ILS/FPR PROGRAMME, ITC ILO TURIN THE INTERNATIONAL LABOUR STANDARDS (ILS) SYSTEM A GENERAL...

ILS/FPR PROGRAMME , ITC ILO TURINILS/FPR PROGRAMME , ITC ILO TURIN

THE INTERNATIONAL THE INTERNATIONAL

LABOUR STANDARDS LABOUR STANDARDS

(ILS) SYSTEM(ILS) SYSTEM

A GENERAL INTRODUCTION A GENERAL INTRODUCTION FOR FOR

TRADE UNIONSTRADE UNIONS


Forced labour

Freedom of association, collective

bargaining and industrial relations

Equality of opportunity and treatment

Labour administration and inspection

Elimination of child labour and protection

of children and young persons

Tripartite consultation

Employment policy and promotion

SUBJECTS COVERED BY ILSSUBJECTS COVERED BY ILS

Vocational guidance and training

Employment security

Wages

Occupational safety and health

Social security

Working time

Maternity protection

Migrant workers

Seafarers

Fishers

Dockworkers

Indigenous and tribal peoples

Specific categories of workers

Social policy

Any missing subject?


INTERNATIONAL LABOUR STANDARDSINTERNATIONAL LABOUR STANDARDS

are international treaties when ratified, are legally binding if not ratified, could represent legal objectives and influence national legislation 187 Conventions (as of today)

Conventions

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

Do you know other ILO instruments?


Universality

CHARACTERISTICS OF ILSCHARACTERISTICS OF ILS

Flexibility

Tripartism

ILS are to be applied in countries with different social

and economic structures

ILS take into account the needs of all ILO member States

ILS are the fruit of a tripartite consensus


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

ILO FUNDAMENTAL ILO FUNDAMENTAL CONVENTIONSCONVENTIONS

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)

Why have these Conventions been identified as “fundamental”?


HOW ARE ILS ADOPTED?HOW ARE ILS ADOPTED?

Identification of the problem

Item is put on the ILC agenda

Following a «single» or «double» discussion

procedure

Item is discussed at the ILC


Conference Item

Suggestions from governments, workers, employers, ILO Office, UN Agencies, etc.

Participation

Governments Consultation

Governments

Tripartite Conference Committee

FIRST DISCUSSION

Consultation

Participation

Conference PlenaryADOPTION Participation

ILO Office: Final report

ILO Office: Law and practice report

THE SINGLE-DISCUSSION PROCEDURETHE SINGLE-DISCUSSION PROCEDURERole of employers and workers

Governing Body

Governing Body Participation


Governing BodySuggestions from governments, workers, employers, ILO Office, UN Agencies, etc.

Participation


Governments

Tripartite Conference Committee FIRST DISCUSSION

Consultation

Participation

Governments

Tripartite Conference Committee SECOND DISCUSSION

Consultation

Conference PlenaryADOPTION

Participation

Participation


ILO Office: Draft instrument

ILO Office: Final report

ILO Office: Draft conclusions

ILO Office: Law and practice report

THE DOUBLE-DISCUSSION PROCEDURETHE DOUBLE-DISCUSSION PROCEDURE Role of employers and workers

Conference Item

Governing Body

Participation


SUBMISSION OF ILSSUBMISSION 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


RELATED OBLIGATIONSRELATED 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 workersAny experience in the participating organizations?


RATIFICATIONRATIFICATION Is the formal commitment by a member State to

be bound by the provisions of a Convention

under international law

Reservations are not allowed within the ILO

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

What does ratification entail?

Why reservations are not allowed?


ENTRY INTO FORCE OF RATIFIED ENTRY INTO FORCE OF RATIFIED CONVENTIONSCONVENTIONS

“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


DENUNCIATIONDENUNCIATION Is the act whereby a member State may terminate

its obligations under a ratified Convention

“Pure” denunciations, permitted every 10 years

following the initial entry into force of the Convention

Two types

“Automatic” denunciations, result from the ratification

of a Convention revising an earlier one


ILO SUPERVISORY MECHANISMS ILO SUPERVISORY MECHANISMS ON THE APPLICATION OF ILSON 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


REGULAR SYSTEM OF REGULAR SYSTEM OF SUPERVISIONSUPERVISION 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?


