminating forced and compulsory labour in all its forms and
manifestations, and
Recalling the obligation of Members that have ratified the Convention to make forced or
compulsory labour punishable as a penal offence, and to ensure that the penalties imposed
by law are really adequate and are strictly enforced, and
Noting that the transitional period provided for in the Convention has expired, and the
provisions of Article 1, paragraphs 2 and 3, and Articles 3 to 24 are no longer applicable,
and
Recognizing that the context and forms of forced or compulsory labour have changed and
trafficking in persons for the purposes of forced or compulsory labour, which may involve
sexual exploitation, is the subject of growing international concern and requires urgent
action for its effective elimination, and
Noting that there is an increased number of workers who are in forced or compulsory
labour in the private economy, that certain sectors of the economy are particularly
vulnerable, and that certain groups of workers have a higher risk of becoming victims of
forced or compulsory labour, especially migrants, and
Noting that the effective and sustained suppression of forced or compulsory labour
contributes to ensuring fair competition among employers as well as protection for
workers, and
Recalling the relevant international labour standards, including, in particular, the Freedom
of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the
Right to Organise and Collective Bargaining Convention, 1949 (No. 98), the Equal
Remuneration Convention, 1951 (No. 100), the Discrimination (Employment and
Occupation) Convention, 1958 (No. 111), the Minimum Age Convention, 1973 (No. 138),
the Worst Forms of Child Labour Convention, 1999 (No. 182), the Migration for
Employment Convention (Revised), 1949 (No. 97), the Migrant Workers (Supplementary
Provisions) Convention, 1975 (No. 143), the Domestic Workers Convention, 2011 (No.
189), the Private Employment Agencies Convention, 1997 (No. 181), the Labour
Inspection Convention, 1947 (No. 81), the Labour Inspection (Agriculture) Convention,
1969 (No. 129), as well as the ILO Declaration on Fundamental Principles and Rights at
Work (1998), and the ILO Declaration on Social Justice for a Fair Globalization (2008),
and
Having decided upon the adoption of certain proposals to address gaps in implementation
of the Convention, and reaffirmed that measures of prevention, protection, and remedies,
such as compensation and rehabilitation, are necessary to achieve the effective and
sustained suppression of forced or compulsory labour, pursuant to the fourth item on the
agenda of the session, and
Having determined that these proposals shall take the form of a Protocol to the
Convention;
adopts this eleventh day of June two thousand and fourteen the following Protocol, which
may be cited as the Protocol of 2014 to the Forced Labour Convention, 1930.
Having been convened at Geneva by the Governing Body of the International Labour
Office, and having met in its 103rd Session on 28 May 2014, and
Recognizing that the prohibition of forced or compulsory labour forms part of the body of
fundamental rights, and that forced or compulsory labour violates the human rights and
dignity of millions of women and men, girls and boys, contributes to the perpetuation of
poverty and stands in the way of the achievement of decent work for all, and
Recognizing the vital role played by the Forced Labour Convention, 1930 (No. 29),
hereinafter referred to as “the Convention”, and the Abolition of Forced Labour
Convention, 1957 (No. 105), in combating all forms of forced or compulsory labour, but
that gaps in their implementation call for additional measures, and
Recalling that the definition of forced or compulsory labour under Article 2 of the
Convention covers forced or compulsory labour in all its forms and manifestations and is
applicable to all human beings without distinction, and
Emphasizing the urgency of eliminating forced and compulsory labour in all its forms and
manifestations, and
Recalling the obligation of Members that have ratified the Convention to make forced or
compulsory labour punishable as a penal offence, and to ensure that the penalties imposed
by law are really adequate and are strictly enforced, and
Noting that the transitional period provided for in the Convention has expired, and the
provisions of Article 1, paragraphs 2 and 3, and Articles 3 to 24 are no longer applicable,
and
Recognizing that the context and forms of forced or compulsory labour have changed and
trafficking in persons for the purposes of forced or compulsory labour, which may involve
sexual exploitation, is the subject of growing international concern and requires urgent
action for its effective elimination, and
Noting that there is an increased number of workers who are in forced or compulsory
labour in the private economy, that certain sectors of the economy are particularly
vulnerable, and that certain groups of workers have a higher risk of becoming victims of
forced or compulsory labour, especially migrants, and
Noting that the effective and sustained suppression of forced or compulsory labour
contributes to ensuring fair competition among employers as well as protection for
workers, and
Recalling the relevant international labour standards, including, in particular, the Freedom
of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the
Right to Organise and Collective Bargaining Convention, 1949 (No. 98), the Equal
Remuneration Convention, 1951 (No. 100), the Discrimination (Employment and
Occupation) Convention, 1958 (No. 111), the Minimum Age Convention, 1973 (No. 138),
the Worst Forms of Child Labour Convention, 1999 (No. 182), the Migration for
Employment Convention (Revised), 1949 (No. 97), the Migrant Workers (Supplementary
Provisions) Convention, 1975 (No. 143), the Domestic Workers Convention, 2011 (No.
189), the Private Employment Agencies Convention, 1997 (No. 181), the Labour
Inspection Convention, 1947 (No. 81), the Labour Inspection (Agriculture) Convention,
1969 (No. 129), as well as the ILO Declaration on Fundamental Principles and Rights at
Work (1998), and the ILO Declaration on Social Justice for a Fair Globalization (2008),
and
Having decided upon the adoption of certain proposals to address gaps in implementation
of the Convention, and reaffirmed that measures of prevention, protection, and remedies,
such as compensation and rehabilitation, are necessary to achieve the effective and
sustained suppression of forced or compulsory labour, pursuant to the fourth item on the
agenda of the session, and
Having determined that these proposals shall take the form of a Protocol to the
Convention;
adopts this eleventh day of June two thousand and fourteen the following Protocol, which
may be cited as the Protocol of 2014 to the Forced Labour Convention, 1930.
Preamble
Having been convened at San Francisco by the Governing Body of the International
Labour Office, and having met in its Thirty-first Session on 17 June 1948;
Considering that the Preamble to the Constitution of the International Labour Organisation
declares "recognition of the principle of freedom of association" to be a means of
improving conditions of labour and of establishing peace;
Considering that the Declaration of Philadelphia reaffirms that "freedom of expression and
of association are essential to sustained progress";
Considering that the General Assembly of the United Nations, at its Second Session,
endorsed these principles and requested the International Labour Organisation to continue
every effort in order that it may be possible to adopt one or several international
Conventions;
adopts this ninth day of July of the year one thousand nine hundred and forty-eight the
following Convention, which may be cited as the Freedom of Association and Protection
of the Right to Organise Convention, 1948:
Article 1
Each Member of the International Labour Organisation for which this Convention is in
force undertakes to give effect to the following provisions.
Article 2
Workers and employers, without distinction whatsoever, shall have the right to establish
and, subject only to the rules of the organisation concerned, to join organisations of their
own choosing without previous authorisation.
Article 3
1. 1. Workers' and employers' organisations shall have the right to draw up their
constitutions and rules, to elect their representatives in full freedom, to organise
their administration and activities and to formulate their programmes.
2. 2. The public authorities shall refrain from any interference which would restrict
this right or impede the lawful exercise thereof.
Article 4
Article 5
Workers' and employers' organisations shall have the right to establish and join federations
and confederations and any such organisation, federation or confederation shall have the
right to affiliate with international organisations of workers and employers.
Article 6
Article 7
Article 8
1. 1. In exercising the rights provided for in this Convention workers and employers
and their respective organisations, like other persons or organised collectivities,
shall respect the law of the land.
2. 2. The law of the land shall not be such as to impair, nor shall it be so applied as to
impair, the guarantees provided for in this Convention.
Article 9
1. 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. 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 10
Article 11
Each Member of the International Labour Organisation for which this Convention is in
force undertakes to take all necessary and appropriate measures to ensure that workers and
employers may exercise freely the right to organise.
Article 12
Article 13
Article 14
Article 15
1. 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. 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. 3. Thereafter, this Convention shall come into force for any Member twelve
months after the date on which its ratifications has been registered.
Article 16
1. 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. 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 17
Article 19
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 20
Article 21
The English and French versions of the text of this Convention are equally authoritative.
C098 - Right to Organise and Collective Bargaining Convention, 1949 (No. 98)
Preamble
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
Article 2
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
Article 5
1. 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. 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
Article 8
1. 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. 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. 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
Article 11
1. 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. 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
Article 13
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
Article 16
The English and French versions of the text of this Convention are equally authoritative.
ILO Conventions 100 (Equal Remuneration) and 111 (Discrimination – Employment and
Occupation)
Preamble
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
(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
Article 3
1. 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. 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. 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
Article 6
1. 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. 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. 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
Article 8
Article 9
1. 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. 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
Article 11
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
Article 14
The English and French versions of the text of this Convention are equally authoritative.
Preamble
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
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
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
Article 6
Article 7
Article 8
1. 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. 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. 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. 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. 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
Article 11
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
Article 14
The English and French versions of the text of this Convention are equally authoritative.
ILO Convention 102 (Social Security – Minimum Standards)
Preamble
Having been convened at Geneva by the Governing Body of the International Labour
Office, and having met in its Thirty-fifth Session on 4 June 1952, and
Having decided upon the adoption of certain proposals with regard to minimum standards
of social security, which are included in the fifth item on the agenda of the session, and
Having determined that these proposals shall take the form of an international Convention,
adopts this twenty-eighth day of June of the year one thousand nine hundred and fifty-two
the following Convention, which may be cited as the Social Security (Minimum
Standards) Convention, 1952:
Article 1
1. 1. In this Convention--
o (a) the term prescribed means determined by or in virtue of national laws or
regulations;
o (b) the term residence means ordinary residence in the territory of the
Member and the term resident means a person ordinarily resident in the
territory of the Member;
o (c) the term wife means a wife who is maintained by her husband;
o (d) the term widow means a woman who was maintained by her husband at
the time of his death;
o (e) the term child means a child under school-leaving age or under 15 years
of age, as may be prescribed;
o (f) the term qualifying period means a period of contribution, or a period of
employment, or a period of residence, or any combination thereof, as may
be prescribed.
2. 2. In Articles 10, 34 and 49 the term benefit means either direct benefit in the form
of care or indirect benefit consisting of a reimbursement of the expenses borne by
the person concerned.
Article 2
Article 3
Article 4
1. 1. Each Member which has ratified this Convention may subsequently notify the
Director-General of the International Labour Office that it accepts the obligations
of the Convention in respect of one or more of Parts II to X not already specified in
its ratification.
2. 2. The undertakings referred to in paragraph 1 of this Article shall be deemed to be
an integral part of the ratification and to have the force of ratification as from the
date of notification.
Article 5
Where, for the purpose of compliance with any of the Parts II to X of this Convention
which are to be covered by its ratification, a Member is required to protect prescribed
classes of persons constituting not less than a specified percentage of employees or
residents, the Member shall satisfy itself, before undertaking to comply with any such
Part, that the relevant percentage is attained.
Article 6
For the purpose of compliance with Parts II, III, IV, V, VIII (in so far as it relates to
medical care), IX or X of this Convention, a Member may take account of protection
effected by means of insurance which, although not made compulsory by national laws or
regulations for the persons to be protected--
Article 7
Each Member for which this Part of this Convention is in force shall secure to the persons
protected the provision of benefit in respect of a condition requiring medical care of a
preventive or curative nature in accordance with the following Articles of this Part.
Article 8
The contingencies covered shall include any morbid condition, whatever its cause, and
pregnancy and confinement and their consequences.
