International Labor Organization Conventions. List of ILO conventions in force in the Russian Federation Main directions of international legal regulation of labor
Convention No. 11 on the Right to Organize and Association of Workers in agriculture"(1921).
Convention No. 13 “On the use of white lead in painting” (1921).
Convention No. 14 “On weekly rest in industrial undertakings” (1921).
Convention No. 16 Concerning the Compulsory Medical Examination of Children and Young Persons Employed on Board Ships (1921).
Convention No. 23 on the Repatriation of Seamen (1926).
Convention No. 27 “On the Indication of the Weight of Heavy Goods Carried on Ships” (1929).
Convention No. 29 on Forced or Compulsory Labor (1930).
Convention No. 32 concerning the protection against accidents of workers engaged in loading or unloading ships (1932).
Convention No. 42 concerning Workers' Compensation in Case of Occupational Diseases (1934).
Convention No. 45 “On the Employment of Women in Underground Work in Mines” (1935).
Convention No. 47 “On the reduction of working hours to forty hours a week” (1935).
Convention No. 52 “On annual holidays with pay” (1936).
Convention No. 69 “On the issuance of certificates of competency to ships' cooks” (1946).
Convention No. 73 on the Medical Examination of Seafarers (1946).
Convention No. 77 “On the Medical Examination of Children and Adolescents for the Purpose of Determining Their Fitness for Work in Industry” (1946).
Convention No. 78 “On the Medical Examination of Children and Young Persons with a Purpose of Determining Their Fitness for Non-Industrial Work” (1946).
Convention No. 79 “On the Medical Examination of Children and Young Persons with a Purpose of Determining Their Fitness for Work” (1946).
Convention No. 81 on Labor Inspection in Industry and Commerce (1947).
Protocol to the Convention No. 81 (1995).
Convention No. 87 on Freedom of Association and Protection of the Rights to Organize (1948).
Convention No. 90 concerning night work by adolescents in industry (revised 1949).
Convention No. 92 on Accommodation for Crews on Board Ships (revised 1949).
Convention No. 95 “On the Protection wages"(1949).
Convention No. 98 on the Application of the Principles of the Right to Organize and Conduct collective bargaining"(1949).
Convention No. 100 “Concerning equal remuneration for men and women for work of equal value” (1951).
Convention No. 102 on Minimum Standards of Social Security (1952).
Maternity Protection Convention No. 103 (1952).
Convention No. 105 “Abolition of Forced Labor” (1957).
Convention No. 106 “On Weekly Rest in Commerce and Establishments” (1957).
Convention No. 108 “National Identity Document for Seafarers” (1958).
Convention No. 113 on the Medical Examination of Seafarers (1959).
Convention No. 115 “On the Protection of Workers from Ionizing Radiation” (1960).
Convention No. 116 “On the Partial Revision of Conventions” (1961).
Convention No. 117 “On the Basic Norms and Objectives of Social Policy” (1962).
Convention No. 119 “On the provision of protective devices for machinery” (1963).
Convention No. 120 on Hygiene in Commerce and Establishments (1964).
Employment Policy Convention No. 122 (1964).
Convention No. 124 “On the Medical Examination of Young Persons for the Purpose of Determining Their Fitness for Work in Underground Work in Mines and Mines” (1965).
Convention No. 126 on Crew Accommodation on Board Fishing Vessels (1966).
Convention No. 131 concerning the Establishment of Minimum Wages, with Special Consideration to Developing Countries (1970).
Convention No. 133 on Crew Accommodation on Board Ships. Additional Provisions (1970).
Convention No. 134 on the Prevention of Occupational Accidents among Seafarers (1970).
Convention No. 140 on Paid Educational Leave (1974).
Convention No. 142 on Vocational Guidance and Training in Human Resources Development (1975).
Convention No. 148 concerning the Protection of Workers professional risk caused by air pollution, noise, and vibration in the workplace" (1977).
Convention No. 149 “On the employment and working and living conditions of nursing personnel” (1977).
