International Labour Organization Convention Research Articles

Empirical Evidence from Nigeria on Environmental Health and Occupational Safety at Work

The International Labour Organization (ILO) has developed numerous conventions, protocols, and recommendations on minimum labour standards, with the majority relating to occupational safety and health systems (OSH). However, environmental issues like deforestation, desertification, flooding, erosion, oil spills, and air and water pollution, particularly in Nigeria, pose a threat to the health and safety of the many organizations in developing nations. Using a hybrid of research designs such as survey and content analysis and based on the Risk Society Theory and Sense-making Theory, this paper reviews, environmental health and occupational safety at workplaces in Nigeria. This study aims to identify environmental health and occupational safety issues in Nigeria's manufacturing sector, specifically in the iron and steel and aluminium industry, by examining inaccurate data on male and female workers. Using in-depth interviews with a total of 17 participants, the primary data was gathered from managers and senior staff members of chosen firms in Ajaokuta, Kogi State, and Lagos State, Nigeria. These were Ajaokuta Steel Company Limited (ASCL) and Alumaco Aluminium Manufacturing Co. of Nigeria Ltd., Ikeja, Nigeria. It discovers a high level of occupational health awareness, insufficient funding for safety intelligence initiatives, and a high frequency of workplace dangers. The study also finds that Nigeria was among the signatories in Africa who failed to comply with this directive. It recommends promoting occupational health services, training doctors to recognize work-related diseases, and complying with the ILO's Convention 155. The article also suggests updating laws, conducting education campaigns, investing in training, and holding employers accountable for non-compliance

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.

Gender Difference on Internal Equity: Evidence From the Hospitality Industry in Ghana

It is a hypothetical position that employees in the hospitality industry in Ghana experience salary disparities based on the gender of the employee. Pay disparities exist because of unconscious biases in areas such as hiring, promotions, performance reviews, and salary decisions. In ensuring equal pay for equal work to fulfill the International Labor Organization (ILO) convention, this study investigated the internal equity pay of the employees in Ghana's hospitality industry based on equal work. This quantitative association study adopted a self-constructed research instrument to measure internal equity pay and randomly selected 350 respondents in the hospitality industry in Ghana to answer the research questionnaires. The respondents were made up of 160(46%) males and 190(54%) females. In looking for the significant difference of gender as related to internal equity pay of the employees in Ghana with a T'Test analysis, the study revealed that, indeed, there was a significant difference in the salary payment of the employees in Ghana. The males were paid more than the females for equal work. Therefore, the study rejected the null hypothesis that there is no significant difference in internal equity pay based on the gender of the employees in the hospitality industry in Ghana. To ensure equal pay for equal work, the management and shareholders of hospitality firms in Ghana are recommended to seek knowledge of the legal requirement of this principle in the Ghana Labor Law and also become compliant with the ILO convention. Furthermore, a conscious effort must be made to ensure equal pay for equal jobs.

TERMINATION OF CONTRACT OF EMPLOYMENT; REASON(S) REQUIRED OR NOT? A REVIEW OF GHANA’S LABOUR STATUTES AND CASE LAWS

The laws which regulate employment relations have gone through various stages from the master-servant relationship in the medieval period to the current statutory implied provisions embedded in employment contracts. In the current era of insatiable search for the rights and dignity of all persons across the world, the need to ensure decent work conditions has been of great interest. The right of workers to enjoy employment security is entrenched in the International Labour Organization (ILO) Convention on Termination of Employment (Convention 158) and Termination of Employment Recommendations in 1963. State parties to the ILO are required to incorporate such provisions in their national laws. The ILO Conventions and Recommendations on termination of employment contract require that employment contract should be terminated on a stated reason but not at the whim and caprices of the employer. Though Ghana has not yet ratified the ILO Convention 158, the passage of the Labour Act 2003, (Act 651) was guided by the provisions in the ILO Convention on Termination of Employment. Notwithstanding the safeguards provided in Ghana’s Labour Act to protect employees from arbitrary termination of employment, the judicial interpretations have maintained the view that an employer can terminate an employment contract without giving reasons. This interpretation placed the Ghanaian worker at the mercy of the employer. What is worse is that many negotiated collective agreements contain provisions for the termination of a contract of employment at will. A recent judicial interpretation has departed from the previous view that an employment contract can be terminated without reason, thereby giving a sigh of relief to the Ghanaian worker. This paper, through theoretical reviews, seeks to reinforce the judicial interpretation that there must necessarily be a reason for the termination of a contract of employment.

