W. Frhr. von Richthofen Duesseldorf - November 2009 Slide 1/21

““Implementing Occupational Safety and Health Standards Globally””

The Role of Labour Inspection, Social Partners,Social Security, Practitioners and Non-State Actors

International ILO ConferenceDüsseldorf, Germany3-6 November 2009

Protection of Protection of Vulnerable Groups of WorkersVulnerable Groups of Workers

Outline of a presentation byOutline of a presentation by

W. Frhr. von RichthofenW. Frhr. von RichthofenInternational Consultant onInternational Consultant on

Labour Inspection/ProtectionLabour Inspection/ProtectionTechnical Adviser to IALITechnical Adviser to IALI

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General characteristicsGeneral characteristics

Vulnerable groups of workers are often Vulnerable groups of workers are often physically, physically, economically, socially, and politically weakeconomically, socially, and politically weak

They are They are poorly organized and not representedpoorly organized and not represented

They are often They are often subject to discrimination and abusesubject to discrimination and abuse

They typically have to They typically have to work in physical, geographical, work in physical, geographical, social and/or cultural isolationsocial and/or cultural isolation

They are considered to be They are considered to be (more) easily intimidated, (more) easily intimidated, manipulated and controlledmanipulated and controlled

In consequence, they are In consequence, they are very often the victims of very often the victims of (extreme) exploitation(extreme) exploitation

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Obstacles to effective protectionObstacles to effective protection

Workers’ protection often restricted to those within legal definition of “worker”, “workplace”, “employee”, or written employment contracts

Or when covered by collective agreements Certain sectors of economic activity are often

excluded in law and/or in practice The so-called informal sector is rarely covered Lack of political will impedes protection Inadequate resources, (or none at all), make

effective protection difficult/impossible.

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Typical categories of vulnerable workers:Typical categories of vulnerable workers: Women workersWomen workers Domestic household workers, Domestic household workers, Home workers, home-based workersHome workers, home-based workers Young persons and child labourersYoung persons and child labourers Mentally or physically challenged personsMentally or physically challenged persons Migrant workers, (both nationals and foreign)Migrant workers, (both nationals and foreign) Forced or bonded labour, trafficked persons Forced or bonded labour, trafficked persons Temporary, seasonal, casual, part-time workersTemporary, seasonal, casual, part-time workers Workers in (chains of) subcontractsWorkers in (chains of) subcontracts Informal economy workersInformal economy workers Rural workersRural workers Other types of « vulnerable » workers.Other types of « vulnerable » workers.

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Labour inspection issuesLabour inspection issues

Labour inspectorates often do not protect these groupsLabour inspectorates often do not protect these groups

The Law confines activities to particular types of workersThe Law confines activities to particular types of workers

Usually formal-sector wage-based employmentUsually formal-sector wage-based employment

Physically limited coverage, lack of mobilityPhysically limited coverage, lack of mobility

Vulnerable workers often isolated, difficult to reachVulnerable workers often isolated, difficult to reach

Activities focus on the organized rather than unorganizedActivities focus on the organized rather than unorganized

Inspectors do not use Article 3, para 1 ILO C. 81Inspectors do not use Article 3, para 1 ILO C. 81

Difficulties in developing new strategies, Difficulties in developing new strategies,

Inability to strike new partnershipsInability to strike new partnerships

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Legal and practical issues facing inspectorsLegal and practical issues facing inspectors

• Workers often work (and live) on the private premises of the employer

• Issue: Inviolability of the private home

• Access only with the consent of the owner or occupier; therefore, use:

• Surprise element of unannounced visit -

• Or summon employer to the office; and• Exercise discretion to reach their objectives

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Legal and practical issues (ctd.)Legal and practical issues (ctd.)

o Difficulties when interviewing potential victims

o Victims often intimidated/threatened

o May therefore not tell the truth

o Many perceive their alternatives as limited

o Inspectors must use tact and powers of persuasion – (but often not trained to do so)

o And be completely informed about unfair labour practices and unfair labour indicators

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Essential social protection issues to checkEssential social protection issues to check

Legal/illegal employmentLegal/illegal employment Minimum ageMinimum age Written contracts of employmentWritten contracts of employment Basic remuneration paidBasic remuneration paid Payment made at proper intervalsPayment made at proper intervals Deductions correctly calculatedDeductions correctly calculated All allowances paidAll allowances paid Hours of work, rest periods, and holidays Hours of work, rest periods, and holidays Overtime not exceeding legal limits and properly Overtime not exceeding legal limits and properly

authorized and calculatedauthorized and calculated Social contributions (registration/remittance)Social contributions (registration/remittance)

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Example: Domestic household workersExample: Domestic household workers Often work alone in the home of their employerOften work alone in the home of their employer A severe form of isolation main reason for A severe form of isolation main reason for

frequent abusefrequent abuse Mental, physical and sexualMental, physical and sexual Excessive working hoursExcessive working hours Refusal to grant leaveRefusal to grant leave Child labour practicesChild labour practices Non-payment of wagesNon-payment of wages Deprivation of freedomDeprivation of freedom Other grave violations of labour (and criminal) lawOther grave violations of labour (and criminal) law

