IFA State of the play

IFA STAT

E OF THE PL

AY

A R N O U T D E K O S T E R , I T C I L O , E M P L O Y E R S A C T I V I T I E S

IFA STAT

E OF THE PL

AY

FROM SPECIFIC ANGLE:

ILO NORMS AS

CENTRAL R

EFERENCE

POINT IN

IFAS

THEMESIFA has part of tendency to create body of international labour law regulations which are direct and universally applicable Reference point for such international regulation: ILO international labour standards

Questions raised:

• what is the real contents?• what is the binding character?

1. TREND: LEVEL OF LABOUR LAW REGULATION IS PARTIALLY SHIFTING

Until 1980:

Labour law provides for national, sometimes regional (EU), regulations and approach Vs.Worldwide globalised business and increasing centralised HR

International bodies create international guidance via

ILO labour standards (approx 180 Conventions

since 1919)Guidelines OECD – ILO

Nuance:

But:International guidance remains - Dependent upon ( voluntary) national

ratification (ILO conventions)Or

- Totally voluntary and very general (guidelines)

From 1985-90 onwards: initiatives to create law or obligations directly and universally applicable in all countries and/or enterprises via:* Fundamental International Labour Standards(national ratification becomes less crucial)• Contractual arrangements (IFA) or

voluntary adherence to UN Compact • Codes of Conduct

Common features: • Contents: Increasing consensus on

need to create universal rights or obligations increases

• Adhesion: still voluntary • Increasing pressure for adhesion and

compliance via audits, procurement, reporting, complaints procedures, and via external pressure from NGO and trade unions

Underlying drivers for more universal approach:- Compensate economic globalisation with

political/ social globalisation of norms- Management desire for globalised and

centralised approach - Protectionism- Activism affecting consumers, workers and later

on rating institutions - Moral indignation with unacceptable situations

– strong inequality, based upon also increasing information flows worldwide

RESULT- OUTCOME :

Codes of Conduct : 10.000+ unilateral statements with values/rules applicable throughout company worldwide

UN Compact: 7.000 companies adhere to 10 principles

IFA: est. 140-150 global companies

SPECIFIC RELATED TO LABOUR RIGHTS:

Codes of Conduct: est. 50% include labour issues

UN Compact: adherence includes freedom of association, CB and child labour

IFA: concentrated on labour rights

And more specifically : ILO labour standards as essential point of reference

CONCLUSION TRENDS

From national differentiation to an international universal approach ( general principles but neverthelss clear cut)Still voluntary adherence but increasing pressure to adhere and comply

ILO fundametal conventions are main reference point, in CoC, UN Compact and IFA.

IF ANALYSIS CORRECT:

Following questions become important : 1) What are ILO LS and what is their

contents because ILS are becoming central reference point for emerging body of universal labour law?

2) What is the binding character for companies?

2. ILO LABOUR STANDARDSWHAT?

Instruments drawn up by tripartite International Labour Organisation:

* Conventions: international binding treaties (189)

* Recommendations: non binding guidance/ more detailed (accompany Conventions)

CORE LABOUR STANDARDSCore Labour Standards: fundamental labour rights with a «special status»Cover 4 area’s of fundamental importance, in 8 Conventions:Child labour (n* 138 and 182)Forced labour (n* 29 and 105)Freedom of Association and recoginition collective bargaining (n* 87 and 98)Non discrimination (n*100 and 111)

CORE LABOUR STANDARDS

Special status?

Normal conventions: only «control when ratified»For Core Conventions, even not ratified: to be respected and promoted; special report every year.

CONTENTS OF ILSHOW TO READ?

General principles

but nevertheless

clear cut

And

Additional contents via «jurispruden

tial and interpreting mechanisms

»

WHICH MECHANISMS FOR INTERPRETATION/»JURISPRUDENCE»

Committee of Experts: 20 experts Technical comments, published annually but leading to certain interpretations….

Conference Committee Applications of Standards: tripartite Examines cases and experts report and draws conclusions

Committee Freedom of Association: tripartite . Examines complaints FOA

Result:Text conventions is 1 , interpretation is another

Current discussion on the role of the Committee Experts on the occasion of a discussion on the «right to strike» as deducted from FOA.

Important for these companies where reference is made to ILS in a binding document

ILS : BINDING FOR COMPANIES In principle not directly: only States ratify ILS and make them

binding for all companies via integration in their national system (ratification or direct integration)

BUTSome companies choose to be bound

ILS BINDING FOR COMPANIES?Via

1. Contractual arrangements: IFA2. Unilateral adhesion by reference

in Code of Conduct or unilateral statements

3. Limited literature on the precise meaning of being bound ….

THE HIERACHY IN BINDING Relationsh

ip between binding

character of national

law and ILS

5. A QUICK LOOK AT ILS CONTENTS AND POSSIBLE IMPACT ON COMPANY POLICY

Figures IFA and reference to different ILS( here after)

Codes of Conduct . No figures but some examples also of direct reference to literal ILS ( Grohe, Vattenfals, Bosch …)

3. ILS : A REFERENCE FOR COMPANIES?Some figures

IFA referring to ILS: FOA, CB; CL; FL and others…

CONTENTS FOAPrinciples

Freedom to associateInternal autonomyAutonomy vs stateFreedom to affioliate with other levels Protection against anti union

discrimination

CONTENTS CB

Principles

Promotion of CB by state Encourage voluntary

negotiation

WORKERS REPRESENTATIVESPrinciples

Protection of workers representatives Facilties for functioning Sound relations workers – trade union

representatives

Recommendation 143 Further detail on protection and facilities

ILS : ONLY GENERAL PRINCIPLES?QUID INTERPRETATIONS

Quite some issues:

o Right to strike ?o Unions dues?o What is anti union discrimination?o Bargaining in good faith ?

5.2 CONTENTS CHILD LABOURPrinciples

General minimum age: 15, or 14 in some developing countries ( derogation)

For light work only 13 years or 12 ( developing countries)

For hazardous work min age 18 years, or 16

QUID INTERPRETATIONS Interpretations- issues?

Notion of hazardous workHow to determine age

5.3 CONTENTS FORCED LABOUR

Principles

Prohibition to extract labour from persons

under menace of penalty

Interpretation and issues

Quid overtime?Quid schooling

clauses?

5.4 CONTENTS NON DISCRIMINATIONPrinciples

Prohibition of direct or indirect different treatment based on basis of race, sex, religion, political opinion

Interpretation and issues: How to define discrimination

precisely? Extent of non discrimination

(pensions?) Quid night work for women ?

GENERAL CONCLUSION

Trends towards direct universal obligations

Via unilateral engagements or contractual one’s (IFA)

In labour affairs often via reference to core ILO conventions, literally quoted in IFA and also CoC

RAISES QUESTIONS ON : Reference to which norm;

its precise contents; the

implications in

different

situations?

Binding charcater

and conflict of

laws… and moral obligation

s

Carefulness needed !