The ILO International Labour Standards and Supervisory Mechanisms

The ILO, International Labour Standards and Supervisory Mechanisms Presented by Cerilyn A. Pastolero Project Coordinator, ILO Manila your name

+ Key Points for Discussion What is the ILO? What are International Labour Standards? What are the ILO’s supervisory mechanisms? Improved understanding and appreciation of what the ILO does and the value of international labour standards your name

The International Labour Organization • UN Specialized agency • The only tripartite organization in the UN, employers and workers have equal voice with that of government • 185 member States • 40 field offices • Devoted to advancing decent work for women and men your name

4 Pillars of Decent Work 1. Rights At work 4. Social Dialogue 2. Employment Strategic Objectives 3. Social Protection your name

What the ILO Does v Set international standards & monitoring implementation v Provide technical assistance – Advisory services, Technical cooperation project v Promote development of employers' & workers' organizations v Foster dialogue between constituents v Research and statistics your name v Forums and training

Types of International Instruments Convention Recommendation (206 Protocol Declaration Resolution Guidelines Memorandum your name

Characteristics of standards Standards are set at the global level & are UNIVERSALITYapplicable to countries of different contexts FLEXIBILITY The standards are set in the spirit of realism & effectiveness TRIPARTISM Reflects tripartite international consensus your name

National Standards should go above the International National Labour Standards Working Hours Maternity Protection FOA Safety & Health Minimum Age No Discrimination Collective Bargaining Minimum International Labour Standards your name

• What are the matters covered by ILS? All matters related to work, such as: FOA, collective bargaining & industrial relations Equality Forced labour Occupational safety & many other issues & health Social Security in the world of work Wages Vocational guidance & training Tripartite consultation Hours of work & rest Employment policy and promotion Migrant workers

• Eight are up-to-date fundamental Conventions (Declaration on Fundamental Principles & Rights Fundamental at Work, 1998) Conventions – – Fo. A & collective bargaining elimination of forced labour abolition of child labour elimination of discrimination at work • Four Conventions are governance Conventions Governance Conventions – – employment policy labour inspection in agriculture tripartite consultation your name 11

Ratification • Official commitment to be bound by the requirements of a Convention under international law • Political decision • Cannot involve reservations • Consequences: (1) implementation of the Convention, both in law and in practice; (2) oversight by the supervisory mechanisms your name

How ratified Conventions should be implemented? Convention Article 1… Article 2… Article 3… Article 4… be t s u M stent i Cons Must Cons be istent National Laws Labour Standard Law Trade Union Act Manpower Act etc… Enforcement Practice Must be implemented properly Regular monitoring, check-up and technical support through “Supervisory Mechanism” your name

The ILO Supervisory Mechanisms A means to monitor & promote the application of standards based on tripartite dialogue The most elaborate & institutionalized international system of supervision your name

Supervisory Mechanism ILO has developed the supervisory mechanism to ensure/support the implementation of ratified Conventions by Member States Regular Reporting Mechanism Special Complaint Mechanism Special Mechanism for FOA your name

2 Main Bodies under Regular Supervision The Committee of Experts on the Application of Conventions & Recommendations The Conference Committee on the Application of Standards your name

Value of Art. 22 Report ( Regular Supervision) Workers’ observations Tripartite report (ideally) ILO Committee of Experts on Application of Conventions and Recommendations Gov. must provide additional information/ explanation to the CEACR Dir. Request Government Observation Employers’ observations ILO Conference Committee on Application of Conventions & Recommendations Workers’ Group 25 selected serious cases Employers’ Group Annual Report of the Committee of Experts • Compilation of observations, interpretations, recommendations of the CEACR on non-observance and specific violation cases your name

Content of Detailed Reports Authorities responsible & their activiies for enforcing relevant laws, regulations, etc. Judiicial or administrative decisions General evaluation by the govt on the application of the Convention Observations of W & E Communication of copies of reports to E and W your name

Comments of CEACR Observations Direct requests Suggestions of use of technical assistance- • used to help countries w/ difficulties of a technical nature, w/c alerts & triggers the Office to respond to such requests your name

Reporting on ratified Conventions: CEACR Comments: by Convention and Country • Observation • Published in its report • Reasons for issuing • Existence of a serious divergence in law & practice • Persistent non-response to previous comments • Comments made by a W or E • Request of the Conference Committee on Application of Standards to have the matter included in the Committee’s report • Showing progress in law and practice your name

Special Procedures 1. “Representations” by employers’ or workers’ organizations (art. 24) 2. “Complaints” by member States or delegates to the International Labour Conference (art. 26) 3. Complaints alleging violation of Fo. A principles – Governing Body Committee on Fo. A – Regardless whether country is bound by Conventions on Fo. A. 22 your name

CFA PROCEDURE: Complaint Insufficiently substantiated allegations Government Director General * Average period before complaint is first filed is 10 months Sufficiently substantiated allegations CFA • Considers government’s observations & may ask for further facts or statements from the complainant and/or government • Proposes conclusions and recommendations to the Governing Body CFA to monitor actions taken CEACR to monitor actions taken in the case of ratified Conventions your name

THANK YOU!! your name