Article 9
(a) prescribed classes of employees, constituting not less than 50 per cent. of all
employees, and also their wives and children; or
(b) prescribed classes of economically active population, constituting not less than
20 per cent. of all residents, and also their wives and children; or
(c) prescribed classes of residents, constituting not less than 50 per cent. of all
residents; or
(d) where a declaration made in virtue of Article 3 is in force, prescribed classes of
employees constituting not less than 50 per cent. of all employees in industrial
workplaces employing 20 persons or more, and also their wives and children.
Article 10
Article 11
Article 12
Article 13
Each Member for which this Part of this Convention is in force shall secure to the persons
protected the provision of sickness benefit in accordance with the following Articles of
this Part.
Article 14
The contingency covered shall include incapacity for work resulting from a morbid
condition and involving suspension of earnings, as defined by national laws or regulations.
Article 15
(a) prescribed classes of employees, constituting not less than 50 per cent. of all
employees; or
(b) prescribed classes of the economically active population, constituting not less
than 20 per cent. of all residents; or
(c) all residents whose means during the contingency do not exceed limits
prescribed in such a manner as to comply with the requirements of Article 67; or
(d) where a declaration made in virtue of Article 3 is in force, prescribed classes of
employees, constituting not less than 50 per cent. of all employees in industrial
workplaces employing 20 persons or more.
Article 16
Article 17
Article 18
Article 19
Each Member for which this Part of this Convention is in force shall secure to the persons
protected the provision of unemployment benefit in accordance with the following Articles
of this Part.
Article 20
The contingency covered shall include suspension of earnings, as defined by national laws
or regulations, due to inability to obtain suitable employment in the case of a person
protected who is capable of, and available for, work.
Article 21
(a) prescribed classes of employees, constituting not less than 50 per cent. of all
employees; or
(b) all residents whose means during the contingency do not exceed limits
prescribed in such a manner as to comply with the requirements of Article 67; or
(c) where a declaration made in virtue of Article 3 is in force, prescribed classes of
employees, constituting not less than 50 per cent. of all employees in industrial
workplaces employing 20 persons or more.
Article 22
Article 23
Article 24
Article 25
Each Member for which this Part of this Convention is in force shall secure to the persons
protected the provision of old-age benefit in accordance with the following Articles of this
Part.
Article 26
Article 27
(a) prescribed classes of employees, constituting not less than 50 per cent. of all
employees; or
(b) prescribed classes of the economically active population, constituting not less
than 20 per cent. of all residents; or
(c) all residents whose means during the contingency do not exceed limits
prescribed in such a manner as to comply with the requirements of Article 67; or
(d) where a declaration made in virtue of Article 3 is in force, prescribed classes of
employees, constituting not less than 50 per cent. of all employees in industrial
workplaces employing 20 persons or more.
Article 28
(a) where classes of employees or classes of the economically active population are
protected, in such a manner as to comply either with the requirements of Article 65
or with the requirements of Article 66;
(b) where all residents whose means during the contingency do not exceed
prescribed limits are protected, in such a manner as to comply with the
requirements of Article 67.
Article 29
Article 30
The benefits specified in Articles 28 and 29 shall be granted throughout the contingency.
PART VI. EMPLOYMENT INJURY BENEFIT
Article 31
Each Member for which this Part of this Convention is in force shall secure to the persons
protected the provision of employment injury benefit in accordance with the following
Articles of this Part.
Article 32
The contingencies covered shall include the following where due to accident or a
prescribed disease resulting from employment:
Article 33
(a) prescribed classes of employees, constituting not less than 50 per cent. of all
employees, and, for benefit in respect of death of the breadwinner, also their wives
and children; or
(b) where a declaration made in virtue of Article 3 is in force, prescribed classes of
employees, constituting not less than 50 per cent. of all employees in industrial
workplaces employing 20 persons or more, and, for benefit in respect of death of
the breadwinner, also their wives and children.
Article 34
Article 35
Article 36
Article 37
The benefit specified in Articles 34 and 36 shall be granted throughout the contingency,
except that, in respect of incapacity for work, the benefit need not be paid for the first
three days in each case of suspension of earnings.
Article 39
Each Member for which this Part of this Convention is in force shall secure to the persons
protected the provision of family benefit in accordance with the following Articles of this
Part.
Article 40
Article 41
(a) prescribed classes of employees, constituting not less than 50 per cent. of all
employees; or
(b) prescribed classes of the economically active population, constituting not less
than 20 per cent. of all residents; or
(c) all residents whose means during the contingency do not exceed prescribed
limits; or
(d) where a declaration made in virtue of Article 3 is in force, prescribed classes of
employees, constituting not less than 50 per cent. of all employees in industrial
workplaces employing 20 persons or more.
Article 42
(a) a periodical payment granted to any person protected having completed the
prescribed qualifying period; or
(b) the provision to or in respect of children, of food, clothing, housing, holidays or
domestic help; or
(c) a combination of (a) and (b).
Article 43
The benefit specified in Article 42 shall be secured at least to a person protected who,
within a prescribed period, has completed a qualifying period which may be three months
of contribution or employment, or one year of residence, as may be prescribed.
Article 44
The total value of the benefits granted in accordance with Article 42 to the persons
protected shall be such as to represent--
(a) 3 per cent. of the wage of an ordinary adult male labourer, as determined in
accordance with the rules laid down in Article 66, multiplied by the total number
of children of persons protected; or
(b) 1.5 per cent. of the said wage, multiplied by the total number of children of all
residents.
Article 45
Where the benefit consists of a periodical payment, it shall be granted throughout the
contingency.
Article 46
Each Member for which this Part of this Convention is in force shall secure to the persons
protected the provision of maternity benefit in accordance with the following Articles of
this Part.
Article 47
The contingencies covered shall include pregnancy and confinement and their
consequences, and suspension of earnings, as defined by national laws or regulations,
resulting therefrom.
Article 48
(a) all women in prescribed classes of employees, which classes constitute not less
than 50 per cent. of all employees and, for maternity medical benefit, also the
wives of men in these classes; or
(b) all women in prescribed classes of the economically active population, which
classes constitute not less than 20 per cent. of all residents, and, for maternity
medical benefit, also the wives of men in these classes; or
(c) where a declaration made in virtue of Article 3 is in force, all women in
prescribed classes of employees, which classes constitute not less than 50 per cent.
of all employees in industrial workplaces employing 20 persons or more, and, for
maternity medical benefit, also the wives of men in these classes.
Article 49
Article 50
In respect of suspension of earnings resulting from pregnancy and from confinement and
their consequences, the benefit shall be a periodical payment calculated in such a manner
as to comply either with the requirements of Article 65 or with the requirements of Article
66. The amount of the periodical payment may vary in the course of the contingency,
subject to the average rate thereof complying with these requirements.
Article 51
Article 52
The benefit specified in Articles 49 and 50 shall be granted throughout the contingency,
except that the periodical payment may be limited to 12 weeks, unless a longer period of
abstention from work is required or authorised by national laws or regulations, in which
event it may not be limited to a period less than such longer period.
Article 53
Each Member for which this Part of this Convention is in force shall secure to the persons
protected the provision of invalidity benefit in accordance with the following Articles of
this Part.
Article 54
The contingency covered shall include inability to engage in any gainful activity, to an
extent prescribed, which inability is likely to be permanent or persists after the exhaustion
of sickness benefit.
Article 55
(a) prescribed classes of employees, constituting not less than 50 per cent. of all
employees; or
(b) prescribed classes of the economically active population, constituting not less
than 20 per cent. of all residents; or
(c) all residents whose means during the contingency do not exceed limits
prescribed in such a manner as to comply with the requirements of Article 67; or
(d) where a declaration made in virtue of Article 3 is in force, prescribed classes of
employees, constituting not less than 50 per cent. of all employees in industrial
workplaces employing 20 persons or more.
Article 56
(a) where classes of employees or classes of the economically active population are
protected, in such a manner as to comply either with the requirements of Article 65
or with the requirements of Article 66;
(b) where all residents whose means during the contingency do not exceed
prescribed limits are protected, in such a manner as to comply with the
requirements of Article 67.
Article 57
Article 58
The benefit specified in Articles 56 and 57 shall be granted throughout the contingency or
until an old-age benefit becomes payable.
Article 59
Each Member for which this Part of this Convention is in force shall secure to the persons
protected the provision of survivors' benefit in accordance with the following Articles of
this Part.
Article 60
1. 1. The contingency covered shall include the loss of support suffered by the widow
or child as the result of the death of the breadwinner; in the case of a widow, the
right to benefit may be made conditional on her being presumed, in accordance
with national laws or regulations, to be incapable of self-support.
2. 2. National laws or regulations may provide that the benefit of a person otherwise
entitled to it may be suspended if such person is engaged in any prescribed gainful
activity or that the benefit, if contributory, may be reduced where the earnings of
the beneficiary exceed a prescribed amount, and, if non-contributory, may be
reduced where the earnings of the beneficiary or his other means or the two taken
together exceed a prescribed amount.
Article 61
(a) the wives and the children of breadwinners in prescribed classes of employees,
which classes constitute not less than 50 per cent. of all employees; or
(b) the wives and the children of breadwinners in prescribed classes of the
economically active population, which classes constitute not less than 20 per cent.
of all residents; or
(c) all resident widows and resident children who have lost their breadwinner and
whose means during the contingency do not exceed limits prescribed in such a
manner as to comply with the requirements of Article 67; or
(d) where a declaration made in virtue of Article 3 is in force, the wives and the
children of breadwinners in prescribed classes of employees, which classes
constitute not less than 50 per cent. of all employees in industrial workplaces
employing 20 persons or more.
Article 62
(a) where classes of employees or classes of the economically active population are
protected, in such a manner as to comply either with the requirements of Article 65
or with the requirements of Article 66;
(b) where all residents whose means during the contingency do not exceed
prescribed limits are protected, in such a manner as to comply with the
requirements of Article 67.
Article 63
Article 64
The benefit specified in Articles 62 and 63 shall be granted throughout the contingency.
Article 65
1. 1. In the case of a periodical payment to which this Article applies, the rate of the
benefit, increased by the amount of any family allowances payable during the
contingency, shall be such as to attain, in respect of the contingency in question,
for the standard beneficiary indicated in the Schedule appended to this Part, at least
the percentage indicated therein of the total of the previous earnings of the
beneficiary or his breadwinner and of the amount of any family allowances
payable to a person protected with the same family responsibilities as the standard
beneficiary.
2. 2. The previous earnings of the beneficiary or his breadwinner shall be calculated
according to prescribed rules, and, where the persons protected or their
breadwinners are arranged in classes according to their earnings, their previous
earnings may be calculated from the basic earnings of the classes to which they
belonged.
3. 3. A maximum limit may be prescribed for the rate of the benefit or for the
earnings taken into account for the calculation of the benefit, provided that the
maximum limit is fixed in such a way that the provisions of paragraph 1 of this
Article are complied with where the previous earnings of the beneficiary or his
breadwinner are equal to or lower than the wage of a skilled manual male
employee.
4. 4. The previous earnings of the beneficiary or his breadwinner, the wage of the
skilled manual male employee, the benefit and any family allowances shall be
calculated on the same time basis.
5. 5. For the other beneficiaries, the benefit shall bear a reasonable relation to the
benefit for the standard beneficiary.
6. 6. For the purpose of this Article, a skilled manual male employee shall be--
o (a) a fitter or turner in the manufacture of machinery other than electrical
machinery; or
o (b) a person deemed typical of skilled labour selected in accordance with
the provisions of the following paragraph; or
o (c) a person whose earnings are such as to be equal to or greater than the
earnings of 75 per cent. of all the persons protected, such earnings to be
determined on the basis of annual or shorter periods as may be prescribed;
or
o (d) a person whose earnings are equal to 125 per cent. of the average
earnings of all the persons protected.
