Act 347 1997

Original Language Title: LEY 347 de 1997

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LAW

(January 16)

Official Journal No. 42,963 of 21 January 1997

By means of which Recommendations 171 on Health Services at Work are approved; 172 on the use of asbestos in safety conditions; 173 on the welfare of seafarers at sea and in port; 174 on the repatriation of seafarers; 176 on the promotion of employment and protection against unemployment; 178 on night work; 179 on working conditions in hotels, restaurants and similar establishments and 180 on the protection of labour credits in the event of the insolvency of the employer, adopted by the Conference General of the International Labour Organization.

Vigency Notes Summary

THE CONGRESS OF COLOMBIA,

Having regard to the text of the Recommendations 171 on health services at work; 172 on the use of asbestos in safety conditions; 173 on the welfare of seafarers at sea and in port; 174 on the repatriation of seafarers; 176 on the promotion of employment and protection against unemployment; 178 on night work; 179 on working conditions in hotels, restaurants and similar establishments and 180 on the protection of credit in case of insolvency of the employer, adopted by the General Conference of the Organization International Labour.

(To be transcribed: photocopies of the certified texts of the international instruments mentioned, duly authenticated by the Head of the Legal Office of the Ministry of Foreign Affairs).

International Labour Conference

RECOMMENDATION 171

Recommendation on Health Services at Work

The General Conference of the International Labour Organization:

Convened in Geneva by the Board of Directors of the International Labour Office, and gathered in that city on June 7, 1985 at its seventh meeting;

Taking into account that the protection of workers against diseases, whether or not they are professional, and against accidents at work is one of the tasks assigned to the International Labour Organization by its Constitution;

recalling international conventions and recommendations for work on the subject, and in particular the Recommendation on the Protection of Workers ' Health, 1953; the Recommendation on the Medical Services of Work, 1959, the Convention on Workers ' Representatives, 1971, and the Convention and the Recommendation on Safety and Health of Workers, 1981, which lay down the principles of a national policy and action at national level; and the Declaration The Commission has adopted a number of principles on multinational companies and social policy, adopted by the Board of Directors of the International Labour Office;

Having decided to adopt various proposals concerning health services at work, which is the fourth item on the agenda of the meeting, and

After having decided that these proposals are in the form of a recommendation to complete the Convention on Health Services at Work, 1985, it adopts, with the date twenty-six of June of a thousand nine hundred and eighty-five, the present Recommendation, which may be cited as the Recommendation on Health Services at Work, 1985:

I. Principles of a National Policy.

1. In accordance with national conditions and practice and in consultation with the most representative employers 'and workers' organisations, where they exist, a Member should make, apply and re-examine a policy on a regular basis. consistent national health services at work, including the general principles of their functions, their organisation and their functioning.

2.1. Every Member should progressively establish health services at work for all workers, including those in the public sector and members of production cooperatives, in all branches of economic activity and in all sectors. companies. The provisions adopted should be appropriate and appropriate to the specific health risks prevailing in companies.

2. In so far as this is necessary and practically feasible, provision should also be made to provide independent workers with protection similar to that provided for in the Convention on Health Services at Work, 1985, and in this Recommendation.

II. Functions.

3. The role of health services at work should be essentially preventive.

4. Health services at work should set up a programme of activities tailored to the company or to the companies they serve, mainly in the light of the occupational risks presented in the workplace and the workplace. specific problems arising in the respective branches of economic activity.

A) Monitoring of the working environment.

5.1. The monitoring of the working environment should include:

(a) The identification and assessment of work environment factors that may affect the health of workers;

(b) The assessment of the conditions of work hygiene and the factors of the organisation of work that may engender risks to the health of workers;

c) The assessment of collective and individual protection means;

(d) The assessment, where appropriate, of the exposure of workers to harmful agents, by means of valid and generally accepted control methods;

e) The verification of control systems intended to eliminate or reduce exposure.

2. Such surveillance should be carried out in relation to the other technical services of the undertaking and to the cooperation of the workers concerned and their representatives in the undertaking or the safety and hygiene committee, where they exist.

6.1. In accordance with national law and practice, data resulting from workplace surveillance should be entered in an appropriate manner and kept available to the employer, workers and their representatives in the workplace. company or the health and safety committee, where they exist.

2. Such data should be used in accordance with their confidential nature, and only to guide and provide advice on measures to improve the working environment and the health and safety of workers.

3. The competent authority should have access to this data, which should only communicate the health service at work to third parties after agreement of the employer, the workers and their representatives in the company or the safety committee. and hygiene, if any.

7. The monitoring of the working environment should include the visits of the staff of health services at work which are necessary to examine the factors of the working environment which are likely to affect the health of workers. workers, the health of the working environment and the working conditions.

8. Health services at work should:

(a) Carry out, where necessary, the monitoring of the exposure of workers to special health risks;

b) Oversee sanitary facilities and other facilities made available to workers by the employer, such as drinking water supply, canteens and accommodation;

c) Assess about the possible incidences of the use of technologies in the health of workers;

d) Participate and advise on the selection of the necessary equipment for the individual protection of workers against occupational risks;

e) To collaborate in the analysis of the jobs and in the study of the organization of work and working methods, in order to guarantee a better adaptation of the work to the workers;

f) Participate in the analysis of accidents at work and occupational diseases and in accident prevention programmes.

9. Staff providing health services at work should, after having informed the employer, workers and their representatives, where appropriate:

a) Having free access to all workplaces and facilities that the company provides to workers;

(b) Having access to information on methods, working standards, products, materials and substances used or intended to be used, subject to the confidentiality of any confidential information which may be collected and/or which does not concern the health of workers;

c) To be able to take samples, for analysis purposes, of the products, materials and substances used or manipulated.

10. Health services should be consulted at work on any planned change in the field of working methods and conditions likely to have an effect on the health or safety of workers.

B) Surveillance of the health of workers.

11.1. The health surveillance of workers should, in cases and in accordance with the conditions defined by the competent authority, cover all the assessments necessary to protect the health of workers, which may include:

(a) An assessment of the health of workers before they are assigned specific tasks that may pose a danger to their health or to that of others;

(b) Health assessments at regular intervals throughout employment involving exposure to particular health risks;

(c) An assessment of the health of workers who resume work after a prolonged absence due to health reasons, in order to discover their possible professional origins, to recommend appropriate action to protect the workers and to determine the adaptability of workers to their tasks and the need for reclassification and re-adaptation;

(d) Health assessments at the end of and after the termination of assignments to jobs involving risks that may cause further harm to their health or to contribute to such harm.

2. Provisions should be made to protect workers ' privacy and to ensure that their health surveillance is not used for discriminatory purposes or in any other way detrimental to their interests.

12.1. Where workers are exposed to specific occupational risks, the surveillance of their health status should include, where appropriate, in addition to the health examinations provided for in paragraph II of this Recommendation, all of the following: Studies and investigations necessary to detect exposure levels and reactions and early biological effects.

2. Where there is a valid and generally accepted method of biological monitoring of the health of workers for the early detection of the health effects of exposure to specific occupational risks, this method may be used for identify workers who require a thorough medical examination, subject to the individual worker's consent.

13. Health services at work should be informed of cases of illness among workers and of absences from work for health reasons, in order to be able to identify any relation between the causes of illness or absence. and the health risks that may arise in the workplace. Staff in charge of health services at work should not be required by employers to verify the reasons for the absence of work.

14.1. Health services at work should include data relating to the health of workers in personal and confidential health records.

These files should also contain information about the tasks that workers have done in their exposure to the occupational risks inherent in their work and the results of any assessment of the exposure of the workers to such risks.

2. Staff providing health services at work should have access to health records only if the information contained in them is related to the performance of their duties. Where files contain personal information of a medical-confidential nature, this access should be limited to medical personnel.

3. Personal data relating to the assessment of the health status should only be communicated to third parties with the consent of the worker, duly informed.

15. National legislation, the competent authority or national practice based on recognised standards of ethics should prescribe the conditions and the period for the preservation of personal health records, the conditions relating to the the transmission and communication of such files, and the measures necessary to preserve their confidential nature, in particular where the information they contain is recorded on a computer.

16.1. At the end of a prescribed medical examination to determine the suitability of a worker for a job involving exposure to a particular risk, the method which he has carried out should communicate his findings in writing to the worker and to the employer.

2. This communication should not contain any indication of a medical nature; depending on the cases, they may indicate that the worker is fit for the intended job or specify the types of work and the working conditions (a) contraindicated, temporarily or permanently, from a medical point of view.

17. When the maintenance of a worker in a job is contraindicated for health reasons, the health services at work should collaborate in efforts to find another placement in the company or another solution. appropriate.

18. Where health surveillance has enabled the detection of a occupational disease, it should be notified to the competent authority in accordance with national law and practice. The employer, employees and their representatives should be informed that such notification has been made.

C) Information, education, training counselling.

19. Health services at work should be involved in the development and implementation of information and education and training programmes, aimed at the staff of the company, on health and hygiene issues related to work.

20. Health services at work should be involved in the provision of information and the regular improvement of first aid staff and in the gradual and continuous training of all the staff of the company contributing to the safety and security of the workforce. health at work.

21. In order to encourage the adaptation of work to workers and the improvement of working conditions and the environment, health services at work should assume the role of advisers to the employer, workers and their employees. representatives in the company and the health and safety committee, where they exist, about the health problems, the hygiene of work and ergonomics, and they should work with the bodies that already act as advisers in this field.

22.1. Every worker should be informed, in a convenient and appropriate manner, of the health risks involved in his work, the results of the health examinations he has been subjected to and the assessment of his health status.

2. Every worker shall have the right to correct any data which is erroneous or which may be misleading.

3. Health services at work should also individually advise workers on their health in relation to their work.

D) First aid, treatment and health programs.

23. In the light of national legislation and practice, health services at work in enterprises should provide first aid and emergency care to workers who are victims of accidents or disservice at the workplace. and collaborate in the organization of first aid administration.

24. In view of the organisation of preventive medicine at national level, health services at work could, where possible and appropriate:

a) Proceed to immunizations in relation to the biological risks presented at the workplace;

b) Participate in health protection campaigns;

c) Collaborate with the health authorities in the framework of public health programs.

