ILO Convention Research Articles

Enhancing the Protection of Trade Union Representatives: an Analysis of Poland’s Compliance with ilo Conventions No. 87 and No. 135

Enhancing the Protection of Trade Union Representatives: an Analysis of Poland’s Compliance with ilo Conventions No. 87 and No. 135

Decent Work Practices Incorporated in the Collective Bargaining Agreements of Unionized Firms

We investigated the decent work practices related to employment at work, rights at work, social protection, and social dialogue incorporated in the Collective Bargaining Agreements (CBAs) of unionized firms. We analyzed qualitatively the various provisions of each of the 20 CBAs of unionized firms from diverse industries in the Philippines that come from manufacturing, hotels, resorts, health, education, telecommunication, and public utilities. Findings revealed that the CBAs' provisions articulate many significant provisions on decent work practices. Specifically, the employment-at-work provisions revealed 14 main themes related to benefits, employee classification, wages, work hours, and opportunities for advancement. Eight key themes were identified on rights at work provisions: employee development, protection against discrimination, safeguards against company closure, sale, lease, transfer, or merger, protection against lay-offs and retrenchment, shared social responsibility, and the ban on labor contracting. On social protection provisions, twelve main themes emerged: maternity benefits, other social security benefits, job security, extended financial assistance and loan benefits, and medical/health care incentive programs. On social dialogue provisions, 11 main themes evolved about union-management communication, acknowledging the current labor union as the sole bargaining representative, the institution of grievance machinery, the union's right to information and consultation, as well as the presence of the Labor-Management Committee. The overall results underscored the important role of the union through its collective bargaining power in ensuring that decent work thrives in the workplace. We recommend implementing the “one union one industry policy” as stipulated in the Labor Code; strengthening the conceptual, technical, and behavioral skills of the union leaders; treating unions as social partners; and undertaking research studies that can benefit both the union and management during their CBA negotiations. These efforts can open more opportunities for unions and those workers covered by CBAs to actualize the ILO conventions of guaranteeing decent work that will transform people and organizations toward a sustainable mindset that includes justice, peace, and equality for the common good of the future generation of working people.

Evolution of social standards and guarantees in the legal system of Ukraine: current challenges and development prospects

The study is devoted to the evolution of social standards and guarantees in the legal system of Ukraine, the analysis of modern challenges in the field of social protection and the determination of prospects for their further development. In the conditions of economic and political transformations, ensuring the appropriate level of social standards is an urgent task. The article examines the historical development of social standards from the Soviet period to the modern stage of Ukraine’s integration into the European legal space. The impact of international law, in particular the European Social Charter and ILO conventions, on the formation of social standards is analyzed. The importance of adapting national legislation to international standards for increasing the level of social protection and bringing Ukrainian policy closer to European standards is emphasized. The influence of economic and social factors, such as crises, demographic changes, social inequality and migration processes, which create serious challenges for the state, is considered. Special attention is paid to social guarantees for vulnerable population groups, such as pensioners, people with disabilities, internally displaced persons and combatants. The main problems of these groups in the realization of the rights to social protection were identified and recommendations were given for improving the mechanisms of social support. The author emphasizes the need to reform social policy to create a more effective and fair system of social protection. Contemporary challenges in the implementation of social standards are explored, including economic instability, demographic changes, military conflict, inefficiency of public administration, and corruption. Emphasis is placed on a comprehensive approach to overcoming them, increasing the financial stability of the social system, improving legal regulation and cooperation with international organizations. Prospects for the development of social standards depend on the state’s ability to ensure the sustainability of social policy, adapt legislation to international standards, and increase the availability of social services. The successful implementation of these measures will contribute to Ukraine’s integration into the European legal space, which is strategically important for the country’s development. The article offers a comprehensive analysis of the evolution of social standards in the legal system of Ukraine, identifies the main challenges and provides recommendations for the further development of social policy.

