International Labor Organization Convention 159. List of ILO conventions in force in the Russian Federation

CONVENTION 159
on vocational rehabilitation and employment of disabled people *

Ratified
By the decree of the Presidium of the Supreme Soviet of the USSR
dated March 29, 1988 N 8694-XI

________________

taking note of the existing international standards contained in the 1955 Recommendation on the Retraining of Persons with Disabilities and the 1975 Recommendation on the Development of Human Resources,

noting that since the adoption of the 1955 Recommendation on the Retraining of Persons with Disabilities, there have been significant changes in the understanding of rehabilitation needs, in the coverage and organization of rehabilitation services, and in the legislation and practice of many Member States on matters falling within the scope of that Recommendation,

considering that these changes have made it advisable to adopt new international standards on this issue, which would take particular into account the need to ensure equality of treatment and opportunities for all categories of persons with disabilities, in both rural and urban areas, in employment and social inclusion,

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

adopts on 20 June 1983 the next convention, which will be called the Vocational Rehabilitation and Employment of Persons with Disabilities 1983 Convention.

Section I. Definitions and Scope

Article 1

2. For the purposes of this Convention, each Member State considers it the task of vocational rehabilitation to provide a person with a disability with the opportunity to obtain, maintain a suitable job and advance in service, thereby contributing to his social integration or reintegration.

3. The provisions of this Convention shall be applied by each Member State by means of measures that are appropriate to national conditions and do not conflict with national practice.

4. The provisions of this Convention apply to all categories of persons with disabilities.

Section II. Vocational Rehabilitation Principle and Policy
employment for persons with disabilities

Article 2

Each Member State, in accordance with national circumstances, practices and capacities, develops, implements and periodically revises a national policy on vocational rehabilitation and employment for persons with disabilities.

Section 3

This policy aims to ensure that appropriate vocational rehabilitation measures are applied to all categories of persons with disabilities, as well as to promote employment opportunities for persons with disabilities in the free labor market.

Section 4

This policy is based on the principle of equality of opportunity for persons with disabilities and workers in general. Equality of treatment and opportunities for disabled men and women workers is respected. Special affirmative action measures aimed at ensuring genuine equality of treatment and opportunity for persons with disabilities and other workers are not considered discriminatory against other workers.

Section 5

Representative organizations of employers and workers are being consulted on the implementation of these policies, including measures to be taken to promote cooperation and coordination between public and private bodies involved in vocational rehabilitation. Consultations are also being held with representative organizations of persons with disabilities and persons with disabilities.

Section III. National action to develop services
vocational rehabilitation and employment of disabled people

Section 6

Each Member State, through laws or regulations, or by any other method appropriate to national circumstances and practice, shall take such measures as may be necessary to give effect to the provisions of Articles 2, 3, 4 and 5 of this Convention.

Section 7

The competent authorities shall take measures to organize and evaluate vocational guidance, vocational training, employment, employment and other related services to enable persons with disabilities to obtain, maintain and advance jobs; existing services for workers in general are used where possible and appropriate, with the necessary adaptation.

Section 8

Measures are being taken to promote the establishment and development of vocational rehabilitation and employment services for people with disabilities in rural areas and remote areas.

Section 9

Each Member State aims to provide training and availability of rehabilitation counselors and other appropriately qualified personnel responsible for career guidance, vocational training, employment and employment of persons with disabilities.

Section IV. Final provisions

Section 10

The formal instruments of ratification of this Convention shall be sent to the Director General of the International Labor Office for registration.

Article 11.

1. This Convention is only binding on those Members of the International Labor Organization whose instruments of ratification have been registered by the Director General.

2. It shall enter into force twelve months after the date of the registration by the Director General of the instruments of ratification of two Members of the Organization.

3. Thereafter, this Convention shall enter into force for each Member State of the Organization twelve months after the date of the registration of its instrument of ratification.

Section 12

1. Each Member that has ratified this Convention, after ten years from the date of its initial entry into force, may denounce it by a declaration of denunciation addressed to the Director General of the International Labor Office for registration. 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 referred to in the preceding paragraph, has not exercised the right of denunciation provided for in this article, the Convention will remain in force for the next ten years and may subsequently be denounced by the expiration of each decade in the manner prescribed in this article.

Section 13

1. The Director General of the International Labor Office shall notify all members of the International Labor Organization of the registration of all instruments of ratification and denunciation sent to him by the Members of the Organization.

2. When 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 14

The Director-General of the International Labor 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 previous articles.

Article 15.

In cases where the Governing Body of the International Labor Office deems 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 question of its full or partial revision.

Article 16

1. If the Conference adopts a new convention revising this Convention in whole or in part, and unless otherwise provided in the new convention, then:

a) the ratification by any Member of the Organization of a new revising convention entails automatically, notwithstanding the provisions of Article 12, 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 Members of the Organization.

2. This Convention shall in any event remain in force in form and content for those Members of the Organization that have ratified it but have not ratified the revising Convention.

The English and French versions of the text of this Convention are equally authoritative.

