On the ratification of the Convention on Part-time Work (Convention 175)

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The Law of the Republic of Kazakhstan dated April 20, 2022 No. 115-VII SAM.

To ratify the Convention on Part-time Work (Convention 175), adopted in Geneva on 24 June 1994.

President of the Republic of Kazakhstan

K. TOKAEV

Unofficial translation

INTERNATIONAL LABOUR CONFERENCE

CONVENTION 175 Convention on Part-time Work adopted at the eighty-first session of the Conference, Geneva, 24 June 1994

authentic text

INTERNATIONAL LABOUR ORGANIZATION

CONVENTION No. 175

Part-time Work Convention

The General Conference of the International Labour Organization, convened in Geneva by the Governing Body of the International Labour Office and meeting on 7 June 1994 for its 81st session,

Bearing in mind the relevance to part-time workers of the provisions of the 1951 Convention on Equal Remuneration, the 1958 Convention on Discrimination in Employment and Occupation, and the 1981 Convention and Recommendation on Workers with Family Responsibilities,

Bearing in mind the relevance to these workers of the 1988 Convention on the Promotion of Employment and Protection against Unemployment and the 1984 Recommendation on Employment Policy (supplementary Provisions),

Recognizing the importance of productive and freely chosen employment for all workers, the economic importance of part-time work, the need for employment policies to take into account the role of part-time work in creating additional employment opportunities, and the need to ensure the protection of part-time workers in areas such as access to access to employment, working conditions and social security,

Having decided to adopt a number of proposals concerning part-time work, which is the fourth item on the agenda of the session,

Having decided to give these proposals the form of an international convention,

Adopts on this twenty-fourth day of June, one thousand nine hundred and ninety-four, the following Convention, which may be referred to as the Part-Time Employment Convention, 1994.

Article 1

1. In relation to this Convention:

(a) The term "part-time worker" means an employed person whose normal working hours are shorter than the normal working hours of full-time workers in a comparable situation.;

(b) The normal working hours specified in subparagraph (a) may be calculated on a Monday or on an average for a specified reference period.;

i) has the same type of employment;

(ii) Has the same or similar type of work or profession; and

(iii) Works in the same structural unit or, if it does not have full-time workers in a comparable situation, then in the same enterprise, or, if there are no full-time workers in that enterprise and in a comparable situation, then in the same branch of economic activity., as well as the corresponding part-time worker;

(d) Full-time workers who find themselves in partial unemployment due to a collective temporary reduction in their normal working hours for economic, technical or structural reasons are not considered part-time workers.

Article 2

This Convention does not affect the more favourable provisions applicable to part-time workers by virtue of other international labour conventions.

Article 3

1. This Convention applies to all part-time workers, on the understanding that each Member State may, after consultation with representative organizations of interested employers and workers, exclude certain categories of workers or enterprises from its scope of application, in whole or in part, if its application to them causes special problems of a significant nature.

2. Each Member State that has ratified this Convention and uses the opportunity provided for in the preceding paragraph, in its reports on the application of this Convention, sent in accordance with Article 22 of the Constitution of the International Labour Organization, shall indicate all the individual categories of workers or enterprises thus excluded and indicate the reasons why such exclusion was considered or is still considered necessary..

Article 4

Measures are being taken to ensure that part-time workers enjoy the same protection as full-time workers in a comparable situation with respect to:

(a) The right to organize, the right to collective bargaining and the right to act as workers' representatives;

(b) Occupational safety and health;

Article 5

Measures are being taken in accordance with national legislation and practice to ensure that part-time workers do not receive, solely because they are part-time, a basic salary calculated on an hourly basis, based on the results of the work of the enterprise or piecework, which would be less than the basic salary calculated by the same methods. the wages of full-time workers in a comparable situation.

Article 6

The social security systems provided for by law, covering persons engaged in professional activities, should be adapted in such a way that part-time workers enjoy conditions equivalent to those enjoyed by full-time workers in a comparable situation; these conditions may be determined in proportion to the length of working hours, contributions or earnings, or by other methods consistent with national legislation and practice.

Article 7

Measures are being taken to ensure that part-time workers are provided with conditions equivalent to those enjoyed by full-time workers in comparable situations in the following areas:

a) Maternity protection;

b) termination of the employment relationship;

c) annual paid leave or paid holidays;

d) sick leave,

on the understanding that cash payments can be calculated in proportion to the length of working hours or earnings.

Article 8

1. Part-time workers whose working hours or earnings are below the prescribed minimum may be excluded by a Member State.:

(a) From the scope of any statutory social security systems referred to in article 6, but not with respect to benefits related to work injury or occupational disease;

(b) From the scope of any measures taken in the areas referred to in article 7, with the exception of maternity protection measures, other than those defined by statutory social security systems.

2. The minimum standards specified in paragraph 1 should be low enough not to exclude an unreasonably large number of part-time workers.

3. A Member State availing itself of the opportunity provided for in paragraph 1:

(a) Periodically review the applicable minimum standards;

(b) In their reports on the application of the Convention, sent in accordance with Article 22 of the Constitution of the International Labour Organization, indicate the minimum standards in force, the reasons that served as the basis for their adoption, and indicate whether the possibilities of gradually extending legal protection to excluded workers are being considered.

4. Consultations are held with the most representative organizations of entrepreneurs and workers on the establishment, reconsideration and revision of the minimum standards specified in this article.

Article 9

1. Measures are being taken to facilitate access to productive and freely chosen part-time work that meets the interests of both entrepreneurs and workers, provided that the legal protection provided for in articles 4-7 above is ensured.

2. These measures include:

(a) Reviewing legislation that may prevent or encourage part-time work or negative attitudes towards it;

(b) The use of employment services, where they exist, to identify available part-time employment opportunities and to become familiar with them in the course of information and employment activities;

(c) The employment policy pays special attention to the needs and wishes of specific groups, such as the unemployed, workers with family responsibilities, older workers, workers with disabilities, and workers attending general education or vocational training courses.

3. These measures may also include conducting research and disseminating information on the extent to which part-time work meets the economic and social goals of entrepreneurs and workers.

Article 10

Where appropriate, measures are taken to ensure that the transition from a full-time job to a part-time job or vice versa is voluntary, in accordance with national legislation and practice.

Article 11

The provisions of this Convention are applied through legislation, unless they are applied through collective agreements or in any other way consistent with national practice. Prior to the adoption of such legislation, consultations are held with the most representative organizations of entrepreneurs and workers.

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 shall be binding only on those members of the International Labour Organization whose instruments of ratification have been registered by the Director General.

2. It will enter into force 12 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 State of the Organization 12 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 the Director General of the International Labour Office for registration. The denunciation will take effect one year after the date of its registration.

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,:

(a) The ratification by a Member of the Organization of a 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 shall be 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 eighty-first session, held in Geneva and declared closed on the twenty-fourth of June 1994.

In witness whereof, on June twenty-fifth, 1994, we signed our signatures:

Chairman of the Conference

S. D. GRAY

General manager

International Labour Office

M. HANSEN

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:

George Politax

Legal Advisor

International Labour Office

I certify a copy of Convention No. 175 "Convention on Part-time Work", adopted at the eighty-first session of the Conference of the International Labour Organization in Geneva on June 24, 1994.

Director of the Labor Department

and social partnership

K. Aliakbarkyzy

President

Republic of Kazakhstan

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