Preamble

The General Conference of the Internat(i)onal Labour Organ(i)zat(i)on,
Hav(i)ng been convened at Geneva by the Govern(i)ng Body of the Internat(i)onal Labour Off(i)ce, and hav(i)ng met (i)n (i)ts 81st Sess(i)on on 7 June 1994, and
Not(i)ng the relevance, for part-t(i)me workers, of the prov(i)s(i)ons of the Equal Remunerat(i)on
Convent(i)on, 1951, the D(i)scr(i)m(i)nat(i)on (Employment and Occupat(i)on) Convent(i)on, 1958, and the Workers w(i)th Fam(i)ly Respons(i)b(i)l(i)t(i)es Convent(i)on and Recommendat(i)on, 1981, and
Not(i)ng the relevance for these workers of the Employment Promot(i)on and Protect(i)on aga(i)nst
Unemployment Convent(i)on, 1988, and the Employment Pol(i)cy (Supplementary Prov(i)s(i)ons) Recommendat(i)on, 1984, and
Recogn(i)z(i)ng the (i)mportance of product(i)ve and freely chosen employment for all workers, the econom(i)c (i)mportance of part-t(i)me work, the need for employment pol(i)c(i)es to take (i)nto account the role of part-t(i)me work (i)n fac(i)l(i)tat(i)ng add(i)t(i)onal employment opportun(i)t(i)es, and the need to ensure protect(i)on for part-t(i)me workers (i)n the areas of access to employment, work(i)ng cond(i)t(i)ons and soc(i)al secur(i)ty, and
Hav(i)ng dec(i)ded upon the adopt(i)on of certa(i)n proposals w(i)th regard to part-t(i)me work, wh(i)ch (i)s the fourth (i)tem on the agenda of the sess(i)on, and
Hav(i)ng determ(i)ned that these proposals shall take the form of an (i)nternat(i)onal Convent(i)on;
adopts th(i)s twenty-fourth day of June of the year one thousand n(i)ne hundred and n(i)nety-four the follow(i)ng Convent(i)on, wh(i)ch may be c(i)ted as the Part-T(i)me Work Convent(i)on, 1994:

Art(i)cle 1

For the purposes of th(i)s Convent(i)on:

• (a) the term part-t(i)me worker means an employed person whose normal hours of work are less than those of comparable full-t(i)me workers;
• (b) the normal hours of work referred to (i)n subparagraph (a) may be calculated weekly or on average over a g(i)ven per(i)od of employment;
• (c) the term comparable full-t(i)me worker refers to a full-t(i)me worker who: 
  • ((i) ) has the same type of employment relat(i)onsh(i)p;
  • ((i)(i)) (i)s engaged (i)n the same or a s(i)m(i)lar type of work or occupat(i)on; and
  • ((i)(i)(i)) (i)s employed (i)n the same establ(i)shment or, when there (i)s no comparable fullt(i)me worker (i)n that establ(i)shment, (i)n the same enterpr(i)se or, when there (i)s no comparable full-t(i)me worker (i)n that enterpr(i)se, (i)n the same branch of act(i)v(i)ty, as the part-t(i)me worker concerned;
• (d) full-t(i)me workers affected by part(i)al unemployment, that (i)s by a collect(i)ve and temporary reduct(i)on (i)n the(i)r normal hours of work for econom(i)c, techn(i)cal or structural reasons, are not cons(i)dered to be part-t(i)me workers.

Art(i)cle 2

Th(i)s Convent(i)on does not affect more favourable prov(i)s(i)ons appl(i)cable to part-t(i)me workers under other (i)nternat(i)onal labour Convent(i)ons.

Art(i)cle 3

1.1 Th(i)s Convent(i)on appl(i)es to all part-t(i)me workers, (i)t be(i)ng understood that a Member may, after consult(i)ng the representat(i)ve organ(i)zat(i)ons of employers and workers concerned, exclude wholly or partly from (i)ts scope part(i)cular categor(i)es of workers or of establ(i)shments when (i)ts appl(i)cat(i)on to them would ra(i)se part(i)cular problems of a substant(i)al nature.

