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THE INTERNATIONAL LABOUR STANDARDS (ILS) SYSTEM A GENERAL INTRODUCTION FOR TRADE UNIONS. SUBJECTS COVERED BY ILS. Freedom of association, collective bargaining and industrial relations. Wages. Working time. Occupational safety and health. Forced labour.

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slide1

THE INTERNATIONAL

LABOUR STANDARDS

(ILS) SYSTEM

A GENERAL INTRODUCTION FOR

TRADE UNIONS

slide2

SUBJECTS COVERED BY ILS

  • Freedom of association, collective

bargaining and industrial relations

  • Wages
  • Working time
  • Occupational safety and health
  • Forced labour
  • Elimination of child labour and protection

of children and young persons

  • Social security
  • Maternity protection
  • Equality of opportunity and treatment
  • Migrant workers

Any missing subject?

  • Seafarers
  • Tripartite consultation
  • Labour administration and inspection
  • Fishers
  • Employment policy and promotion
  • Dockworkers
  • Vocational guidance and training
  • Indigenous and tribal peoples
  • Employment security
  • Specific categories of workers
  • Social policy
slide3

INTERNATIONAL LABOUR STANDARDS

  • Conventions

 are international treaties

when ratified, are legally binding

  • if not ratified, could represent legal objectives and influence

national legislation

187 Conventions (as of today)

Do you know other ILO instruments?

  • Recommendations

are not open to ratification

are not legally binding

  • provide general or technical guidelines on national policy

and practice

198 Recommendations (as of today)

  • Protocols
slide4

CHARACTERISTICS OF ILS

  • Universality
  • ILS are to be applied in countries with different social

and economic structures

  • Flexibility
  • ILS take into account the needs of all ILO member States
  • Tripartism
  • ILS are the fruit of a tripartite consensus
slide5

ILO FUNDAMENTAL CONVENTIONS

  • C87 Freedom of Association and Protection of the Right to Organise, 1948
  • C98 Right to Organise and Collective Bargaining, 1949

Why have these Conventions been identified as “fundamental”?

  • C29 Forced Labour, 1930
  • C105 Abolition of Forced Labour, 1957
  • C100 Equal Remuneration, 1951
  • C111 Discrimination (Employment and Occupation), 1958
  • C138 Minimum Age, 1973
  • C182 Worst Forms of Child Labour, 1999

All ILO member States, irrespective of the ratification of these Conventions,

have an obligation to respect, promote and realize the principles they set out

(ILO Declaration on Fundamental Principles and Rights at Work, 1998)

slide6

HOW ARE ILS ADOPTED?

  • Identification of the problem
  • Item is put on the ILC agenda
  • Item is discussed at the ILC
  • Following a «single» or «double» discussion

procedure

slide7

THE SINGLE-DISCUSSION PROCEDURE

Role of employers and workers

Suggestions from governments,

workers, employers, ILO Office,

UN Agencies, etc.

Governing Body

Participation

Conference Item

Governing Body

Participation

ILO Office:

Law and practice report

Governments

Consultation

ILO Office:

Final report

Governments

Consultation

Tripartite Conference Committee

FIRST DISCUSSION

Participation

Conference Plenary

ADOPTION

Participation

slide8

THE DOUBLE-DISCUSSION PROCEDURE

Role of employers and workers

Suggestions from governments,

workers, employers, ILO Office,

UN Agencies, etc.

Governing Body

Participation

Conference Item

Participation

Governing Body

ILO Office:

Law and practice report

Consultation

Governments

ILO Office:

Draft conclusions

Consultation

Governments

Tripartite Conference Committee

FIRST DISCUSSION

Participation

ILO Office:

Draft instrument

Consultation

Governments

ILO Office:

Final report

Consultation

Governments

Tripartite Conference Committee

SECOND DISCUSSION

Participation

Conference Plenary

ADOPTION

Participation

slide9

SUBMISSION OF ILS

  • All newly adopted ILS should be submitted to the

competent national authorities (normally the legislature)

in the 12 or, exceptionally, 18 months following

their adoption

  • To promote the implementation of ILS at national level
  • In the case of Conventions, also to promote their ratification
slide10

RELATED OBLIGATIONS

  • To inform the Director-General of the ILO Office on

measures taken to submit the instruments

  • To send copies of the report to the representative

organizations of employers and workers

Any experience in the participating organizations?

slide11

RATIFICATION

  • Is the formal commitment by a member State to

be bound by the provisions of a Convention

under international law

What does ratification entail?

  • Reservations are not allowed within the ILO

Why reservations are not allowed?

