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Summary slides and notes International Labour Law and Globalisation
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SUMMARY INTERNATIONAL LABOUR LAW AND GLOBALISATIONLECTURE 1
Purpose and structure of labour law
Necessity
o Subordinaton boss can tell you what to do
o Power imbalance employer + employee
Purpose
o Justce in employment
o Productie labour relatons
Social and economic interests combined
Social justce (broad)
Content
o Substantiely: Interienton by laws and regulatons (e.g. laws on working hours)
o Procedurally: Rights to a fair bargaining process
Limited goiernmental interienton (selffdetermined rules by bargaining process)
Rights to join unions, collectie bargaining, striking
“Industrial democracy”
Legal instruments / diferent sectons
Indiiidual labour law employment contract, dismissal protecton
Collectie labour law CAs, trade unions
Social security law unemployment, sickness
Problems (fundamental labour standards)
1. Child labour
2. Forced labour
3. Discriminaton
4. Freedom of associaton
5. Working conditons (Health & Safety)
6. Social security
Globalizaton = “process of increasing internatonal integraton arising from the interchange of world
iiews, products, ideas and other aspects of culture”.
Systematc reducton of trade barriers, increase in foreign direct iniestments, more migraton..
Pros Cons
f Fair competton f Unchecked TNC behaiiour
f Growing welfare f Cultural interference
f Easy access to info f Income inequality, fnancial instability
f Improied healthcare f Neofliberal policies; deregulaton of empl. relaton
f More products aiailable f Climate/eniironment
f Cooperatie innoiaton f Resource extracton from deieloping states
f Climate/eniironment f Race to the botomm (social dumping)
,Sources of ILL
Public binding
o Between states + binding enforceable
o ILO conientons, UN treates, free trade agreements, regional standards
Public voluntary
o Not formally legally binding
o ILO recommendatons/declaratons, UN principles, OECD guidelines, SDG’s
Private binding
o Internatonal framework agreements (IFAs) created by internatonal trade unions
Private voluntary
o Codes of conduct, other CSR initaties, sustainability schemes, management
standards (fair trade)
Actors/players goiernments, transnatonal corporatons (TNCs), intergoiernmental organisatons,
NGOs, internatonal, regional or natonal trade unions & employers ass., other groups & indiiiduals.
LECTURE 2
ILO adapts, promotes and superiises internatonal labour standards
Unique based on tripartsm
(Core, priority, technical) conientons, recommendatons, declaratons, superiisory
mechanism
ILO history
Founded in 1919 along with the Leage of Natons by Treaty of Versailles
Primarily in response to humanitarian concerns, response to communism (WW1,
industrializaton fear of reioluton)
Need for social justce
Principles
Versailles Peace Treaty and ILO Consttuton 1919
o Leage of Natons didn’t suriiie ILO did. Improiement of peace and harmony of
the world
o Regulaton of hours of work, regulaton of labour supply, preienton of
unemployment, protecton against sickness, disease and injury, freedom of ass.,
protecton of children, organisaton of iocatonal and technical educaton
Philadelphia Declaraton 1944
o Aims and purposes of the ILO
o Art. 1 fundamental principles. Art. 3 elements: what & how
Declaraton on Fundamental Principles and Rights at Work 1998
Declaraton on Social Justce for a Fair Globalizaton 2008
ILO: Mandate and mission
Specialized agency of the UN system deioted to:
Promotng social justce and internatonally recognized human and labour rights
Promote “decent work” for all satsfactory work
, Promote rights at work, decent employment opportunites, social protecton, social dialogue
ILO: Acton
Creates internatonal labour standards + superiises applicaton
Formulaton of internatonal policies and programmes human rights, improie working and
liiing conditons, enhance employment opportunites
Internatonal technical cooperaton help countries put policies into practce
Training, educaton and research to help adiance these eforts
ILO: Structure and mechanisms (also in LC)
1. Internatonal labour conference (ILC)
“Parliament of Labour”
Legislatie power: adopton of labour standards
Obserier status
2. Governing body (GB)
Executie power
Tripartte ttular and deputy members
Agenda, budget, programme, policy
3. Internatonal labour ofce
Secretariat
HQ Geneia, about 3000 people
No formal decision making power, draf conientons, no democratc legitmacy
4. Director-General: Guy Rider
Standards
Conientons fundamental/core, goiernance/priority, technical
o Binding afer ratfcaton
Recommendatons guidelines on how to apply conientons
o Nonfbinding
Protocols
o Procedural deiice for adding extra fexibility to a Conienton or for extending a
Conienton’s obligatons
o Subject to ratfcaton
Declaratons
o Nonfbinding, but wide applicaton and contain symbolic and politcal undertakings by
MS
Adopton of labour standards
1) Identfy the problem
2) Problem put on agenda of ILC by GB
3) Ofce prepares a report with questonnaire
4) Report is sent to goiernments, employers and workers for comments
5) Ofce analyses the comments, prepares conclusions
6) First discussion (G + E + W)
7) Ofce prepares another report summary of the discussion + proposed instrument
8) Report sent to goiernments, employers and workers for comments
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