by Maybell Padilla Pérez *
Freedom
The Preamble to the Constitution, includes the recognition of the principle of freedom of association as a prerequisite for peace and harmony universal. In Philadelphia, proclaimed in 1944, states that freedom of expression and association are essential to sustained progress.
Since the inception of the ILO, freedom of association is one of the fundamental values \u200b\u200bof that organization, underscoring the need to adopt measures to delineate the precise content of that concept, and to state its content in a formal instrument, with the aim of promoting and monitoring their scope.
As a principle in the Constitution and its Member States, constitutes an international obligation of the same. Although a nation not to ratify the Conventions sobre libertad sindical, tiene la obligación de cumplir y aplicar las directrices que les son consustanciales.
La Resolución sobre los Derechos Sindicales y su Relación con las Libertades Civiles, de 1970, hizo hincapié en que las libertades se definen en la Declaración Universal de Derechos Humanos y en que ellas son esenciales para el ejercicio normal de los derechos sindicales; es decir, la libertad sindical es inseparable del derecho a la libertad y a la seguridad de la persona y a la protección contra la detención y la prisión arbitraria.
Los instrumentos jurídicos básicos sobre la libertad sindical están contenidos en los convenios números 87 (sobre la Libertad Sindical y la Protección the Right to Organise), 1948, and 98 (on the Right to Organise and Collective Bargaining), 1949. They aim to promote and guarantee the fundamental labor rights within the broader field of economic, social and cultural rights.
The principles contained in these agreements do not assume a uniform pattern of union organization, but constitute the pattern should be judged according to which freedom of a union movement, whatever its form of organization.
two instruments complement each other: As the Number 87 concerns the free exercise of the right to organize, in conjunction fundamental to the rule, 98, on the one hand, essentially protects workers and their organizations against acts of discrimination and interference by employers and governments, and secondly, it encourages and promotes collective bargaining.
Wage Protection
In 1944, the International Labour Confederation met in Philadelphia. This time it was submitted a report containing the draft of the Declaration of Philadelphia, which became the Organization suggestions for future agenda. Among other things, noted that wage policy was at the center of the ILO, but until then, had been taken three sets of international standards on the subject. In that report it was stated that:
In many countries, especially in rural areas, would also be useful an agreement or recommendation on methods of payment of wages to establish the rules for payment at regular intervals conditions would be subject to discounts and advances of wages, prohibition of requiring workers to buy goods with their wages offered by the employer, the criteria applicable to partial payments in kind, protection of wages in legal proceedings and similar issues.
The obligation to set wages minimum was established for the first time in 1928 by Convention No. 26 and Recommendation No. 30, applied to industry and commerce. Later, in 1949, appears the Convention No. 95, supplemented by Recommendation No. 85 of that year. The Convention, which is of general application, should serve to protect workers from unfair procedures, which may place them under the jurisdiction of the employer, and also to ensure that wages are paid in full and without delay.
In 1951, the International Labour Conference adopted the Convention for agriculture No. 99 and Recommendation No. 89, which imposed the obligation to establish or maintain operation- methods for establishing minimum wage rates, in collaboration with representatives of employers and workers concerned. They also provide a system of control and sanctions.
The latest regulations on the pot are contained in Convention No. 131 and Recommendation No. 135 of 1970, which take into account the needs of developing countries. Foresee the need to establish a minimum wage apply to employees whose employment conditions would be appropriate application of that system. Also, indicate the elements to take into account in determining the level of wages and provide for the periodic adjustment of the level. It should be mentioned Convention No. 173 of 1992 on the protection of the claims in the event of employer insolvency.
Right to Strike
The right to strike is explicitly recognized labor rights in Article 8, paragraph 4, of the International Covenant on Economic, Social and Cultural Rights (ICESCR) and the Protocol of San Salvador, American System instrument which came into force in December 2000. Also in the ILO Report III (Part 4B), International Labour Conference (81 th Session, 1994) on Freedom of Association and Collective Bargaining (Chapter V: The right to strike, pages 65 to 83, Geneva, 1994).
Although this right is not expressly recognized in the Convention No. 87 of 1948 (on Freedom of Association and Protection of the Right to Organise), or any other agreement related to trade union rights, CFA Governing Council of the Poit has considered establishing basic rights of workers and their organizations in defending their occupational interests. The Committee of Experts has linked the right to recognize workers' organizations and employers to organize their activities and formulate their programs in order to promote and defend the interests of its members (Articles 3, 8 and 10 of Convention No. 87), with the need for means of action to enable them to exert pressure to achieve their demands. Accordingly, the Commission has taken the view that the ordinary meaning of the term "action program" includes the right to strike
Freedom
The Preamble to the Constitution, includes the recognition of the principle of freedom of association as a prerequisite for peace and harmony universal. In Philadelphia, proclaimed in 1944, states that freedom of expression and association are essential to sustained progress.