25. In the light of national legislation and practice and after consultation with the most representative employers 'and workers' organisations, where they exist, the competent authority should, if necessary, authorise health services. at work, in agreement with the persons concerned, including the worker himself and his or her GP, or a primary health care service, where applicable, to assume one or more of the following functions, or to participate in them:

(a) The treatment of workers who have not interrupted their work or who have reintegrated themselves after an absence;

b) Treatment of victims of accidents at work;

c) The treatment of occupational diseases and conditions aggravated by work;

d) The medical aspects of professional re-education and rehabilitation.

26. In the light of national legislation and practice in the area of health care organisation and the removal of the centres from which health services are provided, health services at work may be able to carry out other activities related to health care. health, including curative medical care for workers and their families, in the form that the competent authority allows in consultation with the most representative employers 'and workers' organisations, where they exist.

27. Health services at work should cooperate with the other services involved in the development of emergency plans to deal with major accidents.

E) Other Functions.

28. Health services at work should analyse the results of the health surveillance of workers and the working environment and the results of biological surveillance and the continuous monitoring of the individual exposure of workers. workers to certain occupational risks, where such risks exist, in order to assess the possible links between exposure to occupational risks and health damage, and to propose measures to improve health risks. conditions and the working environment.

29. Health services at work should draw up plans and, at appropriate intervals, reports on their activities and health conditions in the company. These plans and reports should be made available to the employer and employee representatives in the undertaking or to the safety and hygiene committee where they exist, and the competent authority should have access to them.

30.1. As far as their resources are concerned, health services at work, in consultation with employers 'and employees' representatives, should contribute to research, taking part in studies or surveys carried out at the level of the company. or the branch of economic activity, for example, in order to gather epidemiological information and guide its activities.

2. The results of the measurements carried out in the monitoring of the working environment and the results of the workers ' health assessments may be used for research purposes, subject to the provisions of the paragraphs 6, 3); 11, 2); and 14, 3) of this Recommendation.

31. Health services at work should be involved with other services of the undertaking, where appropriate, in measures designed to prevent the activities of the undertaking from causing injury to the general environment.

III. Organization.

32. As far as possible, health services at work should be located in or in the vicinity of the workplace, or should be organised in such a way as to ensure the performance of their duties in the workplace.

33.1. Employers, employees and their representatives, if any, shall cooperate and participate in the implementation of measures relating to the organisation and other aspects of health services at work on an equitable basis.

2. In accordance with national conditions and practice, employers and employees, or their representatives in the undertaking or the safety and health committee, where they exist, should be involved in decisions on organisation and operation of these services, including those relating to the use of staff and the planning of the service programmes.

34.1. Health services at work can be organised, as the case may be, as services for a single company or as services common to several companies.

2. In accordance with national conditions and practice, health services at work can be organized by:

a) Interested companies or groups of companies;

b) Public authorities or official services;

c) Social security institutions;

d) Any other body empowered by the competent authority;

e) A combination of any of the above formulas.

3. The competent authority should specify the circumstances in which, where health services are not organised at work, the appropriate existing services could be provisionally recognised as bodies authorised in the point (2), (d), above.

35. In cases where the competent authority, after consulting the employers 'and representative workers' organisations concerned where they exist, determines that the establishment of a health service at work or access to such a service It is virtually impossible for companies to be on a provisional basis and after consulting the employees ' representatives in the company or the safety and hygiene committee, where they exist, to conclude an agreement with a medical service the locality to proceed to the health examinations prescribed by the national legislation, to control the health conditions in the company and ensure that first aid and emergency care are organised in an appropriate manner.

IV. Operating conditions.

36.1. In accordance with national legislation and practice, health services at work should be made up of multidisciplinary teams which are constituted according to the nature of the tasks to be carried out.

2. The health services at work should have sufficient technical staff, with specialized training and experience in such areas as work medicine, work hygiene, ergonomics, nursing care of the work and other related issues. This staff should, to the maximum extent possible, keep abreast of progress in the scientific and technical knowledge necessary for the performance of their duties and be able to do so without any loss of income.

3. The health services at work should also have the administrative staff necessary for its operation.

37.1. The professional independence of staff providing health services at work should be safeguarded in accordance with national practice and legislation. This could be done through appropriate laws, regulations and consultations between the employer, the workers and their representatives and the safety and hygiene committees, if any.

2. The competent authority should specify, where appropriate, in accordance with national law and practice, the conditions relating to the recruitment and termination of employment of the staff of the health services at work, in consultation with representative organisations of workers and employers concerned.

38. Subject to the exceptions provided for by national laws and regulations, all staff of a health service at work should be obliged to keep the professional secrecy on the medical and technical data which they may become aware of. by reason of their duties and the activities of the service.

39.1. The competent authority may prescribe rules concerning the premises and equipment necessary for the operation of the health services at work.

2. Health services at work should have adequate facilities to carry out the tests and tests necessary for the monitoring of the health of workers and the health of the working environment.

40.1. Within the framework of a multidisciplinary approach, health services at work should collaborate with:

a) Services that address the safety of workers in the enterprise;

b) The various services or production units, to help them formulate and implement appropriate preventive programs;

c) The company's personnel department and other interested services;

(d) Workers ' representatives in the company, as well as their security representatives and the safety and hygiene committee, if any.

2. Where appropriate, health services at work and safety services at work could be organised together.

41. In addition, health services at work should maintain contacts, where necessary, with the services and agencies outside the company dealing with health, hygiene, safety, rehabilitation, health and safety issues. retraining and reclassification of workers and the working and welfare conditions of workers, as well as with the inspection services and the national body which has been designated to participate in the international system of alert for the safety and health of workers established within the framework of the Organization International Labour.

42. The person in charge of a health service at work should be able, in accordance with the provisions of paragraph 38, to consult the competent authority, after having informed the employer and the representatives of the workers in the the company or the safety and hygiene committee, if any, on the application of the safety and hygiene rules of the work in the undertaking.

43. Health services in the work of any national or multinational company which has more than one establishment should provide the maximum level of services, without discrimination, to workers in all their establishments, irrespective of their is the place or country in which they are located.

V. General Provisions.

44.1. In the framework of their responsibility for the safety and health of the employees they employ, employers should take all the necessary steps to facilitate the performance of the health service functions at work.

2. Workers and their organisations should provide their support to health services at work for the fulfilment of their duties.

45. Health-related benefits at work dispensed by health services at work should be totally free for workers.

46. Where health services at work have been established and their functions laid down by national legislation, the latter should also determine how to finance such services.

47. For the purposes of this Recommendation, the expression 'representatives of workers in the undertaking' means persons who are recognised as such by national law or practice.

48. This Recommendation, which supplements the 1985 Convention on Health Services at Work, replaces the Recommendation on occupational health services, 1959.

The undersigned Head of the Legal Office

from the Ministry of Foreign Affairs,

NOTES:

That the present reproduction is faithful photocopy taken from the certified text that rests in the Legal Office of this Ministry.

Dada en Santa Fe de Bogota, D.C., a los eighteen (18) dias

of the month of August of a thousand nine hundred and ninety-four (1994).

HECTOR ADOLFO SINTURA VARELA,

head Legal Office.

RECOMMENDATION 172

Recommendation on the use of asbestos

under security conditions

The General Conference of the International Labour Organization:

Convened in Geneva by the Board of Directors of the International Labour Office, and gathered in that city on 4 June 1986 at its seventh meeting.

recalling the relevant international conventions and recommendations of work, in particular the Convention and the Recommendation on Professional Cancer, 1974; the Convention and the Recommendation on the Working Environment (Pollution of the air, noise and vibration), 1977; the Convention and the Recommendation on Safety and Health of Workers, 1981; the Convention and the Recommendation on Health Services at Work, 1985, and the list of occupational diseases, as it was revised in 1980, annexed to the convention on benefits in the event of accidents at work and occupational diseases, 1964, as well as the repertoire of practical recommendations on safety in the use of asbestos, published by the International Labour Office in 1984, which lay down the principles of national policy and of action at national level;

After having decided to adopt various proposals concerning the safety in the use of the asbestos question that constitutes the fourth point of the Order of the Day of the meeting.

After having decided that these proposals are in the form of a recommendation to complete the 1986 asbestos convention, it adopts, with the date of 24 June of a thousand nine hundred and eighty-six, the present recommendation, which may be cited as the recommendation on asbestos 1986.

I. Application field and definitions

1. The provisions of the 1986 asbestos convention and this recommendation should apply to all activities in which workers are exposed to asbestos in the course of their work.

2. In accordance with national law and practice, measures should be taken to ensure that independent workers enjoy similar protection to the one provided for in the 1986 asbestos convention and this recommendation.

3. The use of persons under 18 years of age in activities involving a risk of occupational exposure to asbestos should be the subject of special attention, as prescribed by the competent authority.

2. Activities involving a risk of occupational exposure to asbestos should be included, in particular:

(a) The extraction and crushing of the minerals containing asbestos;

b) The manufacture of materials or products containing asbestos;

c) The use or application of products containing asbestos;

d) The detachment, repair or maintenance of products containing asbestos;

e) Demolition or repair of installations or structures containing asbestos;

f) The transport, storage and handling of asbestos or asbestos-containing materials;

g) Other activities involving a risk of exposure to asbestos powders in suspension in the air.

3. For the purposes of this recommendation:

(a) The term "asbestos" means the fibrous form of the mineral silicates belonging to the groups of metamorphic rocks of the serpentines, that is, chrysotile (white asbestos), and of amphibolites, that is, actinolite, amosite (pardo asbestos, cummingtonita-grunerite), antophilite, crocidolite (blue asbestos), tremolite, or any mixture containing one or more of these minerals;

b) The expression "asbestos dust" designates the asbestos particles in suspension in it. air or asbestos particles deposited that can be displaced and remain suspended in the air in the workplaces;

(c) The expression "asbestos dust in the air" means, for the purpose of measurement, dust particles measured by gravimetric assessment or other equivalent method;

(d) The expression "Breathable Asbestos fibres" means asbestos fibres whose diameter is less than three microns and whose length and diameter ratio is greater than 3: 1; in the measurement, only the following shall be taken into account Fibres of length exceeding five microns;

e) The expression "asbestos exposure" means an exposure at work to breathable asbestos fibres or asbestos dust in the air, originating from asbestos or from minerals, materials or products containing asbestos;

f) The term "workers" covers members of production cooperatives;

g) The expression "workers 'representatives" means representatives of workers recognized as such by national legislation or practice, in accordance with the agreement on workers' representatives, 1971.

