Communication from the Federal Ministry of Foreign Affairs No 465 / 1990 Coll.

Communication from the Federal Ministry of Foreign Affairs on the negotiation of the Convention on Discrimination (Employment and Occupation) (No 111) and the Convention on the Protection of Workers from Ionising Radiation (No 115)

Valid Effective from 21.01.1965
465
COMMUNICATION
Federal Ministry of Foreign Affairs
The Federal Ministry of Foreign Affairs announces that on 25 June 1958 the Convention on Discrimination (Employment and Occupation) was adopted at the 42nd session of the International Labour Organisation General Conference (No 111) and on 22 June 1960 the Convention on the Protection of Workers from Ionising Radiation (No 115) was adopted at the 44th session of the International Labour Organisation General Conference. Ratification of the Conventions of the Czechoslovak Socialist Republic was registered on 21 January 1964 by the Director-General of the International Labour Office. Pursuant to Articles 8 and 17 of the Convention, they entered into force on 21 January 1965 for the Czechoslovak Socialist Republic.
Czech translations of the Treaties are announced simultaneously.
Convention No 111
Convention on Discrimination (Employment and Occupation), 1958
The General Conference of the International Labour Organisation, convened by the Board of Directors of the International Labour Office in Geneva and met there on 4 June 1958 at its 42nd session,
Decide to adopt certain proposals concerning discrimination in the field of employment and occupation, which are the fourth item of the agenda,
state that these proposals will take the form of an international convention,
bearing in mind that the Philadelphia Declaration declares that all human beings, regardless of race, religion or gender, have the right to take care of their material well-being and their spiritual development under conditions of freedom and dignity, economic security and equal opportunities; and
bearing in mind that discrimination constitutes an infringement of the rights declared in the Universal Declaration of Human Rights,
adopt on 25 June 1958 the following Convention, to be referred to as the Convention on Discrimination (Employment and Occupation), 1958:
1. For the purposes of this Convention, the term "discrimination 'includes:
(a) any distinction, exclusion or priority based on race, colour, sex, religion, political views, national or social origin which results in the exclusion or breach of equality of opportunity or treatment in employment or occupation;
(b) any other distinction, exclusion or priority which results in the prohibition or infringement of equality of opportunity or treatment in employment or occupation which may be addressed by the participating Member State after consultation with the representative organisations of employers and workers, where such organisations exist, and other competent authorities.
2. Any distinction, exclusion or priority based on the qualifications required for a particular job shall not be regarded as discrimination.
3. For the purposes of this Convention, the terms "employment 'and" occupation' shall include access to vocational training, access to employment and to different professions, as well as employment conditions.
Each Member State for which this Convention is in force undertakes to declare and implement a national policy aimed at promoting equality of opportunity and treatment in employment and occupation by methods appropriate to national conditions and practices in order to eliminate any discrimination in this respect.
Each Member State for which this Convention is in force shall undertake by methods appropriate to national conditions and practices:
(a) seek cooperation with employers' and workers' organisations and other competent authorities in promoting the adoption and implementation of this policy;
(b) legislate and support educational programmes capable of ensuring the adoption and implementation of this policy;
(c) abolish any legislative provisions and amend any administrative measures or practices incompatible with that policy;
(d) implement this policy in respect of employment subject to direct control by national authorities;
(e) to ensure that this policy is implemented in professional advice, professional training and work mediation which are subject to the control of national authorities;
(f) in the annual reports on the implementation of the Convention, indicate the measures taken in accordance with this policy and the results achieved by those measures.
Any measure against a person who is legally suspected of dealing with a State security-harmful activity or who is shown to be dealing with such an activity shall not be regarded as discrimination provided that such person has the right to appeal to the competent authority established in accordance with national practice.
1. Special protection and support measures provided for in other conventions or recommendations adopted by the International Labour Conference shall not be regarded as discrimination.
2. Each Member State may, after consulting representative employers' and workers' organisations, where such organisations exist, provide that other specific measures shall not be regarded as discrimination, taking into account the specific needs of persons who, for reasons such as sex, age, disability, family obligations or social or cultural status, are generally considered as requiring special protection or support.
Any Member State which ratifies this Convention undertakes to implement it in non-metropolitan territories in accordance with the provisions of the ILO Constitution.
The formal ratification of this Convention shall be notified to and registered by the Director-General of the International Labour Office.
1. This Convention only obliges the Member States of the International Labour Organisation whose ratification has been registered by the Director-General.
2. It shall take effect 12 months after the Director-General has registered the ratification of two Member States.
3. For each other Member State, this Convention shall enter into force 12 months after its ratification has been registered.
1. Any Member State which has ratified this Convention may denounce it after a period of 10 years from the date on which the Convention first came into force, by written communication to the Director-General of the International Labour Office, who shall record it. The denunciation shall take effect one year after the date on which it was registered.
2. Any Member State which has ratified this Convention and which does not exercise the right to denounce it under this Article during the year following the expiry of a period of 10 years, as referred to in the preceding paragraph, shall be bound by the Convention for a further 10-year period and shall then be able to terminate it at the end of each 10-year period under the conditions laid down in this Article.
1. The Director-General of the International Labour Office shall notify all Member States of the International Labour Organisation of the registration of all ratifications and statements communicated to it by the members of the Organisation.
2. When notifying the Member States of the Organisation of the minutes of the second ratification notified to it, the Director-General shall notify the Member States of Oganisation of the date on which this Convention enters into force.
The Director-General of the International Labour Office shall communicate to the Secretary-General of the United Nations for registration in accordance with Article 102 of the Charter of the United Nations the full details of all the ratifications and statements he has entered in accordance with the provisions of the previous Articles.
Whenever deemed necessary, the Administrative Board of the International Labour Office shall present a report to the General Conference on the implementation of this Convention and examine whether it is appropriate to put on the agenda of the General Conference a question of its complete or partial revision.
1. Where the General Conference adopts a new Convention which fully or partially revises this Convention and does not provide otherwise for the new Convention:
(a) ratification by a Member State of a new revising convention shall cause ipso jure to be terminated immediately, irrespective of the provisions of Article 9 above, subject to the fact that the new revising convention becomes effective;
(b) since the new revised Convention enters into force, this Convention shall cease to be open to the Member States for ratification.
2. However, this Convention shall remain in force in terms of form and content for those Member States which have ratified it and have not ratified the revised Convention.
The English and French versions of this Convention shall be equally authentic.
Convention No 115
Convention on the Protection of Workers from Ionising Radiation
The General Conference of the International Labour Organisation, convened by the Board of Directors of the International Labour Office in Geneva and met there on 1 June 1960 at its 44th session,
Decide to adopt certain proposals concerning the protection of workers from ionising radiation, which are the fourth item on the agenda of the sitting; and
state that these proposals will take the form of an international convention,
adopts on 22 June 1980 this Convention, which will be referred to as the Convention on Radiation Protection, 1960.

