Governance Challenges and Opportunities for the International Labour Organization in the Wake of the COVID-19 Pandemic

2021 ◽  
Vol 18 (3) ◽  
pp. 370-396
Author(s):  
Anne Trebilcock
Keyword(s):  
International Organizations ◽  
Social Protection ◽  
Economic Recovery ◽  
International Labour Organization ◽  
Challenges And Opportunities ◽  
Governance Challenges ◽  
Labour Standards ◽  
Internal Operations ◽  
International Labour Standards ◽  
The Impact

Abstract The International Labour Organization has confronted several governance challenges in the wake of the COVID-19 pandemic. This article looks at the impact of the pandemic on both the internal operations of this unique tripartite UN Specialized Agency and on the ILO’s substantive work on labour market and social protection governance. It explores how international labour standards and their monitoring offer human rights pointers for addressing the crisis. The article highlights interaction (not always coherent) between the ILO and other organizations in connection with COVID-19 and economic recovery. It foreshadows initiatives on how to ‘build back better,’ with the ILO again seeking a strengthened multilateral role in support of its social justice mandate, as informed by resolutions adopted by the International Labour Conference. The article also touches on the pandemic’s impact on the functioning of the ILO Administrative Tribunal, which adjudicates employment disputes for many international organizations.

scholarly journals Promoting international labour standards: The ILO and national labour regulations

2021 ◽  
pp. 136914812110275
Author(s):  
Faradj Koliev
Keyword(s):  
Domestic Politics ◽  
International Norms ◽  
Labor Standards ◽  
Adoption Process ◽  
International Labour Organization ◽  
Preparatory Period ◽  
Labour Standards ◽  
International Labour Standards ◽  
The Impact ◽  
Intergovernmental Organisations

How and when do intergovernmental organisations (IGOs) promote incorporation of international norms in domestic politics? In this article, I assess the impact of the International Labour Organization (ILO) on national labour regulations. I advance a new argument regarding how and when labour regulations are shaped by the ILO. More specifically, I argue that the ILO can shape labour regulations during the preparatory process of international labour standards. I theorize that the preparatory period of international labour conventions constitutes a propitious condition for mechanisms of elite socialisation, learning and domestic mobilisation. To test our argument, we focus on national dismissal regulations covering the period 1970-2013. The findings provide evidence in line with my argument that states improve their regulations during the adoption process. However, I find no evidence that states improve their regulations after formal adoption. The results have substantive implications for our understanding of IGOs and labor standards in particular.

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.

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.

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.

Missions et Organisation Internationale du Travail (OIT) : quelles collaborations pour le développement ?

2016 ◽  
Vol 29 (3-4) ◽  
pp. 310-342
Author(s):  
Aurélien Zaragori
Keyword(s):  
Technical Assistance ◽  
International Labour Organization ◽  
Development Programs ◽  
Christian Missions ◽  
Assistance Programs ◽  
Labour Standards ◽  
International Labour Standards ◽  
Set Up

This article considers the links between development programs and policies set up by the International Labour Organization (ILO) and the actions and positions of Christian missions. It aims at understanding how and why the ILO and missions got in touch in the mid-1920s. Then it examines how these relations strengthened up to the beginning of the 1970s, at first for the elaboration of international labour standards, and later as part of technical assistance programs.

The Social Protection Agenda and the Burden of Responsibility and Sustainability

2018 ◽  
pp. 192-208
Author(s):  
Moses Adesola Adebisi
Keyword(s):  
Social Protection ◽  
Vital Statistics ◽  
International Labour Organization ◽  
African Countries ◽  
Public Funds ◽  
The Poor ◽  
The Social ◽  
Labour Standards ◽  
Cultural Economies ◽  
Global Agenda

Social protection represents part of the global agenda of the International Labour Organization in its concerted attempt to improve and promote global labour standards, labour rights as human rights, and reduce poverty. The situation of African countries is precarious given the poor state of their economies, poor national incomes, and the widespread state of poverty. In addition, most African countries south of the Sahara have poor databases on vital statistics, security insecurity, mono-cultural economies, and the failure to effectively entrench governance and democratic institutions and reforms, amongst others. How could the problem of corruption, graft, theft of public funds, and the cumbersome bureaucratic bottlenecks that are so prevalent in Africa be minimized if not eliminated? The chapter, therefore, anchors its analysis on two African countries: Nigeria and Ghana. But how can social protection be funded in a sustainable way? These are the objectives that are being pursued in this chapter.

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.

scholarly journals ILO is One Hundred Years

2019 ◽  
pp. 80-89
Author(s):  
V. N. Shitov
Keyword(s):  
Trade Unions ◽  
Technical Assistance ◽  
Comparative Method ◽  
Theoretical Background ◽  
International Labour Organization ◽  
Labour Standards ◽  
The Usa ◽  
International Labour Standards ◽  
Historical Methods ◽  
Second World

Introduction. The article analyzes ILO’s history, specifc features of its structural organization, main activities of ILO, which is one hundred years in 2019, as well as USSR and Russia’s participation in the work of ILO.Materials and methods. The methodological basis of the research includes general scientifc and special methods of analysis i.e. historical methods, formal methods, comparative method. The theoretical background of the research consists of works of specialists in international labour law, ILO-s Charter, other offcial documents of International Labour Organization.Results. International Labour Organization has proved to be one of the most respected UN special institutions. Its mandate is to promote right to work, employment, to expand social security of workers, to strengthen social dialogue. ILO is a unique international institution as it alone is based on “tripartism” principle and in all ILO bodies governments of member states are represented along with trade-unions and employers. Main activities of ILO are elaboration of conventions and recommendations on social and labour issues, technical assistance, research as well as collection and analysis of labour statistics. The most important activity of ILO – elaboration of international labour standards. During one hundred years of its existence ILO elaborated 189 conventions on social and labour issues. The author’s analysis proves that high income countries have the biggest numbers of ratifcations of ILO conventions. But there are exeptions i.e. the USA and some Islamic states. Author analyses the USSR’s participation in the work of ILO as well as diffculties that it encountered in this institution. On the contrary modern Russia has no problems with ILO as its laws correspond to the ratifed ILO conventions. Its total number is 76 which is more than in any other post-soviet country.Conclusion. It is proved that ILO encountered many challenges during the long period of its existence. These challenges were posed in particular by Create Depression and by the Second World War. But the Organization has always withstood challenges. Modern challenges to ILO are created by globalization as well as by transnationalization in the world economy.

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