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Tuesday 23 July 2013

Freedom of association

Freedom of association

The principle of freedom of association is at the core of the ILO's values: it is enshrined in the ILO Constitution (1919), the ILO Declaration of Philadelphia (1944), and the ILO Declaration on Fundamental Principles and Rights at Work (1998). It is also a right proclaimed in the Universal Declaration of Human Rights (1948). The right to organize and form employers' and workers' organizations is the prerequisite for sound collective bargaining and social dialogue. Nevertheless, there continue to be challenges in applying these principles: in some countries certain categories of workers (for example public servants, seafarers, workers in export processing zones) are denied the right of association, workers' and employers' organizations are illegally suspended or interfered with, and in some extreme cases trade unionists are arrested or killed. ILO standards, in conjunction with the work of the Committee on Freedom of Association and other supervisory mechanisms, pave the way for resolving these difficulties and ensuring that this fundamental human right is respected the world over.

Selected relevant ILO instruments

  • Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - [ratifications]
    This fundamental convention sets forth the right for workers and employers to establish and join organizations of their own choosing without previous authorization. Workers' and employers' organizations shall organize freely and not be liable to be dissolved or suspended by administrative authority, and they shall have the right to establish and join federations and confederations, which may in turn affiliate with international organizations of workers and employers.
  • Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - [ratifications]
    This fundamental convention provides that workers shall enjoy adequate protection against acts of anti-union discrimination, including requirements that a worker not join a union or relinquish trade union membership for employment, or dismissal of a worker because of union membership or participation in union activities. Workers' and employers' organizations shall enjoy adequate protection against any acts of interference by each other, in particular the establishment of workers' organizations under the domination of employers or employers' organizations, or the support of workers' organizations by financial or other means, with the object of placing such organizations under the control of employers or employers' organizations. The convention also enshrines the right to collective bargaining.
  • Workers' Representatives Convention, 1971 (No. 135) - [ratifications]
    Workers' representatives in an undertaking shall enjoy effective protection against any act prejudicial to them, including dismissal, based on their status or activities as a workers' representative or on union membership or participation in union activities, in so far as they act in conformity with existing laws or collective agreements or other jointly agreed arrangements. Facilities in the undertaking shall be afforded to workers' representatives as may be appropriate in order to enable them to carry out their functions promptly and efficiently.
  • Rural Workers' Organisations Convention, 1975 (No. 141) - [ratifications]
    All categories of rural workers, whether they are wage earners or self-employed, shall have the right to establish and, subject only to the rules of the organization concerned, to join organizations, of their own choosing without previous authorization. The principles of freedom of association shall be fully respected; rural workers' organizations shall be independent and voluntary in character and shall remain free from all interference, coercion or repression. National policy shall facilitate the establishment and growth, on a voluntary basis, of strong and independent organizations of rural workers as an effective means of ensuring the participation of these workers in economic and social development.
  • Labour Relations (Public Service) Convention, 1978 (No. 151) - [ratifications]
    Public employees as defined by the convention shall enjoy adequate protection against acts of anti-union discrimination in respect of their employment, and their organizations shall enjoy complete independence from public authorities as well as adequate protection against any acts of interference by a public authority in their establishment, functioning or administration.
  • Further relevant instruments

Further information

 http://www.ilo.org/global/standards/subjects-covered-by-international-labour-standards/freedom-of-association/lang--en/index.htm

Education & Reference

Migrant workers

Migrant workers

The growing pace of economic globalization has created more migrant workers than ever before. Unemployment and increasing poverty have prompted many workers in developing countries to seek work elsewhere, while developed countries have increased their demand for labour, especially unskilled labour. As a result, millions of workers and their families travel to countries other than their own to find work. At present there are approximately 175 million migrants around the world, roughly half of them workers (of these, around 15% are estimated to have an irregular status). Women make up almost half of migrants. Migrant workers contribute to the economies of their host countries, and the remittances they send home help to boost the economies of their countries of origin. Yet at the same time migrant workers often enjoy little social protection and are vulnerable to exploitation and human trafficking. Skilled migrant workers are less vulnerable to exploitation, but their departure has deprived some developing countries of valuable labour needed for their own economies. ILO standards on migration provide tools for both migrant sending and receiving countries to manage migration flows and ensure adequate protection for this vulnerable category of workers. (Note 1)
Because of the importance of well-managed migration, the 2004 International Labour Conference called for the implementation of an action plan for migrant workers, which includes a non-binding multilateral framework for migrant workers in the global economy, the wider application of relevant standards, capacity building, and a global knowledge base on the issue.

