R102 - Recomendación sobre los servicios sociales, 1956 (núm. 102)

Whereas it is desirable to define certain principles and establish certain standards concerning the following welfare facilities for workers:

• (a) feeding facilities in or near the undertaking;
• (b) rest facilities in or near the undertaking and recreation facilities excluding holiday facilities; and
• (c) transportation facilities to and from work where ordinary public transport is inadequate or impracticable,

The Conference recommends that the following provisions should be applied as fully and as rapidly as national conditions allow, by voluntary, governmental or other appropriate action, and that each Member should report to the International Labour Office as requested by the Governing Body concerning the measures taken to give effect thereto.

I. Scope

1. 1. This Recommendation applies to manual and non-manual workers employed in public or private undertakings, excluding workers in agriculture and sea transport.
2. 2. In any case in which it is doubtful whether an undertaking is one to which this Recommendation applies, the question should be settled either by the competent authority after consultation with the organisations of employers and workers concerned, or in accordance with the law or practice of the country.

II. Methods of Implementation

1. 3. Having regard to the variety of welfare facilities and of national practices in making provision for them, the facilities specified in this Recommendation may be provided by means of public or voluntary action--
   • (a) through laws and regulations, or
   • (b) in any other manner approved by the competent authority after consultation with employers' and workers' organisations, or
   • (c) by virtue of collective agreement or as otherwise agreed upon by the employers and workers concerned.

III. Feeding Facilities

A. Canteens

1. 4. Canteens providing appropriate meals should be set up and operated in or near undertakings where this is desirable, having regard to the number of workers employed by the undertaking, the demand for and prospective use of the facilities, the non-availability of other appropriate facilities for obtaining meals and any other relevant conditions and circumstances.
2. 5. If canteens are provided by virtue of national laws or regulations, the competent authority should be empowered to require the setting up and operation of canteens in or near undertakings where more than a specified minimum number of workers is employed or where this is desirable for any other reason determined by the competent authority.
3. 6. If canteens are the responsibility of works committees established by national laws or regulations, this responsibility should be exercised in undertakings where the setting up and operation of such canteens are desirable.
4. 7. If canteens are provided by virtue of collective agreement or in any other manner except as indicated in Paragraphs 5 and 6, the arrangements so arrived at should apply to undertakings where this is desirable for any reason as determined by agreement between the employers and workers concerned.
5. 8. The competent authority or some other appropriate body should make suitable arrangements to give information, advice and guidance to individual undertakings with respect to technical questions involved in the setting up and operation of canteens.
6. 9.
   • (1) Where adequate publications are not already in existence, the competent authority or some other appropriate body should prepare and publish detailed information, suggestions and guidance, adapted to the special conditions in the country concerned, on methods of setting up and operating canteens.
   • (2) Such information should include suggestions on--
     • (a) location of the canteens in relation to the various buildings or departments of the undertakings concerned;
     • (b) establishment of joint canteens for several undertakings in so far as is appropriate;
     • (c) accommodation in canteens: standards of space, lighting, heating, temperature and ventilation;
     • (d) layout of canteens: dining room or rooms, service area, kitchen, dishwashing area, storage, administration office, and lockers and washroom for canteen personnel;
     • (e) equipment, furnishing and decoration of canteens: equipment for the preparation and cooking of food, refrigeration, storage and washing up; types of fuel for cooking; types of tables and chairs in the dining room or rooms; scheme of painting and decoration;
     • (f) types of meals provided: standard menu, standard menu with options, à la carte; dietetic menus where medically prescribed; special menus for workers in unhealthy occupations; breakfast, midday meal or other meals for shift workers;
     • (g) standard of nutrition: nutritional values of foodstuffs, planned menus and balanced diets;
     • (h) types of service in the canteen: hatch or counter service, cafeteria, and table service; personnel needed for each type of service;
     • (i) standards of hygiene in the kitchen and dining rooms;
     • (j) financial questions: initial capital outlay for construction, equipment and furnishing, continuing overheads and maintenance expenses, food and personnel costs, accounts, prices charged for meals.

B. Buffets and Trolleys

1. 10.
   • (1) In undertakings where it is not practicable to set up canteens providing appropriate meals, and in other undertakings where such canteens already exist, buffets or trolleys should be provided, where necessary and practicable, for the sale to the workers of packed meals or snacks and tea, coffee, milk and other beverages. Trolleys should not, however, be introduced into workplaces in which dangerous or harmful processes make it undesirable that workers should partake of food and drink there.
   • (2) Some of these facilities should be made available not only during the midday or midshift interval but also during the recognised rest pauses and breaks.

