1. The Working Party began its examination of the international labour Recommendations at the 273rd Session of the Governing Body on the basis of a paper submitted by the Office,(1) whose introduction detailed the provisions applicable to the revision of Recommendations and proposed criteria for their analysis (paragraphs 1 to 25 of the paper). The main points of the introduction are recalled below. The Working Party approved the methodology proposed by the Office for the analysis,(2) noting that in practice the Conference has tended to replace Recommendations rather than revise them under article 45 of its Standing Orders. Replacement, which includes the modification of a Recommendation by a Convention and/or a Recommendation, has a wider scope and is more flexible than its revision.
2. A systematic study of Recommendations was carried out in 1974 as part of the In-depth review of international labour standards.(3) The study distinguished between Recommendations which were still of current interest and those that had been superseded or were no longer of interest. In the category of superseded Recommendations the paper cited both those instruments that had been revised or replaced juridically by decision of the Conference, and those which were out of date as a result of the adoption of new standards or a change of circumstances, on which the Conference had not expressed its views. Subsequently, two Working Parties (known by the name of Ventejol) of the Governing Body, whose reports were published in 1979 and 1987 respectively,(4) carried out a new classification of all the instruments into three categories: (1) instruments to be promoted on a priority basis; (2) instruments to be revised; (3) "other instruments", a category which mainly includes Recommendations that have been revised or replaced, and Recommendations that have de facto become obsolete; and a fourth category reserved for possible subjects for new instruments.
3. In the individual examination of the 42 Recommendations that follows, the case of Recommendations that have been replaced by express decision of the Conference is distinguished from that of Recommendations that might de facto have become obsolete following a change in circumstances or the adoption of subsequent standards on the same subject. In order to avoid confusion, the Office has used the word "supersede" (or "replace") alone in the first case, meaning that the Recommendation has been replaced in the juridical sense. In the second case, the Office will indicate that the Recommendation has been superseded "de facto" (as mentioned above, this clarification had not been made in the previous studies). Moreover, the Recommendations are divided into two groups: those that are linked to a Convention, and autonomous Recommendations, on the principle (emphasized by the Working Party at its last meeting), that the outcome of a Recommendation should normally be the same as that of the Convention it accompanies. Where a different solution from that adopted previously for the Convention is proposed for the Recommendation, the Office has given its reasons.
Summary of the proposals
(a) Juridical implications of replacement
4. Regarding the juridical implications of the replacement of an earlier instrument by express decision of the Conference, it is noted that it has been a practice of the Organization and of the Office -- though not systematically -- that the later instrument should substitute for the earlier instrument. The Office proposes to submit a paper to the Working Party, once it has completed its examination of the Recommendations, so that it can determine whether there is good reason to codify the practice and make it more rational, irrespective of the actual form that codification might take.
(b) Proposals regarding the Recommendations
5. In the light of the foregoing and of the ensuing analysis of the Recommendations, the Working Party is invited to examine the following proposals:
Recommendations that have been replaced: The Working Party is invited to recommend to the Governing Body that it note the replacement (in the juridical sense) of seven instruments by subsequent instruments and to request the Office to refrain from any measure aimed at giving them effect, without prejudice to any provisions the Conference might subsequently have before it.
Obsolete Recommendations: When a Recommendation can be considered as being obsolete and there is no reason to contemplate replacing it by new standards, the Working Party is invited to recommend to the Governing Body to note that the Recommendation is obsolete and, in due course, to propose its withdrawal to the Conference. This proposal relates to 13 Recommendations.
Promotion of up-to-date Recommendations: Where a Recommendation can be considered as up to date, the Working Party is invited to recommend to the Governing Body that it promote the said Recommendation and invite member States to give effect to it, in accordance with the provisions of article 19 of the Constitution. This proposal relates to ten Recommendations.
Recommendation that should be replaced: In two cases, the need for replacement was noted in the course of the analysis of an item included in the agenda of the 88th Session of the Conference or submitted to the Governing Body at the present session with a view to its possible inclusion in the agenda of the 89th Session. The instruments concerned are respectively the Human Resources Development Recommendation, 1975 (No. 150), and the Co-operatives (Developing Countries) Recommendation, 1966 (No. 127). In the first case, where the general discussion would encompasss inter alia the examination of Recommendation No. 150, the Working Party is invited to recommend to the Governing Body that it endorse this examination, which could serve to determine whether or not the instrument needs to be replaced. In the second case, the item itself relates to the adoption of new standards on the subject and will therefore give rise to a specific examination of Recommendation No. 127 and its possible replacement. The Working Party is invited to recommend to the Governing Body that this item be placed on the agenda of a forthcoming session of the Conference.
Recommendations whose need for replacement should be evaluated: In the case of six Recommendations, certain factors suggest that these instruments are out of date in certain respects. Further information, which could be obtained by consulting member States and/or in the course of their examination during a general discussion of the subject concerned that could be placed on the agenda of a subsequent session of the Conference, would be required to evaluate the need to replace these instruments. Regarding one other Recommendation, although nothing at present indicates that it is out of date, it would seem appropriate that it be considered in the course of a general discussion of the subject concerned, which could be placed on the agenda of a subsequent session of the Conference, in order to evaluate whether it meets such present-day needs as might be defined. The Working Party is invited to make recommendations to the Governing Body along these lines.
Status quo: One Recommendation, although very old, was found to still be relevant, another one accompanies a Convention for which it has been decided to maintain the status quo. It is proposed to the Working Party to recommend to the Governing Body that it maintain the status quo for these instruments.
Examination postponed: It is proposed to postpone the examination of one Recommendation, in view of the possible implications for it of a decision to be taken shortly concerning the Convention that it supplements.
