On The Convention On Forced Or Compulsory Labour

Original Language Title: o Úmluvě o nucené nebo povinné práci

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=38869&nr=506~2F1990~20Sb.&ft=txt

506/1990 Coll.



The communication from the



the Federal Ministry of Foreign Affairs



The Federal Ministry of Foreign Affairs says that the 28 June. June

1930 was on 14. meeting of the General Conference of the international organization

work accepted the Convention on forced or compulsory labour (No 29). The ratification of the

The Czechoslovak Republic Convention was registered on 30 November. October 1957

Director General of the International Labour Office. According to article 28

The Convention entered into force for the Czechoslovak Republic on 30 April 2005.

October 1958.



Czech translation of the Convention shall be published at the same time.



Convention No. 29



The Convention on forced or compulsory labour



The General Conference of the International Labour Organization, which was convened

The Administrative Council of the International Labour Office in Geneva, and there met the day

on June 10, 1930, at its fourteenth session,



rozhodnuvši will accept some suggestions regarding forced or compulsory

the work, which are the first point of the agenda of the session, and



stanovivši, that these proposals will take the form of an International Convention, it accepts

28 June 1999. June 1930 this Convention, which will be referred to as the Convention on the

forced labour, 1930, and is subject to ratification by Member States of the international

Organization of work under the provisions of the Constitution of the International Labour Organisation.



Article 1



1. each Member State of the international labour organisation which ratifies

This Convention undertakes that in the shortest possible time to suppress the use of forced

or compulsory labour in all its forms.



2. With a view to this complete suppression, can be for a transitional period

have recourse to forced or compulsory work exclusively for public purposes and only

exceptionally, and subject to the conditions and guarantees, which are also set out.



3. the Governing Council of the International Labour Office after the expiry of the period of five years

the date on which this Convention enters into force, to prepare a report

provided for in article 31 below, will consider the possibility to suppress without further

a transitional period of forced or compulsory work in all its forms

and decide if it is appropriate to put on the agenda of the Conference the question.



Article 2



1. for the purposes of this Convention, the expression "forced or compulsory labour"

refer to any work or service which is exacted from any person

under threat of any penalty and for which the said person has not put forward

on a voluntary basis.



2. However, for the purposes of this Convention, the term "forced or compulsory labour"

does not include:



and no work or service) merely on the basis of the laws on compulsory

military service for the work of a purely military nature;



(b)) any work or service that forms part of normal civil

the obligations of the citizens of countries that are fully managed by itself;



(c) any work or service) that is on any person enforced in

as a result of a conviction by a court decision, when such work or service

It exercises under the supervision and control of a public authority and if the said

a person rent or does not make available to private individuals,

private companies or private legal persons;



d) any work or service merely required in cases of exceptional circumstances,

that is, in cases of war, imminent disaster or disasters such as fire,

flood, famine, earthquake, violent epidemic or animal diseases

(epidemic), invasion of the animals, insects or harmful plant

parasites, and in general all circumstances which endanger or are likely to

endanger the life or normal living conditions of the population, or

parts thereof;



e) smaller municipal services that being carried out by members of the community in its

direct interest, can therefore be considered as normal civic obligations

attributable to members of the community, if the members of the municipalities or their direct

representatives of the right to be consulted on the need of such services.



Article 3



For the purposes of this Convention the expression "competent authority" shall mean either the Office

the metropolitan country or the highest central authority of the territory.



Article 4



1. the competent authority will not store or allow the storage of forced or

compulsory labour for the benefit of private individuals, private

company or private legal persons.



2. If there is such forced or compulsory labour for the benefit of private

individuals, private companies, or private legal entities in

day on which the Director General of the International Labour Office writes to the ratification of the

of this Convention by a Member State, that Member State completely such

forced or compulsory work, starting from the date on which this Convention for him

becomes effective.



Article 5



1. no privilege granted to private individuals, private companies

or private legal persons will not result in any form of

forced or compulsory labour for the production or for getting the products to which

These private individuals, these private companies or the private

legal persons use or with whom they trade.



2. Where there are privileges which include provisions for

effect of such forced or compulsory work, these provisions will be

cancelled as soon as possible, in order to comply with article 1 of this Convention.



Article 6



Administrative officials, even if they have the obligation to keep the population over which

they have the power, to some form of work, not to coerce this

population or its individual members to work for the private

individuals, private companies, or to private legal entities.



Article 7



1. Chiefs who exercise administrative functions shall not resort to

forced or compulsory labour.



2. Chiefs who exercise administrative functions, will be able to

the express authorization of the competent authority to resort to forced or compulsory

work under the conditions laid down in article 10 of this Convention.



