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lnternational Dimension of
lndustrial Relation
,
:
OB,'ECTIVES
To maLe the student aware a6out the ph osoPhv, stru'ture dnd tLe *orLlng o{
LO,
To provlcle ther ',tl the nlormaion r€! drne th' impa't tiat lLO ia: on th"
tor.,lation .f abo* polae/laws ln lndla
To erpos€ them to lnterndtloial Labou'
't"ndad' "nd
lts imPlicatiom on lnd;n
U N 1 T, S T U R C T U R E
Svucture and Funcuon of LO
Conveitions did Recommerdations and ther l"fluen'" or lndt" Labou' Pohcres/
lnte,.ational Ld6o!. St""dad'
""d "d"
lndrstrial Reldtlons ln EuroPe 2000
International Labour Or$anisation
BACKGROUND
The Peace Conierence cooveled ar rhe cnd ol the (or1d V* I led o the
.rcation of the lnternational Labour Organisation in 1919 4s m original
signarory of the Treaty ofPeace, India becxme a member of the organisation
in 1919.
Tortay, ILO is one of rhe specialized agencies of thc Unned Nations
r:)rganisarion (UNO). L has, honcver pased through crhical periods in
its iong hi.tory. it faced difficulries following drc ivorld rconuric cisis
during"rhe poiod of the Grear Depression' J h"" amc the crisis of World
ar- i], *hen irs ver,, ciisrcnce was ar sahe. In Jun' 194'1' dr' ll'')
convenecl a confercnce at Philadclphia ro corsider rhc programmes aud
policies to be pursued after thc War. Tle +in* aod putposes of the ll'L)
*e- .ed"r'i".,t in rhe fotm of a declararion rhe Declaration of
Philadelphia.
2. iiv) Tte,r:r agair* *anr rcquifes rc Lre.xrjcd o, q.jrh Lrnrct.i.nrg vieour b} each
"rr,..,n..,,.,,,,.1.-,..,,1,",1,"".,,d orployers, .njoring cqual starus Lvnh Lhose ot Eo{n!,enr, i,ir,, ,, , i,* ii
I he $,ti! a;mi if dr. o.!r.t.iri.r .r.:
iit To reno,,e $c hardshlps ind p.ivtrrjols 01 rtr. roitins massrs a ovo rh. ,rortd rnd..
lli) To lmpreve rheir tiving,d ivorking coDdirions, ?s a vital srep uL:uds thc eurblish*ent
ot univcnrl and t.sring percc. trascd olr s..tJ justi...
STRUCTURE
Thc ILO ,s a tipa[,re og:nisariol, rolsis ig or represerr.rrivcs ot the goverurenr, cmployea
rnri *ork-s of rnen$ercoun,ries h rr.. o.i-. or zl,r. ,, il r.irJ ; ;;,;'l_-";;,,1;;.
' or ..r. rJ.rhn'l ' .r.tj-..n,,r ; ,h ,,.,,."; :::;1
".o{inisa,ion rtlc AIrUC ilourcourtrvs ,. , ,
lDL ,Ft i dr reruing up olrheIJ I r;,r rr r .. n, ,. ..d th. lnlrD,rr;orrl Lalrou.
198 . narL,. P?d.* EDrrr! 9dos,-
thc I)echrarior is 6ascd on rhe iollourrg Eur]rmcrtal prhciplcs:
l;) LabouL is nor a cohnrdiq,.
{i,) Freedom of expression and ofa.ssocirrion rrc esenrat for susr:ined pmgres
: I , .r,
l he principal organs ol rhc tLO are:
(l) 'l'he Inrenadonrl Labour Conferencc;
(ii) 'l hc covemins Bo(& and
(;ii) 1.he IitcDarional Labour Officc.
International Labour Coaference
Inter
]'ft.
I
(
(
Thc confe.ence js heJd orce a ),ear. Ea.h mcmbcr counrry is rcpreseoted by iiur delesar-
nvo represenring rhe Covcrnment. one rcnr.sentins,he
",nplou:^, ",d
_,1 ..p."*,.ri,*,1.workas The main task of rhe Confercna rs ro se. up !,tnirnuni irrerrarional. so.irl ard
:li:i. :::::: l:1.: ll
rhF r, n uf on. .i.Ds o.,e..nnnend,,r.,ns A.o.r,nrion n bindnrs
on rhc rnembcr srarc rvhich rar;fies ir. whiie a r..oDnnendlrion i! i
r .orrelrioos nrifie<t br the
Confirence foL acceFxn( o. rcjecm. ,rnt,in t8 monril ot .h.ir edopilon
Governing Body
lhe Goveming Bodv i; die chief cxccut;vc bodv of rhe orgrnisetion aod tntcrs four rin,r a
vear. 'i'his bodv is atso fftpardic h ciaracter, *ith a -.",1,..-;lp .f fo . ,f," :.;;;;,;,;. ,,,
sov.rnments are 20, and 10 cach r€.krn,i"s emplovos rnd woLkus r.h" G.,:";_;i ,,responsibl. for efecdve p-g-,"-i,,g .r a,. i-.r"r.1" rr,o.
coN
Conyer
Tliet.
obligatn
rvirhin
Srare hes
rh. difi]c
3. ckeG.7 ,t na{.na D.-,i.".r l,d,r," Reitoi . J,
Inrcrnationat ]-abour Offi ce
This ofr( is r.sl,oosible lir $c day ro d.ry a.rni.ics ofrh. osanisarion and hs tr.rnches nr 9
cou.trics. including lndia.
-
Ihe ILO has I Regionxt -{d!,sorr .o, ,n,rrec mc A a, {d 1,.. a^f,!, ,,i(, Lirc
Afrjcan Advisorv Commirrcc and rhe Inrer Ameriqrn ,{dvrsory Commirree.
established in 1960 rs a .enrre lor
The Inrernarional Instnute of Labour srudies *,as
adiance.i studies in d,e social and labour ri.td;.
Tlic $ork of Il-O mav be divded n,ro rhrce paff:
Lzgislatite: Arisin'. our of rh. .onvenrions rnd rccommendarioos
ior.!r ionrl L.bour (.orfir.n...
is birrding
guideline.
ng Dody is
O?datianal: Thcse acilirie! p.r?in ro re.hnjcat as*ra..e, jD.luding vo.drional rrrnLng
progmmrnes, provided rnd undenatrcn by rhc ti O nr various 1,ans oa re {orId.
Gen.tu|: lhe latk al industriat commurees, Lcgion.rl conterenccs, orher conmnrces 2nd
connnlssions and rhe publicaijons of ltre tLO.
CONVENTIONS AND RECOMMENDATIONS
Onc ofrhe prnrclpal tunctions ofthe Internadoral La6our Organisarion is ro se.ure inrcrD.Iional
minimom social and labour srandards. Thesc standards -" ".U"a;"a
in rcsotutions in the
forni of Conrcntions and R.com,nendarionr, adopted bv the Inrerna.iontrt tibour Confe,sLce
by ai lesr 2/1.(ls of rhe delcgarcs pr.senr ar rtre ,o"f-.n- .,a "*;,,g.
.r
}ie .ontereD.c dc.i.l.s
whe$er rhesc resoturions will trkc rhe {irm ot a ConrenrioD ..
"
n.-,",-.,a";.,. T1l",,
aioovcnrions ol Re.ommerdarionr are nMuDeDrs tor.rcarins and estabtishing hrcr.arjonat
orinimunr n.,:J and tabour santhr,ls
Conventions
lherc is a bas;. differe.ce ;n rhc nature of obligations creaie.l b), Convenrjon and
Re.omnodariox. A Convenrion i,tposes.eriain obligations. The ilember state is or rn
obligarion uoder rhe Consrirudor tLO r. bring, rvirhin a period of onc ycar at rhe mosr, or
wirhin 18 mordis in exceptional cases. frcm rhe .loslns ;f lhe se$ion of thc conferenc, a
Con.eotion before the aurhorlg-, wnhin whose co-p"ten.. th" marer lies, tor radficarion. If
so, mtified,-the Convenrion acauies a bindnrg characrer on rhe Meober Stare. atrhough a
Membo is lree to iatif or nor ro rariF/ a CoIlrcniion, once jr has bccn radfied 6y tte appropriae
aurhority oI the Member Statc concemcd. lr becomes oblisarory on rh" p-..f rh; M_b"r
Siare r.r iDpleuenr rli. Coov.nrion by les trfl.
", ",h., ,ppn,p,,,,. mra,uru.:n<i ro
conuunicarc thc tirmal Ladfi.ariotr.o rhe Dire.ror Cenerat. Furrher. aiier ra.ifi.rtun. 3 M.mtrF.
h an,r rcspecr, ercepnvhen and *nere rtrcaton,enron i6e[ nJ[-o p,o,,on5 ro, Jrrrrons. In
asc a Membcr Srare does nor raiili 3 Coni€nrio'r, ir n under the obtigarion ro report prriodicaltr,,
,r,.o:.io, - . ndt J.ri , I -g: i o,.e t er oe.t, /i,tl,,he, o .c:rro,. inui.,r. g
rhe ditilculries dur prevent or delay rhe ratificatior c,fsuch a Convention. Howort, a Conven ol,
ei'en if raritied by a Member Stare, clocs not automarically become binding udes n has securerl
a minimun rLrmber ofratificadons. Thc number ofratifi.ariors required !o brins a Coovenuon
4. 4(r0 . l,,Jrrri R.r+"ns E,k,e"! pr,;,l.ni
ilro li,..t r 6xtd in (.1(h.r!.6r rtrr rcrn,s ot.tr. Lton!.frion:
!,rli.ic nr dr. $car ,.ijoriry oi.:&.s
Recommendations
trro raiil.:{ions b.tn.c EMPI(
Ktepnrl
aidir.q r
niigraro
COLLE
lLO has
house. I
I,ABOR
oj llo. i
RESEART
In rl
. R..on,n,.nd:,,1on.,,i rhi orh.. Lri,d, i-.,:or rr n.cligirio! r:r.riire irsa renr. tr ir !r,rndcJ
ide to rhc lvlemhc.ratts ir res1l..r ofdr. hinnn!n l:.bour srar,t:vcls. coorcmtng
rhe s j(r mrrrer oi rht Recomnendarion. A tr.tembcr Siar.. oj .ou,e, h* ro E,rrng rhc
Rccommcndarior r(, rhc rorice ofd,c rppropriate auitrorjn Fj,t,jn on. r..ar trr rhe nrlr., rs
.l. u d.....r."J,"n.t.r ,..,,,.. o,,.,,,i
hr.slDg rht R...nm.nda.ion ir+;,. ,l,c .onrter.nr aurho,irr. ilr n,.hir otrlicrrio,r ,*,,
upon rh. I1-nlrcr S'rr.s cxccpr rh.u rh hrr- ro Lcpn :,. md rvh.n r..iur{..1 tr" rh;(;!,.,,,,rs
Iirrr.;lrrr,.irr rl,i.rl.:r nrrl,irhc(iLr ., 1. . f,rn,L h.._ ro rh.
pr.r,skms .,1 rhe Rrlnucnilarior. J huj. r ilI.mscr Sraic is ir.r .r n,odi6, rhc ;Ni.;".. ,,r
rlie Rc.orDnicnd,rlion r,r, Lii. t,,rfosr ot ttgjjterio. or implrncrrrrio:.,,r,t,t
"',,.,,t,.... rlr i (..nvcnrion.
MAJOR ACTIVITIES OF ITO
I he ILo h.6 had. r.ler)r]e$ etfor ro achi.le rh. obj..rivcs s(1 rorh i,r rlr. Lorr.i[urion t hc
m,i.r &rifiri.s.i ILO r.lare ro: imt),okm.nr o1 ryork anil tifi.ondiriotrs. rtrvclLlnenr of
rd ,, . I .ri. .rd r ... .. .t.. r,q I , r, . r ,(h: d
rhenprovcmenrofcr:rndirionsot*orkrndlir.i,,.p,,,,,,.,:..,,,.r ,.g,"",r ,t i,...,",.*r
acthr desiencd ro adiu{ rhcse.oiai,i.nr n rlf r.qururoo.,r -..J;-8.* :t Ji uagcs or
".j'. l. .r .. i.,,,.,,.1 , .;.".,t.,,.i.
eror'.h. l:ic trogranmes n1 ihr fietd (,t humri .ey,ur.( .r inr.n.l.d ,- j",*,,i". p.i-tpt",
3nlt poli(ics whrh droul.l g.,.n Ltr. d.1.lo|nmr rrrt uritr:rior or hunln reru.s, an.i &)
encourasc ther atpli(aii.. rhrough rechrn:al pr"rr:mmcs r ttl fi(lds ,rf .mDt,,rnc., n.ti.,,
ard (n+nouxnr p..,norion, vo.a.ional guida, .. ,;.1 r r n,ne L, i ,,,f
",1,.,
*J',,*.";":;i
inlg. .,,,,", ...r,ir, d^,r I.i .,,n. u.or u..uf,,,.,,. t:.",.puryose bchlnd dr. deyelopm.Dl of social ursrirurions n .ro
idcnrlt-/ Md &lmnce sluri.ns r.
r, ob ,.,,.,. I' rl, r, ,in. .j,d p' , n,. ,.,, , |,"t,.r.. ,.. .;";. "." , d.. ot , r .r.t ..rt,.r...t .n.."J nrp.
rural organisariorr, and dtffcrenr forms of entcrydse,
",d
ih; ,.p-;",""" .t 1"b.";..hfion,
ar va.ious leycls - undenaking, indrsrq,.. regionrt ind Diri,,nai.,,
CREATION OF INTERNATIONAL STANDARDS OF LABOUR
A' iDpor.arr .crivii! ol ILo n r[e crcarion ol irrerna*'e] srodards oi irrrour on v.rlous
11.,, ,,J.',,.,, ,,,, T,, , J,,rt f,iuarjh b, rh. ldopri!,.