6. In order to facilitate the Working Party's examination and at its request, three lists and a synopsis have been included in this paper. Leaving aside the maritime Recommendations, which will be listed separately, and those that will not be examined by the Working Party(5), the lists contain respectively all the autonomous Recommendations (Appendix 1), the titles of all the Recommendations linked to a Convention (Appendix 2) and the titles of all the Recommendations not reproduced in the Office's compilation (Appendix 3). The synopsis (Appendix 4) concerns only the 42 Recommendations analysed hereafter and makes it possible to visualize all the information about them. With respect to the non-autonomous Recommendation, it also shows the decisions taken with regard to the relevant Conventions. For the purposes of this analysis, a Recommendation linked to a Convention is understood as meaning one that was adopted together with a Convention on the same subject; it can also be said to accompany that Convention -- in some cases the preamble specifies that it supplements the Convention. Other than this specific link, a (linked or autonomous) Recommendation may have some relation to other instruments (Conventions or Recommendation); these will also be cited among the related instruments in the context of the examination of each instrument but will not be included in the table.
7. In the sphere of fundamental rights, three Recommendations relating to freedom of association and one to equality of opportunity and treatment were analysed.
Related instruments: Recommendation No. 143 was adopted together with the Workers' Representatives Convention, 1971 (No. 135).
Recommendation No. 149 was adopted together with the Rural Workers' Organisations Convention, 1975 (No. 141).
Recommendation No. 159 was adopted together with the Labour Relations (Public Service) Convention, 1978 (No. 151), which it supplements.
Need for revision: The Ventejol Working Parties of 1979 and 1987 classified the three Recommendations in the category of instruments to be promoted on a priority basis. Since 1988, 31 comments by the Committee of Experts have related to Convention No. 143 and three to Recommendation No. 149. Conventions Nos. 135 and 151 were submitted to the Working Party for examination at the 268th Session of the Governing Body(6) and Convention No. 141 at the 270th Session.(7) These three Conventions are considered as being up to date. The Governing Body has decided to invite the member States to examine the possibility of ratifying them and providing the Office, where appropriate, with additional information relating to any obstacles and difficulties encountered in this connection.(8) The Office is not aware of any requests relating to these Recommendations which would imply the need to replace them. Therefore, it can be considered that the three Recommendations are also adapted to current needs and are up to date.
Proposal: The Working Party might recommend to the Governing Body to invite member States to give effect to the Workers' Representatives Recommendation, 1971 (No. 143), the Rural Workers' Organisations Recommendation, 1975 (No. 149), and the Labour Relations (Public Service) Recommendation, 1978 (No. 159).
R.165 -- Workers with Family Responsibilities Recommendation, 1981
Related instruments: This Recommendation was adopted together with the Workers with Family Responsibilities Convention, 1981 (No. 156). Paragraph 35 of Recommendation No. 165 stipulates that it supersedes the Employment (Women with Family Responsibilities) Recommendation, 1965 (No. 123).
Need for revision: The Ventejol Working Party of 1987 classified this Recommendation in the category of instruments to be promoted on a priority basis. Since 1988, the Committee of Experts has referred to it in 15 of its comments. Convention No. 156 was submitted to the Working Party for examination at the 268th and 271st Sessions of the Governing Body.(9) It was decided to invite the member States to examine the possibility of ratifying it.(10) The consultations carried out in 1997 on this subject revealed that most constituents consider this Convention to be up to date and that there is no reason to revise it. It appears that the same conclusion can be drawn about the Recommendation accompanying it.
Proposals: The Working Party might recommend to the Governing Body to invite member States to give effect to the Workers with Family Responsibilities Recommendation, 1981 (No. 165).
8. The ILO has adopted a series of Recommendations in the employment sphere, 24 of which are examined in this section. These Recommendations relate to five areas: employment policy, employment services and fee-charging employment agencies, vocational guidance and training, rehabilitation and employment of disabled persons, and employment security.
Related instruments: This Recommendation was adopted together with the Unemployment Convention, 1919 (No. 2). These two instruments were supplemented by the Fee-Charging Employment Agencies Convention, 1933 (No. 34) (see the preamble to the Employment Agencies Recommendation, 1933 (No. 42)).
Need for revision: The 1974 study considered that Recommendation No. 1 (which deals with the abolition of fee-charging employment agencies, the recruitment of workers in one country with a view to their employment in another country, unemployment insurance and public works to combat unemployment) had been superseded (de facto) by later, more detailed standards covering these various areas.(11) The Ventejol Working Parties of 1979 and 1987 classified it in the category of "other instruments". It was not reproduced in the Office's compilation. Convention No. 2 was submitted to the Working Party for examination at the 267th and 268th Sessions of the Governing Body.(12) At the 268th Session, given the number of countries that had ratified it, the Governing Body decided to maintain the status quo for this instrument.(13) The standards that have been adopted on the same subjects include the Migration for Employment Convention, 1949 (No. 97), and Recommendation (Revised) (No. 86), the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143), and Migrant Workers Recommendation, 1975 (No. 151), the Employment Policy Convention, 1964 (No. 122), and Recommendation (No. 122), and the Employment Promotion and Protection against Unemployment Convention, 1988 (No. 168), and Recommendation (No. 176). As regards employment agencies, the instruments adopted subsequently are the Fee-Charging Employment Agencies Convention, 1933 (No. 34), and Employment Agencies Recommendation, 1933 (No. 42) (see paragraph II.5 below), the Fee-Charging Employment Agencies Convention (Revised), 1949 (No. 96), and the Private Employment Agencies Convention, 1997 (No. 181), and Recommendation (No. 188). It should be noted that, while Convention No. 2 merely provides for the establishment of free public employment agencies and the coordination of public and private agencies, Recommendation No. 1 recommends the adoption of measures to prohibit the establishment of employment agencies which charge fees or which carry on their business for profit and to abolish those that already exist. Convention No. 34 (shelved by decision of the Governing Body)(14) and Recommendation No. 42, and subsequently Convention No. 96, progressively softened this radical position and led up to Convention No. 181 and Recommendation No. 188, which are the current standards on the subject and adopt a different approach, recognizing the role which private employment agencies may play in a well-functioning labour market, while protecting the rights of workers using their services. It therefore appears that Recommendation No. 1 can be considered to be obsolete.
