Trade Unions on International Labour Standards 21 November

Trade Unions on International Labour Standards 21 November – 2 December, 2016 Employment Policies and International Labour Standards Naoko Otobe (otobe@ilo. org) Employment Policy Department ILO Geneva

Outline 1. 2. 3. 4. Introduction Context of C 122 and ILO perspective Obligations under C 122 Other relevant International Labour Standards and documents 5. Steps to ratify and apply C 122 11/25/2020 Employment Policy and ILSs - Naoko Otobe 2

Introduction Employment Policy Convention, 1964 (No. 122) - Summary: • Full, productive and freely chosen employment – right to work • A governance instrument, showing role of employment policies in crisis recovery • Coordinated socio-economic policies - the route to realization of the right to work • Consultation with social partners 11/25/2020 Employment Policy and ILSs - Naoko Otobe 3

The role of C 122: • Describes policy goals and establishes rights • Places employment at the centre of social and economic development • C 122 as Governance Convention* • The universality of C 122 *Note: Governance Conventions: Labour Inspection Convention, 1947 (No. 81); Employment Policy Convention, 1964 (No. 122); Labour Inspection (Agriculture) Convention, 1969 (No. 129); and Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144). These Conventions which are related to tripartism, employment policy and labour insection, are designated by 2008 Social Justice Declaration, as “most significant from the point of view of governance”. 11/25/2020 Employment Policy and ILSs - Naoko Otobe 4

2. The context of C 122 and ILO perspective 1. The context: • Declaration of Philadelphia (1944) • Adoption of C 122 in 1964 climate of economic growth • Realizing the right to work (Universal Declaration of Human Rights (1948), International Covenant on Economic and Social Rights (1966)) • ILO World Employment Programme from 1976 • Full employment and development (UN Social Development Summit (1995) 11/25/2020 Employment Policy and ILSs - Naoko Otobe 5

• Changing global environment – Deteriorating conditions by 1984 - R 169 • Copenhagen World Summit for Social Development (1995) • Globalization - Declaration on Fundamental Principles and Rights at Work, 1998 • G 20 (1999), • MDGs (2000) • Decent Work Agenda (since 2000) • Global Employment Agenda (2003) • Global financial and economic crisis, 2008 • BRICS (2010) 11/25/2020 Employment Policy and ILSs - Naoko Otobe 6

• 2008 Social Justice Declaration for a Fair Globalization • Global Jobs Pact (2009) • 2010 ILC Recurrent discussion resolution on employment • General survey on C 122, C 142, C 88, C 181, R 189, R 193 (2010) • 2014 ILC Recurrent discussion resolution on employment • SDGs (2015) – Goal 8 on achieving Full, productive, and freely chosen employment and decent work. 11/25/2020 Employment Policy and ILSs - Naoko Otobe 7

2. The ILO’s perspective on employment policies: • DG's report: Standard-setting and tripartism as the ILO's comparative advantages (2010) • Complementarity of employment policies and institutions • ILO in the multilateral system • Norms and international legal system • ILSs providing policy guidance 11/25/2020 Employment Policy and ILSs - Naoko Otobe 8

3. Obligations under C 122 a) Declare and pursue as a major policy goal b) The objectives of employment policy Ø full employment: work for all who are available for and seeking it Ø productive employment: work to be as productive as possible Ø freely chosen employment: freedom of choice without discrimination 11/25/2020 Employment Policy and ILSs - Naoko Otobe 9

c) Relationship with other economic and social objectives Ø Ø Ø Ø 11/25/2020 take account of level of development employment as priority satisfy basic needs poverty reduction crisis management regional factor public procurement Employment Policy and ILSs - Naoko Otobe 10

d) Methods of giving effect to employment policy Ø National means and appropriate structures (exp. Action Plan on NEP overseen by a Committee) Ø Specific programmes as necessary Ø Statistics and labour force analysis and monitoring (LMIS) Ø National and ILO resources (e. g. KILM) 11/25/2020 Employment Policy and ILSs - Naoko Otobe 11

e) Consultations with representatives of persons affected Ø formulating employment policy in its broadest sense and upstream Ø seek cooperation and support Ø employer and worker organisations, informal economy, programme beneficiaries, social associations Ø permanent or adhoc forums etc. Ø initiatives by social partners 11/25/2020 Employment Policy and ILSs - Naoko Otobe 12

