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International Conference Of Work - Full Text Of The Norm

Original Language Title: TRATADOS CONFERENCIA INTERNACIONAL DEL TRABAJO - Texto completo de la norma

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image inicio sitio infoleg MInisterio de Justicia y Derechos Humanos
TREATY

LEY N° 13.560

A number of conventions adopted by the International Labour Conference were adopted.

Sanctioned: September 9-1949

Promulgated: 27-1949.

WHY:

The Senate and Chamber of Deputies of the Argentine Nation, meeting in Congress, sanction with force

LEY:


ARTICLE 1. - Adopt the following Conventions adopted by the International Labour Conference:

N° Year
17 1925 On repair of the accidents of work.
19 1925 On the equal treatment of foreign and national workers in the repair of work accidents.
21 1926 On simplifying the inspection of migrants on board the ships.
22 1926 About seafarers' adjustment contract.
23 1926 On the repatriation of the sailors.
26 1928 On the establishment of methods for fixing minimum wages.
27 1929 On indication of weight in the large bundles transported by ships.
29 1930 On forced or compulsory labour.
30 1930 On regulation of the duration of work in trade and offices.
32 1932 On protection against the accidents of the docker workers, occupied in the load and discharge of the ships (revised).
33 1932 On the age of admission of children to non-industrial work.
34 1933 About retributed placement agencies.
41 1934 On the night work of women (revised).
42 1934 On the repair of professional diseases (revised).
45 1935 On the employment of women in underground work in mines of all kinds.
50 1936 On the regulation of certain particular systems of recruitment of indigenous workers.
52 1936 On annual paid leave.

ARTICLE 2. - Contact the Executive.

Given in the meeting room of the Argentine Congress in Buenos Aires, 9 September 1949.

A. TEISAIRE H. J. CAMPORA
Alberto H. Reales
Rafael V. González


-Registered under number 13.560-

CONVENTIONS ADOPTED BY THE INTERNATIONAL CONFERENCE ON WORK

17.- Repair of work accidents

The General Conference of the International Labour Organization of the League of Nations.

Convened in Geneva by the Governing Council of the International Labour Office, and assembled in Geneva on 19 May 1925 at its seventh meeting.

After having decided to adopt various proposals relating to the repair of work accidents, a matter covered by the first point of the agenda of the meeting, and

Having decided that such proposals would review the form of a draft international convention,

Adopts, on 10 June, one hundred and twenty-five, the following draft convention, to be submitted for ratification by the members of the International Labour Organization, in accordance with the provisions of part XIII of the Versailles treaty and relevant parts of the other peace treaties:

Art. 1 - Any member of the International Labour Organization ratifying this Convention is obliged to ensure that victims of work accidents or their entitlements, conditions of redress at least equal to those provided for in this Convention.

Art. 2° - Legislations and regulations on the repair of work accidents shall apply to workers, employees or apprentices occupied by companies, farms or establishments of any kind, public or private.

However, it will be the responsibility of each member to provide for such exceptions as it deems necessary in their national legislation as regards:

(a) Persons who carry out any work other than the employer ' s company;

(b) Homeworkers;

(c) The members of the employer ' s family who work exclusively on his behalf and live with him;

(d) Non-manual work which exceeds a limit that may be set by national legislation.

Art. 3 - They are not covered by this convention:

1 Seafarers and fishers to be the subject of a further convention;

2° Persons enjoying a special regime at least equivalent to that provided for in this Convention.

Article 4 - This Convention shall not apply to agriculture, for which the Convention on the Repair of Occupational Accidents in Agriculture, adopted by the International Labour Conference at its third meeting, will continue to apply.

Art. 5 - The compensation to be paid in the event of an accident followed by death, or, in the event of an accident that determines a permanent disability, the victim or his or her survivors will be paid in the form of income.

However, these compensations may be paid in full or in part in the form of capital when the competent authorities are guaranteed reasonable employment.

Article 6: In the event of incapacity, compensation shall be awarded, later on, on the fifth day after the accident, either attributable to the employer or to an accident insurance institution or to a disease insurance institution.

Art. 7 - A compensation supplement shall be granted to victims of accidents who are disabled and need constant assistance from another person.

Art. 8 - National legislations shall insert the necessary inspection measures, as well as the procedures for the review of compensation.

Art. 9 - Victims of work accidents shall have the right to medical assistance and to surgical and pharmaceutic assistance that is recognized as necessary as a result of accidents. Medical assistance will be taken into account, either by the employer, or by accident insurance institutions, or by disease insurance or disability institutions.

Art. 10. - The victims of work accidents shall be entitled to the provision and normal renewal, by the employer or by the insurer, of the prosthesis and orthopaedia devices whose use is recognized as necessary. However, national legislation may, on an exceptional basis, allow the provision and renewal of equipment to be replaced by the granting of additional compensation to the victim of the accident, which will be set at the time of the determination or review of the amount of reparation and which represents the probable cost of the supply and renewal of such devices.

National legislation will include, with regard to the renewal of equipment, the control measures necessary to avoid abuse or to ensure the proper use of supplementary compensation.

Art. 11. - The national legislation shall include provisions that, given the particular conditions of each country, are more appropriate to ensure in all circumstances the payment of reparation to victims of accidents and their beneficiaries, and to guarantee them against the insolvency of the employer or the insurer.

Art. 12. - The official ratifications of this Convention, under the conditions provided for in part XIII of the Versailles Treaty and in the relevant parts of the other peace treaties, shall be communicated to the Secretary-General of the League of Nations and registered by him.

Art. 13. This Convention shall enter into force as soon as the Secretary-General has registered the ratifications of two members of the International Labour Organization.

This Convention shall require only members whose ratification has been registered with the Secretariat of the League of Nations.

This Convention shall enter into force for each member thereafter on the date of its ratification in the Secretariat.

Art. 14. The ratifications of two members of the International Labour Organization, the Secretary-General of the League of Nations, shall promptly be registered with the secretariat, shall notify all members of the organization. They shall also be notified of the registration of ratifications that are subsequently communicated by the other members of the organization.

Art.
15. - Subject to the provisions of article 13, any member ratifying this Convention is obliged to apply the provisions of articles 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11, later on 1 January 1927, and to take the necessary measures to implement those provisions.

Art. 16. Any member of the International Labour Organization ratifying this Convention is obliged to apply it in its colonies, possessions or protectorates, in accordance with the provisions of article 421 of the Versailles Treaty and the relevant articles of the other peace treaties.

Art. 17. - Any member who has ratified this Convention may denounce it at the expiration of a period of five years, on the date of its entry into force, by means of a communication addressed to the Secretary-General of the League of Nations, and registered by it. The complaint shall not take effect until one year after the date of registration in the secretariat.

Art. 18. - The Governing Council of the International Labour Office shall submit to the General Conference, at least once every 10 years, a report on the implementation of this Convention and decide whether to include in the agenda of the Conference the revision or modification of that convention.

Art. 19. The French and English texts of this Convention are equally authentic.


19.- Equal treatment of foreign and national workers in the repair of work accidents

The General Conference of the International Labour Organization of the League of Nations,

Convened in Geneva by the Governing Council of the International Labour Office, and assembled in Geneva on 19 May 1925 at its seventh meeting,

After having decided to adopt a number of proposals on equal treatment for foreign workers and nationals, victims of work accidents, second issue on the agenda of the meeting, and

Having decided that such proposals would review the form of a draft international convention,

Adopts, on 5 June, a thousand nine hundred, the following draft convention to be submitted for ratification by members of the International Labour Organization, in accordance with the provisions of Part XIII of the Treaty of Versailles and relevant parts of the other peace treaties:

Art. 1 - Any member of the International Labour Organization ratifying this Convention is obliged to grant the nationals of any other member who has ratified it and who are victims of accidents of the work that occurred in the territory of the International Labour Organization, or their beneficiaries, the same treatment that ensures their own nationals in the repair of accidents of work.

This equal treatment shall be accorded to foreign workers and their beneficiaries, without any residence status. However, with regard to payments to be made by a member or its nationals outside its own territory under this principle, the provisions to be made shall, if necessary, be governed by specific arrangements with the members concerned.

Art. 2° - For the repair of accidents to the employed workers in a temporary or intermittent manner in the territory of a member on behalf of a company domiciled in the territory of another member, it may be determined by special agreement among the members concerned, that the legislation of the latter shall apply.

Art. 3 - Members ratifying this Convention and in which there is no compensation or insurance system that is so high for work accidents agree to institute such a regime within three years of ratification.

Article 4 - Members ratifying this Convention are obliged to provide assistance to each other in order to facilitate its implementation, as well as the implementation of their respective laws and regulations concerning the repair of work accidents, and to communicate to the International Labour Office, which shall notify the other members concerned of any modification of the existing laws and regulations regarding the repair of work accidents.

Article 5 - The official ratifications of this Convention under the conditions provided for in Part XIII of the Versailles Treaty and in the relevant parts of the other peace treaties shall be communicated to the Secretary-General of the League of Nations and registered by him.

Article 6 - This Convention shall enter into force as soon as the Secretary-General has recorded the ratifications of two members of the International Labour Organization.

This agreement shall only require members whose ratification has been registered with the secretariat.

The present Convention shall enter into force for each member on the date of registration of ratification by the secretariat.

Article 7 - Immediately recorded in the secretariat the ratifications of two members of the International Labour Organization, the Secretary-General of the League of Nations shall notify all members of that organization. It shall also notify them of the registration of ratifications that are subsequently communicated to it by the other members of the organization.

Article 8 - Subject to the provisions of article 6, any member ratifying this Convention undertakes to apply the provisions of articles 1, 2nd, 3rd and 4th, later, on 1 January 1927, and to take such measures as may be necessary to give effect.

Article 9 - Any member of the International Labour Organization ratifying the present Convention undertakes to apply it in its colonies, possessions or protectorates, in accordance with the provisions of article 21 of the Treaty of Versailles and the relevant articles of the other peace treaties.

Art. 10. - Any member who has ratified this Convention may denounce it at the expiration of a period of ten years, counted from the entry into force of the Convention, by means of a communication to the Secretary-General of the League of Nations, who shall register it. The complaint shall not take effect until one year after the date of registration in the secretariat.

Art. 11. The Governing Council of the International Labour Office shall submit, at least once every 10 years, to the General Conference a report on the implementation of this Convention, and shall decide whether to include in the agenda of the conference the question of the amendment of that Convention.

Art. 12. - The French and English texts of this Convention are equally authentic

Recommendation on equal treatment of foreign and national workers in the area of work accident repair

The General Conference of the International Labour Organization of the League of Nations,

Convened in Geneva by the Governing Council of the International Labour Office, and assembled in that city on 19 May 1925 at its seventh meeting,

After having decided to adopt various proposals regarding equal treatment for both foreign and domestic workers, victims of work accidents, second issue inscribed on the agenda of the meeting, and

After having decided that such proposals review the form of a recommendation,

Adopts, on 5 June, one hundred and twenty-five, the following recommendation, to be submitted for consideration by members of the International Labour Organization, for implementation, in the form of national law or otherwise, in accordance with the provisions of part XIII of the Peace Treaty:

I.- The conference recommends that, for the implementation of the Convention on the Equal Treatment of Foreign or National Workers for the Repair of Occupational Accidents, each member of the Organization Take the necessary measures:

(a) To facilitate the recipients of compensation that does not reside in the country in which they are to be paid, the collection of the amounts owed to them and to guarantee the observance of the conditions laid down in the laws and regulations for the payment of such amounts:

(b) In order for a person who does not reside in the country where his or her right to compensation originates, or to reduce the amount of compensation due to a person who does not reside in the country where his or her right to compensation arises, an action may be brought before the competent courts of that country, without the person being obliged to be present in person;

(c) For the benefit of exemptions from tax rights, the free issuance of official documents and the other advantages granted by a member ' s legislation in the area of repair of work accidents, to be extended under the same conditions to nationals of other members who have ratified the above-mentioned agreement.

II.- The conference recommends that in countries where there is no regime in countries where there is no regime of compensation or fixed insurance for work accidents, Governments, until such regime is instituted, facilitate the benefit of foreign workers ' domestic legislation in the area of repair of work accidents


21.- Simplification of the inspection of migrants on board ships

The General Conference of the International Labour Organization of the League of Nations,

Convened in Geneva by the Governing Council of the International Labour Office, and assembled in Geneva on 26 May 1926 at its eighth meeting.

After approving various proposals concerning the simplifications of the inspection of migrants on board, an issue inscribed on the agenda of that meeting, and

Having agreed that such proposals would review the form of a draft international convention,

Adopts, on 5 June, one hundred and twenty-six, the following draft convention, for ratification by the members of the International Labour Organization, in accordance with the provisions of Part XIII of the Treaty of Versailles and relevant parts of the other peace treaties:

Art. 1 - For the implementation of this Convention, the competent authorities of each country shall define the terms "good of migrants" and "immigrants".

Article 2 - Any member ratifying this Convention undertakes to accept, in principle, and subject to the following provisions, that the official inspection service responsible for ensuring the protection of migrants on board in a "good of migrants" is not carried out by more than one government.

This provision is no obstacle for the Government of another country to occasionally accompany its migrants by one of its representatives on its coast as an observer and provided that it does not interfere with the functions of the official inspector.

Art. 3° - If an official inspector of the emigrants is installed on board a ship of emigrants, he shall, as a rule, be appointed by the government of the country whose pavilion carries the boat. However, such an inspector may be appointed by another Government in accordance with the agreement between the Government of the country whose flag carries the boat and one or more governments to whose nationalities are owned by the migrants on board.

Article 4 - The determination of the practical knowledge and the indispensable professional and moral qualities that will be required of an official inspector shall be within the competence of the government that designates him.

An official inspector cannot, in any case, be directly or indirectly involved in or dependent on the shipowner or the navigation company.

This provision is no obstacle for a government, exceptionally and bound by absolute necessity, to designate the ship's doctor as an official inspector.

Article 5 - The official inspector shall ensure respect for the rights of migrants under the law of the country whose flag bears the boat or any other law applicable, as well as international agreements and transport contracts.

The government of the country whose flag bears the ship shall communicate to the official inspector, whatever his nationality, the text of the existing laws and regulations that interfere with the status of the migrants, as well as the international agreements and contracts in force concerning the same object, which have been communicated to that government.

Article 6 - The authority of the captain on board does not lie with this Convention. The official inspector shall in no case interfere with the authority of the captain, and shall only ensure the application of the laws, regulations, agreements or contracts that relate directly to the protection and well-being of migrants on board.

Art. 7° - Eight days after arrival at the destination port, the official inspector will submit a report to the Government of the country to which the ship belongs, which will communicate a copy of this report to the other interested Governments that have previously requested it.

A copy of this report will be delivered by the official inspector to the ship's captain.

Article 8 - The official ratifications of this Convention under the conditions provided for in Part XIII of the Versailles Treaty and in the relevant parts of the other peace treaties shall be communicated to the Secretary-General of the League of Nations and registered by him.

Article 9 - This Convention shall enter into force as soon as the ratifications of two members of the International Labour Organization have been registered by the Secretary-General.

This Convention shall require only members whose ratification has been registered with the secretariat.

This Convention shall enter into force for each member on the date of registration with the secretariat.

Art. 10. As soon as the ratifications of two members of the International Labour Organization are recorded in the secretariat, the Secretary-General of the League of Nations shall bring the matter to the attention of all members of the International Labour Organization. You will also notify them of the registration of ratifications communicated to you by the other members of the organization.

Art. 11. - Subject to the provisions of article 9, any member ratifying this Convention undertakes to implement articles 1, 2, 3, 4, 5, 6 and 7, later on 1 January 1928, and to take the necessary measures to implement those provisions.

Art. 12. - Any member of the International Labour Organization ratifying this Convention undertakes to apply it in its colonies, possessions or protectorates, in accordance with the provisions of article 421 of the Versailles Treaty and the relevant articles of the other peace treaties.

Art. 13. - Any member ratifying this Convention may denounce it upon expiry of a ten-year period from the time this Convention enters into force by communicating it to the Secretary-General of the League of Nations, who shall register the complaint. The complaint shall have effect only one year after it has been registered with the secretariat.

Art.14. - At least once every 10 years the Governing Council of the International Labour Office shall submit to the General Conference a report on the implementation of this Convention, and shall decide whether it is appropriate to register the question of the revision or modification of that Convention in the agenda of the Conference.

Art. 15. The French and English texts of this Convention are equally authentic.

22.- Sealing adjustment contract

The General Conference of the International Labour Organization of the League of Nations,

Convened in Geneva or the Governing Council of the International Labour Office, and gathered in Geneva on 7 June 1926 at its ninth meeting.

After having decided to adopt a number of proposals relating to the contract of enlistment of the seafarers, an issue included in the first point of the agenda of the meeting, and after having decided that such proposals would review the form of a draft international convention.

Adopts, on the twenty-fourth of June, nine hundred and twenty-six, the following draft convention for ratification by the members of the International Labour Organization, in accordance with the provisions of Part XIII of the Treaty of Versailles and relevant parts of the other peace treaties:

Article 1 - This Convention applies to all sea vessels registered in the country of one of the members ratifying this Convention and to the shipowners, captains and seamen of these ships.

