ilo trade union training guide

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International Labour OfficeGeneva

International Training Centreof the ILO - Turin

E. Cairola

A. Chiarabini

International Labour Standards: A TradeUnion Training Guide



Copyright © International Training Centre of the ILO 1998

This publication enjoys copyright under Protocol 2 of the Universal Copyright Convention.

Nevertheless, short excerpts may be reproduced without authorization, on condition that

the source is indicated. Applications for authorization to reproduce, translate or adapt part

or all of the publication should be addressed to the International Training Centre of the

ILO, Corso Unità d’Italia 125, 10127 Turin. The Centre welcomes such applications.

First published 1998

ISBN 92-9049-361-5



Preface The Constitution of the ILO and the Declaration of Philadelphia

establish that the ILO’s terms of reference are to help defend the

interests of both male and female workers in every field and to

orientate social policies so as to maintain a universal and lasting peace

throughout the world.

The continuing importance of the ILO’s standard-setting activity is

widely recognised, and it is generally accepted that international labourstandards are still the principal means of achieving the Organisation’s

objectives.

The activities of the ILO, particularly with respect to international

labour standards, are very important for workers and workers’

organisations, whose already active participation in this area should be

enhanced even further. It is especially important for both male andfemale workers to be able to take part systematically and regularly in

supervising the application of international labour standards and also in



to specific training activities and with respect to teaching units oninternational labour standards in trade union training courses, with the

aim of enhancing the abilities of workers’ organisations in this field.

The teaching activities have been devised for trade union training

at international as well as national and local level. Experienced trade

union trainers and instructors will have no difficulty adapting these

activities to local contexts and different training needs.

This guide was produced by the Workers’ Activities Programme

and the International Labour Standards and Human Rights Programme

at the International Training Centre in Turin; more specifically, by Mr.

Enrico Cairola and Mr. Alessandro Chiarabini, who, among other

things, designed the teaching activities that appear in the following

pages and devised the guide’s training methodology. Several other

colleagues with specialist knowledge of trade union training, of

standards and of designing teaching materials also assisted in the

production of this publication.



Contentsof the guide

1. Trainer’s guide

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

3. The ILO and standard setting

4. Characteristics of international labour standards

5. Purpose and content of standards



1



1Trainer’s guide



1

Part

Contents

5 1. Contents of the training pack

7 2.Development objectives of the pack on international

labour standards

7 3. Specific objectives of the pack

10 4. Target group

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

12 6. Teaching methodology: active teaching methods

13 7. Teaching methods



Trainer’s guide

1. Contents of the training packThe training pack on international labour standards for workers’

organisations consists of the following:

Part

A ACTIVE TEACHING METHODS IN TRADE UNION

TRAINING

International Labour Standards: a Trade Union

Training Guide



A Active teaching methods in trade union training:INTERNATIONAL LABOUR STANDARDS: A TRADE UNION

TRAINING GUIDE.

This training guide is the principal tool of the pack and

contains:

• The presentation of an active learning methodology.

• A summary of the technical content in respect of

international labour standards.

• Teaching activities for small group or individual work.

• Visual aids.

• References for further details on the contents of


• Bibliographic references.

B INTERNATIONAL LABOUR STANDARDS: Workers’ Education

Manual.

This manual provides a more detailed view of the content of

the course and the origins and development of ilo action in this

area. It explains the procedures for adopting standards,

conventions and recommendations and gives an overview of

the huge body of standards adopted to date.

C HANDBOOK OF PROCEDURES RELATING TO

Part



2. Development objectives of the pack oninternational labour standardsThis pack has been designed on the one hand to systematise some

of the training documents/material on international labour standards

produced by the ILO and its international Training Centre in Turin, and

on the other to support and develop the international labour standards

policy of the ILO.The following development objectives can be achieved after using

the pack in workers’ organisations:

• Improvement in respect for and protection of workers’ rights;

• Enhancement of workers’ organisation participation in the

international labour standards system;

• An increase in the number of Conventions ratified following

trade union campaigns supported by training and informationactions;

• The establishment within workers’ organisations of a

department/office responsible for continuously monitoring the

technical/legal work arising out of the ILO’s activities and for

co-ordinating, with the training department, the organisation

of awareness-raising and training activities on the ILO and

international labour standards;

• Support for the use of information technologies in workers’

Part



to develop a comparative analysis of the trade union context inwhich the participants work;

to plan the organisation and supervision of the course

(teaching units), in co-operation with the trainer.

The ILO and standard setting: to identify the originality and specific nature of the ILO in

relation to other United Nations specialised agencies;

to describe the fundamental principles on which the ILO is

founded;

to identify the structure, framework and terms of reference of

the ILO;

to identify the structures in the International Labour Office

responsible for supporting workers’ activities at international,

regional and national level;

to locate the place and role of trade union organisations in

support of tripartism.

Characteristics of international labour standards: to establish the difference between a Convention and a

Recommendation;

to identify other instruments constituting the social policy

guidelines supplementing international labour standards;

Part 4:

Part 3:

Part



The procedure of setting, submission, ratification,denunciation and revision of international labourstandards to identify the principal stages in the procedure of preparing,

submitting, ratifying, denouncing and revising international

labour standards;

to describe the role of employers’ and workers’ organisations in

the procedure of submitting, ratifying, denouncing and revisinginternational labour standards.

Application of standards: regular supervisorymachinery to identify the provisions of the ILO Constitution relating to

regular supervision;

to analyse the procedure relating to the system of sending

reports;

to identify the key points to be highlighted in preparing

detailed reports and simplified reports;

to identify the role to be played by workers’ organisations in

the regular supervisory machinery;

to compile the observations of workers’ organisations;

to describe the composition and terms of reference of the

Committee of Experts and the Conference Committee on the

Part 7:

Part 6:

Part



Revision of standards, the standard setting of theILO and globalisation to discuss the Governing Body’s standards revision policy

according to the national situation;

to identify trade union action to be taken in relation to

standards proposed by the Governing Body for

ratification/denunciation.

Preparation of an action plan and final assessmentof the course to draw up a work plan for their own trade union organisation;

to give an overall assessment of the course.

4. Target groupThis pack has been prepared for trade union officials in the

international offices and training and legal departments.

The pack is primarily designed for:

members of staff of the confederations responsible for issues

concerning international labour standards;

officials of training departments in confederations/federations.

Part 11:

Part 10:

Part



vertical sequence. Horizontal, in the sense that each activity (trainingaction) is supported by a specific training method and the respective

teaching material. The interaction of these elements must be ensured

by the trainer within a given period. Vertical, as a sequence of the

different training actions forming the teaching unit as a whole.

Contents of the module.

This part presents a summary of the contents that should bepresented by the trainer. These can be dealt with in more detail by

using other documents provided in the pack.

Certain references (key words) located to the left of the text are

provided as a presentation aid. The trainer can therefore immediately

visualise the structure of the contents and the sequence of presentation.

List of supporting material.A list of the supporting teaching material, including:

• Transparencies

• Teaching activities

• Supporting documents:

- annexes to the teaching unit

- contents of the pack

- bibliographic references

Transparencies.

Part



6. Teaching methodology: active teachingmethodsSince the training guide is part of the series “Active Teaching

Methods in Trade Union Training”, the principal elements of this

approach should first be summarised.

Traditional teaching methods based on the transmission of

knowledge on the one hand and the passive reception of learning onthe other had a certain raison d’être in the cultural and political context

characterised by the presence of powerful messages which were not to

be discussed and challenged.

This traditional methodology had also been applied to trade union

training, seen as vocational training with the emphasis primarily on

technical instruction. Over the years a new form of interaction between

“teacher” and “pupil” has emerged and has rapidly changed this

relationship and the aims of training in the trade union context.

Participants in training activities began to be seen as sources of

knowledge and active subjects of the training process. Active learning

assumes that the participants in a training course are fully involved

rather than being seen as passive subjects. This consequently implies

that the participants’ trade union experience is one of the constituent

elements of a training course.

The different teaching activities, particularly drawing up reports

before the course begins, the definition of participants’ aims and above

Part



participants’ different countries so as to assess their training needs andestablish the teaching objectives of the course, with their co-operation.

The aim of this part of the course is to identify the principal

training objectives and thus adapt the content of the course through

appropriate teaching methods (see “part 2”).

This procedure is constantly monitored thanks to a method of

continuous assessment that allows trainers to respond to participants’

needs as they arise.

This “continuous negotiation” of the rate of work according to

training needs and objectives makes the course very flexible and

encourages participants to apply the results of their work during the

course in their own trade unions.

During the final stage of the programme the participants prepare

action plans that they will implement at local or national level on their

return home.

Annex 2 is a description of a model course that can be used for

preparing a training activity on international labour standards.

7. Teaching methodsTo run a training course the facilitator must be able to use the

principal active teaching methods in trade union training.

Each method can be seen as a “working tool” available to the

Part



The facilitator should ask the participants questions to elicit theirexperience and link it to the technical content to be presented.

The facilitator should “guide” participants in their discussion so

that they “discover” the technical content of the module.

As the discussion goes on the facilitator may summarise the

results in the form of key words to lead participants to draw the

conclusions already envisaged in the discussion plan.

Case studyThis method introduces participants to a real case involving

specific trade union problems. It shows how complex issues can be

approached from different angles by means of systematic analysis in

small groups (work groups).

Role playThis method consists of recreating a situation in which a real

problem is addressed. Participants have to play the different roles by

following precise instructions within a set time. Interaction between the

different roles aims to produce an acceptable solution for the different

parties.

Interactive presentation of reports and work plansThis method is designed to organise the presentation of

information produced interactively by the participants The various

Part



To ensure that group work is effective the facilitator mustsupervise the following elements:

Preparation:

Presentation of the activity to all participants

Clarification of the objectives of the activity

Splitting into smaller groups

Choice of a spokesperson for each group

“Brain storming” to express ideas and opinions and to

communicate information

Procedure

Members of the group only speak to each other

Contributions are considered to belong to the group

The group decides which contribution will be used

The group agrees on what will be presented to the plenary

Presentation

Results obtained

Results reviewed by the group Results ready to be presented to the plenary

Part



Interim assessments (normally weekly) take place during thecourse so as to ensure that the different elements (teaching units)

contribute clearly to achieving the general objectives of the course.

The immediate objectives are assessed by participants by means of

questionnaires and work plans presented at the end of the course.

A year after the end of the course the long-term objectives can

start to be assessed, making it possible to determine how far it has been

possible to apply the action plans, and also to assess the contribution of

the training to the development of long-term objectives relating to

international labour standards for the trade union movement.

9. Visual aids (transparencies)

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

10. Electronic aids (CD-ROM and access to the World Wide Web)The CD-ROM in this pack was designed as part of a pilot project

i ti f d l i d bli hi th t i i t t i

Part



A complete “paper” version ready to be printed in A4 formatwith a PC printer, in black and white or in colour. In this way

the trainer (or user) has the whole guide in traditional form to

consult, study and copy. Certain parts (the teaching activities,

for example) can be kept on hard disk (or a floppy disk) to be

adapted to the particular needs of each trade union

organisation according to the local context.

A so-called “audiovisual” version containing only thetransparencies, supported by photographs and videos, ready to

be projected in the classroom.

If the PC is connected to a liquid crystal screen for an OHP

or a video projector, the transparencies can be projected

directly onto a large screen. This solution is extremely flexible

and makes it possible to move quickly from one transparency

to the next without handling the document.

If this equipment is not available the trainer can refer to this

version to print only the transparencies required during

preparation of the course.

A complete “multimedia” version adapted particularly for

individual use. Provided in computer screen format, this

version is fully operational for the individual training of a

trainer or learner.

This version allows trainers to “navigate” within the modules

and bibliographic references of the guide to enhance their

Part



All the software tools required to visualise and use the resources

defined above on most platforms (Windows, MacOS) are included on

the CD-ROM. This is primarily Acrobat Reader for the three versions

of the training guide, and Netscape Navigator for access to the

Internet, to post / download material available on the World Wide Web,and to send / retrieve electronic mail for technical support.

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

contains the means and instructions necessary to connect

users to the World Wide Web services of the ILO and the ILO

Training Centre in Turin, so that they can benefit from on-

line information and services and from the support of

specialists in the different departments of the ILO.

The three versions of the guide will also be available on the

World Wide Web sites of the ILO-ACTRAV and the ILOTraining Centre in Turin.

Access to the World Wide Web sites of workers’ organisations

or organisations concerned with the defence of human rights

will also be facilitated.

As stated above, a connection to the Internet will obviously

be required to access these services. This connection can be

provided by a local Internet service provider.

Part



Teaching Activities

The teaching activities (exercises) have been designed according to a

common approach involving three distinct stages :

• Introduction

• Content

• Progress reports

Stage 1: Introduction

In this stage the trainer should present the activity to participants, particularly

drawing their attention to the goals and tasks to be accomplished.

The time allocated to each part of the activity is specified. All the elements

necessary to complete the activity successfully are also mentioned.

A clear introduction helps participants to understand and carry out the activity.

At this point the participants will be divided into work groups or pairs

(sometimes the exercise can also be done individually). How this is done willvary according to the case. You will sometimes have very clear ideas on the

composition of the work group Generally you should have a good mixture of

Annex 1 Part



Stage 3: Progress report This stage allows each small group, pair or individual to present a progress

report to all the other participants.

This will be done in different ways at different times. It may be an oral progress

report, sometimes with the aid of a visual aid or flip chart, diagram, etc.. The

progress report presents the work accomplished in the preceding stage.

When groups have worked on the same task the progress reports should often

be presented by all the groups before the general discussion. It is useful,however, to give the other participants chance to ask questions or ask for

clarification from the reporter and the group at the end of each progress report.

When the groups have finished the different tasks (e.g., preparing training

material on different arguments), you will ask the whole course to discuss the

progress reports one by one. You should establish a balance between

discussing one group’s progress report and the time available for all groups to

present their reports. In this stage it is important to assess each group’s work

and contributions. Each group will ask questions, further information will beprovided by the trainer and the full discussion (with all participants) may

generate new ideas and new approaches. One way or another this procedure

must be consolidated so as to allow it to be valid and useful for the future.

The trainer has the great responsibility of assisting this procedure by

structuring the plenary discussion so as to obtain concrete results.

Finally the instructor will try to draw together the principal themes, questions

and conclusions of the activity. There is no pre-established way of doing this.You can summarise the discussion verbally, or the instructor can put the

i i l l i f th di i th b d fli h t

Annex 1 Part



Check list: the three stages

Annex 1 Part

INTRODUCTION

Links How is this activity linked to the teaching unit?

Goals Explain them clearly to participants.

What to do? Make sure that participants have understood what is

expected of them.Time limits Establish time limits for group work.

Groups Divide the course into small work groups.

ACTIVITY

Monitoring Check the progress of the small groups

Assistance Help the groups in their work if they are having

difficulty or if they need guidance.

Clarification Deal with any questions asked by the groups.

Changes Identify all the changes you wish to make in the

formation of the groups for the next activity.

PROGRESS REPORT

Progress reports Decide how you will organise the presentation ofprogress reports.

Discussion Decide when you will open the discussion



Part

Description of a model training programme

Annex 2



Part

Reference data

Title: Trade union training programme on international

labour standards

Language of the course: English

Participants: ........

Duration: ........

Location: ........

Funding: ........

Annex 2



Part

1. GENERAL INFORMATIONTraining is one of the basic functions of a trade union organisation. The

training of trade union members and staff is necessary to reinforce the

organisation and functions of the union. The involvement of trade union

organisations in an increasing number of activities at national and international

level in particular requires training activities for members and officials to be

expanded.

This trade union training programme on international labour standards is

designed to support the unions in the field of trade union training so as to leadto an increase in the number of militants and to improve the activities of the

organisation in areas such as collective bargaining and the capacity to

represent workers and to defend their interests and rights.

The course focuses on the training needs of trade union organisations in

relation to international labour standards. The principal long-term objective of

the course is to support/create a specialised trade union structure responsible

in this specific field for dealing with legal questions at national/internationallevel, and for playing a significant role in the national and international

regulation of labour.

The different parts of the programme are designed to promote and reinforce

international labour standards. Throughout the course participants will be

encouraged to discuss and analyse international labour standards so as to

respond to new training needs in this field.

2. DEVELOPMENT OBJECTIVES

This training activity has been introduced in the Workers’ Education

Annex 2



Part

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

produce teaching aids/training guides in this area;

• to produce training materials and individual action plans for implementing a

project at national level.

4. CONTENTS OF THE COURSE

The content will be structured as follows:

• Presentation of reports by country and comparative analysis at sub-regional/regional level

- The national context in which the trade union functions.

- The structure, organisation and priority policies of the trade union.

- The structure and training programmes organised by the trade union

and the role of international labour standards in training courses.

- The use of ILO documentation at the level of the trade union group (e.g.,

Committee of Experts’ report on the application of standards).

- Problems in the area of freedom of association, industrial relations,relations with government and entrepreneurs.

- Problems in the area of conditions of employment, working conditions

and hygiene and safety.

- The Tripartite Commission for matters relating to the ILO and


• The ILO and standard setting:

- Origins and history

- The structure of the ILO

- The principle of tripartism

Annex 2

2



Part

• Application of standards : supervision and assistance

- Government reports

- Comments of trade union organisations

- Committee of Experts

- Conference Committee on the Application of Standards

- Assistance to Member States

• Representations and complaints

• Protecting freedom of association and trade union rights:

- The Fact-Finding and Conciliation Commission on Freedom of

Association.

- The Governing Body Committee on Freedom of Association

• Influence of international labour standards

- Effect of ratifications

- Effect and effectiveness of international labour standards

• New information technologies and trade union activities.

• Methodology for preparing an action plan/project:

- Definition of development/immediate objectives

- Inputs - activities - outputs

- Budget

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

Annex 2

3



Part

Material required

The following material should be available to trainers:

• Blackboard

• Flip chart

• OHP

• Screen

• Spare OHP lamps

• Photocopying machine

If there is no OHP the text of transparencies will be copied onto the board or

photocopies will be made and given to participants.

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

1. Use of CD-ROM requires a PC running Windows, Unix or Mac OS, with at

least a VGA screen (256 colours), 12 Megabytes RAM, and a CD-ROM player.

2. A certain number of peripherals are also recommended:

to print documents:

Annex 3

4



Part

Laborlex the standards information system

The standards policy and information service of the International Labour

Standards Department is responsible for co-ordinating the standards policy of

the ILO and for providing legal information to support the system of

supervising and applying standards by Member States. This service has set

up a standards information system which offers national administrations and

employers’ and workers’ organisations a legal information centre,

computerised databases and research and documentation services.

At the request of members the service has implemented activities especiallydesigned for workers’ organisations with the aim of supplying them with

computer tools on international labour standards and labour legislation. These

tools allow officials to monitor the development of the ILO standards policy.

Activities in the area of standards and information include the dissemination of

information, training programmes and the installation of computerised

documentation systems in developing countries.

Two databases are currently available and are gradually being distributedthrough the Ministries of Labour and employers’ and workers’ organisations:

Annex 4

4



Part

- the texts of ILO Conventions and Recommendations

- the reports of the bodies supervising the application of standards

- the texts of national laws and regulations on work and social security

- teaching publications, articles and documents

For further information please contact:

LABORLEX

NORMES - ILO 4, route des Morillons - CH-1211 Geneva 22 (Switzerland)

Tel. 41 22 799 7149

Fax 41 22 798 8685.

email: [email protected]

Annex 4




2

Geneva


2Opening of thecourse, presentation of

participants and definitionof objectives



2

Part

Contents

34 Objectives

35 Proposed training strategy

37 Opening of the course, presentation of participants and

definition of objectives (activities)

1. Personal presentation and definition of objectives

2. Welcoming a new participant

3. Questionnaire for participants

4. Presentation and comparative analysis of individual reports

5. Course meetings: daily assessment and/or assessment of the teaching unit



ObjectivesAt the end of part two participants will be able to reach agreement with

the trainer and the group as a whole on the training needs/objectives

the course should meet and to create a psychological attitude and

environment fostering the progress of the course.

Participants will in particular be able to:

Get to know each other

Adopt the objectives of the course, in co-operation with the trainer

Discuss their individual needs/objectives with the trainer

Develop a comparative analysis of the trade union context in which

they work

Plan the organisation and supervision of the courses (teaching units),

in co-operation with the trainer.

Specific objectives

General objective

Part



Proposed training strategy

Part

SEQUENCES TEACHING TEACHING TIMEMETHODS MATERIAL

1Official opening and 30 mnintroduction to the course

2Present the general objective Presentation Flip chart 10 mn

and the specific objectives ofpart 2: “Opening of the course,

presentation of participants anddefinition of objectives”

3Present and hand out activity Work group Flip chart 90 mn

No. 1: “Personal presentation anddefinition of objectives”

A i i 1



Personal presentation and definition of objectives Approximate time: 90 min.

After the course has been officially opened and the training programme

has been presented you will be split into pairs. You must interview

your colleague using the following questions for reference.

Take notes on your colleague’s answers and be prepared to present the

information to the whole group.

This activity is designed to:• Begin a process of effective contact with the other members of the

group.

• Allow each member of the group to participate immediately in the

active learning process.

• Make participants aware of the importance of the skill of listening.

• Make it possible to recognise immediately the similarities and

contrasts in the experience participants bring to the course.

Li k h l bj i f h i di id l h

1 Introduction

Activity 1 Part

A ti it 1



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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Activity 1 Part

A ti it 2



Welcoming a new participant Approximate time: 60 min

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

join the group late.

For this activity you will be split into small groups of three or four people.

You will be asked to fully inform a participant who has just joined the

course and who has missed the first group sessions and activities.

This activity is designed to:

• Help a new participant to integrate into the activities planned in

the syllabus.

• Expand your capacity to communicate.• Apply trade union practices, such as the issuing of instructions

and the progress report, to trade union training.

Stage 1 (20 minutes):

Ask your partner the questions in activity n°1. Appoint a member of

your group who must give the new arrival’s answers to the group as awhole (the trainer will provide the opportunity to do this later in the

2 Content

1 Introduction

Activity 2 Part

A ti it 3



Questionnaire for participants Approximate time: 30 min

For this activity you will be asked to answer individually a

questionnaire designed to obtain information on your background and

your experience in relation to the course. The information you provide

will be treated in confidence. An example of the questionnaire is

attached.


• define precisely the profile of each participant.

• help define the needs of each participant in relation to the course.

Complete the attached questionnaire. This should take 30 minutes.

Give the completed questionnaire to your instructor. If any points cause

difficulty, consult the instructor.

The trainer can meet each course participant at the end of the day for

an individual interview so as to expand the information presented in3 Progress report

2 Content

1 Introduction

Activity 3 Part

Activity 3



Questionnaire for participants 1. Family name: ........................................................................................................................................................

2. Given name:...........................................................................................................................................................

3. Name you prefer to be called:...........................................................................................................

4. Date of birth: .........................................................................................................................................................

5. Age: ..................................................................................................................................................................................

6. Sex: ...................................................................................................................................................................................

7. Nationality:..............................................................................................................................................................

8. Home address: .....................................................................................................................................................

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

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

9. Telephone / fax nº: .........................................................................................................................................

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

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

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

11. Telephone / fax / E-Mail Nº: ...............................................................................................................

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

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

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

Complete the following table:EDUCATION First Last Name of MainB Education

A Personal details

Activity 3 Part

Activity 3



1. Name of your trade union group:....................................................................................................................................................................................................

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

2. Name of your trade union:

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

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

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

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

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

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

union federation?

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

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

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

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

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

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

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

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

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

ti i t d

D Trade union experience

Activity 3 Part

Activity 3



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

organiser or trainer?

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

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

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

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

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

standards and/or “national and international legal matters”?

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

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

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

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

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

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

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

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

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

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

Activity 3 Part

Activity 4 P t



Presentation and comparative analysis of

individual reports Approximate time: 6 h

Before taking part in the course you will have been asked to prepare a

national report following certain guidelines. Most participants should be

in possession of this report, even if only in draft form. The reports arean important reference for preparing courses both for participants and

instructors so that they can reflect fully on the individual and collective

needs of participants. Without a knowledge of the political, economic

and social situation of your trade union organisation it is difficult to

adapt the course to your real needs.


• give an overview of your organisation to the other participants• explain the functioning of your trade union organisation and present

1 Introduction

Activity 4 Part

Activity 4 P t



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

problems in relation to freedom of association, industrial relations

and relations with the government and employers.

6. Description of the principal problems in relation to conditions of

employment and work, and hygiene and safety.

7. Mention whether there is a national tripartite commission for ILO

questions and international labour standards and whether trade

unions participate in the standards procedure.

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

Your instructor may give you some clarification of the 7 points asked

for in the report.

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

After the introduction participants will be split into pairs to correct and

modify the reports prepared. The objective of stage 2 is to improve thedocuments and create some homogeneity between the different reports.

This will allow participants to help each other in the final preparation

of group or sub-regional reports.

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

Each participant should make the necessary changes to their report,

following which it can be typed and copied.

Activity 4 Part

Activity 5 P t



Course meetings: daily assessment and/or assessment of theteaching unit Approximate time: 30 min

For this activity you will be split into small groups to examine the waythe members of the course can collectively review the daily activities.


• Examine the role of the course meetings;

• Concentrate on how to organise the course meetings.

• Provide a tool for assessing the teaching units

You are asked to organise a short course meeting at the end of each day

( h t hi it)2 Content

1 Introduction

Activity 5 Part




3International Training Centreof the ILO - Turin

3The ILO and standard setting

Part



3

Part

Contents

50 Objectives


53 The ILO and standard setting

1. Origin and history

2. Structure of the ILO

a. The Conference

b. The Governing Body

c. The International Labour Office (ILO)

d. The International Training Centre of the ILO in Turin

e. Other ILO bodies

3. Tripartism

4. Means of action

5. The ILO, a United Nations specialised institution

Part



ObjectivesAt the end of part 3 participants will be able to enhance the participation

of trade union organisations in tripartite system of the ILO.


identify the originality and specific characteristics of the ILO in

relation to other United Nations specialised agencies;

describe the basic principles on which the ILO is founded;

identify the structure, framework and terms of reference of the ILO;

identify the structures responsible for supporting workers’ activitiesat international, regional and national level in the International

Labour Office;

locate the place and role of trade union organisations in supporting

tripartism.

Specific objectives

General objective

Part

Part




Part


1Present the general objective and Presentation Flip chart 10 min.

the specific objectives of part 3:“The ILO and standard setting”

2 Use the video programme: Projection Projector and 10 min.

“A Workers’ World”, (if available screenfrom the ILO Geneva)

3 Present the teaching unit: Presentation 30 min.

Origin and history and discussion TR 1 2 3 Structure of the ILO: TR 4

- The Conference- The Governing Body- The Office

- Decentralised structure TR 5The ILO Centre in Turin

Part



The ILO and standard setting

The originality and specific characteristics of the International

Labour Organisation arise from the fact that it is the only worldwideorganisation founded on a tripartite structure involving governments,

employers and workers. It strives to promote social justice and better

living and working conditions throughout the world on which

universal and lasting peace can be established. Recognition of the need

to protect the basic rights of all workers, to build a humane society and

to avoid all negative forms of international competition was the corner-

stone of the creation of the ILO.

Part

Part



In Philadelphia in 1944 the ILO Conference reasserted and

specified the Organisation’s goals and objectives in what has becomeknown as the “Declaration of Philadelphia”, a text which was

subsequently incorporated into the Constitution of the ILO.

This text recalls the basic principles on which the ILO is founded. i.e.:

labour is not a commodity;

freedom of expression and of association are essential to

sustained progress;

poverty anywhere constitutes a danger to prosperity

everywhere;

the war against want requires to be carried on with unrelenting

vigour within each nation, and by continuous and concerted

international effort in which the representatives of workers and

employers, enjoying equal status with those of governments,

join with them in free discussion and democratic decision with

a view to the promotion of the common welfare.

The Declaration then states what the goal and criteria of the

national and international policies and measures should be.

Structure of the ILOThe International Labour Organisation is composed of: a general

bl h i l b f h h

Structure of the ILO

Declaration of

Philadelphia(TR 3.3)

Part

abour is not a commodity

reedom of expressionand of association are essential to sustained progress

Declaration of Philadelphia (1944)

overty anywhere constitutes adanger to prosperity everywhere

he war against want requires to be carried on with unrelenting vigour withineach nation, and by continuous and concerted international effort in which the representatives of workers and employers,enjoying equal status with those of

governm ents, join with them in free discussion and democratic decision with aview to the promotion of the commonwelfare.

F

P

T

Part



Four major international trade union organisations, namely: the

International Confederation of Free Trade Unions (ICFTU), the WorldConfederation of Labour (WCL), the World Federation of Trade Unions

(WFTU) and the African Trade Union Unity (OATUU), have full

consultative status with the ILO. This means that they have the right to

attend, but not to vote at, any conference or meeting of any body of

the ILO. These organisations have an important advisory role to play in

all ILO bodies, particularly through the Workers’ Group, and also co-

ordinate their activities within the ILO.

The Governing BodyThe Governing Body, whose members are elected every three

years at the Conference, normally meets three times a year. It draws up

the agenda for the Conference and the other ILO meetings, takes note

of their decisions and decides on the consequent action to be taken. Itappoints the Director-General and directs the activities of the

International Labour Office.

Like the Conference, the Governing Body is tripartite and is

currently composed of 56 full members (10 of whom are permanent

because of their industrial importance), 28 representing governments,

14 representing workers and 14 representing employers. Of the 28

government seats, 10 are held “by the States of chief industrial

importance”. The other 18 States are elected by the government

The Governing Body

Part



Part



Other ILO bodiesThe structure of the ILO also involves regional conferences.

Representatives of governments, employers and workers in a specific

region meet to study questions within the competence of the ILO of

particular interest to that region.

There are also several other bodies responsible for various matters.

The Joint Maritime Commission is a bipartite body (composed of

shipowners’ and seafarers’ representatives) which among other things

studies the working conditions of seafarers and prepares the specialsessions of the International Labour Conference devoted to maritime

questions.

The Joint Committee on the Public Service is also a bipartite body

(composed of representatives of governments and civil service trade

unions).

Various committees deal with specialised subjects, such as social

security, rural development and occupational health and safety. Theyadvise the Governing Body on the questions referred to them.

TripartismThe great strength of the International Labour Organisation

derives from the manner in which the tripartite system enables thei f k d l i i l

The principle of

tripartism(TR 3 7)

Other ILO bodies

(TR 3.6)

egional Meetings

oint Maritime Commission (bipartite)

oint Committee on the Public Service (bipartite)

dvisory Committee on Salaried Employees and Professional W orkers

egional and Technical Meetings

Other ILO bodies

RR

RR

A A

J J

J J

Part



equality of opportunity and treatment, human resource development,

working and living conditions, the abolition of child labour, socialsecurity, safety and hygiene at work, labour administration, industrial

relations, etc.. Many of the standards concern fishermen, dockers and

other seafarers. The standards as a whole represent an outline of social

and labour policy drawn up at international level. The ILO Conference

is a world forum in which governments, employers and workers discuss

the principal problems of the world of labour and prepare instruments

to confront them, namely by means of international labour standards.

Technical co-operationIn social policy the ILO plays an active role in international

technical co-operation. The work it undertakes is essentially aimed at

supporting the standard-setting work of the Organisation. Technical co-

operation develops in accordance with the new problems thatcontinually arise from technical, economic and social development in

the world of labour.

The ILO, a United Nations specialised

institution

Activity 1 Part



The ILO and its structure Approximate time: 60 min


present the ILO and its structure and the trade union world’s

perception of this organisation;

assess the place and role of international trade union organisations

in the tripartite structure of the ILO.

Form small work groups. Each group should discuss the following

points:

the perception the participants’ trade union organisations have of

the ILO;

the presence of trade union organisations in the structure of the ILO.

You have 60 minutes to prepare your arguments.

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

points can be presented on a visual aid.The trainer will facilitate a general discussion based on each groups’

3Progressreport

2 Content

1 Introduction

Activity 1

Activity 2 Part



The ILO and tripartism Approximate time: 180 min


consolidate the concept of social dialogue and tripartism;

reinforce the practice of social dialogue and tripartite participation in

ILO activities.

Option 1: participants from different countries

a) Each participant is asked to present (round the table) the practice of

social dialogue in their own country.

b) On the basis of the information provided, form two work groups:

the first will consist of countries without an institutional structure

responsible for social dialogue;

the second will consist of countries with an institutional structure

responsible for social dialogue

c) The two groups will work as trade union committees responsible for

preparing a trade union strategy seeking to set up and/or reinforcei l di l

2 Content

1 Introduction

Activity 2

Part



List of supporting material TR No. 3.1: The founding of the ILO

TR No. 3.2: Scope of the ILO

TR No. 3.3: Declaration of Philadelphia

TR No. 3.4: Structure of the ILO: principal bodiesTR No. 3.5: The decentralised structure of the ILO

TR No. 3.6: Other ILO bodies

TR No. 3.7 Tripartite structure of the ILO

TR No. 3.8: Means of action

TR No. 3.9: The ILO and the United Nations system

No. 1 The ILO and its structure

No. 2 The ILO and tripartism

Annexes to this teaching unit:

Description of the video programme.

