Work Conventions - Approval - Full Text Of The Norm

Original Language Title: TRABAJO CONVENCIONES - APROBACION - Texto completo de la norma

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LEY N° 14.329

Various conventions adopted by the International Labour Conference are adopted.

Sanctioned: Sept. 2-1954

Promulgated: Sept. 24-1954

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:

Seventh Meeting (Geneva, 1925);

Nro. 20: Night work in bakeries;

Nineteenth-seventh meeting (Geneva, 1933):

Nro. 35: Old age insurance (industry, etc.);

Nro. 36: Old age insurance (agriculture);

From the twenty-first meeting (Geneva, 1936):

Nro. 53: Certificates of capacity for merchant marine officers;

From the twenty-second meeting (Geneva, 1936):

Nro. 58: Minimum age (marine labour);

From the twenty-eighth meeting (Seattle, 1946):

Nro. 71: Seafarers ' pensions;

Nro. 73: Medical examination of seafarers;

From the twenty-ninth meeting (Montreal, 1946):

Nro. 77: Medical examination of minors (industry);

Nro. 78: Medical examination of minors (non-industrial labour);

Nro. 79: Night work of minors (non-industrial labour);

From the thirtieth meeting (Geneva, 1947):

Nro. 81: Labour Inspectorate.

ARTICLE 2°- Contact the Executive.

Given in the meeting room of the Argentine Congress in Buenos Aires, 2 September 1954.

A. TEISAIRE A. J. BENITEZ
Alberto H. Reales
Eduardo T. Oliver

-Registered under No. 14.329-


CONVENTION 20

Convention on Night Work in Bakeries

The General Conference of the International Labour Organization;

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 concerning night work in the bakery, which constitutes the fourth point on the agenda of the meeting, and

After having decided that such proposals should review the form of an international convention, it adopts, on 8 June, one hundred and twenty-five, the following convention, which may be cited as the convention on night work (panadria), 1925, and which shall be submitted to the ratification of the members of the International Labour Organization, in accordance with the provisions of the Constitution of the International Labour Organization.

Art. 1 - 1. Subject to the exceptions provided for in the provisions of this Convention, the manufacture of bread, pastry or similar flour products is prohibited at night.

2. This prohibition applies to the work of all persons, both employers and workers, who participate in such manufacture, but it does not concern the home manufacturing of individuals of the same family for their personal consumption.

3. This agreement does not apply to the manufacture of wholesale cookies. Each member may, after consultation with the workers’ and employers’ organizations, determine the products that, for the purposes of this agreement, should be considered “galetas”.

Art. 2° - For the purposes of this convention, the term “night” means a period of seven consecutive hours, at least. The beginning and end of this period shall be determined by the competent authorities of each country, after consultation with the interested organizations of employers and workers, and that period shall include the interval between 11 a.m. and 5 a.m. When the weather or the station warrants or prior agreement between the organizations concerned of employers and workers, the interval between 11 o'clock at night and 5 o'clock in the morning between 10 o'clock at night and 4 o'clock in the morning may be replaced.

Art. 3° - The competent authorities of each country, after consultation with the organizations concerned of employers and workers, may grant the following exceptions to the provisions of article. 1:

(a) The permanent exceptions necessary for the execution of preparatory and supplementary work, provided that they are necessary outside the normal working hours and provided that the number of workers employed in such work is strictly necessary and that young people under the age of eighteen are not involved in them;

(b) The necessary permanent exceptions given the particular conditions of the bakery industry in tropical countries;

(c) The permanent exceptions necessary to guarantee weekly rest:

(d) Temporary exceptions necessary to enable companies to address extraordinary increases in work, or national needs.

Art. 4° - Exceptions may also be admitted to the provisions of the article. 1 in case of accident or serious danger of accident, when urgent work should be carried out in the machines or in the installations, or in case of force majeure, but only in the necessary way to avoid a serious disturbance in the normal functioning of the company.

Art. 5° - Any member ratifying the present convention shall take appropriate measures to ensure, by the most appropriate means, the effective implementation of the prohibition provided for in article 1 and facilitate the cooperation of employers and workers, as well as that of their respective organizations, in accordance with the recommendation adopted by the International Labour Conference at its fifth meeting (1923).

Art. 6° - The provisions of this convention shall not enter into force until 1 January 1927.

Art. 7° - The formal ratifications of this convention, in accordance with the conditions established by the Constitution of the International Labour Organization, the general rector of the International Labour Office.

Art. 8° - 1. This agreement shall enter into force on the date on which the ratifications of two members of the International Labour Organization have been registered by the Director-General.

2. It shall only oblige members whose ratification has been registered with the International Labour Office.

3. Subsequently, this agreement shall enter into force, for each member, on the date when its ratification has been registered with the International Labour Office.

Art. 9°- As soon as the ratifications of two members of the International Labour Organization have been registered with the International Labour Office, the Director-General of the Office 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. 10- Any member of the International Labour Organization ratifying the present convention is obliged to apply it in its colonies, possessions or protectorates, in accordance with the provisions of article. 35 of the Constitution of the International Labour Organization.

Art. 11- Any member who has ratified this agreement may denounce it at the expiration of a period of ten years, from the date on which it was initially put into force, by means of a record communicated, for registration, to the Director General of the International Labour Office. The complaint shall not take effect until one year after the date of registration at the International Labour Office.

Art. 12 - At least once every 10 years, the Governing Council of the International Labour Office shall present to the General Conference a report on the implementation of this convention, and shall consider the desirability of including in the agenda of the Conference the question of the revision or modification of the Convention.

Art. 13 - The English and French versions of the text of this convention are equally authentic.

CONVENTION 35

Convention on Compulsory old-age insurance for employees in industrial and commercial enterprises, in liberal professions, at home and in domestic service

The General Conference of the International Labour Organization;

Convened in Geneva by the Governing Council of the International Labour Office, and assembled in that city on 8 June 1933 at its seventeenth meeting.

After having decided to adopt various propositions relating to compulsory old-age insurance, which is covered by the second item of the day of the meeting, and

After having decided that such proposals review the form of an international convention, it adopts, on the twenty-nineth of June, one hundred and thirty-three, the following agreement, which may be cited as the agreement on old age insurance (industry, etc.,) 1933, and which shall be submitted to the ratification of the members of the International Labour Organization, in accordance with the provisions of the Constitution of the International Labour Organization:

Art. 1- Any member of the International Labour Organization ratifying this convention is obliged to establish or maintain compulsory old-age insurance in conditions, at least equivalent to those provided for in this convention.

Art. 2°- I. Compulsory old-age insurance shall apply to workers, employees and apprentices of agricultural enterprises, and to domestic workers who are at the personal service of agricultural employers.

II. However, each member may establish in his or her national legislation the exceptions he or she deems necessary as regards:

(a) Workers whose remuneration exceeds a specified limit and where the law does not provide this general exception to employees who exercise professions commonly regarded as liberal professions;

(b) Non-metallic workers;

(c) Young workers, minors under a given age, and workers who, when they first begin to work, are too old to enter insurance;

(d) Home workers whose working conditions cannot be assimilated to other employees;

(e) Members of the employer ' s family;

(f) Workers who, because they are engaged in short-term jobs, are unable to meet the conditions required for the granting of benefits and those who only perform paid work on an occasional or accessory basis;

(g) Invalid workers and holders of an invalidity or old age pension;

(h) Retired staff performing wage work and persons who enjoy a private income, where retirement or income is at least equal to the old-age pension provided by national legislation;

(i) Workers who, during their studies, teach lessons or engage in paid work in order to acquire training to enable them to exercise their profession.

III. In addition, persons who, under a law, a regulation or a special statute, have or are entitled, in case of old age, to benefits of at least equivalent, as a whole, to those provided for in this Convention may be exempt from the obligation of insurance.

Art. 3°- The national legislation, under the conditions established by it, shall grant to former compulsory insured persons who have not attained the retirement age, at least one of the following rights: voluntary continuation of the insurance or maintenance of the rights by the regular payment of a special premium for this purpose, unless such rights are held on an ex officio basis or that, in the case of a married woman, the husband is granted, who is thus not subject to the obligation to a pension.

Art. 4°- The insured person shall have the right to an old-age pension at the age set by national legislation, which may not exceed the age of sixty-five years in the employee insurance schemes.

Art. 5°- The right of pension may be subject to the performance of a probationary period, which may involve the payment of a minimum number of contributions from income, insurance or for a specified period immediately preceding the risk.

Art. 6°- I. A insured person who ceases to be subject to the insurance obligation without having acquired the right to a benefit that constitutes the counterpart of the contributions paid in his or her account shall retain his or her rights with respect to such contributions.

II. However, national legislation may invalidate the rights in respect of contributions upon the expiration of the period of time when the insurance obligation ceases, which may be variable or fixed.

(a) The variable period shall not be less than one third of the entire period of contributions, which has been fulfilled since the income of the insurance, which shall be discounted for periods that have not resulted in contributions:

(b) The fixed term in no case shall be less than eighteen months, and the fees relating to the contributions may expire at the expiration of this period, unless before that expiration a minimum of contributions prescribed by the national legislation has been paid in the insured ' s account under compulsory insurance or continued voluntary insurance.

Art. 7°- I. The amount of the pension shall be determined on a basis, or irrespective of the anti-county in the insurance, and shall consist of a fixed amount, in a percentage of the insured salary, or in a variable amount according to the amount of the paid contributions.

II. When the pension varies according to the anti-county in the insurance, and its concession is subject to the performance of a probationary period, it shall include, in the absence of a guaranteed menimum, a fixed amount or part, independent of the anti-county in the insurance; when the award of the pension is not subject to the performance of a probation period, a guaranteed menimum may be set.

III. When the contributions are taxed according to the salary, the wage that has served as the basis for the contribution shall be taken into account in the calculation of the pension, whether or not it is variable according to the anti-county in the insurance.

Art. 8°- I. The right to benefits may expire, or be suspended in whole or in part, when the person concerned makes a fraud against the insurance company.

II. The pension may be suspended in full or in part:

(a) While the person concerned is employed subject to the obligation of insurance;

(b) While fully maintained at the expense of public funds;

(c) While enjoying another regular cash benefit, acquired under a compulsory social insurance law, pensions or compensation for work accident or occupational disease.

Art. 9°- I. Insured persons and their employers shall contribute to the establishment of insurance resources.

II. National legislation may exempt from the obligation to quote:

(a) Apprentices and young workers, under a given age;

(b) Workers who are not paid in cash or whose wages are very low;

(c) Workers at the service of an employer who pays contributions in the form of a somewhat uplifted worker regardless of the number of workers employed.

III. Employers ' contributions may not be provided for in the national insurance legislation whose field of application is not limited to employees.

IV. The public authorities shall participate in the establishment of the resources or benefits of the insurance that is established for the benefit of the workers or employees in general.

V. National legislation which does not require the payment of contributions by the insured persons in the adoption of this agreement may continue to require them from the obligation to quote.

Art. 10.- I. Insurance will be administered by institutions that do not persecute any profitable purpose, created by public authorities, or by public insurance boxes.

II. However, national legislation may also entrust the administration of insurance to institutions established on the initiative of stakeholders or their groups and duly recognized by the public authorities.

III. The assets of institutions and public insurance funds shall be administered separately from public funds.

IV. The representatives of the insured shall participate in the administration of the insurance institutions under the conditions established by the national legislation which may also have the participation of representatives of the employers and the public authorities.

