SOCIAL DIALOGUE IN PORT REFORM

Transcription

1 SOCIAL DIALOGUE IN PORT REFORM By Marios Meletiou Technical Specialist (Ports and Transport) Social Dialogue, Labour Law, Labour Administration and Sectoral Activities Department, ILO World Bank Transport Forum Washington DC, 30 March, 2006

2 STRUCTURE OF PRESENTATION Part A: General information on ILO and it s commitment to social dialogue Part B: The ILO Practical Guidance Manual on Social Dialogue in the Process of Structural Adjustment and Private Sector Participation in Ports Part C: Training Opportunities offered by the ILO on Social Dialogue in Port Reform

3 Part A: General information on ILO and it s s commitment to social dialogue

4 The ILO Was Founded in 1919 Is The First UN Specialized Agency 178 Member States

5 The ILO is the UN specialized agency which seeks the promotion of social justice and internationally recognized human and labour rights

6 In 1969 The ILO Was Awarded The Nobel Prize For Peace!

7 Within the UN system, the ILO has a unique tripartite structure with workers and employers participating as equal partners with governments in the work of its governing organs.

8 Structure of the ILO International Labour Conference (Labour standards) Governing Body (Executive Council) Director General Mr. J. Somavia International Labour Office (Permanent Secretariat in Geneva with 1900 employees)

9 ILO Headquarters in Geneva

10 The old ILO offices in Geneva ( ) Presently the offices of the WTO

11 The three keys used for the inauguration of the ILO offices in 1926, which symbolize the tripartite character of the ILO

12 The ILO s DECENT WORK FOR ALL Current Agenda

13

14 The ILO formulates and promotes international labour standards in the form of Conventions and Recommendations setting minimum standards of basic labour rights. It also develops and promotes the implementation of codes of practice, guidelines, manuals and training materials and provides relevant technical assistance.

15 ILO Products Conventions (Mandatory) Recommendations Codes of Practice & Guidelines Manuals Training Materials

16 INTERNATIONAL LABOUR STANDARDS In essence, International Labour Standards are expressions of international tripartite agreements on a matter. Conventions International treaties, subject to ratification by ILO member States Create binding obligations under International Law Might require Member States to amend their national legislation Recommendations Set out guidelines which can orient national policy and action. Often complement Conventions.

17 The ILO adopted 186 Conventions!

18 Sectoral Activities Department 22 Economic sectors Agriculture, plantations, rural Basic metal production Chemical industries Commerce Construction Education Financial services; other professional services. Food, drink, tobacco Forestry, wood, pulp, paper Health services Hotels, tourism, catering Maritime (Shiping, ports, fisheries, inland waterways) Mechanical & electrical engineering Media, cultural, graphical Mining Oil & gas production; oil refining Postal & other communication services. Public service Textiles, clothing, leather, footwear Transport (air, road, rail) Transport equipment manufacture Utilities (water, gas, electricity)

19 The ILO's commitment to tripartism and social dialogue Tripartism and social dialogue are integral components of "decent and productive work, for all women and men, and constitute essential channels for achieving this "in conditions of freedom, equity, security and human dignity.

20 Tripartite cooperation refers to "all dealings between the government and workers and employers organisations concerning the formulation and implementation of economic and social policy", while social dialogue includes "all types of negotiation, consultation or simply exchange of information between, or among, representatives of governments, employers and workers, on issues of common interest relating to economic and social policy."

21 The resolution concerning tripartism and social dialogue, adopted at the 90th Session of the International Labour Conference in 2002, invited governments of member States "to ensure that the necessary preconditions exist for social dialogue, including respect for the fundamental principles and the right to freedom of association and collective bargaining, a sound industrial relations environment, and respect for the role of the social partners" in achieving employment goals and improving social protection.

22 Social dialogue in the world s ports The social partners in the port industry have, for many years, acknowledged the contribution that social dialogue can make to both efficient operations and decent work. Social dialogue in good faith is still the most effective way of preventing conflict, in so far as possible.

