MINISTRY OF EMPLOYMENT AND HUMAN RESOURCES DEVELOPMENT AIDE MEMOIRE ILO CONVENTIONS RATIFIED BY THE GOVERNMENT OF SEYCHELLES INTERNATIONAL COOPERATION UNIT December 2009 General framework When the ILO was established in 1919, the primary focus was to set International Labour Standards (ILS) in order to improve the working conditions and social well-being of workers worldwide. International Labour Standards have grown into a comprehensive system of instruments on work, employment and social protection, backed by a supervisory system designed to address problems in their application at the national level. These instruments are the legal component of ILO strategy for governing globalization, promoting sustainable development, reducing poverty and ensuring that people can work in dignity and safety. International Labour Standards include international labour Conventions and Recommendations. Hence, in this aide memoire, Conventions are referred to as standards. Conventions have the legal status of international treaties. Their adoption requires a two-thirds majority of the International Labour Conference delegates. Once adopted, a Convention must be submitted for consideration to the competent authorities of each ILO Member State. The ratification of a Convention involves a commitment by the Member State to render its provisions effective within its national legal system and provide information to relevant ILO supervisory mechanisms. At the request of ILO Governing Body, member States must report on the state of their law and practice within the area covered by a Convention, whether it has been ratified or not. Recommendations supplement Conventions with additional or more detailed provisions, enabling the underlying principles of Conventions to be set out and stated more precisely. Recommendations do not have the binding force of Conventions and are not subject to ratification by member States. Some International Labour Standards, referred to as core labour standards, deal with four fundamental rights and principles at work enshrined in the 1998 ILO Declaration on Fundamental Principles and Rights at Work: o Freedom of association and the effective recognition of the right to collective bargaining o Elimination of all forms of forced or compulsory labour o Effective abolition of child labour o Elimination of discrimination in respect of employment and occupation Executive summary Seychelles became a member of the International Labour Organization in 1977. Its first series of ratification of ILO Conventions was in 1978, which then slightly decreased in the 1990s, followed by its more recent ratifications early and mid 2000s. By taking into account the importance of International Labour Standards, Seychelles has ratified thirty six ILO Conventions, of which include the eight ILO Core Conventions. Amongst the thirty six Conventions ratified, five of them concerning “Minimum Age” were denounced by the ILO in the year 2000 on the grounds that these five Conventions were limited to economic sectors. The ILO felt that it was more appropriate to establish a general instrument which would gradually replace the existing ones, with a view to achieve the total abolition of child labour. As a result, only the general Minimum age Convention of 1973 is in force of which Seychelles ratified in the year 2000. In this regard, only thirty one out of the thirty six ILO Conventions ratified by Seychelles are in force today. However, out of the thirty one Conventions in force, three of them have been shelved by the ILO. Hence, this aide memoire gives a summarize report only on twenty eight ILO Conventions ratified by Seychelles. The memoire highlights more particularly, the purpose of the Conventions, the terms of their articles, which are referred to as provisions and most importantly it states Seychelles’ main obligations upon ratifying the Conventions. This document also puts forth the recent Private employment agency Convention of 1997 for consideration for a possible future ratification by Seychelles, taking into account that there are now three private employment agencies which have been set up in the country. Table of contents List of ILO conventions ratified by the Government of Seychelles 1 List of all the ILO International Conventions 3 1. Unemployment Convention (N. 02), 1919 9 2. Unemployment indemnity (shipwreck) Convention (N. 08), 1920 10 3. Right of association (agriculture) Convention (N. 11), 1921 11 4. Medical examination of young persons (sea) Convention (N. 16), 1921 11 5. Seamen’s article of agreement Convention (N. 22), 1926 12 6. Minimum wage-fixing machinery Convention (N.26), 1928 14 7. Forced labour Convention (N. 29), 1930 15 8. Recruiting of indigenous workers Convention (N. 50), 1936 17 9. Contracts of employment (indigenous workers) Convention (N. 64), 1939 17 10. Penal sanction (indigenous workers) Convention (N. 65), 1939 17 11. Medical examinations (seafarers) Convention (N. 73), 1946 17 12. Labour inspection Convention (N. 81 ), 1947 19 13. Freedom of association and protection of the right to organise Convention (N. 87), 1948 20 14. Right to organize and collective bargaining Convention (N. 98), 1949 21 15. Minimum wage-fixing machinery (agriculture) Convention (N. 99), 1951 22 16. Equal remuneration Convention (N. 100), 1951 24 17. Abolition of forced labour Convention (N. 105), 1957 25 18. Seafarers’ identity documents Convention (N. 108), 1958 26 19. Discrimination (employment and occupation) Convention (N. 111), 1958 27 20. Minimum age Convention (C138), 1973 28 21. Tripartite Consultation Convention (N. 144), 1976 29 22. Merchant shipping (minimum standards) Convention (N. 147), 1976 30 23. Working environment (air pollution, noise and vibration) Convention (N. 148), 1977 31 24. Nursing personnel Convention (N. 149), 1977 33 25. Labour administration Convention (N. 150), 1978 34 26. Labour relations (public service) Convention (N. 151), 1978 36 27. Occupational safety and health (dockwork) Convention (N. 152), 1979 37 28. Occupation safety and health Convention (N. 155), 1981 39 29. Occupational health services Convention (N. 161), 1981 40 30. Seafarers’ hours of work and the manning of ships Convention (N. 180), 1996 42 31. Worst forms of child labour Convention (N. 182), 1999 43 Convention for Consideration 45 Source 48 For further reference 48 List of ILO conventions ratified by the Government of Seychelles (Source: ILOLEX - 9. 12. 2009) Convention Ratification date Status C2 Unemployment Convention, 1919 06:02:1978 ratified C5 Minimum Age (Industry) Convention, 1919 06:02:1978 denounced on 07:03:2000** C7 Minimum Age (Sea) Convention, 1920 06:02:1978 denounced on 07:03:2000 C8 Unemployment Indemnity (Shipwreck) Convention, 1920 06:02:1978 ratified C10 Minimum Age (Agriculture) Convention, 1921 06:02:1978 denounced on 07:03:2000 C11 Right of Association (Agriculture) Convention, 1921 06:02:1978 ratified C15 Minimum Age (Trimmers and Stokers) Convention, 1921 06:02:1978 denounced on 07:03:2000 C16 Medical Examination of Young Persons (Sea) Convention, 1921 06:02:1978 ratified C22 Seamen's Articles of Agreement Convention, 1926 28:10:2005 ratified C26 Minimum Wage-Fixing Machinery Convention, 1928 06:02:1978 ratified C29 Forced Labour Convention, 1930 06:02:1978 ratified** C50 Recruiting of Indigenous Workers Convention, 1936 06:02:1978 ratified* C58 Minimum Age (Sea) Convention (Revised), 1936 06:02:1978 denounced on 07:03:2000 C64 Contracts of Employment (Indigenous Workers) Convention, 1939 06:02:1978 ratified* C65 Penal Sanctions (Indigenous Workers) Convention, 1939 06:02:1978 ratified* C73 Medical Examination (Seafarers) Convention, 1946 28:10:2005 ratified C81 Labour Inspection Convention, 1947 28:10:2005 ratified C87 Freedom of Association and Protection of the Right to Organise Convention, 1948 06:02:1978 ratified** C98 Right to Organise and Collective Bargaining Convention, 1949 04:10:1999 ratified** Aide Memoire ILO Conventions ratified by the Government of Seychelles 1 C99 Minimum Wage Fixing Machinery (Agriculture) Convention, 1951 06:02:1978 ratified C100 Equal Remuneration Convention, 1951 23:11:1999 ratified** C105 Abolition of Forced Labour Convention, 1957 06:02:1978 ratified** C108 Seafarers' Identity Documents Convention, 1958 06:02:1978 ratified C111 Discrimination (Employment and Occupation) Convention, 1958 23:11:1999 ratified** C138 Minimum Age Convention, 1973 07:03:2000 ratified** C144 Tripartite Consultation (International Labour Standards) Convention, 1976 28:10:2005 ratified C147 Merchant Shipping (Minimum Standards) Convention, 1976 28:10:2005 ratified C148 Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 23:11:1999 ratified C149 Nursing Personnel Convention, 1977 12:10:1993 ratified C150 Labour Administration Convention, 1978 23:11:1999 ratified C151 Labour Relations (Public Service) Convention, 1978 23:11:1999 ratified C152 Occupational Safety and Health (Dock Work) Convention, 1979 28:10:2005 ratified C155 Occupational Safety and Health Convention, 1981 28:10:2005 ratified C161 Occupational Health Services Convention, 1985 28:10:2005 ratified C180 Seafarers' Hours of Work and the Manning of Ships Convention, 1996 28:10:2005 ratified C182 Worst Forms of Child Labour Convention, 1999 28:09:1999 Ratified** Ratified: 31 Conditional ratification: 0 Declared applicable: 0 Denounced: 5 *Shelved (put on hold or cancel): 3 **Core Conventions of the ILO: 8 Aide Memoire ILO Conventions ratified by the Government of Seychelles 2 List of all the ILO International Conventions C1 Hours of Work (Industry) Convention, 1919 C2Unemployment Convention, 1919 C3Maternity Protection Convention, 1919 (C4)Night Work (Women) Convention, 1919 C5Minimum Age (Industry) Convention, 1919 C6 Night Work of Young Persons (Industry) Convention, 1919 C7 Minimum Age (Sea) Convention, 1920 C8 Unemployment Indemnity (Shipwreck) Convention, 1920 C9 Placing of Seamen Convention, 1920 C10Minimum Age (Agriculture) Convention, 1921 C11Right of Association (Agriculture) Convention, 1921 C12Workmen's Compensation (Agriculture) Convention, 1921 C13 White Lead (Painting) Convention, 1921 C14Weekly Rest (Industry) Convention, 1921 (C15) Minimum Age (Trimmers and Stokers) Convention, 1921 C16Medical Examination of Young Persons (Sea) Convention, 1921 C17 Workmen's Compensation (Accidents) Convention, 1925 C18Workmen's Compensation (Occupational Diseases) Convention, 1925 C19Equality of Treatment (Accident Compensation) Convention, 1925 (C20)Night Work (Bakeries) Convention, 1925 (C21)Inspection of Emigrants Convention, 1926 C22Seamen's Articles of Agreement Convention, 1926 C23Repatriation of Seamen Convention, 1926 C24Sickness Insurance (Industry) Convention, 1927 C25Sickness Insurance (Agriculture) Convention, 1927 C26Minimum Wage-Fixing Machinery Convention, 1928 C27Marking of Weight (Packages Transported by Vessels) Convention, 1929 (C28)Protection against Accidents (Dockers) Convention, 1929 C29Forced Labour Convention, 1930 C30Hours of Work (Commerce and Offices) Convention, 1930 (C31)Hours of Work (Coal Mines) Convention, 1931 C32Protection against Accidents (Dockers) Convention (Revised), 1932 C33Minimum Age (Non-Industrial Employment) Convention, 1932 Aide Memoire ILO Conventions ratified by the Government of Seychelles 3 (C34)Fee-Charging Employment Agencies Convention, 1933 (C35)Old-Age Insurance (Industry, etc.) Convention, 1933 (C36)Old-Age Insurance (Agriculture) Convention, 1933 (C37)Invalidity Insurance (Industry, etc.) Convention, 1933 (C38)Invalidity Insurance (Agriculture) Convention, 1933 (C39)Survivors' Insurance (Industry, etc.) Convention, 1933 (C40)Survivors' Insurance (Agriculture) Convention, 1933 (C41)Night Work (Women) Convention (Revised), 1934 C42Workmen's Compensation (Occupational Diseases) Convention (Revised), 1934 (C43)Sheet-Glass Works Convention, 1934 (C44)Unemployment Provision Convention, 1934 C45Underground Work (Women) Convention, 1935 (C46)Hours of