Labour Law

LABOUR LAW

DECENT WORK AND FRAMEWORK FOR INDIA

Submitted to:
Mrs. Asha Verma
(Faculty of Law)

Submitted by:
Manu Kharra 13A064
Naveen Meena 13A074

Session: 2013-18
Gujarat National Law University, Gandhinagar

1
 TABLE OF CONTENTS

TABLE OF Contents ................................................................................................................. 2

Introduction ................................................................................................................................ 5
Chapter 1: ILO And Decent Work ............................................................................................. 6

What is Decent Work: ............................................................................................................ 6

Meeting the Challenge: .......................................................................................................... 6
What The ILO Does ............................................................................................................... 7
The Four Strategic Objectives: .............................................................................................. 7
How the ILO works – From the global .................................................................................. 7
International Labour Conference ........................................................................................... 8
The Governing Body.............................................................................................................. 8
The International Labour Office ............................................................................................ 8
How the ILO works - From the local ..................................................................................... 8
Example of country level activities........................................................................................ 9
Decent Work Country Programmes (DWCPs) ...................................................................... 9
Decent Work: A Development Strategy for All .................................................................. 10
How the ILO works with the UN system............................................................................. 10

Chapter 2 : “Declaration Of Fundamental Principles And Rights At Work” ......................... 11

1. FREEDOM OF ASSOCIATION AND THE EFFECTIVE RECOGNITION OF THE

RIGHT TO COLLECTIVE BARGAINING ....................................................................... 11
2. ELIMINATION OF ALL FORMS OF FORCED OR COMPULSORY LABOUR ... 12
3. EFFECTIVE ABOLITION OF CHILD LABOUR ...................................................... 13
4. ELIMINATION OF DISCRIMINATION IN RESPECT OF EMPLOYMENT AND
OCCUPATION .................................................................................................................... 13

chapter 3: Decent Work: Decency and Human Dignity .......... Error! Bookmark not defined.
Chapter 4: Decent work framework and India ......................... Error! Bookmark not defined.

Promoting Gender Equality ................................................. Error! Bookmark not defined.

Implementation of Child Labour Related Policies and LegislationError! Bookmark not
defined.
Social Protection .................................................................. Error! Bookmark not defined.
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Protecting the Rights of Migrant Workers ........................... Error! Bookmark not defined.
Occupational Safety and Health........................................... Error! Bookmark not defined.
Labour Administration, Labour Laws and Labour InspectionError! Bookmark not
defined.
Social Dialogue and Industrial Relations ............................. Error! Bookmark not defined.
Risks and Assumptions in 2013- 2017 Decent Work FrameworkError! Bookmark not
defined.

Conclusion ............................................................................... Error! Bookmark not defined.

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Table of Authorities

Statutes

1. The Child Labour (Prohibition and Regulation) Act 1986 .......................................... 19

2. The Industrial Dispute Act 1947. ................................................................................. 17
3. The Right to Education Act 2009. ............................................................................... 19

4. Other Authorities

5. Bond labour, Government of India. Available at n.d.,

http://labour.nic.in/dglw/Schemes/BondedLabour.html .............................................. 14
6. Decent Work Country Programme India. Available at: .............................................. 13
7. India and the ILO , India Ministry of Labour and Employment. Available at: ........... 11
8. International Labour Organisation, Decent Work Country Programme for India....... 20
9. National Commission for Enterprises in the Unorganised Sector, Report on conditions
of work and promotion of livelyhoods in the unorganised sector ................................ 18
10. National Sample Survey (NSS), 61st, 66th and 68th Rounds, Employment and
Unemploymen .............................................................................................................. 11
11. Press Note on Poverty Estimates, 2011-12, Planning Commission, Government of
India ............................................................................................................................. 10
12. Ravi S. Srivastava, Joint UN study on “A Social Protection Floor for India” ............ 13
13. Social Protection Floors for Social Justice and a Fair Globalization, ....................... 15
14. South–South and triangular cooperation: The way forward, Governing Body, 313th
Session, ........................................................................................................................ 15
15. The Decent Work Agenda, available at
http://www.molsmed.gov.tt/Portals/0/Decent%20Work%20 Agenda.pdf .................. 16
16. Working Group for Social inclusion of Vulnerable Group like Child Labour and
Bonded and .................................................................................................................. 15

Rules

1. Government of India Planning commission, 12th Five Year Olan 2012-2017 ............ 19
2. The National Policy for Children 2012 ........................................................................ 19
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Regulations

1. Article 7, ILO Constitution. ......................................................................................... 10

