Article 19
Conventions and Recommendations
Decisions of the Conference
- 1. When the Conference has decided on the adoption of proposals with regard to
an item on the agenda, it will rest with the Conference to determine whether these proposals
should take the form: (a) of an international Convention, or (b) of a Recommendation to meet
circumstances where the subject, or aspect of it, dealt with is not considered suitable or
appropriate at that time for a Convention.
Vote required
- 2. In either case a majority of two-thirds of the votes cast by the delegates
present shall be necessary on the final vote for the adoption of the Convention or
Recommendation, as the case may be, by the Conference.
Modifications for special local conditions
- 3. In framing any Convention or Recommendation of general application the
Conference shall have due regard to those countries in which climatic conditions, the
imperfect development of industrial organization, or other special circumstances make the
industrial conditions substantially different and shall suggest the modifications, if any,
which it considers may be required to meet the case of such countries.
Authentic texts
- 4. Two copies of the Convention or Recommendation shall be authenticated by the
signatures of the President of the Conference and of the Director-General. Of these copies
one shall be deposited in the archives of the International Labour Office and the other with
the Secretary-General of the United Nations. The Director-General will communicate a
certified copy of the Convention or Recommendation to each of the Members.
Obligations of Members in respect of Conventions
- 5. In the case of a Convention:
- (a) the Convention will be communicated to all Members for ratification;
- (b) each of the Members undertakes that it will, within the period of one year at most
from the closing of the session of the Conference, or if it is impossible owing to
exceptional circumstances to do so within the period of one year, then at the earliest
practicable moment and in no case later than 18 months from the closing of the session of
the Conference, bring the Convention before the authority or authorities within whose
competence the matter lies, for the enactment of legislation or other action;
- (c) Members shall inform the Director-General of the International Labour Office of the
measures taken in accordance with this article to bring the Convention before the said
competent authority or authorities, with particulars of the authority or authorities
regarded as competent, and of the action taken by them;
- (d) if the Member obtains the consent of the authority or authorities within whose
competence the matter lies, it will communicate the formal ratification of the Convention
to the Director-General and will take such action as may be necessary to make effective the
provisions of such Convention;
- (e) if the Member does not obtain the consent of the authority or authorities within
whose competence the matter lies, no further obligation shall rest upon the Member except
that it shall report to the Director-General of the International Labour Office, at
appropriate intervals as requested by the Governing Body, the position of its law and
practice in regard to the matters dealt with in the Convention, showing the extent to which
effect has been given, or is proposed to be given, to any of the provisions of the
Convention by legislation, administrative action, collective agreement or otherwise and
stating the difficulties which prevent or delay the ratification of such Convention.
Obligations of Members in respect of Recommendations.
- 6. In the case of a Recommendation:
- (a) the Recommendation will be communicated to all Members for their consideration with
a view to effect being given to it by national legislation or otherwise;
- (b) each of the Members undertakes that it will, within a period of one year at most
from the closing of the session of the Conference or if it is impossible owing to
exceptional circumstances to do so within the period of one year, then at the earliest
practicable moment and in no case later than 18 months after the closing of the Conference,
bring the Recommendation before the authority or authorities within whose competence the
matter lies for the enactment of legislation or other action;
- (c) the Members shall inform the Director-General of the International Labour Office of
the measures taken in accordance with this article to bring the Recommendation before the
said competent authority or authorities with particulars of the authority or authorities
regarded as competent, and of the action taken by them;
- (d) apart from bringing the Recommendation before the said competent authority or
authorities, no further obligation shall rest upon the Members, except that they shall
report to the Director-General of the International Labour Office, at appropriate intervals
as requested by the Governing Body, the position of the law and practice in their country
in regard to the matters dealt with in the Recommendation, showing the extent to which
effect has been given, or is proposed to be given, to the provisions of the Recommendation
and such modifications of these provisions as it has been found or may be found necessary
to make in adopting or applying them.
Obligations of federal States
- 7. In the case of a federal State, the following provisions shall apply:
- (a) in respect of Conventions and Recommendations which the federal government regards
as appropriate under its constitutional system for federal action, the obligations of the
federal State shall be the same as those of Members which are not federal States;
- (b) in respect of Conventions and Recommendations which the federal government regards
as appropriate under its constitutional system, in whole or in part, for action by the
constituent states, provinces, or cantons rather than for federal action, the federal
government shall:
- (i) make, in accordance with its Constitution and the Constitutions of the states,
provinces or cantons concerned, effective arrangements for the reference of such
Conventions and Recommendations not later than 18 months from the closing of the session
of the Conference to the appropriate federal, state, provincial or cantonal authorities
for the enactment of legislation or other action;
- (ii) arrange, subject to the concurrence of the state, provincial or cantonal
governments concerned, for periodical consultations between the federal and the state,
provincial or cantonal authorities with a view to promoting within the federal State
coordinated action to give effect to the provisions of such Conventions and
Recommendations;
- (iii) inform the Director-General of the International Labour Office of the measures
taken in accordance with this article to bring such Conventions and Recommendations
before the appropriate federal state, provincial or cantonal authorities with particulars
of the authorities regarded as appropriate and of the action taken by them;
- (iv) in respect of each such Convention which it has not ratified, report to the
Director-General of the International Labour Office, at appropriate intervals as
requested by the Governing Body, the position of the law and practice of the federation
and its constituent States, provinces or cantons in regard to the Convention, showing the
extent to which effect has been given, or is proposed to be given, to any of the
provisions of the Convention by legislation, administrative action, collective agreement,
or otherwise;
- (v) in respect of each such Recommendation, report to the Director-General of the
International Labour Office, at appropriate intervals as requested by the Governing Body,
the position of the law and practice of the federation and its constituent states,
provinces or cantons in regard to the Recommendation, showing the extent to which effect
has been given, or is proposed to be given, to the provisions of the Recommendation and
such modifications of these provisions as have been found or may be found necessary in
adopting or applying them.
Effect of Conventions and Recommendations on more favourable existing provisions
- 8. In no case shall the adoption of any Convention or Recommendation by the
Conference, or the ratification of any Convention by any Member, be deemed to affect any law,
award, custom or agreement which ensures more favourable conditions to the workers concerned
than those provided for in the Convention or Recommendation.
Abrogation of obsolete conventions
- 9. Acting on a proposal of the Governing Body, the Conference may, by a majority
of two-thirds of the votes cast by the delegates present, abrogate any Convention adopted in
accordance with the provisions of this article if it appears that the Convention has lost its
purpose or that it no longer makes a useful contribution to attaining the objectives of the
Organisation.