Since the inception of the ILO, freedom of association is one of the fundamental values \u200b\u200bof that organization, underscoring the need to adopt measures to delineate the precise content of that concept, and to state its content in a formal instrument, with the aim of promoting and monitoring their scope.
As a principle in the Constitution and its Member States, constitutes an international obligation of the same. Although a nation not to ratify the Conventions sobre libertad sindical, tiene la obligación de cumplir y aplicar las directrices que les son consustanciales.
La Resolución sobre los Derechos Sindicales y su Relación con las Libertades Civiles, de 1970, hizo hincapié en que las libertades se definen en la Declaración Universal de Derechos Humanos y en que ellas son esenciales para el ejercicio normal de los derechos sindicales; es decir, la libertad sindical es inseparable del derecho a la libertad y a la seguridad de la persona y a la protección contra la detención y la prisión arbitraria.
Los instrumentos jurídicos básicos sobre la libertad sindical están contenidos en los convenios números 87 (sobre la Libertad Sindical y la Protección the Right to Organise), 1948, and 98 (on the Right to Organise and Collective Bargaining), 1949. They aim to promote and guarantee the fundamental labor rights within the broader field of economic, social and cultural rights.
The principles contained in these agreements do not assume a uniform pattern of union organization, but constitute the pattern should be judged according to which freedom of a union movement, whatever its form of organization.
two instruments complement each other: As the Number 87 concerns the free exercise of the right to organize, in conjunction fundamental to the rule, 98, on the one hand, essentially protects workers and their organizations against acts of discrimination and interference by employers and governments, and secondly, it encourages and promotes collective bargaining.
Wage Protection
In 1944, the International Labour Confederation met in Philadelphia. This time it was submitted a report containing the draft of the Declaration of Philadelphia, which became the Organization suggestions for future agenda. Among other things, noted that wage policy was at the center of the ILO, but until then, had been taken three sets of international standards on the subject. In that report it was stated that:
In many countries, especially in rural areas, would also be useful an agreement or recommendation on methods of payment of wages to establish the rules for payment at regular intervals conditions would be subject to discounts and advances of wages, prohibition of requiring workers to buy goods with their wages offered by the employer, the criteria applicable to partial payments in kind, protection of wages in legal proceedings and similar issues.
The obligation to set wages minimum was established for the first time in 1928 by Convention No. 26 and Recommendation No. 30, applied to industry and commerce. Later, in 1949, appears the Convention No. 95, supplemented by Recommendation No. 85 of that year. The Convention, which is of general application, should serve to protect workers from unfair procedures, which may place them under the jurisdiction of the employer, and also to ensure that wages are paid in full and without delay.
In 1951, the International Labour Conference adopted the Convention for agriculture No. 99 and Recommendation No. 89, which imposed the obligation to establish or maintain operation- methods for establishing minimum wage rates, in collaboration with representatives of employers and workers concerned. They also provide a system of control and sanctions.
The latest regulations on the pot are contained in Convention No. 131 and Recommendation No. 135 of 1970, which take into account the needs of developing countries. Foresee the need to establish a minimum wage apply to employees whose employment conditions would be appropriate application of that system. Also, indicate the elements to take into account in determining the level of wages and provide for the periodic adjustment of the level. It should be mentioned Convention No. 173 of 1992 on the protection of the claims in the event of employer insolvency.
Right to Strike
The right to strike is explicitly recognized labor rights in Article 8, paragraph 4, of the International Covenant on Economic, Social and Cultural Rights (ICESCR) and the Protocol of San Salvador, American System instrument which came into force in December 2000. Also in the ILO Report III (Part 4B), International Labour Conference (81 th Session, 1994) on Freedom of Association and Collective Bargaining (Chapter V: The right to strike, pages 65 to 83, Geneva, 1994).
Although this right is not expressly recognized in the Convention No. 87 of 1948 (on Freedom of Association and Protection of the Right to Organise), or any other agreement related to trade union rights, CFA Governing Council of the Poit has considered establishing basic rights of workers and their organizations in defending their occupational interests. The Committee of Experts has linked the right to recognize workers' organizations and employers to organize their activities and formulate their programs in order to promote and defend the interests of its members (Articles 3, 8 and 10 of Convention No. 87), with the need for means of action to enable them to exert pressure to achieve their demands. Accordingly, the Commission has taken the view that the ordinary meaning of the term "action program" includes the right to strike
* Maybell Padilla Pérez: Guantanamera. She graduated from the Universidad de Oriente a BA in History (1973) and Law (1978). She was a professor of law faculties of universities in East and Havana. Specialist in Labor Law. Worked as such in Cuban Fishing Fleet. Former member of the current Agramontista. He is currently Director of the Bureau of Labor Independent Legal Advice (Bajilan) and Deputy Secretary General of Council of Cuban Workers (CUTC).
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