THIRTY FIRST SESSION OF THE TRIPARTITE COMMITTEE ON CONVENTIONS (NEW DELHI – 18TH JAN, 2008

)

AGENDA

GOVERNMENT OF INDIA MINISTRY OF LABOUR AND EMPLOYMENT NEW DELHI

INDEX

AGENDA ITEM No. 1. 2. 3. 4. 5. 6. 7.

SUBJECT Approval of the Minutes of the last meeting. Follow up Action on the Minutes of the last meeting. Convention No. 131 Minimum Wages Fixing Convention No. 142 Human Resources Development. Convention No. 174 Prevention of Major Industrial Accidents. Convention No. 176 Safety & Health in Mines. Convention No. 111 Discrimination (Employment & Occupation) w.r.t. second global Report on Equality at Work published by the ILO. Placing Convention No. 187 (Promotional Framework for Occupational Safety & Health) before the Parliament for infomation. Annexure I – Minutes of the 30th Session of COC Annexure II – Text of Minimum Wage Fixing Convention No. 131 Annexure III – Employments for which Central Government has fixed minimum wages Annexure IV – Text of Human Resources Development Convention No. 142 Annexure V – Text of Safety and Health in Mines Convention No. 176 Annexure VI – Text of Promotional Framework for Occupational Safety and Health Convention No. 187

PAGE No. 1 2-7 8-10 11-13 14 15-16 17-18

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20-27 28-31 32-33 34-37 38-47 48-53

Item No.1:

Approval of the Minutes of the Last Meeting.

The 30th Session of the Tripartite Committee on Conventions was held on 15th May, 2007 at New Delhi. Smt. Sudha Pillai, Secretary (Labour & Employment) Chaired the meeting. A copy of the Minutes of the meeting has already been circulated to all members on 11th June, 2007. The same are placed before the Committee for approval (Annexure-I).

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Item No. 2 : Follow-up action on the minutes of the last meeting.

I

To hold at least two meetings of the COC in a year. The suggestion has been accepted in principle by Government. Accordingly after

the last meeting of the Committee in May, 2007 the next meeting has been organized in January, 2008. Convention No. 167 – Safety & Health in Construction The implementation of the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 has been tardy till date. However, the States have now started implementing the welfare aspects of the Act. The Ministry of Labour & Employment is impressing upon the States to implement the health and safety provisions of the Act for the benefit of construction workers to ensure maximum coverage and enforcement. As uniform implementation of the Act is yet to be achieved it would be premature to consider the proposal for ratification of the Convention at this stage Convention No. 177 – Home Based Work. So far as Home Based Work is concerned, there is no comprehensive policy or legislation for protecting the interests of home based workers. The Government is contemplating to enact a social security legislation for the unorganized sector workers which, inter-alia, includes home based workers. Therefore, ratification of this Convention is not recommended at this stage. Convention No. 174 – Prevention of Major Industrial Accident Please see Agenda Item No. 5.

II

III

IV

V

Convention No. 138 - Minimum Age and 182 - Worst Forms of Child Labour.

Policy : Government of India is committed to eliminate child labour in all its forms. However, considering the nature and magnitude of the problem, it is following a sequential approach by first targeting children upto 14 years of age in hazardous work. Ratification of Conventions No. 138 & 182 will be considered once the national laws are in conformity with the provisions of these conventions. Constitution : Government has taken an important step by making the Right to Education a Fundamental Right for children by inserting Article 21A in the Constitution. Under this constitutional provision, every child in the age group of 6-14 years is to be provided free and compulsory education. Programme : Towards this end, Government has launched a countrywide campaign of Education-for-All (Sarva Shiksha Abhiyan) for providing education to all the children in the aforesaid age group. The Scheme of National Child Labour Projects (NCLP) for rehabilitation of child labour supplements efforts of EFA campaign as it targets child labour for their educational rehabilitation. Under this Scheme, children are withdrawn from work and put in special schools to mainstream them into regular education system. The NCLP Scheme currently covers 250 districts of the country and is proposed to be expanded to all the districts during the current Five-Year Plan. Convergence : Under its convergence strategy, Government is also trying to pool in efforts made under various other developmental schemes of the Government for economic empowerment of the families of child labour so that they are not compelled by their economic circumstances to send their children to work. Instructions and guidelines are being issued by different Central Ministries to this effect. Other Measures : The Scheme of National Rural Employment Guarantee (NREG) launched last year to provide a minimum of 100 days of assured employment in a year to at least one adult member of every rural household has been expanded from 200 districts to cover additional 130 districts now. This employment guarantee scheme would greatly supplement the income of poor families to enable them to send their children to school. However, fixing of minimum age for admission to employment needs to be preceded by creation of suitable enforcement machinery. The setting up of such machinery, particularly for the unorganized sector in agriculture, cottage and small scale industries, etc. (except for those industries which are covered under the Factories Act,

1948) is a very challenging task, given the present socio-economic condition of the country. Considering all this, Government of India has not yet ratified the ILO Convention No. 138 on Minimum Age for Employment. With regard to the ILO Convention No. 182 with particular reference to the provision which concerns work affecting the health, safety and morals of children under the existing legislation in India i.e. the Child Labour (Prohibition & Regulation) Act, children below the age of 14 years are prohibited to work in any hazardous occupations and processes listed under the Act. This list is progressively being expanded and presently there are 15 occupations and 57 processes that are specified under the Act, where employment of children is completely prohibited. Apart from this, all the items under the Factories Act, which are specified ‘hazardous processes’ and ‘dangerous operations’ are also included in the prohibited list under the Child Labour (Prohibition & Regulation) Act. Government has also prohibited employment of children as domestic workers and in teashops, dhabas, hotels, motels, restaurants, etc. w.e.f. 10th October 2006.

VI

Convention No. 155 Occupational Safety and Health The Draft National Policy on Occupational Safety and Health and Environment at

workplace has been prepared. The comments of the State Governments are being obtained on the Draft Policy before it is finalized. The amendments to the Factories Act, 1948 (as per Article 13 & 17 of the ILO Convention No. 155) shall be discussed in the Conference of Chief Inspectors of Factories scheduled in January, 2008. It will also be discussed in the Conference of Dock Safety Inspectors scheduled in February 2008.

VII

Convention No. 161 - Occupational Health Services. The DGFASLI has prepared comprehensive comments regarding desirability and

viability of ratifying the Convention No. 161. The views of the State Governments are being obtained in the matter.

VIII

Convention No. 170 - Chemicals. The provision under Article 12 (a) of the Convention relating to exposure limits

and criteria for the evaluation and control of working environment have not been given effect to under the Dock Workers (Safety, Health & Welfare) Act, 1986. The amendments shall be discussed in the ensuing Conference of Dock Safety Inspectors scheduled to be held in February, 2008. As per Article 12(d) of the Convention provision relating to maintenance of record for a given period has to be prescribed by the competent authority. Suitable provision shall be inserted in the Model Rule 120 under Section 87 of the Factories Act, 1948 after obtaining requisite approval. Such provision shall also be discussed in the ensuing Conference of Chief Inspectors of Factories as well as Conference of Dock Safety Inspectors scheduled to be held in January and February, 2008 respectively. The Articles 18.1 and 18.2 of the Convention stipulate that the workers shall have the right to remove themselves from danger resulting from the use of chemicals when they have reasonable justification to believe that there is an imminent and serious risk to their safety or health and shall inform their supervisors immediately. The workers who remove themselves from danger shall be protected against undue consequences. Suitable provision is required to be incorporated in the Factories Act as well as in the Dock Workers (Safety, Health & Welfare) Act, 1986 and the Regulations framed thereunder. These provisions shall be discussed in the ensuing Conferences.

IX

Convention No. 162 - Asbestos. The meeting of the Committee constituted under the Chairmanship of DG FASLI

to examine the viability of ratification of ILO Convention No. 162 concerning safety in the use of asbestos was convened. The Draft Minutes of the meeting have been circulated among all the members of the committee for confirmation of the minutes of the meeting. Comments are awaited.

X

Convention No. 127 - Maximum Weight. Convention No 127 provides that no worker should be permitted to engage in

manual transport of load which by reason of its weight, is likely to jeopardize the health and safety of the worker. The accompanying Recommendation No. 128 prescribes that the maximum permissible weight should be limited to 55 Kg. This Ministry has been working towards evolving uniformity of views amongst various Ministries/Departments and related Organizations for creating a favourable atmosphere to facilitate ratification of the Convention as it is an important step towards protecting the health of manual workers/labourers. Considerable achievement has been made in this regard. DG, FASLI has indicated that necessary amendments have already been made in the Factories Act, 1948 to suit the provisions of the Convention. The DG (Shipping), Mumbai has stated w.r.t. the Dock Workers (Safety, Health and Welfare) Act, 1986 that carrying of weight by ships crew is generally not a normal practice on sea going ships. Weights are carried/moved on board the ships by cranes. However, in times of emergency the ships crew may need to move weight which would not be more that 55kg by one adult male worker. The Ministry of Chemical & Fertilizers and Department of Industrial Policy and Promotion have supported the proposal as fertilizers and cement are coming in 50 kg. packing. The Department of Food & Public Distribution has ensured that the entire procurement operations in respect of paddy, wheat land rice by the FCI and States is in 50 kg bags. However, till-date complete switch over to 50 kg bags has not been made by the Sugar Industry who continue to use 100 kg bags. The Department of Food & Public Distribution has stated that Sugar (Packing & Marking) Order 1970 provides that unless otherwise permitted by the Central Government every producer of Sugar shall pack Sugar in 50 kg. bags. However, this is not being followed as the sugar Industry is experiencing some difficulty in procuring 50 kg. bags. Extension of time upto October, 2008 has been sought for complying with the provisions of the Convention.

XI

Ratification of Maritime Labour Convention. The Maritime Labour Convention, 2006 addresses the issue of (a) Minimum

requirements for seafarers to work on a ship (b) Conditions of employment (c) Accommodation, recreational facilities, food and catering (d) Health protection, medical care, welfare and social security protection (e) Compliance and enforcement. The Maritime Labour Convention incorporates about 40 earlier Conventions of ILO and therefore, has implications on many aspects of seafaring. A thorough examination of the new convention is in progress in the Directorate General of Shipping, Mumbai and its recommendation would be made available at the earliest.