V. The autonomous insurance institutions shall be subject to the financial and administrative supervision of the public authorities.

Art. 11.- I. In case of litigation of benefits, the insured person or his or her survivors shall be granted the right to appeal.

II. These disputes shall be submitted to special courts, consisting of judges, careers or not, which shall be well aware of the purpose of insurance and the needs of the insured, or who shall be assisted by counselors elected as representatives of the insured and employers.

III. In the event of a dispute concerning the linking of an employee to the insurance or the amount of the contributions, the right of recourse to the employee shall be recognized and, in the schemes establishing a employer's contribution, to his employer.

Art. 12.- I. Foreign wage earners shall be subject to the obligation of insurance and payment of contributions in the same conditions as nationals.

II. Foreign insured persons and their beneficiaries shall enjoy, under the same conditions as nationals, the benefits resulting from the contributions paid in their account.

III. Foreign insured persons and their beneficiaries if they are nationals of a member bound by this convention whose legislation is, therefore, the financial participation of the State in the establishment of the resources or insurance benefits, in accordance with article 9, shall also be entitled to the benefit of the grants, improvements and pension fractions awarded from the State funds.

IV. However, national legislation may reserve for nationals the right to subsidies, improvements or pension fractions payable with State funds and grantable exclusively to insured persons who exceed a certain age upon entry into force of compulsory insurance legislation.

V. Restrictions that may be established for cases of residence abroad shall not apply to pensioners and their beneficiaries who are nationals of one of the members bound by this agreement and reside in the territory of any such member, but to the extent that they apply to nationals of the State where the pension has been acquired. However, the benefits, improvements or pension fractions paid with State funds may be excluded from this rule.

Art. 13.- I. Employee insurance shall be governed by the applicable law in the employee ' s workplace.

II. For the benefit of the continuity of insurance, exceptions may be granted to this rule through an agreement between the members concerned.

Art. 14.- Any member may submit a special regime to border workers working in their territory and residing abroad.

Art. 15.- In countries without legislation on compulsory old-age insurance, upon entry into force of this agreement, any existing non-contributory pension system shall be deemed to be in compliance with the requirements of the convention if it guarantees an individual pension right under the conditions specified by the articles. 16 to 22.

Art. 16.- The pension shall be granted at the age set by national legislation, which shall not exceed sixty-five years.

Art. 17.- The right of pension may be conditioned on the residence of the applicant in the territory of the member for a period immediately prior to the application for a pension. This period to be set by national legislation may not exceed 10 years.

Art. 18.- I. The right of pension shall be recognized to any applicant whose annual resources do not exceed the limit set by national legislation, with due regard to the minimum cost of living.

II. For the assessment of the resources of the data subject, those that do not exceed the limit set by national legislation shall be exempt.

Art. 19.- The amount of the pension shall be set in an amount that, added to the resources that have not been exempted, is sufficient to meet at least the essential needs of the pensioner.

Art. 20. I. In the event of a dispute concerning the granting of a pension or the determination of its amount, an applicant shall be granted the right of appeal.

II. The appeal shall be within the competence of an authority other than that of first instance.

Art. 21.- I. Aliens who are nationals of any member bound by this convention shall enjoy the right to a pension under the same conditions as nationals.

II. However, a member ' s national legislation may subject a foreigner to the condition that he or she has resided in his or her territory for a period not exceeding five years of the period of residence for the nationals of that member.

Art. 22.- I. The right to a pension may expire, or be totally or partially suspended if the person concerned:

(a) He has been sentenced to imprisonment for a criminal act;

(b) It has obtained or attempted to obtain a pension fraudulently;

(c) He persistently refuses to earn a living through work consistent with his strength and skills.

II. The pension may be fully or partially suspended while the person concerned is fully kept at the expense of public funds.

Art. 23.- Subject to article V. 12, this agreement does not refer to the maintenance of the right of pension in the case of residence abroad.

Art. 24.- The formal ratifications of this convention, in accordance with the conditions established by the Constitution of the International Labour Organization, shall be communicated to the Director-General of the International Labour Office for registration.

Art. 25.- I. This agreement shall oblige only those members whose ratifications have been registered with the International Labour Office.

II. It will enter into force 12 months after the date on which the ratifications of two members of the International Labour Organization have been registered by the Director-General.

III. Since that time, this agreement will enter into force for each member, twelve months after the date of its ratification.

Art. 26.- As soon as the ratifications of two members of the International Labour Organization have been registered with the International Labour Office, the Director-General of the Office 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. 27.- I. Any member who has ratified this agreement may denounce it at the expiration of a period of ten years from the date on which it was initially put into force, by means of a record communicated to the Director General of the International Labour Office for registration. The complaint shall not take effect until one year after the date of registration at the International Labour Office.

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

Art. 28.- At the expiration of each ten-year period, from the date on which this agreement enters into force, the Governing Council of the International Labour Office shall present to the general conference a report on the implementation of this convention, and shall consider the desirability of including in the order of the day of the conference the question of the total or partial review thereof.

Art. 29.- I. In the event that the conference adopts a new convention involving a total or partial review of the present, and unless the new convention contains provisions to the contrary:

(a) The ratification by a member of the new review agreement will imply, "ipso jure", the immediate denunciation of this agreement, despite the provisions contained in article. 27, provided that the new revised convention has entered into force.

(b) From the date on which the new revised convention enters into force, this convention shall cease to be open to ratification by members.

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

Art. 30.- The English and French versions of the text of this convention are equally authentic.

CONVENTION 36

Convention on Compulsory old-age insurance for employees in agricultural enterprises

The General Conference of the International Labour Organization:

Convened in Geneva by the Governing Council of the International Labour Office, and assembled in that city on 8 June 1933 at its seventeenth meeting,

After having decided to adopt various proposals concerning compulsory old age insurance, which is covered by the second point of the day of the meeting, and

Having decided that such proposals should review the form of an international convention, it adopts, on the twenty-nineth of June, one hundred and thirty-three, the following convention, which may be cited as the agreement on old age insurance (agriculture), 1933, and which shall be submitted to the ratification of the members of the International Labour Organization, in accordance with the provisions of the Constitution of the International Labour Organization;

Art. 1- Any member of the International Labour Organization ratifying this convention is obliged to establish or maintain compulsory old-age insurance in conditions, at least equivalent to those provided for in this convention.

Art. 2°- I. Compulsory old-age insurance shall apply to workers, employees and apprentices of industrial enterprises, commercial enterprises and liberal professions, as well as homeworkers and domestic service.

II. However, each member may establish in his or her national legislation the exceptions he or she deems necessary as regards:

(a) Workers whose remuneration exceeds a specified limit and, where the law does not establish this general exception, employees who exercise professions commonly regarded as liberal professions;

(b) Non-metallic workers;

(c) Young workers, minors under a given age, and workers who, for the first time, begin to work, are too old to enter insurance;

(d) Home workers whose working conditions cannot be assimilated to other employees;

(e) Members of the employer ' s family;

(f) Workers who, because they are engaged in short-term jobs, are unable to meet the conditions required for the granting of benefits and those who only perform paid work on an occasional or accessory basis;

(g) Invalid workers and holders of an invalidity or old age pension;

(h) Retired staff performing wage work and persons who enjoy a private income, where retirement or income is at least equal to the old-age pension provided by national legislation;

(i) Workers who, during their studies, teach lessons or perform paid work in order to acquire training to enable them to exercise the profession of such studies;

(j) Domestic workers at the personal service of agricultural employers.

III. In addition, persons who, under a law, a regulation or a special statute, have or are entitled to, in the event of old age, benefits, at least equivalent to those provided for in this Convention, may be exempt from the obligation of insurance.

Art. 3rd- The national legislation, under the conditions specified by it, shall grant to former compulsory insured persons who have not attained the retirement age, one, at least, of the following rights: voluntary continuation of the insurance or maintenance of the rights through the regular payment of a special premium for this purpose, unless these rights are held on an ex officio basis or in the case of a married woman, the husband is granted, who is thus not subject to the obligation to a pension.

Art. 4°- The insured person shall have the right to an old-age pension at the age set by national legislation, which may not exceed the age of sixty-five years in the employee insurance schemes.

Art. 5°- The right of pension may be subject to the performance of a probationary period, which may involve the payment of a minimum number of contributions from the income of the insurance or during a specified period immediately preceding the risk.

Art. 6°- I. A insured person who ceases to be subject to the insurance obligation without having acquired the right to a benefit that constitutes the counterpart of the contributions paid in his or her account shall retain his or her rights with respect to such contributions.

II. However, national legislation may invalidate the rights in respect of contributions upon the expiration of the period of time when the insurance obligation ceases, which may be variable or fixed.

(a) The variable period shall not be less than one third of the total amount of the contributions that have been paid since the receipt of the insurance, which shall be discounted for periods that have not resulted in contributions;

(b) The fixed term in no case shall be less than eighteen months, and the fees relating to the contributions may expire at the expiration of this period, unless, before such expiration, a menimum of contributions, prescribed by national legislation has been paid in the account of the insured under compulsory insurance or continued voluntary insurance.

Art. 7°- I. The amount of the pension shall be determined on a basis, or irrespective of the anti-county in the insurance, and shall consist of a fixed amount, in a percentage of the insured salary, or in a variable amount according to the amount of the paid contributions.

II. When the pension varies according to the anti-county in the insurance, and its concession is subject to the performance of a probationary period, it must understand, in the absence of a guaranteed menimum, an amount or a fixed part, independent of the anti-county in the insurance when the award of the pension is not subject to the performance of a probation period, a guaranteed menimum may be set.

III. When the contributions are taxed according to the salary, the wage that has served as the basis for the contribution shall be taken into account in the calculation of the pension, whether or not it is variable according to the anti-county in the insurance.

Art. 8°- I. The right to benefits may expire, or be suspended in whole or in part, when the person concerned makes a fraud against the insurance company.

II. The pension may be suspended in full or in part:

(a) While the person concerned is employed subject to the obligation of insurance;

(b) While fully maintained at the expense of public funds;

(c) While enjoying another regular cash benefit, acquired under a compulsory social insurance law, pensions or compensation for work accident or occupational disease.

Art. 9I-I. Insured persons and their employers shall contribute to the establishment of insurance resources.

2. National legislation may exempt from the obligation to quote:

(a) Apprentices and young workers under a given age.

(b) Workers who are not paid in cash or whose wages are very low.

III. Employers ' contributions may not be provided for in the national insurance legislation whose field of application is not limited to employees.

IV. The public authorities shall participate in the establishment of the resources or benefits of the insurance that is established for the benefit of the workers or employees in general.

V. National legislation which does not require the payment of contributions by the insured persons in the adoption of this agreement may continue to require them from the obligation to quote.

Art. 10.- I. Insurance will be administered by institutions that do not persecute any profitable purpose, created by public authorities, or by public insurance boxes.

II. However, national legislation may also entrust the administration of insurance to institutions established on the initiative of stakeholders or their groups and duly recognized by the public authorities.

III. The assets of institutions and public insurance funds shall be administered separately from public funds.

IV. The representatives of the insured shall participate in the administration of the insurance institutions under the conditions established by national legislation, which may also have the participation of representatives of employers and public authorities.

V. The autonomous insurance institutions shall be subject to the financial and administrative supervision of the public authorities.