7. 7. The person deemed typical of skilled labour for the purposes of subparagraph
(b) of the preceding paragraph shall be a person employed in the major group of
economic activities with the largest number of economically active male persons
protected in the contingency in question, or of the breadwinners of the persons
protected, as the case may be, in the division comprising the largest number of
such persons or breadwinners; for this purpose, the international standard industrial
classification of all economic activities, adopted by the Economic and Social
Council of the United Nations at its Seventh Session on 27 August 1948, and
reproduced in the Annex to this Convention, or such classification as at any time
amended, shall be used.
8. 8. Where the rate of benefit varies by region, the skilled manual male employee
may be determined for each region in accordance with paragraphs 6 and 7 of this
Article.
9. 9. The wage of the skilled manual male employee shall be determined on the basis
of the rates of wages for normal hours of work fixed by collective agreements, by
or in pursuance of national laws or regulations, where applicable, or by custom,
including cost-of-living allowances if any; where such rates differ by region but
paragraph 8 of this Article is not applied, the median rate shall be taken.
10. 10. The rates of current periodical payments in respect of old age, employment
injury (except in case of incapacity for work), invalidity and death of breadwinner,
shall be reviewed following substantial changes in the general level of earnings
where these result from substantial changes in the cost of living.
Article 66
1. 1. In the case of a periodical payment to which this Article applies, the rate of the
benefit, increased by the amount of any family allowances payable during the
contingency, shall be such as to attain, in respect of the contingency in question,
for the standard beneficiary indicated in the Schedule appended to this Part, at least
the percentage indicated therein of the total of the wage of an ordinary adult male
labourer and of the amount of any family allowances payable to a person protected
with the same family responsibilities as the standard beneficiary.
2. 2. The wage of the ordinary adult male labourer, the benefit and any family
allowances shall be calculated on the same time basis.
3. 3. For the other beneficiaries, the benefit shall bear a reasonable relation to the
benefit for the standard beneficiary.
4. 4. For the purpose of this Article, the ordinary adult male labourer shall be--
o (a) a person deemed typical of unskilled labour in the manufacture of
machinery other than electrical machinery; or
o (b) a person deemed typical of unskilled labour selected in accordance with
the provisions of the following paragraph.
5. 5. The person deemed typical of unskilled labour for the purpose of subparagraph
(b) of the preceding paragraph shall be a person employed in the major group of
economic activities with the largest number of economically active male persons
protected in the contingency in question, or of the breadwinners of the persons
protected, as the case may be, in the division comprising the largest number of
such persons or breadwinners; for this purpose, the international standard industrial
classification of all economic activities, adopted by the Economic and Social
Council of the United Nations at its Seventh Session on 27 August 1948, and
reproduced in the Annex to this Convention, or such classification as at any time
amended, shall be used.
6. 6. Where the rate of benefit varies by region, the ordinary adult male labourer may
be determined for each region in accordance with paragraphs 4 and 5 of this
Article.
7. 7. The wage of the ordinary adult male labourer shall be determined on the basis of
the rates of wages for normal hours of work fixed by collective agreements, by or
in pursuance of national laws or regulations, where applicable, or by custom,
including cost-of-living allowances if any; where such rates differ by region but
paragraph 6 of this Article is not applied, the median rate shall be taken.
8. 8. The rates of current periodical payments in respect of old age, employment
injury (except in case of incapacity for work), invalidity and death of breadwinner,
shall be reviewed following substantial changes in the general level of earnings
where these result from substantial changes in the cost of living.
Article 67
(a) the rate of the benefit shall be determined according to a prescribed scale or a
scale fixed by the competent public authority in conformity with prescribed rules;
(b) such rate may be reduced only to the extent by which the other means of the
family of the beneficiary exceed prescribed substantial amounts or substantial
amounts fixed by the competent public authority in conformity with prescribed
rules;
(c) the total of the benefit and any other means, after deduction of the substantial
amounts referred to in subparagraph (b), shall be sufficient to maintain the family
of the beneficiary in health and decency, and shall be not less than the
corresponding benefit calculated in accordance with the requirements of Article
66;
(d) the provisions of subparagraph (c) shall be deemed to be satisfied if the total
amount of benefits paid under the Part concerned exceeds by at least 30 per cent.
the total amount of benefits which would be obtained by applying the provisions of
Article 66 and the provisions of:
o (i) Article 15 (b) for Part III;
o (ii) Article 27 (b) for Part V;
o (iii) Article 55 (b) for Part IX;
o (iv) Article 61 (b) for Part X.
Part Contingency Standard Beneficiary Percentage
III Sickness Man with wife and two children 45
IV Unemployment Man with wife and two children 45
V Old age Man with wife of pensionable age 40
VI Employment injury:
Incapacity of work Man with wife and two children 50
Invalidity Man with wife and two children 50
Survivors Widow with two children 40
VIII Maternity Woman 45
IX Invalidity Man with wife and two children 40
X Survivors Widow with two children 40
Article 68
1. 1. Non-national residents shall have the same rights as national residents: Provided
that special rules concerning non-nationals and nationals born outside the territory
of the Member may be prescribed in respect of benefits or portions of benefits
which are payable wholly or mainly out of public funds and in respect of
transitional schemes.
2. 2. Under contributory social security schemes which protect employees, the
persons protected who are nationals of another Member which has accepted the
obligations of the relevant Part of the Convention shall have, under that Part, the
same rights as nationals of the Member concerned: Provided that the application of
this paragraph may be made subject to the existence of a bilateral or multilateral
agreement providing for reciprocity.
Article 69
A benefit to which a person protected would otherwise be entitled in compliance with any
of Parts II to X of this Convention may be suspended to such extent as may be prescribed--
(a) as long as the person concerned is absent from the territory of the Member;
(b) as long as the person concerned is maintained at public expense, or at the
expense of a social security institution or service, subject to any portion of the
benefit in excess of the value of such maintenance being granted to the dependants
of the beneficiary;
(c) as long as the person concerned is in receipt of another social security cash
benefit, other than a family benefit, and during any period in respect of which he is
indemnified for the contingency by a third party, subject to the part of the benefit
which is suspended not exceeding the other benefit or the indemnity by a third
party;
(d) where the person concerned has made a fraudulent claim;
(e) where the contingency has been caused by a criminal offence committed by the
person concerned;
(f) where the contingency has been caused by the wilful misconduct of the person
concerned;
(g) in appropriate cases, where the person concerned neglects to make use of the
medical or rehabilitation services placed at his disposal or fails to comply with
rules prescribed for verifying the occurrence or continuance of the contingency or
for the conduct of beneficiaries;
(h) in the case of unemployment benefit, where the person concerned has failed to
make use of the employment services placed at his disposal;
(i) in the case of unemployment benefit, where the person concerned has lost his
employment as a direct result of a stoppage of work due to a trade dispute, or has
left it voluntarily without just cause; and
(j) in the case of survivors' benefit, as long as the widow is living with a man as his
wife.
Article 70
1. 1. Every claimant shall have a right of appeal in case of refusal of the benefit or
complaint as to its quality or quantity.
2. 2. Where in the application of this Convention a Government department
responsible to a legislature is entrusted with the administration of medical care, the
right of appeal provided for in paragraph 1 of this Article may be replaced by a
right to have a complaint concerning the refusal of medical care or the quality of
the care received investigated by the appropriate authority.
3. 3. Where a claim is settled by a special tribunal established to deal with social
security questions and on which the persons protected are represented, no right of
appeal shall be required.
Article 71
1. 1. The cost of the benefits provided in compliance with this Convention and the
cost of the administration of such benefits shall be borne collectively by way of
insurance contributions or taxation or both in a manner which avoids hardship to
persons of small means and takes into account the economic situation of the
Member and of the classes of persons protected.
2. 2. The total of the insurance contributions borne by the employees protected shall
not exceed 50 per cent. of the total of the financial resources allocated to the
protection of employees and their wives and children. For the purpose of
ascertaining whether this condition is fulfilled, all the benefits provided by the
Member in compliance with this Convention, except family benefit and, if
provided by a special branch, employment injury benefit, may be taken together.
3. 3. The Member shall accept general responsibility for the due provision of the
benefits provided in compliance with this Convention, and shall take all measures
required for this purpose; it shall ensure, where appropriate, that the necessary
actuarial studies and calculations concerning financial equilibrium are made
periodically and, in any event, prior to any change in benefits, the rate of insurance
contributions, or the taxes allocated to covering the contingencies in question.
Article 72
Article 73
(a) contingencies which occurred before the coming into force of the relevant Part
of the Convention for the Member concerned;
(b) benefits in contingencies occurring after the coming into force of the relevant
Part of the Convention for the Member concerned in so far as the rights to such
benefits are derived from periods preceding that date.
Article 74
Article 75
If any Convention which may be adopted subsequently by the Conference concerning any
subject or subjects dealt with in this Convention so provides, such provisions of this
Convention as may be specified in the said Convention shall cease to apply to any
Member having ratified the said Convention as from the date at which the said Convention
comes into force for that Member.
(Editors' Note: Provisions pursuant to Article 75 are contained in Conventions Nos. 121
(Article 29), 128 (Article 45) and 130 (Article 36).)
Article 76
1. 1. Each Member which ratifies this Convention shall include in the annual report
upon the application of this Convention submitted under Article 22 of the
Constitution of the International Labour Organisation--
o (a) full information concerning the laws and regulations by which effect is
given to the provisions of the Convention; and
o (b) evidence, conforming in its presentation as closely as is practicable with
any suggestions for greater uniformity of presentation made by the
Governing Body of the International Labour Office, of compliance with the
statistical conditions specified in--
(i) Articles 9 (a), (b), (c) or (d); 15 (a), (b) or (d); 21 (a) or (c); 27
(a), (b) or (d); 33 (a) or (b); 41 (a), (b) or (d); 48 (a), (b) or (c); 55 (a
(a), (b) or (d); 61 (a), (b) or (d) , as regards the number of persons
protected;
(ii) Articles 44, 65, 66 or 67, as regards the rates of benefit;
(iii) subparagraph (a) of paragraph 2 of Article 18, as regards
duration of sickness benefit;
(iv) paragraph 2 of Article 24, as regards duration of unemployment
benefit; and
(v) paragraph 2 of Article 71, as regards the proportion of the
financial resources constituted by the insurance contributions of
employees protected.
2. 2. Each Member which ratifies this Convention shall report to the Director-General
of the International Labour Office at appropriate intervals, as requested by the
Governing Body, on the position of its law and practice in regard to any of Parts II
to X of the Convention not specified in its ratification or in a notification made
subsequently in virtue of Article 4.
Article 77
1. 1. This Convention does not apply to seamen or seafishermen; provision for the
protection of seamen and seafishermen has been made by the International Labour
Conference in the Social Security (Seafarers) Convention, 1946, and the Seafarers'
Pensions Convention, 1946.
2. 2. A Member may exclude seamen and seafishermen from the number of
employees, of the economically active population or of residents, when calculating
the percentage of employees or residents protected in compliance with any of Parts
II to X covered by its ratification.
Article 78
Article 79
1. 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. 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. 3. Thereafter, this Convention shall come into force for any Member twelve
months after the date on which its ratifications has been registered.
