Personal tools

C117_socialpolicy_1962.htm

C117_socialpolicy_1962.htm — HTML, 20Kb

File contents

<!DOCTYPE HTML PUBLIC "-//W3C//DTD HTML 4.0 Transitional//EN">
<HTML><HEAD><TITLE>ILOLEX: English display cgi</TITLE>
<META http-equiv=Content-Type content="text/html; charset=windows-1252"><!-- display.cgi : this file maintained by CHL, last modified on: 9.1.2004 --><!---
<link rel="stylesheet" type="text/css" href="/css-eng/formatdisplay.css">
--->
<STYLE type=text/css>
.hili {background-color: #9DC4A9;}
BODY {font-family:Arial; margin-left:15; margin-right:10; text-align:justify;}
</STYLE>
<!--<BODY background="/public/english/50normes/images/pap04.jpg">-->
<META content="MSHTML 6.00.2800.1106" name=GENERATOR></HEAD>
<BODY><!---<blockquote>--->
<TABLE>
  <TBODY>
  <TR>
    <TD><FONT face=arial, helvetica?>
      <H3><FONT color=#0000ff>C117 Social Policy (Basic Aims and Standards) 
      Convention, 1962 </FONT></H3></B><FONT size=-2>Convention concerning Basic 
      Aims and Standards of Social Policy (Note: Date of coming into force: 
      23:04:1964.) <BR>Convention:C117 <BR>Place:Geneva <BR>Session of the 
      Conference:46 <BR>Date of adoption:22:06:1962 <BR>Subject classification: 
      Economic and Social Policy <BR>Subject: <B>Social Policy</B> <BR>Status: Other instrument </FONT>
      <P>
      <P>The General Conference of the International Labour Organisation,
      <P>
      <P>Having been convened at Geneva by the Governing Body of the 
      International Labour Office, and having met in its Forty-sixth Session on 
      6 June 1962, and
      <P>
      <P>Having decided upon the adoption of certain proposals concerning the 
      revision of the Social Policy (Non-Metropolitan Territories) Convention, 
      1947, which is the tenth item on the agenda of the Session, primarily with 
      a view to making its continued application and ratification possible for 
      independent States, and
      <P>
      <P>Considering that these proposals must take the form of an international 
      Convention, and
      <P>
      <P>Considering that economic development must serve as a basis for social 
      progress, and
      <P>
      <P>Considering that every effort should be made, on an international, 
      regional or national basis, to secure financial and technical assistance 
      safeguarding the interests of the population, and
      <P>
      <P>Considering that, in appropriate cases, international, regional or 
      national action should be taken with a view to establishing conditions of 
      trade which would encourage production at a high level of efficiency and 
      make possible the maintenance of a reasonable standard of living, and
      <P>
      <P>Considering that all possible steps should be taken by appropriate 
      international, regional and national measures to promote improvement in 
      such fields as public health, housing, nutrition, education, the welfare 
      of children, the status of women, conditions of employment, the 
      remuneration of wage earners and independent producers, the protection of 
      migrant workers, social security, standards of public services and general 
      production, and
      <P>
      <P>Considering that all possible steps should be taken effectively to 
      interest and associate the population in the framing and execution of 
      measures of social progress,
      <P>
      <P>adopts this twenty-second day of June of the year one thousand nine 
      hundred and sixty-two the following Convention, which may be cited as the 
      Social Policy (Basic Aims and Standards) Convention, 1962:
      <P>
      <P>
      <P>
      <P>PART I. GENERAL PRINCIPLES
      <P>
      <P>Article 1
      <P>1. All policies shall be primarily directed to the well-being and 
      development of the population and to the promotion of its desire for 
      social progress.
      <P>
      <P>2. All policies of more general application shall be formulated with 
      due regard to their effect upon the well-being of the population.
      <P>
      <P>PART II. IMPROVEMENT OF STANDARDS OF LIVING
      <P>
      <P>Article 2
      <P>The improvement of standards of living shall be regarded as the 
      principal objective in the planning of economic development.
      <P>
      <P>Article 3
      <P>1. All practicable measures shall be taken in the planning of economic 
      development to harmonise such development with the healthy evolution of 
      the communities concerned.
