International Labour Organization

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International Labour

Organization
19 April 1919 International Labour Organization was set up against the backdrop of World
War 1 which caused a massive destruction to the world and specially
affected the Labour Class, and their condition was appalling

ILO was born as a result of the peace conference convened at the end of
World War in Versailles

Two organizations were founded:

Formation Of
1. League of Nations
2. International Labour Organization

India is the founder member and the original signatory of the treaty of

ILO peace and contributes to 2.77% of the ILO budget

ILO was an autonomous part of the League of Nations

World War 2 ILO temporarily moved its headquarters to Montreal Canada

1945 After UN was formed, ILO was its first specialist agency

1969 ILO celebrated its 50 Anniversary and also won a Noble Peace Prize

ILO has passed more than 400 conventions and recommendations on


Labour Legislations and contributes immensely to Human Rights, Social
Justice and Labour Welfare
• Whereas universal and lasting peace can be established only if it is based upon social
justice;
• And whereas conditions of labour exist involving such injustice, hardship and privation
to large numbers of people as to produce unrest so great that the peace and harmony of
the world are imperilled; and an improvement of those conditions is urgently required;
as, for example, by the regulation of the hours of work, including the establishment of a
maximum working day and week, the regulation of the labour supply, the prevention of

Preamble unemployment, the provision of an adequate living wage, the protection of the worker
against sickness, disease and injury arising out of his employment, the protection of
children, young persons and women, provision for old age and injury, protection of the

from ILO
interests of workers when employed in countries other than their own, recognition of the
principle of equal remuneration for work of equal value, recognition of the principle of
freedom of association, the organization of vocational and technical education and other

Constitution
measures;
• Whereas also the failure of any nation to adopt humane conditions of labour is an
obstacle in the way of other nations which desire to improve the conditions in their own
countries;
• The High Contracting Parties, moved by sentiments of justice and humanity as well as by
the desire to secure the permanent peace of the world, and with a view to attaining the
objectives set forth in this Preamble, agree to the following Constitution of the
International Labour Organization:
• https://www.ilo.org/dyn/normlex/en/f?p=1000:62:3905943374913::NO:62:P62_LIST_ENTRIE_ID
:2453907:NO#A1
Preamble: Takeaways

Universal and lasting peace can only be


founded only on the basis of social justice

To achieve this, it is important to bring


government, employers and trade unions “Si vis pacem,
together for united action in the cause of cole justitiam”

MOTO
social justice and better living conditions
everywhere – “If you
desire peace,
cultivate
The ILO symbolizes Social Justice, justice.”
Universal Peace and Human Dignity

It is founded to deal with International


Labour Problems
Objectives of ILO

ILO is a standard setting body.


International training institute
Improve conditions of life and The standards are laid down
and Institute for Labour studies.
work by building a through the joint efforts of the
It engages in research and
comprehensive code of law and government, management and
publishes wide range of labour
practice labour are realistic, solid and
and social matter.
widely appreciated
Main Functions of ILO

Setting International Labour


Providing technical
Code in relation to industrial
cooperation for improving
safety, occupational health,
social well being and world
labour welfare, etc. and
economies
supervising their observance

Research and Labour studies


and collecting and
disseminating information.
International Labour Code comprises of all the conventions 1 January 1992, International Labour Conference adopted
and recommendations adopted by International Labour 172 Conventions and 179 Recommendations
Conference

International Labour Code

1. promotion of 8 hour working per day


Covers an enormous range of important subjects related to 2. Struggle against unemployment
social and labour fields 3. Maternity Protection
4. Working conditions of women and children
The Technical Cooperation
Industrial Manpower
Relations Planning

Assistance
Choice of
Technology in Training
Policies

Occupational Small Scale


health and Industry
safety Development
Research and Publishing
Information Papers on
various
aspects of
Labour
Welfare,
Safety and
working
conditions
Mode of Functioning
Conferences and Specialized meetings- International Labour
Conference meets every year in June
Periodic regional conferences to bring government workers
representatives and employers and discuss problems in their regions
Discuss the economic activities and social issues