Proposals: The Working Party might recommend to the Governing Body:
to note that the Unemployment Recommendation, 1919 (No. 1), is obsolete;
to propose to the Conference its withdrawal in due course.
R.11 -- Unemployment (Agriculture) Recommendation, 1921
R.45 -- Unemployment (Young Persons) Recommendation, 1935
R.50 -- Public Works (International Co-operation) Recommendation, 1937
R.51 -- Public Works (National Planning) Recommendation, 1937
R.73 -- Public Works (National Planning) Recommendation, 1944
Related instruments: These Recommendations are autonomous.
Need for revision: It was noted in the 1974 study that the Employment Policy Convention, 1964 (No. 122), and Recommendation (No. 122), laid down "comprehensive standards in the field of employment policy, which have [de facto] superseded the provisions of earlier Recommendations relating to particular groups of workers or to circumstances at a specific period. Accordingly, Recommendations Nos. 11, 50, 51, 71 and 73 may be considered to be no longer of current interest".(15) The study also mentions that Recommendation No. 45 was superseded (de facto) by the Special Youth Schemes Recommendation, 1970 (No. 136).(16) The Ventejol Working Parties of 1979 and 1987 classified all these Recommendations in the category of "other instruments". They are not reproduced in the Office's compilation. It appears that these instruments can be considered as obsolete.
Proposals: The Working Party might recommend to the Governing Body:
to note that the Unemployment (Agriculture) Recommendation, 1921 (No. 11), the Unemployment (Young Persons) Recommendation, 1935 (No. 45), the Public Works (International Co-operation) Recommendation, 1937 (No. 50), the Public Works (National Planning) Recommendation, 1937 (No. 51), and the Public Works (National Planning) Recommendation, 1944 (No. 73), are obsolete;
to propose to the Conference their withdrawal in due course.
R.71 -- Employment (Transition from War to Peace) Recommendation, 1944
Related instruments: This Recommendation is autonomous. The Employment Service Recommendation, 1944 (No. 72), was adopted in relation to it (see paragraph II.6 below).
Need for revision: The 1974 review considered that Recommendation No. 71 had been superseded (de facto) by later, more comprehensive standards in the field of employment policy,(17) namely the Employment Policy Convention, 1964 (No. 122), and Recommendation (No. 122). The Ventejol Working Parties of 1979 and 1987 classified this Recommendation in the category of "other instruments". This Recommendation, which came within the particular framework of the Second World War, has long been considered no longer to be of interest. It is one of the instruments that are not reproduced in the Office's compilation. It appears, however, that there is renewed interest in the issues it covers, as demonstrated by the proposal concerning the ILO's contribution to peace-building operations, which was included in the draft portfolio for the agenda of the 89th Session (2001) of the International Labour Conference presented to the Governing Body at its 273rd Session.(18) Though this Recommendation does not reflect the changed nature or reality of current armed conflict and is therefore unable to provide up-to-date guidance to constituents, it is proposed that, during a general discussion that might be held on the subject, the principles and questions raised in the Recommendation be taken into consideration in order to determine which are still valid and which need to be re-examined. If appropriate, this discussion might lead to the drafting of a new standard. The Governing Body did not select this subject for the 2001 Session of the Conference but did so as one of the areas for further research to be presented to it in November 1999. While not looking upon it as a priority issue, the Governing Body has therefore evinced some interest in the matter. Should a general discussion on the subject subsequently be placed on the agenda of the Conference, it would be the appropriate forum to examine the question of the replacement of Recommendation No. 71. In the meantime, the Working Party might wish to receive some additional information on the matter from the member States.
Proposals:
The Working Party might recommend to the Governing Body:
to invite member States to communicate to the Office any additional information on the possible need to replace the Employment (Transition from War to Peace) Recommendation, 1944 (No. 71);
further, should a general debate on the ILO's contribution to peace-building operations be placed on the agenda of the Conference, to invite the latter to take Recommendation No. 71 into consideration in order to evaluate the possible need to replace it.
The Working Party (or the Committee on Legal Issues and International Labour Standards) could re-examine the status of Recommendation No. 71 in due course.
R.136 -- Special Youth Schemes Recommendation, 1970
Related instruments: This Recommendation is autonomous.
Need for revision: The 1974 study considered that it superseded (de facto) Recommendation No. 45.(19) The Ventejol Working Parties of 1979 and 1987 classified Recommendation No. 136 in the category of instruments to be promoted on a priority basis. Since 1988, the Committee of Experts has referred 15 times to this Recommendation. The instrument is aimed at young people in difficulty for whom special attention associating various measures under an active employment policy is necessary. The general discussion on the subject of "Human resources training and development: Vocational guidance and vocational training" to be held during the 88th Session (2000) of the International Labour Conference will most likely cover certain aspects of the question, notably that of training as a preventive factor. Furthermore, the theme of youth employment is among the items proposed for the agenda of the 89th Session (2001) of the Conference that were submitted to the Governing Body at its last session.(20) The question of special programmes for disadvantaged youth is cited specifically among the points for discussion mentioned therein. There is nothing at present to suggest that Recommendation No. 136 is out of date. However, should such a discussion be placed on the agenda of the Conference, it would be appropriate in the context to take this instrument into consideration in order to evaluate whether the guidelines it sets down correspond to such modern requirements as might be defined.
