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Labour administration, labour inspection and the ILO-current regulatory perspectives

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Title: Labour administration, labour inspection and the ILO-current regulatory perspectives


1
Labour administration, labour inspection and the
ILO-current regulatory perspectives
Giuseppe Casale Director, LAB/ADMIN Labour
Administration and Inspection Programme ILO,
Geneva
http//www.ilo.org/labadmin
2
Background
  • Labour administration and labour inspection
    general item on the agenda of the 100th ILC
    (June, 2011).
  • Last discussions in 1973 (Experts meeting), 1978
    (Adoption of Convention No. 150), 1997 (LA
    General Survey) and 2006 (LI General Survey).
  • Recent crisis has highlighted the role of LA, but
    debt crisis and austerity measures challenge its
    future.
  • Substantial differences between regions,
    sub-regions and countries.
  • Increased expectations, but funds limited.

3
ILO concept of labour administration
  • LA all public bodies involved in labour policy.
  • ILO and Labour Administration.
  • ILO and Labour Inspection.
  • Social Partners and Labour Administration.

4
International Labour Standards
  • Historically, labour inspectorates among the
    first labour institutions
  • Founding of the ILO (1919), creation of
    Ministries of Labour
  • Labour Inspection Recommendation, 1923 (No. 20)
  • Labour Inspection Convention, 1947 (No. 81)
  • Labour Inspection (Agriculture) Convention, 1969
    (No. 129)
  • Labour Administration Convention, 1978 (No. 150)
  • Protocol of 1995 to the Labour Inspection
    Convention, 1947
  • Occupational Safety and Health Convention, 1981
    (No. 155)
  • Promotional Framework for OSH Convention, 2006
    (No. 187)

5
Relationship between institutions and policies
  • At the international level, institutions often
    considered secondary, as if they only reflect
    policies, yet they also shape them.
  • One question is how formal policy reforms
    (changes in institutional set-up) create a)
    deliberate policy changes and b) indirect and
    unintended effects?
  • For example, policy impact of changing mandates
    of labour ministries (employment agendas,
    vocational training, labour migration).
  • Effects (and risks) of agencification,
    decentralization and outsourcing of core
    services
  • Delicate balance between policy making and
    service delivery.

6
New operating conditions
  • Difficult economic environment high and
    persistent unemployment, increased inequality and
    austerity measures.
  • Key issue of compliance because of diversified
    labour force as well as multiplicity of
    employment relationships, informal economy.
  • Democratic reforms, spread of market economy and
    need of policy coordination the role of regional
    groupings and of global players (ILO, WB, IMF,
    OECD).
  • More transparency increased interest in
    governance.
  • More pragmatic political thinking in some
    quarters.
  • Recent crisis, an opportunity to create and adapt
    policies and institutions.

7
Main themes of the ILC Report
  • Policy making capacity of labour administration
    and its role in national development.
  • Modernisation of labour administration in the
    post-crisis environment.
  • Labour Inspection Trends and Challenges.

8
Policy making capacity
  • Place of MoL within the Government and within the
    national labour administration system.
  • Historically, a specific mandate protective
    legislation and promoter of sound labour
    relations.
  • More involvement in employment and macro-economic
    policies after WWII.
  • Today, what is the impact of MoL on government
    policies to make them employment-centred?
  • What is the range of MoL? what are the factors of
    influence?
  • Revisited mandate strategic and coordination
    capability, institutional capacity, co-operation
    with E/W organizations.

9
Policy making capacity (contd.)
  • Mandate important recent changes and
    organizational experiments.
  • Coordination through policy documents and through
    coordination organisms, including economic and
    social councils and similar bodies.
  • Institutional capacity budgetary allocations,
    human resources, material equipment, and working
    with data and appropriate internal structures.
  • Even if not directly comparable, there are
    substantial gaps between regions.
  • Gaps between policy strategies, laws and reality.
  • Focus on better use of existing resources, but
    critical mass necessary to make an impact.
  • Co-operation with W/E organizations asset of
    MoL. Political links and joint interests, but
    also working relationship, provision of data and
    other services.
  • Right balance between protection and
    developmental role.

10
The performance of labour administration
  • Paradox of increasing expectations and budgetary
    constraints do better with existing resources.
    Large scope for improving governance.
  • Two approaches to better performance traditional
    methods based on better control and on the
    promotion of traditional public sector values or
    the use of private sector methods.
  • New Public Management (NPM) since the 1990s
    incentives to managers to make decisions and
    allocate resources to produce better outcomes.
  • Management by objectives (MBO) establishing
    long-term objectives and more concrete outputs
    (goods and services) and outcomes (impacts).

