CHAPTER International Labour Organisation EARLY INTERNATIONAL EFFORTS TO REGULATE COND TIONS OF LABOUR The International Labour Organ ion, one of the principal international organisations established Weil in 1919, However, the idea of regulating conditions of labour by an international treaty had progressively influenced the minds of many persons even earlier Soon after the Napoleanic Wars, Robert Owen emphasised at the Congress of Aix-da-Chapelle, the desirability of intemational regulation of labour in ensuring peace. In 1839, the French Economist Blanqui observed that the primary purpose of teatics, instead of being formed to kill men, ought to preserve men’s life and make them happier. In 1847,Daniel Legrand, a manufacturer, made an appeal to the governments of France, England, Pruskia and Switzerland for the enactment of international -gislation for the protection of the working class, The ideas of these pioneers influenced others and there was a widespread realisation of the importance of international regulation of conditions of labour. Itwas as a result of these early deliberations that the first International Conference was convened by the German Government in 1890. Though the conference did not produce concrete results, it exerted a profound moral influence. The endeavour made at this conference and at the International Labour Congresses of Zarich and Brussels held in 1897, fruitfully resulted in she establishment of the International Association for Labour kegislation, The newWy created internatioual agency made efforts “conditions of labour but its progress was stow till 1905. Two Labour Conferences were 1906, and it was in these conferences that, for the first time, two drawn up—the first prohibited night work of women; while the rus in the manufacture of matches. War brought into light the exi ‘of many important labour fe could be solved onfy through the regulation by a permanent and trade unions, which ll thet had been un-cooperative to the Legislation, also changed their attitude. In ¥916, the General Conference discussed several labour problems ¢ommon to appointment of an International Commission for the purpose of . Ttalso suggested the establishment of an International concerning labour legislation, Public opinion was strongly in under the Treaty of Versailles, wa:‘rt nae Cnt esl came ne of sine PREAMBLE TO THE CONSTITUTION There eeComman of. conse i paps re tae of whch LO And cite ott fs est hing ch yr. na fain © sunt ofp sw pede phat ce taro fhe wed pe SIS ome crn kip be peti of wepymens he proven an eee in wos the {ronan fon yun mand women, enon oe li), ein fe Eiociecrwancn ston supe som oe met ow meap ripe Sen oo ean epi ace ‘hs ear yon ae an is of a tein th sno eh cer sens ch dn ne he anes te sun eH ‘Coomsing Parcs move sna face sd hemasy ai by he eo cee eon rel atoms eet en oe FUNOAMENTAL PRINCIPLES AND THE PHILADELPHIA CHARTER The 0 sfc ow dame icp a he new net Thee pe (Minced ate tomes Chara of edn fr tet song meng Wa eran tr pene = ‘he ner Conferene of. tse el Papi 194, rated ee rinses nd aed ¢Delronconcering eas sd puns oe opi re ato yee yoyo monn The Decent Faoepchne ‘ tein capri ems eh ft eet Coin of fetuses Opens ting pecan ted yb 13) alae tmp, inept fc ce ow he gh pm th ee ma cee icp docpsct ttn of ew a pe, eee +g) SENOS Cmts ich sl oie mt cme ca ‘0 tect as ean scat n= mrt (1c) er dncharging the ah erased the Inerstona Labow Onganaataon haven comme a) Seance ane sed pt op a pn rem (a) 1 (a) fall employment nd the raising of the standards of ving, (0) she cmploymen of workers inthe occupations in which they ca bev he stains of frm tse saree (©) | (cy the provision, a8 maans tote einmen of this cn and wer tps armen A Sevan s nia nee = Spore mi slonent pareey eng yn ci wot id | © Ci fat see tare popea ak smn me ee ‘Scum with CamScamer. Membership Now Fist van oats apie a enithal foecting of the Unliec Natt November 19 { such other States which are either or enna {sion of the General , he me he United Nations by a decisio he pow hatter, Th 1 Conference of ILO may also admit memt cm, teeter f nding th ion, includin, t thirds of the delegates attend . legates present and voting. The new membe yi General of the International Labour Office their formal a ; o © Constitution of the Organisation. A member of ILO can withdraw ; Liganisation only after giving notice ofits intention todo so to the Director General of the Internation _ Dour Office, "Such notice shall take two years after the date of its reception by the Director General 7 < Member having at that time fulfulled all financial obligations arising out of its nber of Member States of ILO is presently 174 ORGANISATIONAL STRUCTURE abo uur Organisation 9} perates through three main orga al Labour Conf gans. These are: (i) the tonal tripartite delegations which meets annually, (ii) the Partite executive council, and (ii) the International Labour Office—permanent ference of ni international Labour Conference € Intemational Labour Conferen: ®. of whom two are government delegates and ber State. Nor in ‘ment with the most re ons of enploer sad etn Fach dg ay set advisers (also nominated by the government en emed) Who