ZALECENIE Nr 74
Sesja Konferencji: 27
MIĘDZYNARODOWEJ ORGANIZACJI PRACY
dotyczące minimalnych norm polityki społecznej
na terytoriach zależnych (postanowienia uzupełniające) .
Recommendation concerning Minimum Standards of Social Policy
in Dependent Territories (Supplementary Provisions)
The General Conference of the International Labour Organisation,
Having been convened at Paris by the Governing Body of the International Labour Office, and having met in its Twenty-seventh Session on 15 October 1945, and
Having decided upon the adoption of certain proposals with regard to minimum standards of social policy in dependent territories (supplementary provisions) , which is the fifth item on the agenda of the Session, and
Having determined that these proposals shall take the form of a Recommendation,
adopts this fifth day of November of the year one thousand nine hundred and forty-five, the following Recommendation, which may be cited as the Social Policy in Dependent Territories (Supplementary Provisions) Recommendation, 1945:
Whereas Chapter XI of the Charter of the United Nations, being the Declaration regarding Non-Self-Governing Territories, affirms the principle that the interests of the inhabitants of all such territories are paramount, and establishes the obligation of metropolitan States, as a sacred trust, to ensure the political, economic, social and educational advancement of the peoples of these territories; and
Whereas the International Labour Conference adopted on 12 May 1944, in the course of its Twenty-sixth Session, a Recommendation concerning minimum standards of social policy in dependent territories; and
Whereas it is desirable to provide for the application to dependent territories of minimum standards supplementing those adopted in 1944;
The Conference makes the following recommendations:
1. Each Member of the International Labour Organisation which is responsible for any dependent territory should take all steps within its competence to secure the effective application in each such territory of the minimum standards set forth in the Annex to this Recommendation, and in particular should bring this Recommendation before the authority or authorities competent to make effective in each such territory the minimum standards set forth in the Annex.
2. Each Member of the Organisation should, if it approves this Recommendation, communicate to the Director-General of the International Labour Office at the earliest possible date particulars of the action taken to make effective the minimum standards set forth in the Annex in respect of each dependent territory for which the Member in question is responsible, and thereafter should report to the International Labour Office, from time to time, as requested by the Governing Body, concerning the action taken to give effect to the Recommendation.
3. The standards set forth in the Annex to this Recommendation should be regarded as minimum standards, which do not qualify or impair any obligation to apply higher standards incumbent upon any Member of the Organisation under the Constitution of the Organisation or under any International Labour Convention which the Member may have ratified, and should in no case be so interpreted or applied as to lessen the protection afforded by existing legislation to the workers concerned.
ANNEX
APPENDIX
Section 1. Wages and Thrift
Article 1
1. It shall be an aim of policy to encourage the development of machinery of collective bargaining whereby minimum rates of wages may be fixed through negotiations between employers' and workers' organisations.
2. In all cases in which the competent authority has reason to believe that the workers' organisations have not arrived at the stage of development necessary to enable them to negotiate on a footing of equality with the employers' organisations, specially qualified persons shall be nominated to assist the workers in the course of the negotiations by giving them information and advice and, if need be, to act in their name. These measures shall be taken and such nominations made after consultation with the labour inspectorate where such exists. Persons so nominated shall assist in the early development of workers' organisations by advice and guidance.
Article 2
1. Where no adequate arrangements exist for the effective fixing of minimum wages by collective agreement, official machinery whereby minimum rates of wages can be fixed for the workers shall be created and maintained.
2. Any minimum rates so fixed by decision of the competent authority shall observe the principle of equal remuneration for men and women for work of equal value.
3. Representatives of the employers and workers concerned, including representatives of their respective organisations, where such exist, shall be associated in the operation of the minimum wage-fixing machinery, in such manner and to such extent, but in any case in equal numbers and on equal terms, as may be determined by the competent authority.
