International Labor Organization Convention 159. The main ILO conventions on labor market regulation, their characteristics. Section IV. Final provisions

General Conference of the International labor organization Convened at Geneva by the Governing Body of the International Labor Office and meeting at its 69th session on 1 June 1983,

Taking note of the existing international standards contained in the Retraining of Persons with Disabilities Recommendation, 1955, and the Human Resources Development Recommendation, 1975,

Noting that since the adoption of the Retraining of Disabled Persons Recommendation, 1955, there have been significant changes in the understanding of rehabilitation needs, in the coverage and organization of rehabilitation services, and in the legislation and practice of many Member States on matters within the scope of the said Recommendation,

Considering that the year 1981 was proclaimed by the General Assembly of the United Nations International Year persons with disabilities under the slogan “Full participation and equality” and that a comprehensive World Program of Action for Disabled Persons should implement effective measures at the international and national levels to implement the goals of “full participation” of persons with disabilities in social life and development, as well as “equality”,

Considering that these changes have made it advisable to adopt new international standards on this issue, which would particularly take into account the need to ensure equality of treatment and opportunity for all categories of persons with disabilities, both in rural and urban areas, in employment and social inclusion,

Having decided to adopt a number of proposals on vocational rehabilitation, which is item 4 of the agenda of the session,

deciding to give these proposals the form international convention,

adopts on 20 June 1983 the following convention, which shall be known as the Vocational Rehabilitation and Employment of Persons with Disabilities Convention, 1983.

Section I. Definitions and Scope of Application

Article 1.

1. For the purposes of this Convention, the term “disabled person” means a person whose ability to obtain, maintain suitable job and promotions are significantly limited due to a properly certified physical or mental impairment.

2. For the purposes of this Convention, each Member shall consider it the objective of vocational rehabilitation to ensure that a disabled person has the opportunity to obtain, maintain suitable employment and advance in career, thereby facilitating his social integration or reintegration.

3. The provisions of this Convention shall be applied by each Member State through measures that are consistent national conditions and do not contradict national practice.

4. The provisions of this Convention apply to all categories of persons with disabilities.

Section II. The principle of vocational rehabilitation and employment policy regarding people with disabilities

Article 2.

Each Member State, in accordance with national conditions, practices and capabilities, shall develop, implement and periodically review national policy in the field of professional rehabilitation and employment of disabled people.

Article 3.

This policy is aimed at ensuring that appropriate vocational rehabilitation measures apply to all categories of disabled people, as well as promoting employment opportunities for disabled people in the free labor market.

Article 4.

This policy is based on the principle of equality of opportunity for people with disabilities and workers in general. Equality of treatment and opportunity is maintained for men and women workers who are disabled. Special positive measures aimed at ensuring genuine equality of treatment and opportunity for disabled people and other workers are not considered to discriminate against other workers.

Article 5.

Consultations are being held with representative organizations employers and workers to implement the said policies, including measures to be taken to promote cooperation and coordination between public and private bodies involved in vocational rehabilitation. Consultations are also carried out with representative organizations of persons with disabilities and for persons with disabilities.

Section III. Measures at the national level to develop vocational rehabilitation and employment services for people with disabilities

Article 6.

Each Member shall, by laws or regulations, or by any other method appropriate to national conditions and practice, take such measures as may be necessary to give effect to the provisions of Articles , , and of this Convention.

Article 7.

The competent authorities shall take measures to organize and evaluate vocational guidance, vocational training, placement, employment and other related services to enable persons with disabilities to obtain, maintain and advance in employment; existing workers' services are generally used where possible and appropriate, with necessary adaptations.

Article 8.

Measures are being taken to promote the creation and development of vocational rehabilitation and employment services for people with disabilities in rural and remote areas.

Article 9.

Each Member State shall aim to ensure the training and availability of rehabilitation counselors and other suitably qualified personnel responsible for vocational guidance, vocational training, employment and employment of disabled people.

Section IV. Final provisions

Article 10.

Formal instruments of ratification of this Convention shall be submitted to the Director General of the International Labor Office for Registration.

Article 11.