ILO also functions in multi disciplinary areas with the other agencies
of the UN
Structure of ILO: Tripartite Organization

Worker Bodies of ILO


Representative
ILO

Employer Apex Body


Governing Body
( Executive Body)
International Labour
Office
International Labour Makes sure that all (Information Center)
Conference the standard are
(Frame standards ) being followed by the
Government countries
Decision Making
Body

International Labour
Conference/World Governing Body
Parliament of Labour
International Labour Standards are
Conventions and Recommendations legal instruments drawn up by the
ILO’s constituents and setting out
basic principles and right to work .

Legal Instruments of ILO

Conventions or Protocols are Recommendations which serve


legally binding international as non-binding guidelines. They
treaties that once ratified by are national actions and do not
member states become national have international obligations.
obligations. They are Precise They act as a supplement for the
Model Codes conventions
• It provides that those states who were
members of ILO on 1 November,1945 and any
original member of the UN can become the

Membership member of ILO by accepting the obligations of


its constitution.

to ILO
• Other states can also become members of the
ILO by a vote concurred by 2/3 of the delegates
attending the session and 2/3 of the
government delegates present for voting
Representation in International Labour Conference
Every delegate has equal
Each member state is rights. It may happen that
According to the
represented by 2 the worker and employer
The Government delegates Constitution of ILO, the
Government delegates and delegate might have voted
are mostly ministers, worker and employer
an employer delegate and a against each other or
diplomats and officials delegates are appointed by
worker delegate. All of against their government
subject to government the governments in
them can also be representative. They can
instructions. agreement with relevant
accompanied with advisors express themselves freely.
industrial organizations
if required. Conclusions are made on
the basis of majority
Representation in Governing Body
It comprises of 56 members-28
representing governments, 14
representing employers and 14
Governing Body is like the executive representing workers. Out of the 28 It elects 1 President and 2 Vice
body of the ILO and is elected every government seats, 10 are held by Presidents among themselves.
three years at the conference. The States of Chief Industrial President is a government
governing body is also Tripartite importance and all other members representative by Convention
are delegates of other government.
India is one of the 10 of chief
industrial importance.
Representation in International Labour Office
The Director General of the
ILO is the Chief Executive of
He is assisted by two Deputy
this office. The DG is
International Labour Office in Director Generals, 6 assistant
appointed by the governing
Geneva is the permanent director generals, 1 Director
body, and he/she also acts as Advisors, Chief of Advisors
Secretariate of ILO. There are of International Institute of
the Secretary general of the and other staff is drawn from
regional offices for Asia and Labour Studies, 1 Director of
Conference. He is appointed several nations
Pacific, Latin America Africa, International Center of
for 10 years & his term may
the Arab States and Europe advanced Technical and
be extended by the governing
vocational Training
body. The staff of this office is
appointed by DG
Government, Worker International Labour
Representative and Employer Conference/ Parliament Regional Conferences
Representative (2:1:1) of International Labour

56 members out of which 28


The Governing Body OR from Government and 14 each
The Executive Council from Employer and Worker
Representatives

Panels of Experts
International Labour
offices or The Regional Offices
Secretariate
Industrial Committees

International Institute of International Training


Labour Studies Institute
Functions of Workout and adopt the International Labour Standards in form of
Conventions and Recommendations

International Conference approves work programs and budget for the

Labour Organization

Conference/ Conference acts as a platform where social and labour questions


of global importance are discussed freely for a better future

International The conference also passes resolutions which provide guidelines


for ILO’s general policies and future activities
Parliament
of Labour Make amendments to the constitution of ILO
Governing Body is the hub of wheel around which ILO activities revolve. It
coordinates work of the organization

Governing Body establishes the agenda of the Conference & other meetings,

Functions
takes notes of their decisions and decides on the consequences of action
taken. It directs the activities of the International labour office.

