On the ratification of the Convention on Equal Treatment and Equal Opportunities for Men and Women Workers: Workers with Family Responsibilities (Convention 156)
Law of the Republic of Kazakhstan dated November 16, 2012 No. 50-V
To ratify Convention on Equal Treatment and Equal Opportunities for Men and Women Workers: Workers with Family Responsibilities (Convention 156), adopted in Geneva by the 67th session of the General Conference of the International Labour Organization on June 23, 1981.
President of the Republic of Kazakhstan N. NAZARBAYEV
INTERNATIONAL LABOUR CONFERENCE CONVENTION 156 Convention on Equal Treatment and Equal Opportunities for Men and Women Workers: Workers with family responsibilities adopted at the sixty-seventh session of the Conference, Geneva, 23 June 1981
The General Conference of the International Labour Organization, convened in Geneva by the Governing Body of the International Labour Office and meeting on 3 June 1981 for its 67th session, taking into account the Philadelphia Declaration on the Aims and Objectives of the International Labour Organization, which declares: "All people, regardless of race, faith, or gender, have the right to pursue their material well-being and spiritual development in conditions of freedom and dignity, economic stability, and equal opportunities.", Taking note of the provisions of the Declaration on Equal Opportunities and Treatment for Women Workers and the resolution on the plan of action for the Promotion of Equal Treatment and Equal Opportunities for Women Workers, adopted by the International Labour Conference in 1975, taking into account the provisions of international conventions and recommendations on work aimed at ensuring equal treatment and equal opportunities for workers men and women, in particular the positions of The 1951 Convention and Recommendations on Equal Remuneration, The 1958 Convention and Recommendations on Discrimination in Employment and Occupation and section VIII of the 1975 Recommendation on Human Resource Development, Recalling that the 1958 Convention on Discrimination in Employment and Occupation does not directly address distinctions based on family responsibilities, and considering it necessary to adopt new standards in this area, taking into account Taking into account the provisions of the 1965 Recommendation on the Work of Women with Family Responsibilities and taking into account the changes that have occurred since its adoption, noting, That acts on equal treatment and equal opportunities for men and women have also been adopted by the United Nations and other specialized agencies, and recalling in particular the fourteenth preambular paragraph of the 1979 United Nations Convention on the Elimination of All Forms of Discrimination against Women, which states that States - The parties to the Convention "recognize that in order to achieve full equality between men and women, it is necessary to change the traditional roles of both men and women in society and in the family," recognizing that the problems of workers with family responsibilities are aspects of broader issues related to the family and society that need to be taken into account in national policies, Recognizing the need to establish genuine equality of treatment and opportunities for men and women workers with family responsibilities, as well as between these and other workers, considering, That many of the problems facing all workers are compounded for workers with family responsibilities, and recognizing the need to improve the situation of the latter by taking both measures that meet their special needs and measures aimed at improving the situation of workers in general, deciding to adopt a number of proposals on equal treatment and equal opportunities for men and women workers: workers with family responsibilities obligations, which is the fifth item on the agenda of the session, and having decided to give these proposals the form of an international convention, adopts the following Convention on June 23, 1981, which may be referred to as the 1981 Convention on Workers with Family Responsibilities:
Article 1
1. This Convention applies to men and women workers who have family responsibilities in relation to their dependent children, when such responsibilities limit their opportunities for training, access, participation or promotion in economic activities. 2. The provisions of this Convention also apply to male and female workers who have responsibilities towards other immediate family members who are in real need of care or assistance, when such responsibilities limit their opportunities for training, access, participation or promotion in economic activities. 3. For the purposes of this Convention, the terms "dependent child" and "other immediate family member who really needs care or assistance" mean persons identified in each country by one of the methods specified in article 9 of this Convention. 4. The workers to whom the provisions of paragraphs 1 and 2 of this article apply are hereinafter referred to as "workers with family responsibilities".
Article 2
This Convention applies to all branches of economic activity and to all categories of workers.