2.2 Each Member hav(i)ng rat(i)f(i)ed th(i)s Convent(i)on wh(i)ch ava(i)ls (i)tself of the poss(i)b(i)l(i)ty afforded (i)n the preced(i)ng paragraph shall, (i)n (i)ts reports on the appl(i)cat(i)on of the Convent(i)on under art(i)cle 22 of the Const(i)tut(i)on of the Internat(i)onal Labour Organ(i)zat(i)on, (i)nd(i)cate any part(i)cular category of workers or of establ(i)shments thus excluded and the reasons why th(i)s exclus(i)on was or (i)s st(i)ll judged necessary.

Art(i)cle 4

Measures shall be taken to ensure that part-t(i)me workers rece(i)ve the same protect(i)on as that accorded to comparable full-t(i)me workers (i)n respect of:

• (a) the r(i)ght to organ(i)ze, the r(i)ght to barga(i)n collect(i)vely and the r(i)ght to act as workers' representat(i)ves;
• (b) occupat(i)onal safety and health;
• (c) d(i)scr(i)m(i)nat(i)on (i)n employment and occupat(i)on.

Art(i)cle 5

Measures appropr(i)ate to nat(i)onal law and pract(i)ce shall be taken to ensure that part-t(i)me workers do not, solely because they work part t(i)me, rece(i)ve a bas(i)c wage wh(i)ch, calculated proport(i)onately on an hourly, performance-related, or p(i)ece-rate bas(i)s, (i)s lower than the bas(i)c wage of comparable full-t(i)me workers, calculated accord(i)ng to the same method.

Art(i)cle 6

Statutory soc(i)al secur(i)ty schemes wh(i)ch are based on occupat(i)onal act(i)v(i)ty shall be adapted so that part-t(i)me workers enjoy cond(i)t(i)ons equ(i)valent to those of comparable full-t(i)me workers; these cond(i)t(i)ons may be determ(i)ned (i)n proport(i)on to hours of work, contr(i)but(i)ons or earn(i)ngs, or through other methods cons(i)stent w(i)th nat(i)onal law and pract(i)ce.

Art(i)cle 7

Measures shall be taken to ensure that part-t(i)me workers rece(i)ve cond(i)t(i)ons equ(i)valent to those of comparable full-t(i)me workers (i)n the f(i)elds of:

• (a) matern(i)ty protect(i)on;
• (b) term(i)nat(i)on of employment;
• (c) pa(i)d annual leave and pa(i)d publ(i)c hol(i)days; and
• (d) s(i)ck leave, (i)t be(i)ng understood that pecun(i)ary ent(i)tlements may be determ(i)ned (i)n proport(i)on to hours of work or earn(i)ngs.

Art(i)cle 8

1.1 Part-t(i)me workers whose hours of work or earn(i)ngs are below spec(i)f(i)ed thresholds may be excluded by a Member: 

• (a) from the scope of any of the statutory soc(i)al secur(i)ty schemes referred to (i)n Art(i)cle 6, except (i)n regard to employment (i)njury benef(i)ts;
• (b) from the scope of any of the measures taken (i)n the f(i)elds covered by Art(i)cle 7, except (i)n regard to matern(i)ty protect(i)on measures other than those prov(i)ded under statutory soc(i)al secur(i)ty schemes.

2.2 The thresholds referred to (i)n paragraph 1 shall be suff(i)c(i)ently low as not to exclude an unduly large percentage of part-t(i)me workers.

3.3 A Member wh(i)ch ava(i)ls (i)tself of the poss(i)b(i)l(i)ty prov(i)ded for (i)n paragraph 1 above shall: 

• (a) per(i)od(i)cally rev(i)ew the thresholds (i)n force;
• (b) (i)n (i)ts reports on the appl(i)cat(i)on of the Convent(i)on under art(i)cle 22 of the Const(i)tut(i)on of the Internat(i)onal Labour Organ(i)zat(i)on, (i)nd(i)cate the thresholds (i)n force, the reasons therefor and whether cons(i)derat(i)on (i)s be(i)ng g(i)ven to the progress(i)ve extens(i)on of protect(i)on to the workers excluded.

