HUMAN RESOURCE

MANAGEMENT
HOW ILO REGULATIONS HELPS
IN INDUSTRIAL RELATIONS AS A
VERITABLE INSTRUMENT IN
SETTLING DISPUTES?

SUMBITTED BY-
TRUSHITA SAHA-2082062
ATIVA GOSWAMI-2082069
SHRIYA S. ROUTRAY-2082089
RAMAN MOHANTY-2082098
SANJITA DAS- 2082104

STREAM- B.B.A.LL.B.
SEMESTER- 4TH
SUBJECT TEACHER- MR. JAYANTA BAGCHI
DATE OF SUBMISSION- 18TH FEBRURAY 2022

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 CONTENTS
SL.NO TITLE PAGE NO.

1 INTRODUCTION 3

2 SCOPE,IMPORTANCE OF THE STUDY 4

PROBLEM STATEMENT 5
3
LITERATURE REVIEW 6
4
DISCUSSION AND FINDINGS 7
5
RECOMMENDATIONS 8
6
CONCLUSION 9
7
BIBLIOGRAPHY 10
8

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 INTRODUCTION
Dispute resolution is an essential part of any well-functioning labor market and industrial
relations system. Wherever there are labor relations, there are bound to be labor conflicts and the
need to settle them quickly, effectively, and fairly for the benefit of all parties involved of all
parties involved, as well as the economy as a whole. An essential component of any country's
industrial relations system is the framework in place to deal with such issues. The social partners
and governments have a variety of choices, ranging from informal conversations to formal
litigation, and may even include government intervention to resolve specific labor conflicts in the
public interest. The ILO has particular responsibilities in respect of the types of issues that are
under discussion. The ILO aims to assist member States in establishing or strengthening legal
frameworks, institutions, machinery or processes for sound industrial relations and effective
social dialogue in member States. The disagreement may become apparent through industrial
action. This is in the form of action taken by one of the disputing parties to promote or protect its
interests. Industrial action usually leads to disruption in production. Usually when it comes to
dispute resolution it is referred to resolving through negotiation, conciliation, and mediation in
which the disputing parties take prime responsibility for solving their problems. Settle refers to
arbitration and adjudication in which a third party imposes a decision to finally settle the dispute.
ILO set out practical guidelines for public authorities, employers, workers, enterprises, and
specialized occupational safety and health protection bodies (such as enterprise safety
committees). They are not legally binding instruments and are not intended to replace the
provisions of national laws or regulations, or accepted standards.

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 SCOPE OF THE PROJECT
The International Labour Organization (ILO) is a United Nations(U.N.)agency aimed at
advancing social and economic justice by setting international labour standards. The main aims
of the ILO are to promote rights at work, encourage decent employment opportunities, enhance
social protection and strengthen dialogue on work-related issues. This project deals with the
various possibilities of the ways in which ILO regulations act as effective instruments in settling
disputes and maintaining industrial relations. This project will touch upon various aspects such
as the regulations that ILO has implemented upon the member states for strengthening the
machinery for resolving labour disputes, in accordance with international labor standards and in
consultation with social partners. It analyzes the same along with the difficulties in applying the
ILO regulations. It also gives certain recommendations to deal with the same.

IMPORTANCE OF THE STUDY

An organization cannot function without proper human resources i.e. its employees. It needs to
maintain proper industrial relations as the survival and expansion of an industrial firm are
dependent on the maintenance of healthy industrial relations. Organizational conflicts are a
common headache that every industry has at least once gone through in their functioning years.
Hence knowing the various strategies through which it can be managed becomes very important.
ILO regulations, having a wide scope are something that every organization could upon and
apply the same. After the completion of this project, one will be able to understand the ILO
regulations that ILO has in order to solve the labour disputes and to maintain good industrial
relations. It will educate one as to how effective these are, the challenges faced and what can be
done to overcome the challenges. Due to the above stated reasons, this project is important.

OBJECTIVE OF THE STUDY

Where there is an organization, there will be conflicts. Disagreements and grievances are an
inevitable part of the employment relationship in every organization. These are the tough times
for any organization as effective management of the human resources is what is needed in this
situation. At these times, the objective of the organization should be to regulate and to manage
conflicts. Promotion of sound relations within the industry by creating a system for the effective
prevention and settlement of labour disputes is something that the organizations look forward to.

