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принципов, касающихся многонациональных корпораций и социальной
политики, следует в полной мере учитывать цели Декларации МОТ об
основополагающих принципах и правах в сфере труда. Такой учет ни в
коей мере не затрагивает добровольного характера или толкования
положений Трехсторонней декларации принципов, касающихся
многонациональных корпораций и социальной политики.
INTERNATIONAL LABOUR ORGANIZATION
TRIPARTITE DECLARATION
OF PRINCIPLES CONCERNING MULTINATIONAL
ENTERPRISES AND SOCIAL POLICY
(Geneva, 16.XI.1977)
(As amended at the Governing Body`s
of the ILO 279th Session (Geneva, November 2000))
The Governing Body of the International Labour Office;
Recalling that the International Labour Organization for many
years has been involved with certain social issues related to the
activities of multinational enterprises;
Noting in particular that various Industrial Committees, Regional
Conferences, and the International Labour Conference since the
mid-1960s have requested appropriate action by the Governing Body in
the field of multinational enterprises and social policy;
Having been informed of the activities of other international
bodies, in particular the UN Commission on Transnational Corporations
and the Organization for Economic Cooperation and Development (OECD);
Considering that the ILO, with its unique tripartite structure,
its competence, and its long-standing experience in the social field,
has an essential role to play in evolving principles for the guidance
of governments, workers` and employers` organizations, and
multinational enterprises themselves;
Recalling that it convened a Tripartite Meeting of Experts on the
Relationship between Multinational Enterprises and Social Policy in
1972, which recommended an ILO programme of research and study, and a
Tripartite Advisory Meeting on the Relationship of Multinational
Enterprises and Social Policy in 1976 for the purpose of reviewing the
ILO programme of research and suggesting appropriate ILO action in the
social and labour field;
Bearing in mind the deliberations of the World Employment
Conference;
Having thereafter decided to establish a tripartite group to
prepare a Draft Tripartite Declaration of Principles covering all of
the areas of ILO concern which relate to the social aspects of the
activities of multinational enterprises, including employment creation
in the developing countries, all the while bearing in mind the
recommendations made by the Tripartite Advisory Meeting held in 1976;
Having also decided to reconvene the Tripartite Advisory Meeting
to consider the Draft Declaration of Principles as prepared by the
tripartite group;
Having considered the Report and the Draft Declaration of
Principles submitted to it by the reconvened Tripartite Advisory
Meeting;
Hereby approves the following Declaration which may be cited as
the Tripartite Declaration of Principles concerning Multinational
Enterprises and Social Policy, adopted by the Governing Body of the
International Labour Office, and invites governments of States Members
of the ILO, the employers` and workers` organizations concerned and
the multinational enterprises operating in their territories to
observe the principles embodied therein.
1. Multinational enterprises play an important part in the
economies of most countries and in international economic relations.
This is of increasing interest to governments as well as to employers
and workers and their respective organizations. Through international
direct investment and other means such enterprises can bring
substantial benefits to home and host countries by contributing to the
more efficient utilization of capital, technology and labour. Within
the framework of development policies established by governments, they
can also make an important contribution to the promotion of economic
and social welfare; to the improvement of living standards and the
satisfaction of basic needs; to the creation of employment
opportunities, both directly and indirectly; and to the enjoyment of
basic human rights, including freedom of association, throughout the
world. On the other hand, the advances made by multinational
enterprises in organizing their operations beyond the national
framework may lead to abuse of concentrations of economic power and to
conflicts with national policy objectives and with the interest of the
workers. In addition, the complexity of multinational enterprises and
the difficulty of clearly perceiving their diverse structures,
operations and policies sometimes give rise to concern either in the
home or in the host countries, or in both <1>.
--------------------------------
<1> Paragraphs 1 - 7, 8, 10, 25, 26, and 52 (formerly paragraph
51) have been the subject of interpretation under the Procedure for
the examination of disputes concerning the application of the
Tripartite Declaration of Principles concerning Multinational
Enterprises and Social Policy. Copies of interpretations are available
upon request to the Bureau of Multinational Enterprise Activities,
International Labour Office, 4, route des Morillons, CH-1211 Geneva
22, Switzerland, or at http://www.ilo.org.
2. The aim of this Tripartite Declaration of Principles is to
encourage the positive contribution which multinational enterprises
can make to economic and social progress and to minimize and resolve
the difficulties to which their various operations may give rise,
taking into account the United Nations resolutions advocating the
establishment of a New International Economic Order.
