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Introduction to
International Labour Organisation (ILO) Standards
Forms of Standards
The ILO's labour standards are agreed to at the annual International Labour
Conference, following a tripartite consultation process. They take the following
forms:
Conventions
Conventions are international treaties. Following agreement at the
International Labour Conference, they are open for ratification by ILO member
States under article 19 of the ILO Constitution. Ratification is a formal
process required to create a legal obligation under international law. Once the
Convention is ratified, the State in question must " take such action as
may be necessary to make effective the provisions of such Convention". This
may require new laws and regulations or a modification of the State’s existing
legislation and practice. Under article 22, ratification also creates an
obligation on the State to provide reports on the application of the Convention
to the International Labour Office. Depending on the Constitution of the country
in question, ratification of an ILO Convention may also create obligations and
rights under the State’s domestic law.
Recommendations
Recommendations are referred to in article 19(6) of the ILO Constitution.
They are non-binding instruments often, but not limited to, expanding and
providing further details and guidelines on ILO Conventions. Member States are
under an obligation to consider giving effect to Recommendations by national
legislation or other action, and to bring them to the attention of the relevant
competent authority in that country to consider action on the Recommendation.
States must also report back on the action taken by their competent authorities
and provide reports on the application of the Recommendation as requested by the
governing body of the ILO.
Codes of Conduct and
Resolutions
The annual International Labour Conference, as well as other ILO bodies, may
agree to documents less formal than Conventions and Recommendations. They are
often intended to have an influence on international labour law and national
laws but are not usually referred to as "labour standards". These
include:
- Codes of Conduct
- Resolutions
These may be made by the International Labour Conference, technical
committees of experts, special conferences, bodies set up to cover specific
sectors (industrial committees, Joint Maritime Commission, etc.) and regional
conferences and technical meetings. In general, resolutions and conclusions
respond to specific situations and may be very technical in nature. Examples of
resolutions which affect women are:
- 1991 - ILO Action for Women Workers
The International Labour Conference, at its 78th Session held in Geneva in June 1991, adopted a Resolution which reaffirms the ongoing concern that the ILO has had for women workers since its inception.
It recalled the Resolution on Equal Opportunities and Equal Treatment for Men and Women in Employment, adopted in 1985, and stressed that a concerted effort between governments, employers' and workers' organizations was still needed to implement the principle of equality. These include: - governments and employers' and workers' organizations should adopt comprehensive strategies to eliminate the continuing barriers to the equal participation of women in employment, including the desegregation of the labour market, the proper recognition and fair valuation of all work, including work which has traditionally been done predominantly by women, and the adoption of measures to help women and men to reconcile work with family responsibilities.
- more women should be included in delegations to the International Labour Conference as well as to other major ILO meetings.
- governments should take adequate measures with a view to making the implementation of legislation on equality of opportunity and treatment more effective. This includes the ratification of the relevant Conventions that have a bearing on women's work.
- policies should be adopted for the creation of full, productive and freely chosen employment and for the provision of all possible assistance to improve conditions in the informal sector for both women and men so as to encourage the formalization of activities.
- employers' and workers' representatives and organizations should take all appropriate action, including through negotiations, in order to promote equal opportunities and the removal of discrimination in recruitment, promotion and training. Job evaluation schemes should be reviewed to ensure that criteria for job classification and evaluation are free from sex bias and respect the principle of equal remuneration for work of equal value.
- appropriate arrangements should be made, according to national practice, for the inclusion of part-time workers in collective agreements which might include pro rata benefits as well as bonus payments, overtime and other payments to women workers on an equal basis. Adequate measures should be adopted with respect to maternity leave, parental leave, career breaks and child-care facilities.
- 1985 - Equal Opportunities and Equal Treatment for Men and Women in Employment.
The objectives and policy measures set out in the Forward-looking Strategies matched many of the ILO's programmes and were reflected in the 1985 Resolution on Equal Opportunities and Equal Treatment for Men and Women in Employment.
The Resolution summarized the ILO's policy and measures in favour of women workers during the preceding ten years. It reaffirmed the validity of the 1975 Declaration and Plan of Action, stressing the need to intensify measures in accordance with United Nations resolutions to establish a new international economic and social order with a view to ensuring better conditions of employment, work and life for women, especially in developing countries, in order for them to participate in all aspects of the development process.
