ILO and ILS

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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
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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

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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

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

• standards and fundamental principles and rights
  at work

• employment

• social protection

• social dialogue

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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

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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)

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ILS CHARACTERISTICS

• universality

• flexibility

• tripartism

• adaptability

• realism

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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)

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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
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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
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RATIFICATION

• is the formal commitment by a member State to be
  bound by the provisions of a
• Convention under international law

• is a political decision

• cannot involve reservations

• consequences

1. implementation of the Convention, both in law
and in practice
2. exposure to supervisory mechanisms
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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

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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
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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)

• Employment Policy Convention, 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
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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

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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
  CEACRs Report

• decisions taken by consensus, although voting is
  required

• provides opportunity for direct international
  dialogue on the implementation
• of international labour standards

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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
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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

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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

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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
decides whether to publish the representation and
any government reply
GOVERNING BODY examines the report and
deliberates
the decision is communicated to the organization
and government concerned
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COMPLAINT PROCEDURE (ART. 26)
International Labour Conference delegate
Governing Body
Any ratifying member State
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