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Part 2. A historical review
Diploma Thesis from the year 2003 in the subject Economics - International Economic Relations, grade: 2,3 (B), University of Paderborn (International Economic Relations), language: English, abstract: We view workers as trying to find the best possible job and assume that most firms are trying to make money. Workers and firms, therefore, enter the labour market with different objectives- workers are often trying to sell their labour at the highest price, whereas firms are often trying to buy labour at the lowest cost. But this relationship between workers and firms involves much more than the exchange of a worker’s labour service for the payment of an hourly or monthly wage. Labour standards that guarantee appropriate working conditions and various forms of insurances1 which protect workers are also provided as part of the employment relationship in most countries.2 As a result of this, the employment relationship, which is one of the most fundamental relationships in our lives, attracts a good deal of legislative attention. Wages and other terms of employment are not determined solely through market dealings between workers and employers. The types of economic exchanges that can occur between workers and firms are often limited by the set of basic rules that the government has enacted to regulate transactions in the labour market. Therefore, three leading actors are in the labour market: workers, represented by labour unions, firms and the government. Labour standards, which can be defined as “norms and rules that govern working conditions and industrial relations”3, should cover most workers and workplaces, and represent the minimum labour rights to which employees are entitled—a ground floor below which employers cannot go. They include issues such as the minimum wage, maximum hours of work, overtime pay, maternity leave, statutory holidays—in essence, an array of labour laws that allow workers to better balance work and family, protect their personal time, and earn a decent living under reasonable conditions. In recognition of the fact that the relationship between a worker and an employer is not always an equal one, labour standards represent a collective agreement society negotiates on behalf of all workers.4 [...] 1 These insurances include, for example, unemployment, health care, and retirement income insurances (pensions). 2 According to Ronald G. Ehrenberg (1994), p. 5 3 According to the OECD (1996b), p. 25 4 “It is easier for an employer to replace recalcitrant workers than for employees to “replace” a recalcitrant employer, especially when unemployment is high” (Stiglitz, 2001).
Master's Thesis from the year 2011 in the subject Law - Civil / Private / Trade / Anti Trust Law / Business Law, King s College London (School of Law), course: International Labour Law, language: English, abstract: The phenomenon of globalisation has triggered various trends and changes world-wide, affecting almost every part of life. One of the most heavily influenced realms has been labour and its legal framework. Globalisation has transformed the nature of work as well as the organisation and way in which work is performed nowadays. Due to the technical progress, Multinational Corporations have been equipped with an immense ability to relocate their business wherever and whenever they want to any part of the world, powerful enough to dictate their demands to national governments. National governments have, simultaneously, been weakened and especially developing countries are competing with each other in order to attract MNCs, often by adopting and maintaining low labour standards with the result of a feared "race to the bottom". Additionally, the International Labour Organisation, historically the main standard-setting institution, has experienced enormous problems in the implementation process and has therefore undergone a paradigm shift. Moreover, other actors have entered the arena of "standard-setting" such as NGOs etc. This essay tries to analyse the challenges of globalisation posed to international labour standards, especially experienced by the ILO. It then continues by examining the various private measures, which have been used so far, covering both public and private measures, and reaching from e.g. codes of conducts to international framework agreements. It is argued that public and private implementation have become increasingly interdependent, and that developing and fostering this interdependency will be crucial for the prospective success and effectiveness of international labour standards in an ongoing globalising world.
This book provides a brief but thorough introduction to the formulation, adoption and application of internationally agreed standards of good practice in labour matters - international labour Conventions and Recommendations - and has been updated to cover developments up to mid-1997. The manual is intended for trade unionists, students and the general reader interested in labour matters, social issues and human rights. It is designed for use on workers' education courses as well as for individual study.