4. Minimum rates of wages which have been fixed by the competent authority shall be binding on the employers and workers concerned so as not to be subject to abatement by agreement between employers and workers without the express consent of the competent authority.
5. The necessary measures shall be taken to ensure that the employers and workers concerned are informed of the minimum rates of wages in force and that wages are not paid at less than these rates in cases where they are applicable.
6. A worker to whom the minimum rates are applicable and who has been paid wages at less than these rates shall be entitled to recover, by judicial or other legalised proceedings, the amount by which he has been underpaid, subject to such limitation of time as may be determined by the competent authority.
Article 3
1. The necessary measures shall be taken to ensure the proper payment of all wages earned and employers shall be required to keep registers of wage payments, to issue to workers statements of wage payments, and to take other appropriate steps to facilitate the necessary supervision.
2. Wages shall normally be paid in cash only and direct to the individual worker.
3. Unless there is an established local custom to the contrary, the continuance of which is desired by the workers, wages shall be paid regularly at such intervals as will lessen the likelihood of indebtedness among the wage earners.
4. Where food, housing, clothing and other essential supplies and services form part of remuneration, all practicable steps shall be taken by the competent authority to control strictly their adequacy and their cash value.
5. All practicable measures shall be taken :
(a) to inform the workers of their wage rights;
(b) to prevent any unauthorised deductions from wages; and
(c) to restrict the amounts deductible from wages in respect of supplies and services forming part of remuneration to the cash value thereof.
Article 4
1. Voluntary forms of thrift among wage earners and independent producers shall be encouraged.
2. The maximum amounts and manner of repayment of advances on wages shall be regulated by the competent authority.
3. The competent authority shall limit the amount of advances which may be paid to a worker who has been engaged from outside the territory. The amount of any such advances shall be clearly explained to the worker. Any advance made in excess of the amount laid down by the competent authority shall be irrecoverable at law.
4. All practicable measures shall be taken for the protection of wage earners and independent producers against usury, in particular by action aiming at the reduction of rates of interest on loans, by the control of the operations of money lenders, and by the encouragement of facilities for borrowing money for appropriate purposes through co-operative credit organisations or through institutions which are under the control of the competent authority.
Article 5
1. Where deferred pay schemes are in existence or are being established :
(a) their rules and operations shall be supervised by the competent authority, and in particular employers shall, where the competent authority is not satisfied that the funds are suitably invested, be required to furnish security for their obligations under such schemes;
(b) representatives of the wage earners, including representatives of their organisations where such exist, shall be associated in the operation of such schemes.
2. It shall be an aim of policy, as soon as the economic evolution of a territory permits, progressively to eliminate deferred pay schemes and to establish, without prejudice to provident or superannuation schemes, systems of retirement allowances, including provisions for contributions by the Government or employers or both as well as by the workers.
Article 6
1. It shall be an aim of policy effectively to establish the principle of equal wages for work of equal value in the same operation and undertaking and to prevent discrimination directed against workers by reason of their race, religion or sex in respect of opportunities for employment and promotion and in respect of wage rates.
2. All practicable measures shall be taken to lessen any existing differences in wage rates which are due to discrimination by reason of race, religion or sex by raising the rates applicable to the lower paid workers.
3. Workers engaged for employment from outside any dependent territory may be granted additional payments to meet any reasonable personal or family expenses resulting from employment away from their homes.
Section 2. Labour Aspects of Land Policies
Article 7
The following shall be among the measures to be considered by the competent authorities for the promotion of productive capacity and the improvement of standards of living of primary producers:
(a) the elimination to the fullest practicable extent of the causes of chronic indebtedness;
(b) the control of the alienation of agricultural land to non-agriculturalists so as to ensure that such alienation takes place only when it is in the best interest of the territory;
(c) the supervision of tenancy arrangements and of working conditions with a view to securing for tenants and labourers the highest practicable standards of living and an equitable share in any advantages which may result from improvements in productivity or in price levels.