INTRODUCTION

International Labour Organisation1 is the specialised body of the United Nations working on
labour issues and was set up in 1919. Since 1999, the ILO works as per the Decent Work
Agenda. In the meantime, the Decent Work Agenda has been widely accepted as an
important strategy to fight poverty and promote development. The Agenda has been included
in the Millennium Development Goals of the United Nations. In short, the thought behind
Decent Work is first of all an income that allows the working individual a good quality life.
Furthermore, at work, everybody has the same chance to develop themselves; working
conditions are safe; there is no case of child and forced/bonded labour; and discrimination
does not happen.
According to the International Labour Organization, "Decent Work" includes opportunities
for work that is productive and provides a fair income, security in the workplace and social
protection for families, superior prospects for personal development and social integration,
freedom for people to put across their concerns, organize and join in the decisions that affect
their lives and equal treatment for all men and women.2
For more than a decade the ILO has broadcasted its new approach to informalized labour, the
‘decent work’ approach. Decent work is now the main policy objective for the international
community with regard to labour.
The present article assesses the ILO decent work agenda: its objectives and coherence, its
progress in international policy discourse, its impact on labour relations and conditions, and
its overall policy direction in relation to alternative labour rights and welfare policy thinking.
This will be brought to bear on the case of India, where the existing regulatory framework for
labour relations will be discussed in relation to the reality on the ground. To what extent has
the Indian version of the decent work agenda and the ILO–India collaboration influenced

1
International Labour Organisation, Established Under United Nation in 1919.
2
Dufty, N.F. "Organizational Growth and Goal Structure: The Case of the ILO," International
Organization (1972) 26, pp 479–498.
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regulatory frameworks and labour relations? Who are the main social actors and what are the
power relations delimiting their influence? What is the impact of the ILO on this? From this,
wider lessons for both the ILO decent work agenda and for Indian labour relations will be
drawn. The present paper analyses how decent work programme has been implemented in
India and what effect it has left upon the labour policies and labour working environment in
India.

CHAPTER 1: ILO AND DECENT WORK

The International Labour Organization (ILO) is a United Nations agency dealing

with Labour issues, particularly international labour standards, social protection, and
work opportunities for all3. The ILO has 186 member states: 185 of the 193 UN member
states plus the Cook Islands are members of the ILO. ILO helps advance the creation of
decent work and the economic and working conditions that give working people and business
people a stake in lasting peace, prosperity and progress.

WHAT IS DECENT WORK:

“Decent work is productive work for women and men in conditions of freedom, equality,
security and human dignity”. It involves opportunities for work that deliver a fair income;
provide security in the workplace and social protection for workers and their families. It
offers better prospects for personal development which also encourage social integration;
give people the freedom to express their concerns, to organize and to participate in decisions
that affect their lives; and guarantee equal opportunities and treatment for all4.
Productive employment is one of the key mechanisms for ensuring effective distribution of
economic development since a major portion of family income, and the livelihood of
individuals, essentially stems from earnings generated in the labour market5.

3
Fried, John H. E. "Relations Between the United Nations and the International Labor Organization," American
Political Science Review, Vol. 41, No. 5 (October 1947), pp. 963–977.
4
Jasmien. "The International Labour Organization (ILO) In Past and Present Research," International Review of
Social History 2008 53(3): 485–511.
5
Philip S. History of the Labor Movement in the United States. Vol. 7.
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MEETING THE CHALLENGE:

The world is facing a number of decent work “Deficits” including unemployment and
underemployment, poor quality and unproductive jobs, unsafe work, insecure income, rights
that are denied and gender inequality.
Global economic growth is increasingly failing to translate into new and better jobs that
would lead to a reduction in poverty.
In 2008, 633 million workers and their families were living on less than US$ 1.25 per day. In
2009 as many as 215 million workers were at risk of falling into poverty.
Much of the world has a significant “gender gap” in both quantity and quality of
employment.
Over 85 million young people are unemployed worldwide today. Migrant workers are
particularly vulnerable to exploitation, lack representation and voice, and have inadequate
protection from income loss during sickness, disability and old age. In 2010, the global
number of child labourers was estimated at 215 million.6

WHAT THE ILO DOES

The ILO works actively with the UN and other multilateral agencies to develop policies and
programmes that support the creation of decent work opportunities.
The four pillars of the Decent Work Agenda are inseparable, interrelated and mutually
supportive. Failure to achieve one jeopardizes achievement of the others.

THE FOUR STRATEGIC OBJECTIVES:

 To promote and realize standards, and fundamental principles and rights at work.
 To create greater opportunities for women and men to secure decent employment
 To enhance the coverage and effectiveness of social protection for all
 To strengthen tripartism and social dialogue

HOW THE ILO WORKS – FROM THE GLOBAL

The ILO is unique in the UN system because its tripartite structure brings representatives of

6
Banerjee, K. and Saha, P. (2010) ‘The NREGA, the Maoists and the Developmental
Woes of the Indian State’, Economic and Political Weekly 45(28): 42–48.
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governments, employers and workers to jointly shape policies and programmes, giving it a
direct link to the world of work and the real economy.