"rc."*",i.". -,,r(c! rnm!,,.tJr... rhc t.rru* uiL,l,.h htvr atreld) been erptiined eaLti.r in rhr ctrark..
Th$e Conri.ri,,ns rnd Rccomnenriarnrr, har. .oreri.t a wrtc ,erieo.ot area; such as basc
hunianrights,.n|loynr.i1,coldlrionsofrvorlin,]tr.Lfl,]l.]tr,.n'
ol chlldren rnd romen. t3liour idmi.isrra.ion, socfut poticv rnct nlrcrs
"ii*,t.'g ,'p_*r_..r; lt. _
,l 1.r,.,. t. . ..J . d ?," ....";
r,,i, ,r rh. rhrpkr 1rt. rn, tnruns rnd Recommendari,as tave corributed,,".t ,o,"-a,
rhc esrablislnn.or oi unitirrmli! ln tabour sanitaLds on a g]obal basis .,a r,,* ;,,rt,.,,*a
labouL legnlrtior rnd coltecrire 6arcaxrjng ln n,enlber.ouDrrjes
5. ( being
Chapk, T t-mr.i; Dnn',,.tli,lF. ll.lr.,
'
401
EMPLOYMENT PROMOTION
Kccpirg ir vie*'tht mrndarc undtL tle PhiladcLphia l)"lariilior' ILO esists ourrrits h rhc
n,,..r.1 ''reh'.'r.. lr'ur.r' lro| i' lh 'urr'' llLr I i 'g d'o 'ij
:' j r" r'-d'
J I r r ., , iDo'ol '.r'' ''" ' 'r ' rn
,h.
";,.1.,,"-,.
rn.'n,e aoJ ,.eani".roon.rl rcquirenents of unprorccted and unorgar;trl
"..i,t.,",,,,r.,n,ro'."r ",''r" n,1'J "u, "'''e -n"girr'
rhe rrusirion f,.- S.,;.'.;. ro mrrkeroricnted economiesr responiling to the ircrea*d
;, .
"."., "...".,"
r.'uluLlq hom rlemo,erupliic chrngcs' strucmral adirsrmennnd ubalanccs
' , ..", ..''i.- lon r"'oi,'r' q
.'^d
Pu"'':e
.,p".i"l1l' rAn",.U. g,,,.p,, ,,,d ,f," clnrinatior of Lliscrnrination rgrinsr slctific groups
COTTECTION AND DISTRIBUTION OF INFORMATION AND PUBLICATION
ILO has bcen a world reposito.v ol nlb narnrn oD lrbourind$ci:1'luesonsrndapublishing
i",r,". ir," r,-, collccrs inforrration on a global basis, on a *idc varieo oI socjal and lah""t
ll,+l-.ll
".a
rnakes rhcn a'rilable to t|e membcL countrics' Srarisric-' collecrcd br- ILCI rre
,,,i.-,"1r' *g..al es an aurhxnarive souLcc oi starlsticJ inlirrrarion' RestaLch acconip'nies
.,d .e,.i...:' the activjrics rclrring ro collection of iniorniaiion The ILt:) opcLatcs 'r"
Lncrnatnr.al I abour lrlomrtion Service on social and hbour qucstions which is drmu
errtnsirelvonitsrich]ibrarycontainingmorerhanrwo]akhtitlts,Thelibraryolllopublishes
I.ADORDOC, a datrbte ol major iiretrture on IL(l interesrs' and prcvidcs inlo Da'i'"
Liocumcno. rncl so onro lL( staffand aust Lrnge of llo Lchred titutions usugav:'i''n
of n,odtm nrfomatnr technolosies
Ihe IL{) b,nrgs out a ntrnberof aurh'"''pul' rLrr n r r L rrrrr urriiallru
.",r ,;:iJ t'*-, ,*.a-,r .r.*.- works. r..hni,rr 5ui'1es ur 1c' L'lrrcd roPr' rlin or
,',.'.. '' ',,,. ,'' ,'' ',
", ";. .' l..p... o, d.rb:..rr.r. . ','. -d. " " ."'l''L:"
R ,;!..-,.,,r,,,r.l:,'ut .. l' "t'oo' t"
'.,:i
, n i),,', t, t LoL'0,., ta,,,,.n.., ,,t) Yca' Book af Lrb'"r stnti$'/ nd Buttetin af
lit, - n-'t 'ata- L'aL" 'a ' I t 'o--
n I fn32 -
"i
tt,eL. lu e,q,t"p,,,l;, af Otu?niL rl H'rkl old S'tfta
' kxnat;onal Lfiau'
9o"r"t'nr'
i,,i i,,",,,,,,,"i,',),' ,,,,1 ix,t"ia, rns.-trc f'r su1'oLiw1 Deuhpnetr' are a re* no*ble
among numerous rirlcs publishtd bv 1Lt)
RESEARCH AND STUDIES
ri
iI
i
i
i
i
,
I
I
I
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tr.erning
ring the
,$ or l8
rhe mair
l.Jorerhelcs LesaLches anrl sruLlies rL:rng rc
. pl . ,. ,
.r-!.r'.' ll,' - nl "" 'L
snecific laborr rnd st,cial issucs heve becn
,*,,]r rublishcd. Somc ol rhe nroLe notable
scouiri. xorkng mn,lirions. ;rdusrrjJ safel'
rnd healfi and manporver de"elopment
ir this tieLd, rlrt rolc o1 the lntcLmrional lns urc of Lrbour Studi's loLrnded iD 1960
-a ,*,J,-g ,-+. .hc auspitcs ol I1'O h' rcr'i sl' l-<'m; il"rnuo Th'
:*':":'
,;.sarrajsirieawuenesoflaboupreiatedprobL<nLslnJ"Inlct]r!J5]PllolLlrl.toltheli-.,,n",""-:i-i.".",.
,1"",c ol rhe Insriture s i"*t' ;' t' *'"i"" rhc posible corrrriburion of
i,1,..,. ;"*;.*i.^ to economic developnent and social progrcs' Lalrour or soclal instnutions
6. 402 . i^d6trial Re i.n, Em?ieins P ddems
include: "fornal org.rnlsa.i..s such x n:rlc urr"n. md emp
"ro. u sell as thc
rulcs goveLnnig rheir inrcracrions, iriL ing industrial relarions svsrem, dreir regulations anrt
laws, anri rhe lnformal socjal rlechrnis,ns regrhting hbour mrrkers.
TRAINING
The ILO has anributed grear impo.rafice to training.'1hc Htrmrn Resour.es Dcvelopment
Convention (No.142),1975 rcquires rht- raril,ving countru to adopt and dcvclop poli.ies aDd
progrmmes in collaboration with emplovers' rnd workers org:nnations, and to a-ssist al1 persons
on rn equal foornrg to doclop and ulilisc $cir iocadon:t proficicncl in their owr interesr od
according to rheir isplratlons. 'l he Reconhendarion (No. 150) adoptcd dic samc year g rcs
,lerails of rhe princi/cs ol uaining. It deJs ulth vocational qu ance and trriohg * rvell rs
oainlng in manrgencnr liurrions aerl sellenpiolmcnr, and l,roeummc; nr.tdcd tor q,ccific
regions end specilic carcgorics oi rargcr groups. Ihe rraining activ,ties ot Li.O are Neniialh
6ased on rhe guidelincs contanrcd io the Recomn,cndation.
The principal role c,f ll-t ) ir the lield of traning is that of an ad"neL. lr makes availabLe to
the govemnenrs, sociel panncr and public and prirate trainers, rhe se*ices of ns expcirs.
training designs and aids in a varietr of training progLamnies such as vocational rrain,nq
apprenticcship traniing, and drose for the unemploved, wornen and specirl r"rgct groups.
The lLO has ab exabl*hed the lnre.n.rrional Training tlcntrc at Tur in Italyr fllr
CcnrLc is conurntcd ro the devcloprcnt of human resources brsed on the principle that 'tucn
an itesrmem in hunan opaciv is rl,e mosr ellicicnt mcans ofsocial advrucemenl and ssurng
rhefutureofdevelopirrgcountriesorrhoseinrransutun.'lhesubjc.sdctctnincdjontrlrl,v
ILO and $e Centre include: niinagenenr tralnirg, workers educarion. indurial rehriors.
progrummcs 6r rvomen, health and safery, social securitv, and r on. 'Yirhin rhe United
Narions system, rhe 'lirrin Centie is norv rccognred as ar etrecdve meens ot improvnrg rhc co-
ordination beween the dif(renr a.tors involved in technical co operatlon."
IMPROVEMENT OF WORKING CONDITIONS AND WORKING ENVIRONMENT
For improving *orking .ondirions and environnienr ILO adopts in a co-ordinrted manner
v,trious means of action including inrernational srandards ol labour, studies and researcli,
collecdon od diftusins of inforuation md rechnical co-oper.rion. tur xppr..iable nu,rber ol
Convenritns and Recomrnendations aim at achieving the otjective. rhese have been discused
in some detail larcr in the chaptcr. Apm fLon persuading rhe member countries to applv rhese
randards, ILO makes available consultancy services ro counnies ma[ng Le,]uest, rnd devclops
naining acrivnies ro faciliute the actions of all involved.
DEVELOPMENT OF SOCIAL INSTITUTIONS
The lLOs progrrrlrmes in this spherc relrte ro, development of vorhex' and emploven'
organisations, nnprovemcnt h labour lcgrlation and industial relarions, sorkcr' educaoon,
labour :rdmiristr:rion, co-operarlves and rural instituriors.
Thc lntcmationJ nainirg Cerrre also organises special courscs for merr$cr of workers
orglnisrrions iron clifferent pans of the world.
'Ihc ILO asshts countries in formuiati s and developing their labour policies aid labour
adminnrration ard ro hprove l.rbour inspecrior and enrploym€nr services. The role of ILO in
rhis resard I
The It_
disrribution
During
OTHER ACl
ot Indusdat (
l. Condn:or
2. Emplol,rn
3. Ernploym
1. Indusri,l
5. Social sec,
6. Irdusffial
7. Emplo'ml
8. Other spe
CONDITIONI
The Inrernarior
7. rvell as the
rtions and
'elopment
licies and
rll persons
terest ald
year gives
as weli as
rr specific
:ssenrially
ailable ro
j exPerrs,
training,
'ouPs.
taly. The
tat "such
assuring
rintly by
'elations,
: United
i the co-
.IMENT
mann€t
esearch,
mber of
iiscussed
,ly these
levelops
rloyers
Lcation)
vorkers
labour
tLO in
Chapt€r 7 Inte,ndlond Dtmenson ol lndustrtal Reaton o 40j
this regard has been discussed in detail in further chapter. lt arso meets requests from the
governmenrs for advice or technical assisrance in drafting labour laws, undenaking their revieu,s
and adapting laws consistent with irs established principles.
The ILO supports and promorcs co-operarives as a means of reiieving poverq,, creating
employment and generating income. In its programme relating to co operarives, it ..rco,,r"ges
voluntary membership, auronomous decision-making, democratic control, and.q,.,it"f,l.
disrriburion of benefits and risks. The organisation collaborates wirh national
"o-oi.r".i
r.
movements, nongovernmental organisations, governmenrs) and organisations of employers and
workers in formulating and promoting these objectives. It provides advisory and information
services in regard to leeislarion concerning co operatives and human resource developmenr.
an.l extends technical cooperatiou.
During more recenr years, the development of rural institurions has received special
atrention of ILo. Many activities of the organisation such as establishment of internarional
srandards of labour, employment promorion, training and technical cooperation have given
particular amenrion ro the development of rural institurions and informal sectors.
OTHER ACTIVITIES
Some other activities of ILo relete ro such areas as: promorion of universal respect for the
observance of human righrs and rights at work; undertaking regionai programmes; establishmenr
of Industrial Committees; undertaking special programmes for specialiy handicapped groups
of workers such as children, women, migrants anci disabled; and establishing Jl"bo".".ion
with other internationai organisations having a bearing on its policies
"r,d
prog."-me..
As on March 31,2002, ILO had adopred 185 Conventions and 193 Recommendations.
The details of the convcntions and Recommendations have been discussed below under suitable
heads.
Conditions of work, including hours of work, weekJy rest, holidays with pay and wages;
Employment of children and young persons;
Employmenr of women:
Industrial health, safery and welfare;
Social securiry;
Industrial relationsr
Employmenc and unemployment; and
Other special categories.
CONDITIONS OF WORK
The Inrernational Labour organisation has devoted continued artention to the working
conditions of rhe labour at work places including hours of work, weekly rest, holidays wirh pj
principles and methods of wage regulation, and labour administration and inspection. A large
number of conventions and Recommendations covering these work conditions have been
adopted by the International Labour Conference.