Not applicable:

To the warships,

State ships with no commercial application,

To the ships affections of national execution,

To the recreation yachts,

To ships under the name Indian country craft,

To fishing boats,

To the vessels of a gross displacement of less than one hundred tons, or three hundred cubic meters and, if it is a matter of ships affectionate to Home trade, of a displacement less than the limit set for the particular regime of these ships by the national legislation in force at the time of the adoption of this Convention.

Article 2 - For the application of this Convention, the following terms must be understood:

(a) The term "ship" includes all ships or vessels of any kind, whether of public or private property, which usually performs a maritime navigation;

(b) The term "marine" includes any person employed or hired on board, under any title whatsoever, and listed on the crew list, except from the captains, pilots, pupils of the ships schools and apprentices, when they are bound by a special learning contract; it excludes the crews of the war fleet and other persons to the permanent service of the State;

(c) The term "capitán" includes anyone who has the command and responsibility of a ship, except for the pilots;

(d) The terms "navios affections al home trade" apply to ships affections to trade between ports of a given country and ports of a neighbouring country, on the geographical limits set by national legislation.

Art. 3rd - The enlistment contract is signed by the shipper or his representative and by the seaman.

They must give the navy, and eventually their counselor, facilities to examine the enlistment contract before it is signed.

The terms of the contract to be signed by the seafarer shall be determined by law, so as to ensure that the competent public authority is able to ensure compliance.

The above provisions relating to the signature of the contract are considered to be observed if it is established by a record of the competent authority that the terms of the contract have been confirmed at the same time by the shipper or its representative and by the seaman.

National legislation should provide for provisions to ensure that the seafarer understands the meaning of the contract clauses.

The contract should not contain any provision that is contrary to national legislation or this Convention.

National legislation should provide for all other formalities and guarantees concerning the conclusion of the contract deemed necessary to protect the interests of the shipper and the marine one.

Article 4 - Appropriate measures should be taken, in accordance with national legislation, to ensure that the enlistment contract does not contain any clause by which the parties agree in advance to repeal the normal rules of jurisdiction.

This provision should not be interpreted as excluding recourse to arbitration.

Art. 5° - All marines must receive a document containing the mention of their services on board the ship. National legislation should determine the form of this document, the mentions to be made and the conditions under which it should be established.

This document shall not contain any appreciation of the quality of the work of the mariner or any indication of his salary.

Article 6 - The enlistment contract may be made for a specified duration, or for travel, or, if the national legislation permits it, for an undetermined duration.

The enlistment contract should clearly indicate the respective rights and obligations of each party.

It must contain, obligatoryly, the following mentions:

1 The name and name of the mariner, the date of his birth or his age, as well as the place of his birth;

2° The place and date of conclusion of the contract;

3° The designation of the ship or ships on board of which or of which the mariner undertakes to serve;

4° Cash from the ship ' s crew, if national legislation prescribes this reference;

5° The journey or travel undertaken, if determined at the time of the contract;

6° The service to which the marine must be added;

7° If possible, the place and date on which the mariner is obliged to appear on board to begin his service;

8° Vivites to supply the mariner, except where the national legislation provides for a different regime;

9° The amount of wages;

10. The term of the contract, that is:

(a) If the contract has been entered into for a specified duration, the date set for the expiration of the contract;

(b) If the contract has been signed by travel, the agreed destination for the termination of the contract and the indication of the time limit for which the mariner will be licensed after his arrival at that destination;

(c) If the contract has been made for undetermined duration, the conditions under which each party may report the contract, as well as the notice period, may not be shorter for the shipper than for the mariner.

11. The annual paid permit, agreed upon to the seafarer, after one year at the service of the shipper, if the national legislation provides for such permission;

12. All other mentions that national legislation imposes.

Article 7: When the national legislation provides that a list of crews will be on board, it must indicate that the enlistment contract has been transcribed on the crew list or added to this list.

Article 8: In order to enable the mariner to ensure the nature and scope of his or her rights and obligations, national legislation must provide for provisions that establish the necessary measures to ensure that the mariner can be informed in a precise way, on board, of the conditions of his or her employment, either because the provisions of the enlistment contract are fixed on a site easily accessible to the crew, or by any other appropriate measure.

Art. 9° - The contract of enlistment for indeterminate duration expires by denunciation of the contract, by one or another of the parties, in a port of load or discharge of the ship, on the condition that the notice period agreed to this end is observed, and that it must be at least twenty-four hours.

The notice should be given in writing; national legislation should determine the conditions under which the notice should be given, in a manner that avoids any further objection by the parties.

National legislation must determine the exceptional circumstances in which the notice period, even if it is given on a regular basis, shall not effect termination of the contract.

Art. 10. - The contract of enlistment concluded by travel, for a specified or undetermined duration, shall be legally terminated in the following cases:

(a) Mutual consent of the parties;

(b) Marine failure;

(c) Loss or absolute incapacity of the vessel for navigation;

(d) Any other case stipulated by national legislation or this Convention.

Art. 11. - The national legislation must establish the circumstances in which the shipper or the captain has the power to immediately fire the seafarer.

Art. 12. The national legislation should also determine the circumstances in which the mariner has the authority to request his immediate disembarkation.

Art. 13. - If the mariner proves to the shipowner or his representative that he has the possibility of obtaining the command of a ship, the use of an officer, the officer of a mechanical officer, or any other employment of a higher category than the one he holds, or that, due to circumstances arising after his contract, the abandonment presents for him a capital interest, he may request his license on condition that he ensures his substitution by a competent person, accepted by the shipper or his representative, for it.

In this case, the mariner has the right to pay for the duration of the service provided.

Art. 14. - Whatever the cause of expiration or termination of the contract, the cancellation of any enlistment must be recorded in the document delivered to the mariner, pursuant to article 5, and in list the crew, with a special mention, which, at the request of one or another of the parties, must have the visa of the competent public authority.

In all cases the seafarer has the right to be given a separate certificate by the captain in which his work is appreciated or at least indicated whether he has fulfilled the obligations of his contract.

Art. 15. - It is up to national legislation to provide for appropriate measures to ensure compliance with the provisions of this convention.

Art. 16. - The official ratifications of this Convention under the conditions provided for by Part XIII of the Versailles Treaty and the relevant parts of the other peace treaties shall be communicated to the Secretary-General of the League of Nations and registered by him.

Art. 17. This Convention shall enter into force when the ratifications of two members of the International Labour Organization have been registered by the Secretary-General.

It shall only oblige members whose ratification has been registered with the secretariat.

This Convention shall enter into force, for each member, on the date of its ratification by the secretariat.

Art. 18. As soon as the ratifications of two members of the International Labour Organization have been registered with the Secretariat, the Secretary-General of the League of Nations shall notify all members of the International Labour Organization of this fact. It shall also notify them of the registration of ratifications that are subsequently communicated by the other members of the organization.

Art. 19. - Subject to the provisions of article 17, any member ratifying this Convention undertakes to apply the provisions of articles 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 and 15 later on 1 January 1928 and to take such measures as may be necessary to implement these provisions.

Art. 20. Any member of the International Labour Organization ratifying this Convention undertakes to apply it in its colonies, possessions or protectorates, in accordance with the provisions of article 421 of the Versailles Treaty and the relevant articles of the other peace treaties.

Art. 21. - Any member who has ratified this Convention may denounce it upon expiry of a period of ten years, after the date of entry into force of the Convention, by a record communicated to the Secretary-General of the League of Nations and registered by it. The complaint may not have effect only one year after registration in the Secretariat.

Art. 22. - The Governing Council of the International Labour Office shall submit to the Conference, at least once every 10 years, a report on the implementation of this Convention and decide whether the question of the revision or modification of that Convention should be inscribed on the agenda of the conference.

Art. 23. The French and English texts of this Convention are equally authentic.

23.- Repatriation of mariners

The General Conference of the International Labour Organization of the League of Nations;

Convened in Geneva by the Governing Council of the International Labour Office, and assembled in Geneva on 7 June 1926 with its ninth meeting;

After having decided to adopt various proposals concerning the repatriation of seafarers, a matter covered by the first item on the day of the meeting, and

After having decided that such proposals review the rule of a draft international convention, it adopts, on the date of twenty-third of June, one hundred and twenty-six, the following draft convention for ratification by the members of the International Labour Organization, in accordance with the provisions of part XIII of the Treaty of Versailles, and relevant parts of the other peace treaties:

Article 1 - This Convention applies to all ships that are regularly devoted to maritime navigation and that are registered in the country of one of the members that has ratified this Convention, as well as to the owners, captains and crew members of these vessels.

This Convention does not apply:

Warships,

To non-trade State ships,

To ships dedicated to the national celebration,

To the recreation yachts,

The Indian country craft,

The fishing boats.

To ships of a displacement less than 100 tons or 300 cubic meters, and if it is a ship dedicated to the home trade, the travel limit is the fixed for the particular regime of these ships by the national legislation in force at the time of adoption of this Convention.

Article 2 - With regard to the application of this Convention, the following terms shall be understood as follows:

(a) The term "ship" refers to any ship or ship of any kind, of public or particular property, which is regularly devoted to maritime navigation;

(b) The term "marine" includes all persons (except captains, pilots, pupils of school vessels and apprentices bound by a special learning contract) employed or hired on board and listed on the crew.

The crew members of the war fleet and other seamen are excluded to the permanent service of the State;

(c) The term "capitán" refers to all people, except pilots who command and have the responsibility of a ship;

(d) The term "good intended for the home trade" applies to vessels that trade between the ports of a given country and the ports of a neighbouring country, within the geographical limits set by national legislation.

Art. 3° - Every sailor disembarked during his contract or at the end of the contract has the right to be transported to his country, to the point of enlistment or to the point of departure of the ship. National legislation should take the necessary steps to this end, particularly to determine who repatriation is concerned.

Repatriation is considered as insured when the mariner has been given an acceptable employment on board a ship headed to one of the destinations determined by the preceding paragraph.

The ship is considered to be repatriated in its country, at the point of its enlistment, at a nearby point or at the port of departure of the ship.

National legislation, and in the absence of legislative provisions to the enlistment contract, shall determine the conditions under which foreign seafarers are entitled to repatriate in a country other than their own. However, the provisions of the preceding paragraphs remain applicable to seafarers in their own country.

Article 4 - Repatriation costs shall not be incurred by the mariner, if the latter has been abandoned by:

(a) An accident in the course of service on board;

(b) A shipwreck;

(c) A disease that cannot be attributed to a voluntary act or to a negligence thereof;

(d) Deployed for any cause other than his will.

Art. 5 - Repatriation compensation must include all costs relating to transportation, accommodation and maintenance of the mariner during the journey. The costs of the seaman on land are included until he returns.

When the sailor is repatriated as a member of a crew, he shall have the right to pay for the services provided during the journey.

Art. 6°- The public authority of the ship ' s flag country shall be obliged to take care of the repatriation of all seafarers, without distinction of nationality, in cases where this Convention applies to them. If necessary, it should advance repatriation costs.

Article 7 - The official ratifications of this Convention under the conditions provided for in Part XIII of the Treaty of Versailles and relevant parts of the other peace treaties shall be communicated to the Secretary-General of the League of Nations and registered by him.

Article 8 - This Convention shall enter into force when the ratifications of two members of the International Labour Organization are registered by the Secretary-General.

It shall only require members whose ratification has been registered by the Secretariat.

This Convention shall enter into force for each member on the date the ratification has been registered by the Secretariat.

Article 9 - Immediately after the ratifications of the members of the International Labour Organization have been registered by the Secretariat, the Secretary-General of the League of Nations shall notify all members of the International Labour Organization of this fact; it shall also notify them of the registration of ratifications that are subsequently communicated to it by the other members of the organization.

Art. 10. - Subject to the provisions of article 8, any member ratifying this Convention undertakes to apply the provisions of articles 1, 2, 3, 4, 5 and 6 later, on 1 January 1928 and to take the necessary measures to implement these provisions.

Art. 11. - Any member of the International Labour Organization ratifying this Convention undertakes to apply it in its colonies, possessions or protectorates, in accordance with the provisions of article 421 of the Treaty of Versailles and related articles of other peace treaties.

Art. 12. - Any member who has ratified this Convention may denounce it at the expiration of a period of ten years, after the date, when the Convention is first brought into force by a record communicated to the Secretary-General of the League of Nations and by it registered. The complaint shall have no effect more than one year after registration by the Secretariat.

Art. 13. The Governing Council of the International Labour Office shall, at least once every 10 years, submit to the General Conference a report on the implementation of this Convention and decide whether the question of the revision or modification of that convention should be inscribed on the agenda of the conference.

Art. 14. The French and English texts of this Convention are equally authentic.

26.- Institution of methods for setting minimum wages

The General Conference of the International Labour Organization of the League of Nations;

Convened in Geneva by the Council by the Governing Council of the International Labour Office, and assembled in that city on 30 May 1928 at its eleventh meeting;

After having decided to adopt various proposals concerning the methods of fixing minimum wages, which constitutes the first point of the agenda of the meeting, and

After having decided that such proposals would review the form of a draft international convention, it adopted, on 16 June, a thousand nine hundred seven hundred seventy eighteen, the following draft convention for ratification by the members of the International Labour Organization, in accordance with the provisions of part XIII of the Treaty of Versailles and relevant parts of the other peace treaties:

Art. 1 - Any member of the International Labour Organization ratifying this Convention undertakes to establish or conserve methods that permit the setting of minimum wage rates for workers employed in industries or parts of industry (especially in the home industries) where there is no effective regime for the fixing of wages, through collective contracts or other systems, and where wages are exceptionally low.

The word "industries" includes, for the purposes of this Convention, the transformation industries and trade.

Article 2 - Each member ratifying this agreement is free to decide, after consulting the employers ' and workers ' organizations, whether they exist in the industry or part of the industry in question, to which industries or parts of industry, and especially to which industries at home or part of these industries, the methods for setting minimum wages, as provided for in Article 1.

Article 3 - Each member ratifying this Convention is free to determine the methods for fixing minimum wages and the modalities for its implementation.

However,

1 Before applying the methods to an industry, or part of a particular industry, the representatives of the employers and the workers concerned, the representatives of their respective organizations shall be consulted, if they exist: all persons, especially qualified, whether by their profession or their functions, and to whom the competent authority believes appropriate to address, shall also be consulted;

2° Interested employers and workers shall participate in the application of the methods, in the form and to the extent that they shall determine national legislation, but always in equal number and on the same footing as equality;

3° The minimum wage rates set shall be compulsory for the employers and workers concerned and shall not be reduced by them, either by individual agreement or by collective contract, except by general or particular authorization of the competent authority.

Art. 4° - Any member ratifying this Convention must take the necessary measures by means of a system of control and sanctions, so that the employers and workers concerned may know the minimum wage rates in force and that the wages paid are not less than the applicable minimum rates.

Any worker to whom the minimum rate is applicable and who has received lower wages shall have the right to receive the amount owed to him, within a time limit set by national law, by court or by any legal means.

Article 5 - Any member ratifying this Convention shall send a general report to the Labour Office every year containing the list of industries or parts of industry to which the methods of fixing minimum wages are applied, while making available, at the same time, the modalities of application of these methods and their results. This presentation will contain summary indications of the approximate number of workers subject to this regulation, the minimum wage rates set and, if necessary, the other important measures taken with respect to them.

Article 6 - The official ratifications of this Convention in accordance with the conditions provided for in Part XIII of the Treaty of Versailles and relevant parts of the other peace treaties shall be communicated to the Secretary-General of the League of Nations and registered by him.

Article 7 - This Convention shall require only members of the International Labour Organization whose ratification has been registered with the secretariat.

It will enter into force 12 months after the ratifications of two members were registered by the Secretary-General.

This agreement shall enter into force for each member twelve months after the date of registration of its ratification.

Article 8: As soon as the ratifications of two members of the International Labour Organization have been registered with the secretariat, the Secretary-General of the League of Nations shall notify all members of the International Labour Organization. It shall also notify them of the registration of ratifications that are subsequently communicated to it by the other members of the organization.

Art. 9th - Any member who has ratified this Convention may denounce it at the expiration of a period of ten years after the date of the entry into force of the Convention, by a record communicated to the Secretary-General of the League of Nations and registered by it. The complaint shall take effect one year after it has been registered with the secretariat.

Any member who has ratified this Convention, and who, within one year, after the expiration of the period of ten referred to in the preceding paragraph, shall not use the power of denunciation, provided for in this article, shall be bound for a further period of five years and, thereafter, may denounce this Convention at the expiration of each period of five years, within the conditions provided for in this article.

Art. 10. - At least once every 10 years the Governing Council of the International Labour Office shall submit to the conference a report on the implementation of this convention and decide whether the question of the revision or modification of the convention should be inscribed on the agenda of the conference.

Art. 11. The French and English texts of this convention are equally authentic.

Recommendation concerning the application of methods for setting minimum wages

The Conference
General of the International Labour Organization of the League of Nations,

Convened in Geneva by the Governing Council of the International Labour Office, and assembled in that city on 30 May 1928 at its eleventh meeting;

After having agreed, to adopt various proposals concerning the methods of fixing minimum wages, which constitutes the first point of the agenda of the meeting, and

After having decided that such proposals review the form of a recommendation,

It adopts, on 16 June, nine hundred and twenty-eight, the following recommendation, to be submitted for consideration by members of the International Labour Organization, to have effect in the form of national law or other form, in accordance with the provisions of part XIII of the Versailles Treaty and relevant parts of the other peace treaties.

