Jean-Michel Servais

Ce livre ne cherche pas tout dire sur le droit de l'Organisation internationale du travail (OIT). L'auteur a d j publi un trait de droit international du travail en anglais et fran ais qui a t traduit en espagnol. Le pr sent ouvrage ne consiste pas non plus d crire, d'une mani re plus ou moins autobiographique, ses exp riences de haut fonctionnaire dans cette institution supranationale. Son objet est de tirer de la pratique du droit compar , acquise par ses activit s professionnelles, une r flexion sur la capacit d'une organisation internationale tudier, analyser et r soudre par le droit des questions qui d passent les limites d'un tat, par leur ampleur ou par leurs effets. La carri re de Jean-Michel Servais s'est d roul e pour l'essentiel dans cet environnement, singuli rement l'OIT o il a servi plus de 33 ans, Gen ve, mais aussi Bangkok et Beyrouth. Son travail l'a conduit rencontrer d'innombrables probl mes sociaux, contribuer les r soudre avec des succ s, divers certes, mais plus nombreux qu'il ne pouvait l'esp rer au d part. Son m tier lui a permis de collaborer avec des femmes et des hommes de hautes qualit s intellectuelles et morales au d vouement quelquefois admirable, de visiter une grande majorit des pays de la plan te, de croiser des personnalit s qui ont marqu l'histoire contemporaine. Il y d fend la th se que l'Organisation fait moins que ce dont on r ve, mais bien davantage que ce que l'on pense g n ralement.

No one will deny that labour standards comprise a necessary framework for balanced economic and social development. Yet on a global level such balanced development has not occurred, despite the existence of a rigorous body of international labour law that has been active and growing for almost one hundred years. The implementation of this law devolves upon states; yet many states have failed to honour it. If we are to take serious steps toward a remedy for this situation, there is no better place to start than a thorough, well-researched survey and analysis of existing international labour law - its sources, its content, its historical development, and an informed consideration of the barriers to its full effectiveness. This book is exactly such a resource. It provides in-depth interpretation of the crucial International Labour Organisation (ILO) instruments - Constitution, conventions, declarations, resolutions, and recommendations - as well as such other sources of law as the OECD Guidelines for Multinational Enterprises and various model and actual corporate codes of conduct. Among the substantive areas of labour law covered in this book are the following: - the relationship between international labour law and economic competition - standards on industrial relations - collective bargaining and dispute settlement procedures - protection of trade unions - prohibitions on enforced and child labour - promotion of equal opportunity and treatment - time and rest provisions - wage determination and protection - occupational health and safety provisions - special issues on non-standard forms of employment - foreign and migrant workers - social security provisions - privacy protection - precarious work The presentation demonstrates that these rules and standards offer invaluable benchmarks to governments, judiciaries, employers, and trade unions. The book's combination of detailed commentary and an overarching social policy will make it especially valuable to legislators, human resources managers, employers' organizations, trade unions, jurists, and academics concerned with the role of work in our globalized social system. This eighth edition of the book by Jean-Michel Servais analyses the potential of those standards in a globalized world, and the necessary evolution. It examines the actual implementation of those rules in the national context, comparing different experiences. It integrates the latest instruments. It examines the most recent public debates on labour regulation (dealing with health and security at work, personal data, minimum wages, social security, strikes, etc.), updates the bibliography and opens some perspectives for the future work of the global institutions.

Although a sophisticated body of international social security law is active and growing, a number of States still appear unable to honour it. This thorough, well-researched survey and analysis of existing international social security law - its sources, its content, its historical development - is thus especially valuable for its informed consideration of the barriers to the law's full effectiveness. Part of the renowned multi-volume Encyclopaedia of Laws, the book focuses on the analysis of the International Labour Organization (ILO) Conventions and Recommendations on Social Security. It examines the most recent public debates on social protection (dealing with health insurance, unemployment benefits, pension age, minimum income, social security benefits in case of expatriation, parental leave, and much more), includes an updated bibliography, and opens some perspectives for the future work of the global institutions. It integrates the latest instruments, in particular ILO Recommendation No. 202 concerning national floors of social protection. Even in the absence of ratification and therefore of legal force, international social security standards are invaluable benchmarks in comparative law. Indeed, ILO standards are both useful instruments of analysis and excellent yardsticks for identifying common denominators among national systems. For these reasons this book will be welcomed by legislators, government officials, employers' organizations, trade unions, and the judiciary, as well as by human resources managers and academics.

No one will deny that labour standards comprise a necessary framework for balanced economic and social development. Yet on a global level such balanced development has not occurred, despite the existence of a rigorous body of international labour law that has been active and growing for almost one hundred years. The implementation of this law devolves upon states; yet many states have failed to honour it. If we are to take serious steps toward a remedy for this situation, there is no better place to start than a thorough, well-researched survey and analysis of existing international labour law - its sources, its content, its historical development, and an informed consideration of the barriers to its full effectiveness. This book is exactly such a resource. It provides in-depth interpretation of the crucial International Labour Organisation (ILO) instruments - Constitution, conventions, declarations, resolutions, and recommendations - as well as such other sources of law as the OECD Guidelines for Multinational Enterprises and various model and actual corporate codes of conduct. Among the substantive areas of labour law covered in this book are the following: the relationship between international labour law and economic competition standards on industrial relations collective bargaining and dispute settlement procedures protection of trade unions prohibitions on enforced and child labour promotion of equal opportunity and treatment time and rest provisions wage determination and protection occupational health and safety provisions special issues on non-standard forms of employment foreign and migrant workers social security provisions privacy protection precarious work The presentation demonstrates that these rules and standards offer invaluable benchmarks to governments, judiciaries, employers, and trade unions. The book's combination of detailed commentary and an overarching social policy will make it especially valuable to legislators, human resources managers, employers' organizations, trade unions, jurists, and academics concerned with the role of work in our globalized social system.

Inevitably, numerous international regulations and conventions pertaining to labour and social security have followed in the wake of the onrush of economic globalization, greatly augmenting the considerable legal regime developed by the International Labour Organisation (ILO) and the United Nations (UN) during the mid and late twentieth century. This book presents as complete and up-to-date a codification as possible of international labour and social security law, with texts of the most important documents and direct reference to print and online sources of all relevant conventions, regulations, recommendations, agreements, declarations and guidelines. The codification encompasses all pertinent promulgations of the UN, the ILO, the North American Free Trade Association (NAFTA), and the Organisation for Economic Cooperation and Development (OECD). Among the texts reprinted in full are the following: The Universal Declaration of Human Rights (UN); International Convention on the Elimination of All Forms of Racial Discrimination (UN); International Covenant on Economic, Social, and Cultural Rights (UN); International Covenant on Civil and Political Rights (UN); Convention on the Elimination of All Forms of Discrimination Against Women (UN); Convention on the Rights of the Child (UN); Constitution of the ILO; ILO Conventions covering such issues as forced labour, employment of children, maternity, protection against unemployment, freedom of association and protection of the right to organise and to bargain collectively, vocational guidance and training, and employment of indigenous peoples; ILO Conventions protecting workers against such workplace hazards as ionising radiation, carcinogenic substances and agents, air pollution, noise and vibration; Declaration of Principles Concerning Multinational Enterprises (ILO); Declaration on Fundamental Principles and Rights at Work (ILO); North American Agreement on Labor Cooperation; and OECD Guidelines for Multinational Enterprises.