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The International Labour
Organization (ILO)
&
International Labour
Standards (ILS)
Tim De Meyer,
Specialist on International Labour Standards &
Labour Law
International Labour Office, Bangkok Subregional
Office for East Asia (SRO Bangkok), Thailand
Part I
The International Labour
Organization
2
International Labour
Organization (ILO)
Organization of Governments,
Employers and Workers from 181
countries
Mandate to promote social justice
through decent work as a matter of
respect for individual dignity
economic and social development
international peace and stability
3
ILO’s Decent Work agenda
Decent work = work which does not
only provide men or women a pass-
time and a short-term livelihood, but
also
rights, i.e. the power to choose and
negotiate accordingly
protection against the uncertainties of
(working) life for workers and their
families
participation in the workplace and the
wider community
4
Decent Work Strategic Objectives
To promote and realize fundamental
principles and rights at work
To create greater opportunities for
women and men to secure decent
employment and income
To enhance the coverage and
effectiveness of social protection for
all
To strengthen tripartism & social
dialogue
5
ILO - ITUC Relationship
ILO is an international forum for G, E & W
- ITUC gives a voice to Workers
ITUC is a consultative organization of the
ILO, as is
the World Federation of Trade Unions (WFTU)
the Organization of African Trade Union Unity
(OATUU)
the European Trade Union Council (ETUC)
the International Organization of Employers
(IOE)
6
ILO - ITUC Relationship
Where independent trade unions are
absent or weak, ITUC plays an
important role in bringing
representations or complaints
information on the application of
ratified Conventions
ITUC may endorse information from
NGOs such as Anti-Slavery
International or the Global March
7
ILO means of action
Setting and supervising the
application of international labour
standards
Providing technical cooperation to
developing countries
Collecting and disseminating
information (knowledge)
8
Part II
International Labour
Standards
9
International Labour Standards
Conventions Recommendations
(Protocols) Not open to
States must consider ratification
ratification, but do not Same authority as
have to ratify Conventions
If ratified, they are Contain good
binding under practices, guidelines,
international law higher standards or
ILO does not accept advice directly
reservations addressed to W & E
If not ratified, they organizations
still do influence
national law & policy
10
International Labour Standards
Since 1919, the International Labour
Organization has adopted 188
Conventions, 199 Recommendations and 5
Protocols
fundamental human rights at work
occupational safety and health
social security
employment policy
...
Governing Body has extensively reviewed
the relevance of the all ILS since 1995
11
ILO Conventions in Asia Pacific
Ratification average at about 66 % of
world average, 40 % of OECD average
60 – 40 – 24 - 15
East Asia ratifications significantly
lower than in the rest of Asia
Many countries start to ratify again
after long periods of « drought »
Ratification record dominated by older
technical Conventions, but FHR
Conventions are on the rise
12
Governing Body Revision Policy
Up to date : 79 C (+ 5 P), 79 R
To be revised : 22 C, 14 R
Outdated (including withdrawn,
replaced or shelved instruments): 60
C, 69 R
Requests for info : 5 C, 12 R
Interim status : 24 C, 26 R
No conclusion : 1 C, 1 R
13
ILO : Organizational Structure
International Labour Conference
Tripartite « world assembly » of labour
(1 E + 2 G + 1 W) x 181
Adopts Conventions and Recommendations
Governing Body of the IL Office
Tripartite executive council
14 E + 28 G (10) + 14 W
Sets agenda of the Conference
International Labour Office
Secretariat, headed by a Director-General
14
IL Standards Terminology
Adoption (= creation)
Submission to the competent
authorities (= dissemination and
orientation)
Ratification (= commitment)
Denunciation (= cancelling
commitment)
Application (= law and practice)
Supervision (= monitoring application
by ILO)
15
16
17
18
19
20
Submission : what is it ?
to bring newly adopted Conventions
and Recommendations before the
national authorities competent to
legislate or take other action to give
effect to the C. & R.