A

The Conference General of the International Labour Organization,

Having adopted a draft convention on the establishment of methods for fixing minimum wages, and


Wishing to complete this draft convention by recalling, as an indication to Member States, certain general principles which, according to current experience and practice, give satisfactory results,


Recommends that each member of the organization take into consideration the following principles and rules:

I

(1) In order for each member to ratify the agreement to be in possession of the necessary information that will allow him to make a decision with reference to the application of the methods for setting minimum wages, the actual paid wages and the regime, if any, for the regulation of wages, should be the subject of a survey in each industry or part of industry in which employers or workers request the application of the methods, and provide data that prove, of course, not effective wage fixing.

(2) Without affecting the freedom that the draft convention leaves Member States for the determination, in their respective countries, of the industries or parts of industries to which they deem it appropriate to apply the methods for fixing minimum wages, there may be an interest in examining more particularly the industries or parts of industries where women are usually employed.

II

(1) The methods for fixing minimum wages, whatever their form (e.g., industry councils for each industry in particular, central councils for industry groups, compulsory arbitration courts) should lead to a preliminary survey on the conditions of industry or part of the industry in question, as well as the consultation of the essential and mainly interested parties, i.e., employers and workers, of this industry or part of industry, should be given equal consideration in all cases.

2. a) In order to give greater authority to the eventual established types, it would be desirable for employers and interested workers to have a direct or joint participation in the deliberations. and in the decisions of the agencies for the fixing of wages, through equal representatives in number and with equal number of votes. In any case, if such representation is granted to one of the two parties, the other shall be represented on the same level of equality. The agencies responsible for setting minimum wages should also include one or more independent persons whose votes make it possible to adopt decisive agreements in the event that the votes of employers and workers were divided into equal parts; these independent persons should be elected, where possible, in accordance with the employers ' and workers ' representatives of the agencies responsible for setting minimum wages or after consultation.

(b) To this end, employers ' and workers ' representatives may have confidence in those whose interests represent the employers or workers concerned, they must have the right, insofar as circumstances permit, to participate in the designation of their representatives and, in any case, employers ' and workers ' organizations should be invited to propose normes of persons to form part of the agencies for the establishment of wages.

(c)The person or independent persons referred to in subparagraph (a) shall be elected from among persons of one or other sex who necessarily possess the conditions required for the performance of their functions, and who do not have in the industry or branch of the industry concerned, any interest that may imply their bias.

(d) When a large number of women are employed in an industry or branch of an industry, it would be appropriate, to the extent possible, for some of these to form part of the agencies for fixing wages, representation of workers, and for one or more women to be appointed among the independent persons referred to in subparagraph (a).

III

For the determination of the minimum wage rates to be fixed, wage-setting agencies should take into account the need to ensure workers a sufficient standard of living. To that end, it would be first to be inspired by the types of wages paid for similar jobs in the industries where workers are sufficiently organized, and have come to conclude effective collective contracts, and if they do not have this term of comparison, they should be inspired by the general level of wages in the respective country or locality.

Provisions should be made for the revision of the minimum wage rates set by the fixing agencies of the same, when the workers or employers who are part of these agencies so wish.

IV

For the effective protection of the wages of the workers concerned and in order to save the employers the irrigation of unfair competition, the measures aimed at ensuring payment of wages that are not less than the minimum wage set should include:

(a) Measures aimed at bringing employers and workers to the current level of existing types;

(b) An official control of wages effectively paid;

(c) Sanctions in the event of an infringement of the types in force and measures to prevent such violations.

(1) For workers who, of course, have less facilities than employers to inform themselves by their own means about the decisions of the agencies for the fixing of wages, are aware of the minimum types to be paid, employers may be forced to set up detailed tables indicating the types in force, in which the workers are occupied, and for the workers at home in the premises where the work is distributed, or they are delivered where the wages are completed or paid.

(2) A sufficient number of inspectors with powers similar to those who have been proposed for labour inspectors in the recommendation concerning the general principles for the organization of inspection services, adopted by the general conference of 1923; these inspectors shall carry out surveys between the employers and the workers concerned, in order to ascertain whether the salaries actually paid are in accordance with the rates or rates in force, and to take, if any, the cases that are authorized to be infringed.

To make it easier for inspectors to perform their duties, employers They may be obliged to carry complete and accurate lists of wages paid by them, or when they are homeworkers, a list of these workers with their addresses, as well as to supply them with pay cards or other similar documents that contain the necessary data to check whether the actual wages paid are in accordance with the current rates.

(3) In cases where workers are not generally in a position to personally exercise, by the judicial or other legal way, their right to receive the amount of wages due to them in accordance with the minimum rates in force, other effective measures may be envisaged to prevent violations of the rates set.

B

The Conference General of the International Labour Organization believes in the duty to draw the attention of Governments to the principle of equal pay, without distinction as to sex, for work of equal value, enshrined in article 427 of the Peace Treaty

27.- Weight indication in large packages transported by boat

The General Conference of the International Labour Organization of the League of Nations,

Convened in Geneva by the Governing Council of the International Labour Office and assembled in that city on 30 May 1929 at its twelfth meeting;

After having decided to adopt various proposals concerning the indication of the weight in the large packages transported by boat, question included in the first point of the agenda of the meeting, and

Having decided that such proposals would review the form of a draft international convention,

Adopts, on twenty-one July, nine hundred and twenty-nine, the following draft convention for ratification by the members of the International Labour Organization, in accordance with the provisions of Part XIII of the Treaty of Versailles and relevant parts of the other peace treaties:

Art. 1 - Any lump or object that weighs 1,000 kilograms (a metric ton) or more of gross weight, as stated in the limits of the territory of any member ratifying this Convention, and to be transported by sea or by internal navigable way, shall before being boarded, bear its weight on the outside, in a clear and lasting manner.

National legislation may authorize the indication of the approximate weight in exceptional cases where it is difficult to determine the exact weight.

It is only obliged to ensure the observance of this provision by the government of the country of issue of the package or object except the government of any other country whose territory is to pass through the package to reach its destination.

It is incumbent upon national legislation to decide whether the obligation to indicate the weight of the above-mentioned manner should correspond to the sender or other person.

Article 2 - The official ratifications of this Convention under the conditions provided for in Part XIII of the Versailles Treaty and in the relevant parts of the other peace treaties shall be communicated to the Secretary-General of the League of Nations and registered by him.

Article 3 - This Convention shall be binding only on the members of the International Labour Organization whose ratification has been registered with the secretariat.

The Convention shall enter into force twelve months after the ratifications of two members have been registered by the Secretary-General.

This Convention shall enter into force for each member, twelve months after the date of its ratification.

Article 4 - As soon as the ratifications of two members of the International Labour Organization have been registered with the secretariat, the Secretary-General of the League of Nations shall notify all members of the International Labour Organization of this fact. It shall also notify them in the register of ratifications that are subsequently communicated to them by the other members of the organization.

Article 5 - Any member who has ratified this agreement may denounce it at the end of a period of ten years, on the date of entry into force of the Convention, by communication addressed to the Secretary-General of the League of Nations and registered by it. The complaint shall have effect only one year after it has been registered with the secretariat.

Any member who has ratified this Convention and who, within one year, after the expiration of the ten-year period referred to in the preceding subparagraph, does not make use of the authority of denunciation provided for in this article, shall remain for a further period of ten years and, thereafter, may denounce this Convention at the end of each ten-year period under the conditions provided for in this article.

Article 6 - At the end of each ten-year period, counted upon the entry into force of this Convention, the Governing Council of the International Labour Office shall submit to the general conference a report on the implementation of this Convention and decide whether the question of its full or partial review should be inscribed on the agenda of the conference.

Article 7 - In the event that the International Conference adopts a new convention that constitutes a complete or partial review of the present, the ratification by a member of the new revised convention would imply the denunciation in full law of this Convention, without a time limit, despite the preceding article 5, subject to the entry into force of the new revised convention.

From the date of entry into force of the new convention, for review, this Convention may not already be ratified by members.

This Convention shall, however, be in force in its form and content for members who have ratified it and who do not ratify the new revised convention.

Article 8: The French and English texts of this Convention are equally authentic.

29.- Forced or compulsory labour

The General Conference of the International Labour Organization of the League of Nations,

Convened in Geneva by the Governing Council of the International Labour Office and assembled in that city on 10 June 1930 at its tenth meeting;

After having decided to adopt various proposals concerning forced or compulsory labour, which constitutes the first point of the agenda of the meeting, and

Having decided that such proposals would review the form of a draft international convention,

Adopts, on twenty-eight June, nine hundred and thirty, the following draft convention, for ratification by the members of the International Labour Organization, in accordance with the provisions of Part XIII of the Treaty of Versailles and relevant parts of the other peace treaties:

Art. 1 - Any member of the International Labour Organization ratifying this Convention undertakes to abolish the employment of forced or compulsory labour, in all its forms, in the shortest possible time.

For the purpose of this total elimination, forced or compulsory labour may be employed during the transitional period only for public purposes and on an exceptional basis, under the conditions and with the guarantees stipulated by the following articles.

Upon the expiration of a five-year period, from the entry into force of this convention and on the occasion of the report provided for in article 31, the Governing Council of the International Labour Office will consider deleting, without further deferral, forced or compulsory labour in all its forms and decide whether to register this matter on the agenda of the conference.

Art. 2° - For the purposes of this convention, the term "forced or compulsory labour" shall designate any work or service required by an individual under the threat of any penalty and for which the individual is not voluntarily offered.

However, the term "forced or compulsory labour" shall not, for the purposes of this convention:

(a) Any work or service required under the laws on compulsory military service and applied to purely military work;

(b) Any work or service that is part of the normal civic obligations of citizens of a country that is fully governed by itself;

(c) Any work or service required by an individual as a result of a sentence handed down by a court ruling, provided that this work or service is executed under the supervision and control of public authorities and that the individual is not transferred or made available to private individuals, companies or legal persons;

(d) Any work or service required in cases of force majeure, i.e., in cases of war, sinisters or threats of sinister, such as fires, floods, hunger, earth tremors, epidemics and violent epizootypes, animal invasions, insects or harmful plant parasites, and in general of all circumstances that endanger or threaten to endanger the normal life or conditions;

(e) The small village work, i.e., the work carried out in the direct interest of this community by its members, which, therefore, may be considered as normal civic obligations of the members of the community, provided that the same population or their direct representatives have the right to speak on the justification of such work.

Art. 3°- For the purposes of this agreement, the term "relevant authorities" shall designate the metropolitan authorities, or the higher central authorities of the territory concerned.

Art. 4° - The competent authorities shall not impose or let forced or compulsory labour be imposed for the benefit of private individuals, companies or legal persons.

If there is such a form of forced or compulsory labour for the benefit of individuals, companies or legal persons of a private nature on the date on which the ratification of this convention by a member State has been registered by the Secretary-General of the League of Nations, this member shall abolish forced or compulsory labour on the date of entry into force of this convention.

Art. 5° - No concession made to individuals, companies or legal persons shall result in the imposition of any form of forced or compulsory labour in order to produce or collect the products that these private individuals, companies or legal persons use and with which they trade. If existing concessions involve provisions that result in the imposition of such forced or compulsory labour, such provisions must be repealed as soon as possible in order to meet the requirements of article 1 of this convention.

Art. 6. Administration officials, even if they are to encourage their populations to engage in any form of work, should not exert collective or individual pressure on those populations in order to make them work for individuals, companies or legal persons.

Art. 7 - Chiefs who do not exercise administrative functions shall not resort to forced or compulsory labour.

Chiefs who perform administrative functions may apply with the express authorization of the competent authorities to forced or compulsory labour under the conditions provided for in article 10 of this Convention.

Legally recognized and non-remunerated leaders may benefit from the enjoyment of properly regulated personal services, provided that all useful measures are taken to prevent abuse.

Article 8: The responsibility for any decision to resort to forced or compulsory labour shall be vested in the superior civil authorities of the territory concerned.

However, these authorities may delegate to the higher local authorities the power to impose forced or compulsory labour if this work does not have the effect of removing workers from their habitual residence. Such authorities may also delegate to the higher local authorities during the periods and under the conditions stipulated by the regulation provided for in article 23, the power to impose forced or compulsory labour for the execution of which workers should be removed from their habitual residence, in the case of facilitating the transfer of administrative officials in the exercise of their functions and the transport of administrative materials.

Article 9 - Except as otherwise provided for in article 10 of this Convention, any authority with the right to impose forced or compulsory labour shall not permit the use of this form of work if it fails to ensure that:

(a) The service or work to be performed is of direct and important interest to the collectivity called to execute it;

(b) This service or work is of a present or imminent need;

(c) It has been impossible to procure voluntary labour for the execution of this service or work, despite the offer of wages and equal working conditions, at least those that are implemented for similar jobs or services in the territory concerned;

(d) Such work or service shall not result in a burden too heavy for the current population, taking into account the available labour force and its ability to undertake the work in question

Art. 10. - Forced or compulsory labour required as a tax, and forced or compulsory labour imposed for the work of public interest by the chiefs performing administrative functions, shall be progressively abolished.

Pending this abolition, where forced or compulsory labour is required as a tax, and where forced or compulsory labour is imposed by managers who exercise administrative functions for the execution of public interest work, the authorities concerned shall ensure that:

(a) The service or work to execute is of direct and important interest to the collectivity called to execute it;

(b) Service or work is of a present or imminent need;

(c) Such work or service shall not result in a burden too heavy for the current population, given the available workforce and its ability to undertake the work in question;

(d) The execution of this work or service shall not require workers to leave the place of their habitual residence;

(d) The execution of this work or service shall be directed in accordance with the requirements of religion, social life and agriculture.

Art. 11. - Only valid male adults may be subject to forced or compulsory labour, whose age is not less than eighteen years or more than forty-five.

Except for the categories of work provided for in article 10 of this Convention, the following limitations and conditions shall be observed:

(a) Prior recognition (always and where this is possible) by a doctor designated by the competent administration to check the absence of any contagious disease, and the physical fitness of the interested parties to support the imposed work and the conditions under which it will be executed;

(b) Exemption of school staff, pupils and teachers, as well as administrative staff in general;

(c) Permanence in each collectivity of the number of adult and valid men indispensable to family and social life;

(d) Respect for conjugal and family ties.

For the purposes set out in paragraph (c) above, the regulation provided for in article 23 of this convention shall determine the proportion of individuals of the permanent male and valid population who may be subject to a particular recruitment, without this proportion being able, in no case, to be above 25 per cent of this population. In establishing that proportion, the competent authorities should take into account the population density, the social and physical development of this population, the time of the year and the state of work to be carried out by the interested parties in the place and on their own account; in a general way they should respect the economic and social needs of the normal life of the given community.

Art. 12. - The maximum period during which any individual may be subject to forced or compulsory labour under its various forms shall not exceed sixty days for each
period of twelve months, to be included in these sixty days, the travel days necessary to go and return to the place where the work is executed.

Each worker subject to forced or compulsory labour shall be in possession of a certificate indicating the periods of forced or compulsory labour performed.

Art. 13. - The normal working hours of any person subject to forced or compulsory labour shall be the same, and the working hours performed in addition to the normal working hours shall be paid according to the same rates as the rates in use for the additional hours of free workers.

A weekly rest day should be accorded to all persons subjected to any form of forced or compulsory labour, and this day must coincide, to the extent possible, with the day consecrated by the tradition or uses of the country or of the region.

Art. 14. With the exception of the work provided for in article 10 of this Convention, forced or compulsory labour in all its forms shall be paid in cash at rates applied to the same type of labour, which shall not be less than those in force in the region where the workers are employed or in the region where they have been recruited, based on the rate of the region where it is highest. In the case of work imposed by heads in the exercise of their administrative functions, the payment of wages should be made as soon as possible, in accordance with the rates indicated in the preceding paragraph.

Wages must be paid to the workers themselves and not to their chief of tribe or to another authority.

The travel days necessary to go and return from the workplace should be counted as days of work for the payment of wages.

This article will not prevent workers from being provided with the usual food rations as part of the salary, and these rations should be at least equivalent to the sum of money they may represent; but it will not make them any deduction of wages for payment of taxes, food, clothing, special accommodations to be provided to workers to keep them in a state of continuing their work, taking into account the special conditions of the same, or the provision of special tools.

Art. 15. All legislation relating to the repair of work accidents and all legislation providing compensation to persons in charge of deceased or invalid workers who are or may be in force in the territory concerned shall apply to persons subject to forced or compulsory labour under the same conditions as to free workers.

In any case, any competent authority that resorts to forced or compulsory labour shall be obliged to ensure the subsistence of such a worker when, as a result of an accident or illness resulting from his or her work, he or she is totally or partially incapacitated to meet his or her needs. This authority must also have the obligation to take all measures to ensure the subsistence of any person in charge of the worker in the event of disability or death resulting from the work.