4. Other relevant International Labour Standards and documents I. Economic policies for market expansion and increase in labour demand • Employment Policy Recommendation, 1964 (No. 122). • Employment Policy (Supplementary Provisions) Recommendation, 1984 (No. 169). • Employment Promotion and Protection against Unemployment Convention, 1988 (No. 168), and Employment Promotion and Protection against Unemployment Recommendation, 1988 (No. 176). 11/25/2020 Employment Policy and ILSs - Naoko Otobe 13

II. Skills, technology and employability • Human Resources Development Convention, 1975 (No. 142). • Human Resources Development Recommendation, 2004 (No. 195). • Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159) and Vocational Rehabilitation and Employment (Disabled Persons) Recommendation, 1983 (No. 168); • Vocational Rehabilitation Recommendation, 1955 (No. 99). • ILO code of practice on managing disability in the workplace, 2002. 11/25/2020 Employment Policy and ILSs - Naoko Otobe 14

III. Labour market policies • The employment policy standards, including vocational rehabilitation and security of employment (listed above). • Standards related to labour market access for groups traditionally discriminated against: – Discrimination (Employment and Occupation) Convention, 1958 (No. 111), and Discrimination (Employment and Occupation) Recommendation, 1958 (No. 111); – Older Workers Recommendation, 1980 (No. 162); – Special Youth Schemes Recommendation, 1970 (No. 136); – instruments addressing the needs of persons with disabilities (listed above); * * 11/25/2020 Employment Policy and ILSs - Naoko Otobe 15

• Indigenous and Tribal People’s Convention, 1989 (no. 169) and Populations Recommendation, 1957 (No. 104); • HIV and AIDS Recommendation, 2010 (no. 200); • ILO code of practice on HIV/AIDS and the world of work, 2001; • Standards addressing equal remuneration: – Equal Remuneration Convention, 1951 (No. 100), and Equal Remuneration Recommendation, 1951 (No. 90). • Instruments concerning migration policies: – Migration for Employment Convention (Revised), 1949 (No. 97), and Migration for Employment Recommendation (Revised), 1949 (No. 86); – Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143); – Migrant Workers Recommendation, 1975 (No. 151). 11/25/2020 Employment Policy and ILSs - Naoko Otobe 16

IV. Enterprise and cooperatives development • Job Creation in Small and Medium-Sized Enterprises Recommendation, 1998 (No. 189). • Promotion of Cooperatives Recommendation, 2002 (No. 193). 11/25/2020 Employment Policy and ILSs - Naoko Otobe 17

V. Improved governance • Instruments related to building institutions for employment promotion • include: – Employment Service Convention, 1948 (No. 88*), and Employment Service Recommendation, 1948 (No. 83); – Private Employment Agencies Convention, 1997 (No. 181), and Private Employment Agencies Recommendation, 1997 (No. 188). * • Instruments providing guidance on governance issues related to multinational enterprises and their impact on economic and social development include: – Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy, 1977 (amended 2000). * Instrument has been given interim status by the Governing Body. 11/25/2020 Employment Policy and ILSs - Naoko Otobe 18

VI. Declaration on Fundamental Principles and Rights at Work and its Follow-up Underpinning all of the five areas are the instruments contained in the ILO’s ILOs • Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87). • Right to Organise and Collective Bargaining Convention, 1949 (No. 98). • Forced Labour Convention, 1930 (No. 29). • Abolition of Forced Labour Convention, 1957 (No. 105). • Minimum Age Convention, 1973 (No. 138). • Worst Forms of Child Labour Convention, 1999 (No. 182). • Equal Remuneration Convention, 1951 (No. 100). • Discrimination (Employment and Occupation) Convention, 1958 (No. 111). 11/25/2020 Employment Policy and ILSs - Naoko Otobe 19

5. Steps to ratify and apply C 122 In general: • ILO procedures aim to assist in acceptance and implementation of labour standards • ILO support in preparation for ratification and in implementation • Reporting and supervision of application of C 122 (Supervisory Mechanisms) 11/25/2020 Employment Policy and ILSs - Naoko Otobe 20

