scholarly journals The ILO and Transformation of Labour Law

2020 ◽  
pp. 17-49
Author(s):  
Ulla Liukkunen
Keyword(s):  
Trade Unions ◽  
Multinational Enterprises ◽  
Social Protection ◽  
Decent Work ◽  
Labour Law ◽  
Labour Rights ◽  
Contractual Arrangements ◽  
Labour Standards ◽  
International Labour Standards

Abstract The article explores some of the biggest challenges to the ILO caused by globalization and altering of the collective labour rights scene. It examines the recent transformation of collective bargaining regimes at national and transnational level and the consequences for normativities that characterize the relationship between labour law and the system of international labour standards. Domestic bargaining regimes are influenced by decentralization whereas in a transnational setting, with the phenomena of contractual arrangements between multinational enterprises and trade unions or other employee representatives, transnational collectivization of labour law is occurring. The process of transnationalization of labour law affects the traditional labour law paradigm with profound consequences for our understanding of the purpose and role of labour law. The transformation of labour law highlights regulatory developments that require reinforcement of the role of fundamental labour rights. Building a perspective on major global challenges to the ILO at the beginning of its second centenary requires an assessment of the labour question in terms of flexibility and vulnerabilities. This raises the question of inclusivity, calling for the ILO decent work agenda, employment creation, social protection, rights at work and social dialogue, all to be more firmly integrated in global regulatory approaches to work.

Part III The Social Dimension, 13 Labour Relations

2021 ◽  
Author(s):  
Muchlinski Peter T
Keyword(s):  
Corporate Social Responsibility ◽  
Social Responsibility ◽  
Perceived Risk ◽  
Multinational Enterprises ◽  
Social Dimension ◽  
Decent Work ◽  
Labour Relations ◽  
Labour Rights ◽  
Labour Standards ◽  
Corporate Social

This chapter examines labour relations. The main elements of corporate social responsibility (CSR) applicable to multinational enterprises (MNEs) revolve around labour relations, human rights and environmental sustainability, which form the core contents of international corporate social responsibility (ICSR) instruments. The extension of CSR to MNEs arises from the perceived risk that they have the power to act with impunity against the interests of stakeholders affected by their operations, giving rise to growing demands for rebalancing corporate responsibilities towards more social ends. Labour rights represent the oldest category of social rights under national and international law and are key to understanding the rise of ICSR and its legal responses. The chapter then explores the historical role of labour rights in ICSR. It considers how the operations of MNEs and global value chains (GVCs) have caused changes in labour practices. It also studies the consequences of these changes on the regulation of labour relations in MNEs and GVCs, including the shift in contemporary transnational labour standards to the notion of ‘decent work’. Finally, the chapter assesses how the ‘decent work’ idea can be put into practice through national laws, international labour rights and transnational labour practices.

Part IV Activities of Organizations, Ch.22 Labor

2016 ◽  
Author(s):  
Langille Brian
Keyword(s):  
International Organizations ◽  
Human Freedom ◽  
Social Outcomes ◽  
Labour Law ◽  
Alternative Account ◽  
Economic Progress ◽  
Significant Events ◽  
Labour Standards ◽  
The Creation ◽  
International Labour Standards

This chapter examines ‘labor’ as an issue which international organizations have attempted to regulate over the last century by using legal and other techniques to construct modes and structures of governance. It begins by setting out the five reasons why the terrain of labour is especially difficult for IOs to negotiate. It then considers how these reasons both structure and complicate the competing narratives of the labour issue, in the context of the roles and actions of prominent IOs as well as significant events and debates. It is argued that the long-held narrative about international labour standards as a necessary cost to be paid in order to either to constrain markets in the name of fairness, or to avoid radical social outcomes, is today inadequate. Rather, a new, alternative account is needed: that labour law can be, and is best seen, as holding positive value for both the creation of real human freedom, just societies and economic progress.

The Role of Trade Unions as a Subject of Social Partnership in the Settlement of Labor Disputes

2020 ◽  
Vol 9 (3) ◽  
pp. 967
Author(s):  
Asem M. RAKHIMOVA ◽  
Asel K. KAISHATAEVA
Keyword(s):  
Trade Unions ◽  
Occupational Safety ◽  
Social Protection ◽  
Safety Management ◽  
Collective Agreement ◽  
Labor Disputes ◽  
Social Partnership ◽  
Labor Legislation ◽  
Literary Sources

The most important actor of the system of social partnership are trade unions, which often act as democratic institutions of society. The aim of the study is to determine the role of trade unions as a participant in social partnership in the system of settlement of labor disputes in Kazakhstan, using the experience of foreign countries as an example, creating a mechanism for social protection of workers in the form of a balanced system of state and market regulators and strengthening the role of trade unions in the occupational safety management system. The following methods were used as methods of scientific research: analysis of literary sources, the study of regulatory legal acts, special legal, comparative legal. The author focuses on the problems faced by employees in resolving labor disputes. The labor legislation of Kazakhstan regulates the procedure for issuing acts of an employer, preparing a draft collective agreement, the procedure for resolving labor disputes, etc. All this should be conducted taking into account the opinion or in agreement with the representatives of employers, but today, as practice shows, all these procedures take place without proper coordination, especially in commercial enterprises with a non-state form of ownership. According to the author, the regulation of labor disputes is just the direction where there is close interaction between trade unions and the state is a clear manifestation of social partnership.

