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Post on 17-Jul-2015
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• International Labour Organization maintains anddevelops a system of International Labour Standards(ILS)
• ILS aim to promote opportunities for men and women toobtain decent and productive work in conditions offreedom, equity, security and dignity.
• The ILO asserts that International Labour Standardsare essential component for ensuring that the growth ofthe global economy provides benefits to all.
• ILS are legal instruments drawn up by the ILO’s constituents (governments, employers and workers) setting out basic principles and rights at work.
• ILS take two forms: • conventions, which are legally binding international treaties that
may be ratified by member states,
• recommendations, which serve as non-binding guidelines.
• In many cases, a convention lays down the basic principles to be implemented by ratifying countries, while a related recommendation supplements the convention by providing more detailed guidelines on how it could be applied.
• Recommendations can also be autonomous, i.e: not linked to any convention.
• International Labour Standards (both conventions and
recommendations) are drawn up by representatives of
governments, employers and workers and are adopted at
the ILO’s annual International Labour Conference.
• Once adopted, a standard have to be submitted by the
member states to their competent authority (normally the
parliament) for consideration.
• Ratification of ILO conventions are voluntary.
• Ratification is a formal procedure whereby a state
accepts the convention as a legally binding instrument. A
country is subject to the ILO’s regular supervisory system
responsible for ensuring that ratified conventions are
applied.
• Eight ILO conventions (covering four labour standards –known as the Fundamental (or Core) Labour Standards) -are designated as “Fundamental”.
• They are legally binding upon members by virtue of membership in the ILO, regardless of ratification.
• They came into being through the 1998 “ILO Declaration on Fundamental Principles and Rights at Work”
These 8 conventions (4 standards) are:
• freedom of association (Conv. No. 87) and the effective
recognition of the right to collective bargaining (Conv.
No. 98)
• the elimination of all forms of forced or compulsory
labour (Conv No. 29 and 105)
• the effective abolition of child labour (Conv. No 138,
182)
• The elimination of discrimination in respect of
employment and occupation (Conv. No. 100, 111)
• There are currently over 1,290 ratifications of these
conventions,
• This represents 88.5% of the possible number of
ratifications.
• Four ILO Conventions (covering 3 standards) are
designated as “priority” instruments because of
their importance to the functioning of the
international labour standards system.
• They cover:
• Labour Inspection (No. 81 and No 129 for Agriculture)
• Tripartite Consultation – Government, Employers
organizations and Workers’ organizations (No. 144)
• Employment Policy (No. 122)
• It all starts from a growing international concern
on which action is needed to be taken,
Example: providing working women with maternity
protection, or ensuring safe working conditions for
agricultural workers, etc.
• ILS are developed through a unique tripartite
legislative process involving representatives of
governments, workers and employers from
around the world.
• Problem is identified; placed on the agenda of a future International Labour Conference (ILC); a report on the problem is prepared and circulated problem is discussed at the International Labour Conference. comments taken second report prepared for the following Conference necessary amendments made adoption by a two-thirds majority of votes.
• This “double discussion” gives Conference participants sufficient time to examine the draft instrument and make comments on it.
• Standards are adopted by a two-thirds majority –
hence are expression of universally
acknowledged principles.
• standards are flexible enough to be translated
into national law and practice with due
consideration to members’ diversity (cultural and
institutional, legal, and economic).• For example, standards on minimum wages do not set
a specific universal minimum wage; it requires each country to establish a system and the machinery to fix minimum wage rates appropriate to its level of development.
• At present there are 188 conventions and 199
recommendations, some dating back as far as 1919.
• To maintain relevance of standards to today’s challenges,
the ILO adopts revising conventions that replace older
ones, or protocols which add new provisions to older
conventions.
• The International Labour Conference may also approve
the withdrawal of recommendations or conventions
which have not entered into force.
• Between 1995 and 2002 the Governing Body reviewed all ILO standards adopted before 1985, the decision: • 71 conventions – including the fundamental and priority
conventions and those adopted after 1985 – were designated as being “up-to-date” and recommended for active promotion.
• Of the remaining standards, some needed to be revised, some had an interim status, some were outdated, and some others require further information and study.
• In 1997 the ILO Constitution was amended to allow abrogation of a convention in force if recognized as obsolete by two-thirds vote of delegates in International Labour Conference.
• for drafting and implementing labour law in conformity with internationally accepted standards.
• As sources of international law applied at the national level (e.g. in courts to decide cases on which national law is inadequate or silent)
• As guideline for social policy such as employment policies; social security administration systems and for systems of labourdispute resolution
• In trade agreements to protect and/or promote labour rights
• As guides or principles for socially-responsible enterprise practices
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