CONVENTION No. 159
on professional rehabilitation and employment of disabled people*
Ratified
By Decree of the Presidium of the Supreme Soviet of the USSR
dated March 29, 1988 N 8694-ХI
________________
Taking note of 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 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 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 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. Vocational Rehabilitation Principle and Policy
employment for people with disabilities
Article 2
Each Member State, in accordance with national conditions, practices and capabilities, shall develop, implement and periodically review national policies in the field of vocational rehabilitation and employment of persons with disabilities.
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
Representative organizations of employers and workers shall be consulted on the implementation of the said 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. National measures to develop services
professional rehabilitation and employment of disabled people
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 2, 3, 4 and 5 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 services for workers 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 aims to ensure the training and availability of rehabilitation counselors and other suitably qualified personnel responsible for vocational guidance, vocational training, placement and employment of persons with disabilities.
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. Thereafter, this Convention shall 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. General manager The International Labor Office shall notify all members of the International Labor Organization of the registration of all instruments of ratification and denunciation submitted to it 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 Article 102 of the Charter of the United Nations, full particulars of all instruments of ratification and denunciation 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.
The English and French texts of this Convention are equally authentic.
The text of the document is verified according to:
"ILO Conventions and Recommendations"
vol.2, Geneva, 1991
Recommendation on vocational rehabilitation and employment of persons with disabilities
The General Conference of the International Labor Organization, convened at Geneva by the Governing Body of the International Labor Office and meeting in its 69th session on 1 June 1983,
Taking note of the existing international standards contained in the Retraining of Persons with Disabilities Recommendation, 1955,
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 that 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 regarding 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 a Recommendation supplementing the Vocational Rehabilitation and Employment of Disabled Persons Convention, 1983, and the Retraining of Disabled Persons Recommendation, 1955,
adopts on 20 June 1983 the following Recommendation, which may be cited as the Vocational Rehabilitation and Employment of Disabled Persons Recommendation, 1983.
I. Definitions and scope
1. Member States, when applying the provisions of this Recommendation and the Retraining of Disabled Persons Recommendation 1955, should regard the term “disabled person” as covering persons whose opportunities for obtaining and maintaining suitable employment and promotion are significantly limited by reason of their evidenced by a physical or mental defect.
2. Member States, in applying this Recommendation as well as the Retraining of Disabled Persons Recommendation, 1955, should consider the purpose of vocational rehabilitation, as defined in the latter Recommendation, to be to enable disabled persons to obtain and retain suitable employment and to advance in career development, thereby facilitating their social integration or reintegration.
4. Measures for vocational rehabilitation should apply to all categories of disabled people.
5. In the planning and provision of vocational rehabilitation and employment services for persons with disabilities, vocational guidance, training, placement, employment and related services existing for workers in general should be used and adapted for persons with disabilities.
6. Vocational rehabilitation should begin as early as possible. To this end, health systems and other bodies responsible for medical and social rehabilitation, must regularly cooperate with the authorities responsible for vocational rehabilitation.
II. Vocational rehabilitation and employment opportunities for people with disabilities
7. Disabled workers should enjoy equality of opportunity and treatment with regard to ensuring the reality of obtaining, maintaining and promoting employment which, where possible, is consistent with their personal choice and individual suitability for it.
8. When organizing vocational rehabilitation and providing assistance to disabled people in employment, the principle of equality of treatment and opportunity for male and female workers should be observed.
9. Special positive measures aimed at ensuring genuine equality of treatment and opportunity for disabled people and other workers must not be considered discriminatory against other workers.
10. Measures should be taken to promote the employment of people with disabilities that comply with employment standards and wages, which apply to workers in general.