Article 3
1. In order to ensure genuine equality of treatment and opportunities for working men and women, one of the goals of the State policy of each Member of the Organization is to ensure that persons with family responsibilities who perform or wish to perform paid work can exercise their right to do so without discrimination and, as far as possible, harmoniously combining professional and family responsibilities. responsibilities. 2. For the purposes of paragraph 1 of this article, the term "discrimination" means discrimination in employment and occupation as defined in articles 1 and 5 of the 1958 Convention on Discrimination in Employment and Occupation.
Article 4
In order to establish genuine equality of treatment and opportunities for men and women workers, all measures appropriate to national circumstances and opportunities are being taken in order to: (a) Workers with family responsibilities were able to exercise their right to freely choose a job; (b) Their needs in terms of employment conditions and social security were taken into account.
Article 5
All measures appropriate to national circumstances and capabilities are also being taken in order to: (a) To take into account the needs of workers with family responsibilities when planning activities at the local level; (b) To develop or facilitate the development of public or private household services such as institutions and services for child care and family assistance.
Article 6
The competent authorities and authorities of each country shall take appropriate measures to promote the development of information and education that promote a broader public understanding of the principle of equal treatment and equal opportunities for men and women workers and the problems of workers with family responsibilities, as well as to promote public opinion that contributes to solving these problems.
Article 7
All measures are being taken that correspond to national conditions and opportunities, including measures in the field of vocational guidance and training that would allow workers with family responsibilities to start or continue their work, as well as resume it after being absent from work due to these responsibilities.
Article 8
Family responsibilities alone cannot serve as a basis for termination of employment relations.
Article 9
This Convention may be implemented through legislation or regulations, collective agreements, internal labour regulations of an enterprise, arbitral awards, court decisions or a combination of these methods, or, taking into account national circumstances, in any other way consistent with national practice.
Article 10
1. The provisions of this Convention may, if necessary, be applied in stages, taking into account national circumstances, but the measures taken to implement them shall in any case apply to all workers covered by paragraph 1 of article 1.2. Each Member ratifying this Convention shall, in the first report on its application, which is submitted in accordance with Article 22 of the Constitution of the International Labour Organization, indicate in respect of which of the provisions of the Convention it intends to avail itself of the opportunity provided for in paragraph 1 of this article, and indicate in subsequent reports to what extent it has implemented or intends to implement these provisions.
Article 11
Employers' and workers' organizations have the right to participate, in a manner appropriate to national circumstances and practices, in the development and application of measures aimed at implementing the provisions of this Convention.
Article 12
The official instruments of ratification of this Convention shall be sent to the Director General of the International Labour Office for registration.
Article 13
1. This Convention binds only those Members of the International Labour Organization whose instruments of ratification have been registered by the Director General. 2. It will enter into force twelve months after the date of registration by the Director General of the instruments of ratification of the two Members of the Organization. 3. Subsequently, this Convention will enter into force for each Member of the Organization twelve months after the date of registration of its instrument of ratification.
Article 14
1. Any Member that has ratified this Convention may, after ten years from the date of its initial entry into force, denounce it by a declaration of denunciation addressed to and registered by the Director-General of the International Labour Office. The denunciation takes effect one year after the date of registration of the act of denunciation. 2. For each Member of the Organization that has ratified this Convention and, within one year after the expiration of the ten years specified in the preceding paragraph, has not exercised the right of denunciation provided for in this article, the Convention shall remain in force for the next ten years, and it may subsequently denounce it after the expiration of each decade in accordance with the procedure provided for in this article.
Article 15
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 sent to him by the Members of the Organization. 2. In notifying the Members of the Organization of the registration of the second instrument of ratification received by him, the Director General shall draw their attention to the date of entry into force of this Convention.
Article 16
The Director-General of the International Labour Office shall transmit to the Secretary-General of the United Nations, for registration in accordance with Article 102 of the Charter of the United Nations, comprehensive information on all ratifications and declarations of denunciation registered by him in accordance with the provisions of the preceding articles.
Article 17
In cases where the Governing Body of the International Labour Office considers it necessary, it shall submit to the General Conference a report on the application of this Convention and consider the desirability of including in the agenda of the Conference the issue of its revision in whole or in part.
