Posted the: 2012-10-11 Numac: 2011015136 FEDERAL Foreign Affairs, external trade and development COOPERATION PUBLIC SERVICE May 23, 1989. -Law approving Convention No. 150 concerning labour administration: role, functions and organisation, adopted at Geneva on 26 June 1978 by the International Labour Conference at its sixty-fourth session (1) (2) ALBERT II, King of the Belgians, to all, present and future, hi.
The Chambers have adopted and we endorse the following: Article 1. This Act regulates a matter referred to in article 77 of the Constitution.
2. the Convention No. 150 concerning labour administration: role, functions and organisation, adopted at Geneva on 26 June 1978 by the International Labour Conference at its sixty-fourth session, will release its full effect promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given in Brussels on 23 May 1989.
By King BAUDOUIN: Foreign Minister L. TINDEMANS. the Minister of employment and labour, L. VAN DEN BRANDE sealed with the seal of the State: the Minister of Justice, Mr WATHELET _ Notes (1) Session 1988-1989.
Room: Documents: Bill filed on September 5, 1988, no. 559/1.
Report made on behalf of the Commission 559/2.
Parliamentary Annals: Discussion, meeting of December 19, 1988.
Vote, meeting of December 20, 1988.
Senate: Session 1988-1989.
Documents: Transmission 20 December 1988.
Discussion, meeting of March 7, 1989.
Vote, meeting of March 8, 1989.
(2) see Decree of the Flemish community / the Flemish Region of 19 March 2004 (Moniteur belge of 3 May 2004), Decree of the French community of 22 December 1997 (Moniteur belge of 15 August 1998), Decree of the German-speaking community of 22 November 2010 (Moniteur belge of 10 December 2010 - ed. 2), Decree of the Walloon Region from July 20, 2011 (Moniteur belge of 8 August 2011 + August 9, 2011) order of the Brussels-Capital Region from June 11, 1998 (Moniteur belge of 12 August 1998).
Convention No. 150 concerning labour administration: role, functions and organisation, adopted at Geneva on 26 June 1978 by the International Conference of labour at its sixty-fourth session the General Conference of the International Labour Organization convened at Geneva by the governing body of the international labour office, and having met in its sixty-fourth session on 7 June 1978;
Recalling the terms of the international conventions and recommendations of the existing work - including the convention on the labour inspection, 1947, of the convention on the the labour inspection (agriculture), 1969, and of the convention on the employment service, 1948, that require the implementation of specific activities under the labour administration;
Whereas it is desirable to adopt instruments formulating guidelines for the system of administration of the work as a whole;
Recalling the terms of the convention on the policy of employment, 1964, and of the convention on the development of human resources, 1975. Recalling also the goal of full employment properly paid, and convinced of the need to adopt a policy of the labour administration which is of a nature to allow the pursuit of this objective and to give effect to the purposes of the said conventions;
Recognizing the need to fully respect the autonomy of organizations of employers and workers; Recalling in this regard the terms of the conventions and existing international labour recommendations which guarantee freedom and Trade Union and organization and collective bargaining rights, particularly the convention on freedom of Association and protection of the right to organise, 1948, and the convention on the right to organise and collective bargaining Convention, 1949, and which prohibit all acts of interference by public authorities likely to limit these rights or impede the lawful exercise; Considering also that employers ' and workers ' organizations play an essential role in the pursuit of the objectives of economic, social and cultural progress;
Having decided to adopt certain proposals concerning labour administration: role, functions and organisation, which is the fourth item on the agenda of the session;
Having determined that these proposals shall take the form of an international convention, adopts, this twenty-sixth day of June one thousand nine hundred seventy-eight, the following convention, which will be referred to as Convention on the administration of labour, 1978: Article 1 for the purposes of this convention: a) "labour administration" shall mean the activities of the public administration in the field of national labour policy;
(b) the terms "labour administration system" are all organs of administration public or officials responsible for the administration of the work - be it ministerial departments or public agencies, including parastatal organizations and regional or local authorities or any other decentralised form of administration - as well as any institutional structure established to coordinate the activities of these bodies and to ensure the consultation and participation of employers workers and their organizations.