1. This Convention is binding only on those members of the International Labor Organization whose instruments of ratification have been registered by the Director General.

2. It shall enter into force twelve months after the date of registration by the Director General of the instruments of ratification of two Members of the Organization.

3. This Convention shall subsequently enter into force for each Member State of the Organization twelve months after the date of registration of its instrument of ratification.

Article 12.

1. Each Member which has ratified this Convention may, after the expiration of ten years from the date of its initial entry into force, denounce it by a declaration of denunciation addressed to the Director-General of the International Labor Office for registration. The denunciation will take effect one year after the date of its registration.

2. For each Member of the Organization which has ratified this Convention and, within the period of one year following the expiration of the ten years specified in the previous paragraph, has not exercised the right of denunciation provided for in this article, the Convention shall remain in force for a further period of ten years, and thereafter it may denounce it by at the end of each decade in the manner provided for in this article.

Article 13.

1. The Director-General of the International Labor Office shall notify all members of the International Labor Organization of the registration of all instruments of ratification and denunciation addressed to him by members of the Organization.

2. When notifying the Members of the Organization of the registration of the second instrument of ratification received by them, the Director General draws their attention to the date of entry into force of this Convention.

Article 14.

The Director-General of the International Labor Office shall transmit to the Secretary-General of the United Nations, for registration in accordance with Articles of the Charter of the United Nations, complete particulars of all instruments of ratification and denunciations registered by him in accordance with the provisions of the preceding Articles.

Article 15.

Whenever the Governing Body of the International Labor Office considers it necessary, it shall submit a report to the General Conference on the application of this Convention and shall consider the advisability of including on the agenda of the Conference the question of its complete or partial revision.

Article 16.

1. If the Conference adopts a new convention revising this Convention in whole or in part, and unless the new convention otherwise provides, then:

a) the ratification by any Member of the Organization of a new revising Convention shall automatically entail, notwithstanding the provisions of Article 12, the immediate denunciation of this Convention, provided that the new revising Convention has entered into force;

b) from the date of entry into force of the new, revising convention, this Convention is closed for ratification by members of the Organization.

2. This Convention shall remain in force in all cases in form and content for those Members of the Organization which have ratified it but have not ratified the revising convention.

Article 17.

The English and French texts of this Convention are equally authentic.

(signatures)

The main sources of published texts of normative legal acts: newspaper "Kazakhstanskaya Pravda", database, Internet resources online.zakon.kz, adilet.zan.kz, other means mass media on the web.

Although the information has been obtained from sources we believe to be reliable and our experts have used every effort to verify the accuracy of the received versions of the texts of the cited regulations, we cannot make any confirmations or guarantees (whether express or implied) regarding their accuracy.

The Company is not responsible for any consequences of any application of the language and provisions contained in these versions of the texts of regulations, for the use of these versions of texts of regulations as a basis, or for any omissions in the texts of regulations published here.

[unofficial translation]

INTERNATIONAL LABOR ORGANIZATION

CONVENTION No. 159
ON PROFESSIONAL REHABILITATION AND EMPLOYMENT OF DISABLED PEOPLE

General Conference of the International Labor Organization,
Convened at Geneva by the Governing Body of the International Labor Office and meeting at its 69th Session on 1 June 1983,
Taking note of the existing international standards contained in the Retraining of Persons with Disabilities Recommendation, 1955, and the Human Resources Development Recommendation, 1975,
Noting that since the adoption of the Retraining of Disabled Persons Recommendation, 1955, there have been significant changes in the understanding of rehabilitation needs, in the coverage and organization of rehabilitation services, and in the legislation and practice of many Member States on matters within the scope of the said Recommendation,
Considering that 1981 was proclaimed by the United Nations General Assembly as the International Year of Persons with Disabilities under the slogan “Full participation and equality” and that a comprehensive World Program of Action concerning Disabled Persons should pursue effective measures at the international and national levels to realize the goals of “full participation” of persons with disabilities in social life and development, as well as "equality",
Considering that these changes have made it advisable to adopt new international standards on this issue, which would particularly take into account the need to ensure equality of treatment and opportunity for all categories of persons with disabilities, both in rural and urban areas, in employment and social inclusion,
Having decided to adopt a number of proposals on vocational rehabilitation, which is item 4 of the agenda of the session,
Having decided to give these proposals the form of an international convention,
adopts on 20 June 1983 the following convention, which shall be known as the Vocational Rehabilitation and Employment of Persons with Disabilities Convention, 1983.

