Week 6

• The International Labour Organization (ILO) is a specialized agency of the United Nations with 187 members, focusing on labor standards and social protection
• Tripartite Organization means that the ILO comprises governments', employers', and workers' representatives
• The ILO's three main bodies are the International Labour Conference, the Governing Body, and the International Labour Office
• The International Labour Conference sets international labor standards and policies, meeting annually in Geneva with delegations from each member state
• The Governing Body, composed of 56 titular members and 66 deputy members, makes decisions on ILO policy and budget, meeting three times a year in Geneva
• The International Labour Office, under the Director-General, is the permanent secretariat of the ILO, aiding by tripartite committees and regional meetings
• International labor standards are established through a tripartite process within the ILO, involving governments, employers, and workers' representatives
• The ILO's International Labour Conference is the main forum for setting international labor standards, with Conventions being legally binding treaties and Recommendations providing non-binding guidelines
• Member states use international labor standards by incorporating them into national laws, developing policies, reporting to the ILO, and engaging in tripartite consultations
• The ILO provides technical assistance, raises awareness, monitors compliance, and helps build the capacity of member states in applying international labor standards
• International labor standards are established through a collaborative process within the ILO, used by member states to shape their labor policies and laws, applied through legal and policy frameworks, and promoted through a combination of technical assistance, awareness-raising, and monitoring efforts to ensure decent work and social justice on a global scale
• The ILO helps member states build the capacity of their labor institutions to enforce and promote international labor standards effectively
• The ILO conducts research on labor-related issues and collects data to support evidence-based policymaking and to further promote international labor standards
• Instruments like the Universal Declaration of Human Rights and the International Covenants on Civil and Political Rights and Economic, Social and Cultural Rights are part of the international legal framework concerning labor rights
• The EU Generalized System of Preferences (GSP) removes import duties from products coming into the EU market from vulnerable developing countries, but benefits might be withdrawn for countries not complying with the 8 ILO fundamental Conventions
• The United States-Mexico-Canada Agreement (USMCA) prohibits imports of goods made by forced labor and includes commitments related to violence against workers, migrant worker protections, and workplace discrimination
• Codes of conduct of multinational corporations are also considered as instruments in the promotion of international labor standards
• Regional laws such as the American Convention on Human Rights, African Charter of Human and People’s Rights, Arab Charter on Human Rights, ASEAN Human Rights Declaration, and various laws in Europe including those of the European Union and the Council of Europe, contribute to labor rights
• Domestic laws concerning labor rights include constitutions, statutory regulations like the Worker’s statute in Spain and the Labour code in France, employment contracts, collective agreements, and case law from national and supranational courts
• The principle of reality in international labor law emphasizes recognizing and protecting the true nature of the employment relationship over its formal characterization, to prevent employers from disguising employment relationships to evade labor laws and deny workers their rights and protections
• Indicators of the existence of an employment relationship include subordination, payment method, control over work, and the provision of tools and equipment
• The International Labour Organization (ILO) has specific instruments like the Termination of Employment Convention (No. 158) that address the termination of employment, including valid reasons for termination, period of notice, and procedural requirements
• Termination under Art. 4 of ILO Convention No. 158 requires a valid reason, with invalid reasons including union membership, seeking office as a worker representative, and discrimination based on various factors
• A worker is entitled to a reasonable period of notice or compensation in lieu thereof when his/her employment contract is terminated, unless the employee is guilty of serious misconduct
• Procedural requirements before termination include providing warnings, the right to be heard, and written notification of the termination, with the right to appeal against an unjustifiable termination at an impartial body
• A wrongful dismissal is a dismissal in breach of contract, and remedies can include reinstatement with back-pay or compensation
• Collective dismissal requires a valid reason, procedural conditions, information and consultation with workers, and notification to the competent authorities
• Traditional view: any rules that benefit workers cost money which in turn reduce a country’s comparative advantage and affects its international competitiveness
• Governments can therefore create an international legal framework that promotes/requires changes in domestic law so that no country is disadvantaged – LEVEL PLAYING FIELD

  
• The International Labour Organisation (ILO) was established by the Treaty of Versailles in 1919 as part of the League of Nations.
• The ILO's main functions are to develop and oversee international labour conventions and recommendations, monitor compliance with these instruments, and provide technical cooperation and capacity building support to countries.
• • Regular system: Reviews periodic reports by Member States on implementation measures.
• • Special procedures: Includes representation, complaints, and a special procedure for freedom of association.
• Regular supervision involves two ILO bodies examining reports on law and practice sent by member States, along with input from workers’ and employers’ organizations:

  1. The Committee of Experts on the Application of Conventions and Recommendations
  2. The International Labour Conference’s Tripartite Committee on the Application of Conventions and Recommendations 
• • The Committee of Experts on the Application of Conventions and Recommendations comprises 20 jurists appointed by the Governing Body for three-year terms. It evaluates the application of international labor standards impartially and technically.
• • The International Labour Conference’s Tripartite Committee on the Application of Conventions and Recommendations is a standing committee composed of government, employer, and worker delegates.
  • It reviews the reports of the Committee of Experts in a tripartite setting, discusses selected observations, and may recommend steps for governments to address issues or request ILO missions or technical assistance.
  • Also, The Conference Committee's discussions and conclusions are published in its report.
• ILO Special Representation Procedure:

  • Governed by Articles 24 and 25 of the ILO Constitution.
  • Employer or worker associations can lodge representations against member States not enforcing Conventions.
  • Tripartite committee assesses representations and government responses.
  • Committee's report includes legal aspects, recommendations, and may involve the Committee of Experts or complaints.
  • Individuals provide information to their workers' or employers' organization for representation.
• ILO Special Complaint Procedure:

  • Governed by Articles 26-34 of ILO Constitution.
  • Complaints filed against a member State for not complying with ratified Convention.
  • Governing Body may establish Commission of Inquiry for investigation and recommendations.
  • Commission of Inquiry for serious and persistent violations.
  • If recommendations rejected, Governing Body can take action under Article 33.
• Special Procedure Freedom of Association Committee (CFA):

  • Examines complaints of freedom of association violations.
  • Governing Body committee with independent chairperson and reps from governments, employers, workers.
  • Accepts complaints from employers' and workers' organizations.
  • Investigates and issues report with recommendations to Governing Body.
  • Governments report on recommendation implementation.
  • Legislative aspects referred to Committee of Experts if relevant instruments ratified.
  • CFA may propose "direct contacts" mission for dialogue with government and social partners.
• General Surveys in ILO Supervisory System:

  • Member States report on measures taken to implement conventions or recommendations.
  • Committee of Experts publishes annual General Surveys on national law and practice, chosen by Governing Body.
  • Surveys based on member states' reports and information from employers' and workers' organizations.