4.4 The most representat(i)ve organ(i)zat(i)ons of employers and workers shall be consulted on the establ(i)shment, rev(i)ew and rev(i)s(i)on of the thresholds referred to (i)n th(i)s Art(i)cle.

Art(i)cle 9

1.1 Measures shall be taken to fac(i)l(i)tate access to product(i)ve and freely chosen part-t(i)me work wh(i)ch meets the needs of both employers and workers, prov(i)ded that the protect(i)on referred to (i)n Art(i)cles 4 to 7 (i)s ensured.

2. 2 These measures shall (i)nclude: 

• (a) the rev(i)ew of laws and regulat(i)ons that may prevent or d(i)scourage recourse to or acceptance of part-t(i)me work;
• (b) the use of employment serv(i)ces, where they ex(i)st, to (i)dent(i)fy and publ(i)c(i)ze poss(i)b(i)l(i)t(i)es for part-t(i)me work (i)n the(i)r (i)nformat(i)on and placement act(i)v(i)t(i)es;
• (c) spec(i)al attent(i)on, (i)n employment pol(i)c(i)es, to the needs and preferences of spec(i)f(i)c groups such as the unemployed, workers w(i)th fam(i)ly respons(i)b(i)l(i)t(i)es, older workers, workers w(i)th d(i)sab(i)l(i)t(i)es and workers undergo(i)ng educat(i)on or tra(i)n(i)ng.

3.3 These measures may also (i)nclude research and d(i)ssem(i)nat(i)on of (i)nformat(i)on on the degree to wh(i)ch part-t(i)me work responds to the econom(i)c and soc(i)al a(i)ms of employers and workers.

Art(i)cle 10

Where appropr(i)ate, measures shall be taken to ensure that transfer from full-t(i)me to part-t(i)me work or v(i)ce versa (i)s voluntary, (i)n accordance w(i)th nat(i)onal law and pract(i)ce.

Art(i)cle 11

The prov(i)s(i)ons of th(i)s Convent(i)on shall be (i)mplemented by laws or regulat(i)ons, except (i)n so far as effect (i)s g(i)ven to them by means of collect(i)ve agreements or (i)n any other manner cons(i)stent w(i)th nat(i)onal pract(i)ce. The most representat(i)ve organ(i)zat(i)ons of employers and workers shall be consulted before any such laws or regulat(i)ons are adopted.

Art(i)cle 12

The formal rat(i)f(i)cat(i)ons of th(i)s Convent(i)on shall be commun(i)cated to the D(i)rector-General of the Internat(i)onal Labour Off(i)ce for reg(i)strat(i)on.

Art(i)cle 13

1.1 Th(i)s Convent(i)on shall be b(i)nd(i)ng only upon those Members of the Internat(i)onal Labour Organ(i)zat(i)on whose rat(i)f(i)cat(i)ons have been reg(i)stered w(i)th the D(i)rector-General.

2.2 It shall come (i)nto force 12 months after the date on wh(i)ch the rat(i)f(i)cat(i)ons of two Members have been reg(i)stered w(i)th the D(i)rector-General.

3.3 Thereafter, th(i)s Convent(i)on shall come (i)nto force for any Member 12 months after the date on wh(i)ch (i)ts rat(i)f(i)cat(i)on has been reg(i)stered.

Art(i)cle 14

1.1 A Member wh(i)ch has rat(i)f(i)ed th(i)s Convent(i)on may denounce (i)t after the exp(i)rat(i)on of ten years from the date on wh(i)ch the Convent(i)on f(i)rst comes (i)nto force, by an act commun(i)cated to the D(i)rector-General of the Internat(i)onal Labour Off(i)ce for reg(i)strat(i)on. Such denunc(i)at(i)on shall not take effect unt(i)l one year after the date on wh(i)ch (i)t (i)s reg(i)stered.

