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Trade Union Training on Social Security and Social Protection INTRODUCTION TO INTERNATIONAL LABOUR STANDARDS Turin, 5 May 2004.

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Presentation on theme: "Trade Union Training on Social Security and Social Protection INTRODUCTION TO INTERNATIONAL LABOUR STANDARDS Turin, 5 May 2004."— Presentation transcript:

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2 Trade Union Training on Social Security and Social Protection INTRODUCTION TO INTERNATIONAL LABOUR STANDARDS Turin, 5 May 2004

3 INTERNATIONAL LABOUR ORGANIZATION

4 was created in 1919 is a United Nations specialised agency has 177 member States is the only worldwide organization founded on a tripartite structure

5 enables the representatives of workers and employers to participate on an equal footing with those of governments in all discussions and decision-making PRINCIPLE OF TRIPARTISM lies at the heart of the ILO

6 4 delegates per member State International Labour Conference Governing Body International Labour Office 1 workers’ delegate 1 employers’ delegate 2 governments delegates 14 workers’ representatives 14 employers’ representatives 28 governments representatives STRUCTURESTRUCTURE

7 standard-setting activities technical cooperation research and information MEANS OF ACTION elaboration and adoption of international labour standards supervision of member States application of international labour standards promotion of the objectives established by international labour standards

8 STRATEGIC OBJECTIVES standards and fundamental principles and rights at work employment social protection social dialogue

9 INTERNATIONAL LABOUR STANDARDS

10 Employment Social policy Basic human rights Industrial relations Social security Employment of women Labour administration Conditions of work Employment of children and young persons Migrant workers Indigenous and tribal people Other special categories of workers CLASSIFICATIONCLASSIFICATION

11 are international treaties when ratified, are legally binding if not ratified, could represent legal objectives and influence national legislation are technical or promotional 185 Conventions (as of today) Conventions Recommandations are not open to ratification are not legally binding provide technical or general guidelines on national policy and practice 194 Recommendations (as of today) FORMSFORMS

12 universality flexibility tripartism adaptability CHARACTERISTICSCHARACTERISTICS realism

13 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) FUNDAMENTAL CONVENTIONS

14 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 DOUBLE-DISCUSSION PROCEDURE

15 obligation to submit all Conventions and Recommendations to the competent national authorities, in the 12 months or, exceptionally, 18 months following the adoption Article 19 of the ILO Constitution obligation to inform the Director-General on the measures taken to submit the instruments obligation to send copies of the information on submission to the most representative workers’ and employers’ organizations SUBMISSIONSUBMISSION Article 19, paragraphs 5, 6 and 7 of the ILO Constitution Article 23, paragraph 2 of the ILO Constitution

16 is the formal commitment by a member State to be bound by the provisions of a Convention under international law is a political decision cannot involve reservations consequences: 1. implementation of the Convention, both in law and in practice 2. exposure to supervisory mechanisms RATIFICATIONRATIFICATION

17 SYSTEMS OF SUPERVISION

18 regular system of supervision special systems of supervision involve cases of specific allegations of violations against a member State based on the ratification of a Convention and a reporting obligation on its application

19 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

20 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) PERIODICITYPERIODICITY

21 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

22 COMMITTEE OF EXPERTS ON THE APPLICATION OF CONVENTIONS AND RECOMMENDATIONS COMMITTEE OF EXPERTS ON THE APPLICATION OF CONVENTIONS AND RECOMMENDATIONS independent, impartial and objectives 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

23 CONFERENCE COMMITTE ON THE APPLICATION OF STANDARDS 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

24 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 February Observations published in its Report Social partners’ comments INTERNATIONAL LABOUR OFFICE March June

25 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 procedure allegations may be brought against member States even if they have not ratified the Convention concerned both require that the Convention concerned be ratified

26 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)

27 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

28 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


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