II. General principles

4. The measures prescribed in accordance with Article 3. the asbestos convention 1986, should be designed to apply to the various risks of occupational exposure to asbestos in all branches of economic activity and should be formulated with due regard for the 1o. and 2o. of the 1974 convention on professional cancer.

5. The competent authority should periodically review the prescribed measures taking into account the repertoire of practical recommendations on safety in the use of asbestos, published by the International Labour Office, others (a) the provision of practical recommendations or guidelines which may be drawn up by the International Labour Office, the conclusions of the meetings of experts convened by the International Labour Office and the information provided by other competent bodies on asbestos and materials which may replace it.

6. For the purposes of implementing the provisions of this recommendation, the competent authority should act after consultation with the most representative organisations of employers and workers.

7.1. In consultation and collaboration with the workers concerned or their organisations, and taking into account the views of competent bodies, including health services at work, employers should use all the measures they need. adequate to prevent or control exposure to asbestos.

2. In accordance with national law and practice, consultation and cooperation between the employer and its employees should be carried out through the following:

a) Workers ' safety delegates;

b) Safety and hygiene committees of workers or joint committees on safety and hygiene at work;

c) Other employee representatives.

8. Workers engaged in work in which asbestos or asbestos-containing products are used should be obliged, within the limits of their liability, to apply the prescribed safety and hygiene procedures and, in particular, to use appropriate protective equipment.

9.1. Any worker who withdraws from a work situation for having reasonable grounds to believe that such a situation poses a serious danger to his or her life or health should:

a) Advent your immediate superior;

b) Be protected against retaliatory or disciplinary measures, in accordance with national conditions and practice.

2. No action should be taken to the detriment of a worker for having made a complaint in good faith for what he considered to be an infringement of the regulatory provisions or a serious deficiency in the measures taken by the employer in the field of safety and health of workers and the working environment.

III. Prevention and protection measures

10.1. The competent authority should ensure the prevention or control of exposure to asbestos by prescribing technical controls and working methods, including hygiene measures at work sites, which provide maximum protection for asbestos. workers.

2. On the basis of the level of exposure and the circumstances prevailing in the working environment and in the light of scientific research and technological progress, the competent authority should periodically determine:

(a) The types of asbestos and the types of asbestos-containing products whose use should be subject to authorisation and the work processes that should be subject to authorisation;

(b) The types of asbestos and products containing asbestos the use of which should be totally or partially prohibited and the working processes in which the use of asbestos or certain asbestos types and products containing asbestos should be prohibited. asbestos.

3. The prohibition or authorisation of the use of certain types of asbestos or of certain products containing asbestos and their substitution by other substances should be based on a scientific assessment of the risk posed to health.

11. 1. The competent authority should encourage the investigation of technical and health problems related to exposure to asbestos, replacement materials and alternative technologies.

2. In order to eliminate or reduce the risks to workers, the competent authority should encourage research and development in respect of products containing asbestos, other replacement materials and alternative technologies which are harmless or less harmful.

12. 1. Where necessary to protect workers, the competent authority should require replacement of asbestos by replacement materials, as long as this is possible.

2. The use of replacement materials in any process should not be accepted without a thorough assessment of their potential harmful effects on health. The health of workers exposed to such effects should be monitored continuously.

13. 1. In order to ensure the effective implementation of national legislation, the competent authority should determine the information to be contained in the notifications of the work involved in the asbestos exposure referred to in Article 13 of the Directive. Convention on asbestos 1986.

2. Such information should include, in particular,

following:

a) Type and amount of asbestos used;

b) Activities and processes performed;

c) Produced products;

d) Number of exposed workers and level and frequency of their exposure to risk;

e) Protection and prevention measures taken in compliance with national legislation;

f) Any other information necessary to protect the health of workers.

14.1. In the case of demolition of the parts of the installations or structures containing asbestos-based friable insulating materials and the removal of asbestos from buildings or buildings, where there is a risk that asbestos may enter into Suspension in the air, these works should be subject to an authorisation which should only be granted to employers or contractors recognised by the competent authority as qualified to carry out such works, in accordance with the provisions of this recommendation.

2. Before undertaking the demolition or removal work, the employer or the contractor should draw up a work plan specifying the measures to be taken before the start of the work, including those for:

a) Provide all necessary protection to workers;

b) Limit asbestos dust shedding in the air;

c) Make known the general procedures and equipment to be used, as well as the precautions to be taken, to workers to whom the presence of asbestos dust may be affected in the air;

d) Prevent the disposal of asbestos-containing waste in accordance with paragraph 28 of this recommendation.

3) The workers or their representatives should be consulted on the work plan referred to in sub-paragraph 2. of this paragraph.

15.1. A programme for the prevention and control of the exposure of workers to asbestos should be developed and implemented by any employer, with the participation of the employees of your company. This programme should be reviewed regularly in the light of developments in the working processes and machinery used, or in the techniques and methods of prevention and control.

2. In accordance with national practice, the competent authority should undertake assistance activities, in particular small enterprises where there may be insufficient knowledge or technical means, with a view to drawing up programmes of prevention in cases where there may be exposure to asbestos.

16. Appropriate technical prevention devices and working practices should be adopted to prevent the removal of asbestos dust in the atmosphere of workplaces. Such measures should be taken even in cases where exposure limits or other assessment criteria are respected, in order to reduce exposure to the lowest level that is reasonable and feasible to achieve.

17. Measures that should be taken to prevent or control the exposure of workers to asbestos and to avoid any exposure should be included in particular:

(a) asbestos should only be used when it is possible to prevent or control the risks involved; otherwise it should be replaced, if this is technically feasible, by other materials or by using alternative technologies that have have been scientifically recognised as harmless or less harmful;

b) Both the number of people whose work involves an exposure to asbestos and the duration of their exposure should be reduced to the minimum necessary to perform the task safely;

(c) machinery, equipment and work processes should be used to eliminate or minimize the formation of asbestos dust and, in particular, its detachment in workplaces and in the general environment;

d) Workplaces where the use of asbestos can lead to the removal of asbestos dust in the air should be isolated from the working environment in general, in order to avoid any possible exposure of others. workers to asbestos;

e) Areas of activity involving an exposure to asbestos should be clearly demarcated and indicated by warning signs that prevent unauthorised access by persons;

(f) The location of the asbestos used in the construction of buildings should be recorded in writing.

18.1. The use of crocidolite and products containing this fibre should be prohibited.

2. After consultation of the most representative organisations of employers and workers concerned, the competent authority should be empowered to allow derogations from the prohibition provided for in sub-paragraph 1. reasonable and feasible, provided that measures are taken to ensure that the health of workers is not at risk.

19.1. The spray of asbestos should be prohibited in any form.

2. The installation of friable asbestos insulation materials should be prohibited.

3. After consultation with the most representative organisations of employers and workers concerned, the competent authority should be empowered to allow derogations from the prohibition set out in sub-paragraph 1. where recourse to alternative methods is unreasonable or feasible, provided that measures are taken to ensure that the health of workers is not at risk.

20. 1. Asbestos producers and suppliers and manufacturers and suppliers of asbestos-containing products should be responsible for the proper and sufficient rolling of packaging or products.

2. National legislation should stipulate that labels are printed in the language or languages of common use in the country concerned and indicate that the container or product contains asbestos that inhalation of asbestos dust poses risks to the health and that adequate protective measures should be taken.

3. National legislation should require asbestos producers and suppliers and manufacturers and suppliers of asbestos-containing products to prepare and provide a technical information sheet indicating the content of asbestos. the health risks and the appropriate protective measures.

21. The inspection system provided for in Article I of the Convention on Asbestos 1986 should be based on the provisions of the Convention on Labour Inspection, 1947. The inspection should be carried out by qualified personnel. The employer should provide the inspection services with the information referred to in paragraph 13 of this recommendation.

22. 1. The exposure limits should be set by reference to the time-weighted concentration of asbestos dust in the air, commonly referred to as an eight-hour day and a week of forty hours, and by reference to a recognised method of sampling and measurement.

2. The exposure limits should be reviewed and updated regularly in the light of technological progress and the development of technical and medical knowledge.

23. Installations, ventilation systems, machinery and protective devices designed to prevent and control the effects of asbestos dust should be regularly reviewed and maintained in good working order.

24. Workplaces should be cleaned according to methods that ensure safety, with the frequency required to prevent the accumulation of asbestos dust on surfaces. The provisions of the 1986 asbestos convention and this recommendation should be applied to staff in charge of cleaning.

25.1. Where it is not possible to prevent or otherwise control the risks due to airborne asbestos, the employer should provide, maintain and, if necessary, replace, without incurring any costs for the workers, a adequate respiratory protection equipment and special protective clothing, where appropriate. In such cases, workers should be required to use such equipment.

2. The respiratory protection equipment should be in accordance with the rules laid down by the competent authority and should be used only on a complementary, temporary, emergency or exceptional basis and never in place of technical control.

3. In cases where respiratory protection equipment is required to be used, sufficient rest periods should be provided in appropriate rest areas, taking into account the physical discomfort involved in the use of the equipment.

26.1. Where asbestos dust can contaminate workers 'personal clothing, the employer, in accordance with national legislation and after consultation with the workers' representatives, should provide appropriate work clothes, which do not It should be taken away from the workplace, without any expense for workers.

2. The employer should provide workers with sufficient information and in due form on the risks they may pose to the health of their family and other people if they take their houses contaminated by asbestos dust.

3. The handling and cleaning of the work clothes and special protective clothing used should be carried out under conditions under control, in accordance with the requirements of the competent authority, in order to prevent the removal of Asbestos dust in the air.

27.1. Where necessary, they should be made available to workers engaged in activities involving exposure to asbestos double changing rooms, toilet facilities, showers and rest areas.

2 In accordance with the national practices in force, sufficient time should be allowed, within the working time, to change clothes, shower or wash after the work shift.

28.1. In accordance with national legislation and practice, the employer should remove asbestos-containing waste in such a way that there is no risk to the health of the workers concerned, including those handling waste. asbestos, or the population neighbouring the company.

2) Appropriate measures should be taken by the competent authority and by employers to prevent the general environment from being contaminated by asbestos dust from workplaces.

