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RS 0.822.725.0 Convention no 150 of 26 June 1978 concerning the administration of work: role, functions and organisation

Original Language Title: RS 0.822.725.0 Convention no 150 du 26 juin 1978 concernant l’administration du travail: rôle, fonctions et organisation

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0.822.725.0

Original text

Convention n O 150 for job administration: role, functions, and organization

Concluded at Geneva on 26 June 1978

Approved by the Federal Assembly on December 16, 1980 1

Instrument of ratification deposited by Switzerland on 3 March 1981

Entry into force for Switzerland on 3 March 1982

(State on 20 March 2013)

The General Conference of the International Labour Organization,

Convened in Geneva by the Governing Council of the International Labour Office, meeting on 7 June 1978, at its sixty-fourth session;

Recalling the terms of existing international labour conventions and recommendations-in particular the Labour Inspection Convention, 1947 2 , of the Convention on Labour Inspection (Agriculture), 1969, and the Employment Service Convention, 1948 3 -who request the implementation of certain specific activities under the administration of labour;

Whereas it is desirable to adopt instruments providing guidance on the system of work administration as a whole;

Recalling the terms of the Employment Policy Convention, 1964 and the Convention on the Development of Human Resources, 1975; also recalling the objective of full and suitably paid employment, and convinced of the need to adopt A policy for the administration of work which is such as to enable this objective to be pursued and to give effect to the aims of those conventions;

Recognising the need to fully respect the autonomy of employers'and workers' organisations; recalling in this respect the terms of the international conventions and recommendations of the existing work which guarantee freedom and Union and organizational rights and collective bargaining-particularly the Convention on Freedom of Association and the Protection of the Right to Organists, 1948 4 , and the Right to Organising and Collective Bargaining Convention, 1949 5 -and which prohibit all acts of interference by public authorities in order to restrict or hinder their legal exercise; whereas employers'and workers' organisations play an essential role in the Pursuit of the objectives of economic, social and cultural progress;

After deciding to adopt certain proposals relating to the administration of work: role, functions and organization, which is the fourth item on the agenda of the session;

After deciding that these proposals would take the form of an international convention,

Adopts, This twenty-sixth day of June, nine hundred and seventy-eight, the following convention, which will be referred to as the Convention on Labour Administration, 1978:

Art. 1

For the purposes of this Agreement:

(a)
The term "administration of labour" refers to the activities of the public administration in the field of national labour policy;
(b)
The terms "system of work administration" cover all bodies of the public administration responsible for or responsible for the administration of work-whether they are ministerial administrations or public institutions, including the Para-state organisations and regional or local administrations or any other decentralised form of administration-as well as any institutional structure established to coordinate the activities of these bodies and to ensure consultation And the participation of employers, workers and their organisations.
Art. 2

Any Member ratifying this Convention may delegate or entrust, under national law or practice, certain activities of the administration of work to non-governmental organizations, including organizations Employers and workers, or-where appropriate-representatives of employers and workers.

Art. 3

Any Member ratifying this Convention may consider certain activities, subject to its national labour policy, to be part of the questions which, under national law or practice, are settled by the action Direct negotiations between employers'and workers' organisations.

Art. 4

Any Member ratifying this Convention shall, in an appropriate manner in accordance with national conditions, ensure that a system for the administration of work is organised and operated effectively on its territory, and that the tasks and Assigned responsibilities are appropriately coordinated.

Art. 5

1. Any Member ratifying this Convention shall adopt provisions adapted to national conditions with a view to ensuring, within the framework of the system of administration of work, consultations, cooperation and negotiations between Public authorities and employers'and workers' organisations which are the most representative, or-where appropriate-representatives of employers and workers.

2. To the extent that this is compatible with national legislation and practice, these provisions will have to be taken at national, regional and local level as well as in the various sectors of economic activity.

Art. 6

1. The competent bodies within the labour administration system shall, as appropriate, be responsible for the preparation, implementation, coordination, monitoring and evaluation of the national labour policy, or participate in Each of these phases, and be, within the framework of public administration, the instruments for the preparation and implementation of the legislation implementing it.