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One of the most important goals of effective systems is to guarantee that, if possible, the parties
to a dispute resolve it through a consensus-based process conciliation or mediation before
resorting to arbitration and/or adjudication by a tribunal or labour court.

PROBLEM STATEMENT

We all know that ILO lays down certain regulations for resolving the labour disputes. The goal
of ILO is to encourage the creation or renewal of voluntary, cost-free, and timely methods for
resolving labour disputes, including as conciliation and arbitration, as well as access to
specialized labour tribunals where necessary. We also know that the disputes in an organization,
slows down its process of growth. Hence resolving them within a stipulated time becomes very
important. This study will find out the answers the question as to how will these ILO regulations
help in maintaining industrial relations as an actual instrument in settling disputes. It will also
ponder upon the difficulties in applying the ILO regulations. Instruments of the International
Labour Organization (ILO) are on the settlement of labour disputes. The ILO's core goals are to
promote workers' rights, promote adequate employment opportunities, improve social protection,
and foster dialogue on work-related issues. Hence knowing in depth about this topic will be very
helpful.

LITERATURE REVIEW

A literature review is a critical examination of a piece of academic writing that demonstrates

knowledge and comprehension of academic literature on a given topic in context. Given below
are the reviews of some of the literary pieces written the light of the present topic at hand:-

1. The research article, “Resolving individual labour disputes: A comparative overview”

by Minawa Ebisui, Sean Cooney and Colin Fenwick, Geneva-International Labour Office
gave a comparative assessment of individual labour dispute settlement systems in nine
OECD countries (Australia, Canada, France, Germany, Japan, Spain, Sweden, the United
Kingdom and the United States), together with a synthetic overview of the key features
across these systems. This research article by International Labour Office (ILO) to
analyzes which dispute resolution mechanisms work best in different contexts and why,
recognizing the diversity among national mechanisms. This paper identifies the guiding

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 principles for effective dispute resolution. The reality of dispute resolution procedures
and experiences has been represented in this study work. To that purpose, it has formed a
number of external collaborations, including those with dispute resolution organizations,
specialized labour court/tribunal judges, academics, and research institutions. This paper
intended to encourage an exchange of experience and innovation and it was successful in
doing so.
2. The article “Labour dispute prevention and resolution” by the Geneva-International
Labour Office sheds light on the regulations of ILO, its objectives, its technical advisory
services, ILO’s Training and capacity building, knowledge development and international
partnerships. It also talks about the conciliation and mediation and specialized labour
adjudication measures taken by the ILO. This research article gave the importance and
objectives of the study.
3. According to a research article on “Collective Dispute Resolution through Conciliation,
Mediation and Arbitration: European and ILO Perspectives”, by Nicosia, Cyprus,
Geneva- International Labour Office although it is impossible to identify an optimal
strategy among the various systems of dispute resolution, it is just as important to explore
how to prevent problems as it is to resolve them once they happen. Furthermore,
allowing social partners to make their own decisions inside a well-regulated framework
that ensures access, transparency, and legitimate outcomes would help to secure and
maintain industrial peace and cooperation, as well as prevent and resolve collective
labour conflicts. Under the aegis of the ILO's strategic compliance programme, there has
also been a drive to embrace technology in order to solve some of the perceived
inadequacies of monitoring and auditing via more traditional means and through
conventional actors.
4. According to “International Labour Standards” the purpose of this publication by the
International Labour Standards Department of the International Labour Office is both
modest and ambitious. Since they are at the service of constituents, namely governments,
employers and workers, it is the wish of the authors to present the ILO’s standards to
constituents in an accessible, but technically sound manner. The main content of all the
ILO Conventions and Recommendations which respond to current needs, in accordance
with the successive decisions taken in the context of the Organization’s new standards

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 policy. Secondly, reference is made to the content of instruments which are to be revised.
It should be added that instruments deemed to be outdated are not directly analyzed.
5. In carrying out this global research programme the ILO has sought to capture the reality
of dispute resolution practices and experiences. To this end, it has established a range of
external partnerships, for example with dispute resolution agencies, specialized labour
court/tribunal judges, academics and research institutions. These partnerships are of value
in several ways, offering those who work in the field a sometimes rare opportunity to
learn from one another, enhancing the quality of evidence-based technical advice, aiding
in the search for practically useful experience and knowledge, and providing information
on a range of innovative solutions to challenges faced by different countries in different
contexts