IV. Monitoring of the Working Environment and the Health of Workers

29. In cases determined by the competent authority, the employer should take the necessary measures for the systematic monitoring of the concentration of asbestos dust in the air in the workplace and of the duration and level of asbestos. the exposure of workers to asbestos, as well as for the monitoring of the health of workers.

30.1. The level of exposure of workers to asbestos should be measured or calculated in terms of measured and time-weighted concentrations for a given reference period.

2. Sampling and measurement of the concentration of airborne asbestos dust should be carried out by qualified personnel, using methods approved by the competent authority.

3. The frequency and importance of sampling and measurements should be related to the level of risk, with the changes introduced in the work processes and with other relevant circumstances.

4. When assessing the risk, the competent authority should take into account the risk posed by asbestos fibres of any size.

31.1. For the prevention of diseases and functional inadequacies caused by exposure to asbestos, all workers who have to carry out work involving exposure to asbestos should benefit as far as they are concerned. required, of:

(a) Medical recognition prior to the performance of that work; (b) Periodic medical recognitions at appropriate intervals;

c) Other tests and investigations, in particular chest X-rays and tests of the functioning of the lungs, which may be necessary to monitor your health status in relation to professional risk and to identify symptoms precocious of a disease caused by asbestos.

2. The intervals between medical examinations should be set by the competent authority, taking into account the level of exposure and the age and health status of the worker in relation to the occupational hazard.

3. The competent authority should ensure that the necessary arrangements are made, in accordance with national law and practice, so that workers can continue to be subject to adequate medical examinations after cessation of to carry out work involving exposure to asbestos.

4. The examinations, tests and investigations provided for in sub-paragraphs 1) and 3) should, as far as possible, be carried out during working hours and should not mean any expenditure for the worker.

5. Where the results of the medical tests or investigations reveal the existence of clinical or preclinical effects, measures should be taken to reduce or eliminate the exposure of the workers concerned and to avoid further deterioration. of your health.

6. The results of medical examinations should be used to determine the state of health in relation to asbestos exposure and should not be used to discriminate against the worker.

7. The results of the medical examinations should be used to place the worker in another job that is compatible with his or her health.

8. Workers whose health status is under surveillance should be entitled to:

(a) In respect of the confidential nature of your personal and medical file;

b) To receive comprehensive and detailed explanations on the objectives and results of the surveillance;

(c) Refuse to be subject to clinical methods that may be against their physical integrity.

32. Workers should be informed in a sufficient and appropriate manner, in accordance with national practice, of the results of medical examinations and to receive individual advice on their state of health in relation to the job to be performed.

33. Where health surveillance has enabled the detection of occupational disease caused by asbestos, the asbestos should be notified to the competent authority in accordance with national legislation and practice.

34. Where it is not advisable from the medical point of view for permanent allocation to work involving exposure to asbestos, every effort should be made to provide the affected worker with other means of maintaining their income, compatible with the with national practice and conditions.

35. National legislation should provide for benefits for workers who contract a disease or suffer a functional impairment related to occupational exposure to asbestos, in accordance with the convention on benefits in Case of accidents at work and occupational diseases, 1964.

36.1. Records of the control of the working environment should be kept for a period of not less than 30 years.

2. Records for the control of workers ' exposure, as well as those parts of their medical history which refer to health risks due to exposure to asbestos and chest X-rays, should be retained during the course of the event. a period of not less than 30 years after completion of the tasks involving asbestos exposure.

37. The workers concerned, their representatives and the inspection services should have access to the records of the control of the working environment.

38. In the case of closure of an undertaking, other the determination of a worker's contract, records and information held in accordance with paragraph 36 of this recommendation should be deposited in accordance with the instructions given by the employer. competent authority.

39. In accordance with the tripartite declaration of principles on multinational enterprises and social policy, adopted by the Board of Directors of the International Labour Office, any national or multinational undertaking which has more than one establishment should take, without discrimination, safety measures to prevent and control health risks due to occupational exposure to asbestos, in order to protect workers against such risks in all their establishments, whatever the place or the country in which they are located.

V. Information and Education

40. The competent authority should take measures to encourage the training and information of all persons to whom the prevention and control of the risks to the health of occupational exposure to asbestos and protection are concerned. against such risks.

41. In consultation with the most representative organisations of employers and workers concerned, the competent authority should develop appropriate teaching guides for employers, workers and other persons.

42. The employer should ensure that any worker who may be exposed to asbestos receives regularly, without any expense to him, in a language and in a way that is easily understood, training and instructions on the effects for the health of such exposure, on the measures to be taken to prevent and control exposure to asbestos, and in particular on the correct working methods to prevent the control of dust formation and detachment of asbestos in the air and on the use of collective and individual protective equipment put to Provision of workers.

43. Educational measures should draw attention to the special risk of smoking for the health of workers exposed to asbestos.

44. Employers 'and workers' organisations should take concrete steps to contribute to and assist in the implementation of training, information, prevention, control and protection programmes in relation to occupational risks caused by exposure to asbestos.

Full and compliant certified copy of Spanish text,

By the Director General of the International Labour Office:

FRANCIS MAUPAIN

Legal Counsel,

International Labour Office.

The undersigned Head of the Legal Office of the Ministry of Relations

Foreign

NOTES:

That the present reproduction is faithful photocopy taken from the certified text, which rests in the Legal Office of this Ministry.

Dada en Santa Fe de Bogotá, D. C., at eighteen (18) days of the month of August of a thousand nine hundred and ninety-four (1994).

HECTOR ADOLFO SINTURA VARELA

Head Legal Office

RECOMMENDATION 173

Recommendation on the welfare of seafarers at sea

and in port

The General Conference of the International Labour Organization:

convened in Geneva by the Board of Directors of the International Labour Office, and gathered in that city on 24 September 1987 at its seventh meeting;

Remembering the provisions of the Recommendation on the conditions of the people of the sea in the ports, 1936, and the Recommendation on the welfare of seafarers, 1970;

After having decided to adopt various proposals on the welfare of seafarers at sea and in port, which is the second item on the agenda of the meeting, and

After having decided that these proposals are in the form of a recommendation that complements the Convention on the Welfare of the People of the Sea, 1987, it adopts, with the date of October 8, one thousand nine hundred and eighty-seven, the present Recommendation, which can be cited as the Recommendation on the welfare of seafarers, 1987:

I. Generalities

1. For the purposes of this Recommendation:

(a) The expression "seafarers" or "seafarers" means all persons employed, with any capacity, on board a ship engaged in maritime, public or private ownership, other than a warship;

b) The expression "means and services of welfare" means the means and services of welfare, cultural, recreational and information.

2. In so far as it considers it feasible, after consultation with the representative organisations of shipowners of fishing vessels and fishermen, the competent authority should apply the provisions of this Recommendation to sea fishing. commercial.

3.1) Members should take measures to ensure that adequate means and welfare services are provided to seafarers, both in port and on board ships, and that adequate protection is given to them in the exercise of their profession.

2) In the implementation of these measures, Members should take into account the special needs of seafarers in the area of safety, health and recreation, particularly when they are abroad or enter war zones.

4. The measures taken to control the welfare and welfare services should include the participation of representative organisations of shipowners and seafarers.

5. The means and services of welfare provided under this Recommendation should be accessible to all seafarers, without distinction of nationality, race, colour, sex, religion, political opinion and social origin and irrespective of State of registration of the vessel on board of which they are employed.

6. Members should cooperate with each other with a view to promoting the well-being of seafarers at sea and in port. This cooperation should include the following measures:

(a) Conduct consultations between the competent authorities with a view to facilitating or improving the means and welfare services for seafarers, both in ports and on board ships;

b) Conclude agreements to pool resources into a common fund and jointly facilitate welfare in large ports, in order to avoid unnecessary duplication of effort;

c) Organize international sports competitions and encourage seafarers to participate in sports activities;

d) Organize international seminars on the issue of the well-being of seafarers at sea and in port.

II. Media and welfare services at ports

7.1) Members should facilitate or ensure that the necessary means and welfare services are provided at the appropriate ports in the country.

2) Members should consult representative organisations of shipowners and seafarers when determining appropriate ports.

3) Welfare facilities and services should be reviewed frequently in order to ensure that they are appropriate, taking into account the evolving needs of seafarers as a result of technical, functional or other developments registered in the maritime transport industry.

8. (1) Welfare means and services should be in charge, in accordance with national conditions and practice, of one or more of the following institutions:

a) Public authorities;

(b) Shipowners 'and seafarers' organisations, by virtue of collective agreements or other concerted agreements;

c) Benevolent organizations.

2) Provisions should be made to ensure that, to the extent necessary, technically competent staff, in addition to potential benevolent collaborators, are employed in the management of the welfare and welfare services for the people of sea.

9.1) welfare boards should be set up at the port or regional or national level, as appropriate, with the following functions.

a) Verify if the existing wellness media is still adequate and determine whether to create others or delete those that are underutilized;

b) Help advise those responsible for facilitating the environment and ensure coordination between them.

2) The welfare boards should include representatives of the respective shipowners 'and seafarers' organisations, the competent authorities and, if appropriate, of benevolent organisations and social bodies.

3) When appropriate, it should be associated with the consuls of maritime states and the local representatives of foreign welfare organisations to the work of the port, regional and national welfare boards, in accordance with the national legislation.

10. 1) Members should ensure that regular and sufficient financial support is provided for the means and welfare services for seafarers.

2) In accordance with national conditions and practice, this financial support should come from one or more of the following sources:

a) Public fund grants;

b) Fees and other special contributions paid by maritime circles;

(c) Voluntary contributions by shipowners, seafarers or their organisations;

d) Voluntary contributions from other sources.

3) Where fees, levies and special contributions are provided for the financing of welfare services, they should only be used for the purposes for which they were created.

11. there should be suitable hotels or hostels for seafarers where there is a need for them. Such hotels or hostels should be subject to appropriate controls, prices should be reasonable and, where necessary and practicable, arrangements should be made to accommodate seafarers ' families.

12. 1) the necessary means of welfare and recreation should be created or developed at ports. These media should include:

a) Meeting and recreation rooms, as required;

b) Sports facilities and other outdoor facilities, in particular for competitions;

c) Educational means;

d) Where appropriate, means for religious practice and for personal advice.

2) These services can be provided by making facilities for more general use available to seafarers, in line with their needs.

