Part 1: Introduction to International Labour Law
Why do we need labour law?--> There is some level of subordination and power imbalances between
employee and employer (bargaining power disadvantage, double dependency). The purpose of labour
law is to bring justice in employment and productive labour relations (social justice, broad). The
content is substantively and procedurally. Substantively: intervention by laws and regulations.
Procedurally: rights to a fair bargaining process. --> Industrial democracy
False self-employed employees: employees that should be regular employees based on the benefits
they (should) get and the work they do but they don't get a majority of benefits because of the self-
employment.
Legal instruments/different sections:
- Individual labour law: the employment contract, protection against dismissal, individual
rights in labour codes, health and safety regulation.
- Collective labour law: collective agreements, trade unions, employers organisations, work
council statues.
- Social security law: unemployment, sickness benefits, pregnancy
Dhaka Garment Factory Disaster 2013: Factory near Dhaka, Bangladesh, collapsed on 24 April 2013.
1100 died, 2500 injured. The disaster revealed widespread and persistent problems regarding
working conditions and labour rights in low income countries (in this case in the garment industry).
The need for fundamental labour standards in globalising economy got highlighted. Transnational
effects: the disaster took place in Bangladesh but the origin of the problem exceeds borders.
The six main problems that are discussed:
1. Child labour: health, mental and physical development, education are at risk. Sub-Sahara
Africa, Asia, Latin-America, Middle East, also in e.g. Turkey. ILO Conventions C138 (Minimum
Age Convention, 1973, P. 43 Law Collection) and C182 (Worst forms of Child Labour
Convention, 1999, p. 48). Other norms include CRC: Convention of the Rights of the Child.
2. Forced labour: 24,9 million people are victim of forced labour (modern slavery). Mostly
vulnerable groups like migrant workers. Trafficking, sex industry, domestic work, agriculture,
construction etc. Conventions C29 + P29 (Forced Labour Convention, 1930 – including the
2014 Protocol P29, p. 31) and C105 (Abolition of Forced Labour Convention, 1957, p.41).
3. Discrimination: regards equal treatment, numbers unclear. Women, minorities, migrants,
LGBTQ+, elderly, people with HIV, disabled persons etc. Conventions C100 (Equal
Remuneration Convention, 1951, p.57) and C111 (Discrimination -Employment and
Occupation- Convention, 1958, p. 60). Various HR-instruments to tackle work discrimination.
4. Freedom of Association: the right to form/be represented by trade unions/employers’
organizations, collective bargaining, right to strike. Large number of violations. Difficult to
monitor. Includes democracy, participation and representation. ILO Conventions C87
(Freedom of Association and Protection of the Right to Organise Conventions, 1948, p.51)
and C98 (Right to Organise and Collective Bargaining Convention, 1949, p.55).
5. Occupational Safety and Health (OSH): 2,78 million casualties per year due to work related
diseases/accidents. Many different conventions but no fundamental conventions yet. For
instance issue in extractive industries, chemical plants, agriculture, construction, factories.
6. Social Security: ILO Convention C102 (Social Security -Minimum Standards- Convention,
1952, p. 105). Different other social security Conventions exist. It’s about subsistence needs.
There are nine ‘traditional’ risks that are part of Social Security: (1)medical care; (2)sickness
benefit; (3)unemployment; (4)retirement/old age; (5)employment injury; (6)family;
(7)pregnancy/maternity; (8);handicap/invalidity; (9)survivors.
,Globalization: “Process of increasing international economic, social, cultural, and political integration
arising from the worldwide interchange and movement of ideas, products, and people”. Some
(modern) economic features are: Systematic reduction of trade barriers, Increase in Foreign Direct
Investment, More migration (of workers and their families) and Global Financial System (1944,
Bretton Woods, WB/IMF). Pros of globalization: fair competition, growing welfare, easy access to
information/knowledge, improved healthcare, more products available, cooperative innovation, and
climate/environment. Cons of globalization: unchecked MNE behaviour, cultural interference,
income inequality/financial instability, neo-liberal policies (deregulation of employment relation),
climate/environment, resource extraction from developing states: race to the bottom?
Sources of International Labour Law: binding, voluntary, public, and private:
- Public Binding: ILO Conventions, UN Treaties, Free Trade Agreements, Regional Standards.
- Public Voluntary: ILO Recommendations/Declarations, UN Guiding Principles on Business
and Human Rights, OECD Guidelines for Multinational Enterprises (recommendations from
governments to MNE’s on responsible business conduct), the UN 2030 Agenda: Sustainable
Development Goals.
- Private binding: Global Framework Agreements (GFA’s) .
- Private voluntary: Corporate (Supplier) Codes of Conduct, other CSR Initiatives (policies,
activities, projects), Sustainability Schemes/Certificates/Management standards,
Multistakeholder initiatives.