of Appoints Director General of the Office

Governing Scrutinizes the Budget

Body It follows up the implementation by member states of the conventions and


recommendations adopted by the conference

It fixes the date , duration and agenda if the regional conference


To prepare documents on the agenda set by the ILC and set
basic registration process for conventions and
recommendations

Functions of To assist government in framing decisions based on the


decisions of ILC

International To carry out functions in respect to various conventions


Labour
Office- To bring out publications related to labour problems
affecting the interests of the world
Secretariate
To collect and share information related to international
labour.
Fundamental Rights:
Freedom of Association
 Abolition of Forced Labour
 Elimination of Discrimination in Employment

 Minimum Age for Employment on Work


 Minimum Wages
 Labour Administration
 Industrial Relations

Subject  Employment Policy


 Working Conditions
 Social Security

Matter  Occupational Safety and Health


 Employment at Sea

*All these points are included in the Factory Act 1948 of our country.
All these points are Recommended by ILO.

*Factory Act 1948 is the guidelines made at national level.

* Most of the points are also covered under the Maharashtra


Factory Rule 1963 which shows how ILO has recommended to the
countries and on the basis of those guidelines state governments
also make rules.
Formulation- Help of Majority Standards are
finalized

Adoption- In form of Conventions

How are
Standards Registration

Set?
Implementation- National/State/Local Levels

Supervision- ILO carries out Supervising Roles


Formulation of Setting Standards

The Governing body shall decide the Agenda in form of questions for
ILC based on the suggestions made by the Tripartite body

Once the Agenda is set the ILO shall examine the subjects required
for submission to the ILC and make the necessary documents ready

The Office carries out the technical study in a thorough manner and
provides full assistance and consultation to the ILC
Once the questions/agenda is placed in front of the ILC it is
decided with the help of Double Discussion Procedure

During the case of emergency or other special circumstances


exist, the governing body may decide based on three fifth
majority on a single decision.

Double Discussion
Procedure Double Discussion Procedure prevents hasty or badly drafted
texts and promotes matters of urgent importance

Whenever any subject is put for double discussion, the ILO


circulate a preliminary report about the practice of that
subject in different countries and other relevant
views/questions to instill amongst the members the need to
adopt.
• Based on these discussions and comments received by the Government, Employer and Worker
Representations, The Office prepares certain reports and questions that require attention of the ILC.
• The same report is presented to the member states and to the ILC for further discussion
• The conclusions then reached forms the basis of 1st draft of conventions or recommendations and
then is circulated for comments to the member states by the Office
• On the basis of the comments, the office draws final report for the convention or recommendation
and places it before the ILC for final discussion.
• In case of a Single Stage procedure, the second and third stages are skipped and a majority of 2/3
votes is casted by the delegates to adopt the draft as a Convention or Recommendation.
Procedure for Registration

Once a Convention
One of the copies
is adopted, 2
is stored with the The Director
copies of it are
ILO and the other General also sends
authenticated by
is Registered with a copy to the
the President of
the Secretary member states
the Conference
General of the UN
and DG of the ILO
Implementation of the Standards

The Standards have no automatic binding force and need to be ratified by


the member nations

However, in case of both the Recommendations and Conventions, the ILO


members states have to implement these standards within 12-18 months
of the publishing dates

IN case any member state votes against adoption, it is under obligation of


the ILO to put it before the appropriate authority for ratification. In case
of urgent matters it shall be passed or else put forth for discussion
ILO also carries out the supervision for Implementation of the Standards.

Constitutional provisions shall themselves perform a check on the various standards.

All member states are required to give annual report to ILO as to how they bring to affect the conventions/recommendations

1926 it was recommended that each session of the conference shall have a special committee to examine the reports made by the
states. They are known as Committee of Experts. This Committee was set up tp supervise the ILO standards. They meet on a annual
basis.

