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Anjara Irina RAZAFINDRABE
Andrianina ANDRIANOMENJANAHARY
• Understand what International Labour Standards (ILS)
  are and how they are created and supervised
• Introduce the International Labour Organisation
  Fundamental (Core) Conventions
• Introduce the principles of universality and flexibility of
  ILS
• Outline the use and application of ILS
• International Labour Organization maintains and
  develops a system of International Labour Standards
  (ILS)
• ILS aim to promote opportunities for men and women to
  obtain decent and productive work in conditions of
  freedom, equity, security and dignity.
• The ILO asserts that International Labour Standards
  are essential component for ensuring that the growth of
  the global economy provides benefits to all.
• what are international labour standards?
• How are they created; applied; and supervised?
• ILS are legal instruments drawn up by the ILO’s
  constituents (governments, employers and
  workers) setting out basic principles and rights at
  work.
• ILS take two forms:
  • conventions, which are legally binding international treaties that
    may be ratified by member states,
  • recommendations, which serve as non-binding guidelines.
• In many cases, a convention lays down the basic
  principles to be implemented by ratifying countries, while
  a related recommendation supplements the convention
  by providing more detailed guidelines on how it could be
  applied.
• Recommendations can also be autonomous, i.e: not
  linked to any convention.
• International Labour Standards (both conventions and
  recommendations) are drawn up by representatives of
  governments, employers and workers and are adopted at
  the ILO’s annual International Labour Conference.
• Once adopted, a standard have to be submitted by the
  member states to their competent authority (normally the
  parliament) for consideration.
• Ratification of ILO conventions are voluntary.
• Ratification is a formal procedure whereby a state
  accepts the convention as a legally binding instrument. A
  country is subject to the ILO’s regular supervisory system
  responsible for ensuring that ratified conventions are
  applied.
Let’s look at two special categories of ILS


• Fundamental (Core Conventions)
• Priority Conventions
• Eight ILO conventions (covering four labour standards –
  known as the Fundamental (or Core) Labour Standards) -
  are designated as “Fundamental”.
• They are legally binding upon members by virtue of
  membership in the ILO, regardless of ratification.
• They came into being through the 1998 “ILO Declaration
  on Fundamental Principles and Rights at Work”
These 8 conventions (4 standards) are:
• freedom of association (Conv. No. 87) and the effective
  recognition of the right to collective bargaining (Conv.
  No. 98)
• the elimination of all forms of forced or compulsory
  labour (Conv No. 29 and 105)
• the effective abolition of child labour (Conv. No 138,
  182)

• The elimination of discrimination in respect of
  employment and occupation (Conv. No. 100, 111)
• There are currently over 1,290 ratifications of these
  conventions,
• This represents 88.5% of the possible number of
  ratifications.
• Four ILO Conventions (covering 3 standards) are
  designated as “priority” instruments because of
  their importance to the functioning of the
  international labour standards system.
• They cover:
  • Labour Inspection (No. 81 and No 129 for Agriculture)
  • Tripartite Consultation – Government, Employers
    organizations and Workers’ organizations (No. 144)
  • Employment Policy (No. 122)
•   Freedom of Association,         •   Wages
    Collective Bargaining, and      •   Working Time
    Industrial Relations
                                    •   Occupational Safety and
•   Elimination Forced Labour           Health
•   Abolition of Child Labour and   •   Social Security
    Protection of Children and
    Young Persons                   •   Maternity Protection
•   Equality of Opportunity and     •   Social Policy
    Treatment                       •   Migrant Workers
•   Tripartite Consultation         •   Seafarers
•   Labour Administration and       •   Fishermen
    Inspection                      •   Dockworkers
•   Employment Policy and           •   Indigenous and Tribal
    Promotion                           Peoples
•   Vocational Guidance and         •   Specific Categories of
    Training                            Workers
•   Employment Security
• It all starts from a growing international concern
  on which action is needed to be taken,
   Example: providing working women with maternity
   protection, or ensuring safe working conditions for
   agricultural workers, etc.


