BY

DANIYAL KHAN

PRESENTED TO SIR KHALIL-UR-

REHMAN

• International Labour Organization maintains anddevelops a system of International Labour Standards(ILS)

• ILS aim to promote opportunities for men and women toobtain decent and productive work in conditions offreedom, equity, security and dignity.

• The ILO asserts that International Labour Standardsare essential component for ensuring that the growth ofthe global economy provides benefits to all.

• what are international labour standards?

• How are they created; applied; and supervised?

• ILS are legal instruments drawn up by the ILO’s constituents (governments, employers and workers) setting out basic principles and rights at work.

• ILS take two forms: • conventions, which are legally binding international treaties that

may be ratified by member states,

• recommendations, which serve as non-binding guidelines.

• In many cases, a convention lays down the basic principles to be implemented by ratifying countries, while a related recommendation supplements the convention by providing more detailed guidelines on how it could be applied.

• Recommendations can also be autonomous, i.e: not linked to any convention.

• International Labour Standards (both conventions and

recommendations) are drawn up by representatives of

governments, employers and workers and are adopted at

the ILO’s annual International Labour Conference.

• Once adopted, a standard have to be submitted by the

member states to their competent authority (normally the

parliament) for consideration.

• Ratification of ILO conventions are voluntary.

• Ratification is a formal procedure whereby a state

accepts the convention as a legally binding instrument. A

country is subject to the ILO’s regular supervisory system

responsible for ensuring that ratified conventions are

applied.

Let’s look at two special categories of ILS

•Fundamental (Core Conventions)

•Priority Conventions

• Eight ILO conventions (covering four labour standards –known as the Fundamental (or Core) Labour Standards) -are designated as “Fundamental”.

• They are legally binding upon members by virtue of membership in the ILO, regardless of ratification.

• They came into being through the 1998 “ILO Declaration on Fundamental Principles and Rights at Work”

These 8 conventions (4 standards) are:

• freedom of association (Conv. No. 87) and the effective

recognition of the right to collective bargaining (Conv.

No. 98)

• the elimination of all forms of forced or compulsory

labour (Conv No. 29 and 105)

• the effective abolition of child labour (Conv. No 138,

182)

• The elimination of discrimination in respect of

employment and occupation (Conv. No. 100, 111)

• There are currently over 1,290 ratifications of these

conventions,

• This represents 88.5% of the possible number of

ratifications.

• Four ILO Conventions (covering 3 standards) are

designated as “priority” instruments because of

their importance to the functioning of the

international labour standards system.

• They cover:

• Labour Inspection (No. 81 and No 129 for Agriculture)

• Tripartite Consultation – Government, Employers

organizations and Workers’ organizations (No. 144)

• Employment Policy (No. 122)

• It all starts from a growing international concern

on which action is needed to be taken,

Example: providing working women with maternity

protection, or ensuring safe working conditions for

agricultural workers, etc.

• ILS are developed through a unique tripartite

legislative process involving representatives of

governments, workers and employers from

around the world.

• Problem is identified; placed on the agenda of a future International Labour Conference (ILC); a report on the problem is prepared and circulated problem is discussed at the International Labour Conference. comments taken second report prepared for the following Conference necessary amendments made adoption by a two-thirds majority of votes.

• This “double discussion” gives Conference participants sufficient time to examine the draft instrument and make comments on it.

• Standards are adopted by a two-thirds majority –

hence are expression of universally

acknowledged principles.

• standards are flexible enough to be translated

into national law and practice with due

consideration to members’ diversity (cultural and

institutional, legal, and economic).• For example, standards on minimum wages do not set

a specific universal minimum wage; it requires each country to establish a system and the machinery to fix minimum wage rates appropriate to its level of development.

• At present there are 188 conventions and 199

recommendations, some dating back as far as 1919.

• To maintain relevance of standards to today’s challenges,

the ILO adopts revising conventions that replace older

ones, or protocols which add new provisions to older

conventions.

• The International Labour Conference may also approve

the withdrawal of recommendations or conventions

which have not entered into force.

• Between 1995 and 2002 the Governing Body reviewed all ILO standards adopted before 1985, the decision: • 71 conventions – including the fundamental and priority

conventions and those adopted after 1985 – were designated as being “up-to-date” and recommended for active promotion.

• Of the remaining standards, some needed to be revised, some had an interim status, some were outdated, and some others require further information and study.

• In 1997 the ILO Constitution was amended to allow abrogation of a convention in force if recognized as obsolete by two-thirds vote of delegates in International Labour Conference.

• for drafting and implementing labour law in conformity with internationally accepted standards.

• As sources of international law applied at the national level (e.g. in courts to decide cases on which national law is inadequate or silent)

• As guideline for social policy such as employment policies; social security administration systems and for systems of labourdispute resolution

• In trade agreements to protect and/or promote labour rights

• As guides or principles for socially-responsible enterprise practices