3. Chiefs who are duly recognised and who do not receive adequate

remuneration in other forms, they can enjoy the personal service, if they are

properly regulated, and if all necessary measures are taken to

ensure that they are not misused.



Article 8



1. for each decision that can have recourse to forced or compulsory work,

the highest civil authority shall bear the responsibility of the territory.



2. However, the Office may delegate to the highest local authority permissions

store forced or compulsory work that does not result in remote

workers out of their habitual residence. For the period and under the conditions

will be laid down in the regulations referred to in article 23 of this Convention may

This Office also migrate to the highest local authorities permission to save

forced or compulsory work that results in remote workers from

their habitual residence, if the point is to facilitate the movement of

administrative officials in the performance of their duties and for the transport of goods

Administration.



Article 9



If nothing else is stipulated in article 10 of this Convention, each Office

competent to impose forced or compulsory labour, before deciding that the

You can resort to this form of work, satisfied



a) that the work or service to be performed is in the important direct

the interest of the municipality authorised to be spent;



(b)) that the work or service is currently or imminently necessary;



(c)) that offer wages and working conditions, rather than the less-favoured,

than those which apply in the appropriate area for similar work or

the service could not obtain voluntary labour for the performance of

such work or service;



(d)) that with respect to the achievable work force and their work

the eligibility of the work or service will not save the current population burden

too hard.



Article 10



1. Forced or compulsory labour, which is required as a tax, and the compulsory or

compulsory labour, the chiefs engaged in administrative scope store

for work in the public interest, will be gradually deleted.



However, for the time being 2, where forced or compulsory labour as required

tax and in cases where forced or compulsory work for work in

public interest store chiefs performing administrative functions,

the competent authority shall satisfy itself, in advance



a) that the work or service to be performed is in the important direct

the interest of the municipality called its execution;



(b)) that the work or service is currently or imminently necessary;



(c)) with a view to reach the work force and their work

the eligibility of the work or service will not save the current population burden

too hard;



(d)) that the work or service will not result in remote workers from

their habitual residence;



(e)) that the exercise of the work or services will be managed in accordance with the requirements of

religion, social life and agriculture.



Article 11



1. Only adult able-bodied men whose age may not be lower

than 18 or more than 45 years old, will be able to be subjected to forced or compulsory

job. Distinction, the types of work referred to in article 10 of this Convention will be

apply these restrictions and conditions:



a) wherever possible, the previous findings of the doctor appointed by the

administrative authority that the person concerned does not suffer from any contagious disease and

that are disabled are eligible for the work and the conditions under

which is to be performed;



(b) exemption of school teachers and) students and administrative staff at all;



(c) the retention of a number of adults) and physically capable men in each

the village, which is necessary for the family and social life;




d) investigation, volumes, marriage and family.



2. the rules laid down in article 23 of this Convention shall designate for the purposes of =

above in point (c)) of the previous paragraph relative number of resident and

adults physically capable men, which can at any time call upon the compulsory

or compulsory work, and the relative number of shall never exceed the

25%. When you specify this relative number of the competent authority shall take into account

population density, its social and physical development, annual

period, and the work you have a competent person to carry out in the place of the

your own scores, and will ensure economic and social needs

the normal life of the community.



Article 12



1. the maximum period for which a person may be summoned to compulsory

or compulsory work of any kind, shall not exceed sixty days per

period of 12 months including the following sixty days days spent

on the way to the place of work and from this place.



2. any person authorized to forced or compulsory work will be provided with a

certificate stating the time spent on such work.



Article 13



1. the Normal working hours of any person called to the forced or compulsory

the work will be the same as those that apply to the work of the volunteer, and hours

worked over the normal working hours will be paid according to the rates

paying for overtime hours of work done on a voluntary basis.



2. All persons subjected forced or compulsory work of any kind

will be guaranteed one day of rest per week and that day will be, if possible,

to coincide with the date designated by the customs of the territory concerned or tradition or

region.



Article 14



1.0. Except for forced or compulsory labour provided for in article 10 of this Convention

will be forced or compulsory labour of all kinds paid in cash by the

rate not lower than the rates applicable to similar kinds of work

either in the district in which the worker is employed, or at the area from which

He was called up, depending on which of them are higher.



2. In cases where the work saved the chiefs in the performance of its administrative

the features will be introduced as soon as possible the payment of wages under the conditions laid down

in the previous paragraph.



3. the Salary will be paid to each worker individually and not its

trunk Chief or any other official actors.



4. the days spent on the way to the place of work and from this place will be for

payment of wages to count as working days.