Implementation Of Ilo Convention No. 159 Ensuring the Labor Rights and Employment of Persons with Disabilities in Sustainable Development in Vietnam

Implementation Of Ilo Convention No. 159 Ensuring the Labor Rights and Employment of Persons with Disabilities in Sustainable Development in Vietnam

ISSUES OF PROVIDING GUARANTEES AND SOCIAL PROTECTION FOR EAEU LABOUR MIGRANTS

Background: Today, the Eurasian Economic Union (hereinafter the EAEU) has formed its own labour market; however, in the current international environment, issues related to ensuring the health protection of migrants and their access to employment persist. Despite ongoing efforts within the EAEU to develop and deepen Eurasian integration and improve the regulatory framework, there is a need in the age of digitalisation to develop better access for workers to social protection and medical support systems. The relevance of this scientific article lies in the presence of problematic issues related to the fact that many migrants are not registered and lack the documentation to protect them legally and financially; this situation contributes to the development of informal employment and low labour productivity. Although the EAEU countries have established working and socio- economic conditions, the issue of ensuring health protection, access to work, and social protection for labour migrants remains unsolved. Methods: This article employs various methods of scientific cognition, including historical and legal analysis, comparative legal study, induction and deduction, as well as analysis and synthesis. It also applies the acts and regulations of the ILO. What is the role of protecting the socio-economic and labour rights of migrant workers as the main task of receiving states? In law enforcement practice, to what extent do the provisions of international agreements on the organised hiring of workers between receiving countries and countries of origin of migrants ensure the adaptation of migrants to the legal regime of the host country, the participation of migrants in the functioning of civil society institutions, and the monitoring of migration processes? How does national regulation of labour migration in integration associations of states rationally organise their actions on the principles of national treatment for migrant workers? Labour migration strengthens integration unions, creating strong social ties and developing civil society institutions within the boundaries of integration associations. Since state sovereignty is inextricably linked to the protection of the interests of fellow citizens in regulating labour migration, all states participating in regional integration are called upon not only to protect the rights of migrant workers but also to provide all conditions for migrants to fulfil their obligations to civil society. The study examined the free movement and provision of labour and social guarantees for labour migrants in the EAEU and compared their situation in the EU. It also surveyed labour migrants in the EAEU by questioning workers in education, medical care, and various private sectors. This article is based on the results of this study. This article examined the challenges in providing guarantees and social protection for EAEU labour migrants. It proposed improvements to legal regulatory mechanisms and outlined recommendations for improving and expanding opportunities for free movement while better safeguarding the social and labour rights of migrants in the EAEU. The study’s primary objectives were as follows: - Examining the provisions of the ILO Convention on migrant workers. - Collecting and analysing data on labour movement across the EAEU - Analysing international EU treaties regarding the legal status of migrant workers - Interviewing migrant workers in the EAEU on issues related to their provision of rights and guarantees under the EAEU Treaty. Results and conclusions: This study highlights the need to organise safe labour migration, provide labour migrants with full access to digital services, improve the system of vocational and technical education in line with labour market demands, as well as develop and implement a unified system for ensuring the safety of workers and their families. Successful adaptation in the host country is identified as a critical factor for both labour migrants and their families. The authors recommend adding a dedicated chapter to the EAEU treaty that would comprehensively address labour and social rights, along with their guarantees.

Toward Sustainable Development and Gender Inclusion: Sexual Harassment and Gender Based Bias

This study aimed to provide an understanding of appropriate prevention strategies for sexual harassment and gender-based bias. Gender issues hindering women’s career development and work safety have been widely discussed worldwide. The research method used was a qualitative descriptive approach and a cross-sectional population- based study to examine the risk variables associated with sexual harassment and gender-based bias. Through a snowball sampling technique, where the researcher selected several informants who had experienced gender bias and sexual harassment while working at a company. As a result of extensive discrimation, to mark the entering of the ILO Convention No. 190 on Violence and harassment in the world of work on June 25th, the UN Indonesia and the ILO, in collaboration with the Alliance to Stop Violence and Harassment at the Workplace in Indonesia, conducted an interactive discussion to promote the ratification of the Convention by Indonesia. The Convention provides the first international definition of violence and harassment in the world of work, including gender-based violence and harassment. It ensures safer, more productive workplaces by protecting the most vulnerable. However, it is necessary to increase knowledge about what prevention efforts are used in different settings. Keywords: Sustainable Development Goals; Gender issues; Sexual Harassment; Workplace.

