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ILO Fundamental Conventions

ILO International Training Centre


International Labour Standards and Human
Rights Programme
25th November 2003

The 4 Fundamental Rights


FOA and the effective recognition of the
right to collective bargaining
Elimination of forced or compulsory
labour
Abolition of child labour
Elimination of discrimination

The 8 Fundamental Conventions


FOA and collective bargaining:
C. 87 on Freedom of Association and
Protection of the Right to Organise
C.98 on the Right to Organise and Collective
Bargaining

Elimination of forced or compulsory


labour:
C. 29 on Forced Labour
C. 105 on Abolition of Forced Labour

Abolition of child labour


C. 138 on Minimum Age
C. 182 on the Worst Forms of Child Labour

Elimination of discrimination
C. 100 on Equal Remuneration
C. 111 on Discrimination (Employment and
Occupation)

FOA and the effective


recognition of the right to
collective bargaining

C. 87 on Freedom of Association and


Protection of the Right to Organise
Adoption: 1948
Right of workers and employers, without
distinction whatsoever, to establish and
join organizations of their own choosing
(art. 2)
exceptions: police and armed forces (art. 9)

Right to establish organizations without


previous authorization (art. 2)

Right to elect representatives in full


freedom (art. 3(1))
Trade unions cannot be dissolved or
suspended by administrative authority
(art.4)
Ratifications: 142

C.98 on the Right to Organise and


Collective Bargaining
Adoption: 1949
Protection of workers against acts of antidiscrimination from employers (art. 1)
Protection of workers and employers
organizations against acts of interference
by each other (art. 2)
Promotion of collective bargaining (art.
4)

All workers are covered except:


armed forces and the police (art. 5)
civil servants engaged in the administration of
the State (art. 6)

Ratifications: 153

Committee on FOA

Committee on FOA
Creation: 1951
Examines complaints containing allegations
of violation on the Conv. on FOA,
regardless of whether or not the States
concerned have ratified these conventions
Consent of the State concerned is not
necessary
No necessity for national remedies to be
exhausted

Elimination of forced or
compulsory labour

C. 29 on Forced Labour
Adoption: 1930
Ratifications: 163
General obligation: general suppression of
forced or compulsory labour
Forced or compulsory labour: All work or
service which is exacted from any person
under the menace of any penalty and for
which the said person has not offered
himself voluntarily (art. 2(1))

Forced or compulsory labour do not include


(art. 2 (2):
compulsory military service
civic obligations
work or service exacted from any person as a
consequence of a conviction in a court of law
work or service exacted in cases of emergency
minor communal services

C. 105 on Abolition of Forced


Labour
Adoption: 1957
Ratification: 161
Suppression of forced or compulsory labour
in 5 specific cases (art. 1):

1) as a means of political coercion or


education or as a punishment for holding or
expressing political views ideologically
opposed to the established political, social
or economic system
2) as a method of mobilising and using
labour for purposes of economic
development
3) as a means of labour discipline

4) as a punishment for having participated


in strikes
5) as a means of racial, social, national or
religious discrimination

Abolition of child labour

C. 138 on Minimum Age

Adoption: 1973
Ratifications: 131
Aims at all forms of child labour
Principle: the minimum age for admission
to employment or work should not be less
than the age for completing compulsory
schooling

Coverage: all economic sectors


Obligations of States:
ensure the effective abolition of child labour
raise progressively the minimum age for
admission to employment or work
fix a minimum age for admission to
employment or work

C. 182 on the Worst Forms of


Child Labour

Adoption: 1998
Ratifications: 147
Coverage: worst forms of child labour
Principle: immediate and effective measures
to prohibit and eliminate the worst forms of
child labour should be taken as a matter of
priority

Worst forms of child labour:


1) slavery or similar practices (such as sale and
trafficking of children, debt bondage, forced or
compulsory labour, including forced or
compulsory recruitment of children for use in
armed conflict);
2) prostitutioin and pornography;
3) use of a child for illicit activities (drugs, );
4) hazardous work (likely to harm the health,
safety or morals of children).

Elimination of
discrimination

C. 100 on Equal Remuneration


Adoption: 1951
Ratifications: 161
Equal remuneration for men and women
workers for work of equal value
Applicable to:
public sector workers
private sector workers

C. 111 on Discrimination
(Employment and Occupation)
Adoption: 1958
Ratifications: 159
Promotion of equal opportunities and
treatment regarding employment and
occupation without distinction

Discrimination:
distinction, exclusion or preference
based on:

race and colour


national extraction
gender
social origin
political opinion

nullifying or impairing equality of treatment or


opportunity

Employment or occupation:
access to vocational training
access to employment and particular
occupations
terms and conditions of employment

Not discrimination:
inherent to job
warranted by security of state
measures of protection or assistance

International law as regards


national jurisdictions