Assessing compliance with International Labor Organization convention No. 100 in Bangladesh's ready-made garments industry for sustainable development goals

Assessing compliance with International Labor Organization convention No. 100 in Bangladesh's ready-made garments industry for sustainable development goals

The System of Indigenous Peoples’ Protection in BRICS States: An Overview of Legal and Litigation Support

This article provides an overview of the international obligations of the BRICS member states related to the protection of indigenous peoples’ rights, as well as discusses the current trends in the ethno-national policies of those countries. The authors arrive at the conclusion that though the majority of the BRICS states are parties to the basic human rights agreements, there is no full-fledged agreement on the protection of indigenous peoples within the BRICS framework specifically addressing the rights of indigenous people, even though the countries collectively have aboriginal communities. One of the primary and major reasons why the BRICS countries are reluctant to assume obligations under the existing agreements compared to the Euro-Atlantic bloc of Western states is the motley ethno-cultural “palette” of these countries, which complicates public administration in this area of legal relations. Both India and China are state parties to the International Labor Organization Convention 107, which provides for “paternalism” and “integration” of the indigenous population without explicitly recognizing their “right to self-determination” and development within the framework of this right. The main problems associated with ethnopolitics in the BRICS countries are those pertaining to the provision of legal frameworks and litigation support to uphold the right to self-identification, protection of the native language and the preservation of traditional uses of natural resources.

The right to collective bargaining in the military, police, and public sector. A comparative law perspective

The right to collective bargaining is regulated differently depending on the legal system. A common basis does exist, however: this is the International Labour Organisation Convention no. 154 (1981), ratified by 50 states, including most of the member states of the European Union. However, with regard to police and military personnel, ILO Convention 154 leaves it to the discretion of the national law-maker to determine the extent to which the guarantees provided for in the Convention apply. Indeed, according to Articles 1 (2) and (3) of Convention 154, the extent to which the guarantees provided for in this Convention apply to the armed forces and the police may be determined by national laws or regulations or national practice. As regards the public service, special modalities of application of this Convention may be fixed by national laws or regulations or national practice. The paper will include a comparative analysis of the application of these provisions in 12 Member States of the European Union. Finally, we will try to draw up a relevant table as to how each national legislator understood to regulate this sensitive subject.

Workplace Violence and Sexual Harassment in Light of the Recent Amendments to the Jordanian Labor Law Pursuant to the Amended Law No. (10) of 2023

This study aims to establish the legal framework for addressing workplace violence and sexual harassment. It serves as a guide for Jordanian legislators when reviewing related laws, promoting a violence-free environment. The study employs descriptive analysis to explore employee experiences, comparing Jordanian Labor Law with International Labour Organization Convention No. 190 (2019). It divides into two sections: defining violence and harassment from national and international labor perspectives, and examining legal protection under Jordanian Labor Law. The second section delves into employer obligations and employee actions, including court involvement. Findings show that though Jordan addresses the issue, labor law amendments are limited, hindering comprehensive enforcement. The 2023 amendment to Article 29 lacks desired impact and international alignment. Recommendations include explicit policy integration into the Labor Law and enacting legislation, aligned with Article 120 of the Jordanian Constitution, to prevent workplace violence and harassment across sectors.

