International labour

conference
and
international labour
office

Submitted To: Submitted By:

Ms. Shallu Akshay Bansal
Bcom.LLB(Hons.)
Section C
Semester 10
Roll No.: 282/15

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 ACKNOWLEDGEMENT
It gives me immense pleasure in acknowledging the valuable assistance intended to me by
various people in the successful completion of this project. The formal acknowledgement will
hardly be sufficient in expressing my heartfelt gratitude to my Labour Law teacher, Mr.
Virender Negi, without whose support and guidance this project would not have been
accomplished. Also, I want to thank her for providing such a resourceful and enlightening
topic for research work.

I would also like to extend a big thanks to the authorities of UILS and its Director, Mr. Rattan
Singh for providing all facilities like a well equipped library and all other necessary resources
which proved to be very helpful in the preparation of this project.

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 INDEX
INTRODUCTION.................................................................................................................................4
STRUCTURE OF ILO..........................................................................................................................5
INTERNATIONAL LABOUR CONFERENCE...................................................................................5
POWERS AND FUNCTIONS OF THE GENERAL CONFERENCE.................................................7
LEGISLATIVE POWERS AND FUNCTIONS....................................................................................7
ADMINISTRATIVE POWERS AND FUNCTIONS...........................................................................7
FINANCIAL AND BUDGETARY POWERS AND FUNCTIONS.....................................................8
GOVERNING BODY...........................................................................................................................8
INTERNATIONAL LABOUR OFFICE...............................................................................................9
CONCLUSION...................................................................................................................................11
BIBLIOGRAPHY...............................................................................................................................12

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INTRODUCTION

“Universal and lasting peace can be established only if it is based on social justice."

-ILO Constitution, 1919

In the context of the ILO constitution, “Social Justice” can be interpreted so as to include
within its ambit the conceptualized philosophy that all human beings irrespective of race,
creed or sex have the right to pursue both their material well being and their spiritual
development in conditions of freedom and dignity of economic security and equal
opportunity. Thus, ILO was built on the fundamental belief that universal lasting peace can
be established only if it is based upon social justice. Peace and justice go hand in hand
whereas conditions of labour exists involving such injustice, hardship and privation to large
number of people as to produce unrest so great that the peace and harmony of the world are
imperilled.

International LabourOrganisation (ILO) is the most important organisation in the world level
and it has been working for the benefit of the workers throughout the world. It was
established in the year 1919. It is a tripartiate body consisting of representatives of the
Government, Employer, workers. It functions in a democratic way by taking interest for the
protection of working class throughout the world.

It is also working at the international level as a ‘saviour of workers’ ‘protector of poor’ and it
is a beacon light for the change of social justice and social security. The I.L.O examines each
and every problem of the workers pertaining to each member country and discusses
thoroughly in the tripartiate body of all the countries. The I.L.O passes many Conventions
and Recommendations on different subjects like Social Security, Basic Human Rights,
Welfare Measures and Collective Bargaining. On the basis of Conventions and
Recommendations of I.L.O. every country incorporates its recommendations and suggestions
in its respective laws.

The International Labour Organization (ILO) was founded in 1919 as part of the Treaty of
Versailles. It is approaching its centenary. In 1946, it became the first specialised agency of
the United Nations. The ILO embodies a vision of universal, humane conditions of labour to
attain social justice and peace among nations. The contemporary expression of this vision is
the Decent Work Agenda.

The ILO’s original and most important task has been the development, promotion, and
monitoring of international labour standards. To date, the organisation has created 189
globally applicable, legally binding Conventions and 202 legally non - binding
Recommendations for the regulation of labour conditions. Many of these standards are still
enforced. The main subject areas of the international labour standards include the
fundamental rights at work, which are contained in the eight core labour standards of the
ILO. These are

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 • freedom of association
• the right to organise;
• the right to collective bargaining;
• the abolition of forced labour;
• a minimum age for employment
• the effective abolition of child labour;
• the prohibition of workplace discrimination;
• the mandate for equal pay for women and men for work of equal value.

These standards rank among the general human rights according to the declarations of the
United Nations and the European Social Charter. The remaining ILO Conventions are also
part of international law and refer to substantive (in ILO jargon: technical) standards for the
labour market; employment and training; enterprise development; remuneration; working
hours and rest periods; workplace health and safety; social security; particularly vulnerable
workers; and collective labour relations and social dialogue.

