Skip to main content Accessibility help
×
Home
Hostname: page-component-55597f9d44-mm7gn Total loading time: 0.671 Render date: 2022-08-17T08:35:08.169Z Has data issue: true Feature Flags: { "shouldUseShareProductTool": true, "shouldUseHypothesis": true, "isUnsiloEnabled": true, "useRatesEcommerce": false, "useNewApi": true } hasContentIssue true

2 - Collective Labour Rights for Working People

The Legal Framework Established by the International Labour Organization

Published online by Cambridge University Press:  05 May 2022

Sanjukta Paul
Affiliation:
Wayne State University, Detroit
Shae McCrystal
Affiliation:
University of Sydney
Ewan McGaughey
Affiliation:
King's College London
Get access

Summary

This chapter analyses the evolution of International Labour Organization (ILO) standards governing who is entitled to claim collective labour rights. It argues that the personal scope of such rights extends beyond ‘the standard employment relationship’, with implications for the scope of competition law. The first part analyses treatment of freedom of association and collective bargaining in constitutional and other declaratory ILO instruments, identifying the broad protectorate of these entitlements, reflecting the desire to promote equality and resist commodification of labour. These constitutional norms have been further reinforced by proposals for a universal labour guarantee and acknowledgement of the role of collective voice in promoting sustainability. The second part examines fundamental ILO Conventions Nos 87 and 98 on the right to organise and collective bargaining, Recommendation No. 198 on the employment relationship and the findings of ILO supervisory bodies which apply these standards in a manner consistent with established constitutional norms. While supervisory bodies encourage states to consult with social partners to modify existing collective bargaining systems to reflect the needs of ‘self-employed workers’, this should be understood less as a concession to managerial prerogative, but more as promotion of reform protecting the vulnerable in a changing world of work.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2022

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×