International standards on the prohibition of child labor. International legal regulation of labor. Protection of labor rights in the field of working conditions and labor protection

ILO CONVENTIONS REGULATING CHILD LABOR

L.A. YATSECHKO

Today, the issue of legal regulation of labor with the participation of children remains relevant. Although the Russian Federation is firmly committed to eliminating child labor in its worst forms, there are still gaps and inconsistencies in Russian labor law in this industry.
Our country has ratified seven conventions of the International Labor Organization that directly regulate working conditions for children and adolescents, and two ILO conventions prohibiting forced labor. These conventions can and should be applied by the courts when, in practice, disputes arise over the assessment of the working conditions of minors.
Convention No. 16 "On compulsory medical examination of children and adolescents employed on board ships" of 1921, which entered into force on November 20, 1922, dictates that "the use of the labor of a child or adolescent under eighteen years of age on any ship other than ships who are employed only by members of one family, should be made dependent on the submission of a certificate of medical examination confirming his suitability for such work "(Art. 2). In Art. 3 of the said Convention, it is noted that with the long-term use of child labor at work at sea, such an employee must undergo a medical examination at least once a year. And only "in urgent cases" according to Art. 4 the competent authorities may permit a minor under 18 years of age to board without a medical examination, provided that he passes it in the first port the ship enters.
ILO Convention No. 29 "On Forced or Compulsory Labor" of 1930 permits to engage in forced labor only able-bodied male adults at least 18 years of age and not older than 45 years (Art. 11) and for no more than 60 days a year (Art. . 12).
Convention No. 77 "On medical examination of children and adolescents in order to determine their suitability for work in industry" and Convention No. 78 "On medical examination of children and adolescents in order to ascertain their suitability for work in non-industrial work" establish requirements for the use of hired labor of these persons in these areas. Convention No. 77 refers to industrial enterprises as mines, quarries for the extraction of minerals, shipbuilding, production, engaged in the transport of goods and passengers, etc. (Article 1). In turn, Art. 1 of Convention No. 78 indicates the distinction between non-industrial work, on the one hand, and industrial, agricultural and marine work, on the other. However, according to these two documents, both industrial and non-industrial work may involve persons under the age of 18 only if they undergo a medical examination "in order to ascertain fitness for work." In this case, a teenager must be under medical supervision and undergo a medical examination at least once a year until he reaches 18 years of age. In accordance with Art. 4 of Conventions No. 77 and No. 78 "in professions associated with a high risk to health, examination and re-examination in order to ascertain fitness for work shall be carried out at least until the age of twenty-one years."
On December 29, 1950, the ILO Convention No. 79 "On the Restriction of Night Work of Children and Adolescents in Non-Industrial Work" came into force, which determined the permissible limits for the work of these subjects at night and the time of rest necessary for them. So, according to Art. 2 children under the age of 14 working “full-time or part-time” and children over the age of 14 with work / study “are not employed at night work for a period of at least fourteen consecutive hours, including time between eight o'clock in the evening and eight in the morning ". Although in some cases, if local conditions require it, national laws may determine a different period of time, but no later than 20:00. 30 minutes. in the evening until 6 o'clock. in the morning.
For children over 14 years of age "who are not required to attend school for the full time", Art. 3 of Convention No. 79 establishes different rules. The employer has the right to use them at night, except for the period between 22 hours. evenings and 6 o'clock. in the morning, national laws may establish a different rest time for children of this age: from 23 o'clock. up to 7 o'clock.
At the same time, Art. 4 of the said Convention allows the temporary employment of adolescents between the ages of 16 and 18 at night in case of emergency, when the public interest requires it.
In addition, in Art. 5 there is an indication of the issuance of individual permits to provide persons under the age of 18 with the opportunity to act at night as actors in cinematographic filming and public speaking, if this work does not endanger the life, health or morality of the child. The minimum age for such a permit should be determined by national law.
The next ILO Convention No. 90 "On night work of adolescents in industry" defines the procedure for the use of child labor at night for industrial enterprises... According to Art. 3 adolescents under the age of 18 cannot be employed at night work, except for:
a) for the purpose of teaching students or vocational training in certain industries where 24-hour work is established, persons from 16 to 18 years old can work at night, but with breaks of at least 13 hours between shifts;
b) can also be used in the baking industry for the purpose of teaching work for adolescents who have reached the age of 16.
At the same time, Art. 5 authorizes the use of work by adolescents aged 16 - 18 at night "in the event of unforeseen or unavoidable emergencies that are not of a periodic nature and that disrupt the normal course of work of an industrial enterprise."
Convention No. 138 "On the minimum age for admission to work" deserves much attention in the legal regulation of the labor of children. This Convention has become generalized, since it was adopted instead of eight conventions regulating the age of admission to work (N 7, 10, 15, 58, 59, 60, 112, 123).
The purpose of the adoption of Convention No. 138 was to abolish child labor and raise the minimum age for admission to work to a level corresponding to the fullest physical and mental development of adolescents.
In accordance with Art. 2 of the said Convention, the minimum age must not be lower than the age of completion of compulsory schooling and, "in any case, must not be lower than 15 years." And only in those states where "the economy and education system are not sufficiently developed, can the age of 14 be initially set as the minimum."
As a rule, Art. 3 establishes the minimum age for an employee at 18 years in the event that work, by its nature or due to the circumstances in which it is carried out, may harm the health, safety or morality of the adolescent.
At the same time, Art. 7 contains a clause allowing national laws to permit the recruitment of children between the ages of 13 and 15 for light work that is not harmful to health and development and does not adversely affect their learning.
Finally, 1999 Convention No. 182 on the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labor was prompted by the need to enact new instruments to prohibit and eradicate the worst forms of child labor as a top priority for national and international action.
Article 3 defines the "worst forms of child labor" as:
(a) All forms of slavery, including the sale of children, debt bondage, serfdom, and forced labor, including the compulsory recruitment of children for use in armed conflicts;
b) the use of children for prostitution and the production of pornographic products;
c) the use of children in illegal activities, including for the production and sale of drugs;
d) work that may harm the health, safety or morality of children.
Thus, the International Labor Organization managed to create a whole system of norms that ensure legal regulation working conditions of children and directly prohibiting forced labor. Of course, a thorough analysis of international legal norms governing legal relations involving children as subjects of labor legal relations is necessary in order to eliminate gaps in Russian labor legislation and avoid certain inconsistencies with international standards.

