GENESIS AND OBJECTIVES OF

INTERNATIONAL LABOUR ORGANIZATION

LABOUR LAWS & INTERNATIONAL LABOUR ORGANIZATION

AKSHIT SHARMA, BCOM LLB (HONS)

SEC D, RIOLL NO. 185/15, SEM 10
UILS, PU
 ACKNOWLEDGEMENT

I would like to start my project on Genesis and Objectives of International

Labour Organization by expressing gratitude to my Professor Dr. Virender
Negi for giving me the opportunity to present my research on the assigned topic
before the class.

I would also like to thank my parents, family and my friends for constantly
encouraging me during the course of this project, which I could not have
completed without their support and continuous encouragements.

AKSHIT SHARMA

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 INDEX

SR NO. CONTENTS PAGE NO.

1. Introduction 4
2. History of ILO 4
➢ Early Years 6
➢ Going Global 7
3. Aim & Objective of ILO 9
4. How ILO works? 12
5. India And ILO 14
6. Limitations 15
7. Conclusion 16
8. Bibliography 17

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 INTRODUCTION

International Labour Organization (ILO), specialized agency of the United

Nations (UN) dedicated to improving labour conditions and living
standards throughout the world. It sets international labour standards,
promotes rights at work and encourages decent employment opportunities, the
enhancement of social protection and the strengthening of dialogue on work-
related issues.

Established in 1919 by the Treaty of Versailles as an affiliated agency of

the League of Nations, the ILO became the first affiliated specialized agency of
the United Nations in 1946. It was established in response to a destructive war,
to pursue a vision based on the premise that universal, lasting peace can be
established only if it is based upon decent treatment of the workers. ILO is
devoted to advancing opportunities for women and men to obtain productive
work in conditions of freedom, equity, security and human dignity. In recognition
of its activities, the ILO was awarded the Nobel Prize for Peace in 1969. The ILO
has 187 state members.

HISTORY OF ILO

The Organization has played a role at key historical junctures – the Great
Depression, decolonization, the creation of Solidarność in Poland, the victory
over apartheid in South Africa – and today in the building of an ethical and
productive framework for a fair globalization.

It was created in 1919, as part of the Treaty of Versailles that ended World War
I, to reflect the belief that universal and lasting peace can be accomplished only
if it is based on social justice.1

1“A history of the International Labour Organization”, https://www.thenational.ae/uae/a-

history-of-the-international-labour-organization-1.492268 retrieved on March 20, 2020.

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The following are the principles which gave birth to the ILO and these following
principles were incorporated in Part –XIII of the Treaty of Versailles-

1. Universal peace can only be established if it is based on social justice and

social justice implies the working of equitable conditions of labour.
2. Regulation of labour conditions must be accomplished internationally
because the failure of any nation to adopt human conditions is an obstacle
in the way of the other nations which desire to improve the conditions of
labour in their own countries.
3. Examples of method of improving condition of labour are indicated below-

➢ Establishment of maximum working days and week;

➢ Prevention of unemployment;
➢ Provision of adequate living wage;
➢ Protection of labour against sickness, disease and injury arising out of
his employment’
➢ Protection of women, children and young persons;
➢ Provision for old age

To achieve these objectives and to implement these principles the peace treaty
prescribed that a permanent organisation be established and thus ILO came into
existence in the year 1919.

The Constitution of the ILO was drafted in early 1919 by the Labour
Commission, chaired by Samuel Gompers, head of the American Federation of
Labour (AFL) in the United States. It was composed of representatives from nine
countries: Belgium, Cuba, Czechoslovakia, France, Italy, Japan, Poland, the
United Kingdom and the United States. The process resulted in a tripartite
organization, the only one of its kind, bringing together representatives of
governments, employers and workers in its executive bodies.

The driving forces for the ILO's creation arose from security, humanitarian,
political and economic considerations. The founders of the ILO recognized the
importance of social justice in securing peace, against a background of the
exploitation of workers in the industrializing nations of that time. There was also
increasing understanding of the world's economic interdependence and the need
for cooperation to obtain similarity of working conditions in countries competing
for markets.

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Reflecting these ideas, the Preamble of the ILO Constitution states:

• 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;
• 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 areas of improvement listed in the Preamble remain relevant today, including
the regulation of working time and labour supply, the prevention of
unemployment and the provision of an adequate living wage, social protection of
workers, children, young persons and women. The Preamble also recognizes a
number of key principles, for example equal remuneration for work of equal
value and freedom of association , and highlights, among others, the importance
of vocational and technical education.2

EARLY YEARS

The ILO moved to Geneva in the summer of 1920, with France's Albert
Thomas as its first Director. Nine International Labour Conventions and 10
Recommendations were adopted in less than two years. These standards covered
key issues, including:

• hours of work ,
• unemployment ,
• maternity protection ,
• night work for women ,
• minimum age , and

2 The Story of Fifty Years. Geneva, ILO, 1969.

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 • night work for young persons .
A Committee of Experts was set up in 1926 to supervise the application of ILO
standards. The Committee, which still exists today, is composed of independent
jurists responsible for examining government reports and presenting each year to
the Conference its own report on the implementation of ILO Conventions and
Recommendations. The Great Depression, with its resulting massive
unemployment, soon confronted Britain's Harold Butler , who succeeded Albert
Thomas as Director in 1932.

