ILO – International Labour

Organisation and Indian Labour

UNIT 4 ILO - INTERNATIONAL LABOUR Legislations

ORGANISATION AND INDIAN

LABOUR LEGISLATIONS
Objectives

After studying this unit, you will be able to :

• know about ILO and its functioning
• know about its objectives
• Understand its main functions i.e. formulation, adoption and supervision of
International Standards
Structure
4.1 The International Labour Organisation
4.1.1 An Introduction to ILO
4.1.2 The Objectives of the ILO
4.1.3 The Structure of the ILO
4.1.4 The Finance of the ILO
4.2 International Labour Standards
4.2.1 Conventions and Recommendations
4.2.2 International Labour Code
4.2.3 Ratification Procedures
4.3 International Labour Standards and their Influence on Indian Labour
Legislations
4.3.1 Details of Influences
4.3.2 Industrial Relations
4.4 Conclusion
4.1 THE INTERNATIONAL LABOUR ORGANISATION
4.1.1 An Introduction to ILO
The International Labour Organisation one of the principal international
organisations established under the treaty of Versailles was created in 1919. Since
then, it has been working ceaselessly for the establishment of universal peace through
social justice. In 1969, it was awarded Nobel Peace Prize for its contributions in this
area. In accomplishing this task, the ILO has mainly worked on the setting of
International standards for national application, backed by technical corporation and
education.
There were 45 states who were members of ILO in 1919. India was one of the
founder members. By now, the ILO membership has risen to 174.
4.1.2 The Objectives of the ILO
The objectives of the ILO are enunciated in the preamble to its constitution
supplemented by Article 427 of the Peace Treaty of Versailles, 1919 as well as by the
Philadelphia Declaration of 1944. The ideology of the ILO is defined by these three
instruments in the following terms.
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.
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... 29
Introduction to Labour Legislation
Thus, the ILO has been "attempting to promote world-wide respect for the freedom
and dignity of the working men and to create the conditions in which that freedom
and dignity can be more fully and effectively enjoyed."

During the Second World War, in April 1944, a conference was convened at
Philadelphia. As a result of these deliberations, the aims of the ILO were redefined.
This was termed the Declaration of Philadelphia which was later incorporated into
ILO's constitution. This conference reaffirmed the principles of ILO, namely, that
(a) Labour is not a commodity,
(b) freedom of expression and of association are essential to sustained progress,
(c) poverty anywhere constitutes a danger to prosperity everywhere,
(d) The war against want requires to be carried on with unrelenting vigour within
each nation, and by continuous and concerted international effort in which the
representatives of workers and employers enjoying equal status with those of
governments, join with them in free discussion and democratic decision with a
view to the promotion of the common welfare.
The Declaration of Philadelphia set forth 10 objectives which the ILO was to further
and promote among the nations of the world. The theme underlying these objectives
is social justice. The objectives are as follows:
(a) Full employment and the raising of standards of living,
(b) the employment of workers in the occupation in which they can have the
satisfaction of giving the fullest measure of their skill, and make their
contribution to the common well being,
(c) the provision, as a means to the attainment of this end, and under adequate
guarantees for all concerned, of facilities for training and the transfer of labour
including migration for employment and settlement,
(d) policies in regard to wages and earning, bonus and other conditions of work
calculated to ensure a just share of the fruits of progress to all, and a minimum
living wage to all employed and in need of protection,
(e) the effective recognition of the right of collective bargaining, the cooperation of
management and labour in the continuous improvement of productive' efficiency
and the collaboration of workers and employers in social and economic
measures,
(f) the extension of social security measures to provide a basic income to all in need
of such protection and comprehensive medical care,
(g) adequate protection for the life and health of workers in all occupations,
(h) provision for child welfare and maternity protection,
(i) the provision of adequate nutrition, housing and facilities for creation and
culture,
(j) the assurance of equality of educational and vocational opportunity.
4.1.3 The Structure of the ILO

The ILO is organised around 3 sub-systems:

(1). An International Labour Conference
(2). A Governing Body and
(3). An International Labour Office
The conference is the supreme policy making and legislative body. The Governing
body is the executive council and the International Labour Office is the secretariat,
operational headquarters and information centre.
The International Labour Conference
It is the policy making body of the ILO. The Conference comprises 3 groups
representing governments, employers and workers in the ratio of 2:1:1. The sessions
30 of the ILO are held at least once a year and all delegates may be accompanied by
advisors, not exceeding two for each item on the agenda.
 ILO – International Labour
The government delegates to the ILC are mostly ministers, diplomats or officials Organisation and Indian Labour
subject to government instructions. Under the Constituion of the ILO, employers' and Legislations
workers delegates are nominated by the governments in agreement with the relevant
industrial organisations.
Structure of the ILO
International Labour Conference
Which examines social problems and adopts
conventions and recommendations for
ratification by governments
Electoral colleges of the conference
Elect the
Governing Body
Representative of Ratio
Government 2
employers 1
Workers 1
International Labour Office
Research
Investigation
Technical cooperation
Publications
International Centre International
for Advanced Technical Institute
and Vocational Training Labour Studies
Turin Geneva
The Governing,Body