General provisions
Each Member State The International Labour Organisation, which ratifies this Convention, undertakes to ensure its effectiveness through laws and regulations, rules of established practice or other appropriate means. When implementing the provisions of the Convention, the competent authority shall consult representatives of employers and workers.
1. This Convention shall apply to all activities in which workers are exposed to ionising radiation during their work.
2. This Convention shall not apply to radioactive substances, whether closed or open, or to instruments emitting ionising radiation which, due to the limited doses which may be obtained from them, are excluded from its provisions by any of the means of ensuring the legal effectiveness of the Convention referred to in Article 1.
1. According to the knowledge available at that time, all appropriate steps will be taken to ensure effective protection of workers from ionising radiation as regards their health and safety.
2. The rules and measures necessary for this purpose shall be adopted and the data necessary for effective protection made available.
3. To ensure such effective protection:
(a) Measures to protect workers from ionising radiation adopted after ratification by the relevant Member State shall comply with the provisions of the Convention.
(b) The Member State concerned shall, as soon as possible, amend the measures it has taken before the ratification of the Convention in order to comply with its provisions and to promote such amendments to all other measures existing at the time of ratification.
(c) When ratifying the Convention, the Member State concerned shall send to the Director-General of the International Labour Office a statement indicating how and to which categories of workers the provisions of the Convention will be applied and, in its reports on the implementation of the Convention, the further progress made in this matter shall be mentioned.
(d) Three years after the date of entry into force of this Convention, the Administrative Board of the International Labour Office shall present to the Conference a special report on the implementation of point (b) of this paragraph, containing appropriate proposals for further action in this matter.