The text of the document is verified by:
"ILO Conventions and Recommendations"
vol. 2, Geneva, 1991

Vocational Rehabilitation and Employment Recommendation for Persons with Disabilities

The General Conference of the International Labor Organization, convened at Geneva by the Governing Body of the International Labor Office and met on June 1, 1983 for its 69th Session,

taking note of the existing international standards contained in the 1955 Recommendation concerning the Retraining of Persons with Disabilities,

noting that since the adoption of the 1955 Recommendation on the Retraining of Persons with Disabilities, there have been significant changes in the understanding of rehabilitation needs, in the scope and organization of rehabilitation services, and in the legislation and practice of many Member States on matters within the scope of the said Recommendation,

considering that 1981 was proclaimed by the United Nations General Assembly as the International Year of Persons with Disabilities under the slogan “Full participation and equality” and that the comprehensive World Program of Action for Persons with Disabilities must take effective international and national measures to achieve the goals of “full participation” of persons with disabilities in social life and development, as well as "equality"

considering that these changes have made it advisable to adopt new international norms on this issue, which would take particular into account the need to ensure equality of treatment and opportunities for all categories of persons with disabilities, both rural and urban, in employment and social inclusion,

having decided upon the adoption of certain proposals on vocational rehabilitation, which is item 4 of the agenda of the session,

having decided to take these proposals in the form of a recommendation supplementing the Vocational Rehabilitation and Employment of Persons with Disabilities Convention, 1983 and the Retraining of Persons with Disabilities Recommendation, 1955,

adopts on 20 June 1983 the following Recommendation, which will be called the Vocational Rehabilitation and Employment of Persons with Disabilities Recommendation, 1983.

I. Definitions and scope

1. For Member States, applying the provisions of this Recommendation, as well as the 1955 Recommendation concerning the Retraining of Persons with Disabilities, the term "disabled" should be understood as referring to persons whose opportunities to obtain and maintain suitable employment and advancement are significantly limited due to adequate a confirmed physical or mental defect.

2. Member States, applying this Recommendation, as well as the 1955 Recommendation concerning the Retraining of Persons with Disabilities, should consider the purpose of vocational rehabilitation, as defined in the last Recommendation, to enable persons with disabilities to obtain and maintain suitable employment and advancement, thereby contributing to their social integration or reintegration.

4. Vocational rehabilitation measures should apply to all categories of persons with disabilities.

5. In the planning and provision of vocational rehabilitation and employment services for persons with disabilities, the existing vocational guidance, training, employment, employment and related services for workers in general should be used and adapted to the extent possible for persons with disabilities.

6. Vocational rehabilitation should begin as early as possible. To this end, health systems and other bodies responsible for medical and social rehabilitation should regularly cooperate with bodies responsible for vocational rehabilitation.

II. Vocational rehabilitation and employment opportunities for people with disabilities

7. Disabled workers should enjoy equality of opportunity and treatment to ensure that employment is secure, retained and promoted in a career that, where possible, is consistent with their personal choice and suitability.

8. When organizing vocational rehabilitation and providing assistance to people with disabilities in employment, the principle of equal treatment and opportunities for men and women workers should be observed.

9. Special affirmative action measures aimed at ensuring genuine equality of treatment and opportunity for persons with disabilities and other workers should not be considered discriminatory against other workers.

10. Measures should be taken to promote the employment of persons with disabilities, consistent with the employment and wage standards applicable to workers in general.

11. Such measures, in addition to those listed in section VII of the 1955 Re-qualification Recommendation for Persons with Disabilities, should include:

a) appropriate measures to create employment opportunities in the free labor market, including financial incentives for entrepreneurs to encourage their activities in organizing vocational training and subsequent employment of persons with disabilities, as well as for the reasonable adaptation of workplaces, labor operations, tools, equipment and labor organization, to facilitate such learning and employment for persons with disabilities;

b) the provision of appropriate assistance by the government in the creation of various types of specialized enterprises for disabled people who have no real opportunity to get a job in non-specialized enterprises;

(c) Encouraging cooperation between specialized and production workshops in organization and management in order to improve the employment situation of disabled workers working for them and, if possible, help prepare them for normal work;

d) the provision by the government of appropriate assistance to vocational training, vocational guidance, specialized enterprises and employment of persons with disabilities run by non-governmental organizations;

e) promoting the creation and development of cooperatives for and for disabled people, in which workers in general can participate, if appropriate;

(e) The provision by the Government of appropriate assistance in the establishment and development of persons with disabilities and for persons with disabilities (and, if appropriate, workers in general) of small industrial enterprises, cooperatives and other types of production workshops, provided that such workshops meet the established minimum standards;

g) elimination, if necessary in stages, of natural, communication and architectural barriers and obstacles that impede passage, access and free movement in premises intended for vocational training and work of disabled persons; take into account the relevant regulations in new public buildings and equipment;

h) where possible and expedient, assistance in the development of means of transport appropriate to the needs of persons with disabilities, bringing them to and from places of rehabilitation and work;

i) encouraging the dissemination of information on examples of actual and successful labor integration of persons with disabilities;

j) exemption from internal taxes or any other internal charges levied upon import or subsequently on certain goods, educational materials and equipment necessary for rehabilitation centers, production workshops, entrepreneurs and persons with disabilities, as well as certain devices and apparatus necessary to assist persons with disabilities in getting and keeping a job;

k) provision of employment on a part-time basis and other labor measures in accordance with the individual characteristics of persons with disabilities who, at present, and also at any time in the future, will practically not be able to get a job on a full-time basis;

l) conducting research and the possible application of its results to various types of disabilities in order to facilitate the participation of persons with disabilities in normal working life;

m) government assistance to eliminate the potential for exploitation in vocational training and specialized enterprises and to facilitate the transition to a free labor market.

