1. 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
International Training Centre of the ILO

2. 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
International Training Centre of the ILO

3. The forms of Social Dialogue
Bipartite
Tripartite
Tripartite +
International Training Centre of the ILO

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

5. 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
International Training Centre of the ILO

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

7. 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
International Training Centre of the ILO

8. 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 …
International Training Centre of the ILO

9. 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
International Training Centre of the ILO

10. 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
International Training Centre of the ILO

11. 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)

12. 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

13. 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

14. 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.

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

16. 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

17. 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

18. 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.

19. 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

20. 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.

21. 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

22. 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.

23. 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

24. 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.

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

26. 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)
International Training Centre of the ILO