Safeguard measures
The activities referred to in Article 2 shall be organised and implemented in such a way as to ensure the protection provided for in this Part of the Convention.
All efforts will be made to limit exposure of ionising workers to the lowest possible level and to prevent any unnecessary exposure by all parties involved.
1. According to Part I of this Convention, maximum permitted doses of ionising radiation from sources outside or within the body and maximum permitted quantities of radioactive substances which may enter the human organism will be established for different categories of workers.
2. Such maximum permitted doses and quantities will still be revised according to current knowledge.
1. Adequate limit values shall be established in accordance with Article 6 for persons employed directly with sources of ionising radiation,
(a) reaching the age of 18 or older;
(b) which have not reached the age of 18.
2. No worker under 16 years of age will be employed by working with ionising radiation.
Pursuant to Article 6, appropriate limit values shall be established for workers who do not directly work with sources of ionising radiation but who are present in or around places where they could be exposed to ionising radiation or radioactive substances.
1. An appropriate warning signal shall be used to indicate the dangers of ionising radiation. In this context, the workers will be provided with the necessary information.
2. All workers employed directly with sources of ionising radiation shall be duly informed before and during such employment of the measures to be taken for their health and safety protection and the reasons for these measures.
The legislation provides for reporting, in the manner prescribed by them, of work in which workers are exposed to ionising radiation during their work.
Appropriate checks shall be carried out on workers and workplaces to measure the exposure of workers to ionising radiation and radioactive substances to verify compliance with the established limit values.
All workers employed with ionising radiation shall undergo appropriate medical examination before or shortly after the work has begun and after further medical examination at appropriate time intervals.
One of the ways set out in Article 1 of the Convention by which the Convention will be implemented shall be those where, due to the nature or degree of exposure or the combination of the two, the following measures are taken urgently:
(a) the worker shall undergo appropriate medical examination;
(b) the employer shall report to the competent authority as required;
(c) the persons responsible for the protection against radiation shall examine the conditions under which the worker carries out his work;
(d) the employer shall take all necessary corrective measures on the basis of technical findings and medical recommendations.
No worker shall be employed or continue to work in which he may be exposed to ionising radiation contrary to professional medical advice.
Any Member State which ratifies this Convention undertakes to establish appropriate inspection services to supervise the implementation of its provisions or to verify that such inspections are carried out.

Final provisions
The formal ratification of this Convention shall be notified to and registered by the Director-General of the International Labour Office.
1. This Convention only obliges the Member States of the International Labour Organisation whose ratification has been registered by the Director-General.
2. It shall take effect 12 months after the Director-General has registered the ratification of two Member States.
3. For each other Member State, this Convention shall take effect 12 months from the date on which its ratification was registered.
1. Any Member State which has ratified this Convention may denounce it five years after the date on which the Convention first came into force by written communication to the Director-General of the International Labour Office, who shall record it. The denunciation shall take effect one year after the date on which it was registered.
2. Any Member State which has ratified this Convention and which does not exercise the right to denounce it under this Article during the year following the end of the five-year period referred to in the preceding paragraph shall be bound by the Convention for a further five-year period and shall then be able to terminate it at the end of each five-year period under the conditions laid down in this Article.
1. The Director-General of the International Labour Office shall notify all Member States of the International Labour Organisation of the registration of all ratifications and statements communicated to it by the members of the Organisation.
2. When notifying the Member States of the Organisation of the minutes of the second ratification notified to it, the Director-General shall notify the Member States of the Organisation of the date on which this Convention enters into force.
The Director-General of the International Labour Office shall communicate to the Secretary-General of the United Nations for registration in accordance with Article 102 of the Charter of the United Nations the full details of all the ratifications and statements he has entered in accordance with the provisions of the previous Articles.
Whenever deemed necessary, the Administrative Board of the International Labour Office shall present a report to the General Conference on the implementation of this Convention and shall examine whether it is appropriate to put on the agenda of the General Conference a question of its full or partial revision.
1. Where the General Conference adopts a new Convention which fully or partially revises this Convention and does not provide otherwise for the new Convention:
(a) ratification by a Member State of a new revising convention shall cause ipso jure to be terminated immediately, regardless of the provisions of Article 18, subject to the fact that the new revising convention becomes effective;
(b) since the new revised Convention enters into force, this Convention shall cease to be open to the Member States for ratification.
2. However, this Convention shall remain in force in its form and content for those Member States which have ratified it and which have not ratified the revised Convention.
The English and French versions of this Convention shall be equally authentic.

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Regulation Information

CitationCommunication from the Federal Ministry of Foreign Affairs No 465 / 1990 Coll., on the negotiation of the Convention on Discrimination (Employment and Occupation) (No 111) and the Convention on the Protection of Workers from Ionising Radiation (No 115)
Regulation Type-
Author-
CollectionCode of Laws
Date of Promulgation12.11.1990
Effective from21.01.1965
Effective until-
Status Valid
The regulation text is for informational purposes only.
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