LEGAL AND POLICY FRAMEWORKS

III. LEGAL AND POLICY FRAMEWORKS

7. In designing coherent and integrated strategies to facilitate the transition to the

8. Members should undertake a proper assessment and diagnostics of factors,

Building social protection systems

characteristics, causes and circumstances of regulated access for use of public space informality in the national context to inform the

and regulated access to public natural design and implementation of laws and

resources for subsistence livelihoods; regulations, policies and other measures

(p) effective occupational safety and health aiming to facilitate the transition to the formal

policies;

economy. (q) efficient and effective labour inspections;

9. Members should adopt, review and enforce (r) income security, including appropriately national laws and regulations or other measures

to ensure appropriate coverage and protection designed minimum wage policies; of all categories of workers and economic units.

(s) effective access to justice; and

10. Members should ensure that an integrated (t) international cooperation mechanisms. policy framework to facilitate the transition to

12. When formulating and implementing an the formal economy is included in national

integrated policy framework, Members should development strategies or plans as well as in

ensure coordination across different levels of poverty reduction strategies and budgets, taking

government and cooperation between the into account, where appropriate, the role of

relevant bodies and authorities, such as tax different levels of government.

authorities, social security institutions, labour

11. This integrated policy framework should inspectorates, customs authorities, migration address:

bodies and employment services, among (a) the promotion of strategies for sustainable

others, depending on national circumstances. development, poverty eradication and

should recognize the inclusive growth, and the generation of

13. Members

importance of safeguarding the opportunities of decent jobs in the formal economy;

workers and economic units for income security (b) the establishment of an appropriate

in the transition to the formal economy by providing the means for such workers or

legislative and regulatory framework; economic units to obtain recognition of their (c) the promotion of a conducive business and

existing property as well as by providing the investment environment;

means to formalize property rights and access (d) respect for and promotion and realization

to land.

of the fundamental principles and rights at work;

IV. EMPLOYMENT POLICIES

(e) the organization and representation of

14. In pursuing the objective of quality job employers and workers to promote social

creation in the formal economy, Members dialogue;

should formulate and implement a national (f) the promotion of equality and the

employment policy in line with the Employment elimination of all forms of discrimination

Policy Convention, 1964 (No. 122), and make and violence, including gender-based

full, decent, productive and freely chosen violence, at the workplace;

employment a central goal in their national development and growth strategy or plan.

(g) the promotion of entrepreneurship, micro, small and medium-sized enterprises, and

15. Members

should promote the

a comprehensive other forms of business models and

implementation

of

economic units, such as cooperatives and employment policy framework, based on tripartite consultations, that may include the

other social and solidarity economy units; following elements: (h) access to education, lifelong learning and

(a) pro-employment macroeconomic policies skills development;

that support aggregate demand, productive (i) access to financial services, including

investment and structural transformation, through a regulatory framework promoting

promote sustainable enterprises, support an inclusive financial sector;

confidence, and address (j) access to business services;

business

inequalities;

(k) access to markets;

industrial, tax, sectoral and (l) access to infrastructure and technology;

(b) trade,

policies that promote (m) the promotion of sectoral policies;

infrastructure

employment, enhance productivity and facilitate structural transformation processes;

(n) the establishment of social protection floors, where they do not exist, and the

(c) enterprise policies that promote sustainable extension of social security coverage;

enterprises and, in particular, the conditions for a conducive environment, taking into

(o) the promotion of local development account the resolution and Conclusions strategies, both rural and urban, including

International standards and human rights instruments

concerning the promotion of sustainable (d) the elimination of discrimination in respect enterprises adopted by the International

of employment and occupation. Labour Conference at its 96th Session

17. Members should: (2007), including support to micro, small and

medium-sized enterprises

and

(a) take immediate measures to address the unsafe and unhealthy working conditions

entrepreneurship, and

transparent and well-communicated that often characterize work in the informal economy; and

well-designed,

regulations to facilitate formalization and fair competition;

(b) promote and extend occupational safety and health protection to employers and

(d) labour market policies and institutions to help low-income households to escape

workers in the informal economy. poverty

18. Through the transition to the formal employment,

and access

freely

chosen

economy, Members should progressively designed wage policies including minimum

such as

appropriately

extend, in law and practice, to all workers in wages, social protection schemes including

economy, social security, cash

the informal

protection, decent working programmes

transfers, public

employment

maternity

conditions and a minimum wage that takes into enhanced outreach and delivery of

and guarantees,

and

account the needs of workers and considers employment services to those in the

relevant factors, including but not limited to informal economy;

the cost of living and the general level of wages in their country.