• ILS are developed through a unique tripartite
  legislative process involving representatives of
  governments, workers and employers from
  around the world.
• Problem is identified;  placed on the agenda of a future
  International Labour Conference (ILC);  a report on the
  problem is prepared and circulated  problem is
  discussed at the International Labour Conference. 
  comments taken  second report prepared for the
  following Conference  necessary amendments made
   adoption by a two-thirds majority of votes.
• This “double discussion” gives Conference participants
  sufficient time to examine the draft instrument and make
  comments on it.
• Standards are adopted by a two-thirds majority –
  hence are expression of universally
  acknowledged principles.
• standards are flexible enough to be translated
  into national law and practice with due
  consideration to members’ diversity (cultural and
  institutional, legal, and economic).
  • For example, standards on minimum wages do not set
    a specific universal minimum wage; it requires each
    country to establish a system and the machinery to fix
    minimum wage rates appropriate to its level of
    development.
• At present there are 188 conventions and 199
  recommendations, some dating back as far as 1919.
• To maintain relevance of standards to today’s challenges,
  the ILO adopts revising conventions that replace older
  ones, or protocols which add new provisions to older
  conventions.
• The International Labour Conference may also approve
  the withdrawal of recommendations or conventions
  which have not entered into force.
• Between 1995 and 2002 the Governing Body
  reviewed all ILO standards adopted before 1985,
  the decision:
  • 71 conventions – including the fundamental and priority
    conventions and those adopted after 1985 – were
    designated as being “up-to-date” and recommended for
    active promotion.
  • Of the remaining standards, some needed to be
    revised, some had an interim status, some were
    outdated, and some others require further information
    and study.
• In 1997 the ILO Constitution was amended to
  allow abrogation of a convention in force if
  recognized as obsolete by two-thirds vote of
  delegates in International Labour Conference.
• for drafting and implementing labour law in
  conformity with internationally accepted
  standards.
• As sources of international law applied at the
  national level (e.g. in courts to decide cases on
  which national law is inadequate or silent)
• As guideline for social policy such as
  employment policies; social security
  administration systems and for systems of labour
  dispute resolution
• In trade agreements to protect and/or promote
  labour rights
• As guides or principles for socially-responsible
  enterprise practices
Standards of international labour

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Standards of international labour