In 1977, the system was again changed into a 2 yearly or 4 yearly intervals depending upon the subject matter of the Convention
Core Conventions of ILO/Fundamental
Human Rights Conventions
No. Convention Signed Effective

CO29 Forced Labour Convention, 1930 28 June 30 1 May 1932

CO87 Freedom of Association and Protection of the 9 July 1948 4 July 1950
Right to Organize Convention, 1948

CO98 Right to Organize and Collective Bargaining 1 July 1949 15 July 1951
Convention, 1949

C100 Equal Remuneration Convention, 1951 29 June 1951 23 May 1953


Core Conventions of ILO/Fundamental
Human Rights Conventions
No. Convention Signed Effective

C105 Abolition of Forced Labour Convention, 1957 25 June 1957 17 Jan 1959

C111 Discrimination (Employment and Occupation) 25 June 1958 15 June 1960


Convention, 1958

C138 Minimum Age Convention, 1973 26 June 1973 19 June 1976

C182 Worst Forms of Child Labour Conventions 1999 17 June 1999 19 November 2000
NO. CONVENTION DATE OF RATIFICATION STATUS

CO29 Forced Labour Convention, 1930 30 Nov 1954 In Force

C100 Equal Remuneration 25 Sep 1958 In Force


Convention, 1951

C105 Abolition of Forced Labour 18 May 2000 In Force


Convention, 1957
Core Conventions
Ratified by India C111 Discrimination (Employment 03 June 1960 In Force
and Occupation) Convention,
1958

C138 Minimum Age Convention, 1973 13 June 2017 In Force


(Minimum Agr-14)

C182 Worst Forms of Child Labour 13 June 2017 In Force


Conventions 1999
•CO87: Freedom of Association
Conventions and Protection of the Right to
Organize Convention, 1948

Not Ratified •CO98:Right to Organize and


Collective Bargaining Convention,
India are 1949
C87: Freedom
of Association
and Protection
of the Right to • It provides the rights of workers and
employers without any distinction to join and
Organize to establish organizations of their own
Association and without any authorizations.
Protection of the • Their organization would have the rights to
form or join federations and confederations,
Right to including those at the international level
Organize
Convention,
1948
C98: Right to Organize and Collective Bargaining Association

• It aims protect the right to organize and to promote collective


bargaining
• Collective Bargaining is defined as the process in which working
people, through their unions, negotiate contracts with their
employers to determine their terms of employment, including pay,
benefits, hours, leave, job health and safety policies, ways to balance
work and family, and more
• The guarantee provided under these two conventions are already
available to workers in India through constitutional provisions, laws,
regulations and practices
The main reason for non-ratification of the above two Conventions is due
to reservations expressed by Department of Personnel Training because
ratification would create legally binding obligations which are inconsistent
with our laws and practices. DoPT's view is that ratification of these
Conventions would involve granting of certain rights that are prohibited
under the statutory rules for Government employees, namely, to strike
work, restrictions on maintaining any political funds, to openly criticize
Government policies, to freely accept financial contribution, to freely join
foreign organizations et
Convention Name and Title of Date of
No. Convention Ratification

Conventions 1. Hours of Work (Industry) Convention,


1919
14.7.1921

Ratified By 2. Unemployment Convention, 1919 14.7.1921

India
4. Night work (Women) Convention, 1919 14.7.1921

5. Minimum Age (Industry) Convention, 9.9.1955


1919

6. Night Work of Young Person (Industry) 14.7.1921


Convention, 1919

11. Right of Association (Agriculture) 11.5.1923


Convention, 1921
Convention Name and Title of Convention Date of Ratification
No.

14. Weekly Rest (Industry) Convention, 1919 11.5.1923

18. Workmen’s Compensational (Occupational Diseases) 30.9.1927


Convention, 1925

26.

