INTERNATIONAL LABOUR STANDARDS CONCERNING LABOUR INSPECTION Lejo Sibbel

INTERNATIONAL LABOUR STANDARDS CONCERNING LABOUR INSPECTION Lejo Sibbel Senior Specialist, International Labour Standards and Labour Law ILO Decent Work Team, Eastern Europe and Central Asia, Moscow

ORIGINS OF THE ILO WHEN? • 1919 (TREATY OF VERSAILLES, END WW I) • SAME TIME AS LEAGUE OF NATIONS (PREDECESSOR OF THE UN) WHY? • HUMANITARIAN: EFFECTS OF INDUSTRIALIZATION • POLITICAL: EFFECTS OF RUSSIAN REVOLUTION • ECONOMIC: EFFECTS OF NATIONAL REGULATION OF LABOUR ISSUES ON COMPETITIVE POSITION OF COUNTRIES 2

ORIGINS OF THE ILO • 1946: ILO FIRST SPECIALIZED ORGANISATION OF THE UN • 1969: ILO RECEIVES NOBEL PEACE PRIZE • 2018: 187 MEMBER STATES 3

ILO TRIPARTISM 4

CONTEMPORARY VISION 2008 ILO DECLARATION ON SOCIAL JUSTICE FOR A FAIR GLOBALIZATION • Places concept of “Decent Work” at the center of economic and social policies • Decent Work - four strategic objectives - Employment - Social protection - Social dialogue and tripartism - Fundamental principles and rights at work 5

MEANS OF ACTION STANDARD-SETTING TECHNICAL CO-OPERATION 6

INTERNATIONAL LABOUR STANDARDS CONVENTIONS (189) RECOMMENDATIONS (205) LEGALLY BINDING WHEN RATIFIED GENERAL OR TECHNICAL GUIDELINES 7

CONVENTIONS BY TYPE • 8 FUNDAMENTAL CONVENTIONS • 4 GOVERNANCE (PRIORITY) CONVENTIONS • 177 TECHNICAL CONVENTIONS (OSH, SOCIAL SECURITY, SEAFARERS, MIGRANT WORKERS, ETC. ) 8

REGIONAL OVERVIEW – ALL Cs Arm Aze Bel Geo Kaz Kyr Rus Taj Tur Uzb Total 29 58 49 18 24 53 75 50 9 14 Fundamental 8 8 8 8 8 Governance 3 4 3 2 4 3 3 3 - 1 Technical 18 46 38 8 12 42 64 39 1 5 2015 2008 2017 2014 2016 Latest 2006 2016 2004 2018 9 Last 5 years - 1 - 2 6 - 7 2 3 1

ILO SUPERVISORY SYSTEM • Purpose: To create a dialogue between the ILO and Governments with the aim to ensure full application of Conventions and Recommendations in law and practice. • Output of supervision offers guidance for national action: • • • Legislation Judicial practices and systems Administrative practices and systems Collective agreements Advocacy tools • Basis for ILO technical cooperation – Particularly relevant within framework of CAS discussions 10

ILO SUPERVISORY SYSTEM Two Pillars • The Committee of Experts on the Application of Conventions and Recommendations – CEACR • 20 independent and impartial experts • Technical examination of the application, in law and practice, of Conventions and Recommendations through different mechanisms. • The Committee on the Application of Standards of the International Labour Conference – CAS • Tripartite body • Provides opportunity for the representatives of governments, employers and workers to examine together the manner in which States are fulfilling their standards-related obligations. 11

ILO STANDARDS CONCERNING LABOUR INSPECTION 12

LI – RELEVANT STANDARDS § C 081 - Labour Inspection Convention, 1947 (No. 81) § P 081 - Protocol of 1995 to the Labour Inspection Convention, 1947 § C 129 - Labour Inspection (Agriculture) Convention, 1969 (No. 129) § C 150 - Labour Administration Convention, 1978 (No. 150) 13

REGIONAL OVERVIEW – LI Cs Arm Aze Bel Geo Kaz Kyr Rus Taj Tur Uzb C. 81 + + + -- -- P. 81 -- + -- -- -- C. 129 -- + -- -- -- C. 150 + -- -- + + -- -- -14 Total 2 3 2 0 2 2 3 1 0 0

C 81 – SYSTEM AND ROLE OF LI • AIM: FOR RATIFYING STATES TO MAINTAIN A SYSTEM OF LABOUR INSPECTION IN INDUSTRY AND COMMERCE (C 129 covers agriculture and P 81 non-commercial activities) • ROLE OF LABOUR INSPECTION (Art. 3. 1) – ENFORCEMENT OF LEGAL PROVISIONS – SUPPLY TECHNICAL ADVICE TO E AND W – IDENTIFY ISSUES NOT COVERED BY LAW (LEGAL DEVELOPMENT) 15

POWERS OF LABOUR INSPECTORS (Art. 12) • To enter freely and without previous notice at any hour of the day or night any workplace. • To carry out any examination, test or enquiry – – To interrogate, alone or in the presence of witnesses, the employer or the staff – To examine documents and take samples To issue orders with a view to remedying defects and to decide whether it is appropriate to give a warning and provide advice, or to launch or recommend legal action. 16

SANCTIONS (Arts. 17 and 18) • VIOLATIONS OF LEGAL PROVISIONS: LIABLE TO PROMPT LEGAL PROCEEDINGS • DISCRETIONARY POWER TO GIVE WARNING AND ADVICE INSTEAD OF INITIATING LEGAL PROCEEDINGS • ADEQUATE PENALTIES FOR VIOLATIONS AND FOR OBSTRUCTIN LABOUR INSPECTORS IN PERFORMANCE OF DUTIES 17

SANCTIONS - PRACTICE • Sanctions are complementary to the overall purpose of promoting compliance with labour legislation • Sanctions must be effectively applied and enforced • Sanctions must be designed, implemented and administrated in a coherent manner • Sanctions must be progressive, according to the increased severity of labour law violations 18

NEGATIVE REGIONAL TREND 2017 CAS LONG LIST (C 81) 2017 CAS SHORT LIST (C 81) ARMENIA, CONGO, INDIA, QATAR, UKRAINE AND INDIA 2018 CAS LONG LIST (C 81) 2018 CAS SHORT LIST (C 81) MOLDOVA, PAKISTAN, UKRAINE MOLDOVA AND UKRAINE 19

THANK YOU! 20