Government must send Report of
Submission to the ILO
Copy of government’s report must be
sent to most representative workers'
and employers' organizations
21
Submission : why ?
obtaining a decision from the competent
authorities on action to take
submission must be accompanied by a statement
of the government's view
(C. 144 = consultation !)
legislature should hold debate
informing and mobilizing public opinion,
thus submission to the legislative assembly
even when
this assembly is not vested with legislative
power or
the instrument does not require legislative
action
22
Submission : when ?
DG sends a certified copy of the authentic
text of the instruments to the Government
labour and/or foreign affairs ministers
submission within 12 or, in exceptional
circumstances, 18 months of adoption for
unitary states
federal states that consider the Convention or
Recommendation appropriate for federal action
submission within 18 months for federal
states if constituent states are competent
to deal with the matter
23
Art. 19 Reports : Features
in respect of unratified Conv’s &
Recom’s, by topic
every year the ILO Governing Body
selects a different subject matter
follows a report form from the GB
Gov’t reports due by 1 April of the
year for which the GB has requested
the report
Committee of Experts analyses reports
with comments in a “General Survey” 24
Art. 19 Reports : Purpose
to document comparative law and
practice on a topic of current interest
to renew interest in an important, but
forgotten standard
to identify obstacles to ratification
e.g. verify if certain provisions are too
prescriptive
to establish need for renewed
promotion or revision of the
instruments concerned 25
Art. 19 Reports : Topics
2002 - Protection of Wages C., 1949 (No. 95)
2003 - Employment Policy C., 1964 (No. 122) & R.
122, 169 & 189 (Job Creation in SMEs)
2004 - Hours of Work (Industry) C., 1919 (No. 1) &
the Hours of Work (Commerce and Offices) C.,
1930 (No. 30)
2005 – Labour Inspection C., 1947 (No. 81) &
Labour Inspection C., 1969 (No. 129)
2006 – Forced Labour C., 1930 (No. 29) &
Abolition of Forced Labour C., 1957 (No. 105)
2007 – Labour Clauses (Public Contracts), 1949
(No. 94)
2008 – Occupational Safety and Health C., 1981
(No. 155)
26
Ratification
Formal requirements: must clearly identify
the Convention, be an original document,
signed by a person with authority to engage
the State, and clearly convey the intention
to be bound
Compulsory declaration to be included for
certain Conventions
Optional declarations as to the use of
permitted exclusions, exceptions or
modifications
Entry into force: one year after
ratification is registered
27
Reports - Ratified Conventions
Based on article 22 of the
Constitution
Periodic reports:
Two-yearly reports: 8 fundamental
Conventions, 4 priority ones
Five-yearly reports: other Conventions
Exemption from reporting for certain
outdated Conventions
Must reach the Office between 1 June
and 1 September
28
Reports - Ratified Conventions
First report due one year after the
entry into force
form approved by the Governing Body
Copies of relevant laws and regulations
Position on permitted exclusions,
exceptions or Detailed report
Must reply to all questions set out in the
report
Information on application in practice
29
Reports - Ratified Conventions
Subsequent reports
Simplified: indicate minor changes,
provides information on practical
application
Detailed: in reply to comments made by
the CEACR – can be out of reporting cycle
in case of failure to report or to reply to
earlier comments (« footnote » of the
CEACR or the Conference Committee)
30
Representation (art 24 Const’n)
Can be filed by national or
international organizations of workers
or employers
examination
by a tripartite committee (3 members),
reporting to the Governing Body (GB) on
the basis of written information
representation
reply, if any, of the Government
31
Art. 24 Procedure
(1) Office informs the Government and
sends the representation to the GB
(2) Officers of the GB report to the GB on
fulfilment of conditions of receivability
writing
workers’ or employers’ organization
reference to art. 24 ILO Constitution
against an ILO member State...
