The International Labour Organization (ILO)

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The International Labour Organization (ILO)

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Title: The International Labour Organization (ILO)

1
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

2
Part IThe International Labour Organization
3
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

4
ILOs 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

5
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

6
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)

7
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

8
ILO means of action

Setting and supervising the application of
international labour standards
Providing technical cooperation to developing
countries
Collecting and disseminating information
(knowledge)

9
Part IIInternational Labour Standards
10
International Labour Standards

Recommendations
Not open to ratification
Same authority as Conventions
Contain good practices, guidelines, higher
standards or advice directly addressed to W E
organizations

Conventions (Protocols)
States must consider ratification, but do not
have to ratify
If ratified, they are binding under international
law
ILO does not accept reservations
If not ratified, they still do influence national
law policy

11
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

12
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

13
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

14
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

15
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)

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21
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 governments report must be sent to most
representative workers' and employers'
organizations

22
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

23
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

24
Art. 19 Reports Features

in respect of unratified Convs Recoms, by
topic
every year the ILO Governing Body selects a
different subject matter
follows a report form from the GB
Govt 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

25
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

26
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)

27
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

28
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

29
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

30
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)

31
Representation (art 24 Constn)

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

32
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

33
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

34
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

35
Complaint (art. 26 ILO Constn)

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)

36
Complaint (art. 26 ILO Constn)

basis CoI establishes its own procedure
(evidence, hearing, local visits)
result
(a) report published with recommendations (R)
(b) govt accepts (R) or government does not
accept (R) within 3 months
International Court of Justice
(c) govt does not comply with (R)
any appropriate measures proposed by GB

37
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

38
Committee on Freedom of Association of GB

examines
documentary evidence from complaints and replies
sometimes "direct contacts"
scope of action

39
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

40
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

41
Involvement of Employers and Workers
Organizations

Constitutional obligation of the Govt 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

42
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

43
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
Governments report or not
Without any formal requirements (just indicate
the Convention dealt with), by a letter to the
Director General of the ILO

44
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

45
Part IIIThe ILO Declaration on Fundamental
Principles and Rights at Work (1998) ILO
Fundamental Human Rights Conventions
46
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

47
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

48
Declaration and Constitution

All ILO Member States have an obligation to
respect, promote and realize the fundamental
principlesand rights.
This obligation derives from the ILO
Constitution,which countries accept whenthey
join the Organization.

49
The Declaration andFollow-up Key Features
50
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 forcedor compulsory
labour
Effective abolition of child labour
Elimination of discrimination inrespect of
employment and occupation

51
Part IVILO Fundamental Conventions
52
As of 1 September 2007 / ILO181 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)
53
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
54
29 87 98 100 111 105 138 182
China (1919 / 25) 1990 2006 1999 2002
RoKorea (1991 / 22) 1997 1998 1999 2001
Japan (1919 / 48) 1932 1965 1953 1967 2000 2001
US (1934 / 14) 1991 1999
Canada (1919 / 30) 1972 1972 1964 1959 2000
55
Ratification FHR Conv. in AP

Ratification of all 8 FHRC consistently well
below world average, although
gt 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

56
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)

57
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

58
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

59
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

60
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

61
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

62
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

63
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

64
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

65
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

66
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

67
C. 138 Minimum Ages
General Minimum Age (Article 2) General Minimum Age (Article 2) Light Work (Article 7) HazardousWork (Article 3)
Normally End of compulsory schooling (minimum 15) 13 18 (16 as an exception)
Developing Countries 14 12 18 (16 as an exception)
68
Priority for Worst Forms C. 182