List of ILO offices.

Supporting

documents

Activities

Visual aids

Annex 1 Part



VIDEO “A Workers’ World”duration: 39 min.

This video comprises two sections that will be used separately according tothe objectives to be established.

Part three: International labour standards

An overview is given of the ILO’s activities in relation to standard setting, and

the distinction between Conventions and Recommendations is explained. The

main characteristics of international labour standards, their general content

and the procedure leading to their adoption are also described. Issues

concerning the ratification of Conventions and the obligation on Member

States to ensure that they are applied at national level are also dealt with, as

are problems relating to the measures designed to ensure such application.

Part four: the war against poverty

Annex 1

Annex 2 Part



The world network of offices ILO List of addresses

Headquarters

International Labour Office4, route des Morillons

CH- Geneva 22 - Suisse

Tel: (41 22) 799 61 11 Fax: (41 22) 798 86 85 Télex: 045/ 41 56 47

Africa

ILO Regional Office for AfricaBoulevard Lagunaire, Commune du Plateau

01 B.P.3960 - Abidjan 01 - Côte d’Ivoire

Tel: (225) 21 26 39 fax: 21 28 80 telex: 0983/22657

G EOGRAPHICAL AREA

Africa (through the offices of the ILO)BeninBurkina Faso

Côte d’IvoireNiger

Annex 2

Annex 2 Part



Democratic ILO Office in Kinshasa

Republic Building de la 2ème République - Boulevard du 30 Juin - BP n°7248 - Kinshasaof the Congo Tel: (243 12) 334 07 fax: (1212) 376 95 24 (ILO Office) telex: 0982/21432

G EOGRAPHICAL AREA

BurundiCongoDemocratic Republic of the CongoRwanda

Egypt ILO Office in Cairo9, Dr. Taha Hussein Street - 11561 Zamalek - Cairo

Tel: (202) 341 92 90 fax: 341 08 89 telex: 091/94269

G EOGRAPHICAL AREA

EgyptSudan

Ethiopia ILO Office in Addis AbabaP O. Box 2788 - Addis Ababa

Tel: (2511) 51 73 20 fax: 51 36 33 telex: 0980/21076

G EOGRAPHICAL AREA

DjiboutiEritreaEthiopia

Annex 2 Part



Nigeria ILO Office in Lagos

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

G EOGRAPHICAL AREA

GhanaNigeria

Senegal ILO Office in Dakar2, rue El Hadj Amadou Assane N’Doye - B.P n°414 - Dakar

Tel: (221) 823 59 75 fax: 823 68 74 telex: 0906/218 21

G EOGRAPHICAL AREA

Cape VerdeGambiaGuineaGuinea-BissauLiberia

MaliMauritaniaSenegalSierra Leone

South Africa ILO Office in PretoriaProvisus Building - 5th floor - 523 Church Street - P.O. Box 40254 - Arcadia 0007 - Pretoria

Tel: (2712) 341 21 70 fax: 341 21 59

G EOGRAPHICAL AREA

Annex 2 Part



Latin AmericaILO Regional Office for Latin America and the CaribbeanLas Flores 295, San Isidro - Ap.postal 3638 - Lima 1 - Peru

Tel: (5114) 421 52 86 fax: 421 52 92

G EOGRAPHICAL AREA

Latin America and the Caribbean (through the offices of the ILO)BoliviaChileColombiaEcuadorPeruVenezuela

Argentina ILO Office in Buenos AiresAvenida Cordoba 950, - Piso 13 y 14 - 1054 Buenos Aires

Tel: (541) 393 70 76 fax: 393 70 62

G EOGRAPHICAL AREA

ArgentinaParaguayUruguay

Brazil ILO Office in BrasiliaSen Lote 35 - Brasilia - DF 70800-400

Tel: (5561)225 80 15 fax: 322 43 52

Annex 2 Part



Trinidad ILO Caribbean Office in Port-of-Spain

and Tobago 11, St Clair Avenue - PO Box 1201 - Port-of-SpainTel: (1809) 628 14 53 fax: 628 24 33 telex: 0294/22626

G EOGRAPHICAL AREA

AnguillaAntigua and BarbudaArubaBahamasBarbadosBelize

BermudaBritish Virgin IslandsCayman IslandsDominicaGrenadaGuyanaJamaicaMontserratNetherlands AntillesSaint Kitts and Nevis

Saint LuciaSaint Vincent and the GrenadinesSurinameTrinidad and TobagoTurks and Caicos Islands

Uruguay Centro Interamericano de Investigacióny Documentación sobre Formación Profesional (CINTERFOR/OIT)

[Inter-American Research and Documentation Centre on Vocational Training]C C

Annex 2 Part



Bangladesh ILO Office in Dhaka

PO Box 2061 - Ramna - DhakaTel: (8802) 911 28 36 fax: 81 42 11

G EOGRAPHICAL AREA

Bangladesh

China ILO Office in Beijing1-11-2 Tayuan Diplomatic - Office Building - 100600 Beijing

Tel: (8610) 65 32 50 91 fax: 65 32 14 20

G EOGRAPHICAL AREA

ChinaMongolia

Fiji ILO Office in SuvaPO Box 14500 - Suva

Tel: (679)31 38 66 fax: 30 02 48

G EOGRAPHICAL AREA

American SamoaCook IslandsFijiFrench PolynesiaGuamKiribatiMarshall Islands

MicronesiaNauru

Annex 2 Part



Japan ILO Branch Office in Tokyo

8th floor - United Nations University - Headquarters Bldg.53-70Jingumae 5-chome, Shibuya-ku - Tokyo 150

Tel: (813)54 67 27 01 fax: 54 67 27 00 telex: 072/25442

G EOGRAPHICAL AREA

Japan

Nepal ILO Activities for Nepal

P.O. Box 8971 - KathmanduTel: (977 1) 52 85 14 fax: 53 59 33

G EOGRAPHICAL AREA

Nepal

Pakistan ILO Office in Islamabad58, Khayabane Iqbal, - F 8/2, - P.O. Box 1047 - Islamabad

Tel: (92 51) 25 59 50 fax: 85 92 78 telex: 082/ 54271

G EOGRAPHICAL AREA

AfghanistanPakistan

Philippines ILO Office in ManilaMCPO Box 4959 - Makati Central Post Office - 1289 Makati City - Street address:

NEDA Building - 106 Amorsolo Street - Legaspi Village - Makati CityT l (632) 815 23 54 f 812 61 43 t l 075/222 76

Annex 2 Part



Bosnia and HerzegovinaBulgaria (through the Sofia correspondent)CroatiaCyprusCzech RepublicDenmarkEstonia (through the Tallinn correspondent)FinlandFrance (through the Paris Office)Georgia (through the Moscow Office)Germany (through the Bonn Office)Greece

Hungary (through the Budapest correspondent)IcelandIreland (through the London Office)IsraelItaly (through the Rome Office)Kazakhstan (through the regional advisor for Central Asia)Kyrgyzstan (through the regional advisor for Central Asia)Latvia (through the Riga correspondent)LithuaniaLuxembourg (through the Brussels Office)

MaltaMoldova, Republic ofNetherlands (through the Brussels Office)NorwayPoland (through the Moscow Office)PortugalRomania (through the Bucharest correspondent)Russian Federation (through the Moscow Office)San Marino (through the Rome Office)Slovakia (through the Bratislava correspondent)

SloveniaSpain (through the Madrid Office)

Annex 2 Part



Spain ILO Branch Office in Madrid

c/ Alberto Aguilera - 15 Depto, 1 - S - 28015 MadridTel: (341) 548 20 66 fax: 547 44 22

G EOGRAPHICAL AREA

Spain

Russian ILO Branch Office in MoscowFederation Petrovska 15, Apt. 23, - 103 031 Moskva - Russian Federation

Tel. (7095) 925 50 25 fax: 956 36 49

G EOGRAPHICAL AREA

ArmeniaBelarusGeorgiaRussian Federation

France ILO Branch Office in Paris1, rue Miollis - F - 75732 Paris Cédex 15

Tel: (331) 45 68 32 50 fax: 45 67 20 04

G EOGRAPHICAL AREA

France

Italy International Labour Office in ItalyVill Ald b di i Vi P i 28 I 00184 R

Annex 2 Part



United States and CanadaUnited States ILO Branch Office in Washington

1828 L Street, N.W. - Suite 801 - Washington, D.C.20036

Tel: (12 02) 653 76 52 fax: 653 76 87

ILO Liaison Office with the United Nations220 East 42nd Street, Suite 3101 - New York, N.Y.10017-5806

Tel: (1 212) 697 01 50 fax: 883 08 44

Middle EastILO Regional Office for Arab StatesP.O. Box 11-4088 - Beirut - Lebanon

Tel: (+96.11) 34.15.76 fax: 37.15.73

G EOGRAPHICAL AREA

BahrainIraqJordanKuwaitLebanonOmanQatarSaudi ArabiaSyrian Arab RepublicUnited Arab Emirates

West Bank and GazaYemen

Annex 3 Part



ILO multidisciplinary advisory teams

Equipe consultative multidisciplinaire pour l’Afrique centrale et l’Afrique de l’ouest

OIT/EMACO - 01 - BP 3960 - Abidjan 01 - Côte d’Ivoire Tél: (225) 21 26 39 Fax: 21 28 80 Télex: 0983/226 57

East Africa Multidisciplinary Advisory TeamILO/EAMAT - PO Box 2532 - Addis Ababa - Ethiopie Tél: (25 11) 51 03 46 Fax: 51 36 33 Télex: 0980/210 76

Equipe consultative multidisciplinaire pour les pays de l’Afrique SahelienneOIT/EMAS - BP 414 - Dakar - Sénégal Tél: (221) 822 16 33 Fax: 821 09 56 Télex: 0906/218 21

Equipe multidisciplinaire pour l’Afrique Centrale

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

Northern Africa Multidisciplinary Advisory TeamILO/NAMAT - 9, Taha Hussein St., 11561 Zamalek - Cairo - Egypt Tél: (202) 341 92 90 Fax: 341 08 89

Southern Africa Multidisciplinary Advisory TeamILO/SAMAT - PO Box 210 - Harare - Zimbabwe Tél: (26 34) 78 17 61 Fax: 75 93 73 Télex: 0907/262 08

Equipe consultative multidisciplinaire pour les Etats Arabes

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





33 Transparencies


Part



Founding of the International Labour Organisation

Part



ILO Constitution

W O R K

E R S

GO VERNME NT E M P L O Y E R S

BETTER WORKING CONDITIONS

SOCIAL JUSTICE

STANDARD

SETTING

TECHNICAL

CO-OPERATION

Part



abour is not a commodity

reedom of expressionand of association are essentialto sustained progress

Declaration of Philadelphia (1944)

overty anywhere constitutes adanger to prosperity everywhere

F

P

Part



Structure of the ILO: principal bodies

INTERNATIONAL LABOUR CONFERENCE

Part



Decentralised structure of the ILO

Regional office

Area office

Liaison office

Multidisciplinary advisory team

Latin America Africa

Argentina

Brazil

Chile

Costa Rica

Mexico

Peru

Trinidad and Tobago

Uruguay

Algeria

Cameroon

Côte d’Ivoire

D. R. Congo

Egypt

Ethiopia

Madagascar

Nigeria

SenegalSouth Africa

North America

Canada

United States

Part



egional Meetings

dvisory Committee on SalariedEmployees and Professional Workers

egional and Technical Meetings

Other ILO bodies

RR

RR

AA

Part



Tripartite structure of the ILO

E M P L O Y E RS W O R

K E R

SILO

G O VERNMEN T S

ILO

Part



Means of action

Setting of international

labour standards

Adoption by the Conference

Supervision of application by MemberStates

I. STANDARD SETTING

Part



The ILO and the United Nations system

SPECIALIZED INSTITUTIONS

UNESCO

UNICEF

UNDP

WHO

IBRD

IMF

United Nations Educational, Scientific and Cultural Organisation

United Nations Children’s Fund

United Nations Development Programme

World Health Organisation

International Bank for Reconstruction and Development (World Bank)

International Monetary Fund

International Labour Organisation

United Nations Food and Agriculture Organisation

ILO

FAO





44 Characteristics of International Labour Standards

Part



4Contents

98 Objectives


101 Characteristics of international labour standards

1. International labour standards and their effect

2. Characteristics of standards

3. Standards and tripartism

4. Classification of standards

105 Activity

1. Characteristics of international labour standards

107 List of supporting material

Part



ObjectivesAt the end of part four participants will be able to analyse and describe

the principal characteristics of international labour standards.


establish the difference between a Convention and a

Recommendation;

identify other instruments forming the social policy guidelines

supplementing international labour standards;

explain the practical effect of standards;

identify the principal characteristics of international labourstandards;

distinguish between promotional and technical standards;

relate tripartite participation and the application of standards at

national level;

classify international labour standards by subject.

Specific objectives

General objective

Part



Proposed training strategy SEQUENCES TEACHING TEACHING TIME

METHOD MATERIAL

1

Present the general objective Presentation Flip chart 10 mn

and the specific objectives of part 4:“Charcteristics of internationallabour standards”

2 Present the following points of Presentation and 60 mn

this teaching unit: discussion Conventions TR 1

Recommendations TR 1 Other instruments TR 2

The pratical effect of standards TR 3

The principal characteristics TR 4

of standards Promotional and technical TR 5

standards

Tripartite participation in the TR 6

Part



Characteristics of International Labour Standards

International labour standards andtheir effect The setting of international standards has been the principal

means of action of the International Labour Organisation since its

foundation in 1919. These standards take the form of Conventions or

Recommendations.

International labour standards are adopted by the International

Labour Conference

(TR 4.1)

System of international labour standards

INTERNATIONAL

LABOUR

STANDARDS

CONVENTIONS

When ratifiedthese are legally binding

RECOMMENDATIONS

General or technical guidelines

Not open

Part



International labour standards only include Conventions and

Recommendations. In addition to these standards, however, there is a

series of resolutions, declarations of conclusions or sets of practical

guidelines adopted either by the International Labour Conference or the

Governing Body, or by technical meetings such as meetings of the

industrial committees or meetings of experts. These texts do not take the

same form as the Conventions or Recommendations. A resolution of the

Conference on Civil Liberties and Trade Union Rights or a set of practical

guidelines on safety and hygiene in shipbuilding will not give rise to a

formal obligation for States. The texts constitute a huge body of socialpolicy guidelines and substantially supplement international labour

standards.

The system of international labour standards involving all

the Conventions and Recommendations is regularly updated by the

Conference by adopting new instruments and revising old ones.

The significance of international standards lies in their practicaleffect. On the one hand they reflect what is feasible at present, and on

the other they point the way towards economic and social progress, in

this case being referred to as “promotional instruments”. They are

debated and adopted at the Conference by the representatives of

governments, jointly with those of employers’ and workers’

organisations of ILO Member States, a procedure that leads to realistic

solutions for contemporary problems The standards influence

The practical effectof standards

(TR 4.3)

Other instruments

(TR 4.2)

Other instruments

Resolutions

Declarations

Conclusions

Sets of guidelines

The practical effect of standards

Reflectwhat is

feasible now

Point the waytowards economicand social progress

Realistic solution to current problems

Influence national legislation

National development

Preventthe adoptionof regressivenationallegislation(if ratified)

Part



Characteristics of standardsInternational labour standards are universal in nature and highly

flexible. On the one hand they set objectives for national policy and a

framework for international technical co-operation. On the other they

encourage tripartism, protect basic human rights and reflect a broad

universal consensus on how to regulate the new minimum protection

for workers acceptable in the international community as a whole.

Taken together they form a coherent system bringing specific technical

and social objectives into line. Because Conventions can be ratified one by one and because Recommendations contain non-binding guidelines,

the Member States (being sovereign) have room for manoeuvre with

respect to the legal undertakings they each feel they can assume and

eventually put into effect.

International labour standards are debated and adopted by delegates

from all over the world. Different national practice is taken into account in

preparing and framing them. They must be valid for countries with verydifferent social structures, from the least to the most industrially

developed, and they must be capable of attainment by such countries.

The bodies of the ILO have consistently opposed the idea of

having different standards for different regions or groups of countries,

and it has always been agreed to recognise that standards should be set

at world level, subject to the proviso that they are sufficiently flexible

and that they are designed to meet the needs of all Member States.

A di t th C tit ti f th ILO ( ti l 19 (3)) th h t

Universality andflexibility

The principalcharacteristics ofstandards

(TR 4.4)

Characteristics of standards

Standards are set

at world level and are valid

for countries with verydifferent social structures.

The standards are

set in a spirit of realism

and effectiveness.

UNIVERSALITY

FLEXIBILITY

Part



Standards and tripartismThe promotional Conventions in particular, but also a

considerable number of other instruments, especially those adopted in

recent years, contain many provisions requiring tripartite involvement

in their application at national level. The governments themselves are

requested to seek workers’ and employers’ participation.

By way of example, the application of the Convention (No. 131)

on minimum wage fixing, 1970, should be done in agreement with the

representative organisations of employers and workers concerned orafter consulting them; this Convention also provides for the direct

participation in its operation of representatives of the employers’ and

workers’ organisations concerned.

In general workers’ organisations have an active role to play in

the system of international labour standards, whether at international

or national level. The opportunities for workers’ organisations to

participate are varied and bear considerable weight in governmentdecisions.

The advisory role of workers’ organisations contributes to the

tripartite equilibrium marking the originality and effectiveness of the ILO.

Cl ifi ti f t d d

Opportunities forworkers toparticipate in theapplication of

standards(TR 4.7)

Tripartiteparticipation inapplying standards

(TR 4.6)

Tripartite participation in the application of standards

INTERNATIONAL LABOUR CONVENTION

APPLICATION AT NATIONAL LEVEL(legislation and practice)

W O R K

E R

S E M

P

L O Y E R

S

G O VERN M E N T S

Opportunities for workers to participate in the application of standards

can correct or improve application by making repres entationsand complaints within the framework

of the ILO supervisory system

are consulted by the governmentin the circumstances set down in the Conventions

in the framework of the application of Convention No. 144

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

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

on government reports concerning:- submission

- application of ratified Conventions- unratified Conventions and Recommendations

can propose technical assistance by the ILO

to overcome obstacles in application

WORKERS’ ORGANISATIONS

Activity 1 Part



Characteristics of international labour standards Approximate time: 90 min

The characteristics of international labour standards are universality,

adaptability and flexibility. This is because in setting a standard the

International Labour Conference must take account of the very

different economic situations of countries. The standards may also takethe form of technical and/or promotional Conventions.

The aim of this activity is:

• to analyse the characteristics of international labour standards.

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

Form small work groups As a trade union committee responsible for2 Content

1 Introduction

Part



List of supporting material TR No. 4.1: International labour standards

TR No. 4.2: Other instruments

TR No. 4.3: The practical effect of standards

TR No. 4.4: Characteristics of standardsTR No. 4.5: Promotional standards and technical standards

TR No. 4.6: Tripartite participation in the application of standards

TR No. 4.7: Workers’ participation in the application of standards

TR No. 4.8: Classification of standards

No. 1: Characteristics of international labour standards.

Contained in the pack:

International labour standards, Workers’ Education Manual, chapter 3

Handbook of procedures relating to international labour

Supporting documents

Activities

Visual aids



5

Part



5Contents

131 Objectives


135 Purpose and content of standards

137 1. BASIC HUMAN RIGHTS

a. Freedom of association

b. Prohibition of forced labour

c. Equality of opportunity and treatmentd. Minimum working age

153 2. EMPLOYMENT

a. Employment policy

b. Employment services and agencies

c. Vocational guidance and training

d. Rehabilitation and employment of disabled persons

e Employment security

5

Part

207



5207 7. SOCIAL SECURITY

213 8. EMPLOYMENT OF WOMEN a. Maternity protection

b. Night work

c. Underground work

218 9. EMPLOYMENT OF CHILDREN AND YOUNG PERSONS

a. Night work

b. Medical examination

223 10.OLDER WORKERS

224 11. MIGRANT WORKERS

228 12.INDIGENOUS AND TRIBAL PEOPLES AND WORKERS IN NON-

METROPOLITAN TERRITORIES

230 13.OTHER SPECIAL CATEGORIES

a. Seafarers

b. Fishermen

c. Dock workers

d. Plantation workers, tenants and sharecroppers

e. Service personnel

239 Activities

1 Conventions Nos 87 and 98

Part



ObjectivesAt the end of part five, participants will be able to use international

labour standards in trade union practice.


classify the principal ILO Conventions and Recommendations by

subject and objectives;

identify the content of the main international labour standards by

subject;

display a particular knowledge of the principles underlying thestandards concerning basic human rights;

assist in drawing up national labour legislation in line with the

Conventions and Recommendations of the ILO.

Specific objectives

General objective

Part



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

by-case basis. The trainer may decide, with due regard to both thecomposition and the orientation of the group being addressed, to deal

only with standards of particular interest to participants or to highlight

certain standards. He/she is advised to display the transparencies for

two to five minutes each.

The time to devote to Part 5 thus depends on participant interest.

If you wish to emphasize a Convention for which no exercise has been

devised, you may devise your own, following the approach in the exercisesprovided.

If you need to go more deeply into any matter, you may allocate more

time to it.

To ensure a more knowledgeable discussion of the content of the

standards, we suggest that you have participants read the full texts of

Conventions and Recommendations the evening before they are to

discuss them.

The summaries of the Conventions and Recommendations provided

here are not a substitute for consulting or reading the full text of the

standards.

The standards are grouped by subject. However, only those standards

mentioned under each subject that are of greatest use and importance

to the user of the training guide are summarized. At times, a single

summary covers all standards concerning a single subject.

Preliminary observations on Part 5

Part



Proposed training strategySEQUENCES TEACHING TEACHING TIME

METHODS MATERIAL

1

Present the general objective and Presentation Flip chart 10 mn

the specific objectives of part 5:“Purpose and content of standards”

2 Present this teaching unit: Presentation 30 mn

Purpose of standards and discussion Basic human roghts TR 1

– Freeedom of association TR 2 3 4 5 6

– Prohibition of forced labour TR 7 – Equality of opportunity and TR 8 9 10

treatment – Minimum working TR 47

age Ratification of Conventions on TR 11

basic human rights

Part




6

Choose the relevant Conventions Presentation Flip chart andto present to target group, in transparenciesline with its professional and unioninterest, using the transparenciesprepared. Keep in mind the timeavailable. Choose among: Employment Social policy Labour administration

Industrial relations Conditions of work Social security Employment of women Employment of children

and young persons Older workers

Mi t k

Part



Purpose and content of

standards

The Preamble to the Constitution of the ILO ascribes the founding

of the Organization to three factors that provide the basic justification

for international legislative action on labour matters:

1. The fact that “universal and lasting peace can be established

only if it is based upon social justice.”

2. The fact that conditions of labour exist involving “injustice,

Purpose ofstandards

The need to prevent ecological catastrophes and to limit their

Part



p g p

harmful consequences. A good example is Convention No. 174,

of 1993, on the prevention of major industrial accidents,

minimizing the risk of major accidents and minimizing their

effects.

What we might call the “safety valve” argument. When a

country ratifies an ILO Convention, it undertakes to respect an

international treaty; if a government then introduces measures

incompatible with the provisions of a Convention it has

ratified, it thereby violates an international treaty.

In the following pages, we analyse the main Conventions and

Recommendations, classifying them as in the previous unit.

1 Basic human rights

Part



1. Basic human rightsOne of the ILO’s basic aims is to promote and protect basic human

rights in the workplace.

Respect for basic human rights is a sine qua non condition of

economic and social development, as well as of stability and sustained

progress.

The standards dealing with basic human rights lie at the heart of

those adopted by the International Labour Conference. The

Conventions on basic human rights have the highest ratification rates,and have helped greatly to promote such rights and to protect workers.

Here, we shall study Conventions concerning:

Freedom of association

Freedom of Association and Protection of the Right to Organize

Convention, 1948 (No. 87) Right to Organize and Collective Bargaining Convention, 1949

(No. 98)

Workers’ Representatives Convention, 1971 (No. 135)

Rural Workers’ Organizations Convention, 1975 (No. 141)

Labour Relations (Public Service) Convention, 1978 (No. 151)

C ll i B i i C i 1981 (N 154)

(TR 5.1)Standards concerning fundamental social rights

FREEDOM OFASSOCIATION

Freedomof Associationand Protection ofthe Right

to Organize, 1948

C.87

Right to Organize andCollective Bargaining, 1949

C.98

FREEDOM FROM FORCED LABOUR

Forced Labour, 1930

C.29

Abolition of Forced Labour, 1957

C.105

FREEDOM FROM DISCRIMINATION

Equal Remuneration, 1951

C.100

Discrimination (Employmentand Occupation), 1958

C.111

Most Intolerable Formsof Child Labour, 1999

C.182

MINIMUMAGE OF ADMISSIONTO EMPLOYMENT

Minimum Age, 1973

C.138

Freedom of association

Part



The first international convention to deal specifically withfreedom of association was the Right of Association (Agriculture)

Convention, 1921 (No. 11). In ratifying it, States undertook, “to secure

to all those engaged in agriculture the same rights of association and

combination as to industrial workers”. The aim was clearly to put right

an inequality.

It soon became apparent that freedom of association could only

effectively be guaranteed by a Convention that applied to all workers

and that set out their rights in precise terms. The inter-War years saw

several attempts to get a Convention adopted that would impose a

well-defined obligation to put into effect the principle of freedom of

association established in the ILO’s Constitution. The attempts failed.

After the second world war, workers’ organizations looked at the

question anew.

In June 1947, the question was examined by the International

Labour Conference, leading to the adoption of the Freedom ofAssociation and Protection of the Right to Organize Convention, 1948

(No. 87). It is a very good example of how a trade union initiative can

give rise to new labour standards.

N.B. Even if they have not ratified a Convention on the subject, States Members of the

ILO have a duty to observe the principle of freedom of association by virtue of

h i f l f h C i i f h ILO

First Convention onfreedom ofassociation

C ONVENTION N O . 87

Part



Freedom of association and protection of the right to organize, 1948

The right, freely exercised, of workers and employers, without

distinction, to organize for furthering and defending their interests.

Workers and employers, without distinction whatsoever1, have

the right to establish and to join organizations of their own choosing

with a view to furthering and defending their respective interests.

Such organizations have the right to draw up their ownconstitutions and rules, to elect their representatives in full freedom, to

organize their administration and activities and to formulate their

programmes. Public authorities shall refrain from any interference

which would restrict this right or impede the lawful exercise of this right.

The organizations shall not be liable to be dissolved or suspended

by administrative authority.

Organizations have the right to establish and join federations and

confederations which shall enjoy the same rights and guarantees. The

Convention also provides for the right to affiliate with international

organizations.

The acquisition of legal personality by all these organizations shall

not be subject to restrictive conditions.

In exercising the rights provided for in the Convention, employers

and workers and their respective organizations shall respect the law of

h l d h l f h l d d h i hi h i i li d

Summary of theprovisions

(TR 5.2)

Aim of the standard

C.87

The right, freelyexercised, of workersand employers,without distinction,to organize for furtheringand defendingtheir interests.

FREEDOM OF

ASSOCIATION AND

PROTECTION OF

THE RIGHT TO

ORGANIZE,

1948


Part



Right to organize and collective bargaining, 1949

Protection of workers who are exercising the right to organize;

non-interference between workers’ and employers’ organizations;

promotion of voluntary collective bargaining.

Workers shall enjoy adequate protection against acts of anti-union

discrimination.

They shall be protected more particularly against refusal toemploy them by reason of their trade union membership2, and against

dismissal or any other prejudice by reason of union membership or

participation in trade union activities.

Workers’ and employers’ organizations shall enjoy protection

against acts of interference by each other. This protection is extended

in particular against acts designed to promote the domination, the

financing or the control of workers’ organizations by employers or

employers’ organizations.

Machinery appropriate to national conditions shall be established,

where necessary, for the purpose of ensuring respect for the right to

organize as defined by the Convention.

Measures appropriate to national conditions shall be taken, where

necessary, to encourage and promote the development and utilisation

of voluntary collective bargaining to regulate terms and conditions of

l


(TR 5.3)

Aim of the standard

RIGHT TO ORGANIZE AND

COLLECTIVE BARGAINING,1949

C.98

Protection of workers who areexercising the right to organize

Non-interference betweenworkers’ organizationsand employers’ organizations

Promotion of voluntarycollective bargaining


Part



Workers’ representatives, 1971

Protection of workers’ representatives in the undertaking; facilities

to be afforded to them.

Workers’ representatives recognised as such under national law or

practice4 shall be protected against any prejudicial act, including

dismissal, based on their status. This protection covers their activities as

workers’ representatives, union membership or participation in unionactivities, in conformity with existing laws or collective agreements or

other jointly agreed arrangements.

They shall be afforded facilities in the undertaking to enable them

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

such facilities shall not impair the efficient operation of the

undertaking.

Effect may be given to the Convention through national laws or

regulations, collective agreements or in any other manner consistent

with national practice.


(TR 5.5)

Aim of the standard

C.135

WORKERS’

REPRESENTATIVES, 1971

Protection against any prejudicialact based on their status

Protection of their unionmembership and their participation in union activities

Facilities shall be affordedto enable them to carry outtheir functions


Part



Rural workers’ organizations, 1975

Freedom of association for rural workers; encouragement of their

organizations; their participation in economic and social development.

All persons working in agriculture5 have the right to establish and

to join organizations of their own choosing, which shall be independent

and voluntary in character and shall remain free from all interference,

coercion or regression.6

Regarding the exercise of this right while respecting the law of the

land and regarding the acquisition of legal personality by the

organizations concerned, the Convention reproduces the relevant

provisions of Convention No. 87.

National policy shall encourage rural workers’ organizations as an

effective means of ensuring these workers participation in economic

and social development and in the benefits which result, without

discrimination. States shall promote the widest possible understanding

of this policy.


(TR 5.4)

Aim of the standard

C.141

RURAL WORKERS’

ORGANIZATIONS,

1975

Freedom of association for rural workers

Encouragement of their organizations

Participation in economic and social development


L b l i ( bli i ) 9 8

Part



Labour relations (public service), 1978

Protection of public employees exercising the right to organize;

non-interference by public authorities; negotiation or participation in

the determination of terms and conditions of employment; guarantees

for settling disputes.

The Convention provides in terms analogous to those of

Convention No. 98 for public employees1

to enjoy adequate protectionagainst acts of anti-union discrimination.

Their organizations shall enjoy adequate protection against acts of

interference by a public authority in their establishment, functioning

and administration. Public employees’7 organizations shall enjoy

complete independence from public authorities.

Public employees shall have the same civil and political rights as

other workers which are essential to the normal exercise of freedom of

association, subject only to the obligations arising from their status and

the nature of their functions.

Facilities shall be afforded to the representatives of recognised

public employees’ organizations to enable them to carry out their

functions promptly and efficiently, both during and outside their hours

of work, without impairing the efficient operation of the administration

or service concerned.8


(TR 5.6)

Aim of the standard

C.151

LABOUR RELATIONS

(PUBLIC SERVICE), 1978

Protection of public employeesexercising the right to organize

Protection against any interferenceby public authorities

Enjoyment of civil and political rights

Encouragement and promotion ofnegotiation of conditions of employment

Prohibition of forced labour

Part



International action against forced labour has been the logical and

chronological successor to the fight against slavery, one of the very first

occasions on which the international community took action in the

humanitarian and social sphere.

Two ILO Conventions have dealt with the question of the

voluntary nature of work, namely Nos. 29 and 105.


Forced labour, 1930

Suppression of forced labour.

The fundamental commitment made by States ratifying the

Convention is to suppress the use of forced or compulsory labour in all

its forms in the shortest possible time.

A general definition of forced or compulsory labour is given, but

the Convention does not apply to five categories of work or compulsory

service, subject to certain conditions and guarantees. The five

categories are: compulsory military service; certain civic obligations;


Aim of the standard

(TR 5.7)

ABOLITION OF FORCED LABOUR, 1957

C.29

FORCED LABOUR, 1930

C.105

Forced Labour


Abolition of forced labour 1957

Part



Abolition of forced labour, 1957

Prohibition of the recourse to forced or compulsory labour in any

form for certain purposes.

Under the Convention, States undertake to suppress any form of

forced or compulsory labour in five defined cases, namely:

• “as a means of political coercion or education or as a

punishment for holding or expressing political views or viewsideologically opposed to the established political, social or

economic system”;

• “as a method of mobilizing and using labour for purposes of

economic development”;

• “as a means of labour discipline”;

• “as a punishment for having participated in strikes”;

• “as a means of racial, social, national or religious

discrimination”.