Art. 11.- I. In the event of litigation of benefits, the insured or his or her survivors shall be granted the right to appeal.

II. These disputes shall be submitted to special courts, consisting of judges, careers or not, which shall be well aware of the purpose of the insurance and the needs of the insured or who shall be assisted by counselors elected as representatives of the insured and employers.

III. In the event of a dispute concerning the linking of an employee to the insurance or the amount of the contributions, the right of recourse to the employee shall be recognized and, in the schemes establishing a employer's contribution, to his employer.

Art. 12.- I. Foreign wage earners shall be subject to the obligation of insurance and payment of contributions in the same conditions as nationals.

II. Foreign insured persons and their beneficiaries shall enjoy, under the same conditions as nationals, the benefits resulting from the contributions paid in their account.

III. Foreign insured persons and their beneficiaries if they are nationals of a member bound by this convention whose legislation is, therefore, the financial participation of the State in the establishment of the resources or insurance benefits, in accordance with article 9, shall also be entitled to the benefit of the grants, improvements or pension fractions awarded from the State funds.

IV. However, national legislation may reserve for nationals the right to subsidies, improvements or pension fractions, payable with State funds and grantable exclusively to insured persons exceeding a certain age upon entry into force of compulsory insurance legislation.

V. Restrictions that may be established for cases of residence abroad shall not apply to pensioners and their beneficiaries who are nationals of one of the members bound by this agreement and reside in the territory of any such member, but to the extent that they apply to nationals of the State where the pension has been acquired. However, the benefits, improvements or pension fractions paid with State funds may be excluded from this rule.

Art. 13.- I. Employee insurance shall be governed by the applicable law in the employee ' s workplace.

II. For the benefit of the continuity of insurance, exceptions to this rule may be admitted through an agreement between the members concerned.

Art. 14.- Any member may submit a special regime to border workers working in their territory and residing abroad.

Art. 15.- In countries without legislation on compulsory old-age insurance, upon entry into force of this agreement, any existing non-contributory pension system shall be deemed to be in compliance with the requirements of the convention if it guarantees an individual pension right under the conditions specified by the articles. 16 to 22.

Art. 16.- The pension shall be granted at the age set by national legislation, which shall not exceed sixty-five years.

Art. 17.- The right of pension may be conditioned on the residence of the applicant in the territory of the member for a period immediately prior to the application for a pension. This period, which shall be set by national legislation, shall not exceed 10 years.

Art. 18.- I. The right of pension shall be recognized to any applicant whose annual resources do not exceed the limit set by national legislation, with due regard to the minimum cost of living.

II. For the assessment of the resources of the data subject, those that do not exceed the limit set by national legislation shall be exempt.

Art. 19.- The amount of the pension shall be set in an amount that, added to the resources that have not been exempted, is sufficient to meet at least the essential needs of the pensioner.

Art. 20. I. In the event of a dispute concerning the granting of a pension or the determination of its amount, an applicant shall be granted the right of appeal.

II. The appeal shall be within the competence of an authority other than that of first instance.

Art. 21.- 1. Aliens who are nationals of any member bound by this convention shall enjoy the right to a pension under the same conditions as nationals.

II. However, a member ' s national legislation may subject a foreigner to the condition that he or she has resided in his or her territory for a period not exceeding five years of the period of residence for the nationals of that member.

Art. 22.- I. The right to a pension may expire, or be suspended in whole or in part, if the person concerned:

(a) He has been sentenced to imprisonment for a criminal act;

(b) It has obtained or attempted to obtain a pension fraudulently;

(c) He persistently refuses to earn a living through work consistent with his strength and skills.

II. The pension may be fully or partially suspended while the person concerned is fully kept at the expense of public funds.

Art. 23.- Subject to article 5, paragraph 5. 12, this agreement does not refer to the maintenance of the right of pension in the case of residence abroad.

Art. 24.- The formal ratifications of this convention, in accordance with the conditions established by the Constitution of the International Labour Organization, shall be communicated to the Director-General of the International Labour Office for registration.

Art. 25.- I. This agreement shall oblige only those members whose ratifications have been registered with the International Labour Office.

II. It will enter into force 12 months after the date on which the ratifications of two members of the International Labour Organization have been registered by the Director-General

III. Since that time, this agreement will enter into force for each member, twelve months after the date of its ratification.

Art. 26.- As soon as the ratifications of two members of the International Labour Organization have been registered with the International Labour Office, the Director-General of the Office shall notify all members of the Labour Organization. You will also notify them of the registration of ratifications communicated to you later by the other members of the organization.

Art. 27.- I. Any member who has ratified this agreement may denounce it at the expiration of a period of ten years from the date on which it has initially been put into force through a record communicated to the Director General of the International Labour Office for registration. The complaint shall not take effect until one year after the date of registration at the International Labour Office.

II. Any member who has ratified this agreement and who, within one year of the expiration of the ten-year period referred to in the preceding paragraph, does not make use of the right of denunciation provided for in this article shall be bound for a further 10-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. 28.- At the expiration of each ten-year period, from the date on which this agreement enters into force, the Governing Council of the International Labour Office shall present to the general conference a report on the implementation of this convention, and shall consider the desirability of including in the order of the day of the conference the question of the total or partial review thereof.

Art. 29.- I. In the event that the conference adopts a new convention involving a total or partial review of the present, and unless the new convention contains provisions to the contrary:

(a) The ratification by a member of the new review agreement will imply "ipso jure", the immediate denunciation of this agreement, despite the provisions contained in article. 27, provided that the new revised convention has entered into force;

(b) From the date on which the new revised convention enters into force, this convention shall cease to be open to ratification by members.

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

Art. 30.- The English and French versions of the text of this convention are equally authentic.


CONVENTION 53

Convention on the Menimum of Professional Capacity of Merchant Marines and Officials

The General Conference of the International Labour Organization:

Convened in Geneva by the Governing Council of the International Labour Office, and gathered in Geneva on 6 October 1936 at its twentieth meeting;

After having decided to adopt various proposals regarding the establishment, by each of the maritime countries, of a minimum of professional capacity required to the captains, bridge officers and machinists who perform the functions of chief of guard on board merchant ships, which is the fourth point of the agenda of the meeting, and

After having decided that such proposals review the form of an international agreement, it adopts, on October twenty-four, nine hundred and thirty-six, the following agreement, which may be cited as the agreement on the certificates of the capacity of officers, 1936:

Art. 1- 1. This agreement applies to all vessels registered in a territory where this agreement is in force and dedicated to maritime navigation, with the exception of:

(a) Warships;

(b) State vessels and vessels serving a public administration that are not intended for commercial purposes;

(c) The wooden ships, of primitive construction, such as the "dhows" and the reeds.

2. National legislation may exempt or exempt vessels whose gross tonnage is less than 200 tons.

Art. 2°- For the purposes of this convention, the following terms should be interpreted as follows:

(a) "Captain or skipper" means any person in charge of the command of a ship;

(b) "Office of the bridge in charge of the guard" means any person, except the practical ones, who is in fact responsible for the navigation or manoeuvres of a ship;

c) "Primer maquinista" means any person who directs in a permanent way the service that ensures the mechanical propulsion of a ship;

d) "Machinist in charge of the guard" means any person who is in fact responsible for the march of the propellants of a ship.

Art. 3°- 1. No one may exercise or be hired to carry out on board a ship to which the present agreement applies the functions of a captain or skipper, of a bridge officer in charge of the guard, of first machinist or of a machinist in charge of the guard, if he does not have a certificate that proves his capacity for the exercise of these functions, issued or approved by the public authority of the territory where the vessel is registered.

2. No exception shall be allowed to the provisions of this article, except in the case of force majeure.

Art. 4°- 1. No one may receive a certificate of capacity:

(a) If it has not reached the minimum age required to obtain this certificate;

(b) If your professional experience has not reached the menimum required to obtain this certificate;

(c) If it has not approved the examinations organized and monitored by the competent authority, in order to ascertain whether it has the qualification to perform the functions of the certificate to which it aspires.

2. National legislation shall:

(a) To establish the minimum age and professional experience to be required for candidates seeking each of the categories of certificates of capacity;

(b) To provide the organization and monitoring of one or more examinations by the competent authority in order to ascertain whether candidates who aspire to the certificates of capacity possess the required aptitude for the performance of the functions of the certificate to which they aspire.

3. Any member of the organization may, for a period of three years, from the date of its ratification, issue certificates of capacity to persons who have not conducted the reviews organized under paragraph 2 (b) of this article provided that:

(a) These persons have in fact sufficient practical experience for the performance of the function for the certificate in question;

(b) These persons have not been charged with any serious technical fault.

Art. 5°- 1. Any member ratifying this convention shall ensure its effective implementation through an effective inspection system.

2. National legislation should provide for cases where a member ' s authorities may detain vessels registered in their territory that have violated the provisions of this convention.

3. When the authorities of a member who has ratified the present agreement verify a violation of its provisions in a vessel registered in the territory of another member, which has also ratified it, they shall notify the consul of the member in whose territory the vessel is registered.

Art. 6°- 1. National legislation should establish criminal or disciplinary penalties for cases of violation of the provisions of this convention.

2. These criminal or disciplinary sanctions shall be established primarily against:

(a) The shipper, his agent, captain or employer who hires a person who does not possess the certificate required by this agreement;

(b) The captain or pattern that allows one of the functions defined in art. 2 of this agreement to a person who does not possess a certificate that corresponds, at least, to that function;

(c) Persons who obtain fraud or false documentation a contract to perform one of the functions defined in art. 2 of this agreement, without the certificate required for this purpose.

Art. 7°- 1. Regarding the territories mentioned in art. 35 of the Constitution of the International Labour Organization, any member of the organization ratifying this convention shall annex to its ratification a declaration stating:

(a) Territories for which the provisions of the Convention are bound to be implemented without modification;

(b) The territories for which the provisions of the convention are required to be applied with modifications, together with the details of such modifications;

(c) The territories for which the convention and the reasons for which it is inapplicable are inapplicable;

(d) The Territories to which it reserves its decision.

2. The obligations referred to in paragraph 1 (a) and (b) of this article shall be considered an integral part of the ratification and shall have the same effect.

3. A member may, in whole or in part, waive, by means of a new statement, any reservation made in his first statement under paragraph 1 (b), (c) or (d) of this article.

Art. 8°- The formal ratifications of this convention shall be communicated to the Director-General of the International Labour Office for registration.

Art. 9°- 1. This agreement shall oblige only those members of the International Labour Organization whose ratifications have been registered by the Director General.

2. It will enter into force 12 months after the date on which the ratifications of two members have been registered by the Director General.

3. Since that time, this agreement will 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, the Director-General of the Office shall notify all members of the International Labour Organization. You will also notify them of the registration of ratifications communicated to you later by the other members of the organization.

Art. 11.- 1. Any member who has ratified this agreement may denounce it at the expiration of a period of ten years, from the date on which it was initially put into force, by means of a record communicated to the Director General of the International Labour Office for registration. The complaint shall not take effect until one year after the date of registration.

2. Any member who has ratified this agreement and who, within one year of the expiration of the ten-year period referred to in the preceding paragraph, does not make use of the right of denunciation provided for in the article shall be bound for a new period of ten years, and thereafter may 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, from the date on which this agreement enters into force, the Governing Council of the International Labour Office shall submit to the general conference a report on the implementation of this convention, and shall consider the desirability of including in the order of the day of the conference the question of the total or partial review thereof.

