The ILO and International Labour Standards

Transcription

1 The ILO and International Labour Standards Turin, 21/02/ International Training Centre of the ILO 1

2 To start with the ILO 1. Creation 2. Mandate 3. Membership 4. Main characteristic 5. Structure 6. Main functions and activities International Training Centre of the ILO 2

3 The ILO in 6 bullet points 1. Founded in 1919, with the Treaty of Versailles (in 1946 became first UN specialized agency) 2. Promotes social justice and decent work for all 3. Universal membership: 185 member States 4. Tripartite organization with governments, employers and workers participating on equal footing in all discussion and decision-making process 5. International Labour Conference + Governing Body + International Labour Office 6. Standard-setting activities, technical cooperation, research, training, information International Training Centre of the ILO 3

4 To explore the ILS system 1. Reasons for ILS 2. Forms and legal value 3. Work-related subjects covered 4. Main characteristics 5. Elaboration and adoption 6. Supervision 7. Use International Training Centre of the ILO 4

5 What are the reasons for ILS? Improve the living and working conditions of workers Consolidate social peace Equalize conditions for international competition Preamble to the ILO Constitution, International Training Centre of the ILO 5

6 What are ILS? CONVENTIONS International treaties open to ratification When ratified, are legally binding If not ratified, are sources of inspiration Total:189 (77 up-to-date) RECOMMENDATIONS Not open to ratification; not legally binding Can complement Conventions, or be adopted alone Provide guidelines for national policy Total: 202 (82 up-to-date) International Training Centre of the ILO 6

7 ILO Fundamental Conventions FREEDOM OF ASSOCIATION AND COLLECTIVE BARGAINING C87 Freedom of Association and Protection of the Right to Organise, 1948 C98 Right to Organise and Collective Bargaining, 1949 FORCED LABOUR C29 Forced Labour, 1930 C105 Abolition of Forced Labour, 1957 CHILD LABOUR C138 Minimum Age, 1973 C182 Worst Forms of Child Labour, 1999 EQUALITY OF OPPORTUNITY AND TREATMENT C100 Equal Remuneration, 1951 C111 Discrimination (Employment and Occupation), 1958 ILO Declaration on Fundamental Principles and Rights at Work, 1998 All ILO member States, even if they have not ratified one or more fundamental Conventions, have an obligation to respect, promote and realize the fundamental rights and principles at work, because of their membership in the Organization International Training Centre of the ILO 7

8 ILO Governance Conventions LABOUR INSPECTION C81 Labour Inspection, 1947 C129 Labour Inspection (Agriculture), 1969 EMPLOYMENT POLICY C122 Employment Policy, 1964 TRIPARTITE CONSULTATION C144 Tripartite Consultation (International Labour Standards), 1976 ILO Declaration on Social Justice for a Fair Globalization, 2008 These Conventions are significant from the viewpoint of governance International Training Centre of the ILO 8

9 What subjects do ILS cover? Freedom of association, collective bargaining and industrial relations Forced labour Elimination of child labour and protection of children and young persons Equality of opportunity and treatment Tripartite consultation Labour administration and inspection Employment policy and promotion Vocational guidance and training Employment security Social policy Wages Working time Occupational safety and health Social security Maternity protection Migrant workers HIV/AIDS Seafarers Fishers Dockworkers Indigenous and tribal peoples Specific categories of workers International Training Centre of the ILO 9

10 What are the characteristics of ILS? TRIPARTITE Are the fruit of a tripartite consensus MINIMUM Fix a minimum level of protection UNIVERSAL Are set at the world level FLEXIBLE Take into account the needs of all ILO member States International Training Centre of the ILO 10

11 How are ILS created? Problem identified Item put on the ILC Agenda (by GB or ILC with 2/3 majority) Item discussed at the ILC - twice (DOUBLE DISCUSSION) - once (SINGLE DISCUSSION) ILS adopted with a 2/3 majority of delegates present at the ILC - Office prepares reports - Constituents discuss and provide inputs International Training Centre of the ILO 11

12 Ratification of ILO Conventions 1. Is the formal commitment by a member State to be bound by the provisions of the Convention under international law 2. Involves exposure to international control on the implementation in law and in practice Reservations are not allowed Total ratifications registered: 7,863 International Training Centre of the ILO 12

13 How are ILS supervised? REGULAR SUPERVISION Based on periodic reports submitted by member States on measures taken to implement ratified Conventions and to give effect to un-ratified Conventions and Recommendations SPECIAL PROCEDURES Based on specific allegations of violation by a member State (complaint-based) International Training Centre of the ILO 13

14 Regular supervision: elements and bodies Examination of periodic reports on the application, in law and in practice, of each ratified Convention (Art. 22 ILO Constitution); possible participation by social partners with comments (Art. 23 ILO Constitution) PERIODICITY OF REPORTS: 3 years for fundamental and governance Conventions; 5 years for the others (but cycles can be altered!) BODIES INVOLVED: Committee of Experts on the Application of Conventions and Recommendations / CEACR (technical and independent); Conference Committee on the Application of Standards / CAS (tripartite and universal) International Training Centre of the ILO 14

