Valerio De Stefano

To whom do ILO standards apply? The personal scope of International Labour Standards

  • Abstract

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Keywords: Personal Scope of International Labour Standards; International Labour Organization; Employment Relationship; Work Au-Delà De L'emploi.

This essay investigates the personal scope of the International Labour Standards of the ILO. By analysing the wording of International Labour Standards (ILSs) and the opinions of the ILO Supervisory Bodies, it argues that there is not a universal international definition of "employees" or of the "employment contract" or "the employment relationship". It suggests that even when ILSs do use such terms as "employment" or "employment relationship" the personal scope of ILO instruments should be determined on a case-by-case basis, also by referring to the "travaux préparatoires" and to the opinions of the Supervisory Bodies and by taking into account the objectives of the relevant instruments. This article examines in particular the ILO Fundamental Conventions and their application by the ILO Supervisory Bodies and refers to debates currently taking place at the ILO on the adoption of ILSs on the elimination of violence and harassment in the world of work and of a Universal Labour Guarantee that apply to "all workers, regardless of their contractual arrangement or employment status".

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