The Resolution therefore outlined a comprehensive set of measures for national as well as ILO action to be undertaken in various areas which included: - equal access to employment and training;
- promotion of the full implementation of the principle of equal remuneration for work of equal value;
- improvement of working conditions, with particular attention to those sectors and occupations employing large numbers of women, and to part-time, temporary, seasonal, casual, home-based, contractual and domestic workers, as well as those working in export-processing and free-trade zones;
- provision of adequate maternity protection and benefits and their gradual extension to women in all sectors of activity and enterprises of all sizes;
- harmonization of family and job responsibilities;
- equal treatment in social security coverage, and its extension to all categories of workers;
- ensuring the full participation of women in decision-making processes at all levels;
- establishing and strengthening national machinery to promote equality of opportunity and treatment effectively; and
- improving the data base to reflect more fully the contribution of women to reproductive activities and other aspects of their employment.
The Resolution identified specific measures for the elimination of occupational segregation in the labour market, and also stressed that particular attention should be given to the situation of rural women and to the difficulties faced by women wishing to re-enter the work force after periods of absence, and by those belonging to disadvantaged groups such as migrants, refugees, the disabled, minority groups, single parent families and the long-term unemployed.
Declarations
The most important and well know declarations are:
Protocols
A Protocol is a separate treaty that amends another ILO convention. Two
Protocols effectively introduce greater flexibility into two Conventions, both
of which affect women:
- Protocol of 1990 to Convention No. 89: Night Work (Women) Revised, 1948.
- Protocol of 1982 to Convention No. 110: Plantations, 1958.
Protocols are open to separate ratification by a member State and do not have
the same effect as a revision. Protocols are best seen as an optional partial
revision of a Convention. Unlike a revision, explained in more detail in the
next Section, a Protocol should be regarded as supplementing a Convention rather
than replacing it (Note: Some Conventions allow amendments to be made under the
terms of those Conventions themselves without an act or decision of the
International Labour Conference.).
Revisions of the ILO Standards
A formal revision of an ILO Convention usually involves the adoption of a new
self-contained Convention replacing a previous Convention dealing with the same
subject matter (Note: Some Conventions allow amendments to be made under the
terms of those Conventions themselves without an act or decision of the
International Labour Conference.).
A Convention that revises and replaces an earlier Convention will usually
expressly state in its title, preamble or operative provisions that it is
intended to revise the earlier Convention. A number of the Conventions relevant
to women workers have revised earlier conventions. These Conventions, if they
were agreed after Convention No. 26, contain a Final Article specifying that
unless the new revising Convention provides otherwise, the ratification and
coming into force of a later revising Convention has following effect:
- ratification by a Member of the revising Convention will involve
the automatic denunciation by it of the earlier Convention from the date on
which the revising Convention comes into force;
- from the date when the new revising Convention comes into force,
the earlier Convention will be closed to further ratification;
- the earlier Convention, once it has come into force, will remain
in force as it stands for Members which have ratified it but not the later
revising Convention.
ILO Standards and Equal Employment Opportunity
The ILO standards referred to in the ILO Conventions and Recommendations
Section of this database may be categorised into three broad categories:
- Equality and Non-discrimination
- Protective Provisions
- Conventions concerning Employment Dominated by Women
Equality and Non-discrimination
These standards require and seek to promote equality of opportunity and
treatment in access to training, employment, promotions, decision-making, equal
remuneration and other conditions of employment as well as social security and
welfare services provided in connection with employment.
The most important of these are the:
- ILO Equal Remuneration Convention, 1951 (No. 100).
- ILO Discrimination (Employment and Occupation) Convention, 1958 (No.111).
Note that many of the other Conventions referred to in this database also
contain provisions relevant to gender equality, such as provisions prohibiting
discrimination.
Protection
Many Standards seek to protect women workers especially in relation to work
which may cause risks for maternity. These Conventions may require special
conditions or protection for women engaged in certain types of work that may
involve exposure to particular substances or other risks in the workplace.
Others require the provision of social security protection for women who are
pregnant or involved in child-bearing.
