From the analysis of the ILO Constitution and the three current ILO declarations, which are not international treaties, not normative legal acts, but special international sources of labor law, it follows, in particular, the following generally recognized (fundamental) principles of international labor law:

1) the principle of social justice, which includes the provision of opportunities for all to participate in the fair distribution of the fruits of progress in the field of wages, working hours and other working conditions, as well as a living wage for all who work and need such protection;

2) the principle of equal pay for equal work;

3) the principle of freedom of speech and freedom of association of employees and employers as a necessary condition for constant progress;

4) the principle of humanity (humanism) in the world of work, which includes providing workers with human working conditions, recognizing poverty as a threat to general well-being and recognizing the right of all people to exercise their material well-being and spiritual development in conditions of freedom and dignity, economic stability and equal opportunities;

5) labor is free and is not a commodity;

6) the principle of social partnership, including equality and cooperation of representatives of workers, entrepreneurs and governments.

A different set of fundamental (generally recognized) principles of international labor law has been proposed in the literature. So, E. A. Ershova points out among them the supremacy of international labor law over national legal acts regulating labor relations. In this regard, we note that on the issue of the relationship between international and national law in the science of international law, the constitutional norms of certain states, there are different approaches and concepts (for example, the courts of England or the United States have a different approach to the application of international law and its relationship with national legislation than the law enforcers of Belarus and Russia, therefore the primacy of the former over the latter cannot be a generally recognized principle). In addition, intergovernmental and interdepartmental international treaties, by definition, cannot have supremacy over the Constitution and other legislative acts, given the level and competence of the bodies that concluded them. Also controversial is the attribution of E.A.Ershova to the generally recognized principles of international labor the rights of ideas such as equal rights to judicial protection and good faith fulfillment of international obligations, since these guiding legal ideas have general legal significance, as they relate to any branches of law, and not only labor rights.



Prior to the adoption of the 1998 Geneva Declaration, three groups of rights were commonly referred to as fundamental rights falling within the competence of the ILO: freedom of association, abolition of forced labor and protection against discrimination in the field of work.

TO principles relating to fundamental rights at work The 1998 Geneva Declaration included the following four legal ideas:

1) freedom of association and effective recognition of the right to conduct collective re-
dialects;

2) the abolition of all forms of forced or compulsory labor;

3) effective prohibition of child labor;

4) non-admission of discrimination in the field of labor and occupation.

D. V. Chernyaeva drew attention to the fact that “the fundamental nature of the above principles and rights was established by the UN in 1995 at the UN World Summit on Social Development in Copenhagen (Denmark)”.

It is important to emphasize that even before the ILO proclaimed the principles relating to fundamental rights at work, they were reflected and developed in seven fundamental ILO conventions, to which in 1999 the eighth was added - No. 182 on the prohibition and immediate measures to eliminate worst forms of child labor.

The question of the binding nature of the generally recognized principles of international law is highly controversial in the science of international and labor law. The point of view is quite widespread in the literature that only those generally recognized principles that are enshrined in the statutory documents of international organizations, based on the fact of membership in them, or are developed in international treaties concluded with their participation, are binding on states, and those that are reflected in the declarations - are optional. NL Lyutov believes that “based on considerations of the primacy of state sovereignty, in order to determine the fact that Russia is bound by this or that legal norm or principle that has not been ratified by the Russian Federation, it is necessary to have two conditions: a) the generally recognized norm or principle; b) Russia's consent to the fact that this rule is generally recognized, including in relation to Russia. " Then the author essentially levels out his second condition, pointing out that there is no "evidence of Russia's unwillingness to assume the corresponding obligations." In our opinion, this approach, based on the need for two conditions for the binding of generally recognized principles of international law, is somewhat illogical and does not fully comply with paragraph 4 of Article 15 of the Constitution of the Russian Federation. This contradiction was also noticed by E. A. Ershova in a polemic with V. A. Tolstik, noting that with this approach "one can draw a rather strange conclusion about the need to apply only" recognized by us "and not" generally recognized "norms of international law." If each state decides for itself whether it considers one or another generally recognized principle obligatory, then the meaning of their generally recognized, universally binding and imperative will be lost. For example, Myanmar may find it unacceptable to prohibit forced or compulsory labor and continue to violate fundamental workers' rights. Following the logic of N.L. Lyutov and V.A.Tolstik, for Myanmar this principle, generally recognized by the world community, but not recognized as such by Myanmar itself, is not obligatory for it to be observed. We believe that the mechanism of action of these principles is somewhat different (we will return to it below). In addition, Russia, having indicated the inclusion of generally recognized principles of international law in the legal system, and the Republic of Belarus, recognizing their priority, at the constitutional level voluntarily limited its state sovereignty in favor of this part of international law.

The International Labour Organization

The International Labour Organization (ILO)- specialized institution UN, an international regulatory organization labor relations... In 2009, 183 states are members of the ILO. WITH 1920s the headquarters of the Organization - International Labor Office, is in Geneva... V Moscow hosts the Subregional Office for Eastern Europe and Central Asia.