      <P>
      <P>2. In particular, efforts shall be made to avoid the disruption of 
      family life and of traditional social units, especially by--
      <P>(a) close study of the causes and effect of migratory movements and 
      appropriate action where necessary;
      <P>(b) the promotion of town and village planning in areas where economic 
      needs result in the concentration of population;
      <P>(c) the prevention and elimination of congestion in urban areas;
      <P>(d) the improvement of living conditions in rural areas and the 
      establishment of suitable industries in rural areas where adequate 
      manpower is available.
      <P>
      <P>Article 4
      <P>The measures to be considered by the competent authorities for the 
      promotion of productive capacity and the improvement of standards of 
      living of agricultural producers shall include--
      <P>(a) the elimination to the fullest practicable extent of the causes of 
      chronic indebtedness;
      <P>(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 interests of the country;
      <P>(c) the control, by the enforcement of adequate laws or regulations, of 
      the ownership and use of land resources to ensure that they are used, with 
      due regard to customary rights, in the best interests of the inhabitants 
      of the country;
      <P>(d) 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;
      <P>(e) the reduction of production and distribution costs by all 
      practicable means and in particular by forming, encouraging and assisting 
      producers' and consumers co-operatives.
      <P>
      <P>Article 5
      <P>1. Measures shall be taken to secure for independent producers and wage 
      earners conditions which will give them scope to improve living standards 
      by their own efforts and will ensure the maintenance of minimum standards 
      of living as ascertained by means of official inquiries into living 
      conditions, conducted after consultation with the representative 
      organisations of employers and workers.
      <P>
      <P>2. In ascertaining the minimum standards of living, account shall be 
      taken of such essential family needs of the workers as food and its 
      nutritive value, housing, clothing, medical care and education.
      <P>
      <P>PART III. PROVISIONS CONCERNING MIGRANT WORKERS
      <P>
      <P>Article 6
      <P>Where the circumstances under which workers are employed involve their 
      living away from their homes, the terms and conditions of their employment 
      shall take account of their normal family needs.
      <P>
      <P>Article 7
      <P>Where the labour resources of one area are used on a temporary basis 
      for the benefit of another area, measures shall be taken to encourage the 
      transfer of part of the workers' wages and savings from the area of labour 
      utilisation to the area of labour supply.
      <P>
      <P>Article 8
      <P>1. Where the labour resources of a country are used in an area under a 
      different administration, the competent authorities of the countries 
      concerned shall, whenever necessary or desirable, enter into agreements 
      for the purpose of regulating matters of common concern arising in 
      connection with the application of the provisions of this Convention.
      <P>
      <P>2. Such agreements shall provide that the worker shall enjoy protection 
      and advantages not less than those enjoyed by workers resident in the area 
      of labour utilisation.
      <P>
      <P>3. Such agreements shall provide for facilities for enabling the worker 
      to transfer part of his wages and savings to his home.
      <P>
      <P>Article 9
      <P>Where workers and their families move from low-cost to higher-cost 
      areas, account shall be taken of the increased cost of living resulting 
      from the change.
      <P>
      <P>PART IV. REMUNERATION OF WORKERS AND RELATED QUESTIONS
      <P>
      <P>Article 10
      <P>1. The fixing of minimum wages by collective agreements freely 
      negotiated between trade unions which are representative of the workers 
      concerned and employers or employers' organisations shall be encouraged.
      <P>
      <P>2. Where no adequate arrangements exist for the fixing of minimum wages 
      by collective agreement, the necessary arrangements shall be made whereby 
      minimum rates of wages can be fixed in consultation with representatives 
      of the employers and workers, including representatives of their 
      respective organisations, where such exist.
      <P>
      <P>3. The necessary measures shall be taken to ensure that the employers 
      and workers concerned are informed of the minimum wage rates in force and 
      that wages are not paid at less than these rates in cases where they are 
      applicable.
      <P>
      <P>4. A worker to whom minimum rates are applicable and who, since they 
      became applicable, has been paid wages at less than these rates shall be 
      entitled to recover, by judicial or other means authorised by law, the 
      amount by which he has been underpaid, subject to such limitation of time 
      as may be determined by law or regulation.
      <P>
      <P>Article 11
      <P>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.
      <P>
      <P>2. Wages shall normally be paid in legal tender only.