Section 3. Social Security
Article 8
Provision shall be made by law at the earliest possible date for the payment of compensation to employed persons in case of incapacity for work caused by accidents arising out of and in the course of their employment, and to their dependent survivors in case of death caused by such accidents, and for the medical care of persons injured by such accidents:
(a) in case of incapacity, compensation shall be paid not later than as from the fifth day after the accident, but, if the incapacity lasts for more than four weeks, compensation shall be payable as from the first day of incapacity; (b) all measures practicable under local conditions shall be taken to restore as quickly as possible the earning capacity of injured workers;
(c) unless otherwise provided by a general social insurance scheme, the cost of compensation shall be borne by employers, and, as soon and so far as possible, shall be covered by a system of compulsory insurance not carried on for profit;
(d) the law and all procedures relating to compensation shall be as simple as possible; in particular, a public officer shall be responsible for seeing that injured workers receive the compensation to which they are entitled, and claims shall be settled by summary and informal procedure.
Article 9
Where the injury results in permanent incapacity of other than a minor character or death, the compensation payable to the injured worker or his dependants shall be in the form of periodical payments: Provided that it may be wholly or partially paid in a lump sum if the competent authority is satisfied that it will be properly utilised or considers it impracticable properly to control periodical payments. It shall, however, be an aim of policy to eliminate the system of lump-sum payments in favour of periodical payments.
Article 10
The provisions of Articles 8 and 9 shall, where appropriate, apply to workmen's compensation for occupational diseases.
Article 11
1. There shall be equality of treatment for national and foreign workers in respect of workmen's compensation for accidents and occupational diseases.
2. Foreign workers who are entitled to workmen's compensation benefits and who are returning to their countries of origin shall be entitled to any compensation which would have been due to them if they had remained in the territory of employment. If benefit payments are periodical, they shall continue to receive such benefits or be granted a lump sum in lieu thereof.
Article 12
1. It shall be an aim of policy, in areas where substantial numbers of the workers normally earn their living by wage earning, to introduce compulsory insurance for the protection of wage earners and their dependants in cases of sickness and maternity, old age, death of the breadwinner and unemployment. As soon as the necessary conditions for the operation of such insurance are present, arrangements to that end shall be inaugurated.
2. It shall be an aim of policy to provide, through compulsory sickness and maternity insurance, medical care for injured persons and their dependants, in so far as such care is not already provided as a free public service.
Section 4. Placing of Workers
Article 13
1. Where employment or migration is on a sufficient scale, provision shall be made for a system of free public employment offices.
2. Where the nature of labour migration so requires, properly equipped rest houses shall be provided by the competent authority.
3. Any systems which may be operated by associations of employers or of organised workers for the placing of workers and for their welfare during journeys to and from employment shall be without cost to the workers and under the close supervision of the competent authority.
Section 5. Hours and Holidays
Article 14
1. The maximum hours of work in industrial and commercial undertakings shall be fixed by the competent authority.
2. So far as practicable, the maximum hours of work in agricultural undertakings shall be fixed by the competent authority.
3. The reports communicated to the International Labour Office in accordance with Paragraph 2 of this Recommendation shall contain full information concerning the measures taken to regulate hours, including information on the limits of the hours prescribed, any provisions for minimum periods of unbroken rest, any special limitations for unhealthy, dangerous or onerous operations, any special arrangements for particular operations, any exceptions permitted for seasonal employment, and the methods of application of the regulations.
Article 15
1. Workers employed in industrial and commercial undertakings shall be granted in every period of seven days a period of rest comprising at least twenty-four consecutive hours, but wherever appropriate to the customs of the workers, a proportionate period of rest calculated over a longer period than one week is permissible.
2. Such provision for weekly rest shall be extended as soon as possible to agricultural undertakings subject to such adaptations as may be necessary to take account of the requirements of production.
3. The period of rest shall wherever possible be granted simultaneously to the whole of the staff of each undertaking and be fixed so as to coincide with the days already established by the customs of the workers.