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    1 History of the creation, development and mission of the ILO

    2 The structure of the ILO and its founding documents

    • 2.1 Constitution of the ILO

      2.2 The ILO Declaration of Philadelphia

      2.3 Rules of Procedure of the International Labor Conference

      2.5 ILC International Labor Conference

      2.6 Governing Body

      2.7 ILO International Labor Office

    3 Working methods and main areas of activity

    4 Member States of the ILO

    5 Russia and the ILO

    6 ILO Directors General

    7 Events

  • 9 Notes

History of creation, development and tasks of the ILO

Created in 1919 on the basis of Versailles Peace Treaty as a structural unit League of Nations... It was founded on the initiative and with the active participation of Western social democracy. The ILO Constitution was developed by the Labor Commission of the Peace Conference and became part of the XIII Treaty of Versailles ... The need to create the ILO was determined by the following reasons:

    The first is political.

The reason for the creation of the ILO was the revolution in Russia and a number of other European countries. In order to resolve the contradictions arising in society in an explosive, violent, revolutionary way, the organizers of the ILO decided to create an international organization designed to promote social progress worldwide, establish and maintain social peace between various strata of society, and contribute to the solution of emerging social problems in an evolutionary peaceful way. .

    The second is social.

The working and living conditions of the working people were difficult and unacceptable. They were brutally exploited, and their social protection was virtually nonexistent. Social development lagged significantly behind economic development, which hindered the development of society .

    The third is economic.

The desire of individual countries to improve the situation of workers caused an increase in costs, an increase in production costs, which made it difficult to compete and required a solution to social problems in most countries ... The Preamble notes that "the failure of any country to provide workers with human conditions of work is an obstacle for other peoples wishing to improve the situation of workers in their countries." .

    The first CEO and one of the main initiators of the creation is a French politician Albert Thoma... Currently the CEO is Juan Somavia.

V 1934 year, the USA and the USSR became members of the ILO. V 1940 year in connection with the Second World War, the headquarters of the ILO is temporarily relocated to Montreal, Canada. As a result, the continuity of the Organization's activities was maintained. V 1940 year the USSR suspended its membership in the ILO, resumed in 1954. Since that time, Belarus and Ukraine have become members of the ILO. .

    In 1944, the International Labor Conference in Philadelphia defined the tasks of the ILO in the post-war period. It adopted the Philadelphia Declaration defining these tasks. The Declaration became an annex and an integral part of the ILO Constitution. The USSR government did not accept the ILO's invitation to participate in the conference. V 1945 the ILO returned to Geneva .

The goals and objectives of the ILO are proclaimed in its The Charter... The ILO is built around a tripartite representation of workers, employers and governments - tripartism.

The ILO is one of the oldest and most representative international organizations. Created under the League of Nations, it survived the last and since 1946 became the first specialized agency of the United Nations. If at the time of its creation 42 states participated in it, then in 2000 there were 174 .

The structure of the ILO and its founding documents

The hallmark of the ILO is tripartism, its tripartite structure, within which negotiations are carried out between governments, workers 'and employers' organizations. The delegates of these three groups are represented and confer on an equal basis at all levels of the Organization. .

The supreme body of the ILO is International Labor Conference, on which all acts of the ILO are adopted. Delegates International conference there are two representatives from the government and one, respectively, from the most representative organizations of workers and employers of each participating State. The Governing Body of the ILO, also tripartite, is the executive body of the ILO. The International Labor Office serves as the secretariat for the ILO. ILO adopts The convention and Recommendations dedicated to labor issues. In addition to the conventions and recommendations, three declarations were adopted: 1944 year on the goals and objectives of the ILO (now included in ILO Constitution), 1977 ILO Declaration on Multinational Enterprises and Social Policy, as well as 1998 ILO Declaration on Fundamental Rights and Principles at Work. The conventions are subject to ratification by the member states and are international treaties that are binding upon ratification. Recommendations are not legally binding acts. Even in the event that a state has not ratified a particular convention, it bears obligations by virtue of the fact of membership in the ILO and adherence to its charter on the four fundamental principles in the world of work, enshrined in the ILO Declaration of 1998. These are the principles of freedom of association and the right to collective bargaining; the prohibition of discrimination in labor relations; eradication of forced labor; and the prohibition of child labor. These four principles are also devoted to eight ILO Conventions (respectively - Conventions Nos. 87 and 98; 100 and 111; 29 and 105; 138 and 182), which are called fundamental. These Conventions have been ratified by the overwhelming majority of states in the world and the ILO monitors their implementation with particular attention.

Even ratified Conventions cannot be enforced by the ILO. Nevertheless, there are ILO monitoring mechanisms for the implementation of Conventions and Recommendations, the main essence of which is to investigate the circumstances of alleged violations of labor rights and give them international publicity in the event of prolonged disregard of the ILO's comments by the state party. This control is carried out by the ILO Committee of Experts on the Application of Conventions and Recommendations, the Governing Body Committee on Freedom of Association and the Conference Committee on the Application of Conventions and Recommendations.

