NEW PAPER OUT. In this paper forthcoming in the International Labour Review I examine the personal scope of ILO Standards - THREAD 👇🏼papers.ssrn.com/sol3/papers.cf… #ILO #ILS #platformwork #domesticwork #informalwork #C189 
A common misconception is that ILO Standards only apply to people in a employment relationship since this was the common lynchpin for labour rights during the 20th century in most industrialized countries, and the ILO is mistakenly assumed to follow suit
Instead, if we look at the travaux préparatoires of the Standards we often find that constituents frequently intended them to cover workers beyond the standard employment relationship. This is often confirmed by the works of the ILO Supervisory Bodies. A prominent example are 👇🏼
The Fundamental Conventions, which have been consistently applied to workers without distinction and regardless of employment status, as confirmed by the travaux and the Supervisory Bodies. But this is also relevant for other Conventions 👇🏼
Even if a Standard refers to the “employment relationship”, I argue, its scope could be broader and concern also the self-employed. Looking at the mere wording of a Standard is insufficient. Because or the tripartite nature of the drafting it is essential to refer to...
... refer to both the travaux and the opinions of the Supervisory Bodies to ascertain the scope or ILO Standards lest to accept arbitrary or nonsensical interpretation of instruments. For instance... 👇🏼
The Domestic Workers Convention C189 refers to the “employment relationship”. But limiting its scope to formal employees as defined by national laws would cut out the most vulnerable and precarious domestic workers from the scope of the Convention, severely undercutting its scope
But if we look at the travaux and the Supevisory Bodies’ practice it is clear that the constituents only wanted to exclude those working on a sporadic and occasional basis, and not to discriminate on the basis of employment status so that informal workers and the self-employed...
... fall within the scope of the Convention. The article argues that the wording of ILO Standards is idiosyncratic and must be determined on a case by case basis lest to exclude from their scope those who most need protection in our world, including informal & platform workers
@_aloisi @JeremiasPrassl @annabeyondme @WIEGOGLOBAL @TNovitz @vmantouvalou @thebigbogg @RuwanSubasinghe
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