1. 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

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

3. 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?

4. 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?

5. 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

6. 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

7. 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

8. 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

9. 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

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

11. ISSUES OF THE CONFERENCE
INTERNATIONAL LABOUR STANDARD
ISSUES OF THE CONFERENCE

12. 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

13. 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

14. 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

15. 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

16. 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

17. 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

18. 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". 

19. 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. 

20. 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)