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GB.271/LILS/10
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Committee on Legal Issues and International Labour Standards |
LILS |
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TENTH ITEM ON THE AGENDA
Forms for reports under articles 19 and 22
of the Constitution
(b) Form for reports on unratified Conventions
(article 19 of the Constitution):
Discrimination (Employment and Occupation)
Convention, 1958 (No. 111) and
Equal Remuneration Convention, 1951 (No. 100)
1. In accordance with the decisions taken by the Governing Body at its 261st Session (November 1994), the Committee is requested to examine the draft form to be used as a basis for the reports on the Conventions which member States will be required to submit in 1999 in accordance with article 19, paragraphs 5 and 7 of the Constitution. The draft form, which has been prepared in accordance with the recommendations made by the Committee, is appended.
2. The Committee is invited to decide on the report forms for the Discrimination (Employment and Occupation) Convention, 1958 (No. 111) and the Equal Remuneration Convention, 1951 (No. 100) and to submit it to the Governing Body for approval.
Geneva, 26 February 1998.
Point for decision: Paragraph 2.
Appl.19.C.111
Discrimination (Employment and
Occupation) Convention, 1958
INTERNATIONAL LABOUR OFFICE
REPORTS ON UNRATIFIED CONVENTIONS
(Article 19 of the Constitution of the
International Labour Organization)
REPORT FORM FOR THE DISCRIMINATION
(EMPLOYMENT AND OCCUPATION) CONVENTION, 1958 (No. 111)
GENEVA
1998
Article 19 of the Constitution of the International Labour Organization relates to the adoption of Conventions and Recommendations by the Conference, as well as to the obligations resulting therefrom for the Members of the Organization. Paragraphs 5 and 7 of this article read as follows:
5. In the case of a Convention --
...
(a) the Convention will be communicated to all Members for ratification;
(b) each of the Members undertakes that it will, within the period of one year at most from the closing of the session of the Conference, or if it is impossible owing to exceptional circumstances to do so within the period of one year, then at the earliest practicable moment and in no case later than 18 months from the closing of the session of the Conference, bring the Convention before the authority or authorities within whose competence the matter lies, for the enactment of legislation or other action;
(c) Members shall inform the Director-General of the International Labour Office of the measures taken in accordance with this article to bring the Convention before the said competent authority or authorities, with particulars of the authority or authorities regarded as competent, and of the action taken by them;
(d) if the Member obtains the consent of the authority or authorities within whose competence the matter lies, it will communicate the formal ratification of the Convention to the Director-General and will take such action as may be necessary to make effective the provisions of such Convention;
(e) if the Member does not obtain the consent of the authority or authorities within whose competence the matter lies, no further obligation shall rest upon the Member except that it shall report to the Director-General of the International Labour Office, at appropriate intervals as requested by the Governing Body, the position of its law and practice in regard to the matters dealt with in the Convention, showing the extent to which effect has been given, or is proposed to be given, to any of the provisions of the Convention by legislation, administrative action, collective agreement or otherwise and stating the difficulties which prevent or delay the ratification of such Convention.
7. In the case of a federal State, the following provisions shall apply:
(a) in respect of Conventions and Recommendations which the federal government regards as appropriate under its constitutional system for federal action, the obligations of the federal State shall be the same as those of Members which are not federal States;
(b) in respect of Conventions and Recommendations which the federal government regards as appropriate under its constitutional system, in whole or in part, for action by the constituent states, provinces or cantons rather than for federal action, the federal government shall --
(i) make, in accordance with its Constitution and the Constitutions of the states, provinces or cantons concerned, effective arrangements for the reference of such Conventions and Recommendations not later than 18 months from the closing of the session of the Conference to the appropriate federal, state, provincial or cantonal authorities for the enactment of legislation or other action;
(ii) arrange, subject to the concurrence of the state, provincial or cantonal governments concerned, for periodical consultations between the federal and the state, provincial or cantonal authorities with a view to promoting within the federal State coordinated action to give effect to the provisions of such Conventions and Recommendations;
(iii) inform the Director-General of the International Labour Office of the measures taken in accordance with this article to bring such Conventions and Recommendations before the appropriate federal, state, provincial or cantonal authorities with particulars of the authorities regarded as appropriate and of the action taken by them;
(iv) in respect of each such Convention which it has not ratified, report to the Director-General of the International Labour Office, at appropriate intervals as requested by the Governing Body, the position of the law and practice of the federation and its constituent states, provinces or cantons in regard to the Convention, showing the extent to which effect has been given, or is proposed to be given, to any of the provisions of the Convention by legislation, administrative action, collective agreement, or otherwise;
...
