International Labor Law and Globalization (680060M6)
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Summary literature International Labor Law and Globalization
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International Labor Law and Globalization (680060M6)
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Tilburg University (UVT)
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International Labor Law and Globalization (680060M6)
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The rules of the game 1-25
Since 1919 the Intonational Labor Organization has established and developed a system of
international labor standards aimed at promoting opportunities for everyone to obtain decent
and productive work in conditions of freedom, equity, security and dignity. The importance of
achieving social justice, through which every working man and woman can claim freely and
on the basis of quality of opportunity their fair share of the wealth that they helped to
generate, is as pressing now as it was in 1919. The ILO declaration of social justice for a fair
globalization, adopted by governments, workers and employers is designed to strengthen the
ILO;s capacity to promote the decent work agenda and to forge an effective response to the
increasingly significant challenges of globalization. The decent work agenda based on four
pillars (employment promotion, social protection, fundamental rights at work and social
dialogue) covers many of the challenges that the organization was already facing when it was
first created.
Globalization has important effecrs on enterprises and employment. All actors in the world of
work should imptove the governance of supply chains and sensure respect for international
labor standards and particularly for fundamental rights. Another symbolic aspect of the
contemporary economy lies in the financialization of trade, with emphasis being placed on
financial return to the detriment of real investment. When there is no appropriate regulation,
this might lead to inceasing the volatitity and vulnerability of the ecnonomy and the labor
market through the focus on short term profit. This has harmful effects on redistribution with
consequences for employment creation, productivity and enterprise sustainability.
Globalization has not resulted in prosperity for all. Some progress had been made but todays
globalized economy has also resulted in major social upheavals. Since unemployment is still
high, the vulnaribiloty of workers also increased. Partly due to the economic crisis. The
distribution of wages at the individual level has become more unequal. This not only leads to
a fall in productivity but also gives rise to poverty, social instability and even conflict.
One of the most symbolic controversies relating to the future of work lies in the issue of
whether technological progress will result in the destruction or creation of jobs. The ILO takes
a different stance than positive or negative and thinks about the real challenge to which
technologival progress gives rise to identify how, in this transactional context, assistance can
be provided to enterprises and workers to help them adapt to new jobs. A whole commission
is set up to dive deeper into this issue.
Another challenge for the ILO is to respond to the repercussions on the world of work in
terms of climate change, where the negative effects are starting to make themselves felt; the
disturbance of trade, the distriction of workplaces and its impact on the means of subsistence
on individuals.
International labor standards are first and foremost about the development of people as human
beings. Work is part of everyones daily life and is crucial to a persons dignitiy, wellbeing and
development as a human being. Economic development should not be undertaken for its own
sake but to improve the lives of human beings. Decent work resumes the aspirations of
humans in relation to work. It brings together access to productive and suitably remunerated
work, safety at the workplace and social protection for families, better prospects for personal
development and social integration, freedom for individuals to set out their claims, to organize
,and to participate in decisions that affect their lives and equality of opportunity and treatment
for all men and women.
Achieving the goal of decent work in the globalized economy requires action at the
international level. The world community is responding to this challenge by developing
international legal instruments on trade, finance, the environment, human rights and labor.
The ILO contributes to this framework by elaborating and promoting international labor
standards aimed at making sure that economic growth and development go hand in hand with
the creation of decent work. The beneficial effects of labor standards are even proven by
research. In criteria for choosing countries in which to invest, foreign investors rank
workforce quality and political and social stability above labor costs. In combination with a
set of defined rights and rules, functioning legal institutions can help formalize the economy
and create a climate of trust and order which is essential for economic growth and
development.
International labor standards are the result of discussions among governments, employers and
workers in consultation with experts from around the world.
What are international labor standarrds?
Those are legal instuments drawn up by the ILO’s constituents setting out basic principles and
rights at work. They are either concentions or protocols, which are legally bining internaiotnal
treaties that can be ratified by member states or recommendations which serve as non-binding
guidelines. Conventions and recommundations are drawn up by representatives of
governments, employers and workers and are adopted at the annual international labor
conference. Once a standard is adopted, member states are required, under article 19(6) to
submit it to their competent authority (parliament) within a period of twelve months for
consideration. If ratified, the convention comes into force one year after the date of
ratification.
The ILO has identified 8 fundamental conventions covering subjects that re considered to be
fundamental principles and rights at work:
The ILO governing body has also designated another 4 conventions as governance
instruments, thereby encouraging member states to ratify them because of their importance for
the functioning of the international labor standards system.
,How are international labor standards created?
International labor standards evolve from a growing international concern that action needs to
be taken on particular issues, such as providing working women with maternity protection, r
ensuring safe working conditions for agricultural workers. As a first step, the Governing Body
agrees to put an issue on the agenda of a future International Labour Conference. The
International Labour Office prepares a report that analyses the law and practice of member
States with regard to the issue at stake. The report is communicated to
member States and to workers’ and employers’ organizations for comments and is then
submitted to the International Labour Conference for a first discussion. A second report is
then prepared by the Office with a draft instrument, which is also sent for comments and
submitted for discussion at the following session of the Conference, where the draft
instrument is discussed, amended as necessary and proposed for adoption. This “double
discussion” procedure gives Conference participants sufficient time to examine the draft
instrument and make comments on it. A two-thirds majority of votes is required for a standard
to be adopted.
, Standards review mechanism (SRM)
The SRM is a mechanism that is integral to the ILO’s standards policy with a view to
ensuring that the ILO has a clear, robust and up-to-date body of standards that respond
to the changing patterns of the world of work, for the purpose of the protection of workers and
taking into account the needs of sustainable enterprises.
The rules of the game 104-116
Applying and promoting international labor standards
International labor standards are backed up by supervisory bodies that are unique at the
international level, which help to ensure that countries implement the conventions that they
ratify. The ILO regularly examines the application of standards in member states and points
out areas where they could be better applied. Once a country has ratified an ILO Convention,
it is required to report regularly on the measures it has taken for its implementation. Every
three years, governments have to provide reports detailing the steps they have taken in law
and practice to apply any of the eight fundamental and four governance Conventions that they
have ratified. When examining the application of international labour standards, the
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