Social Dialogue, ILO Conventions and Recommendations

1. Social Dialogue, ILO Conventions and Recommendations By Sylvain BAFFI Junior programme officer Social Dialogue Technical Programme

2. Definition of Social Dialogue • Consultations • All types of Negotiations • Exchange of Information Among: • Representatives of Government, Employers, Workers on: • Issues of Common Interest Related to Economic and Social Policy

3. The forms of Social Dialogue • Bipartite • Tripartite • Tripartite +

4. Levels of Social Dialogue • International • Regional • National • Sector/branches • Enterprise

5. The ILO and Social Dialogue • Social Dialogue Premised on Strong Tripartite Organisations • Sustained High Level Dialogue • ILO, Pace Setter and Example of Tripartite Deliberations • Resolution on Tripartism and Social Dialogue: • Valuable and Democratic Means • Collaboration Among Government and Social Partners • Modern and Dynamic Process • Government to Ensure Preconditions to Social Dialogue

6. Conditions for constructive Social Dialogue • Freedom of Association; • Democratic foundations • Legitimacy of social partners • Political will and commitment to engage in social dialogue by all parties • Social acceptance of social dialogue • Technical competence • Capacity to deliver

7. Pitfalls in Social Dialogue • Narrow vested interests, blocking reforms • Lack of basic agreement on economic analysis/prescription • Lack of democratic accountability and legitimacy

8. Issues addressed by Social Dialogue 1 • Macroeconomic policy framework and economic growth • Structural change and transformation of the economy • Wage increases and inflation; monetary policy • Employment policy • Educational and vocational training • Productivity and economic competitiveness • Taxation and fiscal policy • Social welfare, security and protection • Economic and social strategies to deal with externally originating pressures for reform

9. Issues addressed by Social Dialogue 2 • Wage settings, including minimum wage determination; • Labour legislation • Working conditions • Labour market policy • Labour dispute settlement • Occupational safety and health

10. Benefits of Social Dialogue processes • Democratization of economic and social policy making • Legitimacy and ownership • Reduce social conflicts • Ease social tensions during economic hardship and transition periods

11. Benefits associated with the results of Social Dialogue • Social pacts • Sustainable economic and labour reform • Bringing the social dimension to the economic policy reform agenda • National economic and social progress

12. ILO standards related to Social Dialogue • Freedom of association and protection of the right to organize Convention, 1949 (N°87) • Right to organise and collective bargaining Convention, 1949 (N°98) • Labour relations (public service) Convention, 1978 (N°151) • Collective bargaining Convention, 1981 (N°154) • Tripartite consultation (International Labour Standards) Convention, 1976 (N°144)

13. ILO Convention n°87 • Aims at protecting the free exercise of the right to organise of workers and employers’ vis-à-vis public authorities (independence) • Protects in law and in practice the freedom to establish organisations, prerequisite to the other guarantees enunciated in ILO instruments

14. ILO Convention n°87 The right to organize/depends on three principles • That no distinction is made among those entitled to the right of association • That there is no need for previous authorization to establish organisations • That there is freedom of choice with regard to membership of such organisation

15. ILO Convention n°98 • Protection against acts of anti-union discrimination • Protection against acts of interference • Promotion of collective bargaining

16. Protection against acts of anti-union discrimination • No person shall be prejudiced in his employment by reason of his/her trade union membership or legitimate trade union activities • This protection is particularly necessary for trade union officials • The law should provide for effective and dissuasive sanctions

17. Protection against acts of interference • Total independence of workers’ organisations from employers’ organisations and their organisations in exercising their activities and vice versa • Necessary to have express legislative provisions against acts of interference • Rapid appeal procedure • Effective and dissuasive sanctions

18. ILO Convention n°151 • Extend the coverage of ILO convention 87 and 98 to all persons employed by public authorities • Specific exclusion for high level employees • Protection against acts of anti-union discrimination • Protection against acts of interference • Collective bargaining shall be promoted

19. ILO Convention n°154 • Collective bargaining shall be made possible in all branches of economic activity • The scope of collective bargaining shall be extended • Establishment of rules of procedures agreed between employers’ and workers’ organisations should be encouraged • Collective bargaining shall not be impaired by absence, inadequacy or inappropriateness of such rules • Bodies and procedures for the settlement of labour disputes should be conceived as to contribute to the promotion of collective bargaining

20. ILO Convention n°154 • Subjects covered by collective bargaining: • Determining working conditions and terms of employment: and/or • Regulating relations between employers and workers and/or • Regulating relations between employers or their organisations and a workers’ and organisation or workers’ organisation

21. ILO recommendation on voluntary conciliation and arbitration (n°92) • Voluntary conciliation shall be made available to assist in the prevention and settlement of industrial disputes between employers and workers • When constituted on joint basis, equal representation of employers and workers • Procedure free of charge and expeditious • Parties should abstain from strikes and lockouts while conciliation is in progress • Agreements reached by the parties should be draw up in writing and equivalent to agreements concluded in the usual manner