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17 May 2012 1

PRESENTATION TO THE PARLIAMENTARY PORTFOLIO

COMMITTEE BY

THE DEPARTMENT OF LABOUR

INTERNATIONAL LABOUR ORGANISATION (ILO) CONVENTIONS

RATIFIED BY SOUTH AFRICA

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OVERVIEW OF THE PRESENTATIONOVERVIEW OF THE PRESENTATION

• South Africa has ratified 23 ILO Conventions of which 20 are active.

The Presentation will be divided into four parts:1. Part one – a brief discussion on what is meant by International

Labour Standards and its Reporting obligations. 2. Part two - we will address what is considered by the ILO as

Fundamental and Governance Conventions.3. Part three - will look at what is considered Technical Conventions.4. Part four – we will indicate what Conventions are being

considered for possible Ratification. 5. Lastly - Conventions not yet ratified by South Africa

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• International labour standards are legal instruments adopted by the ILO’s constituents (governments, employers and workers) setting out basic principles and rights at work.

• They are either conventions, which are legally binding international treaties that may be ratified by member states, or recommendations, which serve as non-binding guidelines.

• A convention lays down the basic principles to be implemented by ratifying countries, while a related recommendation supplements the convention by providing more detailed guidelines on how it could be applied.

WHAT IS MEANT BY INTERNATIONAL WHAT IS MEANT BY INTERNATIONAL LABOUR STANDARDSLABOUR STANDARDS

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•Conventions and Recommendations are drawn up by representatives of governments, employers and workers and are adopted at the ILO's annual International Labour Conference. Once a standard is adopted, member states are required under the ILO Constitution to submit them to their competent authority (normally the parliament) for consideration. In the case of conventions, this means consideration for ratification. If it is ratified, a convention generally comes into force for that country one year after the date of ratification. Ratifying countries commit themselves to applying the convention in national law and practice and reporting on its application at regular intervals.

•Members are required to report on the 8 Core and the 4 Governance Conventions every 3 years. All other Conventions (what is termed technical Conventions) every 5 years depending on the date of ratification.

The following attachment outlines the process of adoption of an international standard

ILO REPORTING OBLIGATIONSILO REPORTING OBLIGATIONS

HOW AN INTERNATIONAL LABOUR STANDARD IS ADOPTED

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PROBLEM IS IDENTIFIED

GOVERNING BODY PUTS TOPIC ON

AGENDA OF INTERNATIONAL

LABOUR CONFERENCE

OFFICE PREPARES LAW AND PRACTICE REPORT WITH QUESTIONNAIRE

ON CONTENT OF POSSIBLE NEW INSTRUMENT

REPORT SENT TO GOVERNMENTS,E MPLOYERS AND WORKERS FOR

COMMENT

OFFICE ANALYZES COMMENTS AND

PREPARES PROPOSED

CONCLUSIONS

OFFICE PREPARES REPORT WITH SUMMARY OF

DISCUSSION AND DRAFT

INSTRUMENT

REPORT SENT TO GOVERNMENTS,EMPLOYERS AND WORKERS FOR

COMMENT

OFFICE PREPARES REVISED DRAFT OF INSTRUMENT

INSTRUMENT IS ADOPTED BY THE

CONFERENCE WITH A 2/3 –

MAJORITY VOTE

E G WFIRST DISCUSSION OF PROPOSED CONCLUSIONS AT THE CONFERENCE

E G WSECOND DISCUSSION OF DRAFT INSTRUMENT AT THE CONFERENCE

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•Article 22 of the ILO ConstitutionEach of the Members agrees to make an annual report to the International Labour Office on the measures which it has taken to give effect to the provisions of Conventions to which it is a party. These reports shall be made in such form and shall contain such particulars as the Governing Body may request.

For the period 2012, South Africa is obliged to prepare and submit the following reports under Article 22 of the ILO Constitution.1.Minimum Wage-Fixing Machinery Convention, 1928 (No. 26)2.Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87)3.Right to Organize and Collective Bargaining Convention, 1949 (No. 98)


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•Article 19 of the ILO ConstitutionIf the Member does not obtain the consent of the authority within whose competence the matter lies, no further obligation shall rest upon the Member except that it shall report to the Director-General of the International Labour Office, at appropriate intervals as requested by the Governing Body, the position of its law and practice in regard to the matters dealt with in the Convention, showing the extent to which effect has been given, or is proposed to be given, to any of the provisions of the Convention by legislation, administrative action or collective agreement.