C. Messrooms and Other Suitable Rooms

1. 11.
   • (1) In undertakings where it is not practicable to set up canteens providing appropriate meals, and, where necessary, in other undertakings where such canteens already exist, messroom facilities should be provided, where practicable and appropriate, for individual workers to prepare or heat and take meals provided by themselves.
   • (2) The facilities so provided should include at least--
     • (a) a room in which provision suited to the climate is made for relieving discomfort from cold or heat;
     • (b) adequate ventilation and lighting;
     • (c) suitable tables and seating facilities in sufficient numbers;
     • (d) appropriate appliances for heating food and beverages;
     • (e) an adequate supply of wholesome drinking water.

D. Mobile Canteens

1. 12. In undertakings in which workers are dispersed over wide work areas, it is desirable, where practicable and necessary, and where other satisfactory facilities are not available, to provide mobile canteens for the sale of appropriate meals to the worker.

E. Other Facilities

1. 13. Special consideration should be given to providing shift workers with facilities for obtaining adequate meals and beverages at appropriate times.
2. 14. In localities where there are insufficient facilities for purchasing appropriate food, beverages and meals, measures should be taken to provide workers with such facilities.

F. Use of Facilities

1. 15. The workers should in no case be compelled, except as required by national laws and regulations for reasons of health, to use any of the feeding facilities provided.

IV. Rest Facilities

A. Seats

1. 16.
   • (1) In undertakings where any workers, especially women and young workers, have in the course of their work reasonable opportunities for sitting without detriment to their work, seats should be provided and maintained for their use.
   • (2) Seats so provided should be in adequate numbers and reasonably near the work posts of the workers concerned.
2. 17.
   • (1) In undertakings where a substantial proportion of any work can be properly done seated, seats should be provided and maintained for the workers concerned.
   • (2) The seat should be of a design, construction and dimensions suitable for the worker and the work; a footrest should be provided where necessary.
3. 18. Regardless of whether seats for workers are provided and maintained by virtue of national laws or regulations, the competent authority in each country should authorise appropriate government officials to give information, advice and guidance with respect to the technical questions involved in the provision and maintenance of suitable seats for workers, particularly where seats are provided for workers engaged on operations in which a substantial proportion of the work can be properly done seated.

B. Rest Rooms

1. 19.
   • (1) In an undertaking where alternative facilities are not available for workers to take temporary rest during working hours, a rest room should be provided, where this is desirable, having regard to the nature of the work and any other relevant conditions and circumstances. In particular, rest rooms should be provided to meet the needs of women workers; of workers engaged on particularly arduous or special work requiring temporary rest during working hours; or of workers employed on broken shifts.
   • (2) National laws or regulations should, where appropriate, empower the competent authority to require the provision of rest rooms in particular undertakings or classes of undertakings in which this is considered desirable by the competent authority owing to the conditions and circumstances of employment.
2. 20. The facilities so provided should include at least--
   • (a) a room in which provision suited to the climate is made for relieving discomfort from cold or heat;
   • (b) adequate ventilation and lighting;
   • (c) suitable seating facilities in sufficient numbers.

V. Recreation Facilities

1. 21.
   • (1) Appropriate measures should be taken to encourage the provision of recreation facilities for the workers in or near the undertaking in which they are employed, where suitable facilities organised by special bodies or by community action are not already available and where there is a real need for such facilities as indicated by the representatives of the workers concerned.
   • (2) Such measures, where necessary, should be taken by works committees or other bodies established by national laws or regulations if these have a responsibility in this field, or by voluntary action of the employers or workers concerned after consultation with each other. These measures should, preferably, be taken in such a way as to stimulate and support action by the public authorities so that the community is able to meet the demand for recreation facilities.
2. 22. Whatever may be the methods adopted for providing recreation facilities, the workers should in no case be under any obligation to participate in the utilisation of any of the facilities provided.

VI. Management of Feeding and Recreation Facilities

1. 23. While the management of the feeding and recreation facilities provided may be exercised in different ways in accordance with the customs of the country or locality concerned or with arrangements under which special bodies are entrusted with over-all responsibility for welfare facilities, the following are some of the forms of management that competent authorities, employers and workers should take into account:
   • (a) in respect of feeding facilities--
     • (i) in countries in which the provision of feeding facilities forms a responsibility of works committees established by national laws or regulations, management of such facilities by such works committees or by subcommittees appointed by them; or
     • (ii) in other countries, management of such facilities by the management of the undertaking or by catering contractors appointed by it, with arrangements for consultation with the workers in the undertaking, for example through a canteen committee consisting of representatives of the workers in the undertaking;
   • (b) in respect of recreation facilities--
     • (i) in countries in which the provision of recreation facilities forms a responsibility of works committees established by national laws or regulations, management of such facilities by such works committees or by subcommittees appointed by them; or
     • (ii) in other countries, management of such facilities by a central recreation committee elected by the workers in the undertaking; with or without a representative or representatives of the management of the undertaking, or by a number of different clubs formed voluntarily by groups of workers in the undertaking interested in particular forms of recreation.
2. 24. The competent authorities of each country should arrange for the consultation of workers' and employers' organisations concerning both the methods of administration and the supervision of the welfare facilities set up by virtue of national laws or regulations.

