International Labour Organization Standards Research Articles

Extended Paid Maternity Leave Associated With Improved Maternal Mental Health In Hong Kong.

In July 2020, Hong Kong extended statutory paid maternity leave from ten weeks to fourteen weeks to align with International Labour Organization standards. We used the policy enactment as an observational natural experiment to assess the mental health implications of this policy change on probable postnatal depression (Edinburgh Postnatal Depression Scores of 10 or higher) and postpartum emotional well-being. Using an opportunistic observational study design, we recruited 1,414 survey respondents with births before (August 1-December 10, 2020) and after (December 11, 2020-July 18, 2022) policy implementation. Participants had a mean age of thirty-two, were majority primiparous, and were mostly working in skilled occupations. Our results show that the policy was associated with a 22percent decrease in mothers experiencing postnatal depressive symptoms and a 33percent decrease in postpartum emotional well-being interference. Even this modest change in policy, an additional four weeks of paid leave, was associated with significant mental health benefits. Policy makers should consider extending paid maternity leave to international norms to improve mental health among working mothers and to support workforce retention.

Validating midwifery professionals' scope of practice and competency: A multi-country study comparing national data to international standards.

There is a global shortage of midwives, whose services are essential to meet the healthcare needs of pregnant women and newborns. Evidence suggests that if enough midwives, trained and regulated to global standards, were deployed worldwide, maternal, and perinatal mortality would decline significantly. Health workforce planning estimates the number of midwives needed to achieve population coverage of midwifery interventions. However, to provide a valid measure of midwifery care coverage, an indicator must consider not only the raw number of midwives, but also their scope and competency. The tasks midwives are authorized to deliver and their competency to perform essential skills and behaviors provide crucial information for understanding the availability of safe, high-quality midwifery services. Without reliable estimates for an adequate midwifery workforce, progress toward ending preventable maternal and perinatal mortality will continue to be uneven. The International Labor Organization (ILO) and the International Confederation of Midwives (ICM) suggest standards for midwifery scope of practice and competencies. This paper compares national midwifery regulations, scope, and competencies in three countries to the ILO and ICM standards to validate measures of midwife density. We also assess midwives' self-reported skills/behaviors from the ICM competencies and their acquisition. We compared midwives' scope of practice in Argentina, Ghana, and India to the ILO Tasks and ICM Essential Competencies for Midwifery Practice. We compared midwives self-reported skills/behaviors with the ICM Competencies. Univariate and bivariate analysis was conducted to describe the association between midwives' skills and selected characteristics. National scopes of practice matched two ILO tasks in Argentina, four in India, and all in Ghana. National standards partially reflected ICM skills in Categories 2, 3, and 4 (pre-pregnancy and antenatal care; care during labor and birth; and ongoing care of women and newborns, respectively) in Argentina (range 11% to 67%), mostly in India (range 74% to 100%) and completely in Ghana (100% match). 1,266 midwives surveyed reported considerable variation in competency for skills and behaviors across ICM Category 2, 3, and 4. Most midwives reported matching skills and behaviors around labor and childbirth (Category 2). Higher proportions of midwives reported gaining basic skills through in-service training and on-job-experience than in pre-service training. Estimating the density of midwives needed for an adequate midwifery workforce capable of providing effective population coverage is predicated on a valid numerator. A reliable and valid count of midwives to meet population needs assumes that each midwife counted has the authority to exercise the same behaviors and reflects the ability to perform them with comparable competency. Our results demonstrate variation in midwifery scopes of practice and self-reported competencies in comparison to global standards that pose a threat to the reliability and validity of the numerator in measures of midwife density, and suggest the potential for expanded authorization and improved education and training to meet global reference standards for midwifery practice has not been fully realized. Although the universally recognized standard, this study demonstrates that the complex, composite descriptions of skills and behaviors in the ICM competencies make them difficult to use as benchmark measures with any precision, as they are not defined or structured to serve as valid measures for assessing workforce competency. A simplified, content-validated measurement system is needed to facilitate evaluation of the competency of the midwifery workforce.