Work (Coal Mines) Convention (Revised), 1935 C47Forty-Hour Week Convention, 1935 (C48)Maintenance of Migrants' Pension Rights Convention, 1935 (C49)Reduction of Hours of Work (Glass-Bottle Works) Convention, 1935 (C50) Recruiting of Indigenous Workers Convention, 1936 (C51) Reduction of Hours of Work (Public Works) Convention, 1936 C52 Holidays with Pay Convention, 1936 C53 Officers' Competency Certificates Convention, 1936 C54 Holidays with Pay (Sea) Convention, 1936 C55 Shipowners' Liability (Sick and Injured Seamen) Convention, 1936 C56 Sickness Insurance (Sea) Convention, 1936 C57 Hours of Work and Manning (Sea) Convention, 1936 C58 Minimum Age (Sea) Convention (Revised), 1936 C59 Minimum Age (Industry) Convention (Revised), 1937 (C60) (C61) Minimum Age (Non-Industrial Employment) Convention (Revised), 1937 Reduction of Hours of Work (Textiles) Convention, 1937 C62 Safety Provisions (Building) Convention, 1937 C63 Convention concerning Statistics of Wages and Hours of Work, 1938 (C64) Contracts of Employment (Indigenous Workers) Convention, 1939 (C65) Penal Sanctions (Indigenous Workers) Convention, 1939 (C66) Migration for Employment Convention, 1939 (C67) Hours of Work and Rest Periods (Road Transport) Convention, 1939 C68 Food and Catering (Ships' Crews) Convention, 1946 Aide Memoire ILO Conventions ratified by the Government of Seychelles 4 C69 Certification of Ships' Cooks) Convention, 1946 C70 Social Security (Seafarers) Convention, 1946 C71 Seafarers' Pensions Convention, 1946 C72 Paid Vacations (Seafarers) Convention, 1946 C73 Medical Examination (Seafarers Convention, 1946 C74 Certification of Able Seamen Convention, 1946 C75 Accommodation of Crews Convention, 1946 C76 Wages, Hours of Work and Manning (Sea) Convention, 1946 C77 Medical Examination of Young Persons (Industry) Convention, 1946 C78 Medical Examination of Young Persons (Non-Industrial Occupations) Convention, 1946 C79 Night Work of Young Persons (Non-Industrial Occupations) Convention, 1946 C80 Final Articles Revision Convention, 1946 C81 Labour Inspection Convention, 1947 P81 Protocol of 1995 to the Labour Inspection Convention, 1947 C82 Social Policy (Non-Metropolitan Territories) Convention, 1947 C83 Labour Standards (Non-Metropolitan Territories) Convention, 1947 C84 Right of Association (Non-Metropolitan Territories) Convention, 1947 C85 Labour Inspectorates (Non-Metropolitan Territories) Convention, 1947 (C86) Contracts of Employment (Indigenous Workers) Convention, 1947 C87 Freedom of Association and Protection of the Right to Organise Convention, 1948 C88 Employment Service Convention, 1948 C89 Night Work (Women) Convention (Revised), 1948 P89 Protocol to the Night Work (Women) Convention (Revised), 1948 C90 Night Work of Young Persons (Industry) Convention (Revised), 1948 (C91) Paid Vacations (Seafarers) Convention (Revised), 1949 C92 Accommodation of Crews Convention (Revised), 1949 C93 Wages, Hours of Work and Manning (Sea) Convention (Revised), 1949 C94 Labour Clauses (Public Contracts) Convention, 1949 C95 Protection of Wages Convention, 1949 C96 Fee-Charging Employment Agencies Convention (Revised), 1949 C97 Migration for Employment Convention (Revised), 1949 C98 Right to Organise and Collective Bargaining Convention, 1949 C99 Minimum Wage Fixing Machinery (Agriculture) Convention, 1951 C100 Equal Remuneration Convention, 1951 C101 Holidays with Pay (Agriculture) Convention, 1952 Aide Memoire ILO Conventions ratified by the Government of Seychelles 5 C102 Social Security (Minimum Standards) Convention, 1952 C103 Maternity Protection Convention (Revised), 1952 (C104) Abolition of Penal Sanctions (Indigenous Workers) Convention, 1955 C105 Abolition of Forced Labour Convention, 1957 C106 Weekly Rest (Commerce and Offices) Convention, 1957 C107 Indigenous and Tribal Populations Convention, 1957 C108 Seafarers' Identity Documents Convention, 1958 C109 Wages, Hours of Work and Manning (Sea) Convention (Revised), 1958 C110 Plantations Convention, 1958 C111 Discrimination (Employment and Occupation) Convention, 1958 C112 Minimum Age (Fishermen) Convention, 1959 C113 Medical Examination (Fishermen) Convention, 1959 C114 Fishermen's Articles of Agreement Convention, 1959 C115 Radiation Protection Convention, 1960 C116 Final Articles Revision Convention, 1961 C117 Social Policy (Basic Aims and Standards) Convention, 1962 C118 Equality of Treatment (Social Security Convention, 1962 C119 Guarding of Machinery Convention, 1963 C120 Hygiene (Commerce and Offices) Convention, 1964 C121 Employment Injury Benefits Convention, 1964 C122 Employment Policy Convention, 1964 C123 Minimum Age (Underground Work) Convention, 1965 C124 Medical Examination of Young Persons (Underground Work) Convention, 1965 C125 Fishermen's Competency Certificates Convention, 1966 C126 Accommodation of Crews (Fishermen) Convention, 1966 C127 Maximum Weight Convention, 1967 C128 Invalidity, Old-Age and Survivors' Benefits Convention, 1967 C129 Labour Inspection (Agriculture) Convention, 1969 C130 Medical Care and Sickness Benefits Convention, 1969 C131 Minimum Wage Fixing Convention, 1970 C132 Holidays with Pay Convention (Revised), 1970 C133 Accommodation of Crews (Supplementary Provisions) Convention, 1970 C134 Prevention of Accidents (Seafarers) Convention, 1970 C135 Workers' Representatives Convention, 1971 C136 Benzene Convention, 1971 P110 Protocol to the Plantations Convention, 1958 Aide Memoire ILO Conventions ratified by the Government of Seychelles 6 C137 Dock Work Convention, 1973 C138 Minimum Age Convention, 1973 C139 Occupational Cancer Convention, 1974 C140 Paid Educational Leave Convention, 1974 C141 Rural Workers' Organisations Convention, 1975 C142 Human Resources Development Convention, 1975 C143 Migrant Workers (Supplementary Provisions) Convention, 1975 C144 Tripartite Consultation (International Labour Standards) Convention, 1976 C145 Continuity of Employment (Seafarers) Convention, 1976 C146 Seafarers' Annual Leave with Pay Convention, 1976 C147 Merchant Shipping (Minimum Standards) Convention, 1976 P147 Protocol of 1996 to the Merchant Shipping (Minimum Standards) Convention, 1976 C148 Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 C149 Nursing Personnel Convention, 1977 C150 Labour Administration Convention, 1978 C151 Labour Relations (Public Service) Convention, 1978 C152 Occupational Safety and Health (Dock Work) Convention, 1979 C153 Hours of Work and Rest Periods (Road Transport) Convention, 1979 C154 Collective Bargaining Convention, 1981 C155 Occupational Safety and Health Convention, 1981 P155 Protocol of 2002 to the Occupational Safety and Health Convention, 1981 C156 Workers with Family Responsibilities Convention, 1981 C157 Maintenance of Social Security Rights Convention, 1982 C158 Termination of Employment Convention, 1982 C159 Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 C160 Labour Statistics Convention, 1985 C161 Occupational Health Services Convention, 1985 C162 Asbestos Convention, 1986 C163 Seafarers' Welfare Convention, 1987 C164 Health Protection and Medical Care (Seafarers) Convention, 1987 C165 Social Security (Seafarers) Convention (Revised), 1987 C166Repatriation of Seafarers Convention (Revised), 1987 C167 Safety and Health in Construction Convention, 1988 C168 Employment Promotion and Protection against Unemployment Convention, 1988 C169 Indigenous and Tribal Peoples Convention, 1989 Aide Memoire ILO Conventions ratified by the Government of Seychelles 7 C170 Chemicals Convention, 1990 C171 Night Work Convention, 1990 C172 Working Conditions (Hotels and Restaurants) Convention, 1991 C173 Protection of Workers' Claims (Employer's Insolvency) Convention, 1992 C174 Prevention of Major Industrial Accidents Convention, 1993 C175 Part-Time Work Convention, 1994 C176 Safety and Health in Mines Convention, 1995 C177 Home Work Convention, 1996 C178 Labour Inspection (Seafarers) Convention, 1996 C179 Recruitment and Placement of Seafarers Convention, 1996 C180 Seafarers' Hours of Work and the Manning of Ships Convention, 1996 C181 Private Employment Agencies Convention, 1997 C182 Worst Forms of Child Labour Convention, 1999 C183 Maternity Protection Convention, 2000 C184 Safety and Health in Agriculture Convention, 2001 C185 Seafarers' Identity Documents Convention (Revised), 2003 MLC Maritime Labour Convention, 2006 C187 Promotional Framework for Occupational Safety and Health Convention, 2006 C188 Work in Fishing Convention, 2007 Note: The Conventions in bracket have been shelved (on hold or cancel) by the ILO Aide Memoire ILO Conventions ratified by the Government of Seychelles 8 1. Unemployment Convention (N. 02), 1919 Ratification: 1978 Objective of the standard: To introduce measures aiming at preventing and decreasing unemployment, whilst setting up effective structures to assist persons who are unemployed. Summary of the provisions: This short convention relies on national coordination of employment agencies (both public / private) to combat unemployment. It also wants to ensure that same rates of insurance benefits (if established) are applicable for workers of a member state working in another member state. Seychelles obligations under this convention: The government of Seychelles is required to communicate with the ILO statistical information and documents related to the unemployment situation in the country at intervals not exceeding three months (article 1). Establish a system of free public employment agencies to be supervised by a central authority comprising of employers, workers and government representatives. They are to advise on matters dealt with by the agency (article 2 paragraph. 1). To coordinate both public and private free employment agencies on a national scale (article 2 paragraph 2) To coordinate the various national systems together with the ILO, if stated in an agreement between Seychelles and the ILO (article 2 paragraph 3). Denunciation of the convention may be done after ten years of coming into force, by an act communicated to the Director-General of the International Labour Office for registration. Such denunciation shall not take effect until one year after the date on which it is registered with the International Labour Office (article 9). Aide Memoire ILO Conventions ratified by the Government of Seychelles 9 2. Unemployment indemnity (shipwreck) Convention (N. 08), 1920 Ratified: 1978 Objective of the standard: To protect unemployed seamen and provide financial assistance due to loss or destruction of the vessel on which they were employed. Summary of the provisions: The convention applies to all seamen employed on board a vessel, to all types of vessels (as described in the convention) engaged in maritime navigation and to owners of these vessels. Bearing in mind the unexpected risks at sea, the convention imposes an unemployment indemnity paid to seamen by the owner of the vessel, where the seamen were employed, in the case of foundering or loss of vessel. It also outlines the conditions on how the unemployment indemnity is to be paid; shall be paid for the days during which the seaman remains in fact unemployed at the same rate as the wages payable under the contract, but the total indemnity payable under this Convention to any one seaman may be limited to two months' wages. Seychelles obligations under this convention: It does not clearly state in the convention the direct obligations of the Government of Seychelles. However, she is required to introduce legislation and administrative regulations to apply the provisions of the convention. Denunciation of the convention is applicable after a period of five years from the date on which the Convention first came into force, by an act communicated to the DirectorGeneral of the International Labour Office for registration. Such denunciation shall not take effect until one year after the date on which it is registered with the International Labour Office (article 9). Aide Memoire ILO Conventions ratified by the Government of Seychelles 10 3. Right of association (agriculture) Convention (N. 11), 1921 Ratified: 1978 Objective of the standard: Promote the rights of association in the agricultural sector and thereby develop meaningful dialogue between individuals engaged in agricultural activities and with the government. Summary of the provisions: The convention compares the rights of those engaged in agricultural activities the same as to industrial workers. These rights should be secured, respected and enhanced by the government. Seychelles obligations under this convention: Upon ratification of this Convention, the Government of Seychelles commits to protect and secure all persons involved in agriculture the same rights of association as to industrial workers. In this regard, the Government is compelled to repeal any statutory or provisions put forth which restrict such rights that is, of those engaged in agriculture. Denunciation of the Convention may be done after ten years of coming into force, by an act communicated to the Director-General of the International Labour Office for registration. Such denunciation shall not take effect until one year after the date on which it is registered with the International Labour Office (article 7). 