Aim of the standard

Equality of opportunity and treatmentTh ti f t f lit f t it d t t tTh ILO d

Part



The question of respect for equality of opportunity and treatment

has been one of the essential objectives of the International Labour

Organization since its inception. The ILO’s Constitution, as set out in

1919, stated that this principle was among those of particular and

urgent importance that should guide the policies of the International

Labour Organization, and that the laws passed in each country

regarding working conditions should guarantee equal economic

treatment to all workers residing legally in the country.

The adoption of Convention No. 100 and Recommendation No.90 on equality of remuneration, in 1951, was an important step toward

achieving this goal as regards equality between women and men.

Convention No. 111 and Recommendation No. 111, 1958, were

the first instruments adopted by the International Labour Conference to

focus specifically on discrimination in employment and occupation,

with a very broad scope.

These instruments support the application to every sphere ofwork of the general principles of freedom and dignity proclaimed in the

Universal Declaration of Human Rights and expressed and enshrined by

the ILO and other international forums.

The ILO andequality ofopportunity andtreatment


Equal remuneration 1951

Part



Equal remuneration, 1951

Equal remuneration for men and women for work of equal value.

States having ratified the Convention shall promote and, in so far

as is consistent with the methods in operation for determining rates of

remuneration, ensure the application to all workers of the principle of

equal remuneration for men and women workers for work of equal

value.

The Convention shall apply to basic wages or salaries and to any

additional emoluments whatsoever, payable directly or indirectly, in

cash or in kind, by the employer to the worker and arising out of his or

her employment. The Convention defines equal remuneration for

work of equal value as remuneration established without

discrimination based on sex.

This principle may be applied by means of national laws or

regulations, legal machinery for wage determination, collectiveagreements or a combination of these various means. One of the

means specified for assisting in giving effect to the Convention is the

objective appraisal of jobs on the basis of the work to be performed.

The Convention provides that governments shall co-operate with

employers’ and workers’ organizations for the purpose of giving effect

to its provisions.


(TR 5.8)

Aim of the standard

C.100

Equal remunerationfor men and womenfor work of equal value

E QUAL

REMUNERATION,

1951


Discrimination (employment and occupation) 1958

Part



Discrimination (employment and occupation), 1958

To promote equality of opportunity and treatment in respect of

employment and occupation.

The Convention assigns to each State which ratifies it the

fundamental aim of promoting equality of opportunity and treatment

by declaring and pursuing a national policy aimed at eliminating all

forms of discrimination in respect of employment and occupation.

Discrimination is defined as any distinction, exclusion or

preference based on race, colour, sex, religion, political opinion,

national extraction or social origin (or any other motive determined by

the State concerned) which has the effect of nullifying or impairing

equality of opportunity or treatment in employment or occupation.

The scope of the Convention covers access to vocational training, access

to employment and to particular occupations, and terms and conditions

of employment.Member States having ratified this Convention undertake to

repeal any statutory provisions and modify any administrative

instructions or practices which are inconsistent with this policy, and to

enact legislation and promote educational programmes which favour its

acceptance and implementation in co-operation with employers’ and

workers’ organizations. This policy shall be pursued and observed in


(TR 5.9)

Aim of the standard

C.111

DISCRIMINATION

(EMPLOYMENT AND

OCCUPATION),

1958

To promote equality of

opportunity and treatment in

employment and occupation, as a means

toward eliminating all discrimination in

respect thereof.


Workers with family responsibilities 1981

Part



Workers with family responsibilities, 1981

To create effective equality of opportunity and treatment for men

and women workers with family responsibilities.

The Convention applies to men and women workers with

responsibilities for their dependent children or other members of their

immediate family where such responsibilities restrict their possibilities

of participating in economic activity.

It provides that the State shall make it an aim of national policy to

enable these persons to engage in employment without being subject to

discrimination, and, to the extent possible, without conflict between

their employment and family responsibilities.

All measures compatible with national conditions and possibilities

shall be taken to enable the workers in question to exercise their right

to free choice of employment and to take account of their needs in

terms and conditions of employment and in social security.The Convention then provides for corresponding measures to he

taken in community planning and in the development or promotion of

community services such as child care and family services and facilities.

Moreover, it provides for information and education to engender

broader understanding of the principle of equality of opportunity and

treatment for men and women workers and of the problems of workers


(TR 5.10)

Aim of the standard

C.156

WORKERS WITH FAMILYRESPONSIBILITES,

1981

To create effective equality of opportunityand treatment for men and womenworkers with family responsibilities

Minimum working age

Part



C ONVENTION N O . 138 Minimum age, 1973

The abolition of child labour. The minimum age for admission to

employment or work shall be not less than the age of completion of

compulsory schooling (normally not less than 15 years).

The ratifying State undertakes to pursue a national policy

designed to ensure the effective abolition of child labour and to raiseprogressively the minimum age for admission to employment or work

to a level consistent with the fullest physical and mental development

of young persons.

The minimum age to be specified in conformity with the

Convention shall not be less than the age of completion of compulsory

schooling and, in any case, shall not be less than 15 years. Developing

countries may initially specify a minimum age of 14 years.The minimum age shall not be less than 18 years - or 16 years

under certain conditions10 - for any type of employment or work which

is likely to jeopardise the health, safety or morals of young persons.

The Convention provides that limited categories of employment

or work may be excluded from its application where special and

substantial problems of application arise.11

Summary of the

provisions(TR 5.47)

(TR 5.48)

(TR 5.49)

Aim of the standard

MINIMUM AGE, 1973

PROHIBITION OF THE WORST

FORMS OF CHILD LABOUR, 1999

C.138/C.182

Minimum age

GeneralException fordeveloping

countries

Basicminimum

age

15 14

Dangerousk

Normally: 18

Under certainNO

EXCEPTIONS

C.138

The Convention does not apply to work done in schools for

general, vocational or technical education or in other training

Part



institutions. Likewise, subject to certain conditions, apprentices of morethan 14 years of age are not covered by the Convention (Article 6).

Young persons of 13 to 15 years of age - or at least 15 years of age

who yet finished their compulsory schooling - may be permitted to

carry out work of certain types and under certain conditions to be

determined.12

Exceptions may be authorised in individual cases for such

purposes as participation in artistic performances.Organizations of employers and workers, where such exist, shall

be consulted regarding the above-mentioned measures.

The Convention revises ten earlier Conventions in the same

field.13

Note

It is important to note the recent evolution within the ILOconcerning standards relating to child labour. In 1994, the 75th

anniversary of the Organization, a consensus emerged at the

Conference that the Organization’s basic principles and values cover

forced labour, child labour, freedom of association and discrimination.

The various actions recently taken by the Conference, the Board of

Administration and the Office as part of the campaign to promote basic

human rights are based on the recognition of seven basic

Ratification of Conventions concerning15

Part



basic rights

Most of the following Conventions concerning basic social rights

have been ratified by around two-thirds of States Members of the ILO:

(TR 5.11)

Number Conventionsof

ratifications*

146 No. 29 FORCED LABOUR, 1930

121 No. 87 FREEDOM OF ASSOCIATION AND PROTECTION

OF THE RIGHT TO ORGANIZE, 1948

137 No. 98 RIGHT TO ORGANIZE AND COLLECTIVE

BARGAINING, 1949

137 No. 100 EQUAL REMUNERATION, 1951130 No. 105 ABOLITION OF FORCED LABOUR, 1957

130 No. 111 DISCRIMINATION (EMPLOYMENT AND

OCCUPATION), 1958

60 No. 138 MINIMUM AGE,1973

Ratification of conventions concerningfundamental social rights as of February 1999

Number of ratifications Conventions

No 87 Freedom of Association andProtection of the Right to Organize, 1948

124

No 98 Right to Organize and CollectiveBargaining, 1949

141

No 29 Forced Labour, 1930150

No 105 Abolition of Forced Labour, 1957139

No 111Discrimination (Employmentand Occupation), 1958132

No 100 Equal Remuneration, 1951139

Minimum Age, 1973

elimination of the worst forms of child labour

No13872

Prohibition and immediateNo182

2. Employment

Part



A worker’s first concern is simply to have a job. Certain ILORecommendations adopted just before and just after the second world

war already embody the opinion that the best means to achieve that

aim is an active employment policy.

The principal standards on employment will be grouped into the

following categories:

Employment policy:

Employment Policy Convention, No. 122 (1964)

Employment Promotion and Protection against Unemployment

Convention, No. 168 (1988)

Employment Policy Recommendation, No. 169 (1984)

Special Programmes for Young People, Recommendation, No.

136, 1970.

Employment services and agencies

Employment Service Convention, No. 88 (1948)

Vocational training and guidance:

Human Resources Development Convention, No. 142 (1975)

(TR 5.12)

Employment

EMPLOYMENT POLICY:

Convention nº 122: Employment Policy, 1964

Convention nº 168: Employment Promotion andProtection against Unemployment, 1988

Recommendation n¡169: Employment Policy

(Supplementary Provisions), 1984

EMPLOYMENT SERVICESAND AGENCIES:

Convention nº 88: Employment Service, 1948

VOCATIONAL GUIDANCE AND TRAINING:

Convention nº 142:

Human Resources Development, 1975

REHABILITATION AND EMPLOYMENTOF DISABLED PERSONS:

Convention nº 159: Vocational Rehabilitation

and Employment (Disabled Persons), 1983

EMPLOYMENT SECURITY:

Convention nº 158: Termination of Employment, 1982

Employment policy

Part




Employment policy, 1964

Full, productive and freely chosen employment.

The Convention requires, as a major goal, the declaration and

pursuit of an active policy designed to promote full employment with a

view to stimulating economic growth and development, raising levelsof living, meeting manpower requirements and overcoming

unemployment and underemployment.

This policy shall aim at ensuring that there is work for all who are

available for and seeking it, that such work is as productive as possible

and that there is freedom of choice of employment. Each worker shall

have the fullest possible opportunity to qualify for, and use his or her

skills and endowments in a job for which the worker is well suited,without discrimination.


(TR 5.13)

Aim of the standard

C.122

Objective: full, productiveand freely chosen employment.

EMPLOYMENT POLICY, 1964

Employment policy shall take due account of the stage and level

of economic development and the mutual relationships between

Part



employment objectives and other economic and social objectives, andshall be pursued by methods that are appropriate to national conditions

and practices. The measures to be adopted for attaining the specified

objectives shall be decided and kept under review within the

framework of a co-ordinated economic and social policy.

Finally, the Convention provides for consultation of

representatives of the persons affected by the measures to be taken, and

in particular representatives of employers and workers16

.

16. The Employment Policy Convention, 1964 (No. 122), was supplemented in 1964 by


Employment promotion and protection against unemployment, 1988

Part



Coordination of systems of protection against unemployment with

employment policy.

This Convention provides that States which ratify it shall take

appropriate steps to ensure that methods of providing unemployment

benefit contribute to the promotion of full, productive and freely

chosen employment.

The Convention contains eight parts. Each Member may accept all

or only part of the standard.

The detailed provisions of the Convention stress a State’s

obligation to guarantee equal treatment for all workers reduced to

unemployment, permit special measures to meet the needs of

disadvantaged groups, and allow for inter-State agreements on

unemployment benefit.

The contingencies covered by the Convention are loss of earningsdue to a temporary reduction in normal hours of work, and loss of

earnings due to economic difficulties and to structural or other

technological factors. Part-time workers are also covered by the

Convention.

The Convention determines who shall be protected and how.

Regarding how, the Convention provides that benefits shall take


Aim of the standard

Employment services and agencies

Part




Employment service, 1948

Free public employment service.

The State shall create and maintain a free public employment

service, which shall have the task of ensuring the best possible

organization of the employment market as an integral part of thenational programme for the achievement and maintenance of full

employment and the development and use of productive resources.

Detailed provisions of the Convention deal with the organization

of the service and its co-operation with other bodies with a view to

providing efficient recruitment and placement.

The Convention provides for the co-operation of employers’ and

workers’ representatives in the running of the employment service,notably through consultative committees.

It defines the functions of the employment service (placement,

facilitating occupational and geographic mobility, employment market

information, co-operation in the administration of unemployment

insurance and other measures for the relief of the unemployed, etc.)

and the measures to be taken by this service, taking account of the

particular needs of certain categories of worker.


(TR 5.14)

Aim of the standard

EMPLOYMENT SERVICE, 1948

Free public employment service

The functions of a state employment

service and the

measures such

a service should take

C.88

Vocational guidance and training

Part




Human resources development, 1975

The development of policies and programmes of vocational

guidance and vocational training, closely linked with employment.17

The Convention provides that the ratifying State shall adopt and

develop comprehensive and co-ordinated policies and programmes ofvocational guidance and vocational training closely linked with

employment, in particular through public employment services18.

It specifies the elements that these policies and programmes shall

take into account (employment needs and opportunities, the stage and

level of a country’s development and other economic, social and

cultural objectives, etc.), their aims (improving the abilities of the

individual), the principles to be followed (without any discrimination)

and the educational and training systems to be developed.


(TR 5.15)

Aim of the standard

C.142

HUMAN

RESOURCES

DEVELOPMENT,

1975

Development of policiesand programmes

of vocational guidanceand training closely linked

with employment.

Rehabilitation and employment of disabled persons

Part




Vocational rehabilitation and employment (disabled persons), 1983

To ensure a suitable employment and social integration for

disabled persons, in conditions of full participation and equality.

The State shall, in accordance with national conditions and

possibilities, implement a policy of vocational rehabilitation andemployment of disabled persons19 and ensure that the measures taken

be available to all categories concerned.

The representative organizations of employers and workers, as

well as the representative organizations of and for disabled persons,

shall be consulted on the implementation of this policy which shall be

based on the principle of equal opportunity between disabled workers

(men and women) and workers generally (though not excluding

special positive measures).

Suitably adapted services for vocational guidance and vocational

training, placement, employment, and so on, shall be made available to

disabled persons. The Convention provides for the development of

these services in rural areas and remote communities, as well as for the

training of specialist counsellors20.


(TR 5.16)

Aim of the standard

VOCATIONAL

REHABILITATION

AND EMPLOYMENT

(DISABLED PERSONS),

1983

To ensure

suitable employment and

social integration

for disabled persons, in conditions

of full participation and equality

C.159

Employment security

Part




Termination of employment, 1982

Protection against termination of employment without valid

reason21.

Methods and scope

The Convention has very wide scope22

. In so far as its provisionsare not made citective by means of collective agreements, arbitration

awards or court decisions, or in another manner consistent with

national practice, they shall be given effect by laws or regulations.

Standards of general application

The Convention provides that the employment of a worker shall

not be terminated unless there is a valid reason connected with the

capacity or conduct of the worker or based on the operational

requirements of the undertaking or service. It then enumerates those

reasons which are not valid grounds for termination, such as union

membership or participation in union activities at appropriate hours,

seeking office or acting as a workers’ representative, filing a complaint

or participation in proceedings against an employer for violations of


(TR 5.17)

Aim of the standard

C. 158

Protects against terminationof employment without valid reason

Establishes the principleof explainingterminationof employment

Goes on to list thereasons which arenot valid grounds fortermination ofemployment

TERMINATION OF

EMPLOYMENT,

1982

The Convention deals with the procedures to be followed for the

termination of employment and for appeal against termination. In

d f th k t t h t b l th b d f i

Part



order for the worker not to have to bear alone the burden of provingthat the termination was not justified, the Convention provides for

either or both of two possibilities:

a) the burden of proving the existence of a valid reason shall rest

on the employer; and/or

b) the competent bodies shall be empowered to reach a

conclusion having regard to the evidence provided by the

parties and according to procedures provided for by nationallaw and practice.

It provides for a reasonable period of notice to be given or

compensation in lieu thereof, unless the worker is guilty of serious

misconduct4 and for a severance allowance and/or other forms of

income protection (unemployment insurance or assistance, or other

social security benefits).

In the case of an unjustified termination of employment, if thiscannot be reversed and/or the reinstatement of the worker is not

practicable, adequate compensation is payable.

Termination of employment for economic, technological,

structural or similar reasons

In these cases, more detailed provisions concern the obligation on

the employer to consult with workers’ representatives and to notify the

3. Social policy

In 1947 the Conference adopted a general Convention (No 82)Social Policy (BasicAi d St d d )

Part



In 1947, the Conference adopted a general Convention (No. 82)on social policy in non-metropolitan territories, subsequently revised,

in 1962, by Convention No. 117 on the basic aims and standards of

social policy. These two texts not only lay down the principle that all

policies are to be directed primarily at the well-being and development

of the population, but also set a number of basic standards regarding, in

particular, wage rates, wage protection, protection against

discrimination, the minimum working age and education.

Another text of a general nature, Recommendation No. 127

(1966) concerns the role of all categories of cooperatives in the

economic and social development of “developing countries”.

It indicates the objectives of the policy regarding cooperatives and

the methods of implementing this policy.

Cooperatives(DevelopingCountries)Recommendation,1966 (No. 127)

Social Policy (BasicAims and Standards)Convention, 1962(No. 117)


Social policy (basic aims and standards), 1962

All li i h ll b i il di t d t th ll b i dAi f th t d d

Part



All policies shall be primarily directed to the well-being and

development of the population and to the promotion of its desire for

social progress.

With the above-mentioned aim in view, the Convention deals

respectively with the following subjects: improvement of standards of

living, migrant workers, remuneration of workers, non-discrimination,

education and training.The improvement of standards of living shall be regarded as the

principal objective in the planning of economic development. Efforts

shall be made to avoid the disruption of family life and of traditional

social units, by the study of migratory movements and practical action

in town and country planning and prevention of congestion in urban

areas, including improvement of living conditions and establishment of

suitable industries in rural areas. Elimination of chronic debt, controlof land alienation and of land ownership and use (by the enforcement

of adequate laws or regulations) and fostering of cooperatives by

practical means are to be considered.

Migrant workers’ terms and conditions of employment shall take

account of their normal family needs. Transfer of part of the worker’s

wages and savings from the area of labour utilization to that of supply

shall be encouraged, including by inter-country agreements. Account


(TR 5.18)

Aim of the standard

C. 117

SOCIAL POLICY

(BASIC AIMS AND

STANDARDS),

1962 All policies shall be primarily directedto the well-being and development

of the population and to the promotionof its desire for social progress.

R ECOMMENDATION N O . 127

Cooperatives (developing countries), 1966 25

This Recommendation sets national policy objectives to encourage(TR 5 19)

Part



This Recommendation sets national policy objectives to encourage

the establishment and development of cooperatives through

appropriate legislation, education and training, and financial and

administrative assistance. It also provides for supervisory mechanisms

to implement policies on cooperatives.

This instrument applies to all categories of cooperative, including:

consumer cooperatives;

land improvement cooperatives;

agricultural productive and processing cooperatives;

rural supply cooperatives;

agricultural marketing cooperatives;

fishery cooperatives;

service cooperatives;

handicraft cooperatives;

workers’ productive cooperatives;

labour contracting cooperatives;

cooperative thrift and credit societies and banks;

housing cooperatives;

transport cooperatives;

(TR 5.19)

C. 127

COOPERATIVES

(DEVELOPING COUNTRIES),

1966

Sets national

policy objectives to encourage

the establishment and

development of cooperativesthrough appropriate

legislation, education and

training, and financial

and administrative assistance.

Provides measures

for supervisory

mechanisms to implement such policies.

4. Labour administration

The existence of a competent efficient and specialisedd i i t ti i h t i ti l if th li ti f

Part



The existence of a competent, efficient and specialisedadministration in each country is essential if the proper application of

labour legislation and social policies is to be guaranteed. The

indispensable link between the ILO and the administration of the State

concerned is normally the latter’s Ministry of Labour, which sends

officials to take part in the preparatory work and negotiations prior to

the adoption of standards by the International Labour Conference. It is

this labour department which subsequently launches the procedures for

submitting the instruments adopted by the ILO to the relevant national

authorities for ratification, and which adapts the aims and provisions of

the international standards in drafting and implementing local

legislation and regulations.

In 1978, the Conference adopted a general Convention (No. 150)

on the role, functions and organization of labour administration.

Convention No. 150 laid down standards for the establishment of

a well-coordinated labour administration system with clearly definedfunctions and responsibilities. It covered the preparation and

implementation of labour legislation, employment policy, improvement

of working conditions, and support services for employers’ and

workers’ organizations. It was supplemented by Recommendation No.

158, also adopted in 1978.

The main standards on employment are grouped into the

General standard

CONVENTION NO 150

Part




Labour administration, 1978

The establishment of an effective labour administration with the

participation of employers and workers and their organizations.

The ratifying State shall organize an effective system of labour

administration, the functions and responsibilities of which are properlycoordinated.

It shall secure within this system: consultation, co-operation and

negotiation with employers’ and workers’ organizations.1

The Convention sets out the functions of labour administration

(preparation, administration, coordination, checking and review of

national labour policy, preparation and implementation of laws and

regulations, tasks in relation to national employment policy, conditions

of work and working life, terms of employment, services and advice to

employers and workers and their organizations, representation of the

State concerning international labour affairs, etc.)

The staff of the labour administration system shall be composed of

persons who are suitably qualified and independent of improper

external influences. They shall have the status, the material means and

the financial resources necessary for the effective performance of their


(TR 5.20)

Aim of the standard

C.150

LABOUR ADMINISTRATION, 1978

The establishment of an effectivelabour administrationwith the participation

of employers and workersand their organizations

Labour Inspection

CONVENTION NO. 81

Part




Labour inspection, 1947

and


Labour inspection (agriculture), 1969

To secure, by regular inspections of workplaces, the enforcement

of legal provisions for the protection of workers.

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

secure the enforcement of the legal provisions relating to conditions of

work and the protection of workers in industrial workplaces, as well as

in commercial workplaces27 if the ratifying State accepts this extension.

It deals with the organization and functioning of inspection

services, the responsibilities of a central authority, their co-operation

with other public and private services and with employers and workers

or their organizations, the recruitment of qualified staff in sufficient

numbers (including women) and with appropriate status, material

means and facilities (offices and transport), the thorough regular


(TR 5.21)

(TR 5.22)

Common aim of thetwo standards

Labour inspectionC.81 (1947) + protocol (1995)

Technical cooperation:

organization and functioning of inspection services

evaluation of the effectiveness of inspections

training of inspectors

reports, documentation, database

assistance in implementing Convention No. 81

revision of specific laws

International labour standards:

INSPECTION OF WORKPLACES TO:

ensure the enforcement of legal provisions

advise employers and workers

provide information for the labour administration

Convention No. 129 applies to agricultural undertakings in which

work employees or apprentices, or - subject to a declaration by the

ratifying State to this effect - tenants, share-croppers and similarcategories of agricultural workers members of a cooperative or of the

Part



y g , ppcategories of agricultural workers, members of a cooperative or of the

family of the operator. Its provisions are to a large extent based on

those of Convention No. 81 regarding the organization, the functions

and the staff of the system of inspection, as well as the duties, powers

and obligations of the inspectors.

Convention No. 129 also contains certain innovations which take

into account the special characteristics of the agricultural sector and the

experience gained since Convention No. 81 came into force. These

innovations take the form of provisions on questions such as the

organizational flexibility and structure of the inspection services, the

extension to inspectors of advisory or enforcement functions regarding

legal provisions relating to conditions of life of workers and their

families, the possibility of including in the system of labour inspection

officials or representatives of occupational organizations and of

entrusting certain inspection functions at the regional or local level toother appropriate government services or public institutions.

Statistics


Part



Labour statistics, 1985 28

The maintenance of regular series of labour statistics.

The ratifying State undertakes to publish labour statistics

regularly.

The subjects to be covered progressively include: economically active population, employment, unemployment,

underemployment;

structure and distribution of the economically active

population;

average earnings, wage rates, hours of work;

wages;

labour costs;

consumer price indices;

household or family expenditure, and income;

occupational injuries and diseases;

industrial disputes.


(TR 5.23)

Aim of the standard

C.160

Maintenance of regular seriesof labour statistics

The subjects to coverprogressively include:

economically active population, employment,

unemployment, under-employment

structure and distribution of the economically

active population

average earnings, wage rates, hours of work

wages

labour costs

consumer price indices

household or family expenditure and income

occupational injuries and diseases

industrial disputes

LABOUR STATISTICS, 1985

Tripartite consultation


Part



Tripartite consultation (international labour standards), 1976

Effective consultation between the representatives of the

government, of employers and of workers on international labour

standards.

The ratifying State undertakes to operate procedures whichensure effective consultation between representatives of the

government, of employers and of workers on:

government replies to questionnaires concerning items on the

agenda of the International Labour Conference and their

comments on proposed texts to be discussed by the

Conference;

proposals to be made to the competent authority or authoritiesin connection with the submission of Conventions and

Recommendations pursuant to article 19 of the Constitution of

the ILO;

the re-examination at appropriate intervals of unratified

Conventions and of Recommendations to promote their

implementation and ratification as appropriate;


(TR 5.24)

Aim of the standard

TRIPARTITE CONSULTATIONS

(INTERNATIONAL

LABOUR STANDARDS),

1976

Effective consultation among the

representatives of the government,

of employers and of workers on the

implementationof international

labour standards.

C.144

The nature and form of such procedures shall be determined in

accordance with national practice after consultation with the

representative organizations of employers and workers, where theseexist These organizations shall freely choose their representatives for

Part



exist. These organizations shall freely choose their representatives for

the purpose of these procedures. Employers and workers shall be

represented on an equal footing on any competent bodies.

Consultations shall take place at agreed intervals, but at least once

a year.

When appropriate, the competent authority shall issue an

annual report on the working of the procedures30.


Tripartite Consultation (Activities of the International Labour Organization), 1976

As a complement to the summary of the provisions of Convention

No. 144, it may be noted here that the Tripartite Consultation(Activities of the International Labour Organization) Recommendation,

1976 (No. 152), having reiterated the provisions of the Convention,

adds that consultation should be arranged on the preparation and

implementation of legislative or other measures to give effect to

international labour Conventions and Recommendations, as well as on

questions arising out of reports to be made under article 19 of the

5. Industrial relationsThe basic standards governing industrial relations, namely the

freedom of association Conventions, have been analysed above in the

Part



y

section on freedom of association.

A further set of instruments on relations between employers and

workers has been adopted, namely:

Collective bargaining and agreements, voluntary conciliation and arbitration, consultation and co-operation

Collective Agreements Recommendation, 1951 (No. 91)

Collective Bargaining Convention, 1981 (No. 154)

Voluntary Conciliation and Arbitration Recommendation, 1951

(No. 92)

Cooperation at the Level of the Undertaking Recommendation,

1952 (No. 94)

Consultation (Industrial and National Levels)Recommendation, 1960 (No. 113)

Termination of employment

Termination of Employment Convention, 1982 (No. 158) and

Termination of Employment Recommendation, 1982 (No. 166)

(see Employment section)




Co-operation at the level of the undertaking, 1952

Part




Consultation (industrial and national levels), 1960


Communications within the undertaking, 1967


Examination of grievances, 1967

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

questions of consultation, communication and the examination of

grievances.

The Co-operation at the Level of the Undertaking Recommendation,

1952 (No. 94), seeks to promote consultation and cooperation

between employers and workers at the level of the undertaking

on matters of mutual concern not within the scope of collective

bargaining or of other machinery for the determination of

terms and conditions of employment These practices are

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

derogate from freedom of association or of collective

bargaining, or discriminate between organizations. The Communications within the Undertaking Recommendation, 1967

Part



The Communications within the Undertaking Recommendation, 1967

(No. 129), sets out the elements of a communications policy

within the undertaking. Having pointed out the common

interests of employers and workers and their respective

organizations in recognising the importance of a climate of

mutual understanding and confidence within undertakings, the

Recommendation proposes ways of establishing such a climate.

It encourages the dissemination and exchange of information

as complete and objective as possible, relating to the various

aspects of the life of the undertaking and to the social

conditions of the workers. This should take place after

consultation with workers’ representatives and should in no

way derogate from freedom of association.

The Examination of Grievances Recommendation, 1967 (No. 130),

which may be given effect through national laws or

regulations, collective agreements, works rules or arbitration

awards, or in another manner consistent with national practice,

provides that any worker who considers that he or she has

grounds for a grievance should have the right (acting

individually or jointly with others) to submit such grievance

and have it examined. Various principles and procedures

6. Conditions of workStandards on general conditions of work and on safety and health at

work are by far the most numerous (almost 40 per cent of all instruments

d d b h l b f h f h

Part



adopted by the International Labour Conference). By the nature of things,

they are comparatively the most technical and precise. They cover many

aspects of the questions which govern life at the workplace.

The principal standards on conditions of work can be grouped

into the following categories:

a) Wages Minimum wage-fixing machinery

Minimum Wage-Fixing Machinery Convention, 1928 (No. 26).

Minimum Wage-Fixing Machinery (Agriculture) Convention,

1951 (No. 99).

Minimum Wage Fixing Convention, 1970 (No. 131) and

Recommendation, 1970 (No. 135).

Labour clauses (public contracts)

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

and Recommendation, 1949 (No. 84).

Wage protection

Night work

Night Work Convention, 1990 (No. 171) and

Recommendation, 1990 (No. 178).(Standards on night work laid down for the protection of

Part



(Standards on night work laid down for the protection of

women and children or young people will be dealt with later.)

Home work

Home Work Convention, 1996 (No. 177) and


Weekly rest

Weekly Rest (Industry) Convention, 1921 (No. 14).

Weekly Rest (Commerce and Offices), Convention, 1957 (No.

106) and Recommendation, 1957 (No. 103).

Paid leave

Annual Holidays with Pay Convention (Revised), 1970 (No. 132).

Paid Educational Leave Convention, 1974 (No. 140) and


c) Occupational safety and healthGeneral provisions

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

1971 (No. 144).

Occupational Cancer Convention, 1974 (No. 139) andRecommendation, 1974 (No. 147).

Part



Asbestos Convention, 1986 (No. 162) and Recommendation,

1986 (No. 172).

Chemicals Convention, 1990 (No. 170) and Recommendation,

1990 (No. 177).

Machinery

Guarding of Machinery Convention, 1963 (No. 119) and


Maximum weight

Maximum Weight Convention, 1967 (No. 127) and


Air pollution, noise and vibrations Working Environment (Air Pollution, Noise and Vibration)

Convention, 1977 (No. 148) and Recommendation, 1977 (No.

156).

Protection in given branches of activity

Building industry

Wages

Minimum wage-fixing machinery

Part




Minimum wage fixing, 1970

Protection against excessively low wages.

The ratifying State undertakes to establish a system of minimum

wages covering all groups of wage earners whose terms of employment

are such that coverage would be appropriate35; these groups shall be

determined either in agreement or after consultation with the

representative organizations of employers and workers concerned,

where these exist.

The elements to be taken into consideration in determining the

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

include the needs of workers and their families and economic factorsincluding the requirements of economic development and a high level

of employment.

Machinery adapted to national conditions and requirements shall

be created and/or maintained, whereby minimum wages can be fixed

and adjusted.

The representative organizations of employers and workers

Summary of the

provisions(TR 5.26)

Aim of the standard

C. 131

MINIMUM WAGE FIXING, 1970

Protection against excessively

low wages

Protection of all groups of wage earners

Minimum wages shall have the force of law,backed by sanctions

Regular adjustment to the cost of living

Labour clauses (public contracts)

C ONVENTION N O . 94 Labour clauses (public contracts) 1949

Part



Labour clauses (public contracts), 1949

To ensure minimum labour standards in the execution of public

contracts.

The Convention deals with all contracts involving the expenditure

of funds awarded by central public authorities37 to another party

employing workers for the construction, demolition, and so on, of

public works, the manufacture of materials, supplies or equipment or

the performance or supply of services.

The Convention also applies to work carried out by

subcontractors. Exemptions are authorised for contracts not exceeding

an amount fixed after consultation with the organizations of employers

and workers concerned.

Public contracts shall include clauses ensuring to the workersconcerned wages (including allowances), hours of work and other

conditions of labour38 which are not less favourable than those

established for work of the same character by national laws or

regulations, collective agreements or arbitration awards, or the general

level observed in the trade or industry concerned.

The Convention provides for measures to ensure fair and


(TR 5.27)

Aim of the standard

C.94

GENERAL PRINCIPLES:

to ensure minimum labour standards

in the execution of public contracts

such contracts shall contain

clauses ensuring:

• that wages are paid

• that conditions of labour are not less

favourable than those established

by legislation, agreements

or current practice

sanctions are provided for

LABOUR CLAUSES (PUBLIC CONTRACTS), 1949

Wage protection

C ONVENTION N O . 95 Protection of wages, 1949

Part



Protection of wages, 1949

Full and prompt payment of wages in a manner which provides

protection against abuse.

Wages39 payable in money shall be paid only in legal tender

(payment by cheque is authorised under certain conditions).