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One of the most important tools available to the ILO in the fight against child labor is the adoption of International Labor Conventions and Recommendations. The ILO adopted its first convention on child labor in 1919, the year it was founded. Several years later, a number of conventions (9) were adopted, setting the minimum age for admitting children to work in various industries. Some of the latest and most comprehensive ILO standards on child labor are the 1973 Minimum Age for Employment Convention No. 138 and its corresponding Recommendation No. 146, as well as the 1999 Worst Forms of Child Labor Convention No. 182 and Recommendation No. 190.

Minimum Age Convention No. 138, supplemented by Recommendation No. 146, obliges ratifying States to pursue national policies to effectively eliminate child labor and gradually raise the minimum age for admission to employment. The Convention is a flexible and dynamic instrument that sets the minimum age for admission to employment, depending on the type of work and the level of development of the country.

The Convention establishes the principle that the minimum age should be at least the age of completion of compulsory schooling, and in no case less than 15 years, and that the minimum age should be gradually brought to a level that coincides with the age at which young people attain full physical and mental development.

The main objective of Convention No. 138 is the effective elimination of child labor. It is a key tool for a coherent strategy to combat it, while Recommendation No. 146 provides a broad framework and necessary policy measures to both prevent and correct the problem.

In June 1999, the International Labor Conference unanimously adopted a new Convention on Child Labor.

Worst Forms of Child Labor Convention No. 182 reflects the general consensus that the worst forms of child labor must end immediately.

In the entire history of the ILO, this convention has the highest rate of ratification. By March 2002, it had been ratified by 117 countries, including 6 CIS countries.

Convention No. 182 applies to all children, girls and boys under the age of 18 and does not provide for exemptions for any sector of the economy or category of workers. She urges “to take immediate and effective measures to Prohibit and Eliminate the Worst Forms of Child Labor ”.

Convention No. 182 defines the worst forms of child labor as:

slavery and forced labor, including the sale of children and forced recruitment to participate in armed conflicts;

child prostitution and pornography;

production and sale of drugs;

work that could harm the health, safety or morals of children.

The convention leaves for national governments right to define existing dangerous species work prohibited by the Convention, this should be done in consultation with employers 'and workers' organizations, taking into account existing international standards.

It should be noted that child labor is especially often used in agriculture, which has become a tradition for many regions of Russia for a long time. Article 16 of the Convention on Occupational Safety and Health in Agriculture No. 184 reflects the provisions of Conventions No. 138 and No. 182 regarding hazardous work. It sets the minimum age of 18 for access to hazardous agricultural work.

Another ILO Convention that is central to protecting children from some of the worst forms of exploitation is the 1930 Forced Labor Convention No. 129, one of the main and most widely ratified ILO Conventions.

The Minimum Age Convention No. 138, the Worst Forms of Child Labor Convention No. 182 and the Forced Labor Convention No. 129 are considered the main, or basic, ILO Conventions. All of them are included in the ILO Declaration on Fundamental Principles and Rights at Work, which was adopted by the International Labor Conference in 1998.

The Declaration states that all member states of the ILO have an obligation to respect and promote the application of the principles expressed in these Conventions, whether they have ratified them or not.

There are a significant number of international agreements that are relevant to child labor issues. The most significant of these is the 1989 UN Convention on the Rights of the Child. wide range children's rights, including the right to education and the right to protection from economic exploitation. This Convention is the most ratified in history, but several countries have yet to accept it.

Today Russia is taking steps to become an equal member of the human community, taking steps from formal participation in it to actual participation.

One of the most important areas of activity in this area is the legal regulation of labor - the main area of human activity. Russia is an active subject of international legal regulation of labor.

International legal regulation of labor is the regulation, through international agreements of states (multilateral and bilateral treaties) and other international legal means, of issues related to the use of hired labor, the improvement of its conditions, labor safety, and the protection of individual and collective interests of workers.

The formal legal expression of the international legal regulation of labor is the norms (standards) of labor, enshrined in acts adopted by international organizations, and in bilateral treaties and agreements of individual states.

Modern Russian labor legislation tries to take into account the world experience, international legal acts as much as possible. Moreover, in accordance with the Constitution of the Russian Federation (Article 15), the generally recognized principles and norms of international law and international treaties of the Russian Federation are part of her system. If an international treaty of the Russian Federation establishes rules other than those provided for by law, then the norms of the international treaty are applied.