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Item No. 3 : Convention No. 131 concerning Minimum Wages Fixing

The Minimum Wage is an economic and social policy tool that is both powerful and flexible. Minimum Wages and poverty are inversely related that is an increase in real minimum wages is accompanied by a fall in poverty. The Minimum Wages Fixing Convention No. 131 was adopted by the ILO in 1970 for providing protection to wage earners against unduly low wages which is of special relevance to developing Countries. The Convention provides for establishment of a system of minimum wages covering all groups of wage earners to be determined in consultation with representative organizations of employers and workers concerned. The Minimum Wages shall have the force of Law and non compliance will attract penal or other sanctions. The freedom of collective bargaining of the wage earners would be respected while determining the minimum wages. Besides national practices and

conditions due consideration would be given to factors like cost of living, needs of workers and their families etc. Each member ratifying the Convention shall

create/maintain machinery for fixation/adjustment of minimum wages with due representation of employers and workers. Suitable measures will be taken for effective implementation of the Convention through adequate inspection and other necessary measures. The text of the Convention No 131 is at Annexure II. India has already ratified in the year 1958, the similar Convention No. 26 Minimum Wage Fixing Machinery, which requires ratifying member states to create or maintain machinery for fixing minimum rates of wages for workers in certain trades particularly home working trades. The minimum wages so fixed should be properly enforced and supervised and be binding on the employer and workers concerned through collective agreement. Minimum Wages Act, 1948. The Minimum Wages Act was enacted in the year 1948 to safeguard the interests of the workers engaged mostly in the unorganized sector who are vulnerable to exploitation due to illiteracy and lack of bargaining power. The Act binds the employers to pay the minimum wages to the workers as fixed for scheduled employments under the statue. Under the provision of the Act, both the Central Government and the State

Governments are the appropriate Governments to fix, revise, review and enforce the payment of minimum wages to workers in respect of schedule employments under their respective jurisdictions. Under this Act the appropriate Governments have also been empowered to notify any employment in the schedule where the number of employees is 1000 or more and fix the rates of minimum wages. There are 46 scheduled employments in the Central Sphere (detailed list at Annexure III) and as many as 1542 in the State Sphere. National Floor Level Minimum Wage In order to have a uniform wage structure and to reduce the disparity in minimum wages across the country, the concept of National Floor Level Minimum Wage is being followed. It has been enhanced to Rs.80/- per day w.e.f. 1.9.2007. The National Floor

Level Minimum Wage applies to all employments including agriculture. Presently, the National Floor Level Minimum Wage, however, has no statutory backing. The State Governments are persuaded to fix/revise minimum wages in such a manner that in none of the scheduled employments, the minimum wage is less than National Floor Level Minimum Wage. This method has helped in reducing disparity among different rates of minimum wages to a great extent. Enforcement of Minimum Wages under Minimum Wages Act, 1948. The enforcement of the Act is secured both at the Central and State level. In the Central sphere, the implementation is undertaken through the Office of the Chief Labour Commissioner (Central) and its Regional offices spread throughout the Country, while at the State level, the responsibility of enforcement lies with the respective State Enforcement Machinery. Regular inspections are conducted by Inspectors appointed under the Act. In the event of detection of any case of non-payment of minimum wages the Inspectors advise the employers to make payment of shortfalls of wages. In case of non-compliance of advice of inspectors there is provision for prosecution of employers under the Act. Recourse to legal and penal actions against the defaulting employers is taken whenever they fail to implement the provisions of the Act. Special inspection drives are also undertaken from time to time for ensuring effective implementation of the Minimum Wages Act.

Provision for Fixation of Minimum Wages under Minimum Wages Act, 1948 The minimum wages fixed by appropriate Governments are to be reviewed once in every 5 years. Various norms like size of family, food, clothing, housing, fuel, lighting and other miscellaneous items of expenditure are kept in view while fixing minimum wages. Variable Dearness Allowance. The Central Government has introduced the provision of Variable Dearness Allowance (VDA) linked to Consumer Price Index (CPI) to evolve a mechanism to protect the minimum wage against inflation. The VDA is revised twice a year effective 1st April and 1st October depending on the rise in the CPI. The Central Government and twenty-six State Governments/Union Territory Administrations have adopted VDA as a component to raise minimum wage after every six months. The Central Government has been impressing upon the remaining State Governments/U.Ts from time to time to adopt the concept of VDA. Method for Fixation/Revision of Minimum Wages under Minimum Wages Act, 1948. Under the Minimum Wages Act, 1948 fixation/revision of minimum wages is undertaken by the Committee Method and Notification Method. The minimum wages are fixed by the appropriate Governments after considering the advice of the Committees/Sub-committees and all the representations received by the specified date There is also a provision for constitution of Minimum Wages Advisory Board (MWAB) and Central Advisory Board (CAB) by Central/State Governments for the purpose of coordinating the work of the committees and sub-committees appointed under the Minimum Wages Act, 1948, advising the appropriate Governments generally in the matter of fixing and revising minimum rates of wages and coordinating the work of Advisory Boards. The MWAB and CAB consists of persons to be nominated by the appropriate Governments representing the employer and employees in the schedule D employments. It may be seen from above that all the provisions of the Convention No. 131 are being followed under the Minimum Wages Act, 1948 except those relating to coverage of all groups of workers (Article 1). Thus this Convention can be ratified only after including any other employment in the schedule by an amendment in Section 27 of the Act.

Item No. 4 : Convention No. 142 concerning Human Resources Development Human Resource is the backbone of any Organization. Properly trained and highly skilled human resource is perceived as the greatest asset of an Organization. Skilled personnel contribute to efficiency, growth, increased productivity and market reputation of an Organization. Skill development and employment linked training therefore assume substantial importance especially in developing countries.

The ILO adopted the Human Resources Development Convention No. 142 in the year 1975. The Convention imposes upon the ratifying member states the obligation to adopt and develop comprehensive and coordinated policies and programmes of vocational guidance and training linked with employment. These policies and programmes shall take due account of factors like employment needs, opportunities and problems, stage of economic and social development etc. To improve the skills and abilities of individuals without any discrimination each member state shall establish and develop systems of technical and vocational education/training and take steps for dissemination of information. The policies and programmes of vocational guidance and training shall be formulated and implemented in cooperation with employers and workers organizations. The text of the Convention No. 142 is at Annexure IV. The subject relating to vocational training and employment is included in the concurrent list. Hence laying down of policies, procedures, standard, norms,

affiliatiation, guidelines, conducting of trade test and certification are the responsibility of the Central Government whereas the implementation of vocational training and administration of employment exchanges rest with the respective State Governments/UT Administrations. In addition to these activities, the Dte General of Employment and Training (DGE&T) also runs training institutions to meet the training needs of specific target groups.

The DGE&T is an apex organization for development and coordination of the vocational training including Women's Vocational Training in the country and to provide skilled manpower to the industry besides providing Employment Services

At the National level, the DGE&T is the nodal Department for formulation of policies, laying down standards, trade testing, certification and monitoring training programmes and matters connected through in the field of vocational training and providing employment services. Other major responsibilities include research in vocational training and development of instructional material and affiliation of ITIs with National Council for Vocational Training (NCVT). However, the day-to-day administration of Employment Exchanges and Industrial Training Institutes (ITIs) rests with the respective State Governments/ UT Administrations . DGE&T offer a range of training courses catering to the needs of different segment of the society. The courses are available for the school leavers ; ITI passed out persons, ITI instructors, industrial workers, technicians, junior and middle level executives, supervisors/foremen, women, physically disabled persons and SC/STs . It also conducts training oriented Research and Development of instructional media packages for the use of trainees and instructors etc. About 965 Employment Exchanges including special Employment Exchanges and University employment information and guidance bureau are presently functioning in the country. The basic functions of the Employment Exchanges are registration of jobseekers, booking of vacancies notified by the employers, submission of registered jobseekers, booking of vacancies notified by the employers, submission of registered jobseekers to the employers against notified vacancies, providing vocational guidance and career counselling to the jobseekers etc. The computerization of employment exchanges has been identified as one of the Mission Mode projects under the National e-Governance Plan of Government of India. A national web portal is envisaged to be developed with common software programme for uniform adoption by all Employment Exchanges. This web portal will be store house of information on skilled persons required by industry and availability of skilled work force through networking of Industrial Training Institutes/Centre. Suitable financial assistance will be provided by the Central Government to the States for this purpose.

To ensure better employability of the graduates a scheme for upgradation of 500 ITIs into Centres of Excellence has been taken up by providing infrastructural facilities and introduction of multi-skill courses catering to the need of a particular cluster of industry around an ITI to produce multi-skilled workforce of world standard. Besides a scheme has also been prepared for upgradation of 1396 Government ITIs into Centres of Excellence through Public Private Partnership. Skill Development Initiative (SDI) scheme is a five year project during which one million persons would be trained or their existing skills shall be tested and certified under Modular Employable Skills The MES framework strives for skill development for early school leavers and existing workers, especially in the un-organised sector in close consultation with industry, micro enterprises, State Governments, experts and academia. The Government of India has set up two Advisory Committees viz The Central Apprenticeship Council (CAC) which is a statutory body and the National Council for Vocational Training (NCVT) which are involved at every stage of formulation of policy and norms on vocational guidance and training. Both these Committees are tripartite

bodies having suitable representation of employers and workers associations and Central/State Governments. As may be seen from above, vocational guidance and employment linked training is the joint responsibility of the Central and State Governments and the DGE&T is making an important contribution towards achieving these objectives with the involvement of social partners.. ratifying the Convention No. 142 The Committee may discuss the possibilities for

Item No. 5:

Convention No. 174 – Prevention of Major Industrial Accidents

The objective of Convention No. 174 is the prevention of major industrial accidents involving hazardous substances and minimizing of the consequences of such accidents. A member State of the ILO is required to formulate, implement and periodically review the national policy concerning protection of workers, the public and the environment against the risk of major accidents. The Convention also envisages that workers and employers organizations should be consulted in implementing the various provisions of the Convention. In India the practice has been to ratify an ILO Convention only when we are satisfied that our National Laws and practices have achieved full compliance with the provisions of the Convention in question. As per procedure under the Constitution of the ILO, the Convention was submitted to the Parliament for its information in the year 2002. The feasibility of ratifying the Convention No. 174 has been examined by Government in view of the importance attached to occupational safety and health. A Committee under the

Chairmanship of DG, FASLI was constituted to study the gaps between the national laws and practice and the relevant provisions of the Convention. No.174. The Committee in its detailed report has concluded that no difficulty is likely to be encountered in the event of ratification of the Convention and has recommended ratification of the Convention. However, the Committee has suggested certain amendments to the Major Accident Hazard Control (MAHC) Rules framed by States under the Factories Act, 1948 and the Manufacture, Storage and Import of Hazardous Chemicals (MSIHC) Rules, 1989 framed under the Environment (Protection) Act, 1986 in order to ensure full conformity of the national laws and practices with the provisions of the Convention. A latest status will be apprised during the meeting.

