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THE INTERNATIONAL LABOUR STANDARDS SYSTEM: CHARACTERISTICS AND PROCEDURES

Economic and Financial Analysis of Enterprises for Strengthening Sectoral and Enterprise Collective Bargaining. THE INTERNATIONAL LABOUR STANDARDS SYSTEM: CHARACTERISTICS AND PROCEDURES. Turin, 23 March 2004. INTERNATIONAL LABOUR ORGANIZATION. was created in 1919.

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THE INTERNATIONAL LABOUR STANDARDS SYSTEM: CHARACTERISTICS AND PROCEDURES

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  1. Economic and Financial Analysis of Enterprises for Strengthening Sectoral and Enterprise Collective Bargaining THE INTERNATIONAL LABOUR STANDARDS SYSTEM: CHARACTERISTICS AND PROCEDURES Turin, 23 March 2004

  2. INTERNATIONAL LABOUR ORGANIZATION • was created in 1919 • is a United Nations specialised agency • has 177 member States • is the only worldwide organization founded on a tripartite structure

  3. PRINCIPLE OF TRIPARTISM • means active interaction among the governments, workers and employers as representative, equal and independent social partners • the tripartite structure of the ILO enables the representatives of workers and employers to participate on an equal footing with those of governments in all discussions and decision-making

  4. ILO STRUCTURE International Labour Conference 4 delegates per member States 1 workers’ delegate 2 governments delegates 1 employers’ delegate Governing Body 14 workers’ representatives 28 governments representatives 14 employers’ representatives International Labour Office

  5. ILO MEANS OF ACTION standard-setting activities • elaboration and adoption of international labour standards • supervision of member States application of international labour standards technical cooperation • promotion of the objectives established by international labour standards research and information

  6. ILO STRATEGIC OBJECTIVES • standards and fundamental principles and rights at work • employment • social protection • social dialogue

  7. FIELDS COVERED BY ILS • Basic human rights • Employment • Social policy • Labour administration • Industrial relations • Conditions of work • Social security • Employment of women • Employment of children and young persons • Migrant workers • Indigenous and tribal people • Other special categories of workers

  8. ILS FORMS Conventions • are international treaties • when ratified, are legally binding • if not ratified, could represent legal objectives and influence national legislation • are technical or promotional • 185 Conventions (as of today) Recommandations • are not open to ratification • are not legally binding • provide guidelines on national policy and practice • 194 Recommendations (as of today)

  9. ILS CHARACTERISTICS • universality • flexibility • tripartism • adaptability • realism

  10. ILO FUNDAMENTAL CONVENTIONS • Freedom of Association and Protection of the Right to Organise Convention , 1948 (No. 87) • Right to Organise and Collective Bargaining Convention, 1949 (No. 98) • Forced Labour Convention, 1930 (No. 29) • Abolition of Forced Labour Convention, 1957 (No. 105) • Equal Remuneration Convention, 1951 (No. 100) • Discrimination (Employment and Occupation) Convention, 1958 (No. 111) • Minimum Age Convention, 1973 (No. 138) • Worst Forms of Child Labour Convention, 1999 (No. 182)

  11. DOUBLE-DISCUSSION PROCEDURE Suggestions from Gvts, Workers, Employers, ILO Office, UN Agencies, etc. Participation Governing Body ILO Office I Report Governments Consultation ILO Office II Report Governments Consultation Tripartite Conference Committee FIRST DISCUSSION Participation ILO Office III Report Governments Consultation ILO Office IV Report Governments Consultation Tripartite Conference Committee SECOND DISCUSSION Participation Conference Plenary ADOPTION Participation

  12. SUBMISSION • obligation to submit all Conventions and Recommendations to the competent national authorities, in the 12 months or, exceptionally, 18 months following the adoption Article 19 of the ILO Constitution • obligation to inform the Director-General on the measures taken to submit the instruments Article 19, paragraphs 5, 6 and 7 of the ILO Constitution • obligation to send copies of the information on submission to the most representative workers’ and employers’ organizations Article 23, paragraph 2 of the ILO Constitution

