On the International Labour Organization and prison labour: An invitation to recalibrate

This article re-examines the ILO's normative outlook on prison labour, arguing that it is out of touch with the realities on the ground, where public/private hybrid forms of prison labour are proliferating. The authors bring to light the controversy surrounding the position taken by the ILO, as member States repeatedly demand that it relax, and increasingly defy, its dichotomous stance. They illustrate the heavy price to be paid if the ILO stays on its current course, but also if it adopts the position favoured by some of these member States. Instead, they point to two alternatives that go beyond these conflicting positions.     

Translating from multiple sources: Labour legislation reform in Turkey

Building upon the recent scholarship on “travelling ideas” and “translation”, the author discusses how ILO and EU labour standards were conveyed to Turkey's political landscape by domestic actors and how those standards were adjusted. The study first analyses the motivations of the Commission that drafted the 2003 Labour Act, and of employer and labour organizations, for choosing to draw on those international standards during the legislative reform process. It then focuses on the institutional outcomes of the reform by examining how domestic actors modified the international standards, while also preserving components of the old labour legislation, as on severance pay.     

The tasks ahead of the ILO at its centenary

The principles that define the normative missions of the ILO – as set out in its Constitution and in the Declaration of Philadelphia – have lost none of their value or relevance. The circumstances in which those missions are carried out have, however, changed profoundly. The global organization of labour is currently witnessing major technical, environmental and institutional upheavals which, in turn, pose legal challenges for the ILO in each of these areas. The ILO's answer to these challenges should be based on three principles whose implementation is encompassed by its constitutional mandate: the principles of solidarity, economic democracy and social and environmental responsibility.     

Labour and international accounting standards: A question of social justice

As the international guardian of social justice, the ILO is witnessing a global revolution in accounting, which has culminated in international accounting standards (IAS-IFRS). Previously, accounting measured the economy in relation to the capacities and responsibilities of workers and their employers. Today, the exact opposite is the case: the IAS-IFRS no longer measure work and enterprises, referring instead to the abstract concept of a cybernetic entity capable of constant restructuring, at the cost of unprecedented inequality. The author points to the incoherence of this system and to the need to restore the full carrying value of labour.     

The ILO Domestic Workers Convention and regulatory reforms in Argentina,Chile and Paraguay. A comparative study of working time and remuneration regulations

In June 2011, the International Labour Conference adopted the Convention concerning decent work for domestic workers, No. 189, and its accompanying Recommendation No. 201. From a comparative law standpoint, this article seeks to analyse the role played by Convention No. 189 on regulatory reforms, focusing on the legislative measures taken in three Latin American countries that have ratified it: Argentina, Chile and Paraguay. An analysis is also made of the discussions and controversies that have determined the way in which the working time and wage provisions contained in the Convention have been incorporated into the national laws on paid domestic work in these three countries.     

The relationship between international law and European labour legislation and its impact on the development of international and European social law

This article draws on observations of how European Union law takes account of international worker protection instruments and the activities of international organizations to protect social rights to establish a typology of the links – often close but also very diverse – between European law and “international labour law” in the broad sense.     

Back to the future: A continuity of dialogue on work and technology at the ILO

Concerns about technological unemployment are not new. Specifically, policy debates surrounding automation processes in the 1960s reflected both optimism and concerns about the job-destroying potential of technology. Studying the archives, and in particular the information collected by the Bureau of Automation, shows that many of today's policy proposals were originally raised at the ILO during that period, even though they were never translated into regulatory policy. This article thus suggests that reopening this past dialogue may reveal useful insights for addressing current challenges, and enable us to achieve the world of work we wish to see in the future.     

Economics for the right to work

This article argues that mainstream economic theory is one of the main reasons why the human right to work, which was recognized by the international community in 1966, appears not to have been taken seriously. In the mainstream discourse, labour is a cost, employment is a second‐tier objective, individuals are resources with production specifications, and rights are rigidities. Economics based on human rights and seeking to promote the right to work must construe that right as more than just fighting unemployment, regard full employment as an end in itself and place the individual at the heart of its raison d'être.     

From Geneva to San José: The ILO standards and the Inter-American System for the protection of human rights

This article analyses how the Inter-American System for the protection of human rights has used ILO standards as a reference on matters relating to freedom of association and the rights of indigenous peoples. Having established the limits to their use, the authors also analyse how these standards have influenced recent Inter-American jurisprudence in relation to certain economic, social and cultural rights. They argue that such cross-referencing is both desirable and useful, since it allows the Inter-American bodies to base their arguments on the interpretation of specialized authorities, thereby reinforcing the credibility, normative legitimacy and universality of their decisions.     

Introduction: Transnational futures of international labour law

This Special Issue on transnational labour law is placed in the context of the ILO centenary and the challenge of achieving the objective of decent work in a new century, under distinct transnational pressures. The author argues that international labour law, as the normative core of transnational labour law, can play a crucial role – in conjunction with a wide range of actors and the ILO in its standard-setting and convenor capacities – in addressing this challenge and in reshaping the transnational legal architecture.     