3. This aim will be furthered by appropriate laws and policies,
measures and actions adopted by the governments and by cooperation
among the governments and the employers` and workers` organizations of
all countries.
4. The principles set out in this Declaration are commended to
the governments, the employers` and workers` organizations of home and
host countries and to the multinational enterprises themselves.
5. These principles are intended to guide the governments, the
employers` and workers` organizations and the multinational
enterprises in taking such measures and actions and adopting such
social policies, including those based on the principles laid down in
the Constitution and the relevant Conventions and Recommendations of
the ILO, as would further social progress.
6. To serve its purpose this Declaration does not require a
precise legal definition of multinational enterprises; this paragraph
is designed to facilitate the understanding of the Declaration and not
to provide such a definition. Multinational enterprises include
enterprises, whether they are of public, mixed or private ownership,
which own or control production, distribution, services or other
facilities outside the country in which they are based. The degree of
autonomy of entities within multinational enterprises in relation to
each other varies widely from one such enterprise to another,
depending on the nature of the links between such entities and their
fields of activity and having regard to the great diversity in the
form of ownership, in the size, in the nature and location of the
operations of the enterprises concerned. Unless otherwise specified,
the term "multinational enterprise" is used in this Declaration to
designate the various entities (parent companies or local entities or
both or the organization as a whole) according to the distribution of
responsibilities among them, in the expectation that they will
cooperate and provide assistance to one another as necessary to
facilitate observance of the principles laid down in the Declaration.
7. This Declaration sets out principles in the fields of
employment, training, conditions of work and life and industrial
relations which governments, employers` and workers` organizations and
multinational enterprises are recommended to observe on a voluntary
basis; its provisions shall not limit or otherwise affect obligations
arising out of ratification of any ILO Convention.
GENERAL POLICIES
8. All the parties concerned by this Declaration should respect
the sovereign rights of States, obey the national laws and
regulations, give due consideration to local practices and respect
relevant international standards. They should respect the Universal
Declaration of Human Rights and the corresponding International
Covenants adopted by the General Assembly of the United Nations as
well as the Constitution of the International Labour Organization and
its principles according to which freedom of expression and
association are essential to sustained progress. They should
contribute to the realization of the ILO Declaration on Fundamental
Principles and Rights at Work and its Follow-up, adopted in 1998. They
should also honour commitments which they have freely entered into, in
conformity with the national law and accepted international
obligations.
9. Governments which have not yet ratified Conventions Nos. 87,
98, 111, 122, 138 and 182 are urged to do so and in any event to
apply, to the greatest extent possible, through their national
policies, the principles embodied therein and in Recommendations Nos.
111, 119, 122, 146 and 190 <2>. Without prejudice to the obligation of
governments to ensure compliance with Conventions they have ratified,
in countries in which the Conventions and Recommendations cited in
this paragraph are not complied with, all parties should refer to them
for guidance in their social policy.
--------------------------------
<2> Convention (No. 87) concerning Freedom of Association and
Protection of the Right to Organise; Convention (No. 98) concerning
the Application of the Principles of the Right to Organise and to
Bargain Collectively; Convention (No. 111) concerning Discrimination
in Respect of Employment and Occupation; Convention (No. 122)
concerning Employment Policy; Convention (No. 138) concerning Minimum
Age for Admission to Employment; Convention (No. 182) concerning the
Prohibition and Immediate Action for the Elimination of the Worst
Forms of Child Labour; Recommendation (No. 111) concerning
Discrimination in Respect of Employment and Occupation; Recommendation
(No. 119) concerning Termination of Employment at the Initiative of
the Employer; Recommendation (No. 122) concerning Employment Policy;
Recommendation (No. 146) concerning Minimum Age for Admission to
Employment; Recommendation (No. 190) concerning the Prohibition and
Immediate Action for the Elimination of the Worst Forms of Child
Labour.
10. Multinational enterprises should take fully into account
established general policy objectives of the countries in which they
operate. Their activities should be in harmony with the development
priorities and social aims and structure of the country in which they
operate. To this effect, consultations should be held between
multinational enterprises, the government and, wherever appropriate,
the national employers` and workers` organizations concerned.
11. The principles laid down in this Declaration do not aim at
introducing or maintaining inequalities of treatment between
multinational and national enterprises. They reflect good practice for
all. Multinational and national enterprises, wherever the principles
of this Declaration are relevant to both, should be subject to the
same expectations in respect of their conduct in general and their
social practices in particular.