• Analyse requirements of C 122 against national socio-economic context - Social dimension of macroeconomic policy and of globalization • Identify barriers to ratification and implementation • Encourage ratification of C 122 as a governance standards in Social Justice Declaration • Cooperation: ILO HQ and field; national government institutions and social partners 11/25/2020 Employment Policy and ILSs - Naoko Otobe 21

Steps towards ratification of C 122 1. Analysis: • National socio-economic environment (economic, and labour market situation), including globalization, flexi-security, informal economy, restructuring, poverty reduction and respect for fundamental principles and rights at work. • Gender, youth, older workers, disability, etc. 11/25/2020 Employment Policy and ILSs - Naoko Otobe 22

Checklist of key policy areas for analysis includes: a) Demand side policies (pro-employment macroeconomic and sectoral policies) b) Skills, technology, employability c) Enterprise development d) Labour market institutions and policies e) Governance, empowerment, organisational capital f) Social protection Gender & non-Discrimination, Informality and Youth Employment 11/25/2020 Employment Policy and ILSs - Naoko Otobe 23

2. Informed dialogue: Ø National employer and worker organizations included (dialogue can be national, regional) Ø Other persons affected by employment policies Ø Barriers to ratification and possible ways of overcoming them exposed Ø ILO provides assistance as appropriate 11/25/2020 Employment Policy and ILSs - Naoko Otobe 24

3. Political commitment to full employment Ø Social partners should be fully consulted and their views obtained by the government (and the ILO) Ø Formal political commitment may come at any stage of preparation for ratification or even afterwards 11/25/2020 Employment Policy and ILSs - Naoko Otobe 25

4. Institution building to ensure realization of full employment objective – may include: Ø Mechanisms for fair access to employment Ø Complaints procedures Ø Bodies for consultation of employer and worker representatives and other person affected Ø Labour market bodies (employment services) Ø Placement agencies e. g. for migrant workers Ø Education and training institutes Ø Regulatory framework for SMEs, cooperatives 11/25/2020 Employment Policy and ILSs - Naoko Otobe 26

5. Efforts to achieve and maintain full employment may include: Ø Ensure macroeconomic, trade, investment, industrial policies support full employment objective Ø Training and redeployment programmes Ø Promotion of SMEs, cooperatives Ø Targeted programmes for vulnerable workers Ø Maintenance & monitoring of LM data including regional factors 11/25/2020 Employment Policy and ILSs - Naoko Otobe 27

6. Formal ratification of the Convention Ø May come at any stage Ø Government obtains consent of competent national authority Ø Communication to ILO of instrument of ratification 11/25/2020 Employment Policy and ILSs - Naoko Otobe 28

7. Reporting procedures on the implementation of C 122: • Convention comes into force 12 months after ratification. • First report due the next year. Subsequent reports normally every two years. • First, detailed, report follows form adopted by GB. Later, simplified, reports to answer comments of supervisory bodies. 11/25/2020 Employment Policy and ILSs - Naoko Otobe 29

Finally, • Convention No. 122 over the decades – continued relevance • Fair globalization, and liberalization of trade … • Financial and economic crises. . . • Deregulation of labour markets. . • Exploiting the ILO's comparative advantages. 11/25/2020 Employment Policy and ILSs - Naoko Otobe 30

Thank you for your attention!! 11/25/2020 Employment Policy and ILSs - Naoko Otobe 31

Resources • ILO (2015) National Employment Policies: A guide for workers’ organisations http: //www. ilo. org/employment/Whatwedo/Publications/WCMS_334890 /lang--en/index. htm. • ILO (2013) Guide on employment policy and International Labour Standards - http: //www. ilo. org/global/standards/subjects-covered-byinternational-labour-standards/employment-policy/WCMS_233783/lang-en/index. htm. • ILO (2012) Guide on formulation of national employment policies - http: //www. ilo. org/emppolicy/pubs/WCMS_188048/lang--en/index. htm. 11/25/2020 Employment Policy and ILSs - Naoko Otobe 32