Art. 13.- 1. In the event that the conference adopts a new convention involving a total or partial review of the present, and unless the new convention contains provisions to the contrary:

(a) The ratification by a member of the new review agreement will imply, "ipso jure", the immediate denunciation of this agreement, despite the provisions contained in article. 11. provided that the new revised convention has entered into force;

(b) From the date on which the new revised convention enters into force, this convention shall cease to be open to ratification by members.

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

Art. 14.- The English and French versions of the text of this convention are equally authentic.

CONVENTION 58

Convention establishing the minimum age for admission of children to maritime work (revised in 1936)

The General Conference of the International Labour Organization:

Convened in Geneva by the Governing Council of the International Labour Office, and assembled in that city on 22 October 1936 at its twenty-second meeting;

After having decided to adopt a number of proposals concerning the revision of the convention establishing the minimum age for admission of children to maritime work, adopted by the conference at its second meeting, a matter registered on the agenda of the present meeting, and

Considering that these proposals must be in the form of an international convention, it adopts, on October twenty-four, one hundred and thirty-six, the following agreement, which may be cited as the (revised) agreement on the minimum age (marine labour), 1936:

Art. 1- For the purposes of this convention, the term "good" includes all ships or ships, whatever their class, of public or private property, which are devoted to maritime navigation, except for warships.

Art. 2°- I. Children under the age of fifteen may not provide services on board any ship, except for those vessels where only members of the same family are employed.

II. However, national legislation may authorize the delivery of certificates to enable children aged fourteen, at least, to be employed when a school authority or other appropriate authority, designated by national legislation, ensures that this employment is suitable for the child, after having properly considered his or her health and physical condition, as well as the future and immediate benefits that employment may provide.

Art. 3rd- The provisions of article 2 shall not apply to the work of children in school vessels, provided that the public authority approves and monitors such work.

Art. 4°- In order to permit the control of the application of the provisions of this agreement, any captain or employer shall carry a registration or a list of the crew, where all persons under the age of sixteen are mentioned on board and where the date of their birth is indicated.

Art. 5°- This convention shall not enter into force until after the adoption, by the International Labour Conference, of an agreement to review the agreement establishing the minimum age
for admission of children to industrial work, 1919, and an agreement to review the agreement on the age of admission of children to non-industrial work, 1932.

Art. 6°- The formal ratifications of this convention shall be communicated to the Director-General of the International Labour Office for registration.

Art. 7°- I. This agreement shall oblige only those members of the International Labour Organization whose ratifications have been registered by the Director General.

II. It shall enter into force, subject to the provisions of article 5, twelve months after the date on which the ratifications of two members were registered by the Director-General.

III. Since that time, this agreement will enter into force for each member, twelve months after the date of its ratification.

Art. 8°- As soon as the ratifications of two members of the International Labour Organization have been registered, the Director-General of the Office shall notify all members of the International Labour Organization. You will also notify them of the registration of ratifications communicated to you later by the other members of the organization.

Art. 9°- I. Any member who has ratified this agreement may denounce it at the expiration of a period of ten years, from the date on which it was initially put into force, by means of a record communicated to the Director General of the International Labour Office for registration. The complaint shall not take effect until one year after the date of registration at the International Labour Office.

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

Art. 10.- At the expiration of each ten-year period, from the date on which this agreement enters into force, the Governing Council of the International Labour Office shall present to the general conference a report on the implementation of this convention, and shall consider the desirability of including in the order of the day of the conference the question of the total or partial review thereof.

Art. 11.- I. In the event that the conference adopts a new convention involving a total or partial review of the present, and unless the new convention contains provisions to the contrary:

(a) The ratification, by a member, of the new review convention shall mean, "ipso jure", the immediate denunciation of this convention, notwithstanding the provisions contained in article 9, provided that the new review agreement has entered into force;

(b) From the date on which the new revised convention enters into force, this convention shall cease to be open to ratification by members.

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

Art. 12.- The English and French versions of the text of this convention are equally authentic.

CONVENTION 71

Convention on the Pension of the Sea

The General Conference of the International Labour Organization:

Convened in Seattle by the Governing Council of the International Labour Office, and assembled in that city on 6 June 1946 at its twentieth meeting;

After having decided to adopt various proposals concerning the pensions of the seafarers, a matter that is included in the second point of the agenda of the meeting, and

After having decided that such proposals review the form of an international convention, it adopts, on the twenty-eight of June, nine hundred and forty-six, the following agreement, which may be cited as the agreement on the pensions of the seafarers, 1946:

Art. 1- In this agreement, the term "seaker" includes all persons working on board or at the service of any ship engaged in maritime navigation, with the exception of warships, which are registered in a territory for which this agreement is in force.

Art. 2°- 1. Any member of the International Labour Organization, for which this agreement is in force, shall establish or maintain, in accordance with its national legislation, a pension scheme for seafarers who withdraw from the maritime service.

2. The regime may include the exceptions that the member deems necessary with respect to:

(a) Persons employed on board or at the service of:

(i) Ships belonging to a public authority where they are not intended for trade;

(ii) Ships not intended for the transport of goods or passengers for commercial purposes;

(iii) Fishing boats;

(iv) Boats dedicated to seal hunting;

(v) Ships whose gross tonnage of registration is less than 200 tons;

(vi) Barco of primitive construction wood, such as the "dhows" and the Junks; and

(vii) In India, for a period not exceeding five years from the date on which India ' s ratification of this agreement is registered, ships engaged in the capturing whose gross tonnage of registration does not exceed 300 tons;

(b) Members of the family of the shipowner;

(c) Practices other than crew members;

(d) Persons employed on board or at the service of a ship on behalf of an employer other than the shipowner, with the exception of radio and radio officers, radio operators and anchor staff;

(e) Persons employed in ports that are not usually employed in the sea;

(f) Employees serving a national public authority, entitled to equal benefits as a whole, at least those prescribed in this convention;

(g) Persons who do not receive remuneration for their services or do not have but a salary or nominal salary, or those who are paid exclusively with a share in the profits;

(h) Persons who work exclusively on their own;

(i) Persons employed on board or in the service of ships dedicated to whale fishing, the industrial transformation of the products of this fishing or the transport with it related, or employed in any other work of whale fishing or in similar operations, under the conditions regulated by the provisions of a collective contract on whale fishing or a similar agreement concluded by an organization of interested seafarers, which determines the rates of wages, working hours and other conditions;

(j) Persons who do not reside in the territory of the member;

(k) Persons who are not nationals of the member ' s country.

Art. 3°- 1. The regime must comply with one of the following conditions:

(a) Pensions provided by the scheme:

(i) Seafarers who have served a certain period of service at sea shall be paid upon reaching the age of fifty-five or sixty years, as determined by the regime; and

(ii) They shall not be of a lower amount including in the same any other social security pension accrued simultaneously by the pensioner, at 1.5 per cent, for each year of service at sea, of the remuneration on whose basis they have been paid, on their behalf, the contributions of that year, if the regime prescribes pensions from the age of fifty-five, or of a level less than two per cent, in the case of a scheme that prescribes pensions at sixty years;

(b) The scheme shall provide for pensions whose financing, together with that of any other social security pension simultaneously accrued by the pensioner and that of any social security benefit accrued by the persons in charge of the deceased pensioner (such as those defined by national law), requires premiums from all sources, whose value is not less than 10 per cent of the total remuneration, on the basis of which the contributions required by the regime are paid.

2. Seafarers, collectively, should not contribute to more than half of the cost of pensions paid under the regime.

Art. 4°- 1. The regime should include appropriate provisions for the maintenance of the existing rights of persons who cease to be subject to such a regime, or for the payment of such persons of a benefit that constitutes the counterpart of the credits in its account.

2. The regime should provide for the right of appeal in case of litigation in respect of its application.

3. The regime may provide for the total oparial deprivation or suspension of the right to a pension if the person concerned has acted fraudulently.

4. Shipowners and seafarers who contribute to the cost of pensions paid under the regime shall have the right to participate, through representatives, in the administration of the regime.

Art. 5°- The formal ratifications of this convention shall be communicated to the Director-General of the International Labour Office for registration.

Art. 6°- 1. This agreement shall oblige only those members of the International Labour Organization whose ratifications have been registered by the Director General.

2. It will enter into force six months after the date of ratifications of five of the following countries: Argentina, Australia, Belgium, Brazil, Canada, Chile, China, Denmark, Finland, France, Greece, India, Ireland, Italy, Netherlands, Norway, Poland, Portugal, Sweden, Turkey and Yugoslavia, with the understanding that at least three out of five countries will have a gross record of at least one million. This provision is included in order to facilitate and encourage the early ratification of the convention by member States.

3. Since that time, this agreement will enter into force for each member six months after the date of its ratification.

Art. 7°- 1. Any member who has ratified this agreement may denounce it at the expiration of a period of ten years, from the date on which it was initially put into force, by means of a record communicated to the Director General of the International Labour Office for registration. The complaint shall not take effect until one year after the date of registration.

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

Art. 8°- 1. The Director-General of the International Labour Office shall notify all members of the International Labour Organization of how many ratifications and complaints are communicated to the members of the organization.

2. In notifying the members of the organization of the registration of the last ratification necessary for the entry into force of the convention, the Director-General shall draw the attention of the members of the organization on the date of entry into force of this convention.

Art. 9. - The Director-General of the International Labour Office shall communicate to the Secretary-General of the United Nations for the purposes of registration and in accordance with art. 102 of the Charter of the United Nations, complete information on all ratifications and indictments it has recorded in accordance with the preceding articles.

Art. 10.- At the expiration of each ten-year period, from the date on which this agreement enters into force, the Governing Council of the International Labour Office shall submit to the general conference a report on the implementation of this convention, and shall consider the desirability of including in the order of the day of the conference the question of the total or partial review thereof.

Art. 11.- 1. In the event that the conference adopts a new convention involving a total or partial review of the present, and unless the new convention contains provisions to the contrary:

(a) The ratification, by a member, of the new review agreement will imply "ipso jure", the immediate denunciation of this agreement, despite the provisions contained in article 7, provided that the new review agreement has entered into force;

(b) From the date on which the new revised convention enters into force, this convention shall cease to be open to ratification by members.

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

Art. 12.- The English and French versions of the text of this convention are equally authentic.

CONVENTION 73

Convention on the Medical Examination of Seafarers

The General Conference of the International Labour Organization;

Convened in Seattle by the Governing Council of the International Labour Office, and assembled in that city on 6 June 1946 at its twentieth meeting;

After having decided to adopt a number of proposals concerning the medical examination of seafarers, which is covered by the fifth point of order of the meeting, and

After having decided that such proposals review the form of an international convention, it adopts, on the twenty-nineth of June, nine hundred and forty-six, the following agreement, which may be cited as the convention on the medical examination of the seafarers, 1946.

Art. 1- I. This agreement applies to any ship engaged in maritime, public or private navigation, intended for commercial purposes for the transport of goods or passengers and registered in a territory for which this agreement is in force.

II. National legislation will determine in which cases a ship is deemed to be engaged in maritime navigation.

III. This agreement does not apply to:

(a) Ships whose gross tonnage of registration is less than 200 tons;

(b) Primitive wooden ships, such as the "dhows" and the reeds;

(c) Fishing boats;

(d) Ships dedicated to navigation in estuaries.

