INTERNATIONAL LABOR ORGANIZATION

1. INTERNATIONAL LABOR ORGANIZATION

2. Table of Contents Letter from the Chair Introduction to the Committee Topic 1: Introduction Explanation of the Problem Focus of the Debate Questions to Consider Recommended Readings Bibliography Topic 2: Introduction Explanation of the Problem Focus of the Debate Questions to Consider Recommended Readings Bibliography

3. LETTER FROM THE CHAIR Dear delegates, First and foremost, We would like to extend a warm welcome to all the delegates joining us in the ILO (International Labour Organization) committee in WINMUN 2019. It is a great honour and privilege to have you take part in the 5th annual WINMUN conference. We are certain that you will present nothing short of the best throughout the conference, but remember your priority is to have fun and enjoy your experience at WINMUN. I know that being a delegate is challenging; pre-conference preparation, speeches and thinking on your feet is especially hard and sometimes you may feel like it’s not worth it, but I promise you'll reap your rewards it in the end, provided you worked hard and tried your level best. I hope that you will have fun, grow and learn from this experience and remember, the Dias will be by your side till the end, so please don’t hesitate to contact us. We are personally eager to meet every single one of you and commence on a memorable journey of scintillating and insightful debates and I hope to see innovative resolutions at the end of the conference. Sayak Bhattacharya Chair

4. INTRODUCTION TO THE COMMITTEE  Based in Geneva, Switzerland, the ILO is a specialized United Nations (UN) agency that falls under the Economic and Social Council (ECOSOC). Founded in 1919, the organization is the only UN agency that brings together representatives from three parties, governments, workers, and employers, providing them all with equal voices. Through its 187 Member States, the organization works to set decent labour standards, develop policies, strengthen dialogue on work-related issues, promote rights at work, and advocate proper and equal work opportunities for all individuals. The ILO believes that lasting peace cannot be established without the provision of social justice. Our aim at this conference is to tackle the pressing issues of the lack of proper Enforcement of International Labor Standards and the Rights to form Worker Unions.

5. Committee: International Labor Organization Topic: Enforcement of International Labor Laws Author: Tanisha S Pimplikar Introduction Prior to the mid-1970s, labour law was implied to be an integral part of an overall system of social justice and industrial democracy. The post-war period, with unprecedented development and sufficiently full employment, had created a climate that led to the formation of a “standard” or “typical” employment relationship. Labour law grew around this association and persisted to be stable and straightforward. The implementation of national labor laws and regulations is a vital means of instigating international labor standards, ensuring decent work, and promoting the rule of law. The ILO constitution entitles the office to encompass its advisory services to Member nations and to assist multilateral constituents in framing or revising their national labour laws. At present, ILO is a body comprising of 187-member states. The International Labour Organization is the authority of international labour laws that are embodied in its Conventions and Recommendations and the documents that are derived from the supervisory mechanism are responsible for the implementation of the described international labour standards.

6. International labour conventions are multilateral treaties and, as such, are governed by general principles of international law. Foundations of international law which grant rights to workforces are the Conventions of the International LabourOrganisation (ILO). The ILO, with the help of these standards, aims to introduce minimum labour standards which can be internationally settled upon. Ratification of these is voluntary, and once ratified, the Conventions become obligatory upon the signatory states There are 8 Core ILO Conventions, which deal with the 'fundamental rights' of workers: 1.   Freedom of Association and Protection of the Rights to Organize Convention 2.  Right to Organize and Collective Bargaining Convention 3.  Forced Labor Convention 4.  Abolition of Forced Labor Convention 5.  Minimum Age Convention 6.  Worst Forms of Child Labor convention 7.  Equal Remuneration Convention 8. Discrimination (Employment and Occupation) Convention