In exceptional cases, in accordance with article 33 of the Constitution of the ILO, the International Labor Conference may call on its members to exert influence on the state, especially in gross violation of international labor standards. In practice, this was done only once - in 2001 with respect to Myanmar criticized for decades for the use of forced labor and refused to cooperate with the ILO on this issue. As a result, a number of states applied economic sanctions against Myanmar and it was forced to take a number of steps towards the ILO.

ILO Constitution

ILO Declaration of Philadelphia

In 1944, at a session in Philadelphia, USA, the International Labor Conference adopted the Philadelphia Declaration, which specifies the goals and objectives of the Organization.

    The Declaration embodies the following principles:

    • labor is not a commodity;

      freedom of speech and freedom of association are essential for continuous progress;

      poverty anywhere is a threat to general welfare;

      all people, regardless of race, faith or gender, have the right to exercise their material condition and spiritual development in conditions of freedom and dignity, economic stability and equal opportunities.

Rules of Procedure of the International Labor Conference

1998 ILO Declaration on Fundamental Principles and Rights at Work

Whereas the founders of the ILO were guided by the conviction that social justice is essential to achieving universal and lasting peace;

Considering that economic growth is essential but not sufficient for equality, social progress and poverty eradication, which reaffirms the need for the ILO's efforts to support strong social policies, justice and democratic institutions;

Whereas the ILO should, more than ever before, use all its resources in the areas of norm-setting, technical cooperation and all its research potential in all its areas of competence, in particular employment, training and working conditions, in order to achieve such ensuring that economic and social policies mutually reinforce each other, within the framework of the global strategy for social and economic development, creating conditions for large-scale and sustainable development;

Whereas the ILO should pay particular attention to the challenges faced by persons with special social needs, in particular the unemployed and migrant workers, and mobilize and encourage international, regional and national efforts to address them problems, and promote effective policies aimed at creating jobs;

Whereas, to strengthen the links between social progress and economic growth, it is particularly important and meaningful to ensure that fundamental principles and rights at work are respected, as it allows stakeholders to freely and on equal terms claim their fair share of the wealth they create helped, and also gives them the opportunity to fully realize their human potential;

Whereas the ILO is an international organization mandated by its Constitution and the competent authority for the adoption and application of international labor standards and enjoys universal support and recognition in promoting the application of fundamental rights at work, which are the expression of its statutory principles;

Considering that, in an environment of growing economic interdependence, it is imperative to reaffirm the invariability of the fundamental principles and rights proclaimed in the Charter of the Organization and to promote their universal observance;

International Labor Conference:

1. Recalls: a) that by freely joining the ILO, all Member States have recognized the principles and rights enshrined in the Constitution and the Declaration of Philadelphia, and have pledged to pursue all the objectives of the Organization, using all the means at their disposal and with full respect their inherent features;

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Submission of the Declaration

The International Labor Organization adopted the ILO Declaration on Fundamental Principles and Rights at Work and the mechanism for its implementation on 18 June 1998 in Geneva. By doing so, it would like to find a solution to the problems of the globalization of the world economy, which since 1994 has been at the center of numerous discussions within the Organization itself. Although globalization is a factor in economic growth, and economic growth is an indispensable precondition for social progress, the fact remains that it does not in itself guarantee this progress, but must be accompanied by a certain set of minimum social rules based on common values ​​that allow participants in this process claim their rightful share of the wealth they helped create.

The Declaration seeks to reconcile the desire to stimulate the efforts of all countries to ensure that economic progress is accompanied by social progress, with the desire to fully take into account all the diversity of conditions, opportunities and priorities of each country.

The first step in this direction was taken in Copenhagen in 1995, when the Heads of State and Government attending the World Summit for Social Development made specific commitments and endorsed a Plan of Action on "fundamental workers' rights": the prohibition of forced labor and child labor , freedom of association, freedom to form trade unions and collective bargaining, equality in remuneration for work of equal value and non-discrimination in employment and occupation. The 1996 World Trade Organization Ministerial Conference in Singapore was the second step on this path. States reaffirmed their commitment to uphold internationally recognized core labor standards, recalled that the ILO is the competent institution in setting and enforcing these standards, and reaffirmed their support for the ILO's action to promote the application of these standards.

The adoption of the Declaration was the third step. It makes a significant contribution to the attainment of the goal proclaimed in paragraph 54 (b) of the Program of Action adopted by the World Summit for Social Development in Copenhagen, which is to ensure and promote respect for the fundamental rights of workers by requiring States that have ratified relevant ILO conventions, to fully apply them, and from other states - to take into account the principles enshrined in them.