Article 80
Article 81
Article 82
1. 1. A Member which has ratified this Convention may, after the expiration of the
ten years from the date on which the Convention first comes into force, denounce
the Convention or any one or more of Parts II to X thereof 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. 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 the
Convention or any one of Parts II to X thereof at the expiration of each period of
ten years under the terms provided for in this Article.
Article 83
Article 84
Article 85
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 86
The English and French versions of the text of this Convention are equally authoritative.
ANNEX
Major Division 6. Wholesale and Retail Trade and Restaurants and Hotels
Division Major group
61 610 Wholesale Trade
62 620 Retail Trade
63 Restaurants and Hotels
631 Restaurants, cafés, and other eating and drinking places
632 Hotels, rooming houses, camps and other lodging places
Preamble
Having been convened at Geneva by the Governing Body of the International Labour
Office, and having met in its Fifty-fourth Session on 3 June 1970, and
Noting the terms of the Minimum Wage-Fixing Machinery Convention, 1928, and the
Equal Remuneration Convention, 1951, which have been widely ratified, as well as of the
Minimum Wage Fixing Machinery (Agriculture) Convention, 1951, and
Considering that these Convention have played a valuable part in protecting disadvantaged
groups of wage earners, and
Considering that the time has come to adopt a further instrument complementing these
Conventions and providing protection for wage earners against unduly low wages, which,
while of general application, pays special regard to the needs of developing countries, and
Having decided upon the adoption of certain proposals with regard to minimum wage
fixing machinery and related problems, with special reference to developing countries,
which is the fifth item on the agenda of the session, and
Having determined that these proposals shall take the form of an international Convention,
adopts this twenty-second day of June of the year one thousand nine hundred and seventy
the following Convention, which may be cited as the Minimum Wage Fixing Convention,
1970:
Article 1
1. 1. Minimum wages shall have the force of law and shall not be subject to
abatement, and failure to apply them shall make the person or persons concerned
liable to appropriate penal or other sanctions.
2. 2. Subject to the provisions of paragraph 1 of this Article, the freedom of collective
bargaining shall be fully respected.
Article 3
The elements to be taken into consideration in determining the level of minimum wages
shall, so far as possible and appropriate in relation to national practice and conditions,
include--
(a) the needs of workers and their families, taking into account the general level of
wages in the country, the cost of living, social security benefits, and the relative
living standards of other social groups;
(b) economic factors, including the requirements of economic development, levels
of productivity and the desirability of attaining and maintaining a high level of
employment.
Article 4
1. 1. Each Member which ratifies this Convention shall create and/or maintain
machinery adapted to national conditions and requirements whereby minimum
wages for groups of wage earners covered in pursuance of Article 1 thereof can be
fixed and adjusted from time to time.
2. 2. Provision shall be made, in connection with the establishment, operation and
modification of such machinery, for full consultation with representative
organisations of employers and workers concerned or, where no such organisations
exist, representatives of employers and workers concerned.
3. 3. Wherever it is appropriate to the nature of the minimum wage fixing machinery,
provision shall also be made for the direct participation in its operation of--
o (a) representatives of organisations of employers and workers concerned or,
where no such organisations exist, representatives of employers and
workers concerned, on a basis of equality;
o (b) persons having recognised competence for representing the general
interests of the country and appointed after full consultation with
representative organisations of employers and workers concerned, where
such organisations exist and such consultation is in accordance with
national law or practice.
Article 5
Article 7
Article 8
1. 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. 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. 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. 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. 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
Article 11
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
Article 14
The English and French versions of the text of this Convention are equally authoritative.
Preamble
Having been convened at Geneva by the Governing Body of the International Labour
Office, and having met in its Fifty-sixth Session on 2 June 1971, and
Noting the terms of the Right to Organise and Collective Bargaining Convention, 1949,
which provides for protection of workers against acts of anti-union discrimination in
respect of their employment, and
Having determined that these proposals shall take the form of an international Convention,
adopts this twenty-third day of June of the year one thousand nine hundred and seventy-
one the following Convention, which may be cited as the Workers' Representatives
Convention, 1971:
Article 1
Workers' representatives in the undertaking shall enjoy effective protection against any act
prejudicial to them, including dismissal, based on their status or activities as a workers'
representative or on union membership or participation in union activities, in so far as they
act in conformity with existing laws or collective agreements or other jointly agreed
arrangements.
Article 2
Article 3
For the purpose of this Convention the term workers' representatives means persons who
are recognised as such under national law or practice, whether they are--
Article 4
Where there exist in the same undertaking both trade union representatives and elected
representatives, appropriate measures shall be taken, wherever necessary, to ensure that
the existence of elected representatives is not used to undermine the position of the trade
unions concerned or their representatives and to encourage co-operation on all relevant
matters between the elected representatives and the trade unions concerned and their
representatives.
Article 6
Effect may be given to this Convention through national laws or regulations or collective
agreements, or in any other manner consistent with national practice.
Article 7
Article 8
1. 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. 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. 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. 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. 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
Article 11
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
Article 14
The English and French versions of the text of this Convention are equally authoritative.
Preamble
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
Article 3
1. 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. 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. 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
Article 5
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--
Article 7
Article 9
Article 10
1. 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. 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. 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. 4. When the obligations of this Convention are accepted--
o (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,
o (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,
o (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,
o (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,
o (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,
o (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,
Article 11
1. 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. 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. 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. 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. 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
Article 15
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
Article 18
The English and French versions of the text of this Convention are equally authoritative.
Preamble
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
Recognising that the effective abolition of child labour and the progressive raising of the
minimum age for admission to employment constitute only one aspect of the protection
and advancement of children and young persons, and
Noting the concern of the whole United Nations system with such protection and
advancement, and
Desirous to define further certain elements of policy which are the concern of the
International Labour Organisation, and
Having decided upon the adoption of certain proposals regarding minimum age for
admission to employment, which is the fourth item on the agenda of the session, and
Having determined that these proposals shall take the form of a Recommendation
supplementing the Minimum Age Convention, 1973,
adopts this twenty-sixth day of June of the year one thousand nine hundred and seventy-
three, the following Recommendation, which may be cited as the Minimum Age
Recommendation, 1973:
I. National Policy
1. 1. To ensure the success of the national policy provided for in Article 1 of the
Minimum Age Convention, 1973, high priority should be given to planning for and
meeting the needs of children and youth in national development policies and
programmes and to the progressive extension of the inter-related measures
necessary to provide the best possible conditions of physical and mental growth for
children and young persons.
2. 2. In this connection special attention should be given to such areas of planning
and policy as the following:
o (a) firm national commitment to full employment, in accordance with the
Employment Policy Convention and Recommendation, 1964, and the
taking of measures designed to promote employment-oriented development
in rural and urban areas;
o (b) the progressive extension of other economic and social measures to
alleviate poverty wherever it exists and to ensure family living standards
and income which are such as to make it unnecessary to have recourse to
the economic activity of children;
o (c) the development and progressive extension, without any discrimination,
of social security and family welfare measures aimed at ensuring child
maintenance, including children's allowances;
o (d) the development and progressive extension of adequate facilities for
education and vocational orientation and training appropriate in form and
content to the needs of the children and young persons concerned;
o (e) the development and progressive extension of appropriate facilities for
the protection and welfare of children and young persons, including
employed young persons, and for the promotion of their development.
3. 3. Particular account should as necessary be taken of the needs of children and
young persons who do not have families or do not live with their own families and
of migrant children and young persons who live and travel with their families.
Measures taken to that end should include the provision of fellowships and
vocational training.
4. 4. Full-time attendance at school or participation in approved vocational
orientation or training programmes should be required and effectively ensured up
to an age at least equal to that specified for admission to employment in
accordance with Article 2 of the Minimum Age Convention, 1973.
5. 5.
o (1) Consideration should be given to measures such as preparatory training,
not involving hazards, for types of employment or work in respect of which
the minimum age prescribed in accordance with Article 3 of the Minimum
Age Convention, 1973, is higher than the age of completion of compulsory
full-time schooling.
o (2) Analogous measures should be envisaged where the professional
exigencies of a particular occupation include a minimum age for admission
which is higher than the age of completion of compulsory full-time
schooling.
II. Minimum Age
1. 6. The minimum age should be fixed at the same level for all sectors of economic
activity.
2. 7.
o (1) Members should take as their objective the progressive raising to 16
years of the minimum age for admission to employment or work specified
in pursuance of Article 2 of the Minimum Age Convention, 1973.
o (2) Where the minimum age for employment or work covered by Article 2
of the Minimum Age Convention, 1973, is still below 15 years, urgent steps
should be taken to raise it to that level.
3. 8. Where it is not immediately feasible to fix a minimum age for all employment in
agriculture and in related activities in rural areas, a minimum age should be fixed
at least for employment on plantations and in the other agricultural undertakings
referred to in Article 5, paragraph 3, of the Minimum Age Convention, 1973.
1. 9. Where the minimum age for admission to types of employment or work which
are likely to jeopardise the health, safety or morals of young persons is still below
18 years, immediate steps should be taken to raise it to that level.
2. 10.
o (1) In determining the types of employment or work to which Article 3 of
the Minimum Age Convention, 1973, applies, full account should be taken
of relevant international labour standards, such as those concerning
dangerous substances, agents or processes (including ionising radiations),
the lifting of heavy weights and underground work.
o (2) The list of the types of employment or work in question should be re-
examined periodically and revised as necessary, particularly in the light of
advancing scientific and technological knowledge.
3. 11. Where, by reference to Article 5 of the Minimum Age Convention, 1973, a
minimum age is not immediately fixed for certain branches of economic activity or
types of undertakings, appropriate minimum age provisions should be made
applicable therein to types of employment or work presenting hazards for young
persons.
1. 12.
o (1) Measures should be taken to ensure that the conditions in which
children and young persons under the age of 18 years are employed or work
reach and are maintained at a satisfactory standard. These conditions should
be supervised closely.
o (2) Measures should likewise be taken to safeguard and supervise the
conditions in which children and young persons undergo vocational
orientation and training within undertakings, training institutions and
schools for vocational or technical education and to formulate standards for
their protection and development.
2. 13.
o (1) In connection with the application of the preceding Paragraph, as well
as in giving effect to Article 7, paragraph 3, of the Minimum Age
Convention, 1973, special attention should be given to--
(a) the provision of fair remuneration and its protection, bearing in
mind the principle of equal pay for equal work;
(b) the strict limitation of the hours spent at work in a day and in a
week, and the prohibition of overtime, so as to allow enough time
for education and training (including the time needed for homework
related thereto), for rest during the day and for leisure activities;
(c) the granting, without possibility of exception save in genuine
emergency, of a minimum consecutive period of 12 hours' night
rest, and of customary weekly rest days;
(d) the granting of an annual holiday with pay of at least four weeks
and, in any case, not shorter than that granted to adults;
(e) coverage by social security schemes, including employment
injury, medical care and sickness benefit schemes, whatever the
conditions of employment or work may be;
(f) the maintenance of satisfactory standards of safety and health
and appropriate instruction and supervision.
o (2) Subparagraph (1) of this Paragraph applies to young seafarers in so far
as they are not covered in respect of the matters dealt with therein by
international labour Conventions or Recommendations specifically
concerned with maritime employment.
V. Enforcement
1. 14.
o(1) Measures to ensure the effective application of the Minimum Age
Convention, 1973, and of this Recommendation should include--
(a) the strengthening as necessary of labour inspection and related
services, for instance by the special training of inspectors to detect
abuses in the employment or work of children and young persons
and to correct such abuses; and
(b) the strengthening of services for the improvement and inspection
of training in undertakings.
o (2) Emphasis should be placed on the role which can be played by
inspectors in supplying information and advice on effective means of
complying with relevant provisions as well as in securing their
enforcement.
o (3) Labour inspection and inspection of training in undertakings should be
closely co-ordinated to provide the greatest economic efficiency and,
generally, the labour administration services should work in close co-
operation with the services responsible for the education, training, welfare
and guidance of children and young persons.
