How International Labour Standards are used
Models and targets for labour law
International labour standards are primarily tools for governments which, in consultation with employers and workers, are seeking to draft and implement labour law and social policy in conformity with internationally accepted standards. For many countries, this process begins with a decision to consider ratifying an ILO Convention. Countries often go through a period of examining and, if necessary, revising their legislation and policies in order to achieve compliance with the instrument they wish to ratify. International labour standards thus serve as targets for harmonizing national law and practice in a particular field; the actual ratification may come further along the path of implementing the standard. Some countries decide not to ratify a Convention but to bring their legislation into line with it anyway; such countries use ILO standards as models for drafting their law and policy. Others ratify ILO Conventions fairly quickly and then work to bring their national law and practice into line after ratification. The comments of the ILO supervisory bodies and technical assistance can guide them in this process. For such countries, ratification is the first step on the path to implementing a standard.
Sources of international law applied at the national level
In numerous countries, ratified international treaties apply automatically at the national level. Their courts are thus able to use international labour standards to decide cases on which national law is inadequate or silent, or to draw on definitions set out in the standards, such as of “forced labour” or “discrimination”. Alongside voluntary initiatives and non-statutory rules, the legal system is one of the means through which international standards are disseminated. The use of these standards by the highest courts of certain countries, as observed by the ILO for over a decade, bears witness to their increasing acceptance and use at the national level. In this way, national and international systems for the regulation of labour are a mutual source of inspiration. International labour standards there appear to be a universal point of reference for an increasing number of actors at the international level, thereby reinforcing international labour law, which is becoming an essential resource in the denunciation of inequalities in the world of work and the regulation of labour relations, conditions and disputes, as reflected in more widespread respect for the values defended by the ILO.
Guidelines for social policy
In addition to shaping law, international labour standards can provide guidance for developing national and local policies, such as employment, work and family policies. They can also be used to improve various administrative structures, such as labour administration, labour inspection, social security and employment services. Standards can also serve as a source of good industrial relations applied by labour dispute resolution bodies, and as models for collective agreements.
Other areas of influence
While ILO constituents are the main users of international labour standards, other actors have also found them to be useful tools. Indeed, new actors are using international labour standards and therefore participating in their diffusion at the international level.
The role of employers' and workers' organizations
Representative employers’ and workers’ organizations play an essential role in the international labour standards system, not only as users of the system, but also as constituents of the Organization. They participate in choosing subjects for new ILO standards and in drafting the texts, and their votes determine whether or not the International Labour Conference adopts a newly drafted standard. If a Convention is adopted, employers and workers can encourage a government to ratify it. If the Convention is ratified, governments are required to report periodically to the ILO on how they are applying it in law and practice (the same applies to Protocols). Government reports must also be submitted to the most representative employers’ and workers’ organizations, which may comment on their content. Employers’ and workers’ organizations can also supply information on the application of Conventions directly to the ILO under article 23(2) of the ILO Constitution. They can initiate representations under article 24 of the ILO Constitution. As constituents of the Organization, they also participate in the tripartite committees set up to examine representations. Moreover, an Employer or Worker delegate to the International Labour Conference can also file a complaint under article 26 of the Constitution. If a member State has ratified the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) , as 145 countries had done on 1st January 2019, it is required to hold national tripartite consultations on proposed new instruments to be discussed at the Conference, the submission of instruments to the competent authorities, reports concerning ratified Conventions, measures related to unratified Conventions and to Recommendations, and proposals regarding the denunciation of Conventions.