Aloysius V. Diamond Bank Plc: Opening a New Vista on Security of Employment in Nigeria through the Application of International Labour Organisation Conventions

At common law, the employer is entitled to terminate the employment of an employee, for any reason or no reason at all. At present, the level of unemployment in Nigeria is gargantuan, coupled with a high rate of employment insecurity. In 2010 the status and stature of the National Industrial Court of Nigeria (NICN) were enhanced by the 1999 Constitution of the Federal Republic of Nigeria (Third Alteration) Act, 2010, which vests the NICN with exclusive original civil jurisdiction over labour and employment matters, powers it to apply international best practices (IBP) and international labour standards (ILS) as contained in section 254C(1)(f) and (h) thereof. In 2015 the NICN, according to this section, held that an employer, in master–servant employment, following IBPs and ILSs, cannot terminate the employment of an employee save for good and justifiable reasons. This judgment has attracted various criticisms owing to its iconoclastic nature. This article, through the doctrinal method, examines the validity of this judgment vis-à-vis section 12 of the 1999 CFRN and subsisting appellate courts judgments. It argues that the judgment is not only valid but a welcome development and has opened a new vista on security of employment in Nigeria and has brought the law into conformity with international best practices and standards. Going forward, the article argues for the affirming of the decision by the Court of Appeal as the apex court on appeals from the NICN and for wide publicity by trade unions and workers groups for its exploitation by their members.

The global health and care worker compact: evidence base and policy considerations

BackgroundDuring the COVID-19 pandemic, and recognising the sacrifice of health and care workers alongside discrimination, violence, poor working conditions and other violations of their rights, health and safety, in 2021...

Legal knowledge and child labour in Nepal: Does knowing the law make a difference?

AbstractMotivationChild labour persists in the global South. After ratifying the International Labour Organization's Convention No. 138, on “the minimum age for admission to employment and work,” many southern countries have legislated minimum age criteria to fulfil their International Labour Organizations obligations. Often, however, making law has neither significantly reduced child labour nor boosted school attendance—largely because of states' inability to ensure compliance.PurposeWe investigate, using the case of Nepal, whether legal knowledge about minimum age standards among parents supplying, and employers demanding, child labour makes a difference to child labour.Methods and approachDrawing on data from communities in the Terai of Nepal, we use mixed methods to find correlations between legal knowledge, compliance with child labour laws, and prevalence of child labour. We draw on two novel data sets: a large household survey of parents and children, and a small census of owners of brick kilns, where child labour is often seen. We also make use of qualitative interviews with citizens in one community in the Terai.FindingsWe show that when parents and employers know the law on child labour, they are more likely to comply with it. Perceptions of the law also matter, independently of legal knowledge. When individuals know the legal working age and believe it is appropriate, we see even more compliance.Policy implicationsThese findings suggest that, even when enforcing the law may be difficult and costly, informing and educating parents and employers may be a less costly way to reduce child labour. Such measures would be even more effective if paired with efforts to change perceptions of the law.

Dust Exposure and Respiratory Health among Selected Factories in Ethiopia: Existing Evidence, Current Gaps and Future Directions

Workers who are working in dusty environments might be associated with respiratory health problems. In Ethiopia, factories processing wood, textile, coffee, flour, cement and other materials are associated with dust emission. Furthermore, despite the adoption of the International Labor Organization (ILO) convention, the available constitution and labor proclamation, there are a lot of gaps in terms of occupational health and safety measures in Ethiopia. The current review aims to examine the existing evidence, current challenges and future direction regarding dust exposure and respiratory health in selected Ethiopian factories. Searches of peer-reviewed articles with full-length papers were made in online databases such as PubMed, Web of Science, MEDLINE, EMBASE and Google Scholar with a key words “Dust exposure”, “Respiratory health”, “Respiratory symptom”, “Ethiopia” and “Factory workers” from January 2000 to March 2023. The review found that excessive dust exposure is associated with a high prevalence of respiratory health problems. Lack of personal protective equipment and absence of safety and health training were the main occupational health deficits identified in most factories. Actions that focus on these deficiencies are commendable. Interventions focused on safety and health trainings, and the provision of adequate personal protective equipment of the required quality is recommended. In addition, administrative solutions and longitudinal studies on dust exposure and respiratory health are suggested.

