Collective bargaining and the International Labour Standards. Normative framework for collective bargaining and the role of the ILO

Transcription

1 Collective bargaining and the International Labour Standards Normative framework for collective bargaining and the role of the ILO

2 ILO Declarations: Principles, policies and aspiration Declaration of Philadelphia (1944): Commits the ILO to promote the effective recognition of collective bargaining Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy (1977): Guidance on FOA and the right to organise and collective bargaining - elements of sound IR 1998 Declaration on Fundamental Principles and Rights at Work: FOA and the effective recognition of the right to collective bargaining Elimination of all forms of forced or compulsory labour Effective abolition of child labour; and Elimination of discrimination (employment and occupation) ILO Declaration on Social Justice for a Fair Globalization (2008): FOA and effective recognition of the right to collective bargaining key to attainment of the strategic objectives of decent work.

3 International Labour Standards: Fundamentals Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) Right to Organise and Collective Bargaining Convention, 1949 (No. 98) Collective Bargaining Convention, 1981 (No. 154) Collective Agreements Recommendation, 1951 (No. 91)

4 Relevant International Labour Standards Labour Administration Convention, 1978 (No. 150 Labour Administration Recommendation, 1978 (No. 158) Labour Relations (Public Service) Convention, 1978 (no. 151) Labour Relations (Public Service) Recommendation, 1978 (No. 159) Voluntary Conciliation and Arbitration Recommendation, 1951 (No. 92) Labour Clause (Public Contracts) Convention, 1949 (No. 94) Labour Clause (Public Contracts) Recommendation, 1951 (No. 84) Plantations Convention, 1958 (No. 110) and its Protocol (1982) Employment Relationship Recommendation, 2006 (No. 198)

5 ILO s supervisory system 1. Regular supervisory system Report regularly on application of ratified conventions (every two years for a fundamental Convention) Committee of Experts on the Application of Conventions and Recommendations (CEACR): Examines gvt reports on ratified conventions, comments from TUs and Eyrs Impartial and technical evaluation of the application of ratified Conventions Requests MS to take actions to fully comply with Conventions Annual report reviewed by the ILC s tripartite Committee on the Application of Standards (CAS) Selected CEACR observations for discussion and response by governments Recommendations for governments and ILO assistance offered

6 ILO s supervisory system 1. Special procedure for freedom of association Committee on Freedom of Association (CFA) tripartite body: to examine complaints about violations of C. 87 and 98 Complaints submitted by national or international employers or workers organizations On decision to receive a case: governmet is required to provide observations CFA issues a report and makes recommendations (cases of violation of FOA standards and principles) to remedy the situation Governments are requested to report on the implementation of the CFA s recommendations

7 Technical assistance Advisory services to tripartite constituents on: Design, adjust or apply laws, policies and institutions to promote collective bargaining Technical cooperation programmes in the areas of: Labour law reform, strengthening capacities of labour administration, advocacy and information dissemination, dispute prevention and resolution, collective bargainig policies and mechanisms Research and knowledge development on: Global trends, good practices and possible ways to improve the effectiveness of CB; effect on CB on socio-economic outcomes Training by the ILO and ITC: Enhancing the capacities of tripartite constituents to promote CB