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RS 0.822.727.2 Convention no 172 of 25 June 1991 concerning working conditions in hotels, restaurants and similar establishments

Original Language Title: RS 0.822.727.2 Convention no 172 du 25 juin 1991 concernant les conditions de travail dans les hôtels, restaurants et établissements similaires

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0.822.727.2

Original text

Convention n O 172 concerning working conditions in hotels, restaurants and similar establishments

Concluded at Geneva on 25 June 1991
Approved by the Federal Assembly on March 16, 1993 1
Instrument of ratification deposited by Switzerland on 15 February 1994
Entry into force for Switzerland on 15 February 1995

(State on 4 August 2010)

The General Conference of the International Labour Organization,

Convened in Geneva by the Executive Board of the International Labour Office, meeting on 5 June 1991, at its seventy-eighth session;

Recalling that international labour conventions and recommendations which set out the standards of general application concerning working conditions are applicable to workers in hotels, restaurants and similar establishments;

Noting that, due to the specificities of work in hotels, restaurants and similar establishments, it is desirable to improve the application of these conventions and recommendations in these categories of establishments, as well as To supplement by specific standards aimed at benefiting interested workers of a status in relation to their role in these categories of rapidly growing establishments, and to attract new workers to them Improving working conditions, training and career prospects;

Noting that collective bargaining is an effective means of determining working conditions in this sector;

Considering that the adoption of a convention, together with collective bargaining, will have the effect of improving working conditions, career prospects and job security for the benefit of workers;

After deciding to adopt various proposals concerning working conditions in hotels, restaurants and similar establishments, which is the fourth item on the agenda of the session;

Having decided that these proposals would take the form of an international convention,

Adopted on this twenty-fifth day of June this year nine hundred and eighty-eleven the following convention, which will be referred to as the Convention on Working Conditions in Hotels and Restaurants, 1991:

Art. 1

1. Subject to the provisions of s. 2, para. 1, this Agreement applies to employed persons:

(a)
In hotels and similar establishments that provide accommodation;
(b)
In restaurants and similar establishments that provide meals, drinks or both.

2. The definition of categories referred to in paras. (a) and (b) above shall be adopted by each Member in the light of national conditions and after consultation with employers'and workers' organisations. Any Member ratifying the Convention may, after consulting employers' and labour organisations-their stakeholders, exclude from its application specific types of establishments covered by the above definition, but for which There are specific problems of particular importance.

3.
(a) Any Member ratifying this Convention may, after consulting employers'and workers' organisations, extend its application to other related establishments which provide services for tourism. These institutions must be specified in a declaration attached to the said ratification.
(b)
Any Member ratifying this Convention may also later, after consulting employers'and workers' organisations, extend the scope of the Convention to other categories of related institutions Providing services for tourism, by a declaration notified to the Director-General of the International Labour Office.

4. Any Member ratifying this Convention shall, in the first report on the application of the Convention which it is required to submit under Art. 22 of the Constitution of the International Labour Organization 1 , indicate, with reasons for support, the types of establishments that have been excluded under subs. 2 above, indicating the respective positions of employers'and workers' organisations with regard to these exclusions, and set out, in future reports, the state of its legislation and practice in relation to such establishments, in Specifying the extent to which it has been acted upon, or proposed to follow, to this Agreement in the institutions in question.


Art. 2

For the purposes of this Agreement, the term "interested workers" means workers employed in the institutions to which the agreement applies in accordance with the provisions of s. 1, regardless of the nature and duration of their employment relationship. Nevertheless, any Member may, in the light of national law, conditions and practice, and after consulting the organisations of employers and workers concerned, exclude certain particular categories of workers from The application of all or some of the provisions of this Agreement.

(2) Any Member ratifying this Convention shall, in the first report on the application of the Convention which it is required to submit under Art. 22 of the Constitution of the International Labour Organization 1 , indicate, with grounds for support, the categories of workers who have been excluded under subs. 1 above and set out in future reports any progress made towards a wider application.


Art. 3

(1) Any Member shall, without prejudice to the autonomy of the organizations of employers and workers concerned, adopt and apply, in an appropriate manner to national law, conditions and practice, a policy to improve the Working conditions of the workers concerned.

2. The general objective of this policy must be that the workers concerned are excluded from the scope of any minimum standard adopted at national level for workers in general, including those relating to safety Social.

Art. 4

Unless otherwise provided by national law or practice, the term "working time" refers to the periods during which a worker is available to the employer.

2. The workers concerned shall enjoy a reasonable period of reasonable work, as well as reasonable overtime provisions, in accordance with national legislation and practice.

3. Interested workers must have reasonable minimum daily and weekly rest periods, in accordance with national legislation and practice.

4. Work schedules shall, where possible, be brought to the attention of the workers concerned sufficiently in advance to allow their personal and family life to be used accordingly.

Art. 5

1. If a worker is called upon to work during public holidays, he shall be entitled to adequate compensation, in the form of free time or remuneration, as determined by collective bargaining or in accordance with legislation or practice National.

2. Interested workers shall be entitled to annual leave with pay, the duration of which shall be determined by collective bargaining or in accordance with national law or practice.

3. At the end of the contract or where the continuous period of service is not sufficient to give entitlement to full annual leave, the workers concerned must be entitled to paid leave in proportion to the length of the period of service, Or the payment of a compensatory salary, as determined by collective bargaining or in accordance with national law or practice.

Art. 6

1. The term "gratuity" refers to the amount that the customer voluntarily gives to the worker in addition to the amount he or she must pay for the services received.

2. Independently of gratuities, interested workers must receive basic remuneration paid at regular intervals.

Art. 7

Where this practice exists, the purchase and sale of jobs in the establishments referred to in s. 1 must be prohibited.

Art. 8

(1) The application of the provisions of this Convention may be effected by national legislation, collective agreements, arbitral awards or judicial decisions, or in any other appropriate manner in accordance with practice National.

2. For Members where the provisions of this Convention are normally covered by agreements between employers or organisations of employers and workers' organisations, or are normally implemented other than by way of means The resulting obligations shall be deemed to be fulfilled if those provisions are applied to the vast majority of the workers concerned, under such conventions or by other means.

Art.

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

Art. 10

(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. 11

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. 12

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 the Organization, 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. 13

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


Art. 14

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. 15

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 s. 11 above, immediate denunciation of this Convention, provided that the new revision agreement has entered into 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. 16 Scope on 4 August 2010

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

(Suivent signatures)

Scope on 4 August 2010 2

States Parties

Ratification

Entry into force

Germany

14 November

2006

14 November

2007

Austria

2 May

1994

2 May

1995

Barbados

July 22

1997

July 22

1998

Cyprus

28 February

1997

28 February

1998

Spain

7 July

1993

7 July

1994

Fiji

28 May

2008

28 May

2009

Guyana

August 20

1996

August 20

1997

Iraq

July 9

2001

July 9

2002

Ireland

9 June

1998

9 June

1999

Lebanon

23 February

2000

23 February

2001

Luxembourg

6 March

2003

6 March

2004

Mexico

7 June

1993

7 July

1994

Netherlands

Netherlands Antilles A

15 June

1999

15 June

1999

Dominican Republic

4 June

1998

4 June

1999

Switzerland

February 15

1994

February 15

1995

Uruguay

September 6

1995

September 6

1996

A

The Convention shall apply to the Netherlands Antilles without amendment.


RO 1995 4207; FF 1992 III 737


1 RO 1995 4206
2 RO 1995 4212, 2005 5019 and 2010 3819. A version of the updated scope of application is published on the DFAE website (http://www.dfae.admin.ch/traites).


Status August 4, 2010