Selected relevant ILO instruments

  • Migration for Employment Convention (Revised), 1949 (No. 97) - [ratifications]
    Requires ratifying states to facilitate international migration for employment by establishing and maintaining a free assistance and information service for migrant workers and taking measures against misleading propaganda relating to emigration and immigration. Includes provisions on appropriate medical services for migrant workers and the transfer of earnings and savings. States have to apply treatment no less favourable that that which applies to their own nationals in respect to a number of matters, including conditions of employment, freedom of association and social security.
  • Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143) - [ratifications]
    Provides for measures to combat clandestine and illegal migration while at the same time setting forth the general obligation to respect the basic human rights of all migrant workers. It also extends the scope of equality between legally resident migrant workers and national workers beyond the provisions of the 1949 Convention to ensure equality of opportunity and treatment in respect of employment and occupation, social security, trade union and cultural rights, and individual and collective freedoms for persons who as migrant workers or as members of their families are lawfully within a ratifying state's territory. Calls upon ratifying states to facilitate the reunification of families of migrant workers legally residing in their territory.
  • Further relevant instruments

Further information

  • Towards a fair deal for migrant workers in the global economy
    (Report VI, International Labour Conference, 92nd Session, 2004) - [pdf]
  • General Survey on Migrant Workers (1999) - [pdf]
  • ILO International Migration Programme (MIGRANT
 http://www.ilo.org/global/standards/subjects-covered-by-international-labour-standards/migrant-workers/lang--en/index.htm

Education & Reference

Decent Work Country Profile - Indonesia

Decent Work Country Profile - Indonesia

The Indonesian government has made employment generation one of its main policy objectives for its National Midterm Development Plan, 2010-2014. However, recent progress in this area has been mixed. The political landscape has been marked by democratic transition and an ambitious programme of decentralization. The economy has faced several major crises together with the structural transition from agriculture to services. The great economic, social and political transformations of the past 15 years have had significant impacts on the labour market. Fundamental changes began in 1998 with a labour law reform programme and the key Manpower Act of 2003, which provides overarching legislative support for labour relations and further laws concerning trade unions and the settlements of disputes. The Decent Work Country Profile for Indonesia aims at critically assessing progress towards the achievement of decent work in Indonesia and at further informing social dialogue at the national level.

Download: English: ‎pdf 0.8 MB‎
Bahasa Indonesia:  ‎pdf 0.9 MB‎ 

 

Education & Reference

Asia and Pacific: Challenges and opportunities for Unions

At the 102nd Session of the International Labour Conference, Noriyuki Suzuki, General Secretary of the International Trade Union Confederation for Asia and Pacific (ITUC-AP), replies to ACTRAV Info. In this interview, Mr. Suzuki gave his views on Employment and social protection in the new demographic context in the Asia and Pacific, Occupational Safety and Health issue and workers ‘priorities in this region.




One of the issues discussed during the 102nd Session of the International Labour Conference is Employment and social protection in the new demographic context. What are the challenges for Asia and Pacific Region on this issue with regard to workers?

There are varieties of demographic changes in the region. However, the key issue is how to build generational solidarity and quality labour market for the youth and the older.

On the one hand, the active working force should support the old, or retired workers, on the other hand, the active working force, especially the youth, should be given gainful and decent employment. By doing so, sustainability of labour market can be ensured.If such labour market is supported by quality social security schemes as stipulated by the ILO Social Security (Minimum Standards) Convention, 1952 (No. 102) and Social Protection Floors Recommendation, 2012 (No. 202), a balanced socio-economic system can be built.