13. Where a large number of seafarers of different nationalities need in a port, certain services, such as hotels, clubs or sports facilities, the competent authorities or bodies of the countries of origin of the seafarers and of the countries of registration of ships, as well as the international associations concerned, should consult and cooperate with each other and with the competent authorities and bodies of the country where the port is located, in order to pool resources and to avoid unnecessary duplication of effort.

14. 1) information should be disseminated among seafarers on all available means available to the public at ports of call-in particular means of transport, social, educational and leisure services and places of worship-and on services specifically intended for seafarers.

2) This information might be disclosed:

a) Distributing on land and, with the consent of the captain, also on board the vessel brochures published in the most appropriate languages containing precise information on the means and welfare services that seafarers can find in the port, where the ship is anchored or in the next port where it stops; such leaflets should include a plane of the city and the port area;

b) Creating in the large ports information offices easily accessible to seafarers and equipped with a staff able to directly facilitate all kinds of explanations and useful orientations.

15. adequate means of transport should be available, at reasonable prices and at any reasonable time, where this is necessary, so that seafarers can move to urban areas from suitable locations in the area port.

16. all appropriate measures should be taken to inform all seafarers arriving at a port of:

(a) All the risks and diseases to which they may be exposed and the means to avoid them;

(b) The need, for sick seafarers, to undergo rapid medical care, and the closest medical services available to them;

c) The dangers involved in the use of drugs and alcohol.

17. measures should be taken to guarantee seafarers, during their stay in port, access to:

a) Outpatient treatment in case of illness or accident; b) Hospitalization, where necessary;

c) Dental services, especially in cases of urgency.

18. The competent authorities should take all appropriate measures to inform shipowners and seafarers that they arrive at a port of all laws and special constements whose infringement may result in their privacy of liberty.

19. The competent authorities should provide the port areas and access roads to the ports of sufficient lighting and indicator signs, and order regular patrols to be carried out in order to ensure the protection of the seafarers.

20. 1) With a view to the protection of foreign seafarers, measures should be taken to facilitate:

a) Access to their countries ' consuls;

(b) Effective cooperation between such consuls and local or national authorities.

2) Whenever for any reason a seafarer is detained in the territory of a Member, the competent authority, if requested by the person concerned, should immediately inform the State whose flag the vessel is flying and the State of which the seafarer is a national. The competent authority should promptly inform the seafarer of the right to submit such a request. The State of which the seafarer is a national should inform his next of kin. If a seafarer is imprisoned, the Member should allow consular officials to meet with him immediately and continue to visit him regularly as long as he remains in prison.

3) The process of a detained seafarer should be initiated without delay in accordance with the procedure laid down by law, and both the State whose flag the vessel is flying and the State of which the seafarer is a national should be kept abreast of the evolution of the process.

21. 1) the maximum possible practical assistance should be provided to seafarers abandoned in foreign ports, pending their repatriation.

2) In the event of a delay in the repatriation of seafarers, the competent authority should ensure that the consular or local representative of the State whose flag the vessel is flagged is informed immediately.

22. Whenever necessary, the Members should take measures to ensure the safety of seafarers against aggression and other illegal acts while vessels are in their territorial waters and, in particular, as they approach ports.

III. Media and welfare services at sea

23. 1) Means and welfare facilities should be provided to seafarers on board ships. As soon as practicable, it should be included between such facilities and facilities:

a) The reception of television and radio programs;

b) The projection of films or videos, the range of which should be suitable for the duration of the journey and, if necessary, renewed at reasonable intervals;

(c) Sports equipment, including equipment for physical exercises, board games and indoor games;

d) Whenever possible, facilities for swimming;

e) A library of works of a professional character and of a different nature, in sufficient quantity for the duration of the journey and whose contents should be renewed at reasonable intervals;

f) Means for performing manual recreational work.

2) Whenever possible and appropriate, the possibility of installing bars for seafarers on board ships should be examined, unless this is contrary to national, religious or social customs.

24. Training programmes for seafarers should be taught and provided with information on matters relating to their welfare, including the general risks to which their health is exposed.

25. 1) access to telephone communications between the ship and land should be authorised, where the latter has, and the price for seafarers of such communications should be reasonable.

2) No efforts should be made to get mail to seafarers as quickly and safely as possible. It should also be ensured that seafarers do not have to pay extra postage when they are issued with mail for reasons beyond their wishes.

26. 1) Subject to the provisions of national or international laws or regulations in this field, measures should be taken to ensure that, whenever possible and reasonable, the seafarers are quickly granted permission to receive the visit on board. of their spouses, relatives and friends, while the ship is in port.

2) consideration should be given to allowing seafarers to be accompanied by their spouses from time to time on a journey, provided that this is possible and reasonable. Spouses should be adequately insured against accidents and diseases; shipowners should give their full support to seafarers in order to subscribe to such insurance.

27. The people who are responsible for this, in the ports and on board, should do everything possible to allow seafarers to disembark as soon as possible, after the ship's arrival at a port.

IV. Saving and sending wages

28. In order to help seafarers save and to forward their savings to their families:

(a) a simple, fast and secure system should be adopted, operating with the assistance of consuls or other competent authorities, captains, shipowners ' agents or financial institutions offering guarantees, in order to enable the public to at sea, and in particular to that which is abroad or is sailing on board a vessel registered in a country other than its own, to enter or remit all or part of its salary;

b) a system should be instituted or generalized that allows seafarers who wish, at the time of their enrollment or during the trip, to guarantee their families the periodic shipment of part of their salary;

c) such remittances should be sent in due time and directly to the person or persons designated by the seafarer;

d) it should be ensured that an independent entity confirms that the remittances of seafarers have actually been sent to the person or persons designated as recipients.

Full and certified copy of the Spanish text.

Director General of the International Labour Office,

FRANCIS MAUPAIN.

Legal Counsel, International Labour Office,

The undersigned Head of the Legal Office of the Ministry of Foreign Affairs

NOTES:

That the present reproduction is faithful photocopy taken from the certified text, which rests in the Legal Office of this Ministry.

Dada en Santa Fe de Bogotá, D. C., at eighteen (18) days of the month of August of a thousand nine hundred and ninety-four (1994).

HECTOR ADOLFO SYNTURA VARELA

the Head Legal Office

RECOMMENDATION 174

Recommendation on the repatriation of seafarers.

The General Conference of the International Labour Organization:

convened in Geneva by the Board of Directors of the International Labour Office, and gathered in that city on 24 September 1987 at its seventh meeting;

Having decided to adopt various proposals concerning the revision of the Convention on the repatriation of seafarers, 1926 (number 23), and the Recommendation on the repatriation of captains and apprentices, 1926 (number 27), which is the fifth item on the agenda of the meeting, and

Having decided that these proposals are in the form of an international recommendation which complements the Convention on the Repatriation of Seafarers (revised), 1987, it adopts, with the date of nine October of a thousand nine hundred and eighty seven, this Recommendation, which can be cited as the Recommendation on the repatriation of seafarers, 1987:

Whenever a seafarer has the right to be repatriated in accordance with the provisions of the Convention on the repatriation of seafarers (revised), 1987, and both the shipowner and the Member on whose territory the vessel is registered the obligation imposed on them by the Convention to organise their repatriation and to assume the cost thereof, the State of whose territory the seafarer is to be repatriated, or the State of which the seafarer is a national, should organise such repatriation and to recover the cost of the Member in whose territory the vessel is registered, in accordance with the Article 5 (a) (a). of the Convention.

Full and certified copy of the Spanish text.

By the Director General of the International Labour Office.

FRANCIS MAUPAIN

Legal Counsel, International Labour Office

RECOMMENDATION 176

Recommendation on the promotion of employment and protection against the

unemployment.

The General Conference of the International Labour Organization:

Convened in Geneva by the Board of Directors of the International Labour Office, and gathered in that city on the 1st. June 1988 at its seventh meeting;

Having decided to adopt a number of proposals concerning the promotion of employment and social security, which is the fifth item on the agenda for the meeting

Having decided that these proposals are in the form of a recommendation that complements the Convention on the Promotion of Employment and Protection against Unemployment, 1988,

adopts, with a date of twenty-one of June of a thousand nine hundred and eighty-eight, this Recommendation, which can be cited as the Recommendation on the promotion of employment and protection against unemployment, 1988:

I. General provisions 1. For the purposes of this Recommendation:

(a) the term "legislation" includes laws and regulations, as well as statutory provisions on social security;

(b) the term "prescribed" means determined by or under national law;

(c) the term "Convention" means the Convention on the Promotion of Employment and Protection against Unemployment, 1988.

II. Promotion of productive employment

2. One of the priority objectives of National Policy should be to promote full and productive employment, which is freely chosen by all appropriate means, including social security. Such means should include, in particular, employment services and vocational training and guidance.

3. In the period of economic crisis, the adjustment policies should include, under prescribed conditions, measures to stimulate initiatives involving the maximum use of labour.

4. The Members should endeavour to grant, in the form of aid for professional mobility, under prescribed conditions and in the most appropriate manner, in particular:

(a) allocations that contribute to the costs of travel and material necessary to benefit from the services provided for in paragraph 2.;

(b) allowances paid in the form of periodic payments calculated in accordance with the provisions of Article 15 of the Convention during a prescribed period of professional training or retraining.

5. The Members should also provide for the granting of aid for professional or geographical mobility under prescribed conditions and in the most appropriate manner, in particular:

(a) decreasing temporary allocations to compensate, if necessary, the reduction in remuneration resulting from their professional reintegration;

(b) allocations that contribute to travel and travel expenses;

c) separation concept assignments;

d) Reinstallation allowances.

6. Members should ensure the coordination of statutory schemes and encourage the coordination of private pension schemes in order to remove obstacles to professional mobility.

7. Members should provide protected persons, under prescribed conditions, with facilities to enable them to have access to temporary paid jobs without endangering the jobs of other workers, in order to improve their own prospects of achieving a productive and freely chosen job.

8. Members should, as far as possible and under prescribed conditions, provide financial support and advisory services to the unemployed who wish to set up their own business or engage in other economic activity.

9. The Members should provide for the conclusion of bilateral and multilateral agreements providing for assistance to foreign workers protected by their legislation who wish to return freely to the territory of the State of which they are national or in which they were previously resident. In the absence of such agreements, Members should, under their legislation, grant financial assistance to the workers concerned.