Section I. DEFINITIONS AND SCOPE

Article 1

1. For the purposes of this Convention, the term “disabled person” means a person whose ability to obtain, retain suitable employment and advance in employment is significantly limited by reason of a duly demonstrated physical or mental impairment.
2. For the purposes of this Convention, each Member shall consider it the objective of vocational rehabilitation to ensure that a disabled person has the opportunity to obtain, maintain suitable employment and advance in career, thereby facilitating his social integration or reintegration.
3. The provisions of this Convention shall be applied by each Member State through measures that are appropriate to national conditions and consistent with national practice.
4. The provisions of this Convention apply to all categories of persons with disabilities.

Section II. PRINCIPLE OF VOCATIONAL REHABILITATION
AND EMPLOYMENT POLICY FOR PEOPLE WITH DISABILITIES

Article 2

Each Member State, in accordance with national conditions, practices and capabilities, develops, implements and periodically reviews national policies in the field of vocational rehabilitation and employment of persons with disabilities.

Article 3

Article 4

Pages: 1 ...

The General Conference of the International Labor Organization, convened at Geneva by the Governing Body of the International Labor Office and meeting at its sixty-ninth session on 1 June 1983, Taking note of the existing international standards contained in the Retraining of Persons with Disabilities Recommendation, 1955, and the Human Resources Development Recommendation, 1975 , noting that since the adoption of the Retraining of Disabled Persons Recommendation, 1955, there have been significant changes in the understanding of rehabilitation needs, in the coverage and organization of rehabilitation services, and in the legislation and practice of many Members on matters within the scope of the said Recommendation, considering that The year 1981 was proclaimed by the United Nations General Assembly as the International Year of Persons with Disabilities under the slogan "Full participation and equality" and that a comprehensive World Program of Action concerning Disabled Persons should pursue effective measures at the international and national levels to realize the goals of "full participation" of persons with disabilities in social life and development, as well as “equality”, considering that these changes made it necessary to adopt new international standards on this issue, which would take particular account of the need to ensure equality of treatment and opportunity for all categories of persons with disabilities in both rural and urban areas, in employment and social integration, Having decided upon the adoption of a number of proposals on vocational rehabilitation, which is the fourth item on the agenda of the session, Having decided to give these proposals the form of an international convention, adopts this twentieth day of June of the year one thousand nine hundred and eighty-three the following Convention, which may be cited as the 1983 Convention on professional rehabilitation and employment of disabled people.

Section I. Definitions and Scope of Application

Article 1

2. For the purposes of this Convention, each Member shall consider the objective of vocational rehabilitation to be to ensure that a disabled person has the opportunity to obtain, maintain suitable employment and advance in career, thereby promoting his social integration or reintegration.

3. The provisions of this Convention shall be applied by each Member of the Organization through measures that are appropriate to national conditions and consistent with national practice.

4. The provisions of this Convention apply to all categories of persons with disabilities.

Section II. The principle of vocational rehabilitation and employment policy regarding people with disabilities

Article 2

Each Member of the Organization, in accordance with national conditions, practices and capabilities, develops, implements and periodically reviews national policies in the field of vocational rehabilitation and employment of persons with disabilities.

Article 3

Article 4

This policy is based on the principle of equality of opportunity for people with disabilities and workers in general. Equality of treatment and opportunity is maintained for male and female employees with disabilities. Special affirmative action measures aimed at ensuring genuine equality of treatment and opportunity for disabled people and other workers are not considered to discriminate against other workers.

Article 5

Representative organizations of employers and workers are consulted on the implementation of this policy, including measures to be taken to promote cooperation and coordination between public and private bodies involved in vocational rehabilitation. Consultations are also carried out with representative organizations of persons with disabilities and for persons with disabilities.