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 FINDINGS
The ILO regulates member states in strengthening the machinery for resolving labour disputes, in
accordance with international labour standards and in consultation with social partners, by:

1. The major issue in today's debates is whether countries, even those that are highly
industrialized, can afford to pay the financial costs of ILO standards in the face of current
economic challenges. The cost price of a product is determined by a variety of elements,
including raw material prices, existing markets, monetary fluctuations, investment
policies, tax schemes, customs taxes, labour qualifications, and management quality, to
name a few. As a result, attempting to calculate the cost of international labour standards
is risky, especially because they are quite diverse and applied in nations that are vastly
different from one another in terms of size and industrial structure
2. Another issue is that the majority of international legislation is related to a specific
industrial system, that of large-scale mass production. The efficiency of monitoring is
partly determined by the prominence of the law as a mechanism of resolving disputes in a
given culture. Americans are more likely to turn to the courts than those in East and
South-East Asia, who view legal action as a last choice after all other options have failed.
3. Establishing legal and regulatory frameworks- establishing effective dispute resolution
systems and services within the labour administration, as well as by independent statutory
institutions and specialized labour courts.
4. Disseminating information about the benefits of voluntary conciliation, mediation, and
arbitration methods, as well as creating awareness about them.
5. The surge in the number and variety of individual disputes has created a slew of new
problems. Cost issues, case overloads and delays, a lack of independence and
impartiality, cumbersome and formalistic procedures, service fragmentation, limited
access, inadequate remedies, and a diminished scope for voluntary prevention and
resolution through social dialogue are just a few examples.

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 RECOMMENDATIONS
1. Conciliation and mediation are procedures whereby a third party provides assistance to
the parties in the course of negotiations, or when negotiations have reached an impasse,
with a view to helping them to reach an agreement. While in many countries these terms
are interchangeable, in some countries a distinction is made between them according to
the degree of initiative taken by the third party.
2. Arbitration is a procedure whereby a third party (whether an individual arbitrator, a board
of arbitrators or an arbitration court), not acting as a court of law, is empowered to take a
decision which disposes of the dispute.
3. Specialized labour adjudication is a procedure whereby ordinary courts on special labour
courts settle finally any disputes over rights and obligations.

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 CONCLUSION
A few inferences may be drawn from the above presentation. First, the International Labour
Organization (ILO) is dedicated to promoting social justice and internationally recognised
human and labour rights, as part of its basic objective of ensuring universal and long-term
peace. The ILO is the United Nations' only tripartite agency, bringing together governments,
employers, and workers from 187 member states to set labour standards, formulate policies,
and implement programmes that promote decent employment for all women and men.
Second, following the approval of Conventions and Recommendations by the International
Labour Conference and ratification by States, the ILO has devised a variety of methods for
overseeing their implementation in law and practise. We've also seen evidence of the vital
interplay between freedom of association, collective bargaining, and a well functioning
dispute resolution system in the ILO's criteria and the experiences of governments and social
partners. The ILO now has over 600 programmes and initiatives in more than 100 countries,
with the help of 120 development partners, after more than 50 years of experience in
development cooperation on all continents and at all stages of development. Clearly ILO
standards have aided in the improvement of the working class's situation. ILO standards have
greatly affected labour policy, labour welfare, trade unionism and industrial relations. Today,
the International Labour Organization's (ILO) Decent Work agenda works to improve
economic and working circumstances so that all employees, employers, and governments
have a stake in long-term peace, prosperity, and growth.

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 BIBLIOGRAPHY
https://islssl.org/the-ilo-law-and-the-present-crisis/

https://workforceinstitute.org/3-ways-to-fix-your-labor-shortage/

https://www.ilo.org/wcmsp5/groups/public/---europe/---ro-geneva/
documents/meetingdocument/wcms_366949.pdf

https://www.investopedia.com/terms/i/international-labour-organization.asp

https://www.ilo.org/ifpdial/areas-of-work/labour-dispute/lang--en/index.htm

https://www.ilo.org/wcmsp5/groups/public/---dgreports/---dcomm/---publ/
documents/publication/wcms_488469.pdf

ARTICLES

ILO Conventions and Recommendations

BASIC CONCEPTS AND FACTS

https://www.youtube.com/channel/UCWTldG6h9bsrkkN776ufnhQ

https://www.youtube.com/channel/UCFdyj9XtVS52WYXHh51OOaQ

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