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Possible approachesPossible approaches

Access to home/domestic workers Access to home/domestic workers through:through:

– Other government (e.g. social) servicesOther government (e.g. social) services– Sector-relevant NGOsSector-relevant NGOs– Community outreachCommunity outreach– Faith-based organisationsFaith-based organisations– Well-planned use of the media to encourage Well-planned use of the media to encourage

home workers to lodge formal complaintshome workers to lodge formal complaints

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Law enforcement is a major part Law enforcement is a major part of the solutionof the solution

Impunity for offenders one of the most important reasons why illegal labour practices and exploitation continue

Action requires a broad-based, integrated approach

Rigorous law enforcement is possible Combined with available prevention

and rehabilitation of victims Multiple actors must work together

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Example: Workers in sub-contracting chains (I)Example: Workers in sub-contracting chains (I)

TypicallyTypically found in many sectors, such as: found in many sectors, such as: Construction sectorConstruction sector Repair and maintenance sectorRepair and maintenance sector Agriculture, forestry and othersAgriculture, forestry and others

ReasonsReasons: : Provision of services only as and when neededProvision of services only as and when needed Downsizing and outsourcingDownsizing and outsourcing Reduction to so-called « core activities »Reduction to so-called « core activities »

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Workers in sub-contracting chains (II)Workers in sub-contracting chains (II)

o One company will take on a certain taskOne company will take on a certain tasko Contract certain parts to other companiesContract certain parts to other companieso The most hazardous and most difficult work at The most hazardous and most difficult work at

the end of the sub-contract chainthe end of the sub-contract chaino Regularly done by the least trainedRegularly done by the least trainedo The least qualified for dangerous tasksThe least qualified for dangerous taskso Often foreign (illegal) migrantsOften foreign (illegal) migrantso Increasingly also trafficked (forced) labourIncreasingly also trafficked (forced) labour

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ProblemsProblems Concurrent presence of many small firmsConcurrent presence of many small firms Working separately on the same siteWorking separately on the same site Problems coordination of OS&H measuresProblems coordination of OS&H measures Allocation of multiple responsibilitiesAllocation of multiple responsibilities Reactions to a common risk are divergentReactions to a common risk are divergent Fragmentation in the construction industryFragmentation in the construction industry Regularly a source of concern for authorities Regularly a source of concern for authorities

responsible for supervision of labour protection responsible for supervision of labour protection regulations and standardsregulations and standards

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Workers in the informal economyWorkers in the informal economy

No single accepted definitionNo single accepted definition Both the urban and the rural informal sectorBoth the urban and the rural informal sector May be highly organized and structuredMay be highly organized and structured May include quite large establishmentsMay include quite large establishments Both manufacturing and servicesBoth manufacturing and services Distinction increasingly becoming doubtfulDistinction increasingly becoming doubtful Most modern protection legislation covers all Most modern protection legislation covers all

enterprises employing one or more workersenterprises employing one or more workers Many countries also cover the self-employedMany countries also cover the self-employed

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DifficultiesDifficulties

• Both in legal and in practical issuesBoth in legal and in practical issues• Most informal-sector operators run SMEsMost informal-sector operators run SMEs• Coverage rate of SMEs generally very low:Coverage rate of SMEs generally very low:• Germany: about 20% of all establishmentsGermany: about 20% of all establishments• Japan: less than 10% of enterprisesJapan: less than 10% of enterprises• USA: not much more than 2% (OSHA)USA: not much more than 2% (OSHA)

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SolutionsSolutions Credible, effective enforcement systemsCredible, effective enforcement systems Clear, comprehensive, coherent and Clear, comprehensive, coherent and

consistent enforcement policiesconsistent enforcement policies Well trained, highly qualified inspectorsWell trained, highly qualified inspectors High performance standardsHigh performance standards Effective systems for identifying prioritiesEffective systems for identifying priorities Strongly supported by committed social Strongly supported by committed social

partner organizationspartner organizations

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ConclusionsConclusions

Effective protection of vulnerable groups requires:

☺ Strong political will at the highest level☺ Fully committed social partner organizations☺ A policy of comprehensive coverage☺ Laws that are inclusive☺ A clear role for labour inspection☺ Making protection a priority☺ Multi-actor, broad-based strategies

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For more information, please For more information, please consult:consult:

Now available in 12 languagesNow available in 12 languages

W. Frhr. von Richthofen Duesseldorf - November 2009 Slide 21/21

Thank you for your attention!Thank you for your attention!

Wolfgang Frhr. von RichthofenWolfgang Frhr. von RichthofenInternational Consultant on Labour International Consultant on Labour

Protection/Inspection,Protection/Inspection,Technical Adviser to IALI, andTechnical Adviser to IALI, andConsultant for the World BankConsultant for the World Bank

23, ch. Grotte-Garin23, ch. Grotte-GarinF-01710 Thoiry, FranceF-01710 Thoiry, France

Tel./Fax 0033/450’20’86’50Tel./Fax 0033/450’20’86’50vonrichthofen@wanadoo.frvonrichthofen@wanadoo.fr