Art. 2°- Without prejudice to the measures that should be taken to ensure that the persons mentioned below are in good health and do not constitute any danger to the health of the other persons on board, this agreement applies to any person who performs any function, on board a ship, except:

(a) The practice not a member of the crew;

(b) Persons employed on board by an employer other than the shipper, except for officers or radio operators serving a X-ray company;

(c) Shippers other than crew members;

(d) Persons employed in ports that are not usually employed at sea.

Art. 3°- No person to whom the present agreement applies may be employed on board a ship to which this agreement applies, if he does not have a certificate that proves his physical fitness for maritime work in which he or she is to be employed signed by a doctor, or in the event of a certificate that is held only in sight, by a person authorized by the competent authority to issue such certificate.

However, during the two years following the entry into force of this convention in the territory in question, any person who proves to have been employed for a considerable period of time, in the preceding two years, may be recruited into a ship devoted to maritime navigation and to which the present convention applies.

Art. 4°- I. The competent authority, after consultation with the interested organizations of shipowners and seafarers, shall determine the nature of the medical examination to be performed and the indications to be noted in the medical certificate.

II. When the nature of the examination is determined, the age of the person to be examined and the kind of work to be done shall be taken into account.

III. The medical certificate should include:

(a) That the person ' s ear and sight are satisfactory and, in the case of a person who is to be employed in the bridge service (exception made of a certain specialized staff whose aptitude for the work to be done cannot be diminished by daltonism), that his perception of colours is also satisfactory;

(b) That the person concerned does not suffer any illness that may be aggravated by service at sea, which incapacitates him to perform such service, or which may constitute a danger to the health of other persons on board.

Art. 5°- I. The medical certificate shall be valid for a period not exceeding two years from the date on which it was issued.

II. As far as the hearing is concerned, the certificate shall be valid for a period not exceeding six years from the date on which it was issued.

III. If the period of validity of the certificate expires during a journey, the certificate will remain valid until the end of the certificate.

Art. 6°- I. In urgent cases, the competent authority may authorize the employment of a person, for a single journey, without having fulfilled the requirements of the preceding articles.

II. In such cases, conditions of employment must be the same as those of seafarers of the same category who possess a medical certificate.

III. In no case may it be considered an employment authorized under this article as a pre-employment for the purposes of art. 3.

Art. 7°- The competent authority may allow the medical certificate to submit a test, as determined, that the certificate has been delivered.

Art. 8°- Provision should be made for the person who has been denied a certificate after being examined to be able to request another recognition by one or more medical arbitrators who are independent of any shipowner or organization of shipowners or seafarers.

Art. 9°- The competent authority, after consultation with the organizations of shipowners and seafarers, may be freed from any of its functions under this convention, by delegating all or part of the work in an organization or authority that performs similar functions with respect to seafarers in general.

Art. 10.- The formal ratifications of this convention shall be communicated to the Director-General of the International Labour Office for registration.

Art. 11.- I. This agreement shall oblige only those members of the International Labour Organization whose ratifications have been registered by the Director General.

II. It will enter into force six months after the date of ratifications of seven of the following countries: Argentina, Australia, Belgium, Brazil, Canada, Chile, China, Denmark, Finland, France, Greece, India, Ireland, Italy, Netherlands, Norway, Poland, Portugal, Sweden, Turkey and Yugoslavia, with the understanding that at least four of these seven countries will have a gross record of at least one of these seven countries.

This provision is included in order to facilitate and encourage the early ratification of the convention by member States.

III. Since that time, this agreement will enter into force for each member, six months after the date of its ratification.

Art. 12.- I. Any member who has ratified this agreement may denounce it at the expiration of a period of ten years, from the date on which it was initially put into force, by means of a record communicated to the Director General of the International Labour Office for registration. The complaint shall not take effect until one year after the date of registration.

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

Art. 13.- I. The Director-General of the International Labour Office shall notify all members of the International Labour Organization of how many ratifications and complaints are communicated to the members of the organization.

II. In notifying the members of the organization of the registration of the last ratification necessary for the entry into force of the convention, the Director-General shall draw the attention of the members of the organization on the date of entry into force of this convention.

Art. 14.- The Director-General of the International Labour Office shall communicate to the Secretary-General of the United Nations for the purposes of registration and in accordance with art. 102 of the Charter of the United Nations complete information on all ratifications and complaint records recorded in accordance with the preceding articles.

Art. 15.- At the expiration of each period of ten years, from the date on which this agreement enters into force the Governing Council of the International Labour Office shall present to the general conference a report on the implementation of this convention, and shall consider the desirability of including in the order of the day of the conference the question of the total or partial review of the agreement.

Art. 16.- I. In the event that the conference adopts a new convention involving a full or partial review of the present and unless the new convention contains provisions to the contrary:

(a) The ratification by a member of the new review agreement will imply, "ipso jure", the immediate denunciation of this agreement, despite the provisions contained in article. 12, provided that the new revised convention has entered into force;

(b) From the date on which the new revised convention enters into force, this convention shall cease to be open to ratification by members.

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

Art. 17.- The English and French versions of the text of this convention are equally authentic.

CONVENTION 77

Convention on the Medical Examination of Child Labour in the Industry

The General Conference of the International Labour Organization:

Convened in Montreal by the Governing Council of the International Labour Office, and assembled in that city on 19 September 1946 at its twentieth meeting;

After having decided to adopt a number of proposals regarding the medical examination of aptitude for the employment of minors in the industry, an issue that is included in the third point of the agenda of the meeting, and

After having decided that such proposals review the form of an international convention, it adopts, on October 9, a thousand nine hundred and forty-six, the following agreement, which may be cited as the convention on the medical examination of minors (industry), 1946:

Part I - General provisions

Art. 1- I. This agreement applies to minors employed or working in industrial, public or private enterprises, or in connection with their operation.

II. For the purposes of this convention, they are considered "industrial enterprises", mainly:

(a) Mines, quarries and extractive industries of any kind;

(b) Companies in which products are manufactured, modified, cleaned, repaired, adorned, finished, prepared for sale, destroyed or demolished, or in which the materials are transformed, including companies dedicated to the construction of ships or to the production, transformation and transmission of electricity or any kind of driving force;

(c) Construction and civil engineering companies, including construction, repair, maintenance, modification and demolition;

(d) The transport companies of persons or goods by road, rail, lower water or airway, including the handling of goods at the docks, boats, warehouses or airports.

III. The competent authority shall determine the demarcation line between industry, on the one hand, and agriculture, trade and other non-industrial work on the other.

Art. 2°- I. Persons under the age of eighteen may not be admitted to employment in industrial enterprises, unless after a thorough medical examination they have been declared fit for work in which they will be employed.

II. The medical examination of aptitude for employment shall be carried out by a qualified physician, recognized by the competent authority, and must be attended by a medical certificate, or by annotation inscribed in the employment permit or in the work card.

III. A document that proves the fitness for employment may:

(a) To prescribe specific conditions of employment;

(b) To be sent for a particular job or for a group of jobs or occupations that involve similar health risks and that have been classified into a group by the authority responsible for implementing the legislation on the medical examination of fitness for employment.

IV. The national law shall determine the competent authority to issue the document that proves the aptitude for employment and shall define the conditions to be observed to extend and deliver it.

Art. 3rd- I. The aptitude of minors, for their employment, must be subject to medical inspection until they have reached the age of eighteen years.

II. Continuous employment of a person under the age of eighteen should be subject to repetition of the medical examination at intervals not exceeding one year.

III. National legislation shall:

(a) Determine the special circumstances in which, in addition to the annual review, the medical examination should be repeated or performed more frequently, in order to ensure effective monitoring of the risks posed by the work and the health status of the minor as disclosed by previous reviews; or

(b) To enable the competent authority to require repetition of the medical examination in exceptional cases.

Art. 4°- I. With regard to work involving high health risks, a medical examination of job skills and periodic repetition should be required up to the age of twenty-one at a minimum.

II. National legislation shall determine the work or working categories in which a medical examination of fitness shall be required up to the minimum age of twenty-one, or shall empower an appropriate authority to determine them.

Art. 5°- Medical examinations required by the above articles shall not incur any expense to minors or their parents.

Art. 6°- I. The competent authority shall provide appropriate measures for the professional orientation and physical and professional rehabilitation of minors to whom the medical examination has revealed ineptitude for certain types of work, anomalies or deficiencies.

II. The competent authority shall determine the nature and scope of such measures; for this purpose, a collaboration should be established between labour services, medical services, education services and social services and an effective link between these services should be maintained to implement these measures.

III. National legislation may provide that minors whose employment skills have not been clearly recognized are given:

(a) Temporary work permits or medical certificates, valid for a limited period of time, to which the young worker shall be subjected to further examination;

(b) permits or certificates imposing special working conditions.

Art. 7°- I. The employer shall file, and maintain at the disposal of the labour inspectors, the medical certificate of aptitude for employment, or the work permit or tent that proves that there is no medical objection to employment, in accordance with the provisions of national legislation.

II. National legislation will determine the other monitoring methods to be adopted to ensure the strict application of this convention.

Part II - Special arrangements for certain countries

Art. 8°- I. Where a member ' s territory comprises vast regions in which, due to the dissemination of the population or the status of its economic development, the competent authority deems it impracticable to apply the provisions of this convention, such authority may exempt such regions from the application of the convention, in a general manner or with the exceptions it deems appropriate for certain enterprises or certain jobs.

II. Any member shall indicate in the first annual report on the implementation of this convention, to be submitted under the article. 22 of the Constitution of the International Labour Organization, any region for which the provisions of this article are proposed to be invoked except with respect to the regions thus indicated.

III. Any member who invokes the provisions of this article shall indicate, in subsequent annual memoirs, the regions for which he waives the right to invoke such provisions.

Art. 9°- I. A member who, prior to the date on which he has adopted legislation to ratify this Convention, does not have legislation on the medical examination of aptitude for the employment of minors in the industry may, by means of a declaration annexed to its ratification, replace the age of eighteen years prescribed by art. 2 and 3, for an age below eighteen years, but in no case less than sixteen, and the age of twenty-one, prescribed by art. 4, for an age below twenty-one, but in no case less than nineteen.

II. Any member who has made such a statement may cancel it at any time through a subsequent declaration.

III. Any member for whom a declaration made pursuant to paragraph 1 of this article is in force shall, in the subsequent annual memoirs on the implementation of this convention, indicate the extent of any progress towards the full implementation of the provisions of the Convention.

Art. 10.- I. The provisions of Part I of this Convention apply to India, subject to the amendments established by this Article:

(a) These provisions apply to all territories where the legislature of India has jurisdiction to implement them;

(b) They will be considered "industrial enterprises":

(i) The factories, according to their definition of the Indian factory law (Indian Factories Act);

(ii) The mines, according to the definition established by the Indian Mines Act (Indian Mines Act);

(iii) Railways; and

(iv) All jobs covered by the 1938 Act on the employment of children;

(c) Art. 2 and 3 apply to persons under 16 years of age;

(d) In Article 4, the words "nine years" shall replace the words "never years";

(e) Article I and II. 6 do not apply to India.

