International Labour Organization (ILO)
The most important institution in the field of international employment and social policy is the International Labour Organization (ILO). The ILO Core Labour Standards play a significant role not only in national legislation and case law, but also for companies, particularly with regard to fulfilling their human rights due diligence obligations. For German employers, the Confederation of German Employers’ Associations (BDA) actively participates in the deliberations of the International Labour Conference and is represented on the ILO’s Governing Body.
Strengthening the voice of employers in shaping international social policy
The ILO was founded in 1919 as part of the Treaty of Versailles, making it the oldest specialized agency of the United Nations. The ILO plays a key role in the formulation and implementation of international labor and social standards (especially the core labor standards). Due to its tripartite structure, which is unique in the UN system, representatives of employees and employers are also represented in the bodies of the ILO alongside government delegates.
In total, the ILO has adopted 190 conventions and 205 recommendations during its more than one hundred years of existence. When ratified by governments, conventions create legal obligations for the member states concerned. The ILO conventions can only become effective in Germany if the legislator gives its consent (Art. 59 of the Basic Law). They only bind the subjects of international law, i.e. the states. In order for them to have a binding effect on individuals, they must generally be transposed into national law (transformation law). Recommendations and declarations are concrete aids based on the conventions and provide guidance on the direction of ILO policy. They do not have to be ratified. All ILO standards are adopted by the International Labor Conference, which meets once a year in Geneva.
The "Declaration on Fundamental Principles and Rights at Work" of 1998, which sets out the so-called core labor standards, plays a special role:
- Freedom of association and the right to collective bargaining
- Ban on forced labor
- Ban on child labor
- Prohibition of discrimination in employment and occupation
- The right to healthy and safe working conditions.
The universal applicability of the core labor standards means that ILO member states are obliged to comply with these fundamental principles in good faith and in accordance with the Constitution, even if they have not ratified the relevant conventions.
ILO standards play an important role in national labor and social legislation. The ILO conventions and sometimes even ILO recommendations also play a consistent role in many decisions of the Federal Labor Court and the Federal Constitutional Court in Germany. In some cases, it is rightly emphasized that ILO conventions are not directly applicable national law, but on the other hand, the Federal Labour Court repeatedly reviews the compatibility of national law with ILO conventions ratified by Germany.
The ILO core labor standards are also important for corporate practice. They must be examined and observed as part of the human rights responsibility of companies. In addition, many codes of conduct contain references to important ILO standards. For example, thyssenkrupp's Code of Conduct states that the company is committed to the core labor standards of the ILO.
Flagship Initiative of the ILO's Global Coalition for Social Justice
The Global Coalition for Social Justice (GCSJ) provides an opportunity to highlight the important role of the social partners at international level and to promote their involvement in social policy initiatives led by other UN organisations. The GCSJ also offers an international platform through which employers can showcase their commitment to achieving the UN 2030 Agenda for Sustainable Development, in particular Goal 8: Decent Work and Economic Growth.
The GCSJ is the most significant policy initiative of the Director-General of the ILO. Through this initiative, policy coherence and multilateral cooperation in the field of labour and social policy across the UN system are strengthened. It also highlights the involvement of the social partners through the ILO’s tripartite structure and promotes their participation in labour and social policy issues within other UN organisations.
In practical terms, the GCSJ is being established as an ILO-led platform that employers’ organisations and companies, trade unions, international organisations, non-governmental organisations, and other stakeholders can join. It also provides an opportunity to make the commitment and contributions of employers’ associations and companies towards achieving Goal 8 of the UN Sustainable Development Goals more visible at global level.
Through the BDA’s membership of the GCSJ, member associations and companies have the opportunity to engage in a structured exchange with other associations, international organisations and stakeholders. The platform also serves as a forum for knowledge-sharing and the collection of good practices relating to the implementation of the objectives of the UN 2030 Agenda. Participation in the initiative does not entail any financial commitments or reporting obligations.
Further information: Concept Note of the Global Coalition
