C65 (Shelved) Penal Sanctions (Indigenous Workers) Convention, 1939

C65 (Shelved) Penal Sanctions (Indigenous Workers) Convention, 1939

Convention concerning Penal Sanctions for Breaches of Contracts of Employment by Indigenous Workers (Note: Date of coming into force: 08:07:1948 .)



Session of the Conference:25

Date of adoption:27:06:1939

Subject classification:

Subject: Indigenous and Tribal Peoples

See the ratifications for this Convention

Display the document in: French Spanish

Status: Outdated instrument

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 Twenty-fifth Session on 8 June 1939, and

Having decided upon the adoption of certain proposals with regard to the progressive abolition of penal sanctions for breaches of contracts of employment by indigenous workers, which is included in the second item on the agenda of the Session, and

Having determined that these proposals shall take the form of an international Convention,

adopts this twenty-seventh day of June of the year one thousand nine hundred and thirty-nine the following Convention, which may be cited as the Penal Sanctions (Indigenous Workers) Convention, 1939:

Article 1

1. This Convention applies to all contracts by which a worker belonging to or assimilated to the indigenous population of a dependent territory of a Member of the Organisation, or belonging to or assimilated to the dependent indigenous population of the home territory of a Member of the Organisation, enters the service of any public authority, individual, company or association, whether non-indigenous or indigenous, for remuneration in cash or in any other form whatsoever.

2. For the purpose of this Convention the term breach of contract means–

(a) any refusal or failure of the worker to commence or perform the service stipulated in the contract

(b) any neglect of duty or lack of diligence on the part of the worker

(c) the absence of the worker without permission or valid reason

(d) the desertion of the worker.

Article 2