International treaties of the Russian Federation with foreign states and international organizations are concluded on its behalf by authorized federal bodies.

After official recognition, ratification and approval, international treaties in the prescribed manner become binding on the entire Russian territory.

Thus, the Constitution of the Russian Federation enshrines the principle of the priority of international legal norms over the norms of national legislation. A similar principle is fixed in sectoral laws. This new situation for the legal system of Russia presupposes knowledge and ability to apply international legal norms by Russian courts and management.

In addition, the Constitution of the Russian Federation (Article 46) enshrines the right of every citizen, in accordance with international treaties of the Russian Federation, to apply to interstate bodies for the protection of human rights and freedoms, if all available domestic remedies have been exhausted. Now this is not just a theoretical proposition. So, as a result of the accession of the Russian Federation to the Optional Protocol

International Covenant on Civil and Political Rights of 1966, which contains a mechanism for the protection of human rights by the Human Rights Committee, citizens can use this opportunity as well. The practical implementation of this constitutional norm in the future may lead to situations that are non-standard for the current legal system.

Russia's accession to the Council of Europe in 1996 gives Russian citizens additional guarantees to protect their rights and imposes on state bodies additional obligations to respect human rights (including in the field of labor relations).

The penetration of the norms of international legal regulation into the labor legislation of Russia occurs in two directions: firstly, through the ratification of conventions and other acts of international organizations and their bodies, of which Russia is a party (member), and, secondly, through the conclusion by Russia of bilateral and multilateral international legal treaties with other states.

The first direction is related to the norm-setting activities of the United Nations, the International Labor Organization (ILO), the European regional association of the states of the Council of Europe, the Commonwealth of Independent States (primarily the conventions and recommendations of the ILO); the second - with the joint rule-making practice of two or several specific states interested in mutual or regional settlement of labor law issues.

This leads to a change in the prevailing stereotypes in the formation of the Russian legal system and in the application of legal norms. First, it becomes possible and necessary for the direct (direct) application of international norms in the event of their ratification by the Russian Federation. Secondly, international legal norms are being incorporated into Russian legislation, into the structure of specific laws. Finally, thirdly, there is the implementation of the provisions enshrined in international legal norms through the adoption of relevant acts of the Russian legal system and through law enforcement practice.

Thus, the international legal regulation of labor relations is becoming one of the most important sections of the science of Russian labor law and labor law as an academic discipline.

Sources of international legal labor regulation

The sources of international legal regulation of labor are legal acts of various levels, to one degree or another, regulating issues of relations in the world of labor, adopted by various international organizations. These acts apply to countries that have signed and (or) recognized them.

Of fundamental importance among these acts are UN acts. These are primarily the Universal Declaration of Human Rights and the International Covenant on Economic, Social and Cultural Rights.

These acts differ in legal force. The Universal Declaration of Human Rights was approved by the UN General Assembly on December 10, 1948 in the form of a resolution. It is optional. This is more of a programmatic political document, but it was he who laid the cornerstone in the international protection of human rights and freedoms.

The Universal Declaration of Human Rights highlights and formulates a package of basic inalienable and inalienable labor human rights:

right to work;
the right to free choice of work;
the right to protection from unemployment;
the right to just and favorable conditions of work;
the right to equal pay for equal work without any discrimination;
the right to just and satisfactory remuneration, ensuring an existence worthy of a person for himself and his family, and supplemented, if necessary, by other means of social security;
the right to form trade unions and join trade unions to protect their interests;
the right to rest and leisure, including the right to reasonable limitation of working hours and paid periodic leave.

The International Covenant on Economic, Social and Cultural Rights was approved by the UN General Assembly in 1966. By its legal nature, it is a multilateral international treaty (convention) ratified by the vast majority of UN member states, including the USSR. It is obligatory for Russia as the legal successor of the USSR.

Other acts adopted at the UN level include the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, adopted in 1990.

The specialized agency of the United Nations is the ILO. This organization was created back in 1919. Today it unites more than 190 states.

The supreme body of the ILO is the annually convened International Labor Conference, consisting of representatives - members of the ILO. Each state is represented by four delegates: two from the government, one from entrepreneurs and one from workers.

The International Labor Office (ILO) plays an important role in the ILO as the secretariat of the ILO. The Office is not the subject of international labor regulation, but it does its part by preparing ILO conventions and recommendations and overseeing their application.

The most important documents governing its activities are the Charter and the Declaration on Fundamental Principles and Rights at Work.

The Declaration of Fundamental Principles and Rights at Work, adopted in June 1998, formulated four basic principles, the observance of which is mandatory for all ILO member states, regardless of their ratification of the conventions. These include:

a) freedom of association and effective recognition of the right to collective bargaining;
b) the abolition of all forms of forced labor;
c) effective prohibition of child labor;
d) non-admission of discrimination in the field of labor and occupation.

The mechanism of its implementation was approved as an annex to the Declaration. The main principle of the ILO's work is tripartism, which means that the formation of almost all of its bodies is based on tripartite representation - from governments, representatives of workers and entrepreneurs.

The ILO's raison d'être is specified in the preamble to its Constitution. It should contribute to the establishment of a universal and lasting peace based on the promotion and development of social justice. In accordance with this idea, the main tasks facing the organization have been identified, an action program has been developed to implement the idea of social justice.

