“ Implementing Occupational Safety and Health Standards Globally ”

1. “Implementing Occupational Safety and Health Standards Globally” Duesseldorf - November 2009

2. The Role of Labour Inspection, Social Partners,Social Security, Practitioners and Non-State ActorsInternational ILO ConferenceDüsseldorf, Germany3-6 November 2009Protection of Vulnerable Groups of Workers Outline of a presentation by W. Frhr. von Richthofen International Consultant on Labour Inspection/Protection Technical Adviser to IALI

3. General characteristics • Vulnerable groups of workers are often physically, economically, socially, and politically weak • They are poorly organized and not represented • They are often subject to discrimination and abuse • They typically have to work in physical, geographical, social and/or cultural isolation • They are considered to be (more) easily intimidated, manipulated and controlled • In consequence, they are very often the victims of (extreme) exploitation Duesseldorf - November 2009

4. Obstacles to effective protection • Workers’ protection often restricted to those within legal definition of “worker”, “workplace”, “employee”, or written employment contracts • Or when covered by collective agreements • Certain sectors of economic activity are often excluded in law and/or in practice • The so-called informal sector is rarely covered • Lack of political will impedes protection • Inadequate resources, (or none at all), make effective protection difficult/impossible. Duesseldorf - November 2009

5. Typical categories of vulnerable workers: • Women workers • Domestic household workers, • Home workers, home-based workers • Young persons and child labourers • Mentally or physically challenged persons • Migrant workers, (both nationals and foreign) • Forced or bonded labour, trafficked persons • Temporary, seasonal, casual, part-time workers • Workers in (chains of) subcontracts • Informal economy workers • Rural workers • Other types of « vulnerable » workers. Duesseldorf - November 2009

6. Labour inspection issues • Labour inspectorates often do not protect these groups • The Law confines activities to particular types of workers • Usually formal-sector wage-based employment • Physically limited coverage, lack of mobility • Vulnerable workers often isolated, difficult to reach • Activities focus on the organized rather than unorganized • Inspectors do not use Article 3, para 1 ILO C. 81 • Difficulties in developing new strategies, • Inability to strike new partnerships Duesseldorf - November 2009

7. Legal and practical issues facing inspectors • Workers often work (and live) on the private premises of the employer • Issue: Inviolability of the private home • Access only with the consent of the owner or occupier; therefore, use: • Surprise element of unannounced visit - • Or summon employer to the office; and • Exercise discretion to reach their objectives Duesseldorf - November 2009

8. Legal and practical issues (ctd.) • Difficulties when interviewing potential victims • Victims often intimidated/threatened • May therefore not tell the truth • Many perceive their alternatives as limited • Inspectors must use tact and powers of persuasion – (but often not trained to do so) • And be completely informed about unfair labour practices and unfair labour indicators Duesseldorf - November 2009

9. Essential social protection issues to check • Legal/illegal employment • Minimum age • Written contracts of employment • Basic remuneration paid • Payment made at proper intervals • Deductions correctly calculated • All allowances paid • Hours of work, rest periods, and holidays • Overtime not exceeding legal limits and properly authorized and calculated • Social contributions (registration/remittance) Duesseldorf - November 2009

10. Example: Domestic household workers • Often work alone in the home of their employer • A severe form of isolation main reason for frequent abuse • Mental, physical and sexual • Excessive working hours • Refusal to grant leave • Child labour practices • Non-payment of wages • Deprivation of freedom • Other grave violations of labour (and criminal) law Duesseldorf - November 2009

11. Possible approaches Access to home/domestic workers through: • Other government (e.g. social) services • Sector-relevant NGOs • Community outreach • Faith-based organisations • Well-planned use of the media to encourage home workers to lodge formal complaints Duesseldorf - November 2009

12. Law enforcement is a major part of the solution • Impunity for offenders one of the most important reasons why illegal labour practices and exploitation continue • Action requires a broad-based, integrated approach • Rigorous law enforcement is possible • Combined with available prevention and rehabilitation of victims • Multiple actors must work together Duesseldorf - November 2009

13. Example: Workers in sub-contracting chains (I) Typically found in many sectors, such as: • Construction sector • Repair and maintenance sector • Agriculture, forestry and others Reasons: • Provision of services only as and when needed • Downsizing and outsourcing • Reduction to so-called « core activities » Duesseldorf - November 2009

14. Workers in sub-contracting chains (II) • One company will take on a certain task • Contract certain parts to other companies • The most hazardous and most difficult work at the end of the sub-contract chain • Regularly done by the least trained • The least qualified for dangerous tasks • Often foreign (illegal) migrants • Increasingly also trafficked (forced) labour Duesseldorf - November 2009

15. Problems • Concurrent presence of many small firms • Working separately on the same site • Problems coordination of OS&H measures • Allocation of multiple responsibilities • Reactions to a common risk are divergent • Fragmentation in the construction industry • Regularly a source of concern for authorities responsible for supervision of labour protection regulations and standards Duesseldorf - November 2009

16. Workers in the informal economy • No single accepted definition • Both the urban and the rural informal sector • May be highly organized and structured • May include quite large establishments • Both manufacturing and services • Distinction increasingly becoming doubtful • Most modern protection legislation covers all enterprises employing one or more workers • Many countries also cover the self-employed Duesseldorf - November 2009

17. Difficulties • Both in legal and in practical issues • Most informal-sector operators run SMEs • Coverage rate of SMEs generally very low: • Germany: about 20% of all establishments • Japan: less than 10% of enterprises • USA: not much more than 2% (OSHA) Duesseldorf - November 2009

18. Solutions • Credible, effective enforcement systems • Clear, comprehensive, coherent and consistent enforcement policies • Well trained, highly qualified inspectors • High performance standards • Effective systems for identifying priorities • Strongly supported by committed social partner organizations Duesseldorf - November 2009

19. Conclusions Effective protection of vulnerable groups requires: • Strong political will at the highest level • Fully committed social partner organizations • A policy of comprehensive coverage • Laws that are inclusive • A clear role for labour inspection • Making protection a priority • Multi-actor, broad-based strategies Duesseldorf - November 2009

20. For more information, please consult: Now available in 12 languages Duesseldorf - November 2009

21. Thank you for your attention! Wolfgang Frhr. von Richthofen International Consultant on Labour Protection/Inspection, Technical Adviser to IALI, and Consultant for the World Bank 23, ch. Grotte-Garin F-01710 Thoiry, France Tel./Fax 0033/450’20’86’50 vonrichthofen@wanadoo.fr Duesseldorf - November 2009