8. 404 e lndustnal Reations, Emerglns Pa'edisms
Hours of Work
(a) Industrlt: The Hours of (ork (lndustry) Conventiou (No-1) adopted in the first session
of the International Labour Conference in 1919 relates to hours of work in the industry.
The Convention lin.rirs the hours.of s'ork in industrial undertakings ro 8 ir thc dav and
48 in the week. It provides certain exceptions in respect of persons holding positions of
supervision or management, and those employed in confidenrial capaciry. The working
hours may be exceeded in certain cases (for example - in case of accident or in case of
urgent work to be done to machinery or plant or in continuous Processes, subject to
certain condirions). The Convention contains speciai provisions lor countries where the
48 hours work might be inappiicable. India ratified the Con"'enrion in 1921' on getting
a spccial relaxatkrn.
(b) Mines: The, Hours of !7ork (Coal Mines) Convention (No 3l),1931, subsequently revised
(.)
by Hours of Work (Coal'Mines) (Revised) Convenrion (No.64), 1935, regulares hours of
work in coal mines. The time spent in the mine by the workers employed in underground
and hard coal mines is not to exceed 7 a.rd. 314 hours in a day. However, in case of
underground lignite mines the time spent in the mine may be prolonged under certain
conditions by a collective break ofnot more than 30 n.rinutes. Hours ofwork in open
hard or lignite mines ate not to exceed 8 in the day or 48 in the week.
Road tansport: The Hours of !flork and Rest Periods (Road Tiansport) Convention
(No.67),1939, prescribes rhe hours ofwork ofprofessional drivers ofroad transPort vehicles
to 8 in a day and 48 in a week. Time spent in work done during running titne of the
vehicie, time spent in subsidiary work, periods of mere attendance and breaks of rest and
interruptions of rvork are to be inciuded in calculating hours of work. The Hours of Work
and Rest Periods (Road Transport) Convention (No.lS3) with improved standards was
adopted in 1979. Night lWork (Road Transport) (Recommendation) (N0.64), Methods
of Regulating Hours (Road Tiansport) Rec.(No.65), and Rest Periods (Privare Chauffeurs)
Rec.(No.66), all adopted in 1939, deal with night work, merhods of regulating hours of
work, and rest periods, respectively o[ private chauffeurs.
Commerce and offices: The Hours of Work (Commerce and Offices) Convention (No.30),
1930, prescribes the maximum of 8 hours in a day and 48 in a week for workers employed
in commercial and trading establishments, administrative offices and mixed comniercial
and industrial establishments. It provides cefiain excePtions on prescribed conditions. The
spreadorer, howevet is nor to exceed 10 hours in any day. The Hours of Work (Thearres,
etc.) Rec.(No.37),1930,Hours of Vork (Hotels, etc.) Rec.(No.38), 1930 and Hours of
Work (Hospital, erc.) Rec,(No.39),1930 also concern with limiting the hours cf work.
Other establisltmetls. Separate Conventions and Recommendations regulate hours of work
in public works (Con.51), sheet glass works (Con.43), glass bottle works (Con.49), fishing
industry and inland navigarion (Recs. 7,8).
Conventions prescribing 40 hours a week were adopted in 1935. The principle of40
hours a week was embodied in these Conventions mainly as a result of the existence of
widespread unemployment at that tim€ and it was considered desirable to reduce hours
of work in a1l forms of employment so that workers might be enabled to share the benefit
of rapid technical progress.
(d)
(.)
Weekly Rr
Thc lWeekl
employed ir
rest amoul
1!'1ay li,l9
The l
employmenr
Air article c
weekly rest
Holidays r
'l'he Holida
6 working <
be less than
sickness are
industrial a
for the trea
boarding h,
amusements
by the Holi
Con.(No.l01
but the aut
particuiars.
rvas adopte<
The l
Rec.(No.93)
pay. Recc,rr
Convehtior
Recon
should be o
a period of<
Persons exc
minimum a
rvith the sa,
Wages
The Internr
dealing witl
(r) Protee
Protec
regula.
only t
agreeI]
notesr
9. 'st sesslon
:indusrry.
: day and
)sitions of
r working
in case of
;ubject to
where the
)n gefting
tly revised
s hours of
derground
in casc of
.er certain
k in open
rnvention
,rr vehicles
rne of the
rf rest and
:s of
'Work
dards was
Mbthods
lhauffeurs)
3 hours of
r (No.30),
employed
cmme rcial
tions. The
(Theatres,
Hours of
f work.
rs of work
9), fishing
iple of 40
<istence of
luce hours
rhe benefit
Ch"pter 7 l"te,natona Di*e"sion of l"dusi,ial Reldtion . 405
Weekly Rest
The Teekly Rest (lndustry) Convenrion (No.14),1921' provides that "the entire personnel
employed in any industrial undertaking is to enjoy in every period of seven days, a period of
..,t l-orln,ire to et Ieest 14 consecutive hours'" Iirdia rarified the Convention on
May 11,1923.
The Hours of .r,ork (C.oal Mines) Convenrion (Revised) (No.46),1935 prohibits tire
employmenr of miners on underground work in coal mines on Sundays and legal public holidavs.
Ah article of Hours of Work and Rest Periods (Road Tiansporr) Con (No 67),1919 provides
rveekly rest o[ at least I 30 consecutive hours for road transport travelling stafl
Holidays with Pay
'I'he Holidays with Pay Convenrion (No.52), 19j(r fLes thc lcngth of holidays ar not less dratr
6 working days after a ve:lr's service. and for persons under 16, the annual holidays are not to
be less than 12 working days. Pubiic and customary holidays a[d ioterruptions ofwork due to
sickress are nor to be included in the annual holidays rvidr pa} Tire Convention applies ro
indusrrial and commercial establishments including newsPaPer undertakings, establishments
for the treatment and care of thc sick, infirm, destirute or mentally unfir; hotels, restaurants,
boarding houses, clubs, cafes and orher refreshment houses; theatres and places of public
,-rr.-.,,,r, and'mixed commercial and industrial establishments The Convention was revised
by the Holidays with Pay (Revised) Con.(No.132),1970. The Holidays with Pay (Agriculture)
ion. (No.lgl),1952 lays down the principle of granring holidays rvirh pay to agricultural workers
but the authorities ol .ach counrry are free ro decide the length of the holidays and other
parriculars. Another. Convention, nan.rell Aflrual Lcave u,ith Pay for Seafarers Cor. (No. 146)
was adopted in 1976.
The Holidal,s with Pay Rec.(No.47), 1936, Holidays with Pay (Agriculture)
Rec.(No.93), i 952 and Holidays with Pay Rec. (No.98) 1954 also concetn with holidays with
pay. Recommendation No.47 defines certain poiuts covered under the Holidays with Pay
Convention (No.52), 1936.
Recommendation No.93 lays down that, the minimum length of rhe holidays with pay
should be one working week for aduks and rwo working weeks for persons under sixteen after
a period ofone Year's, continuous service. Recommendation I'Io.98, which applies to a1l employed
p.r.on, .*..p, seafarers, agricultural workers or persons in family undertakings, prescribes
-inirn,rln annual holidays with pay of two normal working weeks after one year's employment
with the same ercployer.
Wages
The Internarional Labour Conference has also adopted Conventions and Recommendations
dealing with the protection of s'ages and methods of minimum rvage regulatiott'
(a) protection of uLages: The Protection of wages Conventiolt (No.95),1949 deals rvith tirc
protection of wages. The Convention provides that wages payable in monev must be Paid
iegularly in legal tender direcrly to the.,vorker concerned and deductions may be permited
o.,ly,r.rd., condilions and to rhe extenr prescribed by national enactmerrs or collective
agreements or arbitration awards. It also prohibits Paymenr in the form of promissory
,rot.r, rrorr.h.r, or couPons. The Protection of Wages Rec'(No 85) which was also adopted
10. 406 . lndustria Rel.tions: Eme.sins pdddisms
rhe same yeat conrains derailed rules in respecr of deductions liom Wages, fixation of
wage periods, maintenance of wage sratements and pay_roll records_
(b) Minitnum wages: ^fhe Minimum r{/ages Fixing Machilery Convention (No. 26)1!2g,
which has been ratified bv India, provides for the creatio, of, *,,g. fixing machinery in
ccrrain trades. fhe (lonve'ticin requires consuitation rvith the ..p.es.ir"tiu., of th.
employers and workers before such a machinery is applied in a rrade and ir imgoses an
obligarion olt the ratifying counrries to associate both, the employers and workers in rhe
operation of the machinery. The minimum wages fixed by trre machinery are to be binding
on employers and workers. The Minimum Wage Fldng Machinerv Rec.(No. 30) was alsl
adopted the same year. The Recommendatio., req,,ire, such a machinery to investigate
into the conditions ;elevanr to rhe trades and to corrsult rhe rffccted int"."rt, b"io..
fixing minimun wages. Anorher Conventior.r, namely, the Minimum Wage Fixing Con.
(N 0.131) wirh improved standards was adopted in 1920.
. The Minimum lVage Fixing Machinery (Agriculture) Convention (No. 99), l95l prescribes
rhe creation and mainrenance of adequate machinery for the fixation of minimum rates of
lages
for workers employed in agricultural underrakings and related occupations. The Minimum
ri{age Fixing Machinery Rec.(No. 89), 1951 also deals with minimum wages regulation in
agriculture.
Labour Administration and Inspection
Though most of the Conventions adopred by the ILO Conference contain provisions of
enforcement, a few conventions and Recommendations dear excrusiverv rvith the problems of
labour adminisrration and inspection. The Labour rnspeoion convention (No. g1), r947
requires the governments to maintain_ a system of labour inspection for rhe purpose of securing
the enforcement of legal provisions relating to condirions of work and rhe p.otectio,l of *orkeri
while engaged in their work, supplying technical informarion and advice to rvorkers and
employers and bringing to the notice of the competent authorities, defects or abuses not covered
by law. India ratified the Coayention on 7 apiil 1949. The Labour Inspecdon (Agriculture)
con- (No. 129), 1969 deals with labour inspection in agriculture. The Labour Administration
Con. (No. 150) was later adopted in 1928.
-
The Labour Inspection Recommendation (No. 20), 1923 deals with the details ofschemes
for labour inspection. The Labour Inspection Rec. (No. gO), 1946, the Labour Inspection
Rec (No Bl), 1947, and Labour Adminisrration Rec. (No. 150), r97B arso deal wirh the
problems of labour adminisrration and inspection.
EMPLOYMENT OF CHILDREN AND YOUNG PERSONS
The Internarional Labour Conference has adopted a number of Conventions and
Recommendations dealing exclusively wirh the employment problems of children and young
persons. Besides, a number of orher Conventions and Recommendarions relate directlv oi
indirectly with the conditions of youth. Srandards affecting rhe emproyment .onai,io^ oi
children arrd young peruons relare ro minimum
"ge
of employ-merr,, prohibi,ion of employmenr
of children and young persons in certain hazardous o.cupations, medical examination,',right
work, and preparation For employment.
Minimur
'fhe Min
Con.(No.,
(Non Ind
Con.(No.t
the industr
rwise d resp
Age (Sea) t
(Revised) (
to 15 years
and. Srocke
of young p,
Minimum.
in undergr
Cion.(No.l.
Medical I
The Medicr
Persons (ln
C)ccupatior
Con. (No.1
Con.(No.1i
for employ
procedures r
provide that
fit on exarn
borne by tl
Night'Wor
The Interna
restricting r
rhem with :
recreational
The N
ratified by
underrakingr
are not to b
interval betrr
Persons (Inc
rest lor your
not ro wori<
ratified by Ir
The N
(No.79),194
11. fixation of
. z6)t928,
rchinery in
ives of the
mPoses an
kers in rhe
be binding
C) was also
investigate
:sts before
ixing Con.
. prescribes
m rates of
Minimum
;ulation in
visions of
robiems of
8t), 1947
:f securing
of workers
rrkers and
ot covered
griculture)
Linistration
rf schemes
lnspection
I with the
:io ns and
rnd young
lirectly or
ditions of
rployment
ion, night
Cldpt€r 7 liie,.diiondl Didens;n ot tidustrial Rel.tion . 4OZ
Minimum Age of Employment
The Mininum Age (lndustry) Convention (No.5), 1919, the Minimum Age (Sea)
Con. (No.7),1920, rhe Minimum Age (Agriculture) Con.(No.l0),1921, the Minimum Age
(Non-lndustrial Ernplovment) Con.(No.33),1932, and rhe Minimum Age (Fishermen)
Con.(No.l12),1959 provide a general minimum age of i4 years for admission ro emplol,rnent in
the industries covered bv rhe clonvenrions. Conventions Nos.5,7, and 33 r.ere subsequently
revised respectively by the Minimum Age (lndustry (Revised) Con.(No.59), 1937, the Minimum
Age (Sea) (Revised) Con. (No.58),1936, and the Minimum Age (Non Industrial Employment)
(Revised) Con.(No.60),1937. 'l'he revised Conventions raise the minimum age of employment
to 15 years. Convention (No.5),1919 has been ratified by India. Thc Minimum Age (Tiimmers
and. Stockers) Con.(N" 0.1i),1921, u4rich has elso been ratified by India, prohibits the employrent
of voung oersons under 18 years in the hazardous occuparion of rrim'rer a,,d stocker at sea. The
Minimum Age (Underground Vorh Con.(No.123),1965 regulares minimum age of employment
in underground operarions. lndia ratified the Convention in 1975. The Minimum Age
Con.(No.138),1973 contains improved standards of minimum age of empioyment.