  • 2. • Understand what International Labour Standards (ILS) are and how they are created and supervised • Introduce the International Labour Organisation Fundamental (Core) Conventions • Introduce the principles of universality and flexibility of ILS • Outline the use and application of ILS
  • 3.
  • 4.
  • 5. • International Labour Organization maintains and develops a system of International Labour Standards (ILS) • ILS aim to promote opportunities for men and women to obtain decent and productive work in conditions of freedom, equity, security and dignity. • The ILO asserts that International Labour Standards are essential component for ensuring that the growth of the global economy provides benefits to all.
  • 6. • what are international labour standards? • How are they created; applied; and supervised?
  • 7. • ILS are legal instruments drawn up by the ILO’s constituents (governments, employers and workers) setting out basic principles and rights at work. • ILS take two forms: • conventions, which are legally binding international treaties that may be ratified by member states, • recommendations, which serve as non-binding guidelines.
  • 8. • In many cases, a convention lays down the basic principles to be implemented by ratifying countries, while a related recommendation supplements the convention by providing more detailed guidelines on how it could be applied. • Recommendations can also be autonomous, i.e: not linked to any convention.
  • 9. • International Labour Standards (both conventions and recommendations) are drawn up by representatives of governments, employers and workers and are adopted at the ILO’s annual International Labour Conference. • Once adopted, a standard have to be submitted by the member states to their competent authority (normally the parliament) for consideration.
  • 10. • Ratification of ILO conventions are voluntary. • Ratification is a formal procedure whereby a state accepts the convention as a legally binding instrument. A country is subject to the ILO’s regular supervisory system responsible for ensuring that ratified conventions are applied.
  • 11. Let’s look at two special categories of ILS • Fundamental (Core Conventions) • Priority Conventions
  • 12. • Eight ILO conventions (covering four labour standards – known as the Fundamental (or Core) Labour Standards) - are designated as “Fundamental”. • They are legally binding upon members by virtue of membership in the ILO, regardless of ratification. • They came into being through the 1998 “ILO Declaration on Fundamental Principles and Rights at Work”
  • 13. These 8 conventions (4 standards) are: • freedom of association (Conv. No. 87) and the effective recognition of the right to collective bargaining (Conv. No. 98) • the elimination of all forms of forced or compulsory labour (Conv No. 29 and 105) • the effective abolition of child labour (Conv. No 138, 182) • The elimination of discrimination in respect of employment and occupation (Conv. No. 100, 111)
  • 14. • There are currently over 1,290 ratifications of these conventions, • This represents 88.5% of the possible number of ratifications.
  • 15. • Four ILO Conventions (covering 3 standards) are designated as “priority” instruments because of their importance to the functioning of the international labour standards system. • They cover: • Labour Inspection (No. 81 and No 129 for Agriculture) • Tripartite Consultation – Government, Employers organizations and Workers’ organizations (No. 144) • Employment Policy (No. 122)
  • 16. Freedom of Association, • Wages Collective Bargaining, and • Working Time Industrial Relations • Occupational Safety and • Elimination Forced Labour Health • Abolition of Child Labour and • Social Security Protection of Children and Young Persons • Maternity Protection • Equality of Opportunity and • Social Policy Treatment • Migrant Workers • Tripartite Consultation • Seafarers • Labour Administration and • Fishermen Inspection • Dockworkers • Employment Policy and • Indigenous and Tribal Promotion Peoples • Vocational Guidance and • Specific Categories of Training Workers • Employment Security
  • 17. • It all starts from a growing international concern on which action is needed to be taken, Example: providing working women with maternity protection, or ensuring safe working conditions for agricultural workers, etc. • ILS are developed through a unique tripartite legislative process involving representatives of governments, workers and employers from around the world.
  • 18. • Problem is identified;  placed on the agenda of a future International Labour Conference (ILC);  a report on the problem is prepared and circulated  problem is discussed at the International Labour Conference.  comments taken  second report prepared for the following Conference  necessary amendments made  adoption by a two-thirds majority of votes. • This “double discussion” gives Conference participants sufficient time to examine the draft instrument and make comments on it.
  • 19.
  • 20. • Standards are adopted by a two-thirds majority – hence are expression of universally acknowledged principles. • standards are flexible enough to be translated into national law and practice with due consideration to members’ diversity (cultural and institutional, legal, and economic). • For example, standards on minimum wages do not set a specific universal minimum wage; it requires each country to establish a system and the machinery to fix minimum wage rates appropriate to its level of development.
  • 21. • At present there are 188 conventions and 199 recommendations, some dating back as far as 1919. • To maintain relevance of standards to today’s challenges, the ILO adopts revising conventions that replace older ones, or protocols which add new provisions to older conventions. • The International Labour Conference may also approve the withdrawal of recommendations or conventions which have not entered into force.
  • 22. • Between 1995 and 2002 the Governing Body reviewed all ILO standards adopted before 1985, the decision: • 71 conventions – including the fundamental and priority conventions and those adopted after 1985 – were designated as being “up-to-date” and recommended for active promotion. • Of the remaining standards, some needed to be revised, some had an interim status, some were outdated, and some others require further information and study. • In 1997 the ILO Constitution was amended to allow abrogation of a convention in force if recognized as obsolete by two-thirds vote of delegates in International Labour Conference.
  • 23. • for drafting and implementing labour law in conformity with internationally accepted standards. • As sources of international law applied at the national level (e.g. in courts to decide cases on which national law is inadequate or silent) • As guideline for social policy such as employment policies; social security administration systems and for systems of labour dispute resolution • In trade agreements to protect and/or promote labour rights • As guides or principles for socially-responsible enterprise practices