GLOSSARY OF LABOUR LAW AND INDUSTRIAL RELATIONS

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Title pages 26 4 05 2 14 pm Page ii, Gianni Arrigo is Professor of Labour Law University of Bari Italy. Giuseppe Casale is Deputy Director Social Dialogue Labour Law and Labour. Administration Department ILO Geneva,Title pages 26 4 05 2 14 pm Page iii. GLOSSARY OF LABOUR LAW AND,INDUSTRIAL RELATIONS,with special reference to the European Union. General editors,Gianni Arrigo and Giuseppe Casale,INTERNATIONAL LABOUR OFFICE GENEVA. Prelims 30 3 05 2 18 pm Page 2,Copyright International Labour Organization 2005.
First published 2005, Publications of the International Labour Office enjoy copyright under Protocol 2 of the. Universal Copyright Convention Nevertheless short excerpts from them may be. reproduced without authorization on condition that the source is indicated For rights of. reproduction or translation application should be made to ILO Publications. Rights and Permissions International Labour Office CH 1211 Geneva 22 Switzerland. e mail pubdroit ilo org The International Labour Office welcomes such applications. Libraries institutions and other users registered in the United Kingdom with the. Copyright Licensing Agency 90 Tottenham Court Road London W1P 4LP. Fax 44 0 207 631 5500 email cla cla co uk in the United States with the. Copyright Clearance Center 222 Rosewood Drive Danvers MA 01923. Fax 1 978 750 4470 email info copyright com or in other countries with. associated Reproduction Rights Organizations may make photocopies in accordance. with the licences issued to them for this purpose,Arrigo G Casale G. Glossary on labour law and industrial relations with special reference to the European. Geneva International Labour Office 2005, Dictionary labour relations labour law workers rights community law international. labour standard comment definition EC country 13 06 1. ISBN 92 2 115731 8,ILO Cataloguing in Publication Data. The designations employed in ILO publications which are in conformity with United. Nations practice and the presentation of material therein do not imply the expression of. any opinion whatsoever on the part of the International Labour Office concerning the. legal status of any country area or territory or of its authorities or concerning the. delimitation of its frontiers, The responsibility for opinions expressed in signed articles studies and other.
contributions rests solely with their authors and publication does not constitute an. endorsement by the International Labour Office of the opinions expressed in them. Reference to names of firms and commercial products and processes does not imply their. endorsement by the International Labour Office and any failure to mention a particular. firm commercial product or process is not a sign of disapproval. ILO publications can be obtained through major booksellers or ILO local offices in many. countries or direct from ILO Publications International Labour Office. CH 1211 Geneva 22 Switzerland Catalogues or lists of new publications are available free. of charge from the above address or by email pubvente ilo org. Typeset by Magheross Graphics France Irlande www magheross com. Printed in Switzerland,Prelims 30 3 05 2 18 pm Page v. The Glossary on labour law and industrial relations aims to give a comprehensive. overview of the development and current status of labour law and industrial. relations issues including globalization and international labour standards In. this Glossary the reader will find reference to current achievements debates. ideas and programmes as highlighted in the 2004 Report of the Director General. on the World Commission on the Social Dimension of Globalization A fair. globalization The role of the ILO 1 Moreover there are cross references to both. international labour standards and European Union directives resolutions and. regulations In this respect the reader will notice that some of the definitions. from the public domain are taken from legislative and specialized texts dealing. with international standards and institutions in general. The Glossary touches on the most relevant issues surrounding the global. debate on the social dimension of globalization and places labour law and. industrial relations in this perspective These issues have been summarized in the. introduction to the Glossary for easy reference The Glossary has been conceived. as an educational tool and aims to be a storehouse of practical definitions. providing practitioners and scholars with advice and suggestions that may be. taken into account in their day to day activities The definitions given go further. than suggesting specific tools approaches and policies to practitioners. Employers workers and government officials can also profit from this Glossary. by familiarizing themselves with recognized and accepted international labour. practices in a number of domains of interest to them Therefore even where. definitions of certain industrial relations topics and or standards are not of. immediate practical relevance to their daily work the Glossary should. nevertheless give readers a useful perspective on the subject matter in question. which can broaden their horizons sharpen their awareness of possible future. problems and ultimately be used when they are faced with specific challenges. We hope that this Glossary can also contribute to the overall development of. a sound social dialogue and industrial relations system at different levels of the. economy However it is in no way intended to offer an exhaustive and detailed. International Labour Conference 92nd Session Geneva 2004. Prelims 30 3 05 2 18 pm Page vi,Glossary of labour law and industrial relations. treatment of all labour law and industrial relations issues but rather a reference. tool on selected issues found in international instruments and or social. institutions With this objective in mind and to make the significant provisions. of labour law and industrial relations more understandable to a wider audience. certain liberties have been taken by the authors when reformulating and in. several cases simplifying the terminology involved We hope that this has been. accomplished without distorting the meaning of the various standards or their. interpretation by the competent supervisory bodies Moreover we have sought. wherever relevant to sketch the practices surrounding the various provisions and. to elaborate on their significance and the possible utility of certain provisions for. workers employers and government representatives The Glossary should not. be used or regarded as an authoritative text on individual international labour. standards or on European Union labour law but as an easy reference work for. practitioners and scholars in the field of comparative labour law and industrial. Gianni Arrigo,Giuseppe Casale,Geneva April 2005,Prelims 30 3 05 2 18 pm Page vii. Foreword v,Acknowledgements ix, Principles and rights in labour law and industrial relations. Crisis stabilization and ongoing problems,Gianni Arrigo and Guiseppe Casale 1.