Progress in Peru in the Application of ilo Convention 183 for Maternity Protection

Progress in Peru in the Application of ilo Convention 183 for Maternity Protection

The Integration of ILO Convention C111 into Vietnamese Labour Law and Its Implications for Gender- based Discrimination: A Feminist Legal Critique

The Integration of ILO Convention C111 into Vietnamese Labour Law and Its Implications for Gender- based Discrimination: A Feminist Legal Critique

ACTIVITIES OF THE STATE LABOR SERVICE OF UKRAINE: STRENGTHENING OF LABOR STANDARDS, MONITORING OF COMPLIANCE WITH LABOR LEGISLATION AND INTERNATIONAL COOPERATION

An attempt was made to comprehensively analyze the activities of the State Labor Service of Ukraine as the central body of the executive power, its control and supervisory powers, the reform process, which should serve to increase the efficiency of its activities, the perception of the State Labor Service, first of all, not as a punitive, but as a service body, to change working conditions labor inspectors, implementation of international legal standards, in particular, in light of the implementation of the provisions of the Association Agreement with the EU. The mission of State Labor Service of Ukraine, as this body considers it, is to ensure declared (control over the registration of labor relations), safe (during the performance of work in all areas: from metallurgy to hospitals and schools), paid (timely and full payment of wages, compliance minimum size and minimum payment guarantees), as well as healthy (monitoring of medical examinations, the presence of harmful factors during working months) labor relations. This activity is primarily aimed at protecting the rights of employees, but, based on consultations with the parties to the social dialogue, it should also support the other side of labor relations - employers, by providing recommendations, advisory assistance, conducting voluntary audits, etc. The content of the main international norms, which contain standards regarding the activities of labor inspectors - ILO Conventions No. 81 and No. 129, as well as the Protocol of 1995 to the Convention on Labor Inspection of 1947 (No. 81) is analyzed, the need for their implementation into Ukrainian legislation is emphasized. The task of labor inspection, its status, organization and main powers of labor inspectors in industry, trade and agriculture, defined in these international normative acts, are given. An overview of the content and tasks of a number of international projects with the participation of the State Labor Service of Ukraine, as well as their main results, was carried out. Some issues of distinguishing between supervision and control, problematic issues of its implementation, and opinions of legal experts regarding ways to solve them are analyzed. The main modern problems in the field of labor relations as a whole are highlighted: still a high share of undeclared labor relations, which entails a number of problems for employees, employers and the state, the relocation of enterprises from the east of the country in connection with armed aggression against our state, the need to ensure healthy and safe conditions at the workplace, etc. The main shortcomings in the activity of State Labor Inspectors of Ukraine are outlined, in particular, heavy workload, low wages, limitations in activity caused by inconsistency of legislation.

Harassment, workers' mental health and the potential of ILO Convention No. 190: an analysis based on the France Télécom case

Objective: In the process of being privatized, France Télécom implemented the "NExT" and "Act" plans, containing a series of internal policies aimed at reducing jobs, causing suffering to workers. Upon analysing the case, the French Judiciary observed the occurrence of the crimes of institutional moral harassment, condemning both the company and the individuals responsible for its management. The objective of this study is to examine the influence of organizational aspects on the balance of the work environment and on the workers’ mental health, in light of the France Télécom case and the theory of the labour-environmental perspective. Method: The methodology adopted for this research comprises the bibliographic research technique, the documentary method, and the case method, as methods of procedure; and the inductive method, as a method of approach. Results and Discussion: A close relationship is observed between labour-environmental organizational aspects and harassment in the work context, influencing the balance in the work environment and workers’ health. Research Implications: This study highlights the importance of regulations such as ILO Convention No. 190 to enhance the protection of workers' mental health, suggesting organizational changes that prioritize well-being in the work environment. Originality/Value: This study contributes to the field of labour studies by integrating legal and psychosocial analysis, demonstrating the significance of organizational policies in the development and maintenance of workers' mental health.

Study on the Implementation of ILO Convention No. 98 in Indonesia and Its Comparison with Developed and Developing Countries

