The document discusses International Labour Standards (ILS), which are instruments that aim to promote decent work opportunities. ILS take the form of conventions, which are legally binding treaties, and recommendations, which serve as non-binding guidelines. They are developed by the International Labour Organization through a process involving governments, employers, and workers. There are two special categories - fundamental conventions covering core labour standards like non-discrimination, child labor, and forced labor; and priority conventions related to issues like employment policy and labor inspections. ILS provide guidance for countries in developing labor laws and policies and protecting worker rights.
5. ā¢ International Labour Organization maintains and
develops a system of International Labour Standards
(ILS)
ā¢ ILS aim to promote opportunities for men and women to
obtain decent and productive work in conditions of
freedom, equity, security and dignity.
ā¢ The ILO asserts that International Labour Standards
are essential component for ensuring that the growth of
the global economy provides benefits to all.
6. ā¢ what are international labour standards?
ā¢ How are they created; applied; and supervised?
7. ā¢ ILS are legal instruments drawn up by the ILOās
constituents (governments, employers and
workers) setting out basic principles and rights at
work.
ā¢ ILS take two forms:
ā¢ conventions, which are legally binding international treaties that
may be ratified by member states,
ā¢ recommendations, which serve as non-binding guidelines.
8. ā¢ In many cases, a convention lays down the basic
principles to be implemented by ratifying countries, while
a related recommendation supplements the convention
by providing more detailed guidelines on how it could be
applied.
ā¢ Recommendations can also be autonomous, i.e: not
linked to any convention.
9. ā¢ International Labour Standards (both conventions and
recommendations) are drawn up by representatives of
governments, employers and workers and are adopted at
the ILOās annual International Labour Conference.
ā¢ Once adopted, a standard have to be submitted by the
member states to their competent authority (normally the
parliament) for consideration.
10. ā¢ Ratification of ILO conventions are voluntary.
ā¢ Ratification is a formal procedure whereby a state
accepts the convention as a legally binding instrument. A
country is subject to the ILOās regular supervisory system
responsible for ensuring that ratified conventions are
applied.
11. Letās look at two special categories of ILS
ā¢Fundamental (Core Conventions)
ā¢Priority Conventions
12. ā¢ Eight ILO conventions (covering four labour standards ā
known as the Fundamental (or Core) Labour Standards) -
are designated as āFundamentalā.
ā¢ They are legally binding upon members by virtue of
membership in the ILO, regardless of ratification.
ā¢ They came into being through the 1998 āILO Declaration
on Fundamental Principles and Rights at Workā
13. These 8 conventions (4 standards) are:
ā¢ freedom of association (Conv. No. 87) and the effective
recognition of the right to collective bargaining (Conv.
No. 98)
ā¢ the elimination of all forms of forced or compulsory
labour (Conv No. 29 and 105)
ā¢ the effective abolition of child labour (Conv. No 138,
182)
ā¢ The elimination of discrimination in respect of
employment and occupation (Conv. No. 100, 111)
14. ā¢ There are currently over 1,290 ratifications of these
conventions,
ā¢ This represents 88.5% of the possible number of
ratifications.
15. ā¢ Four ILO Conventions (covering 3 standards) are
designated as āpriorityā instruments because of
their importance to the functioning of the
international labour standards system.
ā¢ They cover:
ā¢ Labour Inspection (No. 81 and No 129 for Agriculture)
ā¢ Tripartite Consultation ā Government, Employers
organizations and Workersā organizations (No. 144)
ā¢ Employment Policy (No. 122)
16. ā¢ It all starts from a growing international concern
on which action is needed to be taken,
Example: providing working women with maternity
protection, or ensuring safe working conditions for
agricultural workers, etc.
ā¢ ILS are developed through a unique tripartite
legislative process involving representatives of
governments, workers and employers from
around the world.
17. ā¢ Problem is identified; ļ placed on the agenda of a future
International Labour Conference (ILC); ļ a report on the
problem is prepared and circulated ļ problem is
discussed at the International Labour Conference. ļ
comments taken ļ second report prepared for the
following Conference ļ necessary amendments made
ļ adoption by a two-thirds majority of votes.
ā¢ This ādouble discussionā gives Conference participants
sufficient time to examine the draft instrument and make
comments on it.
18.
19. ā¢ Standards are adopted by a two-thirds majority ā
hence are expression of universally
acknowledged principles.
ā¢ standards are flexible enough to be translated
into national law and practice with due
consideration to membersā diversity (cultural and
institutional, legal, and economic).
ā¢ For example, standards on minimum wages do not set
a specific universal minimum wage; it requires each
country to establish a system and the machinery to fix
minimum wage rates appropriate to its level of
development.
20. ā¢ At present there are 188 conventions and 199
recommendations, some dating back as far as 1919.
ā¢ To maintain relevance of standards to todayās challenges,
the ILO adopts revising conventions that replace older
ones, or protocols which add new provisions to older
conventions.
ā¢ The International Labour Conference may also approve
the withdrawal of recommendations or conventions
which have not entered into force.
21. ā¢ Between 1995 and 2002 the Governing Body
reviewed all ILO standards adopted before 1985,
the decision:
ā¢ 71 conventions ā including the fundamental and priority
conventions and those adopted after 1985 ā were
designated as being āup-to-dateā and recommended for
active promotion.
ā¢ Of the remaining standards, some needed to be
revised, some had an interim status, some were
outdated, and some others require further information
and study.
ā¢ In 1997 the ILO Constitution was amended to
allow abrogation of a convention in force if
recognized as obsolete by two-thirds vote of
delegates in International Labour Conference.
22. ā¢ for drafting and implementing labour law in
conformity with internationally accepted
standards.
ā¢ As sources of international law applied at the
national level (e.g. in courts to decide cases on
which national law is inadequate or silent)
ā¢ As guideline for social policy such as
employment policies; social security
administration systems and for systems of labour
dispute resolution
ā¢ In trade agreements to protect and/or promote
labour rights
ā¢ As guides or principles for socially-responsible
enterprise practices