INTERNATIONAL LABOUR CONFERENCE

ILO member States meet at the International Labour Conference (ILC) in June of each year
in Geneva. The ILC establishes and adopts international labour standards and is a forum for
discussion of key social and labour questions. It also adopts the Organization's budget and
elects the Governing Body. Each State is represented by two government delegates, an
employer delegate and a worker delegate. Technical advisors assist the delegations, which are
usually headed by Cabinet Ministers who take the floor on behalf of their governments.
Employer and worker delegates can freely express themselves and vote according to
instructions received from their organizations.7

THE GOVERNING BODY

The Governing Body is the executive council of the ILO and meets three times a year in
Geneva. It is composed of 28 government members, 14 employer and 14 worker members
elected by their own representatives. It takes decisions on ILO policy and establishes the
programme and the budget, which it then submits to the ILC for adoption. It also elects the
Director-General.8

THE INTERNATIONAL LABOUR OFFICE

The International Labour Office is the permanent secretariat of the International Labour
Organization.9

HOW THE ILO WORKS - FROM THE LOCAL

An extensive network of offices throughout Africa, Asia, Latin America, Central and Eastern
Europe and the Middle East provides technical guidance on policy issues, and assistance in

7
Article 7, ILO Constitution.
8
Chang, D. (2009) ‘Informalising Labour in Asia’s Global Factory’, Journal of
Contemporary Asia 39(2): 161–79
9
International Labor Legislation. Clark, N.J.: Lawbook Exchange, 2005.
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the
design and implementation of development programmes.10
Working with governments, workers and employers, and donors at the regional, sub-regional
and country levels, the ILO provides services in some 140 countries in the areas of standards
and fundamental principles and rights at work, employment, social protection and social
dialogue in a wide range of areas.11

EXAMPLE OF COUNTRY LEVEL ACTIVITIES

 Providing technical assistance for the development of job-rich growth and

employment policies.
 Training entrepreneurs in small business administration
 Strengthening social protection systems
 Assisting in the reintegration of ex-combatants into the national economy
 Assisting trade unions promoting occupational safety and health
 Setting up cooperatives in rural areas
 Working with governments to revise labour laws and develop and implement
labour market policies
 Eliminating child and forced labour, and all forms of discrimination in the
workplace
 Promoting gender equality
 Assisting in the collection of labour statistics

DECENT WORK COUNTRY PROGRAMMES (DWCPS)

DWCPs are the framework for delivery of ILO support at the country level. The ILO
promotes dialogue and broad partnerships with national and international institutions in their
elaboration, execution and monitoring thus promoting decent work as a key development
strategy.
DWCPs represent a platform to engage in national policy frameworks (Poverty Reduction
Strategies, Millennium Development Goals) and to contribute to UN-wide programming. The

10
Das, S.K. (2008) ‘Trade Unions in India: Union Membership and Union Density’, The
Indian Journal of Labour Economics 51(4): 969–82.
11
Press Note on Poverty Estimates, 2011-12, Planning Commission, Government of India.
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ILO
therefore aims at integrating DWCP into UN Development Assistance Frameworks
(UNDAFs) which also engage ILO constituents.12

DECENT WORK: A DEVELOPMENT STRATEGY FOR ALL

The Decent Work Agenda has become increasingly recognized as a key approach to
development. The global financial and economic crisis has underscored the urgent need for
response measures that focus on job protection, job creation and social protection.13
At the 2005 United Nations World Summit, heads of state and government declared, “We
strongly support a fair globalization and resolve to make the goals of full and productive
employment and decent work for all, including for young people, a central objective of our
national and international macroeconomic policies as well as poverty reduction strategies”
leading to the inclusion of a new MDG Target (1.B) that same year.
The UN Economic and Social Council (ECOSOC) Ministerial Resolutions of 2006 and 2007
called for the mainstreaming of decent work throughout the UN System. The UN System
Chief Executives Board (CEB) has developed the CEB Toolkit for Mainstreaming
Employment and Decent Work (2007).
In 2008, decent work was enshrined in the ILO Declaration on Social Justice for a Fair
Globalization, which was later endorsed by the UN General Assembly.
Full employment and decent work for all is the theme of the Second United Nations Decade
for the Eradication of Poverty (2008-2017).
In April 2009 the UN CEB agreed on nine joint crisis initiatives to tackle the crisis, accelerate
recovery and pave the way for a fairer and more sustainable globalization. The ILO is lead
agency for the Global Jobs Pact (GJP) and joint lead agency with the WHO for the Social
Protection Floor Initiative while cooperating with the other initiatives.
In January 2010, UNDP endorsed the implementation of the GJP globally

HOW THE ILO WORKS WITH THE UN SYSTEM

The ILO works with its constituents to initiate and strengthen partnerships with UN funds,
programmes and agencies as well as the World Bank and other international financial

12
India and the ILO , India Ministry of Labour and Employment. Available at:
http://labour.nic.in/ilas/indiaandilo.html last accessed on 14.09.2016 at 3:05 PM.
13
National Sample Survey (NSS), 61st, 66th and 68th Rounds, Employment and Unemployment
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institutions at international, regional and national levels.