23 ILO Dock Work Recommendation, 1973 (No. 145) "Where it does not already exist, appropriate joint industrial machinery should be set up with a view to creating a climate of confidence and cooperation between dockworkers and employers in which social and technical change can be brought about without tension and conflict and grievances promptly settled".

24 The 1995 ILO Regional Seminar on Social and Labour Effects of Structural Adjustment in the Port Industry of Selected Asian and Pacific Countries concluded that "successful and lasting reforms are achieved when the consequences and implications of these reforms have been fully discussed and agreed with the social partners well in advance.

25 ILO support for social dialogue The ILO supports social dialogue through a range of activities, principally: Standard-setting Technical assistance/policy advice ACTRAV, ACT/EMP and other ILO departments (e.g. Social Dialogue, Labour Law, Labour Administration and Sectoral Activities Department) International Training Centre, Turin

26 Part B: The ILO Practical Guidance Manual on Social Dialogue in the Process of Structural Adjustment and Private Sector Participation in Ports

27 The Need for Institutions and Capacity for Social Dialogue Port reform is a continual process that takes place at different rates and from different starting points according to circumstances. There is, therefore, no universal standard formula for port restructuring. Consequently, in order to ensure that the issues concerning structural adjustment in ports are effectively addressed in a transparent manner, the institutions and capacity for social dialogue between the parties concerned need to be in place and might need to be strengthened.

28 Published in January 2006 in consultation with IOE & IAPH and ICFTU & ITF

29 ilo.org/public/english/dialogu e/sector/papers/maritime/ports- socdialguidelines.pdf

30 Audience This Guidance manual is intended to reach policy makers as well as those persons who plan and organize processes of social dialogue in ports around the world. It is designed to provide instruments to manage and to facilitate processes of social dialogue in the world s ports, targeting particularly those who are involved in, or are currently planning, major programmes of structural adjustment and private sector participation

31 Context Process Examples Checklists ILO Practical Guidance Manual on Social Dialogue in Ports general considerations/history agenda for social dialogue key issues representation/institutions planning-initiatingimplementing-monitoring and evaluation mobilisation of resources

32 ILO Practical Guidance Manual on Social Dialogue in Ports Context awareness and effectiveness Process phases and activities Examples depth and diversity

33 Introduction The role and benefits of social dialogue ILO s commitment to tripartism and social dialogue Different elements of social dialogue Target group of the Guidelines Structure of the Guidelines

34 PART ONE The Context of Social Dialogue in the World s Ports Section 1: The History of Social Dialogue in Ports Section 2: A New Agenda for Social Dialogue in the World s Ports Section 3: Representation of the Social Partners Section 4: Social Dialogue in Situations of Structural Change Section 5: Private Sector Participation (PSP) in Ports

35 Section 1: The History of Social Dialogue in Ports 1.1 Social dialogue and casual employment 1.2 Social dialogue and mechanization 1.3 Social dialogue and commercialization 1.4 Checklist

36 Section 2: The New Agenda for Social Dialogue in the World s Ports 2.1 The changing role of modern-day ports 2.2 Landlord ports and social dialogue 2.3 Landlords, leaseholders and labour 2.4 Social dialogue and decent work 2.5 Checklist

37 Section 3: Representation of the Social Partners 3.1 The basic enabling conditions for social dialogue 3.2 Identity, status and representation 3.3 The representation of other stakeholders 3.4 Checklist

38 Section 4: Social Dialogue in Situations of Structural Change 4.1 Structural adjustment, industrial conflict and social dialogue 4.2 Structural adjustment in a supportive industrial relations environment 4.3 Checklist

39 Section 5: Private Sector Participation (PSP) in Ports 5.1 The why and how of PSP in ports 5.2 PSP, labour reform and social dialogue 5.3 Checklist