5. This article does not prevent that the workers did not provide

the usual combat rations as part of wages, taking these benefits must

at least equal to the amount of cash you want to represent. But no

deductions from wages shall not be carried out on the payment of taxes, on a special diet,

dressing or accommodation that will be provided to workers

to preserve their ability to continue to work under special conditions

their employment, or for the provision of tools.



Article 15



1. all the legislation on compensation for accidents at work or occupational diseases and

all legislation providing for compensation for family members

nutrition of dependent on a deceased or disabled workers, which is

or will be in effect in the relevant territory, will apply to persons

subjected to forced or compulsory labour under the same conditions as the

voluntary workers.



2. Every official agent employing the worker forced or compulsory

work will always be required to ensure the needs of the

the worker, if an accident at work or occupational disease have made

totally or partially unable to take care of your needs and take action,

to ensure the upkeep of all people actually on such

the worker's age when incapacity for work or death

as a result of an accident at work.



Article 16



1. except where exceptionally necessary shall not be subjected to forced

or compulsory labour moved into areas in which nutrition and

climates were so different from those on which they are keen that the compromise

their health.



2. In no event shall the transfer of such workers allowed,

If you are not able to be accurately implemented all measures relating to the

hygiene and accommodation, which is the need to make such personnel

adapt to the situation and to maintain their health.



3. If such relocation is unavoidable, will be on the basis of vocational

medical recommendations made in the gradual adaptation of

workers new nutrition and climatic conditions.



4. in cases in which these workers are called upon to carry out

regular work for which are not accustomed, measures shall be taken to

ensure that this kind of work get used, in particular as regards

gradual training, working hours, breaks and rest periods and

to improve or increase food benefits, which would have to be.



Article 17



Before enabling the use forced or compulsory labour for the construction or

maintenance work that forces the workers to remain in the workplace for a considerable

time, the competent authority shall satisfy itself



1) that all necessary measures have been taken to preserve the health of the

workers and to provide necessary medical care for them and, in particular:



and) that such workers are medically inspected before work commences and

they will be medically searched within the time limits the duration of the

employment,



(b)) that ensure adequate medical staff, as well as dispensaries

medicines, dispensaries, hospitals and material necessary to satisfy all

requirements, and



(c)) that are good health conditions and that have been satisfactorily

secured supply of drinking water, food, fuel and cooking utensils and

If necessary, accommodation and clothing;



2) that appropriate steps are taken to ensure the basic needs of families

workers, in particular that was made easier by the safe remittance of payroll section

the family at the request of or with the consent of workers;



3) that the path of workers at the workplace and out of it will take place at the expense of

and under the responsibility of the Administration, that these paths makes it easier, using what

most of all available means of transport;



4) that when illness or injury which results in incapacity for work after

for some time, the worker will be sent home at the expense of leadership;



5) that any worker who would have wanted after the expiry of their period of forced

or compulsory labour remain in place as a voluntary, it will

able to do so without for two years will invalidate the right to make free

sent home.



Article 18



1. Forced or compulsory labour for the transport of persons or goods, such as work

carriers and rowers will be removed within a period as short as possible. Up to this

the competent authority shall issue removal provisions specifying in particular:



and that these work) force will only be used to facilitate

the movement of officials in the exercise of their functions or for the

transport material management or in cases of urgent need for

carriage of persons other than officials;



(b)) that they employed only men recognised the previous medical

a tour for people capable of this work, at any time, this tour

Maybe, and if this is not feasible, that a medical examination of the person

employing these workers satisfied under its own responsibility that the

they are able-bodied and that do not suffer from any contagious disease;



(c)) the maximum load that these workers are allowed to wear;



(d)) the maximum distance from the place of their residence, to which there may

be used;



(e)) the maximum number of days per month or for any other period that may be

called čítajíc in this number of days spent on the way back to the

their place of residence;



f) persons who are entitled to request this form of forced or compulsory

work, as well as the extent to which they are entitled to require it.



2. in determining the maxim referred to in points (c)), d) and (e))

paragraph, the competent authority will have regard to all relevant factors,

in particular, the physical development of the population, from which workers are

povoláváni, the nature of the country they must travel, and climatic conditions.



3. the competent authority also establishes that the normal daily journey of such

workers shall not exceed the distance corresponding to the average an eight-hour

the working day, and of course, it will take into account not only the weight,

to carry, distance to travel, but also to

the State of the trip, the season, and all other significant facts, and

that, if the stores for more hours over the normal daily journey, will be

These additional hours paid at the rates higher than rates

normal.



Article 19



1. the competent authority shall authorize the use of compulsory tillage only to

avoid hunger or food insecurity, and always with the proviso that

food or products obtained in this way will remain the property of the individuals

or of the municipality which is produced.