The ILO collaborates with the UN system through joint programmes and projects, joint
research and the integration of Decent Work Country Programs into UNDAFs.
It has forged a strong collaboration and signed agreements with UNDP, IMF, WHO, FAO,
IFAD, UNIDO, UNESCO, UNWTO, UNCTAD, UNICEF and others for joint research,
policy development and action14. Dialogue and collaboration have started between agencies
to better understand the linkages between macroeconomic frameworks, social policy and
labour markets in achieving development objective. This should translate into more coherent
operations at the country level.15
At country level, the ILO can assist the UN Country team and individual agencies improve
the employment and Decent Work outcomes thus reducing poverty.

CHAPTER 2 : “DECLARATION OF FUNDAMENTAL PRINCIPLES AND

RIGHTS AT WORK”

The Declaration on Fundamental Principles and Rights at Work was adopted in 1998, at the
86th International Labour Conference16. It is a statement made by the International Labour
Organisation "that all Members, even if they have not ratified the Conventions in question,
have an obligation arising from the very fact of membership in the Organization to respect 17,
to promote and to realize, in good faith and in accordance with the Constitution, the
principles concerning the fundamental rights which are the subject of those Conventions".

1. FREEDOM OF ASSOCIATION AND THE EFFECTIVE RECOGNITION OF

THE RIGHT TO COLLECTIVE BARGAINING
All workers and all employers have the right to freely form and join groups for the support
and advancement of their occupational interests. This basic human right goes together with

14
Department of Commerce, Annual Report 2012-13, Chapter 7,
Available at http://www.commerce.nic.in/publications/anualreport_chapter7-2012-13.asp Last accessed on
14.09.2016 at 3:00 PM.
15
Ravi S. Srivastava, Joint UN study on “A Social Protection Floor for India”
16
Decent Work Country Programme India. Available at:
http://www.ilo.org/global/About_the_ILO/Media_and_public_information/Feat
ure_stories/lang--en/WCMS_123932/index.htm Last accessed on 14.09.2016 at 3:00 PM.
17
Dufty, N.F. "Organizational Growth and Goal Structure: The Case of the ILO," International
Organization 1972 Vol. 26, pp 479–498
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freedom of expression and is the basis of democratic representation and governance. People
need
to be able to exercise their right to influence work-related matters that directly concern them.
In other words, their voice needs to be heard and taken into account.
Freedom of association means that workers and employers can set up, join and run their own
organizations without interference from the State or one another.
The right freely to run their own activities means that workers' and employers' organizations
can independently determine how they best wish to promote and defend their occupational
interests. This covers both long-term strategies and action in specific circumstances,
including recourse to strike and lock out. They can independently affiliate with international
organizations and cooperate within them in pursuit of their mutual interests.
If the collective bargaining system does not produce an acceptable result and strike action is
taken, certain limited categories of workers can be excluded from such action to ensure the
basic safety of the population and essential functioning of the State.
Voluntary collective bargaining is a process through which employers - or their organizations
- and trade unions or, in their absence, representatives freely designated by the workers
discuss and negotiate their relations, in particular terms and conditions of work. Such
bargaining in good faith aims at reaching mutually acceptable collective agreements

2. ELIMINATION OF ALL FORMS OF FORCED OR COMPULSORY LABOUR

Forced labour occurs where work or service is exacted by the State or individuals who have
the will and power to threaten workers with severe deprivations, such as withholding food or
land or wages, physical violence or sexual abuse, restricting peoples' movements or locking
them up.
Bonding workers through debts is, in fact, a widespread form of forced labour in a number of
developing countries. Sometimes it originates with a poor and illiterate peasant pledging
labour services to an intermediary or a landowner to work off a debt over a period of time.
Sometimes the obligation is passed on from one family member to another, even down to
children, and from generation to another. The labour service is rarely defined or limited in
duration, and it tends to be manipulated in such a way that it does not pay off the debt. The
worker becomes dependent on the intermediary or on the landowner and labours in slave-like
conditions. The threat and, indeed, the occurrence of violence or other penalties for failing to
work turns an economic relationship - one-sided as it is to start with - into a forced labour
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situation.18