Section III. Measures at the national level to develop vocational rehabilitation and employment services for people with disabilities

Article 6

Article 7

The competent authorities shall take measures to organize and evaluate vocational guidance, vocational training, placement, employment and other related services to enable persons with disabilities to obtain, maintain and advance in employment; Existing worker services are generally used where possible and appropriate, with necessary adaptations.

Article 8

Measures are being taken to promote the creation and development of vocational rehabilitation and employment services for people with disabilities in rural and remote areas.

Article 9

Each Member of the Organization aims to ensure the training and availability of rehabilitation consultants and other appropriately qualified personnel responsible for vocational guidance, vocational training, placement and employment of persons with disabilities.

Section IV. Final provisions

Article 10

Official instruments of ratification of this Convention shall be sent to the Director General of the International Labor Office for registration.

Article 11

1. This Convention binds only those Members of the International Labor Organization whose instruments of ratification have been registered by the Director General.

2. It will come into force twelve months after the date of registration by the Director General of the instruments of ratification of two Members of the Organization.

3. Thereafter, this Convention shall enter into force for each Member of the Organization twelve months after the date of registration of its instrument of ratification.

Article 12

1. Each Member which has ratified this Convention may, after the expiration of ten years from the date of its initial entry into force, denounce it by means of an act of denunciation addressed to the Director-General of the International Labor Office for registration. The denunciation will take effect one year after the date of registration of the act of denunciation.

Article 13

1. The Director-General of the International Labor Office shall notify all Members of the International Labor Organization of the registration of all instruments of ratification and denunciation sent to him by Members of the Organization.

2. When notifying Members of the Organization of the registration of the second instrument of ratification received by it, General manager draws their attention to the date of entry into force of this Convention.

Article 14

The Director General of the International Labor Office directs Secretary General United Nations for registration in accordance with Article 102 of the Charter of the United Nations, complete particulars of all instruments of ratification and denunciation registered by it in accordance with the provisions of the preceding articles.

Article 15

Article 16

1. If the Conference adopts a new convention revising this Convention in whole or in part, and unless the new convention otherwise provides, then:

a) the ratification by any Member of the Organization of a new revising Convention shall automatically, notwithstanding the provisions of Article 12, entail the immediate denunciation of this Convention, provided that the new revising Convention has entered into force;

b) from the date of entry into force of the new, revising convention, this Convention is closed for ratification by Members of the Organization.

2. This Convention shall remain in force in all cases in form and content for those Members of the Organization which have ratified it but have not ratified the revising convention.

Article 17

The English and French texts of this Convention are equally authentic.

ILO Convention 159 (Vocational rehabilitation and employees/disabled persons);

ILO Convention 177 (Home work)

Universal Declaration of Human Rights, UN Convention on the Rights of the Child.

International Labor Organization (ILO) Convention No. 155 on Occupational Safety and Health production environment", which came into force on August 11, 1983, defines the system of organizing labor protection at the national and industrial levels. According to the Convention, employers are obliged to provide workplaces, machinery and equipment, organize production processes, in accordance with established international safety standards, take measures to create appropriate services for the management and supervision of labor protection.

The Convention also provides for the provision necessary information bodies of public control over labor protection, training and consultations. In accordance with the requirements of the document, the employer is obliged to develop measures and means to prevent industrial injuries and conduct investigations and records of accidents and occupational diseases.

The ILO is one of the oldest international organizations, created in 1919. It is the main international coordinating body in the occupational safety and health sector. Ukraine has been a member of the ILO since 1954. A significant number of documents adopted by the ILO have been ratified in Ukraine. Among them are the most important regulations that concern fundamental rights person in the process of work. The ILO has a system of monitoring the implementation of the requirements of conventions and recommendations in member countries. The ILO project “Mobilization of enterprises and workers to prevent the abuse of harmful substances” is being implemented in Ukraine.

Within the framework of the TACIS program for the purpose of cooperation in the field of labor protection of Ukraine with European Union a “Project for Assistance in Ensuring Occupational Safety and Health in Ukraine (in order to increase the level of efficiency)” was created, which provides for the improvement of the regulatory framework, the establishment of an Information Center from agitation and propaganda and development of the mechanism of economic calculations at enterprises aimed at creating safe and healthy working conditions for workers .