Labor Administration Convention No. 150 (1978).
Convention No. 154 on the Promotion of Collective Bargaining (1981).
Occupational Safety and Health Convention No. 155 (1981).
Workers with Family Responsibilities Convention No. 156 (1981).
Convention No. 157 “On the Establishment international system preservation of rights in the field of social security" (1982).
Convention No. 158 “On termination of employment by the employer” (1982).
Convention No. 159 “On Vocational Rehabilitation and Employment of Persons with Disabilities” (1983).
Convention No. 160 on Labor Statistics (1985).
Convention No. 162 “On occupational safety and health in the use of asbestos” (1986).
Convention No. 166 on the Repatriation of Seafarers (1987).
Convention No. 168 on the Promotion of Employment and Protection against Unemployment (1988).
Convention No. 173 “For the Protection of Workers' Claims in the Event of Insolvency of the Employer” (1992).
Convention No. 174 on the Prevention of Major Industrial Accidents (1993).
Convention No. 175 on Part-Time Work (1994).
Convention No. 178 “On the inspection of working and living conditions of seafarers” (1996).
Convention No. 179 Recruitment and Placement of Seafarers (1996).
Convention No. 181 on Private Employment Agencies (1997).
The ongoing process of ratification of ILO Conventions is of fundamental importance for the formation of labor legislation that meets international standards. Russia is characterized by an accelerated process of formation of new social and labor relations and the creation of appropriate labor legislation (in Western European countries, labor legislation was created over several decades).
As part of the implementation of the General Agreement between all-Russian associations of trade unions, all-Russian associations of employers and the Government of the Russian Federation for 2006-2009. It is proposed to ratify the following conventions.
No. 42 “On compensation to workers in case of occupational diseases” (1934).
No. 97 “On migrant workers” (1949).
No. 102 “On minimum standards of social security” (1952).
No. 117 “On the main goals and norms of social policy” (1962).
No. 131 “On the establishment of minimum wages with special regard to developing countries” (1970).
No. 140 “On paid educational leaves” (1974).
No. 143 “On abuses in the field of migration and on ensuring equality of opportunity and treatment for migrant workers” (1975).
No. 154 “On the promotion of collective bargaining” (1981).
No. 157 “On the establishment of an international system for the preservation of rights in the field of social security” (1982).
No. 158 “On termination of labor relations at the initiative of the entrepreneur” (1982).
No. 166 “On the repatriation of sailors” (1987).
No. 168 “On the promotion of employment and protection against unemployment” (1988).
No. 173 “On the protection of workers’ claims in the event of insolvency of an entrepreneur” (1992).
No. 174 “On the prevention of major industrial accidents” (1993).
No. 175 “On part-time work” (1994).
No. 178 “On inspection of working and living conditions of seafarers” (1996).
No. 184 “On occupational safety and health in agriculture” (2001).
It is customary to classify them on various grounds, including the body that adopted them, legal force (mandatory and advisory), and scope of action (bilateral, local, general).
UN covenants and conventions are binding on all countries that ratify them. The International Labor Organization adopts two types of acts containing standards legal regulation labor: conventions and recommendations. Convention are international agreements and are binding on countries that ratify them. If the convention is ratified, the state takes the necessary measures to implement it at the national level and regularly submits reports to the Organization on the effectiveness of such measures. According to the ILO Constitution, a state's ratification of a convention cannot affect national rules that are more favorable to workers. For unratified conventions, the Governing Body may request information from the state on the state of national legislation and practice in its application, as well as on measures to improve them that are proposed to be taken. Recommendations do not require ratification. These acts contain provisions that clarify, detail the provisions of the conventions, or a model for regulating social and labor relations.
