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-second Session on 4 June 1958.R111_Discrimination__no_13_.pdf: 170 downloads, before Oct. 1, 2020

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R111 Discrimination (Employment and Occupation) Recommendation, 
1958 
Recommendation concerning Discrimination in Respect of Employment and Occupation  
Recommendation:R111  
Place:Geneva  
Session of the Conference:42  
Date of adoption=25:06:1958  
Subject classification: Non-discrimination (Employment and Occupation)  
Subject classification: Women  
Subject: Equality of Opportunity and Treatment  
Display the document in:  French   Spanish 
Status: Up-to-date instrument This Recommendation is related to a fundamental Convention and is considered up to 
date. 
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-second Session on 4 June 1958, and 
Having decided upon the adoption of certain proposals with regard to discrimination in the 
field of employment and occupation, which is the fourth item on the agenda of the session, 
and 
Having determined that these proposals shall take the form of a Recommendation 
supplementing the Discrimination (Employment and Occupation) Convention, 1958, 
adopts this twenty-fifth day of June of the year one thousand nine hundred and fifty-eight, the 
following Recommendation, which may be cited as the Discrimination (Employment and 
Occupation) Recommendation, 1958: 
The Conference recommends that each Member should apply the following provisions: 
I. Definitions 
1. 
(1) For the purpose of this Recommendation the term discrimination includes-- 
(a) any distinction, exclusion or preference made on the basis of race, colour, sex, religion, 
political opinion, national extraction or social origin, which has the effect of nullifying or 
impairing equality of opportunity or treatment in employment or occupation; 
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(b) such other distinction, exclusion or preference which has the effect of nullifying or 
impairing equality of opportunity or treatment in employment or occupation as may be 
determined by the Member concerned after consultation with representative employers' and 
workers' organisations, where such exist, and with other appropriate bodies. 
(2) Any distinction, exclusion or preference in respect of a particular job based on the 
inherent requirements thereof is not deemed to be discrimination. (3) For the purpose of this 
Recommendation the terms employment and occupation include access to vocational 
training, access to employment and to particular occupations, and terms and conditions of 
employment. 
II. Formulation and Application of Policy 
2. Each Member should formulate a national policy for the prevention of discrimination in 
employment and occupation. This policy should be applied by means of legislative 
measures, collective agreements between representative employers' and workers' 
organisations or in any other manner consistent with national conditions and practice, and 
should have regard to the following principles: 
(a) the promotion of equality of opportunity and treatment in employment and occupation is a 
matter of public concern; 
(b) all persons should, without discrimination, enjoy equality of opportunity and treatment in 
respect of-- 
(i) access to vocational guidance and placement services; 
(ii) access to training and employment of their own choice on the basis of individual suitability 
for such training or employment; 
(iii) advancement in accordance with their individual character, experience, ability and 
diligence; 
(iv) security of tenure of employment; 
(v) remuneration for work of equal value; 
(vi) conditions of work including hours of work, rest periods, annual holidays with pay, 
occupational safety and occupational health measures, as well as social security measures 
and welfare facilities and benefits provided in connection with employment; 
(c) government agencies should apply non-discriminatory employment policies in all their 
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activities; 
(d) employers should not practise or countenance discrimination in engaging or training any 
person for employment, in advancing or retaining such person in employment, or in fixing 
terms and conditions of employment; nor should any person or organisation obstruct or 
interfere, either directly or indirectly, with employers in pursuing this principle; 
(e) in collective negotiations and industrial relations the parties should respect the principle of 
equality of opportunity and treatment in employment and occupation, and should ensure that 
collective agreements contain no provisions of a discriminatory character in respect of 
access to, training for, advancement in or retention of employment or in respect of the terms 
and conditions of employment; 
(f) employers' and workers' organisations should not practise or countenance discrimination 
in respect of admission, retention of membership or participation in their affairs. 
3. Each Member should-- 
(a) ensure application of the principles of non-discrimination-- 
(i) in respect of employment under the direct control of a national authority; 
(ii) in the activities of vocational guidance, vocational training and placement services under 
the direction of a national authority; 
(b) promote their observance, where practicable and necessary, in respect of other 
employment and other vocational guidance, vocational training and placement services by 
such methods as-- 
(i) encouraging state, provincial or local government departments or agencies and industries 
and undertakings operated under public ownership or control to ensure the application of the 
principles; 
(ii) making eligibility for contracts involving the expenditure of public funds dependent on 
observance of the principles; 
(iii) making eligibility for grants to training establishments and for a licence to operate a 
private employment agency or a private vocational guidance office dependent on observance 
of the principles. 
4. Appropriate agencies, to be assisted where practicable by advisory committees composed 
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of representatives of employers' and workers' organisations, where such exist, and of other 
interested bodies, should be established for the purpose of promoting application of the 
policy in all fields of public and private employment, and in particular-- 
(a) to take all practicable measures to foster public understanding and acceptance of the 
principles of non-discrimination; 
(b) to receive, examine and investigate complaints that the policy is not being observed and, 
if necessary by conciliation, to secure the correction of any practices regarded as in conflict 
with the policy; and 
(c) to consider further any complaints which cannot be effectively settled by conciliation and 
to render opinions or issue decisions concerning the manner in which discriminatory 
practices revealed should be corrected. 
5. Each Member should repeal any statutory provisions and modify any administrative 
instructions or practices which are inconsistent with the policy. 
6. Application of the policy should not adversely affect special measures designed to meet 
the particular requirements of persons who, for reasons such as sex, age, disablement, 
family responsibilities or social or cultural status are generally recognised to require special 
protection or assistance. 
7. Any measures affecting an individual who is justifiably suspected of, or engaged in, 
activities prejudicial to the security of the State should not be deemed to be discrimination, 
provided that the individual concerned has the right to appeal to a competent body 
established in accordance with national practice. 
8. With respect to immigrant workers of foreign nationality and the members of their families, 
regard should be had to the provisions of the Migration for Employment Convention 
(Revised), 1949, relating to equality of treatment and the provisions of the Migration for 
Employment Recommendation (Revised), 1949, relating to the lifting of restrictions on 
access to employment. 
9. There should be continuing co-operation between the competent authorities, 
representatives of employers and workers and appropriate bodies to consider what further 
positive measures may be necessary in the light of national conditions to put the principles of 
non-discrimination into effect. 
III. Co-ordination of Measures for the Prevention of Discrimination in All Fields 
10. The authorities responsible for action against discrimination in employment and 
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occupation should co-operate closely and continuously with the authorities responsible for 
action against discrimination in other fields in order that measures taken in all fields may be 
co-ordinated. 
Cross references  
Conventions: C111 Discrimination (Employment and Occupation) Convention, 1958  
Conventions: C097 Migration for Employment Convention (Revised), 1949 
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