7. Explanation of the Problem Discrepancies arising between the fundamental rights of the total workforce of population 3.456 billion employees, the employer’s rights, and prerogatives at the workplace are habitual. On the one hand, freedom to work, non-discrimination, protection of privacy and freedom of religion and expression are fundamental rights of the person which must be protected in general and at the workplace. On the other hand, property rights, freedom of trade and freedom to contract are rights an entrepreneur needs to be able to run a business. Employers have the right to refuse a job applicant, assign tasks, take management decisions which have a bearing on a worker’s career and conditions of work, and impose disciplinary penalties including dismissal.  Since the end of the war, there have been significant changes in the world of work, largely due to the digital revolution, the delocalization of production throughout the world and the rising competition between high-waged and low-waged countries as a consequence of the globalization process. The most challenging elements of this new framework are the following:  Atypical employment: Part-time work, fixed-term employment, extended probation terms, on-call work and temporary work are examples of atypical forms of employment. Generally, the status of atypical workers in the standard employment relationship is unfavorable as atypical work tends to be associated with precarious work, although this is not always the case.

8. Scope and application of labour law: Whether a fact or a law, labour law is not applicable within the informal economy. The informal economy share in the comprehensive labour market worldwide is increasing, thus proportionally reducing the scope of application of labour laws. Self-employment and other categories of non-subordinated albeit economically dependent work is on the rise, and very few workers who fall under such patterns of work can claim labour law protection. Decentralization: Decentralization is a new phenomenon in the workplace where noncore activities are outsourced to external suppliers. In a decentralized setup, a parent company does not assume the responsibilities and risks of the employer in relation to its affiliates or contractors. Effectiveness of state action: In the current climate of globalization, the effectiveness of national law is decreasing. Apart from some exceptions, national labour law is pertinent only within the political boundaries of a given state; however, with the commencing of international trade, capital and technology tend to “jump” national borders, whereas labour laws do not and cannot. Ideological challenge: Neoclassical thought has challenged the welfare state approach. The ideology defends for the market’s ability for self-regulation and suggests that labour law should be restricted to the setting up of a threshold of basic rules.

9. Focus of the Debate Considering the inherent conflict, the challenge is to find a way to contain the employer’s power so that it does not undermine an employee’s fundamental rights. Issues between employers and employees are oftentimes brought to court, and many countries have adopted laws that address this conflict. There is a growing number of jurisdictive decisions that have prudently weighed respect of the fundamental rights of the employee against the employer’s rights and prerogatives. Child Labor:  The eradication of child labour is a matter of human rights, with an institutional umbrella provided by two fundamental International Labour Organization (ILO) Conventions, the Minimum Age Convention and the Worst Forms of Child Labour Convention, as well as by the United Nations (UN) Convention on the Rights of the Child. These Conventions emphasize that freedom from child labour is a human right and that the elimination of child labour is a universal and fundamental value. More than 200 million children today are child labourers, out of which 48% are aged 5-11 years. An estimated 120 million are engaged in hazardous work. Forced Labor: While the elimination of slavery and slavery-like practices is receiving the continuing attention of the United Nations, the ending of all forms of forced labour remains a major preoccupation of the International LabourOrganisation.

10. The ILO estimates that 20.9 million people are victims of forced labour globally. Women and girls represent the greater share of the total – 11.4 million (55%), as compared to 9.5 million (45%) men and boys. Adults are more affected than children – 74% (15.4 million) of victims fall in the age group of 18 years and above, whereas children aged 17 years and below represent 26% of the total (or 5.5 million child victims). Given the close historical and institutional association between slavery and forced labour, international activity against the latter was seen as an allowance to earlier measures intended to suppress slavery. Countries with a high rate of forced labor: Democratic People’s Republic of Korea, Eretria, Burundi, Central African Republic, and Afghanistan, whereas India is a home to the largest number of slaves globally, followed by China and Pakistan. Discrimination: When it comes to discrimination, be it gender, race or other kinds, attitudes have changed greatly. Laws banning discrimination in employment exist in most countries now, yet many challenges remain, such as guaranteeing equal pay for men and women and curbing racial and other types of harassment at the workplace. The adoption of affirmative action stems from the observation that the legal banning of discrimination is not enough to eliminate it in practice. Affirmative action, frequently associated with quotas, usually targets specific groups, which commonly include women, minorities and people with disabilities. More than 1 million employment discrimination complaints have been filed with the government since 2010. In 82 percent of these cases, the workers did not receive any form of compensation for relief.