ate not to exceed two innamie fn scm on the agenda of the meeting. When questions Specially affecting won ae Onsidered, at least one of the advisers is to be a woman, Advisers can speak only ons the delegate whom they accompany and by the special authorisation of the ference, but are not allowed to vote, A delegate may i uty and in this case, the adviser is dividually on all matters In addition to the tatives of noms 'sullative relationship, deration of Trade Uni The Intemational pervises the work af ‘bers of the Governing | of the most id-wide uniform ‘crenee regulates:561 International Labour Organisation ater It may exercise such powers and discharge such duties which it considers desirable for proper functioning of the organisation Governing Body Yriginally, the Governing Body consisted of 24 persons including 12 government representatives of Member States, 6 representing employers and 6 workers. Later, the proportion of government, inployers and workers” representatives was raised to 16:8:8 and subsequently to 40:10:10. At present, representing government, 14 representing employers and 8 government seats, ten are permanently allotted (o the ten States of composed of $6 member representing workers. OF the ict industrial importance, The ten permanent Members are now Canada, China, France, India, Italy Japan, Soviet Union, the United Kingdom, USA and Germany. Except for the first two years of the tablishment of ILO, India has been occupying a permanent seat on the Governing Body. The presentatives of the employers and workers are elected respectively, by the employers’ and workers lclegates to LL Conference. At least two representatives each of the employers and workers are to be from non-European States he period of office of the Governing Body is three years, In case the elections of the Governing Body do not take place on the expiry of this period, itis fo remain in office until such elections are held. he method of filling vacancies and of appointing substitutes and other similar questions are decided by the Governing Body, subject to the approval of the Conference. The Governing Body is required to n and two Vice-Chairmen so as to ensure representation of ‘ernment, employers and workers, each. The procedure and the time of meetings are regulated by special meeting can be convened only on a written request made by at least sixteen representatives of the Governing Body. The Governing Body, functioning under the general direction of the International Labour Conference, appoints the Director General of the Intemational Labour Office, supervises its loning, prepares the agenda to be placed before IL Conference and discharges such other duties as are assigned to it by the Conference. elect from its members, a Chait verning Body itself, but International Labour Office The International Labour Of use Th neral, subject to the instructions) International Labour Office iy is required to attend al pointed by the Director Gem possible, the staff are to be aj The functions of the Int information on all subjects rel labour, and particularly, the ference with a view to pecial investigations as mays ‘Scum wth CamScamerom Industrial Relations, Trade Unions, and Labour Legislation fi red to: sei Sover ody, the IL Office is requires eras shoe bras me the agenda for the meeting of the Conference (a) prepare the documents on the various items o! Se eeekin hs powell () accord to governments, at their request, all appropriate assistan’ cae Goctsions ‘fv Connection with the framing of laws and regulations on the basis of he T° NOs Dts ‘Conference, and tha inapeovecdent of edministrative practices end systems of TaPo=" OAs (©) edit and issue publications dealing with problems of industry and unemployment of international interest; and (@) carry out the duties required of it in connection with th Generally, the International Labour Office exercises such are assigned to it by the Conference or the Governing Body. 1 effective observance of Conventions. powers and discharges such duties as } CONVENTIONS AND RECOMMENDATIONS vy ‘One of the principal functions of the International Labour Organisation. is to. secure international S$ ‘minimum social and labour standards. These standards are embodied in resolutions in the form of » 4 £Conventions an the jional Labour Conference by at least 2/3rds Job of the delegates present at sonference and voting. The Conference decides whether these \ celine li a gue ie, TineComvantions or _{-eeBotamendations ar instruments for cresting and establishing interatonal minimum social and ‘Scum with CamScamerInternational Labour Organisation 563 matter of the Recommendation. A Member State, of course, has to bring the Recommendation to the al conditions, notice of the appropriate authority within one year at most or 18 months under excepti after the closing of the session of Conference. Apart from bringing the Recommendation before the tion rests upon the Member States except that they have to report 1s and when requested by the Governing Body, showing the extent to which effect has been given or is proposed to be given to the provisions of the Recommendation. Thus, a Member State is free to nodify the provision of the Recommendation for the purpose of legislation or implementation, which is not the case with a Convention. While framing Conventions and Recommendations of general application, it is the duty of the Conference to give due consideration to those countries in which climatic conditions, the imperfect development of industrial organisation or other special circumstances make the industrial conditions substantially different, and to suggest modifications which it considers necessary to meet the case of such countries. The adoption of any Convention or Recommendation or the ratification of any Convention is not to be designed to affect “any law, award, custom or agreement which ensures more favourable conditions to the workers concemed than those provided for in the Convention or competent authority, no further oblig Recommendation. Generally speaking, Recommendations lay down higher Ja in what can possibly embodied in Conventions, The Conference may feel that a particular proposal is not as yet ripe for being embodied in an obligation creating Convention because of the reluctance of the Member States and, therefore, it might satisfy itself by a Recommendation only, Gradually, as practices and standards in the Member countries improve and the standards laid down a Recommendation become eptable, it might be converted into a Convention at a later date. Similarly, as standards improve, Conventions are revised and fresh Conventions with higher labour standards are adopted. However, too much should not be read into this distinction between Conventions and Recommendations on the basis of their obligation-creating capacities. The status of a Convention in relation to a Member State in which it is not enforced is analogous to that of a Recommendation, and it serves as a guide in formulating its labour and social policy in the same way as a Recommendation does. An unratified Convention is as good as a Recommendation. MAJOR ACTIVITIES OF ILO The ILO has made relentless efforts to achieve the objectives set forth in the Constitution. The major activities of ILO relate to: improvement of conditions of work and life, development of human resources and social institutions, and research and planning. The principal aim behind the improvement of conditions of work and life is “to : adjust these conditions to the req vearing in mind the interd ‘icld of human resources at development and uti programmes in the fields training, basic and classification of oc identify and advance policies of eeo organisations, improvement ‘Scum with CamScamery Industrial Relations, Trade Unions, and Labour Legislation 564 4. Means Adopted The most outstanding technique running common to the various activities of ILO is the adoption of ternational standards. A'though Conventions and Recommendations are ‘the main instruments for setting international standerds, recourse to other procedures has also been increasingly made. These ‘clude: (a) resolutions and conclusions adopted by expert committees and ad hoe conferences; (b) resolutions and reports adopted by bodies representing the views and interests of particular selnsties, sectors of economy of types of labour; (c) resolutions and reports of regional conferences sod regional technical meetings; (d) resolutions of autonomous bodies dealing with social security Gquestions. and (¢) model codes on various matters. “The standards of policy expressed in these various Shnums are not of course upon the same footing as the Conventions and Recommendations adopted by the International Labour Conference; the obligations to submit to national competent authorities and to report as requested by the Governing Body are not applicable to them; they have not the same measure of authority and are essentially more experimental in character; but, subject to these reservations, they supplement in many respects the provisions of Conventions and Recommendations.”* Other means adopted by ILO in respect of its various activities comprise: extending technical assistance including making available the services of experts, conducting training courses, seminars and symposia, research and information gathering, and publications. A description of the major activities of ILO is given below. > Creation of International Standards of Labour An important activity of ILO is the creation of international standards of labour on various labour and social matters. This is one primarily by the adoption of Conventions and Recommendations, the fcatures of which, have already been explained earlier in the chapter. These Conventions and Scum wth Cancer565 eternational Labour Organisation Collection and Distribution of Information and Publication LO has b Md ory of information on labour and social questions and a publishing house O has been a world repository ¢ The ILO collects information on a global basis on a wide variety of social and labour subjects and he ILO collects information on a g makes them available to the Member countries. Statistics collected by ILO are universally regarded as ut source of statistical information, Research accompanies and reinforces the activities an authoratative source eit afore al and! labour questions which is drawn extensively on its rich library containing more than 10 lakh les. The library of LLO publishes LABORDOC, a databs H yerates the International Labour Information Service on ANTig TH COeetion of Inte se Of major literature on ILO interests, ai s information, documents, and so on to 1LOs staff and a vast range of ILO related institutions, "he ILO brings out « number of authentic publications on major international labour and social Sues, standard reference works, technical guides on specialised topics, codes of practice on uPational safety and health, workers’ education materials, and text-books on management. The wedical publications of the organisation include: (i) Jnternational L «ity hour Review (quarterly journal): nis; (iv) Conditions of Work Digest; (v) Labour nt Bulletin of Labour Statistics; (vii) International and (vili) World of Work, Magazine of ILO. The Encyclopaedia of tal Labour Conventions and Recommendations and merous titles published ni, are a few notable am Research and Studies Numerous researches and studies relating specific labour and social issues have been completed scr the auspices of ILO and their results published. Some of the more notable arene covered have Neen tdlusitial relations, social. security, working conditions, industria] safety and health and manpower development. In this field, the role of the Intemational nctioning under the auspices oft i raising solution, The core theme of the o 10 economic evelopment and social progress tions such as trade unions and employers® y ons, including in set po. ons systems, shanisms regulating Training pf The ILO has attributed gre (No.142),1975 requir ollaboration with empl to develop and utili Aspirations. The Reco training. It deals with selt-employment,WAL Industrial Relations, Trade Union wuidelines contained in th J on the guid a based Broups. The training activities of ILO are essentially Recommendation makes available to the The principal role of ILO in the field of training is that of aa oe sovecnenata boll parma aa public and private trainers the servic Tifecke misma and aids in a variety of training programmes such as vocational training, 4p those for the unemployed, women and special target groups The ILO has also established the International Training Centre committed to the development of human resources based on the principle that ™ human capacity is the most efficient means of social advancement and heme developing countries or those in transition.”"” The subjects determined jointly by E an - Pores include: management training, workers! education, industrial relations, programmes for women, health and safety, social security, and so on. “Within the United Nations system, the Turin Centre ts now recognised as an effective means of improving the co-ordination between the different actors involved in technical co-operation.”!" at Turin in Italy, The Centre i je that “such an invest suring the future of ‘entre Improvement of Working Conditions and Working Environment 3 For improving working conditions and environment at work, ILO adopts in a co- various means of action including international standards of labour, siudies and research, collection and diffusing of information and technical co-operation. An appreciable number of Conventions and Recommendations aim at achieving the objective. These have been discussed in some detail later in the chapter. Apart from persuading the Member countries to apply these standards, ILO makes available (Deonsultancy ivi crvives to countries making request, and develops trai tate the — actions of all involved aa ea ® sete eile 8 Development of Social Institutions The ILOs programmes in this spt joa rele employers’ organisations, improvement in labour legislation and industrial relations, workers! Jabour administration, co-operatives and rural institutions. -_ The Bureau organisations and workers’ educ strengthens and develops relations sectorial, regional and national levels, workers’ organisations through required “to increase the number negotiating abilities, and to enco and promote the interests of their seminars and workshops for trade: publishes manuals, guidelines and ¢ 'o workers” organisations. The specially designed for workers! encourage the participation in workers, Other in to workers”Labour Organisation onal Training Centre also org rts of the World, ises special courses for members of workers’ anisations from different p "Activities established in the headquarter of the organisation, e¢ the futfelions of Establishing relations with employers’ organisations and provides technic operation to them, particularly in developing nbines TRE Bure of Employ countries, The technical co-operation programme is ended to promote the creation of stron and independent employers’ organisations in order that they ay effectively advocate the interests of their members and participate fully in the economic a development of their countries. The ILO, also, organises se jevels to «d social rs and training courses at various dhe staff of employers’ organisations with particular emphasis on their role in such area es, training in management, he: ndustrial relations, creation of small enterp th and safety, and ILO assists countries in formulating and developing their labour policies and labour inspection and employ ‘nt services. The role of ILO in this il in Chapter 31, It also meets requests from governments for stv we oF technical assistance in drafting labour laws, undertaking their reviews and adapting laws sistent with its established principles. he ILO supports and promotes co-oper joyment and generating 6S a3 a means of relieving poverty, creating incoms. In its programme relating to co-operatives, it encourages bership, autonomous decision making, democratic control, and equitable distribution of ‘enefits and risks. The organisation collaborates with national co-operative movements, non- m tions, governments, and organisations of employers and workers in formulating and promoting these objectives. It provides advisory and information services in regard to legislation tives and human resource development, and extends technical cooperation rs, he development of rural institutions has received special attention of ©)Many achy ities of the organisation such as establishment of international standards of labour, »yment promotion, training ond technical cooperation have given particular attention to the development of rural institutions and informal sectors, Other Activities (\ Some other activities of ILO relate to such) f buman rights and rights at work; tees, undertaking: special dren. women, migrants and dis ganisations having a bearing on its INTERNATIONAL STANI INDIAN LABOUR LEGISLAI International Standards of From its very inception, ILO) labour in the form of Ce Code. The nature of chapter. They have ‘Scum with CamScamer| trade Unions, and LADOUF Legislation 568 -an_ maternity protection, industrial health with pay, minimum age of employment, medic examina on, materanise and bargain collective safety and welfare, social security, freedom of SPHINN Ty 34, 2002. ILO had adopted 185 ployment conditions of seamen and unemploy ma" ons and Recommendations haye Tions and 193 Recommendations, The details of the Convent te assed below under suitable heads. and wages: ork, including hours of work, wee pecan ly rest, holidays with pay 1 Conditions of wo Employment of children and young persons Employment of women 4. Industrial health, safety and welfare 5. Social security 6. Industrial relations Employment and unemployment; and 8. Other special categories. CONDITIONS OF WORK inal Labour Organisation has devoted continued attention to the conditions of work of places including hours of work, weekly rest, holidays with pay, principles and methods ige regulation, and labour administration and inspection, A large number of Conventions and Recommendations Covering conditions of work of labour have been adopted by the International pour Conference Hours of Work (a) Industry: The Hours of Work (Industry) Convention (No.1) adopted in the first session of the ternational Labour Conference in 1919 relates to hours of work in industry. The Convention limits ‘he hours of work in industrial undertakings to 8 in the day and 48 in the week. It provides certaii ) all pala erate Sock Survivors’ Benefits Con.(No. 128), and Rec.(No.131),1967 The pt min the ESI Act, 15 (Minimum Standards) Con,(No.102),1952 have been partly incorpora é Security INDUSTRIAL RELATIONS jon (Agriculture) The Conventions relating to industrial relations ratified by India arg: Right of ea (Agricul Con,(No.17),1921, Rural Workers Ogranisation Con.(No.141),1975, and vipa: Comeau {International Labour Standards) Con,(No.144),1976. The provisions of Conventions Nos. 1 ang 1 have been included in the Trade Unions Act., 1926. The contents of Con.(No.144),1976 have * given effect to by the provisions of labour laws providing for the constitution of tripartite bodies suc as Minimum Wages Act,1948, ESI Act, 1948, and also by non-statutory measures The Industrial Disputes Act, 1947 contains some provisions of a few unratified Conventions and Recommendations which include: Collective Bargaining Con. (No.154),1981, Collective Agreements Rec.(No.91),1951, Voluntary Conciliation and Arbitration Rec.(No.92),1951, and Collective Bargaining Rec.(No.163),198 EMPLOYMENT AND UNEMPLOYMENT The Conventions concerning employment and unemployment ratified by India include: Unemployment Con.(No.2),1919 (later denounced), Employment Services Con. (No.88), 1948, Employment and Social Policy Con. (No. 122),1964, Forced Labour Con.(No.29),1930 and Abolition of Forced Labour Con.(No.105),1957, The provisions of the Conventions relating to unemployment and employment have been given cffect to by administrative orders and practices, supplemented by a few labour laws such as Employment }) Act, 1976. Forced labour has been prohibited by fundamental right against exploitation under the Indian Constitution. OTHER SPECIAL CATEGORIES Other special cagegories of Conventi Con.(No.21),1926, Seamen's Articles of. Transported by Vessels) Con,(No.27), I! Part Il), Indigenous and Tribal Population Con.(No.160),1985 Provisions of Con.(No.21),1926 have the Inter-State Migrant Workmen (Ri The Marking of Heavy Packages Act, Collection of Statistics Act, 1953 deal As stated in the beginning of this, Ways also, These include assistance studies, reports and relevant ‘Scum with CamScamer‘Scum with CamScamer586 Industri rade Unions, ui However, it is pertinent to mention here that the impact of ILO on internation - abou = an ae \abour standards in a particular country should not be judged only by the number of raiications CO country has secured. There are many countries which are in agreement W e ciple ; vent them cither wholly or partly incorporated in many of the Conventions and have sought to implen: ive measures, islative or other appropriate administra the difficulties which some These Member countries may and still have not ratified those of the Member States for the sake of through le Conventions. Therefore, itis appropriate to examine these Conventions experience in formally ratifyi convenience, be grouped under the following heads 1. countries with higher labour standards; 2, countries having a federal set-up: +. countries where the subject matters of the Conventions are regulated by colle; jive agreements; and 4. industrially backward countries. Countries with Higher Labour Standards Countries having standards of labour higher than those envisaged under International Labour count tione, experience a special problem of ratification. In such countries, apceptamce_of _ Conventions prescribing standards lower than the existing ones may involve considerable political effort-as there is obviously little interest in the subject. Besides, it is feared that the approval given to lowtr minimum standards will impair the authority of the higher national standard. In case where ratification of a Convention necessitates a change in the law of the land, legal difficulties are also cneountered, Although the ratification of an International Labour Convention does not imply tindermining of the higher national standards, many countries have experienced the above-mentioned llifficulties in according a formal ratification to many of the Conventions. Attempts have, however, been made to remove these difficulties by providing “no prejudice” clause in| the Conventions and other measures, Neverthless, the number of ratifications of the Conventions in many countries (with a few cxceptions) having comparatively higher labour standards, still continues to be small Countries Having a Federal Set-up The application of Conventions by countries the division of the legislative and executi constituent units: The national authority, of the provisions of a Convention, finds uubject falls under the jurisdiction of the rigs from country to country depending the federal government and the comparatively greater autonomy, the number of ratifications of reasons that the Constitution of ILO i regard to ratification of ‘Scum with CamScamernternatvonal Labour Organisation Countries Where Subj ject M: teed latters of Conventions are Regulated by Collective aaa ne highly developed industrial organisations, many issues forming the subject Cmployers and trada about Conventions are traditionally decided by collective agreements between ployc € unions afd the State deliberately refrains from making interference. It is Presumably due to this reason that the Constitution of ILO makes room for the application of Conventions by collective agreements also. However, in many cases it is very difficult for the competent national authority to 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 true in cases where collective agreements provide for standards higher than those established by the Conventions. Moreover, even when the competent national authority succeeds in persuading the parties to enter into agreement in accordance with the Provisions of a Convention, there is still the problem of ensuring the acceptance of obligation for a Substantial period of time, as many terms of collective agreements are changed at frequent intervals. Besides, the levels at which collective agreements are reached (for example, plant, industry, region, and others) also create further difficulties. industrially Backward Countries Economie: ly and industrially backward countries have generally very poor labour standards and they often find it very difficult to bring about any immediate improvement in the same. Although the International Labour Conventions which create only minimum standards are adopted after a thorough investigation into, and with due regard to the stages of economic and . different Member States, the standards so established often peepee insipsit — oa ‘and economically backward countries, These countries find it very difficult to ratify Co prescribing high labour standards. The ratification of Conventions which are in keeping with the prevailing labour standards does not involve many difficulties, ‘The foregoing has covered certain pertinent aspects Organisation—its establishment, standards of labour, influence on | Conventions and Recomm become increasingly more di active. Of late, ILO has started. ‘and special target groups of rural sectors. Its role in prow organisations in the formul considerably expanded Ani) Arts) Art10(1) Ar 19(8) ‘Scum with CamScamer