Realizing that handling labour issues also requires international cooperation, the
United States became a Member of the ILO in 1934, although it continued
to stay out of the League of Nations.

The American, John Winant , took over as head of the ILO in 1939 - just as the
Second World War was imminent. He moved the ILO's headquarters temporarily
to Montreal, Canada, in May 1940 for reasons of safety.3

His successor, Ireland's Edward Phelan, had helped to write the 1919
Constitution and played an important role once again during the Philadelphia
meeting of the International Labour Conference, in the midst of the Second World
War.

Government delegates, employers and workers from 41 countries adopted

the Declaration of Philadelphia as an annex to the ILO Constitution. The
Declaration still constitutes the Charter of the aims and objectives of the ILO.
The Declaration sets out the key principles for the ILO’s work after the end of
World War II. 4

GOING GLOBAL

3“International Labour Organization History”,

https://www.nobelprize.org/prizes/peace/1969/labour/history/ retrieved on 20 March, 2020

4Fifty Years in the Service of Social Progress, 1919-1969”, ILO Panorama, 37

(July-August, 1969) 1-88.

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In 1946, the ILO became a specialized agency of the newly formed United
Nations.

America's David Morse, was Director-General from 1948-1970, when the

number of Member States doubled and the Organization took on its universal
character. Industrialized countries became a minority among developing
countries, the budget grew five-fold and the number of officials quadrupled.

The ILO established the Geneva-based International Institute for Labour Studies
in 1960 and the International Training Centre in Turin in 1965. The Organization
won the Nobel Peace Prize on its 50th anniversary in 1969.

Under Britain's Wilfred Jenks , Director-General from 1970-73, the ILO

advanced further in the development of standards and mechanisms for
supervising their application, particularly the promotion of freedom of
association and the right to organize.

His successor, Francis Blanchard of France, expanded ILO's technical

cooperation with developing countries. The ILO played a major role in the
emancipation of Poland from dictatorship by giving its full support to the
legitimacy of the Solidarnosc Union, based on respect for Convention No. 87 on
freedom of association, which Poland had ratified in 1957.

Belgium's Michel Hansenne succeeded him in 1989 and guided the ILO into the
post-Cold War period, emphasizing the importance of placing social justice at the
heart of international economic and social policies. He also set the ILO on a
course of decentralization of activities and resources away from the Geneva
headquarters.

In March 1999, Juan Somavia of Chile took over as Director-General. He

emphasized the importance of making decent work a strategic international goal
and promoting a fair globalization. He also underlined work as an instrument of
poverty alleviation and the ILO's role in helping to achieve the Millennium
Development Goals, including cutting world poverty in half by 2015.

Under Somavia, the ILO established the World Commission on the Social
Dimension of Globalization, which published a major report responding to the
needs of people as they cope with the unprecedented changes that globalization
has brought to societies.

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In May 2012, Guy Ryder (UK) was elected as the tenth Director-General of the
ILO. He was re-elected to his second five-year term in November 2016. Ryder
has emphasised that the future of work is not predetermined: Decent work for all
is possible but societies have to make it happen. It is precisely with this imperative
that the ILO established its Global Commission on the Future of Work as part of
its initiative to mark its centenary in 2019.

AIMS AND OBJECTIVES

A broad idea of the aims and purposes of the ILO can be understood from the text
of the Peace Treaty of 1919. It provided that ILO is being established for 'the
well-being, physical and intellectual of industrial wage-earners'. This was being
done not as a matter of charity to labour but as a matter of 'supreme international
importance'. However, it was recognised that 'differences of climate, habits and
customs of economic opportunity and industrial tradition, make strict uniformity
in the conditions of labour difficult of immediate attainment...that labour should
not be regarded merely as an article of commerce...'. Thus, from international
point of view the welfare of the wage-earners is the principal aim of the ILO.

The objectives of the ILO are clearly enumerated in the Preamble of its
Constitution supplemented by Article. 427 of the Peace Treaty of Versailles
which has been further supplemented by the Philadelphia Declaration of 1944.
Following are the conditions for improvement the Preamble declares to be
urgently required in various particulars:

• the regulation of hours of work, including the establishment of a maximum

working day and week;

• the regulation of labour supply;

• the prevention of 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;

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 • protection of the interests of workers when employed in countries other
than their own;

• recognition of the principle of the principle of equal remuneration for work

of equal value;

• recognition of the freedom of association; and

• The organisation of vocational and technical education.