The ILO's work is diverse, but traditionally the ILO's mandate has been based on norm-setting and cooperation with Member States, as well as with employers 'and workers' organizations.

Acts adopted by the ILO are one of the main sources of international legal regulation of labor. To date, the ILO has adopted 189 conventions and more than 200 recommendations concerning various aspects of labor.

Prior to their adoption, they should be discussed twice (sequentially) at International Conferences (sessions of the ILO), which is preceded by the reports of the Office, based on a synthesis of the legislation and practice of different countries. Each convention or recommendation is discussed by a special commission formed by the conference.

These documents require the approval of a two-thirds majority of the delegates present at the conference.

With the same requirements for the adoption procedure, conventions and recommendations as sources of international legal regulation have a different legal status.

The Convention acquires the status of a multilateral international agreement after it has been ratified by at least two ILO member states, and from that moment it imposes certain obligations on both ratifying and non-ratifying states. But for an individual member state of the ILO, the provisions of the convention become legally binding only after its ratification by the supreme body of state power (the conventions contain rules and the procedure for their denunciation).

The fact of ratification of the convention imposes a number of obligations on the state. First, it is obliged to pass legislation or other acts to guarantee its implementation. Secondly (and this is a particularly constraining factor), regularly submit to the ILO reports on the measures taken for the effective application of the ratified convention. Such reports are submitted every two to four years.

With regard to unratified conventions, the state is still obliged to inform the ILO, at the request of its Governing Body, about the state of national legislation and practice in relation to an unratified convention and about the measures that are supposed to be taken to give it force.

The Recommendation also contains international legal norms, but unlike the convention, it does not require ratification and is designed for its voluntary application in the national legislation of a member state of the ILO. We should agree with the opinion of Professor I. Ya. Kiselev that the recommendation is a source of information and a model for improving national legislation. It details, clarifies, and sometimes supplements the provisions of the convention, makes their content more complete and flexible, expands the choice for states when deciding on the adoption of international norms.

Ratification is also subject to review by the competent authorities in order to decide on the possibilities of its use in the national legal system. ILO member states should provide the same information on recommendations as on unratified conventions.

The ILO Constitution provides for the possibility of revising outdated international instruments, and also includes provisions for monitoring the observance (application) of conventions and recommendations.

A rather complex mechanism for adopting conventions and recommendations is a guarantee against hasty decisions. At the same time, member states of the ILO are imposed with serious obligations of accountability to this organization, which, apparently, does not generate much enthusiasm for undertaking such obligations (this position is especially noticeable with respect to the ratification of conventions).

At present, Russia has ratified 63 ILO conventions, of which 55 are in force (seven conventions were denounced for various reasons). At the same time, it would be desirable to ratify some ILO conventions, especially those related to fundamental human rights and working conditions.

And although Russia has not ratified all the normative acts of the ILO, their application in the practice of developing and adopting normative acts (both adopted centrally and locally, including collective agreements) can be of great help to entrepreneurs and workers' representatives. This is all the more important since the ILO conventions and recommendations often go beyond the regulation of purely labor relations and include provisions on social security, vocational education, social services for workers, etc.

In addition to the ILO, labor regulations are adopted by other international organizations. In addition to the UN acts (for information on them, see above), it should be noted the acts adopted, in particular, at the regional level.

So, in Europe, the sources of international legal regulation of labor are acts adopted by the Council of Europe (CE) and the European Union (EU). The CE has adopted over 130 conventions.

These documents also include the European Social Charter, adopted in 1961 and revised on May 3, 1996 (entered into force on July 1, 1999). The Charter practically fixes universal human rights in the social and economic spheres, which are enshrined in the documents of the UN and the ILO, while taking into account, to a certain extent, regional specifics. By the decree of the Government of the Russian Federation of April 12, 2000, Russia approved the proposals to sign this document, by the decree of the President of the Russian Federation of May 12, 2000, this idea was approved. On June 3, 2009, Federal Law No. 101-FZ “On the Ratification of the European Social Charter (Revised)” was adopted. It should be noted that the Russian Federation ratified the Charter with certain reservations, without undertaking a number of obligations under this document (its status allowed it to be done).

By signing the Charter, the states state that the aim of the Council of Europe is to achieve greater unity between its members in the name of ensuring and realizing the ideals and principles that constitute their common heritage and facilitate economic and social progress, and in particular the strengthening and further realization of human rights and fundamental freedoms. Of course, the document takes into account the presence of such important condition the existence of a regional organization as a common market, the functioning of which is based on the recognition of the equality of all its participants.

The Parties recognize the goal of their policies, pursued through the use of both national and international means, to achieve conditions under which certain rights and principles would be effectively implemented.