Art. 16. - Persons subjected to forced or compulsory labour shall not, except in case of exceptional necessity, be taken to regions where the conditions of food and climate are so different from those to which they are accustomed and which constitute a danger to their health.

In no case will this transfer of workers be authorized without all the hygiene and accommodation measures imposed for their installation and to safeguard their health.

When this transfer cannot be avoided, measures will be taken to ensure the progressive acclimatization of workers to new conditions of food and climate, following a report of the competent medical service.

When these workers are required to perform a regular work to which they are not accustomed, the necessary measures should be taken to obtain their adaptation to this type of work, especially in terms of progressive training, working hours, interqualified rests and the improvement or increase of the food rations that may be necessary.

Art. 17. - Before authorizing the use of forced or compulsory labour for construction or maintenance work that requires workers to live in the workplace for a prolonged period of time, the competent authorities shall ensure that:

1. That all necessary measures have been taken to ensure the hygiene of workers and to guarantee them the necessary medical care, and in particular:

(a) These workers will undergo a medical examination before beginning work and further examinations at certain intervals while working;

(b) That there is sufficient medical personnel, as well as clinics, infirmaries, ambulances and hospitals necessary to meet all these needs, and

(c) The good hygiene of the workplaces, the provision of water for the workers, food, fuels and cooking materials have been ensured in a satisfactory manner, and, if necessary, the corresponding clothing and accommodation have been planned;

2. That the necessary measures have been taken to ensure the subsistence of the worker ' s family, facilitating the sending of part of the wage to the worker through a safe and informed procedure or at the request of the worker;

3. That the round-trip travel of the workers to the workplace will be ensured by the administration under their responsibility and at their expense, and that the administration will facilitate these trips using as wide as possible all available means of transport;

4. That in the event of illness or accident of the worker, which causes a work incapacity of a certain duration, the repatriation of the workers will be at the expense of the administration;

5. That any worker who wishes to remain a free worker at the end of his or her forced or compulsory labour period shall have the power to do so without losing his or her rights to free repatriation for a period of two years.

Art. 18. Forced or compulsory labour for the transport of persons or goods (such as carriers and shippers) shall be abolished within the shortest possible time, and, in the meantime, the competent authorities shall issue regulations for the purpose of establishing, in particular:

(a) The obligation not to use this work but to facilitate the movement of administration officials in the exercise of their functions, or the transport of administrative material or in the event of an absolutely urgent need for the transport of other persons other than staff members;

(b) The obligation not to use for such transports more than men recognized as physically fit for this work, by means of a prior medical examination, in all cases where such an examination is possible; in the event that it is not, the person who hires this labour, must ensure, under his or her responsibility, that the employed workers have the required physical fitness and do not suffer any contagious disease;

(c) The maximum burden that workers can carry;

(d) The maximum distance to be travelled by these workers from the place of their residence;

(e) The maximum number of days per month or for any other period, during which these workers may be requisitioned, including on this issue the return journey days;

(f) Persons who are authorized to use this form of forced or compulsory labour and the extent to which they have the right to resort to it.

In setting the maximum number in the letters (c), (d) and (e) of the preceding paragraph, the competent authorities should take into account the various elements to be considered, especially the physical fitness of the population to be requised, the nature of the itinerary to be travelled and also the weather conditions.

The competent authorities will also make arrangements for the normal daily journey of the carriers not to be greater than a distance corresponding to the average duration of an eight-hour working day, bearing in mind that in order to determine it, not only will it be necessary to consider the burden to be carried and the distance to be traveled, but also the state of the way, the time of the year and all other factors to be taken into account; if the carriers need to be paid for some hours,

Art. 19. - The competent authorities shall not authorize the use of compulsory crops more than for the purpose of preventing hunger or a lack of food products, and subject to the fact that the food or products thus obtained shall be owned by the individuals or by the collectivity that has produced them.

This article should not have the effect of suppressing the obligation for the members of the collectivity to free themselves from the work thus imposed, when the production that is organized according to the Law and custom on a communal basis, or when the products or profits resulting from the sale of these products belong to the property of the collectivity.

Art. 20. - Orders that provide for collective repression applicable to an entire collectivity for crimes committed by some of its members shall not provide for forced or compulsory labour for a collectivity as repressive methods.

Art. 21. - The use of forced or compulsory labour shall not be made for the underground work carried out therein.

Art. 22. - The annual memoirs that the members ratifying this convention undertake to submit to the International Labour Office, in accordance with the provisions of article 408 of the Versailles Treaty and related articles of the other peace treaties, on the measures taken by them to give effect to the provisions of this convention, shall contain the most complete possible reports on each territory concerned, indicating the extent to which forced or compulsory labour has been used in this territory and the following hours have been paid;

Art. 23. - The competent authorities shall enact a complete and accurate regulation on the use of forced or compulsory labour to give effect to the provisions of this convention.

This regulation should especially establish the rules that allow each person subject to forced or compulsory labour to submit to the authorities all claims relating to the working conditions that are made to him, giving him assurances that these claims will be examined and taken into consideration.

Art. 24. - In all cases appropriate measures should be taken to ensure the full implementation of the regulations regarding the use of forced or compulsory labour, either by extension to forced labour or by obligation of the functions of any inspection agency created for the monitoring of free labour, or by another appropriate system. Measures should also be taken to make these regulations known to persons subject to forced labour.

Art. 25. The illegal requirement of forced or compulsory labour shall be subject to criminal penalties, and any member ratifying this convention shall have the obligation to ensure that the obligations imposed by the Act are truly effective and strictly applied.

Art. 26. - Any member of the International Labour Organization ratifying this convention undertakes to apply it in the territories subject to its sovereignty, jurisdiction, guardianship or authority to the extent that it has the right to subscrib obligations relating to matters of internal jurisdiction. However, if this member wishes to enforce the provisions of article 421 of the Treaty of Versailles and the relevant articles of the other peace treaties, he shall accompany his ratification of a declaration stating:

1 Territories in which it intends to implement fully the provisions of this convention;

2° Territories in which it intends to apply the provisions of this convention with modifications, and what are these modifications;

3° The territories for which his decision is reserved.

The above-mentioned declaration shall be reputed as an integral part of ratification and shall have identical effects. Any member making such a statement shall have the power to waive for a new declaration all or part of the reservations contained in paragraphs 2 and 3 above.

Art. 27. - The official ratifications of this convention under the conditions specified by Part XIII of the Versailles Treaty and relevant parts of the other peace treaties shall be communicated to the Secretary-General of the League of Nations and registered by him.

Art. 28. The present convention shall be binding only on the members of the International Labour Organization, whose ratification has been registered by the secretariat.

It will enter into force 12 months after the ratifications of two members were registered by the Secretary-General.

This agreement will enter into force for each member, twelve months after its ratification by the Secretary-General has been registered.

Art. 29.- As soon as the ratifications of two members of the International Labour Organization have been registered with the secretariat, the Secretary-General of the League of Nations shall notify all members of the International Labour Organization. You will also notify them of the registration of ratifications that are subsequently communicated to you by the other members of the organization.

Art. 30. - Any member who has ratified this agreement may denounce it at the end of a period of ten years, on the date of entry into force of the Convention, by means of a statement communicated to the Secretary-General of the League of Nations and registered by it. The complaint shall not take effect until one year after it has been registered by the secretariat.

Any member ratifying this convention, and that within one year, after the expiration of the ten-year period referred to in the preceding paragraph, does not make use of the power of denunciation provided for in this article, shall be bound by a new five-year period and, thereafter, may denounce this agreement at the expiration of each five-year period, in the nconditions provided for in this article.

Art. 31. - At the expiration of each five-year period, on the basis of the entry into force of this convention, the Governing Council of the International Labour Office shall submit to the general conference a report on the implementation of this convention and shall decide whether to register the question of its full or partial review on the agenda of the conference.

Art. 32. - In the event that the international conference adopted a new convention involving the total or partial review of this convention, the ratification of the new convention by a member would bring the denunciation of the present convention in law without a period of time, despite the provisions of article 30 mentioned above, subject to the entry into force of the new convention requiring revision.

From the date of entry into force of the new convention requiring review, this convention may no longer be ratified by members.

This convention shall, however, remain in force, in its form and content, for members who have ratified it and who do not ratify the new convention that implies revision.

Art. 33. - The French and English texts of this convention shall be equally authentic.

30.- Regulation of the duration of work in trade and offices

The General Conference of the International Labour Organization of the League of Nations,

Convened in Geneva by the Governing Council of the International Labour Office and assembled in that city on 10 June 1930 at its tenth meeting;

After having decided to adopt a number of proposals concerning the regulation of the duration of work in trade and in offices, a matter covered by the second item of the agenda of the meeting, and

After having decided that such proposals would review the form of a draft international convention, it adopted, on twenty-eight June, one hundred and thirty, the following draft convention for ratification by the members of the International Labour Organization, in accordance with the provisions of part XIII of the Treaty of Versailles and relevant parts of the other peace treaties:

Art. 1 - 1. This agreement applies to staff of the following public or private establishments:

(a) Commercial establishments, e-mails, telegraphs and telephones, as well as commercial services of all other establishments;

(b) Establishments and administrations whose operation consists mainly in office work;

(c) Establishments that are both commercial and industrial, except when not considered as industrial establishments.

The competent authority in each country shall establish the demarcation line between the commercial establishments and those whose operation essentially depends on an office work, on the one hand, and industrial and agricultural establishments on the other.

2. The agreement does not apply to staff of the following establishments:

(a) Establishments aimed at the treatment or hospitalization of the sick, crippled, destitute or alienated;

(b) Hotels, restaurants, pensions, circles, cafes and other establishments where items are served to be consumed in the premises;

(c) Shows and diversion companies.

However, the agreement shall be applied to the staff of the establishments listed in paragraphs (a), (b), (c) of the present subparagraph, in the event that the establishments to which the agreement is applied are autonomous.

3. The competent authority of each country may exempt from the application of the agreement:

(a) The establishments that occupy only members of the employer ' s family;

(b) Public administrations in which the staff employed acts as an organ of the public power;

(c) Persons holding leadership or trust;

(d) Travellers and representatives to the extent that they work outside the establishment.

Article 2 - For the purposes of this agreement, the time during which the staff is at the disposal of the employer is considered as a working day; the rests during which the staff is not at the disposal of the employer shall be excluded.

Article 3 - The working day of the staff to which the present agreement applies shall not exceed forty-eight hours per week and eight hours per day, subject to the provisions mentioned below.

Article 4 - The weekly duration of the work provided for in Article 3 may be divided so that the work of each day does not exceed ten hours.

Art. 5° - 1. In the event of a collective suspension of work motivated by (a) local parties, or (b) accidental or force majeure causes (accidents occurred in the facilities, disruption of the motor force, lighting, heating or water service, sinisters), a prolongation may be applied in the daily work, in the form of compensation of the lost working hours, under the following conditions:

(a) Recovery may not be authorized more than for thirty days a year and shall be carried out within a reasonable time;

(b) The length of the day may not exceed one hour;

(c) The day of work may not exceed 10 hours.

2. The competent authority shall be advised of the nature, cause and date of the collective suspension, the number of hours of work lost and of the temporary modifications, in the schedule foreseen.

Article 6. In exceptional cases, when the conditions under which the work is to be done render inapplicable the provisions of articles 3 and 4, the regulations of the public authority may authorize the distribution of the duration of the work for a longer period than the week, provided that the average working time calculated on the number of weeks considered does not exceed forty-eight hours per week and that in no case the work of each day exceeds ten hours.

Article 7: The regulations of the public authority shall determine:

1. Permanent derogations to be admitted to:

(a) People whose work is intermittent, because of the nature of the work, such as concierges, nursery staff and maintenance of premises and deposits;

(b) Persons directly engaged in preparatory or supplementary work that should be necessarily executed outside the limits envisaged for the working day of the rest of the staff of the establishment;

(c) Warehouses or other establishments where the nature of the work, the importance of the population or the number of occupied persons render the duration of the work set out in articles 3 and 4.

2. Temporary derogations may be granted in the following cases:

(a) In the event of accidents occurring or imminent, in the event of force majeure or urgent work to be done in the machines or in the herramental, but only to the extent necessary to prevent serious disruption in the normal course of the establishment;

(b) To prevent the loss of easily impaired materials or to avoid compromising the technical result of the work;

(c) To allow special work, such as inventory and balances, liquidations, maturity and accounts of all kinds;

(d) To enable establishments to deal with extraordinary increases of work due to particular circumstances, provided that it is not normally expected of the employer who resorts to other means.

3. The regulations established in accordance with this article shall determine in each case, except those set out in paragraph (a) of paragraph 2, the prolongation of the working day, which may be authorized by day, and as regards temporary derogations by year.

4. The salary rate for the prolongation provided for in paragraphs (b), (c) and (d) of paragraph 2 of this article will be increased by at least 25 per cent on the normal wage.

Article 8: The regulations provided for in articles 6 and 7 shall be issued after consultation with the workers and employers ' organizations concerned, taking into account in particular the collective contracts that may exist between these organizations.

Article 9 - The provisions of this convention may be suspended by order of the government of each country in the event of war or in the event of events that endanger national security.

Art. 10. - 1. No provision of the convention shall affect any custom or agreement under which the working day is less or the highest rate of remuneration than provided for in this convention.

2. Any restriction imposed by this Convention must be added, without being considered as a derogation, to all restrictions imposed by any Act, Decree or Regulations establishing a minor working day or a higher rate of remuneration than those provided for in this Convention.

Art. 11. - For the purpose of effective implementation of the provisions of this Convention:

1. Appropriate measures should be taken to ensure proper inspection.

2. Each employer shall:

(a) To make known through advertisements visibly set at a facility or in any other convenient location or in any other way approved by the competent authority, the hours at which the working day is to begin and terminate, or, if the work is done by teams, the hours at which each team begins and ends;

(b) To make available equally to staff who, under article 2, are not covered by the working day;

(c) To register in the form approved by the competent authority all lengths of the duration of the work that have taken place under Article 7, paragraph 2, as well as the amount of its remuneration.

3. The use of a person for more hours of work than those set out in paragraph 2 (a), or during the hours set out in paragraph 2 (b), of this article shall be considered unlawful.

Art.12. - Any member ratifying this convention must take the necessary measures through a sanctions system to implement the provisions of the convention.

Art. 13. The official ratifications of this convention, under the conditions provided for by Part XIII of the Versailles Treaty and relevant parts of the other peace treaties, shall be communicated to the Secretary-General of the League of Nations and registered by him.

Art. 14. - This convention requires only members of the International Labour Organization whose ratification has been registered by the secretariat.

This agreement shall enter into force twelve months after the ratification of two members is recorded by the Secretary-General.

This agreement shall enter into force for each member twelve months after the date of its ratification.

Art. 15. - As soon as the ratifications of two members of the International Labour Organization have been registered with the secretariat, the Secretary-General of the League of Nations shall notify all members of the International Labour Organization of this fact. They shall also be informed of the registration of ratifications that have been communicated to them subsequently by all other members of the organization.

Art. 16. - Any member who has ratified this convention may denounce it at the end of a period of ten years after the initial date of entry into force of the convention by communication addressed to the Secretary-General of the League of Nations and registered by it. The complaint shall have effect only one year after it has been registered with the secretariat.

Any member who has ratified the present convention and who, within one year of the expiration of the ten-year period mentioned in the preceding subparagraph, does not use the power of denunciation provided for in this article, shall be bound for a further period of five years, and thereafter may denounce the present agreement at the expiration of each five-year period under the conditions provided for in this article.

Art. 17. - At the expiration of each 10-year period from the entry into force of this convention, the Governing Council of the International Labour Office shall submit to the general conference a report on the implementation of this convention and decide whether the question of its full or partial review will be inscribed on the agenda of the conference.

Art. 18. In the event that the international conference adopts a new convention that constitutes the total or partial review of this convention, the ratification by a member, of the new revised convention, shall entail the denunciation of the full right of this convention, without the need for a period of time, despite the preceding article 16, subject to the entry into force of the new revised convention.

From the date of entry into force of the revised new convention, the present convention may no longer be ratified by members.

This convention shall, however, be in force in its form and content for members who have ratified it and do not ratify the new revised convention.

Art. 19. The French and English texts of this convention are equally authentic.


32.- Protection against accidents of workers "dockers" occupied in the cargo and discharge of ships (revised in 1932)

The General Conference of the International Labour Organization of the League of Nations,

Convened in Geneva by the Governing Council of the International Labour Office, and assembled in that city on 12 April 1932 at its tenth meeting;

After having adopted a number of proposals regarding the partial review of the convention adopted by the conference at its twelfth meeting on the protection against accidents of workers engaged in the loading and discharge of ships, a fourth-place issue on the agenda of the present meeting, and

Considering that such proposals should take the form of a draft international convention,

Adopts, on the twenty-seventh of April, nine hundred and thirty-two, the following draft convention for ratification by members of the International Labour Organization, in accordance with the provisions of Part XIII of the Treaty of Versailles and relevant parts of the other peace treaties:

Art. 1 - For the purposes of this convention:

1. The term "operations" means and understands all or part of the work done, on land or on board, for the cargo or discharge of any ship dedicated to maritime or internal navigation, excluding warships, in every sea or interior port and in every dock or place of disembarkation of goods and another analogous site where this work is done; and

2. The term "worker" includes any person engaged in such operations.

Art. 2° - All regular access routes that pass through a dam, landing, dock or other similar site that the workers are to use to move to the workplace where the operations are performed or for return, as well as all the places of work located on the ground, must be kept in conditions that guarantee the safety of the workers who use them.