12. All forms of vocational training should be taken into account when designing programs for the labor and social integration or reintegration of persons with disabilities; these should include, where necessary and appropriate, vocational training and education, modular training, domestic rehabilitation, literacy and other vocational rehabilitation-related areas.

13. In order to ensure normal work and, therefore, social integration or reintegration of persons with disabilities, special measures of assistance must also be taken into account, including the provision of accommodations, apparatus and other individual services to enable persons with disabilities to obtain and maintain suitable jobs and advancement. ...

14. Vocational rehabilitation measures for persons with disabilities should be monitored in order to assess the results of such measures.

III. Local events

15. In both urban, rural and remote areas, vocational rehabilitation services should be established and operated with the fullest possible participation of the public, especially with the participation of representatives of employers 'organizations, workers' organizations and organizations of persons with disabilities.

16. Activities to establish vocational rehabilitation services for persons with disabilities at the local level should be promoted through carefully designed public information measures to:

a) informing people with disabilities and, if necessary, their families about their rights and employment opportunities;

b) overcoming prejudices, misinformation and unfavorable attitudes towards employment of persons with disabilities and towards their social integration or reintegration.

17. Local leaders or local groups, including persons with disabilities themselves and their organizations, should work with health, welfare, education, labor authorities and other relevant government bodies to identify the needs of persons with disabilities in the area and ensure that people with disabilities have participated in community activities and services whenever possible.

18. Vocational rehabilitation and employment services for people with disabilities should be an integral part of the development of a given locality and receive financial, material and technical assistance as needed.

19. There is a need for formal recognition of voluntary organizations that have proven themselves best in providing vocational rehabilitation services and in providing opportunities for persons with disabilities to work and socially integrate or reintegrate.

IV. Vocational rehabilitation in rural areas

20. Special measures need to be taken to ensure that vocational rehabilitation services are provided to people with disabilities in rural areas and remote areas at the same level and under the same conditions as in urban areas. The development of such services should be an integral part of national rural development policies.

21.To this end, it is necessary, where appropriate, to take steps to:

(a) Designate existing vocational rehabilitation services in rural areas or, if they do not exist, designate vocational rehabilitation services in urban areas as training centers for rural areas for rehabilitation personnel;

b) establish mobile vocational rehabilitation services that serve the disabled in rural areas and serve as centers for the dissemination of information on vocational training and employment opportunities for disabled people in rural areas;

c) train workers in rural and local development programs in vocational rehabilitation techniques;

d) provide loans, grants or tools and materials to help people with disabilities in rural areas create and manage cooperatives or independently engage in crafts, handicraft or agricultural or other activities;

e) include assistance to persons with disabilities in ongoing or planned general rural development activities;

(e) Assist persons with disabilities to keep their housing at a reasonable distance from their place of work.

V. Training

22. In addition to specially trained counselors and vocational rehabilitation specialists, all other persons involved in vocational rehabilitation of persons with disabilities and the development of employment opportunities should receive vocational training or rehabilitation orientation.

23. Persons involved in vocational guidance, vocational training and employment in general should have the necessary knowledge of physical and mental disabilities and their limiting effects, as well as knowledge of existing support services in order to facilitate the active economic and social inclusion of persons with disabilities. These individuals need to be given the opportunity to bring their knowledge in line with the new requirements of the times and to gain experience in these areas.

24. The training, qualifications and remuneration of personnel involved in vocational rehabilitation and training of disabled persons must correspond to the training, qualifications and remuneration of persons engaged in general vocational training and performing similar tasks and duties; career opportunities should be matched to those of both groups of professionals, and the transition from vocational rehabilitation to general vocational training and vice versa should be encouraged.

25. The personnel of the vocational rehabilitation system of specialized and industrial enterprises should receive, as part of their general training and as required, training in the field of production management, production technology and marketing.

26. Where a sufficient number of fully trained rehabilitation staff are not available, consideration should be given to recruiting and training vocational rehabilitation assistants and support staff. These assistants and support staff should not be used in the place of fully trained professionals. Wherever possible, provision should be made for upgrading the skills of these personnel in order to fully include them in the number of trained personnel.

27. Where necessary, the establishment of regional and subregional vocational rehabilitation training centers should be encouraged.

28. Persons engaged in vocational guidance and training, employment and work assistance for persons with disabilities should have adequate training and experience to identify motivational problems and difficulties that persons with disabilities may experience and, within their competence, to take into account the resulting needs.