11. Such measures, in addition to those listed in Section VII of the Retraining of Disabled Persons Recommendation, 1955, should include:
a) appropriate measures to create employment opportunities in a free labor market, including financial incentives for entrepreneurs to encourage their activities in organizing vocational training and subsequent employment of people with disabilities, as well as reasonable adaptation of workplaces, work operations, tools, equipment and work organization, to facilitate such training and employment of persons with disabilities;
b) the government providing appropriate assistance in creating various types of specialized enterprises for people with disabilities who do not have real possibility get a job at non-specialized enterprises;
c) encouraging cooperation between specialized and industrial workshops in matters of organization and management in order to improve the employment situation of disabled people working for them and, if possible, help prepare them for work in normal conditions;
d) provision by the government of appropriate assistance to vocational training, vocational guidance, specialized enterprises and employment services for disabled people, run by non-governmental organizations;
e) promoting the creation and development of cooperatives by and for disabled people, in which, if appropriate, workers as a whole can participate;
f) the provision by the Government of appropriate assistance in the establishment and development by and for disabled people (and, if appropriate, for workers in general) of small industrial enterprises, cooperative and other types of production workshops, provided that such workshops meet the established minimum standards;
g) elimination, if necessary in stages, of natural, communication and architectural barriers and obstacles that impede passage, access and free movement in premises intended for vocational training and work of disabled people; relevant standards should be taken into account in new public buildings and equipment;
h) where possible and appropriate, promoting the development of means of transport that meet the needs of disabled people, delivering them to and from places of rehabilitation and work;
i) encouraging the dissemination of information about examples of actual and successful labor integration of people with disabilities;
j) exemption from internal taxes or any other internal charges imposed upon import or subsequently on certain goods, educational materials and equipment necessary for rehabilitation centers, production workshops, entrepreneurs and disabled people, as well as certain devices and apparatus necessary to assist disabled people in obtaining and maintaining work;
k) ensuring part-time employment and other measures in the field of labor in accordance with the individual characteristics of disabled people who, at present, as well as at some time in the future, will practically not be able to obtain full-time work;
m) conducting research and possibly applying its results to various types of disabilities in order to promote the participation of disabled people in normal working life;
m) the provision of appropriate assistance by the government to eliminate the potential for exploitation in vocational training and specialized enterprises and to facilitate the transition to a free labor market.
12. When developing programs for labor and social integration or reintegration of persons with disabilities, all forms of vocational training should be taken into account; they should include, where necessary and appropriate, vocational training and education, modular training, residential rehabilitation, literacy training and other related areas of vocational rehabilitation.
13. To ensure normal employment and, therefore, social integration or reintegration of disabled people, it is also necessary to take into account special assistance measures, including the provision of devices, apparatus and other individual services that enable disabled people to obtain and maintain suitable work for them and to advance in their careers .
14. It is necessary to monitor measures for the vocational rehabilitation of disabled people in order to evaluate the results of such measures.
III. Organizing events at the local level
15. Vocational rehabilitation services should be established in both urban and rural areas and in remote areas and should be carried out, where possible, with fuller public participation, especially with the participation of representatives of employers' organizations, workers' organizations and organizations of disabled people.
16. Activities for the establishment of vocational rehabilitation services for persons with disabilities at the local level should be promoted through carefully designed public information measures in order to:
a) informing people with disabilities and, if necessary, their families about their rights and opportunities in the field of employment;
b) overcoming prejudice, misinformation and unfavorable attitudes towards the employment of people with disabilities and their social inclusion or reintegration.
17. Local leaders or local groups, including persons with disabilities themselves and their organizations, should collaborate with health, welfare, education, labor and other relevant government agencies in identifying the needs of persons with disabilities in the area and ensuring that disabled people, whenever possible, take part in public activities activities and services.
18. Vocational rehabilitation and employment services for people with disabilities should be integral part development of the area and, as necessary, receive financial, material and technical assistance.
19. There should be formal recognition of voluntary organizations that are best placed to provide vocational rehabilitation services and to provide employment and social integration or reintegration opportunities for persons with disabilities.
IV. Vocational rehabilitation in rural areas
20. Special measures must be taken to ensure that vocational rehabilitation services are provided to persons with disabilities in rural and remote areas at the same level and under the same conditions as in urban areas. The development of such services should be an integral part of national rural development policies.