In particular:

1. All places of work on the ground and any dangerous part of the access routes mentioned, which communicate such places with the nearest public road, must be provided with an effective and undamaged lighting.

2. The docks and landing sites will be sufficiently cleared of goods to keep the passage to the means of access referred to in Article 3.

3. When you leave a step along the edge of the dock or landing, you must have a width of 90 centimeters (3 feet), at least, and be free of any obstacle other than fixed construction, appliances or machines in use.

4. To the extent practicable, in the light of traffic and service:

(a) Any dangerous part of the access routes and workplaces (e.g. openings, bends and dangerous edges) shall be provided with appropriate rails, of a height of 75 centimeters (2 feet 6 inches), at least;

(b) Dangerous steps on bridges, gates and dike doors should be provided, on each side and up to a height of 75 centimeters (2 feet 6 inches), at least of rails whose ends are prolonged in a sufficient length, without having to be greater than 4.50 meters (5 yards).

5. The dimensions provided for in paragraph 4 of this article shall be deemed to be met, as far as the appliances in use at the date of ratification of this Convention are concerned, if the figures resulting after an accurate measurement are not less than 10 per cent than those referred to in paragraph 4.

Art. 3° - 1. When a ship is anchored near a dock or another boat to perform operations, means of access must be made available to the workers to provide security assurances to go and return from the boat, unless circumstances permit it to do so without the need for special devices and without being futilely exposed to accident risks.

2. These means of access should include:

(a) When reasonably practicable, on the actual or portal scale of the ship, walkway or other analogous device;

(b) In other cases, on a scale.

3. Devices specified in paragraph 2 (a) of this article shall have a width of 55 centimeters (22 inches), at least, should be firmly subject, so that they cannot be moved; their inclination should not be very accentuated and the materials used in its construction must be of good quality and are in good condition.

On both sides and in all its length they must be provided with an effective rail of a net height of 82 centimeters (2 feet 9 inches), at least, or, if it is the actual scale, an effective rail of the same height on one side, provided that the other side is effectively protected by the side of the ship.

Notwithstanding such devices used at the date of ratification of this convention, they may continue to serve:

(a) Those who are provided on both sides of a 80 centimeter rail (2 feet 8 inches) of net height, at least until renewed;

(b) Those that are provided on both sides of a 75 centimeter rail (2 feet 6 inches) of net height, at least for two years to count on the ratification of this convention.

4. The scales referred to in paragraph 2 (b) of this article shall be of sufficient strength and length and shall be duly subject.

5. (a) The competent authorities may grant certain exceptions to the provisions of this article, provided that the above-mentioned devices are not indispensable for the safety of workers;

(b) The provisions of this article shall not apply to load platforms or walkways when used exclusively for operations.

6. Workers shall not employ or be obliged to use other means of access as specified or authorized by this article.

Art. 4° - When workers have to go through an extension of water to go or return from a ship on the occasion of the operations, the necessary measures should be taken to ensure the safety of their transport, including by determining the conditions to be met by the vessels used.

Art. 5.° - 1. When operations in warehouses have to be carried out at a depth of more than 1.50 meters (5 feet) from the deck level, means of access must be made available to workers to provide guarantees for their safety.

2. These means of access shall normally consist of a scale, but only security assurances shall be considered:

(a) If it offers to the feet a support whose depth, increased with the free space behind the scale, is 11 1/2 inches (4 1/2 inches), at least, and a width of 25 inches (10 inches), at least, and if it has firm support for the hands;

(b) If your inclination to the inside of the winery does not exceed the reasonably necessary to release the hatch;

(c) If it is provided in all its length and aligned with it, devices that, placed on the armpits of the hatches, provide firm support to the feet and hands (e.g., tojinos or asses);

(d) If the devices referred to in the preceding paragraph provide support for the feet whose depth, including the free space behind those devices, is 14 1/2 inches (4 1/2 inches), at least 25 inches (10 inches);

(e) If there are different scales between the lower decks if these scales are, to the extent possible, in the same line as the scales that come from the upper deck.

However, where it is not reasonable to require, given the construction of the vessel, the installation of a scale, the competent authorities shall be entitled to authorize other means of access, provided that they meet, to the extent that they can be applied, the conditions prescribed for the scales by this article.

In existing vessels at the date of ratification of this convention, and until the scales and devices are substituted, the dimensions conditions provided for in paragraphs (a) and (d) of this subparagraph shall be considered as being met, if the figures resulting after an accurate measurement are not less than 10 per cent than those referred to in paragraphs (a) and (d).

3. A free space should be left, enough to reach the means of access, near the armles of the hatch.

4. Tunnels of the motor shafts must be provided on both sides of suitable handles and stirrups.

5. When a scale must be used in the warehouse of a ship without a deck, the operator must supply this scale, which must have at its top some hooks or other devices that will serve to secure it.

6. Workers shall not employ or be obliged to use other means of access that are specified or authorized in this article.

7. Ships existing on the date of ratification of this convention shall be exempt from the conditions of dimensions imposed by the provisions of paragraph 2, paragraph (a) and (d), and from the requirements of paragraph 4 of this article, for a maximum period of four years from the date of such ratification.

Art. 6° - 1. While the workers are on board the ship to carry out the operations, any hatch of entry to the warehouse of goods, accessible to the workers, whose depth, measured from the level of deck to the bottom of the winery, exceeds 1.50 meters (5 feet), and which is not protected to a net height of 75 centimeters (2 feet 6 inches) by the armles, when it is not used for the passage of goods, coal or other materials. National legislation shall provide for the application of the requirements of this article during the time of food and other short interruptions of work.

2. Equal measures will be taken if necessary to protect all other deck openings that may pose a danger to workers.

Article 7: When operations are to be carried out on board a ship, the means of access to the ship, as well as all parts of the ship where the workers are occupied or to which they are to be transferred during the work, shall be duly illuminated.

The means of lighting employees must meet the necessary conditions so that they do not constitute a danger to the safety of the workers, nor do they hinder the navigation of the other ships or vessels.

Art. 8° - In order to guarantee the safety of the workers while they are engaged in placing or izar the barracks of the hatlets, as well as the bars and hens that serve to cover them:

1. The barracks of the hatlets, as well as the bars and heaps that serve to cover them, must be preserved in good condition;

2. The barracks of the hatch shall have handles proportionate to their size and weight, unless the construction of the hatch or of the hatchhouses makes the use of such handles unnecessary;

3. Barolets and galeots that serve to cover the hats will have the appropriate devices so that workers are not required to climb on the bars and gallows to fix such devices when covering or discovering hatlets;

4. All harbors of harbors, bars and gallons, when not interchangeable, should be marked differently to indicate the cover and hatch to which they belong, as well as their true position on them;

5. The hatchhouses may not be used for the construction of platforms that are used in the load ' s work, or for any other purpose that may deteriorate them.

Art. 9° - Measures will be taken to ensure that the weight izards, as well as all the accessory, fixed or mobile material, are not used in the operations, on land or on board a ship, rather than in the event of being in a state of operation without danger.

In particular:

1. Before such devices and fixed material on board are put into service as their accessory by national legislation, as well as the metal chains and cables of obligatory use in the operation of such devices, they must be properly inspected and tested by a competent person, accepted by the national authorities, under the prescribed conditions, and the maximum load of such material shall be verified, extending the corresponding certificate.

2. After putting into service any apparatus of izar pesos, used on land or on board, and all fixed material on board considered as an accessory of yours by national laws, shall be thoroughly revised or inspected under the following conditions:

(a) They will be thoroughly reviewed every four years and inspected every twelve months: pivots and zunchos, masts and struts, bracelets and any other fixed artifact whose disassembly is particularly difficult;

(b) They will be thoroughly revised every twelve months: all lifting devices (such as cranes, seats, etc.), lathes, cranks and other accessories not included in letter a).

All mobile material (e.g. chains, metallic cables, rings, shackles and hooks) will be subject to prior inspection whenever it will be used, except in case it has been revised within the last three months.

The chains should not be shortened by knots and precautions will be taken to prevent them from deteriorating by rust against living edges.

The metallic wires must have at least three passes in their fittings with an integer cable and two passes with half of the strands cut in each end. However, this requirement should not have the effect of preventing the use of another kind of gadgets from being effective as evident as the one set out in this provision.

3. The chains and any similar material specified by national legislation (e.g. hooks, gags, shackles, links) and which have not been subjected to other effective measures prescribed by such national legislation, shall be refounded under the following conditions and under the inspection of a competent person accepted by the national authorities:

(a) Chains and precited material on board:

1 current used chains and utilities of 12 1/2 mm (1/2 inch) or less: once every six months;

2° All other chains and useful, including the brazalote chains, but excluding the bridal chains subject to the loading tips and the masts commonly used once every twelve months.

However, when it comes to a material of this kind that is used exclusively in cranes and other hand lifting devices, the time period provided for in sub-section 1 will be twelve months instead of six, and the time period provided for in sub-section 2 will be two years instead of one.

Also, when the competent authority considers, given the dimensions, structure, materials or the unused use of the precited tools, which is not necessary, for the protection of the workers, the compliance of the requirements of this subparagraph with regard to the re-establishment, such authority may exempt, by means of a certificate issued by it (which may revoke when it deems appropriate), from the application of these conditions,

(b) Chains and precited material not on board:

Various measures will be taken to consolidate such chains and useful ones.

(c) Chains and precited material are on board or not:

The chains and utilities that have been lengthened, modified or repaired by welding should be tested and checked again.

4. Duly certified records that provide sufficient proof of security in the operation of the appliances and materials concerned shall be kept on land or on board, as appropriate; the maximum authorized load shall be specified in these records, as well as the date and outcome of the tests and checks provided for in paragraphs 1 and 2 of this article, and of the consolidations or other operations provided for in paragraph 3.

These records shall be submitted by the person responsible for their preservation to any person authorized for that purpose.

5. The indication of the maximum authorized load in all cranes, load tips and sling chains, as well as in all other lifting devices used on board, as specified in national legislation, should be marked and maintained well. The maximum load indicated in the sling chains will be marked in visible figures or letters on the same chains or on a durable plaque or ring of matter and firmly attached to those chains.

6. All engines, dented wheels, chain or rubbing devices, electric power conductors and steam pipes must be provided (always when it is not verified that, by their position or construction, they present the same guarantees, from the point of view of the safety of the workers, if properly protected), of protective devices to the extent that this is practicablely feasible without prejudice to the safety of the ship.

7. The cranes and the seats must be equipped with appropriate devices to minimize the risk of accidental drop of the load at the time of lifting or descending.

8. The necessary measures should be taken to prevent the steam from escaping and, as far as possible, the direct steam of any cabrest or crane may hinder the visibility, in any workplace where a worker is occupied.

9. The necessary measures should be taken to prevent the involuntary removal of a mast or load tip from its support.

Art. 10. - Only persons of sufficient competence should be employed and that they deserve confidence in the handling or driving of lifting or transporting devices, whether mechanically or otherwise driven, or to make the necessary signals to the drivers of such devices, as well as to monitor the lanthion driven by the cabrest cylinder.

Art. 11. - 1. No charge of an elevator must be suspended if the operation of this apparatus is not under the effective supervision of a competent person, while the load is thus suspended.

2. Appropriate measures should be taken to ensure that a person is responsible for signaling that is necessary for the safety of workers.

3. The necessary measures should be taken to prevent the use of hazardous working methods in stacking and withdrawing, stretching and discarding the load and other operations related to it.

4. Before you put in use a hatch you must remove all the bars and heaps or hold them firmly to avoid any movement.

5. Any kind of precautions should be taken so that workers can easily evacuate the warehouses or the wineries, when they are occupied in such places in the load or discharge of coal or in other bulk cargoes.

6. No platform will be used for operations if it is not firmly built, conveniently pointed and, if necessary, strongly fixed.

For the transport of the cargo between the ship and the land, a hand truck cannot be used when the passing plate is tilted so that it can offer danger.

If necessary, platforms or passing plates should be covered by appropriate materials to prevent workers from slipping.

7. When the work space in a winery is limited to the square of the hatch, it should not, except in case of having to start the skipping or collect the load in the slinga:

(a) Fix hooks in the bonds or other handles surrounding the cotton, wool, cork, jute bags or other similar goods;

(b) Employ tonele scribbles on the load and discharge of toneles, unless the construction and nature of the toneles, as well as the disposition and state of the scribbles allow to do so without probable danger.

8. No loading mechanism, of any kind, must be weighed above the maximum authorized load, except in exceptional cases, but, even in such cases, only to the extent authorized by national legislation.

9. The cranes used in variable power soil (e.g., for lifting or decreasing of the button, varying depending on the angle the load capacity) must be provided with an automatic indicator or an indicative frame of the load maximums corresponding to the bows of the button.

Art. 12. National legislation should provide for precautions that are deemed necessary to ensure appropriate protection of workers, taking into account the circumstances in each particular case, when they have to work in contact or close to hazardous materials for their life or health, either by their very nature, either by the state in which they are at that time, or when they have to work in places where such matters have been stored for some time.

Art. 13. - At docks, dikes, landing sites and other similar places that are frequently used for operations, the relief elements that national legislations must order, taking into account local circumstances, will be prepared in such conditions that it is possible to quickly provide first aid and, in the event of a serious accident, to quickly transport the injured person to the nearest hospital. The material necessary for the first aid, in sufficient quantity, in good condition and in easily accessible sites should be available in the places concerned, so that it can be used immediately during working hours. Such first-aid material should be taken care of by one or more responsible persons, one or more of whom are eligible to provide first-aid assistance and are willing to immediately provide their services during working hours.

Appropriate measures should also be taken at the docks, dams, landing sites and other similar places mentioned above to assist workers falling into the water.

Art. 14. - No one shall have the right to remove or displace the rails, step plates, scales, devices, apparatus or salvage material, lights, inscriptions, platforms or other objects provided for by the provisions of this agreement, except when appropriately authorized to do so or where necessary. Upon the expiration of the time period during which the objects involved must be withdrawn, they must be placed back on their site.

Art. 15. - Each member may grant total or partial exceptions to the provisions of this convention, when it comes to dikes, docks, landing sites or other similar locations, where operations are performed only occasionally or where traffic is restricted and limited to small vessels, or where certain special vessels or certain special categories of ships are concerned, or when ships do not defer certain tonnage, such as may not present certain tonnage,

The International Labour Office should be informed of the provisions to authorize the above-mentioned total or partial exceptions.

Art. 16. - Subject to the exceptions provided for in other articles, the measures provided for in this convention in respect of the construction or permanent equipment of ships shall be applied promptly to those whose construction has commenced after the date of ratification of this convention. The measures prescribed for all other vessels shall be implemented within four years of that date. However, where this is practically feasible, such measures should be applied to those referred to as vessels, without waiting for the time limit to be met.

Art. 17. - In order to ensure the effective implementation of all regulations issued for the protection of workers against accidents:

1. Such regulations shall clearly determine which persons or agencies are obliged to comply with their requirements;

2. Provision shall be made for the establishment of an effective inspection system and for the identification of applicable sanctions in the event of a violation of the regulations;

3. The texts of such regulations or summaries of them shall be fixed on sites well visible in the dikes, docks, landing sites and other similar places that are frequently used for operations.

Art. 18. - Each member is required to conclude with the other members who have ratified and on the basis of this agreement, reciprocity agreements that include in particular the mutual recognition of the provisions adopted in their respective countries for the testing, testing and recasting of parts, as well as the mutual recognition of the records and certificates issued on the results of these measures.

This obligation is accepted, with regard to the construction of ships and the material used on board, as well as in respect of the records and various requirements to be observed on board, in accordance with the terms of this convention, subject to the assurance that the provisions adopted by the other member guarantee workers a general level of security that is equal to the requirements of their own legislation.

Governments will also take into account the obligations arising from article 405, paragraph 11, of the Versailles Treaty and related articles of the other peace treaties.

Art. 19. The official ratifications of this convention, under the conditions provided for by Part XIII of the Versailles Treaty and relevant parts of the other peace treaties, shall be communicated to the Secretary-General of the League of Nations and registered by him.

Art. 20. - This agreement shall require only members of the International Labour Organization whose ratification has been registered by the Secretary-General.

This agreement shall enter into force twelve months after the ratifications of two members were registered by the Secretary-General.

This agreement shall enter into force for each member twelve months after the date of its ratification.

Art. 21. - As soon as the ratifications of two members of the International Labour Organization have been registered with the secretariat, the Secretary-General of the League of Nations shall notify all members of the International Labour Organization. It shall also notify them of the registration of ratifications communicated to it by the other members of the organization.

Art. 22. - Any member who has ratified this convention may denounce it upon the completion of a period of ten years, on the date of the entry into force of the convention, by declaration addressed to the Secretary-General of the League of Nations and registered by it. The complaint shall not take effect until one year after it has been registered with the secretariat.

