Decent Work for Transport Workers ILO and Freedom

Decent Work for Transport Workers ILO and Freedom of Association Evelin Toth, ITC-ILO, Actrav Bucharest 11/22/2020

Overview of the presentation • International Labour Organisation and its role in the globalisation era • International labour standards • Freedom of association

Tripartism Since its creation, the essential role of the ILO has been the pursuit of cooperation between governments, employers and workers in furtherance of social justice with a view to universal and lasting peace

ILO’s UNIQUE TRIPARTITE STRUCTURE WORKERS GOVERNMENTS EMPLOYERS

The ILO … 183 Countries together to promote economic growth, social justice and human rights related to work in all its aspects and worldwide ILO Decent Work Agenda EUROPE – region with highest ILS ratification rate

Decent work, what is it? 4 strategic objectives of the ILO • • Fundamental principles and rights at work Decent job and decent income Social protection Tripartism and social dialogue.

Deficit of decent work • 212 million unemployed in the world • 81 million unemployed youth (15 -24 years) • 633 million of workers and their families living of less than 1. 25 USD per day • 1. 5 billion workers (50, 6%) in vulnerable employment (ILO statistics 2010)

Decent work – safe work! • Every year more than 2 million working men and women die at work or from professional diseases; • 270 million of non-fatal accidents at work per year; • Asbestos kills 100, 000 persons, • At world level, a worker dies every 15 seconds, • 6, 000 workers dies every day. Work kills more perople than the wars!

Globalisation of rights International labour standards system • A guarantee of respect of basic human rights for workers all over the world. • Universal rights (can be applied in different economic and social circumstances)

International labour standards 188 CONVENTIONS 200 RECOMMENDATIONS • Adopted by the International Labour Conference • Open to ratification TOTAL 7714 RATIFICATIONS • Not open to ratification • MINIMUM STANDARDS – NOT MAXIMUM STANDARDS !

Fundamental Conventions All Members have an obligation to respect their principles, irrespective of ratification • Forced Labour (Nos. 29 and 105) • Freedom of Association and Collective Bargaining (Nos. 87, 98) • Child Labour (Nos. 138, 182) • Equality (Nos. 100, 111) minimum rules!

World Economic Forum Report on Global Competitiveness The most competitive world economies: • Switzerland • • Sweden Singapore United States Germany Japan Netherlands Denmark Canada

Is fair competition possible in a competitive world? Freedom of Association Country Foreced Labour Equality Child Labor C. 87 C. 98 C. 29 C. 105 C. 100 C. 111 C. 138 C. 182 Cina x x Denmark x x x x Finland x x x x Germany x x x x India x x Italy x x x x Giappone x x x Paesi Bassi x x x x Singapore x x x Swezia x x x x Swizzera x x x x Regno Unito x x x x USA x x Total of 181 148 158 172 170 164 166 150 165

Taking application of Conventions seriously

C. 87 Freedom of association (1948. ) Right to organise Right to bargain Right to strike

• Objective: Freedom of association without interference from public authorities (independence) • Scope: all employers and workers without distinction • Exception: armed forces and police (narrowly defined)

• Without distinction whatsoever (public servants, rural workers, home workers, EPZ workers, seafarers, young workers, teachers, managers, foreigners) • To establish organizations of their own choosing (trade union pluralism) • Without previous authorization (registration, minimum membership)

• Draw up their constitutions and rules (only formal requirements, no prior approval) • Elect their representatives (results not subject to approval, eligibility requirements not excessively restrictive) • Organize their administration (autonomy, financial independence, protection of assets and property) • Organize their activities and formulate their programmes (hold meetings, access to the workplace, political activities, the right to strike)

Right of workers’ and employers’ organizations to formulate their programmes (art. 3, C. 87) means • Right to hold meetings • Right to have access to the working place by trade union leaders with due respect for the rights of property and management • Right to communicate with management • Right to strike

• Right to form federations and confederations (Articles 5, 6) • Right to affiliate with international organizations of employers and workers (Article 5) • No dissolution or suspension by administrative measures (Article 4)

Right to strike • Essential means available to workers for the protection and promotion of their interests • Not an absolute right. Restrictions in case of: – acute national crisis – members of the armed forces and the police – public servants exercising authority in the name of the State – workers in essential services in the strict sense of the term

Essential services • Essential means available to workers for the protection and promotion of their interests • Not an absolute right. Restrictions in case of: – acute national crisis – members of the armed forces and the police – public servants exercising authority in the name of the State – workers in essential services in the strict sense of the term

• Strike may endanger life, personal safety, health: – hospitals – electricity services – water supply services – telephone service – air traffic control

Non-essential services • • • Radio and television the petroleum sector and ports banking computer services for the collection of excise duties and taxes department stores and pleasure parks the metal and mining sectors transport generally refrigeration enterprises hotel services • • • construction automobile manufacturing aircraft repair agricultural activities the supply and distribution of foodstuffs the government printing service the state alcohol, salt and tobacco monopolies the education sector postal services

Right to strike § Most visible form of collective action in the context of a labour dispute § Even if not expressly mentioned in ILO Conventions on FOA, the right to strike is fully recognized and protected § Legitimate weapon of workers’ organizations in furtherance of their members’ interests

§ The law may subordinate the exercise of the right to strike to certain prerequisites (reasonable criteria) ÄPrerequisites found to be acceptable: • Take strike decisions by secret ballot • Give prior notice to the employer before calling a strike • Conciliation, mediation, voluntary arbitration

Ä Prerequisite not acceptable: • Decision by over half of all the workers involved • A quorum requirement of two-thirds • Compulsory arbitration before calling strike (when the result is binding)

Solidarity … but