ILO Conventions applicable to Macao
Convention concerning Hygiene in Commerce and Offices

Notification

"In accordance with the Joint Declaration of the Government of the People's Republic of China and the Government of the Republic of Portugal on the Question of Macao (hereinafter referred to as the Joint Declaration), the Government of the People's Republic of China will resume the exercise of sovereignty over Macao with effect from 20 December 1999. Macao will, from that date, become a Special Administrative Region of the People's Republic of China and will enjoy a high degree of autonomy, except in foreign and defence affairs which are the responsibilities of the Central People's Government of the People's Republic of China.
It is provided both in section VIII of Elaboration by the Government of the People's Republic of China of its Basic Policies Regarding Macao, which is Annex I to the Joint Declaration, and Article 138 of the Basic Law of the Macao Special Administrative Region of the People's Republic of China, which was adopted on 31 March 1993 by the National People's Congress of the People's Republic of China, that international agreements to which the People's Republic of China is not yet a party but which are implemented in Macao may continue to be implemented in the Macao Special Administrative Region.
In accordance with the above provisions, I am instructed by the Minister of Foreign Affairs of the People's Republic of China to inform Your Excellency of the following:
Convention concerning Hygiene in Commerce Offices (No. 120), adopted at Geneva on 8 July 1964 (hereinafter referred to as the "Convention"), which applies to Macao at present, will continue to apply to the Macao Special Administrative Region with effect from 20 December 1999.
The Government of the People's Republic of China will assume the responsibility for the international rights and obligations arising from the application of the Convention to the Macao Special Administrative Region."

Convention concerning Hygiene in Commerce and Offices

 

 

(ILO No. 120)

(Adopted at Geneva on 8 July 1964)


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-eighth Session on 17 June 1964, and
Having decided upon the adoption of certain proposals with regard to hygiene in commerce and offices, which is the fourth item on the agenda of the session, and
Having determined that certain of these proposals shall take the form of an international Convention,
adopts this eighth day of July of the year one thousand nine hundred and sixty-four the following Convention, which may be cited as the Hygiene (Commerce and Offices) Convention, 1964:

PART I. OBLIGATIONS OF PARTIES

Article 1

This Convention applies to--
(a) trading establishments;
(b) 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.

Article 2

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 establishments, 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.

Article 3

In any case in which it is doubtful whether an establishment, institution or administrative service is one to which this Convention applies, the question 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.

Article 4

Each Member which ratifies this Convention undertakes that it will--
(a) maintain in force laws or regulations which ensure the application of the General Principles set forth in Part II; and
(b) ensure that such effect as may be possible and desirable under national conditions is given to the provisions of the Hygiene (Commerce and Offices) Recommendation, 1964, or to equivalent provisions.

Article 5

The laws or regulations giving effect to the provisions of this Convention and any laws or regulations giving such effect as may be possible and desirable under national conditions to the provisions of the Hygiene (Commerce and Offices) Recommendation, 1964, or to equivalent provisions, shall be framed after consultation with the representative organisations of employers and workers concerned, where such exist.

Article 6

1. Appropriate measures shall be taken, by adequate inspection or other means, to ensure the proper application of the laws or regulations referred to in Article 5.
2. Where it is appropriate to the manner in which effect is given to this Convention, the necessary measures in the form of penalties shall be taken to ensure the enforcement of such laws or regulations.

PART II. GENERAL PRINCIPLES

Article 7

All premises used by workers, and the equipment of such premises, shall be properly maintained and kept clean.

Article 8

All premises used by workers shall have sufficient and suitable ventilation, natural or artificial or both, supplying fresh or purified air.

Article 9

All premises used by workers shall have sufficient and suitable lighting; workplaces shall, as far as possible, have natural lighting.

Article 10

As comfortable and steady a temperature as circumstances permit shall be maintained in all premises used by workers.

Article 11

All workplaces shall be so laid out and work-stations so arranged that there is no harmful effect on the health of the worker.

Article 12

A sufficient supply of wholesome drinking water or of some other wholesome drink shall be made available to workers.

Article 13

Sufficient and suitable washing facilities and sanitary conveniences shall be provided and properly maintained.

Article 14

Sufficient and suitable seats shall be supplied for workers and workers shall be given reasonable opportunities of using them.

Article 15

Suitable facilities for changing, leaving and drying clothing which is not worn at work shall be provided and properly maintained.

Article 16

Underground or windowless premises in which work is normally performed shall comply with appropriate standards of hygiene.

Article 17

Workers shall be protected by appropriate and practicable measures against substances, processes and techniques which are obnoxious, unhealthy or toxic or for any reason harmful. Where the nature of the work so requires, the competent authority shall prescribe personal protective equipment.

Article 18

Noise and vibrations likely to have harmful effects on workers shall be reduced as far as possible by appropriate and practicable measures.

Article 19

Every establishment, institution or administrative service, or department thereof, to which this Convention applies shall, having regard to its size and the possible risk--
(a) maintain its own dispensary or first-aid post; or
(b) maintain a dispensary or first-aid post jointly with other establishments, institutions or administrative services, or departments thereof; or
(c) have one or more first-aid cupboards, boxes or kits.

PART III. FINAL PROVISIONS

Article 20

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

Article 21

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 22

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 23

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 24

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 25

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 26

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 22 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 27

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

 

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