Any member who has ratified this Convention and who, within one year of the expiration of the ten-year period referred to in the preceding paragraph does not use the power of denunciation provided for in this article, shall be bound by a new five-year period, and may, thereafter, denounce this agreement at the expiration of each five-year period under the conditions provided for in this article.

Art. 23. - At the expiration of each ten-year period, on the basis of the entry into force of this convention, the Governing Council of the International Labour Office shall submit to the general conference a report on the implementation of this convention and decide whether to include in the agenda of the conference the full or partial review of the convention.

Art. 24. - In the event that the conference adopts a new convention that constitutes a complete or partial review of this convention, ratification by a member of the new revised convention implies in full law, notwithstanding the provisions of article 22, the immediate denunciation of this convention, subject to the entry into force of the new revised convention.

From the date of entry into force of the revised new convention, this convention may no longer be ratified by members.

This convention shall, in any case, continue in force, in its form and content, for members who have ratified it and who do not ratify the revised convention.

Art. 25. The French and English texts of this convention are equally authentic.

Recommendation (number 40) that tends to activate the reciprocity provided for by the agreement, adopted in 1932, on the protection against accidents of workers engaged in the load and discharge of ships


The General Conference of the International Labour Organization of the League of Nations,

Convened in Geneva by the Governing Council of the International Labour Office, and assembled in that city on 12 April 1932 at its tenth meeting;

After having approved various proposals regarding the partial review of the agreement adopted in 1929 for the protection against the accidents of the workers occupied in the cargo and discharge of the ships, which is contained fourth in the order of the day of the meeting, and

Having adopted a draft convention that constitutes a revision of the above-mentioned convention, having agreed to complete the revised convention with a recommendation,

Adopts, on the twenty-seventh of April, nine hundred and thirty-two, the following recommendation, for consideration by members of the International Labour Organization in order to give effect in the form of national law or otherwise, in accordance with the provisions of part XIII of the Treaty of Versailles and relevant parts of the other peace treaties:

The Conference,

Considering that the revised Convention on the Protection against Accidents of Employees in the Cargo and Download of Ships contains an article dealing with reciprocity among members who have ratified the Convention.

Recommends that the following measures be taken in order to activate the reciprocity provided for in that article:

1. As soon as possible, upon the adoption of the revised convention, the Governments of the major countries concerned should make appropriate arrangements to enter into negotiations in order to achieve reasonable uniformity in the implementation of the convention, including in particular the issues mentioned in the reference article and the preparation of uniform models of certificates that may be used internationally.

2. The International Labour Office should be informed annually by means of memoirs of the measures taken pursuant to the preceding paragraph.

33.- Age of admission of children to non-industrial work

The General Conference of the International Labour Organization of the League of Nations,

Convened in Geneva by the Board of Directors of the International Labour Office and assembled in that city where of April nine hundred and thirty-two, at its tenth meeting;

After having adopted various proposals concerning the age of admission of children to work in non-industrial professions, a third-place issue on the agenda of the meeting, and

Having agreed that such proposals would review the form of a draft international convention,

Adopts, on 30 April, nine hundred and thirty-two, the following draft convention for ratification by the members of the International Labour Organization, in accordance with the provisions of Part XIII of the Treaty of Versailles and relevant parts of the other peace treaties:

Art. 1 - 1. This convention applies to any work that has not already been subject to the regulation provided for by some of the following conventions, adopted by the International Labour Conference, respectively, at its first, second and third meetings:

Convention setting the minimum age for admission of children to industrial work (Washington, 1919);

Convention setting the minimum age for admission of children to maritime work (Genoa, 1920);

Convention on the Age of Admission of Children to Agricultural Work (Geneva, 1921).

The competent authority of each country shall determine, after consultation with the main employers' and workers' organizations concerned, the line of demarcation between the field of application of this convention and that of the three conventions mentioned above.

2. This convention shall not apply:

(a) Maritime fishing;

(b) To work in technical and professional schools whenever it is essentially educational, it does not have any commercial benefit and is limited, approved and controlled by the public authority.

3. The competent authority of each country shall be entitled to exclude from the application of this convention:

(a) Work in establishments where only members of the employer ' s family are occupied, provided that there are no harmful, harmful or dangerous occupations within the meaning of articles 3 and 5 below;

(b) Domestic service in a family by its members.

Article 2 - Children under the age of fourteen or those who, having attained this age, continue to be subject to compulsory primary education, under national law, may not be employed in any work to which the present Convention applies, subject to the provisions of the Convention below.

Art. 3° - 1. Children who have reached the age of twelve may be occupied, outside the hours set for school attendance, in light work, provided that these jobs:

(a) Not harmful to their health or normal development;

(b) They are not of such character that they may harm their assiduousness to the school or their use of the instruction given therein;

(c) Do not exceed two hours a day, both on the day of class and on vacation; or seven hours, in no case, the total time spent every day at school and on such light work.

2. Light work will be prohibited:

(a) Sundays and legal public holidays;

(b) During the night, i.e., for twelve consecutive hours that will include the interval between eight o'clock at night and eight o'clock in the morning.

3. Prior to consultation with the main employers' and workers' organisations concerned, the national legislation:

(a) Determine what work may be considered as light for the purposes of this article;

(b) It shall prescribe the preliminary guarantees to be filled before children may be employed in light work.

4. Subject to the provisions of paragraph 1 (a) above:

(a) The national legislation may determine the permitted work and the daily duration of the work of children over the age of fourteen years referred to in article 2;

(b) In countries where there is no provision for compulsory school attendance, the duration of light work should not exceed four and a half hours per day.

Art. 4° - In the interest of art, science or teaching, national legislation, may grant individual authorizations, in derogation from the provisions of articles 2 and 3 of this convention, in order to allow the presentation of children in public shows, as well as their participation as actors or figures in film films.

However,

(a) No exception shall be granted in the event of dangerous employment, within the meaning of article 5 below, and especially in circus, varietés and cabarets;

(b) Strict safeguards will be required to protect the health, physical development and morality of children; to ensure good treatment, adequate rest and continuation of their education;

(c) Children authorized to work under the conditions provided for in this article shall not work after midnight.

Article 5: National legislation shall set an age or age superior to those referred to in article 2 of this Convention for the admission of young people and adolescents in any work which, by its nature or by the conditions in which it is carried out, is dangerous for the life, health or morality of the persons performing it.

Art. 6° - National legislation shall establish an age or age superior to those referred to in article 2 of this Convention for the admission of young people and adolescents in street trade or in public establishments and public places, in trade positions abroad, or in mobile professions, where such work is carried out in conditions that justify the establishment of a higher age.

Article 7: In order to ensure the effective implementation of the provisions of this Convention, national legislation:

(a) Establish an appropriate system of official inspection and control;

(b) Conduct appropriate measures to facilitate the identification and control of persons under a certain age who are employed in the work and professions referred to in Article 6;

(c) Sanctions shall be imposed to suppress violations of legislation that give effect to the provisions of this convention.

Article 8: The annual memories referred to in article 408 of the Versailles Treaty and the relevant articles of the other peace treaties shall contain complete data on the legislation that gives effect to the provisions of this convention. These data will consist mainly of:

(a) A list of work that national legislation considers to be light within the meaning of article 3;

(b) A list of work for which national legislation has established, in accordance with articles 5 and 6, higher ages of admission than those established by article 2;

(c) Complete details of the conditions under which exemptions are authorized under article 4 under articles 2 and 3.

Article 9. The provisions of articles 2, 3, 4, 5, 6 and 7 of this Convention shall not apply to India. However, in India:

1. Employment of children under 10 years of age shall be prohibited

In the interest of art, science or teaching, national legislation may, however, grant individual authorisations in derogation from the provision that precedes it, in order to allow the presentation of children in public shows, as well as their participation in cinematographic films as actors or figures.

Moreover, when the age of admission of children to manufactures that do not employ motor force, and which are not subject to Indian law on factories, would have been set by national legislation in more than 10 years, the age thus prescribed for admission to work in such manufactures shall remain at 10 years for the purpose of the implementation of this section.

2. Children under the age of fourteen may not be employed in any of the non-industrial work that the competent authority, after consultation with the main employers' and workers' organisations concerned, may declare dangerous to the life, health or morality of those.

3. The national legislation will set an age of more than 10 years for the admission of young people and adolescents in street trade or in public establishments and public places, in foreign trade posts, or in street occupations, where such work is carried out in conditions that justify the establishment of a higher age.

4. National legislation shall contain measures for the implementation of the provisions of this article and, in particular, shall establish the penalties for which violations of the legislation which give effect to the provisions of this article shall be punished.

5. The competent authority shall, after a period of five years, count on the enactment of laws that give effect to the provisions of this convention, review the situation again and completely in order to raise the minimum ages provided for in this convention. This new review shall apply to all provisions of this article.

If legislation was adopted in India that made school attendance compulsory until the age of fourteen years, this article would no longer apply and articles 2, 3, 4, 5, 6 and 7 would then apply to India.


Art. 10. The official ratifications of this convention, under the conditions provided for by Part XIII of the Versailles Treaty and relevant parts of the other peace treaties, shall be communicated to the Secretary-General of the League of Nations and registered by him.

Art. 11. - This agreement shall require only members of the International Labour Organization whose ratification has been registered by the Secretary-General.

This agreement shall enter into force twelve months after the ratifications of two members were registered by the Secretary-General.

This agreement shall enter into force for each member twelve months after the date of its ratification.

Art. 12. - As soon as the ratifications of two members of the International Labour Organization have been registered with the secretariat, the Secretary-General of the League of Nations shall notify all members of the International Labour Organization. It shall also notify them of the registration of ratifications communicated to it by the other members of the organization.

Art. 13. - Any member who has ratified this convention may denounce it upon the completion of a period of ten years, on the date of the entry into force of the convention, by declaration addressed to the Secretary-General of the League of Nations and registered by it. The complaint shall not take effect until one year after it has been registered with the secretariat.

Any member who has ratified this Convention and who, within one year of the expiration of the ten-year period referred to in the preceding paragraph, does not use the power of denunciation provided for in this article, shall be bound by a new five-year period, and may, thereafter, denounce this agreement at the expiration of each five-year period under the conditions provided for in this article.

Art. 14. - At the expiration of each ten-year period, on the basis of the entry into force of this convention, the Governing Council of the International Labour Office shall submit to the general conference a report on the implementation of this convention and decide whether to include in the agenda of the conference the full or partial review of the convention.

Art. 15. In the event that the conference adopts a new convention that constitutes a complete or partial review of this convention, ratification by a member of the new revised convention implies, in full law, despite the provisions of article 13, the immediate denunciation of this convention, subject to the entry into force of the new revised convention.

From the date of entry into force of the revised new convention, this convention may no longer be ratified by members.

This convention shall, in any case, continue in force, in its form and content, for members who have ratified it and who do not ratify the revised convention.

Art. 16. The French and English texts of this convention are equally authentic.

34. Retributed placement agencies

The General Conference of the International Labour Organization of the League of Nations,

Convened in Geneva by the Governing Council of the International Labour Office and assembled in Geneva on 8 June 1933 at its tenth meeting;

After having approved various propositions in relation to retributed placement agencies, a matter that is first on the agenda of the meeting, and

Having agreed that such proposals would review the form of a draft international convention,

It adopts, on twenty-nine June, nine hundred and thirty-three, the following draft convention for ratification by the members of the International Labour Organization, in accordance with the provisions of Part XIII of the Treaty of Versailles and relevant parts of the other peace treaties.

Art. 1 - 1. For the purposes of this agreement, the term "retributed positioning agency" designates:

(a) For lucrative placement agencies, i.e., any person, society, institution, office or other organization that serves as an intermediary to procure employment for a worker or worker to a employer, in order to obtain from one or another a direct or indirect material benefit; this definition does not apply to newspapers or other publications, unless they have the exclusive or principal purpose of acting as intermediaries between employers and workers;

(b) The non-profit placement agencies, i.e. the placement services of companies, institutions, agencies or other organizations that, without seeking material benefit, receive from the employer or the worker for such services a right of entry, contribution or remuneration whatsoever.

2. This Convention does not apply to the placement of seafarers.

Art. 2nd - 1. The agencies repaid for lucrative placements covered in paragraph 1 (a) of the preceding article shall be abolished within three years of entry into force for each member of this convention.

2. During the period leading to this deletion:

(a) No new placement agency shall be established for lucrative purposes;

(b) Apportionment agencies for lucrative purposes shall be subject to the control of the competent authority and shall not be able to receive more than the fees and expenses set out in the rate approved by that authority.

Art. 3° - 1. The competent authority may exceptionally permit the derogation of the provisions of article 2, paragraph 1, of this convention, but only after consulting the employers ' and workers ' organizations concerned.

2. Derogations authorized under this article may be applied only to agencies engaged in the placement of the classes of workers which expressly designate national legislation and which belong to professions in which placement is carried out under such special conditions that justify derogation.

3. The establishment of new retributed placement agencies may not be authorized under this article after the expiration of the three-year period provided for in Article 2.

4. Any placement agency repaid to which a derogation is granted under this article:

(a) It shall be subject to the control of the competent authority;

(b) It shall have a renewable annual licence at the discretion of the competent authority for 10 years or more;

(c) No more retribution and expenditure may be incurred than those included in the rate approved by the competent authority;

(d) It may not place or recruit workers abroad if it is not authorized by its licence and provided that its operations are carried out in the application of an agreement between the countries concerned.

Art. 4° - Retributed agencies for non-profit placements designated in Article 1, paragraph 1 (b):

(a) They shall have a permit from the competent authority and shall be subject to control thereof;

(b) They shall not be able to receive remuneration higher than the rate to be fixed by the competent authority, taking into account strictly the expenses incurred;

(c) They may not place or recruit workers abroad if they are not authorized by the competent authority, taking strictly into account the expenses incurred;

(d) They may not place or recruit workers abroad if they are not authorized by the competent authority and provided that their operations are carried out in accordance with an agreement between the countries concerned.

Art. 5° - The retributed agencies of placements covered in Article 1 of this Convention, as well as any person, society, institution, office or other private organization that is routinely devoted to securing placements, even on a free basis, shall be obliged to submit a declaration to the competent authority, indicating whether their placement services are free or paid.

Art. 6. National legislation shall establish appropriate criminal penalties for each violation of the provisions of the preceding articles or of the requirements that give effect to them, including the withdrawal of the licence or authorization provided for in this convention.

Article 7: The annual memoirs provided for in article 408 of the Versailles Treaty and the relevant articles of the other peace treaties shall contain all necessary data on the derogations granted under article 3.

Article 8 - The official ratifications of this convention, under the conditions provided for by Part XIII of the Treaty of Versailles and relevant parts of the other peace treaties, shall be communicated to the Secretary-General of the League of Nations and registered by him.

Article 9 - This agreement shall only require the members of the International Labour Organization whose ratification has been registered by the Secretary-General.

This agreement shall enter into force twelve months after the ratifications of two members were registered by the Secretary-General.

This agreement shall enter into force for each member twelve months after the date of its ratification.

Art. 10. - As soon as the ratifications of two members of the International Labour Organization have been registered with the secretariat, the Secretary-General of the League of Nations shall notify all members of the International Labour Organization. It shall also notify them of the registration of ratifications communicated to it by the other members of the organization.

Art. 11. - Any member who has ratified this convention may denounce it upon the completion of a period of ten years, on the date of the entry into force of the convention, by declaration addressed to the Secretary-General of the League of Nations and registered by it. The complaint shall not take effect until one year after it has been registered with the secretariat.

Any member who has ratified this Convention and who, within one year of the expiration of the ten-year period referred to in the preceding paragraph, does not use the power of denunciation provided for in this article, shall be bound by a new ten-year period, and may, thereafter, denounce this agreement at the expiration of each ten-year period under the conditions provided for in this article.

Art. 12. - At the expiration of each ten-year period, on the basis of the entry into force of this convention, the Governing Council of the International Labour Office shall submit to the general conference a report on the implementation of this convention, and shall decide whether to include in the agenda of the conference the full or partial review thereof.

Art 13. - In the event that the conference adopts a new convention that constitutes a complete or partial review of the present convention, unless the new convention provides otherwise:

(a) Ratification by a member of the new revised convention implies, in full law, notwithstanding the provisions of article 11, the immediate denunciation of this convention, subject to the entry into force of the new revised convention;

(b) From the date of entry into force of the revised new convention, this convention may no longer be ratified by members.

This convention shall, in any case, continue in force in its form and content for members who have ratified it and who do not ratify the revised convention.

Art. 14. The French and English texts of this convention are equally authentic.

41.- Night work of women (revised in 1934)

The General Conference of the International Labour Organization of the League of Nations,

Convened by the Governing Council of the International Labour Office and assembled in that city on 4 June 1934 at its tenth meeting;

Having adopted a number of proposals regarding the partial revision of the convention adopted by the conference at its first meeting on the night work of women, an issue that constitutes the seventh day of the present meeting;

Considering that such proposals should take the form of a draft international convention,

Adopts, on 19 June, a thousand nine hundred and thirty-four, the following draft convention to be called: Convention (revised) of night work (of women), 1934

Art. 1- 1. For the implementation of this Convention, they shall be considered as "industrial establishments", in particular:

(a) Mines, quarries and extractive industries of all kinds;

(b) The industries in which they manufacture, modify, clean, repair, adorn, finish or prepare products for sale, or in which the materials undergo a transformation, including the construction of ships, the demolition industries, as well as the production, transformation and transmission of motor force, in general, and electricity;

(c) The construction, reconstruction, conservation, repair, modification or demolition of buildings and constructions of all kinds; the railways, trams, ports, deposits, docks, channels, installations for internal navigation, roads, tunnels, bridges, viaducts, collective sewers, ordinary sewers, wells, telegraphic or telephone installations, electrical installations, gas factories, preparation of water, or other works.