Partial payment of wages in kind (payment in high alcoholic-

content liquor or noxious drugs shall not be permitted under any

circumstances) may be authorised40 where this is customary or

desirable and is appropriate for the personal use and benefit of the

worker and his or her family. The value attributed to such allowances

in kind shall be fair and reasonable.

Wages shall normally be paid directly to the worker concerned.

The Convention protects the worker’s liberty to dispose freely of his orher wages, without any coercion to make use of works stores.

Goods at these works stores shall be sold at fair and reasonable

prices. The stores shall not be operated for the purpose of securing a

profit but for the benefit of the workers concerned, where access to

other stores and services is not possible.

The Convention also provides that the extent to which deductions


(TR 5.28)

Aim of the standard

C.95

PROTECTION OF WAGES, 1949

In general, protection against practices

which might make workers unduly

dependent on their employer

Full and prompt payment of wages

Wages shall normally be paid directly

to the worker concerned(and without delay)

Goods at works stores shall

be sold at fairand reasonable prices

Applies to all persons to whom wages

are paid or payable

General conditions of work

Hours of work

C ONVENTION N O . 1

(TR 5.29)

Part

Hours of work, weekly rest and paid leave

hours of work (industry), 1919C.1

hours of work

(commerce and offices), 1930C.30

forty-hour week, 1935C.47

reduction of hours of work, 1962R.116



Hours of work (industry) convention, 1919


Hours of work (commerce and offices) convention, 1930


Forty-hour week convention, 1935

The national and international economic conditions within which

hours of work are set have clearly changed a great deal over the years.

For employers and their organizations, it is particularly important

to maintain and increase their competitiveness and productivity in a

recession. This means they must be highly flexible as regards hours ofwork, so that firms can make the most of their equipment and respond

swiftly to market fluctuations.

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

prime need is to boost employment in the many countries in which

unemployment rates are high. There is also a desire for greater

flexibility as regards hours of work in order better to fulfil individual

i ti di th di i i d d ti f kl d l

Summary notes onstandards dealingwith hours of work

(TR 5.30)

night work, 1990C.171

weekly rest (industry), 1921C.14

weekly rest

(commerce and offices), 1957

C.106

paid leave (revised), 1970C.132

paid educational leave, 1974C.140

C. 47

Principle that the working week

be reduced to forty hours with

no reduction in the workers’

standard of living

Adoption or encouragement

of measures deemed appropriate for achieving that aim

FORTY-HOUR WEEK, 1935

Recommendation No. 116 supplements the international

instruments bearing on hours of work42 and facilitates their application by

indicating practical measures that will take account of the variety of

economic and social conditions and national practices, by specifying the

methods by which these measures can be applied by indicating the

Part



methods by which these measures can be applied, by indicating the

standard whose principle is embodied in the 40-Hour Convention, 1935

(No. 47) as a social standard to be achieved by stages if need be, and by

defining a normal maximum length of work as per the Hours of Work

(Industry) Convention, 1919 (No. 1).

Each State should promote the adoption of the principle of a

progressive reduction in normal hours of work. Moreover, each Stateshould, in so far as is compatible with national conditions and practice,

ensure that the principle is applied.

Appropriate monitoring measures are recommended, including

inspections.

The national policy envisaged by the Recommendation may take

various forms, since it is intended to promote the principle of a progressive

reduction in normal working hours through methods adapted to nationalconditions and practice, as well as to the conditions in each industry.

Without necessarily having recourse to a formal declaration to this effect,

“national policy” can be understood as a set of relevant measures,

particularly legislative provisions or collective agreements, even in the

deliberate absence of government intervention in the process of fixing

hours of work.

Night work

C ONVENTION N O . 171Night work, 1990

Part



g ,

To protect the health and safety of night workers, assist them to

meet family and social responsibilities, provide opportunities for their

occupational advancement and compensate them appropriately; to

protect maternity.

This Convention (which applies to all employed persons except in

agriculture, stock raising, fishing and navigation)43 lays down that

specific measures required by the nature of this work shall be taken for

night workers in order to protect their health and safety, assist them to

meet their family and social responsibilities, provide opportunities for

occupational advancement, compensate them appropriately and protect

maternity.

The Convention may be implemented by laws or regulations,collective agreements, arbitration awards or court decisions, or a

combination of these means.

Workers have the right notably to health assessments (without

charge) before an assignment to night work, at regular intervals and in

case of problems afterwards. The results may not be transmitted to

others without the worker’s consent except in the case of a finding of


Aim of the standard

Weekly rest

C ONVENTION N O . 14 Weekly rest (industry), 1921

Part



At least 24 consecutive hours of rest per week.

The whole of the staff employed in any industrial undertaking44

shall enjoy, in every period of seven days, a period of rest comprising at

least 24 consecutive hours.

This period of rest shall, wherever possible, be granted

simultaneously to the whole of the staff of each undertaking and shall

coincide with the days already established by the traditions or customs

of the country or district.

Certain exceptions45 may be authorized, for which, as far as

possible, compensatory periods of rest shall be provided.

Employers shall make known the days and hours of collective rest

to the whole of the staff by notices or otherwise and shall keep a rosterof special systems of rest.


Aim of the standard


Weekly rest (commerce and offices), 1957

At least 24 consecutive hours of rest per week.Aim of the standard

Part



The Convention lays down the standard of a weekly rest period of

not less than 24 consecutive hours in the course of each period of

seven days46.

It has provisions similar to Convention No. 14 as regards the

simultaneous granting of the rest period to the whole staff and its

coincidence with the day of rest established by the traditions orcustoms of the country or district47.

Regarding the means of giving effect to its provisions, the

Convention lists the following: statutory wage-fixing machinery;

collective agreements; arbitration awards; any other manner consistent

with national practice as may be appropriate under national conditions;

or - otherwise - national laws or regulations.

The Convention applies to all public or private trading

establishments, institutions and administrative services in which the

persons employed are mainly engaged in office work, including offices

of persons engaged in the liberal professions.

It also covers the administrative services of a certain number of

other establishments,48 but authorises, at the same time, a certain


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

Where special schemes5 or temporary exemptions,51 apply, a

compensatory rest period of equivalent duration shall be granted.

The application of the measures taken in accordance with its

provisions shall not entail any reduction of the income of the persons

Part



p y p

covered by the Convention52 It shall be subject to adequate supervision

and inspection and entail appropriate penalties to ensure enforcement.

Paid leave

C ONVENTION N O . 132 Holidays with pay (revised), 1970

Part



Annual paid holiday of three weeks or more.

The duration of the annual holiday shall be specified by each

State at the moment of ratification, but it shall be a minimum of three

weeks for one year of service. The length of the holiday can be

extended by further declarations.For service of less than 12 months, a holiday with pay

proportionate to that length of service shall be granted, but a minimum

period of six months’ service be required.

Absences due to illness, injury, maternity, or other reasons

beyond the control of the employed person shall be counted as part of

the period of service.

Public and customary holidays shall not be counted as part of theminimum annual holiday with pay. Under conditions to be determined

at national level, periods of incapacity for work resulting from sickness

or injury may not be counted as part of the minimum annual holiday.

The Convention also has provisions regarding the remuneration

of the worker while on holiday.

It provides for the possibility of dividing the annual holiday into


Aim of the standard

agreements, arbitration awards, court decisions or in such other

manner consistent with national practice as may be appropriate under

national conditions

The Convention applies to all employed persons with the

exception of seafarers53, and limited categories of persons who may be

Part



excluded under certain conditions. However, ratifying States can accept

separately obligations in respect of employed persons in economic

sectors other than agriculture, and in respect of persons employed in

agriculture.


Paid educational leave, 1974

To promote education and training during working hours, withfinancial entitlements.

Aim of the standard

Part



The Convention provides that the ratifying State shall formulate

and apply a policy designed to promote the granting of paid educational

leave.54

Its implementation may be by means of national laws and

regulations, collective agreements, arbitration awards, and so on.The aims to be pursued (if need be by stages) are: training at any

level; general, social and civic education; trade union education. The

Convention specifies the following main objectives of this policy: the

acquisition, improvement and adaptation of occupational and

functional skills; the promotion of employment and job security in

conditions of scientific and technological development, for example; the

competent and active participation of workers and their representatives

in the life of the undertaking and of the community; the human, social

and cultural advancement of the workers; and continuing education

and training.

This policy shall take account of the stage of development and the

particular needs of the country and shall be co-ordinated with general

policies concerning employment, education and training and hours of

work


Occupational safety and health

General provisions


Part



Occupational safety and health, 1981

A coherent national policy on occupational safety, occupational

health and the working environment. Communication and

cooperation at all levels in this area.

The Convention, which applies to all branches of economic activity

and to all workers (including the public service) - but with the possibility

of certain exclusions,55 provides that each ratifying State shall, in the

light of national conditions and practice, and in consultation with the

most representative organizations of employers and workers, formulate,

implement and periodically review a coherent national policy on

occupational safety, occupational health56 and the working environment.

The aim of the policy shall be to prevent accidents and injury tohealth arising out of, linked with or occurring in the course of work, by

minimizing, so far as is reasonably practicable, the causes of hazards

inherent in the working environment.

The Convention defines the main spheres of action of such a

policy. It lays down a series of quite detailed provisions concerning

action at the national level and at the level of the undertaking.


(TR 5.31)

Aim of the standard


NATIONAL POLICY AND ACTION1.

PROTECTION AGAINST SPECIFIC RISKS

(chemicals, occupational cancer,

dangerous machinery, air pollution, etc.)

2.

PROTECTION IN GIVEN BRANCHES

OF ECONOMICAL ACTIVITIES3.

MEDICAL EXAMINATION FOR YOUNG PERSONS4.

SEAFARERS5.

C.155 Occupational Safety and Health, 1981

R.164 Occupational Safety and Health, 1981

C.161 Occupational Health Services, 1985

R.171 Occupational Health Services, 1985


Occupational health services, 1985

To maintain, by means of a preventive service, a safe, healthy andwell-adapted working environment to promote the physical and mental

health of all workers

Aim of the standard

Part



health of all workers.

Occupational health services with essentially preventive and

advisory functions shall be developed1 progressively for all workers,

within the framework of a coherent national policy.

To this end, the most representative organizations of employersand workers shall be consulted.

Occupational health services may be organized as a service for a

single undertaking or common to a number of undertakings.

They may be organized by the undertakings or groups of

undertakings, by public authorities or social security institutions, or by

any other competent body. Employers, workers and their

representatives co-operate and participate in their implementation.

The task of the services shall be to identify and assess risks from

health hazards in the workplace by surveillance of the working

environment and working practices, as well as workers’ health in

relation to work. They give advice on the subject and promote the

adaptation of work to the worker as well as information, training and

education in this field. They organize first aid, participate in the

analysis of occupational accidents and occupational diseases and



Prevention of major industrial accidents, 1993

Prevention of major industrial accidents and limitation ofconsequences thereof.

Aim of the standard

Part



Each Member State bound by this Convention shall, after

consultation of workers’ and employers’ organizations, as well as other

interested parties who may be affected, formulate, implement and

periodically review a coherent national policy on the protection of

workers, the public and the environment against the risk of majoraccidents.

This Convention applies to installations at risk of major accident,

with the exclusion of nuclear and military installations.

Employers have an important responsibility in identifying

installations at risk and shall make known the appropriate responses,

especially the measures to be taken on the spot. Furthermore, they

shall draw up and deliver a highly detailed safety report and an

accident report as soon as any such accident occurs.

The competent authority (normally the government), for its part,

shall devise emergency plans and procedures to protect the

environment and the public in the vicinity of the site. The competent

authority shall also establish emergency plans and procedures and

make these known to the public on a regular basis. It shall also provide

for effective separation of zones containing major hazard installations


Protection against specific risks

C ONVENTION N O . 13 White lead (painting), 1921

Th i f l d i i ill d b l hAi f h d d

Part



The prevention of lead poisoning, an illness caused by sulphates

of lead and white lead58 in particular.

The use of white lead, sulphate of lead and all products containing

these pigments is forbidden in the internal painting of buildings.

The employment of young persons under 18 years of age and ofall women in painting work of an industrial character involving the use

of these products is prohibited.

Permitted uses are regulated in accordance with principles

provided for by the Convention, which enumerates various hygiene

measures to be taken in such cases.


(TR 5.32)

Aim of the standard

WHITE LEAD (PAINTING), 1921

Prevention of lead poisoning,

an illness caused by

sulphates of lead

and white lead in particular

The use of white lead,

sulphate of lead and all

products containing these

pigments is prohibited in

the internal painting

of buildings

C.13


Radiation protection, 1960

Protection of workers against ionizing radiations.

No worker under the age of 16 shall be engaged in workSummary of the

Aim of the standard

Part



g g g

involving ionizing radiations; nor shall any worker be employed where

he or she could be exposed to ionizing radiations contrary to qualified

medical advice.

Effective protection for all other workers shall be ensured in the

light of current knowledge. Every effort shall be made to reduce to thelowest practicable level their exposure to ionizing radiations, and any

unnecessary exposure shall be avoided.

The Convention sets out various provisions concerning measures

to be taken by the State, the fixing of maximum permissible doses of

radiation and amounts of radioactive substances that can be taken into

the body59, warnings of hazards, the instruction of workers in the

precautions to be taken, the notification of work involving exposure,

monitoring of workers and the workplace, and the appropriate medical

examinations.

yprovisions

(TR 5.33)

C.115

RADIATION

PROTECTION,

1960

Protection of workers

against ionizing radiations

No worker under the age

of 16 shall be engaged

in work involving

ionizing radiations

•

•


Benzene,60 1971

Protection against the hazards of poisoning arising from benzene.1

The Convention applies to all activities involving the exposure ofSummary of the

Aim of the standard

Part



pp g p

workers to benzene60 and to products whose benzene content exceeds 1

per cent by volume.

It provides that, whenever harmless or less harmful substitute

products are available, they shall be used instead of benzene, with

certain exceptions61

. The use of benzene and products containing benzene shall be prohibited in certain work processes.

If this is not the case, occupational hygiene and technical

measures and adequate monitoring62 shall be implemented to ensure

effective protection of workers exposed to benzene, especially to

prevent the escape of benzene vapour into the air of places of

employment. The Convention specifies certain of these measures.

Pregnant women, nursing mothers and young persons under 18

years of age shall not be employed in work processes involving

exposure to benzene or products containing benzene.

yprovisions

(TR 5.34)

C.136

BENZENE, 1971

Protection against the hazards

of poisoning arising from benzene

Applies to all activities involving

the exposure of workers to benzeneand to products whose benzene

content exceeds 1 per cent by volume


Occupational cancer, 1974

The prevention of occupational cancer.

The Convention entails the obligation for the ratifying State toSummary of the

Aim of the standard

Part



determine periodicly the carcinogenic substances and agents to which

occupational exposure shall be prohibited or regulated and to make

every effort to have carcinogenic substances and agents replaced by

non-carcinogenic ones, prescribe protective measures, supervisory

measures63

information requirements and the necessary medicalexaminations, tests or investigations.

provisions

(TR 5.35)

C.139

PREVENTION OFOCCUPATIONAL CANCER

OBLIGATION FOR THE STATE:

To determine periodicallythe carcinogenic substancesand agents to which occupationalexposure shall be prohibited or regulated

To prescribe protective measures

1.

2.

OCCUPATIONAL

CANCER

1974


Asbestos 64 , 1986

The prevention of occupational hazards due to asbestos.1

The Convention applies to all activities involving the exposure ofSummary of thei i

Aim of the standard

Part



workers to asbestos in the course of work64.

National laws or regulations shall prescribe the measures to be

taken for the Prevention and control of, and the protection of workers

against, health hazards due to occupational exposure to asbestos. The

employer is responsible for compliance, and enforcement is ensured byinspection,

Exclusions, exemptions and revisions are regulated by the

Convention.

The Convention enumerates various detailed measures for

protection and prevention, as well as for the monitoring of the

workplace and of the workers’ health.

provisions

(TR 5.36)

C.162

ASBESTOS, 1986

Prevention of occupationalhazards due to asbestos

Applies to all activities involvingthe exposure of workers to asbestosin the course of work

National legislation shall prescribethe measures to be taken to preventand control health hazards dueto occupational exposure to asbestosand to protect workersagainst such risks


Chemicals, 1990

To prevent or reduce the incidence of chemically induced illnessesand injuries at work.

Aim of the standard

Part



The Convention applies to all branches of economic activity in

which chemicals are used65.

The most representative organizations of employers and workers

concerned shall be consulted on the measures to be taken. The State

shall formulate, implement and periodicly review a coherent policy in

this field.

The Convention (supplemented by a Recommendation66) provides

for detailed regulations concerning classification systems of chemicals,

their labelling and marking, chemical safety data sheets, the

responsibilities of suppliers and those of employers (identification of

chemicals, their transfer and disposal and the exposure of workers, as

well as information, training and co-operation with the latter).

The duties (notably of co-operation and reasonable precautions)

and the rights (notably to information and to remove themselves from

danger) of the workers are also set forth.

When in an exporting State all or some uses of hazardous

chemicals are prohibited for reasons of safety and health at work, this

shall be communicated by the exporting member State to any

importing country


(TR 5.37)

C. 170

CHEMICALS, 1990

To prevent chemicallyinduced illnessesand injuries at work

To reduce their incidence

Applies to all branchesof economic activity in whichchemicals are used


Guarding of machinery, 1963

The prevention of hazards to workers arising out of moving partsof machinery.

h i li ll d i hi

Aim of the standard

Part



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

second-hand.

It prescribes that the sale or hire of these machines shall be

prohibited if specified dangerous parts of them are without appropriate

guards.

In the actual use of machinery, the prohibition extends to include

also the machine’s “point of operation”.

The Convention also determines the obligations of employers

regarding information of workers about the danger arising in the use of

machinery.

The obligation to ensure protection, regarding the sale and hire of

machinery, rests on the vendor or person letting out on hire, or their

agents. Responsibility during use rests on the employer.No worker shall use or be required to use any machinery without

the guards provided being in position or where such guards have been

made inoperative.


(TR 5.38)

C.119

GUARDING OF MACHINERY, 1983

The prevention of hazards to workersarising out of moving partsof machinery

Applies to all power-drivenmachinery, new or second-hand

The obligationof employersto inform workersabout dangersin the useof machinery


Maximum weight, 1967

The protection of workers against hazards arising out of theweight of loads.

Th C ti id th l l th t k h ll bS f th

Aim of the standard

Part



The Convention provides the general rule that no worker shall be

required or permitted to engage in the manual transport of a load

which, by reason of its weight, is likely to jeopardize his or her health

or safety.

It provides that ratifying States shall take appropriate steps to this

effect, particularly as regards training of workers assigned to manual

transport of loads and the use of suitable technical devices.

For women and young workers, their assignment to manual

transport of loads other than light loads shall be limited and the

maximum weight shall be substantially less than that permitted for

adult male workers.


(TR 5.39)

protection of workers

against hazardsarising outof the weight of loads

establishes the generalprinciple that no workershall be requiredor permitted to engagein the manual transportof a load which,

by reason of its weight,is likely to jeopardizehis or her healthor safety

C.127

MAXIMUM WEIGHT, 1967


Working environment (air pollution, noise and vibration), 1977

To keep, as far as possible, the working environment free fromany hazard due to air pollution, noise or vibration.

Th f th C ti i l Lik C ti NS f th

Aim of the standard

Part



The scope of the Convention is general. Like Convention No.

155, it applies to all branches of economic activity67. The ratifying State

may, however68, accept the obligations of the Convention separately in

respect of: (a) air pollution; (b) noise; and (c) vibration.

The Convention provides that, as far as possible, the working

environment shall be kept free from any hazard due to air pollution,

noise or vibration.

To achieve this, technical measures shall be applied to new plant

or processes, or added to existing plant or processes. Where this is not

possible, supplementary organizational measures shall be taken instead.

To this end, national laws or regulations shall prescribe that

measures be taken for the prevention and control of, and protectionagainst, occupational hazards in the working environment due to air

pollution, noise and vibration.

Provisions concerning the practical implementation of the

measures so prescribed may be adopted through technical standards,

codes of practice, and so on. The Convention provides for associating

representatives of employers and workers in this task and for


(TR 5.40)

WORKING ENVIRONMENT

(AIR POLLUTION,

NOISE AND VIBRATION),1977

To keep the workingenvironment as free as possible from any hazard dueto air pollution,noise or vibration

C.148

Protection in particular branches of activity

C ONVENTION N O . 120 Hygiene (commerce and offices), 1964

The respect of elementary hygiene measures in all commercialAim of the standard

Part



and administrative establishments.

All commercial and administrative premises69 used by workers,

and the equipment of such premises, shall be properly maintained and

kept clean.The Convention provides general rules for ventilation, lighting

(preferably natural), temperature, noise, washing and other facilities,

sanitary conveniences, first aid, and so on, and refers to

Recommendation No. 12070 for greater detail.


(TR 5.41)C. 120

HYGIENE (COMMERCE AND OFFICES), 1964

The respect of elementary

hygiene measures in all

commercial and administrative

establishments

All commercial and

administrative premises

used by workers

shall be properly

maintained and kept clean


Safety and health in construction, 1988

To ensure safety and health in construction.

This long Convention, which applies to all construction activities12

(building civil engineering erection and dismantling on a site) from


Aim of the standard

Part



(building, civil engineering, erection and dismantling on a site), from

the preparation of the site to the completion of the project, starts with a

series of definitions. The latter, inter alia, clarify that the term

“employer” means, on a construction site and as the context requires,

the principal contractor, the contractor or the subcontractor.

All appropriate precautions shall be taken to ensure that all

workplaces are safe and without risk of injury to health. To this end

the principal technical requirements are defined, concerning notably:

scaffolds and ladders; lifting appliances and gear; vehicles and earth-

moving or materials-handling equipment; plant, machinery and tools;

work at heights; excavations and shafts; earthworks, underground

works and tunnels; cofferdams and caissons; work in compressed air;

structural frames and formwork; work close to water; demolition;lighting and electricity; explosives and fire precautions; chemical and

other health hazards; personal protective equipment and clothing, first

aid and welfare; information; training; and reporting of accidents and

diseases..

The application of the provisions of the Convention shall be

ensured through laws and regulations based on an assessment of the

p o s o s

(TR 5.42)

SAFETY AND HEALTH

IN CONSTRUCTION, 1988

C.167

To ensure

safetyand healthin construction

Applies toall constructionactivities, fromthe preparationof the site

to the completionof the project


Marking of weight (packages transported by vessels), 1929

The marking of weights of 1,000 kg or more on packages orobjects transported by sea or inland waterways73.

Any package or object of 1 000 kg or more gross weight shallSummary of the

Aim of the standard

Part



Any package or object of 1,000 kg or more gross weight shall

have its gross weight plainly and durably marked upon it on the

outside before it is loaded on a ship or vessel.

It shall be left to national laws or regulations to determine on

whom the obligation for having the weight marked shall fall.


(TR 5.43)

C.27

MARKING OF WEIGHT (PACKAGES

TRANSPORTED BY VESSELS), 1929

Marking of weights of 1, 000 kgor more on packages transportedby sea or inland waterway

National legislation shall assignthe obligation for marking


Occupational safety and health (dock work), 1979

The protection of dock workers.

This long Convention provides in detailed and practical fashion

for the measures to be taken as regards dock work74 to protect workers


Aim of the standard

Part



for the measures to be taken as regards dock work to protect workers

engaged in such operations from any risk of accident or injury to

health.

It revises the Protection against Accidents (Dockers) Convention,

1929 (No. 28)75 and the Protection against Accidents (Dockers)

Convention (Revised), 1932 (No. 32),76 taking technological

developments into account.

It sets out in detail standards for the provision and maintenance

of safe and healthy workplaces, equipment, means of access, training,

information and the necessary supervision, the use of protective

equipment, and the provision and development of first aid and rescue

facilities and emergency procedures. The Convention further lays

down rules for the application of these principles: the responsibilities ofthe competent authorities and of others; cases in which authorizations

are required for notifications and investigations; cooperation between

several employers undertaking activities simultaneously at one

workplace; cooperation between employers and workers, and so on.

It provides for a system of inspections.77

(TR 5.44)

C.152

OCCUPATIONAL SAFETY

AND HEALTH (DOCK WORK), 1979

Protection of dock workers

Describes in detailedand in a very practical fashionthe measures to be takenas regards dock workto protect workers engagedin such operationsfrom any risk of accidentor injury to health

7. Social securityA large number of ILO standards are concerned with the

promotion of social security for workers and their families. Thoseadopted before the Second World War deal with particular risks or

contingencies, whereas the more recent standards cover all or several

branches of social security and take the situation of developing

(TR 5.45)

Part

Social security

social security (minimum standards), 1952

equality of treatment(social security), 1962

maintenance of social security rights, 1982

C.102

C.157

C.118



branches of social security and take the situation of developing

countries into account.

The basic text is Convention No. 102, 1952, which lays down

minimum standards of social security. It was based on systems used in a

number of industrial countries and on the accumulated experience of

ILO technical projects in developing countries between 1930 and 1950.

This Convention is still a benchmark for social security systems

worldwide. The Convention establishes nine branches of a complete

social security system: medical care, sickness, unemployment, old age,

employment injury, family, maternity, invalidity and survivors’ benefits.

The principal standards on social security are grouped as follows,

in accordance with the branches established by Convention No. 102:

General standards (incorporating the branches of social securitylisted above)

Social Security (Minimum Standards) Convention 1952

(No. 102).

Income Security Recommendation, 1944 (No. 67).

employment promotion and protectionagainst unemployment, 1988

invalidity, old age and survivors’benefits, 1967

medical care and sickness benefits, 1969

C.128

C.168

C.130

Workmen’s Compensation (Accidents), Convention, 1925

(No. 17).

Workmen’s Compensation (Occupational Diseases) Convention,

1925 (No. 18).

Equality of Treatment (Accident Compensation), Convention,

1925 (No. 19).

Part



Workmen’s Compensation (Occupational Diseases) Convention

(Revised), 1934 (No. 42).

Employment Injury Benefits Convention, 1964 (No. 121)

(schedule I amended in 1980).

Employment Injury Benefits Recommendation, 1964 (No. 121).

Unemployment benefit

Employment Promotion and Protection against Unemployment

Convention (No. 168) and Recommendation (No. 176), 1988.

Maternity benefit

Maternity Protection Convention, 1919 (No. 3). Maternity Protection Convention (Revised) (No. 103) and

Recommendation (No. 95), 1952.

Family benefit

[See “General standards”, above.]


Social security (minimum standards), 1952

To establish with the requisite flexibility, given the wide variety ofconditions obtaining in different countries, minimum standards for

benefits in the main branches of social security.

Aim of the standard

Part



The Convention deals in a single instrument with the nine main

branches of social security, namely: medical care,78 sickness benefit,78

unemployment benefit,79 old-age benefit,80 employment injury

benefit,81 family benefit, maternity benefit,82 invalidity benefit80 and

survivors’ benefit80.

Acceptance of three of these nine branches is sufficient for

ratification. One at least of the three branches accepted shall be

unemployment benefit, employment injury benefit, old-age benefit,

invalidity benefit or survivors’ benefit. A State may subsequently

accept obligations arising out of other parts of the Convention.

Article 3 of the Convention authorises a certain number of

temporary exceptions for a Member State “whose economy andmedical facilities are insufficiently developed”.

The Convention provides for medical care (and certain other

benefits in kind in certain cases) and for cash benefits in the form of

periodic payments.

In addition to certain common provisions (such as definitions and

administration standards to be complied with by periodic payments


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

having regard to the level of wages in the country concerned.

Thus, the Convention provides, for the calculation of benefits,

three formulas intended for adaptation to a variety of schemes: (a)proportional, or partially proportional benefits linked to the

beneficiary’s previous earnings or family support commitments (Article

65); (b) benefits set at uniform rates or benefits comprising at least a

Part



65); (b) benefits set at uniform rates or benefits comprising at least a

minimum rate based on the wage of an adult male labourer (Article

66); (c) benefits linked to the means of the beneficiary concerned, the

amount of which benefit, where the beneficiary concerned has no

other means justifying a reduction in benefit, is determined in the sameway as in (b) (Article 67).

Non-national residents shall have the same rights as national

residents. However, special rules may be prescribed as regards benefits

payable out of public funds or in respect of transitional schemes (Article

68).

Benefits may be suspended in certain cases, e.g. as long as the

person concerned is absent from the territory of the State, or is

maintained at public expense or at the expense of a social security

institution, or is guilty of a specified misconduct (Article 69). Every

claimant shall have a right of appeal in case of refusal of the benefit or

complaint as to its quality or quantity.

The Convention has provisions with regard to the financing of

benefits and provides that the ratifying State shall accept general


Equality of treatment (social security), 1962

To ensure within the territory of any ratifying State equality oftreatment in respect of social security to refugees, stateless persons and

nationals of another ratifying State.

Aim of the standard

Part



Ratifying States undertake to grant to nationals of any other State

for which the Convention is also in force and to refugees and stateless

persons equality of treatment with their own nationals in respect of

social security.

Such equality of treatment applies to coverage and the right to

benefits. It shall be granted in respect of every branch of social security

for which the ratifying State has accepted the obligations of the

Convention.

Equality of treatment shall be accorded without any condition of

residence.84

The obligations of the Convention may be accepted in respect of

one or more of the following social security branches for which theratifying State has in effective operation legislation covering its own

nationals within its own territory: medical care; sickness benefit;

maternity benefit; invalidity benefit; old-age benefit; survivors’ benefit;

unemployment injury benefit;85 unemployment benefit; and family

benefit.

The Convention does not apply to special schemes for civil



Maintenance of social security rights, 1982

An international system for the maintenance of rights to medicalcare and sickness benefit, maternity, invalidity, old-age, survivors’,

employment injury, unemployment and family benefits in respect of

persons working or residing outside their country.

Aim of the standard

Part



This very technical and complex Convention seeks to promote, on

a general level, wide-ranging but flexible co-ordination between

national social security schemes, taking account of the differences in

their respective levels of development.

Flexibility is assured by a distinction made between provisions

applicable upon ratification and obligations to which application may

be given by bilateral or multilateral agreements.86 Certain derogations

are possible, either by way of special arrangements between countries,

or subject to compensatory guarantees at the date of ratification.

The Convention seeks to protect not only salaried employees and

self-employed persons, within the territory of a ratifying State, but alsosuch other persons as the members of the families of the employees

concerned.

Possible benefits - the payment of which is subject to appropriate

reciprocity according to each case - are in respect of the nine

contingencies referred to above.

The Convention has provisions for adding together periods of


8. Employment of womenThe earlier ILO standards on the employment of women sought

essentially to protect them against abuses in their conditions of work,particularly in the case of maternity, whereas the more recent standards

(including Convention No. 100, on equal remuneration, and

Convention No. 111 on discrimination, which are mentioned above)

(TR 5.46)

Part

Standards concerning the employment of women,

children and young persons

C.3 maternity protection, 1919

C.103 maternity protection (revised), 1952

C.45 underground work, (women) 1935

C.89 night work, (women) (revised), 1948,and protocol, 1990

C.138 minimum age, 1973

C.79 night work of young persons(non-industrial occupations), 1946

C.90 night work of young persons(industry) (revised) 1948



are designed to secure for women workers the same rights and

treatment as those enjoyed by men.

The principal standards on the employment of women are

grouped into the following categories:

Maternity protection

Maternity Protection Convention, 1919 (No. 3) [see under

Social Security].

Maternity Protection Convention (Revised), 1952 (No. 103),

and Recommendation (No. 95), 1952 [see under Social

Security].

Night work

Night Work (Women) Convention, 1919 (No. 4).

Night Work (Women) Convention (Revised), 1934 (No. 41).

Night Work (Women) Convention (Revised), 1948 (No. 89)

(industry) (revised), 1948

C.77 medical examination of young persons(industry), 1946

C.78 medical examination of young persons(non-industrial occupations), 1946

C.182 prohibition and immediate eliminationof the worst forms of child labour

C.124 medical examination of young persons(underground work), 1965

Maternity protection

C ONVENTION N O . 3

Maternity protection, 1919


M t it t ti ( i d) 1952

Part



Maternity protection (revised), 1952

Twelve weeks of maternity leave with entitlement to cash benefits

and medical care.

Scope

A. Convention No. 3 applies to industry and commerce.

B. Convention No. 103 applies to women employed in industrial

undertakings and in non-industrial and agricultural

occupations, including women wage earners working at home

or in domestic work in private households. The sole exception

provided for is family undertakings, but the Conventionauthorises upon ratification exemptions in respect of certain

categories of non-industrial occupations, occupations carried on

in agricultural undertakings other than plantations, domestic

work for wages in private households, women wage earners

working at home or in undertakings engaged in the transport

of passengers or goods by sea


Joint aim of thetwo standards

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

natal, as well as hospitalization care where necessary. Freedom

of choice of doctor and freedom of choice between a public and

private hospital shall be respected.It also states that these benefits shall be provided either by

means of compulsory social insurance or by means of public

funds. In the former case, the cash benefits shall be based on

Part



previous earnings and shall be at a rate of not less than two-

thirds of the woman’s previous earnings so taken into account.

