. INTERNATIONAL LABOUR STANDARDS CONCERNING LABOUR INSPECTION Lejo Sibbel Senior Specialist, International Labour Standards and Labour Law ILO Decent Work Team, Eastern Europe and Central Asia, Moscow

Introduction to the ILO ORIGINS OF THE ILO 16 September, 2003 WHEN? 1919 (TREATY OF VERSAILLES, END WW I) SAME TIME AS LEAGUE OF NATIONS (PREDECESSOR OF THE UN) WHY? HUMANITARIAN: EFFECTS OF INDUSTRIALIZATION POLITICAL: EFFECTS OF RUSSIAN REVOLUTION ECONOMIC: EFFECTS OF NATIONAL REGULATION OF LABOUR ISSUES ON COMPETITIVE POSITION OF COUNTRIES

Introduction to the ILO ORIGINS OF THE ILO 16 September, 2003 1946: ILO FIRST SPECIALIZED ORGANISATION OF THE UN 1969: ILO RECEIVES NOBEL PEACE PRIZE 2018: 187 MEMBER STATES

Introduction to the ILO 16 September, 2003 ILO TRIPARTISM

CONTEMPORARY VISION 2008 ILO DECLARATION ON SOCIAL JUSTICE FOR A FAIR GLOBALIZATION Places concept of “Decent Work” at the center of economic and social policies Decent Work - four strategic objectives Employment Social protection Social dialogue and tripartism Fundamental principles and rights at work

Introduction to the ILO 16 September, 2003 MEANS OF ACTION STANDARD-SETTING TECHNICAL CO-OPERATION

INTERNATIONAL LABOUR STANDARDS Introduction to the ILO 16 September, 2003 INTERNATIONAL LABOUR STANDARDS CONVENTIONS (189) LEGALLY BINDING WHEN RATIFIED RECOMMENDATIONS (205) GENERAL OR TECHNICAL GUIDELINES

Introduction to the ILO 16 September, 2003 CONVENTIONS BY TYPE 8 FUNDAMENTAL CONVENTIONS 4 GOVERNANCE (PRIORITY) CONVENTIONS 177 TECHNICAL CONVENTIONS (OSH, SOCIAL SECURITY, SEAFARERS, MIGRANT WORKERS, ETC.)

Introduction to the ILO 16 September, 2003 REGIONAL OVERVIEW – ALL Cs Arm Aze Bel Geo Kaz Kyr Rus Taj Tur Uzb Total 29 58 49 18 24 53 75 50 9 14 Fundamental 8 Governance 3 4 2 - 1 Technical 46 38 12 42 64 39 5 Latest 2006 2016 2004 2018 2015 2008 2017 2014 Last 5 years 6 7

ILO SUPERVISORY SYSTEM Introduction to the ILO 16 September, 2003 ILO SUPERVISORY SYSTEM Purpose: To create a dialogue between the ILO and Governments with the aim to ensure full application of Conventions and Recommendations in law and practice. Output of supervision offers guidance for national action: Legislation Judicial practices and systems Administrative practices and systems Collective agreements Advocacy tools Basis for ILO technical cooperation – Particularly relevant within framework of CAS discussions

ILO SUPERVISORY SYSTEM Two Pillars Introduction to the ILO 16 September, 2003 ILO SUPERVISORY SYSTEM Two Pillars The Committee of Experts on the Application of Conventions and Recommendations – CEACR 20 independent and impartial experts Technical examination of the application, in law and practice, of Conventions and Recommendations through different mechanisms. The Committee on the Application of Standards of the International Labour Conference – CAS Tripartite body Provides opportunity for the representatives of governments, employers and workers to examine together the manner in which States are fulfilling their standards-related obligations.

ILO STANDARDS CONCERNING LABOUR INSPECTION Introduction to the ILO 16 September, 2003 ILO STANDARDS CONCERNING LABOUR INSPECTION

LI – RELEVANT STANDARDS Introduction to the ILO 16 September, 2003 LI – RELEVANT STANDARDS C081 - Labour Inspection Convention, 1947 (No. 81) P081 - Protocol of 1995 to the Labour Inspection Convention, 1947 C129 - Labour Inspection (Agriculture) Convention, 1969 (No. 129) C150 - Labour Administration Convention, 1978 (No. 150)

Introduction to the ILO 16 September, 2003 REGIONAL OVERVIEW – LI Cs Arm Aze Bel Geo Kaz Kyr Rus Taj Tur Uzb C. 81 + -- P. 81 C. 129 C. 150 Total 2 3 1

Introduction to the ILO 16 September, 2003 C81 – SYSTEM AND ROLE OF LI AIM: FOR RATIFYING STATES TO MAINTAIN A SYSTEM OF LABOUR INSPECTION IN INDUSTRY AND COMMERCE (C129 covers agriculture and P81 non-commercial activities) ROLE OF LABOUR INSPECTION (Art. 3.1) ENFORCEMENT OF LEGAL PROVISIONS SUPPLY TECHNICAL ADVICE TO E AND W IDENTIFY ISSUES NOT COVERED BY LAW (LEGAL DEVELOPMENT)

POWERS OF LABOUR INSPECTORS (Art. 12) Introduction to the ILO 16 September, 2003 POWERS OF LABOUR INSPECTORS (Art. 12) To enter freely and without previous notice at any hour of the day or night any workplace. To carry out any examination, test or enquiry To interrogate, alone or in the presence of witnesses, the employer or the staff To examine documents and take samples To issue orders with a view to remedying defects and to decide whether it is appropriate to give a warning and provide advice, or to launch or recommend legal action.

Introduction to the ILO 16 September, 2003 SANCTIONS (Arts. 17and 18) VIOLATIONS OF LEGAL PROVISIONS: LIABLE TO PROMPT LEGAL PROCEEDINGS DISCRETIONARY POWER TO GIVE WARNING AND ADVICE INSTEAD OF INITIATING LEGAL PROCEEDINGS ADEQUATE PENALTIES FOR VIOLATIONS AND FOR OBSTRUCTIN LABOUR INSPECTORS IN PERFORMANCE OF DUTIES

Introduction to the ILO 16 September, 2003 SANCTIONS - PRACTICE Sanctions are complementary to the overall purpose of promoting compliance with labour legislation Sanctions must be effectively applied and enforced Sanctions must be designed, implemented and administrated in a coherent manner Sanctions must be progressive, according to the increased severity of labour law violations

NEGATIVE REGIONAL TREND 2017 CAS LONG LIST (C81) 2017 CAS SHORT LIST (C81) ARMENIA, CONGO, INDIA, QATAR, UKRAINE UKRAINE AND INDIA 2018 CAS LONG LIST (C81) 2018 CAS SHORT LIST (C81) MOLDOVA, PAKISTAN, UKRAINE MOLDOVA AND UKRAINE

Introduction to the ILO 16 September, 2003 THANK YOU!