Medical Examination
The Medicai Examination (Seafarers) Convention (No.73), the Medical Examination of you.g
Persons (lndustry) Con.(No.77), rhe Medical Examination of Young Persons (Non-lndustrial
Occupations) Con.(No.78), all adopted in 1946, the Medical Examination (Fishermen)
Con.(No.1l3),1959 and the Medical Examination of Young Persons (Underground Work)
Con.(No.l23),1965 concern with medical examinarion ro determine the fitness ofyoung persons
for emplovmenr. The Medical Examination o[Young Persons Rec. (No.79),1946 suggests
procedures fol applving the provisions of Conventiorr Nos.77 and 78. The Conventions mainly
provide rhat young persons upro i8 years shall be employed only after rhey are declared physically
fit on examination by a medical pracririoner. The cost of the medical examination is to be
borne by the employer.
Night W'ork
The International Labour Conference has adopted a few Conventions and Recommendations
restricting nighr work of children and yourlg persons mainly with the purpose of providing
them with adequate rest, reducing rheir latigue and ensuring adequate time for their normal
recreJtional and , ulrural acriviries.
The Nighr Vork of Young Persons (lndustry) Convention (No.6),1919, which has been
ratified by India, prescribes resrrictions on night work of young persons in industrial
undertakings. The Convention provides that childrcn and young persons under l8 years of age
are not to be employed for work at night for a period of 11 consecutive hours including the
interval benveen 10 p.m. and 5 a.m.'fhe Convention was revised by the Night Work of young
Persons (lndustry) (Revised) Con. (No.90),1948 which extends the period of uninrerrupted
rest for young personi under 18 from 1l to 12 hours. Young persons under 16 years of age are
not to work between 10 p.m. and 6 a.m. The revised Convention (No.90) has also been
ratified by India.
The Nighr lVork of Young Persons (Non-lndustrial Occupations) Convention
(No.79),1946 regulates night work ofyoung persons in non-industrial occupations. The
12. 408 r lntusrrial Relations: Emereins Paradisms
Convenrion provides drat children under i4 vears of age are not to be employed for work ar
night during a period of at least 14 consecurive hours The same provision is applicable in case
of children over 14, who are subject to fulI time compulsory school attendance. Young persons
under lg and children over 14, rvho arc not subjecr to compulsory school attendance, are not
to be employed ar nighr during a period ()1-ar leasr 12 consecutive hours. The Nighr work ot
Young Persons (Non-lndustrial Occupations) Rec. (No.80),1946 lays dou'n the details and
administrative procedures to be follo'wed in respect o[ the Convention
Preparation for Emplol'rne nt
A number of Recommendations deal
"tith
thc probiem of preparation for the empiovment of
chilclren and l,oun€! pefsons. Notable Recommcndations are: bcarional Educarion (Agriculture)
(No. 15), 1921, Unerl1ployment (YouDg Pcrsons) (No.'15).19.i5, Vocationai Educarion
(Building) (No.56),1937. Vocarional Training (No.57),lg3g Appreoticeship (No 61),1939,
the Employment (Transirion from war ro l,eace) (No.7l),1944. and rhe vocational Guidance
(No.g7i,1949.'Ihe Recommendations are based on the principle that voung persons should
have free access to rhe available training courses designed to meet the needs of both, voung
persons and the economic, and social conditions of particular counrries. The training courses
are to be co-ordinated with the activities of the authorities responsible for employment poliry
and education and ar the same time, financial assistance has to be rnade available to young
person. receiving training for vocaricn.
Apart from the Convenlions and Recomrnendations listed above, a number of conventions
and Recommendarions apply equally to young and adult worLers. Mention may be made ol'
those dealing with hours of work, weekly rest, annual holidays with pa,v, indusrrial health
safery and welfare, Iabour inspection and employment services.
Worst Forrns of Child Labour
In 1g99, the International Labour Conlerence adopred the worst Forms of Child Labour
convention (No.182) and Recommencation (No.190). The Convention requires the ratifring
Member Srares to take immediate and effective measures to secure the prohibition and
elimination of worst forms of child labour as a matter of urgency. The worst forms of child
labour comprise: (a) all forms of slavery or pracrices similar to slavery; (b) procuring or offering'
a child for prostitution or pornography; (c) using, procuring or oftering a child for illicit activities
,,r.h
",
tr"ffi.kirtg; and (C) work likely to harm the health, safety or morals of children'
Recommendatiou No. 190 supplements the provisions' of the Convenrion'
EMPLOYMENT OF WOMEN
Though most of the Conventions and Recommendations adopred by rhe ILO Conference
apply equally to men and women workers, separate standards have also bcen created exclusively
"ii..ting,h.
wolnen workers. The Conventions and Recommendations adopred to regulate
condirions of employment exclusively of rvomen wori<ers deal rvith materniry protection, night
work, employment in unhealthy processes and equal pay.
Maternity Protection
The first convention dealing with materniry protecrion was rhe Marernirl Protection Convention
(No.3), 1919 which was subsequently revised by Convention (No. 103) adopted in 1952'
r nc l td rean
irnmediately
ro q,orl< for
pL,riod shoul
t'eceive cash
is not to be
(Agriculture)
ernployed in
No. i 03. and
aa5e a womal
oi lnaterrtity
should be pr
Ieasr an hour
or during ni1
Materni
Con. (Revise<
N4ember Statr
obiiged to per
is enritled to r
6 weeks' coml
case of illness
will be in accr
2/lrds o1' the
employment c
ensure that n
breastfeeding r
work to breas'
the appropriat,
benefit. The l
medical benefi
Night Work
The first Conr
Night ITork ('
(Revised) Cor
Convention (1
Convention Nr
or private ind
"consecurive h<
to India. authc
Convention. TI
in agriculture I
4l excludes fror
engaged in mar
between 1l p.r
13. :d for work at
rlicable in case
Young persons
dance, are nor
'Jight
lVork of
.re details and
mployment of
:r (Agriculture)
ral Education
(No.61),1939,
rnal Guidance
rersons should
f both, young
aining courses
oyment policy
able to young
,f Conventions
ry be made of
ustrial health,
Child Labour
s the ratilying
rhibition and
brms of child
ing or offering
illicit activities
i of children.
) Conference
ted exclusively
:d to regulare
)tection, nighr
'n ConYention
>ted in 1952.
Chapter 7 lnternatiooal D,m-'." .l "dust'ial
Relatlon o 409
The Maternity Protection Con. (Revised) (No. 103),1952 deals with materniry protection
immediately before and after child binh. It provides that no woman worker should be required
to work for ar least twelve weeks at the time of her confinement and at least six weeks of this
period should follow the birth ol the child. Such a woman rvorkcr shotild also be entitled to
receive cash and medical benefirs as a mamcr ofright by social insurance or public funds, and
is nor to be discharged during the peliod of her maternity leave. The Maternity Protection
(Agriculture) Rec.(No.12), 1921, applies the principle of the Convention to women workers
employed in agriculture. The Materniry Protection Rec. (No.95), t 952 supplements Convention
No.l03, and provides that the period of marerniry leave may be exlended to fourteen weeks in
case a woman s health makes such an extensiofl desirable. It further provides that the amount
oi rnateniry benefir shoulcl bc at par uith the earnings ofthe q'oman and her seniorirv right
should be preserved during the maternity leave period. The breaks ior nursing should be ar
leasr an hour and a half daily and the pregnant woman should nor be allowed to work oveftime
or during night.
Materniry Protection Convention (No.183), 2000, which revises the Materniry Protection
Con. (Revised), 1952, contains improved standards relating to materniry benefit. The ratif,ing
Member State is required to take steps to ensure that pregnant or breastfeeding women are not
obliged to perform work which is prejudicial to the health of the mother or the child. A woman
is entitled to marerniry leave for a period not less thar 14 weeks which will include a period of
6 weeks' compulsory leave after childbinh. She is also entided ro a further period of leave in the
case of illness or complications arising out of pregnancy or childbirrh, the duration of which
rvill be in accordance with the oarional lau'and practice. The cash benefit is not to be less than
2/3rds of the woman's previous earnings. It will be unlawful for an employer to terminate the
employment of a woman during her pregnancy or absence on leave. Steps should be taken to
ensure that maternity does not become a source of discrimination in employment. The
breasfeeding mothers are entitled to one or more daily breaks or a daily reduction of hours of
rvork to breasdeed her child. The rarifying Member State is required to examine periodically
the appropriateness of extending the period of materniry leave or increasing the amount of cash
benefit. The Maternity Protection Rec.(No.191),2000 specifies details relating to cash and
medical benefits, health protection, nursing breaks, and so on.
Night Vork
The first Convention dealing with prohibition of employment of women during night was the
Night Work (Women) Con. (No. 4),1919.lt was superseded by the Night Work (Women)
(Revised) Con.(No. 41),1934, which was revised by the Night Work (Women) (Revised)
Conventiorr (No. 89), 1948. Convention Nos.4,41 and 89 have been ratified by India.
Convention No.4 places a restriction on rhe empioyment of women during night in any public
or private iodustrial undertaking- The ConventioB defines "night" to signify a period of
"consecutive hours including the interval berween l0 p.m. and 5 a.m." A special article relating
to India, authorizes it to exclude undertakings other than factories from the provisions of the
Convention. The mdn provisions of the Convention were extended to women workers employed
in agriculture by the Materniry Protection (Agriculture) Rec.(No.l2),1921. Convenrion No.
4l excludes from its scope, women who hold positions of management and are not ordinarily
engaged in manual work. It also authorises the competent authorities to substirute the interval
between 11 p.m. and 6 a.m. lor the interval between 10 p.m. and 5 a.m. Convention No.89,
14. 410 . lnJust,isl Reldtiois, Eme,eiry pdrddisms
also in tbrce, in rndia. provides for a minimum resr period .f at least r I consecutive hoursincJuding an inrervai of ar least seven..hours frlling bln
""n
i0 p.o. and 7 a.m. The NightrWork Convention (No. l7l) (prorocol) rv",
"dop.Jd
in 1990.
Employment in Unhealthy processes
I hc. Whire Lead rpainriner Lonvenrion {No. IJr. lq2l prohibir. rne u,e of uhir< le.rd or
'ulphare oflead by women in indurrrial.painring. Arorh., .i,,..r,,"n rr.rmeJy. rhc UndergroundWork (l*omen) (No.45),1935, which has beei ratified Uy t,rli", tor.,,a, the employmenr of
:::::-j. Tl
H:d of underground mining. Exception, -ry b. made in respect of womenemploved on cerrrin non-manuaJ ur non induttral wor.. Ior in.rln.c. m;nagc,iaJ .ralL,raffo[
health and welfare service. A. Recommenciation (No.4), 1919 firrbids the emplovnrcnr of womenin a number of indusrrial processes involving proximitv ro ]e:r<l and zinc.
Equal Pay
The Equai Remunerarion convention (No.r00),r951. which has been ratified by India, calrsFor equal remuneration for nen a1d w1rn11, for work of .l*i,"f* The principle may beapplied by narional Iaws or regurarions. regalrv e',rabrishrd or a re( ogni,,ed rnachinery ror fixinswages,- collective agreemenrs or by a combination of these ,nethodJ i. ,r*i il;;"..#Rec'(No 90) suggesr various procedures to be followed ro.
",,*.i,rg
a progressive inrroductionof rbe principle. Discriminarion^(E-,p!I-*, *a O.."fr,i"rl Convention (No.lll) andRecommendation (No. Ill), 1958 and Workers with n"*iif n
"rp"r.iUilities Con.(No.l45)and Rec.(No.165),1981 also concern women.
HEAITH, SAFEry AND WETFARE
In promoting the interests of labour in the fields of health, sal-et1, and welfare, ILO has hadrecourse ro a variery of methods, flor example, inrernariona] ,.g.rlrriorrr, model codes, techniJmort,ographs on dangerour machinery. ;nd as(isrance ,o g'or.rn,n.nr. rn drafrinp srleryregularions. and so on. Conrenrions and Recommenda,i.r? i"-,i.." i.r;, :r;;:.,._;;:;:1principles concerning the prevention of accidents
"nd
ah. pro...,io. of health of rhe workersand also indicate the special requirements of p"rti.ul"i irrJ,rl,ri., and processes. TheseConventions and Recommendarior.,s m"y be discussed ;;;";.;;;.r,. sub_heads.
Safety
The Prevention of Industrial Accidenrs Recommendarion (No.3r),r929, the power,driven
Machinery Rec. (No.32),1929, and. the Labour Inspecrion n... fN".ZOt, f gZa deal with generalproblems of safety' Recommendarion No.31 p.o,rid.. in a.oii, J. merhods of co-operationbetween stare inspectorates, employers
",rd
io.k.rrl .rg""rr",,"", and other bodies in theprevenrion of accidents. It also prescribes the general p"rinciples ro be ernbodied in safervlegislation. Recommendarion N,,.32 lays do*., ihrt d;;;.; ;;,;ffi .;,;'#i:installed unless it is furnished *ith rhe safety
"ppliair.e.