In accordance with the above provisions, the Governing Body of the International Labour Office examined and approved the present form of report. This has been drawn up in such a manner as to facilitate the supply of the required information on uniform lines and the preparation of the summary of information and reports to be submitted by the Director-General of the International Labour Office to the Conference under article 23 of the Constitution.
Report
to be made no later than 30 April 1999, in accordance with article 19 of the Constitution of the International Labour Organization by the Government of: .............................. on the
Discrimination (Employment and Occupation) Convention, 1958 (No. 111)(16)
adopted by the International Labour Conference at its 42nd Session.
I. Please indicate whether effect is given in your country to all or some of the provisions of the Convention --
(a) by legislation; or
(b) by customary law or practice.
In the first alternative, please forward to the International Labour Office copies of the legislative texts and regulations mentioned in this report as well as any other available documents relating to the effect given to the provisions of the Convention, such as forms, model rules, handbooks, inspection reports, statistics, etc.
In the second alternative, please indicate how effect is given to the Articles of the Convention.
II. Please give in summarized form information concerning national policy to promote equality of opportunity and treatment (legislation, regulations, important judicial decisions and practice) existing in your country which may facilitate an appreciation of the extent to which effect has actually been given to the provisions of the Convention in respect of access to vocational training, access to employment and various occupations, and terms and conditions of employment.
III. Please specify whether any grounds in addition to the seven specified in Article 1(1)(a) of the Convention have been determined, after consultation with workers' and employers' organizations, to be additional grounds of prohibited discrimination. How have such additional grounds been protected in the areas listed in II above?
IV. Please specify which national authorities are entrusted with the enforcement of the national policy of equal opportunity and treatment, and indicate how workers' and employers' organizations cooperate with them.
V. (a) Please indicate whether any modifications have been made in national legislation or practice with a view to giving effect to all or some of the provisions of the Convention.
(b) Please describe, in detail, any difficulties arising from the Convention, from national legislation or practice, or any other reason which may prevent or delay the ratification of the Convention.
(c) Please also state whether it is intended to adopt measures to give effect to those provisions of the Convention not yet covered by national legislation or practice.
VI. Please indicate the representative organizations of employers and workers to which copies of the present report have been communicated in accordance with article 23, paragraph 2, of the Constitution of the International Labour Organization.(17)
Please state whether you have received from the organizations of employers or workers concerned any observations concerning the effect given, or to be given, to the instrument to which the present report relates.
Appl.19.C.100
Equal Remuneration Convention, 1951
INTERNATIONAL LABOUR OFFICE
REPORTS ON UNRATIFIED CONVENTIONS
(Article 19 of the Constitution of the
International Labour Organization)
REPORT FORM FOR THE EQUAL REMUNERATION
CONVENTION, 1951 (No. 100)
GENEVA
1998
Article 19 of the Constitution of the International Labour Organization relates to the adoption of Conventions and Recommendations by the Conference, as well as to the obligations resulting therefrom for the Members of the Organization. Paragraphs 5 and 7 of this article read as follows:
5. In the case of a Convention --
...
(a) the Convention will be communicated to all Members for ratification;
(b) each of the Members undertakes that it will, within the period of one year at most from the closing of the session of the Conference, or if it is impossible owing to exceptional circumstances to do so within the period of one year, then at the earliest practicable moment and in no case later than 18 months from the closing of the session of the Conference, bring the Convention before the authority or authorities within whose competence the matter lies, for the enactment of legislation or other action;
(c) Members shall inform the Director-General of the International Labour Office of the measures taken in accordance with this article to bring the Convention before the said competent authority or authorities, with particulars of the authority or authorities regarded as competent, and of the action taken by them;
(d) if the Member obtains the consent of the authority or authorities within whose competence the matter lies, it will communicate the formal ratification of the Convention to the Director-General and will take such action as may be necessary to make effective the provisions of such Convention;
(e) if the Member does not obtain the consent of the authority or authorities within whose competence the matter lies, no further obligation shall rest upon the Member except that it shall report to the Director-General of the International Labour Office, at appropriate intervals as requested by the Governing Body, the position of its law and practice in regard to the matters dealt with in the Convention, showing the extent to which effect has been given, or is proposed to be given, to any of the provisions of the Convention by legislation, administrative action, collective agreement or otherwise and stating the difficulties which prevent or delay the ratification of such Convention.
