Brsakoska Bezerkoska, Julija, ‘Making the most of the EU’s external competences in the social affairs’ area: the EU and the International Labour Organisation’ in (2013) 9 Croatian Yearbook of European Law and Policy 119–42.
Ferri, Marco, ‘Coordination Between the European Union and its Member States’ in Kaddous, Christine (ed), The European Union in International Organisations and Global Governance, Oxford (Hart Publishing 2015).
Kissack, Robert, ‘Labour Standards. An Historical Account of the EU Involvement with(in) the ILO’ in Orsini, Amandine (ed), The European Union with(in) International Organisations (Ashgate Publishing 2014).
Pons-Deladriere, Geneviève, ‘European Union Participation and Cooperation in ILO Institutions and Activities: an ILO Perspective’in Kaddous, Christine (ed), The European Union in International Organisations and Global Governance (Hart Publishing 2015).
Van den Heijden, Paul, ‘The ILO Stumbling towards Its Centenary Anniversary’ (2018) 1 International Organisations Law Review 203–20.
Xiarchogiannopoulou, Eleni, Tsarouhas, Dimitris,‘Flexicurity. The EU Actorness at the ILO on Flexicurity’ in Orsini, Amandine (eds), The European Union with(in) International Organisations (Ashgate Publishing 2014).
International Labour Office (ILO, 2016) Building a social pillar for European convergence<https://www.ilo.org/wcmsp5/groups/public/---dgreports/---dcomm/---publ/documents/publication/ wcms_490959.pdf> accessed 4 October 2019.
International Labour Standards Department (2018) https://www.ilo.org/global/about-the-ilo/history/ centenary/WCMS_472742/lang--en/index.htmaccessed 4 October 2019.
Some directives have been adopted as a fruit of agreement between social partners, including the Parental Leave Directive, which is being substituted by the Work-Life Balance Directive.
Official Journal 2001 C 165/23.
In fact, EU makes reference to ILO standards and values in its external action. EU promotes human rights, including labour rights in all aspects of its external action.
According to Ferri, it derives from the EU law as well as from the settled CJEU case law, that the EU law does not affect the right of the member states to define the fundamental principles of their social security systems. The EU law also must not significantly affect the financial equilibrium thereof and must not prevent any member state from maintaining or introducing more stringent protective measures compatible with the Treaties – see Ferri (2015) 81.
In 2014, EU‘s Council of Ministers issued a Decision authorising Member States to ratify the International Labour Organisation (ILO) Convention on Domestic Workers. Other authorisations went also through the Decision of the Council of Ministers.
Case C-158/91 Criminal proceedings against Jean-Claude Levy  ECR I-04287.
Case C-345/89 Criminal proceedings against Alfred Stoeckel  ECR I-04047, paras. 15 and 18.
Case C-13/93 Office National de l’Emploi v Madeleine Minne  ECR I-00371.
Opinion of Mr Advocate General Jacobs C-203/03 Commission of the European Communities v Republic of Austria  ECR I-00935.
‘The rights and obligations arising from agreements concluded before 1 January 1958 or, for acceding States, before the date of their accession, between one or more Member States on the one hand, and one or more third countries on the other, shall not be affected by the provisions of this Treaty. To the extent that such agreements are not compatible with this Treaty, the Member State or States concerned shall take all appropriate steps to eliminate the incompatibilities established. Member States shall, where necessary, assist each other to this end and shall, where appropriate, adopt a common attitude.’
This proces started already with the ILO conference in 2017, when 4 Conventions have been abrogated and 2 withdrawn. The revision proces is continuing under the Standards Iniciative – see International Labour Standards Department (2018) link 2.
Recital 4 of Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation OJ L 303 states:
‘(4) The right of all persons to equality before the law and protection against discrimination constitutes a universal right recognised by the Universal Declaration of Human Rights, the United Nations Convention on the Elimination of All Forms of Discrimination against Women, United Nations Covenants on Civil and Political Rights and on Economic, Social and Cultural Rights and by the European Convention for the Protection of Human Rights and Fundamental Freedoms, to which all Member States are signatories. Convention No 111 of the International Labour Organisation (ILO) prohibits discrimination in the field of employment and occupation.’
Quoted by: Case C-157/15 Samira Achbita and Cetrum voor gelijkheid van kansen en voor reacismebestrijding v G4S Secure Solutions ECLI:EU:C:2017:203, Case C-188/15 Asma Bougnaoui and Association de defense des droits de l’homme v Micropole SA  ECLI:EU:2017:204, Case C-214/16 C. King v The Sash Window Workshop Ltdd and Richard Dollar  , Case C-414/16 Vera Egenberber v Evangelisches Werk für Diakonie und Enwicklung e.V.  OJ C 200, Case C-68/17 IR v JQ  ECLI:EU:C:2018:696 and many others.
Although Article 7 (1) of Convention No 132 of the ILO indicates that the principle of average earnings is established, that provision expressly provides that any person who is entitled to leave provided for in that Convention is to receive at least his normal or average remuneration for the entire period of leave. The obvious aim of this alternative is to take into account special employment relationships where employees do not receive any usual remuneration.
See e.g. Opinion of Mr Advocate General Wahl Case C-221/13 Teresa Mascellani v Ministero della Giustizia  ECLI:EU:C:2014:479.
The study argues e.g., ‘Over the past few years, an increased difficulty in reaching consensus and agreements among the 28 Member States has been evident. Resuming a process of upward socioeconomic convergence in the EU could help to overcome some of the current political challenges, while also restoring public confidence in the European project.’
Art 1a) defines harassment and violence in the world of work as ‘a range of unacceptable behaviours and practices, or threats thereof, whether a single occurrence or repeated, that aim at, result in, or are likely to result in physical, psychological, sexual or economic harm, and includes gender-based violence and harassment.’
Actually only Case C-303/06 S. Coleman v Attridge Law and Steve Law  ECR I-05603 and some cases on EU staff regulations.
Van den Heijden argues: ‘a powerful and unanimous signal on the occasion of the 100-year anniversary in 2019 is necessary if the organisation is to survive in the 21st century. Such a powerful signal could bet he drafting and adoption of a Framework Convention on Decent work.’ – see Van den Heijden (2018).