In no case shall the employer be individually liable for the cost

of benefits.

Nursing

A. According to Convention No. 3, the woman shall be allowed

half an hour during her working day to nurse her child.

B. According to Convention No. 103, if the woman is nursing her

child, she shall be entitled to interrupt her work for this

purpose and these interruptions shall be counted as working

hours and remunerated accordingly.

Prohibition of dismissal

A and B. Conventions Nos. 3 and 103 prohibit giving notice of

dismissal to a woman during her absence from work on maternity

leave or giving her notice of dismissal at such a time that the

Night work


Night work (women) (revised), 1948 [and Protocol, 1990]

The prohibition of night work for women in industry, while

allowing some flexibility under certain conditions.

Aim of the standard

Part



g y

Women without distinction of age shall not be employed during

the night1 in any public or private industrial undertaking.2

Certain exemptions, suspensions and reductions of the norm areauthorised by the Convention in clearly defined cases.

The Convention does not apply to women holding responsible

positions of a managerial or technical character or to women employed

in health and welfare services who are not ordinarily engaged in

manual work.

The 1990 Protocol has enlarged the flexibility of the Convention.

Thus, national laws or regulations (adopted after consulting the

organizations of employers and workers) may authorize the competent

authority to modify the duration of the “night” or to introduce

exemptions from the prohibition within certain limits - always after

consulting the organizations of employers and workers - as follows:

• with the agreement of the said organizations in a specific

branch of activity or occupation;


Underground work


Underground work (women), 1935

The prohibition of the employment of women on underground

work in any mine.

Aim of the standard

Part



No female, whatever her age, shall be employed on underground

work in any mine.

Possible exemptions from the prohibition are as follows: femalesholding positions of management who do not perform manual work;

females employed in health and welfare services; females who, in the

course of their studies, spend a period of training in the underground

parts of a mine, or who may occasionally have to enter the

underground parts of a mine for the purpose of a non-manual

occupation.


9. Employment of children and young personsThe ILO’s constant concern for the protection of children is shown

by the fact that the first Convention on the subject was adopted in1919 and that standard-setting activities have continued ever since. The

principal standards on the employment of children and young persons

are grouped into the following categories:

(TR 5.46)

Part









C.90 night work of young persons(industry) (revised), 1948

C.77 medical examination of young persons



Minimum age

Minimum Age (Industry) Convention, 1919 (No. 5)

Minimum Age (Industry) Convention (Revised), 1937 (No. 59)

Minimum Age (Non-Industrial Employment) Convention,

1932 (No. 33)

Minimum Age (Non-Industrial Employment) Convention

(Revised), 1937 (No. 60)

Minimum Age (Agriculture) Convention, 1921 (No. 10)

Minimum Age (Underground Work) Convention (No. 123) and

Recommendation (No. 124), 1965

Minimum Age Convention (No. 138) and Recommendation

(No. 146), 197390

(TR 5.47)

(TR 5.48)

(TR 5.49)

medical examination of young persons(industry), 1946

C.78 medical examination of young persons(non-industrial occupations), 1946



MINIMUM AGE, 1973



C.138/C.182

Minimum age

GeneralException fordeveloping

countries

Basicminimum

age

15 14

Dangerouswork

Normally: 18

Under certain

conditions: 16

NO

EXCEPTIONS

C.138

Medical examination

Medical Examination of Young Persons (Industry), Convention,

1946 (No. 77)

Medical Examination of Young Persons (Non-Industrial

Employment) Convention, 1946 (No. 78)

Medical Examination of Children and Young Persons

Recommendation 1946 (No 79)

Part



Recommendation, 1946 (No. 79)

Medical Examination of Young Persons (Underground Work)

Convention, 1965 (No. 124)

Underground work

Conditions of Employment of Young Persons (Underground

Work) Recommendation, 1965 (No. 125)

Night work


Night work of young persons (non-industrial Occupations), 1946


Night work of young persons (industry) (revised), 1948

Part



Abolition of night work for children and young persons.

A.Convention No. 79 applies to all occupations5 other than

occupations recognised as industrial, agricultural6 or maritime.7

Children under 14 years of age (or older if they are still subject to

full-time compulsory school attendance) shall not be employed

nor work at night during a period of at least 14 consecutive

hours, including the interval between 8 p.m. and 8 a.m.

Persons aged between 14 and 18 years of age who are no

longer subject to full-time compulsory school attendance shall

not be employed nor work at night during a period of at least12 consecutive hours, including the interval between 10 p.m.

and 6 a.m.

The Convention sets the conditions for the few admissible

exceptions and exemptions.

Particularly strict conditions (relating to morality, health and

timing) are set for licences granted for participation in public

Summary of the

provisions

Joint aim of the twostandards

Medical examination


Medical examination of young persons (industry), 1946


Medical examination of young persons (non-industrial occupations), 1946

Part




Medical examination of young persons (underground work), 1965

Compulsory thorough medical examination (periodicallyrenewable) before admission to employment of children and young

persons.

These three Conventions, each having a different scope of

application, allow - through separate ratifications - a certain flexibility

in the adaptation of national standards to international standards.

A+B. Convention No. 77 applies to industry.96

Convention No. 78 applies to all occupations other than

industrial, agricultural and maritime occupations.

Convention No. 78 (only) authorizes the exemption of

certain family undertakings.

The two Conventions are drawn up in similar terms.

They provide that children and young persons under 18


Joint aim of thethree standards95

In occupations which involve high health risks,98 medical

examination and re-examinations for fitness for

employment shall be required until at least the age of 21

years.99

The medical examinations required shall not involve the

child or young person, or his parents, in any expense.

These Conventions also provide for measures of vocational

guidance and physical and vocational rehabilitation of

Part



guidance and physical and vocational rehabilitation of

children and young persons found by medical examination

to be unsuited to certain types of work or to have physical

handicaps or limitations.

Finally, they provide for measures of supervision.

C. Convention No. 124, which applies to employment or work

underground in mines, raises the age limit for periodic

medical examinations to 21 years of age (at intervals of not

more than one year) and requires an X-ray film of the lungs

on the occasion of the initial medical examination and,

when regarded as medically necessary, on the occasion ofsubsequent re-examinations.100

10. Older workersThe ILO’s standard-setting activity provides for the adoption of a

policy to prevent any discrimination against older workers, and of

measures to enable them to continue in employment under satisfactory

conditions and to prepare themselves to retire on a voluntary basis, as

far as possible.

Part




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

The Recommendation on older workers exhorts governments to

take measures to prevent all forms of discrimination against older

workers.

Such measures should be taken after consulting workers’ and

employers’ organizations, and should cover vocational guidance, jobsecurity, remuneration, social security and welfare benefits, conditions

of work and access to health care.

The standard stipulates that older workers should have access to

bodies empowered to examine and investigate complaints regarding

equality of opportunity and treatment.

Studies should be carried out with the participation of older


Aim of the standard

11. Migrant workersThe ILO has long been concerned with the special problems of

migrant workers. The first text on the subject is Convention No. 97, of

1949, which contains a series of provisions designed on the one hand

to assist migrants for employment and on the other to secure equality

of treatment in various fields. In 1975, the ILO adopted Convention No.

143 and Recommendation No. 151, which contain further provisions

(TR 5.50)

Part

Migrant workers

• Migration for Employment Convention (No. 97) and Recommendation (No.86) , 1949.

• Protection of Migrant Workers (Underdeveloped Countries) Recommendation, 1955(No. 100).

• Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143).

• Migrant Workers Recommendation, 1975 (No. 151).

THE PRINCIPAL STANDARDSADOPTED

CONCERNING MIGRANTWORKERS AREAS FOLLOWS:



aimed at eliminating abusive conditions and promoting equality of

treatment and opportunity for migrant workers.

The principal standards adopted regarding migrant workers are

the following:

Migration for Employment Convention (Revised) (No. 97) and

Recommendation (Revised) (No. 86), 1949.

Protection of Migrant Workers (Underdeveloped Countries)


Migrant Workers (Supplementary Provisions) Convention,

1975 (No. 143).

Migrant Workers Recommendation, 1975 (No. 151).


Migration for employment (revised), 1949

A second series of provisions deals with equality of treatment.

These comprise, for States ratifying the Convention, the obligation to

apply, without discrimination in respect of nationality, race, religion or

sex, to immigrants lawfully within their territory, treatment no lessfavourable than that which they apply to their own nationals in respect

of certain matters.102

The Convention also has provisions regarding co-operation

between employment services and other services connected with

Part



p y

migration and the free rendering of public employment services to

migrants.

It prohibits that a migrant for employment who has been

admitted on a permanent basis and the members of his or her family

who have been authorised to accompany or join the migrant be

returned to their territory of origin because the migrant is unable to

follow his or her occupation by reason of illness contracted or injury

sustained subsequent to entry.

States bound by the Convention undertake to permit, taking into

account the limits allowed by national laws and regulations concerning

the export and import of currency, the transfer of such part of theearnings and savings of the migrant as the migrant may desire.103


Migrant workers (supplementary provisions), 1975

Equality of opportunity and treatment and the elimination of

abuses.

This Convention is in two parts dealing respectively with

migrations in abusive conditions and equality of opportunity and

E h S hi h ifi i b d l i d d


Aim of the standard

Part



treatment. Each State which ratifies it may, by a declaration appended

to its ratification, exclude either one or the other part from its

acceptance of the Convention.

Part 1, dealing with migrations in abusive conditions, sets thegeneral obligation to respect the basic human rights of all migrant

workers.

It requires of States for which it is in force to seek to determine

whether there are illegally employed migrant workers on its territory

and whether there depart from, pass through, or arrive in its territory

any movements of migrants for employment in which the migrants are

subjected to conditions contravening international agreements ornational legislation.

All necessary measures shall be taken at the national and the

international level (a) to suppress clandestine movements of migrants

for employment and illegal employment of migrants, and (b) against

the organisers of illicit or clandestine movements of migrants for

employment and against those who employ workers who have

While reserving for the States concerned the latitude to employ

methods appropriate to national conditions and practice, the

Convention defines a series of measures to be taken to this effect.

The Convention does, however, authorise certain limitationsregarding equality of access to employment (free choice of employment

only after a period of lawful residence not exceeding two years,

recognition of certificates and diplomas, restricted access to

employment or functions where this is necessary in the interests of the

Part



State).105

12. Indigenous and tribal peoples and workersin non-metropolitan territories

Several standards have been adopted to protect indigenousworkers against exploitation and coercion.

ILO standards cover several aspects of work that were particularly

relevant to conditions in dependent territories or colonies.

A set of Conventions adopted in 1947 was mainly designed to

(TR 5.51)

Part

Indigenous peoples and workers in non-metropolitan territories

THE PRINCIPLE STANDARDS ON INDIGENOUS PEOPLES

AND WORKERS IN NON-METROPOLITAN TERRITORIES

ARE GROUPED AS FOLLOWS:

1 Indigenous and tribal peoples

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

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

2 Workers in Non-Metropolitan Territories



p y g

apply standards of a more general nature in such territories, dealing

with social policy (No. 82), freedom of association (No. 84), labour

inspection No. 85), and to apply a series of international labourstandards (No. 83).

As regards indigenous and other tribal and semi-tribal peoples in

independent countries, in 1957 the Conference adopted Convention

No. 107 and Recommendation No. 104, which aim to protect these

peoples against abuse, secure their basic rights, and generally improve

their living and working conditions. In 1989, the Conference adopted

Convention No. 169, revising Convention No. 107 in the light of

changes in the position of indigenous and tribal peoples and the

attitude of the international community toward them.

The principal standards on indigenous and non-metropolitan

workers are grouped into the following categories:

Indigenous and tribal peoples

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

Social Policy in Dependent Territories Recommendation(Supplementary Provisions), 1945 (No. 74).

Social Policy (Non-Metropolitan Territories) Convention, 1947 (No. 82).

Right of Association (Non-Metropolitan Territories) Convention, 1947 (No. 84).

Labour Inspection (Non-Metropolitan Territories) Convention, 1947 (No. 85).

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


Indigenous and tribal peoples, 1989

To protect the rights of indigenous and tribal peoples in

independent countries and to guarantee respect for their integrity.This Convention revises the Indigenous and Tribal Populations

Convention, 1957 (No. 107), in order to bring it into line with

developments in international law and in the situation of indigenous

and tribal peoples in all regions of the world


Aim of the standard

Part



and tribal peoples in all regions of the world.

Thus, it provides that governments shall have the responsibility

for developing, with the participation of the peoples concerned, co-

ordinated and systematic action to protect the rights of these peoplesand to guarantee respect for their integrity. To this end it shall be

ensured that they benefit, on an equal footing, from the rights and

opportunities which are granted to other members of the population,

with respect for the social and cultural identity of the peoples in

question as well as their customs and institutions.

These peoples shall enjoy, without discrimination, the full

measure of human rights and fundamental freedoms. Special measures

- which cannot be contrary to their freely expressed wishes - shallsafeguard the persons, institutions, property, labour, cultures and

environment of the peoples concerned.

Various provisions of the Convention deal in detail with the

social, cultural, religious and spiritual values and practices of the said

peoples. Others concern notably their right to decide their own

13. Other special categoriesA number of instruments relate to specific categories of workers

by reason of the particular conditions in which they work or of the

social group to which they belong, namely seafarers, fishermen, dock

workers, agricultural workers and service personnel. Here we shall

mention some of the texts which have special relevance to technical

cooperation programmes.

The principal standards on special categories of workers are

(TR 5.52)

(TR 5.52 bis)

Part

Other special categories of workers (1)

The main standards concerning special categoriesof workers are grouped as follows:

A. SEAFARERS

NationalSeamen’sCodesRecommendation,1920 (No.9) .

Seafarers’IdentityDocumentsConvention,1958 (No.108).Seafarers’Engagement(ForeignVessels)Recommendation,1958 (No.107).

EmploymentofSeafarers(TechnicalDevelopments),Recommendation,1970 (No.139).ContinuityofEmploymentConvention (No.145) andRecommendation(No.154),1976.

MerchantShipping(MinimumStandards)Convention,1976 (No.147) andProtocol(1996).

MerchantShipping(ImprovementofStandards)Recommendation,1976 (No.155).

B. FISHERMEN



The principal standards on special categories of workers are

grouped as follows:

a) SeafarersGeneral standards

National Seamen’s Codes Recommendation, 1920 (No. 9).

Seafarers’ Identity Documents Convention, 1958 (No. 108).

Seafarers’ Engagement (Foreign Vessels) Recommendation,

1958 (No. 107).

Employment of Seafarers (Technical Developments)Recommendation, 1970 (No. 139).

Continuity of Employment (Seafarers) Convention (No. 145)

and Recommendation (No. 154), 1976.

Merchant Shipping (Minimum Standards) Convention, 1976

(No. 147) [and Protocol, 1990].

Hoursof Work(Fishing)Recommendation,1920 (No.7) .

MinimumAge(Fishermen)Convention,1959 (No.112).MedicalExamination(Fishermen)Convention,1959 (No.113).

Fishermen’sArticlesofAgreement Convention,1959 (No.114).

Fishermen’sCompetencyCertificatesConvention,1966 (No.125).Accommodationof Crews(Fishermen)Convention,1966 (No.126).

VocationalTraining(Fishermen)Recommendation,1966 (No.126).


The main standards concerning special categories

of workers are grouped as follows:

C.

INLAND WATERWAYS

HoursofWork (InlandWaterways)Convention,1920 (No.8) .

D.

DOCK WORKERS

DockWorkConvention (No.137) andRecommendation(No.145),1973.

E. PLANTATIONS

PlantationsConvention,1958 (No.110) [andProtocol,1982].PlantationsRecommendation,1958 (No.110).

Certificate of competency

Officers’ Competency Certificates Convention, 1936 (No. 53).

Certification of Ships’ Cooks Convention, 1946 (No. 69).

Certification of Able Seamen Convention, 1946 (No. 74).

General conditions of employment

Wages, Hours of Work and Manning (Sea) Convention

Part



(Revised) (No. 109) and Recommendation (No. 109), 1958.

Repatriation of Seamen Convention, 1926 (No. 23).

Repatriation (Ship Masters and Apprentices) Recommendation,1926 (No. 27).

Paid Vacations (Seafarers) Convention (Revised), 1949 (No. 91).

Seafarers’ Annual Leave with Pay Convention, 1976 (No. 146).

Protection of Young Seafarers Recommendation, 1976 (No. 153).

Repatriation of Seafarers Convention (Revised) (No. 166) and

Recommendation (No. 174), 1987.

Recruitment and Placement of Seafarers Convention (No. 179)

and Recommendation (No. 186), 1996.

Seafarers’ Hours of Work and the Manning of Ships

Convention (No. 180), 1996

Seafarers’ Wages, Hours of Work and the Manning of Ships

Seafarers’ Welfare Recommendation, 1970 (No. 138).

Seafarers’ Welfare Convention (No. 163) and Recommendation

(No. 173), 1987.

Health Protection and Medical Care (Seafarers) Convention(No. 164), 1987.

Labour inspection

Labour Inspection (Seamen) Recommendation 1926 (No 28)

Part



Labour Inspection (Seamen) Recommendation, 1926 (No. 28).

Labour Inspection (Seafarers) Convention (No. 178), 1996

Social security

Unemployment Indemnity (Shipwreck) Convention, 1920 (No. 8).

Unemployment Insurance (Seamen) Recommendation, 1920

(No. 10).

Shipowners’ Liability (Sick and Injured Seamen) Convention,

1936 (No. 55).

Sickness Insurance (Sea) Convention, 1936 (No. 56). Social Security (Seafarers) Convention, 1946 (No. 70).

Seafarers’ Social Security (Agreements) Recommendation,

1946 (No. 75).

Seafarers’ (Medical Care for Dependants) Recommendation,

1946 (No 76)

d) Dock workers

Dock Work Convention (No. 137) and Recommendation (No.

145), 1973.

See also “Protection in particular branches of activity”, above.

e) Plantations

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

Pl t ti R d ti 1958 (N 110)

Part



Plantations Recommendation, 1958 (No. 110).

f) Tenants and share-croppers

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

g) Service personnel

See below:

1. Commerce and offices

2. Catering

3. Nursing personnel

SeafarersThe special nature of the working and living conditions of

seafarers has led the Conference to adopt an extensive range of over 50

Conventions and Recommendations applying specifically to suchworkers and, in certain cases, to fishermen.

General standards

Some of the standards adopted for seafarers are of a general

Part



nature. The most important of these is undoubtedly Convention No.

147, of 1976, which aims to ensure the observance in merchant ships

of a wide range of standards, including those laid down in many of theConventions enumerated below. In particular, any ratifying country

undertakes to have appropriate laws on safety, social security and

conditions of work and life on board ship, and to verify their

application by inspection or otherwise. Another important maritime

Convention of a general nature is Convention No. 108, of 1958, which

requires a government to issue a seafarer’s identity document to each of

its nationals who is a seafarer.

Training and entry into employment

The vocational training of seafarers is dealt with in detail in

Recommendation No. 137, of 1970, and the special employment

problems arising from technical developments on board ship are the

subject of Recommendation No 139 of the same year which contains

minimum requirement of professional competency for masters and

officers, and Convention No. 74, of 1946, provides that able seamen

must hold appropriate certificates of qualification. The obligation for a

ship’s cook to have a proper certificate is also prescribed, in Convention

No. 69, of 1946.

General conditions of employment

Numerous texts on general conditions of employment have been

adopted the most important being Convention No 109 of 1958

Part



adopted, the most important being Convention No. 109, of 1958,

concerning wages, hours of work on board ship, and manning,

Conventions Nos. 91, of 1949, and 146, of 1976, which provide that

seafarers shall be entitled to annual leave with pay of a specified

minimum length, and Convention No. 23, of 1926, regarding the

repatriation of seafarers who have been landed during the term of their

engagement or on its expiry. The latter was revised by Convention No.

166 (supplemented by Recommendation No. 174), of 1987.

Safety, health and welfare

Matters relating to the safety and health of seafarers are regulated

in several ILO standards, including Convention No. 134 and

Recommendation No. 142 (both of 1970) concerning the prevention of

occupational accidents to seafarers, and two Recommendations (Nos.

105 and 106) of 1958 which contain provisions regarding medical

advice by radio to ships at sea and the contents of medicine chests on

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

Pensions Convention, 1946, (No. 71).

In 1987, the 74th (Maritime) Session of the International Labour

Conference adopted Convention No. 165, which revised both the

Sickness Insurance (Sea) Convention, 1936 (No. 56), and the Social

Security (Seafarers) Convention, 1946 (No. 70). According to the new

Convention, ratifying States are bound to comply with its provisions on

minimum and superior standards in respect of at least three of the nine

branches of social security (i.e. medical care, and benefits in the case of

Part



branches of social security (i.e. medical care, and benefits in the case of

sickness, unemployment, old age, employment injury, maternity or

invalidity, as well as family and survivors’ benefits).

FishermenSince most of the Conventions concerning seafarers do not apply

to fishermen, a series of texts has been adopted for this category of

workers. These cover matters such as the minimum age for admission

to employment as fishermen (Convention No. 112, 1959), medical

examinations (Convention No. 113, 1959), articles of agreement(Convention No. 114, 1959), competency certificates (Convention No.

125, 1966), accommodation of crews (Convention No. 126, 1966) and

vocational training (Recommendation No. 126, 1966).

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

Recommendation No. 132, of 1968, indicates a series of measures to be

taken to improve the working and living conditions of tenants,

sharecroppers and other categories of agricultural workers.

Service personnel

Commerce and offices

Part



Noteworthy among the instruments concerning workers

employed in commerce and offices are: the Hours of Work (Commerce)

Convention (No. 30), 1930; the Weekly Rest (Commerce and Offices)Convention, 1957 (No. 106) and Weekly Rest (Commerce and Offices)

Recommendation, 1957 (No. 103); and the Hygiene (Commerce And

Offices) Convention, 1964 (No. 120) and Hygiene (Commerce And

Offices) Recommendation, 1964 (No. 120). (See also Conditions of Work.)

Other instruments concern specific categories of service workers:

CateringConvention No. 172 and Recommendation No. 178, of 1991, deal

with working conditions in hotels, restaurants and similar

establishments.

Article 3:

Activity 1Part

Conventions Nos.87 and 98 Approximate time: 120 min

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

Association and Protection of the Right to Organize Convention, 1948

(No 87) and the Right to Organize and Collective Bargaining

1 Introduction



(No. 87), and the Right to Organize and Collective Bargaining

Convention, 1949 (No. 98).

This activity is designed to: Familiarize trade unionists with the content of these Conventions

Generate discussion on national practice and legislation, with a view

to securing their effective application and promoting their

ratification (in countries yet to ratify them).

You will find copies of Conventions Nos. 87 and 98 attached. Form three groups representing workers, employers and the Ministry

of Labour, respectively, on a national tripartite consultative

commission to advise the government on whether or not to ratify

Conventions 87 and 98.

You have about 60 minutes to prepare your arguments.

2 Content

Annex to activity No. 1

C ONVENTION N O . 87 (1948)

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

Part 1 Freedom of association

Activity 1Part



Part 1. Freedom of association

Article 1

Each Member of the International Labour Organization for which this

Convention is in force undertakes to give effect to the following

provisions.

Article 2

Workers and employers, without distinction whatsoever, shall have the

right to establish and, subject only to the rules of the organization

concerned, to join organizations of their own choosing without

previous authorisation.

Article 3

1. Workers’ and employers’ organizations shall have the right to draw

h d l l h f ll

Article 7

The acquisition of legal personality by workers’ and employers’

organizations, federations and confederations shall not be made subject

to conditions of such a character as to restrict the application of theprovisions of Articles 2, 3 and 4 hereof.

Article 8

1. In exercising the rights provided for in this Convention workers and

l d th i ti i ti lik th

Activity 1Part



employers and their respective organizations, like other persons or

organized collectivities, shall respect the law of the land.

2. The law of the land shall not be such as to impair, nor shall it be soapplied as to impair, the guarantees provided for in this Convention.

Article 9

1. The extent to which the guarantees provided for in this Convention

shall apply to the armed forces and the police shall be determined by

national laws or regulations.

2. In accordance with the principle set forth in paragraph 8 of article 19

of the Constitution of the International Labour Organization the

ratification of this Convention by any Member shall not be deemed

to affect any existing law, award, custom or agreement in virtue of

which members of the armed forces or the police enjoy any right

guaranteed by this Convention


Right to Organize and Collective Bargaining Convention.

Article 1

1. Workers shall enjoy adequate protection against acts of anti-union

discrimination in respect of their employment.

2. Such protection shall apply more particularly in respect of acts

calculated to:

a) make the employment of a worker subject to the condition that

Activity 1Part



a) make the employment of a worker subject to the condition that

he shall not join a union or shall relinquish trade union

membership; b) cause the dismissal of or otherwise prejudice a worker by reason

of union membership or because of participation in union

activities outside working hours or, with the consent of the

employer, within working hours.

Article 2

1. Workers’ and employers’ organizations shall enjoy adequateprotection against any acts of interference by each other or each

other’s agents or members in their establishment, functioning or

administration.

2. In particular, acts which are designed to promote the establishment

of workers’ organizations under the domination of employers or

1. The extent to which the guarantees provided for in this Convention

shall apply to the armed forces and the police shall be determined by

national laws or regulations.

2. In accordance with the principle set forth in paragraph 8 of article 19

of the Constitution of the International Labour Organization the

ratification of this Convention by any Member shall not be deemed

to affect any existing law, award, custom or agreement in virtue of

which members of the armed forces or the police enjoy any right

guaranteed by this Convention.

Activity 1Part



Article 6

This Convention does not deal with the position of public servantsengaged in the administration of the State, nor shall it be construed as

prejudicing their rights or status in any way.

Defining a trade union

strategy on international labour standards A i t ti 120 i

Activity 2Part



Approximate time: 120 min

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

matters related to international labour standards. This department

should monitor ratification and application of the standards in its

country, to enable trade unions better to define a national policy with

regard to them.

The aim of this activity is to devise a national strategy to promote

the ratification and application of international labourstandards.

Check whether your country has ratified the Conventions on basic

human rights (Conventions Nos. 87, 98, 100, 111, 29, 105 and 138).2 Content

1 Introduction

Equal remuneration Approximate time: 120 min

Under the terms of Convention No. 100, a State must encourage and,

in so far as the methods in operation for determining rates of

remuneration permit, ensure that the principle of equal remuneration

1 Introduction

Activity 3Part



p p p q

for men and women workers for work of equal value is applied to all

workers.

The aim of this activity is to discuss:

the content of the Equal Remuneration Convention (No. 100) and

the Equal Remuneration Recommendation (No. 90)

the national situation and the role of trade unions in promoting

respect for the principles contained in those instruments.

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

each. Each group is to appoint a reporter who will put the key points

emerging from the groupwork on to a visual aid (flip chart or

transparency).

Read the full texts of the Equal Remuneration Convention, 1951 (No.

100) d h E l R i R d i 1951 (N 90)

2 Content

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

relevant authorities or by the parties to collective agreements in

your country or region establish direct or indirect sex-based

discrimination? Give examples.

How are rates of remuneration set in your country? Through task

assessment? According to which criteria? Are these criteria objective

or are they unfavourable to women (for instance, by attaching more

importance to strength than to dexterity)? Draw up a list of factors

that should be used to ensure equitable remuneration for men and

Activity 3Part



women.

What are the principle means of exposing cases of discrimination in

remuneration?

In your opinion, what are the main obstacles to the ratification or

application of Convention No. 100 in your country or region?

What is your organization doing to promote the ratification or the

application of Convention No. 100, and what are the main obstacles

it has met in this regard?

Which of the measures listed in Recommendation No. 90 (clause 6),has your country taken to increase the productive efficiency of

women workers and to facilitate the application of the principle?

What role can trade unions, work inspectors, women’s organizations,

committees and individuals play in ensuring respect for the

principle?

Paid educational leave Approximate time: 120 min

The Paid Educational Leave Convention, 1974 (No. 140), recognizes the

need for continuing education and training, and the fact that this need

should be met, at least in part, through paid educational leave.

1 Introduction

Activity 4Part



The aim of this activity is to understand the importance of paid

educational leave for the future development of trade union training

systems.

You will find attached a copy of the Paid Educational Leave

Convention, 1974 (No. 140).

Form small groups to discuss the following points:

How would you define the term “paid educational leave”?

In the context of your own trade union experience, which workers

should have the right to paid educational leave? Should priority be

given to certain categories of workers?

What forms or types of trade union training activity should paid

educational leave cover?

2 Content

Annex to activity No. 4


Paid Educational Leave Convention.

Article 1

In this Convention, the term “paid educational leave” means leave

Activity 4Part



p

granted to a worker for educational purposes for a specified period

during working hours, with adequate financial entitlements.

Article 2

Each Member shall formulate and apply a policy designed to promote,

by methods appropriate to national conditions and practice and by

stages as necessary, the granting of paid educational leave for the

purpose of

a) training at any level; b) general, social and civic education;

c) trade union education.

Article 3

That policy shall be designed to contribute on differing terms as

Article 5

The means by which provision is made for the granting of paid

educational leave may include national laws and regulations, collective

agreements, arbitration awards, and such other means as may be

consistent with national practice.

Article 6

The public authorities, employers’ and workers’ organizations, and

institutions or bodies providing education and training shall be

d l d d

Activity 4Part



associated, in a manner appropriate to national conditions and practice,

with the formulation and application of the policy for the promotion of

paid educational leave.

Article 7

The financing of arrangements for paid educational leave shall be on a

regular and adequate basis and in accordance with national practice.

Article 8

Paid educational leave shall not be denied to workers on the ground of

race, colour, sex, religion, political opinion, national extraction or social

origin.

Article 9

Article 11

A period of paid educational leave shall be assimilated to a period of

effective service for the purpose of establishing claims to social benefits

and other rights deriving from the employment relation, as provided

for by national laws or regulations, collective agreements, arbitration

awards or such other means as may be consistent with national

practice.

Activity 4Part



List of supporting material

TR No. 1: Standards concerning fundamental social rights

TR No. 2: Convention No. 87



TR No 5: Convention No 135

Visual aids

Part





TR No. 7: Conventions Nos. 29 and 105TR No. 8: Convention No. 100



TR No. 11: Ratification of Conventions concerning fundamental social rights

TR No. 12: Employment


TR No. 14: Convention No. 88 TR No. 15: Convention No. 142




TR No. 19: Recommendation No. 127



TR No. 45: Social security

TR No. 46: Standards concerning the employment of women, children and

young personsTR No. 47: Convention No. 138

TR No. 48: Minimum age

TR No. 49: Children at school, not at work

TR No. 50: Migrant workers

TR No. 51: Indigenous peoples and workers in non-metropolitan territories

Part



g p p p

TR No. 52 and No. 52bis: Other special categories of workers

No. 1: Conventions Nos. 87 and 98

No. 2: Defining a trade union strategy on international labour standards

No. 3: Equal remuneration

No. 4: Paid educational leave


International Labour Standards, Workers’ Education Manual, chapter

4

Handbook of Procedures Relating to International Labour

Conventions and Recommendations, Geneva, 1998.


Activities

5



5Transparencies



Purpose and content of standards

Part

Standards concerning fundamental social rights

FREEDOM OF ASSOCIATION



Freedom of Associationand Protection of the Right

to Organize, 1948

C.87Right to Organize and

Collective Bargaining, 1949

C.98


Forced Labour, 1930

C.29


C.105

Part

C.87



The right, freelyexercised, of workers

and employers,without distinction,to organize for furtheringand defendingtheir interests

FREEDOM OFASSOCIATION AND

PROTECTION OF

THE RIGHT TO

ORGANIZE, 1948

Part

R

C.98




COLLECTIVE BARGAINING,1949


Non-interference betweenworkers’ organizationsand employers’ organizations

Promotion of voluntary

Part

C.141



RURAL WORKERS’

ORGANIZATIONS,

1975


Encouragement of their organizations

Participation in economic and social development

Part

C.135



WORKERS’

REPRESENTATIVES, 1971


Part

C.151



LABOUR RELATIONS



Protection against any interference

Part

C.29

Forced Labour




FORCED LABOUR, 1930

C.105

Part

C.100



Equal remuneration

for men and womenfor work of equal value

E QUALREMUNERATION,

1951

Part

C.111



DISCRIMINATION(EMPLOYMENT AND

OCCUPATION),

1958




toward eliminating all discrimination in

respect thereof

Part

C.156

ORKERS WITH FAMILY



WORKERS WITH FAMILY

RESPONSIBILITES,

1981

To create effective equality of opportunityand treatment for men and womenworkers with family responsibilities

Part




Number of ratifications Conventions

No 87 Freedom of Association andProtection of the Right to Organize, 1948

124



Part

Employment

EMPLOYMENT POLICY:



Convention nº 122: Employment Policy, 1964Convention nº 168: Employment Promotion and

Protection against Unemployment, 1988

Recommendation n¡169: Employment Policy




Part

C.122



Objective: full, productive

and freely chosen employment.