The Right to Freedom of Association for Public and Private Sector Employees in Zimbabwe in the Context of International Labour Organisation Standards

This article deals with the right of employees to freedom of association in Zimbabwe. It adopts a comparative analysis with the International Labour Organisation’s (ILO) standards on freedom of association. In order to achieve this, lessons are drawn from South African labour law and practice since Zimbabwe’s constitutional provisions on freedom of association are similar to those of South Africa. It begins by discussing important sources of the right to freedom of association under the ILO framework which includes relevant Conventions. Zimbabwe adopted a new constitution in 2013 which incorporates the right of employees to freedom of association and all its components under the Declaration of Rights. This is a significant point of departure in analysing the extent to which Zimbabwe complies with its ILO obligations on freedom of association. The constitution applies to both public and private sector employees. However, pieces of legislation which give effect to the constitutional right to freedom of association create a two-tier labour relations system where public sector employees have different laws which govern them. On the other hand, private sector employees fall under the Labour Act. This necessitates a separate consideration of the key provisions which have a direct impact on the enjoyment of the right of employees to freedom of association in Zimbabwe in order to test their constitutionality.

Protection of trade union rights in Nigeria: Lessons from other jurisdictions

The Constitution gives Nigerian workers the inalienable right to form or join a trade union for the protection of their employment interests at the workplace. International instruments recognize this right. The International Labour Organization (ILO) in its Freedom of Association and the Protection of the Right to Organize Convention No. 87 of 1948 recognized the right to organize and the right to strike as core trade union rights. In spite of these provisions, trade unions in Nigeria have continued to suffer mistreatment and violation of their rights by government and its agencies, which includes unfair labour practices. This paper examined the protection of trade union rights in Nigeria, specifically the right to organize and the right to strike. It also examined the factors militating against the protection of these rights. The paper drew lessons from other jurisdictions and found that the high threshold required for the formation of a trade union is contrary to ILO standards and that there is no positive right to strike in Nigeria. It further found that the wide definition of essential service by the Nigerian law denies many workers the right to strike. The paper recommends, among others, legislative reforms by amending the Constitution and the Trade Union Act to provide for the right to strike and reduce the number of persons required to register a trade union from 50 to 10 respectively.

SOCIAL INSURANCE AGAINST INDUSTRIAL ACCIDENTS AND OCCUPATIONAL DISEASES : TRENDS OF LEARNING FOR STUDENTS

Problem statement. The article analyzes the situation in some countries of the world and Ukraine related to insurance accidents. It is shown what causes of accidents prevail and what they are connected with. The necessity of a large-scale teaching in the educational institutions, connected with the labor protection, accidents prevention, accidents insurance has been analyzed in order to provide the future specialists with the full understanding of possible problems at work and ability to handle them. The relevance of international cooperation in the field of labor protection, accident prevention and the system of insurance against accidents and occupational diseases is considered. The purpose of the article. Analysis of the legislation and scientific research on the development for field of protection against accidents at work and occupational diseases, and to provide a brief description of the European countries legislation on assistance to workers in the insured event case. Conclusions. The analysis of development tendencies for social insurance against accidents and occupational diseases by the example of EU countries and Ukraine has fulfilled. It shows the importance of preventive insurance programme creation, which includes implementing regulatory measures by incorporating labor protection norms into social insurance programs against accidents and occupational diseases; strengthening monitoring of occupational safety both in the enterprise and at national level; eliminating the informal economy by applying the International Labor Organization standards. More attention should also be focused to injury prevention, training workers, training students − future workers and managers, providing them with more educational services in disciplines that can provide knowledge on the preservation of life and workers health.

Legislation and Policies for the Right to Maternity Protection in South Africa: A Fragmented State of Affairs.

Background:Maternity protection rights incorporate comprehensive benefits that should be available to pregnant or breastfeeding working women.Research Aim:To describe South Africa’s maternity protection legal and policy landscape and compare it to global recommendations.Method:A prospective cross-sectional comparative policy analysis was used to review and describe national policy documents published from 1994–2021. Entitlements were mapped and compared to International Labour Organization standards. The document analysis was supplemented by interviews conducted with key national government department informants. Thematic analysis was used to evaluate policy and interview content.Results:Elements of maternity protection policy are incorporated into South Africa’s constitutional dispensation, and some measures are consistent with international labor and social security standards. However, the policy framework is fragmented and difficult to interpret. The fragmented policy environment makes it challenging for employees to know their maternity rights’ entitlements and for employers to understand their responsibilities. Confusion regarding maternity protection rights is amplified by the complexity of ensuring access to different forms of maternal protection in pre- and postnatal stages, oversight by multiple government departments, and heterogenous working environments.Conclusions:Maternity protection in South Africa is fragmented and difficult to access. Overcoming these challenges requires legislative and implementation measures to ensure greater policy coherence and comprehensive guidance on maternity protection rights. Addressing gaps in maternity protection in South Africa may provide insights for other countries with shortcomings in maternity protection provisions and could contribute to improved breastfeeding practices.

