KONWENCJA Nr 46
MIEDZYNARODOWEJ ORGANIZACJI PRACY
dotycząca ograniczenia czasu pracy w kopalniach węgla (zrewidowana). NP
The General Conference of the International Labour Organisation,
Having been convened at Geneva by the Governing Body of the
International Labour Office, and having met in its Nineteenth Session on 4
June 1935, and
Having decided upon the adoption of certain proposals with regard to
the partial revision of the Convention limiting hours of work in coal
mines adopted by the Conference at its Fifteenth Session, which is the
seventh item on the agenda of the Session, and
Considering that these proposals must take the form of an international
adopts this twenty-first day of June of the year one thousand nine
hundred and thirty-five the following Convention, which may be cited as
the Hours of Work (Coal Mines) Convention (Revised), 1935:
1. This Convention shall apply to all coal mines, that is to say, to
any mine from which only hard coal or lignite, or principally hard coal or
lignite together with other minerals, is extracted.
2. For the purpose of this Convention, the term lignite mine
shall mean any mine from which coal of a geological period
subsequent to the carboniferous period is extracted.
For the purpose of this Convention, the term worker shall
(a) in underground coal mines, any person occupied underground, by
whatever employer and on whatever kind of work he may be employed, except
persons engaged in supervision or management who do not ordinarily perform
(b) in open coal mines, any person employed directly or indirectly in
the extraction of coal, except persons engaged in supervision or
management who do not ordinarily perform manual work.
1. Hours of work in underground hard coal mines shall mean the time
spent in the mine, calculated as follows:
(a) time spent in an underground mine shall mean the period between the
time when the worker enters the cage in order to descend and the time when
he leaves the cage after re-ascending;
(b) in mines where access is by an adit the time spent in the mine
shall mean the period between the time when the worker passes through the
entrance of the adit and the time of his return to the surface.
2. In no underground hard coal mine shall the time spent in the mine by
any worker exceed seven hours and forty-five minutes in the day.
The provisions of this Convention shall be deemed to be complied with
if the period between the time when the first workers of the shift or of
any group leave the surface and the time when they return to the surface
is the same as that laid down in paragraph 2 of Article 3. The order of
and the time required for the descent and ascent of a shift and of any
group of workers shall, moreover, be approximately the same.
1. Subject to the provisions of the second paragraph of this Article,
the provisions of this Convention shall be deemed to be complied with if
the national laws or regulations prescribe that for calculating the time
spent in the mine the descent or ascent of the workers is to be calculated
according to the weighted average duration of the descent or ascent of all
shifts of workers in the whole country. In this case, the period between
the time when the last worker of the shift leaves the surface and the time
when the first worker of the same shift returns to the surface shall not
in any mine exceed seven hours and fifteen minutes; provided that no
method of regulation shall be permitted by which the hewers as a class of
workers would on the average work longer hours than the other classes of
underground workers in the same shift.
2. Any Member which, having applied the method laid down in this
Article, subsequently applies the provisions of Articles 3 and 4 shall
make the change simultaneously for the whole country and not for any part
1. Workers shall not be employed on underground work in coal mines on
Sundays and legal public holidays.
Provided that this requirement shall be deemed to be complied with if
the workers enjoy a rest period of twenty-four consecutive hours, of which
at least eighteen fall upon the Sunday or legal public holiday.
2. National laws or regulations may authorise the following exceptions
to the provisions of the preceding paragraph for workers over eighteen
years of age:
(a) for work which, owing to its nature, must be carried on
(b) for work in connection with the ventilation of the mine and the
prevention of damage to the ventilation apparatus, safety work, work in
connection with first aid in the case of accident and sickness, and the
care of animals;
(c) for survey work in so far as this cannot be done on other days
without interrupting or disturbing the work of the undertaking;
(d) for urgent work in connection with machinery and other appliances
which cannot be carried out during the regular working time of the mine,
and in other urgent or exceptional cases which are outside the control of
3. The competent authorities shall take appropriate measures for
ensuring that no work is done on Sundays and legal public holidays except
as authorised by this Article.
4. Work permitted under paragraph 2 of this Article shall be paid for
at not less than one-and-a-quarter times the regular rate.
5. Workers who are engaged to any considerable extent on work permitted
under paragraph 2 of this Article shall be assured either a compensatory
rest period or an adequate extra payment in addition to the rate specified
in paragraph 4 of this Article. The detailed application of this provision
shall be regulated by national laws or regulations.