Item No. 6:

Convention No. 176 concerning Safety and Health in Mines

Mining is recognized as one of the most hazardous occupations. It is also a sector of major importance. Mines and related infrastructure comprise a unique and complex industry ranging from small informal enterprises using traditional manual methods to very large, highly mechanized and labour intensive operations. The occupational risk which mine workers face include continuous long-time exposure to such hazardous substances like silica, coal, asbestos, combustible dust, gases and physical factors such as noise, vibration and extreme climatic conditions as well as psychological stress associated with working alone deep below the surface. The ILO Convention No. 176 concerning Safety and Health in Mines was adopted in the year 1995 to ensure participation of the workers in implementation of Safety and Health measures in the mining industry and to protect them from any injury or fatalities or damage to the environment arising from mining operations. The member states ratifying the convention are required to formulate, carry out and periodically review a coherent policy on Safety and health in mines. Suitable changes have to be brought about in the National Laws and Regulations to provide for supervision of mining operations by competent and authorized persons, preparation of an emergency response plan, responsibility of employers to comply with prescribed Safety and Health measures and rights and duties of workers in the overall interest of their safety and health while undertaking mining operations. The objective of the Convention is to prevent all accidents and dangerous occurrences. The text of the Convention No. 176 is at Annexure V. The Mines Act, 1952 governs the policy of the Government in regard to Safety and Health in Mines. The Act seeks to regulate the working conditions in mines by providing for measures to be taken for the safety of the workers employed therein and certain amenities for them. The scope of the Convention if ratified extends the purview of the Mines Act to many new areas that are presently excluded. The Convention provides for the concept of safety management though goal setting legislation, requiring technical skill and resources on the part of the operator and acceptance of certain responsibility on safety matters on

the part of the workers and their representatives. This underlines the need for strengthening the Dte. General of Mines Safety substantially in terms of manpower, resources and training to oversee compliance of the national laws amended in line with the Convention. There is also need to have an improved work culture and efficient enforcement mechanism in place to do full justice to the provisions of the Convention. The matter regarding ratification of Convention No. 176 has been engaging the attention of Government. The issue has been discussed in several meetings in the past. The proposal for ratification of ILO Convention No. 176 was discussed in the 2 nd Plenary Session during the 10th Conference of Safety in Mines at New Delhi on 27th November, 2007. In the meeting the details of the provisions of the Convention (article wise), the existing provisions in the statute vis-vis the implications of ratification of the said Convention were discussed in detail. It was noted that some of the articles of the Convention No. 176 have already been incorporated in the existing statute and are being implemented. However, it was unanimously accepted that such a critical issue needs to be deliberated in great detail in a separate tripartite forum to better assess the preparedness of Government as well as social partners for ratification of the Convention. The Committee decided that a separate discussion be held by the Government of India in a tripartite forum to further deliberate upon the matter. presentation during the meeting. DGMS will make a brief

Item No. 7 :

Convention No. 111 Discrimination (Employment & Occupation) w.r.t second global Report on Equality at Work published by the ILO.

The second Global Report on discrimination under the follow-up to the ILO Declaration on Fundamental Principles and Rights at Work examines emerging issues in patterns of workplace discrimination and inequalities and recent policy responses, and outlines the ILO’s experience and achievements to date and the challenges it faces. It points to the need for better enforcement of legislation against discrimination, as well as non-regulatory initiatives by governments and enterprises, and equipping the social partners to be more effective in making equality a reality at the workplace. The Report puts forward other proposals for future action, including making equality a mainstream objective of the ILO’s Decent Work Country Programmes. The Global Report describes major advances in the struggle against discrimination, including progress in ratification of related ILO Conventions, as well as improvements of the national legal and institutional fronts, and action plans and programmes to combat inequalities stemming from discrimination. The Report recommends achieving equality and reducing discrimination at the workplace by complementing traditional measures with other policy instruments. Comprehensive laws, effective enforcement mechanisms, active labour market policies and free trade agreements. The Report expresses concern at the new forms of discriminations such as unfair treatment to persons with disabilities and HIV/AIDS. It emphasizes on full utilization of potential of labour inspection to deal with discrimination. The Report speaks about the critical role of social partners in key areas such as collective bargaining to bring about concrete changes in the working lives of those subject to discrimination and the need to formulate a model code of conduct or guidelines for promoting equal treatment and opportunities for all. The Global Report also demonstrates that enterprises can adapt their human resources management practices and policies through non-regulatory measures like CSR (Corporate Social Responsibility) initiatives. While talking about labour laws the Report observes that although a number of recent laws have begun to refer to ‘identical work’ they do not include the notion of ‘work of equal value’.

The Government of India is committed to address all forms of discrimination, in its traditional and contemporary connotations. We have ratified the ILO Convention No. 111 concerning Discrimination (Employment and Occupation) and Convention No. 100 concerning Equal Remuneration. Our Constitution does not allow discrimination in any form. The Minimum Wages Act, 1948 provides or reasonable minimum wages to workers. The Equal Remuneration Act 1976 ensures equal payment to both men and women for performing similar nature of work. A proper mechanism both at the Central and State level is in place for stringent enforcement of these legislations by way of periodical inspection and review. India has taken various steps to address issues concerning gender inequality and remove discrimination against women. Schemes are being implemented to provide access to education and vocational training to women. Some percentage of reservation is also being provided for women in various employment generating welfare schemes being operated by the Government of India. Steps have been taken to prevent instances of sexual harassment at the workplace by amending services rules and setting up Women Cells. To tackle the issue of discrimination with disabled persons a special Legislation is in operation. The Legislation covers employment and vocational training, job, reservations, rehabilitation and unemployment allowance for the disabled employees. Incentives are also being provided to encourage employment of persons with disability in the private sector. The Government of India is making concerted efforts to prevent and control the spread of AIDS through the National AIDS Control Programme. Besides providing reservation in Government Services for socially disadvantaged groups like SC/ST/OBCs and minorities, Government is also implementing special schemes to help candidates belonging to these categories to compete with general category candidates for recruitment to jobs The Members of the Committee may like to express their views about implementing the recommendations/suggestions given in the second Global Report on Equality at Work.

Item No.8 :

Placing Convention No. 187 (Promotional Framework for Occupational Safety and Health) before the Parliament for information.

The International Labour Conference at its 95th Session held in Geneva in 2006 adopted the following International Labour Instruments. I. Promotional Framework for Occupational Safety and Health Convention 2006

(No. 187). II. Promotional Framework for Occupational Safety and Health Recommendation,

2006 (No.197). The Convention No. 187 provides for safe and healthy working environment through a National System and National Programme on occupational safety and health by taking into account, the principles set out in instruments of the International Labour Organization (ILO). Promotion of Occupational Safety and Health is part of ILO’s agenda of Decent Work for all. The need for adopting this Convention was due to a global strategy adopted by the ILO, in particular, for ensuring that priority is given to occupational safety and health in the national agenda of the member countries. The provisions contained in the Recommendation are to be applied in conjunction with those of the Promotional Framework for Occupational Safety and Health Convention No. 187. The Recommendation envisages taking measures to protect the safety and health of all workers, in particular, workers in the high risk sectors and also focuses on women workers. The text of the Convention No. 187 is at Annexure VI. The Government of India has submitted a Statement enclosing the text of the aforesaid ILO Convention and Recommendation before the competent authority i.e. Parliament of India (in the Rajya Sabha on 28.11.2007 and in the Lok Sabha on 3rd December, 2007) in compliance of provisions of Article 19 of the ILO Constitution. The Convention envisages formulation of a National Policy and National System of occupational safety and health. Views of the members are solicited on this.