10. The Members should, where appropriate, in accordance with the provisions of multilateral agreements, reverse the possible reserves accumulated by the statutory pension schemes and the provident funds and stimulate investment from private sources, including private pension schemes, with a view to promoting, and not discouraging, employment in the country, subject to the necessary guarantees in terms of security and performance of the investments made.

11. The progressive establishment of Community services in urban and rural areas, including health care services financed by social security contributions or other resources, should be used to increase jobs and to provide training to staff, contributing to the achievement of national objectives in the field of employment promotion at the same time.

III. Protection of the unemployed

12. In the case of partial unemployment and in the case provided for in paragraph 3. Under Article 10 of the Convention, compensation should be paid, under prescribed conditions, in the form of periodic payments which equitably compensate for the loss of earnings due to unemployment. These allowances could be calculated on the basis of the reduction in the duration of the work suffered by the unemployed person, or to be fixed at such a level as the total of the compensation and the profits obtained from the part-time work between the amount of the previous earnings for a full-time job and the amount of the total unemployment allowance, in order not to discourage part-time work and seasonal work when these forms of work may be encourage the return to full-time work.

13. (1) The percentages specified in Article 15 of the Convention for the calculation of compensation should be achieved by taking into account the gross earnings of the beneficiary, before the deduction of taxes and contributions to the social security.

2) When deemed appropriate, these percentages could be achieved by comparing net periodic payments of taxes and contributions with net income from taxes and contributions.

14. 1) Under the prescribed conditions, the concept of suitable employment should not be applied to:

(a) a job that involves a change of profession that does not take into account the skills, qualifications, skills, professional experience or readability of the person concerned;

(b) a job involving a change of residence to a place where there is no suitable housing facility;

(c) a job whose conditions and remuneration are significantly less favourable than those generally governing, at the time considered, in the profession and region in which employment is offered;

(d) a vacant job as a direct consequence of a work interruption caused by an ongoing labour conflict;

(e) a job in which, for a reason other than those referred to in paragraphs (a) to (d), and having regard to all the circumstances of the case, in particular the family responsibilities of the person concerned, cannot reasonably be criticised you will reject it.

2) In the assessment of the criteria set out in paragraphs (a) to (c) and (e) of the previous sub-paragraph, account should be taken, in general, of the age of the unemployed person, the age in their previous profession, the experience acquired, the duration of the period unemployment and the situation on the labour market, as well as the impact of this employment on the personal and family situation of the person concerned.

15. If an unemployed person has temporarily accepted, within the limits of a prescribed period, a job which would not be regarded as appropriate, having regard to the provisions of paragraph 14, or a part-time employment in the case referred to in paragraph 14, Paragraph 3. Article 10 of the Convention, the amount and duration of the unemployment benefits paid at the end of such employment should not be adversely affected by the amount of the income which the unemployment has obtained from them.

16. Members should seek to progressively extend the application of their legislation on unemployment benefits to all employees. However, it could be excluded from the protection of civil servants whose employment guarantees national legislation up to the normal retirement age.

17. Members should seek to protect workers who encounter difficulties during the waiting period.

18. To the categories of persons referred to in paragraph 1. Article 26 of the Convention should apply, as the case may be, to the following provisions:

(a) In the event of total unemployment, compensation should be calculated in accordance with the provisions of Article 16 of the Convention;

(b) The qualification period should be adapted or deleted under prescribed conditions for certain categories of new job applicants;

c) When allowances are granted without qualification period condition:

i) Waiting times should be able to be fixed at a prescribed duration;

(ii) The duration of the payment of compensation should be limited to the prescribed conditions, in spite of the provisions of paragraph 1. of Article 19 of the Convention.

19. Where the duration of the payment of compensation is limited by national legislation, it should be extended, under the prescribed conditions, to the age of admission to the old-age pension for the unemployed who have reached an age prescribed before the age of admission to the old age pension.

20. Members whose legislation provides for the right to medical care and subordinate them directly or indirectly to a condition of professional activity should endeavour to ensure, under prescribed conditions, medical assistance to unemployed persons, including, if possible, those who do not receive unemployment benefits, and those who are in charge of them.

21. The Members should seek in the prescribed conditions to ensure that the beneficiaries of unemployment benefits are taken into account for the periods in which the compensation is paid:

(a) For the acquisition of the right and, as the case may be, the calculation of invalidity, old age and survivor benefits;

(b) For the acquisition of the right to medical care, sickness and maternity benefits and family benefits, after unemployment is terminated, where the legislation of the Member provides for such benefits and direct or indirect indirectly the right to them to a condition of professional activity.

22. The Members should seek to adapt the legal systems of social security related to the pursuit of a professional activity to the conditions of the professional activity of part-time workers. The required adaptation, as provided for in Article 25 of the Convention, should relate in particular to:

(a) Minimum working durations and minimum amounts of earnings that condition the right to compensation in basic regimes and supplementary schemes;

(b) Maximum remuneration for the calculation of contributions;

(c) The qualifying period for entitlement to benefits;

(d) the arrangements for calculating cash benefits, and in particular pensions on the basis of earnings and the duration of the contribution, insurance or professional

;

e) The right to minimum benefits and flat-rate benefits, especially family benefits, without reduction.

23. Members should seek to foster a real understanding of the difficulties of unemployment, particularly those who have been unemployed for a long time, and their need for sufficient income.

IV. Development and improvement of protection systems

24. In view of the fact that, in a number of Member States, the development of a system of protection against unemployment is in its infancy, and that others may be forced to consider amendments to existing schemes, depending on the (a) the development of needs, different approaches may be legitimately adopted to help the unemployed, and Members should give high priority to a frank and comprehensive exchange of information on aid to the unemployed.

25. To achieve at least the rules laid down in the provisions of Part IV ("Unemployment benefits") of the Convention on Social Security (minimum standard), 1952, Members wishing to institute their unemployment protection scheme should be inspired, as far as possible and appropriate, in the following provisions.

26.1) Members should be aware of the technical and administrative difficulties involved in the planning and establishment of social security mechanisms for unemployment compensation. In order to introduce compensation arrangements providing for non-discretionary benefits, they should seek to bring together, as soon as possible, the following conditions:

(a) The institution and the satisfactory operation of a free public service) of employment with a network of placement offices and which has acquired sufficient administrative capacity to gather and analyse information on the job market, record job vacancies and applications and objectively verify personal situations of involuntary unemployment;

b) A reasonable level of implementation and a broad experience of the management of other social security branches considered to be social and economic priority, such as primary health care and compensation for social security. accidents at work.

2) Members should, as a matter of priority, address the conditions set out in sub-paragraph (1) above by promoting a sufficiently high level of stable employment offering appropriate wages and working conditions, in particular by means of appropriate and appropriate measures, such as vocational guidance and training, in order to facilitate the voluntary correspondence of qualifications with job vacancies on the labour market.

3) the International Labour Office's cooperation and technical advisory services should continue to be used to support any initiative taken by Members in this field, where national competences are insufficient.

4) Where the conditions referred to in sub-paragraph 1 are met, the Members should, as soon as possible, allow their resources and, where necessary in stages, to institute protection schemes for the unemployed, in particular mechanisms social security for the compensation of unemployment.

27. Where the conditions referred to in subparagraph (1) (1) of paragraph 26 are not met, the Members should give priority to the adoption of special measures to assist the unemployed most in need, on the basis of the resources available and the conditions of each country.

28. Members who have set up a national forecasting fund may be able to study the possibility of authorising, for the benefit of account holders in that fund whose earnings are interrupted due to long-term unemployment and whose family situation is precarious, the payment of periodic cash benefits to meet your essential needs. Limits may be set for the amount and duration of these benefits in the light of the circumstances and in particular the balance of the account.

29. Members could also encourage the establishment by employers 'and workers' organisations of assistance funds in the field of a company or a group of companies. This method could be useful in companies and sectors of activity which enjoy sufficient economic capacity.

30. Members whose legislation requires employers to pay compensation to workers who have lost their jobs should provide for employers to take this responsibility in common by creating a service for workers who have lost their jobs. funds financed by contributions from those employers, in order to ensure the payment of these allowances to the workers concerned.

Full and certified copy of the Spanish text.

By the Director General of the International Labour Office:

(Unreadable Signature)

The undersigned Head of the Legal Office of the Ministry of Foreign Affairs

NOTES:

That the present reproduction is faithful photocopy taken from the certified text, which rests in the Legal Office of this Ministry.

Dada en Santa Fe de Bogotá, D.C., a diciciocechio (18) days of the month of August of a thousand nine hundred and ninety-four (1994).

HECTOR ADOLFO SINTURA VARELA

the Head Legal Office

RECOMMENDATION 178

Recommendation on night work

The General Conference of the International Labour Organization, convened in Geneva by the Board of Directors of the International Labour Office, and gathered in that city on 6 June 1990, in its seventh meeting;

After deciding to adopt various proposals on night work, which is the fourth item on the agenda of the meeting, and

Having decided that these proposals are in the form of a recommendation that complements the Convention on Night Work, 1990;

Adopts, dated June twenty-six thousand nine hundred and ninety, the following Recommendation which can be cited as the Recommendation on Night Work, 1990:

I. General provisions

1. For the purposes of this Recommendation:

(a) The term "night work" means any work carried out during a period of at least seven consecutive hours, covering the interval between midnight and five in the morning and determined by the authority competent after consultation with the most representative organisations of employers and workers or through collective agreements;

(b) The term "night worker" means any salaried worker whose work requires hours of night work in a substantial number, exceeding a certain limit. This number shall be set by the competent authority after consultation with the most representative organisations of employers and workers, or by means of conventions.

2. This Recommendation applies to all salaried workers, with the exception of those employed in agriculture, livestock farming, fisheries, maritime transport and inland waterway transport.

3.1. The provisions of this Recommendation may be applied by means of national law, collective agreements, arbitration awards or court judgments, by means of a combination of these means or in any other manner to the conditions and the National practice. They should be implemented through national legislation in so far as they are not implemented by other means.

2. Where the provisions of this Recommendation are implemented through national legislation, the most representative organisations of employers and workers should be consulted in advance.