11
The performance of labour administration (contd.)
  • Performance contracts as a link between
    achievements of organizations, its units and
    individuals (contractualism). Importance of
    qualitative indicators.
  • Evaluation of policies objective and systematic
    assessment is needed.
  • Performance related pay compared to centrally
    established and incremental salary scales with
    promotion as the main incentive. Mixed results
    increased motivation, but also undermined morale,
    jealousies and reduced cooperation.
  • Preconditions in terms of a mature, trust-based
    service culture are necessary.

12
The performance of labour administration (contd.)
  • Public-public partnership necessary taking into
    account the multi-disciplinary character of
    labour policy and the involvement of various
    public bodies.
  • For examples job-creation programmes sharing
    data-bases cooperation of various inspection
    bodies and the regulation of labour migration.
  • Public-private partnership in various fields of
    social services, job brokering, vocational
    training, research...
  • Requirements in terms of monitoring, evaluation,
    guarantee of individual rights, etc.
  • Appropriate managerial structures/methods in
    labour administration. The issue of managerial
    support services.
  • Human resources management effects of fair
    salaries, training, proper career planning and
    staff stability. The issue of political and
    administrative appointments.

13
The performance of labour administration (contd.)
  • Use of new technologies
  • Widespread of computers and of internet
    potential to improve the efficiency and
    effectiveness of labour administration (e.g.
    raising awareness, dissemination of information,
    transparent and consultative policy making).
  • Adoption of new technologies remains extremely
    uneven between countries.
  • Challenges for developing countries inadequate
    financial resources, underdeveloped ICT
    infrastructure, lack of expertise and literacy
    levels. Basic administrative reforms may be more
    efficient than ambitious investments in ICT.
  • Large and effective uses of simple tools adapted
    to countrys technological development (e.g.
    mobile phones).

14
The performance of labour administration (contd.)
  • A case study modernization of PES.
  • PES given a pre-eminent role, not only in
    delivery of services, but also in developing and
    testing employment programmes. Consequently,
    under pressure to make their services more
    efficient.
  • Institutional changes to achieve better coherence
    between active and passive labour policies.
    Integration of placement services and
    unemployment benefit administration.
  • Better use of new technologies (internet, on-line
    service and data management).
  • Customer service orientation.
  • Sophisticated indicators in performance
    measurement.
  • Delivery of services outsourced in some countries
    (Australia, Netherlands, UK) mixed results. What
    is the impact on employment policies?

15
Labour Inspection Trends and Challenges
  • LI essential part of the labour administration
    system exercising the fundamental function of law
    compliance.
  • Fundamentally, a public responsibility the risk
    that private initiatives (e.g. CSR) could
    undermine the role of national inspectorates.
  • Significant role of social partners advocacy,
    awareness raising and strategic planning.
  • Collaboration with other stakeholders (police,
    social security services, tax agencies, etc.) can
    improve its effectiveness.

16
Labour Inspection Trends and Challenges (contd.)
  • Traditional and new challenges.
  • Poor conditions in most developing countries
    threatening integrity and independence of the
    staff.
  • Informal economy, domestic work, undeclared work
    (e.g. construction, agriculture).
  • Regulation and prevention of child labour.
  • Discrimination issues gender, HIV/AIDS, race,
    national extraction, etc.

17
Labour Inspection Trends and Challenges (contd.)
  • Necessity to adapt to the changing world of work.
  • New inspection skills and strategies for
    prevention needed (complexity of industrial
    processes, new illnesses, mental stress,
    outsourcing, complex supply chains).
  • Improved data collection, use of special
    inspectors, involvement of social partners and
    media.
  • Cost cutting efforts of enterprises during the
    crisis inspections focus on wage payments and
    working time arrangements.
  • Fight against undeclared work inspection in
    specific sectors, strengthening of sanctions,
    promotional campaigns.

18
Labour Inspection Trends and Challenges (contd.)
  • Improving administrative and legal means of
    action.
  • Planning programming and reporting. Standardized
    administrative reports necessary. Management
    training of inspectors.
  • Involvement of social partners at the national
    level to encourage more targeted action (OSH
    issues).
  • Sanctions and remedies to fit a countrys
    regulatory and economic conditions.
  • Timely judicial proceedings and due process.
  • However, deterrence measures alone are not
    enough a good mix of prevention and sanction to
    be employed, including self-assessments and
    monitoring measures.
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