scholarly journals TOWARDS THE ISSUE ON THE DENUNCIATION OF THE CONVENTIONS OF THE INTERNATIONAL LABOUR ORGANIZATION

2021 ◽  
pp. 15-18
Author(s):  
S. Venediktov
Keyword(s):  
Practical Importance ◽  
Legal Regulation ◽  
Working Environment ◽  
International Labour Organization ◽  
Equal Rights ◽  
The World ◽  
Labour Standards ◽  
Labour Legislation ◽  
International Labour Standards ◽  
Almost All

The article analyzes the legal regulation for the denunciation of the conventions of the International Labour Organization. Both automatic and "pure" denunciations of conventions are examined. Ratified ILO conventions have traditionally been one of the key sources of national labour law. However, over time, some of them have lost their relevance and practical importance. The most common way to waive obligations under ratified conventions is to denounce them. Denunciation is provided for in every ILO convention, with the exception of Conventions Nos. 80 and 116, which contain rules relating to the partial revision of previous conventions. In addition, a mechanism for partial denunciation is provided for certain conventions. Such a mechanism is expressed in the possibility of denunciation of: a) certain sections of the Convention, e.g. Invalidity, Old-Age and Survivors' Benefits Convention, 1967 (No. 128); b) certain categories covered by the scope of the convention, e.g. Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148). It is determined that most denunciations of ILO conventions occur automatically, due to the country's ratification of more recent conventions. In Ukraine, all denunciation of ILO conventions took place automatically. The "pure" denunciations are more relevant to outdated conventions or conventions that no longer correspond to existing fundamental principles in the world of work. An example is Night Work (Women) Convention (Revised), 1948 (No. 89), which was denounced by Austria, Greece, Italy, Ireland, France, the Czech Republic, etc. The provisions of this Convention are no longer in line with the ILO's existing policy of equal rights and opportunities for men and women in world of work. The practice of denouncing up-to-date ILO conventions should not be called widespread, primarily due to the need for mandatory prior tripartite consultations on this issue, which involves comprehensive consideration of the interests of government, employees and employers. Ratification by the country of the ILO conventions puts national labour legislation in a fairly clear framework, which in some cases may serve as a reason for slowing down specific areas of its further development. After all, certain conventions were adopted at a time when completely different regulatory approaches in the world of work were applied than those that exist today. Resolving this issue is possible through the timely and balanced application of the denunciation procedure. This procedure, provided for in almost all ILO conventions, should be considered as a clear example of the harmonious evolution of international labour standards. Keywords: International Labour Organization, conventions, automatic denunciation, "pure" denunciation, ratification, national legislation.

scholarly journals The World of Work in the Context of the COVID-19 Pandemic: Analysis, Assessments and ILO Recommendations

2021 ◽  
Vol 15 (1) ◽  
pp. 28-39
Author(s):  
G. L. Podvoisky
Keyword(s):  
Working Time ◽  
Labour Markets ◽  
Director General ◽  
International Labour Organization ◽  
The World ◽  
Labour Standards ◽  
International Labour Standards ◽  
Restrictive Measures ◽  
National Governments ◽  
Practical Recommendations

The crisis caused by the COVID-19 pandemic, unprecedented in scale, speed, and depth, has imbalanced and destabilized national labour markets. This article highlights the work of the International Labour Organization (ILO), which since the start of the pandemic has made a signifiant contribution to analysing the situation in the crisis and developing practical recommendations for the restoration of labour markets. The author of the article examines the key challenges facing national governments in this challenging and responsible period, including those identifid by ILO Director-General Guy Ryder. Particular attention is paid to the analysis of the consequences of introducing strict restrictive measures, primarily the closure of jobs. Data on lost working time in various regions and subregions of the world are provided. Based on international labour standards, ILO experts have formulated the main directions for combating the crisis caused by COVID-19, the implementation of which will contribute to faster recovery and stabilisation in national labour markets.

Women, Law and Employment in Pakistan: from ‘Protection’ to ‘Equal Treatment’?

