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Whereas
the League of Nations has for its object the establishment of
universal peace, and such a peace can be established only if it is
based upon social justice;
And
whereas conditions of labour exist involving such injustice,
hardship, and privation to large numbers of people as to produce
unrest so great that the peace and harmony of the world are
imperilled; and an improvement of those conditions is urgently
required: as, for example, by the regulation of the hours of work,
including the establishment of a maximum working day and week, the
regulation of the labour supply, the prevention of unemployment, the
provision of an adequate living wage, the protection of the worker
against sickness, disease and injury arising out of his employment,
the protection of children, young persons and women, provision for
old age and injury, protection of the interests of workers when
employed in countries other than their own recognition of the
principle of freedom of association, the organisation of vocational
and technical education and other measures;
Whereas
also the failure of any nation to adopt humane conditions of labour
is an obstacle in the way of other nations which desire to improve
the conditions in their own countries;
The
HIGH CONTRACTING PARTIES, moved by sentiments of justice and
humanity as well as by the desire to secure the permanent peace of
the world, agree to the following:
A
permanent organisation is hereby established for the promotion of
the objects set forth in the Preamble.
The
original Members of the League of Nations shall be the original
Members of this organisation, and hereafter membership of the League
of Nations shall carry with it membership of the said organisation.
The
permanent organisation shall consist of:
(1)
a General Conference of Representatives of the Members and,
(2)
an International Labour Office controlled by the Governing Body
described in Article 393.
The
meetings of the General Conference of Representatives of the Members
shall be held from time to time as occasion may require, and at
least once in every year. It shall be composed of four
Representatives of each of the Members, of whom two shall be
Government Delegates and the two others shall be Delegates
representing respectively the employers and the workpeople of each
of the Members.
Each
Delegate may be accompanied by advisers, who shall not exceed two in
number for each item on the agenda of the meeting. When questions
specially affecting women are to be considered by the Conference,
one at least of the advisers should be a woman.
The
members undertake to nominate non-Government Delegates and advisers
chosen in agreement with the industrial organisations, if such
organisations exist, which are most representative of employers or
workpeople, as the case may be, in their respective countries.
Advisers
shall not speak except on a request made by the Delegate whom they
accompany and by the special authorisation of the President of the
Conference, and may not vote.
A
Delegate may by notice in writing addressed to the President appoint
one of his advisers to act as his deputy, and the adviser, while so
acting, shall be allowed to speak and vote.
The
names of the Delegates and their advisers will be communicated to
the International Labour Office by the Government of each of the
Members.
The
credentials of Delegates and their advisers shall be subject to
scrutiny by the Conference, which may, by two-thirds of the votes
cast by the Delegates present, refuse to admit any Delegate or
adviser whom it deems not to have been nominated in accordance with
this Article.
Every
Delegate shall be entitled to vote individually on all matters which
are taken into consideration by the Conference.
If
one of the Members fails to nominate one of the nonGovernment
Delegates whom it is entitled to nominate, the other non-Government
Delegate shall be allowed to sit and speak at the Conference, but
not to vote.
If
in accordance with Article 389 the Conference refuses admission to a
Delegate of one of the Members, the provisions of the present
Article shall apply as if that Delegate had not been nominated.
The
meetings of the Conference shall be held at the seat of the League
of Nations, or at such other place as may be decided by the
Conference at a previous meeting by two-thirds of the votes cast by
the Delegates present.
The
International Labour Office shall be established at the seat of the
League of Nations as part of the organisation of the League.
The
International Labour Office shall be under the control of a
Governing Body consisting of twenty-four persons, appointed in
accordance with the following provisions:
The
Governing Body of the International Labour Office shall be
constituted as follows:
Twelve
persons representing the Governments;
Six
persons elected by the Delegates to the Conference representing the
employers;
Six
persons elected by the Delegates to the Conference representing the
workers.
Of
the twelve persons representing the Governments eight shall be
nominated by the Members which are of the chief industrial
importance, and four shall be nominated by the Members selected for
the purpose by the Government Delegates to the Conference, excluding
the Delegates of the eight Members mentioned above.
Any
question as to which are the Members of the chief industrial
importance shall be decided by the Council of the League of Nations.
The
period of office of the Members of the Governing Body will be three
years. The method of filling vacancies and other similar questions
may be determined by the Governing Body subject to the approval of
the Conference.
