Article No.
1
Provisions
4
Comments
This Convention applies to -
(a)
(b)
trading establishments;
establishments, institutions and administrative services in which the workers are mainly engaged in office work;
(c) in so far as they are not subject
to national laws or regulations or other arrangements concerning hygiene in industry, mines, transport or agriculture, any departments of other establishments, institutions or administrative
services in which departments the
workers are mainly engaged in commerce or office work.
The scope covered by this provision is very broad. According to the accompanying Recommendation, among other establishments, hotels and boarding houses and restaurants, clubs, cafes and other catering establishments in addition to numerous shops and offices would need to be covered. It would be desirable to exclude many of the small sized establishments from the application of the convention to reduce the enforcement difficulties. However, the setting of criteria whereby the type of establishments could be excluded would itself be a difficult process.
2
3
The competent authority may, after consultation with the organisations of employers and workers directly concerned, where such exist, exclude from the application of all or any of the provisions of this Convention specified classes of the establish- ments, institutions or administrative services, or departments thereof, referred to in Article 1, where the circumstances and conditions of employment are such that the application to them of all or any of the said provisions would be inappropriate.
In any case in which it is doubtful whether an establishment, institution or administrative service is one to which this Convention applies, the ques- tion shall be settled either by the competent . authority after consultation with the representative organisations of employers and workers concerned, where such exist, or in any other manner which is consistent with national law and practice.
The Labour Advisory Poard or its Sub-Committee on the Implementation of International Labour Standards may be consulted on the type of establishments to be excluded. However, the membership of the Board is such that the main interests represented there are related to the manufac- turing industries. Very wide consultations would there- fore need to be undertaken before a suitable criteria could be established. The relevant legislative provisions must be precise otherwise it will create enforcement difficulties. Such provisions are, however, difficult to draft.
An appeals machinery would be necessary to consider claims that an individual establishment should be exempted from the application of legislation if certain types of establishments are excluded from the application of legislation.