Labor Law Notes PDF

International Labor Organization Origins: -The ILO was created in 1919 by part XIII of the Versailles Peace Treaty ending WW1. -It became the first specialized agency associated with the United Nations. -It is unique among world organizations in that the representatives of the workers and of the emp...

International Labor Organization Origins: -The ILO was created in 1919 by part XIII of the Versailles Peace Treaty ending WW1. -It became the first specialized agency associated with the United Nations. -It is unique among world organizations in that the representatives of the workers and of the employers have equal voice with those of governments in formulating its policies. The ILO has 3 major tasks: 1. Adoption of ILS (Conventions and Recommendations): Guidelines on: - child labor - protection of women workers - conditions of work at sea - migrant workers 2. Technical Cooperation to assist developing nations: Concentrated in 4 major areas: - development of human resources - employment planning and promotion - development of social institutions - conditions of work and life 3. Extensive research, training, education, and publications program: Two specialized educational institutions - International Institute for Labor Studies in Geneva - International Center for Advanced Technical and Vocational Training in Turin, Italy. Object: -The International Labor Organization is devoted to promoting social justice and internationally recognized human and labor rights. -Founding mission that labor peace is essential to prosperity. -The ILO helps advance the creation of decent work and the economic and working conditions that give working people and business people a stake in lasting peace, prosperity and progress. Key points: 1. The ILO is a branch of the UN with a tripartite structure, comprising of representatives from government, employers organizations, and workers organizations. 2. ILO’S core functions include: promoting rights at work, supervising the implementations of Conventions and Recommendations, and offering technical cooperation. 3. International Labor Standards are developed by the ILO and are designed to be implemented globally. 4. The ILO’s conventions become legally binding once ratified by member states. Member states agree to apply these conventions in national law. 5. The ILO has significantly raised global labor standards over the past century through its conventions which help combat exploitative work practices, enhance worker’s rights, and improve working conditions. World Trade Organization It is the only global international organization dealing with the rules of trade between nations. At its heart are the WTO agreements, negotiated and signed by the world's trading nations. The goal is to help producers of goods and services, exporters, and importers conduct their business. Who they are: - An organization for trade opening. - A forum for governments to negotiate trade agreements. - A place for them to settle trade disputes. What they do: - Is run by its member governments. - All major decisions are made by the membership as a whole, either by ministers (meet once every 2 years), ambassadors or delegates (meet regularly in Geneva). What they stand for: - These principles are the foundation of the multilateral trading system. International Labor Standards For over 100 years, a tripartite organization of: - trade unions - governments - business leaders have been working to promote job security and quality of employment for workers around the world. *Set of international labor laws and recommended standards. Origin. ILS emerged as a response to social and economic turmoil triggered by the industrial revolution. Their foundations were laid in 1919, as part of the Treaty of Versailles, which ended WW1. Definition. International Labor Standards are legal instruments drawn up by the international labor organization’s (ILO) constituents (governments, employers and workers) thay lay down basic minimum social standards to be adopted by all member countries. They are designed as guidelines for governments, shaping national policy to ensure fair treatment, decent work conditions, and fundamental social protection for all workers These standards encompass a wide range of social and work related issues, including; - rights to organize and collective bargaining - elimination of forced or compulsory labor - abolition of child labor - elimination of discrimination in respect of employment and occupation TYPES OF LABOR STANDARDS International Labor Standards take 3 main forms: - Conventions: International treaties, which become legally binding on ratification. - Recommendations: accompany conventions, guiding their implementation, but they are not legally binding. - Protocols: legally binding amending instruments tied to conventions. BENEFITS OF ILS - Economic equity: these standards ensure a level playing field for all economies. - Poverty reduction: decent work entails opportunities for work that are productive (fair income, security in the workplace, social protection for families) - Protection of worker’s rights: preserve the fundamental rights of workers across the globe (right to organize and bargain collectively to measures against forced labor, child labor and discrimination). - Encouraging social dialogue: engage governments, employers, and workers in negotiations. Workers Rights There is no single definition or definitive list of workers rights. The ILO identifies what it calls ‘fundamental principles and rights at work’ that all ILO members have an obligation to respect and promote, which are: - freedom of association and the effective recognition of the right to collective bargaining. - elimination of all forms of forced or compulsory labor - effective abolition of child labor - elimination of discrimination in respect of employment and occupation - a safe and healthy working environment. Introduction Mexico is widely known for being heavily protectionist towards the employee when it comes to the country's labor laws. Many foreign companies find that employment regulations in Mexico differ considerably to those in their country of origin. It is strongly advised to employ the legal services of a labor law specialist before hiring workers. Employers obligations 1. To pay their workers wages and indemnities in accordance with the rules in effect at the enterprise or establishment. 2. To provide the implements, instruments, and materials necessary to carry out their work (good quality and in good condition). Work Days Definition: The workday is the time during which the worker is at the disposition of the employer to provide his services. Mexico's world schedule operates on a specific standard that generates flexibility within the work week. Day shift: - 8 hours - period of 6 am to 8pm - The number of hours spent on the job by Mexican day shift laborers is 48 hours a week. Mixed shift: - 7.5 hours - The night shift component of a mixed shift is limited to 3.5 hours. Night shift: - 7 hours - between 8pm and 6am - The number of hours constituting the night shift amounts to 42 hours a week. Working hours in North America: 40 hours per week Europe: 37.1 per week Australia: 38 hours a week Asia: longest working hours - they vary greatly High income and/or developed countries with a cultural emphasis on the work-life balance generally have shorter official work weeks with some now even introducing a 4-day work week. Like Belgium, Portugal, Iceland, Sweden, Germany, Japan. Breaks and meal periods: The FLL (federal labor law) stipulates a mandatory rest break of at least 30 minutes after every six hours of work. The time corresponding to such periods shall be included as part of the effective workday. 6 countries with the longest lunch breaks in the world: Spain, Greece - 3 hours, France, China, Brazil - 2 hours, Italy 90 minutes Extended time: Extended shifts may be used to maximize scarce resources. Long or unusual shifts are often required during response and recovery phases at emergency situations such as terrorist threats, which generally come without warning. Never more than 3 hours per day nor more than 3 times per week. Endanger the life of the worker, the fellow workers, the employer or the very existence of the enterprise. Overtime: Refers to the time that an employee works beyond their standard working hours. Over time hours of work shall be paid at twice the wage corresponding to the hours of the workday. Usually employees in Mexico are paid double for the first additional 9 hours. Overtime in China is 9 hours, UK no overtime but time off for hard workers, France more than 35 hours is considered overtime. Days off: 1. at least one rest day with full payment of wages. 2. in work requiring continuous labor, the workers and the employer shall by common agreement determine the days on which the workers may enjoy the weekly rest day 3. workers who provide services on sunday shall be entitled to an additional bonus equal to at least 25% of their wages on ordinary workdays. 4. When the worker provides services to various employers on the same day or in the same week, he shall have the right to be paid the proportional part of his wages for days of rest based upon the wages for the days in which he worked or on the wage he would have received from each employer. 5. workers shall not be obligated to work on days of rest.