21. To this end, it is necessary, where appropriate, to take steps to:
a) designate existing vocational rehabilitation services in rural areas or, in the absence of such services, designate vocational rehabilitation services in urban areas as training centers for rural areas for rehabilitation personnel;
b) create mobile vocational rehabilitation services that serve disabled people in rural areas and serve as centers for disseminating information about vocational training and employment opportunities for disabled people in rural areas;
c) train employees of rural and local development programs in vocational rehabilitation techniques;
d) provide loans, grants or tools and materials to help disabled people in rural areas form and manage cooperatives or independently engage in crafts, handicrafts, agriculture or other activities;
e) include assistance to people with disabilities in ongoing or planned general activities for the development of rural areas;
f) assist disabled people in ensuring that their housing is located at a reasonable distance from their place of work.
V. Personnel training
22. In addition to specially trained counselors and vocational rehabilitation specialists, all other persons involved in the vocational rehabilitation of persons with disabilities and the development of employment opportunities should receive vocational training or orientation in rehabilitation issues.
23. Persons involved in vocational guidance, vocational training and employment in general should have the necessary knowledge of physical and mental disabilities and their limiting effects, as well as knowledge of existing support services, in order to facilitate the active economic and social inclusion of persons with disabilities. These individuals must be given the opportunity to bring their knowledge up to date and to gain experience in these areas.
24. The training, qualifications and remuneration of personnel engaged in vocational rehabilitation and training of disabled people must correspond to the training, qualifications and remuneration of persons engaged in general vocational training and performing similar tasks and responsibilities; Opportunities for promotion should be consistent with the capabilities of both groups of specialists, and the transfer of personnel from the vocational rehabilitation system to the general vocational training system and vice versa should be encouraged.
25. Personnel of the professional rehabilitation system for specialized and manufacturing enterprises must receive, within its framework general training and, as required, training in production management, production technology and sales.
26. In cases where there is not a sufficient number of passed full preparation rehabilitation staff, measures should be considered to recruit and train vocational rehabilitation assistants and support staff. These assistants and support staff should not be used in place of fully trained professionals at all times. Where possible, provision should be made for upgrading the skills of these personnel to ensure that they are fully included in the number of staff receiving training.
27. Where necessary, the establishment of regional and subregional training centers for vocational rehabilitation should be encouraged.
28. Persons involved in vocational guidance, training, employment and assistance to persons with disabilities should have adequate training and experience to identify the motivational problems and difficulties that persons with disabilities may experience and, within their competence, to take into account the resulting needs.
29. Where necessary, measures should be taken to encourage persons with disabilities to study for occupations related to vocational rehabilitation and to assist them in obtaining employment in this field.
30. Persons with disabilities and their organizations should be consulted on the development, implementation and evaluation of training programs for the vocational rehabilitation system.
VI. Contribution of employers' and workers' organizations to the development of vocational rehabilitation services
31. Employers' and workers' organizations should pursue policies to promote vocational training and provide suitable work to persons with disabilities on a basis of equality with other workers.
32. Employers' and workers' organizations, together with persons with disabilities and their organizations, should be able to promote the development of policies concerning the organization and development of vocational rehabilitation services, as well as research and legislative proposals in this area.
33. Where possible and appropriate, representatives of employers' organizations, workers' organizations and organizations of persons with disabilities should be included on the boards and committees of vocational rehabilitation and vocational training centers used by persons with disabilities, which make decisions on general and technical issues, in order to ensure that vocational rehabilitation programs meet the needs of various sectors of the economy.
34. Where possible and appropriate, employers' and workers' representatives in an enterprise should collaborate with appropriate professionals to consider opportunities for vocational rehabilitation and reassignment of work to persons with disabilities employed in the enterprise and the provision of work to other persons with disabilities.
35. Where possible and appropriate, enterprises should be encouraged to establish or maintain, in close cooperation with local and other rehabilitation services, their own vocational rehabilitation services, including various types of specialist enterprises.
