Implementing the international labour Conventions

• Author: International Labour Organization
• Pages: 15-34

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3. Implementing the international labour

Conventions

The guidelines on implementing the international labour Conventions are applicable

to both labour inspection and forest management.

These guidelines are divided into a series of topics, which are based on Social criteria

and indicators for sustainable forest management: A guide to ILO texts (see Annex 2). The

topics to be covered in these guidelines are:

3.1. The right to organize and bargain collectively

3.2. Prohibition of forced labour

3.3. Child labour

3.4. Equality of opportunity and treatment (non-discrimination)

3.5. Fair remuneration

3.6. Occupational safety and health

3.7. Workforce qualification and training

There is a module for each topic, which covers:

– the requirements of international labour Conventions and codes of practice;

– guidelines for the management of the forest enterprise on meeting the requirements;

– guidelines for inspectors on what to look for during inspections.

In each module, the relevant Conventions and their key points are highlighted. The

guidelines for meeting the requirements are intended as an aid to forest managers. They

offer practical suggestions of the systems and procedures an enterprise should implement

to ensure that it complies with ILO requirements. The guidelines for inspectors are drawn

up in a similar way and provide instruction on how labour inspectors can check that

enterprises meet ILO requirements.

3.1. The right to organize and bargain collectively

Introduction: ILO requirements

The Freedom of Association and Protection of the Right to Organise Convention,

1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949

(No. 98), concern the rights of workers and employers to organize themselves in workers’

or employers’ organizations and to bargain collectively. These Conventions affirm the

principle of freedom of workers’ organizations and the rights of workers and employers to

join organizations of their own choosing. Workers and employers should be able to join

associations without fear of intimidation or reprisal. Bargaining and negotiations with

workers’ organizations should be carried out in good faith with every effort made to come

to an agreement.

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The ILO Governing Body Committee on Freedom of Association, which is a

supervisory body for the application of Conventions Nos. 87 and 98, has explained its

views in more than 2,000 cases involving detailed and specific facts. Along with the

experience of the Fact-Finding and Conciliation Commission on Freedom of Association,

the ILO has identified behaviours typically used to infringe the right to freedom of

association and the right to bargain collectively. These include:

– use of civil authorities to arbitrarily arrest and detain those seeking to form or join

associations;

– non-financially based confiscation of the property of organizations advocating

freedom of association and the right to bargain collectively;

– permitting private parties, with impunity, to physically intimidate those seeking to

exercise their right to freedom of association and collective bargaining;

– limitations on membership in associations based on gender, national origin

(migrants), religion or race;

– blacklisting advocates of freedom of association and collective bargaining.

Conventions Nos. 87 and 98 are included in the ILO Declaration on Fundamental

Principles and Rights at Work. Most ILO member States have ratified these Conventions.

The basic requirements of the international labour Conventions Nos. 87 and 98 are:

– the right to establish and join organizations without previous authoriz ation;

– the right to draw up constitutions and rules and to elect representatives in full freedom, to organize th eir

administration and activities and to formulate their programmes;

– that membership of such organizations shall not prejudice the employment, or cause the d ismissal, of a

worker;

– that the public authorities shall refrain from any interference wh ich would restrict this right;

– that workers’ and employers’ organizations enjoy protection from act s of interference by each other;

– to encourage and promote the development and utilization of voluntary collective bargaining t o regulate

terms and conditions of employment.

Meeting the requirements

1. Workers, both permanent and temporary, and self-employed contractors, have the

freedom to establish and join their organizations. The employment or dismissal of a

worker should not be prejudiced by membership in a workers’ organization. Neither

should membership of a workers’ organization influence the treatment of workers, the

division of tasks, remuneration and career opportunities.

2. Forest managers should ensure that workers’ freedom to organize is respected.

Workers and self-employed contractors should be treated equally with respect to their

freedom of association.

3. Employers have the same freedom to join employers’ associations. This should

facilitate good cooperation and understanding between employers, managers and

workers.

4. A clear policy explaining the basis on which the enterprise enters into discussions

with workers’ organizations would be a useful instrument.