4. Medical examination of young persons (sea) Convention (N. 16), 1921 Ratified: 1978 Objective of the standard: To ensure that young persons employed on board vessels are in good health conditions to carry out such duties. Summary of the provisions: This instrument applies to vessels (as described in the Convention) engaged in maritime navigation. It states the condition for employing young people under the age of eighteen; Aide Memoire ILO Conventions ratified by the Government of Seychelles 11 compulsory medical certificate signed by a doctor, thereafter approved by competent authority attesting fitness of the child to work on vessels other than the ones where members of the same family are employed. Also, should there be continued employment of the child at sea, the former shall then be subject to repetitions of the medical examinations at intervals of not more than one year, accompanied with medical certificate indicating fitness for such work. Seychelles obligation under this convention: This Convention asks the government to ensure that all young persons under the age of eighteen employed on board vessels have undergone a medical examination by a doctor prior to the employment in question, to attest their fitness for such work. Hence, the competent authority’s role is to approve medical certificate resulting such medical examinations (article 2). To consider urgent cases and thus, allow a young person under the age of eighteen to embark a vessel without having undergone the medical examination required in this Convention, provided that the examination is carried out at the first port at which the vessel calls (article 4). Denunciation of the Convention may be done after ten years of coming into force, by an act communicated to the Director-General of the International Labour Office for registration. Such denunciation shall not take effect until one year after the date on which it is registered with the International Labour Office (article 10). 5. Seamen’s article of agreement Convention (N. 22), 1926 Ratified: 2005 Objective of the standard: To make provisions so that the rights and obligations of ship owners and / or masters and seamen are respected and enforced while working, through the creation of an article of agreement between each of the parties. Aide Memoire ILO Conventions ratified by the Government of Seychelles 12 Summary of the provisions: This Convention shall apply to all sea-going vessels registered in the country of any member state having ratified this Convention, and to the owners, masters and seamen of such vessels (as described in the Convention). The articles of agreement shall be signed by the ship owner or his representative and by the seamen, given that the agreement is examined before hand by the seamen and also to his adviser. The agreement shall therefore clearly mention the rights and obligations of each of the parties. The agreement must not contain any article which is contrary to the national law or to the terms of this Convention. The seamen shall therefore sign the agreement under conditions which are prescribed by national law, in order to ensure adequate provision by the competent public authority. National law shall make provision to ensure that the seamen have understood the agreement. Every seaman is to be given a document containing record of his employment on board the vessel. However, the document must not publish any statement as to the quality of the seamen’s work or to his wages. The agreement can be terminated regardless if it enters a voyage for a definite or indefinite period. It shall then be terminated accordingly by; a mutual consent of the parties, death of the seamen, loss or total unworthiness of the vessel or by any other cause that may be provided in the national law or in this Convention. Seychelles obligations under this Convention: The government plays a more or less supervisory role in ensuring that the terms of the agreement about to sign are in line of the conditions prescribed by national law and to this Convention. To certify that the agreement has been rightly communicated in writing to all parties, and that the seamen have clearly understood the document. The government is given the power to further strengthen the terms of the agreement, if considered necessary, so as to enhance protection of the interests of the ship owner and of the seamen. Aide Memoire ILO Conventions ratified by the Government of Seychelles 13 National law shall determine the form of the document containing record of a seaman’s employment, its content and the manner to which the documents is to be completed. National law shall introduce measures so that the seamen are clearly informed on the conditions of their employment, so as to know the nature and extent of his rights and obligations. 6. Minimum wage-fixing machinery Convention (N.26), 1928 Ratified: 1928 Objective of the standard: To make provision so that all workers employed in manufacture and commerce are paid a decent wage, through an organized wage payment system. Summary of the provisions: This short but well detailed Convention applies to workers and employers in manufacture and commerce. It outlines the creation or maintenance of a system of machinery to fix minimum rates of wages to workers employed in the trades or parts of trades mentioned in the Convention. It gives member states who have ratified this Convention the freedom to decide the minimum wage-fixing machinery and the strategies necessary for its good implementation. However, such freedom has its limit. The government is to consult with workers and employers’ organizations in whatever decision they wish to undertake. Moreover, the government is to take necessary measures if the minimum wage fixed is not respected by employers. If so, workers are entitled to recover the amount of wage underpaid through legal actions. Seychelles obligation under this Convention: Each member state which ratifies this Convention shall undertake to create or maintain machinery whereby minimum fixed wages shall be fixed for workers employed in certain trades or parts of trades (article 1 paragraph 1). Aide Memoire ILO Conventions ratified by the Government of Seychelles 14 The government is free to decide the minimum wage-fixing machinery to be applied in the parts of trades mentioned in the Convention, but only after consultation with employers and workers’ organizations, if any (article 2). The Convention gives member states the freedom to decide upon the nature and form of the minimum wage-fixing machinery, and thereafter the methods to be followed in its operation. However, this decision must be consulted with employers and workers organizations, as well as any other persons qualified in this domain. Also provided that employers and workers shall be associated in this operation and that the minimum rates of wages fixed shall be binding on the employers and workers concerned (article 3 paragraphs 1 & 2). The government must ensure, by a system of supervision and sanctions that employers and workers concerned are well informed on the minimum rates of wages in force; and that no wages are paid under rates fixed (article 4 paragraph 1). The government is compelled to provide to the ILO annually, a general statement which lists the trades or parts of the trades in which the minimum wage-fixing machinery has been applied, the methods and the outcome of such operation. And to provide statistical information summarizing the approximate number of workers covered under this minimum wage-fixing, along with the minimum rates of wage-fixing (article 5). 7. Forced labour Convention (N. 29), 1930 Ratified: 1978 Objective of the standard: To eradicate any practice of forced labour. Summary of the provisions: The Convention clearly defines the term “forced or compulsory labour” as all work which is exacted from any person under the menace of any penalty and for which the said person has not offered himself voluntarily. Aide Memoire ILO Conventions ratified by the Government of Seychelles 15 It states the instances where competent authority or officials of the administration are not allowed to impose constraint on individuals to engage in some form of labour, eventhough these officials for instance, have the duty to encourage the population to work. Nonetheless, if any competent authority wishes to undertake forced labour, the decision for the latter must fulfil certain important conditions. Forced labour in very exceptional cases shall apply only to adult able-bodied male, aged 18 years old but not more than 45 years old. The illegal exaction of forced or compulsory labour must be punishable as a penal offence. Seychelles obligation under this Convention: To suppress forced labour within the shortest possible period (article 1). To provide as full information as possible in the annual reports (article 22 of the ILO Constitution) send to ILO; the extent to which forced labour was practiced in the respected territory, the purpose of such practice, sickness and death rates if any, the hours of work applied, the rates and methods of payment for wages (article 22). To give effect to the provisions of this Convention, the competent authority in the member state shall issue complete and precise regulations governing the use of forced or compulsory labour (article 23 paragraph 1). On the same line, the government must establish rules facilitating any person who was forced in any form of labour to forward their complaints to competent authority. The government must then ensure that such complaints will be duly studied and taken into consideration (article 23 paragraph 2). Adequate measures shall in all cases be taken to ensure that the regulations governing the employment of forced or compulsory labour are strictly applied (article 24). It is an obligation on any Member ratifying this Convention to ensure that the penalties imposed by law are really adequate and are strictly enforced (article 25). Denunciation of the Convention may be done after ten years of coming into force, by an act communicated to the Director-General of the International Labour Office for registration. Such denunciation shall not take effect until one year after the date on which it is registered with the International Labour Office (article 30). Aide Memoire ILO Conventions ratified by the Government of Seychelles 16 8. Recruiting of indigenous workers Convention (N. 50), 1936 Ratified: 1978 This Convention is shelved from ILO list of Conventions. 9. Contracts of employment (indigenous workers) Convention (N. 64), 1939 Ratified: 1978 This Convention is shelved from ILO list of Conventions. 10. Penal sanction (indigenous workers) Convention (N. 65), 1939 Ratified: 1978 This Convention is shelved from ILO list of Conventions. 