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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.
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 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 fifth 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.
Platform work – the matching of the supply of and demand for paid labour through an online platform – often depends on workers who operate in a “grey area” between the archetype of an employee and a self-employed worker. This important book explores the utility of the International Labour Organization’s existing standards in governing this phenomenon. It indicates that despite their relevance, many standards have little or no impact. The standards apply to the issue but they fail to connect with it. The author shows how three ILO conventions – the Home Work Convention, 1996 (No. 177), the Private Employment Agencies Convention, 1997 (No. 181), and the Domestic Workers Convention, 2011 (No. 189) – can be revitalised to have an impact on the platform work debate. In the course of the analysis he responds in depth to such questions as the following: What are digital labour platforms? What does decent work mean? Did the ILO centenary fundamentally change anything? What is the link between private employment services and platform work? How do crowdworkers relate to homeworkers and teleworkers? Are platform workers engaged in domestic work? What form could a future ILO standard on platform work take? Given that the ILO plans to start discussions on a potential future standard for platform work in 2022, this book will prove very useful in highlighting the issues and standards that such discussions should consider. Research has shown that the techniques and tools of the platform economy have spread far beyond gig work, resulting in widespread “gigification” and restructuring of workplace behaviours and relationships, jobs, and communities across the world. For this and other reasons, including the book’s detailed analysis of issues not addressed elsewhere, labour lawyers, in-house counsel, researchers, and policymakers will gain valuable insight into what decent work in the platform economy would require, thus greatly broadening the discussion on this difficult-to-regulate phenomenon.
Based on the case of the ILO, both as an actor and driver of international social policy, this collection explores the internationalization process of social rights, in a number of national and international contexts. This collection brings together a variety of new scholarship by a group of highly qualified and internationally renowned scholars.
This book explores the prospects of a global labour law system. Global labour law is understood as a still non-coherent set of norms that at different levels and with different legal effectiveness regulate legal labour relations, promote respect for fundamental social rights, and condition the behavior of the multinational enterprise, from a social justice and sustainability perspective. The book deals with both international labour law and regulatory instruments of different kinds, such as social clauses in international trade treaties or corporate codes of conduct, transnational collective bargaining, and EU directives on due diligence. This complex normative “system” is partly reconstructed and partly subjected to critique, with the aim of producing a hybrid handbook in which the elements of normative knowledge are accompanied by problematic reasoning about the forms, contents and purposes of a possible global labour law. The book will be of interest to academics, researchers and policy-makers working in the areas of Labour Law, Employment Law, International Human Rights Law and Social Justice.
In this book, leading international thinkers take up the demanding challenge to rethink our understanding of social justice at work and our means for achieving it – at a time when global forces are tearing the familiar fabric of our working lives and the laws regulating them. When fabric is torn we can see deeply into it, understand its structural weaknesses, and imagine alterations in the name of resilience and sustainability. Seizing that opportunity, the authoritative commentators examine the lessons revealed by the pandemic and other global shocks for our ideas about justice at work, and how to advance that cause in the world as we now find it. The chapters deliver critical re-assessments of our goals, explore our new challenges, and creatively re-imagine trajectories for progress on two global fronts - via international institutions and by a myriad of other transnational techniques. These forward-looking essays are in honour of Francis Maupain, whose international career and scholarly writing are inspiring models for those who, in a changing world, seize opportunities for creativity in the pursuit of global justice at work.
Including international comparative analysis alongside national case studies, this volume offers a wealth of information on the new trends which have emerged over the past decades - all of which were discussed at the recent 9th International Symposium on Working Time, Paris (2004). It looks at the increasing use of results-based employment relationships for managers and professionals, and the increasing fragmentation of time to more closely tailor staffing needs to customer requirements (e.g., short-hours, part-time work). Moreover, as operating/opening hours rapidly expand toward a 24-hour and 7-day economy, the book considers how this has resulted in a growing diversification, decentralization, and individualization of working hours, as well as an increasing tension between enterprises' business requirements and workers' needs and preferences regarding their hours. This new reality has raised some other challenging issues as well and the volume addresses those such as increasing employment insecurity and instability, time-related social inequalities, particularly in relation to gender, workers' ability to balance their paid work with their personal lives, and even the synchronization of working hours with social times, such as community activities.