12. Governments of home countries should promote good social
practice in accordance with this Declaration of Principles, having
regard to the social and labour law, regulations and practices in host
countries as well as to relevant international standards. Both host
and home country governments should be prepared to have consultations
with each other, whenever the need arises, on the initiative of
either.
EMPLOYMENT
Employment promotion
13. With a view to stimulating economic growth and development,
raising living standards, meeting manpower requirements and overcoming
unemployment and underemployment, governments should declare and
pursue, as a major goal, an active policy designed to promote full,
productive and freely chosen employment <3>.
--------------------------------
<3> Convention (No. 122) and Recommendation (No. 122) concerning
Employment Policy.
14. This is particularly important in the case of host country
governments in developing areas of the world where the problems of
unemployment and underemployment are at their most serious. In this
connection, the general conclusions adopted by the Tripartite World
Conference on Employment, Income Distribution and Social Progress and
the International Division of Labour (Geneva, June 1976) should be
kept in mind <4>.
--------------------------------
<4> ILO, World Employment Conference, Geneva, 4 - 17 June 1976.
15. Paragraphs 13 and 14 above establish the framework within
which due attention should be paid, in both home and host countries,
to the employment impact of multinational enterprises.
16. Multinational enterprises, particularly when operating in
developing countries, should endeavour to increase employment
opportunities and standards, taking into account the employment
policies and objectives of the governments, as well as security of
employment and the long-term development of the enterprise.
17. Before starting operations, multinational enterprises should,
wherever appropriate, consult the competent authorities and the
national employers` and workers` organizations in order to keep their
manpower plans, as far as practicable, in harmony with national social
development policies. Such consultation, as in the case of national
enterprises, should continue between the multinational enterprises and
all parties concerned, including the workers` organizations.
18. Multinational enterprises should give priority to the
employment, occupational development, promotion and advancement of
nationals of the host country at all levels in cooperation, as
appropriate, with representatives of the workers employed by them or
of the organizations of these workers and governmental authorities.
19. Multinational enterprises, when investing in developing
countries, should have regard to the importance of using technologies
which generate employment, both directly and indirectly. To the extent
permitted by the nature of the process and the conditions prevailing
in the economic sector concerned, they should adapt technologies to
the needs and characteristics of the host countries. They should also,
where possible, take part in the development of appropriate technology
in host countries.
20. To promote employment in developing countries, in the context
of an expanding world economy, multinational enterprises, wherever
practicable, should give consideration to the conclusion of contracts
with national enterprises for the manufacture of parts and equipment,
to the use of local raw materials and to the progressive promotion of
the local processing of raw materials. Such arrangements should not be
used by multinational enterprises to avoid the responsibilities
embodied in the principles of this Declaration.
Equality of opportunity and treatment
21. All governments should pursue policies designed to promote
equality of opportunity and treatment in employment, with a view to
eliminating any discrimination based on race, colour, sex, religion,
political opinion, national extraction or social origin <5>.
--------------------------------
<5> Convention (No. 111) and Recommendation (No. 111) concerning
Discrimination in Respect of Employment and Occupation; Convention
(No. 100) and Recommendation (No. 90) concerning Equal Remuneration
for Men and Women Workers for Work of Equal Value.
22. Multinational enterprises should be guided by this general
principle throughout their operations without prejudice to the
measures envisaged in paragraph 18 or to government policies designed
to correct historical patterns of discrimination and thereby to extend
equality of opportunity and treatment in employment. Multinational
enterprises should accordingly make qualifications, skill and
experience the basis for the recruitment, placement, training and
advancement of their staff at all levels.
23. Governments should never require or encourage multinational
enterprises to discriminate on any of the grounds mentioned in
paragraph 21, and continuing guidance from governments, where
appropriate, on the avoidance of such discrimination in employment is
encouraged.
Security of employment
24. Governments should carefully study the impact of
multinational enterprises on employment in different industrial
sectors. Governments, as well as multinational enterprises themselves,
in all countries should take suitable measures to deal with the
employment and labour market impacts of the operations of
multinational enterprises.
25. Multinational enterprises equally with national enterprises,
through active manpower planning, should endeavour to provide stable
employment for their employees and should observe freely negotiated
obligations concerning employment stability and social security. In
view of the flexibility which multinational enterprises may have, they
should strive to assume a leading role in promoting security of
employment, particularly in countries where the discontinuation of
operations is likely to accentuate long-term unemployment.
