International Labour Law

266 Pages·1979·5.799 MB·English

by  Prof. N. Valticos (auth.)

International Labour Law
International Labour Law
by Prof. N. V alticos
This book was originally published as a monograph in the International
Encyclopaedia for Labour Law and Industrial Relations
1979
Springer-Science+ Business Media, B.V.
Cover design: Pieter 1. van der Sman
ISBN 978-94-017-4404-1 ISBN 978-94-017-4402-7 (eBook)
DOI 10.1007/978-94-017-4402-7
© 1979 Springer Science+Business Media Dordrecht
Originally published by Kluwer, Deventer, The Netherlands in 1979
All rights reserved. No part of this publication may be reproduced, stored in a retrieval
system, or transmitted in any form by any means, electronic, mechanical, photocopying,
recording or otherwise, without the written permission of the publisher.
Foreword
This text was prepared as a monograph for the International Encyclopaedia
for Labour Law and Industrial Relations. It is based on a more detailed work
which appeared in French in 1970 and in Spanish in 1977. The material was
brought up to date and recast to correspond to the type of monographs con
tained in the Encyclopaedia, which were aimed at providing concise, but
reasonably detailed information and analysis of national laws and practice.
Thus indications concerning the historical background, important as they may
be in the present case, as well as the discussion of a number of theoretical
questions, have had to be considerably reduced. However, detailed, up-to
date information is provided on the system of international labour standards
and on the substantive provisions of the most important of these international
instruments.
As part of the Encyclopaedia for Labour Law and Industrial Relations, the
present study will most probably reach those engaged in research in the field
of labour law, as well as many employers' organisations and a large section
of the trade union movement. However, it has been considered useful to
publish the study also in book form to facilitate its use in wider circles such
as university teachers and students, diplomats, politicians, international
lawyers, and those engaged in daily trade union activities.
Table of Contents
List of Abbreviations 15
Introduction 17
CHAPTER I. HISTORICAL AND GENERAL BACKGROUND 17
§ 1. Definition 17
§2. Historical development 17
§3. The establishment of the International Labour Organization 18
§4. The activity of the International Labour Organization 19
I. The International Labour Conference 19
II. The Declaration of Philadelphia 19
III. The agreements with the UN and other
international organizations 19
IV. The international labour standards 20
§5. The purpose of international labour standards 20
I. International competition 21
II. Contribution to the consolidation of peace 22
III. Social justice 23
IV. Social and human objectives of economic development 25
V. International movement of workers and goods 25
VI. Consolidation of national labour legislation 26
VII. Source of inspiration for national action 26 ·
§6. International labour standards and technical co-operation 26
CHAPTER II. THE INSTITUTIONAL FRAMEWORK 27
§ 1. The membership of the ILO 27
I. States Members and rules governing membership 27
II. Withdrawal 28
§2. The tripartite structure 29
I. Problems relating to workers' representatives 30
A. The problem of trade union pluralism 30
B. The problem of countries whose trade union
system is not considered to be in conformity
with freedom of association 31
II. Problems relating to employers' representatives 32
§3. The organs of the ILO 34
I. The International Labour Conference 34
II. The Governing Body 36
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III. The International Labour Office 37
IV. Technical committees and meetings 38
V. Regional meetings 38
§4. The competence of the ILO 38
I. The question of agricultural work 39
II. The question of means of production 39
III. The question of the personal work of the employers 40
IV. The question of women holding positions of supervision 40
V. More recent evolution. The competence of the ILO as
redefined by the Declaration of Philadelphia 41
§5. The standard-setting activities of the ILO and other
international organizations 42
CHAPTER III. THE SOURCES OF INTERNATIONAL LABOUR LAW 42
§ 1. ILO Sources 43
I. The Constitution of the ILO 43
II. Conventions and Recommendations 43
A. Nature and characteristics 44
The International Labour Code 46
B. The procedure for the adoption of Conventions
and Recommendations 46
1. The inclusion of items on the agenda
of the Conference 46
2. The discussion and adoption by the Conference 47
C. Tfie problems encountered in framing
Conventions and Recommendations 49
1. The diversity of national conditions 49
a. Universal or regional standards? 49
b. The level of the standards 50
c. The flexibility clauses 51
1. Options allowed to States as
regards obligations undertaken 51
2. Flexibility in the formulation of the standard 52
Flexibility as regards the scope 52
Flexibility as regards the content
of the obligation 52
3. Flexibility as regards the methods of
application 53
d. The drafting of the standard 54
e. Results of flexibility clauses 54
2. The nature of the rights which may be the
subject of international standards 54
3. The choice between a Convention and a
Recommendation 55