Justice-Based Old Age Guarantee Payment Arrangements in Indonesia

One of the objectives of establishing the Unitary State of the Republic of Indonesia as stated in the Preamble to the 1945 Constitution of the Republic of Indonesia is to strive to improve the welfare of the people. The welfare in question must be enjoyed in a sustainable, fair, and equitable manner reaching all people. Where this is the right for every citizen to obtain social security that allows the full development of himself as a dignified human being, guaranteed by the 1945 Constitution of the Republic of Indonesia as stipulated in Article 28H paragraph (3) and Article 34 paragraph (2). Social security is also guaranteed in the United Nations Declaration on Human Rights of 1948 and affirmed in the International Labour Organization Convention No. 102 of 1952 which advocates all countries to provide minimum protection to every workforce. The national social security system is basically a state program that aims to provide certainty of protection and social welfare for all Indonesians. Through this program, every resident is expected to be able to meet the basic needs of a decent life in the event of things that can result in loss or decrease in income, due to illness, accidents, loss of work, entering old age, or retirement. The government has several programs in implementing social security, one of which is the Old Age Security Program. Old age insurance is a benefit in the form of cash that is paid in a lump sum after the participant retires, passes away, or experiences permanent total disability. The old-age Guarantee program is designed to provide protection when a person enters old age or retirement, when they no longer have income. Therefore, the name is old age guarantee.

International Labour Organisation Convention No. 138, Article 7 and its Implementation in South African Municipal Laws: Suggested Policy Changes

The purpose of this article is to examine the implementation of Article 7 of Convention No. 138 in the municipal laws of South Africa. The regulation of light work in South Africa is complex because there is no legislation that defines or even refers to light work by children between the ages of 12 and 15. Children below the age of 15 years can only undertake work for the purposes of fundraising and charity and cannot be employed for remuneration. The relevant legislation does not provide children with adequate opportunities to undertake work that could be beneficial for children.

Community-based justice or indigenous justice in international law: Analysis of Article 9 of ILO Convention 169

This paper deals with communal justice or indigenous justice governed by Convention No. 169 of the International Labour Organization (ILO). Article 9 of the indicated Convention is analysed describing and commenting on the different aspects or assumptions it contains about communal or indigenous justice. Likewise, this content is analysed in the doctrine and in the author’s field experience. The central question that guides the work is: How does the International Convention No. 169 of the International Labour Organization regulate communal or Indigenous justice? The answer is made through the verification of a hypothesis that raises the limits of the Article 9 of Convention 169 to understand and regulate communal or indigenous justice that is practiced in indigenous communities or peoples.

The Role of the ILO in Resolving Violence Against Indonesian Crew on Fishing Vessels

In response to reports that seafarers on fishing boats in different parts of the world were being forced to work, the International Labor Organization (ILO) created and adopted ILO Convention No. 188 of 2007. It sets rules for dangerous work in the large fishing industry. It also covers the protection of crew on fishing vessels from exploitation and injury while doing work. Protection of crew on fishing vessels is essential due to acts of violence against Indonesian workers on fishing vessels owned by China and Taiwan that resulted in many Indonesian workers losing their lives. The purpose of the research is to find out the role of the ILO and the Government of Indonesia as the country of origin of crew fishing vessels in solving the problem of violence against crew fishing vessels. The study uses qualitative research methods by collecting information from relevant sources such as conventions, journals, legal texts, and other works related to the main research topic. While Indonesia has a law on the protection of migrant workers and has adopted the ILO Convention 111 concerning Discrimination in Respect of Employment and Occupation, neither are sufficient to address the issue. Thus, the role of the ILO is urgently needed to work hand-in-hand with all countries in the world to deal with this problem globally and encourage member states to ratify ILO Convention 188 especially Indonesia, since Indonesia is the biggest archipelagic country where most of the people are fishermen and crew on fishing vessels belonging to other countries.