More than 7,400 ratifications have been registered as of today

slide12

ENTRY INTO FORCE OF RATIFIED CONVENTIONS

  • “Initial” entry into force
  • generally, 12 months after registration of

the second ratification

  • Entry into force concerning each ratifying country
  • 12 months after registration of the ratification
slide13

DENUNCIATION

  • Is the act whereby a member State may terminate

its obligations under a ratified Convention

  • Two types
  • “Pure” denunciations, permitted every 10 years

following the initial entry into force of the Convention

  • “Automatic” denunciations, result from the ratification

of a Convention revising an earlier one

slide14

ILO SUPERVISORY MECHANISMS ON THE APPLICATION OF ILS

  • Regular system of supervision
  • involve the submission and examination of

periodic reports on the application of ratified

Conventions

  • Special systems of supervision
  • involve cases of specific allegations of violations

against a member State

slide15

REGULAR SYSTEM OF SUPERVISION

  • Member States have an obligation to submit periodical

reports on the measures taken to give effect to the

provisions of ratified Conventions, both in law and in practice

(Art. 22 ILO Constitution)

  • Employers’ and workers’ organizations may make

any observations they wish on the application of ratified

Conventions

Any experience?

slide16

PERIODICITY OF REPORTS

  • Every 2 years for fundamental and priority Conventions
  • C87 Freedom of Association and Protection of the Right to Organise, 1948
  • C98 Right to Organise and Collective Bargaining, 1949
  • C29 Forced Labour, 1930
  • C105 Abolition of Forced Labour, 1957
  • C100 Equal Remuneration, 1951
  • C111 Discrimination (Employment and Occupation), 1958
  • C138 Minimum Age, 1973
  • C182 Worst Forms of Child Labour, 1999
  • C122 Employment Policy, 1964
  • C81 Labour Inspection, 1947
  • C129 Labour Inspection (Agriculture), 1969
  • C144 Tripartite Consultation (International Labour Standards), 1976
  • Every 5 years for other Conventions
slide18

CONTENT OF REPORTS ON RATIFIED CONVENTIONS

  • Detailed reports
  • the first report after the ratification of the Convention

(1 year after the entry into force)

  • if the CEACR or the Conference expressly ask for

a detailed report

  • when important changes occur in the application of

the Convention

  • Simplified reports
  • in all other cases
slide19

THE COMMITTEE OF EXPERTS ON THE APPLICATION OF CONVENTIONS AND RECOMMENDATIONS

  • Consists of 20* persons
  • with eminent qualifications in the legal field
  • appointed by the Governing Body upon proposal made

by the Director-General

  • appointed for 3 year term, being renewable
  • independent, impartial and objective
slide20

THE CONFERENCE COMMITTEE ON THE APPLICATION OF STANDARDS

  • Consists of well over 150 members
  • from the three groups of delegates and advisers
  • charged with examination and discussion of the

CEACR’ Report

slide21

THE REGULAR SUPERVISORY PROCESS ON THE APPLICATION OF ILS

Governments submit

reports

Social partners may

comment

1st June – 1st September

INTERNATIONAL LABOUR OFFICE

November

&

December

COMMITTEE OF EXPERTS THE APPLICATION OF

CONVENTIONS AND RECOMMENDATIONS (CEACR)

examines reports, comments and related information

Observations

published in the CEACR’ Report

March

Direct requests

sent to the government and the social

partners in the country concerned

April

TRIPARTITE CONFERENCE COMMITTEE ON THE APPLICATION STANDARDS

examines the CEACR’ Report and discusses a selection of cases

June

INTERNATIONAL LABOUR CONFERENCE

discusses and adopts the Committee’s Report in plenary

slide22

SPECIAL SYSTEMS OF SUPERVISION ON THE APPLICATION OF ILS

  • Representations (Art. 24 of the ILO Constitution)
  • Complaints (Art. 26 of the ILO Constitution)
  • both require that the Convention concerned be ratified
  • Freedom of association procedures
  • even if the Convention concerned has not been ratified
slide23

ART. 24 REPRESENTATIONS

  • Who can make a representation?
  • any local, national or international employers’ or workers’ organization
  • In order to be receivable, the representation must:
  • be in writing
  • emanate from an organization of employers or workers
  • specifically refer to Article 24 of the ILO Constitution
  • concern a member of the ILO
  • refer to a ratified Convention
  • indicate in what respect the member has not ensured the effective

observance of the Convention within its jurisdiction

slide24

THE REPRESENTATION PROCEDURE

INTERNATIONAL LABOUR OFFICE

informs the government concerned and submits

the representation to the GB

Employers’ or

workers’

organization

GOVERNING BODY

decides on the receivability and

appoints a Tripartite Committee

COMMITTEE ON FOA

if the representation

involves FOA

AD HOCTRIPARTITECOMMITTEE

asks the government for information and submits a report with

findings and recommendations

Decides whether to publish

the representation and any

government reply

GOVERNING BODY

examines the report and adopts it

Decision communicated to the organization and government concerned

slide25

ART. 26 COMPLAINTS

  • Who can file a complaint?
  • Any ratifying member State
  • The Governing Body ex officio
  • One or more delegates to the International

Labour Conference (government, employer

or worker delegate)

slide26

THE COMPLAINT PROCEDURE

Ratifying Member State

Governing Body ex officio

International Labour

Conference delegate

GOVERNING BODY

may appoint a Commission of Inquiry (COI)

COMMISSION OF INQUIRY

investigates the complaint and prepares a

report with findings and recommendations

Member States must cooperate with the COI

GOVERNING BODY

notes the report

If the government accepts

the recommendations

If the government does not accept

the recommendations

CEACR

follows up on their implementation

may appeal to the

ICJ

for final decision

GB may take action

under Art. 33 of

the ILO Constitution

slide27

THANK YOU FOR

YOUR

ATTENTION!

ILS/FPR Programme e-mail:

normesturin@itcilo.org