A significant part of these rights and principles (31 of them are listed) to one degree or another relate to the main sphere of human activity - the sphere of work. These are, in particular, the following rights and principles:

everyone should be able to earn a living through free choice of profession and occupation;
all workers have the right to fair working conditions;
all employees have the right to healthy and safe working conditions;
all workers have the right to fair remuneration sufficient to maintain a decent standard of living for workers themselves and their families;
all workers and entrepreneurs have the right to freedom of association in national and international organizations to protect economic and social interests;
all workers and employers have the right to collective bargaining;
children and young people have the right to special protection against the physical and mental risks to which they are exposed;
working women mothers have the right to special protection;
everyone has the right to use appropriate vocational guidance opportunities with a view to choosing an occupation that suits the personal abilities and interests of employees;
everyone has the right to appropriate vocational training opportunities;
all workers and members of their families have the right to social security;
citizens of any state party to the Charter have the right to any income-generating work in the territory of another state party to the Charter on the basis of equality with the citizens of the latter, unless restrictions are caused by significant economic and social reasons;
migrant workers - citizens of a state party to the Charter and members of their families have the right to protection and assistance on the territory of any other state party to the Charter;
all workers have the right to equal opportunities and equal treatment in employment, without discrimination on the basis of sex;
employees have the right to information and consultation within enterprises;
employees have the right to participate in the definition and improvement of working conditions and working environment at the enterprise;
all workers have the right to protection in the event of termination of employment;
all employees have the right to defend their claims in the event of an entrepreneur's bankruptcy;
all employees have the right to protection of their dignity during their employment;
all persons with family responsibilities who enter or wish to enter work have the right to do so without being discriminated against and as far as possible without conflict with their family responsibilities;
workers' representatives in undertakings have the right to be protected from acts that harm them and should be provided with appropriate opportunities to carry out their functions;
all employees have the right to information and advice in the course of collective layoffs.

The Council of Europe also adopted the 1950 European Convention for the Protection of Human Rights and Fundamental Freedoms.

The EU in 1989 adopted the Charter of Fundamental Rights of Workers, which proclaims social and economic rights.

The Russian Federation as a member state of the CIS is a party to multilateral agreements, some of which include the regulation of labor relations, human and civil rights in the labor and social spheres. An example of such documents is, in particular, the Agreement on cooperation in the field of labor migration and social protection of migrant workers, concluded in

The Russian Federation has ratified this Agreement by adopting the corresponding Federal Law on April 24, 1995.

Russia assumes certain obligations in the sphere of labor relations in connection with the signing of the Treaty on the Eurasian economic union(signed in Astana on May 29, 2014). So, in this Agreement there is a special section (XXVI) - "Labor migration". It, in particular, provides for the legal regulation of such issues as cooperation of the Member States in the field of labor migration (Art. 96); labor activity of workers of the Member States (Art. 97); the rights and obligations of the member state of the worker (art. 98).

The Russian Federation is also a party to a significant number of bilateral interstate agreements on the regulation of relations in the field of labor and social relations... So, for example, in 1993 the Agreement “On labor activity and social protection of citizens Russian Federation and Ukraine working outside the borders of their states ”. Similar agreements have been concluded with Belarus, Moldova, Uzbekistan, Kyrgyzstan, Tajikistan and a number of other countries.

An example of bilateral documents can be two initialed agreements between the governments of the Russian Federation and the Federal Republic of Germany: "On the employment of employees of Russian enterprises in the framework of the fulfillment of contract agreements" and "On the employment of employees in order to increase their professional and linguistic knowledge" (Guest Employment Agreement workers).

acts protecting fundamental human rights and freedoms in the field of labor;
acts related to the provision of employment, protection against unemployment;
acts regulating working conditions;
occupational safety and health regulations;
acts regulating the work of workers in need of increased legal protection;
labor regulations selected categories workers;
acts regulating cooperation between organizations of workers, employers, the state, peaceful ways of resolving labor conflicts.

Below is given general characteristics international legal regulations in the field of labor.

Protection of fundamental human rights and freedoms in the field of labor

The most important document here is the Convention No. 122 "On Employment Policy" (1964), which proclaims as the main goal state activities an active policy aimed at promoting full, productive and freely chosen employment for the working-age population in order to stimulate economic growth and development, improve living standards, meet labor needs and solve unemployment problems. This policy should aim to ensure productive work for all who are ready to start work and seek it, freedom of choice of employment and the widest opportunities to acquire the necessary qualifications to perform the work for which he is fit, while avoiding discrimination.

Conventions No. 2 "On Unemployment" (1919) and No. 88 "On the Employment Service" (1948) oblige the state to create free employment offices in order to provide an impact on the labor market to achieve and maintain full employment.

V last years The ILO adopted documents relating to the activities of private employment agencies. These are Convention No. 181 (1997) and Recommendation No. 188 (1997). These acts, on the one hand, allow and legalize the activities of private labor exchanges of various nature, and on the other, provide for measures aimed at ensuring social protection of workers using the services of these organizations.

One of the conditions for stable employment, preventing the arbitrariness of entrepreneurs is the creation of legal guarantees in the field of termination of labor relations.

This is the subject of Convention No. 158 “Termination of Employment” (1982), the purpose of which is to protect against termination of employment without a legal basis.

The Convention defines the norms for the justification of the termination of employment (the need for a legal basis related to the abilities or behavior of the worker or caused by the production necessity of the enterprise or service). It lists the reasons that do not constitute a legal basis for the termination of employment. For example, such reasons may be:

trade union membership or participation in trade union activities;
intention to become a workers' representative;
performing the functions of a workers' representative;
filing a complaint or participating in a case brought against an entrepreneur on charges of violating the law;
discriminatory characteristics - race, skin color, gender, marital status, family responsibilities, pregnancy, religion, political opinion, nationality or social origin;
absence from work during the period of being on maternity leave;
temporary absence from work due to illness or injury.