."0",..J t, i"*'zu;;JJ;
T?:19
O-',0.i,*ar rhe princrpal fu,r.tio. oi tlr" irrrp.",iorr'ry*.=- should be ro secure rhe
::'l:::.,1.,1: :l
raws"and regularions relating to conditions of work and protecrion of workersInctud,ng marters ot satery and health. particular industries or processes in respect of whichConventions or Recommendations Loncerning safery have U...r rdip,.a include: docks, markingof weight, building construcrion, and coal ,rii.r. T'h. frl*f."g
"iV.rgirt
(packages Tiansponed
by Vessels) r
tonlle or In
weighr plair
Other
trl axirnum
Con.(No.l5
in Constru,
(No. 17 4),
A com
2001. k req
coherent nat
accidents anr
eliminating,
Convendon
and ergonorr
and protecti<
hazardous wr
time arrangr
Healdr in A1
spells out det
measures an(
Industrial I
A few (lonve
diseases and
Lead Poisonr
Lead (Paintir
by India, H1
(ratified by
(No.147),19
Construction
Rec. (No. I 77
Recomr
infeoed with
entry. Recom
and provides
irse of lead c
Recommenda
The Vhite L,
Jead and ,all pr
Eovironment
adopted in 1l
The Lab
of Governmen
15. lsecutive hours
.m.. The Night
' white lead or
e Underground
:mployment of
pect of women
ial staff, staff of
otent of women
by India, calls
'inciple may be
inery for fixing
Remuneration
ve introduction
n (No.1ll) and
Con.(No.146)
:, ILO has had
:odes, technical
Jrafting safety
iuggest general
of the workers
ocesses. These
ds.
: Power-driven
,al with general
rf co-operation
' bodies in the
rdied in safety
should not be
commendation
e to secure the
ion of workers,
spect of which
docla, marking
ges Tiansported
Clapt€r 7 lnterndtioial Dmensio,i ot lndunidl Re.tion . 4l I
by Vessels) Con.(No.27),1929, rvhich has been ratified by India, requires erery package ofone
tonne or more gross weight cor-isigned for transport by sea or inland rvater ro have its gross
weight plainly or durably marked on the ourside, before it is loaded on a ship or other vessel.
Other conaentions rchting to safety are: Guarding of Machinerv Con-.(No.119),1963,
Maximum fleight Con.(No .127),1967, Occupational Satity and Health (Dock Work)
Con.(No.152),1979, Occupational Safery and Health Con.(No.1i5), 1981, Safety and Health
in Construction Con. (No. 167),1988, Prevenrion of Major Industriai Accidents Con.
(No. 17 4), 1993, and Safery and Health in Mines Con.(No.176),1995.
A comprehensive Salery and Health in Agriculture Convention (No. 184) u'as adopted in
2001. It requires the ratifring Member Srate to formulate, carry out and periodically revierv a
coherent nariooal policv on safetl.and health in agriculturc. The policl'should aim at prevenring
accidents and inju4, to heaith arising out of, linked with, or occurring in the course of, work bv
eliminating, minimizing or controlling hazards in rhe agricultural t'orking environment. The
Convention prescribes standards relating to preventive and protective measures, safery machinery
and ergonomics, handling and transporr of materials, management of chemicals, animal handling
and protection against biologicai risks, agricultural installations, employment of young workers,
hazardous work, remporary atrd seasonal workers, welfare and accommodation lacilities, working
time arrangement, and coverage against occupational injuries and diseases. The Safery and
Health in Agriculture Recommeodation (No. 192),2001, which supplements the Convention,
spells out details concerning occupational safery and health surveillance, Preventive and Protective
measurts and provisions relating to special categories of workers.
Industrial Hygiene and Health
A few Conventions and Recommendations seek to prorect workers againsr certain occupational
diseases and health hazards. These include: Anthrax Prevenrion Recommendation (No.3),
Lead Poisoning Rec.(No.4), !(hite Phosphorous Rec.(No.6), all adopted in i919, White
Lead (Painting) Con.(No.13),1921, Radiation Protection Con.(No.115),1960, also ratified
by India, Hygiene (Corr'merce and Offices) Con.(No.120),1964, Benzene Ccin (No. 136)
(ratifiEd by India) and (No. 144) 1971, Occupational Cancer Con. (No.139) and Rec.
(No.147),1974, Asbestos Con.(No.162) and Rec.(No.172),1986, Safety and Health in
Construction Con.(No-167),1988, and Safety in the Use of Chemicals Con.(No.170) and
Re c. (No.177), 1990.
Recommendation No.3 suggests making arrangements for the disinfection of wool
infected with anthmx spores either, in the country exPortiog such wool, or at the Port of the
entry. Recommendation No.4 deals wirh the Protection of workers against lead poisoning
and provides that the employment of women and your-rg persons il processes involving the
use of lead compounds be permitted only on the adoption of certain health precautions.
Recommendation No.6 prohibits thc use of white phosphorus in rhe manufacture of matches.
The White Lead (Painting) Con.(No.13),1921, forbids the use of white lead and sulphate of
lead and all products containing rhese pigmenrs in the internal painring of buildings. lWorking
Environment (Air Pollution, Noise and Vibration) Con.(No.l48) and Rec.(No.l56) were
adopted in 1977.
The Labour Inspection (Health Service) Rec.(No.5),1919 deals wirh the establishmenr
of Government Health Services specially for safeguarding rhe health ofworkers. The Protecrion
16. 412 . lodust'dl Relatrons Emeryins Paralisms
of Workers' Health Rec.(No.96),19 53 relares to the prorection of health of workers in piaces
of employment and covers a wide range of health aspects including health hazards, medical
cxaminations, notification of occupational diseases and Ihe plovision of first aid facilities.
'Welfare
The ILO has taken recourse to a nurnber ,rf a.tivicies in promuring the welfare of workers. Two
Recommendations deal with various aspects of workers' welfare. The Utilization of Spare Time
Rec. (No.21),1924 deals with the principles and methods for securing the best use ofthe spare
time of rvorkers. The Living-in Conditions (Agriculture) Rec.(No.16),1921 recommends rhat
measures should be adopted to regulate the living-in cotditions of agricultural x'orkers with
duc regard to the ciimatic or other conditions affecting agriculturai rvork. Othcr
Reconmeudations dealing rvith rvelf,u e are: Xreifhrc Frcilirlc-' iNo. 101),1956 a cl Wc'rkc|s'
Housing (No. I 1i), 1961.
SOCIAL SECURITY
'Ihe ]nternational Labour Conference has givetr serious attention to the problems of social
security againsr various risks ro which workers ate exposed A number of Conventions and
Recommendations deal with workmen's compensatiotl, sickness insurance, invalidity, old age
and survjvors' insurance, unemploymetrr provisiorrs. materniry prorection and general aspects
of social securiry A brief description of the Conventions and Recommendations dealing with
social securiry is given under suitable sub-heads below
'Workmen's Compensation
Conuentiotts dealing with worbmens' cotnpenstxtion arr. (orkmen's Compcnsation (Accidents)
Convention (No. 17),1925, lWorkmen's Compensatiott (Occupational L)iseases)
Con.(No.18).1925, Equality of Ireatment (Accident Compcnsation) Con.(No.19),1925,
florkmen's Compensation (Occupational Diseases) (Revised) Con.(No.42),1934 and
Employment Injury Benefits Con.(No.l21),1964. The Recommendations adopted in this
fielci include: Workmen's Compensation (Minimum Scale) (No.22), Torkmen's Compensation
$urisdiction) (No.23), Workmen's Compensation (Occuparional Diseases) (No.24), and
Equaliry ofTieatment (Accident Compensation) (No.25), all adopted in 1925, and En.rployment
Injury Benefirs Re.. (No. l2l). Iq64.
Convention No.17 provides thar workmen should receive compensation for personal
injury caused due to industrial accident. Compensation for dearh or permanent disablemenr
should be in the form of periodical payments and iniured u'orkmen should be enrirled to
receive necessary medical aid. Reconmeudation No. 22 suggest certain scales of
colnPensatio n.
Convention No.18, subsequentiy revised by Con. No.42, provides for the payment of
compensation ro u'orkmeo incapacitated by cerrain occuPational diseases. ln che event o[ deat]r
resulting from such occupational diseases, compensation should be paid to the dependants of
the deceased workmen. The Convention also lays dorvn that the rates of compensation should
not be less than those prescribed by national enacamenrs for iniury resulting fiom industrial
accidents. Convention No.19 deals with equality of treatmeot in ntarters of compensation.
Conventions Nos. 18 and 19 have been ratified by India.
Sickness .
'fhe Sickrr
Con. (No.i
respectivell
of a system
least rhe fi
sickness. Ir
commencet
to be met
Conventior
mcdical car
Invalidity
In 1933, tl
the minim
invalidiry <
5), Old-As
Con.(No.3
and orherr
Conventior
of a quali;
contributio
public autl
down the ,
lnvalidiry
the same a
Unemplo;
The Unerir
the scheme
iaid down
satisfaction
period whi,
Provisions
Promotion
adopted in
Broader fi
Of late, th
social secut
intdgrated 1
Standards)
including r
injury bene
Conventior
--t*:3
17. ff. Two
e Tiqr.9,
e spare
ds thai
rs with
Other
{r rkers'
f social
'ns and
old age
asPects
rg with
cidents)
seases)
t,1925,
11 and
in this
rnsation
4), and
oymenr
,ersonal
)lemenr
itled to
ales of
nent of
rf death
Iants of
should
dustrial
tsation.
Chapter 7 lnternational Dl'tnslon of lndun'ial Relaton o 413
Sickness Insurance
,n. r,.n,,.r. lnsurance (lndustry) Conventiotr (No 24)' and Sickness Ttrsurance (Agriculture)
Con.(No.25), both adopted in tiii' d"ul rvith sickness insurance of workers ernployed
:;;:;,;i; i,t *a*,tt1'1na 'g'itultut"'
Both rhe conventions recommend the establishment
ofa system of compulsory
"t*"""
irrtt''"nt" arld provirle for thc pevnletrt ofcash benefit for at
least the first 26 weeks
"f
in"apacity to i"'u'"i persons who are unable to work owing to
li.L"r.. i"**a p.,tottt
'r'outi "i'l
bt -"'1" tn'itl"d tt' 1E66.1v6 free medical aid from the
commencemenr of illrress until .t-,. opl,y of rhe benefit pcrio<I. Th'e expenses of the scheme are
to be met borh by the trnpto""-Jni *otk"" Tht Medical Llare and Sickness Benefits
Convention (No. 130),
"pptt'""ttJ
U' Rec (No 134)'1969' plo'ides for higher standard-'
metiical carc and sickncss benefits'
Invalidity, Old Age and Survivors' Insurance
ln 1933, the lnternational Labour Conference adopted a series of Conveotions dealing rvith
the minimum con<litions ,r,", ..gi ro- t,. .o-pli.a with bv every scheme of compulso-ry
invatidiry, old age and t"'i"cl'' i"?"'"t" Th"'"
"e'
Old Age Insurance (lndustry) Con (No'
;i"-d;:G;ilt""*'fagi"rt.."l c" tN':O' lnvalidrrrlnsurance (lndustrv' a.d others)
Con.(No.38), Invalidiry r""""nt" iAgtiLrttu") Con (No-3b)' Survivors' lnsutance (lndustry'
and others) Con.(No 39) t"a-i"'j"ot"' lnsurance (Agri'ulmre) Con (No 40) All rhe
Conventions provide thatt't "g;t
to p""t" '1"y.
qt to"litiotttl upon successf'rl complet'Lott
of a qualifying period which may alto in'ol'e;'e Payment of a minimum number of
contributions. The expenses
"i
t;:-it;";,"t "t
t bt ,,,tt by insured workers' employers and
public aurhorrties. tht lnu.rlid*v' ijia-'og"
",la
Sut+t*':: il'-t-1*"* Rec (No'43)'1933 lavs
doun rhe derarl. L-r t thc ',hcnre t on"entio'r' o''J( '10 rcr( 'uh'(qu(nllv '] "'':9
bt.,tl':
lnvalidiry Old-Age and S"'i'ott
-gt"tl*t
Con (No 128)' l967 Reiommend"lo1i f'Je I-1r .f
,l-r","4" t"*. was also adopted the same year'
UnemploYment Provision
T'he Unemployment Provisions Convention (No 44)'1934 deak rvith unemployment insutance'
the scheme of which may bt tt;;;i;;;y' "olt"""ty
or a combination of both The scheme' as
iaid down in the Convention'-;;;;;t for the payment of unemployment
'benefit
on the
satisfaction of certain .o,,ai.io,,l, if ,,....r"ry. TL"'d.,r"tiorr of benefit may be limited to a
oeriod which is not normally .;il-l;; ,h* i56 *o'ki"g days per vear' The Unemployment
i..,,risions Rec.(No.47),1934 d;;il ,fr.-..t .-t ol u"it'pioy'""t insurance Employment
Promotion and Protecrion ,g"i,rt. u"."rpr.rn.renr con (No 168) and Rec (No'176) rvere
adopted in 19 88
Broader forms of Social SecuritY
Of late, the International Labour Confercnce has devoted arteDiion to the broader forms of
sociai securiry
"nd
h"'
"tlopt"J-lr
f"* Conutntiott' and Recommendations for developing an
integrated Programme rlf -ti'i"t*ity i" tht M"tber States The Social Securiry (Minimttor
Srandards) Convention (Nt
';;;'i;5;"
;tul' 'uith
nin".diff"tent branches of social security
includins medical care,,,.k "rr";.;.1",
un.-ploy--, benefit old ase benefit, employment
i,,i,,ru binefi', lamily benehc' maternirl benefic invalidiry ben'fi' '.,nisu''i'ors benefit Th<
3."J#; il;i;:, ;;;';'; :;';Jl'd'' to'
"' l' or
'h' 'bou.-
me.tiorred branche' or qoc ial
18. 414 . l"dust.iai Relatiors: Emerqinq paradtsms
securiry in_relation ro rhe range o{: persons prorected, condirions of the right to receive the
benefit' and the rare and duration of benefits. The ratirying countries are aurhorized to maintain
at leasr rhree out of the nine branches of social securiry.
