1. Decent Work for Transport Workers ILO and Freedom of Association Evelin Toth, ITC-ILO, Actrav Bucharest 10/10/2017

2. Overview of the presentation
International Labour Organisation and its role in the globalisation era
International labour standards
Freedom of association

3. Tripartism
Since its creation, the essential role of the ILO has been the pursuit of cooperation between governments, employers and workers in furtherance of social justice with a view to universal and lasting peace

4. ILO’s UNIQUE TRIPARTITE STRUCTURE
The OIL is unique among the UN agencies because it is built on the tripartite model.
The ILC is tripartite, as is the Governing Body and working groups and committees in the OIL are tripartite. The only exception is the Committee of Experts, which is composed of 20 independent experts from around the world.
WORKERS
EMPLOYERS
GOVERNMENTS 4

5. The ILO … 183 Countries
together to promote economic growth, social justice and human rights related to work in all its aspects and worldwide
ILO Decent Work Agenda
EUROPE – region with highest ILS ratification rate

6. 4 strategic objectives of the ILO
Decent work, what is it?
4 strategic objectives of the ILO
Fundamental principles and rights at work
Decent job and decent income
Social protection
Tripartism and social dialogue.

7. Deficit of decent work 212 million unemployed in the world
81 million unemployed youth (15-24 years)
633 million of workers and their families living of less than 1.25 USD per day
1.5 billion workers (50,6%) in vulnerable employment
(ILO statistics 2010)‏

8. Decent work – safe work!
Every year more than 2 million working men and women die at work or from professional diseases;
270 million of non-fatal accidents at work per year;
Asbestos kills 100,000 persons,
At world level, a worker dies every 15 seconds,
6,000 workers dies every day.
Work kills more perople than the wars!

9. Globalisation of rights
International labour standards system
A guarantee of respect of basic human rights for workers all over the world.
Universal rights (can be applied in different economic and social circumstances)‏

10. International labour standards
188 CONVENTIONS
Adopted by the International Labour Conference
Open to ratification
TOTAL 7714 RATIFICATIONS
MINIMUM STANDARDS – NOT MAXIMUM STANDARDS !
200 RECOMMENDATIONS
Adopted by the International Labour Conference
Not open to ratification

11. Fundamental Conventions All Members have an obligation to respect their principles, irrespective of ratification
Forced Labour (Nos. 29 and 105)
Freedom of Association and Collective Bargaining (Nos. 87, 98)
The Governing Body has confirmed 12 Conventions that play a central role within the ILO standards system – These are the fundamental and priority Conventions. First, the fundamental Conventions. These are: There is a ratification campaign aimed at universal ratification. You have a comparative table of ratifications of OIL Fundamental Conventions in the Caribbean.
Campaign launched in May 1995 following discussions in the World Summit on Social Development.
Also WTO Ministerial Meeting in Singapore endorsed, OIL is the competent body to deal with labour standards
Child Labour (Nos. 138, 182)
Equality (Nos. 100, 111)
minimum rules! 11

12. Report on Global Competitiveness
World Economic Forum
Report on Global Competitiveness
The most competitive world economies:
Switzerland
Sweden
Singapore
United States
Germany
Japan
Netherlands
Denmark
Canada

13. Is fair competition possible in a competitive world?
165
150
166
164
170
172
158
148
Total of 181 x
USA
Regno Unito
Swizzera
Swezia
Singapore
Paesi Bassi
Giappone
Italy
India
Germany
Finland
Denmark
Cina
C. 182
C. 138
C. 111
C. 100
C. 105
C. 29
C. 98
C. 87
Country
Child Labor
Equality
Foreced Labour
Freedom of Association

14. Taking application of Conventions seriously

15. C. 87 Freedom of association (1948.)
Right to organise
Right to bargain
Right to strike

16. Objective: Freedom of association without interference from public authorities (independence)
Scope: all employers and workers without distinction
Exception: armed forces and police (narrowly defined)

17. Without distinction whatsoever (public servants, rural workers, home workers, EPZ workers, seafarers, young workers, teachers, managers, foreigners)
To establish organizations of their own choosing (trade union pluralism)
Without previous authorization (registration, minimum membership)

18. Draw up their constitutions and rules (only formal requirements, no prior approval)
Elect their representatives (results not subject to approval, eligibility requirements not excessively restrictive)
Organize their administration (autonomy, financial independence, protection of assets and property)
Organize their activities and formulate their programmes (hold meetings, access to the workplace, political activities, the right to strike)

19. Right of workers’ and employers’ organizations to formulate their programmes (art. 3, C. 87) means
Right to hold meetings
Right to have access to the working place by trade union leaders with due respect for the rights of property and management
Right to communicate with management
Right to strike

20. Right to form federations and confederations (Articles 5, 6)
Right to affiliate with international organizations of employers and workers (Article 5)
No dissolution or suspension by administrative measures (Article 4)

21. Right to strike
Essential means available to workers for the protection and promotion of their interests
Not an absolute right. Restrictions in case of:
acute national crisis
members of the armed forces and the police
public servants exercising authority in the name of the State
workers in essential services in the strict sense of the term

22. Essential services
Essential means available to workers for the protection and promotion of their interests
Not an absolute right. Restrictions in case of:
acute national crisis
members of the armed forces and the police
public servants exercising authority in the name of the State
workers in essential services in the strict sense of the term

23. Strike may endanger life, personal safety, health:
hospitals
electricity services
water supply services
telephone service
air traffic control

24. Non-essential services
Radio and television
the petroleum sector and ports
banking
computer services for the collection of excise duties and taxes
department stores and pleasure parks
the metal and mining sectors
transport generally
refrigeration enterprises
hotel services
construction
automobile manufacturing
aircraft repair
agricultural activities
the supply and distribution of foodstuffs
the government printing service
the state alcohol, salt and tobacco monopolies
the education sector
postal services

25. Right to strike
Most visible form of collective action in the context of a labour dispute
Even if not expressly mentioned in ILO Conventions on FOA, the right to strike is fully recognized and protected
Legitimate weapon of workers’ organizations in furtherance of their members’ interests

26. The law may subordinate the exercise of the right to strike to certain prerequisites (reasonable criteria)
Prerequisites found to be acceptable:
Take strike decisions by secret ballot
Give prior notice to the employer before calling a strike
Conciliation, mediation, voluntary arbitration

27. Decision by over half of all the workers involved
Prerequisite not acceptable:
Decision by over half of all the workers involved
A quorum requirement of two-thirds
Compulsory arbitration before calling strike (when the result is binding)

28. Solidarity … but