11.Medical examinations (seafarers) Convention (N. 73), 1946 Ratified: 2005 Objectives of the standard: To ensure that all persons to whom this Convention applies to are in good health conditions and are not likely to endanger the health of other persons on board. Summary of the provisions: This Convention does not apply to; vessels of less than 200 tons gross register tonnage, wooden vessels of primitive build such as dhows and junks, fishing vessels and estuarial craft. Furthermore, the Convention does not apply to; a pilot (not a member of the crew), persons employed on board by an employer other than the ship owner, except radio officers or operators in the service of a wireless telegraphy company, travelling dockers and persons employed in ports who are not ordinarily employed at sea. Aide Memoire ILO Conventions ratified by the Government of Seychelles 17 No other persons shall be engaged to employment in a vessel unless he produces a certificate attesting to his fitness for the work for which he is to be employed at sea signed by a medical practitioner. The medical certificate shall attest: a) that the hearing and sight of the person and in the case of a person to be employed in the deck department (except for certain specialist personnel, whose fitness for the work which they are to perform is not liable to be affected by defective colour vision, his vision, are all still satisfactory; and b) that he is not suffering from any disease likely to be aggravated by, or to render him unfit for, service at sea or likely to endanger the health of other persons on board. The certificate is valid for a period of two years. In the case of colour vision, it shall remain in force not exceeding six years from the date on which it was granted. Where the period of validity of a certificate expires in the course of a voyage, the certificate shall continue until the end of that voyage. Seychelles obligations under this Convention: National laws or regulations are to determine when vessels are to be regarded as seagoing (article 1 paragraph 2). The competent authority is compelled to consult with the ship owners’ and seafarers' organisations concerned; on the nature of the medical examination to be made and the particulars to be included in the document; on delegating functions of the competent authority to an organisation or authority exercising similar functions in respect of seafarers generally (articles 4 & 9). Arrangements shall be made to authorize a person who, after examination, has been refused a certificate to apply for further examination by a medical referee or referees who shall be independent of any shipowner or of any organisation of shipowners or seafarers (article 8). Denunciation of the Convention may be done after ten years of coming into force, by an act communicated to the Director-General of the International Labour Office for Aide Memoire ILO Conventions ratified by the Government of Seychelles 18 registration. Such denunciation shall not take effect until one year after the date on which it is registered with the International Labour Office (article 12 paragraph 1). 12.Labour inspection Convention (N. 81 ), 1947 Ratified: 2005 Objective of the standard: To secure by regular inspections of workplaces the enforcement of legal provisions for the protection of workers. Summary of the provisions: This long, but important Convention is divided in four parts; labour inspection in industry, labour inspection in commerce, miscellaneous provisions and final provisions. The Convention as a whole though, provides for a system of labour inspection to secure the enforcement of the legal provisions relating to conditions of work and the workplaces. It deals with the organization and functions of inspection services, the responsibilities of a central authority, their cooperation with other public and private services and with employers and workers or their organizations. It details methods to recruit qualified inspectors in sufficient numbers and with appropriate status, taking into account gender equality. It also gives a thorough insight on regular inspection of workplaces and declares the need to publish reports and annual statistics in the work of the services. It states that labour inspectorate should be provided with resources and facilities (offices, transport, and reimbursement of expenses). The Convention defines the function, rights and responsibilities of labour inspectors (to secure the enforcement of the law, to advise employers and workers and to provide information to the competent authority) and their powers, i.e.: the power to enter freely on any workplace liable to inspection, to carry out inquiries freely and in particular to interrogate persons, to examine documents and take samples: the power to make orders with a view to remedy defects and to decide whether it is appropriate to give warning and advice, or to institute or recommend proceedings. Aide Memoire ILO Conventions ratified by the Government of Seychelles 19 In return, inspectors are required to respect certain obligations: they are prohibited from having any direct or indirect interest in the undertakings under their supervision and shall not reveal manufacturing or commercial secrets of the workplaces they inspect or the source of any complaint. Seychelles obligations under this Convention: As stated in the Convention, each member shall maintain a system of labour inspection in industrial workplaces (article 1). National laws or regulations may exempt mining and transport undertakings or parts of such undertakings from the application of this Convention (article 2 paragraph 2). The government is to undertake necessary measures to ensure that duly qualified technical experts and specialists, including specialists in medicine, engineering, electricity and chemistry are associated in the work of inspection, in such manner as may be deemed most appropriate under national conditions (article 9). National laws or regulations must provide and enforce adequate penalties for violations of the legal provisions enforceable by labour inspectors and for obstructing labour inspectors in the performance of their duties (article 18). The central inspection authority shall publish an annual general report on the work of the inspection services under its control, and thereafter send a copy to the Director General of the ILO (article 20). If part II of the said Convention is in force, members have to maintain a system of labour inspection in commercial workplaces (article 22). 13. Freedom of association and protection of the right to organise Convention (N. 87), 1948 Ratified: 1978 Objective of the standard: Freedom of association and the right to organise as means to improve conditions of labour and to establish peace Aide Memoire ILO Conventions ratified by the Government of Seychelles 20 Summary of the provisions: The Convention is divided into five parts, with its most important aspect described in part one (freedom of association), whereby it states that workers and employers have the right to establish or join organizations of their own choosing, without any previous authorisation. These organizations have the right to establish their rules, programs, activities, to organize their administration and to elect their representatives. No administrative authority has the right to dissolve such organizations and to interfere in their activities. In return, the workers’ and employers’ organizations must respect national law of their respective country. Seychelles obligations under this Convention: The ratifying State must take all necessary and appropriate measures to ensure that workers and employers are freely exercising their right to organise (article 11). Denunciation of the Convention may be done after ten years of coming into force, by an act communicated to the Director-General of the International Labour Office for registration. Such denunciation shall not take effect until one year after the date on which it is registered with the International Labour Office (article 16). 14.Right to organize and collective bargaining Convention (N. 98), 1949 Ratified: 1999 Objective of the standard: To protect members of trade unions against acts of anti-union discrimination in regards to their membership and to promote meaningful and trustworthy relationship between workers and employers’ organizations. Summary of the provisions: This Convention though short, it wants to make workers feel free to participate in union activities without fearing that such acts might not be accepted by their employers. In Aide Memoire ILO Conventions ratified by the Government of Seychelles 21 fact, the Convention makes provision to prevent an employer to cause his workers to dismiss due to the fact that the latter are members of trade union. However, as members of their organizations, both employers and workers are not allowed to express any acts of interference towards each other’s organizations. Such interference would be taken into consideration by competent authority. Seychelles obligations under this Convention: Where necessary, there should be established machinery appropriate to national conditions so as to ensure that employers and workers organizations respect each other’s rights to organize (article 2 paragraph 2). Measures appropriate to national conditions shall also be taken to encourage and promote the full development and utilisation of the machinery for voluntary negotiations between workers and employers’ organizations. 15.Minimum wage-fixing machinery (agriculture) Convention (N. 99), 1951 Ratified: 1978 Objective of the standard: To haven an organized system to ensure that employers comply with the rates of the minimum wage in force Summary of the provisions: The Convention concerns workers and employers engaged in agricultural activities. It makes provision so that workers are paid the minimum rate of wages declared by the law, and that employers abide to the rate fixed. It wants to involve employers, workers concerned or any other persons who deems qualified to be consulted in the determination of the minimum wage. They must have a right to be heard. The rates fixed shall be binding on the employers and workers concerned so as not to be subject to abatement. The competent authority may however, permit exceptions to the minimum wage rates in individual cases, where necessary. If a worker has not been paid the minimum wage by its employer, he is entitled to recover the unpaid amount through judicial proceedings. Aide Memoire ILO Conventions ratified by the Government of Seychelles 22 Seychelles obligations under this Convention: The government must create or maintain adequate mechanism to fix minimum rates of wages for workers employed in agricultural undertakings and related occupations (article 1 paragraph 1). The government is however, free to decide to which undertakings, occupations and categories of persons the minimum wage fixing machinery referred to in article 1 of the Convention will be applied. This decision is to be made after consultation with the most representative organisations of employers and workers concerned, where such exist (article 1 paragraph 2). National laws / regulations, collective agreements or arbitration may authorise partial payment of the minimum wage in the form of allowances in kind, but with certain conditions (article 2). Each Member which ratifies this Convention shall be free to decide, subject to certain conditions, the nature and form of the minimum wage fixing machinery, and the methods to be followed in its operation (article 3). The government is to take necessary appropriate actions i.e. supervision, inspection and sanctions so as to make sure that employers and workers concerned are well informed on the rates of the minimum wage in force, and no wages are paid less than the rates applicable (article 4). Members who ratify this