Trade Union Training on Economic and Financial Analyses of Enterprises INTERNATIONAL LABOUR STANDARDS: PROCEDURES AND SUPERVISION Turin, 9 August 2005

WHAT ARE ILS?

Collective bargaining Forced labour Freedom of association Equality of opportunity and treatment Labour administration Labour inspection Child labour Tripartite consultation Employment policy Employment promotion SUBJECTS COVERED BY ILS Vocational guidance and training Employment security Social policy Wages Occupational safety and health Social security Working time Maternity protection Migrant workers Seafarers Fishers Dockworkers Indigenous and tribal peoples Other specific categories of workers

are international treaties when ratified, are legally binding if not ratified, could represent legal objectives and influence national legislation 186 Conventions as of today Conventions Recommandations are not open to ratification are not legally binding, and provide technical or general guidelines on national policy and practice 196 Recommendations as of today FORM OF ILS

Universality Flexibility Tripartite Adaptability CHARACTERISTICS OF ILS 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) ILO FUNDAMENTAL CONVENTIONS

WHERE DO ILS COME FROM?

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 Plenary ADOPTION Participation Governments Consultation ILO Office III Report ILO Office IV Report ILO Office II Report ILO Office I Report ADOPTION OF ILS: DOUBLE-DISCUSSION PROCEDURE

HOW ARE ILS USED?

Constitutional provision SUBMISSION OF ILS member States have an obligation to submit all instruments to the competent national authorities, normally the legislature, in the 12 months or, exceptionally, 18 months following their adoption Aim to promote the implementation of ILO standards and, in the case of Conventions, to promote their ratification Related obligations to inform the Director-General on the measures taken to submit the instruments to send copies of the report to the representative organizations of employers’ and workers

Is the formal commitment by a member State to be bound by the provisions of a Convention under international law Cannot involve reservations Consequences: 1. member States should implement the Convention, both in law and in practice 2. member States become subject to an international control on the application of the Convention RATIFICATIONRATIFICATION

HOW ARE ILS ENFORCED?

ILO SYSTEMS OF SUPERVISION Regular system of supervision Special systems of supervision involve cases of specific allegations of violations against a member State is 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 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) PERIODICITY OF REPORTS

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 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 CONVENTIONS AND RECOMMENDATIONS COMMITTEE OF EXPERTS ON THE APPLICATION OF CONVENTIONS AND RECOMMENDATIONS independent, impartial and objectives Composition: 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 STANDARDS Composition: 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 PROCEDURE COMMITTEE OF EXPERTS THE APPLICATION OF CONVENTIONS AND RECOMMENDATIONS Direct requests sent to the government and the social partners in the country concerned CONFERENCE COMMITTEE ON THE APPLICATION STANDARDS Report submitted to the plenary sitting of the INTERNATIONAL LABOUR CONFERENCE Governments’ information and reports 1st June – 1st September June November & December Observations published in its Report Social partners’ comments INTERNATIONAL LABOUR OFFICE March June

SPECIAL 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 procedures 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)

ART. 24 REPRESENTATION PROCEDURE AD HOCTRIPARTITE COMMITTEE AD HOC TRIPARTITE COMMITTEE report with conclusions and recommendations Workers’ or employers’ organization COMMITTEE ON FOA if the representation involves FOA GOVERNING BODY decides on receivability INTERNATIONAL LABOUR OFFICE decides whether to publish the representation and any government reply the decision is communicated to the organization and government concerned GOVERNING BODY examines the report and deliberates

ART. 26 COMPLAINT PROCEDURE International Labour Conference delegate Governing Body ex officio Any ratifying member State GOVERNING BODY COMMISSION OF INQUIRY report including findings and recommendations GOVERNING BODY if the government accepts the recommendations if the government does not accept the recommendations CEACR follows up on the implementation of the recommendations may refer the complaint to theICJ for a final decision