At present, it has been decided to slightly modify the ILO approach to the creation of conventions in order to ensure greater flexibility of legal regulation. Framework conventions will be adopted containing minimum guarantees of workers' rights, supplemented by relevant annexes. One of the first such acts was Convention No. 183 “Revising the Maternity Protection Convention (Revised), 1952.” Row important provisions on maternity protection is contained in the relevant Recommendation. This approach makes it possible to encourage countries with an insufficient level of protection of social and labor rights to ratify this Convention and thereby ensure the minimum guarantees enshrined in it. Some developing countries fear that ratification of ILO conventions will place undue burden on employers. For economically more developed countries, these conventions set guidelines for increasing the level of guarantees. A study of the ILO experience shows that states do not ratify certain conventions on various reasons, including in cases where a higher level of protection of workers' rights is already provided at the national level by law or practice.
Main directions of international legal regulation of labor
The International Labor Organization is actively rule-making activities. During its existence, 188 conventions and 200 recommendations were adopted.
Eight ILO conventions are considered fundamental. They enshrine the basic principles of legal regulation of labor. These are the following conventions.
Convention No. 87 on Freedom of Association and Protection of the Right to Organize (1948), Convention No. 98 Concerning the Application of the Principles of the Right to Organize and Collective Bargaining (1949) establish the right of all workers and employers without prior permission create and join organizations. Government authorities This right must not be limited or prevented from being exercised. Measures are provided to protect the right to freedom of association, to protect trade unions from discrimination, as well as workers' and entrepreneurs' organizations from interference in each other's affairs.
Convention No. 29 Relating to Forced or Compulsory Labor (1930) requires the abolition of forced or compulsory labor in all its forms. Forced or compulsory labor means any work or service that is required of a person under threat of punishment and for which that person has not offered his or her services voluntarily. A list of works that are not included in the concept of forced or compulsory work has been determined.
Convention No. 105 “Abolition of Forced Labor” (1957) strengthens the requirements and establishes the obligations of states not to resort to any form of it as:
- means of political influence or education or as a measure of punishment for the presence or expression of political views or ideological beliefs contrary to the established political, social or economic system;
- method of mobilizing and using labor for economic development;
- means of maintaining labor discipline;
- means of punishment for participation in strikes;
- measures of discrimination based on race, social and national origin or religion.
Convention No. 111 Relating to Discrimination (Employment and Occupation) (1958) recognizes the need for national policies aimed at eliminating discrimination in employment, vocational training on the basis of race, colour, sex, religion, political opinion, national or social origin.
Convention No. 100 Concerning Equal Remuneration for Men and Women for Work of Equal Value (1951) requires States to promote and ensure the implementation of the principle of equal remuneration for men and women for work of equal value. This principle may be applied by national legislation, any system of determining remuneration established or recognized by law, collective agreements between employers and workers, or a combination of various methods. To this end, it is also envisaged to take measures to facilitate an objective assessment of the work performed based on the labor expended. The Convention deals with the issue of basic wages and other remuneration provided directly or indirectly in money or in kind by the employer to the worker by virtue of the latter's performance of certain work. It defines equal remuneration for work of equal value as remuneration determined without discrimination on the basis of sex.
Convention No. 138 on the Minimum Age for Admission to Employment (1973) was adopted to eliminate child labor. The minimum age for employment should not be lower than the age of completion of compulsory education.
Convention No. 182 on the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labor (1999) obliges states to immediately take effective measures to prohibit and eliminate the worst forms of child labor. The purposeful activities of the ILO over the past two decades, as well as the adoption of the 1944 Declaration, have contributed to an increase in the number of ratifications of these conventions.
Four more conventions are considered priority by the ILO:
- No. 81 "On Labor Inspection in Industry and Commerce" (1947) - establishes the obligation of states to have a system of labor inspection in industrial enterprises to ensure the application of legal provisions relating to working conditions and the protection of workers in the course of their work. It defines the principles of organization and activities of inspections, the powers and responsibilities of inspectors;
- No. 129 “On Labor Inspection in Agriculture” (1969) - based on the provisions of Convention No. 81, formulates provisions on labor inspection taking into account the specifics of agricultural production;
- No. 122 “On Employment Policy” (1964) - provides for the implementation by ratifying states of an active policy to promote full, productive and freely chosen employment;
- No. 144, Tripartite Consultation to Promote the Application of International Labor Standards (1976), provides for tripartite consultation between representatives of government, employers and workers at the national level on the development, adoption and application of ILO conventions and recommendations.
