Parting

International legal regulation of labor. Conventions of the international labor organization International standards on the prohibition of child labor

into Russian]
THE INTERNATIONAL LABOUR ORGANIZATION
CONVENTION No. 182
ON THE PROHIBITION AND IMMEDIATE ACTION
TO ELIMINATE THE WORST FORMS
CHILD LABOR
(Geneva, 17 June 1999)
The General Conference of the International Labor Organization, convened at Geneva by the Governing Body of the International Labor Office and meeting at its 87th session on 1 June 1999,
Considering it necessary to adopt new instruments to prohibit and eliminate the worst forms of child labor as a top priority for national and international action, including international cooperation and international assistance, which would supplement the Minimum Age Convention and Recommendation, 1973, which remain fundamental instruments on child labour,
Considering that the effective elimination of the worst forms of child labor requires immediate and comprehensive action that takes into account the importance of free basic education and the need to free children from all work of this kind, as well as their rehabilitation and social integration, while taking into account the needs of their families,
Recalling the Resolution on the abolition of child labor adopted by the 83rd session of the International Labor Conference in 1996,
Recognizing that child labor is largely a consequence of poverty and that the long-term solution to this issue lies in sustainable economic growth leading to social progress, in particular the eradication of poverty and education for all,
Recalling the Convention on the Rights of the Child adopted by the General Assembly of the United Nations on 20 November 1989,
Recalling the ILO Declaration on Fundamental Principles and Rights at Work and the Mechanism for its Implementation, adopted by the 86th session of the International Labor Conference in 1998,
Recalling that some of the worst forms of child labor are covered by other international instruments, in particular the 1930 Forced Labor Convention and the 1956 United Nations Supplementary Convention for the Abolition of Slavery, the Slave Trade and Institutions and Practices Similar to Slavery,
Deciding to adopt a number of proposals on child labor, which is the fourth item on the agenda of the session,
Having determined that these proposals shall take the form of an international convention,
Adopts this seventeenth day of June of the year one thousand nine hundred and ninety-nine the following Convention, which may be cited as the Worst Forms of Child Labor Convention, 1999.

Today, Russia is taking steps to become an equal member of the human community, taking steps from formal to actual participation in it.

One of the most important activities in this area is the legal regulation of labor - the main area of human activity. Russia is an active subject of international legal regulation of labor.

International legal regulation of labor is the regulation through international agreements of states (multilateral and bilateral treaties) and other international legal means of issues related to the use of hired labor, improvement of its conditions, labor protection, protection of individual and collective interests of workers.

The formal legal expression of the international legal regulation of labor is the norms (standards) of labor, enshrined in acts adopted by international organizations, and in bilateral treaties and agreements of individual states.

Modern Russian labor legislation tries to take into account world experience and international legal acts as much as possible. Moreover, in accordance with the Constitution of the Russian Federation (Article 15), the generally recognized principles and norms of international law and international treaties of the Russian Federation are an integral part of its system. If an international treaty of the Russian Federation establishes rules other than those provided for by law, then the norms of the international treaty shall apply.

International treaties of the Russian Federation with foreign states and international organizations are concluded on its behalf by authorized federal bodies.

After official recognition, ratification and approval, international treaties in the prescribed manner acquire binding force throughout the Russian territory.

Thus, the principle of the priority of international legal norms over the norms of national legislation is enshrined in the Constitution of the Russian Federation. A similar principle is fixed in sectoral laws. This new situation for the Russian legal system presupposes knowledge and ability to apply international legal norms by Russian courts, and management.

In addition, the Constitution of the Russian Federation (Article 46) enshrines the right of every citizen, in accordance with the international treaties of the Russian Federation, to apply to interstate bodies for the protection of human rights and freedoms if all available domestic remedies have been exhausted. Now this is not just a theoretical position. Thus, as a result of the accession of the Russian Federation to the Optional Protocol

of the International Covenant on Civil and Political Rights of 1966, which contains a mechanism for the protection of human rights by the Human Rights Committee, citizens can also use this opportunity. The practical implementation of this constitutional norm in the future may lead to non-standard situations for today's legal system.

Russia's accession to the Council of Europe in 1996 gives Russian citizens additional guarantees for the protection of their rights and imposes additional obligations on state bodies to respect human rights (including in the sphere of labor relations).

The penetration of the norms of international legal regulation into the labor legislation of Russia occurs in two directions: firstly, through the ratification of conventions and other acts of international organizations and their bodies, of which Russia is a participant (member), and, secondly, through the conclusion by Russia of bilateral and multilateral international legal treaties with other states.

The first direction is related to the rule-making activities of the United Nations, the International Labor Organization (ILO), the European regional association of states of the Council of Europe, the Commonwealth of Independent States (primarily these are ILO conventions and recommendations); the second - with the joint rule-making practice of two or more specific states interested in the mutual or regional settlement of labor law issues.

This leads to a change in the prevailing stereotypes in the formation of the Russian legal system and in the application of legal norms. First, it becomes possible and necessary to directly (immediately) apply international norms if they are ratified by the Russian Federation. Secondly, there is an inclusion of international legal norms in Russian legislation, in the structure of specific laws. Finally, thirdly, there is the implementation of the provisions enshrined in international legal norms through the adoption of relevant acts of the Russian legal system and through law enforcement practice.

Thus, the international legal regulation of labor relations is becoming one of the most important sections of the science of Russian labor law and labor law as an academic discipline.

Sources of international legal regulation of labor

Sources of international legal regulation of labor are legal acts of various levels, to one degree or another regulating issues of relations in the sphere of labor, adopted by various international organizations. These acts extend their effect to the countries that have signed and (or) recognize them.

Of fundamental importance among these acts are the UN acts. This is primarily the Universal Declaration of Human Rights and the International Covenant on Economic, Social and Cultural Rights.

These acts differ in legal force. The Universal Declaration of Human Rights was approved by the UN General Assembly on December 10, 1948 in the form of a resolution. It is not mandatory. This is more of a programmatic political document, but it was he who laid the cornerstone in the international protection of human rights and freedoms.

The Universal Declaration of Human Rights identifies and formulates a package of basic inalienable and inalienable labor human rights:

right to work;
the right to free choice of work;
the right to protection from unemployment;
the right to just and favorable working conditions;
the right to equal pay for equal work without any discrimination;
the right to a just and satisfactory remuneration, ensuring a worthy existence for a person for himself and his family, and supplemented, if necessary, by other means of social security;
the right to form trade unions and join trade unions to protect their interests;
the right to rest and leisure, including the right to a reasonable limitation of the working day and to periodic holidays with pay.

The International Covenant on Economic, Social and Cultural Rights was approved by the UN General Assembly in 1966. By its legal nature, it is a multilateral international treaty (convention) ratified by the vast majority of UN member states, including the USSR. It is obligatory for Russia as the legal successor of the USSR.

Among other acts adopted at the UN level, one can note the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, adopted in 1990.