Article 2 each Member which ratifies this convention may delegate or entrust, by virtue of legislation or national practice, certain activities of administration of work to non-governmental organizations, including organizations of employers and workers, or - if necessary - to representatives of employers and workers.
Article 3 each Member which ratifies this convention may consider certain activities falling within its national policy work, as part of the issues that the legislation or national practice, are regulated by the recourse to direct negotiations between employers ' and workers ' organizations.
Article 4 each Member which ratifies this convention shall, appropriately to the national conditions, make sure that a labour administration system should be organized and works effectively on its territory, and that the tasks and responsibilities assigned to him are properly coordinated.
Article 5(1). Each Member which ratifies this convention shall make arrangements appropriate to national to ensure conditions, in the context of the system of labour administration, consultation, cooperation and negotiations between the public authorities and the most representative organizations of employers and workers, or - if any - representatives of employers and workers.
2. to the extent that this is consistent with the legislation and national practice, these provisions must be taken at the national, regional and local levels and the various sectors of economic activity.
Article 6 1. The competent bodies within the system of labour administration should, as appropriate, be responsible for the preparation, the implementation of the coordination, control and evaluation of the national labour policy, or participate in each of these phases, and be, in the context of public administration, instruments the preparation and enforcement of legislation that embodies the.
2. they must inter alia, taking into account international standards relevant work: has) participate in the preparation, implementation, coordination, control and assessment of national employment policy as laid down by the legislation and national practice;
b) study followed generally the situation of persons who have a job, as well as people who are without jobs or underemployed in the light of the legislation and practice relating to conditions of work, employment and professional life, draw attention to the inadequacies and abuses in this area and submit proposals on the means to address them;
(c) offer their services to employers and workers as well as their respective organizations, in situations permitted by legislation or national practice, promoting, at the national, regional and local levels as well as various sectors of economic activity, consultation and effective cooperation between the authorities and public bodies and employers ' and workers ' organizations as well as between these organizations;
d) respond to requests for technical advice from employers and workers and their respective organizations.
Article 7 if the national conditions require it to meet the needs of the widest possible number of workers, and insofar as such activities are not yet insured, each Member which ratifies this convention shall promote the appropriate progressive extension of the functions of the system of labour administration to include activities that will be carried out in collaboration with other relevant bodies and which will concern the conditions of work and life Professional categories of workers who, in the eyes of the law, are not employees, including: a) farmers using no outside help, sharecroppers and similar categories of agricultural workers;
b) self-employed workers with no outside help, occupied in
the informal sector as understood in national practice;
c) cooperators and workers in self-managed enterprises;
(d) persons working within a framework established by custom or community traditions).
Article 8 to the extent where national legislation and practice permit, the competent bodies within the system of labour administration should participate in the preparation of the national policy in the field of international relations of the work and the representation of the State in this area as well as in the preparation of the measures to be taken to this effect at the national level.
Article 9 ensuring appropriate coordination tasks and responsibilities of the labour administration system, in the manner determined in accordance with the legislation or national practice, the Ministry of labour or any other similar body must have the means to check that the parastatal bodies responsible for certain activities in the field of the administration of labour and regional or local bodies to which such activities would have been delegated act according to national legislation and meet the objectives that have been set.
Article 10 1. Staff assigned to the system of labour administration should be composed of people suitably qualified to perform the duties assigned to them, with access to the necessary training in the exercise of these functions and independent of improper external influences.
2. this personnel will benefit status, material resources and financial resources necessary for the efficient exercise of its functions.
Article 11 the formal ratifications of this convention shall be communicated to the Director-general of the international Bureau of labour and by him registered.
Article 12 1. This agreement shall bind the members of the International Labour Organization whose ratification will have been registered by the Director general.
2. it will enter into force 12 months after the ratifications of two members are registered by the Director-general.
3. Subsequently, this convention shall enter into force for each Member twelve months after the date where its ratification has been registered.
Article 13 1. Any Member that has ratified this convention may denounce on the expiry of a period of ten years after the date of the initial implementation of the convention, by an act communicated to the Director-general of the international labour office and by him registered. The denunciation will take effect a year after having been registered.