(e) labour migration policies that take into account labour market needs and promote

19. In building and maintaining national decent work and the rights of migrant

social protection floors within their social workers;

security system and facilitating the transition to the formal economy, Members should pay

(f) education and skills development policies that support lifelong learning, respond to

particular attention to the needs and circumstances of those in the informal

the evolving needs of the labour market and to new technologies, and recognize

economy and their families. prior learning such as through informal

20. Through the transition to the formal apprenticeship

economy, Members should progressively broadening options for formal employment;

systems,

thereby

extend the coverage of social insurance to those in the informal economy and, if

(g) comprehensive activation measures to facilitate the school-to-work transition of

necessary, adapt administrative procedures, benefits and contributions, taking into account

young people, in particular those who are disadvantaged, such as youth guarantee

their contributory capacity. schemes to provide access to training and

21. Members should encourage the provision continuing productive employment;

of and access to affordable quality childcare and other care services in order to promote

(h) measures to promote the transition from unemployment or inactivity to work, in

gender equality in entrepreneurship and employment opportunities and to enable the

particular for long-term unemployed persons, women and other disadvantaged

transition to the formal economy. groups; and

VI. INCENTIVES, COMPLIANCE

(i) relevant, accessible and up-to-date labour

AND ENFORCEMENT

market information systems.

22. Members

should take appropriate

V. RIGHTS AND SOCIAL PROTECTION

measures, including through a combination of preventive measures, law enforcement and

16. Members should take measures to effective sanctions, to address tax evasion and achieve decent work and to respect, promote

avoidance of social contributions, labour laws and realize the fundamental principles and

and regulations. Any incentives should be rights at work for those in the informal

linked to facilitating the effective and timely economy, namely:

transition from the informal to the formal (a) freedom of association and the effective

economy.

recognition of the right to collective

should reduce, where bargaining;

23. Members

appropriate, the barriers to the transition to the (b) the elimination of all forms of forced or

formal economy and take measures to promote compulsory labour;

anti-corruption efforts and good governance. (c) the effective abolition of child labour; and

24. Members should provide incentives for, and promote the advantages of, effective

Building social protection systems

transition to the formal economy, including and ensure that the administrative, civil or improved access to business services, finance,

penal sanctions provided for by national laws infrastructure, markets, technology, education

for non-compliance are adequate and strictly and skills programmes, and property rights.

enforced.

25. With respect to the formalization of micro

VII. FREEDOM OF ASSOCIATION, SOCIAL

and small economic units, Members should:

DIALOGUE AND ROLE OF EMPLOYERS ’

(a) undertake business entry reforms by

AND WORKERS ’ ORGANIZATIONS

31. Members should ensure that those in the services, for example, through information

reducing registration costs and the length of the procedure, and by improving access to

informal economy enjoy freedom of association and communication technologies;

and the right to collective bargaining, including the right to establish and, subject to the rules

(b) reduce compliance costs by introducing of the organization concerned, to join simplified

organizations, federations and confederations assessment and payment regimes;

tax and

contributions

of their own choosing (c) promote access to public procurement,

32. Members should create an enabling consistent

environment for employers and workers to including labour

with national

legislation,

exercise their right to organize and to bargain measures such as adapting procurement

legislation,

through

collectively and to participate in social dialogue procedures and volumes, providing training

in the transition to the formal economy and advice on participating in public

33. Employers ’ and workers’ organizations economic units;

tenders, and reserving quotas for these

should, where appropriate, extend membership and services to workers and economic units in

(d) improve access to inclusive financial the informal economy services, such as credit and equity,

payment and insurance services, savings,

designing, implementing and and guarantee schemes, tailored to the size

34. In

evaluating policies and programmes of and needs of these economic units;

relevance to the informal economy, including its formalization, Members should consult with