Lower maxima than those specified in Articles 3, 4 and 5 shall be laid
down by regulations made by public authority for workers in workplaces
which are rendered particularly unhealthy by reason of abnormal conditions
of temperature, humidity or other cause.
1. Regulations made by public authority may provide that the hours
specified in Articles 3, 4, 5 and 7 may be exceeded in case of accident,
actual or threatened, in case of force majeure, or in case of urgent work
to be done to machinery, plant or equipment of the mine as a result of a
breakdown of such machinery, plant or equipment, even if coal production
is thereby incidentally involved, but only so far as may be necessary to
avoid serious interference with the ordinary working of the mine.
2. Regulations made by public authority may provide that the hours
specified in Articles 3, 4, 5 and 7 may be exceeded in the case of workers
employed on operations which by their nature must be carried on
continuously or on technical work, in so far as their work is necessary
for preparing or terminating work in the ordinary way or for a full
resumption of work on the next shift, provided, however, that this shall
not refer to the production or transport of coal. The additional time so
authorised for any individual worker shall not, except as specified in
paragraphs 3 and 4 of this Article, exceed half an hour on any day.
3. Regulations made by public authority may provide that the hours
specified in Articles 3, 4, 5 and 7 may be exceeded to an extent exceeding
half an hour in the case of the following grades:
(a) workers whose presence is indispensable for the work of ventilation
and pumping stations and of such compressed air stations as are necessary
(b) underground storemen; and
(c) winchmen and locomotive drivers and their indispensable assistants.
Provided that no worker in the above grades who is employed on
operations which by their nature must be carried on continuously may be
employed for more than eight hours per day exclusive of the time spent in
the mine by that worker in reaching and returning from his place of work,
it being understood that in each case this time will be reduced to the
Provided also that in the case of--
(a) underground storemen;
(b) enginemen and men in charge of internal shafts who are engaged upon
the transport of workers;
(c) drivers of locomotives who are engaged upon the transport of
(d) the indispensable assistants of the grades specified in clauses (b)
the limit of such extension shall be that fixed by the regulations of
the public authority.
4. Regulations made by public authority may provide that the limit of
hours specified in Articles 3, 4, 5 and 7 and in paragraphs 2 and 3 of
this Article may be exceeded in the case of workers whose presence is
indispensable for the work of underground ventilation, pumping and
compressed air stations, but only to such extent as may be necessary to
permit the periodical change-over of shifts, and time worked in virtue of
this provision shall not be deemed to be overtime, so however that during
any period of three weeks no worker shall work more than twenty-one shifts
of the length prescribed for his grade by paragraph 2 or paragraph 3 of
this Article as the case may be.
5. In the case of mines in normal operation the number of persons
coming under paragraphs 2 and 3 of this Article shall at no time exceed
five per cent. of the total number of persons employed at the mine.
6. Overtime worked in virtue of the provisions of this Article shall be
paid for at not less than one-and-a-quarter times the regular rate.
1. Regulations made by public authority may, in addition to the
provisions of Article 8, put not more than sixty hours' overtime in the
year at the disposal of undertakings throughout the country as a whole.
2. This overtime shall be paid for at not less than one-and-a-quarter
times the regular rate.
The regulations mentioned in Articles 7, 8, and 9 shall be made by
public authority after consultation with the organisations of employers
and workers concerned.
The annual reports to be submitted under Article 22 of the Constitution
of the International Labour Organisation shall contain all information as
to the action taken to regulate the hours of work in accordance with the
provisions of Articles 3, 4 and 5. They shall also furnish complete
information concerning the regulations made under Articles 7, 8, 9, 12, 13
and 14 and concerning their enforcement.
In order to facilitate the enforcement of the provisions of this
Convention, the management of every mine shall be required--
(a) to notify by means of notices conspicuously posted at the pithead
or in some other suitable place, or by such other method as may be
approved by the public authority, the hours at which the workers of each
shift or group shall begin to descend and shall have completed the ascent.
These hours shall be approved by the public authority and be so fixed
that the time spent in the mine by each worker shall not exceed the limits
prescribed by this Convention. When once notified, they shall not be
changed except with the approval of the public authority and by such
notice and in such manner as may be approved by the public authority;
(b) to keep a record in the form prescribed by national laws or
regulations of all additional hours worked under Articles 8 and 9.