7. In the case of a federal State, the following provisions shall apply:
(a) in respect of Conventions and Recommendations which the federal government regards as appropriate under its constitutional system for federal action, the obligations of the federal State shall be the same as those of Members which are not federal States;
(b) in respect of Conventions and Recommendations which the federal government regards as appropriate under its constitutional system, in whole or in part, for action by the constituent states, provinces or cantons rather than for federal action, the federal government shall --
(i) make, in accordance with its Constitution and the Constitutions of the states, provinces or cantons concerned, effective arrangements for the reference of such Conventions and Recommendations not later than 18 months from the closing of the session of the Conference to the appropriate federal, state, provincial or cantonal authorities for the enactment of legislation or other action;
(ii) arrange, subject to the concurrence of the state, provincial or cantonal governments concerned, for periodical consultations between the federal and the state, provincial or cantonal authorities with a view to promoting within the federal State coordinated action to give effect to the provisions of such Conventions and Recommendations;
(iii) inform the Director-General of the International Labour Office of the measures taken in accordance with this article to bring such Conventions and Recommendations before the appropriate federal, state, provincial or cantonal authorities with particulars of the authorities regarded as appropriate and of the action taken by them;
(iv) in respect of each such Convention which it has not ratified, report to the Director-General of the International Labour Office, at appropriate intervals as requested by the Governing Body, the position of the law and practice of the federation and its constituent states, provinces or cantons in regard to the Convention, showing the extent to which effect has been given, or is proposed to be given, to any of the provisions of the Convention by legislation, administrative action, collective agreement, or otherwise;
...
In accordance with the above provisions, the Governing Body of the International Labour Office examined and approved the present form of report. This has been drawn up in such a manner as to facilitate the supply of the required information on uniform lines and the preparation of the summary of information and reports to be submitted by the Director-General of the International Labour Office to the Conference under article 23 of the Constitution.
Report
to be made no later than 30 April 1999, in accordance with article 19 of the Constitution of the International Labour Organization by the Government of: ............................ on the
Equal Remuneration Convention, 1951 (No. 100)(18)
adopted by the International Labour Conference at its Thirty-fourth Session.
I. Please indicate whether effect is given in your country to all or some of the provisions of the Convention --
(a) by legislation, including legally established or recognized machinery for wage determination,
(b) by customary law or practice, or
(c) by collective agreements between workers and employers.
In the first alternative, please forward to the International Labour Office copies of the legislative texts, regulations and wages orders or awards mentioned in the report as well as any other available documents relating to the effect given to the provisions of the Convention, such as forms, model rules, handbooks, inspection reports, statistics, etc.
In the second and third alternatives, please indicate how effect is given to the Articles of the Convention and supply copies of current collective agreements for sectors employing large numbers of women proportionate to men.
II. Please give in summarized form information concerning the legislation, regulations, important judicial decisions and practice existing in your country which may facilitate an appreciation of the extent to which effect has actually been given to the principle of equal remuneration for men and women workers for work of equal value.
III. Where objective job evaluation is used to apply the principle of equal remuneration, please describe the systems used and their results.
IV. Please describe how employers' and workers' organizations cooperate in giving effect to the principle of equal remuneration. Are any specialized national machineries involved in this cooperation? If so, please describe the procedures and results.
V. (a) Please indicate whether any modifications have been made in national legislation or practice with a view to giving effect to the principle contained in the Convention.
(b) Please describe, in detail, any difficulties arising from the Convention, from national legislation or practice, or any other reason which may prevent or delay the ratification of the Convention.
(c) Please also state whether it is intended to adopt measures to give effect to those provisions of the Convention not yet covered by national legislation or practice.
VI. Please indicate the representative organizations of employers and workers to which copies of the present report have been communicated in accordance with article 23, paragraph 2, of the Constitution of the International Labour Organization.(19)
Please state whether you have received from the organizations of employers or workers concerned any observations concerning the effect given, or to be given, to the instrument to which the present report relates.
16. The text of the Convention is appended.
17. Article 23, paragraph 2, of the Constitution reads as follows: "Each Member shall communicate to the representative organizations recognized for the purpose of Article 3 copies of the information and reports communicated to the Director-General in pursuance of articles 19 and 22."
18. The text of the Convention is appended.
19. Article 23, paragraph 2, of the Constitution reads as follows: "Each Member shall communicate to the representative organizations recognized for the purpose of Article 3 copies of the information and reports communicated to the Director-General in pursuance of articles 19 and 22."