      <P>
      <P>3. Wages shall normally be paid direct to the individual worker.
      <P>
      <P>4. The substitution of alcohol or other spirituous beverages for all or 
      any part of wages for services performed by the worker shall be 
prohibited.
      <P>
      <P>5. Payment of wages shall not be made in taverns or stores, except in 
      the case of workers employed therein.
      <P>
      <P>6. Unless there is an established local custom to the contrary, and the 
      competent authority is satisfied that the continuance of this custom is 
      desired by the workers, wages shall be paid regularly at such intervals as 
      will lessen the likelihood of indebtedness among the wage earners.
      <P>
      <P>7. 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 ensure that they are adequate and their cash 
      value properly assessed.
      <P>
      <P>8. All practicable measures shall be taken--
      <P>(a) to inform the workers of their wage rights;
      <P>(b) to prevent any unauthorised deductions from wages; and
      <P>(c) to restrict the amounts deductible from wages in respect of 
      supplies and services forming part of remuneration to the proper cash 
      value thereof.
      <P>
      <P>Article 12
      <P>1. The maximum amounts and manner of repayment of advances on wages 
      shall be regulated by the competent authority.
      <P>
      <P>2. The competent authority shall limit the amount of advances which may 
      be made to a worker in consideration of his taking up employment; the 
      amount of advances permitted shall be clearly explained to the worker.
      <P>
      <P>3. Any advance in excess of the amount laid down by the competent 
      authority shall be legally irrecoverable and may not be recovered by the 
      withholding of amounts of pay due to the worker at a later date.
      <P>
      <P>Article 13
      <P>1. Voluntary forms of thrift shall be encouraged among wage earners and 
      independent producers.
      <P>
      <P>2. 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.
      <P>
      <P>PART V. NON-DISCRIMINATION ON GROUNDS OF RACE, COLOUR, SEX, BELIEF, 
      TRIBAL ASSOCIATION OR TRADE UNION AFFILIATION
      <P>
      <P>Article 14
      <P>1. It shall be an aim of policy to abolish all discrimination among 
      workers on grounds of race, colour, sex, belief, tribal association or 
      trade union affiliation in respect of--
      <P>(a) labour legislation and agreements which shall afford equitable 
      economic treatment to all those lawfully resident or working in the 
      country;
      <P>(b) admission to public or private employment;
      <P>(c) conditions of engagement and promotion;
      <P>(d) opportunities for vocational training;
      <P>(e) conditions of work;
      <P>(f) health, safety and welfare measures;
      <P>(g) discipline;
      <P>(h) participation in the negotiation of collective agreements;
      <P>(i) wage rates, which shall be fixed according to the principle of 
      equal pay for work of equal value in the same operation and undertaking.
      <P>
      <P>2. All practicable measures shall be taken to lessen, by raising the 
      rates applicable to the lower-paid workers, any existing differences in 
      wage rates due to discrimination by reason of race, colour, sex, belief, 
      tribal association or trade union affiliation.
      <P>
      <P>3. Workers from one country engaged for employment in another country 
      may be granted in addition to their wages benefits in cash or in kind to 
      meet any reasonable personal or family expenses resulting from employment 
      away from their homes.
      <P>
      <P>4. The foregoing provisions of this Article shall be without prejudice 
      to such measures as the competent authority may think it necessary or 
      desirable to take for the safeguarding of motherhood and for ensuring the 
      health, safety and welfare of women workers.
      <P>
      <P>PART VI. EDUCATION AND TRAINING
      <P>
      <P>Article 15
      <P>1. Adequate provision shall be made to the maximum extent possible 
      under local conditions, for the progressive development of broad systems 
      of education, vocational training and apprenticeship, with a view to the 
      effective preparation of children and young persons of both sexes for a 
      useful occupation.
      <P>
      <P>2. National laws or regulations shall prescribe the school-leaving age 
      and the minimum age for and conditions of employment.
      <P>
      <P>3. In order that the child population may be able to profit by existing 
      facilities for education and in order that the extension of such 
      facilities may not be hindered by a demand for child labour, the 
      employment of persons below the school-leaving age during the hours when 
      the schools are in session shall be prohibited in areas where educational 
      facilities are provided on a scale adequate for the majority of the 
      children of school age.