2. If the production is by law or custom, organised at the municipal

basis, and if the products remain or proceeds from the sale of these products in the

the ownership of the village, this article should not be construed as zrušoval

the commitment of the members of the village to perform the work required under the law, municipalities as follows

or habit.



Article 20



Collective punishment laws under which may be the whole village


punished for crimes committed by some of its members, will not be

include provisions for forced or compulsory work the village as one of the

methods of punishment.



Article 21



Forced or compulsory labour shall not be used for underground work in mines.



Article 22



The annual reports which the Member States undertake to this Convention ratifikující

to submit to the International Labour Office in accordance with the provisions of article 22 of the Constitution

The International Labour Organisation on measures have made to perform

the provisions of this Convention, the relevant territory for each contain what

the most comprehensive data on the extent to which this territory received compulsory

or compulsory labour, about the purposes for which this work was performed, about

morbidity and mortality, on working time, on ways of payment of wages and

the wage rates, as well as other serious data.



Article 23



1. in order to implement the provisions of this Convention, the competent authority shall give full

and precise regulations on the use of forced or compulsory labour.



2. these regulations shall contain, inter alia, rules allowing each

a person subjected to forced or compulsory labour, to submit to the authorities

all complaints about working conditions, and ensuring that these

the complaint will be investigated and discussed.



Article 24



In all cases, will be taken reasonable measures to ensure

the exact implementation of the rules on the use of forced or compulsory labour,

either by the use of forced or compulsory work will extend the scope of the

labour inspectorates set up for the supervision over the work of a voluntary or

by some other appropriate means. Measures will also be taken to

ensure that persons subjected to forced or compulsory labour were

familiar with these regulations.



Article 25



Illegal enforcement of forced or compulsory labour shall be subject to punishment as

crime and ratifikující, each Member State will be obliged to this Convention

to ensure that the penalties imposed by law are really effective and that are

consistently stored.



Article 26



1. each Member State of the international labour organisation which ratifies

This Convention undertakes that it will perform in the territories conquered

its sovereignty, jurisdiction, protection, sovereignty, guardianship or

statutory authority, to the extent in which it has the right to make commitments

regarding the issues of internal competence. However, if the Member's

apply the provisions of article 35 of the Constitution of the advantages of an international organization

work, connects to its ratification a declaration stating:



1) territory in which it intends to carry out the provisions of this Convention without modification;



2) the territory in which it intends to carry out the provisions of this Convention with modifications,

and what are these changes;



3) territory in respect of which reserves its own decision.



2. Such a declaration shall be considered an integral part of the

ratification and will have the same effects as ratification. Each Member

State which makes such a statement, the new statement will be able to

waive in whole or in part the reservations contained in its previous

Declaration on the basis of the above paragraphs 2 and 3.



Article 27



The formal ratifications of this Convention under the conditions set by the Constitution

The international labour organisation shall be notified to the Director-

The International Labour Office and written by him.



Article 28



1. this Convention undertakes to only those Member States whose ratification was

registered at the International Labour Office.



2. Shall take effect twelve months after the date the Director writes

the ratification of the two Member States of the International Labour Organisation.



3. For each Member State, this Convention shall take effect twelve

months after the date on which its ratification has been registered.



Article 29



Once at the International Labour Office registered the ratification of two

the Member States of the International Labour Organization, the Director-General

The International Labour Office shall notify all Member of this fact

States of the International Labour Organisation. It is also informed about the registration of the

ratification, which will later be sent to other Member States

the organization.



Article 30



1. each Member which has ratified this Convention may denounce it

After the expiration of ten years from the date on which this Convention first acquired

the effectiveness of written communication, the Director General of the International Office

work that is writes. Denunciation shall take effect one year after the date on which the

It was registered.



2. each Member State that has ratified this Convention and which does not apply

rights to terminate her under this article during the year following

the expiry of the period of ten years, as indicated in the previous paragraph, the

bound by the Convention for another five years and then it will be able to terminate

on the expiry of the five-year period under the conditions referred to in this

article.



Article 31



Always, if deemed necessary, the Governing Board of the International Office

work shall submit to the General Conference a report on the implementation of this Convention, and

examine whether it is advisable to put on the agenda of the General Conference

the question of its full or partial revision.



Article 32



1. the General Conference adopt a new Convention revising all or

partly this Convention, ratification of the new revising Convention State causes

ipso jure the immediate termination of this Convention, notwithstanding the provisions of article

30, provided that the new revising Convention enters into force.



2. From the time when the new revising Convention enters into force, this Convention

Member States shall cease to be open to ratification.



3. This Convention shall remain in force both in form and content for those

Member States which have ratified it, and that have not ratified the revising

the Convention.



Article 33



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