2. 15. Special attention should be paid--
o (a) to the enforcement of provisions concerning employment in hazardous
types of employment or work; and
o (b) in so far as education or training is compulsory, to the prevention of the
employment or work of children and young persons during the hours when
instruction is available.
3. 16. The following measures should be taken to facilitate the verification of ages:
o (a) the public authorities should maintain an effective system of birth
registration, which should include the issue of birth certificates;
o (b) employers should be required to keep and to make available to the
competent authority registers or other documents indicating the names and
ages or dates of birth, duly certified wherever possible, not only of children
and young persons employed by them but also of those receiving vocational
orientation or training in their undertakings;
o (c) children and young persons working in the streets, in outside stalls, in
public places, in itinerant occupations or in other circumstances which
make the checking of employers' records impracticable should be issued
licences or other documents indicating their eligibility for such work.
ILO Convention 155 and Recommendation 164 (Occupational Safety and Health)
Preamble
Having been convened at Geneva by the Governing Body of the International Labour
Office, and having met in its Sixty-seventh Session on 3 June 1981, and
Having decided upon the adoption of certain proposals with regard to safety and health
and the working environment, which is the sixth item on the agenda of the session, and
Having determined that these proposals shall take the form of an international Convention,
adopts this twenty-second day of June of the year one thousand nine hundred and eighty-
one the following Convention, which may be cited as the Occupational Safety and Health
Convention, 1981:
Article 1
Article 2
Article 3
(a) the term branches of economic activity covers all branches in which workers
are employed, including the public service;
(b) the term workers covers all employed persons, including public employees;
(c) the term workplace covers all places where workers need to be or to go by
reason of their work and which are under the direct or indirect control of the
employer;
(d) the term regulations covers all provisions given force of law by the competent
authority or authorities;
(e) the term health , in relation to work, indicates not merely the absence of disease
or infirmity; it also includes the physical and mental elements affecting health
which are directly related to safety and hygiene at work.
Article 4
1. 1. Each Member shall, in the light of national conditions and practice, and in
consultation with the most representative organisations of employers and workers,
formulate, implement and periodically review a coherent national policy on
occupational safety, occupational health and the working environment.
2. 2. The aim of the policy shall be to prevent accidents and injury to health arising
out of, linked with or occurring in the course of work, by minimising, so far as is
reasonably practicable, the causes of hazards inherent in the working environment.
Article 5
The policy referred to in Article 4 of this Convention shall take account of the following
main spheres of action in so far as they affect occupational safety and health and the
working environment:
Article 6
The formulation of the policy referred to in Article 4 of this Convention shall indicate the
respective functions and responsibilities in respect of occupational safety and health and
the working environment of public authorities, employers, workers and others, taking
account both of the complementary character of such responsibilities and of national
conditions and practice.
Article 7
The situation regarding occupational safety and health and the working environment shall
be reviewed at appropriate intervals, either over-all or in respect of particular areas, with a
view to identifying major problems, evolving effective methods for dealing with them and
priorities of action, and evaluating results.
Article 8
Each Member shall, by laws or regulations or any other method consistent with national
conditions and practice and in consultation with the representative organisations of
employers and workers concerned, take such steps as may be necessary to give effect to
Article 4 of this Convention.
Article 9
Article 10
Measures shall be taken to provide guidance to employers and workers so as to help them
to comply with legal obligations.
Article 11
To give effect to the policy referred to in Article 4 of this Convention, the competent
authority or authorities shall ensure that the following functions are progressively carried
out:
(a) the determination, where the nature and degree of hazards so require, of
conditions governing the design, construction and layout of undertakings, the
commencement of their operations, major alterations affecting them and changes in
their purposes, the safety of technical equipment used at work, as well as the
application of procedures defined by the competent authorities;
(b) the determination of work processes and of substances and agents the exposure
to which is to be prohibited, limited or made subject to authorisation or control by
the competent authority or authorities; health hazards due to the simultaneous
exposure to several substances or agents shall be taken into consideration;
(c) the establishment and application of procedures for the notification of
occupational accidents and diseases, by employers and, when appropriate,
insurance institutions and others directly concerned, and the production of annual
statistics on occupational accidents and diseases;
(d) the holding of inquiries, where cases of occupational accidents, occupational
diseases or any other injuries to health which arise in the course of or in connection
with work appear to reflect situations which are serious;
(e) the publication, annually, of information on measures taken in pursuance of the
policy referred to in Article 4 of this Convention and on occupational accidents,
occupational diseases and other injuries to health which arise in the course of or in
connection with work;
(f) the introduction or extension of systems, taking into account national conditions
and possibilities, to examine chemical, physical and biological agents in respect of
the risk to the health of workers.
Article 12
Measures shall be taken, in accordance with national law and practice, with a view to
ensuring that those who design, manufacture, import, provide or transfer machinery,
equipment or substances for occupational use--
(a) satisfy themselves that, so far as is reasonably practicable, the machinery,
equipment or substance does not entail dangers for the safety and health of those
using it correctly;
(b) make available information concerning the correct installation and use of
machinery and equipment and the correct use of substances, and information on
hazards of machinery and equipment and dangerous properties of chemical
substances and physical and biological agents or products, as well as instructions
on how known hazards are to be avoided;
(c) undertake studies and research or otherwise keep abreast of the scientific and
technical knowledge necessary to comply with subparagraphs (a) and (b) of this
Article.
Article 13
A worker who has removed himself from a work situation which he has reasonable
justification to believe presents an imminent and serious danger to his life or health shall
be protected from undue consequences in accordance with national conditions and
practice.
Article 14
Article 15
Article 16
Article 17
Article 18
Employers shall be required to provide, where necessary, for measures to deal with
emergencies and accidents, including adequate first-aid arrangements.
Article 19
(a) workers, in the course of performing their work, co-operate in the fulfilment by
their employer of the obligations placed upon him;
(b) representatives of workers in the undertaking co-operate with the employer in
the field of occupational safety and health;
(c) representatives of workers in an undertaking are given adequate information on
measures taken by the employer to secure occupational safety and health and may
consult their representative organisations about such information provided they do
not disclose commercial secrets;
(d) workers and their representatives in the undertaking are given appropriate
training in occupational safety and health;
(e) workers or their representatives and, as the case may be, their representative
organisations in an undertaking, in accordance with national law and practice, are
enabled to enquire into, and are consulted by the employer on, all aspects of
occupational safety and health associated with their work; for this purpose
technical advisers may, by mutual agreement, be brought in from outside the
undertaking;
(f) a worker reports forthwith to his immediate supervisor any situation which he
has reasonable justification to believe presents an imminent and serious danger to
his life or health; until the employer has taken remedial action, if necessary, the
employer cannot require workers to return to a work situation where there is
continuing imminent and serious danger to life or health.
Article 20
Co-operation between management and workers and/or their representatives within the
undertaking shall be an essential element of organisational and other measures taken in
pursuance of Articles 16 to 19 of this Convention.
Article 21
Occupational safety and health measures shall not involve any expenditure for the
workers.
Article 22
Article 23
Article 24
1. 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. 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. 3. Thereafter, this Convention shall come into force for any Member twelve
months after the date on which its ratification has been registered.
Article 25
1. 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. 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 26
Article 27
Article 28
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 29
Article 30
The English and French versions of the text of this Convention are equally authoritative.
P155 - Protocol of 2002 to the Occupational Safety and Health Convention, 1981
Preamble
Having been convened at Geneva by the Governing Body of the International Labour
Office, and having met in its 90th Session on 3 June 2002, and
Noting the provisions of Article 11 of the Occupational Safety and Health Convention,
1981, (hereinafter referred to as "the Convention"), which states in particular that:
"To give effect to the policy referred to in Article 4 of this Convention, the competent
authority or authorities shall ensure that the following functions are progressively carried
out:
...
...
and
Having regard to the need to strengthen recording and notification procedures for
occupational accidents and diseases and to promote the harmonization of recording and
notification systems with the aim of identifying their causes and establishing preventive
measures, and
Having decided upon the adoption of certain proposals with regard to the recording and
notification of occupational accidents and diseases, which is the fifth item on the agenda
of the session, and
Having determined that these proposals shall take the form of a protocol to the
Occupational Safety and Health Convention, 1981;
adopts this twentieth day of June two thousand and two the following Protocol, which may
be cited as the Protocol of 2002 to the Occupational Safety and Health Convention, 1981.
I. DEFINITIONS
Article 1
(a) the term "occupational accident" covers an occurrence arising out of, or in the
course of, work which results in fatal or non-fatal injury;
(b) the term "occupational disease" covers any disease contracted as a result of an
exposure to risk factors arising from work activity;
(c) the term "dangerous occurrence" covers a readily identifiable event as defined
under national laws and regulations, with potential to cause an injury or disease to
persons at work or to the public;
(d) the term "commuting accident" covers an accident resulting in death or
personal injury occurring on the direct way between the place of work and:
o (i) the worker's principal or secondary residence; or
o (ii) the place where the worker usually takes a meal; or
o (iii) the place where the worker usually receives his or her remuneration.
Article 2
The competent authority shall, by laws or regulations or any other method consistent with
national conditions and practice, and in consultation with the most representative
organizations of employers and workers, establish and periodically review requirements
and procedures for:
Article 3
Article 4
Article 5
Article 6
Each Member which ratifies this Protocol shall, based on the notifications and other
available information, publish annually statistics that are compiled in such a way as to be
representative of the country as a whole, concerning occupational accidents, occupational
diseases and, as appropriate, dangerous occurrences and commuting accidents, as well as
the analyses thereof.
Article 7
The statistics shall be established following classification schemes that are compatible
with the latest relevant international schemes established under the auspices of the
International Labour Organization or other competent international organizations.
Article 8
1. 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 to the
Director-General of the International Labour Office for registration.
2. 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 its ratification has been registered by the Director-General and the
Convention shall be binding on the Member concerned with the addition of
Articles 1 to 7 of this Protocol.
Article 9
1. 1. A Member which has ratified this Protocol may denounce it whenever the
Convention is open to denunciation in accordance with its Article 25, by an act
communicated to the Director-General of the International Labour Office for
registration.
2. 2. Denunciation of the Convention in accordance with its Article 25 by a Member
which has ratified this Protocol shall ipso jure involve the denunciation of this
Protocol.
3. 3. Any denunciation of this Protocol in accordance with paragraphs 1 or 2 of this
Article shall not take effect until one year after the date on which it is registered.
Article 10
Article 11
Article 12
The English and French versions of the text of this Protocol are equally authoritative.
Preamble
Having been convened at Geneva by the Governing Body of the International Labour
Office, and having met in its Sixty-seventh Session on 3 June 1981, and
Having decided upon the adoption of certain proposals with regard to safety and health
and the working environment, which is the sixth item on the agenda of the session, and
Having determined that these proposals shall take the form of a Recommendation
supplementing the Occupational Safety and Health Convention, 1981,
adopts this twenty-second day of June of the year one thousand nine hundred and eighty-
one, the following Recommendation, which may be cited as the Occupational Safety and
Health Recommendation, 1981:
1. 1.
o (1) To the greatest extent possible, the provisions of the Occupational
Safety and Health Convention, 1981, hereinafter referred to as the
Convention, and of this Recommendation should be applied to all branches
of economic activity and to all categories of workers.
o (2) Provision should be made for such measures as may be necessary and
practicable to give self-employed persons protection analogous to that
provided for in the Convention and in this Recommendation.