Minutes of the 30th Session of the Tripartite Committee on Conventions held on 15 th May, 2007 in the Committee Room of the Ministry of Labour & Employment, Shram Shakti Bhawan, New Delhi

The meeting of the 30th Session of the Committee on Conventions was held under the Chairpersonship of Smt. Sudha Pillai, Secretary (L&E) on 15th of May, 2007 in the Committee Room ‘C’ Wing, Shram Shakti Bhawan, New Delhi. A list of the participants is appended. 2 At the outset, Secretary (L&E) welcomed all the representatives of the Employer’s and Workers’ Organizations, State Governments and Central Ministries/Departments. In her opening note, the Secretary (L&E) underlined the importance of the Committee on Conventions and briefly mentioned the 7 (Seven) Agenda Items of the meeting. She then, opened the floor to the participants for discussion. 3. In their preliminary remarks, Shri Dev Roy and Shri Shankar Saha emphasized the need for addressing the issues relating to outsourcing, sub-contracting and exploitation of labour by the MNCs. 4. Shri Thampan Thomas, Workers representative from the HMS stressed the urgency of calling this meeting as frequently as possible. He stated that there should be atleast two meetings in a year, one before the International Labour Conference and one in between. Mr. Dev Roy from CITU and Shri Shankar Saha from UTUC (LS) supported the view point of Mr. Thomas regarding the frequency of convening of the meeting of the Committee on Conventions. 5. Assuring the members that the Committee on Conventions would be convened twice a year, once around mid May and then in mid December, the Chairperson requested the participants to take up the issues under the agenda items. 6. The first item of the agenda was consideration and approval of the minutes of the last meeting. This was unanimously approved. 7. Taking up the second agenda Item – Follow up action on the minutes of the last meeting – for discussion , the Secretary (L&E) requested Shri Anil Swarup, DGLW to brief the participants regarding the action taken with respect to the ILO Convention No. 167 concerning Safety and Health in construction and No. 177 concerning Home based work. 8. Shri Anil Swaroop, whild informing the participants regarding the efforts of the Central Government w.r.t. the ILO Convention No. 167, stated that the Central Government is taking up emphatically with the State Governments to come up with either new rules or adopt the rules and regulations notified by the Central Government in this regard. He further mentioned about constitution of a group by the PMO chaired by the Secretary (L&E) for the proper

implementation of the Building and Construction Workers’ (Regulation of Employment and Conditions of Service) Act, 1996 in the country. 9. The Secretary desired to know from the State Governments about the implementation of the Building and Construction Workers’ Act. Shri J.P. Dange, Principal Secretary, Labour Department, Government of Maharashtra mentioned that Maharashtra has adopted rules in this regard and would very shortly implement them. In this connection, Shri S.K. Das, Labour Secretary, West Bengal spoke about the need for some amendments to the relevant State Acts and Rules to implement the various provisions of the relevant Central Act. 10. Shri Anil Swarup observed that there is a need to set up a small group that would work on areas where there is some lack of clarification and look into all the suggestions from relevant sources before amendment of Acts and Rules are undertaken to bring it in line with Building and Construction Workers’ (Regulation of Employment and Conditions of Services) Act, 1996. 11. Shri Babulal Todi , Employer Representative from AIMO expressed his apprehension regarding implementation of the Building and Construction Act, especially in the rural areas and suggested that infrastructure must be created before notification. In this regard, Shri Anil Swarup clarified that the Act is applicable to buildings worth Rs. 10 Lakhs and above and mentioned that in rural areas very few buildings would belong to that cost category. 12. Shri Thampan Thomas, expressing his reservations regarding the views of Shri Todi, emphasized the urgency of implementation of the Act, especially in rural areas in the light of many Special Economic Zones coming up in these areas. 13. Replying to Shri Dev Roye’s query regarding possible action by the Central Government in the event of non compliance by the State of the rules, Shri Anil Swarup, DGLW observed that in a federal country like India, the Centre can only pursue with the State to adopt relevant rules and implement them. 14. Shri Hasubhai Dave from BMS expressed his doubts regarding the utility of Central Law, when they can not be enforced. In this regard, Shri Anil Swaroop clarified that when we are considering the possible ratification the convention No. 167, we should ensure that relevant rules, Acts and Regulations are in place both at the Centre and in the States. Mentioning that 50% of the States are abiding by the relevant central rules and the fact that the level of preparedness among States is not the same, he assured that by the next meeting, the picture will be clearer. 15. Intervening on the issue of implementation of the Building and Construction Act, 1996 in the States, the Secretary (L&E) noted that considerable progress has been made in the implementation of this Act and some of the States are doing better than the Centre in this regard and some have even urged to do away with the Rs. 10 Lakh ceiling.

16. Responding to the Secretary (L&E)’s request concerning the progress made in the proposed ratification of the ILO Convention No. 177 relating to home based workers, the DGLW stated that the process is at a very initial stage and policy for home based workers is at present being worked out. 17. The Secretary (L&E) clarified doubts of the participants regarding the definition of home work and pointed out that home based work is a work carried out by a person in his or her home or in other premises of his/her choice other than the work place of the employer. 18. The issue of progress towards ratification of the ILO Convention No. 174 concerning Prevention of Major Industrial Accidents was taken up by the Chairperson. Shri S.K. Srivastava, Joint Secretary apprising the participants regarding the progress made in the proposed ratification of the Convention mentioned about positive endorsement of the Ministry of Law in this matter and assured the Members of something substantive in the December, 2007 meeting in this matter. 19. On the issue of progress in the direction of early ratification of the ILO Convention Nos. 182 & 138 concerning Child Labour, Chairperson requested Shri S.K. Srivastava, JS to updated the Members in this regard. Shri Srivastava, JS mentioned that one of the obstacles on the way to ratification of this Conventions is the age of entry into employment as due to our socio-economic realities we can not possibly deviate from 14 years as the minimum age whereas the relevant provision of the ILO Conventions 138 & 182 prescribe the minimum age to be 18 years. He further stressed that the Government of India along with the State Governments are totally in favour of the Convention on elimination of worst from of child labour and informed the members regarding the action taken by the Central Government in this direction. In this context Sh. S.K. Srivastava, Joint Secretary mentioned that 9 additional occupations are now being examined for inclusion under the list of hazardous occupations/processes. 20. Shri Swedesh Dev Rai, from CITU, Shri Thampan Thomas from HMS Shri Ashok Singh from INTUC and Shri H. Mahadevan from AITUC expressed their views in favour of early ratification of the ILO Convention No. 182. 21. The Chairperson requested Shri S.G. Darvhekar from the O/o DG, FASLI to inform the participants as regards our preparedness in respect of ratification of Occupational Safety and Health Conventions like Convention No. 155 concerning OSH and working environment, No. 161 concerning Occupational health Services and No. 170 concerning Safety in the Use of Chemical at Work. 22. Shri S.G. Darvhekar referring to Convention No. 155 while pointing out certain deficiencies concerning Article 4 of the Convention that required formulation of coherent National Policy in this regard, informed the members about such a proposal being actively considered. He further pointed out certain provision of the Convention that provided for unilateral interruption of work by the workers in the event of imminent danger and mentioned

that the relevant provision under the Factories Act provides for warning by the workers to the employers in such situation. He felt that suitable provisions in the Acts/Rules need to be made permitting the workers to remove themselves from the workplace in the event of imminent danger. 23. Shri S.K. Srivastava, Joint Secretary intervening in the discussion on early ratification of the Convention No. 155 remarked that the process of tripartite consultations, interaction with the State Governments and proposals for amendment of relevant Acts/Rules are under active consideration by the Ministry of Labour & Employment and hoped that these efforts would yield positive results. 24. Smt. Sudha Pillai, Secretary (Labour & Employment) mentioning that there are 50 ILO OSH Conventions, assured the members that the examination of feasibility of ratification of these Conventions would be accorded high priority by the Ministry, She then requested the representative from DG, FASLI, Shri S.G. Darvhekar to clarify the position in respect of ILO Convention No 161. 25. Shri Davhekar informed the participants that while relevant provision exist under Dock Workers (Safety, Health and Welfare) Regulation, 1990 and Factories Act, 1948, such provision need to be made in respect of activities other than those covered by the above Acts. 26. Referring to the need for ratifying ILO Convention No. 170, Shri H. Mahadevan from AITUC, Shri Shankar Saha from UTUC (LS) emphasized the urgency of banning production of those chemicals in India which are banned in other countries. In this regard, the Secretary (L&E) while reiterating the deep concern of the Ministry of Labour & Employment regarding the occupational safety and health condition of our workers, pointed out that before going for ratification of these Conventions, it has to be ensured that the relevant National Laws and Practices should be in conformity with the concerned provisions of these Conventions. In this context, she underlined the importance of cooperation of the social partners. 27. The Secretary took up the third item on the agenda of the meeting concerning ILO Convention No. 127 regarding maximum permissible weight to be carried by one worker for discussion and requested Shri S.K. Srivastava to inform the members regarding the progress made in the direction of proposed ratification of the Convention No. 127. 28. Shri S.K. Srivastava speaking on the issue mentioned about the implication of the ratification of Convention No. 127, the results of our efforts in this direction and our main concerns in this regard. In this context, he mentioned the need for amendments in Acts covering economic activities other than those coming under Factories Act. He also point out that the Factories Act, 1948 provides a good bench mark on this matter. Speaking on this issue, Shri S.G. Darvhekar mentioned that the Factories Act, 1948 prescribes maximum weight to be carried by male workers as 55 kg. and for woman workers the limit is 30 kg.

29. Shri Hasu Bhai Dave from BMS, Shri Thampan Thomas from HMS and Shri S. Dev Roye from CITU urged for the early ratification of the ILO Convention No. 127. 30. Secretary (L&E) bringing before the members the progress made till date in respect of the implementation of the maximum weight limit proposed by the accompanying Recommendation No. 128 assured the participants that a Cabinet Note proposing ratification of this Convention will be prepared as soon as possible. 31. The 4th Item on the Agenda – placing the Maritime Labour convention (MLC), 2006 before both the House of the Parliament – was taken up and Shri S.K. Srivastava, Joint Secretary brought to the notice of the members the efforts of the Ministry of Labour & Employment with regard to pursuing the matter with the Deptt. of Shipping with a view to expedite the consideration of the feasibility of ratification of the Consolidated Maritime Convention and also those unratified Conventions revised, updated and replaced by the MLC, 2006. 32. Taking up the 5th Item on the Agenda relating to Examination of the Possibility of Ratification of the ILO Convention No. 162 concerning Safety in the use of Asbestos, Shri S.K. Srivastava presented before the participants the various initiatives undertaken by the Ministry with the concerned Ministries/Departments/Offices with a view to examine the feasibility of ratifying the ILO Convention No. 162. 33. The representatives of the various Workers’ Organizations thanked the Chair for the effort of the Ministry in the direction of proposed ratification of the Convention No. 162 and contended that Asbestos being a harmful material, should be banned in India. 34. Shri. S.G. Darvhekar from DGFASLI, Mumbai mentioned that certain items need to be defined in the Mines and Factories Acts to bring them in consonance with the relevant provisions of the Convention No. 162. He also emphasized the need for making provision for the replacement of Asbestos by some other material as required by the ILO Convention No. 162. 35. The 6th Item on the Agenda related to Technical Items to be discussed in the forthcoming June, 2007 International Labour Conference and the Chairperson requested Ms. Rie Vejs Kjeldgaard, Deputy Director, ILO, SRO, New Delhi to take the floor and apprise the Members in this regard 36. Ms. Rie Vejs Kjeldgaard noting that the gist of technical items being appropriately reflected in the agenda document, wanted to know from the participants regarding areas of concerns with respect to those items. 37. Speaking on the issued of adoption of the proposed Fishing sector Convention in the 96 th Session of the ILC, Shri Shankar Saha from UTUC(LS), Shri Thampan Thomas from HMS and Shri Mahadevan from AITUC expressed their support for the adoption of the proposed Convention.