The existing oversight mechanism already allows for the application of the conventions by the states that have ratified them. For the rest of the States, the Declaration introduces an important new element. First, it states that ILO member states, even if they have not ratified these conventions, have an obligation to respect "in good faith and in accordance with the Constitution, the principles relating to the fundamental rights that are the subject of these conventions." Then, and this is the first aspect of the implementation mechanism contained in the annex to the Declaration, it aims to achieve this goal through the application of a unique statutory procedure available to the ILO, which makes it possible to annually require member states that have not ratified fundamental conventions to provide reports on progress made in applying the principles enshrined in those conventions.

Finally, the Declaration goes one step further as it solemnly proclaims the Organization's commitment to fully utilize all its budgetary resources and all its credibility to assist its Member States in achieving the goals set by the Copenhagen World Summit. This commitment will be embodied in the global report, which is the second aspect of the implementation mechanism of the Declaration contained in the annex to it. At the same time, the global report will provide an overview of the progress made during the previous four-year period, both in countries that have ratified the fundamental conventions and in countries that have not. point for plans to assist countries in the future.

By adopting this Declaration, the ILO provides a solution to the problems posed by the international community, as it sets a social minimum at the global level in response to the realities created by the process of globalization. Therefore, the Organization can now enter the new century with optimism.

Michelle Hansenn

Declaration on Fundamental Principles and Rights at Work

Whereas the founders of the ILO were guided by the conviction that social justice is essential to achieving universal and lasting peace;

Considering that economic growth is essential but not sufficient for equality, social progress and poverty eradication, which reaffirms the need for the ILO's efforts to support strong social policies, justice and democratic institutions;

Whereas the ILO should, more than ever before, use all its resources in the areas of norm-setting, technical cooperation and all its research potential in all its areas of competence, in particular employment, training and working conditions, in order to achieve such ensuring that economic and social policies mutually reinforce each other, within the framework of the global strategy for social and economic development, creating conditions for large-scale and sustainable development;

Whereas the ILO should pay particular attention to the challenges faced by persons with special social needs, in particular the unemployed and migrant workers, and mobilize and encourage international, regional and national efforts to address them problems, and promote effective policies aimed at creating jobs;

Whereas, to strengthen the links between social progress and economic growth, it is particularly important and meaningful to ensure that fundamental principles and rights at work are respected, as it allows stakeholders to freely and on equal terms claim their fair share of the wealth they create helped, and also gives them the opportunity to fully realize their human potential;

Whereas the ILO is an international organization mandated by its Constitution and the competent authority for the adoption and application of international labor standards and enjoys universal support and recognition in promoting the application of fundamental rights at work, which are the expression of its statutory principles;

Considering that, in an environment of growing economic interdependence, it is imperative to reaffirm the invariability of the fundamental principles and rights proclaimed in the Charter of the Organization and to promote their universal observance;

International Labor Conference:

1. Reminds:

a) that by freely joining the ILO, all Member States have recognized the principles and rights enshrined in the Constitution and the Declaration of Philadelphia, and have pledged to pursue all the objectives of the Organization, using all the means at their disposal and taking full account of their inherent characteristics ;

b) that these principles and rights have been expressed and developed in the form of specific rights and obligations in conventions recognized as fundamental both within and outside the Organization.

2. Declares that all Member States, even if they have not ratified the said Conventions, have an obligation arising from the very fact of their membership in the Organization to respect, promote the application and implement in good faith, in accordance with the Charter, the principles relating to fundamental rights which are the subject of these conventions, namely:

a) freedom of association and effective recognition of the right to collective bargaining;

(b) the abolition of all forms of forced or compulsory labor;

(c) effective prohibition of child labor; and

d) non-discrimination in the field of work and occupation.

3. Recognizes the obligation of the Organization to assist its Member States in meeting their identified and expressed needs, making full use of all its constitutional, operational and budgetary resources to achieve these objectives, including through the mobilization of external resources and support, as well as encouraging others. international organizations with which the ILO has established relations in accordance with Article 12 of its Constitution, to support these efforts:

(a) through the provision of technical cooperation and advisory services to facilitate the ratification and application of fundamental conventions;

(b) By assisting those Member States that are not yet in a position to ratify all or some of these conventions in their efforts to respect, promote the application and give effect to the principles relating to fundamental rights that are the subject of those conventions; and

(c) By providing assistance to Member States in their efforts to create an environment conducive to economic and social development.

4. Decides that, in order to ensure the full implementation of this Declaration, an enabling mechanism, reliable and effective, will be applied, in accordance with the measures listed in the following annex, which forms an integral part of this Declaration.

5. Emphasizes that labor standards should not be used for trade protectionist purposes and nothing in this Declaration and its implementation mechanism should be used as a basis or otherwise used for such purposes; furthermore, this Declaration and its implementation mechanism should in no way be used to prejudice a country's comparative advantage.