No one will deny that labour standards comprise a necessary framework for balanced economic and social development. Yet on a global level such balanced development has not occurred, despite the existence of a rigorous body of international labour law that has been active and growing for almost one hundred years. The implementation of this law devolves upon states; yet many states have failed to honour it. If we are to take serious steps toward a remedy for this situation, there is no better place to start than a thorough, well-researched survey and analysis of existing international labour law - its sources, its content, its historical development, and an informed consideration of the barriers to its full effectiveness. This book is exactly such a resource. It provides in-depth interpretation of the crucial International Labour Organisation (ILO) instruments - Constitution, conventions, declarations, resolutions, and recommendations - as well as such other sources of law as the OECD Guidelines for Multinational Enterprises and various model and actual corporate codes of conduct. Among the substantive areas of labour law covered in this book are the following: the relationship between international labour law and economic competition standards on industrial relations collective bargaining and dispute settlement procedures protection of trade unions prohibitions on enforced and child labour promotion of equal opportunity and treatment time and rest provisions wage determination and protection occupational health and safety provisions special issues on non-standard forms of employment foreign and migrant workers social security provisions privacy protection precarious work The presentation demonstrates that these rules and standards offer invaluable benchmarks to governments, judiciaries, employers, and trade unions. The book’s combination of detailed commentary and an overarching social policy will make it especially valuable to legislators, human resources managers, employers’ organizations, trade unions, jurists, and academics concerned with the role of work in our globalized social system. This seventh edition of the book by Jean-Michel Servais analyses the potential of those standards in a globalized world, and the necessary evolution. It examines the actual implementation of those rules in the national context, comparing different experiences. It integrates the latest instruments. It examines the most recent public debates on labour regulation (dealing with health and security at work, personal data, minimum wages, social security, strikes, etc.), updates the bibliography and opens some perspectives for the future work of the global institutions.
The International Labour Organization was created in 1919, as part of the Treaty of Versailles that ended the First World War, to reflect the belief that universal and lasting peace can be accomplished only if it is based on social justice. As the oldest organisation in the UN system, approaching its 100th anniversary in 2019, the ILO faces unprecedented strains and challenges. Since before the financial crisis, the global economy has tested the limits of a regulatory regime which was conceived in 1919. The organisation's founders only entrusted it with balancing social progress with the constraints of an interconnected open economy, but gambled almost entirely on tools of persuasion to ensure that this would happen. Whether that gamble is still capable of paying-off is the subject of this book, by a former ILO insider with an unrivalled knowledge of its work. The book forms part of a broader inquiry into the relevance of founding institutional principles to today's context, and strives to show that the bet made on persuasion may yet pay off. In part, the text argues that there may be little alternative anyway, showing that the pathways to more binding solutions are fraught with difficulty. It also shows the ILO's considerable future potential for promoting effective, universal regulations by extending its tools of persuasion in as yet insufficiently explored directions. Starting with an examination of how the organisation's institutional context differs from 93 years ago, the author goes on to evaluate the prospects of numerous proposals put forward today, including the trade/labour linkage, but going beyond this. As a case study in how strategic choices can be made under legal, social and institutional constraints, the book should be valuable not only to those with an interest in the ILO, but to anyone who studies international organisation, labour law, law and society or political economy.
This comprehensive Handbook explores the complex and volatile debate over globalisation and labour standards. It offers key insights into the impact of globalisation on workers, the obligations of corporations and international legal bodies in protecting workers’ rights and maximising the opportunities offered by international trade and investment.
The volume seeks to make the international labour standards understandable to practising managers by explaining the meaning and aim of international labour Conventions and Recommendations in a number of fields. It covers standards on the recognition of trade unions and other workers' representatives, and on dealing with them through collective bargaining and various forms of consultative and participatory machinery. Attention is also given to the standards which touch on the personnel function and on human resources management, such as recruitment and selection, training, grievance procedures.
Since the introduction of structural adjustment policies in the 1980s, the ILO has expressed concern that their implementation should be consistent with basic ILO standards, particularly certain core human rights conventions.