2. In each country, the competent authority shall determine the demarcation line between industry, on the one hand, and trade and agriculture on the other.

Art. 2nd - 1. For the application of this agreement, the term "night" means a period of eleven consecutive hours, at least, that they will understand the interval between ten o'clock at night and five o'clock in the morning.

2. However, in the event of exceptional circumstances affecting the workers employed in an industry or in a particular region, the competent authority may, after consultation with the employers' and workers' organizations concerned, provide that, for the women occupied in this industry or in this region, the interval between 10 o'clock in the evening and 5 o'clock in the morning may be substitued by which between 11 o'clock in the night and 6 o'clock in the morning.

3. In countries where no public regulation is applied to women ' s night employment, in industrial establishments, the word "night" may provisionally, and for a period of up to three years, mean, at the discretion of the government, a period of ten hours only, which will include the interval between ten o'clock and five o'clock in the morning.

Art. 3 - Women, without distinction of age, may not be employed at night in any industrial, public or private establishment, or in any unit of such establishments, except those in which only members of the same family are employed.

Article 4 - Article 3:

(a) In the case of force majeure, where a job interruption is not foreseeable and is not of a periodic nature;

(b) In the event that the work is done on the first subjects or on matters in preparation that are susceptible to very rapid alteration, when necessary to save such matters from an inevitable loss.

Article 5: In India and Siam, the application of article 3 of this agreement may be suspended by the government, except as far as manufacturing factories are concerned, as defined by the National Law. A notification shall be addressed to the International Labour Office of each excepted industry.

Article 6 - In industrial establishments subject to the influence of the stations, and in all cases where exceptional circumstances require it, the duration of the night period referred to in Article 2 may be reduced to ten hours for sixty days per year.

Art. 7° - In countries where the weather makes the day work singularly painful, the night period may be shorter than the one set by the previous articles, provided that during the day a compensatory rest is granted.

Article 8 - This agreement does not apply to women in leadership positions that involve responsibility and do not normally perform manual work.

Article 9 - The official ratifications of this convention shall be communicated to the Secretary-General of the League of Nations and registered by him.

Art. 10. - 1. This convention shall only oblige the members of the International Labour Organization whose ratification has been registered by the Secretary-General.

2. This agreement shall enter into force twelve months after the ratifications of two members were registered by the Secretary-General.

3. This agreement shall enter into force for each member twelve months after the date of its ratification.

Art. 11. - As soon as the ratifications of two members of the International Labour Organization have been registered with the secretariat, the Secretary-General of the League of Nations shall notify all members of the International Labour Organization. It shall also notify them of the registration of ratifications communicated to it by the other members of the organization.

Art. 12. - 1. Any member who has ratified this agreement may denounce it upon the completion of a 10-year period, on the date of the entry into force of the convention, by declaration addressed to the Secretary-General of the League of Nations and registered by him. The complaint shall not take effect until one year after it has been registered with the secretariat.

2. Any member who has ratified this Convention and who, within one year of the expiration of the ten-year period referred to in the preceding paragraph, does not use the power of denunciation provided for in this article, shall be bound by a new ten-year period, and may, thereafter, denounce this agreement at the expiration of each ten-year period under the conditions provided for in this article.

Art. 13. - At the expiration of each ten-year period, on the basis of the entry into force of this convention, the Governing Council of the International Labour Office shall submit to the general conference a report on the implementation of this convention, and shall decide whether to include in the agenda of the conference the full or partial review thereof.

Art. 14. - 1. In the event that the conference adopts a new convention that constitutes a complete or partial review of the present convention, unless the new convention provides otherwise:

(a) Ratification by a member of the new revised convention implies, in full law, notwithstanding the provisions of article 12, the immediate denunciation of this convention, subject to the entry into force of the new revised convention;

(b) From the date of entry into force of the revised new convention, this convention may no longer be ratified by members.

2. This convention shall, in any case, continue in force in its form and content for members who have ratified it and who do not ratify the revised convention.

Art. 15. The French and English texts of this convention are equally authentic.

42. Reparation of occupational diseases (revised in 1934)

The General Conference of the International Labour Organization of the League of Nations,

Convened in Geneva by the Governing Council of the International Labour Office and assembled in that city on 4 June 1934 at its tenth meeting;

Having adopted a number of proposals regarding the partial review of the convention adopted by the conference at its seventh meeting on the repair of occupational diseases, which is the fifth point of order of the day of the present meeting;

Considering that such proposals should take the form of a draft international convention,

Adopts, on June twenty-one thousand nine hundred and thirty-four, the following draft convention to be called: "Convention (revised) on occupational diseases, 1934":

Art. 1 - 1. Any member of the International Labour Organization ratifying the present Convention is obliged to ensure that victims of occupational diseases or their rights are compensated based on the general principles of their national legislation on the repair of work accidents.

2. The amount of this compensation shall not be lower than that established by national legislation for damages resulting from work accidents. Subject to this provision, each member shall be free to adopt such modifications and adaptations as he deems appropriate in determining in his national legislation the conditions governing the payment of the repair of the diseases concerned, and in applying to these diseases his legislation on the repair of accidents at work.

Article 2 - Any member of the International Labour Organization ratifying the present Convention is obliged to consider diseases and poisonings produced by the substances inscribed in the following table as occupational diseases or poisonings, as indicated in the table below, when workers engaged in the relevant professions, industries or operations contract these diseases or intoxications, as indicated in the table, and to result from work in a company subject to national legislation.

Lists of toxic diseases and substances List of professions, industries or related operations
Lead poisoning, alloys or compounds, with the direct consequences of such poisoning Treatment of minerals containing lead, including the plumbing ashes of the factories where the zinc is obtained.

Fusion of old zinc and lead in gallops.

Manufacture of cast lead objects or plumbing alloys.

Polygraph industries.

Manufacture of lead compounds.

Manufacture and repair of accumulators.

Preparation and use of lead-containing enamels.

Feeding by means of lead or downpour powders.

Paint work that includes the preparation or handling of mastic or dye coatings containing lead pigments.

Mercury poisoning, amalgams and compounds, with the direct consequences of such poisoning Treatment of mercury minerals.

Manufacture of mercury compounds.

Manufacture of measuring or laboratory devices. Preparation of raw materials for shading.

Surrounded by fire.

Use of mercury pumps for the manufacture of incandescent lamps.

Manufacture of cebes with mercury fulminate.
Carbuncose infection. Workers who are in contact with carboid animals.

Manipulation of animal strips.

Loading, downloading or transporting goods.
Silicosis with or without pulmonary tuberculosis whenever silicosis is a determining cause of inability or death. Industries or operations recognized by national laws or regulations as exposed to the risks of silicosis.
Phosphorus poisoning and its compounds with the direct consequences of this poisoning. The operations of the production, separation or use of the phosphorus or its compounds.
Arsenic poisoning or its compounds with the direct consequences of this poisoning. All operations consisting of the production, separation or use of arsenic and its compounds.
Intoxication by the benzene or its counterparts, its nitrose and aminic derivatives with the direct consequences of this poisoning. All operations consisting of the production, separation or use of the benzene or its counterparts or of its nitrose and aminic derivatives.
Intoxication by halogen derivatives of fatty hydrocarbons. All operations involving the production, separation or use of halogen derivatives of fatty hydrocarbons, designated by national laws.
Due pathological disorders:

(a) Radio and other radioactive substances;

(b) X-rays.
All operations that expose to the action of radium radioactive substances or X-rays.




Primitive epitheliomas of the skin. All operations consisting of the handling or use of tar, brea, betamine, mineral oils, paraffin, or of compounds, products or residues of these substances.

Article 3 - The official ratifications of this convention shall be communicated to the Secretary-General of the League of Nations and registered by him.

Article 4 - This agreement shall only require members of the International Labour Organization whose ratification has been registered by the Secretary-General.

This agreement shall enter into force twelve months after the ratifications of two members were registered by the Secretary-General.

This agreement shall enter into force for each member twelve months after the date of its ratification.

Article 5: As soon as the ratifications of two members of the International Labour Organization have been registered with the secretariat, the Secretary-General of the League of Nations shall notify all members of the International Labour Organization. It shall also notify them of the registration of ratifications communicated to it by the other members of the organization.

Art. 6° - 1. Any member who has ratified this convention may denounce it upon the end of five years, on the date of the entry into force of the convention, by declaration addressed to the Secretary-General of the League of Nations and registered by it. The complaint shall not take effect until one year after it has been registered with the secretariat.

2. Any member who has ratified this convention and who, within one year of the expiration of the five-year period referred to in the preceding paragraph does not use the power of denunciation provided for in this article, shall be bound by a new five-year period, and may, thereafter, denounce this agreement at the expiration of each five-year period under the conditions provided for in this article.

Article 7: At the expiration of each period of ten years, on the basis of the entry into force of this convention, the Governing Council of the International Labour Office shall submit to the general conference a report on the implementation of this convention, and shall decide whether to include in the order of the day of the conference the total or partial review thereof.

Art. 8° - 1. In the event that the conference adopts a new convention that constitutes a complete or partial review of the present convention, unless the new convention provides otherwise:

(a) Ratification by a member of the new revised convention implies full right, notwithstanding the provisions of article 6, the immediate denunciation of this convention, subject to the entry into force of the new revised convention;

(b) From the date of entry into force of the revised new convention, this convention may no longer be ratified by members.

2. This convention shall, in any case, continue in its form and content for members who have ratified it and do not ratify the revised convention.

Article 9: The French and English texts of this convention are equally authentic.

45.- Employment of women in underground work in mines of all kinds

The General Conference of the International Labour Organization of the League of Nations,

Convened in Geneva by the Governing Council of the International Labour Office and assembled in Geneva on 4 June 1935 at its tenth meeting;

Having adopted various proposals concerning the employment of women in underground work in mines of all kinds, which is the second point of the agenda of the meeting;

Having agreed that such proposals would review the form of a draft international convention,

Adopts, on June twenty-one thousand nine hundred and thirty-five, the following draft convention to be called: "Convention on subterranean work (women), 1935":

Art. 1 - For the application of this agreement, the term "mine" shall consist of any company, public or private, dedicated to the extraction of substances located underground.

Art. 2° - No female person may be employed in the underground work of the mines, regardless of age.

Article 3 - National legislation may exempt from this prohibition:

(a) Women in leadership positions and do not carry out manual work;

(b) Women employed in health and social services;

(c) Women admitted during their studies to practice in the underground part of a mine for vocational training;

(d) Any other woman who will occasionally descend to the underground part of a mine in the exercise of a profession that is not of a manual nature.

Article 4 - The official ratifications of this convention shall be communicated to the Secretary-General of the League of Nations and registered by him.

Art. 5° - 1. This convention shall only oblige the members of the International Labour Organization whose ratification has been registered by the Secretary-General.

2. This agreement shall enter into force twelve months after the ratifications of two members were registered by the Secretary-General.

3. This agreement shall enter into force for each member twelve months after the date of its ratification.

Article 6: As soon as the ratifications of two members of the International Labour Organization have been registered, the Secretary-General of the League of Nations shall notify all members of the International Labour Organization. It shall also notify them of the registration of ratifications communicated to it by the other members of the organization.

Art. 7° - 1. Any member who has ratified this agreement may denounce it upon the completion of a 10-year period, on the date of the entry into force of the convention, by declaration addressed to the Secretary-General of the League of Nations and registered by him. The complaint will not take effect until one year after it has been registered.

2. Any member who has ratified this convention and who, within one year, after the expiration of the ten-year period referred to in the preceding paragraph, does not use the complaint authority provided for in this article, shall be bound by a new ten-year period, and may, thereafter, denounce this agreement at the expiration of each ten-year period under the conditions provided for in this article.

Article 8: At the expiration of each period of ten years, on the basis of the entry into force of this convention, the Governing Council of the International Labour Office shall submit to the general conference a report on the implementation of this convention and shall decide whether to include in the order of the day of the conference the total or partial review thereof.

Art. 9° - 1. In the event that the conference adopts a new convention that constitutes a complete or partial review of the present convention, unless the new convention provides otherwise:

(a) Ratification by a member of the new revised convention implies full right, notwithstanding the provisions of article 7, the immediate denunciation of this convention, subject to the entry into force of the new revised convention;

(b) From the date of entry into force of the revised new convention, this convention may no longer be ratified by members.

2. This convention shall, in any case, continue in force, in its form and content, for members who have ratified it and who do not ratify the revised convention.

Art. 10. The French and English texts of this convention are equally authentic.

Draft conventions and recommendations adopted by the International Labour Conference at its twentieth meeting in 1936.

50.- Regulation of certain particular systems of recruitment of workers

The General Conference of the International Labour Organization of the League of Nations,

Convened in Geneva by the Governing Council of the International Labour Office and assembled in that city on 4 June 1936 at its twentieth meeting;

Having decided to adopt various proposals regarding the regulation of certain particular systems of recruitment of workers, an issue that constitutes the first point of order of the day of the meeting;

Having agreed that such proposals would review the form of a draft international convention,

Adopts, on 20 June 1936, the following draft convention to be called: "Convention on the Recruitment of Indigenous Workers, 1936":

Art. 1 - Any member of the International Labour Organization ratifying this Convention undertakes to regulate, in accordance with the following provisions, the recruitment of indigenous workers in each of its territories where such recruitment exists, or may subsequently exist.

Art. 2nd - For the purposes of this convention:

(a) The term "recruitment" includes all the operations carried out in order to obtain for itself or to provide a third party with the labour of persons who do not spontaneously offer their services, either at the workplace, or at a public office of emigration or placement, or in an office headed by some employer organization and subject to the control of the competent authority;

(b) The term "indigenous workers" includes workers belonging to or assimilated to the indigenous population of the territories that depend on the members of the organization, as well as workers belonging to or assimilated to the indigenous population not independent of the metropolitan territories of the members of the organization.

Article 3 - Where circumstances make this policy desirable, the competent authority may exempt from the application of this agreement the following types of recruitment operations, provided that such operations are not undertaken by persons or companies exercising professional recruitment:

(a) Operations undertaken by or on behalf of employers who do not employ a number of workers above the limit set;

(b) Operations undertaken in a given area, to be fixed, where the work is to be done;

(c) Operations undertaken to recruit workers to provide personal or domestic services and non-mandatory workers.

Art. 4° - Before adopting, for a particular region, any plan of economic promotion that by its nature implies the recruitment of labour, the competent authority shall take as many measures as may be feasible and necessary:

(a) To avoid the risk of pressure on the communities concerned, by or on behalf of the employers, in order to obtain the necessary workforce;

(b) To ensure, to the extent possible, that the political and social organization of such collectivities and their powers of adaptation to new economic conditions do not endanger the demand for labour;

(c) To deal with any other adverse consequences that this economic development might bring with it, in what is preferred to the communities concerned.

Art. 5° - 1. Before authorizing labour recruitment into a particular territory, the competent authority must take into account the possible impact that might result in the social life of the collectivity concerned in the transfer of male adults, bearing in mind, above all, the following points:

(a) Density of the population, its tendency to increase or decrease and likely effects of the removal of male adults, on the birth rate;

(b) Possible effects of this removal on the conditions of hygiene, well-being and development of the communities concerned, particularly with regard to their means of subsistence;

(c) Dangers from this removal, in respect of family and moral conditions;

(d) Possible effects of this removal on the social organization of the collective concerned.

2. When circumstances make the adoption of this policy enforceable and necessary, the competent authority shall, in order to protect the communities concerned against all the angry repercussions of the removal of male adults, indicate the maximum number of male adults who may be recruited into a given social unit, so that the number of male adults left in this unit is not less than a certain percentage of male and male adults.

Art. 6 - Non-citizen persons shall not be recruited. However, the competent authority may authorize the recruitment of non-citizens with the consent of their parents, from a certain age, to perform light work, provided that the guarantees to be adopted for their well-being are prescribed.

Art. 7° - 1. The recruitment of a head of the family should not be considered to imply that of any member of his family.

2. Where circumstances make the adoption of this policy enforceable and desirable, the competent authority shall encourage recruiting workers to be accompanied by their families, and particularly when such workers are recruited for agricultural or similar work, to be carried out far away from their homes and for periods exceeding a specified time.

3. Except for the express requirement of those concerned, recruiting workers should not be separated from their women and their minor children authorized to accompany and reside with them at the workplace.

4. Unless otherwise stipulated, prior to the departure of the worker from the place of his recruitment, the authorization to accompany him must be regarded as an authorization to live with him while his employment lasts.

Article 8: When circumstances make the adoption of this policy enforceable and desirable, the competent authority may subordinate the recruitment to the condition that the recruited workers are grouped at the workplace, according to their ethnic affinities.

