www itcilo org International Training Centre of the
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www. itcilo. org International Training Centre of the ILO © International Training Centre of the ILO 2007 Introduction to ILO and its International Labour Standards System: the Role of Trade Unions Turin, October 2010 1
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© International Training Centre of the ILO 2007 www. itcilo. org International Training Centre of the ILO 3
© International Training Centre of the ILO 2007 www. itcilo. org International Training Centre of the ILO 4
International Labour Standards Conventions n International treaties n When ratified, are legally binding n If not ratified, could represent legal objectives and influence national legislation n 188 Conventions l Recommendations n Not open to ratification n Not legally binding n Provide general or technical guidelines on national policy and practice n 200 Recommendations l Protocols www. itcilo. org International Training Centre of the ILO © International Training Centre of the ILO 2007 l 5
© International Training Centre of the ILO 2007 www. itcilo. org International Training Centre of the ILO 6
The Double-discussion Procedure Suggestions from governments, workers, employers, ILO Office, UN Agencies, etc. Role of social partners: GOVERNING BODY Participation Governments Consultation OFFICE: I Report OFFICE: II Report TRIPARTITE CONFERENCE COMMITTEE First discussion Participation OFFICE: III Report OFFICE: IV Report Governments TRIPARTITE CONFERENCE COMMITTEE Second discussion CONFERENCE PLENARY Adoption www. itcilo. org International Training Centre of the ILO Consultation Participation 7 © International Training Centre of the ILO 2007 Governments
Standard-Setting First Discussion 2010 2011 www. itcilo. org - Strengthening national responses to HIV/Aids in the world of work ( with a view to the adoption of an autonomous Recommendation) - Decent work for Domestic workers (Standard setting) International Training Centre of the ILO 8 © International Training Centre of the ILO 2007 2009 Second Discussion
Ratification of Conventions the formal commitment by a member State to n give effect, both in law and in practice, to the provisions of a Convention and n to accept international supervision 9 © International Training Centre of the ILO 2007 l Is
ILO supervisory mechanisms SPECIAL SYSTEMS OF SUPERVISION l Involve cases of specific allegation of violations against a Member State 10 © International Training Centre of the ILO 2007 REGULAR SYSTEM OF SUPERVISION l Based on the obligation to report on the application of each ratified Convention
Functions of the ILO supervisory bodies the respect of ILO Member States obligations stemming from ILS l In so doing, clarify the meaning and scope of ILS provisions l Through their action, a body of “case law” has been progressively built up 11 © International Training Centre of the ILO 2007 l Supervise
The Regular Supervisory Process Governments send reports Social partners may comment 1 st June – 1 st September INTERNATIONAL LABOUR OFFICE & December COMMITTEE OF EXPERTS ON THE APPLICATION OF CONVENTIONS AND RECOMMENDATIONS examines reports, comments and related information Direct requests sent to the government and the social partners in the country concerned February Observations published in the CEACR’ Report March TRIPARTITE CONFERENCE COMMITTEE ON THE APPLICATION STANDARDS examines the CEACR’ Report and discusses a selection of cases June INTERNATIONAL LABOUR CONFERENCE discusses and adopts the Committee’s Report in plenary 12 © International Training Centre of the ILO 2007 November
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The Committee of Experts on the Application of Conventions and Recommendations l Consists eminent qualifications n the legal field n Appointed by the Governing Body upon proposal made by the Director-general n Appointed for renewable 3 year term n Independent, impartial and objectives 14 © International Training Centre of the ILO 2007 n With of 20 persons
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The Conference Committee on the Application of Standards of well over 150 members n From the three groups of delegates and advisers n Charged with examination of the Committee of Experts’ Report and discussion of selected cases 17 © International Training Centre of the ILO 2007 l Consists
Special systems of supervision FREEDOM OF ASSOCIATION PROCEDURES l Even if the Convention concerned has not been ratified 18 © International Training Centre of the ILO 2007 REPRESENTATIONS (ART. 24) AND COMPLAINTS (ART. 26) l Only when the Convention concerned is ratified
l l l Elaboration and adoption of ILS Submission to the competent authorities Promotion of ratification and implementation Sending comments on n the application of ratified conventions (article 22) n the effect given to recommendations and non ratified conventions (article 19) Filing complaints Following up the comments and recommendations of the supervisory bodies www. itcilo. org International Training Centre of the ILO 19 © International Training Centre of the ILO 2007 Trade unions are invited to have an active role in:
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