38. Shri M.K.R. Nair, Jt. Commissioner (Fisheries), Department of Animal Husbandry Dairying and Fishing speaking regarding the views of his Department in respect of the proposed Convention on the Fishing sector expressed concerns regarding specific issues like number of boats and their coverage, hiring of boats, shore based fishing where no boats are involved, length and coverage of vessels and requirement of adequate enforcement machinery. He also wanted that there should be no duplication in the relevant provision of the instrument adopted by the FAO, IMO and the ILO on the subject. 39. Shri Babulal Todi, Employer Representative from AIMO expressed his concerns with respect to implication of the application of the proposed Convention for fishing vessels of length less than 24 meters but remaining at sea for more than three days. 40. Replying to Shri Dev Roye’s query as regards the mode of taking up the three technical items for discussion in the 96th ILC, Shri S.K. Srivastava informed the Members that the discussion would take place in the Committees, the standards setting on the fishing sector will be governed by a single discussion, there will be general discussions on the item relating to strengthening of ILO’s capacity to assist its Member’s efforts to reach it objectives in the context of globalization and the item concerning sustainable enterprises. 41. Smt. Sudha Pillai, Secretary (L&E) presenting the last item on the agenda of the meeting requestrd the social partners to send requisite information in respect of the ILO Article 22 Report on time so as to facilitate sending of a consolidated report to the ILO within the stipulated time frame. 42. Secretary (L&E) then thanked all the participants for offering their valuable suggestions.

The meeting ended with a vote of thanks proposed by Shri S.K. Srivastava, Joint Secretary to the Chair.

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Appendix 30th Session of the Tripartite Committee on Convention held on 15th May, 2007 in the Ministry of Labour & Employment, New Delhi LIST OF PARTICIPANTS Smt. Sudha Pillai, Secretary (Labour & Employment) in the Chair Workers’ Group 1. 2. 3. 4. 5. 6. 7. 8. Shri Thampan Thomas, HMS. Shri Shankar Saha, UTUC (LS) Shri Ashok Singh, INTUC Shri Swadesh Dev Roye, CITU Shri H. Mahadevan, AITUC Shri Hasubhai Dave, BMS] Shri Paritosh K. Mukhopadhyay, NFITU Shri O.P. Verma, Senior Vice President, NFITU.

Employers’ Group 1. 2. 3. 4. 5. 6. 7. Shri Vineet Virmani, ASSOCHAM Shri Sushil Kumar Gupta, Laghu Udyog Bharti Shri Sharad S. Patil, EFI – CIE. Shri Mohit Gandhi, CII Shri Saptarishi Roy, CII Shri Babulal B. Todi, AIMO Shri Kamal Ohri, LUB

State Governments 1. 2. 3. 4. 5. 6. 7. Shri B.B. Pal, Commissioner, Labour & Employment Deptt. Orissa. Shri J.P. Dange, Principal Secretary, Labour Department, Maharashtra. Shri R.K. Khanna, Secretary, Labour & Employment, Tamil Nadu. Shri S.K. Das, Secretary, Labour Department West Bengal. Shri Vyas Ji, Secretary, Labour Resources, Bihar. Shri N.K. Wadhawan, Labour Commissioner, Punjab. Shri Charanjit Bhatia, Asstt. Labour Commissioner, Punjab.

Central Ministries/Departments 1. Shri R.N. Tripathy, Deputy Secretary, M/o Shipping. 2. Shri D.K. Dhawan, General Manager, Food Corporation of India.

3. 4. 5. 6. 7.

Dr. S.C. Roy, Directorate of Sugar, M/o Food & Public Distribution. Shri M.K.R. Nair, Jt. Commissioner (Fy), D/o Animal Husbandry, Dairying & Fisheries. Shri. A.C. Ojha, Under Secretary (MA), D/o Shipping. Shri C.M. Sharma, Under Secretary (PH), M/o Health & Family Welfare. Shri J.P. Gupta, Food Corporation of India.

ILO Sub-Regional Office 1. 2. 3. 4. Ms. Rie Vejs Kjeldgaard, Deputy Director, ILO Sub-Regional Office, New Delhi. Mr. Anandan Menon, Programme Officer, ILO Sub-Regional Office, New Delhi. Ms. Neetu Lamba, Programme Officer, ILO Sub-Regional Office, New Delhi Mr. Pong Sul Ahn, Sr. Specialist on Workers’ Activities, ILO Sub-Regional Office, New Delhi. 5. Mr. Coofa Dasanayaka, Sr. Employers Activities Specialist, ILO Sub-Regional Office, New Delhi. 6. Shri K.S. Ravichandran, Programme Officer, ILO Sub-Regional Office, New Delhi 7. Ms. Anjana Chellani, Programme Officer, ILO Sub-Regional Officer, New Delhi. Ministry of Labour & Employment. 1. Shri S.K. Srivastava, Joint Secretary. 2. Ms. Gurjot Kaur, Joint Secretary. 3. Shri. S.G. Darvhekar, Director General (FASLI). 4. Shri Anil Swarup, Director General (Labour Welfare) 5. Shri S.K. Mukhopadhyay, CLC (C). 6. Shri M.M. Sharma, DGMS. 7. Shri Ashok Sahu, Economic Adviser. 8. Shri Anup Biswas, Direcotr (MSE), DGMS. 9. Shri A.V. Singh, Director 10. Shri Shahid Meezan, Director 11. Shri C.A. Bhaskaran, Director 12. Smt. Harjot kaur, Deputy Secretary 13. Ms. Kalyani Mishra, Deputy Director 14. Smt. Pramod Sharma, Economic Officer.

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Annexure II C131 Minimum Wage Fixing Convention, 1970 The General Conference of the International Labour Organisation, Having been convened at Geneva by the Governing Body of the International Labour Office, and having met in its Fifty-fourth Session on 3 June 1970, and Noting the terms of the Minimum Wage-Fixing Machinery Convention, 1928, and the Equal Remuneration Convention, 1951, which have been widely ratified, as well as of the Minimum Wage Fixing Machinery (Agriculture) Convention, 1951, and Considering that these Convention have played a valuable part in protecting disadvantaged groups of wage earners, and Considering that the time has come to adopt a further instrument complementing these Conventions and providing protection for wage earners against unduly low wages, which, while of general application, pays special regard to the needs of developing countries, and Having decided upon the adoption of certain proposals with regard to minimum wage fixing machinery and related problems, with special reference to developing countries, which is the fifth item on the agenda of the session, and Having determined that these proposals shall take the form of an international Convention, adopts this twenty-second day of June of the year one thousand nine hundred and seventy the following Convention, which may be cited as the Minimum Wage Fixing Convention, 1970: Article 1 1. Each Member of the International Labour Organisation which ratifies this Convention undertakes to establish a system of minimum wages which covers all groups of wage earners whose terms of employment are such that coverage would be appropriate. 2. The competent authority in each country shall, in agreement or after full consultation with the representative organisations of employers and workers concerned, where such exist, determine the groups of wage earners to be covered. 3. Each Member which ratifies this Convention shall list in the first report on the application of the Convention submitted under Article 22 of the Constitution of the International Labour Organisation any groups of wage earners which may not have been covered in pursuance of this Article, giving the reasons for not covering them, and shall state in subsequent reports the positions of its law and practice in respect of the groups not covered, and the extent to which effect has been given or is proposed to be given to the Convention in respect of such groups.

Article 2 1. Minimum wages shall have the force of law and shall not be subject to abatement, and failure to apply them shall make the person or persons concerned liable to appropriate penal or other sanctions. 2. Subject to the provisions of paragraph 1 of this Article, the freedom of collective bargaining shall be fully respected. Article 3 The elements to be taken into consideration in determining the level of minimum wages shall, so far as possible and appropriate in relation to national practice and conditions, include-(a) the needs of workers and their families, taking into account the general level of wages in the country, the cost of living, social security benefits, and the relative living standards of other social groups; (b) economic factors, including the requirements of economic development, levels of productivity and the desirability of attaining and maintaining a high level of employment. Article 4 1. Each Member which ratifies this Convention shall create and/or maintain machinery adapted to national conditions and requirements whereby minimum wages for groups of wage earners covered in pursuance of Article 1 thereof can be fixed and adjusted from time to time. 2. Provision shall be made, in connection with the establishment, operation and modification of such machinery, for full consultation with representative organisations of employers and workers concerned or, where no such organisations exist, representatives of employers and workers concerned. 3. Wherever it is appropriate to the nature of the minimum wage fixing machinery, provision shall also be made for the direct participation in its operation of-(a) representatives of organisations of employers and workers concerned or, where no such organisations exist, representatives of employers and workers concerned, on a basis of equality; (b) persons having recognised competence for representing the general interests of the country and appointed after full consultation with representative organisations of employers and workers concerned, where such organisations exist and such consultation is in accordance with national law or practice.

Article 5 Appropriate measures, such as adequate inspection reinforced by other necessary measures, shall be taken to ensure the effective application of all provisions relating to minimum wages. Article 6 This Convention shall not be regarded as revising any existing Convention. Article 7 The formal ratifications of this Convention shall be communicated to the Director-General of the International Labour Office for registration. Article 8 1. This Convention shall be binding only upon those Members of the International Labour Organisation whose ratifications have been registered with the Director-General. 2. It shall come 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 twelve months after the date on which its ratification has been registered. Article 9 1. A Member which has ratified this Convention may denounce it after the expiration of ten years from the date on which the Convention first comes 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. 2. Each Member which has ratified this Convention and which does not, within the year following the expiration of the period of ten years mentioned in the preceding paragraph, exercise the right of denunciation provided for in this Article, will be bound for another period of ten years and, thereafter, may denounce this Convention at the expiration of each period of ten years under the terms provided for in this Article.

