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Theme 3. International legal regulation of labour relations. Legal regulation of labour relations in the states of Western Europe and in the usa

Methodical recommendations for independent work

Students should learn that international legal regulation of labour it is established by international treaties (acts) system of standards relatively to the labour regulation that countries which ratified this treaties should follow in national labour legislation. If international treaty of agreement which is ratified by Ukraine established another rule than in any act of national labour legislation (excepting Constitution) should be used the rule prescribed by international treaty of agreement (article 8 of Labour Code).

It is necessary to consider the ways of influence of international norms on the national legislation: direct application of international acts after theirs ratification; including of international norms to the national laws; enforcement of provisions of international treaties by means of national legislations.

Subjects of international legal regulation of labour are UN and its special body International Labour Organisation (ILO). Also legal international regulation of labour can be executed by different association of states such as Council of Europe (CE), European Union (EU) etc.

The ILO was created in 1919. There are 174 countries are the members of ILO at present. Ukraine is the member of ILO since the 1954. The highest body of ILO is International labour conference which is annually convoked. It consists of representatives of ILO member countries. Every state represented by 4 delegates: two are government’s representatives, one – from employers and one – from employees. General international conference should be convoked at least once a year. It has right to assign tasks and directions of activities of the ILO, alteration of Constitution of ILO; admitting new countries to the ILO, adopting of international conventions and recommendations, supervising over enforcement of ratified conventions and recommendations by states-members.

Executive body of the ILO is Governing Body which consists of representatives of three parties. Governing Body is elected by the international labour conference and consists of 56 persons: 28 delegates from governments, 14 – delegates from employers and 14 – delegates from employees. Governing Body appoints Director General of International Labour Office.

International Labour Office performs a function of a secretariat, it is not the subject of international legal regulation of labour but it prepares conventions and recommendations of the ILO and supervises over its enforcement.

Thus, the main principle of the ILO activities is tripartism. According to this principle formation of almost all bodies of the ILO based on the ground of tripartite representation: representatives from government, employees’ representatives and employers’ representatives.

According to the ILO Constitution one of the main fields of its actions is rule-making in other words setting of international labour standards. ILO adopted many conventions and recommendations. Students should find out the difference between the conventions and recommendations. Convention gets the status of multilateral international agreement after its ratification at least by two ILO member countries. Since that moment this document imposes certain duties upon all countries not only those that ratified convention but also upon those states that didn’t. For certain ILO member state convention becomes legally obligatory only after its ratification by the highest body of the state government (conventions include rules and procedure of their denouncement).

In case of ratification of convention state have to adopt legal or other acts for its implementation into real life and must regularly report to the ILO about measures assumed for efficient application of ratified convention (every 2-4 years). If convention doesn’t ratified state anyway obliged to inform on demand Governing Body about condition of national legislation and practice relatively to such convention and means that will be provided to implement such convention. At this time Ukraine ratified 57 ILO conventions (among 188).

Recommendations are not international agreement and should not be ratified. They are meant for willful appliance in national legislation of ILO member state.

Besides of ILO international provisions in sphere of labour are adopted by other international organizations. Especially significant is Universal Declaration of Human Rights adopted by UN on December 10, 1948, International Covenants on human rights, approve by the United Nations General Assembly in 1966. In 1990 UN adopted International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families which pays great attention to the labour rights of migrants.

In Europe are spread such sources of international regulation of labour as acts of Council of Europe and European Union. According to its Statute the Council of Europe adopted more than 150 conventions, charters, agreements and protocols to them that involved in international legal regulation of labour. Among them is European social charter (1961, revised in 1996). Ukraine ratified this document in 1996 and in 1999 Ukraine ratified its revised version.

On June 11, 1998 by presidential edict was approved the Strategy of Ukraine’s integration into European Union that provides the necessity of adaptation of Ukrainian legislation with the legislation of European Union and its step by step harmonization (adjustment) with the European standards. By Law of Ukraine dated March 18, 2004 was approved the Nation-wide program of Ukrainian legislation adaptation to the legislation of European Union. It determines the mechanism of achievement by Ukraine compliance to some of requirements for obtaining the status of member of European Union. This mechanism includes legislation adjustment, necessary institutions establishing and other means necessary for effective law-making and law-enforcement. Adjustment of Ukrainian legislation to the legislation of European Union is the higher priority component for integration into EU process.

Basic level:

1. Compose the glossary of main legal terms to the topic relying on the list of terms below.

Main terms: international legal regulation of labur; International Labour Organisation; international agreement; ratification; ILO convention; ILO recommendation; integration; adaptation; implementation.

2. Familiarize oneself with prescribed list of literature and summarize the information, write down the abstract from this topic to your notebook.

Questions for self preparation:

  1. The concept of international legal regulation of labour and its subjects.

  2. The International Labour Organization, its structure and main directions of activities.

  3. Conventions and recommendations of The International Labour Organization.

  4. European regional standards of labour (acts of CE and European Union).

  5. Labour rights of Ukrainian citizens abroad. Labour rights of foreigners in Ukraine.

High level

1. To prepare report on one of prescribed topics and prepare to its defending.

Topics for reports:

  1. European Council as the subject of international legal regulation of labour.

  2. European social charter – source of social standards in the sphere of labour.

  3. International Labour Organization, its function and standard-setting activity.

2. Create structural and logical scheme «Sources of international legal regulation of labour».

Tests for self-check:

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