11. Collective bargaining:Collective bargaining is a key means through which employers and their organizations and trade unions can establish fair wages and working conditions. It also provides the base for sound labour relations. Typical issues on the bargaining agenda include wages, training, working hours, occupational health and safety and equal treatment. The aim of these negotiations is to arrive at a collective agreement that controls the terms and conditions of employment.

12. Questions to Consider How does a country’s political and economic situation affect the working conditions of the workforce? What are the most effective methods of combating child labor? What are the other threats that workers experience at their respective workplaces and how can they be tackled? What can the workers do to protect themselves from facing discrimination and having a safe working environment? What are the various forms of modern slavery and how do they affect the society? How can the Conventions of the International Labor standards be more effectively regulated? What steps should governments take in order to enhance worker productivity?

13. Recommended Readings & Bibliography http://www.ilo.org/ifpdial/areas-of-work/labour-law/lang--en/index.htm https://www.youtube.com/watch?v=MnUTIks31U4 https://www.ilo.org/wcmsp5/groups/public/---dgreports/---dcomm/documents/publication/wcms_575499.pdf https://edizionicafoscari.unive.it/media/pdf/article/ricerche-giuridiche/2016/1/the-enforcement-problem-of-international-labour-la/art-10.14277-2281-6100-RG-5-1-16-1.pdf https://www.ilo.org/global/topics/equality-and-discrimination/lang--en/index.htm https://www.ilo.org/wcmsp5/groups/public/@dgreports/@dcomm/documents/publication/wcms_575479.pdf https://www.washingtonpost.com/opinions/2019/04/23/forgotten-victims-chinas-belt-road-initiative/?utm_term=.664c50a315c9 https://www.reuters.com/article/us-brazil-trafficking-court/brazil-upholds-slave-labor-ruling-in-blow-for-traffickers-idUSKCN1OJ2F2 https://www.reuters.com/article/usa-trade-usmca/update-1-top-u-s-house-democrat-cites-labor-enforcement-concerns-on-new-nafta-idUSL1N21K0CW

14. Committee: International Labor Organization Topic: The Union Divide – Rights to Worker Unions Author: Kanishk Sudhir and Sayak Bhattacharya Introduction A worker's union is simply defined a relationship of specialists in a specific exchange, industry, or organization made to secure improvement in pay, benefits, working conditions or social and political status through aggregate haggling and working conditions through the expanded bartering power used by production of a restraining infrastructure of the workers. The worker's organization, through its administration, deals with the business in the interest of workers and arranges work contracts with managers. The most well-known motivation behind these affiliations or associations is "keeping up or improving the states of their employment”. This may incorporate the arrangement of wages, work rules, objection strategies, rules administering contracting, terminating and advancement of specialists, benefits, work environment security and approaches. Associations may sort out a specific segment of talented labourers, a cross-area of specialists from different exchanges (general unionism), or endeavour to compose all labourers inside a specific industry (mechanical unionism). The understandings consulted by an association are official on the general population individuals and the business and now and again on other non-part specialists. Workers organizations generally have a constitution which subtletites

15. the administration of their dealing unit and furthermore have administration at different dimensions of government relying upon the business that ties them legitimately to their exchanges and working. Associations work as work cartels, limiting the quantity of labourers in an organization or industry to drive up the rest of the specialists' wages. They likewise hinder financial development and postpone recuperation from retreat. After some time, associations wreck occupations in the organizations they sort out This committee will work on the issues of politicisation of worker unions the risk of worker unions being mere puppets in the political power play and misuse of it by the leaders along with stalling of economy due to continuous strikes called by the unions.

16. Explanation of the Problem Since the late 1950s, with the developing iberal globalization and the rise of new advancements of data and technology, there has been a gigantic increase of the proportion of the third sector in the share of the world economy , which has expanded the number of workers involved in that sector. This scenario is portrayed by monstrous layoffs, relocation, the rise of new atypical types of business (part time and temporary work, fixed-term contracts, office work, and new types of self employment).This has also parallely raised the question of conditions of workers and the emergence of industrialists,capitalists and profiteers who have no regard whatsoever for working conditions and whose sole aim and objective is to gain profit. The unequal benefits of globalisation have also furthered the “legitimacy” of trade unions in lower economic developing countries. The question of why and why not: Trade unions are considered the essential backbone of large scale industrialisation and economic growth, they are considered to be truly the avatar of democracy as they through democratic means elect their representatives who in turn ensure free and safe working places and living conditions for them. This might seem to be a very good solution to infringement of worker rights but it also comes with a daunting problem of trade unions attempting strikes to make the owner concede to their sometimes irrational and over exploitative demands and in the worst case scenarios along with other unions attempt a revolution or a political coup.

