2.3 Role and Limitations of the International Labour Organisation in a Global health and safety setting (ILO의 역할과 'Convention(협약)', 'Recommendation(권고)')
International Labour Organisation(이하 ILO)의 역할과 ① Convention, ② Recommendation, ③ Codes of practice의 차이에 대해서 알아보겠습니다.
◈ Role of the United Nations - ILO role and international labour conference
The International Labour Organisation(ILO) is an agency of the United Nations (UN) that is devoted to advancing opportunities for women and men to obtain decent and productive work in conditions of freedom, equity, security, and human dignity.
The ILO is the global body responsible for drawing up and overseeing international labour standards. And it has sought to define and guarantee labour rights and improve conditions for working people by building a system of international labour standards expressed in the form of conventions, recommendations and codes of practice.
◈ ILO Convention (협약)
The adoption of a convention by the International Labour Conference allows governments to ratify it, and when a specified number of governments have done so, the convention becomes a treaty in international law. All adopted ILO conventions are considered international labour standards, irrespective of how many governments have ratified them.
Ratification of a convention imposes a legal obligation to apply its provisions. However, it is voluntary for a country to ratify a convention. If a convention has not been ratified by member states, it has the same legal force as recommendations.
- ILO convention(협약)은 회원국이 비준(ratification)을 함으로써 국가법으로서 효력을 갖게 됩니다. 대표적인 ILO Convention으로는 Occupational Safety and Health Convention (C155) 1981 등이 있습니다.
▶ Occupational Safety and Health Convention C155 1981 바로가기
◈ ILO Recommendation (권고)
Recommendations are non-binding guidelines so are not ratified by member countries and do not have the binding force of conventions. Along with conventions, recommendations are drawn up by representatives of governments, employers and workers, and are adopted at the ILO's annual International Labour Conference. An example is the Ocuupational Safety and Health Recommendation (R164) 1981.
- ILO recommendation(권고)는 구속력을 갖지 않는 지침입니다. 회원국들이 비준하지 않은 Convention(협약)도 recommendation(권고)의 효력을 갖습니다. 대표적인 Recommendation으로는 Occupational Safety and Health Recommendation R164 1981이 있습니다.
▶ Occupational Safety and Health Recommendation R164 1981 바로가기
◈ ILO Codes of Practice(직업규약)
ILO Codes of practice contain practical recommendations intended for all those with a responsibility for occupational safety and health in both the public and private sectors. Codes of practice are not legally binding instruments and are not intended to replace the provisions of national laws or regulations, or accepted standards. They aim to serve as practical guides for public authorities and services, employers and workers concerned, specilised protection and prevention bodies, enterprises and safety and health committees.
An example is the Code of Practice on Safety and Health in the Iron and Steel Industry (2005)
▶ Code of Practice on Safety and Health in the Iron and Steel industry (2005) 바로가기
Safety and health in the iron and steel industry
This new code, which reflects the many changes in the industry, its workforce, the roles of the competent authorities, employers, workers and their organizations, and on the development of new ILO instruments on occupational safety and health, focuses on t
www.ilo.org
◈ Use of International Conventions as a Basis for Setting National Systems of Health and Safety Legislation
ILO standards on occupational safety and health enable governments, employers and workers to establish practices and procedures that aim for the highest level of health and safety performance. The ILO global strategy to improve occupational safety and health involves the promotion of
- A preventive safety and health culture.
- The development of relevant instruments and technical assistance to establish OHS standards.
International labour standards are legal instruments drawn up by the ILO's constituents (governments, employers and workers) that set out basic principles and rights at work.
They are either
① Conventions (협약)
- legally binding international treaties that may by ratified by member states, and
- lay down the basic principles to be implemented by ratifying countries.
② Recommendations (권고)
- serve as non-binding guidelines
- supplement the convention by providing more detailed guidelines on how it could be applied.
- can also be autonomous, i.e. not linked to any convention.
Conventions and recommendations are drawn up by representatives of governments, employers and workers and are adopted at the ILO's annual International Labour Conference. Once a standard is adopted, member states are required under the ILO Constituition to submit them for consideration to their competent authority.
- ILO 국제노동 컨퍼런스는 매년 6월 스위스 제네바에서 개최됩니다. 각 회원국에서는 정부대표 2명, 경영자 대표 1명, 근로자 대표 1명 등으로 구성된 팀이 ILO 국제노동 컨퍼런스에 참석을 하게 됩니다. 모든 대표들은 동일한 권리를 갖고 투표를 할 수 있습니다. ILO 국제 노동 컨퍼런스에서 협약이나 권고로서 효력을 갖기 위해서는 2/3 이상의 대표자 동의가 필요합니다.