Convention are to communicate annually to the ILO a general statement indicating the methods and the results of the application of the machinery and, in summary form, the occupations and approximate numbers of workers covered, the minimum rates of wages fixed, and other important conditions, if any, established relevant to the minimum rates (article 5). Denunciation of the Convention may be done after ten years of coming into force, by an act communicated to the Director-General of the International Labour Office for registration. Such denunciation shall not take effect until one year after the date on which it is registered with the ILO (article 10 paragraph 1). Aide Memoire ILO Conventions ratified by the Government of Seychelles 23 16.Equal remuneration Convention (N. 100), 1951 Ratified: 1999 Objective of the standard: This Convention aims to create and promote a culture of “equal remuneration for men and women workers for work of equal value.” Summary of the provisions: The Convention lays down general principles concerning equal remuneration for men and women workers of work of equal value. It hence evokes the importance of gender equality where remuneration is concerned. In addition, to better understand these principles, the Convention differentiates the terms remuneration in itself and that of equal remuneration for men and women workers for work of equal value. It states that such important principle must be promoted and applied in workplaces by means suitable to the existing methods which determine the rates of remuneration. Seychelles obligations under this Convention: The government should promote the principle of equal remuneration for men and women workers for work of equal value. To determine the rates of remuneration this principle shall then be ensured by means appropriate to the methods in operation i.e. either by national laws or regulations; by legally established mechanism for wage fixation; by collective agreement or through a combination of the three (article 2). Measures ought to be taken to promote objective appraisal of jobs on the basis of the work to be performed (article 3). The government shall cooperate with the employers’ and workers’ organizations to implement the terms of articles of this Convention (article 4). The Convention is subject to denunciation at any time, in accordance with the provisions of article 9 to communicate to the Director General a declaration modifying in any other respect the terms of any former declaration and stating the present position in respect of such territories as it may specify (article 7 paragraph 4). Aide Memoire ILO Conventions ratified by the Government of Seychelles 24 17.Abolition of forced labour Convention (N. 105), 1957 Ratified: 1978 Objective of the standard: To guarantee that no individuals are forced to work without his or her consent. Summary of the provisions: This Convention sees forced or compulsory labour as a tool which violates human rights. Its aim is therefore to encourage member countries to eradicate forced labour at the earliest. No exceptional cases are specified in the Convention where forced labour should be exempted. Thus, to ensure that the aim of the Convention is respected, governments are asked to undertake strict measures against any actions of forced labour and to secure its abolition. Seychelles obligations under this Convention: After ratification of this Convention, the government is to suppress any form of forced or compulsory labour (article 1). The government shall not use forced labour as a means of: political coercion or education or a punishment; as a method to mobilise and use labour on the grounds of economic development; as a tool for labour discipline; as a punishment for having participated in strikes and as a means of racial, social, national or religious discrimination (article 1). Seychelles is also to carry out effective measures to secure immediate and complete abolition of forced or compulsory labour (article 2). Denunciation of the Convention may be done after ten years of coming into force, by an act communicated to the Director-General of the International Labour Office for registration. Such denunciation shall not take effect until one year after the date on which it is registered with the ILO (article 5 paragraph 1). Aide Memoire ILO Conventions ratified by the Government of Seychelles 25 18.Seafarers’ identity documents Convention (N. 108), 1958 Ratified: 1978 Objective of the standard: To have reliable information on the movement of seafarers at all times. Summary of the provisions: This Convention applies to seafarers engaged in maritime navigation in any capacity on board a vessel, other than a ship of war, registered in a territory for which the Convention is in force. In this regard, categories of people referred to as seafarers are to be determined by the competent authority after consultation with the shipowners' and seafarers' organisations. Seafarers are thus to be given an identity document, which shall remain in their possession at all times. The Convention details the contents of the identity document and its importance. The identity document will facilitate the seafarers’ admission or readmission into a territory in which the said Convention is in force. Readmissions however, imply certain conditions approved by the authorities concerned when entry is requested for a temporary shore leave while the ship is in port. The identity document can be issued to a foreign seafarer. Seychelles obligations under this Convention: The government shall issue an identity document or in some cases passport for seafarers (article 2). The precise form and content of the seafarer's identity document shall be decided by the Member issuing it, after consultation with the shipowners' and seafarers' organisations concerned (article 4). Each Member shall permit the entry into a territory for which this Convention is in force of a seafarer holding a valid seafarer's identity document, when entry is requested for temporary shore leave while the ship is in port (article 6). The government is free to request documents to permit a seafarer to enter on its territory, it may also limit the seafarer’s stay (article 6). Nevertheless, nothing in article 6 of this Convention shall be construed as restricting the right of the government to prevent any particular individual from entering or remaining in its territory (article 6). Aide Memoire ILO Conventions ratified by the Government of Seychelles 26 19. Discrimination (employment and occupation) Convention (N. 111), 1958 Ratified: 1999 Objective of the standard: To eliminate all forms of discrimination in workplaces, and thus create a working environment based on non-discrimination. Summary of the provisions: The Convention is introduced by stating a clear definition of the term “discrimination” and listing instances which are considered as acts of discrimination. It is through the pursuance of a national policy designed to promote equality of treatment that the Convention relies on to eliminate discrimination in regards to employment and occupation. This policy shall be designed in respect to current national conditions and shall need the cooperation of employers’ and workers’ organizations. Seychelles obligations under this Convention: Government must declare and pursue a national policy appropriate to its national conditions, so as to promote equality of opportunity and treatment in regards to employment and occupation, with the aim of eliminating any form of discrimination (article 2). In regards to this national policy, government is to seek the cooperation of employers’ and workers’ organizations, and other appropriate bodies to promote the acceptance and supervision of the policy. Members shall thus, enact legislation to secure the acceptance of the policy and to oversee it in an effective manner. They shall thereafter have the power to repeal any statutory provisions or practices which are not in line to the national policy. Members are also obliged to report annually to the ILO on the actions taken in regards to eliminating discrimination at work and their respective outcomes (article 3). Denunciation of the Convention may be done after ten years of coming into force, by an act communicated to the Director-General of the International Labour Office for registration. Such denunciation shall not take effect until one year after the date on which it is registered with the ILO (article 9 paragraph 2). Aide Memoire ILO Conventions ratified by the Government of Seychelles 27 20.Minimum age Convention (C138), 1973 Ratified: 2000 Objective of the standard: To achieve total abolition of child labour. Summary of the provisions: In the spirit of abolishing child labour, the Convention in a sense encourages member states to progressively raise the minimum age one is allowed to work. The determination of the minimum age is up to the member countries, and must not be below 15 years but in some exceptional cases 14 years. Obviously, no one under the age fixed should be admitted to employment or work in any occupation. The Convention therefore, lays down ground rules in regards to circumstances where young persons are allowed and not allowed to employment. It does not restricts however, young persons in schools for general, vocational or technical education or in other training institutions to work, provided that such work is carried out in accordance with the conditions prescribed by the competent authority, after consultation with the organisations of employers and workers concerned. Seychelles obligations under this Convention: The government shall establish a national policy designed to ensure the effective abolition of child labour and to raise progressively the minimum age for admission to employment to a level consistent with the fullest physical and mental development of young persons (article 1). A declaration made by the government and appended to the ratification of this Convention, should indicate the minimum age one is allowed to work. If the minimum age fixed is subject to change the Director General of the ILO should be informed at all times (article 2 paragraphs 1&2). Furthermore, in reference to the above mentioned, members should bear in mind that the minimum age specified shall not be less than the age of completion of compulsory schooling and, in any case, shall not be less than 15 years (article 2 paragraph 3). Aide Memoire ILO Conventions ratified by the Government of Seychelles 28 National laws or regulations shall specify, after consultation with employers and workers organizations, the types of work which are likely to jeopardise the health, safety or morals of young persons. Admission to these types of employment must not be less than 18 years (article 3 paragraphs 1& 2). National laws or regulations may permit the employment of persons 13 to 15 years of age on light work, who have not completed their compulsory schooling program yet, but with certain conditions (article 7). The acceptance of this Convention by members shall automatically result the denunciation of Conventions; C007 Minimum age (sea), C010 Minimum age (agriculture), C005 Minimum age (industry) (article 10). Denunciation of the Convention may be done after ten years of coming into force, by an act communicated to the Director-General of the International Labour Office for registration. Such denunciation shall not take effect until one year after the date on which it is registered with the ILO (article 13 paragraph 1). 