26. In considering changes in operations (including those
resulting from mergers, take-overs or transfers of production) which
would have major employment effects, multinational enterprises should
provide reasonable notice of such changes to the appropriate
government authorities and representatives of the workers in their
employment and their organizations so that the implications may be
examined jointly in order to mitigate adverse effects to the greatest
possible extent. This is particularly important in the case of the
closure of an entity involving collective lay-offs or dismissals.
27. Arbitrary dismissal procedures should be avoided <6>.
--------------------------------
<6> Recommendation (No. 119) concerning Termination of Employment
at the Initiative of the Employer.
28. Governments, in cooperation with multinational as well as
national enterprises, should provide some form of income protection
for workers whose employment has been terminated <7>.
--------------------------------
<7> ibid.
TRAINING
29. Governments, in cooperation with all the parties concerned,
should develop national policies for vocational training and guidance,
closely linked with employment <8>. This is the framework within which
multinational enterprises should pursue their training policies.
--------------------------------
<8> Convention (No. 142) and Recommendation (No. 150) concerning
Vocational Guidance and Vocational Training in the Development of
Human Resources.
30. In their operations, multinational enterprises should ensure
that relevant training is provided for all levels of their employees
in the host country, as appropriate, to meet the needs of the
enterprise as well as the development policies of the country. Such
training should, to the extent possible, develop generally useful
skills and promote career opportunities. This responsibility should be
carried out, where appropriate, in cooperation with the authorities of
the country, employers` and workers` organizations and the competent
local, national or international institutions.
31. Multinational enterprises operating in developing countries
should participate, along with national enterprises, in programmes,
including special funds, encouraged by host governments and supported
by employers` and workers` organizations. These programmes should have
the aim of encouraging skill formation and development as well as
providing vocational guidance, and should be jointly administered by
the parties which support them. Wherever practicable, multinational
enterprises should make the services of skilled resource personnel
available to help in training programmes organized by governments as
part of a contribution to national development.
32. Multinational enterprises, with the cooperation of
governments and to the extent consistent with the efficient operation
of the enterprise, should afford opportunities within the enterprise
as a whole to broaden the experience of local management in suitable
fields such as industrial relations.
CONDITIONS OF WORK AND LIFE
Wages, benefits and conditions of work
33. Wages, benefits and conditions of work offered by
multinational enterprises should be not less favourable to the workers
than those offered by comparable employers in the country concerned.
34. When multinational enterprises operate in developing
countries, where comparable employers may not exist, they should
provide the best possible wages, benefits and conditions of work,
within the framework of government policies <9>. These should be
related to the economic position of the enterprise, but should be at
least adequate to satisfy basic needs of the workers and their
families. Where they provide workers with basic amenities such as
housing, medical care or food, these amenities should be of a good
standard <10>.
--------------------------------
<9> Recommendation (No. 116) concerning Reduction of Hours of
Work.
<10> Convention (No. 110) and Recommendation (No. 110) concerning
Conditions of Employment of Plantation Workers; Recommendation (No.
115) concerning Workers` Housing; Recommendation (No. 69) concerning
Medical Care; Convention (No. 130) and Recommendation (No. 134)
concerning Medical Care and Sickness Benefits.
35. Governments, especially in developing countries, should
endeavour to adopt suitable measures to ensure that lower income
groups and less developed areas benefit as much as possible from the
activities of multinational enterprises.
Minimum age
36. Multinational enterprises, as well as national enterprises,
should respect the minimum age for admission to employment or work in
order to secure the effective abolition of child labour <11>.
--------------------------------
<11> Convention No. 138, Article 1; Convention No. 182, Article
1.
Safety and health
37. Governments should ensure that both multinational and
national enterprises provide adequate safety and health standards for
their employees. Those governments which have not yet ratified the ILO
Conventions on Guarding of Machinery (No. 119), Ionising Radiation
(No. 115), Benzene (No. 136) and Occupational Cancer (No. 139) are
urged nevertheless to apply to the greatest extent possible the
principles embodied in these Conventions and in their related
Recommendations (Nos. 118, 114, 144 and 147). The codes of practice
and guides in the current list of publications on occupational safety
and health should also be taken into account <12>.
--------------------------------
<12> The ILO Conventions and Recommendations referred to are
listed in the Catalogue of ILO Publications on Occupational Safety and
Health, 1999 edn., ILO, Geneva. See also http://www.ilo.org
/public/english/protection/safework/publicat/index.htm.
38. Multinational enterprises should maintain the highest
standards of safety and health, in conformity with national
requirements, bearing in mind their relevant experience within the
enterprise as a whole, including any knowledge of special hazards.
