Course A International Training Center of the ILO Turin, 13 – 24 May 2013

Presentation by Eddy Laurijssen

International Labour Standards: Conventions and Recommendations  189 Conventions (Latest = on domestic workers – 2011)  202 Recommendations 185 Member States Conventions need to be ratified

Core Labour Standards = 8 Conventions regarding 4 Fundamental Rights:  Freedom of Association & Collective Bargaining  Forced Labour  Child Labour  Discrimination in Employment = Part of 1998 ILO Declaration on Fundamental Principles and Rights at Work (adopted unanimously) Obligation to report; ratified or not

ILO Instruments on Freedom of Association & Collective Bargaining  C. 87 on Freedom of Association and the Protection of the Right to Organise (1948)  C. 98 on the Right to Organise and to Bargain Collectively Freedom of Association = Enshrined in Universal Declaration on Human Rights (1948) + in national Constitution of many countries

Ratifications: Convention 87:  Africa: 48 of 54 countries (NOT: Kenya, Guinée Bissau, Morrocco, Somalia, 2 Sudans)  Arab States: 3 of 11 countries (YES: Kuwait, Syria, Yemen)  Europe & Central Asia: 50 of 51 countries (NOT: Uzbekistan) Convention 98:  Africa: 53 of 54 countries (NOT: Somalia)  Arab States: 6 of 11 countries (YES: Irak, Jordan, Kuwait, Lebanon, Syria, Yemen)  Europe & Central Asia: 51 of 51 countries

Global Ratifications of 8 Core Conventions  C. 87: 152 of 185 Member States  C. 98: 163 of 185 Member States  C. 138 (Minimum age): 165 of 185 Member States  Other 5 Core Conventions: more than 170 ratifications

Other important conventions:  C. 135: Workers’ Representatives (1971); Workers’ Representatives in enterprises shall be protected against discrimination  C. 141: Rural Workers’ Organisations (1975); Same rights as in C. 87, but specific for rural workers (special status)  C. 151: Labour Relations in the Public Service (1978); Same rights as in C. 87, but focus on independence of civil servants; non-interference by public authorities  C. 154: Collective Bargaining (1981); Promoting the scope and contents of Collective Bargaining

ILO Supervisory System on Standards  Periodic reporting on application of all ratified conventions by Member States (tripartite constituents)  Periodic reporting on application of conventions concerning Fundamental Labour Rights  Separate procedure for violations of Freedom of Association  Committee of Experts on Application of Standards = neutral body of independent experts (lawyers)  Committee on Freedom of Association = tripartite subcommittee of the ILO Governing Body  All reports: ratified by ILO GB and annual International Labour Conference

Key Provisions  C. 87: The right of workers and trade unions to:  Establish their Organisation without prior government autorisation (exceptions accepted: Armed Forces – Police)  Free to join an Organisation of their choice  Elect their own representatives  Draw up their Rules, Constitution, Structures  Organise trade union activities (meetings, access to workplace, participate in political activity, right to strike)  Affiliate with any Federation, Confederation, International Organisation  C. 98: Scope = Terms and conditions of work and employment

The Right to Strike  Ultimate but essential instrument to safeguard workers’ rights and interests  Restrictions may apply:  Acute national crisis  Public servants exercising authority in the name of the State  Members of Armed Forces - Police  Workers in essential services

Essential Services (cfr. Right to Strike)  Where strike may endanger life, safety or health:  Hospitals  Electricity supply  Water supply  Telephone service  Air traffic control  Compensatory guarantees should apply (e.g. Arbitration)

Non-Essential Services  Transport  Education  Postal Service  Media  Petroleum Sector  Ports  Construction  Agriculture  Department stores & food distribution  Aircraft repair  Banking

Minimum Services may apply in case of strike  In Public Services of vital importance  Genuinely minimum  Workers and employers participate in definition  Disagreements to be settled by independent body

Effective application of C. 87 and C. 98: Even when ratified, the application of C. 87 and C. 98 has many difficulties  Inadequate or ambiguous labour legislation and regulations  Different interpretations of text of Conventions  Violations, neglect and non-compliance  Interference  Anti-union discrimination  Weak representativity and internal problems of Trade Unions

Inadequate or Ambiguous Labour Legislation and Regulations: Frequent examples  Laws denying or restricting the right to organise, or to exercise a trade union function  Restrictions on the right to collective bargaining in some economic sectors  Denial or restrictions on the right to strike or trade union action  Excessive rules for trade union recognition and registration  Inadequate framework for the organisation of social and trade union elections  Inadequate sanctions (dissuasion) against trade union discrimination  Restrictions on international trade union affiliation

Problems of Interpretation  Scope of the right to strike  « Essential Services »  Freedom of Association and trade union pluralism

Violations and Neglect by Employers  Dismissals, refusal to hire, transfer, blacklisting, reprisals and intimidation against trade union leaders and activists  Refusal to recognise and negociate with trade unions  Forcing workers into short term and precarious employment contracts (>>> Downgrade conditions and undermine trade union membership)  Shifting production to countries or areas where Freedom of Association is restricted  Refusal or delays in organising social or trade union elections  Promotion of yellow unions, « workers’ committees », etc… by employers and government authorities as a substitute to trade unions  Subcontracting and hiring workers through third party contractors in order to escape labour legislation; social responsibilities and obligations; trade union presence  Exclusion of certain issues from collective bargaining coverage (eg.: wages, working time)

Violations and neglect by governments  Passing legislation in contradiction with ILO minimum labour standards  Arrests, detention, and intimidation of trade union leaders and activists  Interference (right to strike, internal trade union affairs, promoting trade union division)  Failure to adopt a fair and objective legislative framework for the proper functioning and recognition of trade unions  Improper rules and practices regarding trade union participation in national tripartite bodies

Internal problems of Trade Unions  Trade union fragmentation and rivalries  Inadequate internal democracy and transparency  Insufficient drive for collective bargaining  Lack of efforts and means for recruitment and training  Personal interests

Standards under attack in the ILO itself  Obstruction to issuing of new Conventions  Employers’ group attack at 2012 ILC on;  Mandate and competence of the Committee of Experts  Right to Strike >>> Downgrading labour rights and deregulation at all levels BUT: Continued importance and impact of ILO standards

Freedom of Association = a Fundamental Right, but also an « enabling right » + cornerstone of Social Dialogue and Collective Bargaining >>> Enables workers and employers to:  Resolve immediate workplace problems  Negociate longer term improvements in wages and conditions  Improve work processes and prouctivity  Improve sustainable enterprise management

In support: ILO Technical Cooperation for Standards  Address problems in national labour legislations (ILO experts)  Capacity building and training: how to use ILO instruments  Support the strenghtening of social partner organisations

Practical: Trade unions should use ILO Freedom of Association procedures and assistance  Reporting and complaints on violations and non-compliance  Request direct intervention of Director General  Request direct contact missions (ref. serious cases, repeated violations) - CFA proposes; GB decides