Proposals:
The Working Party might recommend to the Governing Body to invite the Conference, should a general discussion on the theme of youth employment be placed on its agenda, to take into consideration the Special Youth Schemes Recommendation, 1970 (No. 136), in order to evaluate the possible need to replace it.
The Working Party (or the Committee on Legal Issues and International Labour Standards) could re-examine the status of Recommendation No. 136 in due course.
Related instruments: This Recommendation was adopted together with the Fee-Charging Employment Agencies Convention, 1933 (No. 34).
Need for revision: The Ventejol Working Parties of 1979 and 1987 classified this Recommendation in the category of "other instruments". It is not reproduced in the Office's compilation. Convention No. 34 was revised for the first time by the Fee-Charging Employment Agencies Convention (Revised), 1949 (No. 96), and on a second occasion in 1997, at the same time as Convention No. 96, by the Private Employment Agencies Convention, 1997 (No. 181) (see Article 16 of the Convention), which is supplemented by the Private Employment Agencies Recommendation, 1997 (No. 188). As indicated above (paragraph II.1), the 1997 instruments, which are currently the most modern instruments on this subject, contain different objectives to those pursued previously by the Organization. Convention No. 34 was examined by the Working Party at the 265th Session of the Governing Body.(21) It was decided to shelve it with immediate effect.(22) This Convention is therefore considered as being obsolete. The same conclusion seems appropriate with regard to the Recommendation which accompanies it.
Proposals: the Working Party might recommend to the Governing Body:
to note that the Employment Agencies Recommendation, 1933 (No. 42), is obsolete;
to propose to the Conference its withdrawal in due course.
Related instruments: This Recommendation is autonomous. According to its preamble, it follows on from Convention No. 2 (the Convention providing for the establishment of a "system of free public employment agencies under the control of a central authority") and to Recommendation No. 71 (which requires the existence of an efficient employment service). As indicated in paragraph II.7 below, Recommendation No. 83 was intended to supplement it.
Need for revision: The 1974 study considered however that Recommendation No. 72 had been superseded (de facto) by Convention No. 88 and the Employment Service Recommendation, 1948 (No. 83).(23) In fact, over the years the 1948 instruments, which are more precise and comprehensive, became the reference instruments in this area, taking the place of the 1944 instrument. The Ventejol Working Parties of 1979 and 1987 classified this Recommendation in the category of "other instruments". It is not reproduced in the Office's compilation. It appears that this Recommendation could be considered to be obsolete.
Proposals: The Working Party might recommend to the Governing Body:
to note that the Employment Service Recommendation, 1944 (No. 72), is obsolete;
to propose to the Conference its withdrawal in due course.
Related instruments: Recommendation No. 83 was adopted together with the Employment Service Convention, 1948 (No. 88), which it supplements. The preamble to the Recommendation notes that it also supplements the Employment Service Recommendation, 1944 (No. 72) (examined in II.6 above).
Need for revision: The Ventejol Working Parties of 1979 and 1987 classified this instrument among those to be promoted on a priority basis. Since 1988, the Committee of Experts has referred to it on seven occasions. The question of the possible need for revision of Convention No. 88 and Recommendation No. 83 was raised during the discussions that were held in 1994 in the Committee on Private Employment Agencies of the International Labour Conference. The Committee concluded by expressing "its continuing support for the principles set out in Convention No. 88".(24) This Convention was also submitted to the Working Party for examination at the 267th Session of the Governing Body.(25) The Governing Body decided to maintain the status quo of this Convention.(26) It appears that the same solution should be applied to the Recommendation which accompanies it.
Proposal: The Working Party might recommend to the Governing Body to maintain the status quo with respect to the Employment Service Recommendation, 1948 (No. 83).
11. Nine Recommendations on this subject are examined below. The most recent Recommendation is linked to a Convention. The eight others are autonomous.
Related instruments: This Recommendation is autonomous.
Need for revision: The in-depth study of 1974 considered that it had been superseded (de facto) by the Vocational Training (Agriculture) Recommendation, 1956 (No. 101). The Ventejol Working Parties of 1979 and 1987 classified this Recommendation in the category of "other instruments". It is not reproduced in the Office's compilation. Recommendation No. 15 appears no longer to serve a useful purpose on account of its de facto replacement.
Proposals: The Working Party might recommend to the Governing Body:
to note that the Vocational Education (Agriculture) Recommendation, 1921 (No. 15), is obsolete;
to propose to the Conference its withdrawal in due course.
Related instruments: This Recommendation is autonomous. Other instruments were adopted the same year on safety in the building industry: the Safety Provisions (Building) Convention, 1937 (No. 62),(27) and Recommendation (No. 53), the Inspection (Building) Recommendation, 1937 (No. 54) (examined in paragraph IV.2 below), and the Co-operation in Accident Prevention (Building) Recommendation, 1937 (No. 55).
Need for revision: The 1974 study considered that this Recommendation was still of interest. Since that time, new provisions on the two areas to which it relates -- vocational education and safety and health in the building industry -- have been introduced in the following instruments: the Human Resources Development Convention, 1975 (No. 142), and Recommendation (No. 150) (examined in paragraph II.11 below); the Safety and Health in Construction Convention, 1988 (No. 167), and Recommendation (No. 175). (Convention No. 167 revises Convention No. 62, and Recommendation No. 175 replaces Recommendations Nos. 53 and 55.) The Ventejol Working Parties of 1979 and 1987 classified it in the category of "other instruments". It appears that this Recommendation no longer serves any useful purpose.
Proposals: The Working Party might recommend to the Governing Body:
to note that the Vocational Education (Building) Recommendation, 1937 (No. 56), is obsolete;
to propose to the Conference its withdrawal in due course.