The specialized agency of the United Nations is the ILO. This organization was established back in 1919. Today it unites more than 190 states.

The supreme body of the ILO is the International Labor Conference, which is convened annually and consists of representatives - members of the ILO. Each state is represented by four delegates: two from the government, one each from entrepreneurs and one from workers.

An important role in the ILO is played by the International Labor Office (ILO), which acts as the secretariat of the ILO. The Office is not subject to international labor regulation, but it fulfills its role by preparing ILO conventions and recommendations and overseeing their application.

The most important documents regulating its activities are the Charter and the Declaration on Fundamental Principles and Rights at Work.

The Declaration of Fundamental Principles and Rights at Work, adopted in June 1998, formulated four basic principles, the observance of which is mandatory for all member states of the ILO, regardless of their ratification of the conventions. These include:

a) freedom of association and effective recognition of the right to collective bargaining;
b) the abolition of all forms of forced labor;
c) the effective prohibition of child labor;
d) non-admission of discrimination in the field of labor and occupations.

As an appendix to the Declaration, a mechanism for its implementation was approved. The main principle of the work of the ILO is tripartism, which means that the formation of almost all of its bodies is based on tripartite representation - from governments, representatives of workers and entrepreneurs.

The raison d'être of the ILO is stated in the preamble to its Constitution. It should contribute to the establishment of general and lasting peace through the promotion and development of social justice. In accordance with this idea, the main tasks facing the organization have been identified, and a program of action has been developed to implement the idea of social justice.

The activities of the ILO are varied, but traditionally the ILO's mission has been to set standards and cooperate with member states, as well as with employers' and workers' organizations.

The acts adopted by the ILO are one of the main sources of international legal regulation of labor. To date, the ILO has adopted 189 conventions and more than 200 recommendations relating to a wide variety of aspects of work.

Prior to adoption, they must be discussed twice (consistently) at International Conferences (ILO sessions), which is preceded by reports of the Office, based on a generalization of the legislation and practice of various countries. Each convention or recommendation is discussed by a special commission formed by the conference.

These documents require the approval of a two-thirds majority of the delegates present at the conference.

With the same requirements for the procedure for adopting conventions and recommendations as sources of international legal regulation, they have a different legal status.

The Convention acquires the status of a multilateral international agreement after it has been ratified by at least two ILO member states, and from that moment it imposes certain obligations on both ratifying and non-ratifying states. But for a single member state of the ILO, the provisions of the convention become legally binding only after it has been ratified by the highest state authority (the conventions contain rules on the procedure for their denunciation).

The fact of ratification of the convention imposes a number of obligations on the state. First, it is obliged to adopt legislative or other acts guaranteeing its implementation. Secondly (and this is a particularly dissuasive factor), regularly report to the ILO on the steps taken to effectively implement the ratified convention. Such reports are submitted every two to four years.

With respect to non-ratified conventions, the State is still under an obligation to inform the ILO, at the request of its Governing Body, of the state of national law and practice in respect of the non-ratified convention and of the measures envisaged to be taken to give it effect.

The recommendation also contains international legal norms, but unlike the convention, it does not require ratification and is designed for its voluntary application in the national legislation of an ILO member state. We should agree with the opinion of Professor I. Ya. Kiselev that the recommendation is a source of information and a model for improving national legislation. It details, clarifies, and sometimes supplements the provisions of the convention, makes their content more complete and flexible, and expands the options for states when deciding on the issue of borrowing international norms.

Ratification is also subject to review by the competent authorities to decide on the possibilities of its use in the national system of law. Member States of the ILO should provide the same information on recommendations as they do on non-ratified conventions.

The ILO Charter provides for the possibility of revising obsolete international acts, and also includes provisions for monitoring compliance (application) of conventions and recommendations.

A rather complicated mechanism for the adoption of conventions and recommendations is a guarantee against making hasty decisions. At the same time, the member states of the ILO are subject to serious reporting obligations to this organization, which, apparently, does not cause much enthusiasm in taking on such obligations (this position is especially noticeable in relation to the ratification of conventions).

Currently, Russia has ratified 63 ILO conventions, of which 55 are in force (seven conventions were denounced for various reasons). At the same time, it would be desirable to ratify some ILO conventions, especially those relating to fundamental human rights and working conditions.

And although Russia has not ratified all ILO regulations, their application in the practice of developing and adopting regulations (both centrally and locally adopted, including collective agreements) can be of great help to entrepreneurs and workers' representatives. This is all the more important since ILO conventions and recommendations often go beyond the regulation of purely labor relations and include provisions on social security, vocational education, welfare services for workers, etc.

In addition to the ILO, labor regulations are adopted by other international organizations. In addition to the UN acts (for information about them, see above), it should be noted the acts adopted, in particular, at the regional level.

Thus, in Europe, the sources of international legal regulation of labor are acts adopted by the Council of Europe (CE) and the European Union (EU). The Council of Europe has adopted more than 130 conventions.

These documents also include the European Social Charter adopted in 1961 and revised on May 3, 1996 (entered into force on July 1, 1999). The Charter practically fixes the universal human rights in the social and economic spheres, which are enshrined in the documents of the UN and the ILO, while taking into account, to a certain extent, regional specifics. On April 12, 2000, Russia approved the proposals to sign this document by the Decree of the Government of the Russian Federation of April 12, 2000, and by the Decree of the President of the Russian Federation of May 12, 2000, this idea was approved. On June 3, 2009, Federal Law No. 101-FZ “On Ratification of the European Social Charter (Revised)” was adopted. It should be noted that the Russian Federation ratified the Charter with certain reservations, without taking on a number of obligations under this document (its status allowed for this).

By signing the Charter, the states state that the aim of the Council of Europe is to achieve greater unity among its members in order to ensure and implement the ideals and principles that constitute their common heritage and facilitate economic and social progress, and in particular the strengthening and further realization of human rights and fundamental freedoms. Of course, the document takes into account the presence of such an important condition for the existence of a regional organization as a common market, the functioning of which is based on the recognition of the equality of all its participants.

The Parties recognize as the goal of their policy, pursued through the use of both national and international means, the achievement of conditions under which certain rights and principles would be effectively realized.