The Convention sets out both the procedures applied before and during the termination of the employment relationship, and the procedure for appealing against the decision to terminate it.

An essential guarantee of the rights of the employee is the provision that the burden of proving the existence of a legal basis for dismissal lies with the entrepreneur; the competent authorities are empowered to decide the reason for the dismissal on the basis of the evidence submitted by the parties and in accordance with the procedures provided for by national law and practice.

The Convention provides for the right of a worker with whom it is planned to end his employment relationship to be warned about it within a reasonable time, or the right to monetary compensation instead of a warning, if he has not committed a serious misconduct; the right to severance pay and / or other types of income protection (benefits from the unemployment insurance fund, unemployment funds or other forms of social security). In case of unjustified dismissal and the impossibility of canceling the decision on dismissal and reinstatement of the worker in his previous job, it is assumed that appropriate compensation or other benefits will be paid.

In the event of termination of labor relations for economic, technological, structural or similar reasons, the employer is obliged to inform the employees and their representatives, as well as to the relevant state body, information on the planned measures. Legislation may impose certain restrictions on the employer in the event of mass layoffs; these restrictions also contribute to the solution of employment issues.

It is important to regulate the procedure for terminating employment contracts if the employer is declared insolvent. These issues are addressed by the Convention No. 173 "On the Protection of Workers' Claims in the Event of the Insolvency of the Employer" and its supplementary Recommendation No. 180, as well as the Convention No. 95 "Concerning the Protection of Wages" of 1949 (to a certain extent).

Protection of labor rights in the field of working conditions and labor protection

One of the main directions of regulation of working conditions is the legislative limitation of the duration of working hours. In accordance with the Convention No. 47 “On the reduction of working hours to forty hours a week” (1935), states should strive for this standard, while not reducing wages. This principle corresponds to the restriction on overtime work.

More recently, the ILO drew the attention of the member states of this organization to the need to provide legal guarantees for workers working on a part-time basis, as this form of employment is increasingly used.

In 1994, the ILO adopted the Convention No. 175 "On Part-Time Work", supplementing it with Recommendation No. 182. The purpose of the adoption of these documents was to draw attention to this form of employment as a way to create additional jobs in the development of national policies, and to increase the level of protection of workers working in such a regime.

The Convention requires the adoption of measures that guarantee part-time workers the same protection as full-time workers with regard to the right to organize and collective bargaining, to safety and health at work, to protection from discrimination in employment, to guarantees in the field of remuneration, as well as with respect to social security, maternity and childhood protection, paid leave and sick leave, holidays and layoffs.

A Member State of the ILO may, after consultation with the relevant employers 'and workers' organizations, exclude, in whole or in part, certain categories of workers or the personnel of entire institutions from the scope of the Convention if this could cause serious problems.

International standards are also set for rest time (weekly rest, paid annual leave and study leave). The main act in this area is the Convention No. 132 "On Leave with Pay" (1970), according to which the duration of the leave should not be less than three weeks for each year of work. Of fundamental importance is the provision on the invalidity of agreements on the waiver of the right to a minimum vacation or non-use of such vacation in order to replace it with monetary compensation.

ILO regulatory documents wages are mainly aimed at ensuring the guarantee of its minimum level and ensuring its protection in the interests of workers.

The most important act in the field of regulation of wages is the Convention No. 131 “On the Establishment of Minimum Wages” (1970), according to which the minimum wage must have the force of law and under no circumstances should be reduced.

However, much more interesting are the provisions of the Convention, which propose to take into account the following factors when determining the minimum wage:

the needs of workers and their families (taking into account general level wages in the country);
the cost of living;
social benefits;
comparative living standards of individual social groups;
economic aspects (including the requirements of economic development);
the level of labor productivity and the desirability of achieving and maintaining a high level of employment.

The Convention also provides for the need to create and operate a special procedure aimed at systematic monitoring of the state of wages and revision of the minimum wage.

Unfortunately, this Convention has not been ratified by the Russian Federation, which makes it possible to set the minimum wage at a level well below the subsistence level.

Also important is Convention No. 95 “Concerning the Protection of Wages” (1949).

A significant number of international legal acts of the ILO are aimed at ensuring the rights of workers in the field of labor protection. These acts include a large number of norms regulating in sufficient detail the general and sectoral aspects of labor protection and safety measures, establishing sanitary and hygienic requirements for the labor process, obliging states to create effective system labor inspection (see, for example, Labor Inspection Convention No. 81 (1947)).

In addition, this group of acts should include a significant number of rules governing various issues protection of the rights of certain categories of workers in need of increased protection: women, persons with family responsibilities, minors, elderly workers, indigenous peoples, migrant workers.

In 2000, the ILO adopted Convention No. 183 "On the Protection of Maternity", which revised a number of provisions of Convention No. 103. The new Convention provides for an increase in the duration of maternity leave to 14 weeks and amends the wording of the prohibition of dismissal of women during maternity leave ... Dismissal is not allowed, except for cases when it is caused by reasons other than pregnancy, childbirth, feeding of the child. The burden of proof of the fairness of the dismissal rests with the employer. The Convention obliges states to take measures to ensure that pregnancy and childbirth do not discriminate against women in employment. This includes prohibiting a pregnancy test or requiring a certificate of no pregnancy, unless national law prohibits the employment of a pregnant woman or a nursing mother, or if the job poses a risk to the woman or child.