Every 2 years for fundamental and priority Conventions

Every 5 years for other 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

C122 Employment Policy, 1964

C144 Tripartite Consultation (International Labour Standards), 1976

C100 Equal Remuneration, 1951 C111 Discrimination (Employment and Occupation), 1958 C138 Minimum Age, 1973 C182 Worst Forms of Child Labour, 1999

C81 Labour Inspection, 1947 C129 Labour Inspection (Agriculture), 1969

PERIODICITY OF REPORTSPERIODICITY OF REPORTS


REPORTING WHEEL SHOWING REPORTING WHEEL SHOWING PERIODICITYPERIODICITY

Author: D. Tajgman


Detailed reports

CONTENT OF REPORTS ON RATIFIED CONTENT OF REPORTS ON RATIFIED CONVENTIONS CONVENTIONS

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

Simplified reports

when important changes occur in the application of the Convention

in all other cases


Consists of 20* persons

THE COMMITTEE OF EXPERTS ON THE THE COMMITTEE OF EXPERTS ON THE APPLICATION OF CONVENTIONS AND APPLICATION OF CONVENTIONS AND

RECOMMENDATIONSRECOMMENDATIONS

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


Consists of well over 150 members

THE CONFERENCE COMMITTEE ON THE CONFERENCE COMMITTEE ON THE APPLICATION OF STANDARDSTHE APPLICATION OF STANDARDS

from the three groups of delegates and advisers

charged with examination and discussion of the

CEACR’ Report


THE REGULAR SUPERVISORY PROCESS ON THE THE REGULAR SUPERVISORY PROCESS ON THE APPLICATION OF ILSAPPLICATION OF ILS

COMMITTEE OF EXPERTS THE APPLICATION OF COMMITTEE OF EXPERTS THE APPLICATION OF CONVENTIONS AND RECOMMENDATIONS (CEACR)CONVENTIONS AND RECOMMENDATIONS (CEACR)

examines reports, comments and related informationexamines reports, comments and related information

Direct requestssent to the government and the social

partners in the country concerned

TRIPARTITE CONFERENCE COMMITTEE ON THE APPLICATION STANDARDSTRIPARTITE CONFERENCE COMMITTEE ON THE APPLICATION STANDARDSexamines the CEACR’ Report and discusses a selection of casesexamines the CEACR’ Report and discusses a selection of cases

INTERNATIONAL LABOUR CONFERENCEINTERNATIONAL LABOUR CONFERENCEdiscusses and adopts the Committee’s Report in plenarydiscusses and adopts the Committee’s Report in plenary

Governments submitreports

1st June – 1st September

June

November &

December

Observationspublished in the CEACR’ Report

Social partners maycomment

INTERNATIONAL LABOUR OFFICEINTERNATIONAL LABOUR OFFICE

March

April


SPECIAL SYSTEMS OF SUPERVISION ON SPECIAL SYSTEMS OF SUPERVISION ON THE APPLICATION OF ILSTHE APPLICATION OF ILS

Representations (Art. 24 of the ILO Constitution)

Complaints (Art. 26 of the ILO Constitution)

Freedom of association procedures

even if the Convention concerned has not been ratified

both require that the Convention concerned be ratified


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

ART. 24 REPRESENTATIONSART. 24 REPRESENTATIONS Who can make a representation?

any local, national or international employers’ or workers’ organization


THE REPRESENTATION PROCEDURETHE REPRESENTATION PROCEDURE

AD HOCAD HOC TRIPARTITETRIPARTITE COMMITTEECOMMITTEEasks the government for information and submits a report with

findings and recommendations

Employers’ or workers’

organization

COMMITTEE ON FOACOMMITTEE ON FOAif the representation

involves FOA

GOVERNING BODYGOVERNING BODYdecides on the receivability and appoints a Tripartite Committee

INTERNATIONAL LABOUR OFFICEINTERNATIONAL LABOUR OFFICEinforms the government concerned and submits

the representation to the GB

Decides whether to publishthe representation and any

government reply

Decision communicated to the organization and government concerned

GOVERNING BODYGOVERNING BODYexamines the report and adopts it


Who can file a complaint?

ART. 26 COMPLAINTSART. 26 COMPLAINTS

Any ratifying member State

The Governing Body ex officio

One or more delegates to the International

Labour Conference (government, employer

or worker delegate)


THE COMPLAINT PROCEDURETHE COMPLAINT PROCEDUREInternational Labour Conference delegateGoverning Body ex officioRatifying Member State

GOVERNING BODYGOVERNING BODYmay appoint a Commission of Inquiry (COI)

COMMISSION OF INQUIRYCOMMISSION OF INQUIRYinvestigates the complaint and prepares a report with findings and recommendations

GOVERNING BODYGOVERNING BODYnotes the report

If the government accepts the recommendations

If the government does not accept the recommendations

CEACRCEACRfollows up on their implementation

may appeal to theICJICJ

for final decision

GBGB may take actionunder Art. 33 of

the ILO Constitution

Member States must cooperate

with the COI


THANK YOU FOR THANK YOU FOR

YOUR YOUR

ATTENTION!ATTENTION!

ILS/FPR Programme e-mail:ILS/FPR Programme e-mail:

[email protected]

mailto:[email protected]

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