A significant part of these rights and principles (there are 31 of them listed) to one degree or another relate to the main sphere of human activity - the sphere of work. These are, in particular, the following rights and principles:

everyone should be able to earn a living by free choice of profession and occupation;
all workers have the right to fair working conditions;
all workers have the right to healthy and safe working conditions;
all workers have the right to a fair remuneration sufficient to maintain a decent standard of living for the workers themselves and their families;
all workers and entrepreneurs have the right to freedom of association in national and international organizations for the protection of economic and social interests;
all workers and employers have the right to collective bargaining;
children and young people are entitled to special protection against the physical and moral risks to which they are exposed;
working mothers are entitled to special protection;
everyone has the right to use appropriate opportunities in the field of vocational guidance in order to choose occupations that correspond to the personal abilities and interests of employees;
everyone has the right to appropriate vocational training opportunities;
all employees and members of their families are entitled to social security;
citizens of any state party to the charter have the right to any gainful employment in the territory of another state party to the charter on the basis of equality with the citizens of the latter, unless the restrictions are caused by significant economic and social reasons;
migrant workers - citizens of a state party to the Charter and members of their families have the right to protection and assistance in the territory of any other state party to the Charter;
all workers have the right to equal opportunities and equal treatment in employment without discrimination on the basis of sex;
employees have the right to information and consultation within the enterprise;
employees have the right to participate in the determination and improvement of working conditions and working environment in the enterprise;
all workers have the right to protection in the event of termination of employment;
all employees have the right to protection of their claims in the event of bankruptcy of the entrepreneur;
all employees have the right to protection of their dignity during the period of employment;
all persons with family responsibilities who enter or wish to enter employment have the right to do so without discrimination and, as far as possible, without conflict with their family responsibilities;
workers' representatives in undertakings have the right to be protected from acts harmful to them, and they must be provided with appropriate facilities for the exercise of their functions;
all employees have the right to information and consultations during the implementation of collective redundancies.

The Council of Europe also adopted the 1950 European Convention for the Protection of Human Rights and Fundamental Freedoms.

The EU in 1989 adopted the Charter of Fundamental Rights of Workers, which proclaims social and economic rights.

The Russian Federation, as a member state of the CIS, is a party to multilateral agreements, some of which include the regulation of labor relations, human and civil rights in the labor and social spheres. An example of such documents is, in particular, the Agreement on cooperation in the field of labor migration and social protection of migrant workers, concluded in

The Russian Federation ratified this Agreement by adopting on April 24, 1995 the relevant Federal Law.

Russia assumes certain obligations in the field of relations related to labor in connection with the signing of the Treaty on the Eurasian Economic Union (signed in Astana on May 29, 2014). So, in this Treaty there is a special section (XXVI) - "Labor migration". In particular, it provides for the legal regulation of such issues as cooperation between member states in the field of labor migration (Article 96); labor activity of workers of the Member States (art. 97); rights and obligations of a working Member State (art. 98).

The Russian Federation is also a party to a significant number of bilateral interstate agreements on the regulation of relations in the field of labor and social relations. So, for example, in 1993, the Agreement “On labor activity and social protection of citizens of the Russian Federation and Ukraine working outside the borders of their states” was concluded. Similar agreements have been concluded with Belarus, Moldova, Uzbekistan, Kyrgyzstan, Tajikistan and a number of other countries.

An example of bilateral documents can be two initialed agreements between the governments of the Russian Federation and the Federal Republic of Germany: "On the employment of employees of Russian enterprises in the framework of the performance of work contracts" and "On the employment of persons working for hire in order to improve their professional and linguistic knowledge" (Agreement on the employment of guest workers).

acts that protect fundamental human rights and freedoms in the field of labor;
acts relating to the provision of employment, protection against unemployment;
acts regulating working conditions;
acts on occupational safety and health;
acts regulating the work of workers in need of increased legal protection;
acts regulating the work of certain categories of workers;
acts regulating the cooperation of organizations of workers, employers, the state, peaceful ways of resolving labor conflicts.

Below is a general description of the international legal normative acts in the sphere of labor.

Protection of fundamental human rights and freedoms in the field of labor

The most important document here is Convention No. 122 "On Employment Policy" (1964), which proclaims as the main goal of state activity an active policy aimed at promoting full, productive and freely chosen employment of the able-bodied population in order to stimulate economic growth and development, increase standard of living, meeting labor needs and addressing unemployment problems. This policy should aim to ensure productive work for all who are ready to take up and seek work, freedom of choice of employment and the widest possible opportunity to acquire the necessary qualifications for the work for which they are fit, while avoiding discrimination.

Conventions No. 2 "On Unemployment" (1919) and No. 88 "On the Employment Service" (1948) oblige the state to create free employment offices in order to ensure the impact on the labor market to achieve and maintain full employment.

In recent years, the ILO has adopted documents relating to the activities of private employment agencies. These are Convention No. 181 (1997) and Recommendation No. 188 (1997). These acts, on the one hand, allow and legalize the activities of various private labor exchanges, and on the other hand, provide for measures aimed at ensuring the social protection of workers using the services of these organizations.

One of the conditions for stable employment, preventing the arbitrariness of entrepreneurs is the creation of legal guarantees in the field of termination of labor relations.

Convention No. 158 Termination of Employment Relations (1982) is devoted to this, the purpose of which is to protect against the termination of employment relations without a legal basis.

The Convention defines the rules for justifying the termination of employment (the need for a legal basis related to the abilities or behavior of the worker or caused by the production needs of the enterprise or service). It lists reasons that are not legal grounds for terminating an employment relationship. For example, these reasons could be:

union membership or participation in trade union activities;
intention to become a workers' representative;
performing the functions of a workers' representative;
filing a complaint or participating in a case initiated against an entrepreneur on charges of violating the law;
discriminatory grounds - race, skin color, sex, marital status, family responsibilities, pregnancy, religion, political views, nationality or social origin;
absence from work while on maternity leave;
temporary absence from work due to illness or injury.

The Convention sets out both the procedures applicable before and during the termination of an employment relationship and the procedure for appealing against a decision to terminate it.

An essential guarantee of the employee's rights is the provision that the burden of proving the existence of a legal basis for dismissal lies with the employer; the competent authorities are empowered to decide on the reason for the dismissal, taking into account the evidence presented by the parties and in accordance with the procedures provided for by national law and practice.

The Convention provides for the right of a worker with whom an employment relationship is to be terminated to be given reasonable notice of this, or the right to monetary compensation in lieu of a warning, unless he has committed a serious misconduct; the right to severance pay and/or other types of income protection (unemployment insurance benefits, unemployment funds or other forms of social security). In the event of unjustified dismissal and the impossibility of canceling the decision to dismiss and reinstate the worker in his previous job, the payment of appropriate compensation or other benefits is expected.

In case of termination of employment relations for economic, technological, structural or similar reasons, the employer is obliged to inform the employees and their representatives, as well as to the relevant state body, about the planned measures. Legislation may impose certain restrictions on the employer in case of mass layoffs; these restrictions also contribute to the solution of employment issues.

It is important to regulate the procedure for terminating employment contracts in the event that the employer is declared insolvent. Convention No. 173 "On the Protection of the Claims of Workers in the Event of the Insolvency of the Employer" and its supplementary Recommendation No. 180, as well as Convention No. 95 "Regarding the Protection of Wages" of 1949 (to a certain extent) are devoted to these issues.

Protection of labor rights in the field of working conditions and labor protection

One of the main areas of regulation of working conditions is the legislative limitation of working hours. In accordance with Convention No. 47 “On the Reduction of Working Hours to Forty Hours a Week” (1935), states must strive to achieve this standard without simultaneously reducing wages. This principle corresponds to the restriction on overtime work.