29. Where necessary, measures should be taken to encourage persons with disabilities to pursue vocational rehabilitation training and to help them get jobs in this field.

30. Persons with disabilities and their organizations should be consulted on the design, implementation and evaluation of training programs for vocational rehabilitation.

VI. Contribution of employers 'and workers' organizations to the development of vocational rehabilitation services

31. Employers 'and workers' organizations should pursue policies to promote training and provide people with disabilities with suitable work on the basis of equality with other workers.

32. Organizations of employers and workers together with persons with disabilities and their organizations should be able to contribute to the development of policies regarding the organization and development of vocational rehabilitation services, as well as research and legislative proposals in this area.

33. Where possible and appropriate, representatives of employers 'organizations, workers' organizations and organizations of persons with disabilities should be included in the councils and committees of the centers for vocational rehabilitation and vocational training used by persons with disabilities that make decisions on general and technical issues in order to ensure program compliance vocational rehabilitation needs of various sectors of the economy.

34. Where possible and appropriate, representatives of employers and workers in the enterprise should cooperate with appropriate specialists in considering the possibilities of vocational rehabilitation and redistributing the work of persons with disabilities employed in the enterprise and of providing work to other persons with disabilities.

35. Where possible and appropriate, enterprises should be encouraged to establish or maintain, in close cooperation with local and other rehabilitation services, their own vocational rehabilitation services, including various types of specialized enterprises.

36. Where possible and appropriate, employers' organizations should take measures to:

a) advise its members on vocational rehabilitation services that may be provided to workers with disabilities;

b) cooperate with bodies and institutions promoting active labor reintegration of persons with disabilities, informing them, for example, about working conditions and professional requirements that people with disabilities must satisfy;

c) to advise its members on the changes that may be made in relation to workers with disabilities, in the main responsibilities or requirements for the relevant types of work;

d) recommend that its members study the possible consequences of the reorganization of production methods so that they do not lead to the unintentional deprivation of work for disabled people.

37. Where possible and appropriate, workers' organizations need to take measures to:

a) facilitate the participation of workers with disabilities in discussions directly at the place of work and in the boards of the enterprise or in any other body representing workers;

b) propose the main directions of vocational rehabilitation and protection of workers who became disabled as a result of illness or accident at work or at home, and include such principles in collective agreements, rules, arbitral awards or other relevant acts;

c) advise on activities carried out at the workplace and concerning workers with disabilities, including the adaptation of labor knowledge, the special organization of labor, the determination of professional suitability and employment, and the establishment of production standards;

d) raise the problems of vocational rehabilitation and employment of persons with disabilities at trade union meetings and inform their members through publications and seminars about the problems and opportunities of vocational rehabilitation and employment of persons with disabilities.

VII. Contribution of persons with disabilities and their organizations to the development of vocational rehabilitation services

38. In addition to the participation of persons with disabilities, their representatives and organizations in the rehabilitation activities referred to in paragraphs 15, 17, 30, 32 and 33 of this Recommendation, measures to involve persons with disabilities and their organizations in the development of vocational rehabilitation services should include:

a) encouraging the participation of persons with disabilities and their organizations in the development of activities at the local level aimed at the vocational rehabilitation of persons with disabilities in order to promote their employment or their social integration or reintegration;

b) the provision of appropriate support by the government for the development of organizations of persons with disabilities and for persons with disabilities and their participation in vocational rehabilitation and employment services, including support for the provision of training programs for persons with disabilities in the field of their social self-affirmation;

c) the provision of appropriate support by the government to these organizations in the implementation of public education programs aimed at creating a positive picture of the abilities of persons with disabilities.

Viii. Vocational rehabilitation in the framework of social security systems

39. Applying the provisions of this Recommendation, Member States should also be guided by the provisions of Article 35 of the Minimum Social Security Convention of 1952, the provisions of Article 26 of the Workers Injury Convention of 1964 and the provisions of Article 13 of the Disability Benefits Convention of 1967, old age and in case of loss of the breadwinner to the extent that they are not bound by obligations arising from the ratification of these acts.

40. Where possible and appropriate, social security systems should provide or facilitate the organization, development and financing of vocational training, employment and employment programs (including employment in specialized enterprises) and vocational rehabilitation services for persons with disabilities, including rehabilitation advice.

41. These systems should also include incentives for people with disabilities to seek work and measures to facilitate their gradual transition to the free labor market.

IX. Coordination

42. Measures must be taken to ensure, as far as practicable, that vocational rehabilitation policies and programs are coordinated with socioeconomic development policies and programs (including research and advanced technology) that influence labor management and general policy in the field of employment, to promote employment, vocational training, social integration, social security, cooperatives, rural development, small industry and crafts, labor safety and hygiene, to adapt labor methods and organization to individual needs and to improve working conditions.

The text of the document is verified by:
"Vocational rehabilitation
and employment for people with disabilities, "
N 2, 1995

ILO Convention 159 (Vocational Rehabilitation and Employed / Disabled);

ILO Conventions 177 (Homework)

UN Universal Declaration of Human Rights Convention on the Rights of the Child.

