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).

Original Language Title: Loi portant approbation de la Convention n° 150 concernant l'administration du travail : rôle, fonctions et organisation, adoptée à Genève le 26 juin 1978 par la Conférence internationale du Travail lors de sa soixante-quatrième session (1) (2)

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23 MAI 1989. - Act to approve Convention No. 150 concerning the administration of work: role, functions and organization, 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 to come, Hi.
The Chambers adopted and We sanction the following:
Article 1er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. Convention No. 150 concerning the administration of work: role, functions and organization, adopted at Geneva on 26 June 1978 by the International Labour Conference at its sixty-fourth session, will emerge its full and full effect
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 23 May 1989.
BAUDOUIN
By the King:
Minister of Foreign Affairs,
L. TINDEMANS
Minister of Employment and Labour,
L. VAN DEN BRANDE
Seal of the state seal:
Minister of Justice,
Mr. WATHELET
____
Notes
(1) Session 1988-1989.
Chamber:
Documents:
Bill tabled on 5 September 1988, No. 559/1.
Report on behalf of the Commission 559/2.
Annales parlementaire :
Discussion, meeting of 19 December 1988.
Voting, meeting of 20 December 1988.
Senate:
Session 1988-1989.
Documents:
Transmission 20 December 1988.
Annales parliamentarians.
Discussion, meeting of 7 March 1989.
Voting, meeting of 8 March 1989.
(2) See decree of the Flemish Community/ Flemish Region of 19 March 2004 (Belgian Monitor of 3 May 2004), decree of the French Community of 22 December 1997 (Belgian Monitor of 15 August 1998), decree of the German-speaking Community of 22 November 2010 (Belgian Monitor of 10 December 2010 - Ed. 2), decree of the Walloon Region of 20 July 2011 (Belgian Region of 8 August 2011 + 9 August 2011), order