Ship of Theseus: from ILO Standards to Outcome of Maternity Protection Policy

AbstractPrevious research focuses on the question of whether international standards have prompted any improvement of labor and social standards by law or in practice. This paper complements the literature by showing that the way that international standards are translated and implemented at the national level matters as well. Using a novel historical database on paid maternity leave policies in 160 countries with a time series from 1883 to 2018, I document how informal sector workers in low- and middle-income countries (LMICs) fell by the wayside in the widespread adoption of the International Labour Organization (ILO) maternity protection standards. First, the analysis shows that while the adoption of the ILO Maternity Protection Conventions triggered the introduction and extension of maternity leave policies throughout the world, LMICs ignored the provision of social assistance benefits. Second, even when LMICs extended the coverage of maternity leave policies to the informal sector, the implementation constraints further hindered the access of women workers in the informal sector to maternity benefits.

ILO Contributions to the Jurisprudence of International Human Rights Bodies

The paper addresses the role of the International Labour Organization (ILO) in the consideration of cases and in the interpretation of international human rights instruments by the Committee on Economic, Social and Cultural Rights and the European Court of Human Rights. As labour rights form part of internationally recognized human rights the author attempts to evaluate the penetration of ILO standards and legal reasoning into the adjudication of human rights cases and interpretation of human rights instruments by other international bodies. The analysis of the jurisprudence of the CESCR and the ECtHR demonstrates that the ILO standards and the legal reasoning are always referred to in the cases related to labour rights and serve as a source of “substantial filling” of both the International Covenant on Economic, Social and Cultural Rights and the European Convention on Human Rights.

Delotvornost radnog zakonodavstva i uloga inspekcije rada u svetlu standarda Međunarodne organizacije rada

Regulation of labour relations is accompanied by adoption of measures pivotal to ensuring effective implementation of labour legislation. One of the most important measures is labour inspection. During the last century, a solid legal and institutional framework for labour inspection had been developed in most of the world, with many countries using the standards contained in the International Labour Organization conventions no. 81 and 129 as inspiration or model. Nevertheless, labour inspectors face many challenges and obstacles, because the proliferation of labour regulations and the emergence of new occupational risks and new forms of work are not accompanied by appropriate mechanisms to ensure effective protection of labour rights. This also applies to the emergence of economic and financial crises, which are regularly linked to employers' efforts to reduce the cost of work by bypassing the labour, social and tax regulations. We should not lose sight of the fact that a large number of workers are outside of the personal scope of application of labour legislation, which, in the contemporary world of work, is a serious obstacle to successful labour inspection. In addition, a large number of workers performs undeclared work, and the so-called externalization of work has blurred the legal position of workers, calling into question the traditional distinction between employment and independent work for others, but also the traditional (unitary) concept of an employer, as its prerogatives are now exercised by two or more entities. The seriousness of these challenges becomes even greater if we take into account the insufficient number of labour inspectors and their inadequate training, which often results in the unacceptably modest number of (registered and unregistered) entities being inspected. The low probability of inspection actually taking place will further encourage employers to continue to circumvent the applicable regulations. This is bolstered by the lenient penalties that the labour inspectors have at their disposal, as well as the fact that their work is often rendered meaningless by the negligence of the misdemeanor courts. Another problem is the lack of specialization of labour inspectors for certain labour issues, such as the protection of particularly sensitive categories of workers. The authoress seeks to examine the goals, functions and prerogatives of labour inspectors in view of the International Labour Organization standards, as well as to review them taking into consideration the current trends in labour law, like economic and political turn towards neoliberalism, economic and financial crises as well as the intense international migrations.