  13. RATIFICATION • is the formal commitment by a member State to be bound by the provisions of a Convention under international law • is apolitical decision • cannot involve reservations • consequences: 1.implementation of the Convention, both in law and in practice 2.exposure to supervisory mechanisms

  14. ILO SUPERVISORY MECHANISMS regular system of supervision • is based on the ratification of a Convention and a reporting obligation on the measures taken to give effect to its provisions special systems of supervision • involve cases of specific allegations against a member State

  15. REGULAR SYSTEM OF SUPERVISION • obligation to submit reports on the measures taken to give effect to the provisions of a ratified Convention, both in law and practice Article 22 of the ILO Constitution • obligation to send copies of the reports on ratified Conventions to the most representative workers’ and employers’ organizations Article 23, paragraph 2 of the ILO Constitution

  16. PERIODICITY every 2 years for fundamental and priority Conventions • Freedom of Association and Protection of the Right to Organise Convention , 1948 (No. 87) • Right to Organise and Collective Bargaining Convention, 1949 (No. 98) • Forced Labour Convention, 1930 (No. 29) • Abolition of Forced Labour Convention, 1957 (No. 105) • Equal Remuneration Convention, 1951 (No. 100) • Discrimination (Employment and Occupation) Convention, 1958 (No. 111) • Minimum Age Convention, 1973 (No. 138) • Worst Forms of Child Labour Convention, 1999 (No. 182) • EmploymentPolicyConvention, 1964 (No. 122) • Labour Inspection Convention, 1947 (No. 81) • Labour Inspection (Agriculture) Convention, 1969 (No. 129) • Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) every 5 years for other Conventions

  17. COMMITTEE OF EXPERTS ON THE APPLICATION OF CONVENTIONS AND RECOMMENDATIONS 20 persons • with eminent qualifications in the legal or social fields • appointed by the Governing Body upon proposal made by the Director-General • appointed for 3 year term, being renewable • independent, impartial and objectives characteristics • decisions taken unanimously, although majority required • sittings held in private • documentary evidence

  18. TRIPARTITE CONFERENCE COMMITTE ON THE APPLICATION OF STANDARDS usually well over 150 members • from the three groups of delegates and advisers characteristics • specially established to examine and discuss the CEACR’s Report • decisions taken by consensus, although voting is required • provides opportunity for direct international dialogue on the implementation of international labour standards

  19. PROCEDURE Governments’ information and reports Social partners’ comments 1st June – 1st September INTERNATIONAL LABOUR OFFICE COMMITTEE OF EXPERTS THE APPLICATION OF CONVENTIONS AND RECOMMENDATIONS November & December Direct requests sent to the government and the social partners in the country concerned February Observations published in its Report March CONFERENCE COMMITTEE ON THE APPLICATION STANDARDS June Report submitted to the plenary sitting of the INTERNATIONAL LABOUR CONFERENCE June

  20. SPECIAL SYSTEMS OF SUPERVISION 1. representations under Article 24 of the ILO Constitution 2. complaints under Article 26 of the ILO Constitution • both require that the Convention concerned be ratified 3. freedom of association procedure • allegations may be brought against member States even if they have not ratified the Convention concerned

  21. REPRESENTATION (ART. 24) In order to be receivable, the representation must: • be in writing • emanate from an industrial organization of workers or employers • 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

  22. REPRESENTATION PROCEDURE (ART. 24) Workers’ or employers’ organization INTERNATIONAL LABOUR OFFICE COMMITTEE ON FOA if the representation Involves FOA GOVERNING BODY decides on receivability TRIPARTITE AD HOC COMMITTEE report with conclusions and recommendations GOVERNING BODY examines the report and deliberates decides whether to publish the representation and any government reply the decision is communicated to the organization and government concerned

  23. COMPLAINT PROCEDURE (ART. 26) Any ratifying member State Governing Body International Labour Conference delegate GOVERNING BODY COMMISSION OF INQUIRY report including conclusions and recommendations GOVERNING BODY if the government implements the recommendations if the government does not accepts the recommendations CEACR follows up on the implementation of the recommendations may refer the complaint to the CIJ for a final decision

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