QN21 ILO
QN21 ILO
International Labor Organization which originated in the year 1919 in the city of Geneva, where
there it was initiated to give an expression to the growing concern for social reform after World
war I and the reform to be conducted at an international level. The ILO Constitution states that
the failure of any nation to adopt humane conditions of labor is an obstacle in the way of other
nations which desire to improve the conditions in their own countries. These countries among
many consist of Zimbabwe, South Africa Indonesia, Iraq, Switzerland, etc. ILO has generated
hallmarks of industrial society as the eight-hour working day, maternity protection, child-labor
laws and a range of policies which promote workplace safety and peaceful industrial relations.
Marxists argue that industrial relations are a relation of clashes of class interest between capital
and labor. With that being said ILO works to promote and realize standards and fundamental
principles of rights to work through its policies and conventions. ILO has certain conventions it
created, by conventions it is to mean developing binding obligations to implement their
provisions. The conventions consisted of Forced Labor Convention of 1930, right to organize
and collective bargain convention of 1949,freedom of association and protection of the right to
organize of 1948, Equal remuneration convention of 1951, Discrimination convention of 1958
and convention 151 freedom of association and right to organize for the public service.
The ILO has four principal strategic objectives which include to promote and realize standards
and fundamental principles and rights at work, to create greater opportunities for women and
men to secure decent employment, to enhance the coverage and effectiveness of social protection
for all and to strengthen tripartism and social dialogue. ILO’s main objectives include
Formulation of international policies and programs to promote basic human rights, improve
working and living conditions, and enhance employment opportunities, Creation of international
labor standards and training, education, research, and publishing activities to help advance all of
these efforts. According to International Labor Organization (ILO), Industrial Relations deal
with either the relationship between the state and employers and workers organizations or the
relation between the occupational organizations themselves”. The question then requires us to
evaluate the extent to which ILO has shaped industrial relations in all the ILO member states
through the its guiding principles and initiated conventions.
ILO convention No 29
To begin with, the ILO convention No. 29 (Forced Labor Convention (1930)) has shaped the IR
globally in the sense that it requires the suppression of forced or compulsory labor in all its
forms. This is supported by Ethiopia as it has eliminated the issue of forced labor and is currently
practicing fair labor ways. Article 25 of forced labor convention states that if a practice of forced
labor is detected it is a punishable offense. There are various ILO indicators of forced labor
which includes withholding of wages, abusive working conditions, excessive overtime only to
mention a few. Therefore, the ILO made Zimbabwe design a Labor Act which protects the
employee rights to fair labor practices. This is supported by Chapter 28.01 section 6a which
views that 'no employer shall pay any employee a wage lower than that specified by law and also
section 6b which says that no employer shall require an employee to work more than the
maximum hours permitted by law. This supports that the ILO has shaped the industrial relations.
Convention number 182 calls for the prohibition and elimination of the worst forms of child
labor which include forced labor, slavery and trafficking as well as work which is likely to harm
their health, safety and morals. The worst forms of child labor as identified by ILO are slavery,
child trafficking, debt bondage, serfdom, sexual exploitation, illicit activities. It forbids the use of
children under 18 in armed conflict, prostitution, pornography, illicit activities like drug
trafficking and hazardous work. R.A Mauna (2013) writes that this convention is unusual
because it focuses more on criminal than on labor matters. The ultimate purpose of this
convention is to effectively eliminate the worst forms of child labor. Th universal ratification of
Convention No. 182 demonstrates the will of all ILO member states to ensure that every child
everywhere is free from child labor and its worst forms. Highlights of the impact of ILO’s
International program on the elimination of child labor can be found around the world. Just a few
examples include Bangladesh, where the national academy of primary education introduced a
child nanocomponent as a regular feature in the training course for all officials of the education
department. In South Africa there is the National Plan of Action for the eradication of the worst
forms.
The right to fair remuneration is a central employment related right and a cornerstone of the right
to an adequate standard of living. Indeed, the International Labor Organization shaped industrial
relations globally this is shown by how countries ratify the ILO principle. Sofa (2008) found that
remuneration is a reward, or remuneration is given to workers or employees as a result of the
achievements that have been given in order to achieve organizational goals. The term equal
remuneration for men and women refers to rates of remuneration established without
discrimination based on sex. The ILO Equal Remuneration Convention 1951 (No. 100), was
ratified by South Africa in 1995, obliges ratifying member states to give effect to the principle of
equal remuneration for men and women workers for work of equal value. The principle of equal
remuneration for work of equal value applies equally to equal value claims based on race, or any
other ground listed in section 6(1) or any other arbitrary ground.
Moreover, convention 151 of ILO termed as convention concerning protection and the right to
organize and procedures for determining conditions of employment in the public service. This
convention came into existence noting the terms of freedom of association and protection of the
right to organize conventions, 1948, the right to organize and collective bargaining.