      <P>
      <P>Article 16
      <P>1. In order to secure high productivity through the development of 
      skilled labour, training in new techniques of production shall be provided 
      in suitable cases.
      <P>
      <P>2. Such training shall be organised by or under the supervision of the 
      competent authorities, in consultation with the employers' and workers' 
      organisations of the country from which the trainees come and of the 
      country of training.
      <P>
      <P>
      <P>PART VII. FINAL PROVISIONS
      <P>Article 17
      <P>The formal ratifications of this Convention shall be communicated to 
      the Director-General of the International Labour Office for registration.
      <P>
      <P>Article 18
      <P>1. This Convention shall be binding only upon those Members of the 
      International Labour Organisation whose ratification have been registered 
      with the Director-General.
      <P>
      <P>2. It shall come into force twelve months after the date on which the 
      ratifications of two Members have been registered with the 
      Director-General.
      <P>
      <P>3. Thereafter, this Convention shall come into force for any Member 
      twelve months after the date on which its ratification has been 
registered.
      <P>
      <P>Article 19
      <P>The coming into force of this Convention shall not involve the ipso 
      jure denunciation of the Social Policy (Non-Metropolitan Territories) 
      Convention, 1947, by any Member for which that Convention continues to 
      remain in force, nor shall it close that Convention to further 
      ratification.
      <P>Article 20
      <P>1. A Member which has ratified this Convention may denounce it after 
      the expiration of ten years from the date on which the Convention first 
      comes into force, by an act communicated to the Director-General of the 
      International Labour Office for registration. Such denunciation shall not 
      take effect until one year after the date on which it is registered.
      <P>
      <P>2. Each Member which has ratified this Convention and which does not, 
      within the year following the expiration of the period of ten years 
      mentioned in the preceding paragraph, exercise the right of denunciation 
      provided for in this Article, will be bound for another period of ten 
      years and, thereafter, may denounce this Convention at the expiration of 
      each period of ten years under the terms provided for in this Article.
      <P>
      <P>Article 12
      <P>1. The Director-General of the International Labour Office shall notify 
      all Members of the International Labour Organisation of the registration 
      of all ratifications and denunciations communicated to him by the Members 
      of the Organisation.
      <P>
      <P>2. When notifying the Members of the Organisation of the registration 
      of the second ratification communicated to him, the Director-General shall 
      draw the attention of the Members of the Organisation to the date upon 
      which the Convention will come into force.
      <P>
      <P>Article 22
      <P>The Director-General of the International Labour Office shall 
      communicate to the Secretary-General of the United Nations for 
      registration in accordance with Article 102 of the Charter of the United 
      Nations full particulars of all ratifications and acts of denunciation 
      registered by him in accordance with the provisions of the preceding 
      Articles.
      <P>
      <P>Article 23
      <P>At such times as it may consider necessary the Governing Body of the 
      International Labour Office shall present to the General Conference a 
      report on the working of this Convention and shall consider the 
      desirability of placing on the agenda of the Conference the question of 
      its revision in whole or in part.
      <P>
      <P>Article 24
      <P>1. Should the Conference adopt a new Convention revising this 
      Convention in whole or in part, then, unless the new Convention otherwise 
      provides--
      <P>
      <P>a) the ratification by a Member of the new revising Convention shall 
      ipso jure involve the immediate denunciation of this Convention, 
      notwithstanding the provisions of Article 20 above, if and when the new 
      revising Convention shall have come into force;
      <P>
      <P>b) as from the date when the new revising Convention comes into force 
      this Convention shall cease to be open to ratification by the Members.
      <P>2. This Convention shall in any case remain in force in its actual form 
      and content for those Members which have ratified it but have not ratified 
      the revising Convention.
      <P>
      <P>Article 25
      <P>The English and French versions of the text of this Convention are 
      equally authoritative.
      <P></FONT></TD></TR></TBODY></TABLE>
<BLOCKQUOTE></BLOCKQUOTE>
<HR>
<CENTER></CENTER>
</BODY></HTML>
Document Actions
Log in


Forgot your password?
 
 
International Training Centre
Programme for Workers' Activities (ACTRAV) - International Training Centre of the ILO
Viale Maestri del Lavoro, 10 - 10127 Turin, Italy