The ILO has played a key role at historical junctures such as the great depression,
decolonisation etc., and at present, it plays a productive frame work for affairs of
globalisation.  

India is a founder member of the International Labour Organization. The ILO has 187
member states: 186 of the 193 UN member states plus the Cook Islands(South Pacific) are
members of the ILO.

A unique feature of the ILO is its tripartite character. The membership of the ILO ensures the
growth of tripartite system in the Member countries. At every level in the Organization,
Governments are associated with the two other social partners, namely the workers and
employers. All the three groups are represented on almost all the deliberative organs of the
ILO and share responsibility in conducting its work.

STRUCTURE OF ILO

Article 2 of the ILO Constitution enumerates the organs of the ILO. It provides that “the
permanent organization shall consist of –

a) A General Conference of representatives of the Members;

b) a Governing Body composed as described in article 7; and
c) an International Labour Office controlled by the Governing Body.”

INTERNATIONAL LABOUR CONFERENCE

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Also known as the “international parliament of labour”,this is the Apex body of ILO which
makes labour policies for international labour. It is the organization's policy-making and
legislative body, in which every member state is represented.

The ILC holds its sessions at a frequency not less than once in a year. Article 3(1) of the ILO
Constitution provides that “The meetings of the General Conference of representatives of the
Members shall be held from time to time as occasion may require, and at least once in every
year.”

Art 3(1) also provides that “It shall be composed of four representatives of each of the
Members, of whom two shall be Government delegates and the two others shall be delegates
representing respectively the employers and the workpeople of each of the Members.”

Delegates have the same rights, and they can express themselves freely and vote as they wish.
This diversity of viewpoints does not prevent decisions being adopted by very large
majorities or unanimously.

Heads of State and prime ministers also participate in the Conference. International
organizations, both governmental and others, also attend but as observers.

The government, employers’, and workers’ representatives to the conference act in many
respects as three separate groups, functioning somewhat as political parties function in a
national legislature: the three groups meet separately for informal discussions of strategy;
they hold caucuses; and, voting separately, they elect the government, the employers’, and
the workers’ delegates to the Governing Body and to tripartite committees.

Art 3(5) provides that the non-Government delegates, namely, employers and workers, shall
be nominated by the Members in agreement with the industrial organizations which are most
representative of employers or work people in their respective countries.

The conference is empowered to appoint committees to deal with different matters relating to
labour during each session. Examples of such committees are The Selection Committee, The
Credential Committee, The Resolution Committee, The Drafting Committee, The Finance
Committee, etc. All committees except Finance Committee are tripartite in nature.

Art 3(2) provides that each delegate is authorized to be accompanied by not more than two
advisers for each item on the agenda of the meeting. When questions specially affecting
women are to be considered by the Conference, at least one of the advisers should be a
woman.

Decisions at the General Conference are taken by votes of its Members, and as provided by
Art 4, every delegate is entitled to vote individually on all matters which are taken into
consideration by the Conference.It also provides that if any Member fails to nominate one of
the non-Government delegates whom it is entitled to nominate, the other non-Government
delegate shall be allowed to sit and speak at the Conference, but not to vote.It also gives this
right to sit and speak to any delegate of the Member, whose admission is refused by the
General Conference in accordance with Art 3.

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Art 5 provides that “The meetings of the Conference shall, subject to any decisions which
may have been taken by the Conference itself at a previous meeting, be held at such place as
may be decided by the Governing Body.”

POWERS AND FUNCTIONS OF THE GENERAL CONFERENCE

The powers and functions of the International Labour Conference could be divided into three
parts: namely:

• Legislative;

• Executive; and

• Financial.