II. The provisions of paragraph I of this article may be amended in accordance with the following procedure:

(a) The International Labour Conference may, at any meeting at which the matter appears on the agenda, adopt by a two-thirds majority, draft amendments to paragraph 1 of this article;

(b) These draft amendments shall be submitted within one year or, in the course of exceptional circumstances, within eighteen months of the closure of the meeting of the conference, to the competent authority or authorities of India for the adoption of the relevant laws or other measures;

(c) If India obtains the consent of the authority or the competent authorities, it shall communicate the formal ratification of the amendment, for registration, to the Director-General of the International Labour Office;

(d) Once the draft amendment by India has been ratified, it shall enter into force as an amendment to this convention.

Part III - Final provisions

Art. 11.- None of the provisions of this convention shall in any way undermine the laws, judgments, customs or agreements between employers and workers that guarantee conditions more favourable than those prescribed in this convention.

Art. 12.- The formal ratifications of this convention shall be communicated to the Director-General of the International Labour Office for registration.

Art. 13.- I. This agreement shall oblige only those members of the International Labour Organization whose ratifications have been registered by the Director General.

II. It will enter into force 12 months after the date on which the ratifications of two members have been registered by the Director General.

III. Since that time, this agreement will enter into force for each member, twelve months after the date of its ratification.

Art. 14.- I. Any member who has ratified this agreement may denounce it at the expiration of a period of ten years, from the date on which it was initially put into force, by means of a record communicated to the Director General of the International Labour Office for registration.

The complaint shall not take effect until one year after the date of registration.

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

Art. 15.- I. The Director-General of the International Labour Office shall notify all members of the International Labour Organization of how many ratifications and complaints are communicated to the members of the organization.

II. In notifying the members of the organization of the registration of the second ratification communicated to it, the Director-General shall draw the attention of the members of the organization on the date on which the present convention shall enter into force.

Art. 16.- The Director-General of the International Labour Office shall communicate to the Secretary-General of the United Nations for the purposes of registration and in accordance with art. 102 of the Charter of the United Nations, complete information on all ratifications and indictments it has recorded in accordance with the preceding articles.

Art. 17.- At the expiration of each ten-year period, from the date on which this agreement enters into force, the Governing Council of the International Labour Office shall present to the general conference a report on the implementation of this convention, and shall consider the desirability of including in the order of the day of the conference the question of the total or partial review thereof.

Art. 18.- I. In the event that the conference adopts a new convention involving a total or partial review of the present, and unless the new convention contains provisions to the contrary:

(a) The ratification by a member of the new review agreement will imply, "ipso jure", the immediate denunciation of this agreement, despite the provisions contained in article. 14. provided that the new revised convention has entered into force;

(b) From the date on which the new revised convention enters into force, this convention shall cease to be open to ratification by members.

II. This agreement will, in any case, continue in its current form and content for members who have ratified it and do not ratify the revised convention.

Art. 19.- The English and French versions of the text of this convention are equally authentic.

CONVENTION 78

Convention on the Medical Examination of Applicability for the Use of Juveniles in Non-Industrial Work

The General Conference of the International Labour Organization;

Convened in Montreal by the Governing Council of the International Labour Office, and assembled in that city on 19 September 1946 at its twentieth meeting;

After having decided to adopt a number of proposals concerning the medical examination of aptitude for the employment of minors in non-industrial work, which is included in the third point of order of the meeting, and

After having decided that such proposals review the form of an international convention, it adopts, on October 9, a thousand nine hundred and forty-six, the following agreement, which may be cited as the convention on the medical examination of minors (non-industrial labours), 1946:

Part I - General provisions

Art. 1- 1. This agreement applies to minors employed in non-industrial jobs that earn a salary or a direct or indirect gain.

2. For the purposes of this convention, the term "non-industrial labour" includes all work that is not considered by the competent authorities as industrial, agricultural or maritime.

3. The competent authority shall determine the demarcation line between non-industrial work, on the one hand, and industrial, agricultural or maritime work, on the other.

4. National legislation may exempt from the application of this agreement employment in jobs that are not considered hazardous to the health of minors, carried out in family enterprises where only parents and their children or pupils are employed.

Art. 2°- 1. Persons under the age of eighteen may not be admitted to work or employment in non-industrial occupations, unless after thorough medical examination they have been declared fit for the work in question.

2. The medical examination of aptitude for employment shall be carried out by a qualified physician, recognized by the competent authority, and must be attended by a medical certificate, or by annotation registered in the employment permit or in the work card.

3. A document that proves the fitness for employment may:

(a) To prescribe specific conditions of employment;

(b) To be sent for a particular job or for a group of jobs or occupations that involve similar health risks and that have been classified into a group by the authority responsible for implementing the legislation on the medical examination of fitness for employment.

4. The national law shall determine the competent authority to issue the document that proves the aptitude for employment and shall define the conditions to be observed to extend and deliver it.

Art. 3rd- 1. The aptitude of minors, for their employment, must be subject to medical inspection until they have reached the age of eighteen years.

2. Continuous employment of a person under the age of eighteen should be subject to repetition of the medical examination at intervals not exceeding one year.

3. National legislation shall:

(a) Determine the special circumstances in which, in addition to the annual review, the medical examination should be repeated or performed more frequently, in order to ensure effective monitoring of the risks posed by the work and the health status of the minor as disclosed by previous reviews; or

(b) To enable the competent authority to require repetition of the medical examination in exceptional cases.

Art. 4°- 1. With regard to work involving high health risks, a medical examination of job skills and periodic repetition should be required up to the age of twenty-one at a minimum.

2. National legislation shall determine the work or working categories in which a medical examination of fitness shall be required up to the age of twenty-one, at least or shall empower an appropriate authority to determine them.

Art. 5°- Medical examinations required by the above articles shall not incur any expense to minors or their parents.

Art. 6°- 1. The competent authority shall provide appropriate measures for the professional orientation and physical and professional rehabilitation of minors to whom the medical examination has revealed ineptitude for certain types of work, anomalies or deficiencies.

2. The competent authority shall determine the nature and scope of these measures; for this purpose, a collaboration should be established between labour services, medical services, education services and social services and an effective link between these services should be maintained to implement these measures.

3. National legislation may provide that minors whose employment skills have not been clearly recognized are given:

(a) Temporary work permits or medical certificates, valid for a limited period of time, to which the young worker shall be subjected to further examination;

(b) Permits or certificates imposing special working conditions.

Art. 7°- The employer shall file, and maintain at the disposal of the labour inspectors, the medical certificate of aptitude for employment, or the work permit or the work card that proves that there is no medical objection to employment, in accordance with the provisions of national legislation.

2. The legislation shall determine:

(a) The identification measures to be taken to ensure the application of the system of medical examinations of aptitude to children who are engaged, either on their own or on behalf of their parents, to street commerce or to any other work performed in the public or in a public place; and

(b) Any other monitoring methods to be adopted to ensure the strict application of this convention.

Part II - Special arrangements for certain countries

Art. 8°- 1. Where a member ' s territory comprises vast regions in which, due to the dissemination of the population or the status of its economic development, the competent authority deems it impracticable to apply the provisions of this convention, such authority may exempt such regions from the application of the convention, in a general manner or with the exceptions it deems appropriate for certain enterprises or certain jobs.

2. Any member shall indicate in the first annual report on the implementation of this convention, to be submitted under the article. 22 of the Constitution of the International Labour Organization, any region for which the provisions of this article are proposed to be invoked. No member may subsequently invoke the provisions of this article, except with respect to the regions thus indicated.

3. Any member who invokes the provisions of this article shall indicate, in subsequent annual memoirs, the regions for which he waives the right to invoke such provisions.

Art. 9°- 1. A member who, prior to the date on which he has adopted legislation to ratify this convention, does not have legislation on the medical examination of aptitude for the employment of minors in non-industrial work, may, by means of a declaration annexed to its ratification, replace the age of eighteen years prescribed by arts. 2 and 3, for an age below eighteen years, but in no case less than sixteen, and the age of twenty-one, prescribed by art. 4, for an age below twenty-one, but in no case less than nineteen.

2. Any member who has made such a statement may cancel it at any time through a subsequent declaration.

3. Any member for whom a declaration made pursuant to paragraph 1 of this article is in force shall indicate in the subsequent annual memoirs, on the implementation of this convention, the extent of any progress towards the full implementation of the provisions of the convention.

Part III - Final articles

Art. 10.- None of the provisions of this convention shall in any way undermine the laws, judgments, customs or agreements between employers and workers that guarantee conditions more favourable than those prescribed in this convention.

Art. 11.- The formal ratifications of this convention shall be communicated to the Director-General of the International Labour Office for registration.

Art. 12.- 1. This agreement shall oblige only those members of the International Labour Organization whose ratifications have been registered by the Director General.

2. It will enter into force 12 months after the date on which the ratifications of two members were registered by the Director General

3. Since that time, this agreement will enter into force for each member, twelve months after the date of its ratification.

Art. 13.- 1. Any member who has ratified this agreement may denounce it at the expiration of a period of ten years, from the date on which it was initially put into force, by means of a record communicated to the Director General of the International Labour Office for registration. The complaint shall not take effect until one year after the date of registration.

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

Art. 14.- 1. The Director-General of the International Labour Office shall notify all members of the International Labour Organization of how many ratifications and complaints are communicated to the members of the organization.

2. In notifying the members of the organization of the registration of the second ratification communicated to it, the Director-General shall draw the attention of the members of the organization on the date on which the present convention shall enter into force.

Art. 15.- The Director-General of the International Labour Office shall communicate to the Secretary-General of the United Nations for the purposes of registration and in accordance with art. 102 of the Charter of the United Nations, complete information on all ratifications, declarations and denunciation records recorded in accordance with the preceding articles.

Art. 16.- At the expiration of each ten-year period, from each date on which this agreement enters into force, the Governing Council of the International Labour Office shall submit to the general conference a report on the implementation of this convention and shall consider the desirability of including in the order of the day of the conference the question of the total or partial review thereof.

Art. 17.- 1. In the event that the conference adopts a new convention involving a total or partial review of the present, and unless the new convention contains provisions to the contrary:

(a) The ratification by a member of the new review agreement will imply, "ipso jure", the immediate denunciation of this agreement, despite the provisions contained in article. 13, provided that the new revised convention has entered into force;

(b) From the date on which the new revised convention enters into force, this convention shall cease to be open to ratification by members.

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

Art. 18.- The English and French versions of the text of this convention are equally authentic.

CONVENTION 79

Convention on the Limitation of Night Work of Children in Non-Industrial Work

The General Conference of the International Labour Organization,

Convened in Montreal by the Governing Council of the International Labour Office, and assembled in that city on 19 September 1946 at its twentieth meeting;

After having decided to adopt various proposals concerning the limitation of the night work of minors in non-industrial work, which is covered by the third item on the agenda of the meeting, and

After having decided that such proposals review the form of an international convention, it adopts, on October 9, a thousand nine hundred and forty-six, the following agreement, which may be cited as the convention on the night work of minors (non-industrial jobs), 1946:

Part I- General provisions

Art. 1- 1. This agreement applies to minors, employed in non-industrial work, who receive a direct or indirect salary or gain.

2. For the purposes of this convention, the term "non-industrial labour" includes all work that is not considered by the competent authorities as industrial, agricultural or maritime.

3. The competent authority shall determine the demarcation line between non-industrial work, on the one hand, and industrial, agricultural or maritime work, on the other.

4. National legislation may exempt from the application of this convention:

(a) Domestic service in a private home;

(b) Employment in jobs that are not considered harmful, harmful or dangerous to minors, performed in family enterprises where only parents and their children or pupils are employed.