Actors/players in the field of ILL: Governments, Transnational Corporations (TNCs), International
Governmental Organizations (IGOs), Non-Governmental Organizations (NGOs), international,
regional or national trade unions and employers’ organizations, other groups, and individuals.
Part 2: ILO Law
The International Labour Organization: Responsible for the adoption, promotion, and supervision of
international labour standards. Founded, along with the League of Nations, by the Treaty of
Versailles on 11th of April 1919. One of the oldest international organizations. Primarily founded in
response to humanitarian concern over the condition of workers who were being exploited without
consideration for their health, their family lives or their professional and social development.
Characteristics of the ILO:
- Tripartism (representatives of employees, employers and government).
- Conventions, recommendations, declarations
- Core conventions, priority conventions, technical conventions
- Supervisory mechanism
- Technical cooperation
Principles (constitution and declarations ILO):
- Part XIII Versailles Peace Treaty and ILO Constitution 1919: goals of this treaty were
universal peace and social justice. Originated from the need for a system for governing fair
globalisation and the need for a level playing field: to improve labour conditions and to make
sure this happens globally. How?--> regulation of the hours of work, including the
establishment of a maximum working day and week, regulation of the labour supply,
prevention of unemployment, provision of an adequate living wage, protection of the worker
against sickness, disease and injury, protection of children, young persons and women,
provision for old age and injury, protection of interests of workers when employed in other
countries, recognition of freedom of association, organisation of education, and other.
, - Philadelphia Declaration 1944: “Declaration concerning the Aims and Purposes of the ILO”.
Article I: The Conference reaffirms the fundamental principles on which the Organization is
based and, in particular, that: (a) labour is not a commodity; (b) freedom of expression and of
association are essential to sustained progress; (c) poverty anywhere constitutes a danger to
prosperity everywhere; (d) the war against ‘want’ (derived from the freedom speech of
Roosevelt) requires to be carried on with unrelenting vigour within each nation, and by
continuous and concerted international effort in which the representatives of workers and
employers, enjoying equal status with those of governments, join with them in free
discussion and democratic decision with a view to the promotion of common welfare. Article
III: The conference recognizes the solemn obligation of the ILO to further among the nations
of the world programmes which will achieve: (a)full employment and the raising of standards
of living, (b) skills allocation, (c) training facilities, (d)minimum living wages, (e)effective
collective bargaining, (f) social security measures, (g) adequate protection for the life and
health of workers in all occupations, (h) provision for child welfare and maternity protection,
(i) the provision of adequate nutrition, housing and facilities for recreation and culture; the
assurance of equality of educational and vocational opportunity.
ILO Mandate and Mission: specialized agency of the UN system devoted to: promoting social justice
and internally recognized human and labour rights, promote decent work for all. I.e.: (1) promote
rights at work, (2) encourage decent employment opportunities, (3) enhance social protection, (4)
strengthen social dialogue. Actions of the ILO: creation of international labour standards backed by
a special system to supervise their application, formulation of international policies and programmes
to promote basic human rights, improve working and living conditions, and enhance employment
opportunities, international technical cooperation formulated and implemented in an active
partnership with constituents, to help countries put these policies into practice in an effective
manner, and training, education and research activities to help advance these efforts.
ILO Structure and Mechanisms – ILO comprises:
1. International Labour Conference (ILC): “Parliament of Labour”, annual meeting in Geneva. 2
government, 1 employer and, 1 worker delegate per member. Legislative power: adoption of
labour standards. Heads of State, prime-ministers, cabinet ministers. Has an observer status.
2. Governing Body (GB): Executive power, Titular and Deputy member (tripartite). States of
chief industrial importance. Agenda, budget, programme, policy.
3. International Labour Office (The Office): Secretariat, HQ Geneva. About 300 people.
4. Director-General (DG): Guy Ryder
Standards of ILO:
1. Conventions:
- Fundamental/Core Conventions: 8 conventions in total: C29 (forced Labour convention,
1930), C105 (Abolition of Forced Labour Convention, 1957), C138 (Minimum Age Convention,
1973), C182 (Worst Forms of Child Labour Convention, 1999), C87 (Freedom of Association
and Protection of the Right to Organise Convention, 1948), C98 (Right to Organise and
Collective Bargaining Convention, 1949), C100 (Equal Remuneration Convention, 1951), C111
(Discrimination – Employment and Occupation- Convention, 1958).
- Governance/Priority Conventions: C81 (Labour Inspection Convention, 1947), C122
(Employment Policy Convention, 1964), C129 (Labour Inspection (Agriculture) Convention,
1969), C144 (Tripartite Consultation (International Labour Standards) Convention, 1976).
- Technical Conventions: HR-related standards such as maternity protection, hygiene, night
work, chemicals, termination of contract, violence and harassment etcetera.