3. EFFECTIVE ABOLITION OF CHILD LABOUR

The principle of the effective abolition of child labour means ensuring that every girl and boy
has the opportunity to develop physically and mentally to her or his full potential. Its aim is to
stop all work by children that jeopardizes their education and development. This does not
mean stopping all work performed by children. International labour standards allow the
distinction to be made between what constitutes acceptable and unacceptable forms of work
for children at different ages and stages of development.To achieve the effective abolition of
child labour, governments should fix and enforce a minimum age or ages at which children
can enter into different types of work. Within limits, these ages may vary according to
national social and economic circumstances. However, the general minimum age for
admission to employment should not be less than the age of completion of compulsory
schooling and never be less than 15 years. In some instances, developing countries may make
exceptions to this, and a minimum age of 14 years may be applied where the economy and
educational facilities are insufficiently developed.19

4. ELIMINATION OF DISCRIMINATION IN RESPECT OF EMPLOYMENT

AND OCCUPATION
Discrimination at work can occur in many different settings, from high-rise office buildings
to rural villages, and in a variety of forms. It can affect men or women on the basis of their
sex, or because their race or skin colour, national extraction or social origin, religion, or
political opinions differ from those of others. Often countries decide to ban distinctions or
exclusions and forbid discrimination on other grounds as well, such as disability, HIV status
or age.20 Discrimination at work denies opportunities to individuals and deprives society of
what those people can and could contribute.
Equality at work means that all individuals should be accorded equal opportunities to develop
fully the knowledge, skills and competencies that are relevant to the economic activities they

18
Bond labour, Government of India. Available at n.d., http://labour.nic.in/dglw/Schemes/BondedLabour.html
Last accessed on 14.09.2016 at 4:05 PM.
19
Working Group for Social inclusion of Vulnerable Group like Child Labour and Bonded and
Migrant Labour in the 12th Five Year Plan (2012–17), Government of India. Planning Commission.
Available at http://planningcommission.nic.in/aboutus/committee/wrkgrp12/wg_vulnerable_groups.pdf Last
accessed on 14.09.2016 at 4:16 PM.
20
Social Protection Floors for Social Justice and a Fair Globalization,
International Labour Conference, 101st Session, 2012, Report (IV)(1). Available
at: http://www.socialprotection.org/gimi/gess/RessShowRessource.do? Last accessed on 14.09.2016 at 4:00 PM.
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wish to
pursue. Measures to promote equality need to bear in mind diversity in culture, language,
family circumstances, and the ability to read and to deal with numbers. For peasants and
owners of small or family enterprises, especially the women and ethnic groups, equal access
to land (including by inheritance), training, technology and capital is key21.
There are eight core conventions, which cover collective bargaining, forced labour, child
labour and discrimination. They require,

1.Freedom to join a union, bargain collectively and take action

 Freedom of Association and Protection of the Right to Organise Convention, 1948
 Right to Organise and Collective Bargaining Convention, 1951
2.Abolition of forced labour
 Forced Labour Convention, 1930
 Abolition of Forced Labour Convention, 1957
3.Abolition of labour by children before the end of compulsory school
 Minimum Age Convention, 1973
 Worst Forms of Child Labour Convention, 1999
4.No discrimination at work
 Equal Remuneration Convention, 1951
 Discrimination (Employment and Occupation) Convention, 1958

CHAPTER 3: DECENT WORK: DECENCY AND HUMAN DIGNITY

Decent work is the availability of employment in conditions of freedom, equity, security and
human dignity22. As per the International Labour Organization, "Decent Work" includes
opportunities for work which is productive and delivers a fair income, safety in the workplace
and social protection for families, better prospects for personal development and social
integration, freedom for people to express their concerns, organize and take part in the
decisions that affect their lives and equality of opportunity and treatment for all women and
men23. The ILO is emerging an agenda for the community of work, represented by its
tripartite constituents, to mobilize their considerable resources to build those opportunities

21
South–South and triangular cooperation: The way forward, Governing Body, 313th Session,
Geneva, March 2012
22
Jens Lerche, ‘Labour Regulations and Labour Standards in India: Decent Work’ (2012) 3 Global Labour
journal 21.
23
The Decent Work Agenda, available at http://www.molsmed.gov.tt/Portals/0/Decent%20Work%20
Agenda.pdf last accessed on 15.09.2016 at 11.52 PM.
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and to
help reduce and eliminate poverty.24

The objective of decent work pursues to protect workers from the vulnerabilities and
contingencies at work whether these arise from unemployment, loss of livelihood, sickness or
old age. The decent work agenda is the ILO umbrella strategy for improving the conditions of
the working poor and those in vulnerable employment and, more broadly, for a ‘fairer
globalization’.25

ILO’s decent work programme helps in providing decency in the work. Equal treatment to
all, sanitation at work place, right to minimum wages, right to welfare are core agenda of the
decent work. This decency in work replicates human dignity. Now even workers as well as
labourers have right at work pertaining to their wages, livelihood and living conditions. ILO’s
decent work tried to provide decency in the work of labourers so that their work can be
appreciated. Hence we can conclude that not only decent work provided for decency in the
work but also have reflected human dignity in the work.