This is one of the principal bodies of the ILO. It is a non-political, non-legislative,

tripartite body. It carries out the decisions of the Conference with the help of the
International Labour Office. It consists of 56 members of which 28 represent
governments, 14 employers and 14 workers. Of the 28 member government
contingent, 10 are appointed by the members of the States of Chief Industrial
Importance and the balance are delegates of other governments. The criteria laid
down for the selection of members of Chief Industrial Importance is the strength of
its total industrial population. India is one of the ten States of Chief Industrial
Importance. The period of office of this body is 3 years. It meets several times a year
to take decisions on the programmes of the ILO. The functions of this body are given
below:

Functions of International Labour Conference and Governing Body of the ILC

ILC Governing Body
1. Formulates International Labour 1. Coordinates work of the
Standards organisation
2. Fixes the amount of contributions by 2. Draws up an agenda for each
the member states session and subject to the decision
of the International Labour
Conference, decides what subject
should be included in the agenda of
the International Labour Conference
3. Decides the expenditure budget 3. Appoints the Director General of
estimates prepared by the Director the Office
General and submitted to the
Governing body
4. Makes amendments to the 4. Scrutinises the budget
consititution subject to subsequent
ratification of the amendments by the
2/3 member 31
Introduction to Labour Legislation
States including 5 of the 10 states of
industrial importance
5. Considers the report of the Director 5.It follows up the implementation by
General member states of the conventions and
recommendations adopted by the
conference
6. It appoints committees to deal with 6. It fixes the dates, duration and agenda
different matters during each session of the Regional Conference
7. It is empowered to regulate its own 7. It has the power to seek advisory
procedures opinions from the International Court of
Justice with the consent of the
International Labour Conference
8. Selects ones in 3 years members of
the Governing Body
9. Elects its Presidents
10. Seek advisory opinion from the
International Courts of Justice
11. Confirm the powers, functions and
procedures of Regional Conferences

The International Labour Office

This is the third major body in the ILO system. It functions as the Secretariat of the
ILO in Geneva. The Director General of the ILO is the Chief Executive of this office.
The Director General is appointed by the Governing Body and he also acts as the
Secretary General of the Conference. The staff bf this office is appointed by the
Director General. He is assisted by two deputy director generals, six assistant director
generals, one director of the International Institute for Labour Studies, one director of
the International Centre of Advanced Technical and Vocational Training, advisors,
chiefs of divisions, and other staff drawn from 100 nations.

The constitution of ILO describes the main functions of this office. They are:
1. To prepare documents on the items of the agenda of the Conference.
2. To assist governments in framing legislation on the basis of the decisions of the ILC.
3. To carry out its function in connection with the observance of the conventions.
4. To bring out publications dealing with industrial labour problems of international
interest.
5. To collect and distribute information of international labour and social problems.
4.1.4 The Finance of the ILO

The ILC fixes the budget on the recommendations of the Governing Body and
member states make contributions accordingly. Contributions are fixed on an ad hoc
basis from year to year.

4.2 INTERNATIONAL LABOUR STANDARDS

The International Labour Standards, the quintessence of world wide experience in the
progress towards higher social and economic objectives continue to be the principal
means at the disposal of the ILO to achieve social justice throughout the world. The
International Labour Conference, the legislative wing of the ILO provides a forum
for discussion and deliberation of international labour problems and this formulates
the standards in form of conventions and recommendations. The conventions and
recommendations are collectively known as the international labour code.

The need for standard setting activities, in overall ILO plans and programme, is the
most important one. In the In-depth Review of International Labour Standards, (Feb,
32 1976), it element in the development of
 ILO – International Labour
ILO action," with which other forms of actions - studies and researches, operational Organisation and Indian Labour
activities, - must be coordinated. Legislations

4.2.1 Conventions and Recommendations

There is a fundamental difference between Conventions and Recommendations.

While Conventions are obligation creating instruments, Recommendations are
guidance providing instruments. In other words, once the Conventions are ratified, by
the member state, they become binding international obligations, whereas
Recommendations are essentially guides to national action and do not create
international obligations. At times, a Recommendation may act as a forerunner to a
Convention and may gave the way for subsequent adoption of a Convention. Further ,
a Recommendation may play a supplementary role by spelling out the precise or
detailed methods of application of the basic rules or the principles enshrined in a
Convention. Generally Recommendations lay down higher labour standards than
Conventions. Thus, though Recommendation does not create binding obligations, yet
it is in no way an inferior form of standard. On the other hand, it surveys an extensive
variety of functions and fulfils a different purpose.

