Strategy for harmonization of labour laws: A discussion on options - - PowerPoint PPT Presentation

International Labour Organization Decent Work Team and Office for the Caribbean

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ILO Meeting of Caribbean Ministers of Labour, Kingston, Jamaica

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Strategy for harmonization of labour laws: A discussion on options

Shingo Miyake ILO Decent Work Team and Office for the Caribbean 23 February 2017

10th ILO Meeting of Caribbean Ministers of Labour, Kingston, Jamaica

Harmonization

• ≠ unification
• = approximation, “more or less similar”
• Action of individual State needed

Why harmonize

• Improved legal certainty
• Easier cross-boarder activities and cooperation
• Increased efficiency and transparency
• A level playing field among parties

Harmonization of laws

10th ILO Meeting of Caribbean Ministers of Labour, Kingston, Jamaica

CARICOM Model Labour Laws

• “Ready-made” provisions on i) equality, ii) trade unions and

employers’ organizations, iii) termination, and iv) OSH

Review – Use of the substance (principles and standards)

• Relevant laws are in place
• Certain provisions not incorporated

Review – Use of the “Copy and paste” function

• “Copied and pasted” selectively
• Two countries significantly used the texts

Harmonization in the Caribbean: A model law approach

10th ILO Meeting of Caribbean Ministers of Labour, Kingston, Jamaica

CARICOM Declaration of Labour and Industrial Relations Principles (1995)

• Wide-ranging subjects are covered
• References can be brief, without elaborating on principles and

standards

A principle-based approach in the Caribbean

10th ILO Meeting of Caribbean Ministers of Labour, Kingston, Jamaica

Caribbean countries prefer to select principles and standards to incorporate, and to formulate their own legal provisions

 Principle-based approach mainly  The instrument of principles

• Should be legally binding, and/or a follow-up mechanism
• Must contain sufficient details
• CARICOM Declaration as a basis

 Model approach with detailed ready-made texts still useful

Conclusion

10th ILO Meeting of Caribbean Ministers of Labour, Kingston, Jamaica

Proposed way forward: Combined approach

“Labour Charter” (Revived Declaration of Labour and Industrial Relations Principles ) Model Model

• Daily working

hours is 8 hours

• In case of shifts,

hours of work shall be…

Tool

Model

• Standard form to

record working hours

Tools For law-making For law- implementing Examples Instrument

• f principles

Model provisions Practical tools

10th ILO Meeting of Caribbean Ministers of Labour, Kingston, Jamaica

• 1. Development of the “Labour Charter”
• Consideration of the text
• Consideration of a follow-up mechanism
• Adoption of the Charter – binding document?
• 2. Meetings of technical and social stakeholders
• For model provisions
• For practical tools

Translating into action: Possible next steps