Decent Work for Transport Workers ILO and Freedom of Association Evelin Toth, ITC-ILO, Actrav Bucharest 10/10/2017

Overview of the presentation International Labour Organisation and its role in the globalisation era International labour standards Freedom of association

Tripartism Since its creation, the essential role of the ILO has been the pursuit of cooperation between governments, employers and workers in furtherance of social justice with a view to universal and lasting peace

ILO’s UNIQUE TRIPARTITE STRUCTURE The OIL is unique among the UN agencies because it is built on the tripartite model. The ILC is tripartite, as is the Governing Body and working groups and committees in the OIL are tripartite. The only exception is the Committee of Experts, which is composed of 20 independent experts from around the world. WORKERS EMPLOYERS GOVERNMENTS 4

The ILO … 183 Countries together to promote economic growth, social justice and human rights related to work in all its aspects and worldwide ILO Decent Work Agenda EUROPE – region with highest ILS ratification rate

4 strategic objectives of the ILO Decent work, what is it? 4 strategic objectives of the ILO Fundamental principles and rights at work Decent job and decent income Social protection Tripartism and social dialogue.

Deficit of decent work 212 million unemployed in the world 81 million unemployed youth (15-24 years) 633 million of workers and their families living of less than 1.25 USD per day 1.5 billion workers (50,6%) in vulnerable employment (ILO statistics 2010)‏

Decent work – safe work! Every year more than 2 million working men and women die at work or from professional diseases; 270 million of non-fatal accidents at work per year; Asbestos kills 100,000 persons, At world level, a worker dies every 15 seconds, 6,000 workers dies every day. Work kills more perople than the wars!

Globalisation of rights International labour standards system A guarantee of respect of basic human rights for workers all over the world. Universal rights (can be applied in different economic and social circumstances)‏

International labour standards 188 CONVENTIONS Adopted by the International Labour Conference Open to ratification TOTAL 7714 RATIFICATIONS MINIMUM STANDARDS – NOT MAXIMUM STANDARDS ! 200 RECOMMENDATIONS Adopted by the International Labour Conference Not open to ratification

Fundamental Conventions All Members have an obligation to respect their principles, irrespective of ratification Forced Labour (Nos. 29 and 105) Freedom of Association and Collective Bargaining (Nos. 87, 98) The Governing Body has confirmed 12 Conventions that play a central role within the ILO standards system – These are the fundamental and priority Conventions. First, the fundamental Conventions. These are: There is a ratification campaign aimed at universal ratification. You have a comparative table of ratifications of OIL Fundamental Conventions in the Caribbean. Campaign launched in May 1995 following discussions in the World Summit on Social Development. Also WTO Ministerial Meeting in Singapore endorsed, OIL is the competent body to deal with labour standards Child Labour (Nos. 138, 182) Equality (Nos. 100, 111) minimum rules! 11

Report on Global Competitiveness World Economic Forum Report on Global Competitiveness The most competitive world economies: Switzerland Sweden Singapore United States Germany Japan Netherlands Denmark Canada

Is fair competition possible in a competitive world? 165 150 166 164 170 172 158 148 Total of 181 x   USA Regno Unito Swizzera Swezia Singapore Paesi Bassi Giappone Italy India Germany Finland Denmark Cina C. 182 C. 138 C. 111 C. 100 C. 105 C. 29 C. 98 C. 87 Country Child Labor Equality Foreced Labour Freedom of Association

Taking application of Conventions seriously

C. 87 Freedom of association (1948.) Right to organise Right to bargain Right to strike

Objective: Freedom of association without interference from public authorities (independence) Scope: all employers and workers without distinction Exception: armed forces and police (narrowly defined)

Without distinction whatsoever (public servants, rural workers, home workers, EPZ workers, seafarers, young workers, teachers, managers, foreigners) To establish organizations of their own choosing (trade union pluralism) Without previous authorization (registration, minimum membership)

Draw up their constitutions and rules (only formal requirements, no prior approval) Elect their representatives (results not subject to approval, eligibility requirements not excessively restrictive) Organize their administration (autonomy, financial independence, protection of assets and property) Organize their activities and formulate their programmes (hold meetings, access to the workplace, political activities, the right to strike)

Right of workers’ and employers’ organizations to formulate their programmes (art. 3, C. 87) means Right to hold meetings Right to have access to the working place by trade union leaders with due respect for the rights of property and management Right to communicate with management Right to strike

Right to form federations and confederations (Articles 5, 6) Right to affiliate with international organizations of employers and workers (Article 5) No dissolution or suspension by administrative measures (Article 4)

Right to strike Essential means available to workers for the protection and promotion of their interests Not an absolute right. Restrictions in case of: acute national crisis members of the armed forces and the police public servants exercising authority in the name of the State workers in essential services in the strict sense of the term

Essential services Essential means available to workers for the protection and promotion of their interests Not an absolute right. Restrictions in case of: acute national crisis members of the armed forces and the police public servants exercising authority in the name of the State workers in essential services in the strict sense of the term

Strike may endanger life, personal safety, health: hospitals electricity services water supply services telephone service air traffic control

Non-essential services Radio and television the petroleum sector and ports banking computer services for the collection of excise duties and taxes department stores and pleasure parks the metal and mining sectors transport generally refrigeration enterprises hotel services construction automobile manufacturing aircraft repair agricultural activities the supply and distribution of foodstuffs the government printing service the state alcohol, salt and tobacco monopolies the education sector postal services

Right to strike Most visible form of collective action in the context of a labour dispute Even if not expressly mentioned in ILO Conventions on FOA, the right to strike is fully recognized and protected Legitimate weapon of workers’ organizations in furtherance of their members’ interests

The law may subordinate the exercise of the right to strike to certain prerequisites (reasonable criteria) Prerequisites found to be acceptable: Take strike decisions by secret ballot Give prior notice to the employer before calling a strike Conciliation, mediation, voluntary arbitration

Decision by over half of all the workers involved Prerequisite not acceptable: Decision by over half of all the workers involved A quorum requirement of two-thirds Compulsory arbitration before calling strike (when the result is binding)

Solidarity … but