Law Times

Law Times • November 7, 2011 NEWS The changing workplace ILO considers labour arrangements in tough times H BY JULIUS MELNITZER For Law Times ow have recent econom- ic diffi culties around the world changed the world of work and the hours we devote to it? Th at was a key question dur- ing the United Nations' Interna- tional Labour Organization's fi rst international policy discussion on working-time issues in nearly 20 years last month. Th e topics included hours of work, annual leaves, part-time work, job shar- ing, fl exible arrangements, train- ing, and reduced hours. Th e purpose of the meet- ing was to review and advise on modern working-time arrange- ments. Th e focus included iden- tifying the main policy issues that would need to be addressed in order to develop future ILO guidance in this area. "Most signifi cantly, in re- sponse to a G20 request to identify job crisis measures, the experts reviewed processes used in the workplaces and put in place by national governments to respond to the impact of the global economic crisis on jobs and sustainability of enterpris- es," says Kevin Coon of Baker & McKenzie LLP's Toronto offi ce. He chaired the meet- ing as the representative of the United States Council for In- ternational Business and acted as the employer spokesperson for the event. Th e ILO is the international organization responsible for drawing up and overseeing in- ternational labour standards. It brings together representatives of governments, employers, and workers to jointly shape policies and programs promoting decent work conditions. Since 1919, the ILO has been setting international standards by formulating conventions for adoption by its members. Although only about 15 per cent of member states have his- torically ratifi ed these conven- tions, they've nonetheless been infl uential. "Traditionally, Canadian em- ployers have not been support- ive of ratifi cation because there are always elements with which it is diffi cult to comply," says Normand Côté, chairman of the Canadian Employers' Council. His organization's members em- ploy approximately 2.5 million Canadians. "What we tend to favour is working with govern- ments on those elements we can support, as well as developing instruments that may be less prescriptive than mandatory legislation and can be adapted to the Canadian market." Indeed, governments through- out the world have used ILO standards as benchmarks for formulating and setting policy. International standards are also making their way into debates around the appropriateness of back-to-work legislation in Canada. Untitled-1 1 www.lawtimesnews.com 11-09-14 9:11 PM "ILO and other global labour standards are increasingly fi nd- ing their way into governmental thinking and court rulings," says Coon. "While the ILO has oper- ated in relative obscurity so far as western and developed countries are concerned and has been a much more signifi cant force in undeveloped nations, there is a real trend to heightened aware- ness in the West." For example, in its 2007 decision in Health Services and Support – Facilities Subsector Bargaining Association v. Brit- ish Columbia, the Supreme Court of Canada noted that international human rights standards and labour laws pro- tect collective bargaining as part of freedom of association un- der the Charter of Rights and Freedoms. Th e court placed considerable weight on interna- tional conventions and instru- ments Canada has signed that expansively protect freedom of Political Rights, and the ILO's Convention No. 87 concern- ing freedom of association, all of which "provide a persuasive source for interpreting the scope of the Charter," said the court. Th e court also made extensive reference to international stan- dards in its controversial 2011 decision in Ontario v. Fraser, a ruling said to have signifi cantly narrowed the protection aff ord- ed to freedom of association in B.C. Health Services. From all appearances, then, 'ILO and other global labour standards are increasingly find- ing their way into governmen- tal thinking and court rulings,' says Kevin Coon. association and collective bar- gaining. Th ese documents in- clude the International Cov- enant on Economic, Social, and Cultural Rights, the Interna- tional Covenant on Civil and ILO developments are worth watching. And if the work plan formulated by Coon's seminar is any indication, there will be lots to follow. Included among the more noteworthy recommendations from the meeting are sugges- tions that the ILO monitor and research: • Th e working hours of em- ployees currently excluded from the scope of existing conventions on working time, including protections for them. • Th e eff ects of new informa- tion and communication technologies on the organi- zation of working time and work-life balance. • Working hours in the infor- mal economy. • Part-time workers' access to employment conditions equivalent to those of full- time employees. • Th e contemporary organiza- tion of working time. • Th e role and impact of work- ing-time adjustments in re- sponse to crises related to em- ployment, wages, and working conditions as well as enterprise sustainability and productivity improvement. • Th e budgetary and macro- economic impact of gov- ernment eff orts to support working-time adjustments in response to crisis. 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