The Income Security Recommendation (No.67) anrl rhe Medical Care Rec.(No.69)
borh adopted io lL)44. deal rl,ith incomc sccurir,y and treclical .",e, ,"sp..tir.ly.
Recommendarion No.67 suggesrs the cstai-,lishmenr oi an org.:nisation for income security
consisting of a unified social insurance sysrem. Such an o.ga,,isa.on should funcrion in
cooperation with medical and unemploymenr services and should also be supplemented by
a system ofsocial assisrance. Recomme.datioo No.69 dears with various ,r.r.thoi. oforg"r,iri,,g
a comprehensive system of medical care which is urti,arery ro cover rhe enrire pnp"rr",;o.,1
Thc Equality of -liearment (social securitv)Con.(No.1rgt,rsoz dears rvirh e,r,,"litv nf
trcatmenL in extending social securin. bencflts. The Vlainrenancc of Social Sccuritl, Righr
Con.(No.157),1982 deals with social security rights.
INDUSTRIAL RELATIONS
Fron.r its inception, ILO has gi'en attenrion to the q*estion of,freedom of association, and
'harmonious industrial relarions' ]t has conducted , rrumb., of studies covering rhe probrems
of freedom of associatiorr, collecrive bargaining, conciliation and arbitration aid -ethods of
Iabour ttanagement cooperation. Besides, a few Con.,enrions and Recommendations have also
been adopted on these subjects. The relevant Conventions are: fught ofAssociation (Agriculture)
0'.lo.l1),1921, Freedom of Association and protection of the fu[ht to Organise (No.87),194g,
Right ro Organize and Collective Bargaining (No.98), t-949, Coliecrive O".g"ini,rg
(No.154),l9Bl, Rural Workers' Organisarions (No.l41),1975 and.lripartite Co,,.u'itu,iorl
(lnternational Labour standards) (No.l1+4),1925. The Recommendations include: collective
Agreemenrs (No.91),1951, Voluntary Conciliarion and Arbitration (No.92),1951, Collective
Bargaining (No.163),1981, Consultarion (lndustrial and National Leveis) (No.ll3),1960,
and Co,operation ar the Level of the Undertaking (No.94),1952.
Convention No.l l, N,hich has been ratified by India, deak with the righr of association
of agricultural workers and requires rhe rati$ing countries ro secure ro all agrlcultural workers,
the same right of association and combination, as available to indusrrial workers. conventio,
No 87 lalis down that workers and employers sha have trre right ro esrablish and to join
organisarions of their own ihoosing without any previous authoriiation. The organisationJ are
to be ieft free to frame their constitutions and rules, to form a scheme of adminis-tration and to
formulate their programmes and the public authorities are required to refrain from making any
interfere,ce lt also affirms their right to estabrish joint confederation and ro affiriate with
international organisarions.
convention No.98 deals with rhe pri.ciples of right to organise and bargain co ectivery.
It provides that workers should enjoy ad"qu"r" pio,".,io,i ,g.i,,"r a.,."of
",r,i_,.,,.,io,,discrimination with respect to their employmer,,
"ni
...o--.rrds'the adoption of measures
to encounge and promote voluntary negotiations berween employers
"r,d
*o.iar., organisations
for regulating terms and conditions of employment by -."n, of collective
"gr..-.ir,..Recommendation Nos.91 and 92 deal with the creation of a machinery for negotiating,
conducting, revising and renewing collective agreemenrs, and provide for the establishment of
machinery to help in voluntary conciliation of industrial disputes. Recommendation No. 94
relares to
undertakin
collective I
conditions
include: L
Examinati<
EMPLOYI
A number
employmer
cerrain tvpr
Employm,
fhe emplo,
by India, pr
of rhe mea
rvith the mi
and regiona
Employmer
Agencies (R
agencies wh
profit, Con.
The
Rec.(No.83
from war tc
Forced Lal
The Fqrced
for the abol
labour is nc
profit, to us
and welfarr
Rec. (No.35
provisions o
PubIj
l'he t
Recs. (l
as a lneas,
co-ordinatio
of reserving
Recommendr
a suitable tin
in the volum
works policy
19. o Ieceive the
I to maintain
Rec.(No.69)
espectively.
cme security
funcrion in
lemented by
of organising
population.
equality of
curity Right
,ciation'and
:he problems
methods of
,ns have also
(Agriculture)
.1o.87),1948,
B argai n ing
onsultations
:: Collective
[, Collective
,.r 13),1960,
f association
ual workers,
Convention
and to join
oisations are
adon ard ro
making any
ffiliate rvith
collectively.
aDti-union
of measures
rganisations
ents.
negotiaring,
lishment of
ion No. 94
Chapter 7 itematio.al Dhension ot lndust,ial Relation o 4 I 5
relates to consultation and cooperation between employers and workers at the levei of the
undertaking, primarily on matrers of mutual interests which are not orherwise covered under
collecrive bargaining or dealt with the machinerv created for the determinarion of terms and
conditions of employment. other con'entions and Recommendations dealing with the subject
include: Labour Relations (Public Servicc) Con.(No.J51) and Rec. (No. i 59).1978 end
Examination of Grievances Rec.(No.130),1967.
EMPLOYMENT AND UNEMPTOYMENT
A number of Conventions and Recommendations deal r.vith problems of assuring suitable
employment to workers. These primarily concern with employment offices, recruirment oll
certain types of labour under equitable conditions and red''lction of unemployment.
Employnent Offices
The employment Convenrion (No. 2),1919, tlie rati0cation of which has now been denounced
by India, provides for the esrablishment of a system of free public employment agencies, as one
of the measures against unemployment. The Employment Service Con.(No.88),1948 deals
with the maintenance of free public employment service consisting of a national system of local
and regionai employmenr offices under the direction of a national authoriq,. The Fee-charging
Employment Agencies Con.(No.34), 1933, subsequently revised by Fee,charging Employmenr
Agencies (Revised) Con.(No.96),1949, provides for the abolition of fee-charging employment
agencies which are conducted for profit, and for proper supervision of those not conducted for
profit, Convention No.88 has been ratified by India.
The Employment Service Rec.(No.72),1944 and rhe Employment Service
Rec.(No.83),1!48 deal wirh rhe functions of employmenr service in rhe transition period
from war to peace, and rhe mainrenance of a free public employment service, respectively.
Forced I -ahorrr
The Forced Labour Convention (No.29),1930, which has been rarified by India, provides
for the abolition of forced labour in all its forms. However, so long as forced or compulsory
labour is not abolished, it is the dury of the relevant countries to prevent its use for privare
profit, to use ir only during rhe period of essential necessiry and to provide for the protection
and welfare of any worker so employed. The Forced Labour (lndirect Compulsion)
Rec.(No.35),1930 and Forced Labour (Regulation) Rec.(No.36), 1930 supplement the
provisions o[ rhe Convention.
Public Work Policy
The Unemployment Recommendation (No. l),1919, rhe Pubiic Works (National Planoing)
Recs. (No.5l),1937 and (No.73),1944 deai rvith rhe probiems ofpublic works poliry adopred
as a measure for the creation of employmenr opportunities. Recornmendation No.l suggests
co-ordination in the execution of all work undertal<en under a public authority with rhe purpose
of reserving such work for periods of unemployment and for areas mostly affected by it.
Recommendation No.51 mainly recommends the adoption of appropriate measures, to achieve
a suitable riming of ail worls undertaken or financed by public authorities including an increase
in dte volume of such works during depression. Recommendation No.73 deals with the public
works policy during transirion from war ro peace.
20. 416 o lrdustral Relatlons Emergirs Paradisms
Orher Conventions and Recommendations dealing with employment and unemploymenr
inciude: Employment Policy (Supplementary Provisions) Rec. (No. 169), i984, Private
Employment Agencies Con.(No.181) and Rec.(No.188), 1997, Human Resources
Development Con.(No.142) and Rec.(No.1!0), 1975, Vocarional Rehabilitation and
EmpJoyment (Disabled Persons) Con.(No.l59) and Rec.(No.168), 1981. and Termination of
Employment Con.(No. 1 58) and Rec.(No, 1 66), 1982.
OTHER SPECIAL CATEGORIES
The ILO has given special attention to the employment conditions of seamen. A number of
Conventions and Recommendations deal exciusively with various aspects of the working
conditions of seamen. l'hese ielate ro hours of work. 4,a!!es, qlciliries for flndil{ employment,
seamen's arricles, emplo.ment ofvoung persons, oFficers' competenc) certificates, annual holidavs
with pay, sickress and unemployment insurance, ship-owners' Iiabiliry, reparriation of seamen
and social securirv. Similarly, a few Conventions and Recommendations deal p'irh fishermen,
workers in inland navigation, dock-workers, nursing personnel, employees of hotels and
restaurants, indigenous and rribal people, migrant workers and older workers.
INFLUENCE ON INDIAN TABOUR LEGISLATION
A study content by content of many of the Conventions and Recommendations described
above and those of the specific pieces of labour enactments dealt in rhe preceding few chapters
will reveal similarities in quite a number of specific provisions. So far, India has ratified 39 out
of 185 Conventions adopted by ILO. The radfication of the Conventions has put the nation
under the obligarion of implementing rheir provisions through their incorporarion in labour
laws and collective agreements or in other effective ways. ln India, the provisions of most of the
rarified Conventions have been given effect to mainly rhrough their incorporation in labour
laws, a reference ofwhich has been made in rhe relevant sections ofparticular labour enactments
in the preceding chapters. Labour laws in the country have also been influenced exrensively by
the provisions of even unrarified Conventions and a number of Recommendations. The assisrance
of ILOs experts in the drafting of certain labour enactments, technical assistance, and studies,
reports and publications of the organisation have also been influencing factors. ft may be noted
here that, of the Conventions not radfied by lndia, some haye been denounced, some do not
concern India and some relate to seamen whose ratification depends on the arrangements
established in other counrries. In rhis section, an effort has been made to bring to the fore, the
main areas of the influence of ILOs Conventions and Recommendations. on the Indiar labour
legislation under suitable heads.
CONDITIONS OF WORK
Hours of Work
The Hours of7ork (lndustry) Convention, 1919 adopted in the firsr session of the International
Labour Conference limits the hours of work in industrial undertakings to 8 in the day and 48
in the week. It provides certain exceptions in respecr ofpersons holding supervisory or managerial
positions and those employed in confidential capaciry The limits of hours of work may be
exceeded in certain cases, for instance, in the evenrs of accident, urgent work, in continuous
processes, and so on. It contains special provisions for countries where the 48-hours work
mighr be inapplicable.
S'i+rl
lsa' i
I
.i
:9,.. i
India
laivs incor;
i 952, Bee<
Act. 19i i
Simil
anci (No.ll
in respect
have been
hours of u
c(rtlillerce i
Lhc counrrr
Veekly R,
'fhe
Weekl.
Convention
enjov in evr
Most of rht
1952, Planr
Ao, 1966, (
Act, 1961,
Esrablishmer
Holidays v
India has no
the protectiv
Conventions
Protection r
The Protecti,
musr be paid
and to the exr
Protection of
relating to de
not rarified tl
1936, Minim
(Conditions o
Minimum I
The Minimur
Recommenda
consultarion,
Convention (l
The Minimun
irfluenced rhe
21. mploymenr
84, Private
Resources
tation and
rinarion of
number of
-te working
nplovment,
ual holidays
L of seamen
fishermen,
hotels and
s described
ew chapters
fied 39 out
the narion
r in labour
most of rhe
r in Iabour
enaatments
:ensively by
re assistance
Lnd studies,
ry be noted
,me do not
angements
re fore, the
dian labour
lternational
lay and 48
managerial
,rk may be
condnuous
Lours work
Cfiapter 7 lnternatona Dinensonol ndustridl Reldio. .,112
India ratified rhe (lonvenrion in 1921 on getting a special rel:u<arion. The existing labour
)aws incorporating tlre provisions of rhe Convention include: Facrories Act, 194g, N,[i.es Act,
1952, Beedi ard Cigar 'vorkers (Conditions of Empioyment) Act, 1966, and plantation Labour
Acr. 1951 .
Similar Conventions like Hours ol Work aod Resr Periods (Road Tiansport) (No.67),19j9,
and (No.153),1979, and Nighr'!7ork (Road Tiansporr) Rec.(No.63), 19J9 have been adopted
in respect of road trarsport. Although lndia has not ratified them, many of their provisions
have been incorporated in the Motor Tiansport Torkcrs Act, i961. Conventions concerning
hours ofwork such as No.30,130, and Recommendations Nos.37 and 38, applicable to
commerce and offices, have also influenced the proi,isions of Shops and Establishrnenrs Acts iq
rhe counrry.