In general, we can highlight the following main directions of legal regulation ILO:
- basic human rights;
- employment;
- social politics;
- regulation of labor issues;
- labor relations and working conditions;
- social Security;
- legal regulation of labor of certain categories of workers ( Special attention pays attention to the prohibition of child labor and labor protection for women; a significant number of acts are devoted to regulating the labor of sailors, fishermen and some other categories of workers).
The adoption of new generation conventions is due to a significant number of ILO acts and the urgent need to adapt the standards contained in them to modern conditions. They represent a kind of systematization of international legal regulation of labor in a certain area.
Throughout its history, the ILO has paid significant attention to the regulation of the labor of seafarers and workers in the fishing sector. This is due to the nature and working conditions of these categories of persons, which especially require the development of international standards of legal regulation. About 40 conventions and 29 recommendations are devoted to the issues of regulating the labor of seafarers. In these areas, first of all, new generation IG conventions were developed: “Labor in Maritime Shipping” (2006) and “On Labor in the Fishing Sector” (2007). These conventions should ensure quality new level protection of social and labor rights of these categories of workers.
The same work has been carried out in relation to labor protection standards - we are talking about ILO Convention No. 187 “On the principles promoting occupational safety and health” (2006), supplemented by the corresponding Recommendation. The Convention stipulates that a state that has ratified it shall promote the continuous improvement of occupational safety and health in order to prevent cases of occupational injuries, occupational diseases and deaths at work. To this end, policies, systems and programs are developed in consultation with the most representative employers' and workers' organizations at the national level.
The National Safety and Hygiene System includes:
- regulations, collective agreements and other relevant instruments on occupational safety and health;
- activities of the body or department responsible for occupational safety and health issues;
- mechanisms to ensure compliance with national laws and regulations, including inspection systems;
- measures aimed at ensuring cooperation at the enterprise level between its management, employees and their representatives as a basic element of preventive measures at work.
The Recommendation on the Framework for Promoting Occupational Safety and Health complements the provisions of the Convention and is aimed at facilitating the development and adoption of new instruments and the international exchange of information in the field of occupational safety and health.
In the field of labor relations regulation great importance have conventions on termination of employment and wage protection. ILO Convention No. 158 on Employment Termination (1982) was adopted to protect workers from termination of employment without legal grounds. The Convention establishes the requirement of justification - there must be a legal basis related to the abilities or behavior of the worker or caused by production necessity. It also lists reasons that are not legal grounds for termination of employment, including: membership in a union or participation in union activities; intention to become a workers' representative; acting as a representative of breastfeeding women; filing a complaint or participating in a case brought against an entrepreneur on charges of violating the law; discriminatory grounds - race, color, sex, marital status, family responsibilities, pregnancy, religion, political opinion, nationality or social origin; absence from work while on maternity leave; temporary absence from work due to illness or injury.
The Convention sets out both the procedures to be followed before and during the termination of an employment relationship and the procedure for appealing a decision to dismiss. The burden of proving the existence of a legal basis for dismissal rests with the employer.
The Convention provides for the right of the employee to be given reasonable notice of the planned termination of the employment relationship or the right to monetary compensation in lieu of notice if he has not committed a serious misconduct; the right to severance pay and/or other types of income protection (benefits from the unemployment insurance fund, unemployment funds or other forms of social security). In case of unjustified dismissal, the impossibility of canceling the decision on dismissal and reinstating the worker to his previous job, payment of appropriate compensation or other benefits is expected. In the event of termination of the employment relationship for economic, technological, structural or similar reasons, the employer is obliged to inform the employees and their representatives, as well as the relevant government agency, about this. States at the national level may impose certain restrictions on mass layoffs.