36. Where possible and appropriate, employers' organizations should take steps to:
a) advise its members on vocational rehabilitation services that can be provided to disabled workers;
b) cooperate with bodies and institutions promoting the active labor reintegration of disabled people, informing them, for example, about working conditions and professional requirements that must satisfy disabled people;
c) advise its members on changes that can be made in relation to disabled workers in the basic duties or requirements of the relevant types of work;
d) recommend to its members to study possible consequences reorganizing production methods so that they do not unintentionally deprive people with disabilities of work.
37. Where possible and appropriate, workers' organizations should take measures to:
a) facilitate the participation of disabled workers in discussions directly at the place of work and in enterprise councils or any other body representing workers;
b) propose the main directions of professional rehabilitation and protection of workers who have become disabled as a result of illness or an accident at work or at home, and include such principles in collective agreements, rules, arbitration awards or other relevant acts;
c) advise on activities carried out in the workplace and relating to disabled workers, including adaptation of labor knowledge, special organization of work, determination of professional suitability and employment and establishment of production standards;
d) raise problems of professional rehabilitation and employment of disabled people at trade union meetings and inform its members through publications and seminars about the problems and opportunities of professional rehabilitation and employment of disabled people.
VII. Contribution of people with disabilities and their organizations to the development of vocational rehabilitation services
38. In addition to the participation of people with disabilities, their representatives and organizations in rehabilitation activities specified in paragraphs 15, 17, 30, 32 and 33 of this Recommendation, measures to involve people with disabilities and their organizations in the development of vocational rehabilitation services should include:
a) encouraging the participation of persons with disabilities and their organizations in the development of activities at the local level aimed at the vocational rehabilitation of persons with disabilities in order to promote their employment or their social integration or reintegration;
b) the government provides appropriate support for the development of organizations of people with disabilities and for people with disabilities and their participation in vocational rehabilitation and employment services, including support for the provision of training programs for people with disabilities in the field of their social self-affirmation;
(c) Government support should be given to these organizations to carry out public education programs aimed at creating a positive image of the abilities of persons with disabilities.
VIII. Vocational rehabilitation within social security systems
39. In applying the provisions of this Recommendation, Members should also be guided by the provisions of Article 35 of the Social Security Minimum Standards Convention 1952, the provisions of Article 26 of the Employment Injury Benefits Convention 1964 and the provisions of Article 13 of the Disability Benefits Convention 1967. old age and in the event of loss of a breadwinner to the extent that they are not bound by the obligations arising from the ratification of these acts.
40. Where possible and appropriate, social security systems should provide for or facilitate the establishment, development and financing of vocational training, placement and employment programs (including employment in specialized enterprises) and vocational rehabilitation services for people with disabilities, including rehabilitation counselling.
41. These systems should also include incentives for people with disabilities to seek employment and measures to facilitate their gradual transition into the open labor market.
IX. Coordination
42. Measures should be taken to ensure, as far as practicable, that vocational rehabilitation policies and programs are coordinated with socio-economic development policies and programs (including scientific research and advanced technology) affecting labor management, general employment policy, employment promotion, vocational training, social inclusion, social security, cooperatives, rural development, small-scale industry and handicrafts, occupational safety and health, adaptation of methods and organization of work to the needs of the individual and to improve working conditions.
The text of the document is verified according to:
"Vocational rehabilitation
and ensuring employment of people with disabilities",
N 2, 1995
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 especially into account 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
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 that the objective of vocational rehabilitation is 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
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 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
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 2, 3, 4 and 5 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 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.
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 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, the Director General shall draw 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 Article 102 of the Charter of the United Nations, full particulars of all instruments of ratification and denunciation 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, 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.
The General Conference of the International Labor Organization, convened at Geneva by the Governing Body of the International Labor Office and meeting in its 69th session on 1 June 1983,
Taking note of 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,
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With the development of the world economy, economic integration and cooperation of various countries, the task arose to harmonize and generalize the labor relations that have developed in national labor markets. This task was undertaken by the International Labor Organization, which in its conventions and recommendations legally enshrined labor relations standards as part of international law. ILO conventions and recommendations, after being ratified by the parliaments of many countries, became part of national labor law, which regulates certain aspects of the national labor market.