The
Governing Body shall, from time to time, elect one of its members to
act as its Chairman, shall regulate its own procedure and shall fix
its own times of meeting. A special meeting shall be held if a
written request to that effect is made by at least ten members of
the Governing Body.
There
shall be a Director of the International Labour Office, who shall be
appointed by the Governing Body, and, subject to the instructions of
the Governing Body, shall be responsible for the efficient conduct
of the International Labour Office and for such other duties as may
be assigned to him.
The
Director or his deputy shall attend all meetings of the Governing
Body.
The
staff of the International Labour Office shall be appointed by the
Director who shall, so far as is possible with due regard to the
efficiency of the work of the Office, select persons of different
nationalities A certain number of these persons shall be women.
The
functions of the International Labour Office shall include the
collection and distribution of information on all subjects relating
to the international adjustment of conditions of industrial life and
labour, and particularly the examination of subjects which it is
proposed to bring before the Conference with a view to the
conclusion of international conventions, and the conduct of such
special investigations as may be ordered by the Conference.
It
will prepare the agenda for the meetings of the Conference.
It
will carry out the duties required of it by the provisions of this
Part of the present Treaty in connection with international
disputes.
It
will edit and publish in French and English, and in such other
languages as the Governing Body may think desirable, a periodical
paper dealing with problems of industry and employment of
international interest.
Generally,
in addition to the functions set out in this Article, it shall have
such other powers and duties as may be assigned to it by the
Conference.
The
Government Departments of any of the Members which deal with
questions of industry and employment may communicate directly with
the Director through the Representative of their Government on the
Governing Body of the International Labour Office, or failing any
such Representative, through such other qualified official as the
Government may nominate for the purpose.
The
International Labour Office shall be entitled to the assistance of
the Secretary-General of the League of Nations in any matter in
which it can be given.
Each
of the Members will pay the travelling and subsistence expenses of
its Delegates and their advisers and of its Representatives
attending the meetings of the Conference or Governing Body, as the
case may be.
All
the other expenses of the International Labour Office and of the
meetings of the Conference or Governing Body shall be paid to the
Director by the Secretary-General of the League of Nations out of
the general funds of the League.
The
Director shall be responsible to the Secretary-General of the League
for the proper expenditure of all moneys paid to him in pursuance of
this Article.
The
agenda for all meetings of the Conference will be settled by the
Governing Body, who shall consider any suggestion as to the agenda
that may be made by the Government of any of the Members or by any
representative organisation recognised for the purpose of Article
389.
The
Director shall act as the Secretary of the Conference, and shall
transmit the agenda so as to reach the Members four months before
the meeting of the Conference, and, through them, the non-Government
Delegates when appointed.
Any
of the Governments of the Members may formally object to the
inclusion of any item or items in the agenda. The grounds for such
objection shall be set forth in a reasoned statement addressed to
the Director, who shall circulate it to all the Members of the
Permanent Organisation.
Items
to which such objection has been made shall not, however, be
excluded from the agenda, if at the Conference a majority of
two-thirds of the votes cast by the Delegates present is in favour
of considering them.
If
the Conference decides (otherwise than under the preceding
paragraph) by two-thirds of the votes cast by the Delegates present
that any subject shall be considered by the Conference, that subject
shall be included in the agenda for the following meeting.
The
Conference shall regulate its own procedure, shall elect its own
President, and may appoint committees to consider and report on any
matter.
Except
as otherwise expressly provided in this Part of the present Treaty,
all matters shall be decided by a simple majority of the votes cast
by the Delegates present.
The
voting is void unless the total number of votes cast is equal to
half the number of the Delegates attending the Conference.
The
Conference may add to any committees which it appoints technical
experts, who shall be assessors without power to vote.
When
the Conference has decided on the adoption of proposals with regard
to an item in the agenda, it will rest with the Conference to
determine whether these proposals should take the form: (a) of a
recommendation to be submitted to the Members for consideration with
a view to effect being given to it by national legislation or
otherwise, or (b) of a draft international convention for
ratification by the Members.
In
either case a majority of two-thirds of the votes cast by the
Delegates present shall be necessary on the final vote for the
adoption of the recommendation or draft convention, as the case may
be, by the Conference.