Conventions Minimum Wage-Fixing Machinery, Convention, 1928 10.01.1955

Ratified By 29.
Forced Labour Convention, 1930 30.11.1954

India
41.
Night Work (Women) Convention (Revised), 1934 22.11.1935

45. Underground Work (Women) Convention, 1935 25.03.1938

89.
Night Work (Women) Convention (Revised), 1948 27.02.1950

90.
Night Work Of Young Persons (Industry) (Revised), 1948 27.02.1950
Conventions Ratified By
India
•https://labour.gov.in/lcandilasdivision/india-ilo

Name and Title of Date of


Convention No. Convention Ratification

100.
Equal Remuneration
Convention, 1951 25.09.1958

123.
Minimum Age
(Underground Work)
Convention, 1965 20.03.1975

105.
Abolition Of Forced
Labour, 1957
18.05.2000
This fundamental prohibits all forms of
Forced or Compulsory Labour: where a
C29: person has not voluntarily offered himself
for any work. Where a all work is
Forced extracted from any person under the
menace of any penalty.
Labour
Convention Exceptions in the form of military service,
normal civil obligation are provided that
1930 the work be carried out in supervision
and control of public authority and that
the person is not let to work with private
offices.
This lays down the principle of equal remuneration for
men and women workers for equal work value

C100:Equal
Remuneration This convention ensures that all the ratifying countries
follow this convention by application to all workers the
Convention, principle of equal remuneration for work of equal value.

1951 The term remuneration is broadly defined as: Includes


ordinary, basic or minimum wage or salary and any
additional emoluments payable directly or indirectly
whether in cash or in kind, by the employer to the
worker and arising out of worker’s employment
C105: Abolition of Forced Labour
Convention 1957
This convention prohibits
forced labour as a means of
political coercion or education
or as a punishment for holding
political views or views
opposed to the existing
political, economical and social
system.
This fundamental convention defines
discrimination as “any distinction, exclusion or
preference made on the basis of race, colour,
sex, religion, political opinion, national
extraction or social origin which has the effect
of nullifying inequality of opportunity or
treatment in employment or occupation.

C111 The Convention also provides for the


Discrimination(Employment possibility of extending the list of prohibiting
&Occupation) Convention grounds of discrimination after consultation
1958 with respective worker, employer and
government bodies.

The Convention cover discrimination in


relation to access to education, vocational
training, access to employment and to
particular occupations, as well as terms and
conditions of the employment
C138: It is concerning the minimum age for entry into
employment and work.

Minimum Age It was adopted by ILC at its 58th Session in June


Convention, 1973. It sets the general minimum age for entry to
any employment or work only at 15 years (13 for
1973 light work,18 for hazardous work, 16 strict critical
conditions)

It provides for the possibility of initial setting and


general minimum age at 14(12 for light work)
where the economy and the education facilities are
insufficiently developed.
C182: Worst
Forms of
Child In 2020, the national consensus of India found that the
number of children involved in child labour are 152 million.
Labour Children aged between 5-14 years

Conventions As per Child and Adolescent Labour (Prohibition and


1999 Regulation) Act, 1986, amended in 2016, A child is defined
as any person below the age of 14 and this Act prohibits the
employment of the child in any employment including
domestic Help.

Children between the age of 14-18 are called Adolescents.


Such aged children can be employed but not in Hazardous
Occupation like mining, inflammable substances, explosives
related works,etc.
Factories Act states certain provisions for children between the age of 15-18
years

Mining Act states that children below the age of 18 years shall not work in the
mines.

Juvenile Justice (Care and Protection) of Children Act, 2015: It is punishable


under law if a child is made as a bondage for employment

Right of Children for Free and Compulsory Act 2009: Law has made free and
compulsory education for the children between age group 6-14 years.
Legislation has also stated that 25 percent of seats in private schools need to
be reserved for children from economically backward/disadvantaged class.
Target Take immediate and effective measures to
eradicate forced labour and modern
Action: slavery

Eradicated Human Trafficking, secure


prohibition and elimination of worst forms
of child labour

To end child labour of all forms by 2025

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