Protokół z 1982 r. do Konwencji (Nr 110)Data wejścia w życie: 18 czerwca 1982 r.
MIĘDZYNARODOWEJ ORGANIZACJI PRACY
dotyczącej warunków pracy pracowników plantacji.
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 Sixty-eighth Session on 2 June 1982, and
Having decided upon the adoption of certain proposals with regard to the revision of the Plantations Convention and Recommendation, 1958, which is the seventh item on the agenda of the session, and
Having determined that these proposals shall take the form of a Protocol limited to the revision of the relevant provisions of the Plantations Convention, 1958,
adopts this eighteenth day of June of the year one thousand nine hundred and eighty-two in accordance with the provisions of article 19 of the Constitution of the International Labour Organisation relating to Conventions, the following Protocol, which may be cited as the Protocol to the Plantations Convention, 1958.
A Member may, by a declaration appended to its ratification of the Plantations Convention, 1958, specify that it ratifies the Convention with the substitution for Article 1 thereof of the following text:
"Article 1 (revised)
1. For the purpose of this Convention, the term plantation includes any agricultural undertaking regularly employing hired workers which is situated in the tropical or subtropical regions and which is mainly concerned with the cultivation or production for commercial purposes of coffee, tea, sugar-cane, rubber, bananas, cocoa, coconuts, groundnuts, cotton, tobacco, fibres (sisal, jute and hemp), citrus, palm oil, cinchona or pineapple; it does not include family or small-scale holdings producing for local consumption and not regularly employing hired workers.
2. A Member ratifying this Convention may, after consultation with the most representative organisations of employers and workers concerned, where such exist, exclude from the application of the Convention undertakings the area of which covers not more than 12.5 acres (5 hectares) and which employ not more than ten workers at any time during a calendar year. It shall indicate, in its first report on the application of the Convention under article 22 of the Constitution of the International Labour Organisation, the categories of undertakings excluded and, in subsequent reports, any measures which it may have taken with a view to applying the Convention to some or all of the categories excluded, as well as any measures which it may have taken with a view to ensuring that the Convention continues to be applied to undertakings which come within the exclusion provided for in this paragraph but which have been created by the division of a plantation after the entry into force of Article 1 (revised) for the Member concerned.
3. Each Member for which this Convention is in force may, after consultation with the most representative organisations of employers and workers concerned, where such exist, make the Convention applicable to other plantations by-
(a) adding to the list of crops referred to in paragraph 1 of this Article any one or more of the following crops: rice, chicory, cardamom, geranium and pyrethrum, or any other crop;
(b) adding to the plantations covered by paragraph 1 of this Article classes of undertakings not referred to therein which, by national law or practice, are classified as plantations;
and shall indicate the action taken in its annual reports on the application of the Convention submitted under article 22 of the Constitution of the International Labour Organisation.
4. For the purpose of this Article the term plantation shall ordinarily include services carrying out the primary processing of the product or products of the plantation, on or in close proximity to the site of the latter."
1. A Member already a party to the Plantations Convention, 1958, may, by communicating its formal ratification of this Protocol to the Director-General of the International Labour Office for registration, accept the revised text of Article 1 of the Convention set out in Article 1 of this Protocol. Such ratification shall take effect twelve months after the date on which it has been registered by the Director-General. Thereafter the Convention shall be binding on the Member concerned with the substitution of the revised text of Article 1 for the original text of that Article.
2. The reference in paragraph 2 of the revised text of Article 1 of the Convention to the first report on the application of the Convention shall be construed, in the case of a Member already a party to the Convention, as a reference to its first report submitted after the coming into force of this Protocol for the Member concerned.
3. The Director-General of the International Labour Office shall notify all Members of the International Labour Organisation of the registration of all ratifications of this Protocol communicated to him by parties to the Convention.
4. 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 full particulars of all ratifications registered by him in accordance with the provisions of paragraph 1 of this Article.
The English and the French versions of the text of this Protocol are equally authoritative.