ЩОДО ДЕНОНСАЦІЇ КОНВЕНЦІЙ МІЖНАРОДНОЇ ОРГАНІЗАЦІЇ ПРАЦІ

Abstract

The article analyzes the legal regulation for the denunciation of the conventions of the International Labour Organization. Both automatic and "pure" denunciations of conventions are examined. Ratified ILO conventions have traditionally been one of the key sources of national labour law. However, over time, some of them have lost their relevance and practical importance. The most common way to waive obligations under ratified conventions is to denounce them. Denunciation is provided for in every ILO convention, with the exception of Conventions Nos. 80 and 116, which contain rules relating to the partial revision of previous conventions. In addition, a mechanism for partial denunciation is provided for certain conventions. Such a mechanism is expressed in the possibility of denunciation of: a) certain sections of the Convention, e.g. Invalidity, Old-Age and Survivors' Benefits Convention, 1967 (No. 128); b) certain categories covered by the scope of the convention, e.g. Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148). It is determined that most denunciations of ILO conventions occur automatically, due to the country's ratification of more recent conventions. In Ukraine, all denunciation of ILO conventions took place automatically. The "pure" denunciations are more relevant to outdated conventions or conventions that no longer correspond to existing fundamental principles in the world of work. An example is Night Work (Women) Convention (Revised), 1948 (No. 89), which was denounced by Austria, Greece, Italy, Ireland, France, the Czech Republic, etc. The provisions of this Convention are no longer in line with the ILO's existing policy of equal rights and opportunities for men and women in world of work. The practice of denouncing up-to-date ILO conventions should not be called widespread, primarily due to the need for mandatory prior tripartite consultations on this issue, which involves comprehensive consideration of the interests of government, employees and employers. Ratification by the country of the ILO conventions puts national labour legislation in a fairly clear framework, which in some cases may serve as a reason for slowing down specific areas of its further development. After all, certain conventions were adopted at a time when completely different regulatory approaches in the world of work were applied than those that exist today. Resolving this issue is possible through the timely and balanced application of the denunciation procedure. This procedure, provided for in almost all ILO conventions, should be considered as a clear example of the harmonious evolution of international labour standards. Keywords: International Labour Organization, conventions, automatic denunciation, "pure" denunciation, ratification, national legislation.