Background and rationaleInternational labour standards (ILS) adopted by the International Labour Organization (ILO) are important tools for the development of national legislation. However, the contribution of international labour law is not limited to its impact on labour legislation. ILS can also contribute to strengthening domestic case law on labour matters, including in times of crisis and hardship where fundamental principles and rights at work are at risk and a sound and unitary case law is key.
International labour law is a highly valuable resource for domestic judges and lawyers seeking to settle labour disputes. Together with the comments and analysis of the relevant supervisory bodies, ILS offer a matchless source of interpretation and inspiration for judges and lawyers in ILO member States. Several examples show that domestic courts are hesitating less and less to draw not only on international labour Conventions and Recommendations but also on the work of the ILO’s supervisory bodies to interpret and complement their domestic law.
The International Training Centre (ITCILO) in Turin, Italy, in collaboration with the ILO, accordingly encourage the exchanges among judges to enhance use of the sources of international labour law in dispute settlement.
The General Objective of the workshop is twofold:• to strengthen participants’ knowledge and skills to use international labour law sources at national level;
• to facilitate the sharing of experiences and practices among peers.
Specific objectives of the workshop is that participants will:• have an in-depth knowledge of the ILS system;
• be able to determine how to best use international labour law to solve labour disputes;
• understand the relevance of the analysis and pronouncements of the ILO’s supervisory bodies and use them;
• be able to identify and make use of ILS in key selected areas; and
• be able to find and use resources and tools on ILS and case-law relying on them.
ParticipantsThe workshop is intended for judges from courts and tribunals that deal with labour litigation in Mongolia. In total, twenty labour lawyers, legal experts, judges and representatives of the National Human Rights Commission and the Ministry of Labour and Social Protection will participate and can equally benefit from the workshop.
Structure and contentThe course structure is based on the premise that participants are already versed in legal concepts and thinking. To enable participants to use the source of international labour law at national level, the course will cover the following:
• Module 1: The ILO and the international labour standards system: legal nature and main characteristics of ILO standards; ILS procedures from their elaboration and adoption to national application;
• Module 2: The use of the work of ILO’s supervisory bodies: the work of the ILO supervisory bodies and its relevance to judges;
• Module 3: When and how domestic judges and lawyers can use international labour law to solve labour disputes: case law on the judicial use of the international labour standards
• Module 4: The relevance of ILS on specific areas: the content and judicial use of ILS in specific thematic subject matters;
Throughout the course, the participants will learn about the ILO’s and ITCILO’s databases on ILS and case-law relying on them, and other resources on the Net.
Methodology and materialsMethods used in the workshop aim to take advantage of the participants’ high-level of competencies and experience. Considerable time will therefore be devoted to case studies and group discussions.
The materials used during the workshop include a training manual on “International Labour Law and Domestic Law” and a compendium of court decisions from numerous jurisdictions around the world, which have relied on ILS.
As an Organization dedicated to promoting social justice and internationally recognized human and labour rights, the ILO is taking a leading role in international efforts to foster gender equality. In line with this ILO focus, women are particularly encouraged to apply to ITCILO courses.
For further information, please contact:ILO Country Office for China and Mongolia
ILO National Coordinator’s Office in Ulaanbaatar
UN House 209,
United Nations Street
International Training Centre of the ILO
Programme on International Labour Standards, Rights at Work and Gender Equality
Viale Maestri del Lavoro, 10 - 10127 Turin - Italy
Phone: +39.011.693.6920-6600 / Fax: +39.011.639.1913