The Convention requires ratifying states to take immediate measures to prohibit and eliminate the worst forms of exploitation of children (persons under the age of 18).

The worst forms of child labor exploitation are:

all forms of slavery or slavery-like practices such as the slave trade, debt slavery, forced or compulsory labor, including the forced recruitment of children to participate in military conflicts;
the use of children for purposes of prostitution, pornography and pornographic performances;
the use of children for illegal activities, in particular for the production and sale of drugs;
the use of children for work, which, in its essence and order of performance, is harmful to the health, safety or morality of children.

Recommendation No. 190 suggests that states criminalize such forms of exploitation of children as slavery, forced labor, forced participation in armed conflicts, prostitution, production and sale of drugs, and child pornography.

Many ILO documents are focused on labor regulation of certain categories of workers. These include, in particular, such categories as homeworkers, seafarers (about 50 conventions and recommendations are devoted to this category of workers), fishermen, dock workers, nurses, hotel and restaurant workers, agricultural workers, teachers, government officials.

Cooperation of workers' organizations, employers, the state, peaceful ways of resolving labor conflicts

The basis of the ILO's activities in accordance with its Constitution is the establishment of a universal and lasting peace based on the promotion and development of social justice. In order to achieve these objectives, securing the fundamental rights of participants in labor and social relations, international legal norms regulate issues such as the right to association, to collective bargaining and to conclude collective agreements, and the right to strike.

Cooperation in the field of labor relations is traditionally carried out in the form of bilateral (bipartism) and tripartite (tripartism) cooperation.

If such cooperation is carried out with the participation of three parties: workers' organizations, employers and state authorities, then it is called tripartism.

Bipartism and tripartism are not only an ideological concept, but also a model of behavior for participants in collective labor relations enshrined in international legal standards. It includes norms on cooperation between employers and workers at the enterprise level (Recommendations No. 94 and 129), norms on consultation and cooperation between public authorities and organizations of employers and workers on a sectoral and national scale (Recommendation No. 113) and norms on tripartite consultations to promote application of international labor standards (Convention No. 144 on Tripartite Consultations (International Labor Standards), Recommendation No. 152).

To implement the principle of tripartism, employers and employees must have the right to associate. This right is undoubtedly one of the fundamental human rights and freedoms in the field of labor, but it is advisable to consider it in combination with a number of other powers of participants in labor and social relations, which is done in this section of the chapter.

The general principle that enshrines the right to association is reflected to one degree or another in almost all international legal acts at various levels, but this problem has been elaborated in the most detail in the documents of the ILO. First of all, it is Convention No. 87 “Concerning Freedom of Association and Protection of the Right to Organize” (1948), which enshrines the right of workers and employers to freely and without any distinction create their own organizations in order to promote and protect their respective interests.

These organizations have the right to develop their own charters and regulations, freely choose their representatives, organize their apparatus and their activities, and formulate their program of action. State authorities shall refrain from any interference that might limit this right or hinder its legitimate exercise.

Workers 'and employers' organizations are not subject to dissolution or administrative temporary ban. They have the right to create federations and confederations, as well as the right to join them, and these organizations enjoy the same rights and guarantees. The acquisition of the rights of a legal entity by organizations cannot be subject to restrictive conditions. The Convention also provides for the right to join international organizations.

Convention No. 98 "Concerning the Application of the Principles of the Right to Organize and the Conclusion of Collective Agreements" (1949) contains additional guarantees for the realization of the right to organize.

Thus, workers are adequately protected against any discriminatory action aimed at impairing freedom of association. In particular, they should be protected in case of refusal to hire them on the grounds that they are members of an association or take part in its activities, in the event of their dismissal or any other damage caused for the same reason.

Workers 'and employers' organizations are appropriately protected against any act of interference by each other. Such protection applies in particular to acts intended to promote domination, funding or control by employers or employers 'organizations over workers' organizations.

The right to association is universal, that is, it applies to all workers.

However, there are special rules for some categories. Thus, Convention No. 151 “Labor Relations in the Civil Service” (1978) confirms the extension of the right to association to civil servants and protection against discrimination aimed at infringing this right (for example, in connection with membership in a public organization).

The rights of workers' representatives in enterprises and organizations are subject to special regulation. These issues are addressed in Convention No. 135 "Workers' Representatives" (1971).

In accordance with its provisions, workers' representatives must be provided with appropriate facilities in the organization to enable them to carry out their functions quickly and efficiently; providing such opportunities should not compromise the performance of the organization concerned.

Workers' representatives who are recognized as such in accordance with national law or practice should be protected from any act that might prejudice them, including dismissal based on their status. This protection extends to their activities as workers' representatives, their participation in trade union activities or their membership in a trade union insofar as it operates in accordance with existing legislation, collective agreements or other mutually agreed terms.

If both trade unions and other representatives of employees function in the organization, then the employer is responsible for creating conditions for their normal interaction, taking into account the specifics of the rights of each of the bodies provided for by legislation, collective agreements or agreements.

Some of the ILO recommendations are aimed at creating conditions for cooperation between employers and workers (and their representatives) at the organizational level (Recommendations No. 94 (1952) and No. 129 (1967)), others establish norms on consultation and cooperation between public authorities and organizations. employers and workers at the sectoral and national levels (Recommendation No. 113 (1960)), while others regulate the issues of tripartite consultations to promote the application of international legal standards in the field of labor relations (Convention No. 144 "Tripartite Consultations (International Labor Standards)" (1976) , Recommendation No. 152).