They should also make available to the representatives of the workers
in the enterprise, and upon request, to the competent authorities and
the workers` and employers` organizations in all countries in which
they operate, information on the safety and health standards relevant
to their local operations, which they observe in other countries. In
particular, they should make known to those concerned any special
hazards and related protective measures associated with new products
and processes. They, like comparable domestic enterprises, should be
expected to play a leading role in the examination of causes of
industrial safety and health hazards and in the application of
resulting improvements within the enterprise as a whole.
39. Multinational enterprises should cooperate in the work of
international organizations concerned with the preparation and
adoption of international safety and health standards.
40. In accordance with national practice, multinational
enterprises should cooperate fully with the competent safety and
health authorities, the representatives of the workers and their
organizations, and established safety and health organizations. Where
appropriate, matters relating to safety and health should be
incorporated in agreements with the representatives of the workers and
their organizations.
INDUSTRIAL RELATIONS
41. Multinational enterprises should observe standards of
industrial relations not less favourable than those observed by
comparable employers in the country concerned.
Freedom of association and the right to organize
42. Workers employed by multinational enterprises as well as
those employed by national enterprises should, without distinction
whatsoever, have the right to establish and, subject only to the rules
of the organization concerned, to join organizations of their own
choosing without previous authorisation <13>. They should also enjoy
adequate protection against acts of anti-union discrimination in
respect of their employment <14>.
--------------------------------
<13> Convention No. 87, Article 2.
<14> Convention No. 98, Article 1(1).
43. Organizations representing multinational enterprises or the
workers in their employment should enjoy adequate protection against
any acts of interference by each other or each other`s agents or
members in their establishment, functioning or administration <15>.
--------------------------------
<15> Convention No. 98, Article 2(1).
44. Where appropriate, in the local circumstances, multinational
enterprises should support representative employers` organizations.
45. Governments, where they do not already do so, are urged to
apply the principles of Convention No. 87, Article 5, in view of the
importance, in relation to multinational enterprises, of permitting
organizations representing such enterprises or the workers in their
employment to affiliate with international organizations of employers
and workers of their own choosing.
46. Where governments of host countries offer special incentives
to attract foreign investment, these incentives should not include any
limitation of the workers` freedom of association or the right to
organize and bargain collectively.
47. Representatives of the workers in multinational enterprises
should not be hindered from meeting for consultation and exchange of
views among themselves, provided that the functioning of the
operations of the enterprise and the normal procedures which govern
relationships with representatives of the workers and their
organizations are not thereby prejudiced.
48. Governments should not restrict the entry of representatives
of employers` and workers` organizations who come from other countries
at the invitation of the local or national organizations concerned for
the purpose of consultation on matters of mutual concern, solely on
the grounds that they seek entry in that capacity.
Collective bargaining
49. Workers employed by multinational enterprises should have the
right, in accordance with national law and practice, to have
representative organizations of their own choosing recognized for the
purpose of collective bargaining.
50. Measures appropriate to national conditions should be taken,
where necessary, to encourage and promote the full development and
utilization of machinery for voluntary negotiation between employers
or employers` organizations and workers` organizations, with a view to
the regulation of terms and conditions of employment by means of
collective agreements <16>.
--------------------------------
<16> Convention No. 98, Article 4.
51. Multinational enterprises, as well as national enterprises,
should provide workers` representatives with such facilities as may be
necessary to assist in the development of effective collective
agreements <17>.
--------------------------------
<17> Convention (No. 135) concerning Protection and Facilities to
be Afforded to Workers` Representatives in the Undertaking.
52. Multinational enterprises should enable duly authorized
representatives of the workers in their employment in each of the
countries in which they operate to conduct negotiations with
representatives of management who are authorized to take decisions on
the matters under negotiation.
53. Multinational enterprises, in the context of bona fide
negotiations with the workers` representatives on conditions of
employment, or while workers are exercising the right to organize,
should not threaten to utilize a capacity to transfer the whole or
part of an operating unit from the country concerned in order to
influence unfairly those negotiations or to hinder the exercise of the
right to organize; nor should they transfer workers from affiliates in
foreign countries with a view to undermining bona fide negotiations
with the workers` representatives or the workers` exercise of their
right to organize.
54. Collective agreements should include provisions for the
settlement of disputes arising over their interpretation and
application and for ensuring mutually respected rights and
responsibilities.
55. Multinational enterprises should provide workers`
representatives with information required for meaningful negotiations
with the entity involved and, where this accords with local law and
practice, should also provide information to enable them to obtain a
true and fair view of the performance of the entity or, where
appropriate, of the enterprise as a whole <18>.