Ukraine is a member International agency from nuclear energy((IAEA), International Health Organization (IOH) and others specialized institutions United Nations and implements the regulations and recommendations approved by them regarding the health and life of workers.

Ukraine has ratified 62 Conventions of the International Labor Organization (ILO), implemented about 20 general projects, some of them continue to be implemented now.
Thanks to constructive cooperation with the ILO, the government of Ukraine and social partners have the opportunity to gain international experience in the field of reform social and labor relations.

Ukraine is interested in further cooperation and receiving international technical and expert assistance. Such assistance is needed for development effective system social dialogue, in particular through its institutionalization and legal support, reforming labor legislation and bringing it into line with international labor standards, as well as developing a system of state labor inspection.

Test questions for lecture 1

"International standards in the field of labor protection"

1. The concept of social partnership (social dialogue). Social partnership concept. Basic principles of social partnership. Parties of social partnership. Subject of social partnership.

2. Provisions that are negotiated within the framework of social partnership. What is the scope of social partnership? Legal model of social partnership in Ukraine and its legislative and regulatory framework.

3. What is regulated EU standards. Legislative framework of the European Union on labor protection issues?

4. What is the legislative basis for occupational safety based on? What regulatory legal acts exist in the field of labor protection? .

5. Labor standards International Labor Organization. ILO Conventions and Recommendations. Basic ILO Conventions in the field of labor protection. Objectives of the ILO.

Convention No. 11 on the Right to Organize and Association of Workers in agriculture"(1921).

Convention No. 13 “On the use of white lead in painting” (1921).

Convention No. 14 “On weekly rest in industrial undertakings” (1921).

Convention No. 16 “On Compulsory medical examination children and teenagers employed on board ships" (1921).

Convention No. 23 on the Repatriation of Seamen (1926).

Convention No. 27 “On the Indication of the Weight of Heavy Goods Carried on Ships” (1929).

Convention No. 29 on Forced or Compulsory Labor (1930).

Convention No. 32 concerning the protection against accidents of workers engaged in loading or unloading ships (1932).

Convention No. 42 concerning Workers' Compensation in Case of Occupational Diseases (1934).

Convention No. 45 “On the Employment of Women in Underground Work in Mines” (1935).

Convention No. 47 “On the reduction of working time to forty hours a week” (1935).

Convention No. 52 “On annual holidays with pay” (1936).

Convention No. 69 “On the issuance of certificates of competency to ships' cooks” (1946).

Convention No. 73 on the Medical Examination of Seafarers (1946).

Convention No. 77 “On the Medical Examination of Children and Adolescents for the Purpose of Determining Their Fitness for Work in Industry” (1946).

Convention No. 78 “On the Medical Examination of Children and Young Persons with a Purpose of Determining Their Fitness for Non-Industrial Work” (1946).

Convention No. 79 “On the Medical Examination of Children and Young Persons with a Purpose of Determining Their Fitness for Work” (1946).

Convention No. 81 on Labor Inspection in Industry and Commerce (1947).

Protocol to the Convention No. 81 (1995).

Convention No. 87 on Freedom of Association and Protection of the Rights to Organize (1948).

Convention No. 90 concerning night work by adolescents in industry (revised 1949).

Convention No. 92 on Accommodation for Crews on Board Ships (revised 1949).

Convention No. 95 “On the Protection wages"(1949).

Convention No. 98 on the Application of the Principles of the Right to Organize and to Collective Bargaining (1949).

Convention No. 100 “Concerning equal remuneration for men and women for work of equal value” (1951).

Convention No. 102 on Minimum Standards of Social Security (1952).

Maternity Protection Convention No. 103 (1952).

Convention No. 105 “Abolition of Forced Labor” (1957).

Convention No. 106 “On Weekly Rest in Commerce and Establishments” (1957).

Convention No. 108 “National Identity Document for Seafarers” (1958).

Convention No. 113 "On medical examination sailors" (1959).

