LABOUR LAWS-1

NAVNEET KRISHNA
ASSISTANT PROFESSOR
GLOCAL LAW SCHOOL, SAHARANPUR
 INTERNATIONAL LABOUR ORGANIZATION AND
ITS INFLUENCE ON INDIAN LABOUR LAWS

• The ILO was founded in 1919, in the wake of a destructive war, to

pursue a vision based on the premise that universal, lasting peace
can be established only if it is based on social justice. The ILO
became the first specialized agency of the UN in 1946.
• * Treaty of Versailles.
• * League of Nations
• * WW-I
 ILO- INTERNATIONAL LABOUR
ORGANISATION

• The driving forces for the ILO's creation arose from security, humanitarian, political and
economic considerations. There was also increasing understanding of the world's economic
interdependence and the need for cooperation to obtain similarity of working conditions in
countries competing for markets.
• Reflecting these ideas, the Preamble of the ILO Constitution states:
• Whereas universal and lasting peace can be established only if it is based upon social justice;
• And whereas conditions of labour exist involving such injustice, hardship and privation* to large
numbers of people as to produce unrest so great that the peace and harmony of the world are
imperilled; and an improvement of those conditions is urgently required;
• Whereas also the failure of any nation to adopt humane conditions of labour is an obstacle in
the way of other nations which desire to improve the conditions in their own countries.
 MAIN PRINCIPLES OF ILO

• Labour is not a commodity.

• Freedom of expression and of association are essential to sustained
progress.
• Poverty anywhere constitutes danger to prosperity everywhere.
• The war against want requires to be carried on with unrelenting
vigour within each nation and by continuance and concerted
international effort in which the representatives of workers and
employers, enjoying equal status with those of the governments, join
with them in free discussion and democratic decision with a view to
promotion of common welfare.
• Principles of ILO modified at Philadelphia session in 1944. At Philadelphia declaration was also
adopted, known as the Philadelphia Charter.
• India has adopted various conventions and recommendations.
 ILO IS A TRIPARTITE BODY

• 187 member nations

• TRIPARTITE = GOVT + EMPLOYER + LABOUR
• Tripartite structure is involved at every level in the organization.
• All the 3 groups are represented adequately in the decision making organs of
the ILO.
 TRIPARTISM AND SOCIAL DIALOGUE

• Underlying the ILO’s work is the importance of cooperation between

governments and employers’ and workers’ organizations in fostering social and
economic progress.

The ILO aims to ensure that it serves the needs of working women and men by
bringing together governments, employers and workers to set labour standards,
develop policies and devise programmes. The very structure of the ILO, where
workers and employers together have an equal voice with governments in its
deliberations, shows social dialogue in action. It ensures that the views of the
social partners are closely reflected in ILO labour standards, policies and
programmes.
 THREE ORGANS OF ILO/STRUCTURE OF
ILO

• 1)INTERNATIONAL LABOUR CONFERENCE=

General Assembly of ILO
• 2) GOVERNING BODY = Executive Council of ILO
• 3) INTERNATIONAL LABOUR OFFICE= Permanent
Secretariat
INTERNATIONAL LABOUR CONFERENCE

• It is the Superior Body of ILO and is convened at least once a year (Generally
June)
• The conference deals with examining and adopting the international norms in
the social and labour spehere and discussing universally important questions.
• Source: ILO website
• The Conference sets the International labour standards and the broad policies
of the ILO. It meets annually in Geneva. Often called an international
parliament of labour, the Conference is also a forum for discussion of key
social and labour questions.
 GOVERNING BODY

is the executive council of the ILO. It meets three times a year in Geneva.
It takes decisions on ILO policy and establishes the programme and the budget, which it
then submits to the Conference for adoption.
 INTERNATIONAL LABOUR OFFICE

• The International Labour Office, Geneva provides the Secretariat for all Conferences and other meetings and is responsible for
the day-to-day implementation of decisions taken by the Conference, Governing Body etc. Indians have held positions of
importance in the International Labour Office.

• INTERNATIONAL LABOUR STANDARDS - ILO CONVENTIONS

• The principal means of action in the ILO is the setting up the International Labour Standards in the form of Conventions and
Recommendations. Conventions are international treaties and are instruments, which create legally binding obligations on the
countries that ratify them. Recommendations are non-binding and set out guidelines orienting national policies and actions.
 INDIAS APPROACH TO ILO

• The approach of India with regard to International Labour Standards has always been
positive. The ILO instruments have provided guidelines and a useful framework for the
evolution of legislative and administrative measures for the protection and advancement of
the interest of labour. To that extent the influence of ILO Conventions as a standard of
reference for labour legislation and practices in India, rather than as a legally binding norm,
has been significant. Ratification of a Convention imposes legally binding obligations on the
country concerned and, therefore, India has been careful in ratifying Conventions. It has
always been the practice in India that we ratify a Convention when we are fully satisfied that
our laws and practices are in conformity with the relevant ILO Convention. It is now
considered that a better course of action is to proceed with progressive implementation of
the standards, leave the formal ratification for consideration at a later stage when it becomes
practicable. We have so far ratified 41 Conventions of the ILO, which is much better than the
position existing in many other countries. Even where for special reasons, India may not be
in a position to ratify a Convention, India has generally voted in favour of the Conventions
reserving its position as far as its future ratification is concerned.
 CONTD

• Core Conventions of the ILO: - The eight Core Conventions of the ILO (also called fundamental/human rights
conventions) are:
• Forced Labour Convention (No. 29)
• Abolition of Forced Labour Convention (No.105)
• Equal Remuneration Convention (No.100)
• Discrimination (Employment Occupation) Convention (No.111)
• Minimum Age Convention (No.138)
• Worst forms of Child Labour Convention (No.182) (
• The above Six have been ratified by India) Freedom of Association and Protection of Right to Organised Convention
(No.87) Right to Organise and Collective Bargaining Convention (No.98) (These two have not been ratified by India)
• Consequent to the World Summit for Social Development in 1995, the above-mentioned Conventions (Sl.No. 1,5,7 and 8)
were categorised as the Fundamental Human Rights Conventions or Core Conventions by the ILO. Later on, Convention
No.182 (Sl.No.6) was added to the list. As per the Declaration on Fundamental Principles and Rights at Work and its
Follow-up, each Member State of the ILO is expected to give effect to the principles contained in the Core Conventions
of the ILO, irrespective of whether or not the Core Conventions have been ratified by them. Under the reporting
procedure of the ILO, detailed reports are due from the member States that have ratified the priority Conventions and
the Core Conventions every two years. Under the Follow-up to the ILO Declaration on Fundamental Principles and
Rights at Work, a report is to be made by each Member State every year on those Core Conventions that it has not yet