More recently, the ILO drew the attention of its member states to the need to provide legal guarantees for part-time workers, as this form of employment is being used more and more.

In 1994, the ILO adopted Convention No. 175 “On part-time work”, supplementing it with Recommendation No. 182. The purpose of adopting these documents was to draw attention to this form of employment as a way of creating additional jobs, as well as level of protection for workers working in such a regime.

The Convention requires the adoption of measures that would guarantee part-time workers the same protection as full-time workers with regard to the right to organize and collective bargaining, to occupational safety and health, to protection against discrimination in employment, to guarantees in the field of wages, as well as in relation to social security, maternity and child care, paid leave and sick leave, public holidays and dismissal.

A Member State of the ILO may, after consultation with the employers' and workers' organizations concerned, exclude, in whole or in part, from the scope of the convention certain categories of workers or the staff of entire institutions, if this would cause serious problems.

International standards have also been established for rest periods (weekly rest, paid annual and study holidays). The main act in this area is the Convention No. 132 "On holidays with pay" (1970), according to which the duration of the vacation should not be less than three weeks for each year of work. Of fundamental importance is the provision on the invalidity of agreements on the waiver of the right to minimum leave or the non-use of such leave in order to replace it with monetary compensation.

ILO instruments in the field of wage regulation are mainly aimed at guaranteeing its minimum level and ensuring its protection in the interests of workers.

The most important act in the field of wage regulation is the Convention No. 131 "On the establishment of the minimum wage" (1970), according to which the minimum wage must have the force of law and under no circumstances be reduced.

However, much more interesting are the provisions of the Convention, which propose to take into account the following factors when determining the minimum wage:

the needs of workers and their families (taking into account the general level of wages in the country);
the cost of living;
social benefits;
comparative standard of living of individual social groups;
economic aspects (including the requirements of economic development);
the level of labor productivity and the desirability of achieving and maintaining a high level of employment.

The Convention also provides for the need to create and operate a special procedure aimed at systematic monitoring of the state of wages and the revision of the minimum wage.

Unfortunately, this Convention has not been ratified by the Russian Federation, which allows setting the minimum wage at a level well below the subsistence level.

Also important is Convention No. 95 "Regarding the Protection of Wages" (1949).

A significant number of international legal acts of the ILO are aimed at ensuring the rights of workers in the field of labor protection. These acts include a large number of norms that regulate in sufficient detail general and sectoral aspects of labor protection and safety, establish sanitary and hygienic requirements for the labor process, oblige states to create an effective labor inspection system (see, for example, Convention No. labor" (1947)).

In addition, this group of acts should include a significant number of norms regulating various issues of protecting the rights of certain categories of workers in need of increased protection: women, persons with family responsibilities, minors, older workers, indigenous peoples, migrant workers.

In 2000, the ILO adopted Maternity Protection Convention No. 183, which revised a number of provisions of Convention No. 103. The new Convention provides for an increase in the duration of maternity leave to 14 weeks and amends the wording of the prohibition of dismissing a woman during maternity leave . Dismissal is not allowed, except for cases when it is caused by other grounds than pregnancy, childbirth, feeding a child. The burden of proving the fairness of the dismissal rests with the employer. The Convention obliges states to take measures to ensure that pregnancy and childbirth do not lead to discrimination against women in the field of employment. This includes the prohibition of a pregnancy test or the requirement to provide a certificate of non-pregnancy, unless national law prohibits the employment of a pregnant woman or a nursing mother, or if the work creates a danger to the woman or child.

The Convention requires states that have ratified it to take immediate action to prohibit and eliminate the worst forms of exploitation of children (persons under 18 years of age).

The worst forms of child labor exploitation are:

all forms of slavery or practices similar to slavery, such as the slave trade, debt slavery, forced or compulsory labor, including the forced recruitment of children to participate in military conflicts;
the use of children for the purposes of prostitution, in pornography and in pornographic performances;
the use of children for illegal activities, in particular for the production and sale of drugs;
using children for work that, by its nature and manner, is harmful to the health, safety or morals of children.

Recommendation No. 190 invites states to recognize as criminal offenses such forms of exploitation of children as slavery, forced labor, forced participation in armed conflicts, prostitution, production and sale of drugs, child pornography.

Many ILO documents are focused on regulating the labor of certain categories of workers. These include, in particular, such categories as homeworkers, sailors (about 50 conventions and recommendations are devoted to this category of workers), fishermen, dock workers, nurses, hotel and restaurant workers, agricultural workers, teachers, civil servants.

Cooperation between organizations of workers, employers, states, peaceful ways to resolve labor conflicts

The basis of the activities of the ILO in accordance with its Charter is the establishment of a general and lasting peace based on the promotion and development of social justice. In order to implement these tasks, while securing the basic rights of participants in labor and social relations, international legal norms regulate such issues as the right to association, to conduct collective bargaining and conclude collective agreements, the right to strike.

Cooperation in the field of labor relations is traditionally carried out in the form of bilateral (bipartism) and trilateral (tripartism) cooperation.

If such cooperation is carried out with the participation of three parties: organizations of workers, employers and state authorities, then it is called tripartism.

Bipartism and tripartism are not only an ideological concept, but also a model of behavior of participants in collective labor relations, enshrined in international legal standards. It includes rules on cooperation between employers and workers at the enterprise level (Recommendations No. 94 and 129), rules on consultation and cooperation between public authorities and employers' and workers' organizations at sectoral and national levels (Recommendation No. 113), and rules on tripartite consultations to promote application of international labor standards (Convention No. 144 on Tripartite Consultations (International Labor Standards), Recommendation No. 152).

To implement the principle of tripartism, employers and employees must have the right to associate. This right, of course, is one of the fundamental human rights and freedoms in the field of labor, but it is advisable to consider it in combination with a number of other powers of participants in labor and social relations, which is done in this section of the chapter.

The general principle that enshrines the right to association is, to one degree or another, reflected in almost all international legal instruments at various levels, but this problem has been developed in the most detailed way in ILO documents. First of all, this is Convention No. 87 “Regarding Freedom of Association and the Protection of the Right to Organize” (1948), which establishes the right of workers and entrepreneurs to freely and without any distinction to form their own organizations in order to promote and protect their respective interests.

These organizations have the right to draw up their charters and regulations, freely choose their representatives, organize their apparatus and activities, and formulate their program of action. The public authorities shall refrain from any interference capable of limiting this right or hindering its lawful exercise.

Workers' and employers' organizations are not subject to administrative dissolution or temporary prohibition. They have the right to form federations and confederations, as well as the right to join them, and these organizations enjoy the same rights and guarantees. The acquisition of legal personality by organizations cannot be subject to restrictive conditions. The Convention also provides for the right to join international organizations.

Convention No. 98 “Regarding the Application of the Principles of the Right to Organize and Collective Bargaining” (1949) contains additional guarantees for the exercise of the right to organize.