For the period 2012, South Africa was requested to finalise a questionnaire, on the Conventions below, under Article 19 of the ILO Constitution.1.Labour Relations (Public Service) Convention, 1978 (No. 151)2.Labour Relations (Public Service) Recommendation, 1978 (No. 159)3.Collective Bargaining Convention,1981 (No. 154)4.Collective Bargaining Recommendation,1981 (No. 163)


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ILO FUNDAMENTAL CONVENTIONS ILO FUNDAMENTAL CONVENTIONS

The ILO’s Governing Body has identified eight conventions as “fundamental”, covering subjects that are considered as fundamental principles and rights at work and they are:

1. Freedom of Association and Protection of the Right to Organize Convention, 1948 (No. 87) – Ratified by South Africa on 19/06/1996Workers and employers organizations shall organize freely and they shall have theright to establish and join federations and confederations, which may in turn affiliate with international organizations of workers and employers.

2. Right to Organise and Collective Bargaining Convention, 1949 (No.98) – Ratified by South Africa on 19/02/1996This fundamental convention provides that workers shall enjoy adequate protection against acts of anti-union discrimination, including requirement that a worker not join a union or relinquish trade union membership for employment, or dismissal of a worker because of union membership or participation in union activities.

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ILO FUNDAMENTAL CONVENTIONS ILO FUNDAMENTAL CONVENTIONS Cont.Cont.

3. Forced Labour Convention, 1930 (No. 29) - Ratified by South Africa on 05/03/1997This fundamental convention prohibits all forms of forced or compulsory labour, which is defined as “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.”

4. Abolition of Forced Labour Convention, 1957 (No. 105) - Ratified by South Africa on 05/03/1997This fundamental convention prohibits forced or compulsory labour as a means of political coercion or education or as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system; as a method of mobilizing and using labour for purposes of economic development; as a means of labour discipline; as a punishment for having participated in strikes; and as a means of racial, social, national or religious discrimination.

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5. Minimum Age Convention, 1973 (No. 138)- Ratified by South Africa on 30/03/2000This fundamental convention sets the general minimum age for admission to employment or work at not less than the age of completion of compulsory schooling but not less than15 years (13-15 for light work) and the minimum age for hazardous work at 18 (16 under certain strict conditions).

6. Worst Forms of Child Labour Convention, 1999 (No. 182)- Ratified by South Africa on 07/06/2000 This fundamental convention defines as a “child” a person under 18 years of age. It requires ratifying states to eliminate the worst forms of child labour, including all forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom and forced or compulsory labour, including forced or compulsory recruitment of children for use in armed conflict; child prostitution and pornography; using children for illicit activities, in particular for the production and trafficking of drugs; and work which is likely to harm the health, safety or morals of children.

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7. Equal Remuneration Convention, 1951 (No. 100) – Ratified by South Africa on 30/03/2000This fundamental convention requires ratifying countries to ensure the application of the principle of equal remuneration for men and women workers for work of equal value.

8. Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Ratified by South Africa on 30/03/2000This fundamental convention defines discrimination as any distinction, exclusion or preference made on the basis of race, colour, sex, religion, political opinion, national extraction or social origin, which has the effect of nullifying or impairing equality of opportunity or treatment in employment or occupation.

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ILO ILO PRIORITY PRIORITY CONVENTIONSCONVENTIONS

The Governing Body of the International Labour Organisation (ILO) has designed another four (4) Conventions as Governance “Priority” instruments, thereby encouraging member states to ratify them because of their importance to the functioning of the international labour standards system.

The four Priority Conventions are:1. Labour Inspection Convention, 1947 (No. 81)2. Labour Inspection (Agriculture) Convention, 1969 (No. 129)3. Tripartite Consultation (International Labour Standards) Convention,

1976 (No. 144)4. Employment Policy Convention, 1964 (No. 122)

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In terms of the above South Africa has ratified the Tripartite Consultation Convention (No. 144) on 18/02/2003

This Priority Convention sets forth the meaning of “representative organisations” of employers and workers and requires ratifying states to operate procedures that ensure effective consultation between representatives of the government, of employers and of workers on matters regarding items on the agenda of the International Labour Conference.

FOR RATIFICATION:South Africa is further considering the ratification of the following Priority Conventions. These Conventions are currently being discussed at NEDLAC.

1. Labour Inspection Convention, 1947 (No. 81)NEDLAC has indicated that the social partners agreed to the ratification of Convention 81

2. Labour Inspection (Agriculture) Convention, 1969 (No. 129)

ILO ILO PRIORITY PRIORITY CONVENTIONS Cont.CONVENTIONS Cont.

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• Workmen’s Compensation (Occupational Diseases) Convention (Revised), 1934 (No. 42) – Ratified by South Africa on 26/02/1952Each Member of the ILO which ratifies this Convention undertakes to provide that compensation shall be payable to workmen incapacitated by occupational diseases, or, in case of death from such diseases, to their dependants, in accordance with the general principles of the national legislation relating to compensation for industrial accidents.

