Participatory Labour Law Making: the role of social dialogue Inter-regional course: trade union strategies on the use of ILS in labour law reforms, ITCILO, 12/07/2016 www.itcilo.org International Training Centre of the ILO

Definition of Social Dialogue Consultations All types of Negotiations Exchange of Information Among: Representatives of Government, Employers, Workers on: Issues of Common Interest Related to Economic and Social Policy www.itcilo.org International Training Centre of the ILO

The forms of Social Dialogue Bipartite Tripartite Tripartite + www.itcilo.org International Training Centre of the ILO

Levels of Social Dialogue International Regional National Sector/branches Enterprise www.itcilo.org International Training Centre of the ILO

The ILO and Social Dialogue Social Dialogue Premised on Strong Tripartite Organizations Sustained High Level Dialogue ILO, Pace Setter and Example of Tripartite Deliberations Resolution on Tripartism and Social Dialogue: Valuable and Democratic Means Collaboration Among Government and Social Partners Modern and Dynamic Process Government to Ensure Preconditions to Social Dialogue www.itcilo.org International Training Centre of the ILO

Pitfalls in Social Dialogue Narrow vested interests, blocking reforms Lack of basic agreement on economic analysis/prescription Lack of democratic accountability and legitimacy www.itcilo.org International Training Centre of the ILO

Issues addressed by Social Dialogue 1 Macroeconomic policy framework and economic growth Structural change and transformation of the economy Wage increases and inflation; monetary policy Employment policy Educational and vocational training Productivity and economic competitiveness Taxation and fiscal policy Social welfare, security and protection Economic and social strategies to deal with externally originating pressures for reform Labour migration www.itcilo.org International Training Centre of the ILO

Issues addressed by Social Dialogue 2 Wage settings, including minimum wage determination; Labour legislation Working conditions Labour market policy Labour dispute settlement Occupational safety and health … www.itcilo.org International Training Centre of the ILO

Benefits of Social Dialogue processes Democratization of economic and social policy making Legitimacy and ownership Reduce social conflicts Ease social tensions during economic hardship and transition periods www.itcilo.org International Training Centre of the ILO

Benefits associated with the results of Social Dialogue Sustainable economic and labour reform Bringing the social dimension to the economic policy reform agenda National economic and social progress www.itcilo.org International Training Centre of the ILO

Main ILO Instruments related to tripartite social dialogue (1/2) Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) Consultation (Industrial and National Levels) Recommendation, 1960 (No. 113) Freedom of Association and Protection of the Right to Organize Convention, 1948 (No. 87) Right to Organize and Collective Bargaining Convention, 1949 (No. 98)

Consultations required by Convention 144 Involvement of workers’ and employers’ organizations in all measures taken in relation to ILO standards: Setting of new standards Submission to Parliament Ratification Reporting on application Denunciation

Nature of consultations required by Convention 144 Beyond mere information, but do not imply co-decision or consensus Parties remain autonomous Government remains responsible for the final decision

Nature of consultations required by Convention 144 (cont’d) Consultations must be effective Must take place before a decision is made Parties must have the necessary information well enough in advance Must involve the most representative organizations.

Recommendation No. 113 Consultation (Industrial and National Levels) Recommendation, 1960 (No.113): Effective consultation and cooperation between public authorities and employers’ and workers’ organizations

Recommendation No. 113 (cont’d) Consultation / cooperation aiming at: Joint consideration of matters of mutual concern To arrive, to the fullest possible extent at agreed solutions

Recommendation No. 113 (cont’d) Consultation / cooperation ensuring that: Public authorities seek views, advice and support of employers’ and workers’ organizations in respect of: Legislation affecting them Functioning of national labour bodies Plans of economic and social development

Freedom of association and the right to collective bargaining include: The right of workers and employers to form and join organizations of their own choosing, and to do so without prior authorization; The free functioning of those organizations; The right to elect representatives in full freedom; The right of organizations to organize their internal administration, and freely organize their activities and formulate their programmes; The right to strike; The right to form federations and confederations and affiliate to international organizations of workers and employers; Protection against anti-union discrimination, and acts of interference; The right to bargain collectively.