Art. 2°- 1. Children under the age of fourteen who are admitted to full-time or part-time employment, and children over the age of fourteen who are still subject to full-time school obligation, may not be employed or may work at night, for a period of fourteen consecutive hours, at a minimum, which should include the interval between eight o'clock in the evening and eight o'clock in the morning.

2. However, national legislation, where local conditions require it, may replace this interval for another 12 hours, which may not begin after eight and thirty hours or end after six in the morning.

Art. 3°- 1. Children over the age of fourteen years who are not subject to full-time school obligation and children who have not attained eighteen years of age may not be employed or may work at night, for a period of twelve consecutive hours, at a minimum, which shall include the interval between 10 a.m. and 6 a.m.

2. However, when exceptional circumstances affect a particular branch of activity or a particular region, the competent authority, after consultation with the interested organizations of employers and workers, may decide that for minors employed in that branch of activity or in that region the interval between 10 o'clock in the evening and 6 o'clock in the morning will be replaced by the interval between 11 o'clock in the evening and 7 o'clock in the morning.

Art. 4°- 1. In countries where the climate makes daytime work singularly painful, the night period may be shorter than the one set in the preceding articles, provided that a compensatory rest is granted during the day.

2. The government may suspend the prohibition of night work, with regard to minors who have reached the age of sixteen, when in cases of particularly serious circumstances, the national interest so requires.

3. National legislation may entrust an appropriate authority with the authority to grant temporary individual permits, so that minors who have reached the age of sixteen may work at night, when special reasons for their vocational training so require. However, the daily rest period may not be less than eleven consecutive hours.

Art. 5°- 1. National legislation may entrust an appropriate authority with the power to grant individual permits, so that minors who have not attained eighteen years may be able to act as night performers of public shows, or participate, at night, as actors, in the production of film films.

2. National legislation shall determine the minimum age for which such permission may be obtained.

3. No permit may be granted when, because of the nature of the spectacle or of the film, or because of the conditions in which it is carried out, participation in the show or production of the film is dangerous for the life, health or morality of the minor.

4. The following conditions should be observed for the granting of permits:

(a) The period of employment may not continue after 12 p.m.;

(b) Strict measures should be taken to protect the health and morals of the minor, to ensure his good treatment and to prevent night employment from harming his instruction;

(c) The minor shall enjoy a period of 14 consecutive hours, at least.

Art. 6°- 1. In order to ensure the effective implementation of the provisions of this convention, national legislation shall:

(a) The establishment of an official system of inspection and monitoring suited to the various needs of the different branches of activity to which the agreement applies;

(b) To force each employer to register or to maintain, at the disposal of those who may apply, official documents indicating the name, date of birth and working hours of all persons under the age of eighteen employed by him. In the case of minors working in the public or in a public place, registration and documents should indicate the service schedule set by the employment contract;

(c) To formulate measures to ensure the identification and monitoring of persons under the age of eighteen who work on behalf of an employer or on their own behalf in an employment that is performed
in the public or in a public place;

(d) Provide penalties for employers and other adult persons who violate this legislation.

2. The annual memories to be presented, in accordance with the terms of art. 22 of the Constitution of the International Labour Organization shall contain complete information on the legislation implementing the provisions of this convention and, more particularly, information on:

(a) Any interval that has replaced the interval prescribed by article 2, paragraph 1, under the provisions of paragraph 2 of that article;

(b) The extent to which the provisions of article 2, paragraph 2, have been used. 3;

(c) The authorities entrusted with the authority to grant individual permits, in accordance with article 1, paragraph 1. 5 and the minimum age prescribed for obtaining permits, in accordance with paragraph 2 of the same article.

Part II- Special arrangements for certain countries

Art. 7°- 1. A member who, prior to the date on which he has adopted legislation to ratify the present Convention, does not have legislation limiting the night work of minors in non-industrial work may, by means of a declaration annexed to its ratification, replace the age of eighteen years, prescribed by art. 3, by an age below eighteen years, but in no case less than sixteen years.

2. Any member who has made such a statement may cancel it at any time through a subsequent statement.

3. Any member for whom a declaration made pursuant to paragraph 1 of this article is in force shall, in the subsequent annual memoirs on the implementation of this Convention, indicate the extent of any progress towards the full implementation of the provisions of the Convention.

Art. 8°- 1. The provisions of Part I of this Convention apply to India, subject to the amendments established by this Article:

(a) These provisions apply to all territories where the Indian Legislative Power has jurisdiction to apply them;

(b) The competent authority may exempt from the application of the agreement minors employed in companies where less than twenty persons work;

(c) Art. 2 of the Convention applies to children under the age of twelve who are admitted to full-time or part-time employment, and to children over the age of twelve who are subject to full-time school obligation;

(d) Art. 3 of the Convention applies to children over 12 years of age who are not subject to full-time school obligation, and to minors who have not reached the age of fifteen;

(e) Exceptions authorized in paragraphs 2 and 3 of art. 4 apply to minors who have reached the age of fourteen;

(f) Art. 5 applies to minors who have not reached the age of 15.

2. The provisions of paragraph 1 of this article may be amended in accordance with the following procedure:

(a) The International Labour Conference may at any meeting at which this issue appears on the agenda, adopt, by a two-thirds majority, draft amendments to paragraph 1 of this article;

(b) These draft amendments shall be submitted within one year or, in the course of exceptional circumstances, within eighteen months of the closure of the meeting of the conference, to the competent authority or authorities of India, for the adoption of the relevant laws or other measures;

(c) If India obtains the consent of the competent authority or authorities, it shall communicate the formal ratification of the amendment, for registration, to the Director-General of the International Labour Office;

(d) Once the draft amendment by India has been ratified, it shall enter into force as an amendment to this convention.

Part III - Final provisions

Art. 9°- None of the provisions of this convention shall in any way undermine the laws, judgments, customs or agreements between employers and workers that guarantee conditions more favourable than those prescribed in this convention.

Art. 10.- The formal ratifications of this convention shall be communicated to the Director-General of the International Labour Office for registration.

Art. 11.- 1. This agreement shall oblige only those members of the International Labour Organization whose ratifications have been registered by the Director General.

2. It will enter into force 12 months after the date on which the ratifications of two members have been registered by the Director General.

3. Since that time, this agreement will enter into force for each member, twelve months after the date of its ratification.

Art. 12.- 1. Any member who has ratified this agreement may denounce it at the expiration of a period of ten years, from the date on which it was initially put into force, by means of a record communicated to the Director General of the International Labour Office for registration. The complaint shall not take effect until one year after the date of registration.

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

Art. 13.- 1. The Director-General of the International Labour Office shall notify all members of the International Labour Organization of how many ratifications and complaints are communicated to the members of the organization.

2. In notifying the members of the organization of the registration of the second ratification communicated to it, the Director-General shall draw the attention of the members of the organization on the date on which the present convention shall enter into force.

Art. 14.- The Director-General of the International Labour Office shall communicate to the Secretary-General of the United Nations for the purposes of registration and in accordance with art. 102 of the Charter of the United Nations, complete information on all ratifications and records of complaints recorded in accordance with the preceding articles.

Art. 15.- At the expiration of each ten-year period, from the date on which this agreement enters into force, the Governing Council of the International Labour Office shall present to the general conference a report on the implementation of this convention, and shall consider the desirability of including in the order of the day of the conference the question of the total or partial review thereof.

Art. 16.- 1. In the event that the conference adopts a new convention involving a full or partial review of the present and unless the new convention contains provisions to the contrary:

(a) The ratification, by a member of the new review agreement, will imply, "ipso jure", the immediate denunciation of this agreement, despite the provisions contained in article. 12, provided that the new revised convention has entered into force;

(b) From the date on which the new revised convention enters into force, this convention shall cease to be open to ratification by members.

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

Art. 17.- The English and French versions of the text of this convention are equally authentic.


CONVENTION 81

Convention on the Inspection of Work in Industry and Trade
The General Conference of the International Labour Organization,

Convened in Geneva by the Governing Council of the International Labour Office, and assembled in that city on 19 June 1947 at its thirtieth meeting;

After having decided to adopt a number of proposals concerning the organization of labour inspection in industry and trade, which is the fourth item on the agenda of the meeting, and

After having decided that such proposals review the form of an international convention, it adopts, on July 11, a thousand nine hundred forty-seven, the following agreement, which may be cited as the labour inspection agreement, 1947:

Part I - Inspection of work in the industry

Art. 1- Any member of the International Labour Organization for which this Convention is in force shall maintain a system of labour inspection in industrial establishments.

Art. 2°- I. The labour inspection system in industrial establishments shall apply to all establishments in which labour inspectors are responsible for ensuring compliance with the legal provisions relating to the conditions of work and the protection of workers in the exercise of their profession.

II. National legislation may exempt from the application of this agreement mining and transport companies, or parts of such companies.

Art. 3°- I. The inspection system will be responsible for:

(a) Ensure compliance with legal provisions relating to conditions of work and the protection of workers in the exercise of their profession, such as provisions on working hours, wages, safety, health and well-being, employment of minors and other related provisions, to the extent that labour inspectors are responsible for ensuring compliance with such provisions.

(b) Provide technical information and advise employers and workers on how best to comply with legal provisions;

(c) To inform the competent authority of deficiencies or abuses that are not specifically covered by existing legal provisions.

II. No other role entrusted to labour inspectors shall hinder the effective performance of their principal functions or in any way impair the authority and impartiality that inspectors need in their relations with employers and workers.

Art. 4°- I. Wherever consistent with the member ' s administrative practice, the inspection of the work must be under the supervision and control of a central authority.

II. In the case of a federal state, the term "central authority" may mean a federal authority or a central authority of a confederate entity.

Art. 5°- The competent authority shall take appropriate measures to encourage:

(a) The effective cooperation of inspection services with other governmental services and with public or private institutions that carry out similar activities;

(b) The collaboration of inspection officials with employers and workers or their organizations.

Art. 6°- Inspection personnel shall be composed of public officials whose legal status and conditions of service guarantee them stability in their employment and independ on government changes and any undue foreign influence.

Art. 7°- I. Subject to the conditions under which national legislation is subject to the recruitment of public officials, the labour inspectors shall be recruited to take into account only the candidate ' s ability to perform their duties.

II. The competent authority shall determine how to verify such skills.

III. The labour inspectors shall be provided with adequate training for the performance of their duties.

Art. 8°- Women and men shall be equally eligible to be part of the inspection staff, and, where necessary, special duties shall be assigned to inspectors and inspectors, respectively.

Art. 9°- Any member shall provide the necessary measures to ensure the cooperation of duly qualified experts and technicians among those who are specialists in medicine, engineering, electricity and chemistry, in the inspection service according to the methods that are deemed most appropriate to national conditions in order to ensure compliance with the legal provisions concerning the protection of the health and safety of workers in the exercise of their profession, and to investigate the effects of the procedures used in the materials and the methods of work.

Art. 10.- The number of labour inspectors shall be sufficient to ensure the effective performance of the functions of the inspection service, and shall be determined with due regard:

(a) The importance of the functions of inspectors, particularly:

(i) The number, nature, importance and status of facilities subject to inspection;

(ii) Number and categories of workers employed in such establishments;

(iii) The number and complexity of the legal provisions to be enforced;

(b) The material means made available to the inspectors; and

(c) The practical conditions under which inspection visits should be conducted to ensure that they are effective.