Patient-Reported Impact of Axial Spondyloarthritis on Working Life: Results From the European Map of Axial Spondyloarthritis Survey.

ObjectiveTo evaluate work‐related issues (WRIs) and their determinants in patients with axial spondyloarthritis (SpA) across Europe.MethodsThe European Map of Axial Spondyloarthritis is a cross‐sectional online survey (2017–2018) of unselected patients with self‐reported axial SpA from 13 European countries. Participants were classified as active or inactive members of the labor force according to the International Labor Organization standards. Those employed reported WRIs due to axial SpA in the past 12 months. Sociodemographic characteristics and patient‐reported outcomes were compared between patients with and without WRIs. Stepwise regression analysis was conducted to identify independent determinants of WRIs.ResultsThe sample comprised 2,846 patients with axial SpA, 1,653 were active members of the labor force, 1,450 were employed, and of those employed, 67.7% reported at least 1 WRI. The most frequently reported WRIs were taking sick leave (56.3%), difficulty fulfilling working hours (44.6%), and missing work for doctor’s appointments (34.6%). Of the total sample, 74.1% declared that they had faced or would face difficulties finding a job due to axial SpA. Patients with WRIs were more often female, were less likely to be married or in a relationship, and had a higher educational level, poorer patient‐reported outcomes, and a greater prevalence of anxiety and depression. Multivariable regression showed that WRIs were associated with a higher Bath Ankylosing Spondylitis Disease Activity Index score (odds ratio [OR] 1.30 [95% confidence interval (95% CI) 1.16–1.45]) and the 12‐item General Health Questionnaire score (OR 1.15 [95% CI 1.09–1.22]), and were negatively associated with inflammatory bowel disease (OR 0.58 [95% CI 0.36–0.91]).ConclusionApproximately two‐thirds of employed patients experienced WRIs due to axial SpA. Association between disease activity and psychological distress with WRIs suggests the need to ensure that axial SpA patients receive the required support to cope with their working life.

Dismissal during Probationary Period of Employment in South Africa: An International Perspective

It is a universally acceptable practice to employ newly hired employees on a probationary period. In general terms the purpose of probation is to give the employer an opportunity to evaluate the employee's performance before confirming the appointment. This in itself seems to be an uncomplicated process; however, the scenario, especially in South Africa, becomes more complicated if an employer wants to terminate an employee's service during the probationary period of employment or terminate the services of an employee at the end of the probationary period. The right to a fair dismissal is well recognised in South African labour law; this right also extends to employees during their probationary period of employment. Convention 158 of the International Labour Organisation (ILO) provides guidelines in respect of the termination of employment, also during the probation period. In this article the ILO's standards with regard to the termination of employment during probation are considered. South Africa was a former colony of the Netherlands and the United Kingdom, in light of this the respective positions on dismissal during the probation period of employment in the Netherlands and the United Kingdom are also analysed. This provided the researcher with an opportunity to determine if South Africa's dismissal regime during the probationary period of employment is in line with some international perspectives and it appears that dismissal during the probationary period of employment in South Africa is out of step with international standards and developments.

DEFINING THE RIGHT TO STRIKE: A COMPARATIVE ANALYSIS OF INTERNATIONAL LABOUR ORGANIZATION STANDARDS AND SOUTH AFRICAN LAW

The right to strike is a fundamental human right recognized in international law and the South African Constitution. If “strike” is defined too narrowly it would deny protection that would normally be given to employees who would otherwise be participating in a strike. On the other hand if “strike” were defined too broadly it would categorize as strike action that would not normally be regarded as a strike: thus subjecting these employees to serious consequences that result from participating in an unprotected strike. These may include dismissals, interdicts and claims for compensation. South Africa has a constitutional obligation to comply with international law when interpreting human rights. The purpose of this article is to determine whether South African law defines “strike” in compliance with International Labour Organisation standards and to make suggestions for amendments to the lawwhere it fails to do so.