Article 10 1. The Director-General of the International Labour Office shall notify all Members of the International Labour Organisation of the registration of all ratifications and denunciations communicated to him by the Members of the Organisation.

2. When notifying the Members of the Organisation of the registration of the second ratification communicated to him, the Director-General shall draw the attention of the Members of the Organisation to the date upon which the Convention will come into force. Article 11 The Director-General of the International Labour Office shall communicate to the SecretaryGeneral of the United Nations for registration in accordance with Article 102 of the Charter of the United Nations full particulars of all ratifications and acts of denunciation registered by him in accordance with the provisions of the preceding Articles. Article 12 At such times as it may consider necessary the Governing Body of the International Labour Office shall present to the General Conference a report on the working of this Convention and shall examine the desirability of placing on the agenda of the Conference the question of its revision in whole or in part. Article 13 1. Should the Conference adopt a new Convention revising this Convention in whole or in part, then, unless the new Convention otherwise provides: a) the ratification by a Member of the new revising Convention shall ipso jure involve the immediate denunciation of this Convention, notwithstanding the provisions of Article 9 above, if and when the new revising Convention shall have come into force; b) as from the date when the new revising Convention comes into force this Convention shall cease to be open to ratification by the Members. 2. This Convention shall in any case remain in force in its actual form and content for those Members which have ratified it but have not ratified the revising Convention. Article 14 The English and French versions of the text of this Convention are equally authoritative.

ANNEXURE III SCHEDULED EMPLOYMENTS FOR WHICH CENTRAL GOVERNMENTS HAS FIXED MINIMUM WAGES UNDER THE MINIMUM WAGES ACT, 1948 S. No. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Name of Employment Agriculture Construction/Maintenance of Roads and Building Operations. Maintenance of buildings Construction and Maintenance of Runways. Gypsum mines. Barytes mines. Bauxite mines Manganese mines. China Clay mines. Kyanite mines. Copper mines. Clay mines. Stone mines White Clay mines. Ochre mines. Fire Clay mines. Steatite (Soapstone and Tale) Mines. Asbestos mines. Chromite mines. Quartzite Mines Quartz mines Silica mines. Magnesite Mines Graphite mines. Felspar mines. Red Oxide mines. Laterite mines Dolomite mines Iron Ore mines. Granite mines. Wolfram mines Magnetite mines. Rock phosphate mines Hematite mines. Mica mines. Marble and Calcite Mines Mica mines. Employment in Lignite Mines. Employment in Gravel Mines. Minimum Wages per day (in Rs.) 107.78 67.43 67.43 67.43 67.43 67.43 67.43 67.43 67.43 67.43 67.43 67.43 67.43 67.43 67.43 67.43 67.43 67.43 67.43 67.43 67.43 67.43 67.43 67.43 67.43 67.43 67.43 67.43 67.43 67.43 67.43 67.43 67.43 67.43 67.43 67.43 67.43 67.43 67.43

40 41

42 43 44 45 46

Employment in the Slate Mines. Employment in laying down of underground electric, wireless, radio, television, telephones, telegraph and overseas communication cables and similar other underground cabling, electric lines water supply lines and sewerage pipe lines. Loading, Unloading in Railways Goods Shed Ash Pit Cleaning in Railways Stone Breaking and Stone Crushing Security Services* Sweeping and cleaning *Rate as per draft Notification

67.43 67.43

67.43 67.43 87.24 70.00 Not yet fixed

Annexure IV C142 Human Resources Development Convention, 1975 The General Conference of the International Labour Organisation, Having been convened at Geneva by the Governing Body of the International Labour Office, and having met in its Sixtieth Session on 4 June 1970, and Having decided upon the adoption of certain proposals with regard to human resources development: vocational guidance and vocational training, which is the sixth item on the agenda of the session, and Having determined that these proposals shall take the form of an international Convention, adopts this twenty-third day of June of the year one thousand nine hundred and seventy-five the following Convention, which may be cited as the Human Resources Development Convention, 1975: Article 1 1. Each Member shall adopt and develop comprehensive and co-ordinated policies and programmes of vocational guidance and vocational training, closely linked with employment, in particular through public employment services. 2. These policies and programmes shall take due account of -(a) employment needs, opportunities and problems, both regional and national; (b) the stage and level of economic, social and cultural development; and (c) the mutual relationships between human resources development and other economic, social and cultural objectives. 3. The policies and programmes shall be pursued by methods that are appropriate to national conditions. 4. The policies and programmes shall be designed to improve the ability of the individual to understand and, individually or collectively, to influence the working and social environment. 5. The policies and programmes shall encourage and enable all persons, on an equal basis and without any discrimination whatsoever, to develop and use their capabilities for work in their own best interests and in accordance with their own aspirations, account being taken of the needs of society. Article 2

With the above ends in view, each Member shall establish and develop open, flexible and complementary systems of general, technical and vocational education, educational and vocational guidance and vocational training, whether these activities take place within the system of formal education or outside it. Article 3 1. Each Member shall gradually extend its systems of vocational guidance, including continuing employment information, with a view to ensuring that comprehensive information and the broadest possible guidance are available to all children, young persons and adults, including appropriate programmes for all handicapped and disabled persons. 2. Such information and guidance shall cover the choice of an occupation, vocational training and related educational opportunities, the employment situation and employment prospects, promotion prospects, conditions of work, safety and hygiene at work, and other aspects of working life in the various sectors of economic, social and cultural activity and at all levels of responsibility. 3. The information and guidance shall be supplemented by information on general aspects of collective agreements and of the rights and obligations of all concerned under labour law; this information shall be provided in accordance with national law and practice, taking into account the respective functions and tasks of the workers' and employers' organisations concerned. Article 4 Each Member shall gradually extend, adapt and harmonise its vocational training systems to meet the needs for vocational training throughout life of both young persons and adults in all sectors of the economy and branches of economic activity and at all levels of skill and responsibility. Article 5 Policies and programmes of vocational guidance and vocational training shall be formulated and implemented in co-operation with employers' and workers' organisations and, as appropriate and in accordance with national law and practice, with other interested bodies. Article 6 The formal ratifications of this Convention shall be communicated to the Director-General of the International Labour Office for registration. Article 7 1. This Convention shall be binding only upon those Members of the International Labour Organisation whose ratifications have been registered with the Director-General.

2. It shall come 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 twelve months after the date on which its ratification has been registered. Article 8 1. A Member which has ratified this Convention may denounce it after the expiration of ten years from the date on which the Convention first comes 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. 2. Each Member which has ratified this Convention and which does not, within the year following the expiration of the period of ten years mentioned in the preceding paragraph, exercise the right of denunciation provided for in this Article, will be bound for another period of ten years and, thereafter, may denounce this Convention at the expiration of each period of ten years under the terms provided for in this Article. Article 9 1. The Director-General of the International Labour Office shall notify all Members of the International Labour Organisation of the registration of all ratifications and denunciations communicated to him by the Members of the Organisation. 2. When notifying the Members of the Organisation of the registration of the second ratification communicated to him, the Director-General shall draw the attention of the Members of the Organisation to the date upon which the Convention will come into force. Article 10 The Director-General of the International Labour Office shall communicate to the SecretaryGeneral of the United Nations for registration in accordance with Article 102 of the Charter of the United Nations full particulars of all ratifications and acts of denunciation registered by him in accordance with the provisions of the preceding Articles. Article 11 At such times as it may consider necessary the Governing Body of the International Labour Office shall present to the General Conference a report on the working of this Convention and shall examine the desirability of placing on the agenda of the Conference the question of its revision in whole or in part.

Article 12 1. Should the Conference adopt a new Convention revising this Convention in whole or in part, then, unless the new Convention otherwise provides: a) the ratification by a Member of the new revising Convention shall ipso jure involve the immediate denunciation of this Convention, notwithstanding the provisions of Article 8 above, if and when the new revising Convention shall have come into force; b) as from the date when the new revising Convention comes into force this Convention shall cease to be open to ratification by the Members. 2. This Convention shall in any case remain in force in its actual form and content for those Members which have ratified it but have not ratified the revising Convention. Article 13 The English and French versions of the text of this Convention are equally authoritative.

Annexure V C176 Safety and Health in Mines Convention, 1995 The General Conference of the International Labour Organization, Having been convened at Geneva by the Governing Body of the International Labour Office, and having met in its Eighty-Second Session on 6 June 1995, and Noting the relevant International Labour Conventions and Recommendations and, in particular, the Abolition of Forced Labour Convention, 1957; the Radiation Protection Convention and Recommendation, 1960; the Guarding of Machinery Convention and Recommendation, 1963; the Employment Injury Benefits Convention and Recommendation, 1964; the Minimum Age (Underground Work) Convention and Recommendation, 1965; the Medical Examination of Young Persons (Underground Work) Convention, 1965; the Working Environment (Air Pollution, Noise and Vibration) Convention and Recommendation, 1977; the Occupational Safety and Health Convention and Recommendation, 1981; the Occupational Health Services Convention and Recommendation, 1985; the Asbestos Convention and Recommendation, 1986; the Safety and Health in Construction Convention and Recommendation, 1988; the Chemicals Convention and Recommendation, 1990; and the Prevention of Major Industrial Accidents Convention and Recommendation, 1993, and Considering that workers have a need for, and a right to, information, training and genuine consultation on and participation in the preparation and implementation of safety and health measures concerning the hazards and risks they face in the mining industry, and Recognizing that it is desirable to prevent any fatalities, injuries or ill health affecting workers or members of the public, or damage to the environment arising from mining operations, and Having regard to the need for cooperation between the International Labour Organization, the World Health Organization, the International Atomic Energy Agency and other relevant institutions and noting the relevant instruments, codes of practice, codes and guidelines issued by these organizations, and Having decided upon the adoption of certain proposals with regard to safety and health in mines, which is the fourth item on the agenda of the session, and Having determined that these proposals shall take the form of an international Convention; adopts this twenty-second day of June of the year one thousand nine hundred and ninety-five the following Convention, which may be cited as the Safety and Health in Mines Convention, 1995: PART I. DEFINITIONS Article 1

1. For the purpose of this Convention, the term mine covers (a) surface or underground sites where the following activities, in particular, take place: (i) exploration for minerals, excluding oil and gas, that involves the mechanical disturbance of the ground; (ii) extraction of minerals, excluding oil and gas; (iii) preparation, including crushing, grinding, concentration or washing of the extracted material; and (b) all machinery, equipment, appliances, plant, buildings and civil engineering structures used in conjunction with the activities referred to in (a) above. 2. For the purpose of this Convention, the term employer means any physical or legal person who employs one or more workers in a mine and, as the context requires, the operator, the principal contractor, contractor or subcontractor. PART II. SCOPE AND MEANS OF APPLICATION Article 2 1. This Convention applies to all mines. 2. After consultations with the most representative organizations of employers and workers concerned, the competent authority of a Member which ratifies the Convention: (a) may exclude certain categories of mines from the application of the Convention, or certain provisions thereof, if the overall protection afforded at these mines under national law and practice is not inferior to that which would result from the full application of the provisions of the Convention; (b) shall, in the case of exclusion of certain categories of mines pursuant to clause (a) above, make plans for progressively covering all mines. 3. A Member which ratifies the Convention and avails itself of the possibility afforded in paragraph 2(a) above shall indicate, in its reports on the application of the Convention submitted under article 22 of the Constitution of the International Labour Organization, any particular category of mines thus excluded and the reasons for the exclusion.