Part


C.88






service and the

measures such

a service should take

Part

C.142



HUMAN

RESOURCES

DEVELOPMENT,

1975

Part

C.159



VOCATIONALREHABILITATION

AND EMPLOYMENT

(DISABLED PERSONS),

1983

To ensure

suitable employment and

Part

C. 158



Protects against termination

of employment without valid reason

Establishes the principle

of explaining

terminationof employment

Goes on to list the

reasons which are

TERMINATION OFEMPLOYMENT,

1982

Part

C. 117

SOCIAL POLICY



(BASIC AIMS AND

STANDARDS),

1962 All policies shall be primarily directedto the well-being and development

of the population and to the promotionof its desire for social progress.

Part

C. 127

COOPERATIVES



(DEVELOPING COUNTRIES),1966

Sets national

policy objectives to encouragethe establishment and

development of cooperatives

through appropriate

Part

C.150



LABOUR ADMINISTRATION, 1978

The establishment of an effective

labour administration

with the participationof employers and workers

and their organizations

Part

Labour inspection

C.81 (1947) + protocol (1995)



International labour standards:

INSPECTION OF WORKPLACES TO:

ensure the enforcement of legal provisions

advise employers and workers

provide information for the labour administration

Part

C. 129

LABOUR INSPECTION



Secures, by regular inspection of workplaces,the enforcement of legal provisions for the protectionof workers in agricultural undertakings

Deals with the organization and functioningof inspection services

Defines the functions of labour inspectors

Contains certain innovations which take into account the special

(AGRICULTURE), 1969

Part

C.160

LABOUR STATISTICS, 1985



Maintenance of regular seriesof labour statistics

The subjects to cover

progressively include:

economically active population, employment,

unemployment, under-employment

,

Part

C.144



TRIPARTITE CONSULTATIONS(INTERNATIONAL

LABOUR STANDARDS),

1976

Effective consultation among the

representatives of the government,

of employers and of workers on the

Part

C.154



Promotes free and voluntarycollective bargaining

Applies to all branchesof economic activity

COLLECTIVE BARGAINING, 1981

Part

C. 131



MINIMUM WAGE FIXING, 1970

Protection against excessively

low wages

Protection of all groups of wage earners

Part

C.94




GENERAL PRINCIPLES:



such contracts shall contain

clauses ensuring:

Part

C.95









Part





hours of work

(commerce and offices), 1930

C.30



night work 1990C.171

Part

C. 47

FORTY HOUR WEEK 1935






standard of living

Adoption or encouragement

of measures deemed appropriate


Part






(chemicals occupational cancer 2.





Part

WHITE LEAD (PAINTING) 1921

C.13






sulphates of lead


Part

C.115

RADIATION



PROTECTION,

1960


against ionizing radiations•

Part

C.136

BENZENE 1971



BENZENE, 1971



Part

C.139

OCCUPATIONAL

CANCER



PREVENTION OF

OCCUPATIONAL CANCER


CANCER

1974

Part

C.162

ASBESTOS 1986



ASBESTOS, 1986

Prevention of occupational

hazards due to asbestos

Applies to all activities involvingth f k t b t

Part

C. 170

CHEMICALS 1990



CHEMICALS, 1990

To prevent chemically

induced illnessesand injuries at work

Part

C.119





Applies to all power-drivenmachinery, new or second-hand

Part

C.127




protection of workersagainst hazardsarising out

of the weight of loads

Part

WORKING ENVIRONMENT

C.148



WORKING ENVIRONMENT

(AIR POLLUTION,

NOISE AND VIBRATION),

1977

To keep the working

Part

C. 120





hygiene measures in allcommercial and administrative

establishments

Part

SAFETY AND HEALTH


C.167




To ensure

safety

and healthin construction

Part

C.27

MARKING OF WEIGHT (PACKAGESTRANSPORTED BY VESSELS) 1929



MARKING OF WEIGHT (PACKAGESTRANSPORTED BY VESSELS), 1929

Marking of weights of 1, 000 kgor more on packages transportedby sea or inland waterway

Part

C.152

OCCUPATIONAL SAFETY






Describes in detailedand in a very practical fashionthe measures to be taken



Part











C 90 night work of young persons

Part

MINIMUM AGE, 1973

C.138/C.182





Part

Minimum age

General

Exception for

developingC.138



countries

Basic

minimum

age

15 14

Part

Children at school, not at work

THE PROBLEM

OF CHILD LABOUR:



The way this problem has evolved led to the adoption of theMINIMUM AGE CONVENTION, 1973 (No. 138), which concernsadmission to employment or work, and which should graduallysupersede the earlier texts.

It was supplemented by Recommendation No. 146, 1973.

THE PROBLEM OF

Part

Migrant workers

THE PRINCIPAL STANDARDS ADOPTED

CONCERNING MIGRANT WORKERS ARE AS FOLLOWS:




• Protection of Migrant Workers (Underdeveloped Countries) Recommendation, 1955 (No. 100).



Part










2

Part






A. SEAFARERS


Seafarers’ Identity Documents Convention, 1958 (No. 108).Seafarers’ Engagement (Foreign Vessels) Recommendation, 1958 (No. 107).

Employment of Seafarers (Technical Developments), Recommendation, 1970 (No. 139).

Continuity of Employment Convention (No. 145) and Recommendation (No. 154), 1976.

Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147) and Protocol (1996).

Part






C. INLAND WATERWAYS

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

D. DOCK WORKERS

k k d d

6


International Training Centre

of the ILO - Turin

6The procedure of setting, submission,ratification, denunciationand revision of

international labourt d d



international labour standards

6

Part

Contents

364 Objectives


367 Procedure of setting, submission, ratification, denunciation and revision of international labour standards



1. Standard setting

a. Placing an item on the Conference agenda

b. Double-discussion procedure

c. Single-discussion procedure

2. Submission

3.Ratification

4. Denunciation

5. Revision

372 Activities




Part

ACTIVITIES TEACHING TEACHING TIMEMETHODS MATERIAL

1Present the general objective and Presentation Flip chart 10 mn

the specific objectives of part 6.

2

Present the teaching unit: Presentation 60 mn

“The procedure of setting, and discussionsubmission, ratification, denunciationand revision of standards”:



and revision of standards :- Background to the problem- Placing an item on the TR 1

International LabourConference agenda

- Double-discussion procedure TR 1and preparatory reports

- Single-discussion procedure- Submission TR 2 3- Ratification, denunciation, TR 2

The procedure of setting, submission,ratification, denunciationand revision of

international labourstandards

Part




Standard setting

Placing an item on the agenda of the InternationalLabour ConferenceOnce the problem has been identified the first stage in adopting a

Convention or Recommendation is to place the item on the agenda of

the International Labour Conference. The Governing Body establishes

the Conference agenda and determines the items to be placed on it,

based on proposals tabled by the Director-General.

The Conference itself may, on a two-thirds majority, decide to

include an item on the agenda of the following session.

In deciding to place items on the Conference agenda the

Governing Body must consider suggestions from governments,

employers’ and workers’ organisations or from “any public

international organisation”.

Placing an item onthe agenda of theInternational Labour

Conference(TR 6.1)

Part

Adoption of Conventions and Recommendations

A PROBLEM IS IDENTIFIED AT NATIONAL AND INTERNATIONAL LEVEL

The Governing

Body placesthe question on

the Conference

agenda

INTERNATIONAL

LABOUR

CONFERENCE

The Office prepares and submits

a report on law and practice

The Office analyses comments

and prepares draft conclusions

Commentsof governments,

employers

and workers

First discussion

by a special tripartite

Committee

Final discussion


Committee

G

E W

Comments

of governments,

employers

and workers

INTERNATIONAL

LABOUR

CONFERENCE

G

E W

The Office submits a summaryof the discussion and a draft instrument

The Office prepares a revised

draft instrument


with a two-thirds majority



Double-discussion procedureOnce the Governing Body has placed the item on the Conference

agenda the International Labour Office (ILO) prepares a comparative study

of law and practice in the Member States in relation to the item

concerned. This is a complex task, firstly because of the number ofMember States in the ILO and also because the subjects covered by the

standards are often highly technical.

On the basis of this study the Governing Body decides whether it

is or is not appropriate to go ahead with the standards procedure If the

Report on law andpractice and

Comparative study

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

representatives of governments, employers and workers, makes the

amendments to the texts its members consider necessary. On the basis

of this revised text the Conference adopts the conclusions and decides

either to place the item on the agenda of the following session or to ask

the Governing Body to place the question on the agenda of a latersession.

After this first examination by the Conference the Office drafts

the provisional text of the Convention and/or Recommendation (draft

instrument) and sends it to governments in the two months following

the end of the Conference session. Governments have three months to

submit amendments or make other suggestions. They must again

consult the workers’ and employers’ organisations (this is an obligationwhen they have ratified Convention No. 144).

On the basis of further government replies the Office thenFinal report

Draft instrument

Part



On the basis of further government replies the Office then

prepares a final report containing the (amended) texts of the

Conventions or Recommendations, which are again sent to

governments at least three months before the following session of the

Conference. They are also normally sent to the trade union

organisations.

The report of the Conference Tripartite Committee is submitted to

a plenary session of the Conference for adoption, and the drafts thus

adopted are referred to the Drafting Committee for preparation of the

final text. Texts of instruments approved by the Drafting Committee are

Adoption

Final report

SubmissionBy virtue of article 19 of the ILO Constitution all Member States

undertake to bring all Conventions and Recommendations before the

competent national authorities vested with the power to legislate. The

obligation for each government to bring an instrument before thecompetent authorities does not involve an obligation to propose its

ratification or application. In bringing Conventions and

Recommendations before the competent authorities governments are

free to determine the nature of the proposals to be made. Convention

No. 144, however, envisages consultations with employers’ and

workers’ organisations before submitting proposals.

Proposals should be submitted to the competent authorities in the12 months following the end of the session of the Conference which

adopted the instruments concerned. In exceptional circumstances this

Submission

(TR 6.2)

(TR 6.3)

Part

rticle 19 of the Constitution of t he ILOobliges each Member to bring allnew Conventions and Recommendations

before the competent legislative authoritiesin the 12 (exceptionally 18) months followingtheir adoption

Submission and ratification by Member States

ember States must inform the ILO

of the measures taken to bring the instruments

before the competent bodies

atifications are registered and all Member

States receive notification,

as does the Secretary-General of the United Nations

here is no obligation to ratify a Convention

nratified instruments continue to provide

useful guidanceU

R

T

M

A

The submission

The employers’ and workers’ organisations

Text sent to Member States and nationalemployers’ and workers’ organisations

Submission to the national authorities

within 12(18) months

Consultation of employers’ and workers’

organisations on the nature of suggestions

1

2

3



time limit can be extended to 18 months.

Given that the aim of article 19 is to encourage an appropriate

examination of instruments by the competent national authorities, the

submission of Conventions and Recommendations should always be

accompanied by a report outlining the opinion of governments

regarding the decisions to be taken to enact the standards.

The Member States must inform the Director-General of the ILO

of the measures taken to bring the Conventions and Recommendations

before the competent authorities.


to be made to the authorities with the power to legislate

Obligation to produce a report for the Director-General

of the ILO on: measures taken within the framework

of submission, decisions of the competent authorityand comments received from employers’

and workers’ organisations

Communication of the report to employers’


4

5

Before becoming binding for a ratifying State a Convention must

come into force. ILO Conventions normally come into force 12 months

after registration of the second ratification and afterwards for each

ratifying State 12 months after its ratification (some Conventions,

notably maritime, require a greater number of ratifications before they

initially come into force).

DenunciationEvery ILO Convention contains an article determining the

conditions in which States which have ratified it may subsequently

denounce it, i.e., declare that they no longer wish to be considered

bound by its provisions.

Denunciation

Part



RevisionThe revision of Conventions and Recommendations is an

important condition for their updating. This is a continuous process

which falls within the framework of the standard-setting action of the

ILO and is necessary because of social and economic changes.

The process which ends in a decision to revise a Convention or

Revision

Procedure for adoptinginternational labour standards

Approximate time: 60 min

This activity is designed to analyse the different stages in adopting

international labour standards and to reinforce the role of trade union

organisations in this procedure.

Form small work groups.

Reconstruct the logical sequence of the procedure for adopting2 Content

1 Introduction

Activity 1Part



g q p p g

the transfer from one stage to another and highlight the role of

Each reporter will present the sequence agreed by their group to the

plenary.3 Progress report

international labour standards on a flip chart, explaining

trade union organisations in this procedure.

The adoption procedure Approximate time: 60 min

The procedure for adopting an international labour standard

(Convention or Recommendation) develops over a period of two years.

The workers’ organisations play an important and often crucial role in

this procedure.

This exercise is designed to reinforce the contribution of trade union

organisations, represented by the participants, in the mechanism of

adopting international labour standards.

1 Introduction

Activity 2Part



Form work groups.

After analysing the procedure for adopting international labour

standards and defining the role that must be played by the different

workers’ organisations, each group must present the national

experience in this area, explaining in particular the type of co-operation their respective organisation develops with the government

and with employers’ organisations.

You should also indicate what measures you think are likely to improve

such co-operation in the procedure for adopting international labour

2 Content


TR No. 6.1 Adoption of Conventions and RecommendationsTR No. 6.2 Submission and ratification by Member States

TR No. 6.3 Submission

No. 1 Procedure for adopting international labour standards

No. 2 The adoption procedure

Activities

Visual aids

Part




International labour standards, Workers’ Education Manual,

Chapters 3 and 5

Handbook of procedures relating to international labour

Conventions and Recommendations, Geneva, 1998, parts 1,2 and 3

List of ratifications


6


International Training Centre

of the ILO - Turin

6TransparenciesThe procedureof setting, submission, ratification,denunciation and revision of




Part

Adoption of Conventions and Recommendations


The Governing

Body placesthe question on

the Conference

d



The Office analyses comments

d d f l i

Commentsof governments,

employers

and workers



agenda

INTERNATIONAL

LABOURCONFERENCE

and prepares draft conclusionsand workers

First discussion

by a special tripartiteCommittee

G

E W

Th Offi b i

Part

rticle 19 of the Constitution of the ILOobliges each Member to bring all

new Conventions and Recommendations before the competent legislative authoritiesi th 12 ( ti ll 18) th f ll i

Submission and ratification by Member States

A



in the 12 (exceptionally 18) months followingtheir adoption

ember States must inform the ILOof the measures taken to bring the instruments


M

Part

The submission


Text sent to Member States and national

employers’ and workers’ organisations1



p y g





to be made to the authorities with the power to legislate

2

3

7



7 Application of

standards:regular supervisory machinery



7

Part

Contents

388 Objectives


391 Application of standards: regular supervisory machinery

391 1. Reports on ratified Conventions

a. System of sending reports

b. Content of detailed reports



b. Content of detailed reports

c. Content of simplified reports

d. Consultation of employers’ and workers’ organisations

e. Summary

397 2. Reports on unratified instruments

398 3. The Committee of Experts

a. Composition, fundamental principles and terms of reference

b. Comments of employers’ and workers’ organisations

c Report of the Committee of Experts

Objectives

At the end of part seven participants will be able to enhance theparticipation of workers’ organisations in the system of regular

supervision of the application of international labour standards.

They will in particular be able to:

identify the provisions of the ILO Constitution concerning regular

supervision; analyse the procedure relating to the system of sending reports;

identify the key points in preparing detailed reports and simplified

Specific objectives

General objective

Part



y y p p p g p p

reports;

identify the role the workers’ organisations may play in the regular

supervisory machinery;

draft the comments of the workers’ organisations;

describe the composition and terms of reference of the Committee of

Experts and the Conference Committee on the Application of

Standards;

express how workers’ organisations may participate in following up


Part


1 Present the general objective and the Presentation 10 mn

specific objectives of part 7: “Applicationof standards: regular supervisory machinery”

2 Present the following points of this Presentation and 30 mn

teaching unit: discussion Regular supervisory machinery TR 1



Regular supervisory machinery TR 1 Reports on ratified Conventions TR 2 3 4 5

6 7 Reports on unratified instruments Committee of Experts TR 8 9 Comments of employers’ and TR 10

workers’ organisations Report of the Committee of Experts TR 11 General survey TR 12

Application of

standards:regular supervisory machinery

Part



One of the distinctive features of international labourConventions is that they are international treaties but they essentially

concern matters which for many years were considered to fall

exclusively within the competence of each State. The instruments thus

adopted since 1919 by the International Labour Conference are novel

Regular supervisorymachinery

(TR 7.1)

Supervisory machinery

Government reports

Employers’ and workers’ comments

System of sending reportsIn November 1993 the Governing Body modified the system of

sending reports to come into force in 1996 for a trial period of five

years, except for the most important Conventions. This system is as

follows:

System of sendingreports

(TR 7.3)

Part

Every5 yearsfrom 2000




Reports on ratified Conventions (2)

LIST OF YEARS FOR WHICH A REPORT IS DUE

Conventions for which a simplified report is r equested every five years

Priority Conventions for which a detailed reported is due every two years

101316193233

536062697374

102113118123 125128134138 139145152157

379

26586884 919299

103110 112119120 126 131133135137 141146153163 164165166170 172173174

1258

27304445

47596382

8896

108117130136 142147160167 168169

41112171841

428589

121127 148149150151

154155156158 159161162171

61422232425

525556717778 7990949597

101106

107114

115124132140

143

2987

100122 129

8198

105111 144

2987

100122 129

8198

105111 144

2987

100122

129


First and second reports

A first detailed report (for the content of a detailed report, see below) is requested in the year following that in which a Convention

comes into force in a given country.

A second detailed report is requested two years after the first (or

First and secondreports



A second detailed report is requested two years after the first (or

one year after, if that is the year when a periodic report is in any event

due from all Member States bound by that Convention).

Periodic reportsSubsequent reports are requested periodically on one of the

following bases, on the understanding that the Committee of Experts

on the Application of Conventions and Recommendations may request

detailed reports outside the normal frequency (the formation and

Periodic reports

Five-yearly reports

Simplified reports (see below for the content of a simplified

report) are requested every five years on other Conventions, according

to the table below. A detailed report is nevertheless requested in the

following cases:

where the Committee of Experts has made an observation or adirect request calling for a reply;

where the Committee of Experts considers that a detailed

report should be communicated on account of possible changes

in law or practice in a Member State which might affect its

application of the Convention.

Non-periodic reportsNon-periodic detailed reports on the application of a Convention

are requested in the following cases:

Non-periodic reports

(TR 7.5)

Five-yearly reports

(TR 7.4)

Part

Detailed two-yearly reports

Five-yearly reports

Every five years for other Conventions

FREEDOM OF ASSOCIATION No. 87 and 98

ABOLITION OF FORCED LABOUR No. 29 and 105

EQUAL TREATMENT AND OPPORTUNITY

No. 100 and 111

EMPLOYMENT POLICY No. 122

LABOUR INSPECTION No. 81 and 129

TRIPARTITE CONSULTATION No. 144



when the Committee of Experts, on its own initiative or that of

the Conference Committee on the Application of Standards, so

requests;

when the Committee of Experts is called on to consider the

follow-up to proceedings instituted under articles 24 and 26 of

the Constitution or before the Committee on Freedom of

Association;

when comments have been received from national or

DETAILED IN THE FOLLOWING CASES

Non-periodic reports

Request from Committee of Expertsor Conference Committee

on the application of standards

Article 24 and 26 or Committee on Freedomof Association

Inadequate comments submitted

Continuous absence of reply

Content of detailed reportsA detailed report should be submitted in the form approved by

the Governing Body for each Convention. The replies should aid in the

preparation of information which will enable the supervisory bodies to

evaluate the manner in which the Convention is applied. The report

form includes the following questions, among others:

• laws and regulations

• permitted exclusions, exceptions or other limitations

• implementation of the Convention: for each article of the

Convention, the provisions of legislation or other measures

applying it

• constitutional provisions giving the Convention the force of law• replies to the comments by the supervisory bodies

• authorities responsible for enforcing the relevant laws,

regulations etc and information on their activities

Content of detailedreports

(TR 7.6)

Part

GOVERNING BODY FORM

FOR EACH CONVENTION

Detailed reports

Laws, regulations, etc.

Permitted exclusions, exceptions or other limitations (article 22)

Implementing the convention: for each article, legislative

or other provisions which give effect to the convention

Constitutional provisions giving force of law to the ratified convention

Replies to comments by the supervisory bodies

Authorities responsible for the application of relevant laws

and regulations and information on their activities

Legal or administrative decisions

General appreciation by the government on the application of the convention

Observations of employers’ and workers’ organisations

Communication of copies of reports to employers’ and workers’ organisations



regulations etc. and information on their activities

• judicial or administrative decisions

• general evaluation of the government on how the Convention

is applied (with supporting statistics)

• observations of employers’ and workers’ organisations

Content of simplified reports

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

reports on the application of ratified Conventions should be

communicated to representative organisations of employers and workers.

This may be done either prior to finalisation of the report, inviting

comments which can still be taken into account, or at the same time as

the reports are sent to the Office. In any event, when forwarding theirreports to the ILO, governments should indicate the organisations to

which communication has been made. These organisations may make

any observations they wish on the application of ratified Conventions.

Observations may be received by a government directly from an

organisation, concerning the implementation of a ratified Convention

or relevant legislation. They may or may not relate specifically to one of

the government’s reports. Full details - normally including a copy of the

observations - should be sent in the government’s report, together with

the government’s response, if any. Observations may alternatively be

received by the Office straight from an organisation: in this case the

Observations ofemployers’ andworkers’organisations

Communication ofreports toemployers’ andworkers’organisations

Part



Office acknowledges receipt and simultaneously forwards a copy to the

government concerned, so that it may respond.

SummaryUnder article 23, paragraph 1, of the Constitution, a summary of

reports on the application of ratified Conventions has to be laid before

the next meeting of the Conference.

Reports on ratified ConventionsList of years in which a report is due

(TR 7.3)

Part

CONVENTIONS FOR WHICH A SIMPLIFIED REPORTS ISREQUESTED EVERY FIVE YEARS

Every 5 years Every 5 years Every 5 years Every 5 years Every 5 years

from 1996 from 1997 from 1998 from 1999 from 2000

10 3 1 4 6

13 7 2 11 14

16 9 5 12 22

19 26 8 17 23

32 58 27 18 24

33 68 30 41 25

53 84 44 42 52





Reports on ratified Conventions (2)


Conventions for which a simplified report is r equested every five years


101316193233

536062697374

102113118123 125128134138 139145152157

379

26586884 919299

103110 112119120 126 131133135137 141146153163 164165166170 172173174

1258

27304445

47596382

8896

108117130136 142147160167 168169

41112171841

428589

121127 148149150151

154155156158 159161162171

61422232425

525556717778 7990949597

101106

107114

115124132140

143

2987

100122 129

8198

105111 144

2987

100122 129

8198

105111 144

2987

100122

129




60 91 45 85 55

62 92 47 89 56

69 99 59 121 71

73 103 63 127 77

74 110 82 148 78102 112 88 149 79

113 119 96 150 90

118 120 108 151 94

123 126 117 154 95

Reports on unratified instrumentsThe Governing Body may request Member States to issue a report

at appropriate intervals on law and practice concerning the questions

dealt with in a Convention, even where the State has not ratified the

Convention. The State concerned is simultaneously called upon to

express any difficulties which might prevent or delay the ratification ofthe Convention concerned. At the same time the State may therefore

periodically re-examine the possibility of ratifying certain Conventions

or the application of certain Recommendations.

Similarly Member States may be called upon to report at

appropriate intervals on the position of law and practice in their

respective countries concerning a question dealt with by a

Recommendation.

In practice the Governing Body requests such reports every yearon one or several instruments concerning a particular topic.

Reports received in this way are examined by the Committee of

Experts on the Application of Conventions and Recommendations,

Reports on unratifiedinstruments

Part



Experts on the Application of Conventions and Recommendations,

whose conclusions are published annually in the form of general

surveys.

Unratified instruments provide valuable guidance which many

countries follow voluntarily in the absence of a specific obligation.

The Governing Body has adopted a model questionnaire for

reports on unratified Conventions and Recommendations, and in

certain cases a special form asking specific questions on the instruments

in question.

Report forms(unratifiedConventions andRecommendations)

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

have to communicate copies of all reports on unratified Conventions

and on Recommendations to representative organisations of employers

and workers and indicate, when forwarding their reports to the ILO,

the organisations to which communication has been made. These and

any other employers’ or workers’ organisations may make anyobservations they wish on the subjects in question.

Under article 23, paragraph 1, of the Constitution, a summary of

reports on unratified Conventions and on Recommendations has to be

laid before the next meeting of the Conference.

The Committee of ExpertsGovernment reports are examined initially by the Committee of

Experts on the Application of Conventions and Recommendations. The

The Committee ofExperts

Summaries ofreports

Communication ofreports toemployers’ andworkers’organisations

Part



p pp

Committee meets on dates set by the Governing Body. Meetings

currently take place towards the beginning of December each year.

Composition, fundamental principles and terms of referenceMembers of the Committee are appointed by the Governing Body

on the proposal of the Director General for renewable periods of three

Composition,fundamental

When it examines the effect given to ratified Conventions, the

Committee of Experts does not have to limit itself to the information

provided by governments.

The documentation available to the Committee includes: the

information supplied by governments in their reports or in the

Conference Committee on the Application of Standards; relevantlegislation, collective agreements and relevant court decisions;

information supplied by States on the results of inspections; comments

of employers’ and workers’ organisations; reports of other ILO bodies

(such as commissions of inquiry or the Governing Body Committee on

Freedom of Association); reports on technical co-operation activities;

and reports of other United Nations bodies (e.g., report of the

Commission on Human Rights).

Comments of employers’ and workers’ organisationsM f h f l ’ d k ’ i iC f

Part



Most of the comments of employers’ and workers’ organisations

received by the Committee of Experts are forwarded directly to the

Office, which according to the practice established by the Committee

communicates them to the governments concerned for comments.

The comments of workers’ organisations on the application ofratified Conventions and in general on all matters which may be dealt

with in government reports are very important. Workers may thus

participate fully in the ILO supervisory machinery, virtually

Comments ofemployers’ andworkers’organisations

(TR 7.10)

Comments of employers’ and workers’ organisations

T he comments of employers’ and workers’organisations received by the Committee of Expertsare forwarded directly by the Office to the governmentsconcerned for comments

Other comments addressed to certain governments by the

Director-General of the ILO on behalf of the Committee take the form

of direct requests1; these are also sent to the workers’ and employer’s

organisations for information.

Part three: this comprises a general survey of national law andpractice in relation to the instruments on which reports have been

supplied on unratified Conventions and on Recommendations under

article 19 of the Constitution. The general reports are an authoritative

reference on law and practice throughout the entire world in relation

to a particular subject.

The Committee of Experts’ report is published in March and is

immediately sent to governments. Under the constitutional obligations

assumed by all Member States, organisations representative of

employers and workers should be sent a copy.

General survey(TR 7.12)

Part

General survey (art 19 of the Constitution)

The general surveys are an authoritative referenceon law and practice throughout the whole world

in relation to a particular subject.

Reports received bythe Member States

concerning unratified

instruments are examined

by the Committee of Experts,whose conclusions are published

annually in the form

of a general survey.



Conference Committee on the Applicationof StandardsThe Committee of Experts’ report is submitted to the International

Labour Conference at each of its annual meetings. It is then examined

ConferenceCommittee on theApplication of

the information and reports concerning Conventions and

Recommendations communicated by Members in accordance

with article 19 of the Constitution (on submission and on

unratified Conventions and Recommendations);

the measures taken by Members under article 35 of the

Constitution.The Committee has to submit a report to the Conference.

Organisation of the Committee’s workFollowing the independent technical examination of documents

carried out by the Committee of Experts, the proceedings of the

Conference Committee present an opportunity for representatives ofgovernments, employers and workers to meet and review the manner

in which States are discharging their obligations under and relating to

Conventions and Recommendations. Governments are able to amplify

Part



information previously supplied, indicate further measures proposed,

draw attention to difficulties met with in discharging their obligations,

and seek guidance as to how to overcome such difficulties.

Documents before the CommitteeThe Committee has to consider Report III, Parts 1, 2 and 3, in

hi h th t d i f ti b itt d b t

Documents beforethe Committee

Consideration of individual cases

The officials of the Committee prepare a list of observations

contained in the Committee of Experts’ report in respect of

which it considers it desirable to invite governments to supply

information to the Committee. The list is submitted to the

Committee for approval.

Governments addressed by the observations in the approved

list have a further opportunity to submit written replies, the

substance of which will appear in a document for the

information of the Committee. The latter may then decide

whether or not it wishes to receive supplementary oral

information from a representative of the government

concerned.The Committee invites representatives of the governments

concerned to attend one of its sittings to discuss the observations in

question. Governments which are not members of the Committee are

Part



question. Governments which are not members of the Committee are

kept informed of its agenda and the date on which it wishes to hear

statements from their representatives through the Conference Daily

Bulletin.

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

Since its foundation the ILO has endeavoured to establish effective

methods for supervising the application of international labour1 Introduction

Activity 1 Part



methods for supervising the application of international labour

standards acceptable to Member States.

Form small work groups. After listing the machinery for supervising theapplication of international labour standards, each group should discuss

the following points:

What do the ILO’s regular supervisory procedures consist of?

2 Content

Regular supervision of the application of standards: observations of workers’ organisations Approximate time: 60 min

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

responsible for communicating a copy of all reports on ratified and1 Introduction

Activity 2 Part



p g py p

unratified Conventions and Recommendations to the organisations

representative of employers and workers. These organisations and any

other employers’ or workers’ organisation may make observations on

the subjects concerned if they wish.The aim of this activity is to highlight the importance of this

opportunity for trade unions to present observations on the application

of international labour standards in their respective country. This will

2nd group

Your country has not ratified Convention No. 111. Your government

has drafted and forwarded to the International Labour Office the report

on the position of its law and practice concerning Convention No. 111

(article 19 of the ILO Constitution) without consulting the workers’

organisations. Your organisation has therefore decided to send this

information directly to the Office.

Each reporter will present the information provided for each country

represented in your group to the plenary.3 Progress report

Activity 2 Part




TR No. 7.1 Supervisory machineryTR No. 7.2 Reports on ratified Conventions (1)

TR No. 7.3 Reports on ratified Conventions (2)

TR No. 7.4 Detailed two-yearly reports

Five-yearly reports.

TR No. 7.5 Non-periodic reports

TR No. 7.6 Detailed reports

TR No. 7.7 Simplified reports

TR No. 7.8 The Committee of Experts

TR No. 7.9 Texts examined by the Committee of Experts

TR No. 7.10 Comments of employers’ and workers’ organisations

TR No. 7.11 Committee of Experts’ report

Visual aids

Part



f p p

TR No. 7.12 General surveys

TR No. 7.13 The Conference Committee on the Application

of Standards (1)

TR No. 7.14 The Conference Committee on the Applicationof Standards (2)

9



9Transparencies

Standards

and technical co - operation



Part

Interaction between international labour standards and technical co-operation

THESTANDARD-SETTING

PROCEDURE

TECHNICALCO-OPERATION



Suggests the objective

of technical co-operation

Helps to identify

Helps to overcome

difficulties

of implementation

Ensures feedback

Part

A. Overall active partnership policy in close

co-operation with the three constituents

Assistance offered by the ILO



B. The ILO works in the field with its decentralised

offices and multidisciplinary teams

10



10T he standard setting of

the ILO and globalisation: - revision of standards - Declaration on

Fundamental Principlesand Rights at Workand its Follow up



and its Follow-up

10

Part

Contents

498 Objectives


501 Revision of standards, the standard setting of the ILO and

globalisation

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



507 Conclusion

508 Activities

1. Revision of standards

2 Trade union action and globalisation

Objectives

At the end of part 10 participants will be able to support their tradeunion organisations in discussions concerning:

- the updating and enhancement of the standards system;

- the promotion of respect of fundamental principles and rights at

work.


discuss the Governing Body’s policy of revising standards according

to the national situation;

identify trade union action to be taken in relation to standards

proposed by the Governing Body for ratification/denunciation;

Specific objectives

General objective

Part



p p y g y

contribute to the promotion of respect of principles stated in the ILO

Declaration on Fundamental Principles and Rights at Work and its

Follow-up.


