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Labour_Disputes_Settlement

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					  ILO Standards and Principles
on Labour Disputes Settlement




                             Alain Pelce
             Senior International Labour
                    Standards Specialist
                   ILO Office in Moscow
Relevant Sources of
International Labour Law
   International Labour Standards
       Conventions or Recommendations
       Tripartite adoption
       Universality, flexibility, normative content
   Practice of the supervisory bodies
       Comments of the Committee of Experts
       Conclusions of the Conference Committee on
        Application of Standards
       Decisions of the Committee on Freedom of Association
Industrial Disputes Settlement:
The Voluntary Conciliation and Arbitration
Recommendation, 1951 (No. 92)

   Voluntary Conciliation machinery:
       Purpose: prevention and settlement of industrial
        disputes
       Voluntary, free of charge, expeditious
       Equal representation of workers and employers
       Parties encouraged to abstain from strikes or lockouts
        during the process
       Agreement reached equivalent to usual agreement
   Voluntary Arbitration
       If dispute submitted for final settlement with the
        consent of all the parties they should abstain from
        strikes and lockouts
       BUT does not limit the right to strike
Industrial Disputes Settlement:
The Collective Bargaining Convention, 1981
(No. 154)

   Bodies and procedures for the settlement of
    labour disputes should be so conceived as to
    contribute to the promotion of collective
    bargaining
   Conciliation and/or arbitration can be part of
    bargaining process provided they are voluntary
   Recommendation No. 163 adds that measures
    should be taken to create procedures to assist
    the parties in finding themselves solutions to
    disputes relating to negotiation, interpretation
    and application of agreements
Industrial Disputes Settlement:
The Labour Relations (Public Service)
Convention, 1978 (No. 151)


   Settlement of disputes related to determination
    of terms and conditions of employment through:
       negotiation between the parties, or
       independent and impartial machinery (mediation,
        conciliation or arbitration) enjoying the confidence of
        the parties
   Similar provisions in the Nursing Personnel
    Convention, 1977 (No. 149)
Industrial Disputes Settlement:
Roles of Labour Administration
and Labour Inspection

   Competent bodies within the labour
    administration should provide conciliation and
    mediation facilities in case of collective disputes
    Labour Administration Recommendation, 1978 (No. 158)
                            BUT
   Not for labour inspectors to act as conciliators or
    arbitrators
    Labour Inspection Recommendation, 1947 (No. 81) and
      Labour Inspection (Agriculture) Recommendation, 1969
      (No. 133)
Industrial Disputes Settlement:
Relevant Standards and Principles on
Freedom of Association

Two basic principles:
   Right to strike
             As implied by the Freedom of
      Association and the Right to Collective
      Bargaining Convention, 1948 (No. 87)
   Promotion of voluntary collective
    bargaining
             As provided by the Right to Organize
      and Collective Bargaining Convention, 1949
      (No. 98)
Industrial Disputes Settlement:
Relevant Standards and Principles on
Freedom of Association

Requirement of prior exhaustion of
 conciliation, mediation or voluntary
 arbitration procedure is an acceptable
 condition to the exercise of the right to
 strike
However, machinery must genuinely
 facilitate bargaining, and not be so
 complex or slow that it would make lawful
 strike impossible
Industrial Disputes Settlement:
Relevant Standards and Principles on
Freedom of Association

Imposition of compulsory arbitration is
  acceptable only where the right to strike
  can legitimately be restricted:
   In the event of acute crisis, for a limited period
    of time
   In the public service, only for public servants
    exercising authority in the name of the State
   In essential services, whose interruption would
    endanger the life, safety or health of the
    population
Industrial Disputes Settlement:
Relevant Standards and Principles on
Freedom of Association

Where legitimate restrictions to the right to
 strike can be imposed, they should be
 accompanied by compensatory
 guarantees including conciliation and
 arbitration procedures that are:
                     Adequate
                     Impartial
                     Speedy
     Enjoying the confidence of the parties
Settlement of Disputes of Rights:
The Examination of Grievances
Recommendation, 1967 (No. 130)

   Encourages the establishment of a grievance procedure at
    the level of the undertaking as a first step before resorting
    to other procedures, such as courts or arbitration
   Applies to rights disputes, not to collective claims aimed at
    modifying terms and conditions of employment
   Procedure should be simple and rapid, minimize formalities,
    ensure the right of the worker to participate, to be assisted
    or represented
   Protection against retaliation
   Grievance prevention
   Adjustment of unsettled grievances through voluntary
    procedures, conciliation, arbitration, labour courts
Concluding Remarks



   In spite of its importance for industrial
    relations, disputes settlement covered
    only by few instruments
   Do not prescribe specific models
   Linked to issues that remain controversial,
    such as strikes or lockouts
   Prospects for a new instrument ?

				
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