(Inter)national Labour law
Whereas universal and lasting peace can be established only if it is based upon social justice;
(...)
first sentence of the Preambule of Part XIII of the Treaty of Versailles 1919
The ILO - International Labour Organization has been founded 11 April 1919 as an independent, affiliated agency of the League of Nations. The ILO constitution has been written between January and April 1919 by a commission of representatives from 9 countries (Belgium, Cuba, Czechoslovakia, France, Italy, Japan, Poland, United Kingdom and the USA).
Where this idea seemed to be common sence after the 1st world war, most of the other parts of the Treaty have been responsible for a massive economic crisis in Germany and were, eventually, the breeding ground for the 2nd world war.
The allies looked to themselves for the blame and the Marshall Plan (officially : European Recovery Program) benefited not only the allies, but also (Western-)Germany in this recovery plan.
HOURS OF WORK
C001 - Hours of Work (Industry) Convention (1919)
http://www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:12100:0::NO:12100:P12100_INSTRUMENT_ID:312146:NO
Article 2
1. The working hours of persons employed (...) shall not exceed eight in the day and forty-eight in the week, with the exceptions hereinafter provided for.
(...)
Article 3
The limit of hours of work prescribed in Article 2 may be exceeded in case of accident, actual or threatened, or in case of urgent work to be done to machinery or plant, or in case of "force majeure", but only in so far as may be necessary to avoid serious interference with the ordinary working of the undertaking.
Article 4
(...)
Article 5
1. In exceptional cases where it is recognised that the provisions of Article 2 cannot be applied, but only in such cases, agreements between workers' and employers' organisations concerning the daily limit of work over a longer period of time may be given the force of regulations, if the Government, to which these agreements shall be submitted, so decides.
2. The average number of hours worked per week, over the number of weeks covered by any such agreement, shall not exceed forty-eight.
Article 6
1. Regulations made by public authority shall determine for industrial undertakings
a) (...)
b) (...)
2. These regulations shall be made only after consultation with the organisations of employers and workers concerned, if any such organisations exist. These regulations shall fix the maximum of additional hours in each instance, and the rate of pay for overtime shall not be less than one and one-quarter times the regular rate.
COURT DECISIONS
Peru 17 April 2006 - Exp. N.° 4635-2004-AA
(...)
10. (...) estimó que el sistema de trabajo 14 x 7 aplicable en el Perú no cumple con lo que dispone el
articulo 2.° del Convenio N.° 1 de la OIT (...)
https://tc.gob.pe/jurisprudencia/2006/04635-2004-AA.html
_______
C014 - Weekly Rest (Industry) Convention (1921)
http://www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:12100:0::NO:12100:P12100_INSTRUMENT_ID:312159:NO
Article 2
1. The whole of the staff employed (...) shall (...) enjoy in every period of seven days a period of rest comprising at least twenty-four consecutive hours.
_______
C047 - Forty-Hour Week Convention (1935)
http://www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:12100:0::NO:12100:P12100_INSTRUMENT_ID:312192:NO
Article 1
Each Member of the International Labour Organisation which ratifies this Convention declares its approval of
(a) the principle of a forty-hour week (...)
_______
C132 - Holidays with Pay Convention (Revised) 1970
http://www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:12100:0::NO:12100:P12100_INSTRUMENT_ID:312277:NO
Article 3
(...)
3. The holiday shall in no case be less than three working weeks for one year of service.
(...)
Article 5
(...)
4. (...) absence from work for some reasons beyond the control of the employed person concerned as illness, injury or maternity shall be counted as part of the period of service.
Article 6
2. (...) periods of incapacity for work resulting from sickness or injury may not be counted as part of the minimum annual holiday with pay (...).
Article 12
Agreements to relinquish the right to the minimum annual holiday with pay (...) or to forgo such a holiday, for compensation or otherwise, shall, as appropriate to national conditions, be null and void or be prohibited.
COURT DECISIONS
EU Court of Justice - (Grand Chamber) - 20 January 2009 - joint cases C-350/06 and C-520/06
(...)
38. In that regard, under Article 5(4) of Convention No 132 of the International Labour Organisation of 24 June 1970 concerning Annual Holidays with Pay (Revised), ‘… absence from work for such reasons beyond the control of the employed person concerned as illness, … shall be counted as part of the period of service’.
http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A62006CJ0350
FORCED LABOUR
C029 - Forced Labour Convention (1930)
http://www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:12100:0::NO:12100:P12100_INSTRUMENT_ID:312174:NO
P029 - Protocol of 2014 to the Forced Labour Convention (1930)
http://www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:12100:0::NO:12100:P12100_INSTRUMENT_ID:3174672:NO
Article 2
1. For the purposes of this Convention the term forced or compulsory labour shall mean all work or service which is exacted from any person under the menace of any penalty and for which the said person has not offered himself voluntarily.
(...).
Article 4
1.(...)
2. Where such forced or compulsory labour for the benefit of private individuals, companies or associations exists at the date on which a Member's ratification of this Convention is registered by the Director-General of the International Labour Office, the Member shall completely suppress such forced or compulsory labour from the date on which this Convention comes into force for that Member.
COURT DECISIONS
Cour Européenne des droits de l'Homme - (Cinquièmme section) - 11 octobre 2012 - C.N et V. c. France - No. 67724/09.
1. (...) ;
2. Dit qu’il y a eu violation de l’article 4 de la Convention à l’égard de la première requérante au titre de l’obligation positive de l’Etat de mettre en place un cadre législatif et administratif permettant de lutter efficacement contre la servitude et le travail forcé ;
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