Part


1Present the general objective and Presentation Flip chart 10 mn

the specific objectives of part 10:“Revision of standards, thestandards setting of the ILO andglobalisation”

2Present the teaching unit: Presentation and TR 1 2 3 30 mn

“Revision policy” discussion

4

5



3

Present and hand out activity No. 1: Work group Flip chart 90 mn

“Revision of standards”

4Continue presentation of the teaching Presentation and Flip chart 30 mn

T he standard setting of

the ILO and globalisation: - revision of standards - Declaration on Fundamental

Principles and Rightsat Work and its Follow-up

Part



Revision policyIn 1995 the Governing Body set up a work group on the

standards revision policy within the Commission on Legal Matters and

International Labour Standards, with the aim of updating and

reinforcing the ILO standards system This work group has carried out

Revision policy

(TR 10.1 and 10.1bis)

(TR 10.2)

The Governing Body also decided to invite the States which are

party to the Conventions to examine the possibility of ratifying a

corresponding recent Convention at the same time as denouncing the

initial Convention. Finally, certain decisions are designed to promote

the ratification of up-to-date Conventions.

The Governing Body believes that certain Conventions no longer

correspond to current needs and have become inappropriate or

obsolete. It has thus decided to set these Conventions aside with

immediate effect. The Governing Body has stressed that the

implementation of these decisions involves tripartite consultations in

the Member States, taking account in particular of the procedures

provided for within the framework of the Convention (No. 144) on

tripartite consultations on international labour standards, 1976, and the

Recommendation (No. 152) on tripartite consultations on InternationalLabour Organisation activities, 1976.

While supporting this policy, the aim of which should be to

update obsolete instruments, workers have stressed their concern not

to reduce the degree of protection of workers. In 1997 the standards

(TR 10.3 and 10.3 bis)

(TR 10.4 and 10.5)

Part

Promotion of ratifications / denunciations(revised conventions) (1)

SubjectsConventions proposed

for ratificationConventions proposed

for denunciation

Hoursof work

Convention (No.153)on hoursof work and rest periods(road transport), 1979

Convention (No.67) on hours of workand rest periods(road transport), 1939

Holidayswith pay

Convention (No.132) on holidayswith pay (revised), 1970

Convention (No.101) on holidayswith pay (agriculture), 1952

Socialsecurity

Convention (No.130) on medical care

and sickness benefits, 1969

Convention (No.24) on sickness

insurance (industry), 1927

Convention (No.25) on sicknessinsurance (agriculture), 1927

Convention (No.128) on invalidity,old-age and survivors’ benefits, 1967

Convention (No.35) on old-ageinsurance (industry, etc.), 1933

Convention (No.36) on old-ageinsurance (agriculture), 1933

Convention (No.37) on invalidityinsurance (industry, etc.), 1933

Convention (No.38) on invalidityinsurance (agriculture), 1933

Convention (No.39) on survivors’insurance (industry, etc.), 1933

Convention (No.40) on survivors’insurance (agriculture), 1933

Convention (No.168) on employmentpromotion and protection againstunemployment, 1988

Convention (No.44) on unemploymentprovision, 1934

Convention (No.157) on maintenanceof social security rights, 1982

Convention (No.48) on maintenanceof migrants’ pension rights, 1935

Promotion of ratifications / denunciations(revised conventions) (2)



for denunciation

Employment

of women

Convention (No.89) on night work(women) (revised), 1948[and Protocol, 1990] or Convention

(No.171) on night work, 1990

Convention (No.4) on night work(women) , 1919, and/or Convention(No.41) (revised) on night work

(women), 1934

Minimum

age

Convention (No.138) on the minimumage, 1973

Convention (No.60) (revised) on theminimum age (non-industrialemployment), 1937

Dock

workers

Convention (No.152) on occupationalsafety and health in docks, 1979

Convention (No.28) on protectionagainst accidents for dockers, 1929

Promotion of ratifications / denunciations(conventions not revised)



for denunciation

Nightwork

Convention(No.171)on nightwork,

1990

Convention(No.20)on nightwork

(bakeries),1925

l i f i d d



to reduce the degree of protection of workers. In 1997 the standards

and information policy programme was established within the

International Labour Standards Department, one of the objectives of

which is to ensure that decisions taken by the Governing Body onrevising standards are followed up.

Employmentof women

Convention(No.176)on safety

andhealthinmines

Convention(No.45)on underground

work(women),1935

Migrantworkers

Convention(No.97)on migrationforemployment (revised),1949

Convention(No.21)on inspectionofemigrants, 1926

Indigenousworkers

Convention(No.169)on indigenous

andtribalpeoples,1989and/or

Convention(No.117)on socialpolicy

(basicaims andstandards), 1962

Convention(No.97)on migration

foremployment (revised),1949

Convention(No.143)

onmigrant workers(supplementaryprovisions),1975

Convention(No.50)on therecruiting

ofindigenous workers,1936

Convention(No.64)on contracts

ofemployment(indigenousworkers),1939

Convention(No.86)on contracts

ofemployment(indigenousworkers),1947

Convention(No.169)on indigenousandtribalpeoples,1989

Convention(No.65)on penalsanctions(indigenousworkers),1939

Convention(No.104)on theabolition

ofpenal sanctions

(indigenousworkers),1955

Conventions set aside

Conventions not coming

into force:Conventions No.31, 46, 51, 61

(hours of work) and 66

(migration for employment)

are the instruments that allow workers to claim their fair share of the

economic growth engendered by free trade. The Heads of State

participating in the Copenhagen Social Summit (1995) agreed on the

need to promote the basic ILO Conventions. The ILO then ran a

campaign of ratification with encouraging results. Moreover, the

particular significance of basic rights received important endorsement

through the Ministerial Declaration of the WTO in Singapore, which

specifies that the ILO “is the competent body to set these standards and

to deal with them”. It remains to be seen how this proclaimed political

commitment will be translated in practice in the ILO.

Part



ILO Declaration on Fundamental Principles and Rights at Work and itsFollow-up

In a decision that reaffirms the international community’s

commitment to ensuring that fundamental workplace rights are

respected, the delegates at the 86th International Labour Conference

adopted the ILO Declaration on Fundamental Principles and Rights at

Work. This Declaration solemnly commits the 174 States Members of

the Organization to respecting the principles inherent in the seven

fundamental labour standards and to promoting their universal

application.

The impetus for the Declaration came from the international

community’s concern over the process of globalization and the potential

social consequences of trade liberalization. This was specifically

expressed at the World Summit for Social Development organized by

Part



expressed at the World Summit for Social Development organized by

the UN (Copenhagen, 1995) and at the Ministerial Conference of the

World Trade Organization held in Singapore (1996). These two

meetings endorsed the internationally recognized fundamental labourstandards and stressed that the ILO was the competent organization to

deal with and set this type of standard.

During the discussions which led to the adoption of the

Declaration, it was clearly established that, although very important, a

declaration of principles was not enough. It could be no more than an

expression of good intentions. It needed to be given life with

appropriate, significant and effective follow-up measures. That is why

an integral part of the Declaration consists of an annex mandating

specific follow-up. The aim of the follow-up mechanism is “to

encourage the efforts made by the Members of the Organization to

promote the fundamental principles and rights enshrined in the

Constitution of the ILO and the Declaration of Philadelphia and

reaffirmed in this Declaration”.

There are two components to the follow-up mechanism:

The first is an annual report on the efforts made in regard to the

fundamental principles by States Members who have not ratified the

Part

FOLLOW-UP MECHANISM (1)

(TR 10.7)



relevant conventions. Each year, the follow-up will cover the four areas

of fundamental principles and rights specified in the Declaration. It will

draw on information provided each year by the States who have notratified one or more of the fundamental conventions, based on reports

by the governments concerned as well as on remarks by employers’

and workers’ organizations. These reports, as compiled by the Office,

• fr eedom of association and right to collectiv e bargaining

• forced labour

• child labour

• discri mination in employment and occupation

Annual report requires from states members whohave not ratified one or more fundamental conventions on:

- a group of expert s appointed by the governing body

introduces the reports

- the reports are examined by the governing body

With remarks by employers ’ and workers’ organizations:

specifically, the main sources of information that the Office will draw

upon to produce the global report shall be:

- in the case of States which have not ratified the fundamental

conventions, the findings of the above-mentioned annual follow-

up;

- in the case of States which have ratified the fundamental

conventions, the information made available though the various

procedures for checking the application of the conventions.

This report will be submitted to the Conference for tripartite

discussion as a report of the Director-General. The Conference may

discuss it during a sitting devoted entirely to it, or in any other

appropriate way. It will then be for the Governing Body, at an early

session, to draw conclusions from this discussion concerning thepriorities and plans of actions for technical co-operation to be

implemented in the following four-year period.

The ILO Declaration on Fundamental Principles and Rights at

Part



Work is a big step toward defining the basic social rules that should

govern the globalization of the economy. It is also a big step toward

more universal respect for the fundamental rights of workers as anessential ILO value.

Part

Conclusion

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

relation to freedom of association may be concluded by stressing three

important points.The first is that international labour standards have exerted and

continue to exert their influence all over the world, in industrialised

and developing countries alike, and that the policy constantly pursued

by the ILO, leading to the adoption of standards designed to be

i ll li bl t h l t f it l



universally applicable, appears to have lost none of its value.

The second point is that the substantial influence thus exercised

in all ILO Member States is closely linked to the efficacy of the

constitutional and other procedures described in this guide which aim

to promote and supervise the application of standards.

The third point is that in many instances the measures taken by

th M b St t t l ILO t d d h b t k ft

Activity 1 Part

Revision of standards Approximate time: 90 min

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

revision policy. This activity is designed to analyse the Governing

Body’s proposals and identify trade union priorities.

Form small work groups. Based on information from the trainer, the

content of the teaching unit and the transparencies, prepare a national

trade union strategy to support the Governing Body’s decisions.

The representative of each group will summarise the results of the

activity. All participants will then discuss the different strategies3 Progress

2 Content

1 Introduction



activity. All participants will then discuss the different strategies

proposed with the plenary.

greport

Part

Trade union action and globalisation Approximate time: 90 min

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

organisations aware of the ILO’s role, its standard-setting action and the

contents of international labour standards, and also to show them how

to use the ILO standards system in seeking solutions for the problems

and challenges currently facing the world of labour.

The aim of this activity is to study the most important relevant factors

and phenomena in current world development and to seek answers

and methods of acting in the interests of workers.

1 Introduction

Activity 2



Form small work groups. Discuss the following questions:

How are the workers and workers’ organisations in your country(region) affected by the globalisation of the world economy and by

the liberalisation of international trade?

In your opinion is the role of international labour standards and

2 Content

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

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

adopted the ILO Declaration on Fundamental Principles and Rights at1 Introduction

Activity 3 Part



Work and its Follow-up. This new instrument will enable the ILO to

examine more deeply the situation regarding freedom of association,

the right to collective bargaining, forced labour, child labour, anddiscrimination in employment and occupation, particularly in those

countries which have not ratified the relevant conventions. This activity

aims to analyse the role of trade union organizations in ensuring that

Activity 3 Part

Global report

5) Measures to ensure that workers’ delegates play an effective part in

the Conference’s discussion of the global report;

6) Features to stress during the Conference’s discussion, or to report to

the Workers’ Group of the Governing Body, so that the

effectiveness of the assistance given by the ILO can be assessed.

A representative of each group will summarize the outcome of the

activity. After that, there will be a plenary discussion of the various

strategies suggested, involving all participants.

3 Report



Part


TR No. 10.1 and 10.1bis: Standards revision policy

TR No. 10.2: Proposed revision of standards

TR No. 10.3 and 10.3bis: Promotion of ratifications / denunciations

(revised Conventions)

TR No. 10.4: Promotion of ratifications / denunciations

(Conventions not revised)

TR No. 10.5: Conventions set aside

TR No. 10.6: Universal application of fundamental principles and rights

TR No. 10.7: Follow-up mecanism 1TR No. 10.8: Follow-up mecanism 2

No. 1 Revision of standards

No 2 Trade union action at the time of globalisationActivities

Visual aids



No. 2 Trade union action at the time of globalisation

No. 3 ILO Declaration on Fundamental Principles and Rights at Work and its

Follow-up

Contained in the pack:Supporting

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

Annex 1 Part



Annex 1 Part

International Labour Conference

86th Session

Geneva, June 1998

ILO Declaration on Fundamental

Principles and Rights at Work

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

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

social progress and the eradication of poverty, confirming the need for the ILO

t m t t i l li i j ti d d m ti i tit ti



to promote strong social policies, justice and democratic institutions;

Whereas the ILO should, now more than ever, draw upon all its standard-

setting, technical cooperation and research resources in all its areas of

competence, in particular employment, vocational training and working

conditions to ensure that in the context of a global strategy for economic and

Annex 1 Part

Whereas it is urgent, in a situation of growing economic interdependence,

to reaffirm the immutable nature of the fundamental principles and rights

embodied in the Constitution of the Organization and to promote their

universal application;

The International Labour Conference,

1. Recalls:

a) that in freely joining the ILO, all Members have endorsed the principles

and rights set out in its Constitution and in the Declaration of Philadelphia,

and have undertaken to work towards attaining the overall objectives of the

Organization to the best of their resources and fully in line with their specific

circumstances;

b) that these principles and rights have been expressed and developed in

the form of specific rights and obligations in Conventions recognized as

fundamental both inside and outside the Organization.

2 D l th t ll M b if th h t tifi d th C ti i



2. Declares that all Members, even if they have not ratified the Conventions in

question, have an obligation arising from the very fact of membership in the

Organization, to respect, to promote and to realize, in good faith and inaccordance with the Constitution, the principles concerning the fundamental

rights which are the subject of those Conventions, namely:

a) freedom of association and the effective recognition of the right to

Annex 1 Part

4. Decides that, to give full effect to this Declaration, a promotional follow-up,

which is meaningful and effective, shall be implemented in accordance with

the measures specified in the annex hereto, which shall be considered as an

integral part of this Declaration.

5. Stresses that labour standards should not be used for protectionist trade

purposes, and that nothing in this Declaration and its follow-up shall be

invoked or otherwise used for such purposes; in addition, the comparative

advantage of any country should in no way be called into question by this

Declaration and its follow-up.

Annex

Follow-up to the Declaration



p

I.Overall purpose

Annex 1 Part

II. Annual follow-up concerning non-ratified fundamental Conventions

A. Purpose and scope

1. The purpose is to provide an opportunity to review each year, by means of

simplified procedures to replace the four-year review introduced by theGoverning Body in 1995, the efforts made in accordance with the Declaration

by Members which have not yet ratified all the fundamental Conventions.

2. The follow-up will cover each year the four areas of fundamental principles

and rights specified in the Declaration.

B. Modalities

1. The follow-up will be based on reports requested from Members under

article 19, paragraph 5(e) of the Constitution. The report forms will be drawn

up so as to obtain information from governments which have not ratified one



up so as to obtain information from governments which have not ratified one

or more of the fundamental Conventions, on any changes which may have

taken place in their law and practice, taking due account of article 23 of the

Constitution and established practice.

2 These reports as compiled by the Office will be reviewed by the Governing

Annex 1 Part

assistance provided by the Organization, and for determining priorities for the

following period, in the form of action plans for technical cooperation

designed in particular to mobilize the internal and external resources

necessary to carry them out.

2. The report will cover, each year, one of the four categories of fundamental

principles and rights in turn.

B. Modalities

1. The report will be drawn up under the responsibility of the Director-General

on the basis of official information, or information gathered and assessed in

accordance with established procedures. In the case of States which have notratified the fundamental Conventions, it will be based in particular on the

findings of the aforementioned annual follow-up. In the case of Members

which have ratified the Conventions concerned, the report will be based in

particular on reports as dealt with pursuant to article 22 of the Constitution.



2. This report will be submitted to the Conference for tripartite discussion as a

report of the Director-General. The Conference may deal with this reportseparately from reports under article 12 of its Standing Orders, and may

discuss it during a sitting devoted entirely to this report, or in any other

appropriate way. It will then be for the Governing Body, at an early session, to

draw conclusions from this discussion concerning the priorities and plans of

Annex 1 Part

The foregoing is the ILO Declaration on Fundamental Principles and Rights at

Work and its Follow-up duly adopted by the General Conference of the

International Labour Organization during its Eighty-sixth Session which was

held at Geneva and declared closed the 18 June 1998.

IN FAITH WHEREOF we have appended our signatures this nineteenth day of

June 1998.

The President of the Conference,

The Director-General of the International Labour Office.



10



10Transparencies

The standard setting of the ILO and globalisation: - revision of standards

- Declaration on fundamental principles and rights at work

and its Follow-up



and its Follow up

Part

Standards revision policy (1)

CONVENTIONS ON BASIC HUMAN RIGHTS AND PRIORITY

CONVENTIONS FOR WHICH NO REVISION IS ENVISAGED:

Conventions on basic human rights:

Freedom of association:

• Convention (No. 87) on freedom of association and protection



of the right to organise, 1948

• Convention (No.98) on the right to organise and collectivebargaining, 1949

Forced labour:

C i (N 29) f d l b 1930

Part


Priority conventions:

Employment policy:

• Convention (No. 122) on employment policy, 1964

Labour inspection:





p

• Convention (No. 81) on labour inspection, 1947

• Convention (No. 129) on labour inspection (agriculture), 1969

Tripartite consultation:

• Convention (No 144) on tripartite consultation on international

Part

Proposed revision of standards

MATERNITY PROTECTION

Convention (No. 3) on maternity protection, 1919

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

NIGHT WORK OF CHILDREN AND YOUNG PERSONS



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

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

Part

Promotion of ratifications / denunciations (revised conventions) (1)



for denunciation

Hoursof work

Convention (No.153) on hoursof work and rest periods

(road transport), 1979

Convention (No.67) on hours of workand rest periods

(road transport), 1939

Holidayswith pay



Socialsecurity

Convention (No.130) on medical careand sickness benefits, 1969

Convention (No.24) on sicknessinsurance (industry), 1927




Convention (No.128) on invalidity,old-age and survivors’ benefits, 1967

Convention (No.35) on old-ageinsurance (industry, etc.), 1933

Convention (No 36) on old age

Part




for denunciation

Employment

of women

Convention (No.89) on night work(women) (revised), 1948

[and Protocol, 1990] or Convention(No.171) on night work, 1990

Convention (No.4) on night work(women) , 1919, and/or Convention

(No.41) (revised) on night work(women), 1934

Minimum

age



k



Dock

workers



Part

Promotion of ratifications / denunciations (conventions not revised)



for denunciation

Nightwork

Convention (No.171) on night work,1990

Convention (No.20) on night work(bakeries), 1925

Employmentof women

Convention (No.176) on safetyand health in mines

Convention (No.45) on undergroundwork (women), 1935

Migrant Convention (No 97) on migration Convention (No 21) on inspection



Migrantworkers

Convention (No.97) on migrationfor employment (revised), 1949

Convention (No.21) on inspectionof emigrants, 1926

Indigenousworkers

Convention (No.169) on indigenousand tribal peoples, 1989 and/or

Convention (No.50) on the recruitingof indigenous workers, 1936

Part






Night work:

Employment agencies:

Convention No.20

Convention No 34




Hours of work:

Convention No.34

Conventions No.43, 49, and 67



Part


freedom of association and right to collective bargaining

forced labour

Annual report requires from states members who

have not ratified one or more fundamental conventions on:



child labour

discrimination in employment and occupation

Part


• freedom of association and right to collective bargaining

• forced labour

Global report covering one of the four categories of fundamental principles and rights each year:



• child labour • discrimination in employment and occupation

11



11Preparation of

an action planand final assessmentof the course



Objectives

At the end of part 11 participants will be able to draw up an action plan

to help member trade unions achieve development objectives oninternational labour standards.


draw up a work plan for their own trade union organisation

assess the course as a whole

Specific objectives

General objective

Part




Part

SEQUENCES METHODES MATERIEL DUREE

DIDACTIQUES PEDAGOGIQUE

1Present the general objective and the Presentation 10 mn

specific objectives of part 11:“Preparation of an action plan andfinal assessment of the course”

2Present and hand out activity No. 1: “Design Work group Flip chart 60 mn

and implementation of an action plans”

3Present and hand out activity No. 2: Work group Flip chart/ 180 mn

“Production of individual action plans” transparencies



4Present and hand out activity No. 3: Individual work Questionnaire 30 mn

“Final assessment of the course”

Design and implementation of an action plan Approximate time: 60 min

The final part of the whole course programme should be devoted to the

preparation and presentation of an individual or group project, which

the participants will implement on their return home. This activity aims

to stimulate a preliminary study of potential appropriate projects

This activity aims to: begin a planning procedure for preparing an action plan

examine a series of possible options for preparing an action plan.

You will be divided into small groups to answer the following questions:

A th bj t f th d lt ith f li t th hi h2 Content

1 Introduction

Activity 1 Part



Among the subjects of the course dealt with so far, list those which

in your opinion are the most valuable and the most appropriate toyour local trade union situation.

With respect to the needs of your trade union training programmes,

2 Content

Production of individual action plans Approximate time: 180 min

This activity concerns the preparation of your action plan, to be

implemented at local level. It is the follow-up to the work carried out

in the preceding activity.

This activity aims to:

specify the work programme you intend to implement in your tradeunion;

effectively structure the tasks involved.

Reflect individually on the following questions:

What type of course report will you prepare (e g written oral) and2 Content

1 Introduction

Activity 2 Part



What type of course report will you prepare (e.g., written, oral), and

who will you present it to?

How will the material you take from this course be used by yourself

or by other members of your trade union ?

Final assessment of the course Approximate time: 30 min

This activity focuses on the final assessment of the course and aims to :

assess whether the objectives of the course have been met.

provide the trainer with the information necessary to improve the

organisation and methods of training.

Give participants the assessment questionnaire appended to this

activity.2 Activity

1 Introduction

Activity 3 Part



When the questionnaire has been completed, hand it to the trainer.3 Progress

report

Production of individual action plans

Annex 1 Part

WHAT YOU ACTIVITIES AND TIME FOR RESOURCES

INTEND TO DO CARRYNG THEM OUT NECESSARY

(OBJECTIVES)



End of course assessment questionnaire

1. ObjectivesReminder of the objectives of the programme:

a) To identify the principal problems facing trade unions in the area of

international labour standards and to make a comparative analysis at

national level.

b) To gain a knowledge of the preparation procedure, purpose and contents

of standards from the trade union point of view.

c) To analyse the procedure governing the adoption, submission and

machinery for supervising the application of standards, including special

procedures on freedom of association.

d) To gain a detailed knowledge of the contents of the main international

Annex 2 Part



) g g

labour standards.e) To use an active methodology in trade union training.

f) To produce individual action plans for implementing a project at national

Completely Partly Not at all

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

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2. Course activities and group work

2.1 How far have you been satisfied with the CONTENT

of the course?


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

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Reasons

Objective f

Objective e

Annex 2 Part



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2.3 How far have you been satisfied with the

ORGANISATION of the course?


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

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Reasons

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2.4 How far have you been satisfied with the TRAINING

METHODS used?


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

Annex 2 Part



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

Reasons

Reasons

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3.2 How far do you think the course will help you resolve

the problems of trade union training at the level of

your trade union group?


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

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Reasons

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Annex 2 Part



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3.3 How far do you think the course will help you make

4. Supporting material (files - books- photocopies - training documents)

4.1 How much have you used the teaching documents

you received at the beginning of the course?

Fully Partly Not at all

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

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Reasons

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4.2 What was the level of comprehension of the teaching

Annex 2 Part



material? Very clear Clear Not clear

5.2 Indicate the quality of teaching:

Good Average Poor

Teaching staff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

of the Centre

External . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

collaborators

Reasons

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5.3 Indicate the quality of the administrative support

(secretarial - social life - travel - medical):

Good Average Poor

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

Annex 2 Part



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Reasons

The ILO and standard setting a

n s

p a r e n c i e s

Part

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standard setting

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“ Universal and lasting peacecan be established only if it isbased upon social justice

Founding of the International Labour Organisation


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p j

”

Constitution of the ILO

Part

ILO Constitution

W O R

K E R S

GO VERNME NT E M P L O Y E R

S

BETTER WORKING CONDITIONS

SOCIAL JUSTICE

Information-Meetings-Research-Expertise

STANDARD

SETTING

TECHNICAL

CO-OPERATION


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Part

Decentralised structure of the ILO

Regional office

Area office

Liaison office

Multidisciplinary advisory team

Latin America

Middle East

Africa

Argentina

Brazil

Chile

Costa Rica

Mexico

Peru

Trinidad and Tobago

Uruguay

Kuwait

Lebanon

Algeria

Cameroon

Côte d’Ivoire

D. R. Congo

Egypt

Ethiopia

Madagascar

Nigeria

Senegal

South Africa

Tanzania

Zambia

Zimbabwe

EuropeBelgium

France

Germany

Hungary

Italy

Russian Federation

Spain

North America

Canada

United States

Asia and the PacificBangladesh

China

Fiji

India

Indonesia

Japan

Pakistan


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SwitzerlandTurkey

United Kingdom

PhilippinesSri Lanka

Thaïland

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Part

Tripartite structure of the ILO

E M P L O Y E RS W O R

K E R

SILO

G O VERNMEN T S

ILO


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3.7

T

Part

Means of action

Setting of internationallabour standards


Supervision of application by MemberStates

Promotion of the objectives established by international labour standards

Improvement of livingand working conditions

i f f ll l

II. TECHNICAL CO-OPERATION

I. STANDARD SETTING


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3.8

Promotion of full employment

T

Part

The ILO and the United Nations system

SPECIALIZED INSTITUTIONS

UNESCO

UNICEF

UNDP

WHO

IBRD

IMF

UPU

ITU

WMO

IMO

WIPO

IFAD

UNIDO

IAEA

United Nations Educational, Scientific and Cultural Organisation

United Nations Children’s Fund

United Nations Development Programme

World Health Organisation

International Bank for Reconstruction and Development (World Bank)

International Monetary Fund

Universal Postal Union

International Telecommunication Union

World Meteorological Organisation

International Maritime Organisation

World Intellectual Property Organisation

International Fund for Agricultural Development

United Nations Industrial Development Organisation

International Atomic Energy Agency

International Labour Organisation

United Nations Food and Agriculture Organisation

ILO

FAO


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Transparency

Part

Standards concerning fundamental social rights

FREEDOM OF ASSOCIATION

Freedom of Associationand Protection of the Right

to Organize, 1948

C.87

Right to Organize andCollective Bargaining, 1949

C.98


Forced Labour, 1930

C.29


C.105

FREEDOM FROM DISCRIMINATION

Equal Remuneration, 1951

C.100

Discrimination (Employmentand Occupation), 1958

C.111

Most Intolerable Forms

C.182

MINIMUM AGE OF ADMISSION TO EMPLOYMENT

Minimum Age 1973

C.138


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Transparency

5.1

Most Intolerable Formsof Child Labour, 1999

Minimum Age, 1973

Transparency

Part

C.87

The right, freelyexercised, of workersand employers,without distinction,

to organize for furtheringand defendingtheir interests.

FREEDOM OF

ASSOCIATION ANDPROTECTION OF

THE RIGHT TO

ORGANIZE,

1948


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Transparency

5.2

Transparency

Part


COLLECTIVE BARGAINING,

1949

C.98


Non-interference betweenworkers’ organizations

and employers’ organizationsPromotion of voluntarycollective bargaining


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Transparency

5.3

Transparency

Part

C.141

RURAL WORKERS’

ORGANIZATIONS,

1975


Encouragement of their organizationsParticipation in economic and social development


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Transparency

5.4

Transparency

Part

C.135

WORKERS’REPRESENTATIVES, 1971


Protection of their unionmembership and their

participation in union activities

Facilities shall be affordedto enable them to carry outtheir functions


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Transparency

5.5

Transparency

Part

C.151

LABOUR RELATIONS



Protection against any interferenceby public authorities

Enjoyment of civil and political rights

Encouragement and promotion ofnegotiation of conditions of employment


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p y

5.6

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Part


C.29

FORCED LABOUR, 1930

C.105

Forced Labour


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p y

5.7

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Part

C.100

Equal remunerationfor men and womenfor work of equal value

E QUAL

REMUNERATION,

1951


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5.8

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Part

C.111

DISCRIMINATION

(EMPLOYMENT ANDOCCUPATION),

1958




toward eliminating all discrimination inrespect thereof.


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5.9

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Part

C.156

WORKERS WITH FAMILY

RESPONSIBILITES,

1981

To create effective equality of opportunity

and treatment for men and womenworkers with family responsibilities


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5.10

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Part


Number of

ratifications ConventionsNo 87 Freedom of Association andProtection of the Right to Organize, 1948

124


141


No 105 Abolition of Forced Labour, 1957139

No 111 Discrimination (Employmentand Occupation), 1958

132

No 100 Equal Remuneration, 1951139

Minimum Age, 1973

elimination of the worst forms

of child labour

No 13872

Prohibition and immediateNo 182


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5.11

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5 12

Part

Employment

EMPLOYMENT POLICY:

Convention nº 122: Employment Policy, 1964

Convention nº 168: Employment Promotion and

Protection against Unemployment, 1988Recommendation n¡169: Employment Policy




VOCATIONAL GUIDANCE AND TRAINING:

Convention nº 142:

Human Resources Development, 1975

REHABILITATION AND EMPLOYMENTOF DISABLED PERSONS:

Convention nº 159: Vocational Rehabilitation

and Employment (Disabled Persons), 1983

EMPLOYMENT SECURITY:

Convention nº 158: Termination of Employment, 1982


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5.12

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5 13

Part

C.122

Objective: full, productive

and freely chosen employment.



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5.13

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5 14

Part




service and the

measures sucha service should take

C.88


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5 15

Part

C.142

HUMAN

RESOURCES

DEVELOPMENT,

1975

Development of policies

and programmesof vocational guidanceand training closely linked

with employment.Purpose and content of standards

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5.15

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5 16

Part

VOCATIONAL

REHABILITATIONAND EMPLOYMENT

(DISABLED PERSONS),

1983

To ensuresuitable employment and

social integration

for disabled persons, in conditions

of full participation and equality

C.159


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5 17

Part

C. 158

Protects against terminationof employment without valid reason

Establishes the principle

of explaining

termination

of employment

Goes on to list thereasons which are

not valid grounds for

termination of

employment

TERMINATION OF

EMPLOYMENT,

1982


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5 27

Part

C.94

GENERAL PRINCIPLES:



such contracts shall containclauses ensuring:

• that wages are paid

• that conditions of labour are not less

favourable than those established

by legislation, agreementsor current practice

sanctions are provided for



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5 28

Part

C.95







to the worker concerned

(and without delay)

Goods at works stores shall

be sold at fair

and reasonable prices

Applies to all persons to whom wages

are paid or payable


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5.28

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5 29

Part



hours of work(commerce and offices), 1930

C.30



night work, 1990C.171

weekly rest (industry), 1921C.14

weekly rest(commerce and offices), 1957

C.106

paid leave (revised), 1970C.132

paid educational leave, 1974C.140


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5.29

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5.30

Part

C. 47




standard of living

Adoption or encouragementof measures deemed appropriate

for achieving that aim



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5.30

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5.31

Part




(chemicals, occupational cancer,

dangerous machinery, air pollution, etc.)

2.

PROTECTION IN GIVEN BRANCHES

OF ECONOMICAL ACTIVITIES3.

MEDICAL EXAMINATION FOR YOUNG PERSONS4.

SEAFARERS5.






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5.32

Part




sulphates of lead


The use of white lead,

sulphate of lead and all

products containing these

pigments is prohibited in

the internal painting

of buildings

C.13


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5.33

Part

C.115

RADIATION

PROTECTION,

1960


against ionizing radiations

No worker under the age

of 16 shall be engagedin work involving

ionizing radiations

•

•


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5.34

Part

C.136

BENZENE, 1971



Applies to all activities involving

the exposure of workers to benzene

and to products whose benzenecontent exceeds 1 per cent by volume


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5.35

Part

C.139

PREVENTION OF

OCCUPATIONAL CANCER


To determine periodically

the carcinogenic substances

and agents to which occupationalexposure shall be prohibited or regulated

To prescribe protective measures

1.

2.