--------------------------------
<18> Recommendation (No. 129) concerning Communications between
Management and Workers within the Undertaking.
56. Governments should supply to the representatives of workers`
organizations on request, where law and practice so permit,
information on the industries in which the enterprise operates, which
would help in laying down objective criteria in the collective
bargaining process. In this context, multinational as well as national
enterprises should respond constructively to requests by governments
for relevant information on their operations.
Consultation
57. In multinational as well as in national enterprises, systems
devised by mutual agreement between employers and workers and their
representatives should provide, in accordance with national law and
practice, for regular consultation on matters of mutual concern. Such
consultation should not be a substitute for collective bargaining
<19>.
--------------------------------
<19> Recommendation (No. 94) concerning Consultation and
Co-operation between Employers and Workers at the Level of
Undertaking; Recommendation (No. 129) concerning Communications within
the Undertaking.
Examination of grievances
58. Multinational as well as national enterprises should respect
the right of the workers whom they employ to have all their grievances
processed in a manner consistent with the following provision: any
worker who, acting individually or jointly with other workers,
considers that he has grounds for a grievance should have the right to
submit such grievance without suffering any prejudice whatsoever as a
result, and to have such grievance examined pursuant to an appropriate
procedure <20>. This is particularly important whenever the
multinational enterprises operate in countries which do not abide by
the principles of ILO Conventions pertaining to freedom of
association, to the right to organize and bargain collectively and to
forced labour <21>.
--------------------------------
<20> Recommendation (No. 130) concerning the Examination of
Grievances within the Undertaking with a View to Their Settlement.
<21> Convention (No. 29) concerning Forced or Compulsory Labour;
Convention (No. 105) concerning the Abolition of Forced Labour;
Recommendation (No. 35) concerning Indirect Compulsion to Labour.
Settlement of industrial disputes
59. Multinational as well as national enterprises jointly with
the representatives and organizations of the workers whom they employ
should seek to establish voluntary conciliation machinery, appropriate
to national conditions, which may include provisions for voluntary
arbitration, to assist in the prevention and settlement of industrial
disputes between employers and workers. The voluntary conciliation
machinery should include equal representation of employers and workers
<22>.
--------------------------------
<22> Recommendation (No. 92) concerning Voluntary Conciliation
and Arbitration.
Annex
LIST
OF INTERNATIONAL LABOUR CONVENTIONS AND RECOMMENDATIONS
REFERRED TO IN THE TRIPARTITE DECLARATION OF PRINCIPLES
CONCERNING MULTINATIONAL ENTERPRISES AND SOCIAL POLICY
(Geneva, 16.XI.1977)
(As amended at the Governing Body`s of
the ILO 279th Session (Geneva, November 2000)) <23>
Conventions
No. 29 concerning Forced or Compulsory Labour, 1930
No. 87 concerning Freedom of Association and Protection of the
Right to Organise, 1948
No. 98 concerning the Application of the Principles of the Right
to Organise and to Bargain Collectively, 1949
No. 100 concerning Equal Remuneration for Men and Women Workers
for Work of Equal Value, 1951
No. 105 concerning the Abolition of Forced Labour, 1957
No. 110 concerning Conditions of Employment of Plantation
Workers, 1958
No. 111 concerning Discrimination in Respect of Employment and
Occupation, 1958
No. 115 concerning the Protection of Workers against Ionising
Radiations, 1960
No. 119 concerning the Guarding of Machinery, 1963
No. 122 concerning Employment Policy, 1964
No. 130 concerning Medical Care and Sickness Benefits, 1969
No. 135 concerning Protection and Facilities to be Afforded to
Workers` Representatives in the Undertaking, 1971
No. 136 concerning Protection against Hazards of Poisoning
arising from Benzene, 1971
No. 138 concerning Minimum Age for Admission to Employment, 1973
No. 139 concerning Prevention and Control of Occupational Hazards
caused by Carcinogenic Substances and Agents, 1974
No. 142 concerning Vocational Guidance and Vocational Training in
the Development of Human Resources, 1975
No. 182 concerning the Prohibition and Immediate Action for the
Elimination of the Worst Forms of Child Labour, 1999
--------------------------------
<23> Copies of the international labour Conventions and
Recommendations referred to in the MNE Declaration are available upon
request to ILO Publications, International Labour Office, 4, route des
Morillons, CH-1211 Geneva 22, Switzerland, or at http://www.ilo.org.
