International Labour Law & Globalization || 04/02/2020
Lecture 1 – Introduction to International Labour Law & Globalization
[SIDENOTE]
*career portal*
Mentor programme, cv checks; afspraak maken, individueel consult 30 minuten
Course content / themes
What are the most important labour rights internationally?
Why do they matter?
Where can we find those rights?
How are they applied and monitored?
Course structure
- Method: 11 interactive lectures
- Literature: mandatory and suggested
- Examination: research paper and exam (50/50)
Today: Introduction to ILL
• Labour Law?
• International Labour Law?
I. Problems?
II. Globalisation?
III. Sources?
Slide 5: Labour law
Why do you need labour law? What is the idea of labour law?
Because of the disbalance of power between the employer and employee
To protect the rights of the employees
To regulate the labour market in general
Combination of social and economic goals; not always to protect the worker (social) but also
to regulate the market (economical)
What is an employment contract?
o For safety
Slide 6: why is labour law needed?
• Necessity?
Subordination and power imbalances
(bargaining power disadvantage, double dependency)
Basically, the employee is at a bargaining disadvantage, and is dependent in 2 ways
Legally
Economically
o Main source of income is job
• Purpose?
Justice in employment Social justice (broad)
productive labour relations
, • Content? 2 sided:
Substantively: included in laws and regulations; working hours, prohibition of child labour
Procedurally: rights to a fair bargaining process; how can you make sure the right people negotiate
the terms of laws that protect employees?
“Industrial Democracy”
Slide 7: legal instruments / different sections
Individual labour law
o The employment contract, protection against dismissal, individual rights in labour
codes, health and safety regulation
Collective labour law
o Collective agreements, trade unions, employers organisations
Social security law
o Not relevant if you have a job, but only if you don’t / cant have a job; unemployment,
sickness benefits, pregnancy
INTERNATIONAL?
But why would you need international labour standards?
5 min clip shows dhaka garment factory disaster 2013 https://www.youtube.com/watch?
v=9Fkhzdc4ybw
Slide 8: disaster 2013
Revealed / highlighted widespread and persistent problems regarding working conditions
and labour rights in low income countries
Need for fundamental labour standards in globalizing economy
Social dumping; going to different countries where the labour is the cheapest to make these
products
Sweatshop phenomenon: workshop where people work without minimum international
standards - usually related to fashion items – located in countries where the labour law is
very low. Even with high protection standards however, they will migrate to other places
where the law is not as strict
There is also an issue of responsibility; does it lay with the client, who buys the cheap
products? Or does it lay with the governments who allow this? But which government
where it’s made or where its sold?
I. Problems
1. Child Labour
2. Forced Labour
3. Discrimination / Equal Treatment
4. Freedom of Association and Collective Bargaining
5. Occupational Safety and Health (OSH)
6. Social Security
1. Child labour
Health, mental and physical development, education
Sub-Sahara Africa, Asia, Latin-American, middle east (but also e.g. turkey)
ILO C138
o Convention about Minimum age and employment
ILO and C182
Lecture 1 – Introduction to International Labour Law & Globalization
[SIDENOTE]
*career portal*
Mentor programme, cv checks; afspraak maken, individueel consult 30 minuten
Course content / themes
What are the most important labour rights internationally?
Why do they matter?
Where can we find those rights?
How are they applied and monitored?
Course structure
- Method: 11 interactive lectures
- Literature: mandatory and suggested
- Examination: research paper and exam (50/50)
Today: Introduction to ILL
• Labour Law?
• International Labour Law?
I. Problems?
II. Globalisation?
III. Sources?
Slide 5: Labour law
Why do you need labour law? What is the idea of labour law?
Because of the disbalance of power between the employer and employee
To protect the rights of the employees
To regulate the labour market in general
Combination of social and economic goals; not always to protect the worker (social) but also
to regulate the market (economical)
What is an employment contract?
o For safety
Slide 6: why is labour law needed?
• Necessity?
Subordination and power imbalances
(bargaining power disadvantage, double dependency)
Basically, the employee is at a bargaining disadvantage, and is dependent in 2 ways
Legally
Economically
o Main source of income is job
• Purpose?
Justice in employment Social justice (broad)
productive labour relations
, • Content? 2 sided:
Substantively: included in laws and regulations; working hours, prohibition of child labour
Procedurally: rights to a fair bargaining process; how can you make sure the right people negotiate
the terms of laws that protect employees?
“Industrial Democracy”
Slide 7: legal instruments / different sections
Individual labour law
o The employment contract, protection against dismissal, individual rights in labour
codes, health and safety regulation
Collective labour law
o Collective agreements, trade unions, employers organisations
Social security law
o Not relevant if you have a job, but only if you don’t / cant have a job; unemployment,
sickness benefits, pregnancy
INTERNATIONAL?
But why would you need international labour standards?
5 min clip shows dhaka garment factory disaster 2013 https://www.youtube.com/watch?
v=9Fkhzdc4ybw
Slide 8: disaster 2013
Revealed / highlighted widespread and persistent problems regarding working conditions
and labour rights in low income countries
Need for fundamental labour standards in globalizing economy
Social dumping; going to different countries where the labour is the cheapest to make these
products
Sweatshop phenomenon: workshop where people work without minimum international
standards - usually related to fashion items – located in countries where the labour law is
very low. Even with high protection standards however, they will migrate to other places
where the law is not as strict
There is also an issue of responsibility; does it lay with the client, who buys the cheap
products? Or does it lay with the governments who allow this? But which government
where it’s made or where its sold?
I. Problems
1. Child Labour
2. Forced Labour
3. Discrimination / Equal Treatment
4. Freedom of Association and Collective Bargaining
5. Occupational Safety and Health (OSH)
6. Social Security
1. Child labour
Health, mental and physical development, education
Sub-Sahara Africa, Asia, Latin-American, middle east (but also e.g. turkey)
ILO C138
o Convention about Minimum age and employment
ILO and C182