Appendix. Implementation mechanism of the Declaration

Appendix

I. General purpose

1. The purpose of the implementation mechanism described below is to encourage efforts by Member States to promote respect for the fundamental principles and rights enshrined in the ILO Constitution and the Declaration of Philadelphia and reaffirmed in this Declaration.

2. Consistent with this purely encouraging goal, this implementation framework will identify areas where the Organization's assistance through technical cooperation activities can benefit its Members and assist them in applying these fundamental principles, and right. It does not replace existing control mechanisms and in no way interfere with their functioning; accordingly, specific situations within the scope of these controls will not be addressed or revised under this implementation mechanism.

3. The two aspects of this mechanism outlined below are based on existing procedures: the annual implementation measures concerning unratified fundamental conventions would entail only some adaptation of the existing application of Article 19, paragraph 5 (e), of the Constitution;

a global report will provide the most optimal results from procedures carried out in accordance with the Charter.

II. Annual Measures Concerning Unratified Fundamental Conventions

A. Purpose and scope

1. The aim is to provide an opportunity to review, annually, through simplified procedures, replacing the four-year cycle introduced by the Governing Body in 1995, a review of the measures taken pursuant to the Declaration by those Member States that have not yet ratified all of the fundamental Conventions.

2. This procedure will cover each year all four areas of fundamental principles and rights set out in this Declaration.

B. Procedure and methods of work

1. This procedure will be based on reports requested from Member States in accordance with paragraph 5 (e) of Article 19 of the Constitution. The reporting templates will be drafted in such a way as to receive from Governments that have not ratified one or more of the fundamental conventions, information concerning any changes that may have taken place in their legislation and practice, taking due account of established practice.

2. These reports, as processed by the Office, will be reviewed by the Governing Body.

3. In order to prepare an introduction to the reports so processed, with a view to drawing attention to any aspect that may require in-depth discussion, the Office may refer to the group of experts designated for this purpose by the Governing Body.

4. Consideration should be given to amending the existing Governing Body procedures so that Member States not represented on the Governing Body can most appropriately provide clarifications that may be necessary or useful in Governing Body deliberations, in addition to information contained in their reports.

III. Global report

A. Purpose and scope

1. The purpose of this report is to provide a dynamic overview of each of the categories of fundamental principles and rights over the preceding four-year period and to provide a basis for assessing the effectiveness of the Organization's assistance and for setting priorities for the next period in the form of action plans for technical cooperation, aiming, in particular, to attract internal and external resources necessary for their implementation.

2. The report will cover each year one of the four categories of fundamental principles and rights, in order of priority.

B. Procedure for preparation and discussion

1. The report, the responsibility for which lies with the Director-General, will be drawn up on the basis of official information or information collected and evaluated in accordance with established procedures. For States that have not ratified the fundamental conventions, the report will draw on, inter alia, the results obtained in the implementation of the aforementioned annual implementation measures. In the case of Member States that have ratified the relevant conventions, the report will be based, inter alia, on reports dealt with in accordance with Article 22 of the Constitution.

2. This report will be submitted to the Conference for tripartite deliberation as a report by the Director General. The Conference may consider this report separately from reports submitted in accordance with article 12 of its Rules of Procedure, and may discuss it in a meeting specifically devoted to this report, or in any other order. The Governing Body will then have to, at one of its next sessions, draw up conclusions on the priorities and action plans for technical cooperation to be implemented in the next four-year period on the basis of this discussion.

IV.

1. Proposals will be prepared to amend the Standing Orders of the Governing Body and the Conference as necessary to comply with the foregoing provisions.

2. The Conference will review the operation of this implementation mechanism in a timely manner in the light of the experience gained and assess whether the overall objective set out in Part I has been adequately achieved.

The above text is the text of the ILO Declaration on Fundamental Principles and Rights at Work, duly adopted by the General Conference of the International Labor Organization at its 86th session, held in Geneva and ended on 18 June 1998.

In witness whereof they attached their signatures on this nineteenth day of June 1998:

Chairman of the Conference
Jean-Jacques Axlain

General manager
International Labor Office
Michelle Hansenn

International Labor Organization, ILO(International Labor Organization, ILO) is one of the United Nations (UN) agencies responsible for setting and enforcing international labor standards, promoting the protection of labor rights, promoting gender equality in the workplace, strengthening social protection and promoting dialogue on issues related to the world of work.


A hallmark of the International Labor Organization (ILO) - tripartism- a tripartite structure within which negotiations are carried out between governments, workers 'and employers' organizations. The delegates of these three groups are represented and deliberate on an equal basis at all levels of the International Labor Organization.

Structure of the International Labor Organization

International Labor Conference

International Labor Conference is the supreme body of the International Labor Organization, which adopts all acts of the ILO. The delegates to the International Labor Conference are two representatives from the government and one from the most representative organizations of workers and employers of each participating State.

Governing body The International Labor Organization is the executive body of the ILO. He directs the work of the Organization between sessions of the General Conference and determines the order of implementation of its decisions. Three sessions of the Governing Body are held annually - in March, June and November.