1. 10. The obligations placed upon employers with a view to achieving the objective
set forth in Article 16 of the Convention might include, as appropriate for different
branches of economic activity and different types of work, the following:
o (a) to provide and maintain workplaces, machinery and equipment, and use
work methods, which are as safe and without risk to health as is reasonably
practicable;
o (b) to give necessary instructions and training, taking account of the
functions and capacities of different categories of workers;
o (c) to provide adequate supervision of work, of work practices and of
application and use of occupational safety and health measures;
o (d) to institute organisational arrangements regarding occupational safety
and health and the working environment adapted to the size of the
undertaking and the nature of its activities;
o (e) to provide, without any cost to the worker, adequate personal protective
clothing and equipment which are reasonably necessary when hazards
cannot be otherwise prevented or controlled;
o (f) to ensure that work organisation, particularly with respect to hours of
work and rest breaks, does not adversely affect occupational safety and
health;
o (g) to take all reasonably practicable measures with a view to eliminating
excessive physical and mental fatigue;
o (h) to undertake studies and research or otherwise keep abreast of the
scientific and technical knowledge necessary to comply with the foregoing
clauses.
2. 11. Whenever two or more undertakings engage in activities simultaneously at one
workplace, they should collaborate in applying the provisions regarding
occupational safety and health and the working environment, without prejudice to
the responsibility of each undertaking for the health and safety of its employees. In
appropriate cases, the competent authority or authorities should prescribe general
procedures for this collaboration.
3. 12.
o (1) The measures taken to facilitate the co-operation referred to in Article
20 of the Convention should include, where appropriate and necessary, the
appointment, in accordance with national practice, of workers' safety
delegates, of workers' safety and health committees, and/or of joint safety
and health committees; in joint safety and health committees workers
should have at least equal representation with employers' representatives.
o (2) Workers' safety delegates, workers' safety and health committees, and
joint safety and health committees or, as appropriate, other workers'
representatives should--
(a) be given adequate information on safety and health matters,
enabled to examine factors affecting safety and health, and
encouraged to propose measures on the subject;
(b) be consulted when major new safety and health measures are
envisaged and before they are carried out, and seek to obtain the
support of the workers for such measures;
(c) be consulted in planning alterations of work processes, work
content or organisation of work, which may have safety or health
implications for the workers;
(d) be given protection from dismissal and other measures
prejudicial to them while exercising their functions in the field of
occupational safety and health as workers' representatives or as
members of safety and health committees;
(e) be able to contribute to the decision-making process at the level
of the undertaking regarding matters of safety and health;
(f) have access to all parts of the workplace and be able to
communicate with the workers on safety and health matters during
working hours at the workplace;
(g) be free to contact labour inspectors;
(h) be able to contribute to negotiations in the undertaking on
occupational safety and health matters;
(i) have reasonable time during paid working hours to exercise their
safety and health functions and to receive training related to these
functions;
(j) have recourse to specialists to advise on particular safety and
health problems.
4. 13. As necessary in regard to the activities of the undertaking and practicable in
regard to size, provision should be made for--
o (a) the availability of an occupational health service and a safety service,
within the undertaking, jointly with other undertakings, or under
arrangements with an outside body;
o (b) recourse to specialists to advise on particular occupational safety or
health problems or supervise the application of measures to meet them.
5. 14. Employers should, where the nature of the operations in their undertakings
warrants it, be required to set out in writing their policy and arrangements in the
field of occupational safety and health, and the various responsibilities exercised
under these arrangements, and to bring this information to the notice of every
worker, in a language or medium the worker readily understands.
6. 15.
o (1) Employers should be required to verify the implementation of
applicable standards on occupational safety and health regularly, for
instance by environmental monitoring, and to undertake systematic safety
audits from time to time.
o (2) Employers should be required to keep such records relevant to
occupational safety and health and the working environment as are
considered necessary by the competent authority or authorities; these might
include records of all notifiable occupational accidents and injuries to
health which arise in the course of or in connection with work, records of
authorisation and exemptions under laws or regulations to supervision of
the health of workers in the undertaking, and data concerning exposure to
specified substances and agents.
7. 16. The arrangements provided for in Article 19 of the Convention should aim at
ensuring that workers--
o (a) take reasonable care for their own safety and that of other persons who
may be affected by their acts or omissions at work;
o (b) comply with instructions given for their own safety and health and those
of others and with safety and health procedures;
o (c) use safety devices and protective equipment correctly and do not render
them inoperative;
o (d) report forthwith to their immediate supervisor any situation which they
have reason to believe could present a hazard and which they cannot
themselves correct;
o (e) report any accident or injury to health which arises in the course of or in
connection with work.
8. 17. No measures prejudicial to a worker should be taken by reference to the fact
that, in good faith, he complained of what he considered to be a breach of statutory
requirements or a serious inadequacy in the measures taken by the employer in
respect of occupational safety and health and the working environment.
ANNEX
1958
1964 Offices)
Preamble
Having been convened at Geneva by the Governing Body of the International Labour
Office and having met in its Sixty-ninth Session on 1 June 1983, and
Considering that the year 1981 was declared by the United Nations General Assembly the
International Year of Disabled Persons, with the theme "full participation and equality"
and that a comprehensive World Programme of Action concerning Disabled Persons is to
provide effective measures at the international and national levels for the realisation of the
goals of "full participation" of disabled persons in social life and development, and of
"equality", and
Considering that these developments have made it appropriate to adopt new international
standards on the subject which take account, in particular, of the need to ensure equality of
opportunity and treatment to all categories of disabled persons, in both rural and urban
areas, for employment and integration into the community, and
Having decided upon the adoption of certain proposals with regard to vocational
rehabilitation 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 twentieth day of June of the year one thousand nine hundred and eighty-three
the following Convention, which may be cited as the Vocational Rehabilitation and
Employment (Disabled Persons) Convention, 1983:
PART I.
DEFINITION AND SCOPE
Article 1
1. 1. For the purposes of this Convention, the term disabled person means an
individual whose prospects of securing, retaining and advancing in suitable
employment are substantially reduced as a result of a duly recognised physical or
mental impairment.
2. 2. For the purposes of this Convention, each Member shall consider the purpose of
vocational rehabilitation as being to enable a disabled person to secure, retain and
advance in suitable employment and thereby to further such person's integration or
reintegration into society.
3. 3. The provisions of this Convention shall be applied by each Member through
measures which are appropriate to national conditions and consistent with national
practice.
4. 4. The provisions of this Convention shall apply to all categories of disabled
persons.
PART II.
PRINCIPLES OF VOCATIONAL REHABILITATION AND EMPLOYMENT
POLICIES FOR DISABLED PERSONS
Article 2
Each Member shall, in accordance with national conditions, practice and possibilities,
formulate, implement and periodically review a national policy on vocational
rehabilitation and employment of disabled persons.
Article 3
The said policy shall aim at ensuring that appropriate vocational rehabilitation measures
are made available to all categories of disabled persons, and at promoting employment
opportunities for disabled persons in the open labour market.
Article 4
The said policy shall be based on the principle of equal opportunity between disabled
workers and workers generally. Equality of opportunity and treatment for disabled men
and women workers shall be respected. Special positive measures aimed at effective
equality of opportunity and treatment between disabled workers and other workers shall
not be regarded as discriminating against other workers.
Article 5
PART III.
ACTION AT THE NATIONAL LEVEL FOR THE DEVELOPMENT OF
VOCATIONAL REHABILITATION AND EMPLOYMENT SERVICES FOR
DISABLED PERSONS
Article 6
Each Member shall, by laws or regulations or by any other method consistent with
national conditions and practice, take such steps as may be necessary to give effect to
Articles 2, 3, 4 and 5 of this Convention.
Article 7
The competent authorities shall take measures with a view to providing and evaluating
vocational guidance, vocational training, placement, employment and other related
services to enable disabled persons to secure, retain and advance in employment; existing
services for workers generally shall, wherever possible and appropriate, be used with
necessary adaptations.
Article 8
Article 9
Each Member shall aim at ensuring the training and availability of rehabilitation
counsellors and other suitably qualified staff responsible for the vocational guidance,
vocational training, placement and employment of disabled persons.
PART IV.
FINAL PROVISIONS
Article 10
1. 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. 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. 3. Thereafter, this Convention shall come into force for any Member twelve
months after the date on which its ratification has been registered.
Article 12
1. 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. 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 13
Article 14
Article 15
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 16
Article 17
The English and French versions of the text of this Convention are equally authoritative.
Preamble
Having been convened at Geneva by the Governing Body of the International Labour
Office, and having met in its 76th Session on 7 June 1989, and
Noting the international standards contained in the Indigenous and Tribal Populations
Convention and Recommendation, 1957, and
Recalling the terms of the Universal Declaration of Human Rights, the International
Covenant on Economic, Social and Cultural Rights, the International Covenant on Civil
and Political Rights, and the many international instruments on the prevention of
discrimination, and
Considering that the developments which have taken place in international law since 1957,
as well as developments in the situation of indigenous and tribal peoples in all regions of
the world, have made it appropriate to adopt new international standards on the subject
with a view to removing the assimilationist orientation of the earlier standards, and
Recognising the aspirations of these peoples to exercise control over their own institutions,
ways of life and economic development and to maintain and develop their identities,
languages and religions, within the framework of the States in which they live, and
Noting that in many parts of the world these peoples are unable to enjoy their fundamental
human rights to the same degree as the rest of the population of the States within which
they live, and that their laws, values, customs and perspectives have often been eroded,
and
Calling attention to the distinctive contributions of indigenous and tribal peoples to the
cultural diversity and social and ecological harmony of humankind and to international co-
operation and understanding, and
Noting that the following provisions have been framed with the co-operation of the United
Nations, the Food and Agriculture Organisation of the United Nations, the United Nations
Educational, Scientific and Cultural Organisation and the World Health Organisation, as
well as of the Inter-American Indian Institute, at appropriate levels and in their respective
fields, and that it is proposed to continue this co-operation in promoting and securing the
application of these provisions, and
Having decided upon the adoption of certain proposals with regard to the partial revision
of the Indigenous and Tribal Populations Convention, 1957 (No. 107), 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
revising the Indigenous and Tribal Populations Convention, 1957;
adopts this twenty-seventh day of June of the year one thousand nine hundred and eighty-
nine the following Convention, which may be cited as the Indigenous and Tribal Peoples
Convention, 1989;
PART I.
GENERAL POLICY
Article 1
1. 1. Governments shall have the responsibility for developing, with the participation
of the peoples concerned, co-ordinated and systematic action to protect the rights
of these peoples and to guarantee respect for their integrity.
2. 2. Such action shall include measures for:
o (a) ensuring that members of these peoples benefit on an equal footing from
the rights and opportunities which national laws and regulations grant to
other members of the population;
o (b) promoting the full realisation of the social, economic and cultural rights
of these peoples with respect for their social and cultural identity, their
customs and traditions and their institutions;
o (c) assisting the members of the peoples concerned to eliminate socio-
economic gaps that may exist between indigenous and other members of
the national community, in a manner compatible with their aspirations and
ways of life.
Article 3
1. 1. Indigenous and tribal peoples shall enjoy the full measure of human rights and
fundamental freedoms without hindrance or discrimination. The provisions of the
Convention shall be applied without discrimination to male and female members of
these peoples.