• Underground Work (Women) Convention, 1935 (No. 45) - Ratified by South Africa on 25/06/1936For the purpose of this convention, the term mine includes any undertaking, whether public or private, for the extraction of any substance from under the surface of the earth. The convention provides that No female, whatever her age, shall be employed on underground work in any mine. National laws or regulations may exempt from the above prohibition: (a) females holding positions of management who do not perform manual work; (b) females employed in health and welfare services; (c) females who, in the course of their studies, spend a period of training in the underground parts of a mine; and (d) any other females who may occasionally have to enter the underground parts of a mine for the purpose of a non-manual occupation.

ILO TECHNICAL CONVENTIONSILO TECHNICAL CONVENTIONS

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• Statistics of Wages and Hours of Work Convention, 1938 (No. 63)- Ratified by South Africa on 08/08/1939

Each Member of the ILO which ratifies this Convention undertakes that: (a) it will compile as required by this Convention statistics relating to wages and hours of work; (b) it will publish the data compiled in pursuance of this Convention as promptly as possible and will endeavour to publish data collected at quarterly or more frequent intervals during the succeeding quarter and to publish data collected at intervals of six or twelve months during the succeeding six or twelve months respectively; and (c) it will communicate the data compiled in pursuance of this Convention to the International Labour Office at the earliest possible date.

• Final Articles Revision Convention, 1946 (No. 80) – Ratified by South Africa on 19/06/1947 No reporting obligation


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• Night Work (Women) Convention (Revised), 1948 (No. 89) - Ratified by South Africa on 02/03/1950For the purpose of this convention the term night signifies a period of at least eleven consecutive hours, including an interval prescribed by the competent authority of at least seven consecutive hours falling between ten o'clock in the evening and seven o'clock in the morning; the competent authority may prescribe different intervals for different areas, industries, undertakings or branches of industries or undertakings, but shall consult the employers' and workers' organisations concerned before prescribing an interval beginning after eleven o'clock in the evening.

• Unemployment Convention, 1919 (No. 2) - Ratified by South Africa on 20/02/1924Each Member shall establish a system of free public employment agencies under the control of a central authority. Committees, which shall include representatives of employers and of workers, shall be appointed to advise on matters concerning the carrying on of these agencies. Where both public and private free employment agencies exist, steps shall be taken to co-ordinate the operations of such agencies on a national scale.


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• Night Work (Women) Convention, 1919 (No. 4) - Ratified by South Africa on 01/11/1921Automatic denunciation by ratification of Convention No. 89

• Night Work (Women) Convention (Revised), 1934 (No. 41) - Ratified by South Africa on 28/05/1935Automatic denunciation by ratification of Convention No. 89

• Equality of Treatment (Accident Compensation) Convention, 1925 (No. 19) - Ratified by South Africa on 30/03/1926Each Member which ratifies this Convention undertakes to grant to the nationals of any other Member which shall have ratified the Convention, who suffer personal injury due to industrial accidents happening in its territory, or to their dependants, the same treatment in respect of workmen's compensation as it grants to its own nationals.


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• Marking of Weight (Packages transported by vessels) Convention, 1929 (No. 27) – Ratified by South Africa on 21/02/1933Ratification by South AFrica was conditional. Ratification does not take effect unless Great Britain, Germany, France and Italy ratifies. Great Britain has not ratified to date.

• Final Articles Revision Convention, 1961 (No. 116) - Ratified by South Africa on 09/08/1963No reporting obligation

• Safety and Health in Mines Convention, 1995 (No. 176) - Ratified by South Africa on 09/06/2000This instrument regulates the various aspects of safety and health characteristics for work in mines, including inspection, special working devices, and special protective equipment of workers. It also prescribes requirements relating to mines in rescue.


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• Occupational Safety and Health Convention, 1981 (No. 155) – Ratified by South Africa on 18/02/2003This convention provides for the adoption of a coherent national occupational safety and health policy, as well as action to be taken by governments and within enterprises to promote occupational safety and health and to improve working conditions.

• Minimum Wage Fixing Machinery Convention, 1928 (No. 26) - Ratified by South Africa on 28/12/1932Each Member which ratifies this Convention undertakes to create or maintain machinery whereby minimum rates of wages can be fixed for workers employed in certain of the trades or parts of trades (and in particular in home working trades) in which no arrangements exist for the effective regulation of wages by collective agreement or otherwise and wages are exceptionally low.


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The following ILO Conventions are currently being discussed at NEDLAC with the view to Ratification.

• Maritime Labour Convention, 2006• Work in Fishing Convention, 2007, (No. 188)

• Domestic Workers Convention, 2011 (No. 189)The Labour Constituency has agreed to the ratificaiton of the Convention on Domestic Workers. The Business Constituency has agreed to provide their feedback on 15 May 2012.

