8.5.Procedure for the repeal or withdrawal of international labour standards

What is the working method of the tripartite SRM Working Group?

The decisions of this Group are taken by consensus and its consensus recommendations are submitted to the Governing Body for decision and follow-up action.

At its first meeting (held in February 2016 at ILO headquarters in Geneva), the SRM Tripartite Working Group produced a report setting out the division of international labor standards into 20 thematic clusters, grouped by strategic objectives of decent work (strategic objectives: employment, social protection, social dialogue and tripartism, fundamental principles and rights at work; and cross-cutting and sectoral objectives).

The reports of the SRM Tripartite Working Group are available at the following link: https://www.ilo.org/global/standards/international-labour-standards-policy/lang--en/index.htm

8.5.Procedure for the repeal or withdrawal of international labor standards39

PROCEDURE FOR THE REPEAL OR WITHDRAWAL OF INTERNATIONAL LABOR STANDARDS

What is the repeal and withdrawal of international labor standards?

The repeal or withdrawal of an international labor standard removes that standard from the international legal order when it is considered "obsolete".

A Convention or Recommendation is considered to be obsolete "if it is considered that it has lost its purpose or that it no longer makes a useful contribution to the achievement of the objectives of the Organization" (Article 19, paragraph 9, of the Constitution).

The procedure for repeal applies to Conventions in force.

The withdrawal procedure applies to Conventions not in force or to

Recommendations.

The same procedural guarantees apply to derogation and withdrawal, which have the same legal effect as a deletion of the standard concerned from the body of international labor standards.

39. This section is based on information in Handbook of procedures relating to international labour Conventions and Recommendations. ILO, 2019, p. 6-7.

The International Labour Conference adopted at its 85th Session (June 1997) amendments to the Constitution of the Organization by including paragraph 9 in Article 19 and to the Rules of Procedure of the Conference (new rule 11 and new rule 45bis of the Rules).

ILO Constitution Procedure for the Repeal of Obsolete Conventions

Article 19.9: “Acting on a proposal of the Governing Body, the Conference may, by a majority of two-thirds of the votes cast by the delegates present, abrogate any Convention adopted in accordance with the provisions of this Article if it appears that the Convention has lost its purpose or that it no longer makes a useful contribution to attaining the objectives of the Organisation.”

Which international labor standards have been repealed?

Updated information on the international labor standards that have been repealed can be found at this link: https://www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:12030:0::NO:::

The following is a list of international labor standards that have been repealed: • R001 – Unemployment Recommendation, 1919 (No. 1)) • C004– Night Work (Women) Convention, 1919 (No. 4) • C015 – Minimum Age (Trimmers and Stokers) Convention, 1921 (No. 15) • C021 – Inspection of Emigrants Convention, 1926 (No. 21) • C028 – Protection against Accidents (Dockers) Convention, 1929 (No. 28) • C031 – Hours of Work (Coal Mines) Convention, 1931 (No. 31) • C041 – Night Work (Women) Convention (Revised), 1934 (No. 41) • C046 – Hours of Work (Coal Mines) Convention (Revised), 1935 (No. 46) • C050 – Recruiting of Indigenous Workers Convention, 1936 (No. 50)) • C051 – Reduction of Hours of Work (Public Works) Convention, 1936 (No. 51) • R054 – Inspection (Building) Recommendation, 1937 (No. 54) • R056 – Vocational Education (Building) Recommendation, 1937 (No. 56) • C060 – Minimum Age (Non-Industrial Employment) Convention (Revised), 1937 (No. 60) • C061 – Reduction of Hours of Work (Textiles) Convention, 1937 (No. 61) • R063 – Control Books (Road Transport) Recommendation, 1939 (No. 63) • R064 – Night Work (Road Transport) Recommendation, 1939 (No. 64) • R065 – Methods of Regulating Hours (Road Transport) Recommendation, 1939 (No. 65) • R066 – Rest Periods (Private Chauffeurs) Recommendation, 1939 (No. 66) • C067 – Hours of Work and Rest Periods (Road Transport) Convention, 1939 (No. 67)

• R070– Social Policy in Dependent Territories Recommendation, 1944 (No. 70) • R072 – Employment Service Recommendation, 1944 (No. 72) • R073 – Public Works (National Planning) Recommendation, 1944 (No. 73) • R074 – Social Policy in Dependent Territories (Supplementary Provisions) Recommendation, 1945 (No. 74) • R096 – Minimum Age (Coal Mines) Recommendation, 1953 (No. 96)

Which international labor standards have been withdrawn?

Updated information on the international labor standards that have been withdrawn can be found at this link: https://www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:12030:0::NO:::

The following is the list of international labor standards that have been withdrawn: • R002 – Reciprocity of Treatment Recommendation, 1919 (No. 2) • R007 – Hours of Work (Fishing) Recommendation, 1920 (No. 7) • R011 – Unemployment (Agriculture) Recommendation, 1921 (No. 11) • R012 – Maternity Protection (Agriculture) Recommendation, 1921 (No. 12) • R015 – Vocational Education (Agriculture) Recommendation, 1921 (No. 15) • R016 – Living-in Conditions (Agriculture) Recommendation, 1921 (No. 16) • R018 – Weekly Rest (Commerce) Recommendation, 1921 (No. 18) • R021 – Utilisation of Spare Time Recommendation, 1924 (No. 21) • R026 – Migration (Protection of Females at Sea) Recommendation, 1926 (No. 26) • R032– Power-driven Machinery Recommendation, 1929 (No. 32) • R033 – Protection against Accidents (Dockers) Reciprocity Recommendation, 1929 (No. 33) • R037 – Hours of Work (Hotels, etc.) Recommendation, 1930 (No. 37) • R038 – Hours of Work (Theatres, etc.) Recommendation, 1930 (No. 38) • R039 – Hours of Work (Hospitals, etc.) Recommendation, 1930 (No. 39) • R042 – Employment Agencies Recommendation, 1933 (No. 42) • R043– Invalidity, Old-Age and Survivors' Insurance Recommendation, 1933 (No. 43) • R045 – Unemployment (Young Persons) Recommendation, 1935 (No. 45) • R046 – Elimination of Recruiting Recommendation, 1936 (No. 46) • R050– Public Works (International Co-operation) Recommendation, 1937 (No. 50) • R051– Public Works (National Planning) Recommendation, 1937 (No. 51)

• R058 – Contracts of Employment (Indigenous Workers) Recommendation, 1939 (No. 58) • R059 – Labour Inspectorates (Indigenous Workers) Recommendation, 1939 (No. 59) • R061 – Migration for Employment Recommendation, 1939 (No. 61) • R062 – Migration for Employment (Co-operation between States) Recommendation, 1939 (No. 62) • C064 – Contracts of Employment (Indigenous Workers) Convention, 1939 (No. 64) • C065– Penal Sanctions (Indigenous Workers) Convention, 1939 (No. 65) • C066 – Migration for Employment Convention, 1939 (No. 66) • C086 – Contracts of Employment (Indigenous Workers) Convention, 1947 (No. 86) • C104 – Abolition of Penal Sanctions (Indigenous Workers) Convention, 1955 (No. 104)