Convention No. 115 “On the Protection of Workers from Ionizing Radiation” (1960).

Convention No. 116 “On the Partial Revision of Conventions” (1961).

Convention No. 117 “On the Basic Norms and Objectives of Social Policy” (1962).

Convention No. 119 “On the provision of protective devices for machinery” (1963).

Convention No. 120 on Hygiene in Commerce and Establishments (1964).

Employment Policy Convention No. 122 (1964).

Convention No. 124 “On the Medical Examination of Young Persons for the Purpose of Determining Their Fitness for Work in Underground Work in Mines and Mines” (1965).

Convention No. 126 on Crew Accommodation on Board Fishing Vessels (1966).

Convention No. 131 concerning the Establishment of Minimum Wages, with Special Consideration to Developing Countries (1970).

Convention No. 133 on Crew Accommodation on Board Ships. Additional Provisions (1970).

Convention No. 134 on the Prevention of Occupational Accidents among Seafarers (1970).

Convention No. 140 on Paid Educational Leave (1974).

Convention No. 142 on Vocational Guidance and Training in Human Resources Development (1975).

Convention No. 148 “On the protection of workers against occupational hazards caused by air pollution, noise and vibration at work” (1977).

Convention No. 149 “On the employment and working and living conditions of nursing personnel” (1977).

Labor Administration Convention No. 150 (1978).

Convention No. 154 on the Promotion of Collective Bargaining (1981).

Occupational Safety and Health Convention No. 155 (1981).

Workers with Family Responsibilities Convention No. 156 (1981).

Convention No. 157 “On the Establishment international system preservation of rights in the field of social security" (1982).

Convention No. 158 “On termination of employment by the employer” (1982).

Convention No. 159 “On Vocational Rehabilitation and Employment of Persons with Disabilities” (1983).

Convention No. 160 on Labor Statistics (1985).

Convention No. 162 “On occupational safety and health in the use of asbestos” (1986).

Convention No. 166 on the Repatriation of Seafarers (1987).

Convention No. 168 on the Promotion of Employment and Protection against Unemployment (1988).

Convention No. 173 “For the Protection of Workers' Claims in the Event of Insolvency of the Employer” (1992).

Convention No. 174 on the Prevention of Major Industrial Accidents (1993).

Convention No. 175 on Part-Time Work (1994).

Convention No. 178 “On the inspection of working and living conditions of seafarers” (1996).

Convention No. 179 Recruitment and Placement of Seafarers (1996).

Convention No. 181 on Private Employment Agencies (1997).

The ongoing process of ratification of ILO Conventions is of fundamental importance for the formation of labor legislation that meets international standards. Typical for Russia accelerated process the formation of new social and labor relations and the creation of appropriate labor legislation (in Western European countries, labor legislation was created over several decades).

As part of the implementation of the General Agreement between all-Russian associations of trade unions, all-Russian associations of employers and the Government of the Russian Federation for 2006-2009. It is proposed to ratify the following conventions.

No. 42 “On compensation to workers in case of occupational diseases” (1934).

No. 97 “On migrant workers” (1949).

No. 102 “On minimum standards of social security” (1952).

No. 117 “On the main goals and norms of social policy” (1962).

No. 131 “On the establishment of minimum wages with special regard to developing countries” (1970).

No. 140 “On paid educational leaves” (1974).

No. 143 “On abuses in the field of migration and on ensuring equality of opportunity and treatment for migrant workers” (1975).

No. 154 “On the promotion of collective bargaining” (1981).

No. 157 “On the establishment of an international system for the preservation of rights in the field of social security” (1982).

No. 158 “On termination Labor relations on the initiative of the entrepreneur" (1982).

No. 166 “On the repatriation of sailors” (1987).

No. 168 “On the promotion of employment and protection against unemployment” (1988).

No. 173 “On the protection of workers’ claims in the event of insolvency of an entrepreneur” (1992).

No. 174 “On the prevention of major industrial accidents” (1993).

No. 175 “On part-time work” (1994).

No. 178 “On inspection of working and living conditions of seafarers” (1996).

No. 184 “On occupational safety and health in agriculture” (2001).