Examples of Conventions that fall within this category, and explanatory notes
about their legislative history (where necessary) are set out below:
- White Lead (Painting) Convention, 1921 (No. 13)
- Underground Work (Women) Convention, 1935 (No. 45)
- Plantations Convention, 1958; and Protocol, 1982 (No. 110)
- Maximum Weight Convention, 1967 (No. 127)
- Benzene Convention, 1971 (No. 136)
- Chemicals Convention, 1990 (No. 170)
- Maternity Protection Convention, 1919 (No. 3)
Maternity Protection Convention, 1919 (No. 3)
Convention No. 3 does not contain any provisions on the effect of later
revising Conventions. Therefore, while Convention No. 3 has been revised by Maternity
Protection Convention (Revised), 1952 (No. 103), it still remains open to
ratification. Furthermore, it will still remain in force and open to
ratification when Maternity Protection Convention, 2000 (No.183) comes
into force. Since denunciation is not automatic, some States have denounced
Convention No. 3 prior to ratifying Convention 103. However many States have
ratified both Convention No. 3 and No. 103. This is not an inconsistent
approach, as Convention No. 103 retains the same principle elements as
Convention No. 3 (the right to maternity leave, medical care and cash
benefits), but makes the details of the benefits more explicit (e.g.: 12 week
minimum leave period, minium cash benefits of two-thirds of previous
earnings.).
Maternity Protection Convention (Revised), 1952 (No. 103)
This Convention is supplemented by Recommendation No. 95. It is revised by Maternity
Protection Convention, 2000 (No. 183). This means that once Convention No.
183 is in force and ratified by a member State, then that State will be taken
to have denounced Convention No. 103 (see article 16 of Convention No. 103) .
Convention 103 will not be open to be ratified by any additional States after
Convention No. 183 comes into force. However, Convention No. 103 will remain
in force and binding on those States that have ratified it until they ratify
Convention No. 183.
Maternity Protection Convention, 2000 (No.183)
As at December 2000, this Convention is not yet is force, but it will come
into force 12 months after it has been ratified by two member states. It
revises the Maternity Protection Convention (Revised), 1952 (No. 103),
which will cease to be open for further ratifications once Convention No. 183
comes into force.
Night Work Convention, 1991 (No. 4)
Convention No. 4 does not contain any provisions on the effect of later
revising Conventions. Therefore, while Convention No. 4 has been revised by
the Night Work (Women) (Revised) Convention, 1934 (No. 41) and the Night
Work (Women) (Revised) Convention, 1948 (No. 89), it still remains open to
ratification and a number of States have ratified both Convention No. 4 and
one or other of the later Conventions.
Night Work (Women) (Revised) Convention, 1934 (No. 41)
This Convention was revised in 1948 by the Night Work (Women) (Revised)
Convention, 1948 (No. 89). Following the coming into force of Convention
No. 89, Convention No. 41 is no longer open to ratification, but remains in
force for those states that have ratified it, but have not ratified Convention
89. A State which ratifies Convention No. 89 is automatically taken to have
denounced Convention No. 41.
Night Work (Women) (Revised) Convention, 1948 (No. 89)
In addition to revising Convention No. 41, this Convention has been
supplemented by the 1990 Protocol to the Convention which permits variations
in the duration of the night period and exemptions from the prohibition on
night work.
Night Work Convention, 1990 (No. 171)
This Convention applies to night work without regard to the gender of the
worker. The Convention is supplemented by Recommendation No. 178.
It should be noted that protective measures can sometimes be seen as a
hindrance rather than helping women. In earlier years, the emphasis was on
protecting workers from arduous conditions, but more recently it has been
argued that protective measures can have a negative impact by denying women
entry into certain jobs and contributing to a gender-segregated labour market.
In the case of maternity protection, it can be argued that it is necessary to
protect the reproductive role of women. However it can also be argued that
maternity benefits increase the cost of employing women and therefore
discourage their employment. This is why the more recent Conventions on
maternity protection place an emphasis on the payment of maternity benefits
from social security funds and restrict the circumstances in which an employer
can be held individually liable to pay them (Convention No. 103, article 4;
Convention 183, article 6).
Other protective measures, such as those covering night and underground
work (Conventions 4, 41, 45 and 89) limit the employment of women in certain
types of work and have come under increasing scrutiny, as in many countries,
modern economic conditions and the availability of safety measures to
eliminate relevant risks, make such protective provisions obsolete. However,
in many developing countries these Conventions will continue to have relevance
due to the costs of implementing satisfactory occupational health and safety
measures and infrastructure and the current state of the working environment
in the country.
Employment Dominated by Women
Two conventions have been included in this database as they apply to sectors
of employment that, in many countries, are dominated by women:
- ILO Part-Time Work Convention, 1994 (No. 175)
- ILO Home Work Convention, 1996 (No. 177)
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