The International Labour Standards Regime: A Case Study in Global Regulation

2005 ◽  
Vol 37 (11) ◽  
pp. 1939-1953 ◽  
Author(s):  
Nigel Haworth ◽  
Stephen Hughes ◽  
Rorden Wilkinson
Keyword(s):  
Executive Leadership ◽  
Economic Governance ◽  
International Labour Organisation ◽  
Global Consensus ◽  
The Social ◽  
Labour Standards ◽  
International Labour Standards ◽  
Global Economic Governance

The World Trade Organisation's (WTO) consistent rejection of proposals for the inclusion of a social clause into its existing rules and regulations has prompted the International Labour Organisation (ILO) to examine alternative ways in which global consensus on the regulation of labour standards can be developed. In this paper we map the failure of the social clause debate by reference to the outcome of successive WTO ministerials and we examine the role of executive leadership and related epistemic activity in the development of the international labour standards regime (ILSR). We conclude that the switch to a focus on a regime of core labour standards provides the most promising platform for progress in labour protection and an influential outcome in placing the ILO at the heart of attempts to integrate social policy into global economic governance.

Protection of Labour Rights in the Age of Democratization and Economic Restructuring in Southern Africa

1995 ◽  
Vol 39 (1) ◽  
pp. 39-63 ◽  
Author(s):  
Peter Nanyenya Takirambudde
Keyword(s):  
Human Rights ◽  
Southern Africa ◽  
Trade Unions ◽  
Large Scale ◽  
Economic Restructuring ◽  
Labour Law ◽  
Labour Rights ◽  
Negative Rights ◽  
The Right ◽  
Political Economic

The contours of human rights, especially labour rights, have undergone significant shifts in the recent past in Southern Africa. Labour law regimes have been overhauled, resulting in large-scale changes, liberalization of controls over trade unions, loosening of strictures relating to the right to strike, freeing collective bargaining from excessive governmental interference and the extension of protective legislation to previously excluded workers. These developments have been a function of dramatic changes throughout die region. The transition in Soudiern Africa has encompassed die political, economic and legal fabrics of most countries. It has been under way since die late 1980s and is being extended daily. In die constitutional zone, diere is a discernible trend towards the constdtutionalization of social rights, thus settling the debate regarding positive and negative rights in favour of the interdependence, indivisibility and interconnectedness of human rights. The transformation in Soudiern Africa is emblematic of three critical developments: democratization, economic liberalization and paradigmatic transitions in law.

scholarly journals The Impact of the Labour Relations Act on Minority Trade Unions: A South African Perspective

2017 ◽  
Vol 16 (4) ◽  
pp. 284
Author(s):  
Johan Kruger ◽  
Clarence Itumeleng Tshoose
Keyword(s):  
Collective Bargaining ◽  
South African ◽  
Trade Union ◽  
Trade Unions ◽  
Freedom Of Association ◽  
Labour Relations ◽  
Labour Standards ◽  
International Labour Standards ◽  
The Right ◽  
The Impact

The advent of the new political dispensation in 1994 heralded the coming of a new labour dispensation. Labour relations and labour policies changed significantly from that which prevailed under the previous government. The review of the labour legislation framework was at that stage a priority for the new government, with specific focus on the review of the collective bargaining dispensation. The abuse of trade unions under the previous government gave rise to a unique entrenchment of labour rights in the Constitution. The drafters thereof were determined to avoid a repetition of this abuse after 1994. Section 23 of the Constitution goes to great lengths to protect, amongst others, the right to form and join a trade union, the right of every trade union to organise and the right of every trade union to engage in collective bargaining. In furtherance of section 23(5) of the Constitution, the Labour Relations Act 66 of 1995 was promulgated. One of the most significant changes of the LRA was that it now provided for legislated organisational rights. Commentators have often viewed the LRA as favouring larger unions and as conferring clear advantages on unions with majority support at the establishment or industry level.  It is within this context that this article examines the impact of section 18 of the LRA on the constitutionally entrenched right of every person to freedom of association, the right of every trade union to engage in collective bargaining, and the right of every trade union to organise. Furthermore, this article explores the justifiability of the impact of section 18 on minority trade unions in terms of international labour standards and the Constitution. In part one the article examines the concept of majoritarianism, pluralism and industrial unionism in the context of South African Labour market. Part two deals with the impact of section 18 of the LRA on minority Trade Unions. Whilst part three explores the concept of workplace democracy. Part five investigates the applicability of international labour standards in the context of the right to freedom of association. Part four ends up with conclusion and recommendations on the impact of section 18 of the LRA.

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