Article 3 In the light of national conditions and practice and after consultations with the most representative organizations of employers and workers concerned, the Member shall formulate, carry out and periodically review a coherent policy on safety and health in mines, particularly with regard to the measures to give effect to the provisions of the Convention. Article 4 1. The measures for ensuring application of the Convention shall be prescribed by national laws and regulations. 2. Where appropriate, these national laws and regulations shall be supplemented by: (a) technical standards, guidelines or codes of practice; or (b) other means of application consistent with national practice, as identified by the competent authority. Article 5 1. National laws and regulations pursuant to Article 4, paragraph 1, shall designate the competent authority that is to monitor and regulate the various aspects of safety and health in mines. 2. Such national laws and regulations shall provide for: (a) the supervision of safety and health in mines; (b) the inspection of mines by inspectors designated for the purpose by the competent authority; (c) the procedures for reporting and investigating fatal and serious accidents, dangerous occurrences and mine disasters, each as defined by national laws or regulations; (d) the compilation and publication of statistics on accidents, occupational diseases and dangerous occurrences, each as defined by national laws or regulations; (e) the power of the competent authority to suspend or restrict mining activities on safety and health grounds, until the condition giving rise to the suspension or restriction has been corrected; and (f) the establishment of effective procedures to ensure the implementation of the rights of workers and their representatives to be consulted on matters and to participate in measures relating to safety and health at the workplace.

3. Such national laws and regulations shall provide that the manufacture, storage, transport and use of explosives and initiating devices at the mine shall be carried out by or under the direct supervision of competent and authorized persons. 4. Such national laws and regulations shall specify: (a) requirements relating to mine rescue, first aid and appropriate medical facilities; (b) an obligation to provide and maintain adequate self-rescue respiratory devices for workers in underground coal mines and, where necessary, in other underground mines; (c) protective measures to secure abandoned mine workings so as to eliminate or minimize risks to safety and health; (d) requirements for the safe storage, transportation and disposal of hazardous substances used in the mining process and waste produced at the mine; and (e) where appropriate, an obligation to supply sufficient sanitary conveniences and facilities to wash, change and eat, and to maintain them in hygienic condition. 5. Such national laws and regulations shall provide that the employer in charge of the mine shall ensure that appropriate plans of workings are prepared before the start of operation and, in the event of any significant modification, that such plans are brought up to date periodically and kept available at the mine site. PART III. PREVENTIVE AND PROTECTIVE MEASURES AT THE MINE A. Responsibilities of employers Article 6 In taking preventive and protective measures under this Part of the Convention the employer shall assess the risk and deal with it in the following order of priority: (a) eliminate the risk; (b) control the risk at source; (c) minimize the risk by means that include the design of safe work systems; and (d) in so far as the risk remains, provide for the use of personal protective equipment, having regard to what is reasonable, practicable and feasible, and to good practice and the exercise of due diligence. Article 7

Employers shall take all necessary measures to eliminate or minimize the risks to safety and health in mines under their control, and in particular: (a) ensure that the mine is designed, constructed and provided with electrical, mechanical and other equipment, including a communication system, to provide conditions for safe operation and a healthy working environment; (b) ensure that the mine is commissioned, operated, maintained and decommissioned in such a way that workers can perform the work assigned to them without endangering their safety and health or that of other persons; (c) take steps to maintain the stability of the ground in areas to which persons have access in the context of their work; (d) whenever practicable, provide, from every underground workplace, two exits, each of which is connected to separate means of egress to the surface; (e) ensure the monitoring, assessment and regular inspection of the working environment to identify the various hazards to which the workers may be exposed and to assess their level of exposure; (f) ensure adequate ventilation for all underground workings to which access is permitted; (g) in respect of zones susceptible to particular hazards, draw up and implement an operating plan and procedures to ensure a safe system of work and the protection of workers; (h) take measures and precautions appropriate to the nature of a mine operation to prevent, detect and combat the start and spread of fires and explosions; and (i) ensure that when there is serious danger to the safety and health of workers, operations are stopped and workers are evacuated to a safe location. Article 8 The employer shall prepare an emergency response plan, specific to each mine, for reasonably foreseeable industrial and natural disasters. Article 9 Where workers are exposed to physical, chemical or biological hazards the employer shall: (a) inform the workers, in a comprehensible manner, of the hazards associated with their work, the health risks involved and relevant preventive and protective measures; (b) take appropriate measures to eliminate or minimize the risks resulting from exposure to those hazards;

(c) where adequate protection against risk of accident or injury to health including exposure to adverse conditions cannot be ensured by other means, provide and maintain at no cost to the worker suitable protective equipment, clothing as necessary and other facilities defined by national laws or regulations; and (d) provide workers who have suffered from an injury or illness at the workplace with first aid, appropriate transportation from the workplace and access to appropriate medical facilities. Article 10 The employer shall ensure that: (a) adequate training and retraining programmes and comprehensible instructions are provided for workers, at no cost to them, on safety and health matters as well as on the work assigned; (b) in accordance with national laws and regulations, adequate supervision and control are provided on each shift to secure the safe operation of the mine; (c) a system is established so that the names of all persons who are underground can be accurately known at any time, as well as their probable location; (d) all accidents and dangerous occurrences, as defined by national laws or regulations, are investigated and appropriate remedial action is taken; and (e) a report, as specified by national laws and regulations, is made to the competent authority on accidents and dangerous occurrences. Article 11 On the basis of general principles of occupational health and in accordance with national laws and regulations, the employer shall ensure the provision of regular health surveillance of workers exposed to occupational health hazards specific to mining. Article 12 Whenever two or more employers undertake activities at the same mine, the employer in charge of the mine shall coordinate the implementation of all measures concerning the safety and health of workers and shall be held primarily responsible for the safety of the operations. This shall not relieve individual employers from responsibility for the implementation of all measures concerning the safety and health of their workers. B. RIGHTS AND DUTIES OF WORKERS AND THEIR REPRESENTATIVES Article 13

1. Under the national laws and regulations referred to in Article 4, workers shall have the following rights: (a) to report accidents, dangerous occurrences and hazards to the employer and to the competent authority; (b) to request and obtain, where there is cause for concern on safety and health grounds, inspections and investigations to be conducted by the employer and the competent authority; (c) to know and be informed of workplace hazards that may affect their safety or health; (d) to obtain information relevant to their safety or health, held by the employer or the competent authority; (e) to remove themselves from any location at the mine when circumstances arise which appear, with reasonable justification, to pose a serious danger to their safety or health; and (f) to collectively select safety and health representatives. 2. The safety and health representatives referred to in paragraph 1(f) above shall, in accordance with national laws and regulations, have the following rights: (a) to represent workers on all aspects of workplace safety and health, including where applicable, the exercise of the rights provided in paragraph 1 above; (b) to: (i) participate in inspections and investigations conducted by the employer and by the competent authority at the workplace; and (ii) monitor and investigate safety and health matters; (c) to have recourse to advisers and independent experts; (d) to consult with the employer in a timely fashion on safety and health matters, including policies and procedures; (e) to consult with the competent authority; and (f) to receive, relevant to the area for which they have been selected, notice of accidents and dangerous occurrences. 3. Procedures for the exercise of the rights referred to in paragraphs 1 and 2 above shall be specified: (a) by national laws and regulations; and

(b) through consultations between employers and workers and their representatives. 4. National laws and regulations shall ensure that the rights referred to in paragraphs 1 and 2 above can be exercised without discrimination or retaliation. Article 14 Under national laws and regulations, workers shall have the duty, in accordance with their training: (a) to comply with prescribed safety and health measures; (b) to take reasonable care for their own safety and health and that of other persons who may be affected by their acts or omissions at work, including the proper care and use of protective clothing, facilities and equipment placed at their disposal for this purpose; (c) to report forthwith to their immediate supervisor any situation which they believe could present a risk to their safety or health or that of other persons, and which they cannot properly deal with themselves; and (d) to cooperate with the employer to permit compliance with the duties and responsibilities placed on the employer pursuant to the Convention. C. COOPERATION Article 15 Measures shall be taken, in accordance with national laws and regulations, to encourage cooperation between employers and workers and their representatives to promote safety and health in mines. PART IV. IMPLEMENTATION Article 16 The Member shall: (a) take all necessary measures, including the provision of appropriate penalties and corrective measures, to ensure the effective enforcement of the provisions of the Convention; and (b) provide appropriate inspection services to supervise the application of the measures to be taken in pursuance of the Convention and provide these services with the resources necessary for the accomplishment of their tasks.