From the very beginning the ILO, therefore, has been confronted with the
tremendous task of promoting social justice by improving conditions of work and
life, in all parts of the world. In its own words, it was given a sweeping mandate
in the field of social and labour action. 5

PHILADELPHIA CHARTER 1944

The utility of the ILO as a vehicle for social action and economic reforms was
greatly felt during the dark eyes of the World War II. The ILO has been so useful
to all of the three elements composing it--government, employers and workers--
that there is an almost unanimous desire for it to continue in existence. The ILO
is almost the only League of Nations instrumentality about which it can almost
be said'. A Conference convened in Philadelphia on April 20, 1944 marked the
beginning of a new era in the history of the ILO. The delegations of forty-one
States met together to consider the future role, policy and programmes of the ILO.
Out of the deliberations of the Conference emerged a document on the re-
definition of the ILO's aims and purposes and a wider conception of its
responsibilities. This was the Declaration of Philadelphia of 1944 which has been
incorporated into the ILO's Constitution. Article. 1 of the Declaration affirmed
the fundamental principles on which the Organisation is based and in particular,
that:

1. Labour is not commodity;

5 “ILO: International Labour Organization”, https://www.un.org/youthenvoy/2013/08/ilo-

international-labour-organization/ retrieved on March 13, 2020.

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 2. Freedom of expression and of association are essential to sustained
progress;

3. Poverty anywhere constitutes a danger to prosperity everywhere;

4. The war against want requires to be carried on with unrelenting vigour

within each nation, and by continuous and concerned international effort
in which the representatives of workers and employers, enjoying equal
status with those of governments, join with them in free discussion and
democratic decision with a view to the promotion of the common welfare.

Article. II of the Declaration reiterates that 'Central aim of national and

international policy' should be the attainment of social justice. In the words of the
Declaration social justice meant, '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'.

Article. III sets forth ten specific objectives which the ILO is to further and
promote among the nations of the world:

1. full employment and the raising of standards of living;

2. the employment of workers in the occupations in which they can have the
satisfaction of giving the fullest measure of their skill and attainments and
make their greatest contribution to the common well-being;

3. The provision, as a means to the attainment of this end and under adequate
guarantees for all concerned, of facilities for training and the transfer of
labour, including migration for employment and settlement;

4. Policies in regard to wages and earnings, hours and other conditions of

work calculated to ensure a just share of the fruits of progress to all, and a
minimum living wage to all employed and in need of protection;

5. The effective recognition of the right of collective bargaining, the co-

operation of management and labour in the continuous improvement of
productive efficiency, and the collaboration of workers and employers in
social and economic measures;

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 6. The extension of social security measures to provide a basic income to all
in need of such protection and comprehensive medical care;

7. Adequate protection for the life and health of workers in all occupations;

8. Provision for child welfare and maternity protection;

9. The provision of adequate nutrition, housing and facilities for recreation

and culture;

10. The assurance of equality of educational and vocational opportunity.

The way to achieve these goals, the Declaration affirms, is by effective

international and national action and the ILO pledges full co-operation to other
international bodies which share the responsibility of pursuing the above goals.

HOW THE ILO WORKS?

The ILO is the global body responsible for drawing up and overseeing
international labour standards and for ensuring that these standards are
respected in practice and principle. The 187 member States of the ILO meet at
the International Labour Conference in June of each year. Employer and
worker delegates freely express themselves and vote according to instructions
received from their organizations. They sometimes vote against each other or
even against their government representatives. The Conference 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.

The very structure of the ILO, where workers and employers together have an
equal voice with governments in its deliberations, shows social dialogue in
action. It ensures that the views of the social partners are closely reflected in
ILO labour standards, policies and programmes.

The ILO encourages this tripartism within its constituents

- employers , workers and member States , by promoting a social dialogue

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between trade unions and employers in formulating, and where appropriate,
implementing national policy on social, economic, and many other issues.6

MAIN BODIES

The ILO accomplishes its work through three main bodies which comprise
governments', employers' and workers' representatives:

• The International Labour Conference- sets the International labour

standards and the broad policies of the ILO. It meets annually in Geneva.
Often called an international parliament of labour, the Conference is also a
forum for discussion of key social and labour questions.
• The Governing Body is the executive council of the ILO. It meets three
times a year in Geneva. It takes decisions on ILO policy and establishes
the programme and the budget, which it then submits to the Conference for
adoption.
• The International Labour Office is the permanent secretariat of the
International Labour Organization. It is the focal point for International
Labour Organization's overall activities, which it prepares under the
scrutiny of the Governing Body and under the leadership of the Director-
General .7
The work of the Governing Body and of the Office is aided by tripartite
committees covering major industries. It is also supported by committees of
experts on such matters as vocational training, management development,
occupational safety and health, industrial relations, workers’ education, and
special problems of women and young workers.