(and ex-member State)
...that has ratified the Convention
indication of violation of the Convention
32
Art. 24 Procedure
(3) tripartite Committee with GB members
OR reference to the Committee on
Freedom of Association
(4) tripartite committee conducts private
examination, and proposes to the GB
conclusions and recommendations, but
committee may hear complainant
government may request
to be heard
direct contacts
33
Art. 24 Procedure
(5) GB considers the matter in private in
the presence of the Government
(6) GB decides on whether to publish the
representation and the reply, if any, in the
Official Bulletin
GB can at any moment decide to have the
representation further examined under the
complaints procedure
e.g. C. 111 - Germany
(7) Office notifies the decisions of the GB
to the Government and the complainant
34
Complaint (art. 26 ILO Const’n)
Can be filed by
(1) another ratifying Member State
(2) a delegate to the Conference,
representing workers or employers
(3) the Governing Body
Examination by Commission of Inquiry
members are appointed by the Governing
Body in their personal capacity (not
necessarily tripartite)
35
Complaint (art. 26 ILO Const’n)
basis CoI establishes its own procedure
(evidence, hearing, local visits)
result
(a) report published with recommendations (R)
(b) gov’t accepts (R) or government does not
accept (R) within 3 months
= International Court of Justice
(c) gov’t does not comply with (R)
= any “appropriate measures” proposed by GB
36
Committee on Freedom of
Association of GB
Set up in 1951
originally to examine complaints for
referral to Fact-Finding & Conciliation
Committee
but involved without consent of States
it began examining the substance of
cases
composition : tripartite - 9 Governing
Body members
meeting : 3 reports a year
37
Committee on Freedom of
Association of GB
examines
documentary evidence from complaints
and replies
sometimes "direct contacts"
scope of action
38
CFA - Receivability
which organizations ?
national with direct interest
international with consultative status (IOE, ICFTU,
OATUU, WCL, WFTU, ETUC)
international for directly affiliated
NO RATIFICATION REQUIRED
specific infringements, no purely political
allegations
no exhaustion of national procedures required
not bound by national recognition of “unions”
not bound by withdrawal of complaint
39
CFA – Scope of Action
no general conclusions
no interpretation of Conventions
no conviction of Governments or
levelling of charges
recommendations, to be approved by
the Governing Body
no call for further examination
interim or definitive conclusions
request to keep informed of progress on
specific issues
40
Involvement of Employers’ and
Workers’ Organizations
Constitutional obligation of the Gov’t
to communicate copies of information
and reports sent to the ILO to the
most representative organizations
(article 23, paragraph 2, of the ILO
Constitution)
Allows these organizations to
transmit their own views, to the
Government or to the ILO
41
Involvement of Employers’ and
Workers’ Organizations
Under Convention No. 144, obligation to
consult these organizations on:
Replies to questionnaire and comments on
proposed new instruments
Submission of instruments to competent
authorities
Re-examination of unratified Conventions and
Recommendations
Reports on ratified Conventions
(according to Recommendation No. 152, on reports on
unratified Conventions and Recommendations as well)
Proposals for denunciation of Conventions
42
Involvement of Employers’ and
Workers’ Organizations
Any organization of employers or workers
(not only the most representative ones) can
make comments on the application of
ratified Conventions
At any time
Whether they have been consulted on the
Government’s report or not
Without any formal requirements (just indicate
the Convention dealt with), by a letter to the
Director General of the ILO
43
Involvement of Employers’ and
Workers’ Organizations
When organizations make comments
on the application of ratified
Conventions, these comments are
Transmitted to the Government, which is
asked to provide its own views
Submitted to the CEACR
Mentioned in the report and often
reflected in the comments of the CEACR
44
Part III
The ILO Declaration on
Fundamental Principles and
Rights at Work (1998) &
ILO Fundamental Human Rights
Conventions
45
Declaration : Politics ?