LEGISLATIVE POWERS AND FUNCTIONS

The legislative powers and functions of International Labour Conference are based on the
idea of protecting the interest of the working class through universal standards with a view to
improve the working conditions the labouring class and thereby ensuring social justice. These
are as follows:

i. Adoption or Revision of International Labour Code consisting of Conventions and

Recommendations,
ii. Amending the Constitution of the ILO,
iii. Determining whether an item on the agenda should take the form of an
International Convention or a Recommendation to meet circumstances where the
subject or aspect of it dealt with is not considered suitable or appropriate at that
time for a Convention,
iv. Deciding whether any subject to be considered by it shall be included in the
agenda for the following meeting,
v. Deciding about any change in the seat of the International Labour Office,
vi. Admission and readmission of members of the ILO.
vii. Permission to members who are in arrears, to vote in the Conference, (Section D
of International Labour Standing Orders)
viii. Deciding whether Conventions or Recommendations shall be considered in full
Conference or referred to a Committee for report.
ix. Inclusion of new items in the agenda of the Conference
x. Regulation of its own procedure.

ADMINISTRATIVE POWERS AND FUNCTIONS

Ever since its establishment in the year 1919, the ILO’s Conventions and Recommendations
have been increasing in number and consequently the ratifications by the member countries
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also increased. Hence, ILO’s Constitution confers the following administrative powers and
functions for an effective and constant watch over the application of the conventions ratified
by the members:

i. Enforcement and follow up action of the Convention and Recommendations.

ii. Seeking explanation from the members who fail to ratify Conventions.
iii. Appointment of Director-General and Committees and sub-Committees including
Regional Offices.
iv. Approaching the International Court of Justice (ICJ), as and when occasion arises
for taking advisory opinion
v. Convening Regional Conferences to undertake survey on labour and employment
matters.
vi. Deciding powers of the Regional Committees
vii. Approval of the election of members to the Governing Body.

FINANCIAL AND BUDGETARY POWERS AND FUNCTIONS

Each member has to pay travelling expenses of its delegates and their advisors etc., who are
attending the meetings of the conference. Apart from that, ILO Constitution also provides for
the following financial and budgetary arrangements:

i. Approval, allocation and collection of the budget of ILO.

ii. Arrangements for the allocation of expenses among the Members of the ILO by
Committee of Government representatives.

GOVERNING BODY
The governing body of the ILO is executive wing of the organ which is an intermediary
between the International Labour Conference and International Labour Office. It is also a
tripartite body representing governments, employers and workers group. The governing body
has the following six committees:

• Committee on the Freedom of Association (CFA)

• Programme, Financial and Administrative Committee (PFA)
• Committee on Legal Issues and International Labour Standards (LILS)
• Committee on Employment and Social Policy (ESP)
• Committee on Sectoral and Technical Meetings and Related Issues (STM), and
• Committee on Technical Cooperation (TC)

It is also a tripartite body. It implements decisions of the ILC with the help of the
International LabourOrganisation. It consists of 56 members in the same ratio of 2:1:1, i.e. 28
representatives of the Government, 14 of the employers and 14 of the workers. Of the 28

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representatives of the Government, 10 are appointed by the members of the States of Chief
Industrial Importance and remaining 18 are delegates of the other governments, as provided
under Art 7.

The tenure of the office of this body is 3 years. It meets frequently in a year to take decisions
on the programmes of the ILO.

THE FUNCTIONS OF THE GOVERNING BODY ARE TO:

1. Co-ordinate work between the ILC and ILO.

2. Prepare agenda for each session of the ILC.
3. Appoint the Director General of the office.
4. Scrutinize the budget.
5. Follow up with member states in regard to implementation of the conventions and
recommendations adopted by the ILC.
6. Fix the date, duration, schedule and agenda for the Regional Conferences.
7. Seek as and when required, advisory opinion from the International Court of Justice
with the consent of the ILC.

INTERNATIONAL LABOUR OFFICE

It is the third principal permanent organ of the ILO. It provides the Secretariat for all
conferences and other meetings. International Labour Office also called as a Store House of
Literature relating to World Labour and functions as a Liaison Office between a member
country and ILO. International Labour Office headed by Director-General appointed by the
governing body is responsible for the efficient conduct of the International Labour Office
subject to the instructions of the governing body. The Director-General and his Deputy is
required to attend all meetings of the Governing Body.

The International Labour Office in Genevais the ILO's headquarters and its permanent
secretariat, and is the third major organ of the ILO. As of 2000, its staff consisted of about
1,900 persons from more than 110 countries in Geneva and in 40 field offices.

The Director General (DG) of the ILO is the Chief Executive Officer of the Secretariat
appointed by the Governing Body. He also serves as the Secretary General of the ILC. His
tenure is for 10 years and extendable by the Governing Body.

