Employers' Handbook on ILO Standards-related Activities

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For more detail, see: INTRODUCTION ILO fundamental Conventions l Forced Labour Convention, 1930 (No. 29) l Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) l Right to Organise and Collective Bargaining Convention, 1949 (No. 98) l Equal Remuneration Convention, 1951 (No. 100) l Abolition of Forced Labour Convention, 1956 (No. 105) l Discrimination (Employment and Occupation) Convention, 1958 (No. 111) l Minimum Age Convention, 1973 (No. 138) l Worst Forms of Child Labour Convention, 1999 (No. 182) l ILO: Summaries of international labour standards (Geneva, 1991); l ILO: International Labour Conventions and Recommendations 1919 – 1995, Volumes I, II and III (Geneva, 1996) + leaflets containing the text of individual Conventions and Recommendations adopted after 1995; l ILO website: www.ilo.org (International Labour Standards). History of ILO standard-setting Already in the nineteenth century, as a result of increasing industrialization, a need was felt for the promotion of better labour conditions by way of regulation at international level. At international conferences in Berlin (1890) and Brussels (1897) attempts were made to set up an international labour standard-setting machinery. These attempts, however, did not bear fruit. In 1901, the International Association for Labour Legislation was founded in Basel. The Association held international conferences in Bern in 1905 and 1906, which adopted two international labour conventions (reduction of white lead; ban on night shifts in industry for women workers). The outbreak of the First World War in 1914 prevented the adoption of further instruments. In 1919, as Part XIII of the Treaty of Versailles, the ILO was founded and standard-setting began the same year with the adoption of six Conventions and six Recommendations. In contrast to the International Association for Labour Legislation, the ILO involved workers’ and employers’ representatives from member States in its standard-setting work right from the beginning. The objective was to benefit from their particular experience in labour questions in order to make ILS realistic and widely applicable. In the period between the two World Wars, the ILO adopted ILS on the minimum age for employment, hours of work, weekly rest, holidays with pay and maternity protection, among others. 3
4 EMPLOYERS’ HANDBOOK ON ILO STANDARDS-RELATED ACTIVITIES The ILO was the only part of the League of Nations to survive the Second World War and standard-setting work was taken up again in 1946. ILS were adopted on issues such as freedom of association, equality of opportunity in employment, minimum wages, labour administration, industrial relations, employment policy, working conditions, social security, occupational health, and employment at sea. As time went by, international rules were developed on many social and labour issues, and made available to member States. During the decades of the “cold war”, ILO standard-setting and supervision were repeatedly attacked by communist countries, which regarded these activities as interference with national sovereignty. Because of communist party domination, true freedom of association and tripartism did not exist in most of these countries until 1990. To date, ILS have exerted a remarkable influence on national labour law and practice in countries all over the world. Although other means of action, in particular technical cooperation, have gained importance over the years, ILS have retained a key role in this regard and tripartism is still a unique feature in ILO standards-related activities. The ILO is regarded as the most important international organization setting, promoting and supervising ILS. Its outstanding normative role in social and labour matters has been reconfirmed and strengthened in recent years by the World Summit for Social Development, held in Copenhagen in 1995 and by the WTO Ministerial Meeting in Singapore in 1996. Appendix 1 lists the official titles of all Conventions and Recommendations adopted by the ILO in chronological order. These provide a good historical overview of ILO standard-setting. For more detail, see: l Waline, Pierre: Un patron au bureau international du travail (Paris, 1976). l Oechslin, J.-J.: The International Organisation of Employers, Three quarters of a century at the service of enterprises (1913 – 1998) (Geneva, 2001). Rationale for ILS The basic idea behind ILS is to promote improvements in social and labour conditions at national level through regulation at international level. The reasons and motives for ILS are affirmed in more detail in the Preamble to the ILO Constitution. They were complemented in 1944 by the Declaration of Philadelphia, which is appended to the ILO Constitution. Despite changes of interpretation and shifts in emphasis over the course of time, the basic justification for ILS remains valid to date: l There is a need to adopt humane conditions of work. This is the moral or humanitarian motive for setting ILS. The Declaration of Philadelphia (1944) complemented this motive with the more dynamic concept that “all human beings … have the right to pursue both their material well-being and their spiritual development in conditions of freedom and dignity, of economic security
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