IFA STAT
E OF THE PL
AY
A R N O U T D E K O S T E R , I T C I L O , E M P L O Y E R S A C T I V I T I E S
IFA STAT
E OF THE PL
AY
FROM SPECIFIC ANGLE:
ILO NORMS AS
CENTRAL R
EFERENCE
POINT IN
IFAS
THEMESIFA has part of tendency to create body of international labour law regulations which are direct and universally applicable Reference point for such international regulation: ILO international labour standards
Questions raised:
• what is the real contents?• what is the binding character?
1. TREND: LEVEL OF LABOUR LAW REGULATION IS PARTIALLY SHIFTING
Until 1980:
Labour law provides for national, sometimes regional (EU), regulations and approach Vs.Worldwide globalised business and increasing centralised HR
International bodies create international guidance via
ILO labour standards (approx 180 Conventions
since 1919)Guidelines OECD – ILO
Nuance:
But:International guidance remains - Dependent upon ( voluntary) national
ratification (ILO conventions)Or
- Totally voluntary and very general (guidelines)
From 1985-90 onwards: initiatives to create law or obligations directly and universally applicable in all countries and/or enterprises via:* Fundamental International Labour Standards(national ratification becomes less crucial)• Contractual arrangements (IFA) or
voluntary adherence to UN Compact • Codes of Conduct
Common features: • Contents: Increasing consensus on
need to create universal rights or obligations increases
• Adhesion: still voluntary • Increasing pressure for adhesion and
compliance via audits, procurement, reporting, complaints procedures, and via external pressure from NGO and trade unions
Underlying drivers for more universal approach:- Compensate economic globalisation with
political/ social globalisation of norms- Management desire for globalised and
centralised approach - Protectionism- Activism affecting consumers, workers and later
on rating institutions - Moral indignation with unacceptable situations
– strong inequality, based upon also increasing information flows worldwide
RESULT- OUTCOME :
Codes of Conduct : 10.000+ unilateral statements with values/rules applicable throughout company worldwide
UN Compact: 7.000 companies adhere to 10 principles
IFA: est. 140-150 global companies
SPECIFIC RELATED TO LABOUR RIGHTS:
Codes of Conduct: est. 50% include labour issues
UN Compact: adherence includes freedom of association, CB and child labour
IFA: concentrated on labour rights
And more specifically : ILO labour standards as essential point of reference
CONCLUSION TRENDS
From national differentiation to an international universal approach ( general principles but neverthelss clear cut)Still voluntary adherence but increasing pressure to adhere and comply
ILO fundametal conventions are main reference point, in CoC, UN Compact and IFA.
IF ANALYSIS CORRECT:
Following questions become important : 1) What are ILO LS and what is their
contents because ILS are becoming central reference point for emerging body of universal labour law?
2) What is the binding character for companies?
2. ILO LABOUR STANDARDSWHAT?
Instruments drawn up by tripartite International Labour Organisation:
* Conventions: international binding treaties (189)
* Recommendations: non binding guidance/ more detailed (accompany Conventions)
CORE LABOUR STANDARDSCore Labour Standards: fundamental labour rights with a «special status»Cover 4 area’s of fundamental importance, in 8 Conventions:Child labour (n* 138 and 182)Forced labour (n* 29 and 105)Freedom of Association and recoginition collective bargaining (n* 87 and 98)Non discrimination (n*100 and 111)
CORE LABOUR STANDARDS
Special status?
Normal conventions: only «control when ratified»For Core Conventions, even not ratified: to be respected and promoted; special report every year.
CONTENTS OF ILSHOW TO READ?
General principles
but nevertheless
clear cut
And
Additional contents via «jurispruden
tial and interpreting mechanisms
»
WHICH MECHANISMS FOR INTERPRETATION/»JURISPRUDENCE»
Committee of Experts: 20 experts Technical comments, published annually but leading to certain interpretations….
Conference Committee Applications of Standards: tripartite Examines cases and experts report and draws conclusions
Committee Freedom of Association: tripartite . Examines complaints FOA
Result:Text conventions is 1 , interpretation is another
Current discussion on the role of the Committee Experts on the occasion of a discussion on the «right to strike» as deducted from FOA.
Important for these companies where reference is made to ILS in a binding document
ILS : BINDING FOR COMPANIES In principle not directly: only States ratify ILS and make them
binding for all companies via integration in their national system (ratification or direct integration)
BUTSome companies choose to be bound
ILS BINDING FOR COMPANIES?Via
1. Contractual arrangements: IFA2. Unilateral adhesion by reference
in Code of Conduct or unilateral statements
3. Limited literature on the precise meaning of being bound ….
THE HIERACHY IN BINDING Relationsh
ip between binding
character of national
law and ILS
5. A QUICK LOOK AT ILS CONTENTS AND POSSIBLE IMPACT ON COMPANY POLICY
Figures IFA and reference to different ILS( here after)
Codes of Conduct . No figures but some examples also of direct reference to literal ILS ( Grohe, Vattenfals, Bosch …)
3. ILS : A REFERENCE FOR COMPANIES?Some figures
IFA referring to ILS: FOA, CB; CL; FL and others…
CONTENTS FOAPrinciples
Freedom to associateInternal autonomyAutonomy vs stateFreedom to affioliate with other levels Protection against anti union
discrimination
CONTENTS CB
Principles
Promotion of CB by state Encourage voluntary
negotiation
WORKERS REPRESENTATIVESPrinciples
Protection of workers representatives Facilties for functioning Sound relations workers – trade union
representatives
Recommendation 143 Further detail on protection and facilities
ILS : ONLY GENERAL PRINCIPLES?QUID INTERPRETATIONS
Quite some issues:
o Right to strike ?o Unions dues?o What is anti union discrimination?o Bargaining in good faith ?
5.2 CONTENTS CHILD LABOURPrinciples
General minimum age: 15, or 14 in some developing countries ( derogation)
For light work only 13 years or 12 ( developing countries)
For hazardous work min age 18 years, or 16
QUID INTERPRETATIONS Interpretations- issues?
Notion of hazardous workHow to determine age
5.3 CONTENTS FORCED LABOUR
Principles
Prohibition to extract labour from persons
under menace of penalty
Interpretation and issues
Quid overtime?Quid schooling
clauses?
5.4 CONTENTS NON DISCRIMINATIONPrinciples
Prohibition of direct or indirect different treatment based on basis of race, sex, religion, political opinion
Interpretation and issues: How to define discrimination
precisely? Extent of non discrimination
(pensions?) Quid night work for women ?
GENERAL CONCLUSION
Trends towards direct universal obligations
Via unilateral engagements or contractual one’s (IFA)
In labour affairs often via reference to core ILO conventions, literally quoted in IFA and also CoC
RAISES QUESTIONS ON : Reference to which norm;
its precise contents; the
implications in
different
situations?
Binding charcater
and conflict of
laws… and moral obligation
s
Carefulness needed !