FIFTH MEETING OF THE SRM TWG (23-27 SEPTEMBER 2019) EXAMINATION OF INSTRUMENTS CONCERNING EMPLOYMENT POLICY AND PROMOTION Technical Note 1: Instrument concerning unemployment policy and services The Unemployment Convention, 1919 (No. 2) was the first international labour standard adopted on the topic of employment policy and promotion. Current status of instrument: interim, on the recommendation of the Cartier Working Party Possible action to be considered: classification of Convention No. 2 as outdated 16 August 2019 2018 ILO regulation of employment policy : Chronology of developments 1 2 3 4 5 7 C.2 & C.118 C.122 C.168 R.1 C.88 C.160 adopted adopted adopted adopted adopted adopted 6 8 9 1919 1948 1962 1964 1985 Ventejol 1988 Cartier SRM TWG 1979 & 1987 1997 2019 Examination by SRM TWG of status of C.2 instruments in C.2 classified as the initial classified as “other programme of status quo work instrument” concerning employment policy and promotion ILO regulatory approach to unemployment The Preamble to the ILO Constitution refers to the prevention of unemployment and the Declaration of Philadelphia refers to the achievement of full employment and the raising of standards of living. From its beginnings, the ILO understood this to involve complementary measures to protect the unemployed and to promote employment.1 The first session of the Conference addressed the “question of preventing or providing against unemployment”, leading to the adoption of the Unemployment Recommendation, 1919 (No. 1), which concerned unemployment insurance,2 and the Unemployment Convention, 1919 (No. 2) concerning statistics, free public employment agencies and equality of treatment for foreign workers in relation to unemployment benefit. Over time, regulation has developed along two largely distinct and complementary lines: instruments such as the Social Security (Minimum Standards) Convention, 1952 (No. 102) (Part IV) and the Employment Promotion and Protection against Unemployment Convention, 1988 (No. 168) concerning unemployment benefit;3 and instruments regulating public and private employment agencies such as the Employment Service Convention, 1948 (No. 88) and the Private Employment Agencies Convention, 1997 (No. 181).4 The regulatory approach to employment has evolved to emphasise a comprehensive and coordinated national employment policy, epitomised by the Employment Policy Convention, 1964 (No. 122). Within that context, later instruments regulate in more detail the subject matter of Convention No. 2 and Recommendation No 1. ILO developments since adoption of the instruments 1. 1919: ILC adopted Convention No. 2 In considering the “remedy for unemployment”, the 1919 session of the Conference wished to give an impetus to the development of free public employment institutions. Convention No. 2 provides for: regular communication to the ILO of information concerning unemployment (art. 1); the establishment of a national system of free public employment agencies (art. 2); and the extension to workers from other ratifying States of benefits under any existing system of unemployment insurance (art. 3). 5 Recommendation No. 1, the first ILO instrument concerning 1 ILO, Employment Promotion and Social Security, (International Labour Conference, 73rd Session, 1987, Report IV(1)), p.3. 2 There are three successive generations of ILO standards concerning unemployment benefit. See further: ILO, Follow-up to consultations regarding social security instruments (Governing Body, 272nd Session, 2001, Geneva, GB.282/LILS/WP/PRS/3), paras 7-10 and SRM TWG 2016/technical note 2.8. 3 The SRM TWG will review instruments concerning unemployment benefit at a later date yet to be determined. 4 See SRM TWG 2019/technical note 3 on instruments concerning private employment agencies. 5 As was explained at the time of the Cartier Working Party’s examination of the social security instruments, the main objective of Convention No. 2 is the establishment of systems of free public employment agencies in member States (Article 2). The Convention does not contain provisions concerning the granting of unemployment benefit, but provides only that ratifying States with systems of insurance should make arrangements with other States to ensure equality of treatment between nationals in the area of unemployment benefit (Article 3), (Follow-up to consultations regarding social security instruments 2001, GB.282/LILS/WP/PRS/3, p.63, footnote 129). Fifth meeting of the SRM TWG (23-27 September 2019) TECHNICAL NOTE 1 the need for an effective system of unemployment insurance, was withdrawn by the Conference in 2000. See: Convention No. 2; preparatory documents 1919 Conference, p.132-133. 2. 