Tort liability and employment law have a long and intertwined history. The "control test," initially used by English courts to determine employee status, originated in tort law. Employers can be held liable for damages caused by their employees to third parties and property, provided an employment relationship exists and the employee acted under the employer's control or direction. The evolution of tort liability has often mirrored developments in employment law. A crucial element in establishing employer liability is whether the individual who caused the damage was indeed an employee. This determination rests on the definition of "employee" as established by employment law. Civil courts adjudicating tort claims must interpret the Employment and Labor Law to ascertain the existence of an employment contract between the employer and the injured party. The court cannot apply a different standard for employee identification than the one defined in the Employment ...
C111 - Discrimination (Employment and Occupation) Convention, 1958 (No. 111)
Convention
concerning Discrimination in Respect of Employment and Occupation (Entry into
force: 15 Jun 1960)
Adoption: Geneva, 42nd ILC session (25 Jun 1958)
Preamble
The
General Conference of the International Labour Organisation,
Having
been convened at Geneva by the Governing Body of the International Labour
Office, and having met in its Forty-second Session on 4 June 1958, and
Having
decided upon the adoption of certain proposals with regard to discrimination in
the field of employment and occupation, which is the fourth item on the agenda
of the session, and
Having
determined that these proposals shall take the form of an international
Convention, and
Considering
that the Declaration of Philadelphia affirms that all human beings,
irrespective of race, creed or sex, have the right to pursue both their
material well-being and their spiritual development in conditions of freedom
and dignity, of economic security and equal opportunity, and
Considering
further that discrimination constitutes a violation of rights enunciated by the
Universal Declaration of Human Rights,
adopts
this twenty-fifth day of June of the year one thousand nine hundred and
fifty-eight the following Convention, which may be cited as the Discrimination
(Employment and Occupation) Convention, 1958:
Article
1
- 1. For the purpose of this
Convention the term discrimination includes--
- (a) any distinction, exclusion
or preference made on the basis of race, colour, sex, religion, political
opinion, national extraction or social origin, which has the effect of
nullifying or impairing equality of opportunity or treatment in
employment or occupation;
- (b) such other distinction,
exclusion or preference which has the effect of nullifying or impairing
equality of opportunity or treatment in employment or occupation as may
be determined by the Member concerned after consultation with
representative employers' and workers' organisations, where such exist,
and with other appropriate bodies.
- 2. Any distinction, exclusion
or preference in respect of a particular job based on the inherent
requirements thereof shall not be deemed to be discrimination.
- 3. For the purpose of this
Convention the terms employment and occupation
include access to vocational training, access to employment and to
particular occupations, and terms and conditions of employment.
Article
2
Each
Member for which this Convention is in force undertakes to declare and pursue a
national policy designed to promote, by methods appropriate to national
conditions and practice, equality of opportunity and treatment in respect of
employment and occupation, with a view to eliminating any discrimination in
respect thereof.
Article
3
Each
Member for which this Convention is in force undertakes, by methods appropriate
to national conditions and practice--
- (a) to seek the co-operation of
employers' and workers' organisations and other appropriate bodies in
promoting the acceptance and observance of this policy;
- (b) to enact such legislation
and to promote such educational programmes as may be calculated to secure
the acceptance and observance of the policy;
- (c) to repeal any statutory
provisions and modify any administrative instructions or practices which
are inconsistent with the policy;
- (d) to pursue the policy in
respect of employment under the direct control of a national authority;
- (e) to ensure observance of the
policy in the activities of vocational guidance, vocational training and
placement services under the direction of a national authority;
- (f) to indicate in its annual
reports on the application of the Convention the action taken in pursuance
of the policy and the results secured by such action.
Article
4
Any
measures affecting an individual who is justifiably suspected of, or engaged
in, activities prejudicial to the security of the State shall not be deemed to
be discrimination, provided that the individual concerned shall have the right
to appeal to a competent body established in accordance with national practice.
Article
5
- 1. Special measures of
protection or assistance provided for in other Conventions or
Recommendations adopted by the International Labour Conference shall not
be deemed to be discrimination.
- 2. Any Member may, after
consultation with representative employers' and workers' organisations,
where such exist, determine that other special measures designed to meet
the particular requirements of persons who, for reasons such as sex, age,
disablement, family responsibilities or social or cultural status, are
generally recognised to require special protection or assistance, shall
not be deemed to be discrimination.
Article
6
Each
Member which ratifies this Convention undertakes to apply it to
non-metropolitan territories in accordance with the provisions of the
Constitution of the International Labour Organisation.
Article
7
The
formal ratifications of this Convention shall be communicated to the
Director-General of the International Labour Office for registration.
Article
8
- 1. This Convention shall be
binding only upon those Members of the International Labour Organisation
whose ratifications have been registered with the Director-General.
- 2. It shall come into force
twelve months after the date on which the ratifications of two Members
have been registered with the Director-General.
- 3. Thereafter, this Convention
shall come into force for any Member twelve months after the date on which
its ratification has been registered.
Article
9
- 1. A Member which has ratified
this Convention may denounce it after the expiration of ten years from the
date on which the Convention first comes into force, by an act
communicated to the Director-General of the International Labour Office
for registration. Such denunciation shall not take effect until one year
after the date on which it is registered.
- 2. Each Member which has
ratified this Convention and which does not, within the year following the
expiration of the period of ten years mentioned in the preceding
paragraph, exercise the right of denunciation provided for in this
Article, will be bound for another period of ten years and, thereafter,
may denounce this Convention at the expiration of each period of ten years
under the terms provided for in this Article.
Article
10
- 1. The Director-General of the
International Labour Office shall notify all Members of the International
Labour Organisation of the registration of all ratifications and
denunciations communicated to him by the Members of the Organisation.
- 2. When notifying the Members
of the Organisation of the registration of the second ratification
communicated to him, the Director-General shall draw the attention of the
Members of the Organisation to the date upon which the Convention will
come into force.
Article
11
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 full particulars of all ratifications
and acts of denunciation registered by him in accordance with the provisions of
the preceding Articles.
Article
12
At
such times as it may consider necessary the Governing Body of the International
Labour Office shall present to the General Conference a report on the working
of this Convention and shall examine the desirability of placing on the agenda
of the Conference the question of its revision in whole or in part.
Article
13
- 1. Should the Conference adopt
a new Convention revising this Convention in whole or in part, then,
unless the new Convention otherwise provides:
- (a) the ratification by a
Member of the new revising Convention shall ipso jure involve the
immediate denunciation of this Convention, notwithstanding the provisions
of Article 9 above, if and when the new revising Convention shall have
come into force;
- (b) as from the date when the
new revising Convention comes into force, this Convention shall cease to
be open to ratification by the Members.
- 2. This Convention shall in any
case remain in force in its actual form and content for those Members
which have ratified it but have not ratified the revising Convention.
Article
14
The
English and French versions of the text of this Convention are equally
authoritative.
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