Selson FafaleMr.Selson Fafale
Chief Labour Officer, ILS/P.

OVERVIEW

The ILS and Prosecution unit is one of the units in the Dept. It is tasked with the looking after of ILO matters as well as responsible for instituting legal actions on those in breach of the labour laws. At this point in time the Unit is concentrating on unfair dismissals only as well as non-provision of redundancy entitlements to employees.

OBJECTIVES

  • Promotion and promulgation of ILO standards to stake-holders/competent authorities.
  • Reports to ILO on the application of the fundamental and ratified conventions.
  • Review of appropriate labour legislations to be in conformity to ILO standards
  • Representation of workers who are unfairly dismissed in TDP.

STANDARDS

The ILO standards come in several forms.

  • Fundamental conventions
  • Recommendations
  • Ratified conventions.

FUNDAMENTALS CONVENTIONS

1.C138 – Minimum age convention

2.C182 – Worst form of child labour

3.C100 – Equal remuneration.

4.C111 – Discrimination in employment and occupation.

5.C87 – Freedom of association and   protection of the right to organize.

6.C98 - Right to organize collective bargaining

7.C29 – Forced Labour

8.C105 - Abolition of forced Labour.

 

RATIFIED CONVENTIONS

  • C8 – Unemployment indemnity ( shipwreck)
  • C11 – Right of association (agriculture)
  • C12 – Workmens compensation (agriculture)
  • C14 - Weekly rest (industry)
  • C16 – Medical examinations of young persons (sea)
  • C19 – Equality of treatment (accident compensation)
  • C26 – Minimum wage – Fixing machinery
  • C29 – Forced labour (fundamental convention)
  • C42 – Workmens compensation
  • C45 – Underground work (women)
  • C81 – Labour inspection
  • C94 – Labour clauses (public contracts)
  • C95 – Protection of wages
  • C108 – Seafarers indemnity documents (currently revised)

 

C138 - MINIMUM AGE CONVENTION

  • The convention seeks to ensure that all countries who are members of ILO to pursue a policy designed to abolish child labour and to raise the minimum age for admission to employment or work.
  • SIG – 18 years

 

CS182-WORST FORM OF CHILD LABOUR

  • Each member state which ratifies the convention shall take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour.
  • The term child labour applies to all persons under the age of 18.

 

C100-EQUAL REMUNERATION CONVENTION

  • The principle of equal remuneration for men and women for work of equal value is to be applied to all workers without discrimination based on sex.
  • To facilitate the application of the equal remuneration principle appropriate methods  for the objective appraisal of the work to be performed have to be established, to provide a classification of jobs regardless of sex.
  • The equality of remuneration for work of equal value should be established by law and or collective agreement.
  • Government should make sure that employers an workers are fully informed about the legal situation.

C111-DISCRIMINATION (Employment and Occupation) CONVENTION, 1958

  • The convention seeks to ensure that member states declare and pursue a national policy to promote equality of opportunity and treatment in respect of employment and occupation , with a view to eliminate any discrimination in respect thereof.

C87-FREEDOM OF ASSOCIATION AND PROTECTION OF THE RIGHT TO ORGANIZE CONVENTION, 1948

  • Workers and employers, without discrimination whatsoever, have the right to establish and join organizations of their own choosing.
  • Workers and employers organizations shall not be liable to be dissolved or suspended by administrative authority.

C98- RIGHT TO ORGANIZE AND COLLECTIVE BARGAINING CONVENTION, 1949

  • The convention offer protection to workers against acts of anti-union discrimination in respect of their employment.
  • Such as
                 –not to join union
                 - not to participate in union activities

 

C29-FORCED LABOUR CONVENTION, 1930

  • Each member state of ILO undertakes to suppress the used of forced or compulsory labour in all its forms.
  • Forced or compulsory labour means all work/service exacted from any person under menace/threat and for which the person has not offered himself voluntarily.

C105-ABOLITION OF FORCED LABOUR CONVENTION, 1957

  • Each member state shall undertakes to take effective measures to abolish forced or compulsory labour.

SUMMARY

  • You would note that elements of the conventions can be found in our industrial relations laws. This is part of the countries obligations to the ILO as the international regulator of employment and industrial relations.

WHAT IS ILO

  • The International Labour Organization is a tripartite organization, consisting of trade unions, governments and companies, and part of the United Nations system.

BACKGROUND

  • The ILO was created in 1919, as part of the treaty of Versailles that sees the end of World war1.
  • The Founders made a commitment to spread  humane working conditions and fighting injustice, hardship and poverty.
  • Over the years ILO has built on its aims and in 1998 adopted the Fundamental principles and rights at work.

MAIN FUNCTIONS

  • The ILO is constitutionally given powers as the International organization and the competent body (authority) to set and deal with International  Labour Standards and promoting the Fundamental rights at work.
  • The ILO is devoted to advancing opportunities for women and men to obtain decent and productive work in conditions of freedom, equity, security and human dignity.

AIMS

  • The main aims of ILO are to:
  1. Promote rights at work
  2. Encourage decent employment   opportunities.
  3. Enhance social protection.
  4. Strengthen dialogue in   handling work-related issues.

CORE LABOUR STANDARDS

  • There are 5 core labour standards, laid out in eight conventions.

             (a)   Freedom of association and the effective recognition of the right to collective  bargaining (c 87 & c 98)

             (b)  The elimination of all forms of forced and compulsory labour (c29 & c105)

             (c)  The effective abolition of child labour (c138 & c182)

             (d)  The elimination of discrimination in respect of employment and occupation   (c100 &c111)

             (e)  The declaration on the fundamental principles and rights at work.

In the declaration, ILO member states agreed that they should all respect, promote and realize these core labour standards (whether they have been ratified or not)

SUMMARY

  • In summary it would be said that ILO is the international agency responsible for all labour issues.
  • The organization is mandated to look after the welfare of workers internationally and set standards through its conventions for the betterment of all workers.
  • Each member state is obliged to observe the standards set by ILO.