2. In particular, taking into account relevant international labour standards:

(a)
To participate in the preparation, implementation, coordination, monitoring and evaluation of the national employment policy in accordance with national legislation and practice;
(b)
To study in a manner monitored the situation of persons who are employed, as well as persons who are unemployed or underemployed, in the light of national legislation and practice relating to working, employment and living conditions To draw attention to the shortcomings and abuses noted in this area and to submit proposals on how to remedy them;
(c)
Offer their services to employers and workers and their respective organisations, under the conditions permitted by national legislation or practice, with a view to promoting, at national, regional and local level, as well as Various sectors of economic activity, consultations and effective cooperation between public authorities and bodies and employers'and workers' organisations, as well as between these organisations;
(d)
Respond to requests for technical advice from employers and workers, as well as from their respective organizations.
Art. 7

If the national conditions so require in order to satisfy the needs of the widest possible number of workers and to the extent that such activities have not yet been carried out, any Member ratifying this Convention shall encourage The extension, where appropriate, of the functions of the work administration system so as to include activities which will be carried out in collaboration with other relevant bodies and which will concern working conditions and Professional life of categories of workers who, in the eyes of the law, are not Employees, including:

(a)
Farmers who do not employ foreign labour, sharecroppers and similar categories of agricultural workers;
(b)
Self-employed workers who do not employ outside labour, occupied in the informal sector as defined in national practice;
(c)
Co-workers and workers in self-managed businesses;
(d)
Persons working within a framework established by custom or community traditions.
Art. 8

To the extent that national legislation and practice so permit, the competent bodies within the labour administration system will have to participate in the preparation of national policy in the field of international relations of the Work and representation of the State in this field and in the preparation of measures to be taken to that effect at the national level.

Art.

In order to ensure appropriate coordination of the tasks and responsibilities of the system of work administration, as determined in accordance with national legislation or practice, the Ministry of Labour or any other body Should have the means to verify that the para-state bodies responsible for certain activities in the field of labour administration and the regional or local bodies to which such activities would have been delegated act In accordance with national legislation and in accordance with the objectives set for them.

Art. 10

Personnel assigned to the work administration system shall be made up of persons suitably qualified to perform the duties assigned to them, having access to the training necessary for the performance of those functions and Independent of any undue external influence.

2. This staff shall enjoy the status, the material resources and the financial resources necessary for the effective performance of its functions.

Art. 11

The formal ratifications of this Convention shall be communicated to and registered by the Director General of the International Labour Office.

Art. 12

(1) This Convention shall only bind the Members of the International Labour Organization whose ratification has been registered by the Director General.

2. It shall enter into force twelve months after the ratifications of two Members have been registered by the Director General.

3. Thereafter, this Convention shall enter into force for each Member twelve months after the date on which its ratification has been registered.

Art. 13

1. Any Member having ratified this Convention may denounce it at the expiration of a period of ten years after the date of the initial entry into force of the Convention by an act communicated to the Director General of the International Labour Office And by registered him. The denunciation shall take effect only one year after being registered.

2. Any Member having ratified this Convention which, within one year of the expiration of the ten-year period referred to in the preceding paragraph, shall not make use of the right of denunciation provided for in this Article shall be bound For a new period of ten years and thereafter may denounce this Convention at the expiration of each ten-year period under the conditions laid down in this Article.

Art. 14

The Director General of the International Labour Office shall notify all Members of the International Labour Organization of the registration of all ratifications and denunciations made available to it by the Members of the Organization.

2. By notifying the Members of the Organization of the registration of the second ratification which has been communicated to it, the Director General shall call the attention of the Members of the Organization on the date on which this Convention enters into force Vigor.

Art. 15

The Director-General of the International Labour Office shall communicate to the Secretary-General of the United Nations, for registration, in accordance with Article 102 of the Charter of the United Nations 1 , complete information about all ratifications and all acts of denunciation which it has registered in accordance with the previous articles.


Art. 16

Whenever it deems it necessary, the Governing Council of the International Labour Office shall submit to the General Conference a report on the application of this Convention and consider whether it should be included in the agenda of the Conference the question of its total or partial revision.

Art. 17

1. In the event that the Conference adopts a new convention for the total or partial revision of this Convention, and unless the new Convention provides otherwise:

(a)
Ratification by a Member of the new revision agreement would automatically entail, notwithstanding Article 13 above, the immediate termination of this Convention, provided that the new revision agreement is entered into In force;
(b)
From the date of entry into force of the new revision agreement, this Convention shall cease to be open for ratification by Members.

(2) This Convention shall in any case remain in force in its form and content for Members who have ratified it and which do not ratify the revised Convention.

Art. 18

The English and French versions of the text of this Agreement are equally authentic.

Scope of application on 20 March 2013 6

States Parties

Ratification

Statement of Succession (S)

Entry into force

Albania

24 July

2002

24 July

2003

Algeria

26 January

1984

26 January

1985

Germany

26 February

1981

26 February

1982

Antigua and Barbuda

16 September

2002

16 September

2003

Argentina

20 February

2004

20 February

2005

Armenia

18 May

2005

18 May

2006

Australia A

10 September

1985

10 September

1986

Belarus

September 15

1993

September 15

1994

Belgium

21 October

2011

21 October

2012

Belize

6 March

2000

6 March

2001

Benin

11 June

2001

11 June

2002

Burkina Faso

3 April

1980

3 April

1981

Cambodia

August 23

1999

August 23

2000

China

7 March

2002

7 March

2003

Hong Kong B C

6 June

1997

1 Er July

1997

Macao D

7 March

2003

7 March

2003

Cyprus

July 6

1981

July 6

1982

Congo (Brazzaville)