Globalization and fundamental rights at work,Wealth of notions and poverty of rights 1. The denationalization of labour law and the tendency. to internationalize fundamental rights at work 4, In search of a core set of fundamental social rights. The ILO Declaration of 1998 6, Industrial relations based on freedom of association and. the right to collective bargaining 14, Harmonization of labour laws through the prohibition. of slavery and forced labour 18,Discrimination in employment and occupation 20.
A concerted effort to eliminate child labour 25,Conclusion Ongoing problems in the application of. fundamental rights at work 29, Glossary of labour law and industrial relations 33. Prelims 30 3 05 2 18 pm Page viii,Prelims 30 3 05 2 18 pm Page ix. ACKNOWLEDGEMENTS, We should like to take this opportunity to thank the colleagues who contributed. in one way or another to the completion of this Glossary and for their. continuous support and cooperation, We are particularly grateful to Attilio Cinquepalmi who successfully typed.
and retyped the manuscript Special thanks are owed to Flory Luichi de Lopez. Bravo and Caitriona Emin of the Social Dialogue Labour Law and Labour. Administration Department who worked hard in formatting the entire text. A word of thanks is also due to ILO colleagues Cleo Doumbia Henry Jean. Yves Legouas Guillaume Loonis Quelen Giovanna Rossignotti Barbara Murray. and William Salter who contributed updated entries on specialized topics. Finally special appreciation goes to Rosemary Beattie Lauren Elsaesser May. Hofman jermark and Rita Natola of ILO Publications for their support and. commitment in making sure that this Glossary was in final shape before entering. the publishing process,To all of them many thanks,Prelims 30 3 05 2 18 pm Page x. Principles and Rights 30 3 05 2 14 pm Page 1,PRINCIPLES AND RIGHTS IN LABOUR LAW. AND INDUSTRIAL RELATIONS,CRISIS STABILIZATION AND ONGOING PROBLEMS. Gianni Arrigo and Giuseppe Casale, Globalization and fundamental rights at work Wealth of notions and poverty. Of the problems posed by globalization the safeguarding of social rights is one. that has received particular attention and has fuelled a debate in which it is. difficult to distinguish between rational arguments and those more strongly. influenced by politics and ideology A growing awareness is however emerging. of the difficulties preventing rights and notions such as those summarized in. this Glossary from being extended to all geopolitical contexts. Thus the difficulties involved in enabling large masses of citizens from. developing countries to share in the benefits of development including in terms. of progressive access to the economic and social rights of citizenship especially. in the current situation of tension and international conflict in different parts of. the world are increasingly perceived as the greatest contradiction of our time. This contradiction is all the more evident if compared with the proliferation of. international forums and the wealth of documents and instruments of varying. degrees of solemnity that have been issued since the end of the Second World. War with a view to protecting human and social rights. A realistic or pessimistic observer might assert that the wealth of. notions concerning international labour standards seems today to correspond. to a poverty of rights actually being enjoyed by a large proportion of workers. in the world Even more these rights are distributed unevenly They are con. centrated in certain geopolitical areas and less so in others According to this. view the low effectiveness of rights can be explained by the fact that many. charters of rights have merely a moral suasion since they are not equipped. with effective judicial guarantees Moreover the proliferation of international. and supranational forums for the protection of rights has thus far had only a. relative impact on the exclusive supremacy of state sovereignty in this sphere. It is legitimate to ask ourselves how much of an impact this process will in fact. be able to have in other words how effective will the supranational protection. mechanisms be And if more incisive international or supranational safeguards. were created it would be equally legitimate to wonder whether conflicts might. Principles and Rights 30 3 05 2 14 pm Page 2,Glossary of labour law and industrial relations.
arise between national and international Courts or whether the introduction of. more guarantees at different levels might better define the scope of the. provisions and generate synergies in the use of the instruments adopted. Nevertheless the above reasoning does not take account of the fact that other. charters no less numerous provide more incisive forms of deterrence against. breaches of human rights by safeguarding their minimum standards against States. that fail to respect them Nor does it take into account the fact that international. law is increasingly becoming a means of channelling a shared ethic into the. legislative traditions of individual States, Through their charters and or declarations of rights the international. organizations penetrate national legislative systems to inject a requirement to. respect basic human rights Until the First World War the State was the only. effective entity able to guarantee the protection of fundamental human rights as. it was able to provide protection from abuses by public institutions therefore. also from its own powers and from abuses by private powers We do not mean. by this to deny the existence of limits to the degree to which fundamental human. rights can be guaranteed at the international level These limits are determined. not only by the sphere of application and the effectiveness of the source of. international law governing it but also by the nature and substance of the. obligation to respect the rights in question imposed by international law on the. State as well as by the enunciation of the right protected in each of the inter. national laws With respect to the enunciation of the protected fundamental. rights we know that a distinction can be made in international law between. absolute rights and rights subject to limitations, Included in the first category are those rights set forth in such a way that. States have no way of limiting their scope The second category co. of labour law and industrial relations more understandable to a wider audience certain liberties have been taken by the authors when reformulating and in several cases simplifying the terminology involved We hope that this has been accomplished without distorting the meaning of the various standards or their interpretation by the competent supervisory bodies Moreover we have sought

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