Representatives’ convention and recommendation 1971, apply to workers representatives in the
undertaking and noting the considerable expansion of public service activities in many countries
and the need for sound labor relations between public authorities and public employees’
organizations. Thus, convention was ratified by 57 countries and it is very important to note this
Zimbabwe did not ratify this convention that is why you see that our public-sector has no
freedom of striking when they do so they are forced to go back to work and they also cannot
relate against the government.
ILO convention 111 of 1958
Moreso, ILO has shaped IR on the basis of discrimination. Discrimination on employment and
occupation convention number 111 of 1958calls for a national policy, forbids distinction,
exclusion or preference based on sex, race, gender, national extradition or social origin.
Shepperd (2011) have addressed that discrimination in the world of work, anti-discrimination
statutes were put in place to address a number of grounds of discrimination. Sweden, Norway
have embraced the principle of eliminating discrimination at the workplace. Some jurisdictions
have separate laws providing substantive protection against discrimination to specific. In
Zimbabwe ILO has eliminated any form of discrimination at workplaces supported by the labor
act section 5. it states that no employee shall discriminate against any employee on basis of race,
gender or political affiliation.
Economic circumstances can compel people to barter away their freedom, and labor exploitation
can occur in many forms. But forced labor is something quite distinct. It occurs where work or
service is exacted by the State or individuals who have the will and power to threaten workers
with severe deprivations, such as withholding food or land or wages, physical violence or sexual
abuse, restricting peoples' movements or locking them up.
The ILO has shaped industrial relations globally as it interdicts the use of any form of forced
labor. The elimination of forced labor has resulted in countries like South Africa with its Section
13 of the constitution that states that no one is subjected to slavery, servitude and forced labor. In
addition, the abolition of forced labor has manifested in countries like Botswana, which prohibits
the exaction of forced as it states in its constitution that any person who exacts or imposes forced
labor or causes or permits forced labor to be exacted or imposed for his benefit or for the benefit
of any other person shall be guilty of an offence and be dealt with accordingly. (18 months in
prison)
The right to fair remuneration is a central employment related right and a cornerstone of the right
to an adequate standard of living. Indeed, the International Labor Organization shaped industrial
relations globally this is shown by how countries ratify the ILO principle. Sofa (2008) found that
remuneration is a reward, or remuneration is given to workers or employees as a result of the
achievements that have been given in order to achieve organizational goals. The term equal
remuneration for men and women refers to rates of remuneration established without
discrimination based on sixth ILO Equal Remuneration Convention 1951 (No. 100), was ratified
by South Africa in 1995, obliges ratifying member states to give effect to the principle of equal
remuneration for men and women workers for work of equal value. The principle of equal
remuneration for work of equal value applies equally to equal value claims based on race, or any
other ground listed in section 6(1) or any other arbitrary ground. And also, in Zimbabwe the
equal remuneration was adopted in the labor act under section 5 on protection of employees
against discrimination subsection 2a which states that no employer shall fail to pay equal
remuneration to male and female employees for work of equal value.
The ILO has formulated principals that have shaped the industry into a better place for the
employees and the employer, one of its main contributions was the laws on leave entitlements.
The ILO made laws that gave the employees the right to get on different leaves for instance the
annual leave, according to section 39 of the employment act every employee is entitled to an
annual leave of 30 days once they complete one year of employment and the leave will be paid
for. They also made it clear on section 40 that when the employee is on leave, they are not
entitled to any work nor shall the employer authorize any work. This has helped shape the
industrial relations globally since it's making it difficult for the employer to exploit their
employees.
However, it should be noted that ‘industrial relations’ which means the relationship between
labor and management which arises through interactive processes have globally been shaped by
other factors besides ILO. Settlement of the issues depend on various factors which influence the
pattern of industrial relations. These factors are socio- ethical and cultural, ideological,
technological, psychological, political, governmental, international, financial, market conditions
and enterprise related factors.
On the other hand, in as much as the ILO is shaping IR through suppression of forced labor in
many countries, in some other countries they are ignoring the principals of the ILO and
practicing forced labor daily. For example, Children are subjected to the worst forms of child
labor as evidenced by statistics which views that young children are toiling in the gold mines of
Tanzania due to economic hardships. Some children in South Sudan are forced to be soldiers.
Children also engage in child labor in agriculture, including in the harvesting of sugarcane and
tobacco thus not adhering to the ILO principals.
In summation it is important to note that Industrial Relations has been shaped by the ILO
conventions as evidenced by the countries that ratified the conventions and amended their
constitutions.However although some ratified there are not in full practice of the conventions
because of their cultural set up and family set ups.
Maimunah A, (2007). Industrial relations and employment law. Kualar Lumpur, McGraw Hill