Convention No. 150 concerning the administration of work: role, functions and organization, adopted at Geneva on 26 June 1978 by the International Labour Conference at its sixty-fourth session
The General Conference of the International Labour Organization,
Convened in Geneva by the Board of Directors of the International Labour Office, meeting on 7 June 1978 at its sixty-fourth session;
Recalling the terms of existing international labour conventions and recommendations, including the Labour Inspection Convention, 1947, the Labour Inspection Convention (Agriculture), 1969, and the Employment Service Convention, 1948, which called for the implementation of certain specific activities under the Labour Administration;
Considering that it is desirable to adopt instruments formulating guidelines for the system of administration of work as a whole;
Recalling the terms of the Employment Policy Convention, 1964, and the Human Resources Development Convention, 1975; Recalling also the objective of proper paid full employment, and convinced of the need to adopt a policy of administration of work that would enable the pursuit of this objective and give effect to the purposes of the said conventions;
Recognizing the need to fully respect the autonomy of employer and worker organizations; Recalling in this regard the terms of existing international labour agreements and recommendations that guarantee freedom and trade union rights and organization and collective bargaining, in particular the Freedom of Association and Protection of the Right to Organise Convention, 1948, and the Agreement on the Right to Organise and Collective Bargaining, 1949, and which prohibit all acts of interference by public authorities in a manner that restricts or hinders the legal exercise of these rights; Considering also that employers and workers organizations play a key role in the pursuit of the objectives of economic, social and cultural progress;
Having decided to adopt certain proposals on the administration of work: role, functions and organization, which constitutes the fourth item on the agenda of the session;
After deciding that these proposals would take the form of an international convention, this twenty-sixth day of June mil nine hundred and seventy-eight, adopts the following convention, which will be called the Labour Administration Convention, 1978:
Article 1er
For the purposes of this Convention:
(a) the term "work administration" refers to the activities of public administration in the field of national labour policy;
(b) the terms "work administration system" shall apply to all public administration bodies responsible for or responsible for the administration of work - whether it is departmental administration or public institutions, including para-state bodies and regional or local administrations or any other decentralized 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 their employers
Article 2
Any Member who ratifies this Agreement may delegate or entrust, under national legislation or practice, certain activities relating to the administration of work to non-governmental organizations, including employers' and workers' organizations, or, where appropriate, to representatives of employers and workers.
Article 3
Any Member who ratifies this Convention may consider certain activities, within its national labour policy, as part of the issues that, under national legislation or practice, are resolved by the use of direct bargaining between employers and workers' organizations.
Article 4
Any Member who ratifies this Convention shall, in a manner appropriate to national conditions, ensure that a system of labour administration is effectively organized and operated in its territory, and that the tasks and responsibilities assigned to it are appropriately coordinated.
Article 5
1. Any Member who ratifies this Agreement shall make arrangements appropriate to national conditions to ensure, within the framework of the labour administration system, consultations, cooperation and negotiations between the public authorities and the organizations of the most representative employers and workers, or, where appropriate, representatives of employers and workers.
2. To the extent that this is consistent with national legislation and practice, these provisions must be taken at the national, regional and local levels as well as various sectors of economic activity.
Article 6
1. The competent bodies within the labour administration system shall, as the case may be, be responsible for the preparation, implementation, coordination, monitoring and evaluation of the national labour policy, or participate in each of these phases, and be, within the framework of the public administration, the instruments for the preparation and application of the legislation that concretizes it.
2. They should, inter alia, take into account relevant international labour standards:
(a) Participate in the preparation, implementation, coordination, monitoring and evaluation of the national employment policy in the manner provided for in national legislation and practice;
(b) To examine in a continuous manner the situation of persons who are employed, as well as persons who are unemployed or underemployed, in the light of national legislation and practice relating to working conditions, employment and professional life, to draw attention to shortcomings and abuses in this area and to submit proposals on how to remedy them;
(c) to provide services to employers and workers and their respective organizations, under the conditions permitted by national legislation or practice, with a view to promoting, at the national, regional and local levels as well as in the various sectors of economic activity, effective consultations and cooperation between public authorities and agencies and employers' and workers' organisations, as well as between them;
(d) respond to requests for technical advice from employers and workers and their respective organizations.
Article 7
If national conditions require it to meet the needs of the widest possible number of workers and to the extent that such activities are not yet ensured, any Member who ratifies this Convention shall encourage the extension, if any progressive, of the functions of the labour administration system in such a way as to include activities that will be carried out in collaboration with other competent bodies and that will concern the working and working conditions of categories of workers who, in the eyes
(a) farmers not using external labour, metayers and similar categories of agricultural workers;
(b) Independent workers not using external labour, occupied in the informal sector as defined in national practice;
(c) co-operators and workers of self-managed enterprises;
(d) persons working within a framework established by custom or community traditions.
Article 8
To the extent that national legislation and practice permit, the competent bodies within the labour administration system must participate in the preparation of the national policy in the field of international labour relations and the representation of the State in this field and in the preparation of the measures to be taken for this purpose at the national level.
Article 9
In order to ensure appropriate coordination of the tasks and responsibilities of the labour administration system, in the manner determined in accordance with national legislation or practice, the Ministry of Labour or any other similar body shall have the means to verify that the para-State bodies responsible for certain activities in the field of labour administration and the regional or local bodies to which such activities have been delegated act in accordance with national legislation and respect the objectives set to them.
Article 10
1. The staff assigned to the labour administration system shall be composed of persons appropriately qualified to perform the functions assigned to them, having access to the training required to perform these functions and independent of any undue external influence.
2. This staff will benefit from the status, material resources and financial resources necessary for the effective performance of their functions.
Article 11
The formal ratifications of this Convention shall be communicated to the Director-General of the International Labour Office and recorded by him.
Article 12
1. This Convention shall be binding only on Members of the International Labour Organization whose ratification has been registered by the Director General.
2. It will enter into force twelve months after the ratifications of two Members have been registered by the Director-General.
3. Subsequently, this agreement will come into force for each Member twelve months after the date of its ratification.
Article 13
1. Any Member who has ratified this Convention may denounce it at the expiry of a period of ten years after the date of the initial entry into force of the Convention, by an act communicated to the Director General of the International Labour Office and registered to it. The denunciation will only take effect one year after being registered.
2. Any Member that has ratified this Convention that, within one year after the expiration of the ten-year period referred to in the preceding paragraph, shall not make use of the denunciation faculty provided for in this Article shall be bound for a further ten-year period and, thereafter, may denounce this Convention at the expiry of each ten-year period under the conditions set out in this Article.
Article 14
1. The Director General of the International Labour Office will notify all Members of the International Labour Organization of the registration of all ratifications and denunciations that will be communicated to it by the Members of the Organization.
2. In notifying the Members of the Organization the registration of the second ratification that has been communicated to it, the Director-General will draw the attention of the Members of the Organization to the date on which this Agreement will enter into force.
Article 15
The Director General of the International Labour Office will provide the Secretary-General of the United Nations, for registration, in accordance with Article 102 of the Charter of the United Nations, with full information on all ratifications and denunciation that he has registered in accordance with the preceding articles.
Article 16
Each time it deems necessary, the Board of Directors of the International Labour Office will present to the General Conference a report on the application of this Convention and will consider whether it is necessary to include in the agenda of the Conference the question of its total or partial revision.
Article 17
1. In the event that the Conference adopts a new Convention for the full or partial revision of this Convention, and unless the new Convention otherwise provides:
(a) the ratification by a Member of the new revision convention would entail full right, notwithstanding article 13 above, immediate denunciation of this Convention, subject to the entry into force of the new revision convention;
(b) from the date of the entry into force of the new revision convention, this Convention would cease to be open to the ratification of Members.
2. This Convention would in any case remain in force in its form and content for those Members who have ratified it and who would not ratify the Review Convention.
Article 18
The English and French versions of the text of this Convention are equally authentic.

Convention No. 150 concerning the administration of work: role, functions and organization, adopted in Geneva on 26 June 1978