Trade Union Training on Social Security and Social Protection

INTRODUCTION TO INTERNATIONAL INTRODUCTION TO INTERNATIONAL LABOUR STANDARDSLABOUR STANDARDS

Turin, 5 May 2004

INTERNATIONAL LABOUR ORGANIZATIONINTERNATIONAL LABOUR ORGANIZATIONINTERNATIONAL LABOUR ORGANIZATIONINTERNATIONAL LABOUR ORGANIZATION

INTERNATIONAL LABOUR ORGANIZATIONINTERNATIONAL LABOUR ORGANIZATIONINTERNATIONAL LABOUR ORGANIZATIONINTERNATIONAL LABOUR ORGANIZATION

was created in 1919

is a United Nations specialised agency

has 177 member States

is the only worldwide organization founded on a tripartite structure

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 TRIPARTISMPRINCIPLE OF TRIPARTISMPRINCIPLE OF TRIPARTISMPRINCIPLE OF TRIPARTISM

lies at the heart of the ILO

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

STRUCTURESTRUCTURESTRUCTURESTRUCTURE

standard-setting activities

technical cooperation

research and information

MEANS OF ACTIONMEANS OF ACTIONMEANS OF ACTIONMEANS 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

STRATEGIC OBJECTIVESSTRATEGIC OBJECTIVESSTRATEGIC OBJECTIVESSTRATEGIC OBJECTIVES

standards and fundamental principles and rights at work

employment

social protection

social dialogue

INTERNATIONAL LABOUR STANDARDSINTERNATIONAL LABOUR STANDARDSINTERNATIONAL LABOUR STANDARDSINTERNATIONAL LABOUR STANDARDS

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

CLASSIFICATIONCLASSIFICATIONCLASSIFICATIONCLASSIFICATION

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)

FORMS FORMS FORMS FORMS

universality

flexibility

tripartism

adaptability

CHARACTERISTICSCHARACTERISTICSCHARACTERISTICSCHARACTERISTICS

realism

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 CONVENTIONSFUNDAMENTAL CONVENTIONSFUNDAMENTAL CONVENTIONSFUNDAMENTAL CONVENTIONS

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 PlenaryADOPTION

Participation

Participation

Governments Consultation

ILO Office III Report

ILO Office IV Report

ILO Office II Report

ILO Office I Report

DOUBLE-DISCUSSION PROCEDUREDOUBLE-DISCUSSION PROCEDUREDOUBLE-DISCUSSION PROCEDUREDOUBLE-DISCUSSION PROCEDURE

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

SUBMISSIONSUBMISSIONSUBMISSIONSUBMISSION

Article 19, paragraphs 5, 6 and 7 of the ILO Constitution

Article 23, paragraph 2 of the ILO Constitution

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

RATIFICATIONRATIFICATIONRATIFICATIONRATIFICATION

SYSTEMS OF SUPERVISIONSYSTEMS OF SUPERVISIONSYSTEMS OF SUPERVISIONSYSTEMS OF SUPERVISION

SYSTEMS OF SUPERVISIONSYSTEMS OF SUPERVISIONSYSTEMS OF SUPERVISIONSYSTEMS OF SUPERVISION

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

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 SUPERVISIONREGULAR SYSTEM OF SUPERVISIONREGULAR SYSTEM OF SUPERVISIONREGULAR SYSTEM OF SUPERVISION

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)

PERIODICITYPERIODICITYPERIODICITYPERIODICITY

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 REPORTSDETAILED/SIMPLIFIED REPORTSDETAILED/SIMPLIFIED REPORTSDETAILED/SIMPLIFIED REPORTS

if the CEACR or the Conference expressly ask for a detailed report

when important changes occur in the application of the Convention

COMMITTEE OF EXPERTS ON THE APPLICATION OF COMMITTEE OF EXPERTS ON THE APPLICATION OF CONVENTIONS AND RECOMMENDATIONSCONVENTIONS AND RECOMMENDATIONS

COMMITTEE OF EXPERTS ON THE APPLICATION OF COMMITTEE OF EXPERTS ON THE APPLICATION OF CONVENTIONS AND RECOMMENDATIONSCONVENTIONS 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

CONFERENCE COMMITTE ON THE APPLICATION OF CONFERENCE COMMITTE ON THE APPLICATION OF STANDARDSSTANDARDS

CONFERENCE COMMITTE ON THE APPLICATION OF CONFERENCE COMMITTE ON THE APPLICATION OF STANDARDSSTANDARDS

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

ART. 22 REPORTING PROCEDUREART. 22 REPORTING PROCEDUREART. 22 REPORTING PROCEDUREART. 22 REPORTING PROCEDURE

COMMITTEE OF EXPERTS THE APPLICATION OF COMMITTEE OF EXPERTS THE APPLICATION OF CONVENTIONS AND RECOMMENDATIONSCONVENTIONS AND RECOMMENDATIONS

Direct requestssent to the government and the social

partners in the country concerned

CONFERENCE COMMITTEE ON THE APPLICATION STANDARDSCONFERENCE COMMITTEE ON THE APPLICATION STANDARDS

Report submitted to the plenary sitting of theINTERNATIONAL LABOUR CONFERENCEINTERNATIONAL LABOUR CONFERENCE

Governments’information and reports

1st June – 1st September

June

November &

December

FebruaryObservations

published in its Report

Social partners’ comments

INTERNATIONAL LABOUR OFFICEINTERNATIONAL LABOUR OFFICE

March

June

SPECIAL SYSTEMS OF SUPERVISIONSPECIAL SYSTEMS OF SUPERVISIONSPECIAL SYSTEMS OF SUPERVISIONSPECIAL 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

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)REPRESENTATION (ART. 24)REPRESENTATION (ART. 24)REPRESENTATION (ART. 24)

ART. 24 REPRESENTATION PROCEDUREART. 24 REPRESENTATION PROCEDUREART. 24 REPRESENTATION PROCEDUREART. 24 REPRESENTATION PROCEDURE

AD HOCAD HOC TRIPARTITETRIPARTITE COMMITTEECOMMITTEEreport with conclusions and recommendations

Workers’ or employers’ organization

COMMITTEE ON FOACOMMITTEE ON FOAif the representation

involves FOA

GOVERNING BODYGOVERNING BODYdecides on receivability

INTERNATIONAL LABOUR OFFICE

decides whether to publishthe representation and any

government reply

the decision is communicated to the organization and government concerned

GOVERNING BODYGOVERNING BODYexamines the report and deliberates

ART. 26 COMPLAINT PROCEDUREART. 26 COMPLAINT PROCEDUREART. 26 COMPLAINT PROCEDUREART. 26 COMPLAINT PROCEDURE

International Labour Conference delegate

Governing Body ex officioAny ratifying member

State

GOVERNING BODYGOVERNING BODY

COMMISSION OF INQUIRYCOMMISSION OF INQUIRYreport including findings and recommendations

GOVERNING BODYGOVERNING BODY

if the government accepts the recommendations

if the government does not accept the recommendations

CEACRCEACRfollows up on the implementation

of the recommendations

may refer the complaint to theICJICJ

for a final decision