36. In June 1998, during the 86th Session of the International Labour Conference, a second discussion was held on the item entitled “Contract labour”, with a view to the adoption of international labour standards on the subject. However, due to a lack of consensus in the Committee which examined the subject, the Committee decided to propose that the item should be the subject of further reflection and discussion at a future session of the Conference. A resolution to this effect was adopted by the Conference. [1]
37. The Conference resolution noted that the technical Committee had begun to identify situations where workers require protection and had made progress on these issues. Similarly, by means of the resolution, it invited the Governing Body to adopt two measures:
l. To place these issues on the agenda of a future session of the International Labour Conference with a view to the possible adoption of a Convention supplemented by a Recommendation, within a process to be completed no later than four years from 1998, i.e. in 2002.
2. To instruct the Director-General to hold meetings of experts to examine at least the following issues arising out of the deliberations of this Committee:
(i) which workers, in the situations that have begun to be identified by the Committee, are in need of protection;
(ii) appropriate ways in which such workers can be protected, and the possibility of dealing separately with the various situations;
(iii) how such workers would be defined, bearing in mind the different legal systems that exist and language differences.
38. The Director-General was also requested to take other measures with a view to completing the work begun by the Committee on Contract Labour.
39. Following the Conference request for meetings of experts to be held to examine the issues arising out of the deliberations of the Committee on Contract Labour, the Governing Body instructed that preparatory work should be undertaken, with the participation of external collaborators. This work would include a series of studies of specific situations identified by the Committee covering countries with different legal systems and languages, and the organization of various informal meetings in different regions to examine the results of the studies. [2]
40. In June 1999 the Governing Body adopted the agenda and composition of a Meeting of Experts on Workers in Situations Needing Protection, to be held in May 2000. [3] In November 1999, it was established that the Meeting would take place between 15 and 19 May 2000. [4]
41. The agenda of the Meeting is as follows:
l. To examine the following issues arising out of the work of the Committee on Contract Labour at the International Labour Conference in June 1998:
(a) which workers, in the situations that began to be identified in the Committee, are in need of protection;
(b) appropriate ways in which such workers can be protected, and the possibility of dealing separately with the various situations;
(c) how such workers would be defined, bearing in mind the different legal systems that exist and language differences.
2. To advise the ILO on its future action to protect such workers, including the possible adoption of a Convention supplemented by a Recommendation if such adoption is, according to the normal procedures, considered necessary by the International Labour Conference.
3. To advise the ILO on other measures to be taken with a view to completing the work commenced by the Conference Committee on Contract Labour.
42. The Meeting would be attended by 12 experts nominated after consultations with Governments, 12 after consultations with the Employers’ group, and 12 after consultations with the Workers’ group of the Governing Body.
43. In order to obtain the government nominations, in accordance with the instructions of the Governing Body, the Director-General consulted the Governments of Argentina, Cameroon, Canada, Chile, France, Germany, India, Japan, Netherlands, Philippines, South Africa and Sweden.
44. This report, which is intended to serve as a basis for the work of the experts, is divided into four chapters dealing with the following subjects:
l. A review of the background to the Meeting, concerning the work of the International Labour Conference and the programme of studies carried out by the Office.
2. A general outline of workers’ protection.
3. An analysis of the problems concerning the scope of the employment relationship.
4. Elements for possible international standard-setting action.
45. The appendix also contains points for discussion. [5]
46. In accordance with its agenda, the Meeting is called upon to analyse the proposed points and to draw up conclusions and recommendations to advise the ILO with a view to giving effect to the Conference resolution regarding a further discussion of a standard-setting nature.
47. It would be very useful if the Meeting could express an opinion, inter alia, on the title under which the item could be placed on the agenda of a future session of the Conference.
* References to studies of national situations will indicate the name of the country, followed by the relevant page or annex in brackets.
[1] See Appendix I.
[2] See Governing Body document GB.272/PFA/1, 272nd Session, June 1998.
[3] See Governing Body document GB.275/9, 275th Session, June 1999.
[4] See Governing Body document GB.276/18, 276th Session, November 1999.
[5] See Appendix II.