2. 2. No form of force or coercion shall be used in violation of the human rights and
fundamental freedoms of the peoples concerned, including the rights contained in
this Convention.
Article 4
Article 5
(a) the social, cultural, religious and spiritual values and practices of these peoples
shall be recognised and protected, and due account shall be taken of the nature of
the problems which face them both as groups and as individuals;
(b) the integrity of the values, practices and institutions of these peoples shall be
respected;
(c) policies aimed at mitigating the difficulties experienced by these peoples in
facing new conditions of life and work shall be adopted, with the participation and
co-operation of the peoples affected.
Article 6
Article 7
1. 1. The peoples concerned shall have the right to decide their own priorities for the
process of development as it affects their lives, beliefs, institutions and spiritual
well-being and the lands they occupy or otherwise use, and to exercise control, to
the extent possible, over their own economic, social and cultural development. In
addition, they shall participate in the formulation, implementation and evaluation
of plans and programmes for national and regional development which may affect
them directly.
2. 2. The improvement of the conditions of life and work and levels of health and
education of the peoples concerned, with their participation and co-operation, shall
be a matter of priority in plans for the overall economic development of areas they
inhabit. Special projects for development of the areas in question shall also be so
designed as to promote such improvement.
3. 3. Governments shall ensure that, whenever appropriate, studies are carried out, in
co-operation with the peoples concerned, to assess the social, spiritual, cultural and
environmental impact on them of planned development activities. The results of
these studies shall be considered as fundamental criteria for the implementation of
these activities.
4. 4. Governments shall take measures, in co-operation with the peoples concerned,
to protect and preserve the environment of the territories they inhabit.
Article 8
1. 1. In applying national laws and regulations to the peoples concerned, due regard
shall be had to their customs or customary laws.
2. 2. These peoples shall have the right to retain their own customs and institutions,
where these are not incompatible with fundamental rights defined by the national
legal system and with internationally recognised human rights. Procedures shall be
established, whenever necessary, to resolve conflicts which may arise in the
application of this principle.
3. 3. The application of paragraphs 1 and 2 of this Article shall not prevent members
of these peoples from exercising the rights granted to all citizens and from
assuming the corresponding duties.
Article 9
1. 1. To the extent compatible with the national legal system and internationally
recognised human rights, the methods customarily practised by the peoples
concerned for dealing with offences committed by their members shall be
respected.
2. 2. The customs of these peoples in regard to penal matters shall be taken into
consideration by the authorities and courts dealing with such cases.
Article 10
Article 11
The exaction from members of the peoples concerned of compulsory personal services in
any form, whether paid or unpaid, shall be prohibited and punishable by law, except in
cases prescribed by law for all citizens.
Article 12
The peoples concerned shall be safeguarded against the abuse of their rights and shall be
able to take legal proceedings, either individually or through their representative bodies,
for the effective protection of these rights. Measures shall be taken to ensure that members
of these peoples can understand and be understood in legal proceedings, where necessary
through the provision of interpretation or by other effective means.
PART II.
LAND
Article 13
1. 1. The rights of ownership and possession of the peoples concerned over the lands
which they traditionally occupy shall be recognised. In addition, measures shall be
taken in appropriate cases to safeguard the right of the peoples concerned to use
lands not exclusively occupied by them, but to which they have traditionally had
access for their subsistence and traditional activities. Particular attention shall be
paid to the situation of nomadic peoples and shifting cultivators in this respect.
2. 2. Governments shall take steps as necessary to identify the lands which the
peoples concerned traditionally occupy, and to guarantee effective protection of
their rights of ownership and possession.
3. 3. Adequate procedures shall be established within the national legal system to
resolve land claims by the peoples concerned.
Article 15
1. 1. The rights of the peoples concerned to the natural resources pertaining to their
lands shall be specially safeguarded. These rights include the right of these peoples
to participate in the use, management and conservation of these resources.
2. 2. In cases in which the State retains the ownership of mineral or sub-surface
resources or rights to other resources pertaining to lands, governments shall
establish or maintain procedures through which they shall consult these peoples,
with a view to ascertaining whether and to what degree their interests would be
prejudiced, before undertaking or permitting any programmes for the exploration
or exploitation of such resources pertaining to their lands. The peoples concerned
shall wherever possible participate in the benefits of such activities, and shall
receive fair compensation for any damages which they may sustain as a result of
such activities.
Article 16
1. 1. Subject to the following paragraphs of this Article, the peoples concerned shall
not be removed from the lands which they occupy.
2. 2. Where the relocation of these peoples is considered necessary as an exceptional
measure, such relocation shall take place only with their free and informed
consent. Where their consent cannot be obtained, such relocation shall take place
only following appropriate procedures established by national laws and
regulations, including public inquiries where appropriate, which provide the
opportunity for effective representation of the peoples concerned.
3. 3. Whenever possible, these peoples shall have the right to return to their
traditional lands, as soon as the grounds for relocation cease to exist.
4. 4. When such return is not possible, as determined by agreement or, in the absence
of such agreement, through appropriate procedures, these peoples shall be provided
in all possible cases with lands of quality and legal status at least equal to that of
the lands previously occupied by them, suitable to provide for their present needs
and future development. Where the peoples concerned express a preference for
compensation in money or in kind, they shall be so compensated under appropriate
guarantees.
5. 5. Persons thus relocated shall be fully compensated for any resulting loss or
injury.
Article 17
Article 18
Adequate penalties shall be established by law for unauthorised intrusion upon, or use of,
the lands of the peoples concerned, and governments shall take measures to prevent such
offences.
Article 19
National agrarian programmes shall secure to the peoples concerned treatment equivalent
to that accorded to other sectors of the population with regard to:
(a) the provision of more land for these peoples when they have not the area
necessary for providing the essentials of a normal existence, or for any possible
increase in their numbers;
(b) the provision of the means required to promote the development of the lands
which these peoples already possess.
PART III.
RECRUITMENT AND CONDITIONS OF EMPLOYMENT
Article 20
1. 1. Governments shall, within the framework of national laws and regulations, and
in co-operation with the peoples concerned, adopt special measures to ensure the
effective protection with regard to recruitment and conditions of employment of
workers belonging to these peoples, to the extent that they are not effectively
protected by laws applicable to workers in general.
2. 2. Governments shall do everything possible to prevent any discrimination between
workers belonging to the peoples concerned and other workers, in particular as
regards:
o (a) admission to employment, including skilled employment, as well as
measures for promotion and advancement;
o (b) equal remuneration for work of equal value;
o (c) medical and social assistance, occupational safety and health, all social
security benefits and any other occupationally related benefits, and
housing;
o (d) the right of association and freedom for all lawful trade union activities,
and the right to conclude collective agreements with employers or
employers' organisations.
3. 3. The measures taken shall include measures to ensure:
o (a) that workers belonging to the peoples concerned, including seasonal,
casual and migrant workers in agricultural and other employment, as well
as those employed by labour contractors, enjoy the protection afforded by
national law and practice to other such workers in the same sectors, and
that they are fully informed of their rights under labour legislation and of
the means of redress available to them;
o (b) that workers belonging to these peoples are not subjected to working
conditions hazardous to their health, in particular through exposure to
pesticides or other toxic substances;
o (c) that workers belonging to these peoples are not subjected to coercive
recruitment systems, including bonded labour and other forms of debt
servitude;
o (d) that workers belonging to these peoples enjoy equal opportunities and
equal treatment in employment for men and women, and protection from
sexual harassment.
4. 4. Particular attention shall be paid to the establishment of adequate labour
inspection services in areas where workers belonging to the peoples concerned
undertake wage employment, in order to ensure compliance with the provisions of
this Part of this Convention.
PART IV.
VOCATIONAL TRAINING, HANDICRAFTS AND RURAL INDUSTRIES
Article 21
Members of the peoples concerned shall enjoy opportunities at least equal to those of other
citizens in respect of vocational training measures.
Article 22
Article 23
PART V.
SOCIAL SECURITY AND HEALTH
Article 24
Social security schemes shall be extended progressively to cover the peoples concerned,
and applied without discrimination against them.
Article 25
1. 1. Governments shall ensure that adequate health services are made available to the
peoples concerned, or shall provide them with resources to allow them to design
and deliver such services under their own responsibility and control, so that they
may enjoy the highest attainable standard of physical and mental health.
2. 2. Health services shall, to the extent possible, be community-based. These
services shall be planned and administered in co-operation with the peoples
concerned and take into account their economic, geographic, social and cultural
conditions as well as their traditional preventive care, healing practices and
medicines.
3. 3. The health care system shall give preference to the training and employment of
local community health workers, and focus on primary health care while
maintaining strong links with other levels of health care services.
4. 4. The provision of such health services shall be co-ordinated with other social,
economic and cultural measures in the country.
PART VI.
EDUCATION AND MEANS OF COMMUNICATION
Article 26
Measures shall be taken to ensure that members of the peoples concerned have the
opportunity to acquire education at all levels on at least an equal footing with the rest of
the national community.
Article 27
Article 28
Article 29
The imparting of general knowledge and skills that will help children belonging to the
peoples concerned to participate fully and on an equal footing in their own community and
in the national community shall be an aim of education for these peoples.
Article 30
Article 31
Educational measures shall be taken among all sections of the national community, and
particularly among those that are in most direct contact with the peoples concerned, with
the object of eliminating prejudices that they may harbour in respect of these peoples. To
this end, efforts shall be made to ensure that history textbooks and other educational
materials provide a fair, accurate and informative portrayal of the societies and cultures of
these peoples.
PART VII.
CONTACTS AND CO-OPERATION ACROSS BORDERS
Article 32
PART VIII.
ADMINISTRATION
Article 33
PART IX.
GENERAL PROVISIONS
Article 34
The nature and scope of the measures to be taken to give effect to this Convention shall be
determined in a flexible manner, having regard to the conditions characteristic of each
country.
Article 35
The application of the provisions of this Convention shall not adversely affect rights and
benefits of the peoples concerned pursuant to other Conventions and Recommendations,
international instruments, treaties, or national laws, awards, custom or agreements.
PART X.
FINAL PROVISIONS
Article 36
This Convention revises the Indigenous and Tribal Populations Convention, 1957.
Article 37
Article 38
1. 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. 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. 3. Thereafter, this Convention shall come into force for any Member twelve
months after the date on which its ratification has been registered.
Article 39
1. 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. 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 40
Article 41
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 43
Article 44
The English and French versions of the text of this Convention are equally authoritative.
Preamble
Having been convened at Geneva by the Governing Body of the International Labour
Office, and having met in its Eighty-third Session on 4 June 1996, and
Recalling that many international labour Conventions and Recommendations laying down
standards of general application concerning working conditions are applicable to
homeworkers, and
Noting that the particular conditions characterizing home work make it desirable to
improve the application of those Conventions and Recommendations to homeworkers, and
to supplement them by standards which take into account the special characteristics of
home work, and
Having decided upon the adoption of certain proposals with regard to home work, 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 twentieth day of June of the year one thousand nine hundred and ninety-six,
the following Convention, which may be cited as the Home Work Convention, 1996:
Article 1
(a) the term home work means work carried out by a person, to be referred to as a
homeworker,
o (i) in his or her home or in other premises of his or her choice, other than
the workplace of the employer;
o (ii) for remuneration;
o (iii) which results in a product or service as specified by the employer,
irrespective of who provides the equipment, materials or other inputs used,
unless this person has the degree of autonomy and of economic independence necessary to
be considered an independent worker under national laws, regulations or court decisions;
(b) persons with employee status do not become homeworkers within the meaning
of this Convention simply by occasionally performing their work as employees at
home, rather than at their usual workplaces;
(c) the term employer means a person, natural or legal, who, either directly or
through an intermediary, whether or not intermediaries are provided for in national
legislation, gives out home work in pursuance of his or her business activity.