The Governing Body has 56 members (28 representatives from governments, 14 from employers and 14 from workers) and 66 substitutes (28 from governments, 19 from employers and 19 from workers).

Ten seats of members of the Governing Body representing governments are reserved on a permanent basis for representatives of the governments of the world's leading countries - Brazil, Great Britain, Germany, India, Italy, China, the Russian Federation, the United States, France and Japan. The rest of the members of the Council, representing the governments of other states, are re-elected by the Conference on a rotating basis every three years.

International Labor Office

International Labor Office in Geneva it is the permanent secretariat of the ILO, operational headquarters, research and publishing center. The Bureau prepares documents and reports that are used during conferences and meetings of the Organization (for example, the General Report of the Committee of Experts on the Application of Standards, reports of the Governing Body and its committees). The Office also administers the technical cooperation programs that support the standard-setting work of the International Labor Organization.

The Bureau has a department responsible for all matters related to international labor standards, as well as departments responsible for the activities of employers and workers.

Administration and management issues are decentralized and transferred to the regional and sub-regional level and to representations in individual countries.

Bureau led by The Director General, which is elected for a five-year re-election term, employs approximately 2,500 staff and experts based at its headquarters in Geneva and in over 40 offices around the world.

Regional meetings of ILO member states are held regularly to discuss issues of particular interest to the region.

The Governing Body and the International Bureau are assisted in their work by tripartite committees covering major industries, as well as committees of experts on issues such as training, health and safety, management development, labor relations, vocational training, as well as the special concerns of certain categories of workers: youth , disabled people.

Objectives of the International Labor Organization

The main tasks of the International Labor Organization are:

  • Development of coordinated policies and programs aimed at solving social and labor problems.
  • Development and adoption of international labor standards in the form of conventions and recommendations and monitoring of their implementation.
  • Assistance to participating countries in solving employment problems, reducing unemployment and regulating migration.
  • Protection of human rights (rights to work, to association, collective bargaining, protection from forced labor, discrimination).
  • The fight against poverty, for the improvement of the living standards of workers, the development of social security.
  • Promotion of vocational training and retraining of workers and unemployed.
  • Development and implementation of programs in the field of improving working conditions and working environment, occupational safety and health, environmental protection and restoration.
  • Assisting workers 'and employers' organizations in their work together with governments to regulate social and labor relations.
  • Development and implementation of measures to protect the most vulnerable groups of workers (women, youth, older people, migrant workers).

Working methods of the International Labor Organization

In its work, the International Labor Organization uses four main methods:

  1. Development of social partnership between governments, workers 'and employers' organizations (tripartism).
  2. Development and adoption of international labor standards: conventions and recommendations and control over their use (rule-making).
  3. Providing assistance to countries in solving social and labor problems. At the ILO, this is called technical cooperation.
  4. Research and publication on social and labor issues.

Tripartism- the main method of work of the International Labor Organization and its distinguishing feature from all international organizations. The solution of all social and labor problems can be successful only as a result of concerted action by governments, workers and entrepreneurs.

Acts adopted by the International Labor Organization

The International Labor Organization adopts the following labor instruments:

  • Declarations
  • The convention
  • Recommendations

In total, the International Labor Organization adopted three declarations:

  1. 1944 ILO Declaration of Philadelphia on the Purposes and Purposes of the International Labor Organization
  2. 1977 ILO Declaration on Multinational Enterprises and Social Policy
  3. 1998 ILO Declaration on Fundamental Rights and Principles at Work

The convention are subject to ratification by the member states of the ILO and are international treaties that are binding upon ratification.

Recommendations are not legally binding acts. Even in the event that a state has not ratified a particular convention, it is bound by the fact of membership in the International Labor Organization and adherence to its charter on the four fundamental principles in the world of work, enshrined in the 1998 ILO Declaration.

Fundamental principles at work, as enshrined in the 1998 ILO Declaration:

  • Freedoms of association and the right to collective bargaining
  • Prohibition of discrimination in labor relations
  • Eradicating Forced Labor
  • Prohibition of child labor

These four principles are devoted to eight Conventions of the International Labor Organization (respectively - Conventions Nos. 87 and 98; 100 and 111; 29 and 105; 138 and 182), which are called fundamental. These Conventions have been ratified by the overwhelming majority of states in the world and the ILO monitors their implementation with particular attention.

The International Labor Organization cannot enforce even ratified Conventions. Nevertheless, there are ILO monitoring mechanisms for the implementation of Conventions and Recommendations, the main essence of which is to investigate the circumstances of alleged violations of labor rights and give them international publicity in the event of prolonged disregard of the ILO's comments by the state party. This control is carried out by the ILO Committee of Experts on the Application of Conventions and Recommendations, the Governing Body Committee on Freedom of Association and the Conference Committee on the Application of Conventions and Recommendations.