The challenge is how to finance the system. Continued economic growths with distributive and re-distributive mechanisms including fair taxation are two key challenges.

After the tragedy in the Building collapse in Bangladesh, what should be your expectations vis-à-vis the ILO to prevent workplace disasters?

We took up this tragic industrial accident during the 102nd session of the  International Labour Conference  in Geneva. The crucial point is, with functioning unions, or the employer/union partnership, that accident would not have happened. Proper inspections would have been conducted, Occupational Health and Safety matters would have been discussed, and proper representation would have been conducted on that morning when emerging cracks were about to lead the collapse of the building.

“Recognise the union” or “promote social partnership at factories and industries” – this is the only way to prevent such a disastrous industrial accident.

Finally, what are the workers’ priorities in the Asia and Pacific Region?

Because of prevailing flexible labour market policy, precarious work and informal economy are surging in our region, accordingly, income disparity is widening.

Our highest priority is “building stronger labour market institutions through organising and unity.” Higher union density and strong collective bargaining enable adequate distribution, and through institutional reforms in various labour laws, social laws, taxation system with better fiscal policy by united trade union mobilisation, re-distribution systems can be built in societies, so that all workers without distinction whatsoever, including migrant workers, can be benefitted by the fast economic growth in the region.

Education & Reference

Buruh Karawang Ancam Demo, Pengusaha Resah

INILAH.COM, Bandung - Industri di Karawang terancam lumpuh karena akan ada demo besar-besaran yang dilakukan buruh pada Rabu (24/7/2013) besok. Buruh juga mengancam akan mematikan mesin-mesin dalam jangka waktu lama jika tuntutan kenaikan THR sebesar 50% tidak dipenuhi.

Ketua Asosiasi Pengusaha Indonesia, Deddy Widjaja mengatakan, pelaku industri resah mendengar rencana demo di Karawang. Aksi tersebut dipastikan membuat pengusaha merugi dalam jumlah besar karena kegiatan usaha terhenti.

"Jelas akan sangat meresahkan pengusaha. Jika aksi tersebut jadi dilakukan maka industri Jabar akan tercoreng di mata investor," ujar Deddy kepada wartawan, Selasa (23/7/2013).

Pihaknya mendapat informasi demo buruh yang tergabung dalam Aliansi Besar Karawang tersebut akan diwarnai aksi sweeping sambil mematikan mesin-mesin pabrik. Aksi itu dilakukan sebagai dampak dari kenaikan harga BBM bersubsidi.

"Harga kebutuhan pokok naik akibat BBM naik, sehingga buruh menuntut kenaikan THR sebesar 50% dari biasanya," katanya.

Menurutnya, aksi mematikan mesin akan dilakukan dalam jangka waktu yang cukup lama, terhitung 24 Juli hingga H-1 Lebaran. Jika ada yang tetap beroperasi maka buruh akan menyatroni langsung ke pabrik.

Lebih lanjut dia menuturkan, jumlah industri di wilayah tersebut berkisar 300-400 pabrik dan sebagian besar dimiliki investor asing. Bila aksi tersebut terjadi, maka para investor bisa hengkang dan merelokasi pabriknya ke daerah atau ke negara lain.

"Aksi seperti ini sudah diluar kewajaran, dan para investor akan banyak yang kabur," bebernya.

Melihat kondisi itu, pihaknya meminta buruh juga memahami jika pengusaha pun terkena imbas kenaikan BBM bersubsidi. Pengusaha cukup kesulitan memasrakan produk akibat penurunan daya beli masyarakat.

Pihaknya telah melakukan pertemuan dengan perwakilan buruh demi mencari solusi terbaik dari permasalahan tersebut. Akan tetapi, sampai saat ini kedua belah pihak belum menghasilkan keputusan bersama.

"Buruh juga harus mengerti bahwa kami juga kena dampak kenaikan BBM namun tidak dipaparkan secara vulgar," ucapnya.

Terkait rencana aksi tersbeut, pihaknya telah berkoordinasi dengan jajaran Polda Jabar. Hal tersbeut dilakukan agar petugas kepolisian bisa melakukan pengamanan secara maksimal.

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