'Weekly
Rest
The lTeekly Rest (lndustry) Conventiou (No. l4),1921 ivas ratified by Iodia in 1923. The
. Conventiorr provides that the entire personnei employed in any indusrri.rl underraking J, ro
enjoy in every period of 7 days, a period of rest amounting ro ar leasr 24 consecutive hours.
Most olthe protective labour larvs in the country such as Factories Act, 1948, Mines Act,
1952, Plantation Labour Act, 1951, Beedi and Cigar Workers (Conditions of Employment)
Act, 1966, Child Labour (Prohibition and Regulatic,n) Act, 1986, Motor Tiansport lV'orkers'
Act, 1961, Contract Labour (Regulation and Abolition) Act, l97O and even, Shops and
Establishments Acts contain provisions under this or sirnilar orher Conventions.
Holidays with Pay
India has not rarified ILOs Holidavs u,irh Pay Conventions as rhe srandards laid down under
the protective labour laws in the country have been higher than those prescribed under rhe
Conventions.
Protection of Wages
The Protection of 7ages Convenrion (No.95), 1949 provides that wages payable in money
must be paid regularly in legal tender and deducrions may be permitted only under condirions
ald to the extent prescribed by national enacrments, collective agreements or arbitration awards.
Protection of (/ages Recommendation (No.85) adopted the .i-" y""r, contains derailed rules
relating to deductions from wages, fixation of wage periods, and so forrh. Although India has
not rarified the Convention, its provisions have been contained in the Payment of lWages Act,
1936, Minimum'Wages Acr, 1948, Shops and Establishments Acts, Beedi and Cigar'Workers
(Conditions of Employment) Act, 1966 and a few orher prorecrivc labour laws.
Minimum ri0'ages
The Minimum Wage Fixing Machinery Convention (No.26),1q28. (No.t3t). tq70 and
Recommendation (No.30),1928, deal with rhe provision of wage-fixing machinery and
consultation with employers and workers in minimum wage fixation. India has ratified
Convention (No.26),1928 and incorporated its provisions in rhe Minimun Wages Act, 1948.
The Minimum W'age Fixing Machinery (Agriculture) Con.(No.99) and Rec.(No.8!) have also
influenced the contents of the Minimum. lq'ages Act, 1948.
22. 418 . lidust,.l Relauons: Emerqinq Paradiqms
fabour Administration
India has rarified rhe Labour Inspection Conventio. (No.81), 1942. Thc existi.g prorecrive
labour laws, such as those relating to factories, mines, planrations, shops and establishments,
motor trallspon. beedi and cigar esrablishmenrs, pa-rnenr of wagcs, mirimum B:rges. child
labour, maternity be,efit and other. .onrai. rhc pro'rsio,s ol rhe Convention. convenrions
not rarified by India such as (No. 129),1969 and (No.150),1928 and Rcco'mendations
(Nos.20,80 and 81) have also influenced legislative clauses reiating to labour administrarion
and inspection.
EMPIOYMENT OF CHIIDREN AND YOUNG PERSONS
India has rarificcl quire:r ferr (lon'cotior-rr relarinq r. rhe cmplovmert ofchiLdrcn and oung
persons. 'fhese include: (a) Minimum agc (lndustrv) Con.(No.5),1919; (b) Mi.imu'r Age
(Trinrmers and Stockers) Con.(No.15),i921; (c) lvlinimurn Age (Underground Vork) Con.
(No.123),1965: (d) Medical Examination ofYoung Persons (Sea) Con.(No.16),192i; and (e)
Night rWork of Young Persons (lndusrry) Con.(No.6).1919 and (No.90),1948. The existing
labour laws incorporating the provisions of the above rarified conventions include: thc Factories
Acr, 1948, Mines Act, 1952, Plantation Labour Act, 1951, Chiid Labour (prohibirion and
Regulation) Act, 1986, Beedi and Cigar Workers (Conditions of Employmeor) Act, 1966,
Merchant Shipping Act, 1958 and similar otirer prorective labour laws. f-hese laws have also
embodied many provisions of other Conventions and Recommendations relaring to the
employment of children and young persons, particularly, Minimum Age (Non-lndustrial
En.rployment) Con.(No.33),1932, Mcdical Exanri;rerion of yourg pcrso,s 0ndustry)
Con.(No.77),1946, and Night Work of Young Pcrsons (Non Indusrrial Occupations)
Con. (No.79),1946. Efforts are also being made to implement the provisions of the Worst
Forms of Child Labour Convention (No. 182),1999.
EMPIOYMENT OF WOMEN
The rclevant Conventions relating to women workers ratified by India are: (a) Night Vork
(!?'omen) Con.(No.4), 1919; (b) Night Vork (Women) (Revised) Con.(No.4l),.1934; (c)
Night Work (Women) (Revised) Con.(No.B9), 1948; (d) Equal Remunerarion Con.(No.l00),
1951; (e) Discrimination (Employmenr and Occupation) Con.(No. 111), l95g; and
Underground !0ork (women) con.(No.45), 1935. Provisions of conventions relating ro night
work, that is, Nos, 41 and 89 have been incorporated in the protective labour laws like Factories
Act, 1948, Mines Act, 1952, Plantation Labour Act, 195 l, Beedi and Cigar lVorkers (Conditions
of Emplovment) Act, 1966 and other similar larvs. The provisio.s of the Equal Rernu.eration
Con. (No.100), 1951 and those of the Discriminarion (Employmenr and Occupation) Con.
(No.111),1958 have been given effect to by the Equal Remuneration Act, 1976. The provisions
of the Underground lwork (women) con. (No.45),1935 have been incorporared in the Mines
Act, 1952.
AJthough India has not rarified Marerniry protection Conventions (No.3),1919, (No.
103),1952, and (No. 183), 2000, the Maternity Benefir Act, 1961 and rhe Employees, State
Insurance Acr, 1948, incoroporate many of their provisions.
HEALTI.i,
lndia has r
(No.27),19.
The provisir
i 951, and t
dealing wir
Con.(No.3i
l)ock Labor
Existir
and others ,
Some of the
Rec.(No.31
Con.(No.1
Accidents C
Welfare Fac
soctAl S
The Conver
(Occupatior
(Accident C
Con.(No.1 1
in the $7oli
social securit
State Insura
1952 and d
i 962. These
entitleryrenr
INDUSTRI
rhl't )1 'l
(Agriculturr
Tripartite (
provisions o
1926. The <
labour laws
1948, ESI I
rh(.'
Conventiot
(No.154),1'
Arbitration
EMPTOYM
rhc CIH 1 'r
Unemploym
rI:5*a
23. protective
,lishments,
rges, child
)nventions
Lendations
inistration
and young
imum Age
/ork) Con.
11; and (e)
he existing
re Factories
bition and
Act, 1966,
s have also
ing ro the
- l ndustriel
(lndustrv)
cupa r io ns )
rhe Vorst
tright Vork
, 1934; (c)
r.(No. t 00),
1958; and
ng to night
ke Factories
(Conditions
muneration
Lrion) Con.
e provisions
, the Mines
1919, (No.
oyees'State
Chapier 7 lnternational Dimun'"n ol Lndustr al Relatlon o '11 9
HEALTH, SAFEry AND WELFARE
India has ratified Marking of Weight (Packages Transported by Vessels) Convenrion
(No.27),1929, Radiarion Protection Con.(No 115),1960 and Benz-ene Con (No i36)'1971
T-he provisions of Con.No.27 have been incorporated in the Nla-rk'ng of Heavy Packages Act'
lg5l,andthoseofCon.Nos.il5andl36,insafetyprovisionsofFactoriesAct'1948and1aws
dealing with pollutior. The provisions of the Protection against Accidenrs (Dockers)
Co.r.(fio.:z), il:4, which has
"lro
b..t' ratified by lndia have been covered by the Indian
Dock Labourers Act, 1934.
Existing safitv a,,d health provisions of labour laws relating to factories' mines' docks'
and others also cor-rt:rin rnanv provisions of a ferl other Convenrions and Recommendations'
io-. of ,lr.r.
"re,
p..u"ntio,, of Industrrai Accidents Rec.(No 3 i ),1 929, Porver-dri'en Machinery
Rec.(No.32),1929, Labour Inspecrion Rec (No 20)' 1923' Guarding of Machinery
Co.,.iNo.l t9),l963, Occupational Safety and Health Con (No 155)'1981 and Industrial
Accidents Con. (No.174),19i3. A few proiective labour laws' also contain cerrain provisions of
!fl'elfare Facilities Rec.(No.I02),1956 and Workers' Housing Rec (No 115)'196l'
SOCIAT SECURITY
The Conventions relating to social securiry ratified by lndia are: 'Workmen's Compensation
(Occupational Diseases)"Con.(No.18),1925, and Con'(No 42)'1934' Equality of Treatment
(A..ide.,t Compensation) Con.(No.19), 925 and Equality o[Treatment (Social Securiw)
Con.(No.111), iq6z. th. p.ouirion, of Conventions Nos 18 and 19 have been incorporated
in th. !(ork-.n's Compensation Act, 1923 and En.rployees' Statc Tnsrrrance Act l948 Thc
social securiq'larvs in the country, for instance, 'Workmen's Compensation Act' 1923' Employces'
State lnsurance Act, ,I948, Employees' Provident Funds and Miscellaneous Provisions Act'
19!2 aod the Pavment of G."tl.,ity Act' 1()T2 errrbody the provisions of Con'(No 111) of
fS6z. fh.r. la*'s do not make any discrimination between nationals and foreigners relating to
entitlement ro social securiry benefits'
INDUSTRIAL RETATIONS
rhl' t )1 'l'11 t inlls reiating to industrial relations ratified by India are: fught of Association
iAgri.ri "*l
(. 'lIqNn. l7:) 1921,' Rural 'Workers Ogranisation Con (No 141)'1975' and
i;t";;;;i;. Cor,r,,l,"',io,t (llltl'11lltiolllll l llbour Siandards) Con (No 144)'1976' The
pr*irion, of Conventions Nos. 11 and 141 lumo' h( 'l'11 included in the Tiadt Unions Act '
iSze. flr. contents ofCon.(No.l44),1976 have been
-in,'11
dr(.,-t to hy the provisions of
l"bou, 1"*, providing for the constitution of tripartite bodies such ns Atinillul1 Wuges Act'
1948, ESI Act, 1948, and also by non-statutory measures'
Th(.' Industrial Dispures Act, 1947 contains some provisions of a fcw unratified
Conventions and l{(.'conUm'lllilltions which include: Coliective Bargaining Con
(No.154),1981, Collective Agreements i( ,( tNo 91) 11)51' Voluntary Conciliation and
Arbitration Rec.(No.92),1951, and Collective Hnrgaining R-( rNo 163)'1981'21
EMPLOYMENT AND UNEMPLOYMENT
rhc ClHlVcntions concerning employment and unemployment ratified by India include:
Un"-ploy*..r, l)n,(No. )'1919 (later denounced)' E pioym""t Services Con (No'88)' 1948'
24. 420 o industra Rel.tions Emereiis Pa,sdis.s
Employment aod i)cial Policy Con. (No. 122),1964. Forced Labour Con. (No.2-!),1930 and
Abolition of Forced Iabour l1 1 1.t).;0.lOi).i957.
The provisions of the Conventions relaring ro unemploymenr and employment have
becn given efTect to by administrativc orders and pracri.es, supl)lemenred Lrv a lerv labour laws
such as Employment L,xchanges (t'ompulsory Nori[i.arion oi Vacancies) Acr, i976. Forced
labour has been prohibited by fundamenral right againsr exploitation under the Indian
Constitution.
OTHER SPECIAL CATEGORIES
Other special categories of Conuentions rdtifed bJt India include: Inspection of Emigrants Coo.
(t.l"o. 21).1926, Scamcn
"^
Articics oIAgreemenr Con.(No.2-2), 1928, Mar.king of Weight
(Packages liansported bv Vcsseis) Con.(No.27), 1929, Final futicles Revision Con. (No.80),1947
(excluding Part II), Indigenous and Tiibal Popularion Con. (No. 107),1957 and certain Arricles
of Labour Sratistics Con.(No,160),1985.
Provisions of Con.(No.21),1926 have been incorporared in the Emigration Act, 1983
and parrly in the Inter-State Migrant Workmen (Regulation of Employm.-nt and Conditions
of Service) Aq, 1979. The Marking of Hear.y Packages Act, I 951 embodies rhe provisions of
Con.(No.27),1929. The Collection of Statisrics Act. 1953 deals rvith rhc orovisions of
Con.(160),1985.
As stated in the'beginning of this part, Indian labour legislation has been influenced by
ILO in other ways also. These include assisrance by experts in rhe drafting o[ iaws and codes,
technical assistance, studies, reporrs and relevant publicariors, and information seryices.
DIFFICULTIES IN THE ADOPTION OF CONVENTIONS AND
RECOMMENDATIONS
As has been menrioned earlier, Conventions and Recommendarions of ILO, seek to prescribe
and indicate internationally uniform minimum labour standards. The purpose is to see that
the labour standards in the Member counrries are nor below the ones prescribed by ILO. As
the Member counrries of ]LO are at different stages of economic gro*rh
",rd
industrial
advancement, the capacity to maintain and presewe Iabour standards differs from counrrF ro
country, depending upon rheir relative economic prosperiry Some of tle counries are exrremely
poor, economically and technologically backward, therefore having, very poor labour standards,
and are incapable of securing any immediate improvement in the same. On the other hand,
there are highly industrially advanced countries with narional income sufficiently large enough
to ensure equally high labour standards. There are many counrries at rhe inrermediare srage of
economic developrnent.
