ZALECENIE Nr 58
Sesja Konferencji: 25
MIĘDZYNARODOWEJ ORGANIZACJI PRACY
dotyczące uregulowania pisemnych umów o pracę pracowników tubylczych.
Recommendation concerning the Maximum Length
of Written Contracts of Employment of Indigenous Workers
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 Twenty-fifth Session on 8 June 1939, and
Having decided upon the adoption of certain proposals with regard to the maximum length of written contracts of employment of indigenous workers, which is included in the second item on the agenda of the Session, and
Having determined that these proposals shall take the form of a Recommendation,
adopts this twenty-seventh day of June of the year one thousand nine hundred and thirty-nine, the following Recommendation, which may be cited as the Contracts of Employment (Indigenous Workers) Recommendation, 1939:
The Conference,
Having adopted the Contracts of Employment (Indigenous Workers) Convention, 1939, Article 9 of which provides that the maximum period of service that may be stipulated in any contract, and the leave, if any, to be granted during the period of the contract, shall be prescribed by the regulations; and
Desiring to supplement this provision by a statement of principles which appear well fitted to guide the policy of the Members concerned in fixing the maximum period of service in different cases and by suggestions regarding the maxima which might be fixed in such cases;
Recommends that each Member of the International Labour Organisation which ratifies the Contracts of Employment (Indigenous Workers) Convention, 1939, should take the following principles into consideration in fixing the maximum period of service provided for in Article 9 of the Convention:
1. The maximum period of service should always be as short as possible, and should be shorter when the workers will be separated from their families during the period of service than when they are accompanied by their families.
2.
(1) The maximum period of service for employments not involving a long and expensive journey by land or sea should in no case exceed twelve months if the workers are not accompanied by their families or two years if the workers are accompanied by their families.
(2) The maximum period of service for employments involving a long and expensive journey by land or sea should in no case exceed two years if the workers are not accompanied by their families or three years if the workers are accompanied by their families.
3. Exceptions to the above maxima should be made only in the case of workers accompanied by their families and where it is intended, with the prior consent of the workers, to settle them with their families at or near the place of employment.
4. Where the period of service is twelve months or more, the worker should be granted a holiday with pay of at least one week.