ILO Convention No. 95 “On the Protection of Wages” (1949) contains a significant number of norms aimed at protecting the interests of workers: on the form of payment of wages, on the limitation of payment of wages in kind, on the prohibition of entrepreneurs from limiting the freedom to dispose of their wages at its discretion and a number of other important provisions. In Art. 11 of this Convention stipulates that in the event of bankruptcy of an enterprise or its liquidation in court, workers will enjoy the position of privileged creditors.
The International Labor Organization also adopted Convention No. 131 “On the Establishment of Minimum Wages with Special Consideration to Developing Countries” (1970). In accordance with it, states undertake to introduce a minimum wage system covering all groups of employees whose working conditions make the application of such a system appropriate. The minimum wage under this Convention “shall have the force of law and shall not be reduced.” When determining the minimum wage, the following factors are taken into account:
- the needs of workers and their families, taking into account the general level of wages in the country, the cost of living, social benefits and the comparative standard of living of other social groups;
- economic considerations, including economic development requirements, productivity levels, and the desirability of achieving and maintaining high levels of employment. To ensure the effective implementation of all minimum wage provisions, appropriate measures such as proper inspection, supplemented by other necessary measures, are taken.
List of ILO conventions in force in the Russian Federation
1. Convention No. 11 “On the right of organization and association of workers in agriculture” (1921).
2. Convention No. 13 “On the use of white lead in painting” (1921).
3. Convention No. 14 “On weekly rest in industrial undertakings” (1921).
4. Convention No. 16 “On the compulsory medical examination of children and young people employed on board ships” (1921).
5. Convention No. 23 “On the Repatriation of Seafarers” (1926).
6. Convention No. 27 “On the Indication of the Weight of Heavy Goods Carried on Ships” (1929).
7. Convention No. 29 “Forced or Compulsory Labor” (1930).
8. Convention No. 32 “On the protection against accidents of workers engaged in loading or unloading ships” (1932).
9. Convention No. 45 “On the Employment of Women in Underground Work in Mines” (1935).
10. Convention No. 47 “On the reduction of working time to forty hours a week” (1935).
11. Convention No. 52 “On annual holidays with pay” (1936).
12. Convention No. 69 “On the issuance of certificates of competency for ship's cooks” (1946).
13. Convention No. 73 “On the Medical Examination of Seafarers” (1946).
14. Convention No. 77 “On the medical examination of children and adolescents with a view to ascertaining their suitability for work in industry” (1946).
15. Convention No. 78 “On the Medical Examination of Children and Young Persons for the Purpose of Determining Their Fitness for Non-Industrial Work” (1946).
16. Convention No. 79 “On the Medical Examination of Children and Young Persons for the Purpose of Determining Their Fitness for Work” (1946).
17. Convention No. 87 “On Freedom of Association and Protection of the Rights to Organize” (1948).
18. Convention No. 90 on Night Work by Young Persons in Industry (revised 1948).
19. Convention No. 92 on Accommodation for Crews on Board Ships (revised 1949).
20. Convention No. 95 “On the Protection of Wages” (1949).
21. Convention No. 98 “On the Application of the Principles of the Right to Organize and to Collective Bargaining” (1949).
22. Convention No. 100 “On equal remuneration for men and women for work of equal value” (1951).
23. Maternity Protection Convention No. 103 (1952).
24. Convention No. 106 “On weekly rest in commerce and institutions” (1957).
25. Convention No. 108 “National Identity Document for Seafarers” (1958).
26. Convention No. 111 on Discrimination (Employment and Occupation) (1958).
27. Convention No. 113 “Medical Examination of Seafarers” (1959).
28. Convention No. 115 “On the Protection of Workers from Ionizing Radiation” (1960).
29. Convention No. 116 “On the Partial Revision of Conventions” (1961).
30. Convention No. 119 “On the provision of protective devices for machinery” (1963).
31. Convention No. 120 “On Hygiene in Commerce and Institutions” (1964).
32. Employment Policy Convention No. 122 (1964).
33. Convention No. 124 “On the Medical Examination of Young Persons for the Purpose of Determining Their Fitness for Work in Underground Work in Mines and Mines” (1965).