In exceptional cases, in accordance with article 33 of the Constitution of the ILO, the International Labor Conference may call on its members to exert influence on the state, especially in gross violation of international labor standards. In practice, this was done only once - in 2001 with regard to Myanmar, which had been criticized for decades for the use of forced labor and refused to cooperate on this issue with the International Labor Organization. As a result, a number of states applied economic sanctions against Myanmar, and it was forced to take a number of steps towards the ILO.

ILO office in Russia

ILO Office for Eastern Europe and Central Asia

The ILO Decent Work Technical Support Team and ILO Office for Eastern Europe and Central Asia has been operating in Moscow since 1959. Title before April 2010 - ILO Subregional Office for Eastern Europe and Central Asia.

In addition to Russia, the Bureau coordinates the activities of the International Labor Organization in nine other states - Azerbaijan, Armenia, Belarus, Georgia, Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan and Uzbekistan.

The main areas of activity of the ILO Office are the promotion of national decent work programs in the countries of the region, the development of social dialogue, social protection, employment development, labor protection, gender equality in the world of work, HIV / AIDS in the workplace, the elimination of child labor, etc.

This collection includes the most important documents of the International Labor Organization (ILO), which are represented by two declarations and 51 conventions. The ILO declarations are recognized as valid in Russia by virtue of its membership in the International Labor Organization, and the corresponding ILO conventions - by virtue of their ratification by our country. All international legal acts of the ILO included in the collection are, in accordance with paragraph 4 of Art. 15 of the Constitution of the Russian Federation, a priority part of its legal system and therefore have legal supremacy over all other sources of Russian labor law, including the Labor Code of the Russian Federation. This necessitates the direct application in our national practice of the generally recognized principles and norms of international labor law contained in these documents. This collection should be of interest to representatives of law enforcement and supervisory state bodies, trade unions, lawyers, legal scholars and other persons who in their professional activities are related to labor law.

Declaration on Fundamental Principles and Rights at Work

Whereas the founders of the ILO were guided by the conviction that social justice is essential to achieving universal and lasting peace;

Considering that economic growth is essential but not sufficient for equality, social progress and poverty eradication, which reaffirms the need for the ILO's efforts to support strong social policies, justice and democratic institutions;

Considering that the ILO should, more than ever before, use all its resources in the areas of norm-setting, technical cooperation and all its research potential in all its areas of competence, in particular employment, training and working conditions, in order to achieve such ensuring that economic and social policies mutually reinforce each other within the framework of the global strategy for socio-economic development, creating conditions for large-scale and sustainable development;

Whereas the ILO should pay particular attention to the problems faced by persons with special social needs, in particular the unemployed and migrant workers, and mobilize and encourage international, regional and national efforts to address them problems, and promote effective policies aimed at creating jobs;

Whereas in strengthening the links between social progress and economic growth, it is of particular importance and meaning to guarantee that fundamental principles and rights at work are respected, as it enables stakeholders to claim freely and on equal terms their fair share of the wealth they create helped, and also gives them the opportunity to fully realize their human potential;

Whereas the ILO is an international organization, mandated by its Constitution, the competent authority for the adoption and application of international labor standards and enjoys universal support and recognition in promoting the application of fundamental rights at work, which are the expression of its constitutional principles;

Considering that, in an environment of growing economic interdependence, it is imperative to reaffirm the invariability of the fundamental principles and rights proclaimed in the Charter of the Organization and to promote their universal observance,

International Labor Conference:

1. Reminds:

a) that by freely joining the ILO, all Member States have recognized the principles and rights enshrined in the Constitution and the Declaration of Philadelphia, and have pledged to pursue all the objectives of the Organization, using all the means at their disposal and taking full account of their inherent characteristics;

b) that these principles and rights have been expressed and developed in the form of specific rights and obligations in Conventions recognized as fundamental both within the Organization itself and outside it.

2. Declares that all Member States, even if they have not ratified the said Conventions, have an obligation arising from the very fact of their membership in the Organization to respect, promote the application and implement in good faith, in accordance with the Charter, the principles relating to fundamental rights which are the subject of these Conventions, namely:

a) freedom of association and effective recognition of the right to collective bargaining;

b) the abolition of all forms of forced or compulsory labor;

c) effective prohibition of child labor; and

d) non-discrimination in the field of labor and occupation.

3. Recognizes the obligation of the Organization to assist its Member States in meeting their identified and expressed needs, making full use of all its constitutional, operational and budgetary resources to achieve these objectives, including through the mobilization of external resources and support, and by encouraging other international organizations with which the ILO has established relations in accordance with Article 12 of its Constitution, to support these efforts:

a) through the provision of technical cooperation and advisory services to facilitate the ratification and application of fundamental Conventions;

b) by assisting those Member States that are not yet in a position to ratify all or some of these Conventions in their efforts to respect, promote the application and implementation of the principles relating to fundamental rights that are the subject of these Conventions; and

c) by providing assistance to Member States in their efforts to create an environment conducive to economic and social development.

