1. .
INTERNATIONAL LABOUR STANDARDS CONCERNING LABOUR INSPECTION Lejo Sibbel Senior Specialist, International Labour Standards and Labour Law ILO Decent Work Team, Eastern Europe and Central Asia, Moscow

2. Introduction to the ILO
ORIGINS OF THE ILO
16 September, 2003
WHEN?
1919 (TREATY OF VERSAILLES, END WW I)
SAME TIME AS LEAGUE OF NATIONS
(PREDECESSOR OF THE UN)
WHY?
HUMANITARIAN: EFFECTS OF INDUSTRIALIZATION
POLITICAL: EFFECTS OF RUSSIAN REVOLUTION
ECONOMIC: EFFECTS OF NATIONAL REGULATION OF LABOUR ISSUES ON COMPETITIVE POSITION OF COUNTRIES

3. Introduction to the ILO
ORIGINS OF THE ILO
16 September, 2003
1946:
ILO FIRST SPECIALIZED ORGANISATION OF THE UN
1969:
ILO RECEIVES NOBEL PEACE PRIZE
2018:
187 MEMBER STATES

4. Introduction to the ILO
16 September, 2003
ILO TRIPARTISM

5. CONTEMPORARY VISION
2008 ILO DECLARATION ON SOCIAL JUSTICE FOR A FAIR GLOBALIZATION
Places concept of “Decent Work” at the center of economic and social policies
Decent Work - four strategic objectives
Employment
Social protection
Social dialogue and tripartism
Fundamental principles and rights at work

6. Introduction to the ILO
16 September, 2003
MEANS OF ACTION
STANDARD-SETTING
TECHNICAL CO-OPERATION

7. INTERNATIONAL LABOUR STANDARDS
Introduction to the ILO
16 September, 2003
INTERNATIONAL LABOUR STANDARDS
CONVENTIONS (189)
LEGALLY BINDING WHEN RATIFIED
RECOMMENDATIONS (205)
GENERAL OR TECHNICAL GUIDELINES

8. Introduction to the ILO
16 September, 2003
CONVENTIONS BY TYPE
8 FUNDAMENTAL CONVENTIONS
4 GOVERNANCE (PRIORITY) CONVENTIONS
177 TECHNICAL CONVENTIONS (OSH, SOCIAL SECURITY, SEAFARERS, MIGRANT WORKERS, ETC.)

9. Introduction to the ILO
16 September, 2003
REGIONAL OVERVIEW – ALL Cs
Arm
Aze
Bel
Geo
Kaz
Kyr
Rus
Taj
Tur
Uzb
Total 29 58 49 18 24 53 75 50 9 14
Fundamental 8
Governance 3 4 2 - 1
Technical 46 38 12 42 64 39 5
Latest
2006
2016
2004
2018
2015
2008
2017
2014
Last 5 years 6 7

10. ILO SUPERVISORY SYSTEM
Introduction to the ILO
16 September, 2003
ILO SUPERVISORY SYSTEM
Purpose: To create a dialogue between the ILO and Governments with the aim to ensure full application of Conventions and Recommendations in law and practice.
Output of supervision offers guidance for national action:
Legislation
Judicial practices and systems
Administrative practices and systems
Collective agreements
Advocacy tools
Basis for ILO technical cooperation – Particularly relevant within framework of CAS discussions

11. ILO SUPERVISORY SYSTEM Two Pillars
Introduction to the ILO
16 September, 2003
ILO SUPERVISORY SYSTEM Two Pillars
The Committee of Experts on the Application of Conventions and Recommendations – CEACR
20 independent and impartial experts
Technical examination of the application, in law and practice, of Conventions and Recommendations through different mechanisms.
The Committee on the Application of Standards of the International Labour Conference – CAS
Tripartite body
Provides opportunity for the representatives of governments, employers and workers to examine together the manner in which States are fulfilling their standards-related obligations.

12. ILO STANDARDS CONCERNING LABOUR INSPECTION
Introduction to the ILO
16 September, 2003
ILO STANDARDS CONCERNING LABOUR INSPECTION

13. LI – RELEVANT STANDARDS
Introduction to the ILO
16 September, 2003
LI – RELEVANT STANDARDS
C081 - Labour Inspection Convention, 1947 (No. 81)
P081 - Protocol of 1995 to the Labour Inspection Convention, 1947
C129 - Labour Inspection (Agriculture) Convention, 1969 (No. 129)
C150 - Labour Administration Convention, 1978 (No. 150)

14. Introduction to the ILO
16 September, 2003
REGIONAL OVERVIEW – LI Cs
Arm
Aze
Bel
Geo
Kaz
Kyr
Rus
Taj
Tur
Uzb
C. 81 + --
P. 81
C. 129
C. 150
Total 2 3 1

15. Introduction to the ILO
16 September, 2003
C81 – SYSTEM AND ROLE OF LI
AIM: FOR RATIFYING STATES TO MAINTAIN A SYSTEM OF LABOUR INSPECTION IN INDUSTRY AND COMMERCE
(C129 covers agriculture and P81 non-commercial activities)
ROLE OF LABOUR INSPECTION (Art. 3.1)
ENFORCEMENT OF LEGAL PROVISIONS
SUPPLY TECHNICAL ADVICE TO E AND W
IDENTIFY ISSUES NOT COVERED BY LAW (LEGAL DEVELOPMENT)

16. POWERS OF LABOUR INSPECTORS (Art. 12)
Introduction to the ILO
16 September, 2003
POWERS OF LABOUR INSPECTORS (Art. 12)
To enter freely and without previous notice at any hour of the day or night any workplace.
To carry out any examination, test or enquiry
To interrogate, alone or in the presence of witnesses, the employer or the staff
To examine documents and take samples
To issue orders with a view to remedying defects and to decide whether it is appropriate to give a warning and provide advice, or to launch or recommend legal action.

17. Introduction to the ILO
16 September, 2003
SANCTIONS (Arts. 17and 18)
VIOLATIONS OF LEGAL PROVISIONS: LIABLE TO PROMPT LEGAL PROCEEDINGS
DISCRETIONARY POWER TO GIVE WARNING AND ADVICE INSTEAD OF INITIATING LEGAL PROCEEDINGS
ADEQUATE PENALTIES FOR VIOLATIONS AND FOR OBSTRUCTIN LABOUR INSPECTORS IN PERFORMANCE OF DUTIES

18. Introduction to the ILO
16 September, 2003
SANCTIONS - PRACTICE
Sanctions are complementary to the overall purpose of promoting compliance with labour legislation
Sanctions must be effectively applied and enforced
Sanctions must be designed, implemented and administrated in a coherent manner
Sanctions must be progressive, according to the increased severity of labour law violations

19. NEGATIVE REGIONAL TREND
2017 CAS LONG LIST (C81)
2017 CAS SHORT LIST (C81)
ARMENIA, CONGO, INDIA, QATAR, UKRAINE
UKRAINE AND INDIA
2018 CAS LONG LIST (C81)
2018 CAS SHORT LIST (C81)
MOLDOVA, PAKISTAN, UKRAINE
MOLDOVA AND UKRAINE

20. Introduction to the ILO
16 September, 2003
THANK YOU!