R.57 -- Vocational Training Recommendation, 1939
R.60 -- Apprenticeship Recommendation, 1939
R.87 -- Vocational Guidance Recommendation, 1949
R.88 -- Vocational Training (Adults) Recommendation, 1950
R.101 -- Vocational Training (Agriculture) Recommendation, 1956
R.117 -- Vocational Training Recommendation, 1962
Related instruments: These Recommendations are autonomous. Paragraph 80 of the Vocational Training Recommendation, 1962 (No. 117), provides that it supersedes Recommendations Nos. 57, 60 and 88. Paragraph 77 of the Human Resources Development Recommendation, 1975 (No. 150) (examined below), provides that it supersedes Recommendations Nos. 87, 101 and 117. None of these Recommendations is reproduced in the Office's compilation.
Proposal: The Working Party might recommend to the Governing Body to note the replacement of the Vocational Training Recommendation, 1939 (No. 57), the Apprenticeship Recommendation, 1939 (No. 60), the Vocational Guidance Recommendation, 1949 (No. 87), the Vocational Training (Adults) Recommendation, 1950 (No. 88), the Vocational Training (Agriculture) Recommendation, 1956 (No. 101), and the Vocational Training Recommendation, 1962 (No. 117).
R.150 -- Human Resources Development Recommendation, 1975
Related instruments: This Recommendation was adopted together with the Human Resources Development Convention, 1975 (No. 142).
Need for revision: The Ventejol Working Parties of 1979 and 1987 classified this Recommendation in the category of instruments to be promoted on a priority basis. Since 1988, the Committee of Experts has referred to it in 19 comments. Paragraph 77 of the Recommendation provides that it supersedes Recommendations Nos. 87, 101 and 117. Convention No. 142 was submitted to the Working Party for examination at the 268th Session of the Governing Body.(28) The Governing Body decided to invite member States to examine the possibility of ratifying this Convention, while inviting the Director-General to undertake a study on the ways and means of increasing and developing technical cooperation in this sphere. The Working Party proposed that the status of this Convention be re-examined in due course.(29) Furthermore, as indicated above (paragraph II.4), an item entitled "Human resources training and development: Vocational guidance and vocational training" has been placed on the agenda of the 88th Session (2000) of the International Labour Conference for a general discussion. The proposal relating to this subject is developed in document GB.271/4/1 (paragraphs 13-33). The document notes that while the Human Resources Development Convention, 1975 (No. 142), which is rather general, can still be regarded as valid, Recommendation No. 150 appears to be outdated as a result of developments in economic and social conditions. The general discussion scheduled should guide the Office as to possible future standard-setting action, which could include the drafting of a new Recommendation to replace Recommendation No. 150.
Proposals:
The Working Party might recommend to the Governing Body to endorse the examination of the Human Resources Development Recommendation, 1975 (No. 150), during the general discussion scheduled for the year 2000 on the subject "Human resources training and development: Vocational guidance and vocational training" in order to determine the need to replace it.
The Working Party (or the LILS Committee) might re-examine the status of Recommendation No. 150 in due course.
12. The two Recommendations concerned are the Vocational Rehabilitation (Disabled) Recommendation, 1955 (No. 99), and the Vocational Rehabilitation and Employment (Disabled Persons) Recommendation, 1983 (No. 168).
Related instruments: Recommendation No. 99 is autonomous. Recommendation No. 168 was adopted together with the Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159), which it supplements. According to its preamble, Recommendation No. 168 also supplements Recommendation No. 99.
Need for revision: The Ventejol Working Party of 1987 classified these two Recommendations in the category of instruments to be promoted on a priority basis. Convention No. 159 was submitted to the Working Party for examination at the 268th Session of the Governing Body.(30) It was considered as being up to date and the Governing Body decided to invite the member States to examine the possibility of ratifying it.(31) Both this Convention and Recommendation No. 168 were the focus of a General Survey entitled Vocational rehabilitation and employment of disabled persons, which was examined by the International Labour Conference in 1998.(32) In its survey, the Committee of Experts emphasized the interest both of Recommendation No. 168 and Recommendation No. 99. The relevance of the standards contained in the latter and the way in which they supplement those contained in Recommendation No. 168 are recalled throughout the report. These two Recommendations therefore appear to be up to date.
Proposals: The Working Party might recommend to the Governing Body to invite the member States to give effect to the Vocational Rehabilitation (Disabled) Recommendation, 1955 (No. 99), and to the Vocational Rehabilitation and Employment (Disabled Persons) Recommendation, 1983 (No. 168).
13. The two Recommendations examined below are the Termination of Employment Recommendation, 1963 (No. 119), and the Termination of Employment Recommendation, 1982 (No. 166).
R.119 -- Termination of Employment Recommendation, 1963
Related instruments: Recommendation No. 119 is autonomous. It was superseded by both the Termination of Employment Convention, 1982 (No. 158) and Recommendation (No. 166), as provided in Paragraph 27 of Recommendation No. 166. Recommendation No. 119 is not reproduced in the Office's compilation.
Proposals: The Working Party might recommend to the Governing Body to note the replacement of the Termination of Employment Recommendation, 1963 (No. 119).
R.166 -- Termination of Employment Recommendation, 1982
Related instruments: Recommendation No. 166 was adopted together with Convention No. 158, which it supplements. Together with Convention No. 158, it supersedes Recommendation No. 119 (see paragraph II.13 above).