Builds on Berlin, Marrakesh, Copenhagen
and Singapore
Reaffirms the constitutional value of ILO
FPR in the context of the global economy
Does not change international labour
standards (ILS), but affirms the pivotal
role of FPR in the promotion of ILS
Establishes an official dialogue on FPR
channel in the absence of ratification
Mobilizes resources in support of FPR
46
Declaration : economics ?
“Economic growth is essential but not sufficient
to ensure equity, social progress and the
eradication of poverty”
“In seeking to maintain the link between social
progress and economic growth, the guarantee of
fundamental principles and rights at work is of
particular significance in that it enables the
persons concerned to claim freely and on the
basis of equality of opportunity their fair share
of the wealth which they have helped to
generate, and to achieve fully their human
potential”
47
Declaration and Constitution
All ILO Member States have an
obligation to respect, promote and
realize the fundamental principles
and rights.
This obligation derives
from the ILO Constitution,
which countries accept when
they join the Organization.
48
The Declaration and
Follow-up: Key Features
Is promotional in nature
My
Is NOT to be used for
Country
protectionist purposes, nor to
question comparative advantage of
countries (para. 5 of the Declaration)
Supports member States in their
efforts to realize principles & rights
49
4 Categories of Fundamental
Principles and Rights at Work
Freedom of association and effective
recognition of the right to collective
bargaining
Elimination of all forms of forced
or compulsory labour
Effective abolition of child labour
Elimination of discrimination in
respect of employment and occupation
50
Part IV
ILO Fundamental
Conventions
51
As of 1 September 2007 / ILO:181 Member States
Year No. Official Title Ratifications
1930 29 Forced labour (172)
1948 87 Freedom of Association and Protection
of the Right to Organise (148)
1949 98 Right to Organise and Collective
Bargaining (158)
1951 100 Equal Remuneration (164)
1957 105 Abolition of Forced Labour (170)
1958 111 Discrimination (Employment (166)
& Occupation)
1973 138 Minimum Age (150)
1999 182 Worst Forms of Child Labour (165)
52
29 87 98 100 111 105 138 182
Brunei
Cambodia 1969 1999 1999 1999 1999 1999 1999 2006
Indonesia 1950 1998 1957 1958 1999 1999 1999 2000
Lao PDR 1964 2005 2005
Malaysia 1957 1961 1997 x 1997 2000
Myanmar 1955 1955
Philippines 2005 1953 1953 1960 1953 1960 1998 2000
Singapore 1965 1965 2002 x 2005 2001
Thailand 1969 1999 1969 2004 2001
Viet Nam 2007 1997 1997 2003 2000
53
29 87 98 100 111 105 138 182
China 1990 2006 1999 2002
(1919 / 25)
RoKorea 1997 1998 1999 2001
(1991 / 22)
Japan 1932 1965 1953 1967 2000 2001
(1919 / 48)
US 1991 1999
(1934 / 14)
Canada 1972 1972 1964 1959 2000
(1919 / 30)
54
Ratification FHR Conv. in AP
Ratification of all 8 FHRC consistently
well below world average, although
> 50 % of ratifications since 1995
25 % child labour, starting 1997
Freedom of association & CB
Conventions lag behind, in particular in
terms of population (China, India, Viet
Nam, Thailand, IR Iran, RoKorea…)
Forced labour Conventions lag behind in
transition economies
55
Freedom of Association C. 87
E & W should be free
to defend and further their interests through
independent organizations
to select the type of organization they think is
appropriate
to elect their representatives
to join national / international federations
not to see their organizations dissolved than by an
independent judicial authority
to have their organizations protected against an
arbitrary application of law and order
to organize the activities of their organizations
(including going on strike)
56
Collective bargaining C. 98
the law must protect workers against acts
of anti-union discrimination by employers
the law must protect workers against acts
of interference by employers
the Government must operate machinery to
ensure that the law protecting workers
against anti-union discrimination is
complied with
the Government must promote collective
bargaining to determine terms and
conditions of work
57
Collective bargaining C. 98
States must promote voluntary collective
bargaining between employers and workers as a
means of regulating terms & conditions of
employment through collective agreements
Bargaining (« the market ») not legislating (« the
Government ») is the proper way of determining
price and contents of labour
Collective bargaining must be preferred over
individual bargaining if workers so want
Further standards are laid down in the Collective
Bargaining Convention (No. 154), 1981
58
Forced Labour C. 29
Defined in C. 29, identical for C. 29 / C.
