Communication from the Federal Ministry of Foreign Affairs No 491 / 1990 Coll.
Communication from the Federal Ministry of Foreign Affairs on the negotiation of the Convention on Paid Study leave (No 140)
Valid
Effective from 24.05.1977
491
COMMUNICATION
Federal Ministry of Foreign Affairs
The Federal Ministry of Foreign Affairs announces that on 24 June 1974, at the 59th session of the General Conference of the International Labour Organisation, the Convention on Paid off Study was adopted (No 140). Ratification of the Convention by the Czechoslovak Socialist Republic was registered on 24 May 1976 by the Director-General of the International Labour Office. Pursuant to Article 13 of the Convention, the Convention entered into force for the Czechoslovak Socialist Republic on 24 May 1977.
The Czech translation of the Convention is being announced simultaneously.
Convention No 140
Convention on paid study leave
General Conference of the International Labour Organisation,
which was convened by the Board of Directors of the International Labour Office to Geneva and met there on 5 June 1974 at its 59th session;
are aware that Article 26 of the Universal Declaration of Human Rights confirms that everyone has the right to education;
being further aware of the provisions contained in existing international work recommendations on vocational training and the protection of workers' representatives concerning the temporary release of workers or guaranteeing them leave to participate in study or educational programmes;
bearing in mind that the need for permanent study and education, appropriate to scientific and technical development and the development of economic and social relations, requires appropriate measures to be taken in relation to study and education, corresponding to new efforts, needs and objectives of a social, economic, technical and cultural nature;
bearing in mind that paid leave should be seen as one of the means to meet the real needs of individual workers and current society;
CONSIDERING that the paid leave of study should be taken in the context of a policy of continuous study and education which should be implemented gradually and effectively;
Decide to adopt certain proposals concerning paid study leave, which are the fourth item of the agenda;
state that these proposals will take the form of a convention,
adopts on 24 June 1974 this Convention, which will be referred to as the Convention on paid leave, 1974.
In this Convention, the term "paid sabbatical" shall mean leave granted to a worker for study purposes for a specified period of time in working time with reasonable contributions in cash.
Each Member State shall establish and implement in a manner consistent with national conditions and practice, if necessary, a gradual policy to promote the provision of paid leave:
(a) training at all stages;
(b) general, social and civil education;
(c) trade union education.
Such a policy is intended to contribute, if necessary, under different conditions:
(a) to obtain, improve and adapt the professional qualifications necessary for the performance of the profession or function, as well as for the promotion and provision of employment in the conditions of scientific and technical development and economic and structural changes;
(b) the professional and active participation of workers and their representatives in the life of undertakings and communities;
(c) the human, social and cultural progress of workers; and
(d) in general to promote appropriate permanent education and training, enabling workers to meet current requirements.
This policy is intended to take into account the degree of development and the specific needs of the country and the different sectors of activity, and to be aligned with the overall employment, education and training policy and the length of working time with due regard, if necessary, to vary the length of working time or the extent of work conditional on the annual period.
Paid leave may be granted by national legislation, collective agreements, arbitration or any other appropriate national practice.
Public authorities, employers' and workers' organisations, institutions and organisations providing education and education will participate in a manner consistent with national conditions and practice to establish and implement policies promoting paid leave.
The financing of the measures relating to paid study leave shall be ensured by regular adequate national practice.
The paid leave of study must not be denied to workers for race, colour, gender, religion, political beliefs, nationality or social origin.
Where necessary, specific provisions shall be adopted on paid leave of study:
(a) where certain specific groups of workers such as workers in small enterprises, agricultural or other workers living in separate areas, shift workers or family-related workers are difficult to be included in the general arrangements;
(b) where specific groups of undertakings such as small or seasonal enterprises are difficult to be included in the general scheme, provided that workers of such undertakings are not excluded from the benefits of paid study leave.
The conditions for granting paid study leave to workers may differ depending on whether such leave is granted.
(a) training at all stages;
(b) general, social or civil education;
(c) trade union education.
The period of paid leave of study will be counted against the period of employment applicable to the establishment of entitlement to social benefits and other rights arising from employment, as provided for by national legislation, collective agreements, arbitration or other appropriate national practice.
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 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 the Member States of the Organisation communicate the minutes of the last ratification necessary for the Convention to take effect, the Director-General shall notify the Member States of the Organisation of the date on which the 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.
The Administrative Board of the International Labour Office, whenever deemed necessary, 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 the ipso jure to be terminated immediately, regardless of the provisions of Article 14, 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 version of this Convention shall be equally authentic.
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Regulation Information
| Citation | Communication from the Federal Ministry of Foreign Affairs No. 491 / 1990 Coll., on the negotiation of the Convention on Paid off Study (No. 140) |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.11.1990 |
|---|---|
| Effective from | 24.05.1977 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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