CHAPTER 4: DECENT WORK FRAMEWORK AND INDIA

In February 2010 the Government of India and the Indian employers and workers
organizations agreed a decent work program (DWP) with the ILO 26. The ILO hailed it as ‘the
biggest and most widespread DWP to be launched by the ILO and social partners in a country
so far’.27

It is quite interesting that the Government of India has found it convenient to agree to the
program. Until now it has done little to get rid of ‘unacceptable forms of work’. It has been
contended that India ‘probably has the most comprehensive legal structure for labour welfare
and protection in the world’.28 But the 93 percent of India’s workers who are in informal

24
Id.
25
Measuring Decent Work, available at http://www.ilo.org/integration/themes/mdw/lang--en/index.htm last
accessed on 15.09.2016 at 1.30 PM
26
Malte Luebker, Overview of the ILO’s Framework for Measuring Decent Work, (2010) available at
http://www.ilo.org/wcmsp5/groups/public/---dgreports/---integration/documents/presentation/wcms_166196.pdf
last accessed on 15.09.2016 at 02.15 PM.
27
Id.
28
Deshingkar, Priya and Farrington, John Circular migration and multi locational livelihoods strategies in rural
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employment do not form part of this. As the Indian government’s National Commission for
Enterprises in the Unorganised Sector (NCEUS) concluded, informal workers do not enjoy
‘comprehensive protection of minimum conditions of work’.29

This consist of main labour laws such as the ‘Factories Act’ concerning health, safety and
welfare of workers, the ‘Industrial Employment Act’ which deals with conditions of
employment, and the ‘Industrial Disputes Act30’ The NCEUS (2007: 155–168) frameworks
the laws which apply to some sections of informalized labour. This comprises the Minimum
Wages Act, but the assuring of (very low) minimum wages is rendered farcical by the fact
that even the government’s own employment programs are openly entitled to pay workers
less than this stipulated amount.31

The Bonded Labour System (Abolition) Act which outlaws forced labour and the Child
Labour (prohibition and regulation) Act also cover informalized labour. Sector-specific
legislation, not least for the construction and the Beedi (country cigarette) industries, as well
as some state-specific laws, is also of relevance for informal labour.

However, as specified by the NCEUS, non-observation of all the above laws is endemic. For
example, it has been calculated that ‘85 percent of all casual workers in rural areas and 57
percent of them in urban areas get wages below the minimum wages’32. The labour law
implementation machinery is exceptionally thin on the ground and focuses on formal sector
inspections. It is exiguous since penalties have a tendency to consist of minimal fines – for
example, INR 500 (less than US$ 7) for breaking the Minimum Wages Act33. Currently the
trend is towards further deregulation and simplification of labour laws and inspections, not in
the direction of the implementation of the existing regulatory framework, let alone making it

India (7th edn Oxford University Press, 2009) 35.

29
National Commission for Enterprises in the Unorganised Sector, The Challenge of Employment in India An
Informal Economy Perspective (2009) 2 available at
http://nceuis.nic.in/The_Challenge_of_Employment_in_India_(Vol.%20II).pdf last accessed on 15.09.2016 at
02.54 PM.
30
The Industrial Dispute Act 1947.
31
Supra note 9 at 37.
32
National Commission for Enterprises in the Unorganised Sector, Report on conditions of work and promotion
of livelyhoods in the unorganised sector, (2007) 48 available at
http://nceuis.nic.in/condition_of_workers_sep_2007.pdf last accessed on 15.09.2016 at 03.22 PM.
33
K. R. Shyam Sundar, The Current State of Industrial Relations (2010) International Labour Organisation 56.
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more
comprehensive for informalized workers.34 To add insult to injury, none of the above
regulations cover the 57 percent of Indian workers who are self-employed.35

Promoting Gender Equality

There have been significant improvements in women's education, which is increasingly
reflected in their participation in different spheres of the world of work. 36 However,
entrenched cultural and social norms that discriminate against women, weak implementation
of legislations to promote gender equality in the world of work, a dearth of supportive public
infrastructure, and gender-based violence, including sexual harassment at the workplace,
prevent a large number of women from enjoying equal rights and equal opportunities in life
and at work37. Women's labour force participation rate is significantly lower than men's, and
women are predominantly found in low-skill, low-pay jobs, i.e., domestic work.38 The 12th
Plan endeavours to increase women's employability in the formal sector, improve the
conditions of self-employed women and take other steps to ensure decent work for them,
including equal pay for work of equal value.39

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal)

Act40 was enacted on 22 April 2013 with the aim to increase protection from sexual
harassment at the workplace. Recognizing the importance of domestic workers, most of
whom are women, the Government of India recently drafted the National Policy for Domestic
Workers (2011) to enhance protection and rights of this growing segment of workers 41.
Specific interventions include skills development for domestic workers, extension of social
protection schemes and the pilot- testing of registration and monitoring mechanisms of

