1. Global Framework Agreements and Transnational Collective Bargaining
ITCILO, Turin, 15 September 2017
Ruwan Subasinghe ITF Legal

2. Overview Enforceability of GFAs Transnational collective bargaining
Future of cross-border social dialogue

3. Enforceability of GFAs
How are GFAs enforced/implemented?
What is the legal status of GFAs?
What does silence on legal status imply?
UNI/G4S/GMB GFA:
“…no part of the agreement is legally enforceable...”

4. Enforceability of GFAs
GFAs generally viewed through soft law lens
We should not assume that GFAs are not legally enforceable
Significant obstacles to enforcement

5. Enforceability of GFAs Obstacles and Opportunities
Applicable law
Jurisdiction
Direct enforceability under national labour law? Are GFAs CBAs? Contracts? Can third parties seek redress?
Canada
United States
Germany

6. Enforceability of GFAs Obstacles and Opportunities
Indirect enforceability under national law
National collective agreements
Employment law/implied obligations
Consumer protection law
Fraud and misrepresentation
Competition law
ILO dispute settlement/enforcement?

7. Enforceability of GFAs Solutions (?)
Governing law/jurisdiction clause(s)
Clear legal standing of signatories
Bridging term in national CBAs and/or employment contracts
Is legal enforceability of GFAs desirable?

8. Transnational Collective Bargaining International Bargaining Forum
Ship owners (employers) disagree with ITF view of Flags of Convenience shipping
Previously responded in the following ways:
Ignore
Take legal action
“Duck and dive”
Regulate
Placate
Negotiate?
IBF created by ITF and Joint Negotiating Group of maritime employers

9. IBF Collective Agreement
Set working hours and guaranteed overtime
Minimum leave entitlement
Dock work clause
Compensation for Death and Disability
Maternity pay
Repatriation
Medical treatment
Sick pay

10. IBF Collective Agreement
Consent and extra pay for warlike operations
Dispute resolution procedure
Welfare Fund
Sustained partnership

11. Transnational Collective Bargaining Albacora CBA
Albacora/ITF/UGT CBA protects company’s 700 non-EU fishers in line with international labour laws and cements their right to union representation
Standards agreed are above the minimum requirements outlined by ILO C188
CBA guarantees wages, formalises compensation rights in the case of injury or death, specifies contractual periods and rights to repatriation

12. Future of Transnational Social Dialogue
International Regulatory Efforts
ILO Decent Work in Supply Chains Convention?
UN Binding Treaty on Business and Human Rights
[Optional] framework for transnational collective bargaining
Next generation of GFAs

13. Q&A
Thank you!
@ruwansubasinghe