Art. 11.- I. The competent authority shall take the necessary measures to provide labour inspectors:

(a) Appropriately equipped local offices, given the needs of the service, and accessible to all interested persons;

(b) The transportation facilities necessary for the performance of its functions, if there are no appropriate public facilities.

II. The competent authority shall take the necessary measures to reimburse labour inspectors for any unforeseen expenses and any transportation costs that may be necessary for the performance of their duties.

Art. 12.- I. The labour inspectors who duly credit their identity shall be authorized:

(a) To enter freely and without prior notice, at any time of day or night, in any facility subject to inspection;

(b) To enter every day in any place, when they have a reasonable reason to assume that he is subject to inspection; and

(c) To proceed with any evidence, investigation or examination deemed necessary to ensure that the legal provisions are strictly observed and, in particular:

(i) To interrogate the employer or the company ' s staff only or before witnesses on any matter concerning the application of the legal provisions;

(ii) To require the submission of books, records or other documents that the national legislation relating to the conditions of work orders to carry, in order to verify that they are in accordance with the legal provisions, and to obtain copies or extracts thereof;

(iii) To require the placement of notices requiring legal provisions;

(iv) To take or remove samples of substances and materials used or manipulated in the establishment, for the purpose of analysing them, provided that the employer or his representative is notified that the substances or materials have been taken or taken out for that purpose.

II. In conducting an inspection visit, the inspector must notify the employer or his representative of his presence, unless he considers that such notification may prejudice the success of his or her functions.

Art. 13.- I. The labour inspectors shall be empowered to take measures to eliminate the defects observed in the installation, assembly or working methods which, according to them, constitute a reasonable danger to the health or safety of the workers.

II. In order to enable such measures to be taken, labour inspectors shall be empowered, subject to any judicial or administrative remedy which may prescribe national legislation to order or order:

(a) Amendments to the facility, within a specified time limit, which are necessary to ensure compliance with the legal provisions relating to the health or safety of workers; or
(b) Immediate implementation measures, in the event of an imminent danger to the health or safety of workers.

III. Where the procedure prescribed in paragraph II is not consistent with the member ' s administrative or judicial practice, the inspectors shall have the right to address the competent authority to order or take immediate enforcement measures.

Art. 14.- Inspection of work should be notified in cases and in the manner determined by national legislation, accidents of work and cases of occupational disease.

Art. 15.- Subject to exceptions established by national legislation:

(a) Labour inspectors shall be prohibited from having any direct or indirect interest in enterprises under their supervision;

(b) The labour inspectors shall be obliged, subject to appropriate penalties or disciplinary measures, not to disclose, even after leaving the service, commercial or manufacturing secrets or production methods that they may have known in the performance of their duties;

(c) The labour inspectors should consider the origin of any complaint that makes them known a defect or a violation of the legal provisions, and shall not disclose to the employer or his representative that the inspection visit has been made because it has been received.

Art. 16.- Establishments should be inspected as often and as necessary to ensure the effective implementation of the relevant legal provisions.

Art. 17.- I. Persons who violate the legal provisions, for which the labour inspectors comply, or those who show negligence in the observation of the labour inspectors, shall be immediately, without notice, subject to judicial proceedings. However, national legislation may establish exceptions, for cases in which notice should be given, in order to remedy the situation or take preventive measures.

II. The labour inspectors shall have the discretion to warn and advise, instead of initiating or recommending a procedure.

Art. 18.- National legislation should prescribe appropriate criminal penalties, which should be effectively applied in cases of violations of the legal provisions by which the labour inspectors are satisfied, and in cases where labour inspectors are obstructed in the performance of their duties.

Art. 19.- I. Work inspectors or local inspection offices, as appropriate, shall be required to submit periodic reports to the central inspection authority on the results of their activities.

II. These reports shall be drafted in the manner prescribed by the central authority, shall deal with matters deemed relevant by that authority and shall be submitted at least with the frequency determined by the central authority and, in any case, at intervals not exceeding one year.

Art. 20. I. The central inspection authority will publish an annual report of a general nature on the work of the inspection services under its control.

II. These reports will be issued within a reasonable period of time, which in no case may exceed 12 months of the end of the year referred to.

III. Copies of annual reports will be forwarded to the Director-General of the International Labour Office, within a reasonable period of time after publication, which in no case may exceed three months.

Art. 21.- The annual report issued by the central inspection authority shall deal with the following issues, as well as with any other matters compelling such authority:

(a) Legislation relevant to the functions of the labour inspection service;

(b) Staff of the labour inspection service;

(c) Statistics of facilities subject to inspection and number of workers employed in such establishments;

(d) Statistics of inspection visits;

(e) Statistics of violations committed and sanctions imposed;

(f) Employment accident statistics;

(g) Statistics of occupational diseases;

Part II- Inspection of work in trade

Art. 22.- Any member of the International Labour Organization for which the present convention is in force shall maintain a system of labour inspection in commercial establishments.

Art. 23.- The labour inspection system in commercial establishments shall apply to all establishments in which labour inspectors are responsible for ensuring compliance with the legal provisions relating to the conditions of work and the protection of workers in the exercise of their profession.

Art. 24.- The labour inspection system in commercial establishments shall observe the provisions of arts. 3-21 of this Convention, where applicable.

Part III- Miscellaneous provisions

Art. 25.- I. Any member of the International Labour Organization ratifying this convention may, through a declaration annexed to its ratification, exclude part II from its acceptance of the convention.

II. Any member who has made such a statement may, at any time, cancel it through a subsequent statement.

III. Any member for whom a declaration made pursuant to paragraph I of this article is in force shall, in the subsequent annual memoirs on the implementation of this convention, indicate the status of its legislation and its practice with respect to the provisions of part II of this convention, and the extent to which such provisions have been or are proposed to be implemented.

Art. 26.- In cases where there are doubts as to whether this agreement is applicable to an establishment or a party or to an establishment service, the matter will be resolved by the competent authority.

Art. 27.- In this agreement, the term "legal provisions" includes, in addition to legislation, arbitral awards and collective contracts to which the force of law is entrusted and for which the labour inspectors are satisfied.

Art. 28.- The annual memoirs to be presented under art. 22 of the Constitution of the International Labour Organization shall contain all information concerning the legislation giving effect to the provisions of this convention.

Art. 29.- I. Where a member ' s territory comprises vast regions in which, due to the dissemination of the population or the status of its economic development, the competent authority deems it impracticable to apply the provisions of this convention, such authority may exempt such regions from the application of the convention, in a general manner or with the exceptions it deems appropriate for certain enterprises or certain jobs.

II. Any member shall indicate in the first annual report on the implementation of this convention, to be submitted under the article. 22 of the Constitution of the International Labour Organization, any region in respect of which the provisions of this article are proposed to be invoked, and it shall express the reasons for its acceptance of those provisions. No member may subsequently invoke the provisions of this article, except with respect to the regions thus indicated.

III. Any member who invokes the provisions of this article shall indicate, in subsequent annual memoirs, the regions for which he waives the right to invoke such provisions.

Art. 30.- I. With regard to the territories mentioned in art. 35 of the Constitution of the International Labour Organization, as amended by the instrument of amendment to the Constitution of the International Labour Organization, 1946, except for the territories referred to in paragraphs IV and V of that article, as amended, any member of the organization ratifying the present convention shall communicate to the Director-General of the International Labour Office, as soon as possible after its ratification, a statement stating:

(a) Territories for which the provisions of the Convention are required to be implemented without modification;

(b) The territories for which the provisions of the convention are required to be applied with modifications, together with the details of such modifications;

(c) The territories for which the convention and the reasons for which it is inapplicable are inapplicable;

(d) The Territories to which it reserves its decision.

II. The obligations referred to in paragraph I (a) and (b) of this article shall be considered an integral part of the ratification and shall have the same effect.

III. A member may, in whole or in part, waive, by means of a new statement, any reservation made in his first statement under subparagraphs (b), (c) or (d) of paragraph I of this article.

IV. During the periods in which this agreement may be denounced, in accordance with the provisions of the article. 34, a member may communicate to the Director-General a statement amending, in any other respect, the terms of any previous declaration and indicating the situation in certain territories.

Art. 31.- I. Where the issues dealt with in the present convention are within the competence of the authorities of a non-metropolitan territory, the member responsible for the international relations of that territory, in accordance with the territorial Government, may communicate to the Director General of the International Labour Office a statement accepting, on behalf of the territory, the obligations of this convention.

II. A statement accepting the obligations of this convention may be communicated to the Director-General of the International Labour Office.

(a) Two or more members of the organization in respect of any territory under its common authority; or

(b) Any international authority responsible for the administration of any territory under the provisions of the Charter of the United Nations or any other provision in force in respect of that territory.

III. Statements communicated to the Director-General of the International Labour Office, in accordance with the preceding paragraphs of this article, should indicate whether the provisions of the convention shall be applied in or without modifications in the territory concerned; when the declaration indicates that the provisions of the convention shall be applied with modifications, it shall specify what such modifications consist.

IV. The member, members or the international authority concerned may, in whole or in part, waive the right to invoke a change in any previous statement.

V. During the periods in which this agreement may be denounced in accordance with the provisions of the article. 34, the member, members or the international authority concerned may communicate to the Director-General a statement amending in any other respect the terms of any previous declaration and indicating the status of implementation of the convention.

Part IV- Final provisions

Art. 32.- The formal ratifications of this convention shall be communicated to the Director-General of the International Labour Office for registration.

Art. 33.- I. This agreement shall oblige only those members of the International Labour Organization whose ratifications have been registered by the Director General.

II. It will enter into force 12 months after the date on which the ratifications of two members have been registered by the Director General.

III. Since that time, this agreement will enter into force for each member, twelve months after the date of its ratification.

Art. 34.- I. Any member who has ratified this agreement may denounce it at the expiration of a period of ten years, from the date on which it was initially put into force, by means of a record communicated to the Director General of the International Labour Office for registration. The complaint shall not take effect until one year after the date of registration.

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

Art. 35.- I. The Director-General of the International Labour Office shall notify all members of the International Labour Organization, the registration of any ratifications, declarations and complaints communicated to the members of the organization.

II. In notifying the members of the organization of the registration of the second ratification communicated to it, the Director-General shall draw the attention of the members of the organization on the date on which the present convention shall enter into force.

Art. 36.- The Director-General of the International Labour Office shall communicate to the Secretary-General of the United Nations for the purposes of registration and in accordance with art. 102 of the Charter of the United Nations, complete information on all ratifications, declarations and denunciation records recorded in accordance with the preceding articles.

Art. 37.- At the expiration of each ten-year period, from the date on which this agreement enters into force, the Governing Council of the International Labour Office shall present to the general conference a report on the implementation of this convention, and shall consider the desirability of including in the order of the day of the conference the question of the total or partial review thereof.

Art. 38.- I. In the event that the conference adopts a new convention involving a total or partial review of the present, and unless the new convention contains provisions to the contrary:

(a) The ratification, by a member, of the new review convention shall mean, "ipso jure", the immediate denunciation of this convention, notwithstanding the provisions contained in article 34, provided that the new review agreement has entered into force;

(b) From the date on which the new revised convention enters into force, it shall cease to be open to ratification by members.

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

Art. 39.- The English and French versions of the text of this convention are equally authentic.