(e) improve access to

and promote active participation of the most training, skills development and tailored

entrepreneurship

employers ’ and workers’ business development services; and

representative

organizations, which should include in their (f) improve access to social security coverage.

rank,

according

to national practice,

of membership-based mechanisms or review existing mechanisms

26. Members should put in place appropriate

representatives

representative organizations of workers and with a view to ensuring compliance with

economic units in the informal economy national laws and regulations, including but not

35. Members and employers ’ and workers’ limited

organizations may seek the assistance of the enforcement of employment relationships, so

to ensuring recognition

and

International Labour Office to strengthen the as to facilitate the transition to the formal

capacity of the representative employers ’ and economy.

workers ’ organizations and, where they exist,

27. Members should have an adequate and representative organizations of those in the appropriate system of inspection, extend

informal economy, to assist workers and coverage of labour inspection to all workplaces

economic units in the informal economy, with in the informal economy in order to protect

a view to facilitating the transition to the formal workers, and provide guidance for enforcement

economy

bodies, including on how to address working conditions in the informal economy.

VIII. DATA COLLECTION AND MONITORING

36. Members should, in consultation with the effective

employers ’ and workers’ organizations, on a assistance in complying with the relevant laws

28. Members should take measures to ensure

provision of

information,

regular basis:

and regulations, and capacity building for (a) where possible and as appropriate, collect, relevant actors.

analyse and disseminate statistics disag-

29. Members should put in place efficient gregated by sex, age, workplace, and other and

specific socio-economic charac-teristics on procedures.

accessible complaint

and

appeal

the size and composition of the informal economy, including the number of informal

30. Members should provide for preventive economic units, the number of workers and appropriate corrective measures to

employed and their sectors; and facilitate the transition to the formal economy,

International standards and human rights instruments

(b) monitor and evaluate the progress towards

42. The Annex may be revised by the formalization.

Governing Body of the International Labour

37. In developing or revising the concepts, Office. Any revised Annex so established, once definitions and methodology used in the

approved by the Governing Body, shall replace production of data, statistics and indicators on

be the informal economy, Members should take

the

preceding

annex and shall

communicated to the Members of the into consideration relevant guidance provided

International Labour Organization. by the International Labour Organization, in

particular and as appropriate, the guidelines

ANNEX

concerning a statistical definition of informal

Instruments of the International Labour

employment adopted by the 17th International

Organization and the United Nations

Conference of Labour Statisticians in 2003 and

relevant to facilitating the transition from

their subsequent updates.

the informal to the formal economy

Instruments of the International Labour

IX. IMPLEMENTATION

Organization

38. Members should give effect to the provisions

of this Recommendation,

in

Fundamental Conventions

consultation with the most representative – Forced Labour Convention, 1930 (No. 29), employers ’ and workers’ organizations, which

and Protocol of 2014 to the Forced Labour should include in their rank, according to national

Convention, 1930 practice, representatives of membership-based

– Freedom of Association and Protection of representative organizations of workers and

the Right to Organise Convention, 1948 economic units in the informal economy, by one

(No. 87)

or a combination of the following means, as appropriate;

– Right to Organise and Collective Bargaining Convention, 1949 (No. 98) (a) national laws and regulations;

– Equal Remuneration Convention, 1951 (b) collective agreements;

(No. 100)

(c) policies and programmes; – Abolition of Forced Labour Convention, (d) effective coordination among government

1957 (No. 105) bodies and other stakeholders;

– Discrimination (Employment and (e) institutional capacity building and resource

Occupation) Convention, 1958 (No. 111) mobilization; and

– Minimum Age Convention, 1973 (No. 138) (f) other measures consistent with national

– Worst Forms of Child Labour Convention, law and practice.

1999 (No. 182)

39. Members should review on a regular basis, as appropriate, the effectiveness of policies and

Governance Conventions

measures to facilitate the transition to the formal – Labour Inspection Convention, 1947 (No 81) economy, in consultation with the most

– Employment Policy Convention, 1964 representative

employers ’

and

workers ’

(No. 122)

organizations, which should include in their rank, – Labour Inspection (Agriculture) Convention, according to national practice, representatives of

1969 (No. 129) membership-based representative organizations

of workers and economic units in the informal – Tripartite Consultation (International Labour

economy. Standards) Convention, 1976 (No. 144)

40. In establishing, developing, implementing

Other instruments

and periodically reviewing the measures taken to Freedom of association, collective bargaining facilitate the transition to the formal economy,

and industrial relations Members should take into account the guidance

– Rural Workers’ Organisations Convention, provided by the instruments of the International

1975 (No. 141) Labour Organization and the United Nations

relevant to the informal economy listed in the – Collective Bargaining Convention, 1981

Annex.