4. Decides that, in order to ensure the full implementation of this Declaration, an enabling mechanism, reliable and effective, will be applied, in accordance with the measures listed in the following annex, which forms an integral part of this Declaration.

5. Emphasizes that labor standards should not be used for trade protectionist purposes and nothing in this Declaration and its implementation mechanism should be used as a basis or otherwise used for such purposes; furthermore, this Declaration and its implementation mechanism should in no way be used to prejudice a country's comparative advantage.

Appendix. Declaration implementation mechanism

I. General purpose

II. Annual Measures Relating to Unratified Fundamental Conventions

A. Purpose and scope

B. Procedure and methods of work

III. Global report

A. Purpose and scope

B. Procedure for preparation and discussion

IV. Final provisions

I. General purpose

1. The purpose of the implementation mechanism described below is to encourage efforts by Member States to promote respect for the fundamental principles and rights enshrined in the ILO Constitution and the Declaration of Philadelphia and reaffirmed in this Declaration.

2. Consistent with this purely encouraging goal, this implementation framework will identify areas where the Organization's assistance through technical cooperation activities can benefit its Members and assist them in applying these fundamental principles, and right. It does not replace existing control mechanisms and in no way interfere with their functioning; accordingly, specific situations within the scope of these controls will not be addressed or revised under this implementation mechanism.

3. The two aspects of this mechanism outlined below are based on existing procedures: the annual implementation measures concerning unratified fundamental Conventions would entail only some adaptation of the existing application of Article 19, paragraph 5 (e), of the Constitution;

a global report will provide the most optimal results from procedures carried out in accordance with the Charter.

II. Annual Measures Relating to Unratified Fundamental Conventions

A. Purpose and scope

1. The aim is to provide an opportunity to review, annually, through simplified procedures, replacing the four-year cycle introduced by the Governing Body in 1995, a review of the measures taken pursuant to the Declaration by those Member States that have not yet ratified all of the fundamental Conventions.

2. This procedure will cover each year all four areas of fundamental principles and rights set out in this Declaration.


B. Procedure and methods of work

1. This procedure will be based on reports requested from Member States in accordance with paragraph 5 (e) of Article 19 of the Charter. The reporting templates will be drafted in such a way as to receive from Governments that have not ratified one or more of the fundamental Conventions, information concerning any changes that may have taken place in their legislation and practice, taking due account of Article 23 of the Constitution and established practice.

2. These reports, as processed by the Office, will be reviewed by the Governing Body.

3. In order to prepare an introduction to the reports so processed, with a view to drawing attention to any aspect that may require in-depth discussion, the Office may refer to the group of experts designated for this purpose by the Governing Body.

4. Consideration should be given to amending the existing Governing Body procedures so that Member States not represented on the Governing Body can most appropriately provide clarifications that may be necessary or useful in Governing Body deliberations, in addition to information contained in their reports.

III. Global report

A. Purpose and scope

1. The purpose of this report is to provide a dynamic overview of each of the categories of fundamental principles and rights over the preceding four-year period and to provide a basis for assessing the effectiveness of the Organization's assistance and for setting priorities for the next period in the form of action plans for technical cooperation, aiming, in particular, to attract internal and external resources necessary for their implementation.

2. The report will cover each year one of the four categories of fundamental principles and rights, in order of priority.


B. Procedure for preparation and discussion

1. The report, the responsibility for which lies with the Director-General, will be drawn up on the basis of official information or information collected and evaluated in accordance with established procedures. For States that have not ratified the fundamental Conventions, the report will draw on, inter alia, the results obtained in the implementation of the aforementioned annual implementation measures. In the case of Member States that have ratified the relevant Conventions, the report will be based, inter alia, on reports considered in accordance with Article 22 of the Constitution.

2. This report will be submitted to the Conference for tripartite deliberation as a report by the Director General. The Conference may consider this report separately from reports submitted in accordance with article 12 of its Rules of Procedure, and may discuss it in a meeting specifically devoted to this report, or in any other order. The Governing Body will then have to, at one of its next sessions, draw up conclusions on the priorities and action plans for technical cooperation to be implemented in the next four-year period on the basis of this discussion.

IV. It is understood that:

1. Proposals will be prepared to amend the Standing Orders of the Governing Body and the Conference as necessary to comply with the foregoing provisions.

2. The Conference will review the operation of this implementation mechanism in a timely manner in the light of the experience gained and assess whether the overall objective set out in Part I has been adequately achieved.

The above text is the text of the ILO Declaration on Fundamental Principles and Rights at Work, duly adopted by the General Conference of the International Labor Organization at its 86th session, held in Geneva and ended on 18 June 1998.

In witness whereof they attached their signatures on this nineteenth day of June 1998:

Chairman of the Conference Jean-Jacques Axlain
Director General of the International Labor Office Michelle Hansenn
  • Declaration on the Purposes and Purposes of the International Labor Organization
  • Declaration on Fundamental Principles and Rights at Work