Art 8(1) provides that the Director-General shall be appointed by the Governing Body, and,
subject to the instructions of the Governing Body, shall be responsible for the efficient
conduct of the International Labour Office and for such other duties as may be assigned to
him.

The Director General is assisted by two Deputy Director Generals, six Assistant Director
Generals, one Director of the International Institute of Labour Studies, and one Director of

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the International Centre for Advanced Technical and Vocational Training, Advisors, Chief of
Divisions from 100 nations.

Art 8(2) provides that “The Director-General or his deputy shall attend all meetings of the
Governing Body.”

Art 9 provides that the staff of the International Labour Office shall be appointed by the
Director-General as per regulations approved by the Governing Body. Having regard to the
efficiency of the work of the office, the Director General selects persons of different
nationalities as the staff of the International Labour Office. Acertain number of these persons
shall be women.

Art 9 also provides that its Director-General and other staff have to discharge their
responsibilities exclusively in international character. In the performance of their duties, the
Director-General and the staff shall not seek or receive instructions from any government or
from any other authority external to the Organization. They shall refrain from any action
which might reflect on their position as international officials responsible only to the
Organization.

It further provides that each Member of the Organization undertakes to respect the
exclusively international character of the responsibilities of the Director-General and the staff
and not to seek to influence them in the discharge of their responsibilities.

Art 10 provides the functions of the International Labour Office, and reads as follows –

“(1)The functions of the International Labour Office shall include the collection
anddistribution of information on all subjects relating to the international adjustment
of conditions of industrial life and labour, and particularly the examination of subjects
which it is proposed to bring before the Conference with a view to the conclusion of
international Conventions, and the conduct of such special investigations as may be
ordered by the Conference or by the Governing Body.

(2)Subject to such directions as the Governing Body may give, the Office shall:

a) prepare the documents on the various items of the agenda for the meetings of the
Conference;
b) accord to governments at their request all appropriate assistance within its power in
connection with the framing of laws and regulations on the basis of the decisions of
the Conference and the improvement of administrative practices and systems of
inspection;
c) carry out the duties required of it by the provisions of this Constitution in connection
with the effective observance of Conventions;
d) edit and issue, in such languages as the Governing Body may think desirable,
publications dealing with problems of industry and employment of international
interest.

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(3)Generally, it shall have such other powers and duties as may be assigned to it by
theConference or by the Governing Body.”

CONCLUSION
The International Labour Organization (ILO) was the first specialized agency of the UN, and
seeks the promotion of social justice and internationally recognized human and
labourrights.The ILO has developed a system of international labour standards aimed at
promoting opportunities for women and men to obtain decent and productive work, in
conditions of freedom, equity, security and dignity.

The principle organs of the International Labour Organization are the International Labour
Conference, the Governing Body, and the International Labour Office.

The International Labour Conference is the apex body of the International

LabourOrganization,and makes labour policies for international labour. It is the
organization's policy-making and legislative body, in which every member state is
represented.

The International Labour Office in Geneva, headed by the Director-General, is the

International LabourOrganization’s headquarters and its permanent secretariat, and is the
third major organ of the International LabourOrganization.

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 BIBLIOGRAPHY

Books Referred:

1. Ahmedullah Khan: Commentary on the International Labour Organization and the Indian
Response
2. N.N Kaul, India and International Labour Organization, Metropolian Book, Delhi, 1956
3. Steve Hughes And Nigel Haworth: The international Labour Organization (ILO), published by
Routledge Global Institution

Online Sources

1. https://minorityrights.org/wp-content/uploads/old-site-downloads/download-59-The-
International-Labour-Organization-A-Handbook-for-Minorities-and-Indigenous-
Peoples.pdf
2. https://www.ilo.org/public/english/download/glance.pdf
3. http://shodhganga.inflibnet.ac.in/bitstream/10603/8113/13/13_chapter%204.pdf
4. https://library.fes.de/pdf-files/iez/10279.pdf
5. http://shodhganga.inflibnet.ac.in/bitstream/10603/76677/10/10_chapter%203.pdf
6. https://www.ilo.org/wcmsp5/groups/public/@dgreports/@dcomm/@webdev/docume
nts/publication/wcms_082361.pdf

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