VII. Financing of Feeding and Recreation Facilities

1. 25. While the financing of the feeding and recreation facilities provided may be exercised in different ways in accordance with the customs of the country or locality concerned or with arrangements under which special bodies are entrusted with over-all responsibility for welfare facilities, the following are some of the forms of financing that competent authorities, employers and workers should take into account:
   • (a) in respect of feeding facilities--
     • (i) financing by the employer of expenditure for constructing, renting or otherwise providing the premises for feeding facilities together with the necessary equipment and furnishings and for continuing overheads and maintenance, including heating, lighting and cleaning, rates and taxes, insurance and upkeep of premises, equipment and furnishings;
     • (ii) payment for meals and other food supplied by the workers using the facilities;
     • (iii) financing of expenditure for wages and insurance of food service personnel, either by the employer or by the workers through payment for meals and other food supplied;
   • (b) in respect of recreation facilities--
     • (i) financing by the employer of expenditure for constructing, renting or otherwise providing the premises for indoor recreation facilities and the grounds and installations for outdoor recreation facilities, together with the necessary durable equipment and furnishings, and for continuing overheads and maintenance, including heating, lighting and cleaning, rates and taxes, insurance and upkeep of premises, grounds, installations, equipment and furnishing; and
     • (ii) financing of day-to-day running expenses, including in particular the provision of expendable equipment and supplies, by the workers using the facilities through payment of membership subscriptions and games fees, and through receipts from charges for admission to matches, or otherwise.
2. 26. In the economically underdeveloped countries, in the absence of other legal obligations concerning welfare facilities, such facilities may be financed through welfare funds maintained by contributions fixed by the competent authorities and administered by committees with equal representation of employers and workers.
3. 27.
   • (1) Where meals and other food supplies are made available to the workers directly by the employer, their prices should be reasonable and they should be provided without profit to the employer; any possible financial surplus resulting from the sale should be paid into a fund or special account and used, according to circumstances, either to offset losses or to improve the facilities made available to the workers.
   • (2) Where meals and other food supplies are made available to the workers by a caterer or contractor, their prices should be reasonable and they should be provided without profit to the employer.
   • (3) Where the facilities in question are provided by virtue of collective agreements or by special agreements within undertakings, the fund provided for in subparagraph (1) should be administered either by a joint body or by the workers.
4. 28.
   • (1) In no case should a worker be required to contribute towards the cost of welfare facilities that he does not wish to use personally.
   • (2) In cases where workers have to pay for welfare facilities, payment by instalment or delay in payment should not be permitted.

VIII. Transport Facilities

1. 29. Where, in accordance with national or local custom, workers provide their own means of transport to and from work, suitable parking or storage facilities should be provided where necessary and practicable.
2. 30. Where a substantial proportion of the workers experience special difficulties in travelling to and from work owing to the inadequacy of public transport services or unsuitability of transport timetables, the undertakings in which they are employed should endeavour to secure from the organisations providing public transport in the locality concerned the necessary adjustments or improvements in their services.
3. 31. Where the workers' transport difficulties are primarily due to peak transport loads and traffic congestion at certain hours and where such difficulties cannot otherwise be overcome, the undertaking in which they are employed should, in consultation with the workers concerned and with the public transport and traffic authorities, and, where appropriate, with other undertakings in the same locality, endeavour to adjust or stagger times of starting and finishing work in the undertaking as a whole or in some of its departments.
4. 32. Where adequate and practicable transport facilities for the workers are necessary and cannot be provided in any other way, the undertakings in which they are employed should themselves provide the transport.
5. 33. In particular countries, areas or industries, where public transport facilities are inadequate or impracticable, and as an alternative to the provision of transport by the undertaking, transport allowances should, by agreement between the employer and the workers concerned, be paid to the workers by the undertaking.
6. 34. Wherever necessary, undertakings should arrange for adequate transport facilities to be available, either through the services of public transport or otherwise, to meet the needs of shift workers at times of the day and night when ordinary public transport facilities are inadequate, impracticable or non-existent.

IX. General Provision

1. 35. In the case of a federal State, the term national laws or regulations , as used in this Recommendation, includes the laws and regulations of the federal State and the laws and regulations of the constituent states, provinces or cantons, as may be appropriate under the constitutional system of the Member concerned.