34
Id.
35
National Commission supra note 12 at 155-168.
36
Abraham, V. ‘Employment Growth in Rural India: Distress-driven?’ (2009) Economic and Political Weekly
54 (16): 97–107.
37
Banerjee, D. ‘Globalization, Industrial Restructuring and Labour Standards. Where India Meets the Global’
(2005) Sage Publications 34.
38
Chandrasekhar, C.P. and Ghosh, J. Public Works and Wages in Rural India: Macroscan. (2011) Available at:
http://www.macroscan.org/fet/jan11/fet110111Public_Works.htm last accessed on 16/09/2016 at 11.11AM
39
Chang, D. ‘Informalising Labour in Asia’s Global Factory’, (2009) Journal of Contemporary Asia 39(2):
161–79.
40
Datt, R., ‘Industrial Relations – The Menacing Growth of the Phenomenon of Lockouts, (2002) Indian Labour
in the Post-liberalization Period.pp.181-200.
41
Das, S.K. ‘Trade Unions in India: Union Membership and Union Density’,(2008) The
Indian Journal of Labour Economics 51(4): 969–82.
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private placement agencies.42

I. IMPLEMENTATION OF CHILD LABOUR RELATED POLICIES AND LEGISLATION

As indicated in the 12th Plan43, the active participation of both boys and girls in the labour
market is falling with the decline being commensurate with significant increases in school
enrolments. The Plan also mentions that the Child Labour (Prohibition and Regulation) Act
198644 will need to be amended in line with the Right to Education Act 200945 as it makes a
distinction between hazardous and non-hazardous categories of work for children under 14
years. In this context, the National Child Labour Programme (NCLP), initiated in 1988, will
be further strengthened to synergize with the provisions of the Right to Education Act 46. In
April 2013, the Union Cabinet approved the National Policy for Children 201247, which, for
the first time, lays down a universal definition of the child as less than 18 years of age. The
policy changes the welfare-based approach to children's issues to a rights-based approach, in
line with the UN Child Rights Convention, which India ratified in 1992.

These enabling frameworks will facilitate the GOI to ratify the two ILO Child Labour
Conventions: Minimum Age Convention, 1973 (No. 138)48 and the Worst Forms of Child
Labour Convention, 1999 (No. 182)49.

II. SOCIAL PROTECTION

India has a large range of social protection schemes, both at the central and state levels,
which cater to different fragments of the population. The domain of these schemes is quite
large, covering basic education and health, workers' social security, employment creation and
promotion, food and nutrition security, and social pensions. The total expenditure by the
Indian Government on six of the major social protection related sectors (elementary
education; labour and labour welfare; health and family welfare; social security and welfare
and rural development) has increased from 1.30 per cent of GDP in 2001-2 to 1.72 per cent of

42
Deacon, B. and Cohen, S. ‘From the Global Politics of Poverty Alleviation to the Global Politics of Social
Solidarity’, (2011) Journal of Global Social Policy 11(2-3): 233–49.
43
Government of India Planning commission, 12th Five Year Olan 2012-2017.
44
The Child Labour (Prohibition and Regulation) Act 1986
45
The Right to Education Act 2009.
46
Id.
47
The National Policy for Children 2012.
48
The ILO Child Labour Conventions: Minimum Age Convention, 1973 (No. 138)
49
The Child Labour Convention, 1999 (No. 182)
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GDP in
2011-12.50

This was achieved through large scale flagship programmes, which encourage employment
and income security. An important milestone was the enactment of the Unorganised Workers
Social Security Act (2008).51

III. PROTECTING THE RIGHTS OF MIGRANT WORKERS

Inter-state and international migration in India is frequently influenced by social structures
and patterns of economic development. The 12th Plan recognizes migrant workers as a
vulnerable group, along with child labour and bonded labour, and lays emphasis for their
social inclusion. While legislative frameworks exist, the Government, in technical partnership
with the ILO, is focusing on strengthening inter-state coordination mechanisms between
origin and destination states to promote rights of migrant workers.52

IV. OCCUPATIONAL SAFETY AND HEALTH

Comprehensive safety and health statutes for regulating occupational safety and health (OSH)
at workplaces exist in India for four sectors: mining, factories, ports and construction. 53 The
adoption of National Policies on Safety, Health and Environment at the Workplace;
HIV/AIDS in the World of Work and on-going work in amending the Factories Act, 1948, in
line with international labour standards, are major steps of the Government of India towards
improving the safety, health and working conditions.54

V. LABOUR ADMINISTRATION, LABOUR LAWS AND LABOUR INSPECTION

Strengthening of labour administration is a core pillar for the promotion of more effective and
inclusive economic and social policies at the national level. Current challenges require the
adoption and implementation of responsive labour policies that can be laid into practice

