International labour standards and EU labour law

2013 ◽  
pp. 81-104 ◽  
Author(s):  
Giuseppe Casale
Keyword(s):  
Labour Law ◽  
Labour Standards ◽  
International Labour Standards

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.

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.

Internationalisation of Labour Law: The Lesotho Experience

2020 ◽  
Vol 35 (1) ◽  
Author(s):  
Kananelo Mosito
Keyword(s):  
Collective Bargaining ◽  
Trade Union ◽  
International Labour Organization ◽  
Labour Law ◽  
Labour Standards ◽  
International Labour Standards ◽  
The Right

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.

2. Sources and Institutions of Employment Law

2018 ◽  
Author(s):  
David Cabrelli
Keyword(s):  
Employment Law ◽  
Employment Protection ◽  
Labour Law ◽  
Codes Of Practice ◽  
Labour Standards ◽  
Protection Legislation ◽  
Potential Impact ◽  
International Labour Standards ◽  
The Uk ◽  
The Relationship

This chapter examines the principal sources and institutions of labour law in the UK. It discusses the relationship between the common law and employment protection legislation; the significance of Codes of Practice; the importance and extent of EU competence in the field of social policy and the potential impact of Brexit; informal sources of regulation and the institutional framework of employment law. The institutions that provide support for employment law are then considered, including the employment tribunals and the courts, and bodies such as the EHRC and ACAS. The chapter goes on to discuss the importance of EU law and human rights regulation to the discipline of labour law and also the influence of international labour standards.

2. Sources and Institutions of Employment Law

2020 ◽  
pp. 25-60
Author(s):  
David Cabrelli
Keyword(s):  
Employment Law ◽  
Employment Protection ◽  
Labour Law ◽  
Codes Of Practice ◽  
Labour Standards ◽  
Protection Legislation ◽  
The Common ◽  
International Labour Standards ◽  
The Uk ◽  
The Relationship

This chapter examines the principal sources and institutions of labour law in the UK. It discusses the relationship between the common law and employment protection legislation; the significance of Codes of Practice; the importance and extent of EU competence in the field of social policy and the potential impact of Brexit; informal sources of regulation and the institutional framework of employment law. The institutions that provide support for employment law are then considered, including the employment tribunals and the courts, and bodies such as the EHRC and ACAS. The chapter goes on to discuss the importance of EU law and human rights regulation to the discipline of labour law and also the influence of international labour standards.

scholarly journals Moroccan Women in the Domestic Services Sector: Recognizing The Unrecognized: Fez as a Case Study

2017 ◽  
Vol 13 (17) ◽  
pp. 17
Author(s):  
Karima Mechouat
Keyword(s):  
Structural Adjustment ◽  
Domestic Workers ◽  
Structured Interviews ◽  
Labour Law ◽  
Services Sector ◽  
Legal Situation ◽  
Exploratory Investigation ◽  
Labour Standards ◽  
International Labour Standards ◽  
Moroccan Women

The present paper aims to uncover the socio-economic and legal situation of women involved within the domestic services sector. It draws on parts of the findings brought about by a research paper I conducted in the fulfillment of the requirements for the degree of doctorate at the Faculty of Letters and Human Sciences in Fez, Morocco. Being more essentially based on ethnography, the study was carried out through the use of observation, focus group and structured/semi-structured interviews which were conducted and analyzed in the light of the established theoretical framework of this exploratory investigation. What is new in this article is the fact that the investigation’s findings will be analysed and discussed through a critical rereading of the Moroccan Labour Law on domestic workers to gauge the extent to which it complies with the International Labour Standards set by the Domestic Workers Convention. As a result of structural adjustment, a considerable number of unemployed workers are urged to invade the informal sector. This study reveals that women involved in the domestic services sector as an informal and feminized sector are not only economically and socially marginalized, but they are also marginalized at the legislative level. All this indicates the importance of recognizing the unremunerated and the under-remunerated contributions of women to the domestic services sector and to all aspects of development. It also suggests the urgent need to amend the labour law on domestic workers and bring it in line with the International Labour Organization Standards to improve domestic workers’ conditions.

Law and the Culture of Capital: A Critical Perspective on Labour’s Right to Associate in Developing Societies

2002 ◽  
Vol 18 (1) ◽  
pp. 1-22 ◽  
Author(s):  
L. A. Visano ◽  
Nicholas Adete Bastine
Keyword(s):  
Socioeconomic Development ◽  
Law And Economics ◽  
Complex Form ◽  
Labour Relations ◽  
Legal Narratives ◽  
Labour Standards ◽  
International Obligations ◽  
Developing Societies ◽  
International Labour Standards ◽  
The Impact

Informed by critical theory, this paper focuses on the dialectical interplay between law and economics evident in the practices and policies of the International Labour Organization (ILO). It is argued, first, that governments do not comply with international labour standards because of the inherent weaknesses of the ILO as the source and enforcer of international obligations. Second, the parochial politicization of rights defers to the arrogance of ignorance. Third, developing societies are overwhelmingly preoccupied with socioeconomic development. In exploring the impact of ILO practices on developing societies within the policies of the International Monetary Fund (IMF) and the World Bank (WB), this paper asks the following questions: to what extent does capital form and inform the law in relation to conflicting economic narratives of development and nationhood? How and why does the ILO talk up legal narratives of regulation and contest? How does law hegemonize capital integration? How does law symbolically function to mediate labour relations meanings and manipulate the inaction of civil society? Within the larger structure of “market forces,” the commodity of law is a complex form of social communication that diverts attention away from the political impact of predatory economies.

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