In accordance with Convention No. 144, the state implements procedures that ensure effective consultations between representatives of the government, employers and workers on issues related to the discussion, development of the state's position and resolution of issues on the application of ILO documents at the national level.

The nature and form of the procedures shall be determined in accordance with national practice after consultation with the representative organizations of employers and workers where such organizations exist. These organizations freely choose their representatives to carry out the procedures. Employers and workers are represented on an equal basis in any competent authority.

Consultations should take place at appropriate intervals established by agreement, but at least once a year. The competent authority issues an annual report on the implementation of the procedures.

The ILO conventions and recommendations also regulate the implementation of the right to collective bargaining and to conclude collective agreements. Thus, Convention No. 98 "Concerning the Application of the Principles of the Right to Organize and Conclude Collective Agreements" (1949) is directly aimed at increasing the effectiveness of this area and this method of regulating labor and social relations.

Convention No. 154 "Collective Bargaining" (1981) contains rules directly related to the subject of regulation indicated in its title - collective bargaining. The convention applies to all industries economic activity(with the exception of the army and the police), but allows the establishment of special methods of its use (for example, to public service).

This Convention sets out the objectives of these measures and specifies that its provisions do not impede the operation of industrial relations systems where collective bargaining takes place through a conciliation or arbitration mechanism or bodies in which the collective bargaining parties voluntarily participate.

It provides for prior consultation with employers 'and workers' organizations and specifies that measures taken to facilitate collective bargaining should not restrict the freedom of collective bargaining. It is allowed to conduct collective bargaining with any representatives of workers, provided that they do not infringe on the rights of each other (this rule, in particular, is aimed at protecting the rights of trade unions).

The application of the provisions of this Convention is ensured by collective agreements, arbitral awards or in any other way consistent with national practice; in the absence of such, it is ensured by national legislation.

Collective bargaining issues are the subject of special Recommendation No. 91 (1951).

The right to strike is enshrined in a number of international legal acts, and according to general rule it is a guarantee of the protection of the labor rights of workers. Although in the arsenal of the ILO there are no special acts on this problem, nevertheless, its experts and specialists believe that this right indirectly follows from Convention No. 87 "Concerning Freedom of Association and Protection of the Right to Organize" (1948), because the ban on holding strikes limits the possibilities workers' representatives in the protection of their legitimate interests.

It is generally believed that restricting the right to strike is possible only in strictly defined cases: in the civil service (but not for all employees, but only for responsible officials); in sectors of the economy, the shutdown of which can lead to serious disruptions to its normal functioning; under extraordinary circumstances, as well as during the period of negotiations or arbitration (arbitration) proceedings.

But even in these cases, the rights of workers, provided for by international legal norms and national legislation, must be guaranteed.

International legal acts regulate the issues of peaceful ways of resolving labor conflicts. This, in particular, is the subject of Recommendation No. 92 "On Voluntary Conciliation and Arbitration" (1951) and Recommendation No. 130 "On Consideration of Complaints" (1967).

It should be noted that the norms of modern Russian legislation governing collective bargaining, concluding and executing collective agreements, exercising the right to strike, in terms of basic parameters, comply with international standards.

into Russian]
THE INTERNATIONAL LABOUR ORGANIZATION
CONVENTION No. 182
ON PROHIBITION AND IMMEDIATE MEASURES
FOR THE ELIMINATION OF THE WORST FORMS
CHILD LABOR
(Geneva, June 17, 1999)
The General Conference of the International Labor Organization, convened at Geneva by the Governing Body of the International Labor Office and meeting at its 87th session on 1 June 1999,
Believing it necessary to enact new instruments to prohibit and eradicate the worst forms of child labor as a top priority for national and international action, including the international cooperation and international assistance to complement the Minimum Age Convention and Recommendation, 1973, which remain fundamental instruments on child labor,
Believing that the effective elimination of the worst forms of child labor requires immediate and comprehensive action that takes into account great importance free basic education and the need to free children from any such work, as well as their rehabilitation and social integration, while taking into account the needs of their families,
Recalling the Resolution on the Abolition of Child Labor adopted by the 83rd Session of the International Labor Conference in 1996,
Recognizing that child labor is largely a consequence of poverty and that the long-term solution to this issue lies in sustainable economic growth leading to social progress, in particular poverty eradication and universal education,
Recalling the Convention on the Rights of the Child, adopted by the General Assembly of the United Nations on 20 November 1989,
Recalling the ILO Declaration on Fundamental Principles and Rights at Work and the Mechanism for its Implementation, adopted by the 86th Session of the International Labor Conference in 1998,
Recalling that some of the worst forms of child labor are covered by other international instruments, in particular the Forced Labor Convention, 1930 and the 1956 United Nations Supplementary Convention on the Abolition of Slavery, the Slave Trade and Institutions and Practices Similar to Slavery,
Having decided upon the adoption of certain proposals on child labor, which is the fourth item on the agenda of the session,
Having decided to give these proposals the form of an international convention,
Adopts this seventeenth day of June one thousand nine hundred and ninety-nine the following Convention, which may be cited as the Worst Forms of Child Labor Convention, 1999.