Skip to main content

Tort Liability and Employment Law: Intertwined Concepts

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 ...

C116 - Final Articles Revision Convention, 1961 (No. 116)

C116 - Final Articles Revision Convention, 1961 (No. 116)

Convention concerning the Partial Revision of the Conventions Adopted by the General Conference of the International Labour Organisation at its First Thirty-two Sessions for the Purpose of Standardising the Provisions regarding the Preparation of Reports by the Governing Body of the International Labour Office on the Working of Conventions (Entry into force: 05 Feb 1962)Adoption: Geneva, 45th ILC session (26 Jun 1961) 

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-fifth Session on 7 June 1961, and

Having decided upon the adoption of certain proposals with regard to the partial revision of the Conventions adopted by the General Conference of the International Labour Organisation at its first thirty-two sessions for the purpose of standardising the provisions regarding the preparation of reports by the Governing Body of the International Labour Office on the working of Conventions, and

Considering that these proposals must take the form of an international Convention,

adopts this twenty-sixth day of June of the year one thousand nine hundred and sixty-one the following Convention, which may be cited as the Final Articles Revision Convention, 1961:

Article 1

In the texts of the Conventions adopted by the International Labour Conference in the course of its first thirty-two sessions, the Final Article providing for the presentation by the Governing Body of the International Labour Office to the General Conference of a report on the working of the Convention shall be omitted and the following article shall be substituted for it:

"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 2

Any Member of the Organisation which, after the date of the coming into force of this Convention, communicates to the Director-General of the International Labour Office its formal ratification of any Convention adopted by the Conference in the course of its first thirty-two sessions shall be deemed to have ratified that Convention as modified by this Convention.

Article 3

Two copies of this Convention shall be authenticated by the signature of the President of the Conference and of the Director-General of the International Labour Office. Of these copies one shall be deposited in the archives of the International Labour Office and the other shall be communicated to the Secretary-General of the United Nations for registration in accordance with Article 102 of the Charter of the United Nations. The Director-General shall communicate a certified copy of this Convention to each of the Members of the International Labour Organisation.

Article 4

1. The formal ratifications of this Convention shall be communicated to the Director-General of the International Labour Office.

2. This Convention shall come into force at the date on which the ratifications of two Members of the International Labour Organisation have been received by the Director-General.

3. On the coming into force of this Convention and on the subsequent receipt of further ratifications of the Convention, the Director-General of the International Labour Office shall so notify all the Members of the International Labour Organisation and the Secretary-General of the United Nations.

4. Each Member of the Organisation which ratifies this Convention thereby recognises that the obligation of the Governing Body under Conventions adopted by the Conference at its first thirty-two sessions to present to the Conference at the intervals prescribed thereby a report on the working of each Convention and to examine at such intervals the desirability of placing on the agenda of the Conference the question of the revision of the Convention in whole or in part was replaced as from the first coming into force of this Convention by the provisions of the modified article set forth in Article 1 of this Convention.

Article 5

Notwithstanding anything contained in any of the Conventions adopted by the Conference in the course of its first thirty-two sessions the ratification of this Convention by a Member shall not ipso jure involve the denunciation of any such Convention, nor shall the entry into force of this Convention close any such Convention to further ratification.

Article 6

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 denunciation of this Convention 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 7

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

Comments

Popular posts from this blog

The Settlement of Individual and Collective Labour Disputes under Ethiopian Labour Law

Hiruy Wubie [*] E-Journal of International and Comparative LABOUR STUDIES DOWNLOAD PDF Introductory Remarks The settlement of labour disputes is a precondition for a harmonious working environment. Clarity of laws governing labour relations, as well as their consistent and adequate implementation, contributes to the establishment of a dependable system of dispute settlement. Pursuant to Ethiopian labour law, labour disputes are classified as individual and collective, and a number of bodies are in charge of resolving these disputes. Yet confusion on the criteria used to draw a distinction between individual and collective labour disputes brings about major issues in terms of interpretation and implementation of relevant legal rules and judicial decisions.

Judicial Limitations on Employer’s Power of Transfer of Workers

In almost all levels of the judiciary, one could hardly find any decision interpreting or applying the provisions of the labour proclamation dealing with variation of employment contract. It is not because they didn’t encounter disputes relating to variation, rather the reason lies in their failure to relate the law with the relevant facts of the case. Variation implies making changes to the terms and conditions of the contract. Two important elements of the terms and conditions are the job duties and work location. A contract of employment is a legally binding agreement: the two parties are bound by its terms and it is enforceable in law. An employer wishing to make changes should first obtain consent of the worker.