Characteristics of the international instruments of the ILO
Minimum protection floors
Flexibility
This feature reflects the protective nature of ILO instruments. National legislation may go beyond what is established by international labor standards, provided that it is in favor of the rights of individuals and groups protected by its provisions. Article 19.8 of the ILO Constitution states that “In no case shall the adoption of any Convention or Recommendation by the Conference, or the ratification of any Convention by any Member, be deemed to affect any law, award, custom or agreement which ensures more favourable conditions to the workers concerned than those provided for in the Convention or Recommendation.” Another special feature of international labor standards is their flexibility. In the light of the universal application of ILO's standardsetting instruments, which implies their acceptance or ratification by economically, socially, and culturally diverse countries, the ILO Conference has resorted to various means to give flexibility to the scope, methods of application, or substantive obligations of international standards. Any kind of flexibility requires explicit declaration.
7.2. What are the international instruments of the ILO? The ILO has international instruments of a diverse nature and scope: the Constitution, Declarations, international labor standards, and resolutions.
Constitution The ILO Constitution is the basic international instrument of the ILO and contains several functions:
ILO CONSTITUTION Treaty establishing an international organization
Instrument that establishes fundamental principles and values
This is the constituent treaty of the ILO. It was an integral part of the Treaty of Versailles, adopted in 1919, and ending the First World War. It is an instrument that establishes the fundamental principles and values of the ILO that serve as guidelines for the production of new international labor standards and guide the interpretation of existing ones. Universal and permanent peace can only be based on social justice. Work should not be considered simply as a commodity. The promotion of a truly humane labor system and the recognition of the principle of freedom of association.
PRACTICAL GUIDE TO TRADE UNION ACTION AT THE ILO
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