4. The adjustment to change. The revision of
Conventions and Recommendations 57
III. Less formal instruments 59
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IV. Interpretation 60
V. Case law 61
VI. Instruments adopted by special Conferences under
the auspices or with the co-operation of the ILO 62
§2. United Nations instruments 63
§3. Regional instruments 64
I. Council of Europe instruments 64
A. European Social Charter 64
B. The European Human Rights Convention 65
C. Social Security instruments 65
II. European Communities standards 66
Ill. Other regional instruments 66
§4. Bilateral treaties 67
I. Labour treaties 67
II. Social insurance treaties 69
Ill. Conclusion 69
§5. Relations between the sources 70
I. The role of the various international sources 70
II. The conflict between international sources 71
A. Preventive steps 71
B. Cases of conflict 72
CHAPTER IV. SELECTED BIBLIOGRAPHY 74
Part 1: The Content of International Labour Law 79
CHAPTER I. FREEDOM OF ASSOCIATION FOR TRADE UNION PuRPOSES 79
§ 1. General outline 79
§2. The Freedom of Association and Protection of the Right
to Organize Convention, 1948 (No. 87) 81
I. The right to establish trade union organizations 81
II. The rights and guarantees of trade union organizations 83
Ill. The right to strike 85
§ 3. The Right to Organize and Collective Bargaining
Convention, 1949 (No. 98) 86
§4. The Workers' Representatives Convention (No. 135)
and Recommendation (No. 143) of 1971 87
§5. The Rural Workers' Organizations Convention (No. 141)
and Recommendation (No. 149) of 1975 89
§6. The Labour Relations (Public Service) Convention (No. 151)
and Recommendation (No. 159) of 1978 90
§ 7. Fields in which additional studies and standards have
been contemplated 91
§8. Other international standards 92
I. Universal standards 92
II. European standards 93
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§9. Bilateral treaties 95
CHAPTER II. FORCED LABOUR 95
§ 1. General outline 95
§2. The Forced Labour Convention, 1930 (No. 29) 96
§3. The Abolition of Forced Labour Convention, 1957 (No. 105) 97
§4. Problems of application of the Forced Labour Conventions 98
I. The problems of forced labour for economic purposes 98
II. The various youth services 99
III. The problems of forced labour for political purposes 101
IV. The problems of forced labour as a means of
labour discipline 101
§5. Other international standards 102
CHAPTER III. DISCRIMINATION IN EMPLOYMENT 104
§ 1. General outline 104
§2. The Discrimination (Employment and Occupation)
Convention and Recommendation, 1958 (No. 111) 105
I. Definition of the term 'discrimination' 106
II. Measures which are not deemed to be discrimination 107
III. Individuals and fields covered 109
IV. Action designed to eliminate discrimination 109
§3. The action in the field of apartheid 111
§4. Other international standards 113
CHAPTER IV. EMPLOYMENT 114
§ 1. General outline 114
§2. Employment policy 116
§3. Unemployment 118
I. The Unemployment Convention, 1919 (No. 2) 118
II. The unemployment of young persons 119
III. The organization of public works 119
§4. Placement 120
I. The abolition or regulation of fee-charging
employment agencies 120
A. The progressive abolition of fee-charging
employment agencies conducted with a view to
profit and the regulation of the other
employment agencies 120
B. The regulation of fee-charging employment
agencies 121
C. Ratification and problems of application of
Convention No. 96 121
D. The problem of temporary work agencies 122
II. The employment service 122
§5. Apprenticeship, vocational guidance and training 123
§6. Other international standards 124
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CHAPTER V. WAGES 125
§ 1. General outline 125
§2. Minimum wage-fixing 126
I. Introduction 126
II. The 1928 Minimum Wage-Fixing Machinery
Convention (No. 26) and Recommendation (No. 30) 127
III. The 1951 Minimum Wage-Fixing Machinery
(Agriculture) Convention (No. 99) and
Recommendation (No. 89) 128
IV. The 1970 Minimum Wage-Fixing Convention (No. 131)
and Recommendation (No. 135) 129
V. The social policy Conventions 130
VI. Provisions concerning special categories of
workers (seafarers and plantations workers) 130
§3. Protection of wages 131
§4. Labour clauses in public contracts 132
§5. Other international standards 133
CHAPTER VI. GENERAL CONDITIONS OF WORK 134
§ 1. Hours of work 134
I. General outline 134
II. The standard of the eight-hour day and the
48-hour week 136
A. The Hours of Work (Industry)
Convention, 1919 (No. 1) 136
B. The Hours of Work (Commerce and Offices)
Convention, 1930 (No. 30) 137
C. The special Conventions 138
III. The standard of the forty-hour week 138
A. The Forty-Hour Week Convention, 1935
(No. 47) 138
B. The special Conventions 139
C. The Reduction of Hours of Work
Recommendation, 1962 (No. 116) 139
IV. Difficulties of ratification and application of the
standards on hours of work 139
V. Other international standards 140
§2. Weekly rest 140
I. General outline 140
II. Weekly rest in industry 141
III. Weekly rest in commerce and offices 141
IV. Other international standards 142
§3. Paid leave 142
I. General outline 142
II. The 1936 Holidays with Pay Convention and
Recommendation 143
III. The 1954 Holidays with Pay Recommendation 144
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