Law No. 11 of 2020 on Job Creation has been reported by ITUC, KSPI, and KSBSI for violating ILO Convention No. 98. The Indonesian government is considered not involving Trade Unions/Labor Unions in terms of collective bargaining when drafting the Job Creation Law and the substance of the Job Creation Law which is considered to limit the role of Trade Unions/Labor Unions. The United States Government, the United States Labor Association, the Belgium Labor Association, Netherlands Labor Association, Republic of Korean Labor Association, and the Brazil Labor Association provide different views from Indonesia on the report. This study uses a qualitative approach supported by a literature study with FGD discussions. Based on the results of the study, reports by Trade Unions to the ILO regarding violations of ILO Convention No. 98 are generally still conjectural and do not depart from cases or violations of the law that have occurred. The government can report data on labor practices in Indonesia to show that there are no efforts to limit the role of Trade Unions/Labor Unions as evidence that the Government of Indonesia has implemented the principles in the ILO Convention. The government of Indonesia has an important role in increasing the provision of training and improving work competencies, increasing labor placement and expanding employment opportunities, as well as continuing to oversee the implementation of this Job Creation Law in companies and continuing to protect workers by providing legal protection and social security. The Government of Indonesia is currently receiving ILO Technical Assistance, and can propose to continue implementing the Job Creation Law regulations and continue to provide regular reports to the ILO. If this provision in practice is detrimental to workers and trade unions, then this provision can be challenged procedurally with the support of valid evidence.

Саамский вопрос в современной политике Финляндии

The Sami are the only recognised small indigenous people in Europe. In Finland, the Sami face systematic barriers to education, employment and access to cultural resources. Discrimination against the Sami also manifests itself in the form of negative stereotypes and prejudices, which creates social and economic inequalities. This article is devoted to the study of the problem of preserving the national identity of the Sami against the background of the global practice of integration policies. Aim – to characterise the violations of the fundamental rights of the Sami indigenous people and to identify opportunities for overcoming their discrimination in the Finnish community. Results: the paper presents the criteria for the definition of indigenous people, and also outlines the rights enshrined in the world’s recognised institutions: the UN Declaration on the Rights of Indigenous Peoples, as well as ILO Convention No. 169. The work studies the problems of ensuring equal provision of services in the Sami language, violation of the right to vote in the Sami Parliament, the right of ownership of land, and others. Conclusions: discrimination against the Sami in Finland is a serious problem that includes denial of access to land and resources, as well as insufficient protection and recognition of their rights.

The Impact of ILO Convention No. 182 (1999) on Safeguarding Against Child Labor in Indonesia

Child labor poses a serious challenge to Indonesia's commitment to children's rights and workplace protection. ILO Convention No. 182 has become a crucial global guideline in combating this issue. Using doctrinal legal research with an analytical descriptive component and includes the comparative approach, the statute approach, and the historical approach. Using secondary data, which included primary, secondary, and tertiary legal material and with library research and examined resources relating to the topics under investigation with qualitative analysis. Before ratification, weak enforcement and inadequate regulations left child workers vulnerable to health risks and exploitation. The ratification marked a pivotal moment, aligning Indonesia's laws with international standards to better safeguard children from exploitative labor practices, emphasizing the urgent need for stronger protections and enforcement measures.

Unveiling the Nuances of Tribal Indigenous Identity

This paper delves into the multifaceted dimensions of Tribal Indigenous identity, exploring the rich tapestry of cultures, traditions, and struggles that define these diverse communities. Through an examination of defining characteristics, historical context, and legal frameworks, it seeks to unravel the complexities inherent in Indigenous and Tribal identities. Drawing on concepts such as autochthony, cultural resilience, and collective consciousness, the paper elucidates the profound connections Indigenous Peoples maintain with their ancestral lands and cultural heritage. It also examines the evolving legal paradigms surrounding Indigenous rights, particularly within the framework of international conventions such as the ILO's conventions. Ultimately, the paper underscores the importance of honoring Indigenous Peoples' rights, preserving their cultural heritage, and fostering inclusive development that respects their autonomy and dignity.

Право на свободу объединения и право на забастовку: особенности толкования Конвенции МОТ № 87

The article is devoted to the peculiarities of the interpretation of ILO Convention No. 87 on Freedom of Association and Protection of the Right to Organize in the exercise of its supervisory functions by the ILO Committee of Experts on the Application of conventions and recommendations, the legal status of the Committee in the structure of the ILO bodies, clarification of the Committee's position on the relationship between the right to strike and the right to form a trade union, the decision of the ILO Governing body to appeal to the International Court of Justice on the interpretation of Convention No. 87.