Legal Reforms in Protecting Migrant Workers’ Welfare in Malaysia: Labor Law and Social Security

This article examines how Malaysia has sought to improve migrant workers’ welfare through the revision of its labor laws. Migrant workers’ welfare in Malaysia has been hindered by the absence of social security frameworks, outdated labor laws, multiple dependence on labor intermediaries, and employers’ lack of accountability. In 2019, two labor laws were amended based on International Labor Organization standards: the Workers’ Minimum Standard of Housing and Amenities Act (1990) and the Employees’ Social Security Act (1969). The amendments have equalized the statutory protection between national and migrant workers, increased employers’ accountability for their migrant workers’ welfare, and addressed forced labor. With this legal framework, Malaysia’s migration management has been associated with better social security protection for migrant workers, which was previously absent from foreign worker policies. The legal reforms indicate the government’s attempt in solving the tension in Malaysia’s migration management, by ensuring balance between migrants’ welfare, labor market needs, and immigration control. These observations and analysis draw upon legislations, federal government gazettes, Hansard records, official reports of intergovernmental organizations, press statements of civil society actors, online newspapers, and secondary literature.

Decent work for migrants? Examining the impacts of the UK frameworks of gangmasters legislation and modern slavery on working standards for irregularly present migrants

Decent work for migrants has been a preoccupation of a number of international organisations, in particular the International Labour Organisation (ILO), for more than a decade. The ILO’s Fair Migration Agenda was boosted by the publication of its ‘Fair Migration: Setting an ILO Agenda’ in 2014 followed by a Protocol in 2014 to its Forced Labour Convention (no. 29, 1930). The UK was enthusiastic in its support and ratified the Protocol in 2016. But between the ILO standards and UK implementation inconsistencies have appeared. In this paper, we use the UK example to analyse this implementation gap by examining how delivering decent work for migrants has proven elusive. We examine how the objective of decent work for migrants has been implemented in the UK from 2014 to 2016, dates of showcase pieces of legislation to counter labour exploitation of migrants yet limiting access to work. The outcome would be that irregularly present migrants have few remedies and diminished access to them as a result of changes which post-date the UK’s commitment to the Fair Migration Agenda and ratification of the Forced Labour Protocol.

Migrant Labour Recruitment Reform in Malaysia: Towards Ethical and Zero-Cost Migration

The pressures exerted by migrant workers’ countries of origin, regional calls for migrant protection, and global initiatives have pushed the Malaysian government for labour reforms in line with International Labour Organization standards. A weak labour migration mechanism has led to human trafficking, debt bondage, and workers’ exploitation. Since 2018, Malaysia has concluded and renegotiated improved memoranda of understanding (MoUs) with countries of origin to address forced labour and human-trafficking. Reforming the recruitment system is formalised through government-to-government agreements to eliminate agents, enhance ethical recruitment, and adopt a zero migration-cost model. The analysis shows that the newly negotiated MoUs are significant in tackling the issue of irregular migration in three aspects, by including a clause on repatriation, changing to the government recruitment model, and adopting the employer-pays model. This research utilises official documents, media statements, and secondary literature.

Internationalisation of Labour Law: The Lesotho Experience

This article considers Lesotho’s labour laws in the light of the country’s obligations under international labour standards. It assesses the extent to which the international labour standards have had an impact on the development of labour law in Lesotho. It argues that Lesotho’s various Acts perpetuate the country’s non-compliance with International Labour Organization standards as significant aspects of the Acts still undermine workers’ rights. It contends that Lesotho still has a long way to go towards fulfilling the expectations of the International Labour Organization. After noting the various labour-law concepts in the international labour standards which have had an impact on Lesotho law and reviewing the sources of Lesotho’s obligations to respect the various workers’ rights, the article focuses on the workers’ rights to join trade union organisations, the promotion of free and voluntary collective bargaining and the right to strike. The article concludes that reforms are needed to internationalise Lesotho’s labour law further, in line with International Labour Organization requirements, so that workers’ rights are protected.