CONVENTIONS AT NEDLACCONVENTIONS AT NEDLAC

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The following Conventions are being considered for Ratification at a later stage.

• Employment Policy Convention, 1964 (No. 122)• Social Security (Minimum Standards) Convention, 1952 (No. 102)

CONVENTIONS CONSIDERED CONVENTIONS CONSIDERED FOR RATIFICATIONFOR RATIFICATION

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CONVENTIONS NOT RATIFIED CONVENTIONS NOT RATIFIED BY SOUTH AFRICABY SOUTH AFRICA

1. Weekly Rest (Industry Convention, 1921 (No.14)2. Medical Examination of Young Persons

Convention, 1946 (No. 77)3. Medical Examination of Young Persons (Non-

Industrial Occupations Convention, (No. 78)4. Labour Clauses (Public Contracts) Convention,

1949 (No. 94)5. Protection of Wages Convention, 1949 (No. 95)6. Migration for Employment Convention (Revised),

1949 (No. 97)7. Social Security (Minimum Standards)

Convention, 1952 (No. 102)8. Weekly Rest (Commerce and Office)

Convention, 1957 (No. 106)9. Plantations Convention, 1958 (No. 110)10. Radiation Protection Convention, 1960 (No. 115)11. Equality of Treatment (Social Security)

Convention, 1962 (No. 118)12. Hygiene (Commerce and Offices) Convention,

1964 (No. 120)13. Employment Injury Benefits Convention, 1964

(No. 121)

14. Medical Examination of Young Persons (Underground Work) Convention, 1965 (No. 124)

15. Invalidity, Old-Age and Survivors Benefits Conventions

16. Medical Care and Sickness Benefits Convention, 1969 (No. 130)

17. Minimum Wage Fixing Convention, 1970 (No. 131)

18. Workers’ Representatives Convention, 1971 (No. 135)

19. Occupational Cancer Convention, 1974 (No. 139)

20. Paid Educational Leave Convention, 1974 (No. 140)

21. Rural Workers’ Organisations Convention, 1975 (No. 141)

22. Human Resources Development Convention, 1975 (No. 142)

23. Migrant Workers (supplementary Provisions) Convention, 1975 (No. 143)

24. Continuity of Employment (Seafarers ) Convention, 1976 (No. 145)

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25. Seafarers’ Annual Leave with Pay Convention , 1976 (No. 146)

26. Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147)

27. Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148)

28. Nursing Personnel Convention, 1977 (No. 149)29. Labour Administration Convention, 1978 (No.

150)30. Labour Relations (Public Service) Convention,

1978 (No. 151)31. Occupational Safety and Health (Dock Work)

Convention, 1979 (No. 152)32. Collective Bargaining Convention, 1981 (No.

154)33. Workers with Family Responsibility Convention,

1981 (No. 156) 34. Maintenance of Social Security Rights

Convention, 1982 (No. 157)35. Vocational Rehabilitation and Employment

(Disabled Persons) Convention, 1983 (No. 159)

36. Labour Statistics Convention, 1985 (No. 160)37. Occupational Health and Services Convention,

1985 (No. 161)38. Asbestos Convention, 1986 (No. 162)39. Seafarers’ Welfare Convention, 1987 (No. 163)40. Health Protection and Medical Care (Seafarers)

Convention, 1987 (No. 16441. Social Security (Seafarers) Convention

(Revised), 1987 (No. 165)42. Repatriation of Seafarers Convention (Revised),

1987 (No. 166)43. Safety and Health in Construction Convention,

1988 (No. 167) 44. Employment Promotion and Protection against

Unemployment Convention, 1988 (No. 168)45. Indigenous and Tribal Peoples Convention, 1989

(No. 169)46. Chemicals Convention, 1990 (No. 170)47. Night Work Convention, 1990 (No. 171)48. Working Conditions (Hotels and Restaurants)

Convention, (No. 172)

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49. Protection of Workers’ Claims (Employers’ Insolvency )Convention, 1992 (No. 173)

50. Prevention of Major Industrial Accidents Convention, 1993 (No. 174)

51. Part-time Work Convention, 1994 (No. 175)52. Home Work Convention, 1996 (No. 177)53. Labour Inspection (Seafarers) Convention, 1996

(No. 178)54. Recruitment and Placement of Seafarer s

Convention, 1996 (No. 179)55. Seafarers’ Hours of Work and the Manning of

Ships Convention, 1996 (No. 180)56. Private Employment Agencies Convention, 1997

(No. 181)57. Maternity Protection Convention, 2000 (No. 183)58. Safety and Health in Agriculture Convention,

2001 (No. 184)59. Seafarers’ Identity Documents Conventio n

(Revised), 2003 (No. 185)60. Promotional Framework for Occupational Safety

and Health Convention, 2006 (No. 187)


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Thank youThank you