Monitoring International Labor Standards National Legal Frameworks: Summary of a Workshop (2003) / Chapter Skim
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3. Implementing International Standards at the National Level
3. Implementing International Standards at the National Level
Pages 17-29
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From page 17... ...
, provided the National Academies Committee on Monitoring International Labor Standards (CMILS) with a more indepth look at some of the critical factors affecting the coverage and implementation of national laws in the Philippines as well as the lessons learned from the unique role of the ILO in monitoring garment factories as part of a U.S.
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From page 18... ...
Labor Law and Implementation in the Philippines After providing this contextual information on the labor market in the Philippines, Mr. Palafox turned to the legal framework, which he described as "the most strict, the most complete, most comprehensive set of social labor legislation." All of the ILO's fundamental rights are addressed in the
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From page 19... ...
Mr. Palafox discussed several issues relating to specific worker categories that often fall outside the coverage of national labor law.
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From page 21... ...
Mr. Palafox concluded by listing several issues to consider for an improved understanding of national compliance with international labor standards, based on the experience of the Philippines: · Population growth, levels of poverty, unemployment, and economic development should always be the context for a deeper understanding of compliance with international labor standards.
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From page 22... ...
The agreement set export quotas from Cambodia to the United States for 13 categories of textiles and allowed a 14 percent annual bonus increase in that quota as long as Cambodia supported "the implementation of a programme to improve working conditions in the textile sector, including recognised core labour standards, through the application of Cambodian labour law." The original three-year agreement was extended for an additional three years at the end of 2001, and the possible annual bonus was increased to 18 percent. Monitoring Working Conditions in Cambodia While the initial ILO project was to include three components capacity building, monitoring of working conditions, and legislation and education Mr.
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From page 23... ...
The final report, which is sent to the parties of the trade agreement and posted on the ILO website, describes problems, makes recommendations for improvements, and notes whether the factory management has agreed with the ILO's findings.2 Four synthesis reports were produced between November 2001 and September 2002. The third report contained information for 30 factories, gathered after a three- to four-month "grace period" and follow-up monitoring visits to the factories.
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From page 25... ...
Improvement with regard to wages occurs the incorrect payment of work occurs in a work occurs in a ensuring that overtime work substantial number of substantial number is undertaken voluntarily factories of factories 6. Overtime hours beyond 6.
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From page 26... ...
Sibbel explained that the perceived lack of transparency in the process of determining bonus allocations by the United States can continue to frustrate factory managers and call into question their incentives to participate in the monitoring program. The Cambodian government has taken the view that ILO monitors can replace the ineffective national labor inspectors and has ceased inspections in participating factories.
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From page 27... ...
Mr. Sibbel responded that the motivation for factory managers stems from the desire to create a positive image in the hope of securing a share of the market before 2005 "when people expect big sucking sounds from China." Employers are starting to put pressure on the Cambodian government to enforce the laws because they realize that several bad actors could reflect badly on the sector as a whole when future sourcing decisions are made.
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From page 28... ...
Mr. Sibbel said that when the ILO monitors are investigating child labor cases, they have occasionally brought government inspectors with them to the villages.
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From page 29... ...
Forced labor cases involved a "menace of a penalty" beyond unemployment, such as penal sanctions or other losses of rights and privileges. "The economic reality is that a lot of workers do not have that freedom because they need that job, but from a legal ILO point of view, there is a difference between forced labor and forced overtime," Mr.
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