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Introduction:

Introduction: . Parliamentary briefing on ILO Conventions No 144/1976 and Conventions NO 155/1981. Summary. One of the ILO’s oldest and most important functions is the adoption by the tripartite International Labour Conference of instruments, which set international standards.

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Introduction:

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  1. Introduction: Parliamentary briefing on ILO Conventions No 144/1976 and Conventions NO 155/1981

  2. Summary • One of the ILO’s oldest and most important functions is the adoption by the tripartite International Labour Conference of instruments, which set international standards. • Labour standards usually take the form of a Convention, Protocol or Recommendation.

  3. Summary cont. • Conventions are instruments that upon ratification be a Member State create legal obligations. Protocols and Recommendations are issue specific and not open to ratification, but give guidance as to policy, legislation and practice regarding a specific Convention.

  4. SUBJECT 1 • Convention No 144 concerning Tripartite Consultations to Promote the Implementation of International Labour Standards,1976

  5. SUBJECT 2 • Convention No 155 Occupational Safety and Health and the Working Environment, 1983.

  6. CONVENTION 144 • Aims to encourage effective consultation between representatives of government, employers and workers on International Labour standards. • These includes: • Government replies to questionnaires concerning items on the agenda of the International Labour Conference and comments on proposed texts to be discussed by the conference.

  7. Convention 144 cont. • Proposals to be made to the competent authority ( Parliament in the case of South Africa) in connection with the submission of instruments pursuant to articles 19 of the ILO Constitution. • Questions arising out of reports on ratified Conventions to be under article 22 of the Constitution of the ILO. • Proposal for the denunciation of ratified conventions.

  8. NEDLAC IN RELATION TO CONVENTION 144 • Convention 144 calls for the formation of a body/institution where employers and worker organizations will be equally represented and consultation undertaken through the body. • The objective, powers and functions of NEDLAC strive to serve the same purpose as those indicated in the convention and have as a basis tripartism.

  9. CONVENTION NO 155 • Aims to encourage a coherent policy on occupational safety and health in the working environment as well as communication and co-operation at all levels in this area. • Applies to all branches of economic activity and to all workers (including the public service)- with the possibility of certain exclusions ( such as maritime and shipping.)

  10. Convention 155 cont. • The aim of policy on this matter is to prevent accidents and injury to health arising out of, linked with or occurring in the course of work minimizing as afar as is reasonably practical the causes of hazards inherent in the working environment.

  11. Convention 155 cont. • Within the context of our national law and practice, South Africa is mainly guided by the Occupational Health and Safety Act number 85 of 1993. • This Act covers the Health and Safety of persons at work and the Health and Safety of persons in connection with the use of plant and machinery.

  12. Convention 155 cont. • It further protect persons other than persons at work, against hazards to OHS arising as a result of those at work (extended coverage). • The responsibilities on OHS matters is fragmented between three (3) Departments, Health, Minerals and Energy and Labour (the integrated approach as approved by Cabinet).

  13. Convention 155 cont. • In terms of the OHS Act, the formation of a tripartite advisory council for OHS is mandatory.

  14. CONVENTION 155 IN RELATION TO THE OHS ACT • The convention defines its scope and application clearly and the obligation by member states to have National Law and practice in place for the implementation of the provisions of the convention. • It mandates the formulation of National Policy or regulations to deal with safety and health measures in the working environment and preventing accidents and injury and minimising hazards in this respect.

  15. C. 155 IN RELATION TO OHS CONT. • The OHS Act goes further in so far as to deal with issues of compensation to the aggrieved worker, which would be handled within the ambit of the COIDA Act 61/1997.

  16. RATIFICATION AND THE REPORTING OBLIGATION • The reporting cycle for Convention 144 will fall into the two year reporting cycle of priority conventions as reviewed by the 282nd session of the Governing Body (November 2001). • The report will be made in accordance with Article 22 of the ILO Constitution. • If ratified by Parliament, the report is due in 2004 for the countries of the names falling within the Alphabetical order K-Z.

  17. REPORTING OBLIGATION CONT. • Convention 155 is a non priority convention which falls within the five year reporting cycle and would as well fall within the Article 22 reporting cycle in this context, the first report which is in any case due one year after the ratification of the convention is due in 2004 for countries falling within the category K-Z.

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