Need for revision: The Ventejol Working Party of 1987 classified this Recommendation in the category of instruments to be promoted on a priority basis. Since 1988, the Committee of Experts has referred to it on seven occasions. Convention No. 158 was examined by the Working Party at the 268th Session(33) and the 271st Session(34) of the Governing Body. At the second of these sessions, the Governing Body decided to request the Office to carry out a short study on this Convention. Following the consultations held between these two sessions, it appeared that there was a wide range of obstacles to the ratification of the Convention which necessitated the examination being continued in order to try to attenuate them. It would be appropriate for Recommendation No. 166 to be taken into consideration in this study. Furthermore, the future of the Recommendation is linked to that of the Convention it supplements.
Proposal: The Working Party might postpone the examination of the Termination of Employment Recommendation, 1982 (No. 166), until a future session when the results of the short study on the Termination of Employment Convention, 1982 (No. 158), are available.
Related instruments: This Recommendation is autonomous.
Need for revision: The 1974 study considered this Recommendation to still be of interest.(35) The Ventejol Working Parties of 1979 and 1987 classified it in the category of instruments to be promoted on a priority basis. However, an item on the promotion of cooperatives is included in the proposals for the agenda of the 89th Session (2001) of the International Labour Conference submitted to the Governing Body at the current session. The proposal mentions that the political, economic and social situation that obtained in 1966, when this Recommendation was adopted, has changed radically (see summary).(36) Whereas Recommendation No. 127 is restricted to developing countries, the proposal is that new universal standards be adopted on the subject. The item should therefore give rise to a careful examination of the Recommendation and its possible replacement.
Proposal: The Working Party might recommend to the Governing Body to place the question of the promotion of cooperatives, with the examination of the Co-operatives (Developing Countries) Recommendation, 1966 (No. 127), with a view to its possible replacement, on the agenda of a forthcoming session of the Conference.
14. Six Recommendations relating to this question will be examined below. One of them, the most recent and detailed of these standards, is linked to a Convention. The five others are autonomous.
R.158 -- Labour Administration Recommendation, 1978
Related instruments: This Recommendation was adopted together with the Labour Administration Convention, 1978 (No. 150), which it supplements.
Need for revision: The Ventejol Working Parties of 1979 and 1987 classified Recommendation No. 158 in the category of instruments to be promoted on a priority basis. Convention No. 150 was submitted to the Working Party for examination during the 268th Session of the Governing Body.(37) It was decided to invite the member States to consider the possibility of ratifying this Convention.(38) Convention No. 150 and Recommendation No. 158 were the subject of a General Survey which was examined by the International Labour Conference in 1997.(39) It emerges from this General Survey, and also from the discussions held on this subject at the Conference, that Recommendation No. 158 remains relevant and that there is nothing to indicate that it should be replaced.
Proposal: The Working Party might recommend to the Governing Body to invite the member States to give effect to the Labour Administration Recommendation, 1978 (No. 158).
R.5 -- Labour Inspection (Health Services) Recommendation, 1919
R.20 -- Labour Inspection Recommendation, 1923
R.54 -- Inspection (Building) Recommendation, 1937
R.59 -- Labour Inspectorates (Indigenous Workers) Recommendation, 1939
Related instruments: These Recommendations are autonomous. Recommendation No. 20 was subsequently supplemented by the Labour Inspection Convention, 1947 (No. 81) (see the preamble to the Labour Inspection Recommendation, 1947 (No. 81)). Recommendation No. 54 is one of a series of instruments that were adopted in 1937 on the building industry (see paragraph II.9 above). Related to Recommendation No. 59 is the Contracts of Employment (Indigenous Workers) Convention, 1939 (No. 64) (shelved by decision of the Governing Body).(40)
Need for revision: The 1974 study noted that Recommendations Nos. 5, 20, 54 and 59 were no longer of interest, given that they had been superseded by more developed standards adopted in 1947 and 1969.(41) These standards are the Labour Inspection Convention and Recommendation, 1947 (No. 81), the Labour Inspectorates (Non-Metropolitan Territories) Convention, 1947 (No. 85), and the Labour Inspection (Agriculture) Convention, 1969 (No. 129). A Protocol to Convention No. 81 was adopted in 1995. The Ventejol Working Parties of 1979 and 1987 classified these four Recommendations in the category of "other instruments". None of them is reproduced in the Office's compilation. Nevertheless, Recommendation No. 20 appears to retain some interest, given the fact that it contains information that might be useful concerning the provisions of the Labour Inspection Convention, 1947 (No. 81). Paragraph 7 on safety, for instance, contains very modern principles on the preventive role of labour inspection. That being so, the maintenance of the status quo with regard to this Recommendation might be recommended. It appears that the other instruments concerned can be considered as being obsolete.
Proposals: The Working Party might recommend to the Governing Body:
to maintain the status quo with regard to the Labour Inspection Recommendation, 1923 (No. 20);
to note that the Labour Inspection (Health Services) Recommendation, 1919 (No. 5), the Inspection (Building) Recommendation, 1937 (No. 54), and the Labour Inspectorates (Indigenous Workers) Recommendation, 1939 (No. 59), are obsolete;
to propose to the Conference the withdrawal of Recommendations Nos. 5, 54 and 59 in due course.
Related instruments: This Recommendation is autonomous.
Need for revision: This Recommendation contains indications regarding the communication by member States to the Office of all relevant information on migrant workers. It was noted in the 1974 study that the responsibility for international action in the field of migration statistics was transferred to the United Nations in 1959, which since then has adopted various Recommendations in this field. The Ventejol Working Parties of 1979 and 1987 classified this Recommendation in the category of "other instruments". It is not reproduced in the Office's compilation. It appears, however, that the Office still carries out activities in the area of migration statistics. Specifically, it is currently setting up a database containing extensive information on migrant workers to which it intends to offer global access on the Internet. No reference is made to this Recommendation in connection with the collection of information for the database, yet guidelines such as it contains, if updated, could definitely be of use to member States. The Working Party might wish to have additional information on the subject, and specifically on whether member States would like these provisions to be in the form of a standard-setting instrument that would replace Recommendation No. 19.