In
framing any recommendation or draft convention of general
application the Conference shall have due regard to those countries
in which climatic conditions, the imperfect development of
industrial organisation or other special circumstances make the
industrial conditions substantially different and shall suggest the
modifications, if any, which it considers may be required to meet
the case of such countries.
A
copy of the recommendation or draft convention shall be
authenticated by the signature of the President of the Conference
and of the Director and shall be deposited with the
Secretary-General of the League of Nations. The Secretary-General
will communicate a certified copy of the recommendation or draft
convention to each of the members.
Each
of the Members undertakes that it will, within the period of one
year at most from the closing of the session of the Conference, or
if it is impossible owing to exceptional circumstances to do so
within the period of one year, then at the earliest practicable
moment and in no case later than eighteen months from the closing of
the session of the Conference, bring the recommendation or draft
convention before the authority or authorities within whose
competence the matter lies, for the enactment of legislation or
other action.
In
the case of a recommendation, the Members will inform the
Secretary-General of the action taken.
In
the case of a draft convention, the Member will, if it obtains the
consent of the authority or authorities within whose competence the
matter lies, communicate the formal ratification of the convention
to the Secretary-General and will take such action as may be
necessary to make effective the provisions of such convention.
If
on a recommendation no legislative or other action is taken to make
a recommendation effective, or if the draft convention fails to
obtain the consent of the authority or authorities within whose
competence the matter lies, no further obligation shall rest upon
the Member.
In
the case of a federal State, the power of which to enter into
conventions on labour matters is subject to limitations, it shall be
in the discretion of that Government to treat a draft convention to
which such limitations apply as a recommendation only, and the
provisions of this Article with respect to recommendations shall
apply in such case.
The
above Article shall be interpreted in accordance with the following
principle:
In
no case shall any Member be asked or required, as a result of the
adoption of any recommendation or draft convention by the
Conference, to lessen the protection afforded by its existing
legislation to the workers concerned.
Any
convention so ratified shall be registered by the Secretary-General
of the League of Nations, but shall only be binding upon the Members
which ratify it.
If
any convention coming before the Conference for final consideration
fails to secure the support of two-thirds of the votes cast by the
Delegates present, it shall nevertheless be within the right of any
of the Members of the Permanent Organisation to agree to such
convention among themselves.
Any
convention so agreed to shall be communicated by the Governments
concerned to the Secretary-General of the League of Nations, who
shall register it.
Each
of the Members agrees to make an annual report to the International
Labour Office on the measures which it has taken to give effect to
the provisions of conventions to which it is a party. These reports
shall be made in such form and shall contain such particulars as the
Governing Body may request. The Director shall lay a summary of
these reports before the next meeting of the Conference.
In
the event of any representation being made to the International
Labour Office by an industrial association of employers or of
workers that any of the members has failed to secure in any respect
the effective observance within its jurisdiction of any convention
to which it is a party, the Governing Body may communicate this
representation to the Government against which it is made and may
invite that Government to make such statement on the subject as it
may think fit.
If
no statement is received within a reasonable time from the
Government in question, or if the statement when received is not
deemed to be satisfactory by the Governing Body, the latter shall
have the right to publish the representation and the statement, if
any, made in reply to it.
Any
of the Members shall have the right to file a complaint with the
International Labour Office if it is not satisfied that any other
Member is securing the effective observance of any convention which
both have ratified in accordance with the foregoing Articles.
The
Governing Body may, if it thinks fit, before referring such a
complaint to a Commission of Enquiry, as hereinafter provided for,
communicate with the Government in question in the manner described
in Article 409.
If
the Governing Body does not think it necessary to communicate the
complaint to the Government in question, or if, when they have made
such communication, no statement in reply has been received within a
reasonable time which the Governing Body considers to be
satisfactory, the Governing Body may apply for the appointment of a
Commission of Enquiry to consider the complaint and to report
thereon.
The
Governing Body may adopt the same procedure either of its own motion
or on receipt of a complaint from a Delegate to the Conference.
When
any matter arising out of Articles 410 or 411 is being considered by
the Governing Body, the Government in question shall, if not already
represented thereon, be entitled to send a representative to take
part in the proceedings of the Governing Body while the matter is
under consideration. Adequate notice of the date on which the matter
will be considered shall be given to the Government in question.