4. Total or partial exceptions may be authorised by the competent authority when considered necessary. Overtime shall be compensated by wages substantially in excess of the normal rates whenever there is encroachment on the rest period.
Article 16
1. As soon as practicable, provision shall be made entitling workers employed in industrial and commercial undertakings to an annual holiday with pay of at least twelve working days, after one year of substantially regular employment. Where the employment of a worker is terminated after the completion of six months' service for a reason other than misconduct on his part he shall be entitled to a pro rata payment in lieu of an annual holiday.
2. It shall be an aim of policy to establish, wherever practicable, that workers employed in agricultural undertakings shall be entitled, after one year of substantially regular employment, to an annual holiday with pay of at least twelve working days. Where the employment of a worker is terminated after the completion of six months' service for a reason other than misconduct on his part he shall be entitled to a pro rata payment in lieu of an annual holiday.
3. Where workers are employed at considerable distances from their homes, a holiday calculated on the same basis over a longer period of employment may be substituted for the annual holiday with pay of twelve working days.
4. Where workers are employed at distances from their homes where they have been recruited or engaged, all practicable means shall be taken to facilitate their visiting their homes during holidays with pay.
Article 17
Where the competent authority is satisfied that hours of work, weekly rest or annual holidays with pay are adequately regulated by collective agreements or awards which cover a substantial number of the workers concerned, such agreements or awards may be regarded as satisfying the relevant provisions of this Section.
Section 6. Powers of Labour Inspectors
Article 18
1. Inspectors appointed by the competent authority and provided with credentials shall be authorised by law to exercise the following powers for the purpose of carrying out their duties:
(a) the power to visit and inspect, at any hour of the day or night, places where they may have reasonable cause to believe that persons under the protection of the law are employed;
(b) the power to enter by day any place which they may have reasonable cause to believe to be an undertaking, or part thereof, subject to their supervision;
(c) the power to question any person employed in the undertaking, either alone or in the presence of witnesses, or to apply for information to any other person whose evidence they may consider necessary;
(d) the power to require to be shown any registers or documents which the laws regulating conditions of work require to be kept.
2. Before leaving the undertaking, inspectors shall, if possible, notify the employer or his representative of their visit, unless they consider such a notification may be prejudicial to the performance of their duties.
Section 7. Conciliation
Article 19
1. All procedures for the investigation and settlement of disputes between employer and worker shall be as simple as possible.
2. Employers and workers shall be encouraged to reach fair settlements of disputes by conciliation without recourse to courts of law. For this purpose all practicable measures shall be taken to consult and associate the representatives of organisations of employers and workers in the establishment and working of conciliation machinery.
3. Subject to the operation of such machinery, public officers shall be responsible for the investigation of disputes and shall endeavour to promote conciliation and to assist the parties in arriving at a fair settlement. Where practicable, these officers shall be officers especially assigned to such duties.
Section 8. Health and Safety in Employment
Article 20
1. Minimum conditions shall be prescribed for the protection of the health, safety and welfare of workers in industrial undertakings and in other undertakings where the machinery used or the operations performed render such measures necessary.
2. Machinery imported from abroad shall be equipped with the safety devices prescribed in the territory of importation. If the competent authority in the territory of importation has not prescribed the necessary safety devices for any imported machinery, such machinery shall be equipped with the devices prescribed in the country of manufacture.
3. So far as possible the safety devices shall be incorporated in the original design of the machinery.
Article 21
1. Consideration shall be given to the application to dependent territories of the provisions of the Protection against Accidents (Dockers) Convention (Revised), 1932, in particular in the case of large ports and wherever new machinery is installed for the loading or unloading of ships, whether berthed in docks, at buoy or at anchorage.
2. Consideration shall be given to the desirability of ratifying the Protection against Accidents (Dockers) Convention (Revised), 1932, by such States responsible for dependent territories possessing ports as have not already done so.