50
International Labour Organisation, Decent Work Country Programme for India (2013-2017) 41 available at
http://www.ilo.org/wcmsp5/groups/public/---asia/---ro-bangkok/---sro
new_delhi/documents/genericdocument/wcms_232655.pdf last accessed 16.09.2016.
51
The Unorganised Workers Social Security Act 2008.
52
Working with the ILO – Decent Work and System Wide Coherence, available at http://rconline.undg.org/wp-
content/uploads/2011/11/RC_brochure_Final_WEB_Feb111.pdf last accessed at 16.09.2016.
53
International Labour Organisation, Decent Work Country Programme for India (2013-2017) 43 available at
http://www.ilo.org/wcmsp5/groups/public/---asia/---ro-bangkok/---sro
new_delhi/documents/genericdocument/wcms_232655.pdf last accessed 16.09.2016.
54
Supra note 33.
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through well-coordinated and efficiently operating labour administration machinery at

national and state levels.55

VI. SOCIAL DIALOGUE AND INDUSTRIAL RELATIONS

Two tripartite bodies were set-up in 1942: a Plenary Conference which came to be known as
the Indian Labour Conference, and a Standing Advisory Committee, which came to be
known as the Standing Labour Committee. Though there are several tripartite mechanisms in
place on specific issues, meetings of the Indian Labour Conference and Standing Labour
Committee are held repeatedly and play a noteworthy role in the review and formulation of
labour policies in the country, the social partners have indicated the need for strengthened
follow-up instruments on collective recommendations and resolutions.

VII. RISKS AND ASSUMPTIONS IN 2013- 2017 DECENT WORK FRAMEWORK

The DWCP 2012-13 is formulated by building on the achievements and lessons learned
during the implementation of the DWCP 2007-2012. It has also been aligned to the priorities
of the constituents. Minor adjustments and changes in the proposed framework can be made:
for example, natural disasters might call for some revisions. However, it is expected that the
priorities of the constituents will remain steady through the DWCP implementation period.

It is assumed that the economy will grow, enabling the government to allocate financial and
other resources necessary for the smooth implementation of policies and programmes.
With India’s growing international role and India emerging as a donor country, the need to
develop strategic partnership models, including using the South-South Cooperation and other
modalities, will need to be prioritized.

The DWCP can only be successful with the active cooperation of tripartite partners – the
government, employers and workers – with the ILO. In this context, the specific role of each
partner will be clearly defined during the planning for implementation of all the Outcomes.

55
International Labour Organisation, Decent Work Country Programme for India (2013-2017) 51 available at
http://www.ilo.org/wcnew_delhi/documents/genericdocument/wcms_232655.pdf last accessed 16.09.2016.
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CONCLUSION

The ILO has responded to the changes that have arose within the ‘labouring classes’ as part
of the neoliberal drive towards flexibilization and informalization and its resultant loss of
influence and power. Its Decent work approach has turn into the new main framework for
international labour policies. One of its strength is that it covers both work conditions and
social floor policies however it remains that the ILO is deprived of any meaningful means to
impose it. In reality the decent work agenda has had very slight impact on the situations of
informal labour and even its emphasis on child labour and forced labour is yet to display
major results.

As already discussed earlier such alliances have typically formed the foundation for more
steady welfare regimes. They have combined both around social policies with universal
coverage and which accordingly appeal across narrow social hierarchies, and around policies
against inequalities in the labour market. This has formed a common platform for welfare for
workers and middle classes. The policies in Latin America have not been made in ways
inspiring such alliances. The level of political mobilization amongst the working poor for the
programs and against economic inequalities is also in its infancy. The development of
crosscutting platforms and outright political mobilization is not part of the ILO decent work
agenda and hence leaves this agenda without constant transformative power. This matters a
great deal, even where the prevailing decent work agenda is far from being executed in the
Global South, because it has an influence on what to focus on within this agenda.

In India, circumstances of work and pay are not improving for informalized labour. Labour
catches itself in a very fragile bargaining position, whereas government and employers push
for further informalization. Social floor policies are in existence, especially NREGA, but so
far their influence on informal workers is unreliable. Moreover, they are targeted as
contrasting to universal programs. There are also no policies targeting at dealing with
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economic labour market based inequalities.

The Indian political landscape also does not advance the establishment of broad pro poor
alliances. Social policies have been broke through by middle class activists and by top-down
resourcefulness, not by broad-based movements. Informal labour is not a political force to be
figured with, neither in labour market relations nor in wider political perspectives. This does
not promise well for the sustainability of the alliance behind the social floor policies. The
consequence of the existing policies is most likely to be ‘management of poverty’ than the
formation of new social alliances that can carry through the decent work agenda in its totality.