II. Duration of work and rest periods

4.1. The normal duration of the work of night workers should not exceed eight hours during any 24-hour period in which they carry out night work, except in cases where they comprise important periods of simple presence, waiting or availability, in cases where particular timetables have been established which give workers protection at least equivalent during different periods or in exceptional circumstances. recognised by collective agreements or, failing that, by the competent authority.

2. The normal duration of the work of night workers should generally be lower on average, and in no case higher on average, to the duration established for workers who perform during the day the same work with the workers. the same requirements, in the branch of activity or in the undertaking concerned.

3. Night workers should enjoy at least as much as the other workers, from the general measures aimed at reducing the normal duration of the working week and increasing the number of paid leave days.

5. 1. The work should be organised in such a way that, as far as possible, night workers are prevented from performing overtime hours before or after a working day in which night work has been carried out.

2. In occupations involving particular risks or an important physical or mental effort, night workers should not perform any extraordinary time before or after a working day in which work has been carried out. night, except in case of force majeure or actual or imminent accident.

6. When shift work involves night work:

(a) In no case should two consecutive shifts be performed at full time, except in case of force majeure or actual or imminent accident;

(b) it should be ensured, as far as possible, an 11-hour break at least between two shifts.

7. The working days in which night work has been carried out should include one or more breaks that allow workers to rest and feed themselves. In setting the timetable and the total duration of these breaks, account should be taken of the requirements which the nature of night work entails for workers.

III. Pecuniary compensation

8.1 Night work should generally lead to appropriate pecuniary compensation. Such compensation should be additional to the remuneration paid for an identical work carried out during the day, with the same requirements, and:

(a) should respect the principle of equal pay between men and women for the same work, or for work of equal value;

b) should be able to become, by agreement, in free time.

2. In determining the amount of such compensation, the extent to which the duration of the work has been reduced may be taken into account.

9. Where the pecuniary compensation for night work is a common element of the earnings of the night worker, it should be included in the calculation of the remuneration for the annual paid leave, the public holidays paid and the other absences normally paid, as well as in the determination of social security contributions and benefits.

IV. Security and health

10. Employers and workers ' representatives should be able to consult health services at work, where they exist, on the consequences of the various forms of organisation of night work, in particular when the equipment is rotated by rotation of equipment.

11. In determining the tasks assigned to night workers, account should be taken of the nature of night work, as well as the effects of environmental factors and forms of work organisation. Special attention should be given to factors such as toxic substances, noise, vibrations and levels of lighting, as well as to forms of work organisation which involve an important physical or mental effort. The cumulative effects of such factors and forms of work organisation should be avoided or reduced.

12. The employer should take the necessary measures to maintain during the night work the same level of protection against occupational risks as during the day, in particular by avoiding, as far as possible, the isolation of workers.

V. Social services

13. measures should be taken to limit or reduce the duration of the movement between the residence and the place of work of night workers, to avoid additional travel costs or to reduce these costs and to improve their safety When you scroll at night. These measures might include:

(a) The coordination between the hours at which they begin and the end of the working days in which night work is carried out and the schedules of local public transport services;

b) The provision by the employer of means of collective transport for night workers when there are no public transport services;

c) An aid that night workers can acquire an appropriate means of transport;

d) Payment of appropriate compensation for additional travel expenses;

e) The construction of housing units within a reasonable distance from the workplace.

14. measures should be taken to improve the quality of night workers ' rest. Such measures could include:

(a) Advice and, where appropriate, assistance to night workers for the sound isolation of their homes;

b) The design and conditioning of housing units that take into account the need to reduce noise levels.

15. Overnight workers should be made available to the night workers conveniently equipped in appropriate places of establishment.

16. The employer should take the necessary steps to ensure that workers who carry out night work can procure food and drink. Such measures, designed to meet the needs of night workers, could include:

(a) Make available food and beverages suitable for consumption during the night at appropriate locations in the establishment;

b) Facilitate access to facilities where they can, during the night, prepare or heat and consume the food they have taken.

17. The importance of night work at the local level should be one of the factors that would have to be taken into account when deciding to create childcare facilities and other services for young children when their placement is chosen. and when their opening hours are determined.

18. The specific problems of night workers should be duly taken into account by the public authorities, by other institutions and by employers in the framework of the measures taken in order to promote training and training. improvement, as well as the cultural, sporting and recreational activities of the workers.

VI. Other measures

19. At any time of your pregnancy, since you know it, the night workers who so request should be assigned to a day job, to the extent that this is feasible.

20. In the case of shift work, when establishing the composition of night teams, account should be taken of the particular situations of workers with family responsibilities, of which training and training courses are continuing. age workers.

21. Except in cases of force majeure or actual or imminent accident, workers should be informed at a reasonable time that they must carry out night work.

22. measures should be taken, where appropriate, to ensure that night workers enjoy training opportunities, such as other workers, with the inclusion of paid leave of study.

23.1. Night workers who have made a certain number of years of night work should be particularly taken into account.

to fill vacancies for daytime positions for which they meet the necessary qualifications.

2. These transfers should be prepared by providing, where necessary, the training of night workers in tasks normally carried out during the day.

24. Workers who for a considerable number of years have been employed as night workers should be particularly taken into account as regards the possibility of early or progressive voluntary retirement, where such possibilities exist.

25. Night workers who perform a trade union or staff representation function should be able to exercise that activity in appropriate conditions, as should other workers who assume the same function. The need to be able to assume the role of workers 'representation should be taken into account when decisions are taken on the assignment of workers' representatives to night work.

26. Statistics on night work should be improved and the study of the effects of different forms of night work should be intensified, particularly when it is carried out according to a shift system.

27. Scientific and technical progress, as well as innovations in the organisation of work, should be used wherever possible, in order to limit the use of night work.

Full and certified copy of the Spanish text, by the Director General of the International Labour Office,

FRANCIS MAUPAIN

Legal Counsel International Labour Office

The undersigned Head of the Legal Office of the Ministry of Relations

Foreign,

NOTES:

That the present reproduction is faithful copy taken from the certified text, which rests in the Legal Office of this Ministry.

Dada en Santa Fe de Bogotá, D. C., at eighteen (18) days of the month of August of a thousand nine hundred and ninety-four (1994).

HECTOR ADOLFO SINTURA VARELA

the Head Legal Office

RECOMMENDATION 179

Recommendation on working conditions in hotels,

similar restaurants and establishments

The General Conference of the International Labour Organization:

Convened in Geneva by the Board of Directors of the International Labour Office, and gathered in that city on June 5, 1991, at its seventh eighth meeting;

After deciding to adopt various proposals on working conditions in hotels, restaurants and similar establishments, which is the fourth point of the agenda of the meeting, and

After deciding, as a result of the adoption of the Convention on Working Conditions (hotels and restaurants), 1991, that these proposals are in the form of a complementary recommendation,

Adopts, with the date of twenty-fifth of June of a thousand nine hundred and ninety-one, the following Recommendation, which can be cited as the recommendation on working conditions (hotels and restaurants), 1991:

I. Provisions of a general nature

1. This Recommendation applies to workers, as defined in paragraph 3, employed in:

a) Hotels and similar establishments offering accommodation;

b) Similar restaurants and establishments serving meals or drinks, or both.

2. Members may, after consultation with the employers 'and workers' organisations concerned, extend the scope of this Recommendation to other related establishments providing tourist services.

3. For the purposes of this Recommendation, the expression 'interested workers' means workers employed in the establishments to which this Recommendation applies in accordance with the provisions of paragraphs 1 and 2, whatever the nature and duration of their employment relationship.

4.1. This Recommendation may be applied by national law, collective agreements, arbitration awards or court decisions, or in any other appropriate form compatible with national practice.

2. Members should:

(a) Preview effective monitoring of the implementation of the measures taken pursuant to this Recommendation, by means of an inspection service or by other means deemed appropriate;

(b) Encourage employers 'and workers' organisations concerned to actively encourage the implementation of the provisions of this Recommendation.

5. The general objective of this Recommendation is, while respecting the autonomy of the employers 'and workers' organisations concerned, to improve the conditions of the workers concerned and to bring them closer to those which they tend to be found among workers in other economic sectors.

II. Working hours and rest periods

6. Unless the methods referred to in subparagraph (1) of paragraph 4 otherwise provide, the term "working hours" refers to the time during which the worker is at the employer's disposal.

7.1. The measures taken to fix ordinary working hours and to regulate overtime should be subject to consultations between the employer and the workers concerned or their representatives.

2. The term 'employee representatives' means persons who are recognised as such under national law or practice in accordance with the Convention on Workers ' Representatives, 1971.

3. Overtime should be compensated with paid time off, a surcharge or surcharges for overtime worked, or higher remuneration, as determined by national law and practice and after consultation between the employer and the workers concerned or their representatives.

4. measures should be taken to ensure that working hours and overtime are calculated and recorded correctly and that the worker concerned has access to his/her registration.

8. Whenever possible, discontinuous schedules should be phased out, preferably by collective bargaining.

9. The number and duration of breaks for meals should be determined according to the uses and customs of each country or region, taking into account whether or not it is eaten in the establishment itself.

10.1. As far as possible, the workers concerned should be entitled to a weekly rest period which is not less than thirty-six hours, which, whenever feasible, should be uninterrupted.

2. Interested workers should be entitled to a daily rest period of ten consecutive hours on average.

11. In cases where the duration of the annual paid leave of the workers concerned is less than four weeks for a year of service, measures should be taken, either by collective bargaining or in accordance with national practice, to the progressive achievement of this level.

III. Training

12.1. The members, in consultation with employers 'and workers' organisations, should develop vocational education and training policies and programmes and managerial training in the various occupations in the labour market. hotels, restaurants and similar establishments or, where appropriate, to assist employers 'and workers' organisations and other institutions in establishing such policies and programmes.

2. The main objective of the training programmes should be to improve the qualifications and quality of the work, as well as the career prospects of the participants.

Full and certified copy of the Spanish text.

FRANCIS MAUPIN By the Director General of the International Labour Office,

Legal Counsel International Labour Office. The undersigned Head of the Legal Office of the Ministry of Foreign Affairs,

NOTES:

That the present reproduction is faithful copy taken from the certified text, which rests in the Legal Office of this Ministry.

Dada en Santa Fe de Bogotá, D. C., at eighteen (18) days of the month of August of a thousand nine hundred and ninety-four (1994).