IMPORTANT ISSUES OF PROTECTING WOMEN FROM HARASSMENT AND VIOLENCE IN THE WORKPLACE

This article addresses current challenges related to protecting women from workplace abuse and harassment. The article also includes recommendations and comments on the ratification of the International Labour Organization Convention No. 190 "On the Elimination of Violence and Harassment in the World of Work" (ILO Convention No.190), as well as the legal status of gender equality and legal issues associated with ensuring gender equality.

Current Areas of International Labor Organization Activity for the Progressive Development of International Labor Law

Introduction. The article presents an analysis of the current activities of the International Labor Organization (hereinafter reffered to as the ILO) on the unification of existing and the development of the latest international labor standards for two categories of workers. In particular, we would like to draw attention to the lack of international legal labor standards for professional athletes and the necessary norms to protect their labor rights. In international law, there are a number of universal and regional international legal acts dedicated to professional sports, for example, the International Convention against Apartheid in Sports of 1985, the International Convention against Doping in Sports of 2005, the Council of Europe Convention against Doping of 1989. However, there are no issues of regulating the work of athletes and protecting their labor rights in international legal acts.Another issue that requires the closest attention from the ILO in terms of the progressive development of international labor law is the regulation of remote (remote) work. The article examines various forms of remote work, and also presents a comparative legal analysis of the status of a homeworker and a remote (remote) worker in accordance with ILO documents. Materials and methods. The methodological basis of the study was the following general scientific and special methods of cognition of legal phenomena and processes: the method of system-structural analysis; formal-logical method.Research results. As a result of the research, the authors found that there is a need to develop an ILO Convention, as well as an appropriate Recommendation that would consolidate the minimum labor rights of athletes with their subsequent extension in employment contracts of a private legal nature. Regarding the legal regulation of remote work, the authors also propose to allocate remote workers into a separate category of workers on a par with homeworkers and domestic workers.Discussion and conclusion. In modern professional sports, workers of various nationalities are represented, consequently, the ILO needs to progressively develop new international standards for the labor rights of athletes at a universal level, in particular, it is proposed to adopt a Convention on the peculiarities of work in professional sports. Since a homeworker and a remote worker are essentially not identical concepts, therefore, the ILO Convention No. 177 on Home Work of 1996 cannot be extended to regulate the work of remote workers, therefore it seems appropriate to develop an appropriate Convention.

Migrant Work, Gender and the Hostile Environment: A Human Rights Analysis

Abstract This article addresses work-related and gendered harms of the ‘hostile environment’, a set of measures implemented through the Immigration Acts of 2014 and 2016, which aims to make life in the UK impossible for irregular migrants. The hostile environment criminalises work without legal status, facilitates data sharing between public bodies and immigration enforcement, and restricts access services and benefits. The article examines factors that can make women susceptible to irregularity and exposure to hostile environment measures, and distinctive forms of gendered harm such as workplace sexual harassment. It argues that the detrimental impacts of the hostile environment contravene international and regional human rights obligations. Barring certain migrants from access to the labour market may violate the socio-economic right to work and/ or the right to private and family life, while a lack of access to legal remedy or labour inspection fuelled can violate migrants’ right to decent work and undermine protections against forced labour. The UK’s recent ratification of the Council of Europe’s ‘Istanbul Convention’ and ILO Convention 190 on violence and harassment at work signifies a renewed commitment to safeguarding women regardless of migration status, but the universalistic potential of these instruments is undermined by the hostile environment’s continued operation.

IS SUB-SAHARA AFRICA CLOSING THE GENDER INEQUALITY GAPS? A PRINCIPAL COMPONENT-CLUSTER ANALYSIS

Gender inequality in the labor market has long been a source of concern in the global human rights and development agenda, it’s not just a necessary human right but it’s a precondition for economic development. Despite the realization of some MDGs, SDGs, and Agenda 2030 goals, women in SSA continue to be marginalized. Notably, SSA nations have eliminated 66.45 percent of gender disparities in general. The region, in specific, has achieved remarkable strides toward gender parity in education, reducing the gap by approximately 88 percent, 98 percent in health, and 71 percent in economic participation. However, there exist major gender differences in political empowerment, where only 21.8% of the gender gap has been closed. The study recommends that SSA countries should fully implement and live up to the requirements of the ILO and UN conventions and treaties on gender equality for economic prosperity.

Geographic Discrimination Against Online Web-based Platform Workers in Light of ILO Convention No. 111

Geographic Discrimination Against Online Web-based Platform Workers in Light of ILO Convention No. 111