OCCUPATIONAL

CANCER

1974


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5.36

Part

C.162

ASBESTOS, 1986

Prevention of occupationalhazards due to asbestos

Applies to all activities involvingthe exposure of workers to asbestosin the course of work

National legislation shall prescribe

the measures to be taken to preventand control health hazards dueto occupational exposure to asbestosand to protect workersagainst such risks


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5.37

Part

C. 170

CHEMICALS, 1990

To prevent chemicallyinduced illnessesand injuries at work

To reduce their incidence

Applies to all branchesof economic activity in whichchemicals are used


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5.38

Part

C.119



Applies to all power-driven

machinery, new or second-hand

The obligationof employersto inform workersabout dangersin the useof machinery


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5.39

Part

protection of workersagainst hazardsarising outof the weight of loads

establishes the generalprinciple that no workershall be requiredor permitted to engagein the manual transportof a load which, by reason of its weight,is likely to jeopardizehis or her health

or safety

C.127



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5.40

Part

WORKING ENVIRONMENT

(AIR POLLUTION,

NOISE AND VIBRATION),

1977

To keep the workingenvironment as free as possible from any hazard dueto air pollution,noise or vibration

C.148


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Part


5.41

C. 120



hygiene measures in all

commercial and administrative

establishments

All commercial and

administrative premises

used by workers shall be properly

maintained and kept clean

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Part


5.42

SAFETY AND HEALTH


C.167

To ensure

safety

and health

in construction

Applies to

all construction

activities, from

the preparation

of the site

to the completion

of the project

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Part


5.43

C.27

MARKING OF WEIGHT (PACKAGES

TRANSPORTED BY VESSELS), 1929

Marking of weights of 1, 000 kgor more on packages transported

by sea or inland waterway

National legislation shall assign

the obligation for marking

C 152

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Part


5.44

C.152

OCCUPATIONAL SAFETY



Describes in detailed

and in a very practical fashionthe measures to be takenas regards dock workto protect workers engagedin such operationsfrom any risk of accidentor injury to health

S i l it

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Part


5.45

Social security

social security (minimum standards), 1952

equality of treatment

(social security), 1962

maintenance of social security rights, 1982

employment promotion and protection

against unemployment, 1988

invalidity, old age and survivors’

benefits, 1967

medical care and sickness benefits, 1969

C.102

C.157

C.128

C.118

C.168

C.130

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Part


5.46

Standards concerning the employment of women, children and young persons







C.90 night work of young persons(industry) (revised), 1948

C.77 medical examination of young persons

(industry), 1946C.78 medical examination of young persons

(non-industrial occupations), 1946



PC 138/C 182

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Part


5.47

MINIMUM AGE, 1973



C.138/C.182

P tMinimum age

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Part


5.48

Minimum age

General

Exception for

developing

countries

Basic

minimum

age

15 14

Light

work13 12

Dangerous

work

Normally: 18

Under certain

conditions: 16

NO

EXCEPTIONS

C.138

PartChildren at school not at work

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Part


5.49

Children at school, not at work

THE PROBLEM

OF CHILD LABOUR:

The way this problem has evolved led to the adoption of theMINIMUM AGE CONVENTION, 1973 (No. 138), which concernsadmission to employment or work, and which should graduallysupersede the earlier texts.It was supplemented by Recommendation No. 146, 1973.

THE PROBLEM

OF THE WORST FORMS

OF CHILD LABOUR

This is the subjectof a proposed (short)Convention to be submittedto the InternationalLabour Conferencein 1999.

PartMigrant workers

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Part


5.50

Migrant workers


• Protection of Migrant Workers (Underdeveloped Countries) Recommendation, 1955 (No. 100).



THE PRINCIPAL STANDARDS ADOPTED

CONCERNING MIGRANT WORKERS ARE AS FOLLOWS:

PartIndigenous peoples and workers in non-metropolitan territories

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Part


5.51








2 Workers in Non-Metropolitan Territories

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

Social Policy in Dependent Territories Recommendation(Supplementary Provisions), 1945 (No. 74).

Social Policy (Non-Metropolitan Territories) Convention, 1947 (No. 82).

Right of Association (Non-Metropolitan Territories) Convention, 1947 (No. 84).

Labour Inspection (Non-Metropolitan Territories) Convention, 1947 (No. 85).

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

PartOther special categories of workers (1)

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Part


5.52




A. SEAFARERS


Seafarers’ Identity Documents Convention, 1958 (No. 108).

Seafarers’ Engagement (Foreign Vessels) Recommendation, 1958 (No. 107).

Employment of Seafarers (Technical Developments), Recommendation, 1970 (No. 139).

Continuity of Employment Convention (No. 145) and Recommendation (No. 154), 1976.Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147) and Protocol (1996).

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

B. FISHERMEN

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

Minimum Age (Fishermen) Convention, 1959 (No. 112).

Medical Examination (Fishermen) Convention, 1959 (No. 113).

Fishermen’s Articles of Agreement Convention, 1959 (No. 114).

Fishermen’s Competency Certificates Convention, 1966 (No. 125).

Accommodation of Crews (Fishermen) Convention, 1966 (No. 126).

Vocational Training (Fishermen) Recommendation, 1966 (No. 126).

PartOther special categories of workers (2)

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Part


5.52bis




C. INLAND WATERWAYS

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

D. DOCK WORKERS

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

E. PLANTATIONS

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

Plantations Recommendation, 1958 (No. 110).

Part

s

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The procedure

of setting, submission,ratification, denunciationand revision of international labour standards

Part

t r a n s

p a r

e n c

i e s

Part Adoption of Conventions and Recommendations

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6.1

Part

p


The Governing

Body places

the question on

the Conferenceagenda

INTERNATIONAL

LABOUR

CONFERENCE



The Office analyses commentsand prepares draft conclusions

Comments

of governments,

employers

and workers

First discussion


Committee

Final discussion


Committee

G

E W

Comments

of governments,

employers

and workers

INTERNATIONAL

LABOUR

CONFERENCE

G

E W

The Office submits a summary

of the discussion and a draft instrument

The Office prepares a revised

draft instrument


with a two-thirds majority

The procedure of setting,submission,ratification,denunciationand revisionof international labour standards

PartSubmission and ratification by Member States

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6.2

a t

rticle 19 of the Constitution of the ILOobliges each Member to bring allnew Conventions and Recommendations

before the competent legislative authoritiesin the 12 (exceptionally 18) months followingtheir adoption

y

ember States must inform the ILO

of the measures taken to bring the instruments


atifications are registered and all MemberStates receive notification,

as does the Secretary-General of the United Nations

here is no obligation to ratify a Convention

nratified instruments continue to provide

useful guidanceU

R

T

M

A


PartThe submission

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6.3


Text sent to Member States and national

employers’ and workers’ organisations




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

Obligation to produce a report for the Director-General

of the ILO on: measures taken within the framework

of submission, decisions of the competent authority

and comments received from employers’


Communication of the report to employers’


1

2

3

4

5


Part

s

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t r a n s

p a r

e n c

i e s

PartSupervisory machinery

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http://tr05a-e.pdf/

http://tr04-e.pdf/

http://tr03-e.pdf/

http://cdrom-e.pdf/

http://cdrom-e.pdf/

http://mm07-e.pdf/

http://mm07-e.pdf/

http://cdrom-e.pdf/

http://cdrom-e.pdf/

http://cdrom-e.pdf/



Transparency

7.1

Government reports

Employers’ and workers’ comments

Direct requests sentto governments Observations publishedin report III (4A)

Tripartite Conference Committee

Reports submitted to the

International Labour Conference

G

E W

Committee of Experts on the Application

of Conventions and Recommendations

Applicationof standards:regular supervisory machinery

Part Reports on ratified conventions (1)

http://tr03-e.pdf/

http://tr04-e.pdf/

http://tr05a-e.pdf/

http://tr06-e.pdf/

http://tr08-e.pdf/

http://tr09-e.pdf/

http://tr10-e.pdf/

http://tr10-e.pdf/

http://tr09-e.pdf/

http://tr08-e.pdf/

http://tr06-e.pdf/

http://tr05a-e.pdf/

http://tr04-e.pdf/

http://tr03-e.pdf/

http://mm07-e.pdf/

http://cdrom-e.pdf/

http://cdrom-e.pdf/

http://mm07-e.pdf/

http://mm07-e.pdf/

http://cdrom-e.pdf/

http://cdrom-e.pdf/

http://cdrom-e.pdf/



Transparency

7.2

ARTICLE 22 OF

THE CONSTITUTION

OF THE ILO:

OBLIGATION TO DRAFT A REPORT

“Each of the Members agreesto make an annual report

to the International Labour Officeon the measures which it has taken

to give effect to the provisionsof Conventions to which it is a party.

These reports shall be made in such formand shall contain such particulars as

the Governing Body may request”


Part Reports on ratified Conventions (2)

http://tr03-e.pdf/

http://tr04-e.pdf/

http://tr05a-e.pdf/

http://tr06-e.pdf/

http://tr08-e.pdf/

http://tr09-e.pdf/

http://tr10-e.pdf/

http://tr10-e.pdf/

http://tr09-e.pdf/

http://tr08-e.pdf/

http://tr06-e.pdf/

http://tr05a-e.pdf/

http://tr04-e.pdf/

http://tr03-e.pdf/

http://mm07-e.pdf/

http://cdrom-e.pdf/

http://cdrom-e.pdf/

http://mm07-e.pdf/

http://mm07-e.pdf/

http://cdrom-e.pdf/

http://cdrom-e.pdf/

http://cdrom-e.pdf/



Transparency

7.3

Every 5 years from

2000

Every 5 years from

1999

Every 5 years from

1998

Every 5 years from

1997


Conventions for which a simplified report is requested every five years


10

1316193233

536062697374

102113118123

125128134138

139145152157

3

79

26586884

919299

103110

112119120

126 131133135137

141146153163

164165

166170

172173174

1

258

27304445

47596382

8896

108117130136 142147160167 168169

4

1112171841

428589

121127 148149150151

154155156158 159161162171

6

1422232425

525556717778

7990949597

101106

107114

115124132140

143

2987

100122

129

8198

105111

144

2987

100122 129

8198

105111 144

2987

100122

129

Every 5 years from

1996


Part Detailed two-yearly reports

http://tr03-e.pdf/

http://tr04-e.pdf/

http://tr05a-e.pdf/

http://tr06-e.pdf/

http://tr08-e.pdf/

http://tr09-e.pdf/

http://tr10-e.pdf/

http://tr10-e.pdf/

http://tr09-e.pdf/

http://tr08-e.pdf/

http://tr06-e.pdf/

http://tr05a-e.pdf/

http://tr04-e.pdf/

http://tr03-e.pdf/

http://mm07-e.pdf/

http://cdrom-e.pdf/

http://cdrom-e.pdf/

http://mm07-e.pdf/

http://mm07-e.pdf/

http://cdrom-e.pdf/

http://tr03-e.pdf/

http://cdrom-e.pdf/



Transparency

7.4

Five-yearly reports

Every five years for other Conventions

FREEDOM OF ASSOCIATION No. 87 and 98

ABOLITION OF FORCED LABOUR No. 29 and 105

EQUAL TREATMENT

AND OPPORTUNITY No. 100 and 111

EMPLOYMENT POLICY No. 122

LABOUR INSPECTION No. 81 and 129

TRIPARTITE CONSULTATION No. 144Applicationof standards:regular supervisory machinery

Part Non-periodic reports

http://tr03-e.pdf/

http://tr04-e.pdf/

http://tr05a-e.pdf/

http://tr06-e.pdf/

http://tr08-e.pdf/

http://tr09-e.pdf/

http://tr10-e.pdf/

http://tr10-e.pdf/

http://tr09-e.pdf/

http://tr08-e.pdf/

http://tr06-e.pdf/

http://tr05a-e.pdf/

http://tr04-e.pdf/

http://tr03-e.pdf/

http://mm07-e.pdf/

http://cdrom-e.pdf/

http://cdrom-e.pdf/

http://mm07-e.pdf/

http://mm07-e.pdf/

http://cdrom-e.pdf/

http://tr03-e.pdf/

http://tr03-e.pdf/

http://cdrom-e.pdf/



Transparency

7.5

DETAILED IN THE FOLLOWING CASES

Request from Committee of Expertsor Conference Committee

on the application of standards

Article 24 and 26 or Committee on Freedomof Association

Inadequate comments submitted

Continuous absence of reply


Part

Detailed reports

http://tr03-e.pdf/

http://tr04-e.pdf/

http://tr05a-e.pdf/

http://tr06-e.pdf/

http://tr08-e.pdf/

http://tr09-e.pdf/

http://tr10-e.pdf/

http://tr10-e.pdf/

http://tr09-e.pdf/

http://tr08-e.pdf/

http://tr06-e.pdf/

http://tr05a-e.pdf/

http://tr04-e.pdf/

http://tr03-e.pdf/

http://mm07-e.pdf/

http://cdrom-e.pdf/

http://cdrom-e.pdf/

http://mm07-e.pdf/

http://mm07-e.pdf/

http://cdrom-e.pdf/

http://tr03-e.pdf/

http://tr03-e.pdf/

http://cdrom-e.pdf/



Transparency

7.6

GOVERNING BODY FORM

FOR EACH CONVENTION

Laws, regulations, etc.

Permitted exclusions, exceptions or other limitations (article 22)

Implementing the convention: for each article, legislative

or other provisions which give effect to the convention

Constitutional provisions giving force of law to the ratified convention

Replies to comments by the supervisory bodies

Authorities responsible for the application of relevant laws

and regulations and information on their activities

Legal or administrative decisions

General appreciation by the government on the application of the convention

Observations of employers’ and workers’ organisations

Communication of copies of reports to employers’ and workers’ organisations


Part

Simplified reports

http://tr03-e.pdf/

http://tr04-e.pdf/

http://tr05a-e.pdf/

http://tr06-e.pdf/

http://tr08-e.pdf/

http://tr09-e.pdf/

http://tr10-e.pdf/

http://tr10-e.pdf/

http://tr09-e.pdf/

http://tr08-e.pdf/

http://tr06-e.pdf/

http://tr05a-e.pdf/

http://tr04-e.pdf/

http://tr03-e.pdf/

http://mm07-e.pdf/

http://cdrom-e.pdf/

http://cdrom-e.pdf/

http://mm07-e.pdf/

http://mm07-e.pdf/

http://cdrom-e.pdf/

http://tr03-e.pdf/

http://tr03-e.pdf/

http://cdrom-e.pdf/



Transparency

7.7

Laws, regulations

Implementation of the convention

Communication of copies

of reports to employers’and workers’ organisations

Observations of employers’and workers’ organisations


Part

Committee of Experts

http://tr03-e.pdf/

http://tr04-e.pdf/

http://tr05a-e.pdf/

http://tr06-e.pdf/

http://tr08-e.pdf/

http://tr09-e.pdf/

http://tr10-e.pdf/

http://tr10-e.pdf/

http://tr09-e.pdf/

http://tr08-e.pdf/

http://tr06-e.pdf/

http://tr05a-e.pdf/

http://tr04-e.pdf/

http://tr03-e.pdf/

http://mm07-e.pdf/

http://cdrom-e.pdf/

http://cdrom-e.pdf/

http://mm07-e.pdf/

http://mm07-e.pdf/

http://cdrom-e.pdf/

http://tr03-e.pdf/

http://tr03-e.pdf/

http://cdrom-e.pdf/



Transparency

7.8

The Committee of Experts examinesgovernment reports

Members of the Committeeare appointed by the Governing Body

Members are drawn from all over the world


Part

Texts examined by the Committee of Experts

http://tr03-e.pdf/

http://tr04-e.pdf/

http://tr05a-e.pdf/

http://tr06-e.pdf/

http://tr08-e.pdf/

http://tr09-e.pdf/

http://tr10-e.pdf/

http://tr10-e.pdf/

http://tr09-e.pdf/

http://tr08-e.pdf/

http://tr06-e.pdf/

http://tr05a-e.pdf/

http://tr04-e.pdf/

http://tr03-e.pdf/

http://mm07-e.pdf/

http://cdrom-e.pdf/

http://cdrom-e.pdf/

http://mm07-e.pdf/

http://mm07-e.pdf/

http://cdrom-e.pdf/

http://tr03-e.pdf/

http://tr03-e.pdf/

http://cdrom-e.pdf/



Transparency

7.9

R eports provided for under article 22 of the Constitution

Reports provided for under article 19 of the Constitution

on submission to the competent authorities of Conventionsand Recommendations adopted by the Conference

Information and reports concerning unratifiedConventions and Recommendations providedfor under article 19 of the Constitution

Information received by employers’and workers’ organisations

Information and reports on measures takenby Members under article 35 of the Constitution


Part

Comments of employers’ and workers’ organisations

http://tr03-e.pdf/

http://tr04-e.pdf/

http://tr05a-e.pdf/

http://tr06-e.pdf/

http://tr08-e.pdf/

http://tr09-e.pdf/

http://tr10-e.pdf/

http://tr10-e.pdf/

http://tr09-e.pdf/

http://tr08-e.pdf/

http://tr06-e.pdf/

http://tr05a-e.pdf/

http://tr04-e.pdf/

http://tr03-e.pdf/

http://mm07-e.pdf/

http://cdrom-e.pdf/

http://cdrom-e.pdf/

http://mm07-e.pdf/

http://mm07-e.pdf/

http://cdrom-e.pdf/

http://tr03-e.pdf/

http://tr03-e.pdf/

http://cdrom-e.pdf/



Transparency

7.10

T he comments of employers’ and workers’organisations received by the Committee of Experts

are forwarded directly by the Office to the governmentsconcerned for comments


Part

Report of the Committee of Experts

http://tr03-e.pdf/

http://tr04-e.pdf/

http://tr05a-e.pdf/

http://tr06-e.pdf/

http://tr08-e.pdf/

http://tr09-e.pdf/

http://tr10-e.pdf/

http://tr10-e.pdf/

http://tr09-e.pdf/

http://tr08-e.pdf/

http://tr06-e.pdf/

http://tr05a-e.pdf/

http://tr04-e.pdf/

http://tr03-e.pdf/

http://mm07-e.pdf/

http://cdrom-e.pdf/

http://cdrom-e.pdf/

http://mm07-e.pdf/

http://mm07-e.pdf/

http://cdrom-e.pdf/

http://tr03-e.pdf/

http://tr03-e.pdf/

http://cdrom-e.pdf/



Transparency

7.11

The Committee’s report is first submittedto the Governing Body

The Committee’s report consistsof the following parts:

Part one: a general report

Part two: comments concerning certain countries

Part three: a general survey


Part

General survey (art 19 of the Constitution)

R t c i d b

http://tr03-e.pdf/

http://tr04-e.pdf/

http://tr05a-e.pdf/

http://tr06-e.pdf/

http://tr08-e.pdf/

http://tr09-e.pdf/

http://tr10-e.pdf/

http://tr10-e.pdf/

http://tr09-e.pdf/

http://tr08-e.pdf/

http://tr06-e.pdf/

http://tr05a-e.pdf/

http://tr04-e.pdf/

http://tr03-e.pdf/

http://mm07-e.pdf/

http://prevpage/

http://cdrom-e.pdf/

http://cdrom-e.pdf/

http://mm07-e.pdf/

http://mm07-e.pdf/

http://cdrom-e.pdf/

http://tr03-e.pdf/

http://tr03-e.pdf/

http://cdrom-e.pdf/



Transparency

7.12

The general surveys are an authoritative referenceon law and practice throughout the whole world

in relation to a particular subject.

Reports received by

the Member States

concerning unratified

instruments are examined

by the Committee of Experts,whose conclusions are published

annually in the form

of a general survey.


Part

The Conference Committee on the Application of Standards (1)

http://tr03-e.pdf/

http://tr04-e.pdf/

http://tr05a-e.pdf/

http://tr06-e.pdf/

http://tr08-e.pdf/

http://tr09-e.pdf/

http://tr10-e.pdf/

http://tr10-e.pdf/

http://tr09-e.pdf/

http://tr08-e.pdf/

http://tr06-e.pdf/

http://tr05a-e.pdf/

http://tr04-e.pdf/

http://tr03-e.pdf/

http://mm07-e.pdf/

http://cdrom-e.pdf/

http://cdrom-e.pdf/

http://mm07-e.pdf/

http://mm07-e.pdf/

http://cdrom-e.pdf/

http://tr03-e.pdf/

http://tr03-e.pdf/

http://cdrom-e.pdf/



Transparency

7.13

The Committee of Experts’ report is submitted

to the International Labour Conference

It is examined and discussed by a tripartite ConferenceCommittee specially established for this purpose

The Committee elects a chair and two vice-chairs,

each chosen from the three groups, and a reporter


Part

The Conference Committee on the Application of Standards (2)

http://tr03-e.pdf/

http://tr04-e.pdf/

http://tr05a-e.pdf/

http://tr06-e.pdf/

http://tr08-e.pdf/

http://tr09-e.pdf/

http://tr10-e.pdf/

http://tr10-e.pdf/

http://tr09-e.pdf/

http://tr08-e.pdf/

http://tr06-e.pdf/

http://tr05a-e.pdf/

http://tr04-e.pdf/

http://tr03-e.pdf/

http://mm07-e.pdf/

http://cdrom-e.pdf/

http://cdrom-e.pdf/

http://mm07-e.pdf/

http://mm07-e.pdf/

http://cdrom-e.pdf/

http://tr03-e.pdf/

http://tr03-e.pdf/

http://cdrom-e.pdf/



Transparency

7.14

the measures taken by Members to give

effect to Conventions,and the information providedby Members concerning the results of inspections

information and reports on unratified Conventionsand Recommendations communicatedby Members, in accordance with article 19

of the Constitution

the measures taken by Members under article 35of the Constitution

individual cases

The Committee must submit a report

to the Conference

The Committee examines:


Part

es

http://tr03-e.pdf/

http://tr04-e.pdf/

http://tr05a-e.pdf/

http://tr06-e.pdf/

http://tr08-e.pdf/

http://tr09-e.pdf/

http://tr10-e.pdf/

http://tr10-e.pdf/

http://tr09-e.pdf/

http://tr08-e.pdf/

http://tr06-e.pdf/

http://tr05a-e.pdf/

http://tr04-e.pdf/

http://tr03-e.pdf/

http://mm07-e.pdf/

http://cdrom-e.pdf/

http://cdrom-e.pdf/

http://mm07-e.pdf/

http://mm07-e.pdf/

http://cdrom-e.pdf/

http://tr03-e.pdf/

http://tr03-e.pdf/

http://cdrom-e.pdf/



Standards and technical co - operation

t r a n s

p a r

e n c

i e s

Part

Interaction between international labour standards and technical co-

operation

http://tr03-e.pdf/

http://tr04-e.pdf/

http://tr05a-e.pdf/

http://tr06-e.pdf/

http://tr07-e.pdf/

http://tr08-e.pdf/

http://tr10-e.pdf/

http://tr10-e.pdf/

http://tr08-e.pdf/

http://tr07-e.pdf/

http://tr06-e.pdf/

http://tr05a-e.pdf/

http://tr04-e.pdf/

http://tr03-e.pdf/

http://mm09-e.pdf/

http://mm09-e.pdf/

http://mm09-e.pdf/

http://cdrom-e.pdf/

http://cdrom-e.pdf/

http://cdrom-e.pdf/

http://tr03-e.pdf/

http://tr03-e.pdf/

http://cdrom-e.pdf/



Transparency

9.1

THE

STANDARD-SETTING

PROCEDURE

TECHNICAL

CO-OPERATION

DEVELOPMENT OF SOCIAL JUSTICE

Suggests the objective

of technical co-operation

Helps to identify

solutions

Helps to overcome

difficulties

of implementation

Ensures feedback

on standards

Source of information

for preparing standards

Standards and technicalco - operation

Part

Assistance offered by the ILO

http://tr03-e.pdf/

http://tr04-e.pdf/

http://tr05a-e.pdf/

http://tr06-e.pdf/

http://tr07-e.pdf/

http://tr08-e.pdf/

http://tr10-e.pdf/

http://tr10-e.pdf/

http://tr08-e.pdf/

http://tr07-e.pdf/

http://tr06-e.pdf/

http://tr05a-e.pdf/

http://tr04-e.pdf/

http://tr03-e.pdf/

http://mm09-e.pdf/

http://mm09-e.pdf/

http://mm09-e.pdf/

http://mm09-e.pdf/

http://cdrom-e.pdf/

http://cdrom-e.pdf/

http://cdrom-e.pdf/

http://tr03-e.pdf/

http://tr03-e.pdf/

http://cdrom-e.pdf/



Transparency

9.2

A. Overall active partnership policy in close

co-operation with the three constituents

B. The ILO works in the field with its decentralised

offices and multidisciplinary teams

C. Direct contacts involve a visit

to the country

D. Employers’ and workers’ organisations should

be involved in direct contacts

Standards and technicalco - operation

Part

es

http://tr03-e.pdf/

http://tr04-e.pdf/

http://tr05a-e.pdf/

http://tr06-e.pdf/

http://tr07-e.pdf/

http://tr08-e.pdf/

http://tr10-e.pdf/

http://tr10-e.pdf/

http://tr08-e.pdf/

http://tr07-e.pdf/

http://tr06-e.pdf/

http://tr05a-e.pdf/

http://tr04-e.pdf/

http://tr03-e.pdf/

http://mm09-e.pdf/

http://mm09-e.pdf/

http://mm09-e.pdf/

http://mm09-e.pdf/

http://cdrom-e.pdf/

http://cdrom-e.pdf/

http://cdrom-e.pdf/

http://tr03-e.pdf/

http://tr03-e.pdf/

http://cdrom-e.pdf/



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

t r a n s

p a r

e n c

i e s

Part


http://tr03-e.pdf/

http://tr04-e.pdf/

http://tr05a-e.pdf/

http://tr06-e.pdf/

http://tr07-e.pdf/

http://tr08-e.pdf/

http://tr09-e.pdf/

http://tr09-e.pdf/

http://tr08-e.pdf/

http://tr07-e.pdf/

http://tr06-e.pdf/

http://tr05a-e.pdf/

http://tr04-e.pdf/

http://tr03-e.pdf/

http://mm10-e.pdf/

http://mm10-e.pdf/

http://cdrom-e.pdf/

http://cdrom-e.pdf/

http://cdrom-e.pdf/

http://tr03-e.pdf/

http://tr03-e.pdf/

http://cdrom-e.pdf/



Transparency

10.1



Conventions on basic human rights:Freedom of association:

• Convention (No. 87) on freedom of association and protection

of the right to organise, 1948

• Convention (No.98) on the right to organise and collective

bargaining, 1949

Forced labour:• Convention (No.29) on forced labour, 1930

• Convention (No.105) on the abolition of forced labour, 1957

Non-discrimination:

• Convention (No.100) on equal remuneration, 1951

• Convention (No.111) on discrimination

(employment and occupation), 1958

Minimum age:

• Convention (No.138) on the minimum age for admission

to employment, 1973

Revision of

standards,the standard setting of the ILO and globalisation

Part


http://tr03-e.pdf/

http://tr04-e.pdf/

http://tr05a-e.pdf/

http://tr06-e.pdf/

http://tr07-e.pdf/

http://tr08-e.pdf/

http://tr09-e.pdf/

http://tr09-e.pdf/

http://tr08-e.pdf/

http://tr07-e.pdf/

http://tr06-e.pdf/

http://tr05a-e.pdf/

http://tr04-e.pdf/

http://tr03-e.pdf/

http://mm10-e.pdf/

http://mm10-e.pdf/

http://mm10-e.pdf/

http://prevpage/

http://cdrom-e.pdf/

http://cdrom-e.pdf/

http://cdrom-e.pdf/

http://tr03-e.pdf/

http://tr03-e.pdf/

http://cdrom-e.pdf/



Transparency

10.1bis

Priority conventions:

Employment policy:

• Convention (No. 122) on employment policy, 1964

Labour inspection:

• Convention (No. 81) on labour inspection, 1947

• Convention (No. 129) on labour inspection (agriculture), 1969

Tripartite consultation:• Convention (No. 144) on tripartite consultation on international

labour standards, 1976



Revision of


Part

Proposed revision of standards


http://tr03-e.pdf/

http://tr04-e.pdf/

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http://tr09-e.pdf/

http://tr09-e.pdf/

http://tr08-e.pdf/

http://tr07-e.pdf/

http://tr06-e.pdf/

http://tr05a-e.pdf/

http://tr04-e.pdf/

http://tr03-e.pdf/

http://mm10-e.pdf/

http://mm10-e.pdf/

http://mm10-e.pdf/

http://cdrom-e.pdf/

http://cdrom-e.pdf/

http://cdrom-e.pdf/

http://tr03-e.pdf/

http://tr03-e.pdf/

http://cdrom-e.pdf/



Transparency

10.2


Convention (No. 3) on maternity protection, 1919

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

HOURS OF WORK

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

Convention (No. 79) on night work of young persons(non-industrial occupations), 1946

Convention (No. 90) on night work of children (industry)(revised), 1948

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

Convention (No. 49) on the reduction of hours of work(glass-bottle works), 1935

NIGHT WORK OF CHILDREN AND YOUNG PERSONS

Revision of


Part


bjConventions proposed Conventions proposed

http://tr03-e.pdf/

http://tr04-e.pdf/

http://tr05a-e.pdf/

http://tr06-e.pdf/

http://tr07-e.pdf/

http://tr08-e.pdf/

http://tr09-e.pdf/

http://tr09-e.pdf/

http://tr08-e.pdf/

http://tr07-e.pdf/

http://tr06-e.pdf/

http://tr05a-e.pdf/

http://tr04-e.pdf/

http://tr03-e.pdf/

http://mm10-e.pdf/

http://mm10-e.pdf/

http://mm10-e.pdf/

http://cdrom-e.pdf/

http://cdrom-e.pdf/

http://cdrom-e.pdf/

http://tr03-e.pdf/

http://tr03-e.pdf/

http://cdrom-e.pdf/



Transparency

10.3



for denunciation

Hoursof work

Convention (No.153) on hoursof work and rest periods(road transport), 1979

Convention (No.67) on hours of workand rest periods(road transport), 1939

Holidayswith pay



Socialsecurity

Convention (No.130) on medical careand sickness benefits, 1969

Convention (No.24) on sicknessinsurance (industry), 1927


Convention (No.128) on invalidity,

old-age and survivors’ benefits, 1967

Convention (No.35) on old-age

insurance (industry, etc.), 1933Convention (No.36) on old-ageinsurance (agriculture), 1933

Convention (No.37) on invalidityinsurance (industry, etc.), 1933

Convention (No.38) on invalidityinsurance (agriculture), 1933

Convention (No.39) on survivors’insurance (industry, etc.), 1933

Convention (No.40) on survivors’insurance (agriculture), 1933

Convention (No.168) on employmentpromotion and protection againstunemployment, 1988

Convention (No.44) on unemploymentprovision, 1934

Convention (No.157) on maintenanceof social security rights, 1982

Convention (No.48) on maintenanceof migrants’ pension rights, 1935

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S bj tConventions proposed Conventions proposed

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Transparency

10.3b

SubjectsC v t p p

for ratificationC v t p p

for denunciation

Employment

of women

Convention (No.89) on night work(women) (revised), 1948[and Protocol, 1990] or Convention(No.171) on night work, 1990

Convention (No.4) on night work(women) , 1919, and/or Convention(No.41) (revised) on night work(women), 1934

Minimum

age



Dock

workers



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SubjectsConventions proposed Conventions proposed

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10.4

Subjectsp p

for ratificationp p

for denunciation

Nightwork

Convention (No.171) on night work,1990

Convention (No.20) on night work(bakeries), 1925

Employmentof women

Convention (No.176) on safetyand health in mines

Convention (No.45) on undergroundwork (women), 1935

Migrantworkers


Convention (No.21) on inspectionof emigrants, 1926

Indigenousworkers Convention (No.169) on indigenousand tribal peoples, 1989 and/or

Convention (No.117) on social policy(basic aims and standards), 1962


Convention (No.143)on migrant workers(supplementary provisions), 1975

Convention (No.50) on the recruitingof indigenous workers, 1936

Convention (No.64) on contractsof employment(indigenous workers), 1939

Convention (No.86) on contractsof employment(indigenous workers), 1947

Convention (No.169) on indigenousand tribal peoples, 1989

Convention (No.65) on penal sanctions(indigenous workers), 1939

Convention (No.104) on the abolitionof penal sanctions(indigenous workers), 1955

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Transparency

10.5





Night work:


Hours of work:

Minimum age:

Social security:

Migrant workers:

Dockers:

Indigenous workers:

Convention No.20

Convention No.34

Conventions No.43, 49, and 67

Convention No.60

Conventions No.35, 36, 37, 38,39, 40 and 48

Convention No.21

Convention No.28

Conventions No.50, 64, 65,86 and 104

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Transparency

10.6

Even if Member States have not ratified

the following conventions, the simple fact of their

adherence to the Organisation obliges them

to respect, promote and implement the principles

concerning these fundamental rights:

freedom of association and the effective recognition of the right to collective bargaining;

the elimination of all forms of forced or

compulsory labour;

the effective abolition of child labour; and

the elimination of discrimination in respect of

employment and occupation.

a)

b)

c)

d)

Declaration on

Fundamental Principles and Rights at Work and its Follow-up

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Transparency

10.7


• forced labour

• child labour

• discrimination in employment and occupation

Annual report requires from states members who

have not ratified one or more fundamental conventions on:

- a group of experts appointed by the governing body introduces the reports

- the reports are examined by the governing body

With remarks by employers ’ and workers ’ organizations:Declaration on


Part


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Transparency

10.8


• forced labour

• child labour

• discrimination in employment and occupation

Global report covering one of the four categories of

fundamental principles and rights each year:

- report submitted to the conference

(discussion and guidelines regarding technical cooperation)

To provide a global view of ratified

and unratified conventions:Declaration on


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