34. Convention No. 126 on Crew Accommodation on Board Fishing Vessels (1966).
35. Convention No. 133 “On accommodation for crew on board ships”. Additional Provisions (1970).
36. Convention No. 134 “On the Prevention of Occupational Accidents among Seafarers” (1970).
37. Minimum Age Convention No. 138 (1973).
38. Convention No. 142 “On Vocational Guidance and Training in the Field of Human Resources Development”.
39. Convention No. 147 “Minimum Standards on Merchant Ships” (1976).
40. Convention No. 148 “On the protection of workers against occupational hazards caused by air pollution, noise and vibration at work” (1977).
41. Convention No. 149 “On the employment and working and living conditions of nursing personnel” (1977).
42. Convention No. 159 “On Vocational Rehabilitation and Employment of Persons with Disabilities” (1983).
43. Labor Statistics Convention No. 160 (1985).
[unofficial translation]
THE INTERNATIONAL LABOUR ORGANIZATION
CONVENTION No. 159
ON PROFESSIONAL REHABILITATION AND EMPLOYMENT OF DISABLED PEOPLE
General Conference of the International labor organization,
Convened at Geneva by the Governing Body of the International Labor Office and meeting at its 69th Session on 1 June 1983,
Taking note of existing international standards contained in the Retraining of Persons with Disabilities Recommendation, 1955, and the Human Resources Development Recommendation, 1975,
Noting that since the adoption of the Retraining of Disabled Persons Recommendation, 1955, there have been significant changes in the understanding of rehabilitation needs, in the coverage and organization of rehabilitation services, and in the legislation and practice of many Member States on matters within the scope of the said Recommendation,
Considering that 1981 was proclaimed by the United Nations General Assembly as the International Year of Persons with Disabilities under the slogan “Full participation and equality” and that a comprehensive World Program of Action concerning Disabled Persons should pursue effective measures at the international and national levels to realize the goals of “full participation” of persons with disabilities in social life and development, as well as “equality”,
Considering that these changes have made it advisable to adopt new international standards on this issue, which would particularly take into account the need to ensure equality of treatment and opportunity for all categories of persons with disabilities, both in rural and urban areas, in employment and social inclusion,
Having decided to adopt a number of proposals on vocational rehabilitation, which is item 4 of the agenda of the session,
Having decided to give these proposals the form of an international convention,
adopts on 20 June 1983 the following convention, which shall be known as the Vocational Rehabilitation and Employment of Persons with Disabilities Convention, 1983.
Section I. DEFINITIONS AND SCOPE
Article 1
1. For the purposes of this Convention, the term “disabled person” means a person whose ability to obtain, maintain suitable job and promotions are significantly limited due to a properly certified physical or mental impairment.
2. For the purposes of this Convention, each Member shall consider it the objective of vocational rehabilitation to ensure that a disabled person has the opportunity to obtain, maintain suitable employment and advance in career, thereby facilitating his social integration or reintegration.
3. The provisions of this Convention shall be applied by each Member State through measures that are appropriate to national conditions and consistent with national practice.
4. The provisions of this Convention apply to all categories of persons with disabilities.
Section II. PRINCIPLE OF VOCATIONAL REHABILITATION
AND EMPLOYMENT POLICY FOR PEOPLE WITH DISABILITIES
Article 2
Each Member State, in accordance with national conditions, practices and capabilities, shall develop, implement and periodically review national policy in the field of professional rehabilitation and employment of disabled people.
Article 3
This policy is aimed at ensuring that appropriate vocational rehabilitation measures apply to all categories of disabled people, as well as promoting employment opportunities for disabled people in the free labor market.
Article 4
This policy is based on the principle of equality of opportunity for people with disabilities and workers in general. Equality of treatment and opportunity is maintained for men and women workers who are disabled. Special positive measures aimed at ensuring
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