17. The dialectic aspect of trade unions: This conflicting yet seemingly “correct” faces of the same problem projects a serious issue which is amalgamation of workers’ rights and stalling of economic development along with political crisis. This has become a flash point for right and left wing clashes in several countries across the world. This committee should work towards solving the issue of politicisation of trade unions and manipulation of trade unions by its leaders to further their own personal agenda and pursue a hidden vendetta it should also work towards making trade unions truly committed towards working towards worker rights and to ensure that they do not become mere puppets in the hands of major industrialists. The link between economy and worker rights:The committee should also take into consideration the fact that due to several strikes called on by trade unions the economy runs risks of slowing down and eventually causing lack of development and investment in developing countries. The committee should not forget the crucial role trade unions have played in developing worker rights and protecting them from exploitation. Trade unions have ensured that workers are paid their dues and they receive a forum where they could discuss their issues. In recent years as more and more nations are turning to an open economy to boost investment these nations are conforming to “accepted” norms and policies of liberalizing economies and ignoring the flouting of rules for worker protection

18. How are unions harmful to consumers: Unions are harmful to consumers who also as per certain interpretations are being denied certain rights of theirs unions also follow a guild system wherein they try and deny opportunities for further growth by barricading themselves from others who might also want to perform Unions significantly reduce the number of jobs existing in the economy. All most all the lost jobs in the manufacturing sector over the past 3 decades are among those who were affiliated to any trade union. Legislation and public safety: When a government tries to curb an issue regarding trade unions through legislation, one of the most notable methods used by these groups to exert pressure on the state is through mass demonstrations and protests which often threaten public safety and security. These protests often turn violent and soon start demanding more than what they had initially asked and demanded for this results in governments conducting themselves in a more aggressive way and even using riot control measures to disperse of protesters

19. Focus of the Debate Influence of worker unions:  Ever since the dawn of the 20th century, the question of worker unions and influence has been a hotly debated topic worldwide. The main power of a union is known as ‘collective bargaining’ where the union and the employer meet to discuss the working environment. The word ‘bargaining’ may be misleading, as in reality it’s the union making demands and the business deciding if they can adhere to it, while simultaneously staying competitive. When a worker union is unsatisfied with the result of negotiation, they initiate worker strikes. However, Worker strikes are often a double-edged sword. Sometimes, it can put intense pressure on the employer prompting them to meet demands, but it can also be unsuccessful with paid working days lost with no avail as seen with the UK National Union of Mineworkers thwarted strike in 1984. Many argue that worker unions have limited legal oversight giving them unlimited power which is routinely abused. Worker unions have a rare legal position where they’re immune to antitrust laws allowing them to operate as a monopoly with a scary influence on the labour supply. Imagine an employer having a union. Initially the union is pure and harmless with good intentions, but as time proceeds, it grows in numbers and starts asking for more and more slowly poisoning the employers. Unions bribe pro-union government official to turn a blind eye to the bleeding employers. Eventually the costs catch up to the employer and they have to move overseas to remain competitive, and the union now has no more employees to protect. Although this seems grossly exaggerated, this is not far from the

20. truth in some countries. On the other hand, article 23 of the Universal Declaration of Human Rights dictates that everyone is entitled ability to join/create a worker union. Sadely, this is not a binding statement and many countries suppress worker unions in addition to basic worker rights. An unfortunate example is Iran; A lone labourer working on the south pars gas field stood up for better wages and working environment as well as the creation of a proper worker union. Although he got support from 1500 discontent colleagues, he was fired in one week crushing the slightest idea of rebellion in workers all across iran. Since iran does not allow the formation of independent unions, workers have to go through the Islamic Labour Council which more often than not lead to workers losing their job, or even arrested. Multinationals like Amazon are also infamous for union suppression, hiring law firms to squish any organizing effort leading to inhumane working conditions, unhealthy targets and unpaid wages to go ignored. It’s truly a shame, when the 2nd biggest employer continue to muzzle their employees for economic exploits.

