Co-funded by the European Union

Global Development of International Labour Standards, a new IOE publication

  • The International Organisation of Employers (IOE) has contributed a publication for an international comparative guide.
  • The chapter provides an overview of the development of International Labour Standards (ILS), including the processes of standard-setting, ratification, and supervisory procedures at the International Labour Organisation (ILO).

The IOE has contributed an expert analysis chapter in the 2021 International Comparative Legal Guides on Employment & Labour Laws and Regulations, a leading comparative legal guide on employment and labour related matters for legal and business professionals around the world.

In its overview, the IOE reminds that ILS are legal instruments drawn up by the ILO’s tripartite constituents (governments, employers, and workers), which set out basic principles and rights at work. They take the form of Conventions, Recommendations or Protocols. Conventions and Protocols enter the national legal system only if ratified by the ILO Member State, while Recommendations are non-binding guidance texts.

The article gives an overview of the adoption and ratification pace since ILO’s creation in 1919, which faced a sharp decline after the 80s. It also shows behind the scenes of ILS, the absence of any obligation for Governments who vote in favour of a specific ILS to subsequently ratify or implement it and the declining number of ratifying countries in the last two decades.

To date, 73 out of 190 ILO Conventions, 81 out of 206 Recommendations and all the 6 Protocols are considered up to date ILS.

Moreover, the article outlines successful ILO campaigns towards the ratification of the eight ILO fundamental Conventions, namely:

1. Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) 

2. Right to Organise and Collective Bargaining Convention, 1949 (No. 98) 

3. Forced Labour Convention, 1930 (No. 29)  (and its 2014 Protocol )

4. Abolition of Forced Labour Convention, 1957 (No. 105) 

5. Minimum Age Convention, 1973 (No. 138) 

6. Worst Forms of Child Labour Convention, 1999 (No. 182) 

7. Equal Remuneration Convention, 1951 (No. 100) 

8. Discrimination (Employment and Occupation) Convention, 1958 (No. 111) 

It also highlights the historic achievement of Convention No. 182 becoming the first Convention ratified by all 187 Member States.

The universal ratification of Convention No 182 indicates that mobilising the international community to adopt, ratify and effectively implement other up-to-date, relevant and balanced labour standards is possible. Importantly, a strong consensus must exist between governments, workers, and employers on the need to redress an issue with an ILS in a relevant and balanced manner. This illustrates that conventions should be reserved for only universal topics and unchanging principles that: (i) set the minimum rules rather than seeking international harmonisation at an ideal level; (ii) are flexible enough to accommodate differences of development levels and changing needs; and (iii) are based on a throughout assessment of their likely impact including its economic and social impacts”.

Regarding specific ILS, the article recaps the objectives and outputs of social protection, informal economy and violence and harassment related ILS.

ILS implementation in law and in practice is not always straightforward. The IOE explains how the ILO supervisory system has been helping ILO Member States to overcome the challenges related to implementation. “ILS supervision comprise a legal assessment, tripartite scrutiny and where appropriate, direct contacts and technical support to Member States. It is based on the philosophy that the best implementation results will be achieved through dialogue, persuasion, encouragement, advice and assistance”.

The publication concludes with an outlook of upcoming ILS discussions based on the ILO Centenary Declaration for the Future of Work and Resolution, including the technical discussion on apprenticeships, and a reference to the upcoming ILO Global Response to COVID-19 and the World of Work. It also highlights the key roles played by governments, employers and workers in the design and implementation of sustainable and resilient recovery strategies that aim at leaving no one behind.