International Labour Day : Never Ending Journey in Labour Protection

The First Step: Establishment of ILO

A journey of a thousand miles begins with a single step. In labour protection, the establishment of the International Labour Organization (“ILO”) is one of the earliest steps that marks the beginning of labour protection. Before the establishment of ILO, the late eighteenth century was marked by numerous unsuccessful attempts to organise international labour policy by bringing together governments, workers, and employers. It was not until the end of World War I that conditions were ripe for the creation of an organisation capable of coordinating these efforts. 

Established in 1919, 25 years before the United Nation was founded, ILO stands as the oldest United Nations specialised agency. ILO was first established by the Treaty of Versailles, which marked the end of World War I. Its inclusion in the Treaty of Versailles shows the need for international cooperation to address the labour-related issues that arose during the conflict. Amidst the challenging situation of the war, the ILO worked to protect the rights of workers and ensure that they were treated fairly. After the war, the ILO played a key role in the measures of monetary and credit policy, international trade, and public works, helping to establish labour laws and promote social and economic development.

How ILO Works, the Tripartite System

Compared to other international organisations, ILO has a distinctive system called the tripartite system. The ILO tripartite system is a unique approach to labour issues that emphasises the importance of cooperation and partnership between governments, employers, and workers. The idea behind this approach is that social and economic progress can only be achieved when all three groups work together towards common goals. Under the ILO’s tripartite system, representatives of governments, employers’ organisations, and workers’ organisations come together in various forums to discuss and negotiate labour-related issues. This approach helps to ensure that all stakeholders have a voice in the development of labour policies and standards. 

Labour is not a Commodity, Philadelphia Declaration

At the end of World War II, the International Labour Conference adopted a declaration that aimed to redefine the goals of the ILO, called the Philadelphia Declaration. This declaration contain principles that will be the pillars of international labour law, which are

(a) labour is not a commodity; 

(b) freedom of expression and of association are essential to sustained progress; 

(c) poverty anywhere constitutes a danger to prosperity everywhere; 

(d) the war against want requires to be carried on with unrelenting vigour within each nation, and by continuous and concerted international effort in which the representatives of workers and employers, enjoying equal status with those of governments, join with them in free discussion and democratic decision with a view to the promotion of the common welfare.

The first principle is of paramount importance as it changes the paradigm of worker from a mere means of production into a living human being with wants and needs. This means the pricing of labour could not be left solely to the invisible hands of the labour market. Case laws such as Noakes v Doncaster Collieries and Katsikas v Konstantinidis have interpreted this principle to mean that a worker cannot be transferred from one employer to another without the worker’s consent.

ILO Fundamental Principles, the Centre of Labour Protection

Through the ILO Declaration on Fundamental Principles and Rights at Work 1998, ILO declares the commitments and obligations that are inherently owned by all members of ILO. Those principles underlie the fundamental principles of:

a. Freedom of association and the effective recognition of the right to collective bargaining;

This right, enshrined under Freedom of Association and Protection of the Right to Organize Convention (1948, No. 87), protects the right of workers and employers to establish and join organisations according to their own choices without prior authorization. Another relevant convention is Right to Organize and Collective Bargaining Convention (1949, No. 98) that provides additional protections for workers’ right to organise and engage in collective bargaining with their employers.

b. The elimination of all forms of forced or compulsory labour;

This principle enshrined under the Forced and Compulsory Labor Convention (1930, No. 29) which prohibits all forms of forced labour, including slavery, debt bondage, and forced labour for purposes of political coercion or punishment. There is also Abolition of Forced Labor Convention (1957, No. 105) builds on Convention No. 29 by requiring countries to take steps to abolish any remaining forms of forced labour and prevent its reemergence.

c. The effective abolition of child labour;

This principle is enshrined under Minimum Age Convention (1973, No. 138) which establishes the minimum age for admission to employment not to be less than the age of completion of compulsory schooling. The further elaboration also contained in Convention Concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labor (1999, No. 182) which prohibits the worst forms of child labour, including slavery, forced labour, and work that is likely to harm the health, safety, or morals of children.

d. The elimination of discrimination in respect of employment and occupation;

This principle is enshrined in Equal Remuneration Convention (1951, No. 100) which calls for equal pay for men and women for work of equal value without discrimination based on sex and Discrimination in Respect of Employment and Occupation Convention (1958, No.111) which prohibits in employment and occupation on the basis of race, colour, sex, religion, political opinion, national extraction or social origin and to promote equality of opportunity and treatment with regard to employment and occupation;

e. A safe and healthy working environment.

This principle is enshrined in Occupational Safety and Health Convention (1981, No. 155)whcih  implements basic principles and methodology required for improvement on occupational safety, health and working environment. There is also Promotional Framework for Occupational Safety and Health Convention (2006, No. 187) which strengthens the requirement for promoting safe and healthy working environments through national programmes;

Non-discrimination, the Pillar of Equality in Occupation and Employment

Equality of opportunity and treatment has been one of the objectives of the ILO since its establishment. As enshrined in the Convention No. 111, ILO aims to erase discrimination in employment and occupation. Article 1 of the Convention prohibits discrimination and requires workers to be treated equally in employment and occupation on the basis of race, colour, sex, religion, political opinion, national extraction or social origin. For instance, employers are unable to create job requirements that discriminate between people with different religions or political opinions.

However, there is no law without exception. That statement also stands true in the context of non-discrimination, as the non-discrimination principle performs on certain limited exceptions. First, differential treatment could be justified when correlated to the ‘inherent requirement of the job’. Second, it endorsed the use of ‘special measures’ to meet the needs of people that fall under the scope of Article 1. Third, the limitation should be proportional to the aim pursued. Lastly, if it concerns the security of the State.

Contemporary Issue in Labour Protection

Homeworker

Even today, the journey for labour protection has still not reached the end. There are still tons of issues that need to be addressed, especially in relation to labour protection in Indonesia. One of such concerns is regarding the protection of homeworkers. Homeworker, as defined in ILO Convention Number 177, is a person that conducts work beside the workplace of the employer for remuneration and such work resulting in product or service as specified by the employer. Due to their unique position, Indonesian Law is still uncertain on whether homeworkers could be categorised as workers under Indonesia Manpower Act, as Indonesia do not ratify ILO Convention Number 177 in regard to Homework. That situation makes the homeworkers unable to attain adequate protection in form of minimum wage, occupational health and safety, paid leave, and many more. In fact, based on the research conducted by SMERU Research Institute, most of the homeworker conduct their job without proper contract and very low remuneration, some even only reach Rp.100.000,00 to Rp.500.000,00 a month.

A.I. and worker

Another pressing issue in the protection of labour is the concern regarding artificial intelligence or A.I. There is massive concern that A.I. will substitute manual labour, creating many jobless situations. In recent years, this concern is no longer a mere dream as there are already multiple instances where there is replacement of the human workforce at international level. For instance, a New York Hotel, Yotel, which is fully automated and assisted by A.I. It has check-in and check-out automatically, adjustable and comfortable, motorised bedding that folds to benefit in the extra space room and a robot permanently prepared to help luggage customers. For a country with a massive number of workforce such as Indonesia, this is indeed a valid concern. Based on data taken from Badan Pusat Statistik, per August 2022, Indonesia workforce number reached 143,72 million people. Therefore, it is necessary for future leaders and policy makers to create balance between technological advancement and labour protection.