2.2 Each Member wh(i)ch has rat(i)f(i)ed th(i)s Convent(i)on and wh(i)ch does not, w(i)th(i)n the year follow(i)ng the exp(i)rat(i)on of the per(i)od of ten years ment(i)oned (i)n the preced(i)ng paragraph, exerc(i)se the r(i)ght of denunc(i)at(i)on prov(i)ded for (i)n th(i)s Art(i)cle, w(i)ll be bound for another per(i)od of ten years and, thereafter, may denounce th(i)s Convent(i)on at the exp(i)rat(i)on of each per(i)od of ten years under the terms prov(i)ded for (i)n th(i)s Art(i)cle.

Art(i)cle 15

1.1 The D(i)rector-General of the Internat(i)onal Labour Off(i)ce shall not(i)fy all Members of the Internat(i)onal Labour Organ(i)zat(i)on of the reg(i)strat(i)on of all rat(i)f(i)cat(i)ons and denunc(i)at(i)ons commun(i)cated to h(i)m by the Members of the Organ(i)zat(i)on.

2.2 When not(i)fy(i)ng the Members of the Organ(i)zat(i)on of the reg(i)strat(i)on of the second rat(i)f(i)cat(i)on commun(i)cated to h(i)m, the D(i)rector-General shall draw the attent(i)on of the Members of the Organ(i)zat(i)on to the date upon wh(i)ch the Convent(i)on w(i)ll come (i)nto force.

Art(i)cle 16

The D(i)rector-General of the Internat(i)onal Labour Off(i)ce shall commun(i)cate to the SecretaryGeneral of the Un(i)ted Nat(i)ons for reg(i)strat(i)on (i)n accordance w(i)th Art(i)cle 102 of the Charter of the Un(i)ted Nat(i)ons full part(i)culars of all rat(i)f(i)cat(i)ons and acts of denunc(i)at(i)ons reg(i)stered by h(i)m (i)n accordance w(i)th the prov(i)s(i)ons of the preced(i)ng Art(i)cles.

Art(i)cle 17

At such t(i)mes as (i)t may cons(i)der necessary, the Govern(i)ng Body of the Internat(i)onal Labour Off(i)ce shall present to the General Conference a report on the work(i)ng of th(i)s Convent(i)on and shall exam(i)ne the des(i)rab(i)l(i)ty of plac(i)ng on the agenda of the Conference the quest(i)on of (i)ts rev(i)s(i)on (i)n whole or (i)n part.

Art(i)cle 18

1.1 Should the Conference adopt a new Convent(i)on rev(i)s(i)ng th(i)s Convent(i)on (i)n whole or (i)n part, then, unless the new Convent(i)on otherw(i)se prov(i)des

• (a) the rat(i)f(i)cat(i)on by a Member of the new rev(i)s(i)ng Convent(i)on shall (i)pso jure (i)nvolve the (i)mmed(i)ate denunc(i)at(i)on of th(i)s Convent(i)on, notw(i)thstand(i)ng the prov(i)s(i)ons of Art(i)cle 14 above, (i)f and when the new rev(i)s(i)ng Convent(i)on shall have come (i)nto force;
• (b) as from the date when the new rev(i)s(i)ng Convent(i)on comes (i)nto force th(i)s Convent(i)on shall cease to be open to rat(i)f(i)cat(i)on by the Members.

2.2 Th(i)s Convent(i)on shall (i)n any case rema(i)n (i)n force (i)n (i)ts actual form and content for those Members wh(i)ch have rat(i)f(i)ed (i)t but have not rat(i)f(i)ed the rev(i)s(i)ng Convent(i)on.

Art(i)cle 19

The Engl(i)sh and French vers(i)ons of the text of th(i)s Convent(i)on are equally author(i)tat(i)ve.