Elective 1: Standards and fundamental principles and rights at work.

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union strategies Elective 1: Standards and fundamental principles

1 Global Workers Academy. The transition from the informal to the formal economy: trade union strategies Elective 1: Standards and fundamental principles and rights at work. Turin, September 2016 Victor Hugo Ricco Hilda Sanchez Maura Miraglio (Normas) ACTRAV- ILO 1

Identify the obstacles to the protection of

2 Objectives of the presentation 1. Briefly revise the ILO supervisory mechanisms and their jurisprudence on the informal economy workers. 2. Identify the obstacles to the protection of IE workers and identify union strategies to overcome them. Victor Hugo Ricco ACTRAV- ILO 2

3 REGULAR SYSTEM OF SUPERVISION Based on the obligation to report on the application of each ratified Convention. SPECIAL SYSTEMS OF SUPERVISION Involve cases of specific allegation of violations against a Member State WHICH WAS THE CYCLE? CEACR CAS. CFA Art 24, 26. 3

4 Supervise the respect of ILO Member States obligations stemming from ILS In so doing, clarify the meaning and scope of ILS provisions Through their action, a body of case law has been progressively built up 4

5 1. Briefly revise the ILO supervisory mechanisms and their jurisprudence on the informal economy workers. FPRW: 4 pillars. Which ones? Regular Supervisory Machinnery: CEACR and the CAS CEACR: Composition, Role of the Experts, Observations, Direct Requests and General Surveys. Role of the TU in this mechanism. Victor Hugo Ricco ACTRAV- ILO 5

6 Consists of 20 persons With eminent qualifications in the legal field Appointed by the Governing Body upon proposal made by the Directorgeneral Appointed for renewable 3 year term Independent, impartial and objective 6

7 Algeria: 2008 Observation concerning the Minimum Age Convention, 1973 (No. 138) The Committee requested the Government to provide information on the manner in which children who are not bound by a subordinate employment relationship, such as those working on their own account or in the informal economy, benefit from the protection envisaged by the Convention. It expressed the hope that measures would be taken to adapt and strengthen the labour inspection services so as to ensure such protection. Cambodia: 2009 Observation concerning the Employment Policy Convention,1964 (No. 122) The Committee recalled that governments are required to ensure that the opinions of workers and employers organizations, as well as workers in the rural sector and the informal economy, are to be consulted with a view to taking fully into account their experiences and views. It asked the Government to provide concrete examples on the manner in which the views of employers, workers and other affected groups are sufficiently taken into account in the development, implementation and review of employment policies and programmes. 7

8 Mauritania: 2009 Direct request concerning the Minimum Age Convention, 1973 (No. 138) The Committee noted the Government s indications that, in the branches of activity excluded from the scope of application of the Convention, child labour is almost non-existent. However, the Government had the intention of extending the scope of application of the Convention to the informal economy, where there were still children who work. The Committee requested the Government to indicate the general situation as regards the employment or work of young persons and children in the branches of activity which are excluded from the scope of application of the Convention. Cambodia: 2009 Direct request concerning the Labour Administration Convention, 1978 (No. 150) The Committee noted with interest that the Ministry of Labour had been working with the ILO to monitor and improve labour conditions in the informal sector. It requested the Government to provide further details on this cooperation. Zambia: 2004 Direct request concerning the Employment Policy Convention, 1964 (No. 122) The Committee noted that the informal economy continued to grow in line with the growth of the labour force. It requested information on any consultations envisaged with representatives of the rural sector and of the informal economy on the matters covered by the Convention. 8

9 2004 General Survey on Promoting employment The Government of Bahrain, in order to reduce the number of informal sector workers and encourage their movement to the formal sector, reported on a six-month amnesty for workers who had violated employment or immigration regulations General Survey on Employment Instruments: The Government of Mali stated that it was establishing producer groups (chambres d artisans) and had reduced import duties for informal sector producers. 9

