Trade Union Training on Social Security and Social Protection
INTRODUCTION TO INTERNATIONAL INTRODUCTION TO INTERNATIONAL LABOUR STANDARDSLABOUR STANDARDS
Turin, 5 May 2004
INTERNATIONAL LABOUR ORGANIZATIONINTERNATIONAL LABOUR ORGANIZATIONINTERNATIONAL LABOUR ORGANIZATIONINTERNATIONAL LABOUR ORGANIZATION
INTERNATIONAL LABOUR ORGANIZATIONINTERNATIONAL LABOUR ORGANIZATIONINTERNATIONAL LABOUR ORGANIZATIONINTERNATIONAL 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
enables the representatives of workers and employers to
participate on an equal footing with those of governments
in all discussions and decision-making
PRINCIPLE OF TRIPARTISMPRINCIPLE OF TRIPARTISMPRINCIPLE OF TRIPARTISMPRINCIPLE OF TRIPARTISM
lies at the heart of the ILO
4 delegates per member State
International Labour Conference
Governing Body
International Labour Office
1 workers’ delegate
1 employers’ delegate
2 governments delegates
14 workers’ representatives
14 employers’ representatives
28 governments representatives
STRUCTURESTRUCTURESTRUCTURESTRUCTURE
standard-setting activities
technical cooperation
research and information
MEANS OF ACTIONMEANS OF ACTIONMEANS OF ACTIONMEANS OF ACTION
elaboration and adoption of international labour standards
supervision of member States application of international labour standards
promotion of the objectives established by international labour standards
STRATEGIC OBJECTIVESSTRATEGIC OBJECTIVESSTRATEGIC OBJECTIVESSTRATEGIC OBJECTIVES
standards and fundamental principles and rights at work
employment
social protection
social dialogue
INTERNATIONAL LABOUR STANDARDSINTERNATIONAL LABOUR STANDARDSINTERNATIONAL LABOUR STANDARDSINTERNATIONAL LABOUR STANDARDS
Employment
Social policy
Basic human rights
Industrial relations
Social security
Employment of women
Labour administration
Conditions of work
Employment of children and young persons
Migrant workers
Indigenous and tribal people
Other special categories of workers
CLASSIFICATIONCLASSIFICATIONCLASSIFICATIONCLASSIFICATION
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)
Conventions
Recommandations
are not open to ratification
are not legally binding
provide technical or general guidelines on national policy and practice
194 Recommendations (as of today)
FORMS FORMS FORMS FORMS
universality
flexibility
tripartism
adaptability
CHARACTERISTICSCHARACTERISTICSCHARACTERISTICSCHARACTERISTICS
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)
FUNDAMENTAL CONVENTIONSFUNDAMENTAL CONVENTIONSFUNDAMENTAL CONVENTIONSFUNDAMENTAL CONVENTIONS
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
DOUBLE-DISCUSSION PROCEDUREDOUBLE-DISCUSSION PROCEDUREDOUBLE-DISCUSSION PROCEDUREDOUBLE-DISCUSSION PROCEDURE
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
obligation to send copies of the information on submission to the most representative
workers’ and employers’ organizations
SUBMISSIONSUBMISSIONSUBMISSIONSUBMISSION
Article 19, paragraphs 5, 6 and 7 of the ILO Constitution
Article 23, paragraph 2 of the ILO Constitution
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
RATIFICATIONRATIFICATIONRATIFICATIONRATIFICATION
SYSTEMS OF SUPERVISIONSYSTEMS OF SUPERVISIONSYSTEMS OF SUPERVISIONSYSTEMS OF SUPERVISION
SYSTEMS OF SUPERVISIONSYSTEMS OF SUPERVISIONSYSTEMS OF SUPERVISIONSYSTEMS OF SUPERVISION
regular system of supervision
special systems of supervision
involve cases of specific allegations of violations against a member State
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)
PERIODICITYPERIODICITYPERIODICITYPERIODICITY
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
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
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
FebruaryObservations
published 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 procedure
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
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