21. Tripartite Consultation Convention (N. 144), 1976 Ratified: 2005 Objective of the standard: To promote effective consultation between the representatives of the government, employers and workers on International Labour Standards. Summary of the provisions: The Convention sum ups subjects where there must be effective tripartite consultation between government, employers’ and workers’ organizations, in regards to International Labour Standards. Consultation shall be undertaken at appropriate intervals fixed by agreement between the parties, but at least once a year. The nature and form of procedures are to be determined in accordance with national practice after consultation with the social partners. The social partners shall freely choose their representatives for the purpose of these procedures. Employers and workers are to Aide Memoire ILO Conventions ratified by the Government of Seychelles 29 be represented on an equal footing on any competent bodies. And when appropriate, the competent authority shall issue an annual report on the working of the procedures. Seychelles obligations under this Convention: The ratifying State undertakes to operate procedures concerning: o government replies to questionnaires concerning items on the agenda of the International Labour Conference and their comments on proposed texts to be discussed by the conference; o proposals to be made to the competent authority or authorities in connection with the submission of Conventions and Recommendations pursuant to article 19 of the Constitution of the ILO; o the re-examination at appropriate intervals of unratified Conventions and of Recommendations to promote their implementation and ratification as appropriate; o questions arising out of reports on ratified Conventions to be made under Article 22 of the Constitution of the ILO; o proposals for the denunciation of ratified Conventions. 22.Merchant shipping (minimum standards) Convention (N. 147), 1976 Ratified: 2005 Objective of the standard: To promote safety and health standards, appropriate social security measures, good shipboard conditions of employment and shipboard living arrangements for seamen working on board ships. Summary of the provisions: This Convention applies to every sea-going ship, which is engaged in transportations for the purpose of trade. The Convention details the areas where there should be laws or regulations in place to guide member states and ship owners on the basic requirements to promote good work and social conditions on board. In case complaints arise by Aide Memoire ILO Conventions ratified by the Government of Seychelles 30 seamen in regards to living and working standards on ships, governments need to ensure that adequate procedures are being taken, after tripartite consultation, for a thorough investigation of the complaints. The latter should be reported promptly to the competent authority. The Convention is also to ensure that seafarers employed on ships registered in its territory are properly qualified or trained for the duties for which they are engaged Seychelles obligations under this Convention: The ratifying State commits to establish laws or regulations for ships’ registered in its territory. These laws or regulations will help to better implement safety standards and social security measures on board ships registered in the State’s territory (article 2). Furthermore, the ratifying State should advise its nationals on the possible problems of signing on a ship registered in a State which has not ratified the Convention, until it is satisfied that standard equivalent to those fixed by this Convention are being applied (article 3). The ratifying member should prepare a report if it receives complaints or sufficient evidence that a ship in its port on the normal course of its business or for operational reasons is not in conform to the standards of this Convention. A copy of this report should be forwarded to the Director General of the ILO. The member state may take necessary measures to rectify any conditions on board the ship, which are clearly hazardous to safety or health (article 4 paragraph 1). In taking such measures, the member shall forthwith notify the nearest maritime, consular or diplomatic representative of the flag State and shall, if possible, have such representative present. It shall not unreasonably detain or delay the ship (article 4 paragraph 2). 23. Working environment (air pollution, noise and vibration) Convention (N. 148), 1977 Ratified: 1999 Objective of the standard: To prevent, control and protect against occupational hazards in the working environment, caused by air pollution, noise and vibration. Aide Memoire ILO Conventions ratified by the Government of Seychelles 31 Summary of the provisions: This Convention applies to all branches of economic activity. The terms air pollution, vibration and noise are defined in the first part of the said document. The general provisions which the ratifying State must undertake, after consulting the employers’ and workers’ organizations are outlined in the second part of the Convention. National laws or regulations shall therefore, prescribe measures to be taken for preventing, controlling and protecting against, occupational hazards due to air pollution, noise and vibration. Provisions concerning the practical implementation of the measures so prescribed may be adopted through technical standards, codes of practice and other appropriate methods. Provision shall be made for as close a collaboration as possible at all levels between employers and workers in the application of the measures prescribed in pursuance of this Convention. Employers shall be made responsible for compliance with the prescribed measures, whilst workers shall be required to comply with such measures. Seychelles obligations under this Convention: The ratifying State must list and explain in the first report on the application of the Convention if it has excluded branches of economic activity, where this Convention is not applicable (article 1 paragraph 3). Each Member, after consultation with the representative organisations of employers and workers, can accept the obligations of this Convention separately in respect of -- air pollution; noise; and vibration (article 2 paragraph 1). National laws must be established in order to prevent and control noise, air pollution and vibration at workplaces and to protect individuals against these hazards (article 4 paragraph 1). The practical implementation of the provisions of this Convention and national measures, are to be consulted with the most representative organizations of employers and workers concerned (article 5). The ratifying State is to include appropriate penalties, as may be necessary to give effect to the provisions of this Convention. It also needs to provide appropriate inspection services for the purpose of supervising the application of the Convention (article 16). Denunciation of the Convention may be done after ten years of coming into force, by an act communicated to the Director-General of the International Labour Office for Aide Memoire ILO Conventions ratified by the Government of Seychelles 32 registration. Such denunciation shall not take effect until one year after the date on which it is registered with the ILO (article 19 paragraph 1). 24. Nursing personnel Convention (N. 149), 1977 Ratified: 1993 Objective of the standard: To improve the conditions of employment and work of nursing personnel Summary of the provisions: The Convention applies to all nursing personnel, wherever they work, taking into account that the term nursing personnel is defined in this Convention as all categories of persons who provide nursing care and nursing services. The Convention calls on competent authority of the ratifying member states to provide training and education to nursing personnel, which can help in particular to attract and retain persons to the profession. In addition, nurses are to benefit from working conditions equivalent to other workers in the country. Besides improvement in working conditions, this Convention wants measures to be taken for nursing personnel to participate in the planning of nursing services. Measures shall be taken to promote the participation of nursing personnel in the planning of nursing services and consultation with such personnel on decisions concerning them, in a manner appropriate to national conditions. Seychelles obligations under this Convention: To design a policy relating to nursing services and nursing personnel, within the framework of a general health programme so as to give quantity and quality nursing care necessary to attain the highest possible level of health for the country’s population. This policy must be adopted and applied as appropriate to national conditions, and must be consulted with the employers’ and workers’ organizations (article 2). Aide Memoire ILO Conventions ratified by the Government of Seychelles 33 Each Member shall, if necessary, endeavour to improve existing laws and regulations on occupational health and safety by adapting them to the special nature of nursing and of the environment in which it is carried out (article 7). Denunciation of the Convention may be done after ten years of coming into force, by an act communicated to the Director-General of the International Labour Office for registration. Such denunciation shall not take effect until one year after the date on which it is registered with the International Labour Office (article 11 paragraph 1). 25.Labour administration Convention (N. 150), 1978 Ratified: 1999 Objective of the Standard: This Convention calls for a systematic approach to labour administration in regards to the scope and diversity of social policy regulation and implementation, the complexity and variety of the subjects to be treated and the number of services to be provided. Also, to create an integrated overall system in which all tripartite partners may play roles in partnership with each other in a coordinated manner in the aim to establish regulatory mechanisms that are dynamic and to guarantee a flexible and adaptable labour administration. Summary of the provisions: One of the fundamental elements of the Convention is expressed in Article 1, which, in addition to defining “labour administration” has conceptualized the notion of national “system of labour administration”. The term “labour administration” refers to public administration activities, in the narrowest sense of the term, in the field of national labour policy. The Convention does not define labour policy. The term “system of labour administration” covers all public administration bodies responsible for labour administration whether they are ministerial departments or public agencies, including parastatal, regional or local agencies or any other form of decentralised administration. The concept also includes any institutional framework for the coordination of the activities of such public bodies and for consultation with and participation by employers and workers and their organizations. Aide Memoire ILO Conventions ratified by the Government of Seychelles 34 The competent bodies within this system should prepare national policy in regards to international labour affairs, represent the country with respect to such affairs and assist in preparing the measures to be taken at the national level with respect thereto. Seychelles obligations under this Convention: A Member which ratifies this Convention may, in accordance with national laws practice, delegate certain activities of labour administration to non-governmental organisations, particularly employers' and workers' organisations (article 2). The ratifying State must ensure organisation and effective operation of its system of labour administration, the functions and responsibilities of which are properly coordinated (article 4). There is to be meaningful cooperation, consultation and negotiation between the public authorities and employers’ and workers’ organizations. Such arrangements are to be made in accordance with national practice; at the national, regional and local levels as well as at the level of the different sectors of economic activity (article 5). To organize activities to be carried out in partnership with other competent bodies, relating to the conditions of work and working life of certain categories of workers, as referred to in this