INTERNATIONAL LAW AND LABOUR RELATIONS Aim of the course: Understand the basic regulation of the employment relationship in legal sources of different legal orders starting from the International level and the European Level. Understand the role of other sources in regulating employment relationship, like collective agreements or social clauses in international commerce treaties Have the capacity to understand how international standards and labour law biases enterprise choices in the globalised market

LABOUR LAW SOURCES INTERNATIONAL Council of ILO UN LABOUR Europe LAW EUROPEAN LABOUR LAW EU NATIONAL LABOUR LAW States

INTERNATIONAL LABOUR STANDARD DEFINITION International Labour standards, in the definition of ILO, means a common set of fundamental social rights aimed at the protection of human dignity that must be recognised in order to guarantee the aspiration for social justice. Working and social conditions around the world are uneven (extreme example of Bangladesh and France) Do you think they should be equalised through labour standards?

INTERNATIONAL LABOUR STANDARD DEFINITION I’s important to identify the different legal orders, institutions and procedures that define labour standards or fundamental social rights. Fundamental social rights are defined in different kinds of legal sources (national constitutions, laws, international conventions, transnational collective agreements, regulations) Is there a hierarchy between legal sources? Which rule should be applied to a single working relationship?

INTERNATIONAL LABOUR STANDARD International legal order: plurality of institutions, of procedures and of legal sources States International Organizations Non Governmental Organizations Treaties Treaties and Other Legal sources

ILO (OIL,BIT) In 1919, after the Treaty of Versailles, the signatories nations founded the International Labour Organization (ILO) because "conditions of labour exist involving such injustice, hardship and privation to large numbers of people as to produce unrest so great that the peace and harmony of the world are imperilled."  It became the first specialised agency of the UN ILO constitution: Declaration of Philadelphia (1944) Fundamental principles: Labour is not a commodity Freedom of expression and of association are essential tio sustain progress

ILO (OIL,BIT) Structure: 187 Member States International labour conference: sets the International labour standards and the broad policies of the ILO. It meets annually in Geneva. Tripartite composition International Labour Office

INTERNATIONAL LABOUR STANDARD DEFINITION PROTECTIVE STANDARDS: MINIMUM STANDARDS GOVERNING LABOUR RELATIONS, LABOUR ADMINISTRATION AND PROTECTION OF LABOUR PROMOTIONAL STANDARDS: GO BEYOND THE LABOUR RELATIONS FIELD AND INCLUDE BROADER SOCIAL POLICY, LAND POLICY

INTERNATIONAL LABOUR STANDARD DIFFERENT PERSPECTIVES ON LABOUR STANDARD LEGALISTIC POSITION: THEY MUST BE APPLIED BECAUSE THEY HAVE THE FORCE OF THE LAW MORALISTIC POSITION:THEY MUST BE REGARDED AS HUMAN RIGHTS THAT SHOULD IN ANY CASE BE PROTECTED AND ENFORCED ECONOMIC POSITION : THEY MUST BE ASSESSED IN THEIR CAPACITY TO ASSIST ECONOMIC DEVELOPMENT

ILO STANDARD ARE THE RESULT OF TRIPARTITE NEGOTIATIONS: INTERNATIONAL LABOUR STANDARD PROCEDURES ILO STANDARD ARE THE RESULT OF TRIPARTITE NEGOTIATIONS:

ISSUES OF THE CONFERENCE INTERNATIONAL LABOUR STANDARD ISSUES OF THE CONFERENCE

INTERNATIONAL LABOUR STANDARD CONVENTIONS INTERNATIONAL LABOUR CONVENTIONS HAVE THE STATUS OF INTERNATIONAL TREATIES THEY ARE ADOPTED BY A TWO THIRD MAJORITY OF CONFERENCE DELEGATES ONCE ADOPTED THEY MUST BE RATIFIED BY MEMBER STATES

INTERNATIONAL LABOUR STANDARD CONVENTIONS CONVENTIONS ARE BINDING FOR ALL THE CONTRIES WHICH HAVE TO RATIFY THEM EACH MEMBER STATE UNDERTAKES THAT IT WILL RATIFY IT WITHIN THE PERIOD OF ONE YEAR OR EXCEPTIONALLY NO LATER THAN 18 MONTHS FROM THE CLOSING OF THE SESSION OF THE CONFERENCE RATIFICATION MEANS THE ADOPTION OF LEGISLATION BY THE MEMBER STATE GIVING THE CONVENTION THE EFFECT OF A DOMESTIC LEGAL SOURCE

INTERNATIONAL LABOUR STANDARD CONVENTIONS Hundreds of conventions regulate many aspects related to the working relationship C87 – Convention on freedom of association 1948 C98 –Convention on collective bragaining, 1949 C105 –convention on the abolition of forced labour, 1957 C158- Convention on dismissals, 1982 C182 Convention on child labour 1999

INTERNATIONAL LABOUR STANDARD RECOMMENDATIONS THEY DO NOT HAVE THE BINDING FORCE OF CONVENTIONS THEY ARE NOT SUBJECT TO RATIFICATION THEY ARE OFTEN ADOPTED AT THE SAME TIME AS CONVENTIONS WITH THE SAME SUBJECT THEY ARE REFERRED TO MEMBER STATES AND THEIR AIM IS TO GUIDE NATIONAL LEGISLATION IN THE AREAS COVERED BY THE CONVENTIONS

INTERNATIONAL LABOUR STANDARD DECLARATION on Fundamental Principles and Rights at Work (1998) ITS’ OBLIGES STATES TO APPLY THE FUNDAMENTAL RIGHTS DEFINED IN IT EVEN IF THEY HAVE NOT RATIFIED THE SPECIFIC CONVENTIONS IT’S MORE A PROMOTIONAL INSTRUMENT THE FUNDAMENTAL RIGHTS GUARANTEED BY THE 1998 DECLARATION ARE FREEDOM OF ASSOCIATION ABOLITION OF FORCED LABOUR ABOLITION OF CHILD LABOUR ELIMINATION OF DISCRIMINATION IN EMPLOYMENT

Regular system of supervision ILO supervisory system Regular system of supervision examination of periodic reports submitted by Member States on the measures they have taken to implement the provisions of the ratified Conventions Periodic reports are sent to the Committee of Experts on the Application of Conventions and Recommendations When examining the application of international labour standards, the CEommittee of Experts makes can make observations and direct requests Annual report of the CE is submitted to the International Labour Conference (a specifici comittee) The Conference can draw up conclusions recommending that governments take specific measures

ILO supervisory system Special procedures A) Procedure for representation on the application of ratified Conventions. It grants an industrial association of employers or of workers the right to present to the ILO Governing Body a representation against any member state which, in its view, "has failed to secure in any respect the effective observance within its jurisdiction of any Convention to which it is a party". 

ILO supervisory system Special procedures B) Special procedure for complaints regarding freedom of association through the Freedom of Association Committee Committee on Freedom of Association (CFA) is set up for the purpose of examining complaints about violations of freedom of association, whether or not the country concerned had ratified the relevant conventions. Complaints may be brought against a member state by employers' and workers' organizations. 

ILO supervisory system Special procedures Case of Myanmar 1996 for violations of the Forced Labour Convention (C 29 of 1930).  Case of Solidarnosc (1981) for violation of the Convention on the Freedom of Association (C87 of 1948)