2. any Member that has ratified this Agreement who, within the period of one year after the expiry of the period of ten years mentioned in the preceding paragraph, will not make use of the option of denunciation provided for in this article will be bound to a new period of ten years and, thereafter, may denounce this convention at the expiration of each period of ten years under the conditions laid down in this article.
Article 14 1. The Director general of the international labour office shall notify all members of the International Labour Organization of the registration of all ratifications and denunciations that will be communicated to him by the members of the organization.
2. by notifying Members of the Organization to the registration of the second ratification which will have been communicated to him, the Director-general will draw the attention of the members of the Organization on the date on which this convention enters into force.
Article 15 the Director general of the international labour office shall communicate to the Secretary-General of the United Nations, for registration in accordance with article 102 of the Charter of the Nations United, complete information about all ratifications and acts of denunciation that it will be registered in accordance with the preceding articles.
Article 16 each time that it deems necessary, the governing body of the international labour office will present to the General Conference a report on the implementation of this convention and will consider whether it is appropriate to include in the agenda of the Conference the question of its revision in whole or in part.
Article 17 1. A_le_cas_ou the Conference adopt a new convention on the total or partial revision of this convention, and unless the new convention otherwise provides: a) the ratification by a member of the new revising convention would of right, notwithstanding article 13 above, involve the immediate denunciation of this convention, provided that the new revising convention is in force;
(b) from the date of the entry into force of the new revising convention, this convention would cease to be open to ratification by the members.
2. the convention would remain in force in its form and content for the members which have ratified it but have not ratified the revising convention.
Article 18 the French and English versions of the text of this convention are equally authentic.
Convention No. 150 concerning labour administration: role, functions and organisation, adopted at Geneva on 26 June 1978 EtatsDate authentificationType of consentementDate Consentemententree in local force Africa of South undetermined Albania Ratification24/200224 07/07/2003 Algeria Ratification26/01/198426/01/1985 Germany Ratification26/02/198126/02/1982 Andorra undetermined ANGOLA undetermined ANTIGUA and BARBUDA Ratification16/09/200216/09/2003 Saudi Arabia undetermined Argentina Ratification20/02/200420/02/2005 Armenia Ratification18/05/200518/05/2006 Australia Ratification10/09/198510/09. 1986 Austria unknown Azerbaijan indeterminate BAHAMAS indeterminate Bahrain indeterminate BANGLADESH indeterminate Barbados indeterminate BELARUS Ratification15/09/199315/09/1994 Belgium Ratification21/10/201121/10/2012 BELIZE Ratification06/03/200006/03/2001 BENIN Ratification11/06/200111/06/2002 Bermuda unknown Bhutan indeterminate Bolivia indeterminate BOTSWANA indeterminate Brazil indeterminate BRUNEI indeterminate Bulgaria indeterminate BURKINA FASO Ratification03/04/198003/04/1981 BURUNDI indeterminate Ratification23/08/199923/08/2000 Cameroon Cambodia indeterminate CANADA indeterminate Cape Verde (Islands) indeterminate indeterminate Chile China (REP. POPULAR) Ratification07/03/200207/03/2003 Cyprus Ratification06/07/198106/07/1982 Colombia Comoros indeterminate indeterminate CONGO (Republic) Ratification24/06/198624/06/1987 CONGO (REP. DEM.)