Thus, workers enjoy adequate protection against any discriminatory act aimed at infringing on freedom of association. In particular, they should be protected in case of refusal to hire them on the grounds that they are members of associations or take part in its activities, in case of their dismissal or any other damage caused for the same reason.

Workers' and employers' organizations shall enjoy adequate protection against any acts of interference by each other. Such protection applies in particular to actions the purpose of which is to encourage the domination, financing or control exercised by employers or employers' organizations over workers' organizations.

The right of association is universal, that is, it applies to all workers.

However, there are special rules for some categories. Thus, Convention No. 151 “Labor Relations in the Public Service” (1978) confirms the extension of the right to association to civil servants and protection from discrimination aimed at infringing on this right (for example, in connection with membership in any public organization).

The rights of workers' representatives in enterprises and organizations are subject to special regulation. Convention No. 135 "Workers' representatives" (1971) is devoted to these issues.

In accordance with its provisions, workers' representatives must be provided with adequate facilities in the organization to enable them to carry out their functions quickly and efficiently; the provision of such facilities should not reduce the effectiveness of the organization concerned.

Workers' representatives who are recognized as such under national law or practice should be protected from any act that might prejudice them, including dismissal based on their status. This protection extends to their activities as representatives of workers, their participation in trade union activities or their membership in a trade union, in so far as it is in accordance with existing legislation, collective agreements or other mutually agreed conditions.

If both trade unions and other representatives of employees function in the organization, then it is the employer's responsibility to create conditions for their normal interaction, taking into account the specifics of the rights of each of the bodies provided for by law, collective agreements or agreements.

Some of the ILO recommendations are aimed at creating conditions for cooperation between employers and workers (and their representatives) at the organization level (Recommendations No. 94 (1952) and No. 129 (1967)), others establish norms for consultation and cooperation between public authorities and organizations employers and workers at the sectoral and national levels (Recommendation No. 113 (1960)), and still others regulate the issues of tripartite consultations to promote the application of international legal norms in the field of labor relations (Convention No. 144 "Tripartite Consultations (International Labor Standards)" (1976) , Recommendation No. 152).

In accordance with Convention No. 144, the state implements procedures that ensure effective consultations between representatives of the government, employers and workers on issues related to the discussion, development of the position of the state and the resolution of issues on the application of ILO documents at the national level.

The nature and form of the procedures shall be determined in accordance with national practice after consultation with the representative organizations of employers and workers, where such organizations exist. These organizations freely choose their representatives to carry out the procedures. Employers and workers are represented equally in any competent bodies.

Consultations shall be held at appropriate intervals to be agreed, but at least once a year. The competent authority issues an annual report on the implementation of the procedures.

The ILO conventions and recommendations also regulate the issues of exercising the right to conduct collective bargaining and to conclude collective agreements. Thus, Convention No. 98 “Regarding the Application of the Principles of the Right to Organize and Conclude Collective Bargaining” (1949) is directly aimed at increasing the efficiency of this sphere and this method of regulating labor and social relations.

Convention No. 154 "Collective Bargaining" (1981) contains rules directly related to the subject of regulation indicated in its title - collective bargaining. The Convention applies to all branches of economic activity (with the exception of the army and the police), but allows for the establishment of special ways of its application (for example, to the public service).

This Convention defines the aims of these measures and makes it clear that its provisions do not preclude the operation of industrial relations systems where collective bargaining takes place under a conciliatory or arbitration mechanism or bodies in which the collective bargaining parties voluntarily participate.

It provides for prior consultation with employers' and workers' organizations and specifies that measures taken to facilitate collective bargaining must not restrict the freedom of collective bargaining. It is allowed to conduct collective bargaining with any representatives of workers, provided that they do not infringe on the rights of each other (this rule, in particular, is aimed at protecting the rights of trade unions).

The application of the provisions of this Convention shall be ensured by collective agreements, arbitral awards or by any other means consistent with national practice; in the absence of such, it is provided by national legislation.

The problems of concluding collective agreements are the subject of Special Recommendation No. 91 (1951).

The right to strike is enshrined in a number of international legal acts, and as a general rule, it is a guarantee of the protection of the labor rights of workers. Although the ILO has no special acts on this issue in its arsenal, nevertheless, its experts and specialists believe that this right indirectly follows from Convention No. representatives of workers in the protection of their legitimate interests.

According to the general opinion, restriction of the right to strike is possible only in strictly defined cases: in the public service (but not for all employees, but only for responsible officials); in sectors of the economy, the stop of which can lead to serious disruptions to its normal functioning; under emergency circumstances, as well as during negotiations or arbitration (arbitration) proceedings.

But even in these cases, the rights of workers, provided for by international legal norms and national legislation, must be guaranteed.

International legal acts regulate the issues of peaceful ways to resolve labor conflicts. This, in particular, is the subject of Recommendation No. 92 "On Voluntary Conciliation and Arbitration" (1951) and Recommendation No. 130 "On the Consideration of Complaints" (1967).

It should be noted that the norms of modern Russian legislation governing the issues of collective bargaining, the conclusion and execution of collective agreements, the exercise of the right to strike, correspond in their main parameters to international standards.

One of the most important tools available to the ILO in the fight against child labor is the adoption International labor conventions and recommendations. The ILO adopted its first convention on child labor in 1919, the year it was founded. A few years later, a number of conventions (9) were adopted, setting the minimum age for the admission of children to work in various industries. Some of the latest and most comprehensive ILO standards on child labor are the Minimum Age Convention, 1973, No. 138 and its corresponding Recommendation, No. 146, as well as the Worst Forms of Child Labor Convention, 1999, No. 182, and Recommendation, No. 190.

Minimum Age Convention No. 138, supplemented by Recommendation No. 146, obliges ratifying States to pursue national policies aimed at the effective elimination of child labor and gradually raise the minimum age for employment. The Convention is a flexible and dynamic instrument that establishes a minimum age for admission to work depending on the type of work and the level of development of the country.

The Convention lays down the principle that the minimum age should not be less than the age of completion of compulsory schooling and in no case less than 15 years, and that the minimum age should be gradually raised to a level that coincides with the age at which young people reach full physical and mental development.

The main goal of Convention No. 138 is the effective elimination of child labour. It is a key tool in a coherent strategy to combat it, while Recommendation No. 146 provides a broad framework and the necessary political measures to both prevent and eliminate the problem.

In June 1999, the International Labor Conference unanimously adopted a new Child Labor Convention.

The Worst Forms of Child Labor Convention No. 182 reflects the general consensus that the worst forms of child labor must end immediately.

In the history of the ILO, this convention has the highest rate of ratification. By March 2002, it had been ratified by 117 countries, including 6 CIS countries.

Convention No. 182 applies to all children, girls and boys under the age of 18 and does not provide for exceptions for any sectors of the economy or categories of workers. She calls for "immediate and effective action to prohibit and eradicate the worst forms of child labour."