(No. 154)

41. Nothing in this Recommendation should Equality of opportunity and treatment

be construed as reducing the protections – Workers with Family Responsibilities afforded to those in the informal economy by

Convention, 1981 (No. 156) other instruments of the International Labour

Organization.

Building social protection systems

Employment policy and promotion Maternity protection – Employment Policy Recommendation,

– Maternity Protection Convention, 2000 1964 (No. 122)

(No. 183)

– Vocational Rehabilitation and Employment

Migrant workers

(Disabled Persons) Convention, 1983 – Migration for Employment Convention (No. 159)

(Revised), 1949 (No. 97) – Employment

Workers (Supplementary Provisions)

Policy

(Supplementary

– Migrant

Provisions) Convention, 1975 (No. 143) (No. 169)

Recommendation,

HIV and AIDS

– Private Employment Agencies Convention, 1997 (No. 181)

– HIV and AIDS Recommendation, 2010

(No. 200)

– Job Creation in Small and Medium-Sized Enterprises

Indigenous and tribal peoples (No. 189)

– Indigenous and Tribal Peoples Convention, – Promotion of Cooperatives Recommendation, 1989 (No. 169)

Recommendation,

2002 (No. 193) Specific categories of workers – Employment Relationship Recommendation,

– Home Work Convention, 1996 (No. 177) 2006 (No. 198)

– Domestic Workers Convention (No. 189) Vocational guidance and training

and Recommendation (No. 201), 2011 – Human Resources Development Convention,

Resolutions of the International Labour 1975 (No. 142)

Conference

– Human Resources Development Recommen- – Resolution and Conclusions concerning the dation, 2004 (No. 195)

promotion of sustainable enterprises Wages

adopted by the International Labour Conference at its 96th Session (2007)

– Labour Clauses (Public

Convention (No. 94) and Recommendation – Resolution and Conclusions concerning the

Contracts)

youth employment crisis adopted by the (No. 84), 1949

– Minimum International Labour Conference at its Wage

101st Session (2012) (No. 131) and Recommendation (No. 135), 1970

Fixing

Convention

– Resolution and Conclusions concerning the

recurrent discussion on Occupational safety and health

second

employment adopted by the International – Occupational Safety and Health Convention,

Labour Conference at its 103rd Session 1981 (No. 155)

– Safety and Health in Agriculture Convention

United Nations instruments

(No. 184) and Recommendation (No. 192), – Universal Declaration of Human Rights, 2001

– Promotional Framework for Occupational – International Covenant on Economic, Safety and Health Convention, 2006

Social and Cultural Rights, 1966 (No. 187) – International Covenant on Civil and Social security

Political Rights, 1966 – Social Security (Minimum Standards)

– International Convention on the Protection Convention, 1952 (No. 102)

of the Rights of All Migrant Workers and – Social Protection Floors Recommendation,

Members of Their Families, 1990 2012 (No. 202)

R205 – Employment and Decent Work for Peace and Resilience Recommendation, 2017

Office, and having met in its 106th Session on The General Conference of the International

Preamble

5 June 2017, and Labour Organization,

Reaffirming the principle in the Constitution of Having been convened at Geneva by the

the International Labour Organisation (ILO) Governing Body of the International Labour

that universal and lasting peace can be

International standards and human rights instruments

established only if it is based upon social employment generation, economic recovery justice, and

and development, and Recalling the Declaration of Philadelphia

Affirming the need to develop and strengthen (1944), the Universal Declaration of Human

measures of social protection, as a means of Rights (1948), the ILO Declaration on

preventing crises, enabling recovery and Fundamental Principles and Rights at Work

building resilience, and and its Follow-up (1998) and the ILO

Recognizing the role of accessible and quality Declaration on Social Justice for a Fair

in economic recovery, Globalization (2008), and

public

services

reconstruction efforts, Taking into account the need to revise the

development,

prevention and resilience, and Employment (Transition from War to Peace)

