Key ILO Standards and Principles for Wage Policy Malte Luebker ILO Conditions of Work and Employment Branch (TRAVAIL) ITC Course A3-55196: Trade Union Training on Wage Policies and Collective Bargaining (SNTUC-ACTRAV-Turin Workshop) 30 July 3 August 2012, Singapore
Overview of the session Presentation on key ILO Conventions that are relevant for wage policies Exercise: Ratifications of ILO Conventions on wages in participating countries Excerpt from NORMLEX Wall chart to map ratification information Short country presentations (3-5 minutes) on trade union experiences and challenges in participating countries.
International Labour Standards Some basics about International Labour Standards (ILS): They are adopted by the International Labour Conference (tripartite). Conventions are binding for ratifying States. ILO supervisory system monitors compliance of member States which ratified the Convention. Recommendation provide guidance. NORMLEX is central ILO database on ILS, see www.ilo.org/normlex.
ILO Labour Standards and wages Many ILO Conventions have direct or indirect relevance for wages: Six Conventions have wages as their main topic, oldest from 1926 (Minimum Wage-Fixing Machinery Convention No. 26). Many other Conventions are directly relevant for wages, but deal primarily with other topics (collective bargaining or equality of treatment). Other conventions make reference to wages, e.g. the Domestic Workers Convention, 2011 (No. 189).
Wages: Relevant ILO Principles 1. Equality of treatment 2. Minimum wage fixing 3. Protection of wages 4. Labour clauses in public contracts 5. Promotion of collective bargaining 6. Labour relations in the public service
1. Equality of Treatment Equal Remuneration Convention, 1951 (No. 100): Ratifying State must promote and ensure the application of the principle of equal remuneration between men and women for a work of equal value. Encourages objective job appraisals on the basis of the work perform to give effect to the Convention.
1. Equality of Treatment Discrimination (Employment and Occupation) Convention, 1958 (No. 111): A national policy to eliminate any discrimination based on race, colour, sex, religion, political opinion, national extraction or social origin. Prohibition of discrimination covers terms and conditions of employment, including wages
2. Minimum Wage Fixing Minimum Wage-Fixing Machinery Convention, 1928 (No. 26): To create or maintain a minimum wage fixing machinery where wages are not regulated by collective bargaining or are particularly low. Binding, supervision, sanctions and remedies.
2. Minimum Wage Fixing Minimum Wage-Fixing Convention, 1970 (No. 131): Minimum wages have the force of law and be enforced through sanctions Workers and Employers organizations should be fully consulted in minimum wage fixing and, where appropriate, participate in operation of machinery. Level to take account of needs of workers and their families and economic factors (including employment and labour productivity). More on this tomorrow!
3. Protection of Wages Protection of Wages Convention, 1949 (No. 95): Full and prompt payment of wages in a manner that provides protection against abuse. In legal tender, directly to the worker, freedom to dispose of the wages. Regulation of permitted deduction.
3. Protection of Workers Claims Protection of Workers Claims (Employer s Insolvency) Convention, 1992 (No. 173): Different possibilities to protect workers claims in case of insolvency of the employer: By means of a privilege (Part II) By a guarantee institution (Part III) By a combination of both
4. Labour Clauses in Public Contracts Labour Clauses (Public Contracts) Convention, 1949 (No. 94): To ensure minimum labour standards in the execution of public contracts. Must include clauses ensuring wages are not less favourable than those established for similar work by law or collective agreement. System of inspection and sanctions, protection of wages due to the workers.
5. Promotion of Collective Bargaining Right to Organize and Collective Bargaining Convention, 1949 (No. 98): Promotion of the development and utilization of machinery for voluntary negotiation between employers, or Employers organizations, and Workers organizations. With a view to the regulation of terms and conditions of employment by means of collective agreements.
5. Promotion of Collective Bargaining Collective Bargaining Convention, 1981 (No. 154): Measures of promotion should, inter alia, aim at the establishment of agreed rules of procedure. Measures should not hamper freedom of collective bargaining.
5. Promotion of Collective Bargaining Principles of the supervisory bodies: Free choice of the parties as to the level of collective bargaining, and to the scope of negotiable issues. Restrictions of free fixing of wages by collective bargaining should remain exceptional.
6. Labour Relations in the Public Service Labour Relations (Public Service) Convention, 1978 (No. 151): Right of organized public employees to negotiate, or participate in the determination of, terms and conditions of employment. Appropriate measures to promote negotiation of terms and conditions of employment between public authorities and public employees organizations or other methods allowing their participation.
6. Labour Relations in the Public Service Principles of the supervisory bodies: Wage negotiation within an overall budgetary package is compatible with the Conventions. Provisions imposing specific percentage increase or reservation of budgetary powers preventing compliance with agreements would be contrary to the Convention.
Ratifications in participating countries ILO Conventions are only binding for member States that have ratified them. Let s get an overview of which participating countries have ratified which Convention! You have an excerpt from NORMLEX. Review which Conventions your country has ratified and put the result into the wall matrix. Discuss in how far ratification has helped trade unions in your country or the lack of ratification is an issue! Present the main issues in your country to the plenary (about 3 minutes).