Let's consider the content of some of the main ILO conventions on labor market regulation.
In 1919 at first session of the International Labor Organization adopted the Convention on the Limitation of Working Time since 1921 industrial enterprises 8:00 a day, or 48 hours a week, but it was not ratified by all states at that time. Now in the majority developed countries market economy an 8-hour working day is legally established, and in some countries - a 36-40 hour working week (for example, in France, as well as in the USA for enterprises of public importance).
Convention No. 2(dated October 29, 1919) “On unemployment.” Article 2 states that the state shall establish a system of free public employment offices under the control of the central authorities.
Convention No. 29(dated June 28, 1930) “On forced or compulsory labor.” Article 1 states that the State undertakes to eliminate the use of coercive or compulsory labor in all forms in the shortest possible time.
Convention No. 44(dated June 23, 1934) “On assistance to persons who are unemployed due to circumstances beyond their control.” The Convention defines the concept of “appropriate (suitable) employment” and indicates a number of criteria: profession, place of residence, remuneration and other working conditions, non-involvement in labor disputes, personal circumstances of applicants.
Convention No. 87(dated July 9, 1948) “On freedom of association and protection of the rights to organize.” Article 2 states that workers and employers have the right to establish organizations of their choice without prior permission. State authorities shall refrain from any interference in the activities of the association (Article 3).
Convention No. 88(dated July 9, 1948) “On the organization of the employment service.” Article 1 states that the state maintains or ensures the maintenance of a free public employment service. The main responsibility of the service is to ensure the possible organization of the employment market as an integral part of the national program for achieving and maintaining full employment, development and use of productive forces.
Convention No. 96(dated July 1, 1949) “On paid recruitment agencies.” Article 2 states that the state provides for the gradual elimination of paid recruitment agencies that have commercial purposes.
Convention No. 102(dated June 28, 1952) “On minimum standards of social security.” Article 19 states that the state provides assistance to persons in case of unemployment.
Convention No. 122(dated July 9, 1964) “On employment policy.” Article 1 states that the State shall pursue an active policy aimed at promoting full, productive and freely chosen employment in order to stimulate economic growth and development, raising living standards, meeting labor needs and eliminating unemployment. These policies take into account the relationship between employment goals and other economic and social goals.
In 1970 the ILO adopted Convention 131 on the establishment of minimum wages with special regard to developing countries.
Convention No. 142(dated June 23, 1975) “On vocational guidance and training in the field of human resource development.”
Convention No. 150, adopted in 1978, contains basic provisions on the regulation of labor issues, the role, function and organization of this regulation.
Convention No. 159(dated June 20, 1983) “On professional rehabilitation and employment of disabled people.”
Convention No. 168(dated June 21, 1988) “On promoting employment and protection against unemployment.” Article 2 states that the State strives to ensure that assistance methods encourage workers to seek employment and entrepreneurs to offer productive employment.
International labor law recognized in many countries, and conventions, as well as recommendations, play a significant role in regulating the labor market, adjusting the mechanism of its self-regulation and protecting hired labor.
Ukraine's participation in the activities of the ILO and the use of existing experience is extremely necessary and useful, especially during the period of economic reforms.
The Declaration of State Sovereignty of Ukraine proclaims the priority of generally recognized norms of international law over the norms of domestic law. This provision of the Law of Ukraine “On the validity of international treaties on the territory of Ukraine” is enshrined, which states that adopted and duly ratified by Ukraine international treaties constitute an integral part of the national legislation of Ukraine and are used in the manner prescribed for the norms of national legislation.
