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IOE GIRN meeting, Oslo, 25 November 2012 Are ILO labour standards relevant to the private sector? Chris Syder

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Presentation on theme: "IOE GIRN meeting, Oslo, 25 November 2012 Are ILO labour standards relevant to the private sector? Chris Syder"— Presentation transcript:

1 IOE GIRN meeting, Oslo, 25 November 2012 Are ILO labour standards relevant to the private sector? Chris Syder csyder@dacbeachcroft.com

2 IOE GIRN meeting, Oslo, 25 November 2012 Are ILO labour standards relevant?  ILO Governing Body representative for UK Employers  IOE Management Board representative for CBI  ILO Vice-Chair for the Application of Labour Standards Committee at the ILC  Employment law specialist, London

3 IOE GIRN meeting, Oslo, 25 November 2012 Are ILO labour standards relevant? ILO conventions and recommendations reminder  A creation of tri-partite political negotiation – IOE represents the private sector’s interests  Primarily tools for governments – ratification required  Awareness of regional and national employment and social policy consultations = important  First impact – national laws and application

4 IOE GIRN meeting, Oslo, 25 November 2012 Are ILO labour standards relevant? ILO bigger picture  ILO is tri-partite (trade union bias)  Trade unions need worker members  Trade unions need a collective bargaining and freedom of association agenda  Trade unions need labour standards to apply pressure to effect legal and social change

5 IOE GIRN meeting, Oslo, 25 November 2012 Are ILO labour standards relevant? ILO bigger picture cont’d  Application to multi-nationals/supply chains – effect legal and social change  ILO standards are already part of the corporate agenda – a question of importance

6 IOE GIRN meeting, Oslo, 25 November 2012 Are ILO labour standards relevant? Voluntary adoption – CSR/“human rights”  ILO Declaration on Fundamental Principles and Rights at Work  ILO Tripartite Declaration on principles concerning multinational enterprises and social policy  OECD Guidelines for Multinational Enterprises

7 IOE GIRN meeting, Oslo, 25 November 2012 Are ILO labour standards relevant? Voluntary adoption – CSR/“human rights”cont’d  "Protect, Respect and Remedy: a Framework for Business and Human Rights“  UN Global Compact’s Ten Principles  Guiding Principles on Business and Human Rights

8 IOE GIRN meeting, Oslo, 25 November 2012 Are ILO labour standards relevant?  Forum on Business and Human Rights, 4-5 December 2012. WG focus = implementation  Question to answer: If not, why not?  Codes of conduct = commitments to respect and promote existing ILO standards  Importance of drafting (future?)

9 IOE GIRN meeting, Oslo, 25 November 2012 Are ILO labour standards relevant? (In) voluntary adoption - global industrial relations/ campaigns  Global Union Federation campaigns  Transnational Company Agreement/International Framework Agreement/Global Framework Agreement  European Works Councils

10 IOE GIRN meeting, Oslo, 25 November 2012 Are ILO labour standards relevant? (In) voluntary adoption - global industrial relations/ campaigns cont’d  Business case to engage = healthy element of consumer/reputational risk and brand protection  Commitments to respect and promote existing ILO standards  Importance of drafting (future?)

11 IOE GIRN meeting, Oslo, 25 November 2012 Are ILO labour standards relevant? ILO labour standards creep  Ratification = government duty to report to ILO  Private sector has the opportunity to complain; trade unions predominantly complain  Committee of independent experts – non-judicial mandate  Who is interpreting?  Who is really supervising?

12 IOE GIRN meeting, Oslo, 25 November 2012 Are ILO labour standards relevant? An example:  (In) famous Convention 87 – freedom of association  Right to strike interpretation  Extension of the right to strike – general/political strikes  2012 – General Survey and CAS list crisis  Why? Pressure to amend national laws and practice and/or re-visiting of commitments to respect and promote Convention 87  Answer = visibility of the Experts’ agreed mandate

13 IOE GIRN meeting, Oslo, 25 November 2012 Are ILO labour standards relevant? Labour standards risk management considerations  Corporate responsibility agenda – company values agenda development in light of CSR?  What are your supply chain responsibilities for labour standards? Legal, social, economic, ethical?  Fair globalisation – are you exploiting the developing world? Labour standards risk management

14 IOE GIRN meeting, Oslo, 25 November 2012 Are ILO labour standards relevant? Labour standards risk management considerations cont’d  Brand protection/product boycotts. Labour standards risk management  Future generational values? Respect for labour standards? Talent war; consumer loyalty?  Use of social media – more effective TU campaigning concerning freedom of association

15 IOE GIRN meeting, Oslo, 25 November 2012 Are ILO labour standards relevant? Labour standards risk management considerations cont’d  Increasing global industrial relations issues – ongoing austerity reactions - strikes  Greater investor/shareholder accountability – effective implementation of labour standards? Monitoring?  Will we see an international complaints forum? NCP development?  ADR?

16 IOE GIRN meeting, Oslo, 25 November 2012 Are ILO labour standards relevant?  What are your priorities?  What is your plan? Proactive or reactive?

17 IOE GIRN meeting, Oslo, 25 November 2012 Are ILO labour standards relevant?  For instance:

18 IOE GIRN meeting, Oslo, 25 November 2012 Are ILO labour standards relevant? “1 ILO: Hours of Work (Commerce and Offices) Convention, 1930 (No. 30) 2 ILO: Holidays with Pay Convention (Revised), 1970 (No. 132) 3 ILO: Maternity Protection Convention (Revised), 1952 (No. 103) 4 ILO: Freedom of Association and Protection of the Right to Organise Convention, 1948, (No. 87) * Since 2010, Merck recorded the percentage of employees who principally have the right to collective bargaining”

19 IOE GIRN meeting, Oslo, 25 November 2012 Are ILO labour standards relevant?  For instance:

20 IOE GIRN meeting, Oslo, 25 November 2012 Are ILO labour standards relevant?  For instance: “International Labour Organization (ILO) is a specialized agency of the United Nations, and is committed to social justice and developing internationally recognised human and labour rights. The ILO is a tripartite agency bringing together representatives from governments, employers and workers. One of its main responsibilities is to shape and oversee international labour standards. IKEA engages in dialogue with the ILO on working conditions and labour standards.”

21 IOE GIRN meeting, Oslo, 25 November 2012 Are ILO labour standards relevant?

22 IOE GIRN meeting, Oslo, 25 November 2012 Are ILO labour standards relevant?  For instance: “The Coca-Cola Company is committed to upholding fundamental principles of international human and workplace rights everywhere we do business. Our commitment to respecting human rights, as formalized in our Human Rights Statement, is grounded in the Universal Declaration of Human Rights, related covenants and the International Labor Organization's Declaration on Fundamental Principles and Rights to Work. The workplace rights principles are encompassed in our Workplace Rights Policy, which covers company-owned operations and our Supplier Guiding Principles, which covers our supplier partners and independent bottlers. “Human Rights StatementWorkplace Rights PolicySupplier Guiding Principles

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