Convention No. 155 of the International Labor Organization (ILO) "On Occupational Safety and Health and the Working Environment", which entered into force on August 11 in 1983, defines a system for organizing labor protection at the national and industrial levels. According to the Convention, employers are obligated to provide jobs, machinery and equipment, organize production processes in accordance with established international safety standards, and take measures to create appropriate services for management and supervision of labor protection.

The Convention also provides for the provision of necessary information to bodies of public control over labor protection, training and consultations. In accordance with the requirements of the document, the employer is obliged to develop measures and means to prevent occupational injuries and to investigate and record accidents and occupational diseases.

The ILO, one of the oldest international organizations, was established in 1919. It is the main international coordinating body in the field of labor protection. Ukraine has been a member of the ILO since 1954. A significant number of documents adopted by the ILO have been ratified in Ukraine. Among them are the most important normative acts that relate to fundamental human rights in the labor process. The ILO has a system of monitoring the implementation in member countries of the requirements of conventions and recommendations. In Ukraine, the ILO project "Mobilization of enterprises and workers to prevent the abuse of harmful substances" is being implemented.

Within the framework of the TACIS program, with the aim of cooperation in the field of labor protection of Ukraine with the European Union, a "Project for the Promotion of Labor Protection in Ukraine (in order to increase the level of effectiveness)" has been created, which provides for the improvement of the regulatory framework, the establishment of an Information Center from campaigning and propaganda and the development of a mechanism economic calculations at enterprises aimed at creating safe and healthy working conditions for workers.

Ukraine is a member of the International Atomic Energy Agency (IAEA), the International Health Organization (MOH) and other specialized agencies of the United Nations and implements their approved regulations and recommendations regarding the health and lives of workers.

Ukraine ratified 62 conventions of the International Labor Organization (ILO), implemented about 20 common projects, some of which continue to be implemented now.
Thanks to constructive cooperation with the ILO, the Ukrainian government and social partners have the opportunity to gain extensive international experience in the field of reforming social and labor relations.

Ukraine is interested in further cooperation and in obtaining international technical and expert assistance. Such assistance is needed to develop an effective system of social dialogue, in particular through its institutionalization and legal support, reform of labor legislation and bring it into line with international labor standards, as well as for the development of the state labor inspection system.

Test questions for the lecture 1

“International Labor Protection Standards”

1. The concept of social partnership (social dialogue). Social partnership concept. The basic principles of social partnership. Parties to social partnership. The subject of social partnership.

2. The provisions that are negotiated in the framework of social partnership. What is related to social partnership? The legal model of social partnership in Ukraine and its legislative and regulatory framework.

3. What are regulated EU Standards. EU legislative framework on labor protection?

4. What are the legal basis for labor safety protection based on? What are the regulatory legal acts in the field of labor protection? .

5. Labor standards of the International Labor Organization. ILO Conventions and Recommendations. Key ILO Conventions in the field of labor protection. Tasks of the ILO.

The General Conference of the International Labor Organization, convened at Geneva by the Governing Body of the International Labor Office and met on June 1, 1983 for its 69th Session,
Noting the existing international standards contained in the 1955 Recommendation on the Re-qualification of Persons with Disabilities and the 1975 Recommendation on the Development of Human Resources,
Noting that since the adoption of the 1955 Recommendation on the Re-qualification of Persons with Disabilities, there have been significant changes in the understanding of rehabilitation needs, in the scope and organization of rehabilitation services, as well as in the laws and practices of many Member States on matters falling within the scope of this Recommendation,
Considering that 1981 was proclaimed by the United Nations General Assembly as the International Year of Persons with Disabilities under the slogan “Full participation and equality” and that the comprehensive World Program of Action for Disabled Persons should implement effective measures at the international and national levels to implement the goals of “full participation” of persons with disabilities in social life and development, as well as “equality”,
Considering that these changes have made it expedient to adopt new international standards on this issue, which would particularly take into account the need to ensure equal treatment and opportunities for all categories of persons with disabilities in both rural and urban areas, in employment and social integration,

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[unofficial translation]

THE INTERNATIONAL LABOUR ORGANIZATION

CONVENTION N 159
ABOUT PROFESSIONAL REHABILITATION AND EMPLOYMENT

General Conference of the International Labor Organization,
convened in Geneva by the Governing Body of the International Labor Office and convened at the 69th session on 1 June 1983,
Noting the existing international standards contained in the 1955 Recommendation on the Re-qualification of Persons with Disabilities and the 1975 Recommendation on the Development of Human Resources,
Noting that since the adoption of the 1955 Recommendation on the Re-qualification of Persons with Disabilities, there have been significant changes in the understanding of rehabilitation needs, in the scope and organization of rehabilitation services, as well as in the laws and practices of many Member States on issues falling within the scope of this Recommendation,
Considering that 1981 was proclaimed by the United Nations General Assembly as the International Year of Disabled Persons under the slogan “Full participation and equality” and that the comprehensive World Program of Action for Disabled Persons should implement effective measures at the international and national levels to implement the goals of “full participation” of persons with disabilities social life and development, as well as “equality”,
Considering that these changes have made it expedient to adopt new international standards on this issue, which would particularly take into account the need to ensure equal treatment and opportunities for all categories of persons with disabilities in both rural and urban areas, in employment and social integration,
Having decided to accept a number of proposals for vocational rehabilitation, which is item 4 of the agenda of the session,
Having decided to give these proposals the form of an international convention,
Adopts the following convention on June 20, 1983, which will be called the 1983 Convention on Vocational Rehabilitation and Employment of Persons with Disabilities.

