In general, the term "labour standard" refers to the rules that govern working conditions and industrial relations.
International Labour Organization (ILO) conventions, numbering over one hundred and eighty, constitute the most comprehensive set of international labour standards. Their range and detail, combined with low levels of ratification of some of them by member governments, were recognized as a problem by the early 1990s. The international community saw the need to identify a
core set of
labour standards which would establish a floor for decent and fair treatment of workers. These are known as
Core Labour Standards (CLS), and are defined with reference to a small number of key ILO conventions. They are binding on all ILO member states, whether or not they have ratified the related ILO conventions.
The
core labour standards are:
- Freedom of association and the right to collective bargaining;
- Elimination of forced or compulsory labour;
- Effective abolition of child labour;
- Elimination of discrimination in respect of employment and occupation.
(adapted from the Department of International Development,
Labour Standards and Poverty Reduction," September 2003, visited 2009-06-10)
These rights are a precondition for all others in that they provide for the implements needed to strive for the improvement of individual and collective conditions of work. They are now recognized internationally as basic human rights.
They are cited specifically in the ILO's 1998
Declaration on Fundamental Principles and Rights at Work but are also articulated in the
Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights,
the International Covenant on Economic, Social and Cultural Rights, and a number of other human rights conventions.
(adapted from Summers, C., "The Battle in Seattle: Free Trade, Labor Rights, and Societal Values,"
University of Pennsylvania Journal of International Economic Law, 22, Spring 2001, pp. 61-91)
The term "
core labour standards" can thus also refer to internationally recognized workers' rights as identified, for example, by US trade law. These are typically the same as those identified by the ILO.
ILO Core Conventions
Eight ILO Conventions relate directly to the four
core labour standards. They have been identified by the ILO's Governing Body as being fundamental to the rights of human beings at work, irrespective of the level of development of individual member states. They are the following:
- Forced Labour 1930 (029)
- Freedom of Association and Protection of the Right to Organize 1948 (087)
- Right to Organize and Collective Bargaining 1949 (098)
- Equal Remuneration 1951 (100)
- Abolition of Forced Labour 1957 (105)
- Discrimination (Employment and Occupation) 1958 (111)
- Minimum Age Convention 1973 (138)
- Elimination of the Worst Forms of Child Labour 1999 (182)
(adapted from Labourstart,
ILO Core Conventions, visited 2009-06-10)
Monitoring and Enforcement
"The ILO has extensive mechanisms for supervising the application of conventions, including both a routine reporting-and-review process and ad hoc procedures for handling complaints by worker or employer groups or governments regarding another member's compliance. Article 22 of the ILO Constitution requires member governments to report routinely on conventions they have ratified, while Article 19 may be invoked to request periodic reports from members explaining why they have not ratified a particular convention and describing what they are doing under their national laws to achieve the goals of the convention."
The Committee of Experts on the Application of Conventions and Recommendations (CEACR) reviews both types of reports each year and prepares its own report, noting progress as well as problems. The report is reviewed at the annual International Labour Conference.
(Elliot, K.A.,
The ILO and Enforcement of Core Labour Standards,
International Economics Policy Briefs, 6, July 2000, visited 2009-06-10)
Multinationals and Core Labour Standards
OECD Guidelines (2000) make specific reference to the 1948
Universal Declaration of Human Rights and the 1998 ILO
Declaration on Fundamental Principles and Rights at Work. The Guidelines state that multinational enterprises (MNEs) are now requested to engage in conduct that is consistent with all of the
core labour standards of the ILO. MNEs are to contribute to the effective abolition of child labour, to the elimination of all forms of forced or compulsory labour, and to the elimination of discrimination against their employees on the grounds of race, colour, sex, religion, political opinion, national extraction or social origin. Elements on freedom of association and collective bargaining are also included and ensure that the Guidelines reflect the ILO
core labour standards with regard to these matters.
(adapted from Murray, J., "A New Phase in the Regulation of Multinational Enterprises: The Role of the OECD,"
Industrial Law Journal, 30, 3, September 2001)
Advantages
"A commitment to
core labour standards can contribute to poverty reduction by promoting broad-based economic, social and political development. The appropriate implementation of labour standards can also play an important part in lifting poor people out of poverty.
[…]
The economic case for
core labour standards as a means of reducing poverty overlaps with the social case. Social and political stability, to which labour standards can contribute, increase private investment, including foreign investment. Freedom of association can enhance market effectiveness by increasing freedom of choice, equality of bargaining power and availability of information. Freedom from discrimination reduces the risks of skills and capabilities being wasted. Elimination of exploitative child labour improves economic prospects by getting more children educated."
(adapted from the Department of International Development,
Labour Standards and Poverty Reduction, September 2003, visited 2008-03-04)
Limits of the Core Standards
There are a number of other important and internationally recognized labour rights that are not protected by the "core" labour conventions, such as the right to a safe and healthful place of work, limits on the hours of work, rights to periods of rest, and protection against abusive treatment.
In addition, the ratification of a core convention does not guarantee enforcement of the standards in question. In many cases, the capacity to enforce labour laws is lacking and widespread abuses are common. Nor is membership in the ILO conditional on the ratification of core conventions. For example, both China and the United States have only ratified two of the eight core conventions.
(adapted from Heintz, J., "
Global Labor Standards: Their Impact and Implementation," University of Massachusetts, 2002, visited 2008-03-04)
Also, "practice shows that many codes of conduct do not take the ILO
Core Labour Standards into consideration. In a study of 140 codes of conduct in the OECD inventory, there was tremendous variation in the labour issues covered. […] The ILO
Core Labour Standards were specifically mentioned in only one in ten codes."
(Burkett, B. W., Craig, D. R. John, and M. Link, "Corporate Social Responsibility and Codes of Conduct: The Privatization of International Labour Law," Canadian Council on International Law Conference, 2004)
Social Clause
Currently, the ILO and the ITUC are campaigning to have the WTO include core labour standards (CLS) in international trade agreements (the social clause). These standards are based on the
Declaration on Fundamental Principles and Rights at Work (ILO, 1998).
However, some countries, those of the developing world in particular, have a different view of international labour standards. "Member governments from the developing world believe attempts to introduce this issue into the WTO represent a thinly veiled form of protectionism which is designed to undermine the comparative advantage of lower-wage developing countries. Officials from these countries say that workplace conditions will improve through economic growth and development, which would be hindered should rich countries apply trade sanctions to their exports for reasons relating to labour standards. Application of such sanctions, they say, would perpetuate poverty and delay developmental efforts including those aimed at improving conditions in the workplace."
(
World Trade Organization , visited on 2006-05-29)
