1 / 21

“ Implementing Occupational Safety and Health Standards Globally ”

“ Implementing Occupational Safety and Health Standards Globally ”. The Role of Labour Inspection, Social Partners, Social Security, Practitioners and Non-State Actors International ILO Conference Düsseldorf, Germany 3-6 November 2009 Protection of Vulnerable Groups of Workers.

helki
Télécharger la présentation

“ Implementing Occupational Safety and Health Standards Globally ”

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript


  1. “Implementing Occupational Safety and Health Standards Globally” Duesseldorf - November 2009

  2. The Role of Labour Inspection, Social Partners,Social Security, Practitioners and Non-State ActorsInternational ILO ConferenceDüsseldorf, Germany3-6 November 2009Protection of Vulnerable Groups of Workers Outline of a presentation by W. Frhr. von Richthofen International Consultant on Labour Inspection/Protection Technical Adviser to IALI

  3. General characteristics • Vulnerable groups of workers are often physically, economically, socially, and politically weak • They are poorly organized and not represented • They are often subject to discrimination and abuse • They typically have to work in physical, geographical, social and/or cultural isolation • They are considered to be (more) easily intimidated, manipulated and controlled • In consequence, they are very often the victims of (extreme) exploitation Duesseldorf - November 2009

  4. Obstacles to effective protection • Workers’ protection often restricted to those within legal definition of “worker”, “workplace”, “employee”, or written employment contracts • Or when covered by collective agreements • Certain sectors of economic activity are often excluded in law and/or in practice • The so-called informal sector is rarely covered • Lack of political will impedes protection • Inadequate resources, (or none at all), make effective protection difficult/impossible. Duesseldorf - November 2009

  5. Typical categories of vulnerable workers: • Women workers • Domestic household workers, • Home workers, home-based workers • Young persons and child labourers • Mentally or physically challenged persons • Migrant workers, (both nationals and foreign) • Forced or bonded labour, trafficked persons • Temporary, seasonal, casual, part-time workers • Workers in (chains of) subcontracts • Informal economy workers • Rural workers • Other types of « vulnerable » workers. Duesseldorf - November 2009

  6. Labour inspection issues • Labour inspectorates often do not protect these groups • The Law confines activities to particular types of workers • Usually formal-sector wage-based employment • Physically limited coverage, lack of mobility • Vulnerable workers often isolated, difficult to reach • Activities focus on the organized rather than unorganized • Inspectors do not use Article 3, para 1 ILO C. 81 • Difficulties in developing new strategies, • Inability to strike new partnerships Duesseldorf - November 2009

  7. Legal and practical issues facing inspectors • Workers often work (and live) on the private premises of the employer • Issue: Inviolability of the private home • Access only with the consent of the owner or occupier; therefore, use: • Surprise element of unannounced visit - • Or summon employer to the office; and • Exercise discretion to reach their objectives Duesseldorf - November 2009

  8. Legal and practical issues (ctd.) • Difficulties when interviewing potential victims • Victims often intimidated/threatened • May therefore not tell the truth • Many perceive their alternatives as limited • Inspectors must use tact and powers of persuasion – (but often not trained to do so) • And be completely informed about unfair labour practices and unfair labour indicators Duesseldorf - November 2009

  9. Essential social protection issues to check • Legal/illegal employment • Minimum age • Written contracts of employment • Basic remuneration paid • Payment made at proper intervals • Deductions correctly calculated • All allowances paid • Hours of work, rest periods, and holidays • Overtime not exceeding legal limits and properly authorized and calculated • Social contributions (registration/remittance) Duesseldorf - November 2009

  10. Example: Domestic household workers • Often work alone in the home of their employer • A severe form of isolation main reason for frequent abuse • Mental, physical and sexual • Excessive working hours • Refusal to grant leave • Child labour practices • Non-payment of wages • Deprivation of freedom • Other grave violations of labour (and criminal) law Duesseldorf - November 2009

  11. Possible approaches Access to home/domestic workers through: • Other government (e.g. social) services • Sector-relevant NGOs • Community outreach • Faith-based organisations • Well-planned use of the media to encourage home workers to lodge formal complaints Duesseldorf - November 2009

  12. Law enforcement is a major part of the solution • Impunity for offenders one of the most important reasons why illegal labour practices and exploitation continue • Action requires a broad-based, integrated approach • Rigorous law enforcement is possible • Combined with available prevention and rehabilitation of victims • Multiple actors must work together Duesseldorf - November 2009

  13. Example: Workers in sub-contracting chains (I) Typically found in many sectors, such as: • Construction sector • Repair and maintenance sector • Agriculture, forestry and others Reasons: • Provision of services only as and when needed • Downsizing and outsourcing • Reduction to so-called « core activities » Duesseldorf - November 2009

  14. Workers in sub-contracting chains (II) • One company will take on a certain task • Contract certain parts to other companies • The most hazardous and most difficult work at the end of the sub-contract chain • Regularly done by the least trained • The least qualified for dangerous tasks • Often foreign (illegal) migrants • Increasingly also trafficked (forced) labour Duesseldorf - November 2009

  15. Problems • Concurrent presence of many small firms • Working separately on the same site • Problems coordination of OS&H measures • Allocation of multiple responsibilities • Reactions to a common risk are divergent • Fragmentation in the construction industry • Regularly a source of concern for authorities responsible for supervision of labour protection regulations and standards Duesseldorf - November 2009

  16. Workers in the informal economy • No single accepted definition • Both the urban and the rural informal sector • May be highly organized and structured • May include quite large establishments • Both manufacturing and services • Distinction increasingly becoming doubtful • Most modern protection legislation covers all enterprises employing one or more workers • Many countries also cover the self-employed Duesseldorf - November 2009

  17. Difficulties • Both in legal and in practical issues • Most informal-sector operators run SMEs • Coverage rate of SMEs generally very low: • Germany: about 20% of all establishments • Japan: less than 10% of enterprises • USA: not much more than 2% (OSHA) Duesseldorf - November 2009

  18. Solutions • Credible, effective enforcement systems • Clear, comprehensive, coherent and consistent enforcement policies • Well trained, highly qualified inspectors • High performance standards • Effective systems for identifying priorities • Strongly supported by committed social partner organizations Duesseldorf - November 2009

  19. Conclusions Effective protection of vulnerable groups requires: • Strong political will at the highest level • Fully committed social partner organizations • A policy of comprehensive coverage • Laws that are inclusive • A clear role for labour inspection • Making protection a priority • Multi-actor, broad-based strategies Duesseldorf - November 2009

  20. For more information, please consult: Now available in 12 languages Duesseldorf - November 2009

  21. Thank you for your attention! Wolfgang Frhr. von Richthofen International Consultant on Labour Protection/Inspection, Technical Adviser to IALI, and Consultant for the World Bank 23, ch. Grotte-Garin F-01710 Thoiry, France Tel./Fax 0033/450’20’86’50 vonrichthofen@wanadoo.fr Duesseldorf - November 2009

More Related