This uneven economic development on the world scale preseflts the rnain hindrance to
the adoption of a Convenrion or Recommehdation, Iaying down a minimum labour standard.
lThat may be too high for economically back',,rard and poor countries may, perhaps, be roo low
for the rich countdes. A Convention or Recommendation seeking ro bring about a significanr
improvement in the labour srandards runs the risk of being unrelated to the prevailing labour
standards and beyond rhe economic, and administrative capaciry of maly countries. A Convention
or Recommendation has to gain acceprance lrom the member counrries if it is to be effective in
achieving its purpose. The Convention which seeks ro provide really high labour sandards will
. i:t'i:..1
I
i
I
l
fail ro secur
able to pres
very inccpri
Thus,
establishmei;
between the
creditable tl
dealing with
directions.
PROBIEMS
The process r
rhe adoption
from the ap1
undertakes an
of the Conver
ro examine th
Conventions.
As on Ja
ILO. The aver
below the ayer
and Spain hav
succeeded in s
secured by For
fught ro Orga
Equal Remunr
However,
standards in a 1
a country has r
incorporated in
'or pardy, thror
ratified rhose C
of the Member s
may, for the sa_li
1. countries r
2. counrries I
3. countries
agfeementt
4. industrially
Countries with
Countries having
Conventions, ex1
25. l),I930 and
yment have
labour laws
)7 6. Forced
the Indian
grants (irn.
; of We ight
.1o.80).1947
tain Articles
r Act, 1983
Conditions
rovisions of
ovisions of
fluenced by
and codes,
rvices.
:o prescribe
Io see that
ry ILO. tu
industrial
counttF to
e exrremely
standards,
,ther hand,
rge enough
rte stage of
ndrance to
r standard.
be too low
significant
ing labour
lonvention
:ffective in
rdards will
Chapter 7 lntzrnational Dmenslon of lndusi'al Relation
'
421
fail to secure accePtance and what may succeed in securing accePrance' may not' in realilv' be
able to prescribe
'high
l"bou, standards' It is a dilemma rvhich has confronted ILO since irs
very inception.
Thus, Conventions and Recorrmendations, if they are ro be of real weight in rhe
esrablishment of internationally uniform labouf standards' "must strike an aPpropriare balance
between the ideal arld the immediately Practicable and between precision and flexibiliry" lt is
credit"ble that ILO has been able to adopt t85 Conventions and 193 Recommendations'
i."f i"f *f.f, diverse aspects of labour in spite of contradictory pressures pulling in different
directions.
PROBLEMS OF RATIFICATION
The process of evolving internationally uniform minimum labour. standards does not end with
th" aioptiort of, Cori,rerttio,t or Recotl *tnd"tion A Convet-ttion has to secute ratificarion
f.o^ ,h'. appropriate authorities in the member states A country rarifying a.Convention
,r.rd.r,"k., i,, i.,i.rn".ionri obligation wirh other member states' to put into effect the provisions
of the Convention by legislative or other aPProPriate measures lt is' rherefore' pertinbnt here
,o .""*in. the difficultie"s which are f^..d ty ,o*. of the Member countries in ratifring ILO
C,,,nventtOns.
As on ]anuary 1,2002, there were 174 member states and 185 Conventions adopted by
ILO. The average ratifications per country, come to merely 35 Many countries have ratifications
La.* ,t. ar..a!. of 35. Th.,"
",e
a fewcountries each having less than 10 ratifications- France
^,,d
Spai., have"ratifie<l the ma-timum number of Conventions None of the Conventions has
succeeded in securing cent Per cent ratification The highest numher of ratifications has beerr
secured by Forced Labour Cons.(No 29) (No' 105)' Freedom ofAtsociation and Protecrion of
l,gi. - btgr.,rr. (No.87), fughr to org""ist and Collective Bargaining Con (No 98) and
Equal Remuneration Con.(No. 100)'
However, it is pertinent to mention here, that the impact of ILO on international Iabour
standards in a panicular counrry should not be judged only by the number of ratifications that
"
.."r*y h". ,"..lr.d. There are -,ny tot'tttitt iuhi"h utt in.agreement with the. principles
in.orporated in many of the Convenrions and have sought to implement them either wholly
io, pr..ly, through legislative o( other aPproPriate administrative measuresr and still have not
*,ii.a,fr*. Corr',r.r,iio.tr. Therefore, it i' ^pptopti'tt
ro examine the difficulties which some
of the Member states experience in forrnally .if i"g thtte conventions' These Member countries
may, for the s"ke of corrre.,i.nte, be grouped under the following heads:
1. countries with higher labour standards;
2. countries having a federal ser-up;
3. countries where the subiect marters of the Conventions are regulated by collective
agreemenls;
+. indu'rr ially backward countriet'
Countries with Higher l,abour Standards
Countries having standards of labour higher than those envisaged under International Labour
Conventions, experience
"
specitl ptobTtrn of ratification' In such countries' acceptance of
26. 422 . )nd's,1"1 R.lution', Emerging Pa'odls..
Conventions prescribing standards lower than the existing ones may involve considerable political
effort, as there is obviously little interesr in rhe subject. Besides, it is feared that the approval
given to lower minimum smndards wiil impair the aurhority of the higher national srandard.
In cases where ratificarion of a Convention necessitates a changc in the larv of rhe land, Iegal
dilficulties are also encountered. Although rhe ratification ofan lnternationai Labour Convention
does not imply undermining of the higher national srandards, lrlany counrries have experienced
the above-mentioned difficulties in accordance with formal ratification to many of the
Conventions. Arempts have, however, been made ro remove these difl:iculries by providing "no
prejudice" clause in the Convenrions and other measures. Nevertheless, rhe number of
ratifications of the Cooventions in many countries (u,irh a lrew exceprions) }raving comparatively
higher labour standards, still continues to be small.
Countries Having a Federal Set-up
The application of Convenrions by countries having a federal set-up also involves dildculties
owing to the division of the legislative and executive aurhorities berween the federal governmer,t
and the constituent units. The national authoriry which is immediarely expected ro pursue
the implementation of the provisions of a Convention, finds itself constirurionally handicapped,
as in many cases, the subjecr falls under the jurisdicrion of the constituenr units. The extent of
such a difficulry however, varies from country ro counrry depending upon variarions in the
distribution of the authority bet*een the lederal government and rhe federating units. .ff4rere
constituent units have been given comparatively greater autonomy, ratification of Conventions
becomes more difficulr. On the whole, the number of rarifications of Conventions by federal
states has been sntall. It is on account of these reasons that the Consritution of ILO imposes
certain additional obligations on rhe federal states in regard ro rarificarion of Conventions.
Countries where Subject Matters of Conventions are Regulated by Collective
Agreements
In some countries having highly developed industrial organisations, many issues forming rhe
subjecr matters of International Labour Conventions are traditionally decided by collective
agreements berween the employers and trade unions and the State deliberately refrains from
making interference. It is presumably due to this reason rhat the Constitution of ILO, makes
room for the application of Conventions by collective agreements. However, in many cases, it is
very difficult for the comperent narional authoriry ro enforce the provisions of a Convention on
the parties without destroying their freedom to bargain collectively, which ultimately means
involving still wider problems of industrial relations. This is particularly rrue in cases where
collective agreements provide for standards higher rhen those established by the Conventions.
Moreover, even when the competent national aurhority succeeds in persuading the parries ro
enter into agreemenr in accordance rvith dre provisions of a Convention, rhere is still the problem
of ensuring the acceptance of obligation for a subsantial period of time as lnany rerms of collective
agreements are changed at frequent intervals. Besides, the Ievels ar which collective agreemenrs
are reached (for example, plant, industrv, region, and others) also create further difficulties.
I ndustrialJy Backward Countries
Economically and industrially backward countries have generally very poor labour standards and
they often find it very difficuft ro bring about ary immediate improvement in rhe same. Although
the Internatior
thorough inves
of differenr me
poor and ecor
Conventions I
keeping with t
The fore
L)rganisation.
international r
adoption ard
dre activities o
ofthe Member
ro rhe labour r
chiid and worr
rechnica] co-<
formulation ar:
expanded.
International
Core-Conaent,
(")
(b)
(.)
(d)
(.)
Freedom
Eliminatir
Effective
The elimi
It does- nc
o "Ther
desir
PaItir
Iabot
o Thus
impk
to Pl
be pr
couni
have
o Ther,
devel
ro de
o The,
an) ,vl
to the
have r
27. rle political
re approval
I standard.
land, Iegal
lonvention
:xperienced
rny of the
rviding "no
rumber of
mpararively
difficulties
lovernment
Ito pursue
urdicapped,
re extent of
ions in the
rits. fi4rere
lonventions
r by federal
,O imposes
,entions.
tive
orming the
,, collective
frains from
LO, makes
, cases, it is
rvention on
Lrely means
=ses
where
lnventions.
: parties to
he problem
of collective
agreements
.culties.
ndards arrd
e. Although
Chapter 7 lnternatronal Di."n'on ol lnd,st,lul Relatlon o 423
the International L,abour Conventions which create only minimum standards are adopted after a
thorough investigation and 4.ith due regard ro rhe srages of economic and industrial development
ofdifferent member states. The standards so established often seem burdensome ro many extremely
poor and economicaliy backward countries. These countries find it very difficult to ratify
convenrions prescribing high labour standards. Thc ratification of Convenrions which arc in
keeping with the prevailing labour standards does not involve many difficuldes'
The foregoing has covered certain pertinenr aspects relating ro the lnrernarional Labour
organisation - its establishment, objectives and principles, srrucrure, activities, creation of
intirnational srandards of labour, influence on Indian labour legislation, and problems of
adoption and ratification of conventions and Recommendations. During the course of time.
the acri",iries of the organisation lias becon,e i[creasingly more diversified and the panicipation
ol1he Mernber counr.ies has become more active. of lare, ILo has started giving more attention
to the labour matters in the developing countries and special target groups of workers, such as
child and woman labour and workers in unorganised and rural sectors lts role in providing
technical co-operation, encouragement to workers and employers' organisations in the
formulation ani imple-.ntation of labour policy and provision of training, has considerably
expanded.
International Labour Standards and India
Core-Conoentions
(a) Freedom of Association (No. 87) and Right of Collective Bargaining (98)
(b) Elimination of all forms of forced or compulsory labour (29,105)
(c) Effecrive abolition of childlabour (138)
(d) The elimination of discrimination in respect o[ employmeirt and occupation (100, 111)
(e) It does not link lLS with trade
r There is sound justification for international labour standards. Normatively, their
desirabiliry is never in doubt. The controversy is about the means of their enforcement,
particularly the argumenas concerning the attempted linkage between certain core
labour standards and international standards.
o Thus, the question is not whether international labt"'r standards should be
implem.rrt.d. The question is whether the countries and companies that continue
to pursue comPetitive advantage through the violation of Fundamental Rights should
be i,r,,i.hed throrgh so,,'e so.i of link"g. wirh trade. Employers in several developed
countries and unions) governments and employers in several developing countries
have been resisting any formai linkage between labour standards and trade'
Therefore, social clause linkage to trade is considered by the social partners in
developing countries as an effort of governments and workers in developed countries
to d.p.i.r. the developing countries of their comParative advantage of cheap labour'
The deveioped countries' arguments are based on the realisation that "poverty
anylvhere is a danger to prosperiry everywhere." There is also concern about the race
to the bottom .p,lired by the notion that, "ifyou don't raise your standards, we may
have to follow suit."
28. 424.. lndustial Relatrons: Eme8ins ptradigr
o Developing counties adlpted
-a
dual strareg), - oppose linkage of rrade with Labour
Standards at internadonal level, Nationally,"conrinue to pur pressure on government
to improve fabour Srandards.
a Furure of ILS is caughr in the folJowing opposing forces _ Globalisarion and
Regionalisation, North and Sour} divide, ,,rpr.rn".y oiILO
".rd
r LO., and diverse
pressrues among the sociar parmers about desirability of harmonising rabour standards
with deregulated labour market.
r Developed countlies want social Labelling, Guarantee for manufactured without
child labour, Fair Tiade, etc.
r Developed counries arguments are as follows:_
{. Poveray anywhere is a danger to prosperiry everywhere.
* Ifyou do not raise your standard, we may have to lower ours.
.i. Social dumping could cause job losses in developed counrries. Hence, 4SA
restrictions for Indian software professionals.
.1. Competitive cost is the main issue.
r Bonded Labour (Abolition) Act,76.
Table 7-l: Raflfication ol Core Convention in Select Countries
a
a
Or
;ul
,Th
In<
o India advocates ILS within the framework of ILO.
-
All social partners - Gow., employees _ TUs.
The Case of India
,) India has ratified 38 out of 1g2 conventions.
a [O has influenced India in a big way.
but opposes linkages with ITTO
Thr
legislatior
They inc
Particu!ar
.Ind
by 2db2.
(Punjab)
of child I
Ind.
Constitut
'social lat
India at I
employen
all united
social par
countries
{iee choic
may be c
stand for
patendy r
A*
organisati