Proposal: The Working Party might recommend to the Governing Body to invite member States to communicate to the Office any additional information regarding the possible need to replace the Migration Statistics Recommendation, 1922 (No. 19).
Related instruments: This Recommendation is autonomous.
Need for revision: The 1974 study considered that this instrument was of continuing interest.(42) The Ventejol Working Parties of 1979 and 1987 classified this Recommendation in the category of instruments to be promoted on a priority basis. This Recommendation contains basic principles concerning collective agreements which are still valid. It appears still to play a useful role.
Proposal: The Working Party might recommend to the Governing Body to invite the member States to give effect to the Collective Agreements Recommendation, 1951 (No. 91).
Related instruments: These Recommendations are autonomous.
Need for revision: The interest in these two Recommendations was noted in the 1974 study and by the Ventejol Working Parties of 1979 and 1987. The subjects covered by the instruments relate directly to the question of new trends in prevention and resolution of labour disputes, which is included in the proposals for the agenda of the 89th Session (2001) of the Conference submitted to the Governing Body at the current session, with a view to a general discussion (GB.274/3). According to the analysis contained in that document, the developments and changes that have occurred in the field of industrial relations and labour disputes are such that it would be timely to re-examine the provisions of these Recommendations in order to bring the language and concepts up to date. Recommendation No. 92 especially seems too limited, as it proposes no other form of dispute settlement than conciliation and arbitration. Should the question referred to above not be placed on the agenda of the 2001 Session of the Conference, the Working Party might wish to have additional information from member States on the possible need to replace Recommendations Nos. 92 and 103.
Proposals:
The Working Party might recommend to the Governing Body:
to invite the Conference, should a general discussion of new trends in the prevention and resolution of labour disputes be placed on its agenda, to take into consideration the Voluntary Conciliation and Arbitration Recommendation, 1951 (No. 92), and the Examination of Grievances Recommendation, 1967 (No. 130), in order to evaluate the possible need to replace them;
further, should this question not be placed on the agenda of the 2001 Session of the Conference, to invite member States to communicate to the Office any additional information regarding the possible need to replace Recommendations Nos. 92 and 130.
The Working Party (or the Committee on Legal Issues and International Labour Standards) could re-examine the status of Recommendations Nos. 92 and 130 in due course.
R.94 -- Co-operation at the Level of the Undertaking Recommendation, 1952
R.129 -- Communications within the Undertaking Recommendation, 1967
Related instruments: The two Recommendations are autonomous. Recommendation No. 129 is intended to supplement Recommendation No. 94.
Need for revision: The 1974 study noted that these instruments were of continuing interest.(43) The Ventejol Working Parties of 1979 and 1987 classified them in the category of instruments to be promoted. The objective of these two Recommendations is still relevant. The text of the first one is extremely short and gives little indication to constituents concerning the ways of achieving the recommended objectives. The second Recommendation, which provides some useful information for the implementation of the first, relates to an area that has developed considerably since 1967. These two Recommendations are cited in the analysis of the question of workers' participation in decision-making at the level of the enterprise which was listed in the portfolio of proposals for the agenda of the 89th Session (2001) of the Conference.(44) The document suggested that, in the proposed general discussion, the ILO's instruments be examined to identify which principles are still relevant and which need to be re-examined. The subject has not been included in the shortlist submitted to the Governing Body at the current session. The Working Party might wish to have additional information from member States on the need to replace these Recommendations and also support their consideration should the question be placed on the agenda of a forthcoming session of the Conference.
Proposals:
The Working Party might recommend to the Governing Body:
to invite the member States to send the Office any additional information they may have on the possible need to replace the Co-operation at the Level of the Undertaking Recommendation, 1952 (No. 94), and the Communications within the Undertaking Recommendation, 1967 (No. 129);
further, should a general discussion on the question of workers' participation in decision-making at the level of the enterprise be placed on the agenda of a forthcoming session of the Conference, to invite the Conference to take Recommendations Nos. 94 and 129 into consideration, with a view to evaluating the possible need to replace them.
The Working Party (or the Committee on Legal Issues and International Labour Standards) could re-examine the status of these two Recommendations in due course.
R.113 -- Consultation (Industrial and National Levels) Recommendation, 1960
Related instruments: The Recommendation is autonomous.
Need for revision: The interest of this Recommendation was noted in the 1974 study and by the Ventejol Working Parties of 1979 and 1987. At the 83rd Session (1996) of the International Labour Conference a general discussion was held on the subject "Tripartite consultation at the national level on economic and social policy". The report submitted to the Conference by the Office(45) indicated that "the aspects of tripartite cooperation that can usefully be dealt with by international labour standards are already adequately covered in existing standards, and, in particular, in Recommendation No. 113" and emphasized the flexibility that characterizes this instrument. The resolution adopted by the Conference at the end of this discussion does not refer to the adoption of new standards. In the absence of any indications to the contrary, it appears that this instrument can still be considered as being up to date.
Proposal: The Working Party might propose to the Governing Body to invite the member States to give effect to the Consultation (Industrial and National Levels) Recommendation, 1960 (No. 113).
Related instruments: This Recommendation is linked to the Collective Bargaining Convention, 1981 (No. 154), which it supplements.
Need for revision: The Ventejol Working Party of 1987 classified this Recommendation in the category of instruments to be promoted on a priority basis. Convention No. 154 was examined by the Working Party at the 268th Session of the Governing Body.(46) It was decided to invite member States to examine the possibility of ratifying it and to inform the Office of any obstacles and difficulties encountered in this respect.(47) The Recommendation contains basic principles and the question does not appear to be suitable for a more detailed international standard. In the absence of any indication to the contrary, it appears that the Recommendation can also be considered as remaining valid.
