Курсовая работа: Конвенции о труде в морском судоходстве
The
international pact about the economic, social and cultural rights contains the
basic international labour rights in item 2-15 and specifies in realisation of
the proclaimed rights without any discrimination on race, colour of a skin, a
floor, language, religion, to political and other belief, national or to a
social origin, a property status, a birth or other circumstances (item 2), on
maintenance equal for men and women of the right to have the economic, social
and cultural rights. Article 6 of the given Pact provides that the states
participating in him “recognise the right to the work, including right of each
person to possibility reception to earn to itself on a life work which he
freely chooses or on which freely agrees. In it measures which should be
accepted the states participating in the Pact with a view of full realisation
of this right are provided also: Programs of professional training and
preparation, way and methods of achievement of steady economic, social and
cultural development and full productive employment in the conditions
guaranteeing basic political and economic freedom. Article 7 of the Pact of the
United Nations of 1966 provides the right of everyone to fair and favorable
working conditions, including in particular:
a) the
compensation providing, at least, with all worker:
— The fair
salary and equal compensation for work of equal value without any distinction,
and, in particular, to women working conditions not worse what men with equal
payment for equal work use should be guaranteed;
— Satisfactory
existence for them and their families according to decisions of the present
Pact;
b) the working
conditions which are meeting the requirements of safety and hygiene;
c) possibility
of advancement identical to all on work on corresponding higher steps it is
exclusive on the basis of the seniority and qualification;
d) rest,
leisure both reasonable restriction of working hours and paid periodic holiday,
no less than compensation for holidays (International law in documents, with.
310).
Pact article 8 in detail enough has provided the right of everyone to have the trade-union rights and protection,
including the right to strikes. Thus in item 3 of this article it is underlined
that nothing the ILO of 1948 about freedom of associations and protection of
the right to the organisation grants the rights to the state-participants of
the Convention to accept the legislation to the detriment of guarantees of this
convention.
Pact article 8 in detail enough has provided the right of everyone to have the trade-union rights and protection,
including the right to strikes. Thus in item 3 of this article it is underlined
that nothing the ILO of 1948 about freedom of associations and protection of
the right to the organisation grants the rights to the state-participants of
the Convention to accept the legislation to the detriment of guarantees of this
convention.
Rather new
field of activity the ILO is its Program in the field of perfection of
management methods by the enterprises and labour productivity increases, and
also employment regulation. The ultimate goal of the Program the ILO on
management of the enterprises — to promote development in heads of the
enterprises of wider approach to the duties on training of the personnel and
other aspects of increase of labour productivity, mastering by heads of
technics of management by the modern enterprises, methods of management control
and to development of progressive sights at mutual relations between
administration and workers. Practical work of experts the ILO on such training,
and especially supervising personnel, to safety precautions regulations and a
factory hygiene has great value.
The primary
goals the ILO according to its charter:
— Working out
of the co-ordinated policy and the programs directed on the decision of social
problems;
— Working out
and acceptance of international-labour norms for realisation of the accepted
policy;
— The help to
member countries the ILO in the decision of problems of employment and
unemployment reduction;
— Protection
of labour human rights, improvement of conditions, labour safeties, mutual
relations of workers with administration working out of measures on special
protection in work and employment of the poorly socially protected groups of
the population.
By 2001 the
ILO has accepted more than 182 conventions and 190 recommendations (in Russia
operate less these 1/3 of conventions). Conventions the ILO for the country, to
them joined by their ratification, are obligatory for execution. The ILO
supervises it. Recommendations the ILO are not subject to ratification, but
their value that they often in detail explain conventions, supplement them, and
recommendations the ILO on the questions which have been not provided by
conventions, help with perfection of the national labour legislation. Many
recommendations simply duplicate conventions, helping those countries which
have not joined corresponding convention.
The basic
labour human rights were, as it was specified, are fixed by United Nations
certificates. These labour rights concretise certificates the ILO, for example,
about a forced labour interdiction — the Convention №29 (1936) and the
Convention № 105 (1957). In the convention № 29 it is developed the concept of
forced labour, of the Convention № 105 is given measures on forced labour
elimination, including its interdiction as a summary punishment measure are
expanded.
Considerable quantity
of certificates the ILO concretises positions of certificates of the United
Nations about equality in work and a discrimination interdiction in work and
employment (the Convention № 100, 111 and 117, etc.).
General
provisions on employment of the Pact of the United Nations of 1966 and in
particular about achievement by the state-participants of full productive
employment, are concretised in a number of conventions and the recommendations
the ILO concerning mainly to protection against unemployment of poorly
protected groups of the population (invalids, women, youth, elderly,
workers-migrants) or to certain branches (to agriculture, fishery, etc.). So,
the Convention № 122 “About the politician in the field of employment” (1964)
proclaims the active policy of the states in assistance of the full productive
and freely selected employment of able-bodied population.
In a number of
certificates the ILO criteria of a wrongful dismissal are established and
protection against them is provided. So, the Convention № 158 provides that
dismissal is possible only in the presence of the lawful bases connected with
abilities or behaviour of the worker or a recognition of manufacture by the
bankrupt.
The convention
the ILO № 47 “About reduction of working hours till forty o'clock in a week” in
1935 has established the international standard of working week — 40 hours as
normal working hours. This standard some developed countries, for example,
Fraction, under the national legislation have reduced till 39 o'clock in working
week, and now it has passed for 35-hour working week. Overtime works according
to certificates the ILO (the Recommendation № 116) are supposed only in certain
cases and limits and are subject to additional payment.
Annual
holidays paid for average earnings are established by Conventions the ILO №52
(1936) and № 132 (1970) according to which such holiday is given not less than
three working weeks for every year works. In the experience on holiday it is
set off both illness, and holiday on pregnancy and sorts. The convention № 14
“About weekly rest at the industrial enterprises” (1921) has established the
weekly days off.
Concerning
wages the ILO has accepted a number of conventions and recommendations,
basically they concern establishments of the state minimum of the salary (the
Convention № 131 1970), equal payment for equivalent work of the man and the
woman (the Convention № 100 1951), wages protection (the Convention № 95 1949),
obliging the states to provide regular payment of wages).
Especially the
ILO concerning a labour safety (the safety precautions and a factory hygiene),
in particular about an interdiction of use of some harmful substances (white
phosphorus, benzene, etc.) in manufacture, about a labour safety of children
and teenagers, the minimum age of their admission to separate kinds of work,
about an interdiction of use of their work and women on underground works,
about physical examination of children and teenagers for finding-out of their
suitability to work in the industry is a lot of conventions and
recommendations.
Recommendations
№ 130 are devoted an order of consideration of individual labour disputes.
Wide
circulation practice of hiring and employment of seamen through intermediary
(круинговые) has received the organisations.
Ratified
convention No 179 about hiring and employment of seamen establishes concrete
requirements to activity of such organisations (in the Convention - hiring and
employment services).
In particular
the Convention defines concept of competent body which means the minister, the
appointed official, the governmental department or other authority, authorised
to publish statutory acts, orders or the instructions having a binding force
concerning hiring and employment of seamen.
By the
convention it is established that the state defines conditions at which
delivery of licences, certificates or similar permissions to hiring and
employment service can stop or be cancelled in case of infringement of the
corresponding legislation.
By the
convention it is established that the competent body demands from services of
hiring and employment of acceptance of the measures providing presence of means
at the employer for protection of seamen from danger to appear left in
difficult situation in foreign port.
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