Convention No. 182 defines as the worst forms of child labor such as:

slavery and forced labour, including child trafficking and forced recruitment for participation in armed conflicts;

child prostitution and pornography;

production and sale of drugs;

work that is likely to harm the health, safety or morals of children.

The Convention reserves the right for national governments to determine the existing hazardous work prohibited by the Convention, this should be done in consultation with employers' and workers' organizations, taking into account existing international standards.

It should be noted that child labor is especially often used in agriculture, which has long become a tradition for many regions of Russia. Article 16 of the Convention on Safety and Health in Agriculture No. 184 reflects the provisions of Conventions Nos. 138 and 182 regarding hazardous work. It sets 18 as the minimum age for access to hazardous work in agriculture.

Another ILO Convention that is key in protecting children from some of the worst forms of exploitation is Forced Labor Convention No. 129 of 1930, one of the main and most widely ratified ILO Conventions.

The Minimum Age Convention No. 138, the Worst Forms of Child Labor Convention No. 182 and the Forced Labor Convention No. 129 are regarded as core, or base, Conventions of the ILO. All of them are included in the ILO Declaration on Fundamental Principles and Rights at Work, which was adopted by the International Labor Conference in 1998.

The Declaration states that all member States of the ILO have an obligation to observe and promote the application of the principles expressed in these Conventions, whether they have ratified them or not.

There is a significant number of international agreements relevant to child labor issues. The most significant of these is the 1989 UN Convention on the Rights of the Child. It seeks to protect a wide range of children's rights, including the right to education and the right to be protected from economic exploitation. This Convention is the most ratified in history, but several countries still have to accept it.

"HR officer. Labor law for a personnel officer", 2007, N 7

Child labor International and Russian legislation on the legal regulation of the labor of minors

A child from birth owns and is guaranteed by the state the rights and freedoms of man and citizen in accordance with the Constitution of the Russian Federation, generally recognized principles and norms of international law, international treaties of the Russian Federation, laws and by-laws of the Russian Federation.

The issue of protecting the rights of minors today does not lose its relevance, moreover, it remains and should remain in the future one of the main directions in the development of labor legislation both in the Russian Federation and in other countries. The well-known postulate "Children are our future" can serve as a prerequisite for this, which has at least the important legal aspect that the correct use of the labor of minors, or more precisely child labor, will provide an opportunity to use their labor potential without the onset of negative health consequences. The scale of child labor is very difficult to measure, and under certain circumstances almost impossible. No wonder the European Social Charter of 1961 includes Art. 7 "The right of children to protection", which provides for the special situation of children and adolescents in the field of labor relations, in particular:

The minimum age for admission to employment is 15 years, except in cases where children are engaged in certain types of light work not capable of prejudicing their health, morals or education;

Higher minimum age for employment for certain occupations that are considered hazardous and unhealthy;

Prohibition of engaging persons subject to compulsory training in such work that deprives them of the opportunity to take full advantage of this training;

Limiting the hours of work for persons under the age of 16 in accordance with their developmental needs and, in particular, their training needs;

The right to a fair wage or to an appropriate allowance for young workers and apprentices;

The time spent by teenagers on vocational training during the normal working day, with the consent of the employer, is considered as part of the working day;

For employees under the age of 18, at least three weeks of annual paid leave;

Prohibition of the use of persons under the age of 18 in night work, except for certain types of work provided for in national laws or other regulatory legal acts;

Mandatory and regular medical examination of persons under the age of 18 employed in certain types of work;

Ensuring social protection against physical and moral harm to which children and adolescents are exposed, in particular, from the danger that is directly or indirectly related to their work.

Practically all states of the world, the United Nations (UN) and many specialized agencies of the UN system pay close attention to the consideration of issues related to the rights of minors. Among these specialized agencies, the International Labor Organization (ILO) stands out. The supreme body of the ILO, the annual General Conference, develops and adopts conventions and recommendations on various aspects of social and economic rights, in particular, on the development and adoption of international norms on the protection of the labor of children and adolescents.

First of all, these include: the Convention on the minimum age for the admission of children to various types of work (No. 5), according to which "children under fourteen years of age are not employed and do not perform work in any public or private industrial enterprise or any branch of it, other than undertakings employing only members of the same family", the Minimum Age Convention (No. 138), according to which "the minimum age determined on the basis completion of compulsory schooling and, in any case, must not be less than fifteen years of age", Convention on the Minimum Age for the Admission of Children to Employment in Agriculture (No. 10); Convention on the Minimum Age for the Admission of Children to Work at Sea (No. 58); Convention on the Minimum Age for the Admission of Children in Industry (No. 59).

Thus, the ILO Convention of October 24, 1936 N 58, establishing the minimum age for hiring children to work at sea, provides that children under 15 years of age cannot be employed or work on board ships, except for those on which members of only one family are employed .

The ILO Convention of July 22, 1937 N 60, regarding the age of admission of children to non-industrial work, states that national laws or regulations should establish the number of hours per day during which children over 14 years of age may be employed in light works.

In addition to the above Conventions, the ILO has adopted a number of norms aimed at limiting the night work of children and adolescents, for example, the Convention on night work of adolescents in industry (N 98); in non-industrial work (N 79). In particular, Convention No. 98 provides that laws or regulations implementing this Convention must:

Prescribe appropriate measures to ensure that these laws or regulations are communicated to all concerned;

Determine the persons responsible for the implementation of the provisions of this Convention;

Prescribe appropriate penalties for any kind of violation of these provisions;

Provide for the establishment and maintenance of a system of inspection necessary to ensure the effective implementation of these provisions;

Requiring every employer to keep a register with the names and dates of birth of all persons under the age of 18 he employs.

A number of ILO conventions provide for mandatory medical examination of working children. Convention on Compulsory Medical Examination of Children and Young Persons Employed on Board Ships (No. 16); in industry (N 77); in non-industrial work (N 78); for underground work (N 124).

In particular, Convention No. 77 establishes that children and adolescents under 18 years of age will not be employed in industrial enterprises if it is established as a result of a medical examination that they are not suitable for use in these jobs. In addition, subject to the provisions of this Convention, national laws or regulations must determine the authority competent to issue certificates of fitness for work, as well as determine the conditions that must be observed in the preparation and issuance of these certificates.

Based on the foregoing, it can be concluded that, despite their small number, ILO conventions generally serve to protect child labor by establishing the basic rights and guarantees of minors in the field of labor. But it is undeniable that many provisions need to be improved or require additional regulation.

Let us now turn to the national labor legislation of the Russian Federation.

According to Art. 7 of the Federal Law of July 24, 1998 N 124-FZ "On Basic Guarantees of the Rights of the Child in the Russian Federation" the state authorities of the Russian Federation, the state authorities of the constituent entities of the Russian Federation, officials of these bodies, in accordance with their competence, assist the child in the implementation and protection of his rights and legitimate interests, taking into account the age of the child and within the scope of the legal capacity of the child established by the legislation of the Russian Federation, through the adoption of relevant regulatory legal acts, carrying out methodological, informational and other work with the child to clarify his rights and obligations, the procedure for protecting the rights established by the legislation of the Russian Federation, and also by encouraging the child to fulfill his duties, supporting the practice of law enforcement in the field of protecting the rights and legitimate interests of the child.

