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Module 3 international labour standards an introduction


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Module 3 international labour standards an introduction

  1. 1. International Labour Standards: An Introduction Module 3 (e-learning phase)
  2. 2. Course Objectives <ul><li>To understand w hat international labour standards (ILSs) are; and how they are created and supervised </li></ul><ul><li>To introduce the ILO Fundamental (Core) Conventions </li></ul><ul><li>To introduce the principles of universality and flexibility of ILSs </li></ul><ul><li>To outline the use and application of ILSs </li></ul>
  3. 3. The ILO
  4. 4. The ILO Structure
  5. 5. ILO and ILS <ul><li>International Labour Organization maintains and develops a system of international labour standards (ILSs) </li></ul><ul><li>ILS are aimed at promoting opportunities for women and men to obtain decent and productive work in conditions of freedom, equity, security and dignity. </li></ul><ul><li>The ILO asserts that international labour standards are essential component for ensuring that the growth of the global economy provides benefits to all. </li></ul>
  6. 6. <ul><li>But </li></ul><ul><li>what are international labour standards? </li></ul><ul><li>How are they created; applied; and supervised? </li></ul>
  7. 7. International Labour Standards (ILS) <ul><li>ILSs are legal instruments drawn up by the ILO’s constituents (governments, employers and workers) setting out basic principles and rights at work. </li></ul><ul><li>ILSs take two forms: </li></ul><ul><ul><li>conventions , which are legally binding international treaties that may be ratified by member states, </li></ul></ul><ul><ul><li>recommendations , which serve as non-binding guidelines. </li></ul></ul>
  8. 8. Conventions and Recommendations <ul><li>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. </li></ul><ul><li>Recommendations can also be autonomous, i.e not linked to any convention. </li></ul>
  9. 9. How are ILSs made? <ul><li>International labour standards (both conventions and recommendations) are drawn up by representatives of governments, employers and workers and are adopted at the ILO’s annual International Labour Conference. </li></ul><ul><li>Once adopted, a standard is to be submitted by the member states are to their competent authority (normally the parliament) for consideration; in the case of convention for ratification. </li></ul>
  10. 10. Ratification of Conventions <ul><li>Ratification of ILO conventions are voluntary. </li></ul><ul><li>Ratification is a formal procedure whereby a state accepts the convention as a legally binding instrument. A country is subject to the ILO’s regular supervisory system responsible for ensuring that ratified conventions are applied. </li></ul>
  11. 11. <ul><li>Let’s look at two special categories of ILSs </li></ul><ul><ul><li>Fundamental (Core Conventions) </li></ul></ul><ul><ul><li>Priority Conventions </li></ul></ul>
  12. 12. ILO Fundamental (Core) Conventions <ul><li>Eight ILO conventions (covering four labour standards – known as the Fundamental (or Core) Labour Standards) - are designated as “Fundamental”. </li></ul><ul><li>They are legally binding upon members by virtue of membership in the ILO, regardless of ratification. </li></ul><ul><li>They came into being through the 1998 “ILO Declaration on Fundamental Principles and Rights at Work” </li></ul>
  13. 13. ILO Core Conventions <ul><li>These 8 conventions (4 standards) are: </li></ul><ul><ul><li>freedom of association (Conv. No. 87) and the effective recognition of the right to collective bargaining (Conv. No. 98); </li></ul></ul><ul><ul><li>the elimination of all forms of forced or compulsory labour (Conv No. 29 and 105); </li></ul></ul><ul><ul><li>the effective abolition of child labour (Conv. No 138, 182); and </li></ul></ul><ul><ul><li>The elimination of discrimination in respect of employment and occupation (Conv. No. 100, 111). </li></ul></ul>
  14. 14. Ratification of the Core Conventions <ul><li>There are currently over 1,290 ratifications of these conventions, </li></ul><ul><li>This represents 88.5% of the possible number of ratifications. </li></ul>
