Provides an analysis of the labour-related provisions of the region's major integration agreements; identifies elements which are common to these agreements and examines them in the light of international labour standards.
Labour law has long been upheld by the ILO as an essential pillar of development and peace, within member States, as well as between States. This book offers valuable insight on the application of the ILO's international labour standards.
No one will deny that labour standards comprise a necessary framework for balanced economic and social development. Yet on a global level such balanced development has not occurred, despite the existence of a rigorous body of international labour law that has been active and growing for almost one hundred years. The implementation of this law devolves upon states; yet many states have failed to honour it. If we are to take serious steps toward a remedy for this situation, there is no better place to start than a thorough, well-researched survey and analysis of existing international labour law - its sources, its content, its historical development, and an informed consideration of the barriers to its full effectiveness. This book is exactly such a resource. It provides in-depth interpretation of the crucial International Labour Organisation (ILO) instruments - Constitution, conventions, declarations, resolutions, and recommendations - as well as such other sources of law as the OECD Guidelines for Multinational Enterprises and various model and actual corporate codes of conduct. Among the substantive areas of labour law covered in this book are the following: • the relationship between international labour law and economic competition • standards on industrial relations • collective bargaining and dispute settlement procedures • protection of trade unions • prohibitions on enforced and child labour • promotion of equal opportunity and treatment • time and rest provisions • wage determination and protection • occupational health and safety provisions • special issues on non-standard forms of employment • foreign and migrant workers • social security provisions • privacy protection The presentation demonstrates that these rules and standards offer invaluable benchmarks to governments, judiciaries, employers, and trade unions. The book's combination of detailed commentary and an overarching social policy will make it especially valuable to legislators, human resources managers, employers ́ organizations, trade unions, jurists, and academics concerned with the role of work in our globalized social system. This fifth edition of the book by Jean-Michel Servais analyses the potential of those standards in a globalized world, and the necessary evolution. It examines the actual implementation of those rules in the national context, comparing different experiences. It integrates the latest instruments. It examines the most recent public debates on labour regulation (dealing with health and security at work, personal data, minimum wages, social security, strikes, etc.), updates the bibliography and opens some perspectives for the future work of the global institutions.
Assessing the effectiveness of the North American Agreement on Labour Cooperation (NAALC), this book examines the operation of the core institutions (the Secretariat and National Administrative Offices) over the past seven years. It discusses the main functions of these institutions in hearing public submissions on violations of labour laws and in conducting research and cooperative activities. Based on interview research, the analysis reviews the strengths and weaknesses of the accord to assess its contribution to a common labour relations regime in North America and its impact in creating new transnational communities of actors in government and civil society in the three countries. The NAALC is also compared with the social dimension of the European Union system, and a final assessment is made as to whether the NAALC institutions live up to the promises of their founders and whether these can be a model for labour relations in any future Free Trade Area of the Americas (FTAA) agreement.
Nearly half of trade agreements concluded in the past five years included either a labor chapter or labor provision that makes reference to international labor standards and ILO instruments. The evidence so far suggests that labor provisions have been an important tool for raising awareness and improving laws and legislations with respect to workers' rights, increasing stakeholder involvement in negotiation and implementation phases, and developing domestic institutions to better monitor and enforce labor standards. But challenges remain, particularly with respect to sustainability of impacts, coherence, and cooperative efforts. This new report, part of the Studies on Growth with Equity series, gives a full examination of the scope and effectiveness of these labor provisions.
This monograph offers the first systematic overview of the protection of human rights in trade agreements in the Americas. Traditionally, trade agreements in the Americas were concerned with economic questions and paid little attention to human rights. However, in the wake of the 'new regionalism', which emerged at the end of the last century, more clauses addressing social issues such as labour rights and environmental standards were inserted in trade agreements. As economic integration increased, a framework for the protection of human rights evolved. This book argues that this framework allows for human rights protection on a transnational level, while constructing regional identities. Looking at the four key regional integration processes, namely the Caribbean Community, the Central American Integration System, the Andean Community of Nations and the Southern Common Market, and also at the North American Free Trade Agreement, it shows how the integration process has reached a considerable degree of consolidation. Writing on key sources in English for the first time, this book will be essential reading for all free trade and human rights scholars.
For more than nine decades, the International Labour Organization (ILO) has been responsible for setting up, monitoring, and implementing international labour standards in order to ensure that workers around the globe enjoy minimum social protection and workers' rights. Lars Thomann examines the ILO's wide ranging efforts to achieve compliance with international labour standards adopted by the organization and ratified by its member states. The author draws on different compliance schools of various strands of international relations theory and discusses them against the background of the ILO's compliance efforts in general and regarding the abolition of forced labour in particular. He shows that even though the ILO has experience in bringing about compliance – given its seniority – and is in many cases successful in doing so, it is not well equipped to deal with persistent cases of non-compliance. The book is valuable reading for researchers and students in the field of social sciences, as well as for practitioners working on international labour standards.
This collection examines the evolution of the philosophy and practice of human resource management (HRM) and industrial relations (IR) over the twentieth century. By combining history, contemporary practice, and future trends, these well-known experts present both scholarly and practitioner perspectives. Drawing on in-depth interviews and surveys with HRM executives at leading corporations, the contributors explore key trends and issues facing global companies in such areas as equal opportunity, compensation practices, and expatriation programs. The book also takes an in-depth look at one particular player in the story - Industrial Relations Counselors, Inc., the first non-profit research and consulting organization dedicated to improved HRM/IR practices - which was founded by John D. Rockefeller in 1926, and has played a central role in the development of key labor legislation including the Social Security Act.