15 Regular supervision procedure GOVERNMENTS SUBMIT REPORTS ON RATIFIED CONVENTIONS EMPLOYERS AND WORKERS MAY COMMENT OR COMMITTEE OF EXPERTS REVIEWS REPORTS, COMMENTS AND RELATED DOCUMENTS COMMITTEE OF EXPERTS SENDS DIRECT REQUEST TO GOVERNMENT, AND EMPLOYERS AND WORKERS ORGANIZATIONS G TRIPARTITE COMMITTEE AT THE CONFERENCE DISCUSSES THE REPORT AND A SELECTION OF OBSERVATIONS OR COMMITTEE OF EXPERTS PUBLISHES AN OBSERVATION IN ITS ANNUAL REPORT CONFERENCE DISCUSSES AND ADOPTS THE CONFERENCE COMMITTEE S REPORT IN PLENARY International Training Centre of the ILO 15

16 Special procedures CONSTITUTIONAL PROCEDURES 1.Representations Arts ILO Constitution 2.Complaints Art. 26 ILO Constitution Of general application For ratified Conventions only FREEDOM OF ASSOCIATION PROCEDURES For infringements of trade union rights only Regardless of ratification International Training Centre of the ILO 16

17 Special procedures: elements and bodies REPRESENTATIONS Submitted by: employers or workers organizations Examined by: Ad hoc Committee (tripartite) COMPLAINTS Submitted by: any Member State that has ratified the Convention, one or more delegates at the ILC, the GB Examined by: Commission of Inquiry (independent) FREEDOM OF ASSOCIATION COMPLAINTS Submitted by: governments, employers or workers organizations Examined by: Committee on Freedom of Association / CFA (tripartite) International Training Centre of the ILO 17

18 Representation procedure REPRESENTATION BY EMPLOYERS OR WORKERS ORGANIZATION IS SUBMITTED TO THE ILO ILO INFORMS THE GOVERNMENT CONCERNED AND SUBMITS REPRESENTATION TO GOVERNING BODY OR OR GOVERNING BODY SENDS REPRESENTATION TO COMMITTEE ON FREEDOM OF ASSOCIATION IF ON FOA GOVERNING BODY APPOINTS TRIPARTITE COMMITTEE GOVERNING BODY DECIDES NOT TO RECEIVE THE REPRESENTATION TRIPARTITE COMMITTEE ASKS GOVERNMENT FOR INFORMATION AND SUBMITS REPORT WITH FIND- INGS AND RECOM- MENDATIONS GOVERNING BODY ADOPTS REPORT, AND PASSES THE CASE TO COMMITTEE OF EXPERTS FOR FOLLOW-UP GOVERNING BODY ASKS FOR A COMMISSION OF INQUIRY TO DEAL WITH THE MATTER AS A COMPLAINT International Training Centre of the ILO 18

19 Complaint procedure MEMBER STATE OR INTERNATIONAL LABOUR CONFERENCE DELEGATE OR GOVERNING BODY INITIATES THE COMPLAINT OR GOVERNING BODY MAY APPOINT A COMMISSION OF INQUIRY COMMISSION OF INQUIRY INVESTIGATES COMPLAINT AND ADOPTS REPORT WITH RECOMMENDATIONS ILO PUBLISHES REPORT GOVERNING BODY FORWARDS COMPLAINTS CON- CERNING TRADE UNION RIGHTS TO COMMITTEE ON FREEDOM OF ASSOCIATION GOVERNING BODY NOTES REPORT AND PASSES CASE TO COMMITTEE OF EXPERTS FOR FOLLOW-UP GOVERNING BODY MAY TAKE ACTION UNDER ARTICLE 33 International Training Centre of the ILO 19

20 Freedom of association procedure DIRECT CONTACTS MISSION MAY BE INITIATED GOVERING BODY ADOPTS THE REPORT FOLLOW-UP BY THE COMMITTEE ON FREEDOM OF ASSOCIATION COMPLAINT IS SUBMITTED TO THE COMMITTEE ON FREEDOM OF ASSOCIATION BY GOVERNMENTS, EMPLOYERS OR WORKERS ORGANIZATIONS G COMMITTEE REVIEWS COMPLAINT AND EITHER RECOMMENDS NO FURTHER ACTION, OR ISSUES RECOMMENDATIONS AND REQUESTS GOVERNMENT TO KEEP IT INFORMED ABOUT IMPLEMENTATION IF THE GOVERNMENT HAS RATIFIED RELEVANT CONVENTIONS, THE CASE MAY ALSO BE REFERRED TO THE COMMITTEE OF EXPERTS FOR FOLLOW-UP International Training Centre of the ILO 20

21 How are ILS used? TRADITIONAL USE BY GOVERNMENTS 1. Models and targets for labour law 2. Guidelines for social policy OTHER TYPES OF USE BY OTHER ACTORS 1. Sources of international law applied at the domestic level by tribunals and courts 2. Corporate social responsibility 3. International framework agreements 4. Free trade agreements 5. International Organizations and NGOs International Training Centre of the ILO 21

22 THANK YOU! Maura Miraglio Programme Officer International Labour Standards, Rights at Work and Gender Equality Programme International Training Centre of the ILO 22