The
Commission of Enquiry shall be constituted in accordance with the
following provisions:
Each
of the Members agrees to nominate within six months of the date on
which the present Treaty comes into force three persons of
industrial experience, of whom one shall be a representative of
employers, one a representative of workers, and one a person of
independent standing, who shall together form a panel from which the
Members of the Commission of Enquiry shall be drawn.
The
qualifications of the persons so nominated shall be subject to
scrutiny by the Governing Body, which may be two-thirds of the votes
cast by the representatives present refuse to accept the nomination
of any person whose qualifications do not in its Opinion comply with
the requirements of the present Article.
Upon
the application of the Governing Body, the Secretary-General of the
League of Nations shall nominate three persons one from each section
of this panel, to constitute the Commission of Enquiry, and shall
designate one of them as the President of the Commission. None of
these three persons shall be a person nominated to the panel by any
Member directly concerned in the complaint.
The
Members agree that, in the event of the reference of a complaint to
a Commission of Enquiry under Article 411, they will each, whether
directly concerned in the complaint or not, place at the disposal of
the Commission all the information in their possession which bears
upon the subject-matter of the complaint.
When
the Commission of Enquiry has fully considered the complaint, it
shall prepare a report embodying its findings on all questions of
fact relevant to determining the issue between the parties and
containing such recommendations as it may think proper as to the
steps which should be taken to meet the complaint and the time
within which they should be taken.
It
shall also indicate in this report the measures, if any, of an
economic character against a defaulting Government which it
considers to be appropriate, and which it considers other
Governments would be justified in adopting.
The
Secretary-General of the League of Nations shall communicate the
report of the Commission of Enquiry to each of the Governments
concerned in the complaint, and shall cause it to be published.
Each
of these Governments shall within one month inform the
Secretary-General of the League of Nations whether or not it accepts
the recommendations contained in the report of the Commission- and
if not, whether it proposes to refer the complaint to the Permanent
Court of International Justice of the League of Nations.
In
the event of any Member failing to take the action required by
Article 405, with regard to a recommendation or draft Convention,
any other Member shall be entitled to refer the matter to the
Permanent Court of International Justice.
The
decision of the Permanent Court of International Justice in regard
to a complaint or matter which has been referred to it in pursuance
of Article 415 or Article 416 shall be final.
The
Permanent Court of International Justice may affirm, vary or reverse
any of the findings or recommendations of the Commission of Enquiry,
if any, and shall in its decision indicate the measures, if any, of
an economic character which it considers to be appropriate, and
which other Governments would be justified in adopting against a
defaulting Government.
In
the event of any Member failing to carry out within the time
specified the recommendations, if any, contained in the report of
the Commission of Enquiry, or in the decision of the Permanent Court
of International Justice, as the case may be, any other Member may
take against that Member the measures of an economic character
indicated in the report of the Commission or in the decision of the
Court as appropriate to the case.
The
defaulting Government may at any time inform the Governing Body that
it has taken the steps necessary to comply with the recommendations
of the Commission of Enquiry or with those in the decision of the
Permanent Court of International Justice, as the case may be, and
may request it to apply to the Secretary-General of the League to
constitute a Commission of Enquiry to verify its contention. In this
case the provisions of Articles 412, 413, 414, 415, 417 and 418
shall apply, and if the report of the Commission of Enquiry or the
decision of the Permanent Court of International Justice is in
favour of the defaulting Government, the other Governments shall
forthwith discontinue the measures of an economic character that
they have taken against the defaulting Government.
The
Members engage to apply conventions which they have ratified in
accordance with the provisions of this Part of the present Treaty to
their colonies, protectorates and possessions which are not fully
self-governing:
(1)
Except where owing to the local conditions the convention is
inapplicable, or
(2)
Subject to such modifications as may be necessary to adapt the
convention to local conditions.
And
each of the Members shall notify to the International Labour Office
the action taken in respect of each of its colonies, protectorates
and possessions which are not fully self-governing.
Amendments
to this Part of the present Treaty which are adopted by the
Conference by a majority of two-thirds of the votes cast by the
Delegates present shall take effect when ratified by the States
whose representatives compose the Council of the League of Nations
and by three-fourths of the Members.