Art. 9° - Public officials shall not recruit, directly or indirectly, for private companies, except where recruited workers must be employed in public utility works whose execution is entrusted to private companies on the basis of a public authority.

Art. 10. - The heads and other indigenous authorities shall not:

(a) Acting as recruiters;

(b) Exercising any pressure on any recruits;

(c) To receive from any origin a special remuneration or any other special benefit for the fact that it has contributed to the recruitment.

Art. 11. - No person or society may engage in professional recruitment unless such person or society has been duly authorized by the competent authority and recruits workers on behalf of the public administration or on behalf of one or more employers or employers ' associations

Art. 12. Employers, employers ' agents, employers ' organizations, employers ' organizations, employers ' organizations and employers ' organizations may not engage in recruitment without a permit granted by the competent authority.

Art. 13. - 1. Before granting a recruitment permit, the competent authority shall:

(a) Ensure that the applicant, if any, possesses the necessary skills and provides sufficient guarantees;

(b) To oblige the applicant, unless it is a employers ' organization or an organization subsidized by the employers, to provide a financial or other guarantee for the good performance of its obligations, as the holder of the permit;

(c) To force the applicant, if it is a employer, to provide a financial or other guarantee for the payment of the accrued wages; and

(d) Ensure that all necessary provisions have been adopted to protect the health and well-being of recruiting workers.

2. Permit holders must keep a register to check the regularity of any recruitment operation or identify each recruiting worker, in accordance with the rules approved by the competent authority.

3. Any license holder who is an agent of another holder shall, as far as possible, receive a fixed salary; but if he receives a remuneration commensurate with the number of workers recruited, he must not exceed a limit set by the competent authority.

4. The validity of permits shall be limited to a specified period, which shall be established by the competent authority and shall not exceed one year.

5. Renewal of permits must be subordinated to the manner in which the holders have respected the conditions set for granting it.

6. The competent authority shall have the power to:

(a) Withdraw a permit if the holder has incurred any infringement or failure to disqualify him or her for recruitment;

(b) Suspend a permit pending the outcome of any investigation into the actions of the holder of such permit.

Art. 14. - 1. No person should, as a subordinate, assist the holder of a permit in the very operations of the recruitment, if that person has not been accepted by a public official and is provided with authorization granted by the holder of the permit.

2. Each holder of a permit shall be responsible for correcting the conduct of these assistants.

Art. 15.- 1. Where circumstances make the adoption of this policy necessary and desirable, the competent authority may exempt from the obligation of the permit to recruiters:

(a) To be employed as workers in the company for which other workers are recruited;

(b) To be expressly charged by the employer in accordance with a written document, with the recruitment of other workers;

(c) That they did not receive remuneration or any other benefit for the fact of recruitment.

2. The recruiters should not grant advances on wages to recruits.

3. The recruiters must not be able to recruit but in an area determined by the competent authority.

4. The operations of recruiters shall be controlled in the manner provided by the competent authority.

Art. 16. - 1. Recruited workers must be brought to a public official, who will check whether the requirements of recruitment legislation have been observed and, in particular, whether workers have not been subjected to unlawful pressure or recruited with fraud or error.

2. Recruited workers shall be brought to this staff member as close as possible to the place of recruitment, or when they are recruited into a territory to be employed in another dependent of another administration, no later than at the place of departure of the territory of recruitment.

Art. 17. - Where circumstances make the adoption of this provision enforceable and necessary, the competent authority shall impose the surrender, to any contracted worker, whose contract is not made in the same place of recruitment or near that place, of a document written as a certificate of employment, employment card or interim contract, containing the data that the competent authority deems necessary, such as, for example, the indications of employee ' s identity, the conditions of employment in perspective and any advances granted to the worker.

Art. 18. - 1. Any recruited worker shall be subject to medical examination.

2. When the worker has been recruited to work in an area away from the place of recruitment or has been recruited into a territory dependent on another administration, the medical examination shall be carried out as close as possible to the place of recruitment and, in the case of workers recruited in one territory to work in another, subject to a different administration, no later than, at the place of departure of the territory of recruitment.

3. The competent authority may grant to the public official, to whom the recruited workers are to be presented, in accordance with article 16, the right to authorize the departure of such workers prior to any medical examination, provided that they verify:

(a) That it was and remains impossible to subject these workers to a medical examination at the place of recruitment or at the starting point;

(b) That every worker is physically fit to travel and perform
their future employment;

(c) Each worker shall undergo a medical examination upon arrival at the workplace or within the shortest possible time after arrival.

4. The competent authority may prescribe that recruited workers are subject to a medical examination prior to their departure and a second examination after their arrival at the place of employment, especially when the travel of recruited workers is of such duration or is done in such conditions that their health may be revived.

5. The competent authority must ensure that all necessary measures have been taken for the purposes of acclimatization and adaptation of the recruited workers, and their subjection to preventive vaccines.

Art. 19. - 1. The recruiter or employer must, whenever possible, transport the recruited workers to the workplace.

2. The competent authority shall take the necessary measures to:

(a) The vehicles or ships used for the transport of the workers are suitable for this needle, which offer good hygiene conditions and sufficient transport capacity;
(b) Appropriate facilities are provided when workers must spend the night on a trip;

(c) Where there are large distances to travel, all necessary measures are taken to ensure that workers are provided with adequate medical care and well-being.

3. When recruited workers must travel long distances on foot to reach the workplace, the competent authority must take the necessary measures to:

(a) The duration of daily stages is compatible with the preservation of health and workers ' forces;

(b) When the extent of labour movement imposes such measures, rest camps or phased shelters are installed in appropriate locations along the main roads, and are kept in a state of sufficient cleanliness and provide indispensable medical assistance.

4. When recruited workers travel in group to go to the workplace and travel long distances, they must be accompanied by a responsible guide.

Art. 20. - 1. The travel expenses of the recruited workers to the place of their destination, as well as all expenses incurred by the protection of the worker during their journey, shall be incurred by the recruiter or the employer.

2. The recruiter or the employer shall provide the recruiting workers as much as is necessary for their support during the journey to the place of their destination and, above all, according to local conditions, adequate and appropriate supplies, drinking water, cooking and fuel utensils, clothes and blankets.

3. This article will apply to workers recruited by recruiters to the extent that it considers the competent authority possible.

Art. 21. - Every recruiting worker:

(a) To be disabled for work, either by accident or by illness during their journey to the workplace;

(b) To be unfit for work as a result of a medical examination;

(c) That he is without placement, after recruitment, for reasons beyond his will;

(d) That the competent authority should have been recruited through fraud or error, must be repatriated on behalf of the recruiter or the employer.

Art. 22. The competent authority shall limit the amount that can be paid to recruited workers, as advances on wages, and shall regulate the conditions under which such advances are made.

Art. 23. When the families of the recruited workers have been authorized to accompany the latter at the place of their destination, the competent authority shall take the necessary measures to safeguard their health and well-being during the journey.

In particular:

(a) Articles 19 and 20 of this Convention shall apply to these families;

(b) In the event of the repatriation of the worker, under article 21, the worker ' s family must also be repatriated;

(c) In the event of the death of the worker during his journey to the workplace, his family must be repatriated

Art. 24. - 1. Before authorizing the recruitment of workers destined to be employed in a territory under another administration, the competent authority of the territory of recruitment must ascertain that they have taken the necessary measures to carry out, in accordance with the provisions of this convention, the protection of the workers recruited from the time they cease to be under the jurisdiction of this authority.

2. When workers are recruited in one territory to be employed in another, subject to another administration, and the competent authorities of both territories consider that the circumstances and importance of such recruitment require such measures, these authorities shall conclude agreements that determine the extent to which such recruitment may be authorized and institute cooperation between them to ensure control of the implementation of the conditions of recruitment and employment.

3. Recruitment of workers in one territory for employment in another, subject to different administration, may only be carried out under a permit granted by the competent authority of the territory of recruitment. However, such authority may admit as equivalent to a permit granted by it, another granted by the competent authority of the territory of employment.

4. Where the competent authority of the territory of recruitment considers that the circumstances and importance of such recruitment in its territory, of workers destined to be employed in another territory, subject to different administration, make such measures necessary, the aforementioned authority shall stipulate that such recruitment cannot be undertaken but by the organizations recognized by it.

Art. 25. - 1. With regard to the territories mentioned in article 35 of the Constitution of the International Labour Organization, any member of the organization ratifying this convention shall accompany its ratification of a declaration indicating:

(a) The territories in which the provisions of the Convention are committed to apply without modification;

(b) The territories in which the provisions of the Convention are committed to the application of modifications and what are these modifications;

(c) The territories in which the convention is inapplicable and, in this case, the reasons why it is inapplicable;

(d) The territories for which its decision is reserved.

2. The commitments referred to in subparagraphs (a) and (b) of the first subparagraph of this article shall be regarded as an integral part of the ratification and shall be identical.

3. Any member may, by further declaration, waive all or part of the reservations contained in his previous declaration under sub-paragraphs (b), (c) or (d) of the first subparagraph of this article.

Art. 26. - The official ratifications of this convention shall be communicated to the Secretary-General of the League of Nations and registered by him.

Art. 27. - 1. This convention shall only oblige the members of the International Labour Organization, whose ratification has been registered by the Secretary-General.

2. This agreement shall enter into force twelve months after the ratifications of two members were registered by the Secretary-General.

3. This agreement shall enter into force for each member twelve months after the date of its ratification.

Art. 28. - As soon as the ratifications of two members of the International Labour Organization have been registered, the Secretary-General of the League of Nations shall notify all members of the International Labour Organization. It shall also notify them of the registration of ratifications communicated to it by the other members of the organization.

Art. 29. - 1. Any member who has ratified this agreement may denounce it upon the completion of a 10-year period, on the date of the entry into force of the convention, by declaration addressed to the Secretary-General of the League of Nations and registered by him. The complaint will not take effect until one year after it has been registered.

2. Any member who has ratified this Convention and who, within one year of the expiration of the ten-year period referred to in the preceding paragraph, does not use the power of denunciation provided for in this article, shall be bound by a new period of ten years, and may, thereafter, denounce this agreement at the expiration of each ten-year period under the conditions provided for in this article.

Art. 30. - At the expiration of each ten-year period, on the basis of the entry into force of this convention, the Governing Council of the International Labour Office shall submit to the General Conference a report on the implementation of this convention and decide whether to include in the agenda of the conference the question of the total or partial review of the Convention.

Art. 31. - 1. In the event that the conference adopts a new convention that constitutes a complete or partial review of this convention and unless the new convention provides otherwise:

(a) Ratification by a member of the new revised convention implies full right, notwithstanding the provisions of article 29, the immediate denunciation of this convention, provided that the new revised convention has entered into force;

(b) From the date of entry into force of the revised new convention, the present convention may no longer be ratified by members.

2. This convention shall, in any case, continue in force in its form and content for members who have ratified it and who do not ratify the revised convention.

Art. 32. The French and English texts of this convention are equally authentic.

52. Annual paid leave

The General Conference of the International Labour Organization of the League of Nations,

Convened in Geneva by the Governing Council of the International Labour Office and assembled in that city on 4 June 1936 at its twentieth meeting;

Having decided to adopt a number of proposals concerning the annual paid leave, which is the second item on the agenda of the meeting;

Having agreed that such proposals would review the form of a draft international convention,

Adopts, on the twenty-fourth of June, nine hundred and thirty-six, the following draft convention to be called the agreement on paid holidays, 1936:

Art. 1 - 1. This agreement shall apply to persons employed in the following enterprises and establishments, whether public or private:

(a) Establishments in which products are manufactured, modified, cleaned, repaired, adorned, finished, prepared for sale, destroyed or disposed of, or in which the materials undergo a transformation, including the construction of ships, as well as the production, transformation and transmission of electricity and motor force in general;

(b) Companies that dedicate themselves exclusively or mainly to construction, reconstruction, conservation, repair, modification or demolition of the following works: constructions and buildings, railways, trams, airports, ports, docks, docks, springs, works of protection against the action of the rivers and the sea, channels, installations for the internal navigation, sea or aerea, roads, tunnels, bridges, roadways, water drainages

(c) Transport companies of passengers or goods by road or by rail, by way of internal or air water, including the movement of goods in docks, docks, malcons, warehouses and airports;

(d) Mines, quarries and extractive industries of all kinds;

(e) Commercial establishments, including e-mails and telecommunication services;

(f) Establishments and administrations whose operation consists mainly in office work;

(g) Journalistic companies;

(h) Establishments aimed at the treatment or hospitalization of the sick, crippled, destitute or alienated;

(i) Hotels, restaurants, pensions, circles, cafes and other establishments where items are served to be consumed in the premises;

(j) Activities and diversions;

(k) Establishments that are both commercial and industrial and do not fully correspond to one of the above categories.

2. The competent authority of each country shall determine, after consultation with the principal employers' and workers' organizations concerned, where they exist, the line of demarcation between the aforementioned companies and establishments and those that are not included in this agreement.

3. The competent authority of each country may exempt from the application of this convention:

(a) Persons employed in enterprises or establishments where only members of the employer ' s family are occupied;

(b) Persons employed in public administrations, whose conditions of employment grant them the right to an annual leave with pay, of at least equal to that provided for in this Convention.

Art. 2°- 1. Any person to whom this agreement applies shall have the right, after one year of continuous service, to an annual paid vacation of at least six working days,

2. Persons under the age of sixteen, including apprentices, shall, after one year of continuous service, be entitled to an annual paid vacation of twelve working days, at least.

3. They are not computed for the purposes of the annual paid vacation:

(a) Official holidays or customs taxes;

(b) Work interruptions due to illness.

4. In each country, national legislation may authorize, on an exceptional basis, the fractionation of the annual vacation; but only in respect of the portion of the annual vacation which exceeds the minimum duration provided for in this article.

5. The duration of the annual paid vacation should be progressively increased with the duration of the service, as determined by national legislation.

Art. 3rd - Any person granted leave under article 2 of this Convention shall receive during the same period:

(a) Their usual remuneration calculated according to conditions to be fixed by national legislation, increased, if any, with the equivalent of their remuneration in kind; or,

(b) A remuneration set by collective agreement.

Art. 4° - Any agreement that implies the abandonment of the right to paid annual leave or the waiver of the same will be considered null.

Art. 5 - The national legislation may provide that any person who performs a paid job during his or her paid vacation is deprived of the corresponding remuneration during such holidays.

Art. 6 - Any person dismissed for imputable cause of the employer, before the beginning of his or her vacation, shall receive, for every day of his or her vacation which is entitled under this agreement, the total remuneration provided for in article 3.

Art. 7° - In order to facilitate the effective implementation of this agreement, each employer shall register in a register, according to model approved by the competent authority:

(a) The date on which the persons employed by him and the duration of the annual paid vacation are served, to which each is entitled;

(b) The dates on which each one will take his annual paid vacation;

(c) The remuneration received by each person for the duration of his or her annual paid vacation.

Art. 8. Any member ratifying this convention shall introduce a system of sanctions to ensure its implementation.

Article 9 - None of the provisions of this Convention may affect in any way any Law, Judgment, Custom or pact between employers and workers that ensure conditions more favourable than those provided for in this Convention.

Art. 10. - The official ratifications of this convention shall be communicated to the Secretary-General of the League of Nations and registered by him.

Art. 11. - 1. This convention shall only oblige the members of the International Labour Organization whose ratification has been registered by the Secretary-General.

2. This agreement shall enter into force twelve months after the ratifications of two members were registered by the Secretary-General.

3. This agreement shall enter into force, for each member, twelve months after the date of its ratification.

Art. 12. - As soon as the ratifications of two members of the International Labour Organization have been registered in the Secretariat, the Secretary-General of the League of Nations shall notify all members of the International Labour Organization. You will also notify them of the registration of ratifications that may be communicated to you by any other members of the organization.

Art. 13. - 1. Any member who has ratified this agreement may denounce it upon the completion of a 10-year period, on the date of the entry into force of the convention, by declaration addressed to the Secretary-General of the League of Nations and registered by him. The complaint will not take effect until one year after it has been registered.

2. Any member who has ratified this Convention and who shall, within one year of the expiration of the ten-year period referred to in the preceding paragraph, make no use of the power of denunciation provided for in this article, shall be bound by a new ten-year period, and may, thereafter, denounce this agreement at the expiration of each 10-year period under the conditions provided for in this article.

Art. 14. - At the expiration of each ten-year period, on the basis of the entry into force of this convention, the Governing Council of the International Labour Office shall submit to the General Conference a report on the implementation of this convention and decide whether to include in the agenda of the conference the question of the total or partial review of the Convention.

Art. 15. - 1. In the event that the conference adopts a new convention that constitutes a complete or partial review of this convention and unless the new convention provides otherwise:

(a) Ratification by a member of the new revised convention implies full right, notwithstanding the provisions of article 13, the immediate denunciation of this convention, provided that the new revised convention has entered into force;

(b) From the date of entry into force of the revised new convention, the present convention may no longer be ratified by members.

2. This convention shall, in any case, continue in its form and content for members who have ratified it and do not ratify the revised convention.

Art. 16. The French and English texts of this convention are equally authentic.