The Application of International Labour Organisation Standards on Unfair Termination of Employment in Nigeria

The Application of International Labour Organisation Standards on Unfair Termination of Employment in Nigeria

The Lure of Ill-Fitting Unemployment Statistics: How South Africa’s Discouraged Work Seekers Disappeared From the Unemployment Rate

ABSTRACTUnemployment refuses unambiguous definition. Its statistical representation is always open to contestation, especially where labour markets differ from the Western-industrial norm. Why do countries adopt international standards even if they may fit local conditions poorly? South Africa is an exemplary case to answer this question. When Apartheid ended in the early 1990s, South African statisticians embraced the new emancipatory spirit. Their broad unemployment indicator defied international conventions but did justice to the marginalised Black population, and to Black women in particular. Since then, however, South Africa has fallen in line with the much narrower definition of the International Labour Organization (ILO), in spite of widespread criticism. Why? We find that ILO standards were not forced upon South Africa. Instead, South African statisticians themselves embraced international standards to repel charges of arbitrary or politically motivated numbers. Counterintuitively, international standards become alluring precisely when doubts about statistics’ fit with local conditions are the greatest.

Introduction

Introduction

Unions in New Zealand Call on Government to Ratify Convention 87

TOWARDS UNIVERSAL RATIFICATION OF C87 AND 98 23 26/3 | International Union Rights | Nick Henry has been a Policy Analyst at the New Zealand Council of Trade Unions for two years. Previously he worked as a lecturer in International Relations in New Zealand and Australia and holds a PhD from Victoria University of Wellington. His book on the regional governance of migration, Asylum, Work and Precarity: Bordering the AsiaPacific was published by Palgrave in 2017 Despite a proud record of support for the International Labour Organisation (ILO), New Zealand is yet to sign one of the most important of the core labour rights conventions, Convention 87 on Freedom of Association and Protection of the Right to Organise (C87). Unions in New Zealand are calling on our government to put this right. The New Zealand Government, along with our unions and business associations, are rightly proud of our hundred-year record of tripartite support for the ILO, since joining as founding members in 1919. The Constitution of the ILO recognises freedom of association as a ‘fundamental principle’ and as a requirement of social justice. Supported by the 1998 Declaration on Fundamental Principles and Rights at Work, the ILO Governing Body has designated two conventions related to freedom of association as fundamental, meaning that all ILO members are required to respect, uphold and promote their principles. These are Convention 98 on the Right to Organise and Collective Bargaining (1949), which New Zealand ratified in 2003, and C87 (1948), which New Zealand has yet to ratify. New Zealand’s delegates to the centenary International Labour Conference (ILC) in June 2019 voted to adopt the ILO Centenary Declaration for the Future of Work, which states: ‘All Members should work towards the ratification and implementation of the ILO fundamental Conventions and periodically consider, in consultation with employers’ and workers’ organizations, the ratification of other ILO standards’. New Zealand also supported the Bali Declaration of the 2016 Asia-Pacific regional meeting of the ILO, which declared ratification and implementation of C87 to be ‘policy priorities for member States in the region, to be implemented in consultation with the social partners’. New Zealand’s failure to ratify C87 is out of step with our international commitments and our longstanding support for the ILO and fundamental labour rights. In a quirk of history, New Zealanders played a key role in drafting C87. Back in 1948, the New Zealand government delegate to the 31st session of the ILC was elected as chair of the convention drafting committee, where he was joined by the delegates representing New Zealand unions and employers. The New Zealanders voted unanimously in favour of the convention they had helped to draft. The government delegates considered whether aspects of New Zealand law at the time were out of step with the requirements of C87, but reported back to Wellington their view that: ‘[T]he Convention was not intended to be a “code of regulations” for the right to organize, but rather a concise statement of certain fundamental principles, and that States would remain free to provide such formalities in their legislation as appeared appropriate to ensure the normal functioning of industrial organizations […] provided that such legislation did not impair the guarantees granted by the Convention’. This was good advice, which remains relevant today. The goal of ILO Conventions is clearly to influence national laws, by promoting convergence with international labour standards. But ILO Conventions do not over-ride national law and it is up to sovereign governments to decide how they implement their obligations and at what pace they achieve convergence with international norms. But the New Zealand government of 1948 chose to ignore the advice of their own delegation and failed to progress ratification of C87. If the concern was that New Zealand’s Industrial Relations law at the time included regulations on formation of unions and elements of compulsory unionism, these approaches were in common with other countries that ratified the Convention, including Australia and the UK. Over time, the reasons given by New Zealand governments and officials for non-ratification of C87 have changed. In 2019, the New Zealand Government will report to the ILO that it is unable to ratify C87 due...