It should be noted that minors are under special protection of the labor legislation of the Russian Federation. The norms of labor law take into account the psycho-physiological characteristics of the body that has not been fully formed and the nature of minors. Special labor protection for minors allows them to work safely for their body and psyche and combine work in production with continued education and self-development.

It is prohibited to use the labor of minors in the following works:

a) with harmful and (or) dangerous working conditions;

b) underground works;

c) in the gambling business, in night cabarets, clubs;

d) in the transportation and trade in alcoholic beverages, tobacco products, etc.;

e) work performed on a rotational basis.

This restriction is introduced in accordance with the List of Works approved by Decree of the Government of the Russian Federation of February 25, 2000 N 163, in order to protect the health and moral development of minors. In accordance with the said List, more than 400 types of heavy, harmful and dangerous work are prohibited for persons under 18 years of age, regardless of the form of ownership and legal form of production, including the activities of the employer of a legal entity. The main principles for determining safe activities for adolescents are: compliance with age and functional capabilities; no adverse effects on growth, development and health; exclusion of increased danger and injury to yourself and others; taking into account the increased sensitivity of the body of adolescents to the action of factors of the working environment.

Carrying and movement by minor workers of weights exceeding the limit established for them is prohibited.

The norms of maximum permissible loads for persons under the age of 18 when lifting and moving weights manually are approved by the Decree of the Ministry of Labor of Russia of 04/07/1999 N 7 (Bulletin of the Ministry of Labor of Russia. 1999. N 7). These norms take into account the nature of work, indicators of the severity of labor, the maximum permissible weight of cargo in kg for boys and girls.

Note 1. Lifting and moving weights within the specified norms are allowed if this is directly related to the ongoing professional work performed.

2. The mass of the lifted and moved cargo includes the mass of tare and packaging.

3. When moving goods on trolleys or in containers, the force applied must not exceed:

For boys 14 years old - 12 kg, 15 years old - 15 kg, 16 years old - 20 kg, 17 years old - 24 kg;

For girls 14 years old - 4 kg, 15 years old - 5 kg, 16 years old - 7 kg, 17 years old - 8 kg.

┌─────────────┬───────────────────────────────────────────────────────┐

│ Nature │ Maximum permissible mass of cargo in kg │

│ work, ├─────────────────────────────────────────────── ─────────┤

│ indicators │ Boys │ Girls │

│ severity ─┬───────┤

│ labor │14 years│15 years│16 years│17 years│14 years│15 years│16 years│17 years│

│Lift and │ 3 │ 3 │ 4 │ 4 │ 2 │ 2 │ 3 │ 3 │

│manually │ │ │ │ │ │ │ │ │

│cargo │ │ │ │ │ │ │ │ │

│permanently │ │ │ │ │ │ │ │ │

│within │ │ │ │ │ │ │ │ │

│work shift│ │ │ │ │ │ │ │ │

├─────────────┼──────┼──────┼──────┼──────┼──────┼──────┼──────┼──────┤

│Rise and │ │ │ │ │ │ │ │ │

│moving │ │ │ │ │ │ │ │ │

│load manually│ │ │ │ │ │ │ │ │

│during not │ │ │ │ │ │ │ │ │

│more than 1/3 │ │ │ │ │ │ │ │ │

│ working │ │ │ │ │ │ │ │ │

│shifts: │ │ │ │ │ │ │ │ │

│- constantly │ │ │ │ │ │ │ │ │

│(more than 2 │ │ │ │ │ │ │ │ │

│once an hour) │ 6 │ 7 │ 11 │ 13 │ 3 │ 4 │ 5 │ 6 │

│- at │ │ │ │ │ │ │ │ │

│alternating │ │ │ │ │ │ │ │ │

│with another │ │ │ │ │ │ │ │ │

│ work (up to │ │ │ │ │ │ │ │ │

│2 times in │ │ │ │ │ │ │ │ │

│hour) │ 12 │ 15 │ 20 │ 24 │ 4 │ 5 │ 7 │ 8 │

│Total │ │ │ │ │ │ │ │ │

│load weight, │ │ │ │ │ │ │ │ │

│movable│ │ │ │ │ │ │ │ │

│within │ │ │ │ │ │ │ │ │

│shifts: │ │ │ │ │ │ │ │ │

│- rise from │ │ │ │ │ │ │ │ │

│ working │ │ │ │ │ │ │ │ │

│surface │ 400 │ 500 │ 1000 │ 1500 │ 180 │ 200 │ 400 │ 500 │

│- rise from │ │ │ │ │ │ │ │ │

│sex │ 200 │ 250 │ 500 │ 700 │ 90 │ 100 │ 200 │ 250 │

└─────────────┴──────┴──────┴──────┴──────┴──────┴──────┴──────┴──────┘

It is prohibited to conclude an agreement with minors on full liability.

The age of employment of young people is limited. According to the general rule established by Art. 63 of the Labor Code, the conclusion of an employment contract is allowed with persons who have reached the age of 16. Only in exceptional cases, established by law in the prescribed manner, is it allowed to hire young people aged 15, 14 and up to 14 years.

In accordance with the labor legislation of the Russian Federation, minors in labor relations are equated in rights with adults, and in the field of labor protection, working hours, holidays, they also have labor benefits. A lighter work regime has been established for minors, it is prohibited to involve these persons in overtime work, work at night, on weekends and non-working holidays, and sending them on business trips. The exceptions are creative workers of the media, cinematography, theaters, theater and concert organizations and other persons involved in the creation and performance of works, professional athletes.

For minors, an extended regular paid leave of 31 calendar days has been established, which is provided at a time convenient for them.

All persons under the age of 18 are hired only after a preliminary mandatory medical examination, and then until the age of 18 they are subject to an annual medical examination, with both initial and subsequent medical examinations being carried out at the expense of the employer.

The dismissal of workers under 18 at the initiative of the employer is limited, it is allowed only with the consent of the relevant state labor inspectorate and the commission on minors and the protection of their rights.

The legislator pays great attention to the guarantees of orphans, in particular, Art. 9 of the Federal Law of December 21, 1996 N 159-FZ "On additional guarantees for social support for orphans and children left without parental care" establishes that the state employment service bodies (employment service bodies) when contacting orphans and children left without parental care, aged from fourteen to eighteen years, carry out career guidance work with these persons and provide diagnostics of their professional suitability, taking into account their state of health. Orphans, children left without parental care, persons from among orphans and children left without parental care, looking for a job for the first time and registered with the state employment service in the status of unemployed, are paid unemployment benefits for 6 months in the amount of average wages prevailing in the republic, territory, region, city Moscow and St. Petersburg, autonomous region, autonomous district. In addition, the employment service bodies during the specified period carry out vocational guidance, vocational training and employment of persons in this category.