HECTOR ADOLFO SYNTURA VARELA

the Head Legal Office

RECOMMENDATION 180

Recommendation on the protection of work credits in case

employer insolvency The General Conference of the

International Labor Organization:

convened in Geneva by the Board of Directors of the International Labour Office, and gathered in that city on 3 June 1992, at its seventh meeting;

Stressing the importance of the protection of labour credits in the event of the insolvency of the employer and recalling the provisions of Article 11 of the Convention on the Protection of Salary, 1949 and Article 11 of the Convention on compensation for accidents at work, 1925;

Noting that since the adoption of the Convention on the Protection of Salary, 1949, greater importance has been attached to the rehabilitation of insolvent companies and that, in view of the social and economic effects of insolvency, they should make efforts, wherever possible, to rehabilitate businesses and safeguard employment;

Noting that since the adoption of these standards, the legislation and practice of many Members have experienced significant developments in the sense of better protection of labour credits in the event of the insolvency of the employer; and Whereas it would be appropriate for the Conference to adopt new rules on labour credits;

Recognising that guarantee institutions, if they have been properly designed, offer greater protection for labour credits;

Having decided to adopt a number of proposals concerning the protection of labour credits in the event of the insolvency of the employer, which is the fourth item on the agenda of the meeting;

Having decided that these proposals are in the form of a recommendation supplementing the Convention on the protection of labour credits in the event of the insolvency of the employer, 1992, adopted on 23 June a thousand nine hundred and ninety-two, this Recommendation, which may be referred to as the Recommendation on the protection of labour credits in the event of the insolvency of the employer, 1992:

I. Definitions and methods of application

1.1) For the purposes of this Recommendation, the term "insolvency" means situations where, in accordance with national law and practice, a procedure relating to the assets of an employer has been opened. to pay their creditors collectively.

2) For the purposes of this Recommendation, members may extend the term "insolvency" to other situations in which the employment credits cannot be paid due to the financial situation of the employer, in particular the following:

(a) When the company has closed or ceased its activities, or is subject to a voluntary liquidation;

(b) Where the amount of the employer's assets is insufficient to justify the opening of insolvency proceedings;

(c) Where the sums due to the worker, on account of their employment, are in the collection of fees and it is established that the employer has no assets or that they are not sufficient to pay the debt in question;

(d) When the employer has passed away, his or her estate has been placed in the hands of an administrator and the sums due with the asset of the succession cannot be paid;

3) The extent to which the employer's assets will be subject to the procedures set out in sub-paragraph 1) should be determined by national law or practice.

2. The provisions of this Recommendation may be implemented through legislation or by any other means in accordance with national practice.

II. Protection of labour credits by means of a privilege.

Protected Credits

3. 1. The protection conferred by a privilege should cover the following credits:

(a) Salaries, overtime premiums, commissions and other forms of remuneration, corresponding to the work carried out during a given period, immediately preceding the insolvency or termination of the relationship This period should be laid down in national legislation and should not be less than 12 months;

(b) The sums due for paid leave corresponding to the work carried out in the course of the year in which the insolvency or termination of the working relationship has occurred, as well as those corresponding to the previous year;

(c) The sums due in respect of other paid absences, year-end premiums and other premiums laid down in national legislation, collective agreements or individual contracts of employment, for a period of time determined that it should not be less than 12 months prior to the insolvency or termination of the working relationship;

d) Any payment due in replacement of the redundancy notice;

(e) indemnities at the end of the service, compensation for unjustified dismissal and other sums due to the workers on the basis of termination of their employment relationship;

(f) Compensation for occupational accidents and occupational diseases, when they are run directly by the employer.

2. The protection conferred by a privilege could cover the following credits:

(a) Quotations due under national statutory social security schemes, where their non-payment damages workers ' rights;

(b) Contributions due to private social protection schemes, whether professional, inter-professional or business, which exist independently of national social security schemes, where their non-payment is due prejudice the rights of workers;

(c) the benefits to which workers have the right before insolvency, by virtue of their participation in social protection schemes of the undertaking and whose payment is the responsibility of the employer.

3. The claims listed in sub-paragraphs 1 and 2 which have been recognised as a worker by a court judgment or an arbitral award in the 12 months preceding insolvency should be covered by the privilege irrespective of the time limits referred to in those sub-paragraphs

Limitations

4. where the amount of the credit protected by a privilege is limited by national legislation, so that it is not less than a socially acceptable minimum, such amount should take into account variables such as the minimum wage, the (a) the minimum wage, the salary to be used as the basis for calculating social security contributions or the average wage in the industry.

Credits due after the start date of the insolvency procedure

5. Where, under national law, the continuation of the activities of an undertaking which is the subject of insolvency proceedings is authorised, the labour credits corresponding to the work carried out from the date on which it is (i) the decision of the Council of the European Parliament and of the Council of the European Parliament.

Soon Payment Procedures

6.1. Where the insolvency proceedings do not allow the quick payment of the work credits protected by a privilege, there should be an early payment procedure for such claims to be paid, without waiting for the end of the insolvency proceedings, with the funds available or as soon as they become available, unless the early payment of the work credits is secured by a guarantee institution.

2. The early payment of the labor credits could be assured as follows:

(a) The person or institution responsible for administering the estate of the employer should pay such claims, having verified its authenticity and enforceability;

b) In the event of a challenge, the worker should be entitled to make the validity of his claims recognised by a court or any other body competent in the matter, in order to obtain the payment in accordance with paragraph (a).

3. The early payment procedure should cover the entire credit protected by a privilege, or at least part of it, as set out in the national legislation.

III. Protection of work credits by a Guarantee Institution

Application field

7. The protection of labour credits by a guarantee institution should be as broad as possible.

Operating principles

8. The guarantee institutions could function in accordance with the following principles:

a) should have administrative, financial and legal autonomy with respect to the employer;

b) Employers should contribute to their funding, unless it is fully secured by the public authorities;

(c) should assume their obligations to the protected workers, whether or not the employer has complied with their eventual obligations to contribute to their financing;

(d) They should assume, in the alternative, the obligations of insolvent employers, as regards the claims protected by the guarantee, and be able to subrogate themselves to the rights of the workers to whom they have paid benefits;

e) Funds administered by the guarantee institutions that do not come from the Public Erarium could not be used but for the purposes for which they were collected.

Warranty-protected credits

9.1. The guarantee should protect the following credits:

(a) Salaries, overtime premiums, commissions and other forms of remuneration for work carried out over a given period, which should not be less than the three months preceding the insolvency or the termination of the work relationship;

(b) The sums due for paid leave corresponding to the work carried out in the course of the year in which the insolvency or termination of the working relationship has occurred, as well as in the previous year;

(c) End-of-year premiums and other premiums provided for by national legislation, collective agreements or individual contracts of employment, for a given period, which should not be less than the preceding 12 months the insolvency or termination of the working relationship;

(d) The sums due in respect of other paid absences, corresponding to a given period, which should not be less than the three months preceding the insolvency or termination of the working relationship;

e) Any payment due in replacement of the redundancy notice;

(f) Compensation at the end of the service, compensation for unjustified dismissal and other sums due to the worker on the basis of termination of the working relationship;

(g) Compensation for occupational accidents and occupational diseases, where they are directly carried out by the employer.

2. The warranty could protect the following credits:

(a) Quotations due under national statutory social security schemes, where their non-payment damages workers ' rights;

(b) Quotations due under private social protection schemes, whether professional, inter-professional or business, which exist independently of national statutory social security schemes, where their non-payment prejudice the rights of workers;

(c) the benefits to which workers have the right before insolvency by virtue of their participation in the social protection schemes of the undertaking and whose payment falls to the employer;

(d) Salaries or any other form of remuneration compatible with this paragraph recognised as a worker by a court judgment or arbitral award given in the three months preceding insolvency.

Limitations

10. Where the amount of the credit protected by a guarantee institution is limited, so that it is not less than a socially acceptable minimum, it should take into account variables such as the minimum wage, the immebargable fraction of the salary, the salary (a) to be used as a basis for calculating social security contributions or the average wage in the industry.

IV. Provisions common to Parts II and III.

11. Workers or their representatives should receive timely information and be consulted in relation to insolvency proceedings which have been opened and which are related to labour credits.

The undersigned Head of the Legal Office of the Ministry of Foreign Affairs,

NOTES:

That the present reproduction is faithful photocopy taken from the certified text, which rests in the Legal Office of this Ministry.

Dada en Santa Fe de Bogotá, D. C., at eighteen (18) days of the month of August of a thousand nine hundred and ninety-four (1994).

HECTOR ADOLFO SINTURA VARELA

the Head Legal Office

EXECUTIVE BRANCH OF PUBLIC POWER

PRESIDENCY OF THE REPUBLIC

Santa Fe de Bogota, D. C.

Approved. Submit to the consideration of the honorable National Congress for Constitutional Effects.

(Fdo.) CESAR GAVIRIA TRUJILLO

(Fdo.) NOEMI SANIN DE RUBIO

The Foreign Minister

DECRETA:

ARTICLE 1o. Approve the " Recommendations 171 on Health Services at Work; 172 On the Use of Asbestos in Safety Conditions; 173 On the Welfare of Seafarers at Sea and in port; 174 On the repatriation of seafarers; 176 On the promotion of employment and protection against unemployment; 178 On night work; 179 On working conditions in hotels, restaurants and similar establishments and 180 on the protection of labour credits in the event of the insolvency of the employer ", adopted by the General Conference of the International Labour Organization.

Ir al inicio

ARTICLE 2o. This Law governs from the date of its publication.

LUIS FERNANDO LONDONO CAPURRO

The President of the honorable Senate of the Republic

PEDRO PUMAREJO VEGA

The Secretary General of the honorable Senate of the Republic

GIOVANNI LAMBOGLIA MAZZILLI

The President of the Honourable House of Representatives

DIEGO VIVAS TAFUR

The Secretary General of the Honourable House of Representatives

COLOMBIA-NATIONAL GOVERNMENT

PUBLISH AND EXECUTE

Dada en Santa Fe de Bogota, D. C., 16 January 1997

Execute a review of the Constitutional Court in accordance with Article 241 -10 of the Constitution.

ERNESTO SAMPER PIZANO

MARIA EMMA MEJIA VELEZ

The Foreign Minister

ORLANDO OBREGON SABOGAL

The Minister of Labour and Social Security

Ir al inicio