6“International Labour Office (ILO)”, https://www.unwater.org/institution/international-labour-

office/ retrieved on March 21, 2020

7“The International Labour Organization”

https://www.who.int/workforcealliance/members_partners/member_list/ilo/en/, retrieved on
13 March, 2020

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 • Regional meetings of the ILO member States are held periodically to
examine matters of special interest to the regions concerned.8

RELATIONSHIP BETWEEN INDIA AND THE ILO

India became the member of the I.L.O in the year 1919 which is from its
inception. Though India had was not won independence by that year i.e. 1919, it
was admitted to the membership of the I.L.O. However its membership, of the
League of Nations and the I.L.O had not gone unchallenged.

For it was argued that it would give an additional vote to the United Kingdom.
The British Government gave an assurance that British India was democratically
administered and upon this India along with China, Iran, Japan and Thailand were
few Asian countries to be admitted to the I.L.O membership of the 24 States. Out
of 40 States represented, India was one which sent a full delegation to the first
session of the International Labour Conference held in the year 1919 at
Washington.9

It is to be mentioned here that the Indian delegation comprised of Government

representatives, Sir Atul Chatterjee, and Sir Louis Ker Sha. employers delegate
Sir Alexander Murry, and working delegate Sri. N.M.Joshi. Thus, Indian
Membership of the League of Nations and the International Labour Organisation
was indeed a first step in elevating the status of assemblies in the states inspite of
being a British Colony.

The ILO and India have common aims, goals and destiny, for, both of them are
committed to world peace freedom and social justice. Both are striving for the
socio-economic betterment of the long suffering, long forgotten people, the

8 “About the ILO”, https://www.ilo.org/global/lang--en/index.htm retrieved on 11 March

2020.

9 “International Labour Organization (ILO)”, https://in.one.un.org/who-we-are/ilo-india/,

retrieved on 13 March, 2020.

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people who are underprivileged and under nourished with the fullest realization
that any further delay would fatal for themselves and the whole world.10

LIMITATIONS

The ILO like other international institutions has a limited field of activity
delineated by its 'objects'. It differs from States as a subject of international law
in as much as in case of the ILO the problems of sovereignty and jurisdiction
cannot be similar to that of States. Any function outside its constitution lies within
the powers of the State. As the International Court of Justice has observed
referring to the United Nations: "Whereas a State possesses the totality of
international rights and duties recognised by international law, the rights and
duties of an entity such as the Organisation must depend upon its purposes and
functions as specified or implied in its constituent documents and developed in
practice."

Thus no international body including the ILO can over-step its constitutional
powers. For instance, the ILO cannot legally exercise the peace enforcement
functions of the United Nations Security Council or vice versa. Article. 39 of the
Constitution of the ILO confers on it international legal personality and in
particular he capacity to contract, to acquire and dispose of immovable and
movable property; and to institute legal proceedings. Article. 40 grants such
privileges and immunities to Director-General and other officers as are necessary
for the independent exercise of their functions in connection with the ILO.
Member States are legally bound to recognise such personality.

10“International Labour Organization”, https://www.britannica.com/topic/International-

Labour-Organization retrieved on March 14, 2020.

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 CONCLUSION

The International Labor Organization (ILO) is devoted to promoting social justice

and internationally recognized human and labour rights, pursuing its founding
mission that labour peace is essential to prosperity. Today, the 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. In support of its goals, the ILO offers expertise and knowledge about
the world of work, acquired over more than 90 years of responding to the needs
of people everywhere.

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 BIBLIOGRAPHY

BOOKS REFERRED-

➢ N.N Kaul, India and International Labour Organization, Metropolian

Book, Delhi, 1956.
➢ Steve Hughes And Nigel Haworth: The international Labour Organization
(ILO), published by Routledge Global Institution.
➢ Jean Michel Servais, International Labour Organization (ILO), published
by Kulwer Law International.

STATUTORY READINGS-

➢ Versailles Treaty, 1919

WEBSITES REFERRED-

1. https://www.who.int/workforcealliance/members_partners/member_list/ilo/en/
2. https://www.britannica.com/topic/International-Labour-Organization
3. https://in.one.un.org/who-we-are/ilo-india/
4. https://www.un.org/youthenvoy/2013/08/ilo-international-labour-organization/
5. https://www.unwater.org/institution/international-labour-office/
6. https://www.thenational.ae/uae/a-history-of-the-international-labour-organization-
1.492268
7. https://www.nobelprize.org/prizes/peace/1969/labour/history/
8. https://www.ilo.org/global/lang--en/index.htm

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