Proposal: The Working Party might recommend to the Governing Body to invite the member States to give effect to the Collective Bargaining Recommendation, 1981 (No. 163).
16. The Working Party could examine a second series of ILO Recommendations at its next meeting in November 1999.
17. The Working Party is invited to examine the proposals listed above and to present its recommendations to the Committee on Legal Issues and International Labour Standards.
Unemployment (Agriculture) Recommendation, 1921 (No. 11)
Unemployment (Young Persons) Recommendation, 1935 (No. 45)
Public Works (International Co-operation) Recommendation, 1937 (No. 50)
Public Works (National Planning) Recommendation, 1937 (No. 51)
Employment (Transition from War to Peace) Recommendation, 1944 (No. 71)
Public Works (National Planning) Recommendation, 1944 (No. 73)
Special Youth Schemes Recommendation, 1970 (No. 136)
Employment services and fee-charging employment agencies
Collective Agreements Recommendation, 1951 (No. 91)
Voluntary Conciliation and Arbitration Recommendation, 1951 (No. 92)
Co-operation at the Level of the Undertaking Recommendation, 1952 (No. 94)
Consultation (Industrial and National Levels) Recommendation, 1960 (No. 113)
Communications within the Undertaking Recommendation, 1967 (No. 129)
Examination of Grievances Recommendation, 1967 (No. 130)
Conditions of work
General conditions of employment
Hours of work
Reduction of Hours of Work Recommendation, 1962 (No. 116)
Night Work of Women (Agriculture) Recommendation, 1921 (No. 13)
Employment of children and young persons
Minimum age
Minimum Age (Coal Mines) Recommendation, 1953 (No. 96)
Night work
Night Work of Children and Young Persons (Agriculture) Recommendation, 1921 (No. 14)
Underground work
Conditions of Employment of Young Persons (Underground Work) Recommendation, 1965 (No. 125)
Older workers
Older Workers Recommendation, 1980 (No. 162)
Migrant workers
Reciprocity of Treatment Recommendation, 1919 (No. 2)
Migration (Protection of Females at Sea) Recommendation, 1926 (No. 26)
Protection of Migrant Workers (Underdeveloped Countries) Recommendation, 1955 (No. 100)
Workers in non-metropolitan territories
Social Policy in Dependent Territories Recommendation, 1944 (No. 70)
Social Policy in Dependent Territories (Supplementary Provisions) Recommendation, 1945 (No. 74)
Other special categories
Tenants and sharecroppers
Tenants and Share-croppers Recommendation, 1968 (No. 132)
Labour Clauses (Public Contracts) Recommendation, 1949 (No. 84)
General conditions of employment
Hours of work
Hours of Work (Hotels, etc.) Recommendation, 1930 (No. 37)
Hours of Work (Theatres, etc.) Recommendation, 1930 (No. 38)
Hours of Work (Hospitals, etc.) Recommendation, 1930 (No. 39)
Control Books (Road Transport) Recommendation, 1939 (No. 63)
Night Work (Road Transport) Recommendation, 1939 (No. 64)
Methods of Regulating Hours (Road Transport) Recommendation, 1939 (No. 65)
Rest Periods (Private Chauffeurs) Recommendation, 1939 (No. 66)
Hours of Work and Rest Periods (Road Transport) Recommendation, 1979 (No. 161)
Weekly rest
Weekly Rest (Commerce and Offices) Recommendation, 1957 (No. 103)
The Governing Body has invited member States to examine the possibility of ratifying it and to inform the Office of any obstacles and difficulties encountered that could impede or delay its ratification.
1
The Governing Body has invited member States to examine the possibility of ratifying it and to inform the Office of any obstacles and difficulties encountered that could impede or delay its ratification.
2
Labour Relations (Public Service) Recommendation, 1978 (No. 159)
Labour Relations (Public Service) Convention, 1978
(No. 151)
The Governing Body has invited member States to examine the possibility of ratifying it and to inform the Office of any obstacles and difficulties encountered that could impede or delay its ratification.
3
Workers with Family Responsibilities Recommendation, 1981 (No. 165)
Workers with Family Responsibilities Convention, 1981
(No. 156)
The Governing Body has invited member States to examine the possibility of ratifying it.
4
Vocational Training (Adults) Recommendation, 1950 (No. 88)
(NR)
Autonomous
Vocational Training (Agriculture) Recommendation, 1956 (No. 101)
(NR)
Autonomous
Vocational Training Recommendation, 1962 (No. 117)
(NR)
Autonomous
Human Resources Development Recommendation, 1975 (No. 150)
Human Resources Development Convention, 1975
(No. 142)
The Governing Body has invited member States to examine the possibility of ratifying this Convention and has invited the Director-General to undertake a study on the means and methods to increase and develop technical cooperation in this field.
8
The Governing Body has invited member States to examine the possibility of ratifying it and to inform the Office of any obstacles and difficulties encountered that could impede or delay its ratification.
12
3. GB.194/PFA/12/5, Nov. 1974, hereinafter referred to as "the 1974 study".
4. "Final Report of the Working Party on International Labour Standards", in Official Bulletin (Geneva, ILO), Vol. LXII, 1979, Series A, Special issue, and "Report of the Working Party on International Labour Standards", in Official Bulletin (Geneva, ILO), Vol. LXX, 1987, Series A, Special issue.
5. As indicated in document GB.273/LILS/WP/PRS/3, para. 1, this concerns Recommendations adopted after 1985 as well as those linked to the seven fundamental and the four priority Conventions.
27. The States parties to Convention No. 62 were invited to ratify the Safety and Health in Construction Convention, 1988 (No. 62), which ratification entails the immediate denunciation of Convention No. 62 (GB.268/8/2).