New labour rights indicators: Method and trends for 2000–15

This article describes a new method for constructing indicators of freedom of association and collective bargaining (FACB) rights based on the coding of violations in nine textual sources, including six from the ILO, and texts from national legislation. The indicators were constructed for 185 ILO member States for five years between 2000 and 2015 and launched in 2015 by the Center for Global Workers’ Rights at Penn State University, together with the Global Labour University. Following a Resolution by the International Conference of Labour Statisticians in October 2018, the method provides the basis for Sustainable Development Goal indicator 8.8.2 on labour rights.     

Measuring labour absorption problems in developing countries: Limitations of the concept of unemployment

The “standard” unemployment rate is often criticized for omitting large numbers of people who are classified as employed or as not economically inactive, when in fact their situation amounts to unemployment. The author discusses the limitations of this standard definition for developing countries. After reviewing the methodological and statistical problems posed by the standard rate, he looks at the reality behind the words in contexts where the labour market is highly segmented. He shows that the standard unemployment rate underestimates excess labour supply and is a poor indicator of the Decent Work deficit, and considers its limitations in guiding economic policy.     

Leaks,legislation and freedom of speech: How can the law effectively promote public‐interest whistleblowing?

Attention is increasingly being focused on leaking, whistleblowing and associated compliance and incentives questions. The authors outline the differences between leaking and whistleblowing, notably on protection of the disclosers. They review provisions of international conventions on human rights and corruption, and compare approaches to protecting freedom of speech in France, Germany, the United Kingdom and the United States. Their findings highlight the complex, sometimes conflicting issues involved: public, individual, commercial and financial interests; abuse of power; security; confidentiality; the individual as law enforcer; and the employment relationship.     

Freedom of association and collective bargaining in the platform economy: A human rights-based approach and an ever-increasing mobilization of workers

This paper examines the exercise of the rights to freedom of association and collective bargaining by platform workers. It focuses on several significant developments involving the collective organization of platform workers worldwide, and considers the rights to freedom of association and collective bargaining as human rights. It contends that the shifting context of work has led to changes in modern workplaces, which, in turn, have generated a novel interest in the adoption of a human rights-based approach towards labour protection. This approach considers that all workers are entitled to rights, such as the right to collective bargaining, which derive from international human rights instruments.     

Freedom of association in the Bangladeshi garment industry: A policy schizophrenia in labour regulation

The right to freedom of association is fundamental for the establishment of labour unionism as an institution. While the Government of Bangladesh requires enabling legal provisions for unionization in its garment industry, regulation to ensure the right to freedom of association has proved ineffective in upholding labour unionism. This article highlights the need for legislation capable of drawing on the complementary skills and resources of the Government, factory owners, labour unions and global brands to secure a sustained commitment and contribution towards the socio-economic and political dimensions of labour relations in Bangladesh's ready-made garment industry.     

The Changing Pattern of Wage Returns to Education and its Implications

It is commonly believed that labour‐market returns to education are highest for the primary level of education and lower for subsequent levels. Recent evidence reviewed in this article suggests that the pattern is changing. The causes of such changes, and their implications for both education and labour‐market policy, are explored.     

The paradigm shift in realising the right to read: how ebook libraries are enabling in the university sector

Millions of people with print disabilities are denied the right to read. While some important efforts have been made to convert standard books to accessible formats and create accessible repositories, these have so far only addressed this crisis in an ad hoc way. This article argues that universally designed ebook libraries have the potential of substantially enabling persons with print disabilities. As a case study of what is possible, we analyse 12 academic ebook libraries to map their levels of accessibility. The positive results from this study indicate that universally designed ebooks are more than possible; they exist. While results are positive, however, we also found that most ebook libraries have some features that frustrate full accessibility, and some ebook libraries present critical barriers for people with disabilities. Based on these findings, we consider that some combination of private pressure and public law is both possible and necessary to advance the right-to-read cause. With access improving and recent advances in international law, now is the time to push for universal design and equality.     

The World Bank's “Employing Workers” index: Findings and critiques – A review of recent evidence

This note provides an update on the ongoing debate over the World Bank's Doing Business project with a particular focus on its “Employing Workers” index, which is intended to measure difficulty of hiring, rigidity of working hours and difficulty of firing. The authors review the findings of studies that have used this index or been influenced by it and of those that inspired its construction. They go on to examine criticisms of this instrument, highlighting both conceptual and empirical problems. Their paper concludes with suggestions for alternative approaches and future research.     

Engagement with sustainability at the International Labour Organization and wider implications for collective worker voice

Sustainability objectives have been recognized by the ILO primarily in terms of the impact of environmental protection in the form of “just transition” and “green job” initiatives. Arguably, the Sustainable Development Goals (SDGs) now offer richer scope for ILO engagement with social sustainability. This can be attributed to the prominent recognition of “decent work” in SDG 8 and the need for “responsive, inclusive, participatory and representative decision-making at all levels” in SDG target 16.7. This article examines how the ILO could further promote collective worker voice in the context of debates over a sustainable “future of work”, particularly considering to whom voice is given and how it is exercised.