Section I. DEFINITIONS AND SCOPE

Article 1

1. For the purposes of this Convention, the term "disabled" means a person whose ability to obtain, maintain a suitable job and advance in service is significantly limited due to a duly proven physical or mental handicap.
2. For the purposes of this Convention, each Member State considers the task of vocational rehabilitation to provide the disabled person with the opportunity to receive, retain suitable work and advance in service, thereby contributing to his social integration or reintegration.
3. The provisions of this Convention shall be applied by each Member State through measures that are consistent with national conditions and not inconsistent with national practice.
4. The provisions of this Convention apply to all categories of persons with disabilities.

Section II. PRINCIPLE OF PROFESSIONAL REHABILITATION
AND EMPLOYMENT POLICY FOR DISABLED PEOPLE

Article 2

Each member state, in accordance with national conditions, practice and capabilities, develops, implements and periodically reviews national policies in the field of vocational rehabilitation and employment of persons with disabilities.

Section 3

Section 4

This policy is based on the principle of equal opportunities for people with disabilities and workers in general. Equal treatment and opportunities for working men and women with disabilities are respected. Special positive measures aimed at ensuring vile

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It is customary to classify on various grounds, including the authority that adopted them, legal force (mandatory and recommendatory), and scope (bilateral, local, universal).

UN Covenants and Conventions are binding on all countries that have ratified them. The International Labor Organization adopts two types of acts containing standards for the legal regulation of labor: conventions and recommendations. Of the Convention are international agreements and are binding on the countries that have ratified them. In case of ratification of the convention, the state takes the necessary measures for its implementation at the national level and regularly submits to the Organization reports on the effectiveness of such measures. In accordance with the ILO Constitution, ratification by a state of a convention cannot affect national rules more favorable to workers. Under non-ratified conventions, the Governing Body may request information from the state on the state of national legislation and the practice of its application, as well as on measures to improve them that are expected to be adopted. Recommendations do not require ratification. These acts contain provisions clarifying, detailing the provisions of the conventions, or a model for regulating social and labor relations.

At present, the ILO's approach to the creation of conventions has been decided to be slightly modified in order to provide greater flexibility of legal regulation. Framework conventions containing minimum guarantees of workers' rights, supplemented by relevant annexes, will be adopted. One of the first such acts was Convention No. 183 “On the revision of the 1952 Convention (Revised) on the Protection of Maternity”. A number of important provisions on maternity protection are contained in the relevant Recommendation. Such an approach makes it possible to stimulate countries with insufficient protection of social and labor rights to ratify this Convention and thereby ensure a minimum of guarantees enshrined in it. Some developing countries fear an excessive burden on employers as a result of ratification of ILO conventions. For economically more developed countries, these conventions establish guidelines for raising the level of guarantees. A study of the ILO's experience shows that states do not ratify conventions for various reasons, including in cases where legislation or practice already provides a higher level of protection of workers' rights at the national level.

The main directions of international legal regulation of labor

The International Labor Organization is active standard-setting activities. During its existence, 188 conventions and 200 recommendations were adopted.

Among the fundamental are eight ILO conventions. They enshrined the basic principles of legal regulation of labor. These are the following conventions.

Convention No. 87 “On Freedom of Association and the Protection of the Right to Organize” (1948), Convention No. 98 “Concerning the Application of the Principles of the Right to Organize and Collective Bargaining Agreements” (1949) establish the right of all workers and employers without prior permission create organizations and join them. State authorities should not restrict or impede this right. Measures are envisaged to protect the right to freedom of association, to protect trade unions from discrimination, as well as workers 'and employers' organizations against interference with each other.

Convention No. 29, Concerning Forced or Compulsory Labor (1930), contains a requirement to abolish the use of forced or compulsory labor in all its forms. Forced or compulsory labor means any work or service that is required of a person under threat of punishment and for which this person has not offered his services voluntarily. The list of works that are not included in the concept of forced or compulsory pile is defined.

Convention No. 105 “On the Abolition of Forced Labor” (1957) toughens the requirements and establishes the obligation of states not to resort to any form of it as:

means of political influence or education, or as a measure of punishment for the presence or expression of political views or ideological beliefs that are contrary to the established political, social or economic system;
the method of mobilization and use of labor for economic development;
means of maintaining labor discipline;
penalties for participating in strikes;
measures of discrimination based on racial, social and national affiliation or religion.

Convention No. 111, Concerning Discrimination in the Field of Labor and Occupation (1958), recognizes the need for a national policy to eliminate discrimination in employment, training based on race, color, sex, faith, political opinion, national or social origin .