1. In underground lignite mines Articles 3 and 4 and Articles 6 to 12
of this Convention shall apply subject to the following provisions:
(a) in accordance with such conditions as may be prescribed by national
laws or regulations, the competent authority may permit collective breaks
involving a stoppage of production not to be included in the time spent in
the mine, provided that such breaks shall in no case exceed thirty minutes
for each shift. Such permission shall only be given after the necessity
for such a system has been established by official investigation in each
individual case, and after consultation with the representatives of the
(b) the number of hours' overtime provided for in Article 9 may be
increased to not more than seventy-five hours a year.
2. In addition, the competent authority may approve collective
agreements which provide for not more than seventy-five hours' further
overtime a year. Such further overtime shall likewise be paid for at the
rate prescribed in Article 9, paragraph 2. It shall not be authorised
generally for all underground lignite mines, but only in the case of
individual districts or mines where it is required on account of special
technical or geological conditions.
In open hard coal and lignite mines Articles 3 to 13 of this Convention
shall not be applicable. Nevertheless, Members which ratify this
Convention undertake to apply to these mines the provisions of the
Washington Convention of 1919 limiting the hours of work in industrial
undertakings to eight in the day and forty-eight in the week, provided
that the amount of overtime which may be worked in virtue of Article 6,
paragraph (b), of the said Convention shall not exceed one hundred hours a
year. Where special needs so require, and only in such cases, the
competent authority may approve collective agreements which provide for an
increase of the aforesaid one hundred hours by not more than a further
hundred hours a year.
Nothing in this Convention shall have the effect of altering national
laws or regulations with regard to hours of work so as to lessen the
guarantees thereby afforded to the workers.
The operation of the provisions of this Convention may be suspended in
any country by the Government in the event of emergency endangering the
The formal ratifications of this Convention under the conditions set
forth in the Constitution of the International Labour Organisation shall
be communicated to the Director-General of the International Labour Office
1. This Convention shall be binding only upon those Members of the
International Labour Organisation whose ratifications have been registered
with the International Labour Office.
2. It shall come into force six months after the date on which the
ratifications of two of the following Members have been registered by the
Director-General of the International Labour Office: Belgium,
Czechoslovakia, France, Germany, Great Britain, Netherlands and Poland.
3. Thereafter the Convention shall come into force for any Member six
months after the date on which its ratification has been registered.
As soon as the ratifications of two of the Members mentioned in the
second paragraph of Article 18 have been registered with the International
Labour Office, the Director-General of the International Labour Office
shall so notify all the Members of the International Labour Organisation.
He shall likewise notify them of the registration of ratifications which
may be communicated subsequently by other Members of the Organisation.
1. A Member which has ratified this Convention may denounce it after
the expiration of five years from the date on which the Convention first
comes into force, by an act communicated to the Director-General of the
International Labour Office for registration. Such denunciation shall not
take effect until one year after the date on which it is registered with
the International Labour Office.
2. Each Member which has ratified this Convention and which does not,
within the year following the expiration of the period of five years
mentioned in the preceding paragraph, exercise the right of denunciation
provided for in this Article, will be bound for another period of five
years and, thereafter, may denounce this Convention at the expiration of
each period of three years under the terms provided for in this Article.
1. At the latest within three years from the coming into force of this
Convention the Governing Body of the International Labour Office shall
place on the agenda of the Conference the question of the revision of this
Convention on the following points:
(a) the possibility of a further reduction in the hours of work
provided for in paragraph 2 of Article 3;
(b) the right to have recourse to the exceptional method of calculation
laid down in Article 5;
(c) the possibility of modifying the provisions of Article 13,
paragraph 1, subparagraphs (a) and (b), in the direction of a reduction of
the hours of work;
(d) the possibility of a reduction in the amount of overtime provided
for in Article 14.
2. Moreover, at such times as it may consider necessary the Governing
Body of the International Labour Office shall present to the General
Conference a report on the working of this Convention and shall examine
the desirability of placing on the agenda of the Conference the question
of its revision in whole or in part.
1. Should the Conference adopt a new Convention revising this
Convention in whole or in part, then unless the new Constitution otherwise
a) the ratification by a Member of the new revising Constitution shall
ipso jure involve the immediate denunciation of this Convention,
notwithstanding the provisions of Article 20 above, if and when the new
revising Convention shall have come into force;
b) as from the date when the new revising Convention comes into force
this Convention shall cease to be open to ratification by the Members.
2. This Convention shall in any case remain in force in its actual form
and content for those Members which have ratified it but have not ratified
the revising Convention.
The French and English texts of this Convention shall both be