Chapter 4 Flashcards
What is the primary object of the ILO
The primary object of the ILO is to address the needs of working people through co-operation between governments and the two social partners - employers and workers - in the development of labour standards, policies and relevant programmes.
The principle instructions of the ILO which reflect the tripartite structure?
- The International Labour Conference (ILC) sets labour standards applicable to the international community and also formulates the ILO’s wider policies.
- The Governing Body makes policy decisions and determinates the ILO’s programme budget.
- The International Labour Office is the secrerariat of the ILO, overseeing the organisation general activities under the supervision of the Govering Body and leadership of the Director General.
What is the ILO’s supervisory system?
The ILO supervisiory system is intended to ensure that countries implement the conventions that they ratify. It requires member states to submit reports on their progress in this regard. The principal body responsible for examining these reports is the Committe of Experts on the Application of Conventions ad Recommendations (CEACR)
What happes once CEACR has completed its analysis?
It complies a report that is sent to the International Labour Conference standing Committee on the Application of Conventios and Recommendations on an anual basis. The CACR analyses reports and reaches conclusions on specific issues or noteworthy cases in the process, implicated governments may make sure representations to the committee.
The difference between social dialogue and technical assistace?
Social dialogue refers to negotiations, consultations, or information exchanges between employers, employees, and sometimes the government, with the goal of improving work conditions, wages, and labour relations. It includes:
Collective bargaining (negotiations between trade unions and employers)
Tripartite consultations (discussions involving government, employers, and worker representatives)
Workplace cooperation mechanisms (such as works councils and grievance committees)
In a private law setting, social dialogue plays a key role in shaping employment contracts, dispute resolution, and ensuring fair labour practices without excessive state interference.
echnical assistance involves expert support, training, and guidance provided by specialists, legal advisors, or international organisations (like the ILO) to improve compliance with labour laws and workplace standards. This includes:
Training employers and employees on labour rights and responsibilities
Providing legal guidance on occupational health and safety standards
Assisting businesses in implementing fair employment policies
Unlike social dialogue, which focuses on negotiations, technical assistance is more about providing knowledge and tools to comply with legal and ethical labour standards.
What happens when there is an alleged violation by a state of the rights contained in Conventions 87 and 98?
A complaint may be made to the ILO Committee on Freedom of Association by workers or employers organisations. The CFA is a tripartite committee of the Governing Body. Following receipt of a complaint, the CFA examines it and issues a report and recommendations to the country concerned.
According to the ILO labour standards what are conventions and recommendations.
Conventions are legally binding international treaties that member states can ratify, while Recommendations are non-binding guidelines that provide more detailed guidance on how Conventions could be applied. Recommendations merely provide guidelines for governments. Recommendations are not ratified by countries and are non-binding on them.
What are the fundamental conventions:
Forced Labour Convention, 1930 (No.29)
Abolition of Forced Labour Convention, 1957 (No. 105)
Freedom of Association and Protection of the Right to Organise Convention, 1948 (No.87)
Right to Organise and Collective Bargaining Convention 1949 (No.98)
Equal Remmuneration Convention 1951 (No. 100)
Explain the ILO Declaration and Fundamental Principles and Rights at work.
It obliges all member states ‘to respect and promote principles and rights’at work in four areas, regardless of whether states have ratified the applicable conventions. The four areas are:
1. Freedom of association and the effective recognition of the right to collective bargaining
2. Elimination of forced or compulsory labour
3. The aboliation of child labour
4. The Elimination of discriminationin respect of employment and occupation
What is one of the most noteworthy areas of influence of international law on legislation?
The law of dismissal, notwithstanding the fact that South Africa has not ratified the relevant Convention, Termination of Employment Convention 158 of 1982.
Some provisions of the Convention 158 that has influenced the development of the law of dismissal include which principles?
- A worker cannot be dismissed without a valid reason relating to the worker’s capacity or conduct or based on the operational requirements of the undertaking, establishment or service.
- An individual worker may not be dismissed without a fair hearing in the case of misconduct or incapacity.
What are the principles that do not constitute as a valid reason for dismissal?
- Trade union membership or participation in union activities.
- Taking lawful action against an employer and
- The characteristics of race, colour, sex, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social orgin, temporary absence due to illness, or absence from work during maternity leave.
Define worker and state a case that is applicable to the definition.
Any person who works for another and who receives, or is entitled to receive, any payment for that work whether in money or in kind. Excludes a volunteer.
SA National Defence Union v Minister of Defence and Another.
Define employee and migrants and state a relevant case with aspect to these definitions.
an employee is generally defined as someone who works for another person or entity, receiving remuneration, excluding independent contractors, while a migrant worker is a person who migrates from one country to another with the intent of being employed by someone other than themselves.
In Discovery Health Ltd v Commission for Concilliation, Mediation and Arbitration and others.
Severence pay on retrenchment
Section 41 of the BCEA provides that an employer must oay an employee who is retrenched severence pay equal to at one weeks remuneration for each completed year of continuous service.
What does Article 12 of the Termination of Employment Convention 158 of 1982 say?
Article 12 of the Termination of Employment Convention, 1982 (No. 158),outlines the rights of a worker whose employment has been terminated, entitling them to severance allowance, unemployment benefits, or a combination thereof, based on national law and practice.
Define collective bargaining and freedom of association.
collective bargaining is the process where employers and employee representatives (like trade unions) negotiate terms and conditions of employment.
freedom of association guarantees the right of workers and employers to form and join organizations to protect their interests