PART V. FINAL PROVISIONS Article 17 The formal ratifications of this Convention shall be communicated to the Director-General of the International Labour Office for registration. Article 18 1. This Convention shall be binding only upon those Members of the International Labour Organization whose ratifications have been registered with the Director-General of the International Labour Office. 2. It shall come into force 12 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. Article 19 1. A Member which has ratified this Convention may denounce it after the expiration of ten years from the date on which the Convention first comes 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. 2. Each Member which has ratified this Convention and which does not, within the year following the expiration of the period of ten years mentioned in the preceding paragraph, exercise the right of denunciation provided for in this Article, will be bound for another period of ten years and, thereafter, may denounce this Convention at the expiration of each period of ten years under the terms provided for in this Article.

Article 20 1. The Director-General of the International Labour Office shall notify all Members of the International Labour Organization of the registration of all ratifications and denunciations communicated by the Members of the Organization. 2. When notifying the Members of the Organization of the registration of the second ratification, the Director-General shall draw the attention of the Members of the Organization to the date upon which the Convention shall come into force.

Article 21 The Director-General of the International Labour Office shall communicate to the SecretaryGeneral of the United Nations, for registration in accordance with article 102 of the Charter of the United Nations, full particulars of all ratifications and acts of denunciation registered by the Director-General in accordance with the provisions of the preceding Articles. Article 22 At such times as it may consider necessary, the Governing Body of the International Labour Office shall present to the General Conference a report on the working of this Convention and shall examine the desirability of placing on the agenda of the Conference the question of its revision in whole or in part. Article 23 1. Should the Conference adopt a new Convention revising this Convention in whole or in part, then, unless the new Convention otherwise provides (a) the ratification by a Member of the new revising Convention shall ipso jure involve the immediate denunciation of this Convention, notwithstanding the provisions of Article 19 above, if and when the new revising Convention shall have come into force; (b) as from the date when the new revising Convention comes into force, this Convention shall cease to be open to ratification by the Members. 2. This Convention shall in any case remain in force in its actual form and content for those Members which have ratified it but have not ratified the revising Convention. Article 24 The English and French versions of the text of this Convention are equally authoritative.

Annexure VI C187 Promotional Framework for Occupational Safety and Health Convention, 2006 The General Conference of the International Labour Organization, Having been convened at Geneva by the Governing Body of the International Labour Office, and having met in its Ninety-fifth Session on 31 May 2006, Recognizing the global magnitude of occupational injuries, diseases and deaths, and the need for further action to reduce them, and Recalling that the protection of workers against sickness, disease and injury arising out of employment is among the objectives of the International Labour Organization as set out in its Constitution, and Recognizing that occupational injuries, diseases and deaths have a negative effect on productivity and on economic and social development, and Noting paragraph III(g) of the Declaration of Philadelphia, which provides that the International Labour Organization has the solemn obligation to further among the nations of the world programmes which will achieve adequate protection for the life and health of workers in all occupations, and Mindful of the ILO Declaration on Fundamental Principles and Rights at Work and its FollowUp, 1998, and Noting the Occupational Safety and Health Convention, 1981 (No. 155), the Occupational Safety and Health Recommendation, 1981 (No. 164), and other instruments of the International Labour Organization relevant to the promotional framework for occupational safety and health, and Recalling that the promotion of occupational safety and health is part of the International Labour Organization's agenda of decent work for all, and Recalling the Conclusions concerning ILO standards-related activities in the area of occupational safety and health - a global strategy, adopted by the International Labour Conference at its 91st Session (2003), in particular relating to ensuring that priority be given to occupational safety and health in national agendas, and Stressing the importance of the continuous promotion of a national preventative safety and health culture, and Having decided upon the adoption of certain proposals with regard to occupational safety and health, which is the fourth item on the agenda of the session, and

Having determined that these proposals shall take the form of an international Convention; adopts this fifteenth day of June of the year two thousand and six the following Convention, which may be cited as the Promotional Framework for Occupational Safety and Health Convention, 2006. I. DEFINITIONS Article 1 For the purpose of this Convention: (a) the term national policy refers to the national policy on occupational safety and health and the working environment developed in accordance with the principles of Article 4 of the Occupational Safety and Health Convention, 1981 (No. 155); (b) the term national system for occupational safety and health or national system refers to the infrastructure which provides the main framework for implementing the national policy and national programmes on occupational safety and health; (c) the term national programme on occupational safety and health or national programme refers to any national programme that includes objectives to be achieved in a predetermined time frame, priorities and means of action formulated to improve occupational safety and health, and means to assess progress; (d) the term a national preventative safety and health culture refers to a culture in which the right to a safe and healthy working environment is respected at all levels, where government, employers and workers actively participate in securing a safe and healthy working environment through a system of defined rights, responsibilities and duties, and where the principle of prevention is accorded the highest priority. II. OBJECTIVE Article 2 1. Each Member which ratifies this Convention shall promote continuous improvement of occupational safety and health to prevent occupational injuries, diseases and deaths, by the development, in consultation with the most representative organizations of employers and workers, of a national policy, national system and national programme. 2. Each Member shall take active steps towards achieving progressively a safe and healthy working environment through a national system and national programmes on occupational safety and health by taking into account the principles set out in instruments of the International Labour Organization (ILO) relevant to the promotional framework for occupational safety and health.

3. Each Member, in consultation with the most representative organizations of employers and workers, shall periodically consider what measures could be taken to ratify relevant occupational safety and health Conventions of the ILO. III. NATIONAL POLICY Article 3 1. Each Member shall promote a safe and healthy working environment by formulating a national policy. 2. Each Member shall promote and advance, at all relevant levels, the right of workers to a safe and healthy working environment. 3. In formulating its national policy, each Member, in light of national conditions and practice and in consultation with the most representative organizations of employers and workers, shall promote basic principles such as assessing occupational risks or hazards; combating occupational risks or hazards at source; and developing a national preventative safety and health culture that includes information, consultation and training. IV. NATIONAL SYSTEM Article 4 1. Each Member shall establish, maintain, progressively develop and periodically review a national system for occupational safety and health, in consultation with the most representative organizations of employers and workers. 2. The national system for occupational safety and health shall include among others: (a) laws and regulations, collective agreements where appropriate, and any other relevant instruments on occupational safety and health; (b) an authority or body, or authorities or bodies, responsible for occupational safety and health, designated in accordance with national law and practice; (c) mechanisms for ensuring compliance with national laws and regulations, including systems of inspection; and (d) arrangements to promote, at the level of the undertaking, cooperation between management, workers and their representatives as an essential element of workplace-related prevention measures. 3. The national system for occupational safety and health shall include, where appropriate:

(a) a national tripartite advisory body, or bodies, addressing occupational safety and health issues; (b) information and advisory services on occupational safety and health; (c) the provision of occupational safety and health training; (d) occupational health services in accordance with national law and practice; (e) research on occupational safety and health; (f) a mechanism for the collection and analysis of data on occupational injuries and diseases, taking into account relevant ILO instruments; (g) provisions for collaboration with relevant insurance or social security schemes covering occupational injuries and diseases; and (h) support mechanisms for a progressive improvement of occupational safety and health conditions in micro-enterprises, in small and medium-sized enterprises and in the informal economy. V. NATIONAL PROGRAMME Article 5 1. Each Member shall formulate, implement, monitor, evaluate and periodically review a national programme on occupational safety and health in consultation with the most representative organizations of employers and workers. 2. The national programme shall: (a) promote the development of a national preventative safety and health culture; (b) contribute to the protection of workers by eliminating or minimizing, so far as is reasonably practicable, work-related hazards and risks, in accordance with national law and practice, in order to prevent occupational injuries, diseases and deaths and promote safety and health in the workplace; (c) be formulated and reviewed on the basis of analysis of the national situation regarding occupational safety and health, including analysis of the national system for occupational safety and health; (d) include objectives, targets and indicators of progress; and (e) be supported, where possible, by other complementary national programmes and plans which will assist in achieving progressively a safe and healthy working environment.

3. The national programme shall be widely publicized and, to the extent possible, endorsed and launched by the highest national authorities.

VI. FINAL PROVISIONS Article 6 This Convention does not revise any international labour Conventions or Recommendations. Article 7 The formal ratifications of this Convention shall be communicated to the Director-General of the International Labour Office for registration. Article 8 1. This Convention shall be binding only upon those Members of the International Labour Organization whose ratifications have been registered with the Director-General of the International Labour Office. 2. It shall come 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 twelve months after the date on which its ratification is registered. Article 9 1. A Member which has ratified this Convention may denounce it after the expiration of ten years from the date on which the Convention first comes 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. 2. Each Member which has ratified this Convention and which does not, within the year following the expiration of the period of ten years mentioned in the preceding paragraph, exercise the right of denunciation provided for in this Article, will be bound for another period of ten years and, thereafter, may denounce this Convention within the first year of each new period of ten years under the terms provided for in this Article. Article 10 1. The Director-General of the International Labour Office shall notify all Members of the International Labour Organization of the registration of all ratifications and denunciations that have been communicated by the Members of the Organization.

2. When notifying the Members of the Organization of the registration of the second ratification that has been communicated, the Director-General shall draw the attention of the Members of the Organization to the date upon which the Convention will come into force. Article 11 The Director-General of the International Labour Office shall communicate to the SecretaryGeneral of the United Nations for registration in accordance with Article 102 of the Charter of the United Nations full particulars of all ratifications and denunciations that have been registered. Article 12 At such times as it may consider necessary, the Governing Body of the International Labour Office shall present to the General Conference a report on the working of this Convention and shall examine the desirability of placing on the agenda of the Conference the question of its revision. Article 13 1. Should the Conference adopt a new Convention revising this Convention, then, unless the new Convention otherwise provides: (a) the ratification by a Member of the new revising Convention shall ipso jure involve the immediate denunciation of this Convention, notwithstanding the provisions of Article 9 above, if and when the new revising Convention shall have come into force; (b) as from the date when the new revising Convention comes into force, this Convention shall cease to be open to ratification by the Members. 2. This Convention shall in any case remain in force in its actual form and content for those Members which have ratified it but have not ratified the revising Convention. Article 14 The English and French versions of the text of this Convention are equally authoritative.