Recommendations
No. 35 concerning Indirect Compulsion to Labour, 1930
No. 69 concerning Medical Care, 1944
No. 90 concerning Equal Remuneration for Men and Women Workers
for Work of Equal Value, 1951
No. 92 concerning Voluntary Conciliation and Arbitration, 1951
No. 94 concerning Consultation and Cooperation between Employers
and Workers at the Level of the Undertaking, 1952
No. 110 concerning Conditions of Employment of Plantation
Workers, 1958
No. 111 concerning Discrimination in Respect of Employment and
Occupation, 1958
No. 114 concerning the Protection of Workers against Ionising
Radiations, 1960
No. 115 concerning Workers` Housing, 1961
No. 116 concerning Reduction of Hours of Work, 1962
No. 118 concerning the Guarding of Machinery, 1963
No. 119 concerning Termination of Employment at the Initiative of
the Employer, 1963
No. 122 concerning Employment Policy, 1964
No. 129 concerning Communications between Management and Workers
within the Undertaking, 1967
No. 130 concerning the Examination of Grievances within the
Undertaking with a View to Their Settlement, 1967
No. 134 concerning Medical Care and Sickness Benefits, 1969
No. 144 concerning Protection against Hazards of Poisoning
arising from Benzene, 197l
No. 146 concerning Minimum Age for Admission to Employment, 1973
No. 147 concerning Prevention and Control of Occupational Hazards
caused by Carcinogenic Substances and Agents, 1974
No. 150 concerning Vocational Guidance and Vocational Training in
the Development of Human Resources, 1975
No. 190 concerning the Prohibition and Immediate Action for the
Elimination of the Worst Forms of Child Labour, 1999
Addendum I
LIST
OF INTERNATIONAL LABOUR CONVENTIONS AND RECOMMENDATIONS
ADOPTED SINCE 1977 WHICH CONTAIN PROVISIONS RELEVANT TO
THE TRIPARTITE DECLARATION OF PRINCIPLES CONCERNING
MULTINATIONAL ENTERPRISES AND SOCIAL POLICY
(Geneva, November 1987)
(As amended at the Governing Body`s
of the ILO 264th Session (Geneva, November 1995)
and 279th Session (Geneva, November 2000))
A number of international labour Conventions and Recommendations
containing provisions relevant to the Declaration are referred to in
footnotes in the Declaration as well as in an Annex. These footnotes
do not affect the meaning of the provisions of the Declaration to
which they refer. They should be considered as references to relevant
instruments adopted by the International Labour Organization in the
corresponding subject areas, which have helped shape the provisions of
the Declaration.
Since the adoption of the Declaration by the Governing Body on 16
November 1977, new Conventions and Recommendations have been adopted
by the International Labour Conference. The text below is a
consolidation of the lists of Conventions and Recommendations adopted
since 1977 (including those adopted in June 1977), containing
provisions relevant to the Declaration. Like the footnotes included in
the Declaration at the time of its adoption, the new references do not
affect the meaning of the provisions of the Declaration.
In keeping with the voluntary nature of the Declaration, all of
its provisions, whether derived from ILO Conventions and
Recommendations or other sources, are recommendatory, except of course
for provisions in Conventions which are binding on the member States
which have ratified them.