1996 ◽  
Vol 1 (3) ◽  
pp. 207-232 ◽  
Author(s):  
Siobhan Mullally
Keyword(s):  
Public Sphere ◽  
Legal Regulation ◽  
Equal Treatment ◽  
Domestic Sphere ◽  
The Public ◽  
Legislative Reform ◽  
Women's Participation ◽  
Labour Legislation ◽  
International Labour Standards ◽  
The Public Sphere

This paper examines the legal regulation of women's employment in the public sphere in Pakistan. A large part of the legislation relating specifically to the employment of women is highly protective in nature. The 1973 Constitution of Pakistan assumes that women are in need of protection. This assumption is reflected in the labour legislation and in the international labour standards that have been adopted by Pakistan. Much of the existing Labour Code is a legacy of the colonial period and reflects the concerns of the early British factory movement to preserve female modesty and ‘protect’ women's roles within the domestic sphere. This paper attempts to identify those areas of the law most in need of reform if the protective approach to women's participation in the public sphere is to be transcended. Although legislative reform does not necessarily lead to a change in workplace practices, the existence of discriminatory legislation, gaps in existing legislation and a lack of adequate enforcement machinery constitute significant institutional barriers to women's participation in the public sphere. For these reasons, it is argued, calls for law reform and a focus on legislative reform as a strategy for change may be justified.

scholarly journals Тенденции в производителността на труда в българската минна индустрия

2020 ◽  
pp. 15-23
Keyword(s):  
Labour Productivity ◽  
Mining Industry ◽  
Value Added ◽  
Productivity Index ◽  
International Labour Organization ◽  
Economic Activities ◽  
Operating Income ◽  
Industry Sector ◽  
The World ◽  
Almost All

Trends in Labour Productivity in the Bulgarian Mining Industry The paper summarizes the trends in the labour productivity index of the world, European (EU-28) and Bulgarian economies for the 2000-2019 period. It represents a prediction of the International Labour Organization for its development until 2024. The changes in the labour productivity of Bulgaria and the “Industry” sector are examined for the indicated period. They are determined on the basis of current prices and of 2015 prices per employee and per hour worked. The tendencies in the change of the labour productivity for the “Mining and Quarrying“ sub-sector for the 2008-2018 period are described, based on the operating income per employee and on the value added at factor cost per employee, and some conclusions are drawn. Comparison of the realized labour productivity in almost all economic activities in Bulgaria for 2018 is presented.

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.

CONCERNING THE APPLICATION OF LEGAL TRANSPLANTS IN LABOUR LAW OF UKRAINE

2021 ◽  
pp. 12-16
Author(s):  
S. Venediktov ◽  
Keyword(s):  
Rapid Development ◽  
Legal Regulation ◽  
Labour Law ◽  
Related Factors ◽  
Wide Range ◽  
The World ◽  
Complex Procedure ◽  
Labour Standards ◽  
Legal Transplantation ◽  
The Individual

The paper analyzes the features of the implementation of legal transplants in the labour law of Ukraine, as well as the factors that contribute to the effective implementation of this category. Transplantation of legal rules and institutions from one country to another is quite common in the world and the history shows many examples of positive or negative transplantation of rules and institutions of labour law. Collective labour law is characterized by a pronounced complexity, which manifests itself in a variety of related interdependent elements that require mandatory accounting. In the individual labour law, such complexity is less pronounced, therefore, some of its practical elements are naturally inclined towards greater acceptance. The most comprehensive example of successful legal transplantation is labour standards of the International Labour Organization. The ILO is a specialized agency of the United Nations that deals directly with the world of work. As of today, 187 states are members of this organization. The ILO adopts conventions, recommendations and protocols on labour issues. The most striking manifestations of legal transplants in the labour law of Ukraine are characteristic, first of all, for the period of its formation and development, which falls on the 20th century. Turning to the prospects for the use of transplants in labour law of Ukraine, it should be noted that in the future this phenomenon to some extent will inevitably accompany the rule-making process. This is facilitated by Ukraine's membership in the ILO, EU integration, growing globalization, the gradual narrowing of social barriers, the rapid development of digital technologies, etc. However, in this case, it should always be remembered that legal transplantation does not forgive formalism and dilettantism, it is not expressed in the literal transfer of the rule or institution of law, but is a complex and complicated process, which is characterized by a wide range of related factors. Such factors include: political component, socio-economic context, traditions in society and social culture, legal culture. Labour law belongs to those branches of law that are naturally suitable for legal transplants. More than a century of ILO activity is a vivid confirmation of this. In turn, legal transplants should not be considered as an option that allows to minimize efforts in reforming national legislation, on the contrary, they are characterized by a rather complex procedure, which is influenced by political, socio-economic, cultural and legal factors. But a comprehensive and balanced consideration of these factors will undoubtedly lead to a positive result. This is due to the presence of a significant number of foreign examples that have long been tested in practice and have led to favorable consequences in the legal regulation of employment relationships, and their implementation in Ukraine would certainly serve as an impetus for the further development and effective functioning of domestic labour law.

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.

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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