Convention No. 100, Concerning Equal Remuneration for Men and Women for Work of Equal Value (1951), requires states to promote and ensure the implementation of the principle of equal remuneration of men and women for work of equal value. This principle can be applied through national legislation, any system for determining remuneration established or recognized by law, collective agreements between employers and workers, or a combination of different methods. For this, measures are also envisaged that contribute to an objective assessment of the work performed on the basis of the labor expended. The Convention addresses the issue of basic wages and other remuneration provided directly or indirectly in money or in kind by an entrepreneur to a worker by virtue of the latter performing a certain job. It defines equal remuneration for work of equal value as remuneration defined without discrimination based on sex.

Convention No. 138 “On the Minimum Age for Admission to Employment” (1973) was adopted with a view to eliminating child labor. The minimum age for admission to work should not be lower than the age of completion of compulsory education.

Convention No. 182, On the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labor (1999), obliges states to immediately take effective measures to ban and eradicate the worst forms of child labor. The ILO's dedicated work over the past two decades, as well as the adoption of the 1944 Declaration, have contributed to an increase in the number of ratifications of these conventions.

Another four conventions are identified by the ILO as a priority:

No. 81 “On Labor Inspection in Industry and Trade” (1947) - establishes the obligation of states to have a labor inspection system at industrial enterprises to ensure the application of the provisions of the law relating to working conditions and the protection of workers in the process of their work. It defines the principles of organization and operation of inspections, the powers and responsibilities of inspectors;
No. 129 “On labor inspection in agriculture” (1969) - on the basis of the provisions of Convention No. 81, formulates provisions on labor inspection taking into account the specifics of agricultural production;
No. 122 “On Employment Policy” (1964) - provides for the implementation of an active policy by ratifying states to promote full, productive and freely chosen employment;
No. 144, On Tripartite Consultations to Promote the Application of International Labor Standards (1976), provides for tripartite consultations between government, employers and workers at the national level on the development, adoption and application of ILO conventions and recommendations.

In general, the following main areas of legal regulationILO:

fundamental human rights;
employment;
social politics;
labor regulation;
labor relations and working conditions;
social Security;
legal regulation of labor of certain categories of workers (special attention is paid to the prohibition of child labor, the protection of women’s labor; a significant number of acts are devoted to the regulation of labor of sailors, fishermen and some other categories of workers).

The adoption of the new generation conventions is due to the significant number of ILO acts and the urgent need to adapt the standards contained in them to modern conditions. They represent a kind of systematization of the international legal regulation of labor in a certain area.

Throughout its history, the ILO has devoted considerable attention to regulating the work of seafarers and workers in the fishing sector. This is due to the nature and working conditions of these categories of people, especially requiring the development of international standards of legal regulation. About 40 conventions and 29 recommendations are devoted to the regulation of labor of seafarers. In these areas, first of all, the new generation of MO conventions were developed: “Otruda in maritime shipping” (2006) and “On labor in the fishing sector” (2007). These conventions should provide a qualitatively new level of protection for the social and labor rights of these categories of workers.

The same work was carried out in relation to labor protection standards - speech on ILO Convention No. 187 “On the Foundations Promoting Occupational Safety and Health” (2006), supplemented by the relevant Recommendation. The Convention provides that the state that ratifies it contributes to the continuous improvement of occupational safety and health in order to prevent work-related injuries, occupational diseases and deaths in the workplace. For this, in consultation with the most representative organizations of employers and workers at the national level, appropriate policies, systems and programs are developed.

The national safety and hygiene system includes:

regulatory legal acts, collective agreements and other relevant acts on safety and health;
the activities of the body or agency responsible for safety and health;
mechanisms to ensure compliance with national laws and regulations, including inspection systems;
measures aimed at ensuring cooperation at the enterprise level between its management, employees and their representatives as the main element of preventive measures at work.

The recommendation on the foundations promoting occupational safety and health complements the provisions of the Convention and aims to facilitate the development and adoption of new acts and the international exchange of information on occupational safety and health.

In the field of labor relations regulation, conventions on the termination of labor relations and protection of wages are of great importance. ILO Convention No. 158 On Termination of Employment at the Initiative of an Entrepreneur (1982) was adopted in order to protect employees from termination of employment without a legal basis. The Convention enshrines the requirement of validity - there must be a legal basis related to the abilities or behavior of the worker or caused by production necessity. It also lists reasons that are not a legitimate reason for termination of employment, including: union membership or participation in union activity; intention to become a representative of workers; performing the functions of a representative of the breastfeeding; filing a complaint or participating in a case against an entrepreneur on charges of violating the law; discriminatory signs - race, color, gender, marital status, family responsibilities, pregnancy, religion, political views, nationality or social origin; absence from work during a stay on maternity leave; temporary absence from work due to illness or injury.

The Convention sets out both the procedures applicable before and during the termination of employment, as well as the procedure for appealing a decision to dismiss. The burden of proof of the existence of a legal basis for dismissal rests with the entrepreneur.

The Convention provides for the right of an employee to a warning about a planned termination of employment 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 the case of unjustified dismissal, the impossibility of canceling the decision to dismiss and reinstate the worker at his previous job, payment of appropriate compensation or other allowance is expected. In the event of termination of employment for economic, technological, structural or similar reasons, the employer is obligated to inform the employees and their representatives, as well as the relevant state body. States at the national level may impose certain restrictions on layoffs.