article (article 7). The ministry of labour must have the means to ascertain whether other organizations where labour administration activities have been delegated, are operating in accordance with national laws and regulations and are adhering to the objectives assigned to them (article 9). Denunciation of the Convention may be done after ten years of coming into force, by an act communicated to the Director-General of the International Labour Office for registration. Such denunciation shall not take effect until one year after the date on which it is registered with the ILO (article 13 paragraph 1). Aide Memoire ILO Conventions ratified by the Government of Seychelles 35 26.Labour relations (public service) Convention (N. 151), 1978 Ratified : 1999 Objective of the standard : To extend the protection of public employees’ rights. Summary of the provisions: The Convention applies to all employees of public authorities, to the extent that other favourable provisions of other International Labour Conventions instruments are not applicable to them. This Convention also, extends its scope of protecting workers, in the public sector. Public employees should be free to join trade unions for instance and therefore protected against any acts of anti-union discrimination in respect to their employment. The public employees’ organizations must be independent from public authorities. Settlement of disputes which may arise in reference to article 7 of the said Convention, are to be done through negotiation between the parties. Public employees shall have, as other workers, the civil and political rights which are essential for the normal exercise of freedom of association, subject only to the obligations arising from their status and the nature of their functions. Seychelles obligations under this Convention: Appropriate measures are to be taken to encourage and promote negotiation when determining the terms and conditions of employment between public authorities concerned and public employees’ organizations (article 7). Aide Memoire ILO Conventions ratified by the Government of Seychelles 36 27.Occupational safety and health (dockwork) Convention (N. 152), 1979 Ratified: 2005 Objective of the standard: To protect dockworkers by creating and maintaining a safe working environment at all times. Summary of the provisions: This long Convention (51 articles), provides in detailed and practical fashion for the measures to be taken as regards dockwork to protect workers engaged in such operations from any risk of accident or injury to health. It sets out in detail standards for the provision and maintenance of safe and healthy workplaces, equipment, means of access, training, information and the necessary supervision, the use of protective equipment, and the provision and development of firstaid and rescue facilities and emergency procedures. The Convention further lays down rules for the application of these principles: the responsibilities of the competent authorities and of others; cases in which authorization are required for notifications and investigations; cooperation between several employers undertaking activities simultaneously at one workplace; cooperation between employers and workers, and so on. It revises the Protection against accidents (dockworkers) Convention (N. 28), 1929 and the Protection against accidents (dockworkers0 Convention (revised) (N. 32), 1932, taking into account technological developments into account. Workers shall be required to take care of that personal protective equipment and protective clothing. It also provides for a system of inspection. Seychelles obligations under this Convention: To establish national laws or regulations to prescribe measures so as to protect dockworkers against risks of occupational accidents or injuries to their health (article 4). These national laws or regulations are to indicate the suitable persons; employers, owners, masters or other persons who must comply with the measures specified in article 4, of this Convention (article 5 paragraph 1). Aide Memoire ILO Conventions ratified by the Government of Seychelles 37 The competent authority must consult with employers’ and workers’ organizations when establishing the national laws or regulations in relation to this Convention (article 7) The competent authority of the ratifying State should appoint or otherwise recognise competent persons or national or international organisations to carry out tests or thorough examinations on lifting appliances and items of loose gear which form part of a ship's equipment (article 26). Adequate measures are to be taken to prevent exposure of workers to toxic or harmful substances or flammable atmospheres (article 32 paragraph 4). To determine by national laws or other appropriate method, the frequency at which dockworkers need to undertake medical examinations, this shall be free of charge (article 36). In regards to safety and health committees, it is the ratifying State who shall determine its compositions and functions, after consultation with employers’ and workers’ organizations (article 37). In reference to article 41 of the Convention, the government shall also: o specify the duties of the persons and bodies involved with dock work in respect to OSH; o make provision of appropriate penalties so as to enforce the provisions of the Convention; o undertake inspections to supervise application of the measures to be taken in regards to this Convention National laws are to indicate as well, the time limits (shall not exceed four years after the ratification date of the Convention), within which the terms of this Convention must be applied, in regards to the construction of ships and other equipments (article 42). Denunciation of the Convention may be done after ten years of coming into force, by an act communicated to the Director-General of the International Labour Office for registration. Such denunciation shall not take effect until one year after the date on which it is registered with the ILO (article 46 paragraph 1). Aide Memoire ILO Conventions ratified by the Government of Seychelles 38 28.Occupation safety and health Convention (N. 155), 1981 Ratified: 2005 Objective of the standard: To have a coherent national policy on Occupational Safety and Health (OSH) and on the working environment. And to promote communication and cooperation at all level in this area. Summary of the provisions: The Convention applies to all branches of economic activity and to all workers (including the public service) – but with the possibility of certain exclusions – it provides that each ratifying state to, in the light of national conditions and practice, and in consultation with employers’ and workers’ organizations, formulate, implement and periodically review a coherent national policy on occupational safety, occupational health and the working environment. The Convention defines the main spheres of action of such a policy. It lays down a series of quite detailed provisions concerning action at the national level, and at the level of the undertaking. In this context, it provides in particular for the adoption of laws or regulations or any other appropriate method (including training), for the stage onwards, that is even prior to the introduction into occupational use of machinery, substances and so on. It provides amongst other things, for employers to supply protective clothing and protective equipments and to ensure that, so far as is reasonably practicable the workplaces, machinery, equipment, processes, substances, so on and so forth, under their control, are safe and within risk to health. Moreover, it provides that workers and their representatives in the undertaking to cooperate in the fulfilment by their employer of the obligations placed upon him, but also that a worker who has removed himself from a work situation (which he shall report forthwith), that he has reasonable justification to believe presents an imminent and serious danger to his life or health shall be protected from undue consequences. Seychelles obligations under this Convention: Though this Convention applies to all branches of economic activity, the ratifying member may at the earliest consult with the employers’ and workers’ organizations to exclude Aide Memoire ILO Conventions ratified by the Government of Seychelles 39 particular branches of economic activity. This shall be stated and explained in the member’s first report (article 22 of the ILO Constitution) (article 1 paragraph 2). The government shall create, implement and review a national policy on occupational safety, occupational health and the working environment, certainly this shall be done after consultation with employers’ and workers’ organizations (article 4). Thus, to give effect to the above article, the government will need to establish laws or regulations consistent with national practice, after consultation with the employers’ and workers’ organization (article 8). The ratifying member shall take measures to ensure the correct implementation of this Convention and to introduce penalties for violations of the laws and regulations (part iii of the Convention). In the aim to guarantee coherence of the national OSH policy, the member State should consult with employers’ and workers’ organizations and with other appropriate bodies to make arrangements to promote good coordination between authorities and bodies concerned in the implementation of parts ii and iii of this Convention (article 15). Denunciation of the Convention may be done after ten years of coming into force, by an act communicated to the Director-General of the International Labour Office for registration. Such denunciation shall not take effect until one year after the date on which it is registered with the ILO (article 25 paragraph 1). 29.Occupational health services Convention (N. 161), 1981 Ratified: 2005 Objective of the standard: To maintain, by means of a preventive service, a safe healthy and well-adapted working environment to promote the physical and mental health of all workers. Summary of the provisions: Occupational health and services with essentially preventive and advisory functions shall be developed progressively for all workers, within the framework of a coherent national Aide Memoire ILO Conventions ratified by the Government of Seychelles 40 policy. To this end, the most representative organizations of employers and workers shall be consulted. Occupational health services may be organized as a service for a single undertaking or common to a number of undertakings. They may be organized by the undertakings or groups of undertakings by public authorities or social security institutions, or by any other competent body. Employers’ and workers’ and their representatives are to cooperate and participate in their implementation. The task of the services must be identified and assess risks from health hazards in the workplace by supervision of the working practices, as well as workers health in relation to work. They give advice on the subject and promote the adaptation of work to the workers as well as information, training and education in this field. The organize first aid, participate in the analysis of occupational accidents and occupational diseases and contribute measures of vocational rehabilitation. They carry out their functions in cooperation with the other services in the undertaking and with other bodies concerned with the provision of health services. Their personnel shall enjoy full professional independence and be properly qualified. Occupational health services shall be informed of any known factors and suspected factors, which may affect the workers’ health, such as occurrences of ill health among workers and absence from work for health reasons, but they shall not be required to verify reasons for absence. The supervision of workers’ health in relation to work shall be free of charge and shall take place as far as possible during working hours; it shall not involve no loss of earnings for workers. National laws or regulations shall designate the authority responsible for supervising and advising occupational health services. Seychelles obligations under this convention: The government must formulate a coherent national policy on occupational health services. This policy shall be implemented and periodically reviewed and communicated to the most representatives of employers’ and workers’ organizations for their consultation (article 2). The government has to develop progressively occupational health services for all workers. If this cannot be established immediately, the government shall draw up plans Aide Memoire ILO Conventions ratified by the Government of Seychelles 41 for its undertakings, in consultation with the social partners. And these plans shall be indicated in the first ILO report under article 22 of the ILO Constitution (article 3). Provisions are to be made for the establishment of occupational health services; by law or regulations, or by collective agreements or other manner approved after consulting with the social partners (article 6). National laws or regulations shall designate the competent authority responsible both for supervising the operation of and for advising occupational health services once they have been established (article 16). Denunciation of the Convention may be done after ten years of coming into force, by an act communicated to the Director-General of the International Labour Office for registration. Such denunciation shall not take effect until one year after the date on which it is registered with the ILO (article 19 paragraph 1). 