Project Report

The International Labour Office and The International Labour Conference

International Labour Laws

SUBMITTED TO:

Dr. Virender Negi

SUBMITTED BY:

Caral

9/14, 10thsem

Section- A

B.A.LLB. (Hons.)

UNIVERSITY INSTITUTE OF LEGAL STUDIES, PANJAB

UNIVERSITY, CHANDIGARH.
ACKNOWLEDGEMENT

It is with profound gratitude and deep reverence that I have completed this project today, as it would have
not been possible for me to do so without the indispensable guidance of my teacher, