The ILO andInternational Labour Standards 国际劳工组织及其劳动
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06/06/2012 1
International Labour Organization 国际劳工组织
Organization of Governments, Employers and Workers from 177 countries 由来自177个 国家的政府、雇主组织和工人组织的代表组成 Mandate to promote social justice and eradication of poverty through decent work as a matter of 从以下方面促进社会公正
06/06/2012 5
LS can be international, national, sectoral …
What are International LS ?
The only coherent set of LS, globally agreed upon by G, E & W in the ILO Designed to be universally applicable, i.e. leaving much concrete application to national authorities in consultation with the social partners Take the form of Conventions (to be ratified) and Recommendations (not to be ratified, but equally authoritative)
The ILO and International Labour Standards 国际劳工组织及其劳动监察公约
Tim De Meyer, International Labour Office, Subregional Office Bangkok, Thailand Tim De Meyer先生,国际劳工组织曼古次区局 国际劳工标准专家
国际劳工大会通过文书后12-18个月内会员国须 将该文书提交给主管当局
06/06/2012 12
What is ratificatioBaidu Nhomakorabea ?
Formal commitment of a State to be bound by the provisions of the Convention under international law Formally simple ILO : no reservations accepted Voluntary, even for FHR Conventions FHR Ratification campaign Reversable through denunciation, even for FHR Conventions
wages, protect safety & health, keep under-age children from work, consult E & W organizations on draft SME legislation, gear trade policy towards full employment
International Labour Office
06/06/2012
Secretariat, headed by a Director-General
4
What are labour standards ?
Labour standards (LS) aim to promote social justice, i.e. (in a market context) tip the power balance which market forces will normally tilt against workers LS are established points of reference against which the performance of employers, governments or occasionally workers is measured
Comments of governments, employers and workers
First discussion by a special tripartite Committee
International Labour Conference
G
E W
The Office submits a summary of the discussion and a draft instrument
Decent work = work which does not only provide men and women the means for shortterm survival, but also 体面的工作不仅向人 们提供短期谋生的方法,而且也给予人们
A sense of fulfillment by being in charge of one’s own (working) life and responsible for one’s working environment (empowerment) 通过把握自我(工作 )生活而获得的满足感和对工作环境(赋予能力)的责任 感 A sense of protection against the hazards and contingencies of working life 远离危险和工伤事故的 安全感 Social inclusion or a sense of participation in the wider community 社会融合或在更广泛参与社会感
The Office prepares a revised draft instrument
International Labour Conference G E W
Comments of governments, employers and workers
Second discussion by a special tripartite committee
06/06/2012 6
International Labour Standards
Conventions
Recommendations
If ratified, they are binding under international law If not ratified, they influence national law & policy Protocols may only be ratified together with their Convention
Accompanied by position proposed by G With a view to raising awareness among representatives of the people, and promoting consideration by law- and budget-makers
freedom of association and collective bargaining elimination of forced labour abolition of child labour elimination of discrimination at work
Four more are priority C. dealing with employment policy, labour inspection and tripartite consultation
06/06/2012 10
Adoption (Standard-setting)
The Governing Body places the question on the Conference Agenda
The Office circulates a law and practice report with questionnaire
Same authority as Conventions Not open to ratification Guidelines or higher standards
What are International LS ?
They express law (as opposed to merely moral intentions), i.e. a general conviction that abidance by all is necessary, even when occasionally inconvenient, in the interest of achieving a shared objective Their nature can be substantive, procedural, institutional, or promotional
06/06/2012 9
IL Standards Terminology
Adoption (= creation) Submission to the competent authorities (= dissemination and orientation) Ratification (= commitment) Denunciation (= cancelling commitment) Application (= law and practice) Supervision (= monitoring application by ILO)
Adoption by the Conference with a two-third majority
Submission
ILO Member states must submit instruments to competent authorities between 12-18 months after their adoption by the International Labour Conference
respect for individual dignity 尊重个人的尊严 economic and social development 促进经济和社 会发展 international peace and stability 维护世界的和平 和稳定 06/06/2012
2
ILO’s Decent Work agenda 国际劳工组织体面的工作议程
3
06/06/2012
ILO : Organizational Structure
International Labour Conference
Governing Body of the IL Office
Tripartite « world assembly » of labour (1 E + 2 G + 1 W) x 177 Adopts Conventions and Recommendations Tripartite executive council 14 E + 28 G (10) + 14 W Sets agenda of the Conference
06/06/2012 8
International Labour Standards
Since 1919, 185 Conventions and 194 Recommendations Some 72 C & 72 R are up-to-date, the rest is up for revision, abrogation, review over time Eight are fundamental C., setting standards on 4 principles at work fundamental to globalization (Declaration on Fund Principles & Rights at Work, 1998)
International Labour Organization 国际劳工组织
Organization of Governments, Employers and Workers from 177 countries 由来自177个 国家的政府、雇主组织和工人组织的代表组成 Mandate to promote social justice and eradication of poverty through decent work as a matter of 从以下方面促进社会公正
06/06/2012 5
LS can be international, national, sectoral …
What are International LS ?
The only coherent set of LS, globally agreed upon by G, E & W in the ILO Designed to be universally applicable, i.e. leaving much concrete application to national authorities in consultation with the social partners Take the form of Conventions (to be ratified) and Recommendations (not to be ratified, but equally authoritative)
The ILO and International Labour Standards 国际劳工组织及其劳动监察公约
Tim De Meyer, International Labour Office, Subregional Office Bangkok, Thailand Tim De Meyer先生,国际劳工组织曼古次区局 国际劳工标准专家
国际劳工大会通过文书后12-18个月内会员国须 将该文书提交给主管当局
06/06/2012 12
What is ratificatioBaidu Nhomakorabea ?
Formal commitment of a State to be bound by the provisions of the Convention under international law Formally simple ILO : no reservations accepted Voluntary, even for FHR Conventions FHR Ratification campaign Reversable through denunciation, even for FHR Conventions
wages, protect safety & health, keep under-age children from work, consult E & W organizations on draft SME legislation, gear trade policy towards full employment
International Labour Office
06/06/2012
Secretariat, headed by a Director-General
4
What are labour standards ?
Labour standards (LS) aim to promote social justice, i.e. (in a market context) tip the power balance which market forces will normally tilt against workers LS are established points of reference against which the performance of employers, governments or occasionally workers is measured
Comments of governments, employers and workers
First discussion by a special tripartite Committee
International Labour Conference
G
E W
The Office submits a summary of the discussion and a draft instrument
Decent work = work which does not only provide men and women the means for shortterm survival, but also 体面的工作不仅向人 们提供短期谋生的方法,而且也给予人们
A sense of fulfillment by being in charge of one’s own (working) life and responsible for one’s working environment (empowerment) 通过把握自我(工作 )生活而获得的满足感和对工作环境(赋予能力)的责任 感 A sense of protection against the hazards and contingencies of working life 远离危险和工伤事故的 安全感 Social inclusion or a sense of participation in the wider community 社会融合或在更广泛参与社会感
The Office prepares a revised draft instrument
International Labour Conference G E W
Comments of governments, employers and workers
Second discussion by a special tripartite committee
06/06/2012 6
International Labour Standards
Conventions
Recommendations
If ratified, they are binding under international law If not ratified, they influence national law & policy Protocols may only be ratified together with their Convention
Accompanied by position proposed by G With a view to raising awareness among representatives of the people, and promoting consideration by law- and budget-makers
freedom of association and collective bargaining elimination of forced labour abolition of child labour elimination of discrimination at work
Four more are priority C. dealing with employment policy, labour inspection and tripartite consultation
06/06/2012 10
Adoption (Standard-setting)
The Governing Body places the question on the Conference Agenda
The Office circulates a law and practice report with questionnaire
Same authority as Conventions Not open to ratification Guidelines or higher standards
What are International LS ?
They express law (as opposed to merely moral intentions), i.e. a general conviction that abidance by all is necessary, even when occasionally inconvenient, in the interest of achieving a shared objective Their nature can be substantive, procedural, institutional, or promotional
06/06/2012 9
IL Standards Terminology
Adoption (= creation) Submission to the competent authorities (= dissemination and orientation) Ratification (= commitment) Denunciation (= cancelling commitment) Application (= law and practice) Supervision (= monitoring application by ILO)
Adoption by the Conference with a two-third majority
Submission
ILO Member states must submit instruments to competent authorities between 12-18 months after their adoption by the International Labour Conference
respect for individual dignity 尊重个人的尊严 economic and social development 促进经济和社 会发展 international peace and stability 维护世界的和平 和稳定 06/06/2012
2
ILO’s Decent Work agenda 国际劳工组织体面的工作议程
3
06/06/2012
ILO : Organizational Structure
International Labour Conference
Governing Body of the IL Office
Tripartite « world assembly » of labour (1 E + 2 G + 1 W) x 177 Adopts Conventions and Recommendations Tripartite executive council 14 E + 28 G (10) + 14 W Sets agenda of the Conference
06/06/2012 8
International Labour Standards
Since 1919, 185 Conventions and 194 Recommendations Some 72 C & 72 R are up-to-date, the rest is up for revision, abrogation, review over time Eight are fundamental C., setting standards on 4 principles at work fundamental to globalization (Declaration on Fund Principles & Rights at Work, 1998)