21. Economic impact of worker unions: Many union supporters proclaim that worker unions pave the way for prosperity and wealth for the middle class while an equal number of critics argue that inordinately unionized industries are likely to collapse, harming the economy. Good or bad, the economic effects of worker unions are profound in the modern day affecting industries and corporations all over the world. As mentioned before, unions act as cartels. They control the labour supply so when the labour demand is high, industries and companies generally bend to the will of the unions, often raising wages of the workers as per demands. The additional cost of wages will be passed down to the consumer, which leads to lower profits made by the company with a recent statistic showing that worker unions reduces a company's profits by 10%-15% on average. This sets up a domino effect as the lower profits prompt lesser investments often stunting the growth of many budding corporations. Furthermore, by raising the value of labour, many companies find it no longer beneficial or even possible to keep employees with wages higher than the minimum wage set by the union leading to mass layoffs and unemployment. Economists consistently find that unions reduce the total number of jobs available in the economy. The bulk majority of manufacturing jobs lost over the past 30 years have been among union members while non-union manufacturing employment has

22. risen. When organizations refuse to comply to union demands, mass worker strikes often follow which may go violent, or disrupt social services as seen with the British winter of discontent or the recent widespread India doctor strikes.  All these factors inevitably decreases the competitive edge in the market, as well as cause cost-push inflation which both adversely affect the economy, especially ones prone to recession. Worker unions truly benefit indispensable workers with higher wages and better working conditions, but at the cost of consumers, shareholders, expendable workers. Many unions supporters argue that unionized workers raise their own wages as they compensate with higher productivity in the workplace due to higher motivation, lower turn-over and better communication with their superiors. Additionally, union supporters claim workers spend their higher wages on the economy itself, causing growth and creating jobs as evidence suggests wealth equality is strongly linked to healthy economic growth However, unions were never created to double profits. The main purpose of the unions is given by the first 3 letters in the name, U N I. It’s about standing together and supporting each other through the turmoil of the harsh corporate world.

23. Viability of worker unions:  Since the industrial revolution, unions have been pivotal in advancing worker rights for a more inclusive and fair working environment, paving the way for a better future. However, times have changed and so has the economy. Worker unions are finding it increasingly difficult to operate to a myriad of factors such as industry deregulation, increased competition and labour mobility.  Worker unions are often associated with the ‘old economy’ where large manufacturing companies dominated the market. Currently, small to medium sized businesses outside manufacturing are the new norm, making collective bargaining even harder as potential union members are spread across many companies which force union leaders to work with a larger set of managers.  Furthermore, the traditional roles of worker unions have changed rapidly as representing workers and negotiating with managers are no longer vital due to the fact that developed economies move away from manufacturing as automation has taken over, reducing workers needed and increasing productivity by tenfold. This makes the role of worker unions even more blurred than it already is and begs the question: are they necessary?

24. Questions to Consider Do modern worker union have too much power? Should essential public sectors be allowed to form work unions? Do the humanitarian benefits of a worker unions outweigh the economic drawbacks? How has the role of worker unions changed with the economy? What are effective methods to combat the suppression of worker unions in multinational companies? What is the role of the UN in the regulation of worker unions throughout the ages

25. Recommended Readings & Bibliography https://www.investopedia.com/articles/economics/09/unions-workers.asp https://sustainabledevelopment.un.org/majorgroups/workersandtradeunions https://web.archive.org/web/20120107232744/http://findarticles.com/p/articles/mi_m1153/is_v108/ai_3579390/ https://mises.org/library/can-unions-cause-price-inflation https://www.ituc-csi.org/united-nations https://www.escr-net.org/rights/work http://www.independent.ie/opinion/letters/unions-will-hold-us-all-to-ransom-1820400.html https://www.cairn.info/revue-reflets-et-perspectives-de-la-vie-economique-2007-2-page-33.htm#