Application of Burden of Proof to Child Labour as Protection of Children's Rights

Child labour should be given legal protection, one form of protection for child labour is to impose a Burden of Proof (Burden of Proof) for child labour in accordance with the provisions of the ILO Convention (International Labor Organization) No. 138 of 1973 on the minimum age to be allowed to work and the ILO (International Labour Organization) Convention No. 183 then 1999 on the abolition of the worst forms of work for. This research aims to examine the philosophical foundation of the burden of proof in the Indonesian legal system and to examine the burden of proof implementation for child labour in Indonesia. This research is legal research using a normative juridical approach, the data used are primary data and secondary data analyzed using quantitative analysis. The results of the study are the first philosophical application of the principle of reverse burden of proof that has been regulated in various legal rules in Indonesia, including Law No. 8 of 1999 on Consumer Protection, Law No. 40 of 2007 concerning limited Company legal No. 32 of 2009 on the protection and management of the environment and the provisions of the crime of corruption relating to the freezing, expropriation and confiscation of the perpetrators of the crime of corruption in accordance. Both countries have ratified ILO Convention No. 138 of 1973 on the Minimum age to be allowed to work and ILO Convention No. 182 of 1999 on the Prohibition and immediate action on the elimination of the worst forms of Child Labour which affirms the existence of a reverse proof for child labour.

2022 Amendments to the ILO Declaration on Fundamental Principles and Rights at Work

On June 10, 2022, by consensus, the International Labour Conference (ILC) adopted a resolution amending the Declaration on Fundamental Principles and Rights at Work to encompass “a safe and healthy working environment.” Under this Declaration, adopted in 1998, all 187 member states of the International Labour Organization (ILO) have an obligation, arising from their membership, “to respect, promote and realize … the principles concerning the fundamental rights” that are the subject of ILO Conventions recognized as fundamental. The other four fundamental categories are freedom of association and the effective recognition of the right to collective bargaining, the elimination of all forms of forced or compulsory labor, the effective abolition of child labor, and the elimination of discrimination in respect of employment and occupation.

Is There a Dualistic Protection System for Migrant Domestic Workers? The "Easy" and "Speedy" Ratification of the ILO Convention on Decent Work for Domestic Workers in Italy

Domestic workers provide a variety of services and contribute significantly to the global economy. However, domestic work has long been undervalued in the labour market. In January 2013, Italy became the first country in Europe, and the first among the countries receiving migrant domestic workers, to ratify International Labour Organization Convention No. 189, the Domestic Workers Convention. In contrast to the unprecedented dedication to domestic workers’ labour rights specified in C189, the majority of domestic workers presently in Italy are migrant women and undeclared workers. This article draws on interviews to show how Italy’s ratification of C189 was accomplished through well-organised tripartism and top-down ratification processes, while perpetuating the undervaluation of the work status of migrant domestic workers. KEYWORDS: Domestic workers; ILO Convention No. 189; Italy; migrant workers; labour protection

Maternity Leave and Gender Equality: Comparative Studies of Indonesia, Malaysia, and Thailand

This article discusses the implications of maternity leave on gender equality by taking comparative cases in Indonesia, Malaysia, and Thailand. This article focuses on three important issues, namely the implementation of maternity leave policies, the funding system for maternity leave policies, and the implications of these policies on gender equality in the workplace. This article uses secondary data from official government documents, and documents from international institutions, such as International Labor Organization, World Bank, Asian Development Bank, and related studies. The results of the study show that maternity leave in Indonesia, Malaysia, and Thailand complies with the recommendations of the International Labor Organization conventions 1952 and 2000. The benefits provided by maternity leave accommodate women to work and take care of children. In funding maternity leave, Indonesia and Malaysia use the employer liability scheme, while Thailand uses a combination of employer liability and the social security act. These funding schemes are aimed at employees in the private and informal sectors. To promote gender equality in the workplace, the benefits of maternity leave are influential in this effort. The more companies adopt this family-friendly work environment, the more it encourages enhancing gender equality in the workplace. The study finds women are barely in managerial positions due to their responsibility in the family matter. The discussion of maternity leave in Indonesia, Malaysia, and Thailand cases leads to a better understanding of the implementation of maternity leave in developing countries, for which there is currently a research gap.