10 Governments send reports 1st June 1st September Social partners have the right to Comment on the law and practice. INTERNATIONAL LABOUR OFFICE November & December COMMITTEE OF EXPERTS ON THE APPLICATION OF CONVENTIONS AND RECOMMENDATIONS examines reports, comments and related information Direct requests sent to the government and they are disclosed only in the Website of the ILO. February March Observations published in the CEACR Report and in the ILO Website. TRIPARTITE CONFERENCE COMMITTEE ON THE APPLICATION STANDARDS examines the CEACR Report and discusses a selection of cases June INTERNATIONAL LABOUR CONFERENCE discusses and adopts the Committee s Report in plenary 10

11 Consists of well over 150 members From the three groups of delegates and advisers Charged with examination of the Committee of Experts Report and discussion of selected cases. How many cases? Who knows? How cases are being selected? Trade unions role. How can trade unions participate in the discussion? How does usually unions organise in the CAS? Are trade unions somehow involved in the conclusions? How? 11

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13 Mauritania: 2009 Case concerning the Equal Remuneration Convention, 1951 (No. 100) The Worker members stated that a large proportion of women worked in the informal sector and an appropriate policy was necessary in this field, first in order to ensure respect for equality in the informal sector and, more importantly, for the transition of women into the formal economy, which offered more protection and social guarantees for the application of labour standards. Zambia: 2008 Case concerning the Minimum Age Convention, 1973 (No. 138) The Committee noted that a number of measures were being taken by the Government to address the situation of many children under the minimum age who increasingly worked in the informal economy, often in hazardous work. The Committee invited the Government to provide comprehensive information in its report when it is next due, on the manner in which the Convention was applied in practice, including in particular enhanced statistical data on the number of children working in the informal economy, their ages, gender, sectors of activity 13

14 1. Briefly revise the ILO supervisory mechanisms and their jurisprudence on the informal economy workers. Continuation Special Supervisory Machinnery: CFA CFA: Composition, Role, and Cases (Digest of principles and decisions). Role of the TU in this mechanism. Victor Hugo Ricco ACTRAV- ILO 14

15 In case No concerning El Salvador, the Latin American Central of Workers (CLAT). Mr Jose Vicente Ramirez, president of the National Association of Vendors, Small Traders and Similar Workers (ANTRAVEPECOS), was detained and charged under the Special Anti-Terrorism Act on the grounds that the mobilization of the informal economy workers constituted a terrorist act. For its part, the Government indicated that these arrests were not related to the exercise of labour or trade union rights, but to acts categorized as criminal offences. Following the examination of this case by the Committee, the Government indicated in a communication dated 17 December 2007 that the legal proceedings against Ms Suyapa Martínez for offences of serious injury, damage and aggravated damage had been definitively dismissed by the judicial authority. 15

16 Section V of R204 emphasises the need to respect, promote and realize the fundamental principles and rights at work for those in the informal economy. The absence of the right to freedom of association and collective bargaining is a primary cause of informality in many countries. Section VII : FoA and CB 16

17 1. Has your government ratified the ILO Core and Governance conventions? 2. Do you have your country information on your informal economy workers? Which sectors are most affected? Which are the causes? 3. Has your government elaborated an integrated policy framework to put in motion a plan to transit from the IE to the FE to implement R204? 4. Do IE workers enjoy their right to FoA and CB, can they access to social protection etc? 5. IE workers do they suffer discrimination? 17

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20 Ratification campaigns? How? Advocacy? Support? Networking? Awareness raising? Work with the Media? Public opinion with regards to IE workers? Capacity building inside the trade unions? Information gaps on the country level IE? Advocacy for the implementation of R204? How about social dialogue? Seizing development opportunities? SDGs?? Reach out IE workers? Organizing? Gender aspect? Strategic use of the ILO ILS and Supervisory machinery? Exposition at the international level of the country situation? ILO support? 20

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