Trade Union Training on Economic and Financial Analyses of Enterprises

INTERNATIONAL LABOUR INTERNATIONAL LABOUR STANDARDS: PROCEDURES AND STANDARDS: PROCEDURES AND

SUPERVISIONSUPERVISION

Turin, 9 August 2005

WHAT ARE ILS?WHAT ARE ILS?WHAT ARE ILS?WHAT ARE ILS?

Collective bargaining

Forced labour

Freedom of association

Equality of opportunity and treatment

Labour administration

Labour inspection

Child labour

Tripartite consultation

Employment policy

Employment promotion

SUBJECTS COVERED BY ILSSUBJECTS COVERED BY ILSSUBJECTS COVERED BY ILSSUBJECTS COVERED BY ILS

Vocational guidance and training

Employment security

Social policy

Wages

Occupational safety and health

Social security

Working time

Maternity protection

Migrant workers

Seafarers

Fishers

Dockworkers

Indigenous and tribal peoples

Other specific categories of workers

are international treaties

when ratified, are legally binding

if not ratified, could represent legal objectives and influence national legislation

186 Conventions as of today

Conventions

Recommandations

are not open to ratification

are not legally binding, and provide technical or general guidelines on national

policy and practice

196 Recommendations as of today

FORM OF ILS FORM OF ILS FORM OF ILS FORM OF ILS

Universality

Flexibility

Tripartite

Adaptability

CHARACTERISTICS OF ILSCHARACTERISTICS OF ILSCHARACTERISTICS OF ILSCHARACTERISTICS OF ILS

Realism

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)

ILO FUNDAMENTAL CONVENTIONSILO FUNDAMENTAL CONVENTIONSILO FUNDAMENTAL CONVENTIONSILO FUNDAMENTAL CONVENTIONS

WHERE DO ILS COME FROM?WHERE DO ILS COME FROM?WHERE DO ILS COME FROM?WHERE DO ILS COME FROM?

Governing Body

Suggestions from Gvts, Workers, Employers, ILO Office, UN

Agencies, etc. Participation

Governments Consultation

Governments

Tripartite Conference Committee FIRST DISCUSSION

Consultation

Participation

Governments

Tripartite Conference Committee SECOND DISCUSSION

Consultation

Conference PlenaryADOPTION

Participation

Participation

Governments Consultation

ILO Office III Report

ILO Office IV Report

ILO Office II Report

ILO Office I Report

ADOPTION OF ILS: DOUBLE-DISCUSSION PROCEDUREADOPTION OF ILS: DOUBLE-DISCUSSION PROCEDUREADOPTION OF ILS: DOUBLE-DISCUSSION PROCEDUREADOPTION OF ILS: DOUBLE-DISCUSSION PROCEDURE

HOW ARE ILS USED?HOW ARE ILS USED?HOW ARE ILS USED?HOW ARE ILS USED?

Constitutional provision

SUBMISSION OF ILSSUBMISSION OF ILSSUBMISSION OF ILSSUBMISSION OF ILS

member States have an obligation to submit all instruments to the competent national

authorities, normally the legislature, in the 12 months or, exceptionally, 18 months

following their adoption

Aim

to promote the implementation of ILO standards and, in the case of Conventions, to

promote their ratification

Related obligations

to inform the Director-General on the measures taken to submit the instruments

to send copies of the report to the representative organizations of employers’ and

workers

Is the formal commitment by a member State to be bound by the provisions of a

Convention under international law

Cannot involve reservations

Consequences:

1. member States should implement the Convention, both in law and in practice

2. member States become subject to an international control on the application of the

Convention

RATIFICATIONRATIFICATIONRATIFICATIONRATIFICATION

HOW ARE ILS ENFORCED?HOW ARE ILS ENFORCED?HOW ARE ILS ENFORCED?HOW ARE ILS ENFORCED?

ILO SYSTEMS OF SUPERVISIONILO SYSTEMS OF SUPERVISIONILO SYSTEMS OF SUPERVISIONILO SYSTEMS OF SUPERVISION

Regular system of supervision

Special systems of supervision

involve cases of specific allegations of violations against a member State

is based on the ratification of a Convention and a reporting obligation on its

application

Article 22 of the ILO Constitution

Obligation to submit periodical reports on the measures taken to give

effect to the provisions of a ratified Convention, both in law and practice

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

REGULAR SYSTEM OF SUPERVISIONREGULAR SYSTEM OF SUPERVISIONREGULAR SYSTEM OF SUPERVISIONREGULAR SYSTEM OF SUPERVISION

Every 2 years for fundamental and priority Conventions

Every 5 years for other 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)