105
does not cover one specific situation, but a
qualitative characteristic of potentially every
working (or even non-working) relationship
Contains three elements
“all work or service …
… which is exacted from any person under the
menace of any penalty …
… and for which the said person has not
offered himself voluntarily”
59
Is NOT Forced Labour (C. 29)
compulsory military service for work
of a purely military character
minor communal services
normal civic obligations
prison labour : work or service
exacted as a consequence of a
conviction in a court of law (provided
…)
emergency
60
No Forced Labour, never (C. 105)
Forced labour for political “mainstreaming”
Forced labour for purposes of economic
development
“as a means of labour discipline”
“as a punishment for having participated in a
strike”
“as a means of racial, social, national or
religious discrimination”
61
Equal Remuneration C. 100
1. To bring member States to
promote and to ensure equal
remuneration for men and women
workers for work of equal value
2. To promote acceptance that the
contents of the job, and not the sex
of the worker, is the correct basis
for the calculation and payment of
remuneration
62
Equal Remuneration C. 100
C. 100 requires action &
acknowledgement
that indirect and direct discrimination
does occur against women,
that discrimination must be eliminated,
and that the correction entails an
analysis of pay systems and
establishment of corrective mechanisms
63
Equality at Work C. 111
States must declare & pursue a national policy designed to
promote equality of opportunity & treatment in employment &
occupation
Promoting equality at work means promoting that people can fully
develop their “human capital”, can allocate that capital where
return is the highest, and that they effectively get that return
without interference of criteria irrelevant to potential or
performance (e.g. sex, religion …)
Employment & occupation essentially means the sphere of
economic activity
access to vocational training
access to credit
access to employment or occupation
conditions of employment
remuneration for work of equal value
career progression in accordance with experience, ability
job security
64
Equality at Work C. 111
C. 111 specifically requires national law to prohibit
discrimination based on race, colour, sex, religion,
political opinion, national extraction or social origin
Discrimination is not any distinction, exclusion or
preference based on
inherent requirements of the job
justifiable suspicion of activities threatening the
security of the State (provided the suspect can defend
him or herself)
special measures of protection or assistance provided for
in other Conventions
“affirmative” measures for persons who, for reasons such
as sex, age, disablement, family responsibilities or social
or cultural status, are generally recognised to require
special protection or assistance
65
Minimum Age System C. 138
Commitment towards gradual, but total
elimination of child labour
Enactment & enforcement of a legal system
of minimum ages from which onwards
children may be admitted to work
System must be harmonized with the end of
compulsory schooling
3 benchmark minimum ages
General
Light Work
Hazardous Work
66
C. 138 – Minimum Ages
Hazardous
General Minimum Age Light Work
Work
(Article 2) (Article 7)
(Article 3)
End of 18
compulsory
Normally 13 (16 as an
schooling
(minimum 15) exception)
18
Developing
14 12 (16 as an
Countries
exception)
67
Priority for Worst Forms C. 182
Give priority to the prohibition & elimination of the
worst forms of child labour
slave-like work (including trafficking)
sexual exploitation
illicit activities (e.g. drugs trafficking)
hazardous work (to be determined)
Action must include
monitoring mechanisms (e.g. data collection)
programmes of action
time-bound measures in three categories
prevention
withdrawal
rehabilitation
special attention for girls & the vulnerable (e.g. ethnic
minorities)
international cooperation 68
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