ILO Convention No. 95 on the Protection of Wages (1949) contains a significant number of rules aimed at protecting the interests of workers: on the form of payment of wages, on limiting the payment of wages in kind, on prohibiting entrepreneurs from restricting the freedom to manage their wages according to discretion and a number of other important provisions. In Art. 11 of this Convention stipulates that in the event of bankruptcy of the enterprise or its liquidation in court, workers will enjoy the position of privileged creditors.

The International Labor Organization has also adopted Convention No. 131 “On the Establishment of a Minimum Wage with Special Consideration for Developing Countries” (1970). In accordance with it, states undertake to introduce a minimum wage system covering all groups of employees whose working conditions make the use of such a system appropriate. The minimum wage under this Convention “has the force of law and cannot be reduced.” When determining the minimum wage, the following factors are taken into account:

the needs of workers and their families, taking into account the general level of wages in the country, the cost of living, social benefits and the comparative standard of living of other social groups;
economic considerations, including the requirements of economic development, the level of productivity and the desirability of achieving and maintaining a high level of employment. To ensure the effective application of all minimum wage provisions, appropriate measures are taken, such as a proper inspection, supplemented by other necessary measures.

List of ILO Conventions in force in the Russian Federation

1. Convention No. 11 “On the right to organize and unite workers in agriculture” (1921).

2. Convention No. 13 “On the use of lead white in painting” (1921).

3. Convention No. 14 “On weekly rest in industrial enterprises” (1921).

4. Convention No. 16 “On the compulsory medical examination of children and adolescents employed on board ships” (1921).

5. Convention No. 23 “On the repatriation of seafarers” (1926).

6. Convention No. 27 “On the indication of the weight of heavy goods carried on ships” (1929).

7. Convention No. 29 “On Forced or Compulsory Labor” (1930).

8. Convention No. 32 “On Protection against Accidents of Workers Engaged in the Loading or Unloading of Ships” (1932).

9. Convention No. 45 “On the Use of Women's Labor in Underground Mining” (1935).

10. Convention No. 47 “On the reduction of working time to forty hours a week” (1935).

11. Convention No. 52 “On annual paid leave” (1936).

12. Convention No. 69 “On the issue of certificates of qualification to ship chefs” (1946).

13. Convention No. 73 “On the medical examination of seafarers” (1946).

14. Convention No. 77 “On the medical examination of children and adolescents in order to ascertain their suitability for work in industry” (1946).

15. Convention No. 78 “On the medical examination of children and adolescents with the aim of ascertaining their suitability for work in non-industrial work” (1946).

16. Convention No. 79 “On the medical examination of children and adolescents with the aim of ascertaining their suitability for work” (1946).

17. Convention No. 87 “On Freedom of Association and the Protection of the Rights to Organize” (1948).

18. Convention No. 90 "On the night work of adolescents in industry" (revised in 1948).

19. Convention No. 92 “On premises for crew on board ships” (revised in 1949).

20. Convention No. 95 "On the Protection of Wages" (1949).

21. Convention No. 98 “On the application of the principles of the right to organize and to collective bargaining” (1949).

22. Convention No. 100 “On the Equal Remuneration of Men and Women for Work of Equal Value” (1951).

23. Convention No. 103 “On the Protection of Maternity” (1952).

24. Convention No. 106 “On the weekly rest in trade and institutions” (1957).

25. Convention No. 108 “On the National Identification Card for Seafarers” (1958).

26. Convention No. 111 “On Discrimination in the Field of Labor and Occupation” (1958).

27. Convention No. 113 “On the medical examination of seafarers” (1959).

28. Convention No. 115 “On the Protection of Workers from Ionizing Radiation” (1960).

29. Convention No. 116 “On the Partial Review of Conventions” (1961).

30. Convention No. 119 “On the supply of machinery with protective equipment” (1963).

31. Convention No. 120 “On hygiene in trade and institutions” (1964).

32. Convention No. 122 “On Employment Policy” (1964).

33. Convention No. 124 “On the medical examination of young people with a view to determining their suitability for work in underground work in mines and mines” (1965).

34. Convention No. 126 “On premises for crew on board fishing vessels” (1966).

35. Convention No. 133 “On crew accommodation on board ships”. Additional Provisions (1970).

36. Convention No. 134 “On the Prevention of Industrial Accidents among Seafarers” (1970).

37. Convention No. 138 “On the Minimum Age” (1973).

38. Convention No. 142 “On vocational guidance and training in the field of human resources development”.

39. Convention No. 147 “On Minimum Standards for Merchant Ships” (1976).

40. Convention No. 148 “On the Protection of Workers from Occupational Risk from Air Pollution, Noise, and Vibration at Workplaces” (1977).

41. Convention No. 149 “On employment and working conditions and life of nursing personnel” (1977).

42. Convention No. 159 “On vocational rehabilitation and employment of persons with disabilities” (1983).

43. Convention No. 160 “On labor statistics” (1985).