24 June

1986

24 June

1987

Congo, Kinshasa

3 April

1987

3 April

1988

Korea (South)

8 December

1997

8 December

1998

Costa Rica

September 25

1984

September 25

1985

Cuba

29 December

1980

29 December

1981

Denmark

5 June

1981

5 June

1982

Dominica

26 July

2004

26 July

2005

Egypt

5 December

1991

5 December

1992

El Salvador

2 February

2001

2 February

2002

Spain

3 March

1982

3 March

1983

United States

3 March

1995

3 March

1996

Finland

25 February

1980

25 February

1981

Gabon

11 October

1979

11 October

1980

Ghana

27 May

1986

27 May

1987

Greece

July 31

1985

July 31

1986

Guinea

8 June

1982

8 June

1983

Guyana

10 January

1983 S

10 January

1983

Iraq

10 July

1980

10 July

1981

Israel

7 December

1979

7 December

1980

Italy

28 February

1985

28 February

1986

Jamaica

4 June

1984

4 June

1985

Jordan

10 July

2003

10 July

2004

Kyrgyzstan

22 December

2003

22 December

2004

Lesotho

14 June

2001

14 June

2002

Latvia

8 March

1993

8 March

1994

Lebanon

April 4

2005

April 4

2006

Liberia

2 June

2003

2 June

2004

Luxembourg

21 March

2001

21 March

2002

Malawi

19 November

1999

19 November

2000

Mali

23 January

2008

23 January

2009

Morocco

3 April

2009

3 April

2010

Mauritius

5 April

2004

5 April

2005

Mexico

10 February

1982

10 February

1983

Moldova

10 November

2006

10 November

2007

Namibia

28 June

1996

28 June

1997

Norway

19 March

1980

19 March

1981

Netherlands

8 August

1980

8 August

1981

Portugal *

9 January

1981

9 January

1982

Central African Republic

5 June

2006

5 June

2007

Dominican Republic

15 June

1999

15 June

2000

Czech Republic

9 October

2000

9 October

2001

Romania

4 November

2008

4 November

2009

United Kingdom *

19 March

1980

19 March

1981

Gibraltar

August 11

1980

August 11

1980

Guernsey

12 May

1981

12 May

1981

Isle of Man

12 May

1981

12 May

1981

St. Helena

August 11

1980

August 11

1980

Russia

July 2

1998

July 2

1999

San Marino

19 April

1988

19 April

1989

Seychelles

23 November

1999

23 November

2000

Sweden

11 June

1979

11 October

1980

Switzerland

3 March

1981

3 March

1982

Suriname

29 September

1981

29 September

1982

Togo

30 March

2012

30 March

2013

Trinidad and Tobago

August 17

2007

August 17

2008

Tunisia

23 May

1988

23 May

1989

Ukraine

10 November

2004

10 November

2005

Uruguay

19 June

1989

19 June

1990

Venezuela

August 17

1983

August 17

1984

Zambia

19 August

1980

19 August

1981

Zimbabwe

August 27

1998

August 27

1999

*

Reservations and declarations.

Reservations and declarations are not published in the RO. The texts in English and French may be consulted at the website of the International Labour Organisation: http://www.ilo.org/ilolex/french/convdisp1.htm or obtained in the Directorate of Public International Law (DDIP), Section International treaties, 3003 Berne.

A

The conv. Is not applicable to Norfolk Island.

B

Applicable with modification.

C

From 30 March 1981 to 30 June 1997, the conv. Was applicable in Hong Kong on the basis of a territorial extension of the United Kingdom. The 1 Er July 1997, Hong Kong became a Special Administrative Region (SAR) of the People's Republic of China. By virtue of the Chinese declaration of 6 June 1997, the conv. Is also applicable to the Hong Kong SAR from 1 Er July 1997.

D

Of the seven. 1999 to 19 Dec. 1999, the conv. Was applicable to Macao on the basis of a declaration of territorial extension of Portugal. From Dec 20. 1999, Macao became a Special Administrative Region (SAR) of the People's Republic of China. By virtue of the Chinese declaration of 7 March 2003, the conv. Is also applicable to the Macao SAR from 7 March 2003.


RO 1982 327; FF 1980 II 444


1 RO 1982 326
2 RS 0.822.719.1
3 RS 0.823.111
4 RS 0.822.719.7
5 RS 0.822.719.9
6 RO 1982 327, 1983 619, 1985 824, 1986 1193, 1987 1458, 1991 625, 2005 1773, 2008 35, 2013 971. A version of the updated scope of application is published on the DFAE website (www.dfae.admin.ch/traites).


Status on March 20, 2013