LIST
OF CONVENTIONS AND RECOMMENDATIONS
ADOPTED SINCE 1977 (INCLUSIVE) WHICH CONTAIN
PROVISIONS RELEVANT TO THE DECLARATION
------------------------------------------------------------------
|Number and title of Convention |Paragraphs of the |
|and Recommendation |Declaration to which|
| |the instrument is |
| |relevant |
|-------------------------------------------|--------------------|
| Conventions | |
|-------------------------------------------|--------------------|
|No. 148 concerning the Protection of |37 |
|Workers against Occupational Hazards in the| |
|Working Environment Due to Air Pollution, | |
|Noise and Vibration, 1977 | |
|-------------------------------------------|--------------------|
|No. 154 concerning the Promotion of |9, 50 |
|Collective Bargaining, 1981 | |
|-------------------------------------------|--------------------|
|No. 155 concerning Occupational Safety and |37 |
|Health and the Working Environment, 1981 | |
|-------------------------------------------|--------------------|
|No. 156 concerning Equal Opportunities and |21 |
|Equal Treatment for Men and Women Workers: | |
|Workers with Family Responsibilities, 1981 | |
|-------------------------------------------|--------------------|
|No. 158 concerning Termination of |9, 26, 27, 28 |
|Employment at the Initiative of the | |
|Employer, 1982 | |
|-------------------------------------------|--------------------|
|No. 161 concerning Occupational Health |37 |
|Services, 1985 | |
|-------------------------------------------|--------------------|
|No. 162 concerning Safety in the Use of |37 |
|Asbestos, 1986 | |
|-------------------------------------------|--------------------|
|No. 167 concerning Safety and Health in |37 |
|Construction, 1988 | |
|-------------------------------------------|--------------------|
|No. 168 concerning Employment Promotion |13 |
|and Protection against Unemployment, 1988 | |
|-------------------------------------------|--------------------|
|No. 170 concerning Safety in the Use of |37 |
|Chemicals at Work, 1990 | |
|-------------------------------------------|--------------------|
|No. 173 concerning the Protection of |28 |
|Workers` Claims in the event of the | |
|Insolvency of their Employer, 1992 | |
|-------------------------------------------|--------------------|
|No. 174 concerning the Prevention of Major |37 |
|Industrial Accidents, 1993 | |
|-------------------------------------------|--------------------|
|No. 176 concerning Safety and Health in |37 |
|Mines, 1995 | |
|----------------------------------------------------------------|
| Recommendations |
|----------------------------------------------------------------|
|No. 156 concerning the Protection of |37 |
|Workers against Occupational Hazards in the| |
|Working Environment Due to Air Pollution, | |
|Noise and Vibration, 1977 | |
|-------------------------------------------|--------------------|
|No. 163 concerning the Promotion of |52, 55, 56 |
|Collective Bargaining, 1981 | |
|-------------------------------------------|--------------------|
|No. 164 concerning Occupational Safety and |37 |
|Health and the Working Environment, 1981 | |
|-------------------------------------------|--------------------|
|No. 165 concerning Equal Opportunities and |21 |
|Equal Treatment for Men and Women Workers: | |
|Workers with Family Responsibilities, 1981 | |
|-------------------------------------------|--------------------|
|No. 166 concerning Termination of |9, 26, 27, 28 |
|Employment at the Initiative of the | |
|Employer, 1982 | |
|-------------------------------------------|--------------------|
|No. 169 concerning Employment Policy, 1984 |9, 13 |
|-------------------------------------------|--------------------|
|No. 171 concerning Occupational Health |37 |
|Services, 1985 | |
|-------------------------------------------|--------------------|
|No. 172 concerning Safety in the Use of |37 |
|Asbestos, 1986 | |
|-------------------------------------------|--------------------|
|No. 175 concerning Safety and Health in |37 |
|Construction, 1988 | |
|-------------------------------------------|--------------------|
|No. 176 concerning Employment Promotion and|13 |
|Protection against Unemployment, 1988 | |
|-------------------------------------------|--------------------|
|No. 177 concerning Safety in the Use of |37 |
|Chemicals at Work, 1990 | |
|-------------------------------------------|--------------------|
|No. 180 concerning the Protection of |28 |
|Workers` Claims in the event of the | |
|Insolvency of their Employer, 1992 | |
|-------------------------------------------|--------------------|
|No. 181 concerning the Prevention of Major |37 |
|Industrial Accidents, 1993 | |
|-------------------------------------------|--------------------|
|No. 183 concerning Safety and Health in |37 |
|Mines, 1995 | |
------------------------------------------------------------------
Addendum II
Adopted
by the Governing Body
of the ILO at its 277th Session
of March 2000 in Geneva
The International Labour Conference adopted in June 1998 the ILO
Declaration on Fundamental Principles and Rights at Work. By this
adoption, Members renewed their commitment to respect, promote and
realize the following fundamental principles and rights at work,
namely:
(a) freedom of association and the effective recognition of the
right to collective bargaining;
(b) the elimination of all forms of forced or compulsory labour;
(c) the effective abolition of child labour; and
(d) the elimination of discrimination in respect of employment
and occupation.
The ILO Declaration on Fundamental Principles and Rights at Work
applies to all Members. Nevertheless, the contribution of
multinational enterprises to its implementation can prove an important
element in the attainment of its objectives. In this context, the
interpretation and application of the Tripartite Declaration of
Principles concerning Multinational Enterprises and Social Policy
should fully take into account the objectives of the ILO Declaration
on Fundamental Principles and Rights at Work. This reference does not
in any way affect the voluntary character or the meaning of the
provisions of the Tripartite Declaration of Principles concerning
Multinational Enterprises and Social Policy.Страницы: 1 2 |