At the moment (03/09/12), Ukraine has ratified 61 ILO (International Labor Organization) conventions:
No. Title of the convention
02 - Unemployment Convention 1919
11 - 1921 Convention on the Right of Association agriculture
14 - Industrial Weekly Rest Convention 1921
16 - Convention, 1921, concerning the Medical Examination of Adolescents on Board Ships
23 - Repatriation of Seafarers Convention 1926
27 - Convention concerning the Indication of the Weight of Goods Carried on Ships, 1921
29 - Forced Labor Convention 1930
32 - Convention (Revised) 1932 for the Protection of Dockers against Accidents
45 - Convention concerning the Employment of Women in Underground Works, 1935
47 - Forty Hours Working Week Convention, 1935
69 - Certificate of Proficiency Convention for Ship's Cooks, 1946
73 - Medical Examination of Seafarers Convention, 1946
77 - Convention 1946 concerning the Medical Examination of Adolescents in Industry
78 - Medical Examination of Adolescents in Non-Industrial Occupations Convention, 1946
79 - Night Work by Youth in Non-Industrial Work Convention, 1946
81 - Labor Inspection Convention 1947 [and Protocol 1995]
87 - Freedom of Association and Protection of the Right to Organize Convention 1948
90 - Juvenile Night Work in Industry Convention (Revised), 1948
92 - Crew Accommodation Convention (Revised) 1949
95 - Security of Wages Convention 1949
98 - Right to Organize and Collective Bargaining Convention 1949
100 - Equal Remuneration Convention 1951
103 - Maternity Protection Convention (Revised), 1952
105 - Abolition of Forced Labor Convention, 1957
106 - Weekly Rest in Commerce and Offices Convention, 1957
108 - Seafarers' Identity Documents Convention, 1958
111 - Discrimination (Employment and Occupation) Convention 1958
113 - 1959 Convention on medical examination fishermen
115 - 1960 Radiation Protection Convention
116 - 1961 Convention concerning the Revision of the Final Articles
119 - Safety Equipment Convention for Machinery, 1963
120 - Hygiene in Commerce and Institutions Convention 1964
122 - Employment Policy Convention, 1964
124 - Convention 1965 concerning the Medical Examination of Young Persons for Underground Works
126 - Fishermen's Accommodation on Board Vessels Convention, 1966
129 - Labor Inspection Convention in Agriculture, 1969
131 - Minimum Wage Convention, 1970
132 - Holidays with Pay Convention (Revised), 1970
133 - Crew Accommodation Convention 1970 (Supplementary Provisions)
135 - Workers' Representatives Convention, 1971
138 - Minimum Age Convention 1973
139 - Occupational Cancer Convention 1974
140 - Educational Leave Convention 1974
142 - Human Resources Development Convention 1975
144 - Tripartite Consultation Convention 1976 (International Labor Standards)
147 - Merchant Shipping Convention 1976 [and Protocol 1996]
149 - Nursing Personnel Convention 1977
150 - Labor Convention 1978
153 - Working Hours and Rest Periods in Road Transport Convention, 1979
154 - Collective Bargaining Convention 1981
155 - Occupational Safety and Health Convention 1981
156 - Workers' Convention 1981 family responsibilities
158 - Termination of Employment Convention 1982
159 - Vocational Rehabilitation and Employment of Persons with Disabilities Convention, 1983
160 - Labor Statistics Convention 1985
161 - Occupational Health Services Convention 1985
173 - Convention 1992 for the Protection of Workers' Claims in the Event of Insolvency of their Employer
174 - 1993 Convention for the Prevention of Major Industrial Accidents
176 - Safety and Health in Mines Convention 1995
182 - 1999 Convention on in the worst forms child labor
184 - Occupational Safety and Health in Agriculture Convention 2001
The General Conference of the International Labor Organization, convened at Geneva by the Governing Body of the International Labor Office and meeting in its 69th session on 1 June 1983,
Taking note of 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 of Application
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. 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, develops, implements and periodically reviews national policies in the field of vocational rehabilitation and employment of persons with disabilities.
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.
Representative organizations of employers and workers shall be consulted on the implementation of the said 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.
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 services for workers 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 aims to ensure the training and availability of rehabilitation counselors and other appropriately qualified personnel responsible for vocational guidance, vocational training, placement and employment of persons with disabilities.
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. Thereafter, this Convention shall 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.