Article 22
As soon as possible, provision shall be made requiring the gross weight of any package or object of one thousand kilograms (one metric ton) or more consigned within any territory for transport by sea or inland waterway to be plainly and durably marked on the package or object before it is loaded on any vessel.
Article 23
1. In order to secure the adoption of the most suitable safety means for preventing accidents and diseases, the following principles shall be applied:
(a) the notification of all accidents to the competent authority shall be required, and one of the essential duties of the inspectors appointed by the competent authority shall be to investigate accidents, and more especially those of a serious or recurring character, with a view to ascertaining by what measures they can be prevented;
(b) inspectors shall inform and advise employers' and workers' organisations on the best standards of health and safety;
(c) inspectors shall encourage the collaboration of employers, managing staff and workers for the promotion of personal caution, safety methods and the perfecting of safety equipment;
(d) inspectors shall endeavour to promote the improvement and perfecting of measures of health and safety, by the systematic study of technical methods for the internal equipment of undertakings, by special investigations into problems of health and safety, and by any other means.
2. In territories where it is considered preferable to have a special organisation for accident insurance and prevention completely independent of the inspectorate, the special officers of such an organisation shall be guided by the foregoing principles.
Section 9. Information
Article 24
The competent authority shall assume responsibility for making widely known the nature and significance of the measures adopted in conformity with the foregoing articles and the articles of the Social Policy in Dependent Territories Recommendation, 1944, for the information of the workers and their families, and of the employers. Workers' organisations and employers' organisations, where such exist, shall be utilised as channels for this information. Wherever practicable, such information shall be made available in the local vernaculars.
Section 10. Definitions and Scope
Article 25
For the purposes of the present Annex :
(a) the term agricultural undertaking may be defined so as to include processes conducted on the undertaking for the preservation and despatch of the agricultural products of the undertaking, unless it is desired to classify these processes as parts of an industrial undertaking;
(b) the term commercial undertaking includes :
(i) commercial establishments and offices, including establishments engaging wholly or mainly in the sale, purchase, distribution, insurance, negotiation, loan or administration of goods or services of any kind;
(ii) establishments for the treatment or care particularly of the aged, infirm, sick, destitute, or mentally unfit;
(iii) hotels, restaurants, boarding houses, clubs, cafés and other refreshment houses;
(iv) theatres and places of public amusement; and
(v) any establishment similar in character to those enumerated in sub-paragraphs (i), (ii), (iii), and (iv) above;
(c) the term industrial undertaking includes :
(i) undertakings in which articles are manufactured, altered, cleaned, repaired, ornamented, finished, adapted for sale, broken up or demolished, or in which materials are transformed, including undertakings engaged in shipbuilding, in the generation, transformation or transmission of electricity, in the production or distribution of gas or motive power of any kind, in the purification or distribution of water, or in heating;
(ii) undertakings engaged in the construction, reconstruction, maintenance, repair, alteration, or demolition of any one or more of the following: buildings, railways, tramways, airports, harbours, docks, piers, works of protection against floods or coast erosion, canals, works for the purpose of inland, maritime or aerial navigation, roads, tunnels, bridges, viaducts, sewers, drains, wells, irrigation or drainage works, telecommunication installations, works for the production or distribution of electricity or gas, pipelines, waterworks, and undertakings engaged in other similar works or in the preparation for or laying the foundations of any such work or structure;
(iii) mines, quarries or other works for the extraction of minerals from the earth; and
(iv) undertakings engaged in the transport of passengers or goods, excluding transport by hand, unless such undertakings are regarded as parts of the operation of an agricultural or commercial undertaking;
(d) the terms agricultural undertaking , [ commercial undertaking ] and industrial undertaking include both public and private undertakings.
Article 26
The competent authority may, by public regulations published beforehand, exclude from the application of the provisions of the present Annex undertakings or vessels in respect of which, from their nature and size, adequate supervision may be impracticable.