Main ILO Instruments related to tripartite social dialogue (2/2) Labour Administration Convention,1978 (No. 150) Workers’ Representatives Convention,1971 (No. 135) Workers’ Representatives Recommendation,1971 (No. 143) Resolution concerning Tripartism and Social Dialogue, 2002

National legal basis for social dialogue institutions National constitution or legislation A strong legal basis will help ensure that the institution is not dissolved as a reaction during a situation of hardship; But no guarantee that social dialogue will succeed: commitment, sense of responsibility and trust are also essential; Government regulation The government establishes the tripartite institution through a governmental or ministerial regulation following consultations with the social partners; Advantage of providing for the rapid establishment of the institution; Agreement among the parties The government, along with employers’ and workers’ organizations reach an agreement to set up a tripartite social dialogue institution.

Possible intensity of tripartite social dialogue at the national level High – most formal and binding form of social dialogue Negotiations (agreements by consensus) Consultations (more in-depth dialogue) Exchange of information Low

Types of tripartite social dialogue institutions Central – Specialised – Ad hoc bodies Economic and Social Councils Not necessarily attached to the government; Various sizes and composition of membership; Often tripartite “plus” or even with no government representation; Address issues related to economic and social policies (beyond “world of work” stricto sensu). Tripartite Labour Advisory Councils Address issues related to national labour and employment policy (“world of work”) ; Often established within the Labour or Employment Ministry. National tripartite social dialogue commissions Usually established to promote effective tripartite SD; to prevent and resolve collective labour conflicts of national importance or; to monitor the implementation of agreements; Government often represented by several ministries of national importance; Generally smaller in size than ESCs and often pure tripartite composition. Specialized tripartite committees Established to examine specific issues related to the world of work and beyond (e.g. health and safety at work, promotion of gender equality, wages…). Stand-alone bodies or sub-units of the main national tripartite institution; Established in an ad hoc manner for a short duration or a longer term.

National Social Dialogue Mechanisms ─ Examples of tripartite SD institutions Poland Malawi South Africa Singapore Tripartite Commission for Socio-Economic Issues Tripartite Labour Advisory Council National Economic Development and Labour Council tripartite “plus” body Various specialised tripartite bodies Very practical and operational form of tripartism : ad hoc bodies are set up when needed on specific issues. Actors: Government and social partners Government, social partners + Community representatives

Missions and mandate of tripartite institutions In most cases, the mandate of tripartite institutions will include some or all of the following options: advice to government on policy issues: analysis and development of policy initiatives consultations on policy formulation and implementation recommendations on economic, social and labour-related issues analysis and discussion of existing laws and programmes; negotiation of tripartite agreements, and supervision of their implementation; administration of established policies; public information sharing. The rules of procedure of tripartite institutions should specify the missions the tripartite institution may undertake on its own initiative & the ones that should only be fulfilled on request.

ILO member States with a National Tripartite Social Dialogue Institution (TNSDI) and/or an Economic and Social Council (ESC) (as of 2012)

Questions for discussions At what stage is your organization involved in labour law reform? What kind of inputs is your organization in the position to give? Is your organization in the position to discuss the purpose of the labour law reform? To what extent are tripartite social dialogue institutions used in the labour law reform process? At what stage is your organization involved in labour law reform? ( are trade unions associated from the beginning of the reform or are they involved at a latter stage or just before parliament approval?) What kind of inputs is your organization able to give to the government? (are trade unions aske to provide minor comments or can they susbsantially influence the ouctome)? Are your organization able to discuss the purpose of the labour law reform? ( is the rationale of the reform discussed with trade unions or is that a “fait accompli) www.itcilo.org International Training Centre of the ILO