Any
question or dispute relating to the interpretation of this Part of
the present Treaty or of any subsequent convention concluded by the
Members in pursuance of the provisions of this Part of the present
Treaty shall be referred for decision to the Permanent Court of
International Justice.
The
first meeting of the Conference shall take place in October, 1919.
The place and agenda for this meeting shall be as specified in the
Annex hereto.
Arrangements
for the convening and the organisation of the first meeting of the
Conference will be made by the Government designated for the purpose
in the said Annex. That Government shall be assisted in the
preparation of the documents for submission to the Conference by an
International Committee constituted as provided in the said Annex.
The
expenses of the first meeting and of all subsequent meetings held
before the League of Nations has been able to establish a general
fund, other than the expenses of Delegates and their advisers, will
be borne by the Members in accordance with the apportionment of the
expenses of the International Bureau of the Universal Postal Union.
Until
the League of Nations has been constituted all communications which
under the provisions of the foregoing Articles should be addressed
to the Secretary-General of the League will be preserved by the
Director of the International Labour Office, who will transmit them
to the Secretary-General of the League.
Pending
the creation of a Permanent Court of International Justice disputes
which in accordance with this Part of the present Treaty would be
submitted to it for decision will be referred to a tribunal of three
persons appointed by the Council of the League of Nations.
FIRST
MEETING OF ANNUAL LABOUR CONFERENCE, 1919.
The
place of meeting will be Washington.
The
Government of the United States of America is requested to convene
the Conference.
The
International Organising Committee will consist of seven Members,
appointed by the United States of America, Great Britain, France,
Italy, Japan, Belgium and Switzerland. The Committee may, if it
thinks necessary, invite other Members to appoint representatives.
Agenda:
(1)
Application of principle of the 8-hours day or of the 48-hours week.
(2)
Question of preventing or providing against unemployment.
(3)
Women's employment:
(a)
Before and after child-birth, including the question of maternity
benefit;
(b)
During the night;
(c)
In unhealthy processes.
(4)
Employment of children:
(a)
Minimum age of employment;
(b)
During the night;
(c)
In unhealthy processes.
(5)
Extension and application of the International Conventions adopted
at Berne in 1906 on the prohibition of night work for women employed
in industry and the prohibition of the use of white phosphorus in
the manufacture of matches.
The
High Contracting Parties, recognising that the well-being, physical,
moral and intellectual, of industrial wage-earners is of supreme
international importance, have framed, in order to further this
great end, the permanent machinery provided for in Section l and
associated with that of the League of Nations.
They
recognise that differences of climate, habits, and customs, of
economic opportunity and industrial tradition, make strict
uniformity in the conditions of labour difficult of immediate
attainment. But, holding as they do, that labour should not be
regarded merely as an article of commerce, they think that there are
methods and principles for regulating labour conditions which all
industrial communities should endeavour to apply, so far as their
special circumstances will permit.
Among
these methods and principles, the following seem to the High
Contracting Parties to be of special and urgent importance:
First.
The guiding principle above enunciated that labour should not be
regarded merely as a commodity or article of commerce.
Second.
The right of association for all lawful purposes by the employed as
well as by the employers.
Third.
The payment to the employed of a wage adequate to maintain a
reasonable standard of life as this is understood in their time and
country.
Fourth.
The adoption of an eight hours day or a forty-eight hours week as
the standard to be aimed at where it has not already been attained.
Fifth.
The adoption of a weekly rest of at least twenty-four hours, which
should include Sunday wherever practicable.
Sixth.
The abolition of child labour and the imposition of such limitations
on the labour of young persons as shall permit the continuation of
their education and assure their proper physical development.
Seventh.
The principle that men and women should receive equal remuneration
for work of equal value.
Eighth.
The standard set by law in each country with respect to the
conditions of labour should have due regard to the equitable
economic treatment of all workers lawfully resident therein.
Ninth.
Each State should make provision for a system of inspection in which
women should take part, in order to ensure the enforcement of the
laws and regulations for the protection of the employed.
Without
claiming that these methods and principles are either complete or
final, the High Contracting Parties are of opinion that they are
well fitted to guide the policy of the League of Nations; and that,
if adopted by the industrial communities who are members of the
League, and safeguarded in practice by an adequate system of such
inspection, they will confer lasting benefits upon the wage-earners
of the world.
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