Article 2
This Convention applies to all persons carrying out home work within the meaning of
Article 1.
Article 3
Each Member which has ratified this Convention shall adopt, implement and periodically
review a national policy on home work aimed at improving the situation of homeworkers,
in consultation with the most representative organizations of employers and workers and,
where they exist, with organizations concerned with homeworkers and those of employers
of homeworkers.
Article 4
1. 1. The national policy on home work shall promote, as far as possible, equality of
treatment between homeworkers and other wage earners, taking into account the
special characteristics of home work and, where appropriate, conditions applicable
to the same or a similar type of work carried out in an enterprise.
2. 2. Equality of treatment shall be promoted, in particular, in relation to:
o (a) the homeworkers' right to establish or join organizations of their own
choosing and to participate in the activities of such organizations;
o (b) protection against discrimination in employment and occupation;
o (c) protection in the field of occupational safety and health;
o (d) remuneration;
o (e) statutory social security protection;
o (f) access to training;
o (g) minimum age for admission to employment or work; and
o (h) maternity protection.
Article 5
The national policy on home work shall be implemented by means of laws and
regulations, collective agreements, arbitration awards or in any other appropriate manner
consistent with national practice.
Article 6
Appropriate measures shall be taken so that labour statistics include, to the extent possible,
home work.
Article 7
National laws and regulations on safety and health at work shall apply to home work,
taking account of its special characteristics, and shall establish conditions under which
certain types of work and the use of certain substances may be prohibited in home work
for reasons of safety and health.
Article 8
Where the use of intermediaries in home work is permitted, the respective responsibilities
of employers and intermediaries shall be determined by laws and regulations or by court
decisions, in accordance with national practice.
Article 9
1. 1. A system of inspection consistent with national law and practice shall ensure
compliance with the laws and regulations applicable to home work.
2. 2. Adequate remedies, including penalties where appropriate, in case of violation
of these laws and regulations shall be provided for and effectively applied.
Article 10
This Convention does not affect more favourable provisions applicable to homeworkers
under other international labour Conventions.
Article 11
1. 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. 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. 3. Thereafter, this Convention shall come into force for any Member 12 months
after the date on which its ratification has been registered.
Article 13
1. 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. 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
Article 15
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
Article 18
The English and French versions of the text of this Convention are equally authoritative.
Preamble
Having been convened at Geneva by the Governing Body of the International Labour
Office, and having met in its Eighty-fifth Session on 3 June 1997, and
Being aware of the importance of flexibility in the functioning of labour markets, and
Recalling that the International Labour Conference at its 81st Session, 1994, held the view
that the ILO should proceed to revise the Fee-Charging Employment Agencies Convention
(Revised), 1949, and
Recognizing the role which private employment agencies may play in a well-functioning
labour market, and
Recalling the provisions of the Forced Labour Convention, 1930, the Freedom of
Association and the Protection of the Right to Organise Convention, 1948, the Right to
Organise and Collective Bargaining Convention, 1949, the Discrimination (Employment
and Occupation) Convention, 1958, the Employment Policy Convention, 1964, the
Minimum Age Convention, 1973, the Employment Promotion and Protection against
Unemployment Convention, 1988, and the provisions relating to recruitment and
placement in the Migration for Employment Convention (Revised), 1949, and the Migrant
Workers (Supplementary Provisions) Convention, 1975, and
Having decided upon the adoption of certain proposals with regard to the revision of the
Fee- Charging Employment Agencies Convention (Revised), 1949, 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 nineteenth day of June of the year one thousand nine hundred and ninety-
seven, the following Convention, which may be cited as the Private Employment Agencies
Convention, 1997:
Article 1
1. 1. For the purpose of this Convention the term private employment agency means
any natural or legal person, independent of the public authorities, which provides
one or more of the following labour market services:
o (a) services for matching offers of and applications for employment,
without the private employment agency becoming a party to the
employment relationships which may arise therefrom;
o (b) services consisting of employing workers with a view to making them
available to a third party, who may be a natural or legal person (referred to
below as a "user enterprise") which assigns their tasks and supervises the
execution of these tasks;
o (c) other services relating to jobseeking, determined by the competent
authority after consulting the most representative employers and workers
organizations, such as the provision of information, that do not set out to
match specific offers of and applications for employment.
2. 2. For the purpose of this Convention, the term workers includes jobseekers.
3. 3. For the purpose of this Convention, the term processing of personal data of
workers means the collection, storage, combination, communication or any other
use of information related to an identified or identifiable worker.
Article 2
Article 3
Article 4
Measures shall be taken to ensure that the workers recruited by private employment
agencies providing the services referred to in Article 1 are not denied the right to freedom
of association and the right to bargain collectively.
Article 5
The processing of personal data of workers by private employment agencies shall be:
(a) done in a manner that protects this data and ensures respect for workers privacy
in accordance with national law and practice;
(b) limited to matters related to the qualifications and professional experience of
the workers concerned and any other directly relevant information.
Article 7
Article 8
Article 9
A Member shall take measures to ensure that child labour is not used or supplied by
private employment agencies.
Article 10
The competent authority shall ensure that adequate machinery and procedures, involving
as appropriate the most representative employers and workers organizations, exist for the
investigation of complaints, alleged abuses and fraudulent practices concerning the
activities of private employment agencies.
Article 11
A Member shall, in accordance with national law and practice, take the necessary
measures to ensure adequate protection for the workers employed by private employment
agencies as described in Article 1, paragraph 1(b) above, in relation to:
Article 12
A Member shall determine and allocate, in accordance with national law and practice, the
respective responsibilities of private employment agencies providing the services referred
to in paragraph 1(b) of Article 1 and of user enterprises in relation to:
Article 13
1. 1. A Member shall, in accordance with national law and practice and after
consulting the most representative organizations of employers and workers,
formulate, establish and periodically review conditions to promote cooperation
between the public employment service and private employment agencies.
2. 2. The conditions referred to in paragraph 1 above shall be based on the principle
that the public authorities retain final authority for:
o (a) formulating labour market policy;
o (b) utilizing or controlling the use of public funds earmarked for the
implementation of that policy.
3. 3. Private employment agencies shall, at intervals to be determined by the
competent authority, provide to that authority the information required by it, with
due regard to the confidential nature of such information:
o (a) to allow the competent authority to be aware of the structure and
activities of private employment agencies in accordance with national
conditions and practices;
o (b) for statistical purposes.
4. 4. The competent authority shall compile and, at regular intervals, make this
information publicly available.
Article 14
Article 15
This Convention does not affect more favourable provisions applicable under other
international labour Conventions to workers recruited, placed or employed by private
employment agencies.
Article 16
Article 17
Article 18
1. 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. 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. 3. Thereafter, this Convention shall come into force for any Member 12 months
after the date on which its ratification has been registered.
Article 19
1. 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. 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 20
Article 21
Article 22
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 23
Article 24
The English and French versions of the text of this Convention are equally authoritative.
ILO Convention 182 (Worst Forms of Child Labour)
Preamble
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.
Article 1
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.
Article 2
For the purposes of this Convention, the term child shall apply to all persons under the age
of 18.
Article 3
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.
Article 4
1. 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. 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. 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.
Article 5
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.
Article 6
Article 7
1. 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. 2. Each Member shall, taking into account the importance of education in
eliminating child labour, take effective and time-bound measures to:
o (a) prevent the engagement of children in the worst forms of child labour;
o (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;
o (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;
o (d) identify and reach out to children at special risk; and
o (e) take account of the special situation of girls.
3. 3. Each Member shall designate the competent authority responsible for the
implementation of the provisions giving effect to this Convention.
Article 8
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.
Article 9
1. 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. 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. 3. Thereafter, this Convention shall come into force for any Member 12 months
after the date on which its ratification has been registered.
Article 11
1. 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. 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
Article 13
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
Article 16
The English and French versions of the text of this Convention are equally authoritative.
Preamble
Having been convened at Geneva by the Governing Body of the International Labour
Office, and having met in its 88th Session on 30 May 2000, and
Noting the need to revise the Maternity Protection Convention (Revised), 1952, and the
Maternity Protection Recommendation, 1952, in order to further promote equality of all
women in the workforce and the health and safety of the mother and child, and in order to
recognize the diversity in economic and social development of Members, as well as the
diversity of enterprises, and the development of the protection of maternity in national law
and practice, and
Noting the provisions of the Universal Declaration of Human Rights (1948), the United
Nations Convention on the Elimination of All Forms of Discrimination Against Women
(1979), the United Nations Convention on the Rights of the Child (1989), the Beijing
Declaration and Platform for Action (1995), the International Labour Organization's
Declaration on Equality of Opportunity and Treatment for Women Workers (1975), the
International Labour Organization's Declaration on Fundamental Principles and Rights at
Work and its Follow-up (1998), as well as the international labour Conventions and
Recommendations aimed at ensuring equality of opportunity and treatment for men and
women workers, in particular the Convention concerning Workers with Family
Responsibilities, 1981, and
Taking into account the circumstances of women workers and the need to provide
protection for pregnancy, which are the shared responsibility of government and society,
and
Having decided upon the adoption of certain proposals with regard to the revision of the
Maternity Protection Convention (Revised), 1952, and Recommendation, 1952, 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 fifteenth day of June of the year two thousand the following Convention, which
may be cited as the Maternity Protection Convention, 2000.
SCOPE
Article 1
For the purposes of this Convention, the term woman applies to any female person without
discrimination whatsoever and the term child applies to any child without discrimination
whatsoever.
Article 2
HEALTH PROTECTION
Article 3
Each Member shall, after consulting the representative organizations of employers and
workers, adopt appropriate measures to ensure that pregnant or breastfeeding women are
not obliged to perform work which has been determined by the competent authority to be
prejudicial to the health of the mother or the child, or where an assessment has established
a significant risk to the mother's health or that of her child.
MATERNITY LEAVE
Article 4
Article 5
BENEFITS
Article 6
Article 7
Article 8
1. 1. Each Member shall adopt appropriate measures to ensure that maternity does not
constitute a source of discrimination in employment, including - notwithstanding
Article 2, paragraph 1 - access to employment.
2. 2. Measures referred to in the preceding paragraph shall include a prohibition from
requiring a test for pregnancy or a certificate of such a test when a woman is
applying for employment, except where required by national laws or regulations in
respect of work that is:
o (a) prohibited or restricted for pregnant or nursing women under national
laws or regulations; or
o (b) where there is a recognized or significant risk to the health of the
woman and child.
BREASTFEEDING MOTHERS
Article 10
1. 1. A woman shall be provided with the right to one or more daily breaks or a daily
reduction of hours of work to breastfeed her child.
2. 2. The period during which nursing breaks or the reduction of daily hours of work
are allowed, their number, the duration of nursing breaks and the procedures for
the reduction of daily hours of work shall be determined by national law and
practice. These breaks or the reduction of daily hours of work shall be counted as
working time and remunerated accordingly.
PERIODIC REVIEW
Article 11
IMPLEMENTATION
Article 12
FINAL PROVISIONS
Article 13
Article 15
1. 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. 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. 3. Thereafter, this Convention shall come into force for any Member 12 months
after the date on which its ratification has been registered.
Article 16
1. 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. 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 17
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 20
Article 21
The English and French versions of the text of this Convention are equally authoritative.
Reference: www.ilo.org
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