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

International Labour Organization Decent Work Team and Office for the Caribbean Strategy for harmonization of labour laws: A discussion on options Shingo Miyake ILO Decent Work Team and Office for the Caribbean 23 February 2017 th 10 ILO Meeting of Caribbean Ministers of Labour, Kingston, Jamaica

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

Harmonization in the Caribbean: A model law approach 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 10th ILO Meeting of Caribbean Ministers of Labour, Kingston, Jamaica

A principle-based approach in the Caribbean CARICOM Declaration of Labour and Industrial Relations Principles (1995) • Wide-ranging subjects are covered • References can be brief, without elaborating on principles and standards 10th ILO Meeting of Caribbean Ministers of Labour, Kingston, Jamaica

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

Proposed way forward: Combined approach Practical Instrument Model tools of principles provisions Model Tools “Labour Charter” Model (Revived Declaration of Labour and Industrial Relations Principles ) Tool Model • Daily working • In case of shifts, • Standard form to Examples hours is 8 hours hours of work record working hours shall be… For law- For law-making implementing 10th ILO Meeting of Caribbean Ministers of Labour, Kingston, Jamaica

Translating into action: Possible next steps 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 10th ILO Meeting of Caribbean Ministers of Labour, Kingston, Jamaica