1948: ILC adopted Convention No. 88, regulating public employment services Convention No. 88 concerns the establishment and maintenance of adequate free public employment services, the subject matter of article 2 of Convention No. 2. See: Convention No. 88 3. 1962: ILC adopted Convention No. 118, regulating equality of treatment The Equality of Treatment (Social Security) Convention, 1962 (No. 118) requires equality in unemployment benefits for national and foreign workers, the subject matter of article 3 of Convention No. 2. Article 68 of Convention No. 102 includes a similar requirement, which applies in relation to unemployment benefit as set out in the optional Part IV. See: Convention No. 118; Convention No. 102 4. 1964: ILC adopted Convention No. 122, regulating national employment policy Convention No. 122 requires ratifying states to declare and pursue an active national policy designed to promote full, productive and freely chosen employment. The Conference identified Convention No. 122 as one of the four Conventions that are “most significant from the viewpoint of governance” in the 2008 Social Justice Declaration. The emphasis on achieving widespread ratification and effective implementation of these governance Conventions led to the adoption by the Governing Body of a plan of action for a promotional campaign in 2009. See: Convention No. 122; Social Justice Declaration, 2008, Section II(B)(iii); GB.306/LILS/6 5. 1985: ILC adopted Convention No. 160, regulating labour statistics The Labour Statistics Convention, 1985 (No. 160) requires statistics to be gathered on employment, unemployment and underemployment. This extends the subject matter of article 1 of Convention No. 2. See: Convention No. 160 6. 1987: Governing Body categorised Convention No. 2 as an “other instrument” The Governing Body, upon the recommendation of the Ventejol Working Party, placed Convention No. 2 in the category of “other instruments” which should neither be promoted nor 4 Fifth meeting of the SRM TWG (23-27 September 2019) TECHNICAL NOTE 1 revised in view of the large number of States that had not ratified the recent Conventions dealing with the subjects it covered. See: GB.235/12/8 (1987); GB.209/PFA/5/3 (1979), Appendix I; GB.194/PFA/12/5, (1974), pp 57-8 7. 1988: ILC adopted Convention No. 168, regulating protection against unemployment Convention No. 168 aims to consolidate the system for the protection of the unemployed and the promotion of productive employment through the provision of benefits and the implementation of appropriate measures such as employment services, vocational training and vocational guidance. Equality of treatment guarantees apply and it includes provisions on the promotion of productive employment, in addition to provisions on social security.6 See: Convention No. 168 8. 1997: Governing Body decided to maintain the status quo with regard to Convention No. 2 The Governing Body, upon the recommendation of the Cartier Working Party, placed Convention No. 2 in the category of “other instruments”, which are no longer fully up to date but which remain relevant in certain aspects. The high number of ratifications of the Convention was again noted. See: GB.268/LILS/WP/PRS/1; GB.268/LILS/5(Rev.1); GB.268/8/2; GB.283/LILS/WP/PRS/1/2 Analysis of Convention No. 2 Convention No. 2 contains three substantive provisions, the subject matter of which has been the focus of more detailed international regulation in later instruments. ANALYSIS OF SUBSTANTIVE PROVISIONS OF CONVENTION NO. 2 Objective: Ratifying States should communicate statistical and other information concerning unemployment “to the International Labour Office, at intervals as short as possible and not exceeding three months.” Comparison with later Conventions: C.160 requires ratifying States to compile Article 1 current statistics of: the economically active population; employment; where relevant, unemployment; and where possible visible underemployment (art. 7) Current relevance: Substance encapsulated in C.160, the most up-to-date Convention on labour statistics 6 Convention No. 168 and Recommendation No. 176 are included in the SRM TWG’s initial programme of work. 5 Fifth meeting of the SRM TWG (23-27 September 2019) TECHNICAL NOTE 1 Objective: Ratifying States should establish a national system of free public employment agencies, under the control of a central authority; advisory committees will include representatives of employers and workers Comparison with later Conventions: C.88 requires the maintenance of a free public Article 2(1) employment service (art. 1), under the direction of a national authority (art. 2); advisory committees will ensure the cooperation of representatives of employers and workers (see especially arts 4, 5 & 10) Current relevance: Substance encapsulated in C.88, the most up-to-date Convention