Project employment in international labour standards and labour legislation of the EAEU countries

2020 ◽  
pp. 136-145
Author(s):  
M. Pryazhennikov
Author(s):  
S. Venediktov

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 The "pure" denunciations are more relevant to outdated conventions or conventions that no longer correspond to existing fundamental principles in the world of work.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.


2002 ◽  
Vol 18 (1) ◽  
pp. 1-22 ◽  
Author(s):  
L. A. Visano ◽  
Nicholas Adete Bastine

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.


1995 ◽  
Vol 8 (4) ◽  
pp. 569-588 ◽  
Author(s):  
Rob Lambert ◽  
Donella Caspersz

Obiter ◽  
2018 ◽  
Vol 39 (2) ◽  
Author(s):  
Johana K Gathongo ◽  
Adriaan van der Walt

There have been notable concerns in the current dual dispute resolution system in Kenya. The problems include protracted referral timeframes for dismissal disputes, non-regulation of maximum timeframes for the agreed extension after 30 days conciliation period has lapsed, the absence of statutory timeframes for appointing a conciliator/ commissioner and arbitration process under both the Labour Relations Act, 2007 and the Employment Act, 2007. Likewise, the responsibility of resolving statutory labour disputes in Kenya is still heavily under the control of the government through the Ministry of Labour. There is still no independent statutory dispute resolution institution as envisaged by the Labour Relations Act, 2007. As a result, the Kenyan dispute resolution system has been criticised for lack of impartiality leading to the increase in strikes and lockouts.This article examines the effectiveness of the Kenyan labour dispute resolution system. The article evaluates the provisions of international labour standards relevant to labour dispute resolution. The article illuminates and describes the bottlenecks in the current Kenyan system and argues that it does not adequately respond to the needs of parties in terms of the international labour conventions. A comparative approach with South Africa is adopted to see how independent institutions, such as the Commission for Conciliation, Mediation and Arbitration, Bargaining Councils and specialised Labour Courts can lead to effective dispute resolution. In view of that, a wide range of remedial intervention intended to address the gaps and flaws highlighted in the study are made. Systematically, the article provides suggestions and possible solutions for a better institutional framework and processes to address them.


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