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Comparative Employment Relations 6 International Institutions
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Lecture focus The International Labour Organisation (ILO)
International labour standards
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ROLE Promotion of social justice and internationally recognized human and labour rights. Formulation of international labour standards in the form of Conventions and Recommendations. Promotion of the development of independent employers' and workers' organizations. Provision of technical assistance By Creating greater opportunities for women and men to secure decent employment and income Through ratifications by member States, these Conventions create binding obligations to implement their provisions. Recommendations provide guidance on policy, legislation, and practice. Since 1919, Conventions and Recommendations have been adopted covering practically all issues relating to the world of work. These include certain basic human rights (notably freedom of association, the right to organize and bargain collectively, the abolition of forced labour and child labour, and the elimination of discrimination in employment), labour administration, industrial relations, employment policy, working conditions, social security, occupational safety and health, employment of women, and employment of special categories such as migrant workers and seafarers. The ILO has established a supervisory procedure to ensure their application in law and practice. There is a special procedure to investigate complaints of infringement of freedom of association. The overall purpose of ILO technical cooperation is the implementation of the Decent Work agenda at a national level, assisting constituents to make this concept a reality for all men and women. Provides technical guidance on policy issues, and assistance in the design and implementation of development programmes.
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ILO Membership Criteria
183 countries Formed in 1919 for humanitarian, political and economic reasons
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Humanitarian Political Economic
- Increasing Worker exploitation and misery less acceptable Political - to forestall social unrest or revolution Economic - Social reform’s impact on the cost of production
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ILO STRUCTURE The ILO has a unique tripartite structure with workers and employers participating as equal partners with governments in the work of its governing organs. ILO Workers Employers Governments
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RESEARCH The International Institute for Labour Studies (IILS)
*Established to further a better understanding of labour issues through education and research; *Uses research networks, social policy forums, educational activities and publications to open up new perspectives for social policy; *Develop systematic exchanges between the ILO’s constituents and the external academic communities and practitioners; *Familiarize future social policy-makers with the processes of tripartite consultations and policy formulation The ILO International Institute for Labour Studies in Geneva promotes policy research and public discussion on emerging issues of concern to the ILO and its constituents – labour, business and government. The organizing theme of the Institute’s programmes is the notion of “decent work”. The Institute’s programmes seek to contribute to the development of the analytical and empirical foundations of decent work and a broader understanding of the policy instruments necessary to implement it in practice.
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Labour standards ILO Conventions and Recommendations
cover a broad range of subjects concerning work, employment, social security, social policy and related human rights. The ILO's supervisory bodies – the Committee of Experts on the Application of Conventions and Recommendations and the Conference Committee on the Application of Standards -- regularly examine the application of ILS in ILO member States. Representation and complaint procedures can be initiated against states that fail to comply with conventions they have ratified. A special procedure -- the Committee on Freedom of Association -- reviews complaints concerning violations of freedom of association, whether or not a member State has ratified the relevant conventions.
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Labour standards 2 International labour standards are universal instruments adopted by the international community and reflecting common values and principles on work-related issues member States can choose whether or not to ratify any conventions, but the ILO considers it important to keep track of developments in all countries, whether or not they have ratified them. Under article 19 of the ILO Constitution, member states are required to report at regular intervals, at the request of the Governing Body, on measures they have taken to give effect to any provision of certain conventions or recommendations, and to indicate any obstacles which have prevented or delayed the ratification of a particular convention.
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Complaints When a country refuses to fulfil the recommendations of a Commission of Inquiry, the Governing Body can take action under article 33 of the ILO Constitution. This provision states that "[i]n the event of any Member failing to carry out within the time specified the recommendations, if any, contained in the report of the Commission of Inquiry, or in the decision of the International Court of Justice, as the case may be, the Governing Body may recommend to the Conference such action as it may deem wise and expedient to secure compliance therewith." Article 33 was invoked for the first time in ILO history in 2000, when the Governing Body asked the International Labour Conference to take measures to lead Myanmar to end the use of forced labour. An article 26 complaint had been filed against Myanmar in 1996 for violations of the Forced Labour Convention (No. 29), 1930, and the resulting Commission of Inquiry found "widespread and systematic use" of forced labour in the country.
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Conventions Freedom of association, collective bargaining, and industrial relations 2. Forced labour 3. Elimination of child labour and protection of children and young persons 4. Equality of opportunity and treatment 5. Tripartite consultation 6. Labour administration and inspection 7. Employment policy and promotion 8. Vocational guidance and training 9. Employment security 10. Wages 11. Working time 12. Occupational safety and health 13. Social security 14. Maternity protection 15. Social policy 16. Migrant workers 17. Seafarers 18. Fishermen 19. Dockworkers 20. Indigenous and tribal peoples 21. Specific categories of workers 22. Final Articles Conventions
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Right to Organise and Collective Bargaining (98) 1949 Forced Labour
Declaration of fundamental principles and rights: Conventions that should be complied with even if not ratified Freedom of Association and Protection of the Right to Organise (Convention 87) 1948 Right to Organise and Collective Bargaining (98) 1949 Forced Labour Equal Remuneration Discrimination (Employment and Occupation) 1958 Minimum Age (138) 1973 Worst Forms of Child Labour (182) 1999
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Approaches to promoting international labour standards
International framework agreements negotiated, company specific, and non binding arrangements concluded between global union federations and MNEs Multilateral efforts through the ILO quasi-legal, non-company-specific approach to seeing standards, based on encouraging and supporting and supporting countries in their efforts to ratify and comply with ILO conventions Social clauses in trade agreements non-company specific approach involves inserting binding clauses that deal with labour standards into unilateral, bilateral, or multilateral trade agreements between different countries Multinational corporate codes of conduct unilateral, company-specific, and non-binding arrangements established by multinational companies designed to promote minimum labour standards in their supply chains. (Williams and Adam-Smith 2009) Library: Areas covered include labour relations, employment, child labour, social security, vocational training, women workers, working conditions and work-related aspects of economics, social development and technological change in countries around the world. Databases: ILO databases mainly electronic resources and are available in the following areas: country and regional information, Labour legislation, Labour statistics, Occupational safety, Social security, Terminology, Vocational training and rehabilitation and World of work.
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ILO CAREER OPPORTUNITIES
Professional Category General Services Category Associate Expert Programme Phelan Fellowship Programme Internships International Training Centre
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context Globalisation and the ‘race to the bottom’
Renewed interest in regulation of labour standards on international basis Voluntary efforts Critiques
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Key questions 1. What influences do you think ILO has on member states, employers & trade unions? 2. How effective do you think the ILO is in achieving its main strategic objectives? - promoting standards and fundamental principles and rights at work - creating greater opportunities for men and women to secure decent employment - enhancing the coverage and effectiveness of social protection for all - strengthening tripartism and social dialogue
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3. ‘Investment in developing countries by multinational companies leads to improvements in living standards by providing opportunities for paid employment that would otherwise not be available. Such investment should therefore be encouraged’ Discuss 4. What are the main strengths and weaknesses of voluntary codes of conduct as arrangements for delivering improvements in international labour standards.
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ILO Convention 121 The Employment Injuries Benefits Convention, (No.121) provides rules for the adoption of national legislation on benefits in the case of industrial accidents and occupational diseases. By November 2008, 24 countries have ratified the convention.
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ILO Webpage http://www.ilo.org/global/lang--en/index.htm
Next week: Week 7 – reading week Week 8 – Rana Plaza – guest: Dr. Doug Miller
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