40 PART TWO The Process of Social Dialogue Section 6: Planning for social dialogue Section 7: Initiating social dialogue Section 8: Implementing social dialogue Section 9: Monitoring and evaluating the process of social dialogue Section 10: Mobilizing the resources needed for social dialogue

41 PART TWO The Process of Social Dialogue Sections 6, 7, 8 & 9: The Phases of Social Dialogue in Ports Phases Planning Initiating Implementing Monitoring and evaluation Feedback

42 Phases and Activities of Social Dialogue Phases Planning Initiating Implementing Monitoring and evaluation Need awareness and interdependence Unilateral, bipartite or tripartite Business-centred or employee-centred participation Establishing agreed criteria Activities Internal review by social partners Consultation about consultation Hard and/or soft regulation Process and/or outcomes Joint strategic review of port(s) Forcing and fostering strategies Setting an agreed agenda Balancing flexibility and security Data collection Feedback, remedial action, and conflict resolution

43 Section 6: Planning for social dialogue 6.1 Needs awareness and interdependencies Internal review by the social partners Joint strategic review Checklist

44 Section 7: Initiating social dialogue 7.1 Unilateral, bipartite or tripartite negotiation 7.2 Consultation about consultation 7.3 Forcing and fostering strategies 7.4 Checklist

45 Section 8: Implementing social dialogue 8.1 Business-centred or employee-centred participation 8.2 Hard versus soft forms of regulation 8.3 Balancing flexibility and security 8.4 Checklist

46 Section 9: Monitoring and evaluating the process of social dialogue 9.1 Establishing agreed criteria 9.2 Data collection 9.3 Remedial action and conflict resolution 9.4 Reviewing the phases and activities of social dialogue 9.5 Checklist

47 Section 10: Mobilizing the resources needed for social dialogue 10.1 Training and development 10.2 Calculating the costs and benefits of social dialogue 10.3 Internal and external resources 10.4 Checklist

48 Checklists PART ONE general to specific PART TWO theory to practice

49 5.3 Checklist (PART ONE) What factors, and actors, have either promoted or impeded PSP in your country s ports? Have external agencies such as the World Bank been involved in PSP? If so, have they involved the social partners in any discussions on future ports policy? What are the aims of increasing PSP in your country s ports? What forms of PSP, if any, have been considered? What is the social partners' policy on PSP? Have labour reforms been implemented as a prelude to, or as a consequence of PSP? What have been the effects on employment and conditions of work?

50 8.4 Checklist (PART TWO) Who will manage and facilitate the process of social dialogue? How will private sector firms integrate social dialogue into their human resource management strategies? Will implementation be characterized by hard or soft forms of regulation? How will the firm s demand for flexibility and efficiency be reconciled with the employees need for security?

51 Part C: Training Opportunities offered by the ILO on Social Dialogue in Port Reform

52 Tripartite Workshop: Social dialogue in the process of structural adjustment and private sector participation in ports Venue: ITC/ILO - Turin, Italy Dates: July 2006

53 OBJECTIVE To strengthen the capacity of the social partners and other institutions involved in the port sector to engage in a constructive social dialogue.

54 Upon completion of this workshop, participants will be able to: Describe the content of the ILO Social dialogue in the process of structural adjustment and private sector participation: A practical guidance manual ; Provide advice to their respective organisations on the process of social dialogue; Conduct social dialogue in an effective manner in situations of structural adjustment and private sector participation in ports.

55 PARTICIPANTS PROFILE Human resource and operations managers; public or private sector port managers; Government officials (e.g. from relevant departments of transport and labour); Workers organizations representatives; Trainers who work for port training centres and consultants who provide advice to ports on structural adjustment and private sector participation.

56 /dial ogue/sector/papers/maritime/ports- socdialwkshop-jul06.pdf

57 THANK YOU VERY MUCH FOR YOUR ATTENTION!

58 Questions???