Stressing the need for international cooperation Recommendation, 1944 (No. 71), with a view

partnerships among regional and to broadening its scope and providing up-to-

and

international organizations to ensure joint and date guidance on the role of employment and

coordinated efforts, and decent work in prevention, recovery, peace and resilience with respect to crisis situations

Having decided upon the adoption of certain proposals with regard to employment and

arising from conflicts and disasters, and decent work for peace and resilience, which is Considering the impact and consequences of

the fifth item on the agenda of the session, and conflicts and disasters for poverty and development, human rights and dignity, decent

Having determined that these proposals shall take the form of a Recommendation,

work and sustainable enterprises, and Recognizing the importance of employment

adopts this sixteenth day of June of the year two thousand and seventeen the following

and decent work for promoting peace, preventing crisis situations arising from

Recommendation, which may be cited as the Employment and Decent Work for Peace and

conflicts and disasters, enabling recovery and building resilience, and

Resilience Recommendation, 2017: Recognizing that the countries receiving

I. Objectives and scope

refugees may not be in situations of conflicts

1. This Recommendation provides guidance to and disasters, and

Members on the measures to be taken to Emphasizing the need to ensure respect for all

generate employment and decent work for the human rights and the rule of law, including

purposes of prevention, recovery, peace and respect for fundamental principles and rights

resilience with respect to crisis situations at work and for international labour standards,

arising from conflicts and disasters. in particular those rights and principles

2. For the purposes of this Recommendation relevant to employment and decent work, and

and based upon internationally agreed Considering the need to recognize that crises

terminology:

affect women and men differently, and the (a) the term “disaster” means a serious critical importance of gender equality and the

disruption of the functioning of a empowerment of women and girls in promoting

community or a society at any scale due to peace, preventing crises, enabling recovery and

events interacting with building resilience, and

hazardous

conditions of exposure, vulnerability and Recognizing the importance of developing

capacity, leading to one or more of the responses, through social dialogue, to crisis

following: human, material, economic and situations arising from conflicts and disasters,

environmental losses and impacts; and in consultation with the most representative

(b) the term “resilience” means the ability of employers ’ and workers’ organizations and, as

a system, community or society exposed to appropriate, with

hazards to resist, absorb, accommodate, organizations, and

relevant civil

society

adapt to, transform and recover from the Noting the importance of creating or restoring

effects of a hazard in a timely and efficient an enabling environment for sustainable

manner, including through the preservation enterprises, taking into account the resolution

and restoration of its essential basic and Conclusions concerning the promotion of

structures and functions through risk sustainable enterprises adopted by the

management.

International Labour Conference at

its

3. For the purposes of this Recommendation,

96 th Session (2007), and in particular for small the term “crisis response” refers to all and medium-sized enterprises, to stimulate

measures on employment and decent work

Building social protection systems

taken in response to crisis situations arising age or sexual orientation or any other from conflicts and disasters.

grounds;

4. This Recommendation applies to all (g) the need to respect, promote and realize workers and jobseekers, and to all employers,

equality of opportunity and treatment for in all sectors of the economy affected by crisis

women and men without discrimination of situations arising from conflicts and disasters.

any kind;

5. The references in this Recommendation to (h) the need to pay special attention to fundamental principles and rights at work, to

population groups and individuals who safety and health and to working conditions

have been made particularly vulnerable by apply also to workers engaged in crisis

the crisis, including, but not limited to, response, including in the immediate response.

children, young persons, persons belonging The references in this Recommendation to

to minorities, indigenous and tribal human rights and to safety and health apply

persons with disabilities, equally

peoples,

internally displaced persons, migrants, participating in crisis response.

to persons in

volunteer

work

refugees and other persons forcibly

6. The provisions of this Recommendation are displaced across borders; without prejudice to the rights and obligations

importance of identifying and of Members under international law, in

(i) the

monitoring any negative and unintended particular international humanitarian law,

and avoiding harmful international refugee law and international

consequences

effects on individuals, human rights law.

spillover

communities, the environment and the economy;