Employees from among orphans, children left without parental care, as well as persons from among orphans and children left without parental care, released from organizations in connection with their liquidation, downsizing or staff, employers (their legal successors) are obliged provide at their own expense the necessary vocational training with their subsequent employment in this or another organization. After analyzing the state of Russian and international legislation in the field of regulation of labor relations of minors, we can conclude that with a sufficient legal framework that establishes guarantees and protection of the labor rights of young people under the age of 18, the problem of observance of labor rights has recently become particularly acute. In fact, almost all of the above guarantees and restrictions are violated by the employer. This indicates the presence of a number of significant shortcomings in the legal system in the field of protecting the labor rights of minors and more stringent mechanisms for bringing to legal responsibility those who violate the rights and legitimate interests of persons under the age of 18.

The variety of sources of labor law, the mutual existence of norms adopted a decade ago and that have come into force in recent years, the presence of many departmental instructions, regulations, rules, often complicated and contradictory, the lack of development of mechanisms for the implementation of adopted legal acts - all this makes it difficult to implement the mechanism for protecting the labor rights of minors .

The existing program "Children of Russia", approved by Decree of the Government of the Russian Federation of March 21, 2007 N 172 "On the federal target program "Children of Russia" for 2007-2010", unfortunately, does not provide for a column of expenses for the creation of safe, well-paid jobs for minors. Probably, it is necessary to develop at the federal level, and possibly at the level of the constituent entity of the Russian Federation, a program that provides for all the problems of labor of minors with the establishment of the most severe control over the observance of all regulations relating to this problem.

L. Chernysheva

Senior Lecturer

departments of prosecutorial supervision

and participation of the prosecutor

in considering civil

and arbitration cases

Signed for print

labor law

Keywords:

1 -1

The General Conference of the International Labor Organization, convened in Geneva by the Governing Body of the International Labor Office and meeting at its 87th session on 17 June 1999, Deeming it necessary to adopt new instruments to prohibit and eliminate the worst forms of child labor as a top priority for national and international action, including international co-operation and international assistance that would supplement the Minimum Age Convention and Recommendation, 1973, which remain fundamental instruments on child labour, Considering that the effective elimination of the worst forms of child labor requires immediate and comprehensive action that takes into account the importance of free basic education and the need to free children from any work of this kind, as well as their rehabilitation and social integration, while taking into account the needs of their families, recalling the resolution on the abolition of child labor adopted by the 83rd session of the International Labor Conference in 1996, Recognizing that child labor is largely a consequence of poverty and that the long-term solution to this issue lies in sustainable economic growth leading to social progress, in particular the eradication of poverty and universal education, Recalling the Convention on the Rights of the Child adopted by the General Assembly United Nations on 20 November 1989, Recalling the ILO Declaration on Fundamental Principles and Rights at Work and the Mechanism for its Implementation adopted by the 86th Session of the International Labor Conference in 1998, Recalling that some of the worst forms of child labor are covered by other international instruments, in particular the 1930 Forced Labor Convention and the 1956 United Nations Supplementary Convention for the Abolition of Slavery, the Slave Trade and Institutions and Practices Similar to Slavery, Deciding to adopt a series of proposals on child labor, which is the fourth item on the agenda of the session, Deciding to give this suggestion The following convention shall take the form of an international convention, this seventeenth day of June of the year one thousand nine hundred and ninety-nine, which may be cited as the Worst Forms of Child Labor Convention, 1999.

Each Member which ratifies this Convention shall immediately take effective measures to secure, as a matter of urgency, the prohibition and elimination of the worst forms of child labour.

For the purposes of this Convention, the term "child" applies to all persons under 18 years of age.

For the purposes of this Convention, the term "worst forms of child labour" includes:

(a) All forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom, and forced or compulsory labour, including the forced or compulsory recruitment of children for use in armed conflicts;

b) using, recruiting or offering a child for prostitution, for the production of pornographic products or for pornographic performances;

C) the use, recruitment or offering of a child to engage in illegal activities, in particular for the production and sale of drugs, as defined in relevant international instruments;

(d) work which, by its nature or the conditions in which it is carried out, is likely to harm the health, safety or morals of children.

1. National legislation or the competent authority shall determine, after consultation with the organizations of employers and workers concerned, the types of work referred to in paragraph (a) of Article 3, taking into account relevant international standards, in particular the provisions of paragraphs 3 and 4 of the 1999 Recommendation on the Worst Forms of Child Labour.

2. The competent authority, after consultation with the organizations of employers and workers concerned, shall determine the places where the types of work so determined are carried out.

3. The list of types of work determined in accordance with paragraph 1 of this article shall be periodically analyzed and, as necessary, revised after consultation with the organizations of employers and workers concerned.

Each Member, after consultation with employers' and workers' organizations, shall establish or designate appropriate mechanisms to control the application of the provisions giving effect to this Convention.

1. Each Member State shall develop and implement programs of action to eliminate, as a matter of priority, the worst forms of child labour.

2. Such action programs shall be drawn up and implemented in consultation with the relevant government departments and employers' and workers' organizations, taking into account, as appropriate, the views of other interested groups.

1. Each Member shall take all measures necessary to ensure the effective application and enforcement of the provisions giving effect to this Convention, including through the imposition and enforcement of criminal or, as the case may be, other sanctions.

2. Each Member State, bearing in mind the importance of education in the elimination of child labour, shall take measures within a specified time frame to:

a) preventing children from being involved in the worst forms of child labour;

(b) Provision of necessary and appropriate direct assistance to bring children out of the worst forms of child labour, as well as to their rehabilitation and social integration;

(c) Providing all children freed from the worst forms of child labor with access to free basic education and, where possible and necessary, vocational training;

D) identifying and reaching out to children in particularly vulnerable situations; and

(e) Taking into account the specific situation of girls.

3. Each Member shall designate a competent authority responsible for the application of the provisions giving effect to this Convention.

Member States shall take the necessary measures to assist each other in giving effect to the provisions of this Convention, using for this purpose wider international cooperation and/or assistance, including support for social and economic development, anti-poverty programs and universal education.

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

1. This Convention shall be 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 12 months after the date of registration by the Director-General of the instruments of ratification of two Members of the Organization.

3. Subsequently, this Convention shall enter into force for each Member State of the Organization 12 months after the date of registration of its instrument of ratification.

1. Each Member which has ratified this Convention may, after ten years from the date of its original 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 one year after the expiration of the ten years referred to in the preceding paragraph, has not exercised the right of denunciation provided for in this Article, the Convention shall remain in force for another ten years and may subsequently denounce it at expiration of each decade in the manner provided for in this Article.

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 which he has received, the Director-General shall draw their attention to the date of entry into force of this Convention.

The English and French texts of this Convention shall be equally authentic.