Article 18
1. If the Conference adopts a new convention revising this Convention in whole or in part, and unless the new convention provides otherwise, then: (a) The ratification by any Member of the new revising Convention shall automatically entail, regardless of the provisions of article 14, the immediate denunciation of this Convention, provided that the new revising Convention, has entered into force; b) from the date of entry into force of the new, revising convention, this Convention is closed for ratification by the Members of the Organization. 2. In any case, this Convention remains in force in form and content for those Members of the Organization who have ratified it but have not ratified the revising Convention.
Article 19
The English and French texts of this Convention are equally authentic.
The above text is the authentic text of the Convention duly adopted by the General Conference of the International Labour Organization at its sixty-seventh session, held in Geneva and declared closed on the twenty-fourth of June 1981. In witness whereof, on June twenty-fifth, 1981, we signed our signatures:
ALIONG DIAN, Chairman of the Conference Director General of the International Labour Office
FRANCIS BLANCHARD
The above text of the Convention is a true copy of the text, certified by the signatures of the President of the International Labour Conference and the Director General of the International Labour Office. The accuracy and completeness of the copy is verified,
for the Director General of the International Labour Office:
The DEREPA Hatch
Legal Advisor International Labour Office
I certify a copy of Convention No. 156 "Convention on Equal Treatment and Equal Opportunities for Men and Women Workers: Workers with Family Responsibilities", adopted at the eighty-seventh session of the Conference of the International Labour Organization in Geneva on June 23, 1981.
Head of the Department of International Law of the Ministry of Foreign Affairs of the Republic of Kazakhstan B.Piskorsky
I certify a copy of Convention No. 156 "Convention on Equal Treatment and Equal Opportunities for Men and Women Workers: Workers with Family Responsibilities", adopted at the sixty-seventh session of the Conference of the International Labour Organization in Geneva on June 23, 1981.
Director of the Department of Labor and Social Partnership A.Sarbasov
List of States parties to ILO Convention No. 156
state
Date of ratification
status
Albania
11.10.2007
ratified
Argentina
17.03.1988
ratified
Australia
30.03.1990
ratified
Azerbaijan
29.10.2010
ratified
Belize
22.06.1999
ratified
Bolivia
01.09.1998
ratified
Bosnia and Herzegovina
02.06.1993
ratified
Bulgaria
03.04.2006
ratified
Chile
14.10.1994
ratified
Croatia
08.10.1991
ratified
El Salvador
12.10.2000
ratified
Ethiopia
28.01.1991
ratified
Finland
09.02.1983
ratified
France
16.03.1989
ratified
Greece
10.06.1988
ratified
Guatemala
06.01.1994
ratified
Guinea
16.10.1995
ratified
Iceland
22.06.2000
ratified
Japan
09.06.1995
ratified
Republic of Korea
29.03.2001
ratified
Lithuania
06.05.2004
ratified
The Yugoslav Republic of Macedonia
17.11.1991
ratified
Mauritius
05.04.2004
ratified
Montenegro
06.06.2006
ratified
Netherlands
24.03.1988
ratified
Nigeria
05.06.1985
ratified
Norway
22.06.1982
ratified
Paraguay
21.12.2007
ratified
Peru
16.06.1986
ratified
Portugal
02.05.1985
ratified
Russian Federation
13.02.1998
ratified
San Marino
19.04.1988
ratified
Serbia
24.11.2000
ratified
Slovakia
14.06.2002
ratified
Slovenia
29.05.1992
ratified
Spain
11.09.1985
ratified
Sweden
11.08.1982
ratified
Ukraine
11.04.2000
ratified
Uruguay
16.11.1989
ratified
Venezuela
27.11.1984
ratified
Yemen
13.03.1989
ratified
ratified: 41 ratifications with reservation - 0 declaration of applicability - 0 denounced - 0
RCPI's note! The following is the text of the Convention in English and French.
President
Republic of Kazakhstan
© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan
Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases