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TITLE: A STUDY ON INFLUENCE OF INTERNATIONAL LABOR ORGANISATION

(ILO) IN BRINGING CHANGES IN THE CONSTITUTION AND NATIONAL
LEGISLATION

SUBJECT: LABOUR LAW AND INDUSTRIAL RELATIONS - I

STUDENT NAME: VIREN DIPAKBHAI SARVAIYA

ROLL NUMBER AND DIVISION: 51 – A (FY LL.B.)

COLLEGE: JITENDRA CHAUHAN COLLEGE OF LAW

FACULTY NAME: PROF. DR. SHARMILA GHUGE

PROF. SUSHMA MHASKE
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ACKNOWLEDGEMENT

This research was carried out under the able direction of numerous people who helped and
inspired me. I want to take a moment to thank everyone who has supported me during my
academic journey before you read this project.

I want to express my gratitude to the University of Mumbai and the Jitendra Chauhan College
of Law at SVKM for providing me with the chance to study and improve my abilities in this
area.

I want to express my gratitude to our Principal Dr. Priya J. Shah Ma’am for giving the resources
and access needed to finish this project.

I would like to express my sincere gratitude to the Faculty Incharge and other Faculty of
LABOUR LAW AND INDUSTRIAL RELATIONS - I for their unwavering support and
direction over the course of this endeavour.

Last but not the least, I want to express my gratitude to my parents, family, and peers for their
unwavering support and encouragement as I worked on this project and continued to develop
my talents.

DATE: VIREN DIPAKBHAI SARVAIYA

7th December, 2023 51 – A

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TABLE OF CONTENTS

SR. NO. PARTICULARS PAGE NO

1. INTRODUCTION 4

2. HISTORICAL BACKGROUND 5

3. INTERNATIONAL LABOR STANDARDS 6

4. ILO’S INFLUENCE ON NATIONAL LEGISLATION 7

5. CONSTITUTIONAL IMPACT 8-9

6. LABOUR RIGHTS AND SOCIAL JUSTICE 10

7. CHALLENGES 11

8. SUCCESS STORIES 12

9. CONCLUSION 13

10. BIBLIOGRAPHY 14
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 INTRODUCTION

The International Labour Organization (ILO), established in 1919 in the aftermath of

World War I, has evolved into a dynamic force shaping global labor relations. Founded
to address the demands of 19th-century social and labor movements, the ILO's
tripartite structure, involving governments, employers, and workers, underscores its
commitment to social justice and labor rights. Initially focused on setting international
labor standards, the ILO has adapted over time, emphasizing soft law instruments and
fostering collaborations beyond its traditional structure. This evolution enables the
ILO to address contemporary challenges, influence national legislation, and play a
pivotal role in promoting decent work and social justice worldwide
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 HISTORICAL BACKGROUND 1

The ILO was established in 1919 as part of the Treaty of Versailles that ended
World War I. It was created in response to social and labor movements of the 19th
century, which demanded social justice and improved living standards for workers.
The ILO’s unique tripartite structure, involving representatives of governments,
employers, and workers, was designed to promote social justice and internationally
recognized human and labor rights.

Initially, the ILO focused on setting international labor standards through

conventions and recommendations. However, over time, it has shifted towards
promoting respect for labor rights through soft law instruments, rather than
focusing exclusively on traditional international legal instruments.

In terms of implementation and capacity building, the ILO has developed

partnerships with multiple and diverse actors beyond action undertaken
exclusively within its tripartite structure. This has allowed the ILO to have a
broader impact and reach in improving labor conditions worldwide.

The ILO has also opened itself to the role of decentralized governance mechanisms
and self-regulation, in addition to more traditional regulation of labor through
state-based steering mechanisms. This has enabled the ILO to adapt to the changing
dynamics of the global labor market and continue to play a crucial role in
promoting decent work and social justice.

In summary, the ILO’s role in international labor relations has evolved from being
a standard-setting body to a more dynamic organization that promotes labor rights,
builds capacity, and embraces decentralized governance mechanisms.

1 https://www.ilo.org/global/about-the-ilo/history/lang--en/index.htm
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 INTERNATIONAL LABOR STANDARDS2

The ILO sets international labour standards through conventions, which are legally
binding international treaties, and recommendations, which serve as non-binding
guidelines. These cover a wide range of work-related issues, including workers’ rights,
employment policy, and social security.

The Core Labour Standards are a set of four fundamental, universal, and indivisible
human rights established by the ILO. They are:

Freedom of Association and the Right to Collective Bargaining (Conventions

C.87 and C.98): All workers and employers have the right to freely form and join
groups for the support and advancement of their occupational interests.

Freedom from Forced Labour (Conventions C.29 and C.105): This standard aims
to eliminate all forms of forced or compulsory labour.

Freedom from Child Labour (Conventions C.138 and C.182): This standard aims
to stop all child labour that jeopardizes education and development. It also sets the
minimum age for work, which should not be less than the completion of compulsory
education and never less than 14-15.

Freedom from Discrimination at Work (Conventions C.100 and C.111): This

standard aims to eliminate discrimination in respect of employment and occupation.

These standards are considered to be fundamental principles and rights at work. All
ILO member states are committed to respect, promote, and realize these principles in
good faith.

The ILO sets international labor standards through a unique legislative process
involving representatives of governments, workers, and employers. The process
includes agenda setting, report preparation, two rounds of discussion at the
International Labour Conference, adoption of the standard, ratification by member
states, and supervision of implementation.

2 https://www.ilo.org/global/standards/introduction-to-international-labour-standards/conventions-and-
recommendations/lang--en/index.htm
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 ILO’S INFLUENCE ON NATIONAL LEGISLATION3

The ILO plays a significant role in influencing national legislation through its
international labour standards, which are set out in conventions and recommendations.
These standards cover a wide range of issues, including freedom of association,
collective bargaining, forced labor, child labor, and discrimination in employment.

When a country ratifies an ILO convention, it commits to applying the convention in

national law and practice. The ILO’s supervisory bodies examine the application of
these standards in member states and can provide guidance on how to incorporate
them into national legislation.

Furthermore, the ILO provides technical assistance, including legal advice and
assistance in drafting national labor legislation, to help countries fulfill their
obligations under ratified conventions. This assistance often leads to changes in
national legislation to align with international standards and best practices.

In addition, the ILO promotes social dialogue among governments and employers’
and workers’ organizations, which can lead to consensus-based national policies and
legislation.

Through these mechanisms, the ILO plays a significant role in shaping national labour
laws and practices, promoting decent work, and advancing social justice. For instance,
in India, the ILO has had a significant impact on Indian labor legislation, with several
ILO conventions and recommendations being incorporated into Indian labor laws.
Similarly, during the Great Depression and the decolonization process, the ILO held
a significant position for ensuring labor rights.

3 https://vvgnli.gov.in/sites/default/files/Labour%20%26%20Development%20June%202019.pdf
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 CONSTITUTIONAL IMPACT4

The constitutional impact of the ILO transcends borders, leaving an indelible mark on
the legal frameworks of several nations. A quintessential example of this influence is
found in the constitutional provisions of India, where the ILO has played a pivotal role
in shaping the country's commitment to labor rights and equal opportunities. Within the
Indian Constitution, Article 16 stands as a testament to the incorporation of ILO
principles, as it guarantees equal opportunities in terms of public employment. This
constitutional provision aligns closely with the ILO's fundamental principles,
particularly those related to non-discrimination and equality in the realm of
employment.

Furthermore, the impact extends to the Directive Principles of State Policy in India, a
set of guidelines for the government. Article 39 of these principles reflects the influence
of the ILO's Equal Remuneration Convention, 1951 (No. 100). This convention
underscores the importance of ensuring equal pay for men and women for work of equal
value. In embracing this principle, India's constitutional framework aligns with the ILO's
commitment to gender equality and non-discrimination in the workplace. It not only
reflects a legal convergence but also signifies a shared commitment to fostering an
inclusive and equitable labor environment.

Beyond India, Spain and Zambia serve as illustrative examples of nations where the ILO
has left an enduring imprint on constitutional and legislative landscapes. In both
countries, the incorporation of ILO standards occurred during the developmental phase
of Convention 189 (C189). This convention, which addresses decent work for domestic
workers, became a catalyst for legal changes that acknowledged and protected the rights
of a vulnerable segment of the workforce.

Spain's integration of ILO standards into its legislation indicates a proactive approach
to ensuring the rights and dignity of domestic workers. By aligning national laws with
the principles laid out in C189, Spain demonstrates its commitment to fostering decent
working conditions and equitable treatment within the domestic labor sector.

4 https://www.ilo.org/wcmsp5/groups/public/---ed_protect/---protrav/---
migrant/documents/publication/wcms_232520.pdf
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Similarly, Zambia's incorporation of ILO standards during the development of C189

reflects a commitment to advancing the rights and well-being of domestic workers. The
influence of ILO conventions in shaping national legislation in both Spain and Zambia
is emblematic of the organization's global impact and its role in shaping legal
frameworks to address contemporary labor challenges.

In summary, the ILO's constitutional impact is tangible and far-reaching. From India's
commitment to equal opportunities and gender equality to Spain and Zambia's
dedication to addressing the needs of domestic workers, these examples underscore the
ILO's role as a catalyst for positive change in national legal systems. As the organization
continues to advocate for fundamental labor rights globally, its constitutional influence
remains a cornerstone in the pursuit of social justice and equitable labor practices
worldwide.
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 LABOR RIGHTS AND SOCIAL JUSTICE5

The ILO has emerged as a global champion for labor rights, playing a pivotal role in
shaping and influencing labor legislation in various countries. Three notable examples
of its significant impact on diverse nations highlight the organization's commitment to
fostering fair labor practices, protecting workers' rights, and advancing democratic
ideals.

In the context of India, the ILO's influence on labor legislation is profound, with several
of its conventions and recommendations finding a place within the country's legal
framework. One prominent instance is the Right to Organise and Collective Bargaining
Convention, 1949 (No. 98). This convention, designed to safeguard workers and their
organizations from anti-union discrimination in the workplace, has had a discernible
impact on the shaping of Indian labor laws. The incorporation of ILO principles into
India's legislative landscape reflects the organization's role as a guiding force in
promoting collective bargaining, empowering workers, and establishing a foundation for
just and equitable labor practices.

Moving to South Africa, the ILO's robust support for trade union rights has played a
crucial role in the nation's historic struggle for democracy and freedom. By championing
the rights of trade unions, the ILO has contributed to the broader narrative of social and
political transformation in South Africa. The organization's emphasis on the significance
of collective bargaining and organized labor aligns seamlessly with the principles
underpinning a democratic society. In this context, the ILO serves not only as a guardian
of labor rights but also as a catalyst for broader societal change, actively contributing to
the realization of democratic ideals in South Africa.

Similarly, in countries like Poland and Chile, the ILO's unwavering commitment to
supporting trade union rights has been instrumental in fostering democratic principles
and promoting freedom. The organization's advocacy for the rights of workers to
organize and collectively bargain aligns with the foundational principles of democracy.
By empowering workers to voice their concerns collectively, the ILO contributes to the
establishment of robust democratic frameworks that prioritize the rights and well-being
of the workforce. In these instances, the ILO's impact extends beyond the confines of
labor legislation, actively participating in the broader discourse on democratic
governance and freedom.

Through its conventions, recommendations, and technical assistance, the ILO employs a
comprehensive approach to shape labor laws and practices globally. The organization's
multifaceted strategy addresses various facets of labor rights, ranging from anti-union
discrimination to broader trade union rights. By actively engaging with national
legislatures and offering technical support, the ILO becomes an integral partner in the
development of equitable and just labor frameworks. Its influence transcends the mere
drafting of international labor standards; it actively collaborates with member states,
contributing to the formulation of national labor legislation that reflects the principles of
decent work, social justice, and democratic governance.

5 https://www.ilo.org/wcmsp5/groups/public/---africa/documents/meetingdocument/wcms_214906.pdf
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 CHALLENGES6

The ILO faces several challenges in influencing national legislation:

Declining Standard Setting Role: The ILO’s role in setting standards has been
declining, which affects its ability to influence national legislation.

Low Ratification Rates: Many of the ILO’s conventions have low ratification rates,
which means that they are not being incorporated into national legislation.

Perceived Non-Representativeness: There is a perception that the ILO does not

adequately represent all stakeholders, which can affect its credibility and influence.

Overambitious Mandate: The ILO’s broad mandate can make it difficult to effectively
influence national legislation in all areas.

Restrictive Decision-Making Processes: The ILO’s decision-making processes can be

slow and bureaucratic, hindering its ability to respond quickly to changes in the labor
market.

Globalization and Changing Nature of Work: Globalization and the changing nature
of work and work organization have challenged national industrial relations systems and
diminished the power of social partners. This ongoing development has strongly affected
collective bargaining regimes and altered their nature.

6 https://www.legalserviceindia.com/legal/article-8198-ilo-and-its-impact-on-indian-labour-legislations.html
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 SUCCESS STORIES

The ILO has collaborated successfully with member states in various instances. Here are
a few examples:

South Asia: The ILO conducted a comprehensive study to assess the effectiveness of
existing reintegration measures for migrant workers in South Asian Colombo Process
member States, including Afghanistan, Bangladesh, India, Pakistan, Nepal, and Sri
Lanka.

Global: The ILO has worked with trade unions to improve the situation of workers by
enlarging the labor agenda and cooperation at international, transnational, and national
levels, as well as through their alliance-building with other civil society groups.

Spain and Zambia: Both countries incorporated ILO standards into their legislation
during the development phase of Convention 189 (C189), which concerns decent work
for domestic workers.

These examples demonstrate the ILO’s commitment to working with member states to
improve labor conditions and uphold labor rights.
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 CONCLUSION

In conclusion, the ILO has undergone a remarkable evolution since its establishment in
1919, transitioning from a standard-setting body to a dynamic organization focused on
promoting labor rights, building capacity, and embracing decentralized governance
mechanisms. The unique tripartite structure, involving representatives of governments,
employers, and workers, underscores the commitment to social justice and
internationally recognized human and labor rights.

While the ILO initially concentrated on setting international labor standards through
legally binding conventions, it has adapted to contemporary challenges by emphasizing
soft law instruments. This flexibility has allowed the organization to extend its impact
beyond traditional boundaries, fostering partnerships with diverse actors and influencing
national legislation in various countries.

The ILO's influence on national legislation is evident in examples such as Spain and
Zambia, where its standards have been incorporated during the development phase of
conventions. Moreover, the organization has played a pivotal role in shaping
constitutional provisions in countries like India, reflecting its enduring impact on legal
frameworks.

Despite facing challenges such as declining standard-setting roles and low ratification
rates, the ILO has demonstrated success through collaborative efforts with member
states. These successes include comprehensive studies, impactful collaborations with
trade unions, and the incorporation of ILO standards into national legislation. In a world
characterized by globalization and evolving work dynamics, the ILO remains a crucial
force in promoting decent work, advancing social justice, and advocating for the rights
of workers globally.
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 BIBLIOGRAPHY

A) BOOKS

Industrial Relations and Labour Laws, S. C. Srivastava

B) ARTICLES

1) https://www.ilo.org/global/about-the-ilo/history/lang--en/index.htm

2) https://www.ilo.org/global/standards/introduction-to-international-
labourstandards/conventions-and-recommendations/lang--en/index.htm

3) https://vvgnli.gov.in/sites/default/files/Labour%20%26%20Development%20June%20201
9.pdf

4) https://www.ilo.org/wcmsp5/groups/public/---ed_protect/---protrav/---
migrant/documents/publication/wcms_232520.pdf

5) https://www.ilo.org/wcmsp5/groups/public/---
africa/documents/meetingdocument/wcms_214906.pdf

6) https://www.legalserviceindia.com/legal/article-8198-ilo-and-its-impact-on-indian-labour-
legislations.html