30.Seafarers’ hours of work and the manning of ships Convention (N. 180), 1996 Ratified: 2005 Objective of the standard: To create favourable working conditions for seafarers. Summary of the provisions: This Convention applies to every seagoing ship, which is registered in the territory of any member for which the Convention is in force and is ordinarily engaged in commercial maritime operations. A ship registered by two member States is deemed to be registered in the territory of the member whose flag it flies. The most important aspect of the Convention is explained in part two. Seafarers are to have minimums and maximum working hours and hours of rest. The normal working hours for seafarers is eight hours a day. No seafarers of the age 18 years are to work at night. The provisions of the national legislation which put into effect this Convention and other relevant collective agreements are to be kept on ships, thus easily accessible to the crew. Aide Memoire ILO Conventions ratified by the Government of Seychelles 42 In regards to the manning of ships, they have to be sufficiently, safely and efficiently manned, in accordance with the minimum safe manning document or an equivalent issued by the competent authority. Seychelles obligations under this Convention: A Member which ratifies this Convention acknowledges that the normal working hours' standard for seafarers, like that for other workers, shall be based on an eight-hour day with one day of rest per week and rest on public holidays. However, this shall not prevent the Member from having procedures to authorize or register a collective agreement which determines seafarers' normal working hours on a basis no less favourable than this standard (article 4). The ratifying State must require that records of seafarers' daily hours of work or of their daily hours of rest be maintained to allow monitoring of compliance with the provisions set out in this Convention. The seafarer must receive a copy of his which needs to be endorsed by the master, or a person authorized by the master, and by the seafarer himself (article 8). Furthermore, the member has to take necessary measures and appropriate sanctions to ensure the effective enforcement of the provisions of this Convention (article 15). Denunciation of the Convention may be done after ten years of coming into force, by an act communicated to the Director-General of the International Labour Office for registration. Such denunciation shall not take effect until one year after the date on which it is registered with the ILO (article 19 paragraph 1) 31.Worst forms of child labour Convention (N. 182), 1999 Ratified: 1999 Objective of the standard: To eradicate worst forms of child labour which are likely to harm the health, safety or morals of children. Aide Memoire ILO Conventions ratified by the Government of Seychelles 43 Summary of the provisions: This Convention applies to all persons under the age of 18. Education should be given it utmost importance as a means to eliminate worst forms of child labour. Direct assistance is to be given as well to children from the worst forms of child labour and to provide for their rehabilitation. The Convention insists that governments should take into account special situation of young girls. ILO members are also asked to assist other member countries in the aim so as to give effect to the provisions of this Convention, and to eliminate worst forms of child labour altogether. This shall be done through enhanced international cooperation. Seychelles obligations under this Convention: The ratifying State must take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. These measures are to be examined and revised periodically with the consultation of employers’ and workers’ organizations (article 1 & 4). National laws or regulations must determine the types of work which may affect the children’s health safety and moral (article 4 paragraph 1). The ratifying member must set up appropriate mechanisms to monitor the implementation of the terms of this Convention, after consulting with the employers’ and workers’ organizations (article 5). In addition, it must organize and implement programmes of action to eliminate worst forms of child labour. This should be done in collaboration with government institutions, employers’ and workers’ organizations, taking into consideration views of other groups concerned (article 6). Necessary measures are to be taken to ensure effective implementation and enforcement of the Convention, including penal sanctions and other appropriate sanctions (article 7). Aide Memoire ILO Conventions ratified by the Government of Seychelles 44 Convention for Consideration Private employment agency Convention (N. 181), 1997 (Unratified) Objective of the standard: For private employment agencies to operate within the framework of this Convention and to promote protection of jobseekers seeking the services of the agencies. Summary of the provisions: This recent ILO Convention applies to all private employment agencies, which are referred to in the said document as any natural or legal person, independent of the public authorities, which provides one or more of labour market services. It also applies to all categories of workers in all branches of economic activity, with the sole exception of seafarers. This Convention is a revision of the Fee-Charging Employment Agencies Convention (Revised), 1949, and the Fee-Charging Employment Agencies Convention, 1933. The term workers in the Convention includes jobseekers. The legal status of private employment agencies shall be determined in accordance with national law and national practice, and after consulting the most representative organizations of employers and workers. No private employment agency is to charge any fees to workers, unless competent authority approves exception to certain categories of workers and to certain types of services offered by the agency. These exceptions shall come in force after consulting with the social partners. The Convention also mentions the protection of migrant workers against possible abuse by the private employment agencies. As a way to prevent such abuse, the Convention proposes to member States to sign bilateral agreements. Private employment agencies are compelled to provide to competent public authority information for statistical and legal purposes. Aide Memoire ILO Conventions ratified by the Government of Seychelles 45 Seychelles obligations under this Convention: The member State shall determine the conditions governing the operation of private employment agencies in accordance with a system of licensing or certification, except where they are otherwise regulated by appropriate national law and practice (article 3 paragraph 2). The government must ensure that private employment agencies provide equal opportunity and treatment to all jobseekers in access to employment and occupation. Private employment agencies should treat workers without discrimination on the basis of race, colour, sex, religion, political opinion, national extraction, social origin, or any other form of discrimination covered by national law and practice, such as age or disability (article 5 paragraph 1). The member State must indicate in its report, under article 22 of the ILO Constitution, the category of workers who are charged a fee by the private employment agency and must explain the reasons therefore (article 7 paragraph 3). To adopt all necessary and appropriate measures, in collaboration with other ILO Member countries, so as to provide adequate protection for and prevent abuses of migrant workers recruited or placed in its territory by private employment agencies (article 8 paragraph 1). The government is to ensure that child labour is not used nor supplied by the private employment agencies (article 9). In line with national law and practice, and after consulting the social partners, the member State must formulate, establish and periodically review conditions to promote cooperation between the public employment service and private employment agencies (article13). Members are to note that denunciation of the Convention may be done after ten years of coming into force, by an act communicated to the Director-General of the International Labour Office for registration. Such denunciation shall not take effect until one year after the date on which it is registered with the ILO (article 19 paragraph 1) Aide Memoire ILO Conventions ratified by the Government of Seychelles 46 Procedures for ratification in respect of article 18 of the Convention 181: 1. The formal ratifications of this Convention must be communicated to the DirectorGeneral of the ILO for registration 2. The Convention then comes into force twelve months after the date on which the ratifications of two Members have been registered with the Director-General 3. Thereafter, this Convention shall come into force for any Member 12 months after the date on which its ratification has been registered 4. The Director-General of the ILO shall communicate to the Secretary-General of the United Nations, for registration in accordance with article 102 of the Charter of the UN, full particulars of all ratifications and acts of denunciation registered by the Director-General in accordance with precedent articles of the Convention In the case where this Convention is revised in whole or in part, and unless specified, then the ratification of the new revised Convention shall ipso jure involve the immediate denunciation of the old Convention. However, if member States do not ratify the revising Convention, then the old version will remain in force in its actual form and content. Aide Memoire ILO Conventions ratified by the Government of Seychelles 47 Source Internet website: - www.ilo.org ILOLEX Database of International Labour Standards: http://www.ilo.org/ilolex/english/convdisp1.htm For further reference - File MEHRD/PPC/COOP/86 Employment department of the International Aide Memoire ILO Conventions ratified by the Government of Seychelles Cooperation Unit of the 48 Ministry of Employment and Human Resources Development Employment Department International Cooperation Unit Independence House P.O Box 1097 Victoria, Mahé Republic of Seychelles
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