As the standards improve, the Conventions are revised and fresh amendments with
higher labour standards, are adopted.

4.2.2 International Labour Code

The body of Conventions and Recommendations adopted by the International Labour

Conference constitutes the International Labour Code. As of now over 180
Conventions (and Recommendations) have been adopted by the Conference. The
code has become for labour lawyers throughout the world what the Corpus Juris
Civilis or the works of authority of the common lawyers are for other lawyers. The
international labour code covers an enormous range of important subjects in the
labour and social fields, which have been classified as under:

No. Subject
1. Basic Human Rights
2. Labour Administration and Industrial Relations
3. Employment Policy and Human Resources Development
4. General Conditions of Employment
5. Employment of Children, Young Persons and Women
6. Industrial Safety, Healthy and Welfare
7. Social Security and Social Policy
8. Seafarers
9. Indigenous and Tribal Populations Migrants and Plantation Workers
4.2.3 Ratification Procedures

The ILO Standards are analogous to treaties requiring ratification by a competent

national authority within a period of one year to 18 months at the latest from the
closing session of I.L.C

In India, the treaty making power is within the competence of the Government of
India. The Tripartite Committee, set up to draw the programme of ratification of the
ILO Conventions, makes a detailed survey. It is on the recommendation of this
committee that India ratifies Conventions. In case where the committee does not
recommend rectification of a particular instrument, it focuses the reasons for such
actions.
33
India has ratified so far•36 conventions out of those adopted by the ILO.
Introduction to Labour Legislation

• Information on the measures taken in pursuance of the ratified convention has to

be conveyed through annual reports to be sent to International Labour office.
• Some of the factors responsible for non-ratification are as follows:
1. Inadequacy of coverage in India.
2. Administrative inadequacies
3. Legal difficulties

4.3 INTERNATIONAL LABOUR STANDARDS AND

THEIR INFLUENCE ON INDIAN LABOUR .
LEGISLATIONS
4.3.1 Details of Influences

According to National Commission on Labour "international obligations which devolve on

34
India as a result of our long association with the ILO have to be discharged in the following
 ILO – International Labour
directions (1) Adopting the aims and objects of the ILO for national action (ii) Organisation and Indian Labour
Cooperation in ILO's programmes; and (iii) Progressive implementation of ILO's Legislations
Standards."

The influence of International Labour Conventions and Recommendations on

Legislations in India is direct in some cases while in others the relationship is not so
obvious. After ratification takes place, a Convention is given effect through new
enactments, a modification in the existing laws, or a change in the administrative
practice and procedure.

The ILO's Conventions and Recommendations have had influence on the following:

1. Factories and Mines Legislations with regards to aspects like hours of work,
weekly rest, holiday with pay and wages
a) Employment of children and young persons
b) Employment of women at night
c) Industrial health, safety and welfare.
2. Wage-legislations - India ratified Convention 26 on minimum wages fixing
machinery in 1955 and amended Minimum Wages Act to constitute an advisory
Committee to advise on this matter.

3. Social Security - A number of Conventions and Recommendations dealing with

workmen compensation, sickness insurance, invalidity, old age and survivors'
insurance, unemployment provisions, maternity protection and general aspects of
social security have been adopted by the ILO. India has directly or indirectly
adopted some of them in its laws.

4.3.2 Industrial Relations

Right from the beginning, the ILO has given attention to freedom of association,
collective bargaining and constructive industrial relations. Relevant conventions are:-
the Right of Association (Agriculture (Noll) 1921, The Freedom of Association and
Protection of Right to Organise (No87) 1948, and Right to organise and collective
bargaining (No98), 1949. The Recommendations include- Collective Agreements
(No91), 1951, The Voluntary Conciliation and Arbitration (No 92), 1951, and the
Cooperation at the Level of Undertaking (No94), 1952.

The existing Indian Legislation embodying the provisions of some of the above
instruments is the Trade Union Act 1926. Other principles of these conventions and
recommendations can also be seen in different industrial relations legislations.

4.4 CONCLUSION
Thus, the ILO standards have influenced Indian Labour Legislation, directly and
indirectly. In fact, the blue print of our labour policy is based on ILO's Standards.
The influence of ILO can be seen in our Directive Principles of State Policy (Articles
39, 41, 42, 43, 43A which lay down policy objectives in field of labour. They have
been greatly influenced by ILO's preamble and Philadelphia Declaration. The
National Labour
bodies - The Indian Labour Conference and Standing Labour Committee resemble
the two main structures of ILO. Therefore, the influence of ILO has been perceptible
in Labour Legislations in India.

35