Decent Work: the International Labour Organization Agenda
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Decent Work: The International Labour Organization Agenda by Werner Sengenberger Dialogue and Cooperation 2/2001 Friedrich-Ebert-Stiftung Department for Development Policy - Dialogue on Globalization - Hiroshimastr. 17 10785 Berlin Tel.:0049-30-26936-914 Fax: 0049-30-26935-959 [email protected] www.fes.de/globalization The opinions expressed in this paper do not necessarily reflect the views of the Friedrich-Ebert- Stiftung or the organisations for which the author works. 01/04/03 17:22 Decent Work: The ILO Agenda Decent Work: The International Labour Organization Agenda1 Werner Sengenberger Decent Work: The Concept In keeping with its charter, the International objectives for the achievement of decent Labour Organization (ILO) has the mission work: of improving the work and living conditions of individuals. Since its founding 1. The Fostering of Rights at Work in 1919, the organization has made an The classic ILO task since its founding in effort to create a social framework for peace 1919 has been setting international work and stability. This takes place not least on and social standards. Since then, the the basis of the realization, documented in international code of standards has grown the founding charter, that there can be no to encompass more than 180 conventions world peace without social peace within and recommendations. When a member member states – an insight clearly as country ratifies an ILO Convention, it contemporary as the earlier ILO message commits itself to the legally binding, which stated that as long as there is poverty international obligation of observing and anywhere in the world, the prosperity of implementing this standard. It must submit wealthy nations is threatened. regular reports on this. Committees of international experts set up by the ILO With the assumption of Juan Somavia to examine the reports. The results of the the post of General Director in March 1999, application of these legal standards are then the primary goal of the organization was submitted to the annual meeting of the newly defined in the face of the current International Labour Conference for global state of affairs: ‘Fostering humane discussion. Recommendations include and productive work in conditions of guidelines for the implementation of the freedom, equity, security and dignity’.2 conventions. The objectives are universal. They are for In 1998, the International Labour all persons who work, and not just to those Conference adopted the ILO Declaration who are salaried employees. They apply on Fundamental Principles and Rights at equally to the self-employed, to home Work.3 This includes the freedom to workers, to those who work in the informal organize and the right to collective sector and to volunteer work. They apply bargaining, wage autonomy, the prohibition to all countries, regardless of their of forced labour and compulsory work, the development status. prohibition of child labour as well as the prohibition of discrimination in The ILO pursues four interrelated strategic employment and professions. The last 1. Contribution to the International Labour Organization and Friedrich Ebert Stiftung event on ‘Globalization with Social Progress: The Responsibilities of the ILO’, which took place on 30 October, 2001 in Bonn, Germany. 2. International Labour Office, ‘Menschenwürdige Arbeit’, Report of the Director General on the 87th International Labour Conference, Geneva, 1999. 3. International Labour Office, ‘Erklärung der IAO über grundlegende Prinzipien und Rechte bei der Arbeit und ihre Folgemassnahmen’ (Geneva, 1998). 39 Dialogue + Cooperation 2/2001 includes the precept of equal pay for both illness, invalidity, pregnancy, old age and men and women for equal work. Accord in cases of dismissal and unemployment. on these core work standards was already Social security is not a luxury, but a reached at the World Summit for Social requirement for cushioning risks and Development in 1995 in Copenhagen. The supporting economic adjustment processes, fundamental rights at work are part and as well as a socio-economic prerequisite for parcel of the universally recognized human the acceptance and continued existence of rights. ILO members must respect these globalization. In the ILO view, social fundamental rights at work and submit security and flexibility are not contradictory, reports thereon, even if they have not but are mutually dependent on one another. ratified the conventions themselves. With the Declaration of 1998, the ILO accepted 4. Fostering of Tripartite Agreements the demand of the world community to on Interests and Social Dialogue counter the challenge of the realities of Social dialogue in its broadest sense is globalization with a minimum social base orientated towards the peaceful on a world-wide scale. reconciliation of the varying interests of the individuals and groups participating in the 2. The Fostering of Employment work process, and the regulation and The ILO holds to the goal of full, productive settlement of work conflicts by means of and freely chosen employment that was diverse forms of information, consultation framed in Convention 122 of 1964 and and negotiation. The most significant forms reaffirmed and expanded in the are pay negotiations and tripartite Copenhagen Declaration of 1995. consultations between employees, Obligation No. 3 demands that the employers and government on a national respective national economic and social or sub-national level. All these forms of policies of the signatory nations are to be dialogue between free and independent focused primarily on the goal of full participants absolutely require the right to employment and the creation of productive, organize and the right of free wage appropriately paid work under observance determination between employers and of the fundamental rights of workers’ and employed. Social dialogue as an element of the participation of employers and an economic democracy and co- employees in employment policies. The determination is a goal unto itself and at economic integration process is to be the same time the means to formulate and designed in such a manner that all people enforce labour and social policy. It is a who want to work have the opportunity to source of stability on all levels of action, from get decent work. More work and better jobs the small business to society as a whole. are not mutually exclusive, but complement each other. The ILO sees the creation of The four partial objectives of the ILO work and appropriate payment for this work mutually reinforce each other. In this way as a leading instrument for overcoming the creation of jobs is a condition for added poverty and fostering social cohesion. income and a higher standard of living. Where there is no work, there are also no 3. Expansion and Improvement of rights at the workplace. For this reason, Social Protection in the World of Work the increase in employment and the Social protection refers to the prevention reduction of unemployment and of work-related accidents and occupational underemployment plays a central role in the disease, protection from repressive working ILO’s strategy as a whole. More conditions and from overtaxing workers employment requires an active labour through the regulation of working hours, market policy, expansionary macro- 40 breaks and holidays, as well as protection economic policy and a stabilization of the in the form of social security in case of financial markets. Furthermore, it demands Decent Work: The ILO Agenda the integration of economic and social less productive. Growth and development policy. Every form of economic policy has are impaired. These relatively plausible social consequences, whereas social policy associations, which correspond to day-to- has a decided influence on the type and day experiences, are often not taken into scope of economic growth. account, either in theory or in practice. The call for the deregulation of the labour Respect for fundamental employee rights market can be justified in specific cases, if is a prerequisite for a socially-orientated it is directed towards the substitution of labour market process. Without these basic specific legal stipulations by wage rights, workers in general cannot develop agreements or the adaptation of regulations as a counterweight, which is necessary to to newer circumstances. The demand for reduce the structural power imbalance in deregulation in general is, however, absurd, the labour market. The labour market is as there is no labour market in the world not a market like any other. This follows without regulations. There are merely from the basic principle already expressed differences in form, content and authorship by the ILO in its Declaration of of the rules. The opposite of regulation in Philadelphia in 1944: ‘Work is not a the labour market is, for the most part, not commodity’. The nature of a work contract freedom, but arbitrary use of power and a is different from a goods sales contract in one-sided, often authoritarian, imposition principle. Whereas in the latter, price and of will. It is against this that the ILO goods are balanced against one another, in regulations stand, and for a labour market a labour contract the wage is usually fixed process which is based on consensus and but not the work to be done in exchange. agreement between the participating On the contrary, the work results are individuals and groups. dependent on whether or not the remuneration as well as the proportion of The goals and policy of the ILO – the only wage and productivity are perceived as being UN organization in which representatives just, insofar as work safety, workplace of workers and employers have a seat and security, the right to participate in a voice in addition to governments – are determining the working conditions, the the result of political will, but also of research possibility to complain, opportunities to and practical experience within the acquire knowledge for new requirements, framework of development aid cooperation occupational advancement, etc., are gained world-wide over more than 80 offered, and the demands of work and years.