Employment Policy Convention, 1964 (No. 122)

Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144)

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)

Labour Inspection Convention, 1947 (No. 81) Labour Inspection (Agriculture) Convention, 1969 (No. 129)

PERIODICITY OF REPORTSPERIODICITY OF REPORTSPERIODICITY OF REPORTSPERIODICITY OF REPORTS

Detailed reports

In other cases, simplified reports

the first report after the ratification of the Convention (1 year after the

entry into force)

DETAILED/SIMPLIFIED REPORTSDETAILED/SIMPLIFIED REPORTSDETAILED/SIMPLIFIED REPORTSDETAILED/SIMPLIFIED REPORTS

if the CEACR or the Conference expressly ask for a detailed report

when important changes occur in the application of the Convention

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

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

independent, impartial and objectives

Composition: 20 persons

Characteristics

appointed by the Governing Body upon proposal made by the Director-General

with eminent qualifications in the legal field

appointed for 3 year term, being renewable

decisions taken unanimously, although majority required

sittings held in private

documentary evidence

CONFERENCE COMMITTE ON THE APPLICATION OF CONFERENCE COMMITTE ON THE APPLICATION OF STANDARDSSTANDARDS

CONFERENCE COMMITTE ON THE APPLICATION OF CONFERENCE COMMITTE ON THE APPLICATION OF STANDARDSSTANDARDS

Composition: usually well over 150 members

Characteristics

from the three groups of delegates and advisers

decisions taken by consensus, although voting is required

specially established to examine and discuss the CEACR’s Report

provides opportunity for direct international dialogue on the implementation

of international labour standards

ART. 22 REPORTING PROCEDUREART. 22 REPORTING PROCEDUREART. 22 REPORTING PROCEDUREART. 22 REPORTING PROCEDURE

COMMITTEE OF EXPERTS THE APPLICATION OF COMMITTEE OF EXPERTS THE APPLICATION OF CONVENTIONS AND RECOMMENDATIONSCONVENTIONS AND RECOMMENDATIONS

Direct requestssent to the government and the social

partners in the country concerned

CONFERENCE COMMITTEE ON THE APPLICATION STANDARDSCONFERENCE COMMITTEE ON THE APPLICATION STANDARDS

Report submitted to the plenary sitting of theINTERNATIONAL LABOUR CONFERENCEINTERNATIONAL LABOUR CONFERENCE

Governments’information and reports

1st June – 1st September

June

November &

December

Observationspublished in its Report

Social partners’ comments

INTERNATIONAL LABOUR OFFICEINTERNATIONAL LABOUR OFFICE

March

June

SPECIAL SYSTEMS OF SUPERVISIONSPECIAL SYSTEMS OF SUPERVISIONSPECIAL SYSTEMS OF SUPERVISIONSPECIAL SYSTEMS OF SUPERVISION

1. representations under Article 24 of the ILO Constitution

2. complaints under Article 26 of the ILO Constitution

3. freedom of association procedures

allegations may be brought against member States even if they have not

ratified the Convention concerned

both require that the Convention concerned be ratified

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

REPRESENTATION (ART. 24)REPRESENTATION (ART. 24)REPRESENTATION (ART. 24)REPRESENTATION (ART. 24)

ART. 24 REPRESENTATION PROCEDUREART. 24 REPRESENTATION PROCEDUREART. 24 REPRESENTATION PROCEDUREART. 24 REPRESENTATION PROCEDURE

AD HOCAD HOC TRIPARTITETRIPARTITE COMMITTEECOMMITTEEreport with conclusions and recommendations

Workers’ or employers’ organization

COMMITTEE ON FOACOMMITTEE ON FOAif the representation

involves FOA

GOVERNING BODYGOVERNING BODYdecides on receivability

INTERNATIONAL LABOUR OFFICE

decides whether to publishthe representation and any

government reply

the decision is communicated to the organization and government concerned

GOVERNING BODYGOVERNING BODYexamines the report and deliberates

ART. 26 COMPLAINT PROCEDUREART. 26 COMPLAINT PROCEDUREART. 26 COMPLAINT PROCEDUREART. 26 COMPLAINT PROCEDURE

International Labour Conference delegate

Governing Body ex officioAny ratifying member

State

GOVERNING BODYGOVERNING BODY

COMMISSION OF INQUIRYCOMMISSION OF INQUIRYreport including findings and recommendations

GOVERNING BODYGOVERNING BODY

if the government accepts the recommendations

if the government does not accept the recommendations

CEACRCEACRfollows up on the implementation

of the recommendations

may refer the complaint to theICJICJ

for a final decision