  15. 15. Priority Conventions <ul><li>Four ILO Conventions (covering 3 standards) are designated as “priority” instruments because of their importance to the functioning of the international labour standards system. </li></ul><ul><li>They cover: </li></ul><ul><ul><li>Labour Inspection (No. 81 and No 129 for Agriculture) </li></ul></ul><ul><ul><li>Tripartite Consultation – Government, Employers organizations and Workers’ organizations (No. 144) </li></ul></ul><ul><ul><li>Employment Policy (No. 122) </li></ul></ul>
  16. 16. Subjects of International standards <ul><li>Freedom of Association, Collective Bargaining, and Industrial Relations </li></ul><ul><li>Elimination Forced Labour </li></ul><ul><li>Abolition of Child Labour and Protection of Children and Young Persons </li></ul><ul><li>Equality of Opportunity and Treatment </li></ul><ul><li>Tripartite Consultation </li></ul><ul><li>Labour Administration and Inspection </li></ul><ul><li>Employment Policy and Promotion </li></ul><ul><li>Vocational Guidance and Training </li></ul><ul><li>Employment Security </li></ul><ul><li>Wages </li></ul><ul><li>Working Time </li></ul><ul><li>Occupational Safety and Health </li></ul><ul><li>Social Security </li></ul><ul><li>Maternity Protection </li></ul><ul><li>Social Policy </li></ul><ul><li>Migrant Workers </li></ul><ul><li>Seafarers </li></ul><ul><li>Fishermen </li></ul><ul><li>Dockworkers </li></ul><ul><li>Indigenous and Tribal Peoples </li></ul><ul><li>Specific Categories of Workers </li></ul> International Training Centre of the ILO
  17. 17. How are ILS created? <ul><li>It all starts from a growing international concern on which action is needed to be taken, </li></ul><ul><ul><li>for example providing working women with maternity protection, or ensuring safe working conditions for agricultural workers, etc. </li></ul></ul><ul><li>ILS are developed through a unique tripartite legislative process involving representatives of governments, workers and employers from around the world. </li></ul>
  18. 18. Process of Creating ILS <ul><li>Problem is identified;  placed on the agenda of a future International Labour Conference (ILC);  a report on the problem is prepared and circulated  problem is discussed at the International Labour Conference.  comments taken  second report prepared for the following Conference  necessary amendments made  adoption by a two-thirds majority of votes. </li></ul><ul><li>This “ double discussion ” gives Conference participants sufficient time to examine the draft instrument and make comments on it. </li></ul>
  19. 19. The Process: Pictorially
  20. 20. Universality and Flexibility of Standards <ul><li>Standards are adopted by a two-thirds majority – hence are expression of universally acknowledged principles. </li></ul><ul><li>standards are flexible enough to be translated into national law and practice with due consideration to members’ diversity (cultural and institutional, legal, and economic). </li></ul><ul><ul><li>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. </li></ul></ul>
  21. 21. Revisions and Withdrawals of Conventions and Recommendations <ul><li>At present there are 188 conventions and 199 recommendations, some dating back as far as 1919. </li></ul><ul><li>To maintain relevance of standards to today’s challenges, the ILO adopts revising conventions that replace older ones, or protocols which add new provisions to older conventions. </li></ul><ul><li>The International Labour Conference may also approve the withdrawal of recommendations or conventions which have not entered into force. </li></ul>
  22. 22. Revisions of Standards <ul><li>Between 1995 and 2002 the Governing Body reviewed all ILO standards adopted before 1985, the decision: </li></ul><ul><ul><li>71 conventions – including the fundamental and priority conventions and those adopted after 1985 – were designated as being “up-to-date” and recommended for active promotion. </li></ul></ul><ul><ul><li>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. </li></ul></ul><ul><li>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. </li></ul>
  23. 23. The use and applications of ILSs <ul><li>for drafting and implementing labour law in conformity with internationally accepted standards. </li></ul><ul><li>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) </li></ul><ul><li>As guideline for social policy such as employment policies; social security administration systems and f or systems of labour dispute resolution </li></ul><ul><li>In trade agreements to protect and/or promote labour rights </li></ul><ul><li>As guides or principles for socially-responsible enterprise practices </li></ul>
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