Ratification03/04/198703/04/1988 North Korea Ratification08/12/199708/12/1998 South Korea Costa Rica Ratification25/09/198425/09/1985 Côte d'Ivoire Croatia indeterminate indeterminate indeterminate CUBA Ratification29/12/198029/12/1981 Denmark Ratification05/06/198105/06/1982 DJIBOUTI indeterminate Dominican Republic Ratification15/06/199915/06/2000 DOMINIQUE Ratification26/07/200426/07/2005 Egypt Ratification05/12/199105/12/1992 EL SALVADOR Ratification02/02/200102/02/2002 UAE Ecuador indeterminate indeterminate Spain Ratification03/03/198203/03/1983
Estonia undetermined U.S. Ratification03/03/199503/03/1996 Ethiopia indeterminate Fiji indeterminate Finland Ratification25/02/198025/02/1981 FRANCE indeterminate GABON Ratification11/10/197911/10/1980 Georgia indeterminate GHANA Ratification27/05/198627/05/1987 Greece Ratification31/07/198531/07/1986 Granada indeterminate GUAM indeterminate GUATEMALA indeterminate Guinea Ratification08/06/198208/06/1983 Equatorial Guinea indeterminate GUINEA-BISSAU indeterminate Ratification10/01/198310/01/1984 French GUIANA GUYANA indeterminate HAITI indeterminate HONDURAS indeterminate Hungary indeterminate Solomon Islands indeterminate India indeterminate Indonesia indeterminate Iraq
Ratification10/07/198011/10/1980 IRAN indeterminate Ireland indeterminate Iceland indeterminate ISRAEL Ratification07/12/197911/10/1980 Italy Ratification28/02/198528/02/1986 Jamaica Ratification04/06/198404/06/1985 Japan indeterminate Jordan Ratification10/07/200310/07/2004 KENYA indeterminate Kyrgyzstan Ratification22/12/200322/12-2004 indeterminate Kuwait meeting indeterminate LAOS indeterminate LESOTHO Ratification14/06/200114/06/2002 Latvia Ratification08/03/199308/03/1994 Lebanon Ratification04/04/200504/04/2006 LIBERIA Ratification02/06/200302/06/2004 Libya indeterminate indeterminate LIECHTENSTEIN
Lithuania indeterminate LUXEMBOURG Ratification21/03/200121/03/2002 Macedonia (EX - REP. Yugoslav of) indeterminate MADAGASCAR indeterminate Malaysia indeterminate MALAWI Ratification19/11/199919/11/2000 MALDIVES indeterminate MALI Ratification23/01/200823/01/2009 Malta indeterminate Morocco Ratification03/04/200903/04/2010 MARTINIQUE indeterminate MAURICE Ratification05/04/200405/04/2005 Mauritania indeterminate Mexico Ratification10/02/198210/02/1983 Moldova Ratification10/11/200610/11/2007 MONACO indeterminate Mongolia indeterminate MOZAMBIQUE indeterminate MYANMAR (Burma) indeterminate Namibia Ratification28/06/199628/06/1997 NEPAL indeterminate NICARAGUA indeterminate NIGER indeterminate NIGERIA indeterminate Norway
Ratification19/03/198011/10/1980 New Caledonia indeterminate New Zealand indeterminate OMAN indeterminate Uganda indeterminate PAKISTAN indeterminate PANAMA indeterminate Papua New Guinea indeterminate PARAGUAY indeterminate Netherlands Ratification08/08/198011/10/1980 Peru indeterminate PHILIPPINES indeterminate Poland undetermined French Polynesia PORTUGAL Ratification09/01/198109/01/1982 QATAR indeterminate indeterminate Central African Ratification05/06/200605/06/2007 Romania Ratification04/11/200804/11/2009 UK Ratification19/03/198011/10/1980 Russia Ratification02/07/199802/07/1999 RWANDA Republic indeterminate San Marino Ratification19/04/198819/04/1989 SAINT VINCENT and Granada indeterminate SAINT-PIERRE and MIQUELON indeterminate Saint Lucia indeterminate SAMOA SAO indeterminate Western TOME and PRINCIPE indeterminate SENEGAL indeterminate SEYCHELLES Ratification23/11/199923/11/2000 SIERRA LEONE indeterminate Singapore indeterminate Slovakia indeterminate Somalia indeterminate Sudan indeterminate SRI LANKA indeterminate Sweden Ratification11/06/197911/10/1980 Switzerland Ratification03/03/198103/03/1982 SURINAM Ratification29/09/198129/09/1982 SWAZILAND indeterminate Syria indeterminate Tanzania indeterminate Chad unknown Czech REP.
Ratification09/10/200009/10/2001 Thailand indeterminate TOGO Ratification30/03/201230/03/2013 TONGA indeterminate TRINIDAD and TOBAGO Ratification17/08/200717/08/2008 Tunisia Ratification23/05/198823/05/1989 Turkey unknown UKRAINE Ratification10/11/200410/11/2005 URUGUAY Ratification19/06/198919/06/1990 VENEZUELA Ratification17/08/198317/08/1984 VIETNAM unknown YEMEN indeterminate Zambia Ratification19/08/198011/10/1980 ZIMBABWE Ratification27/08/199827/08/1999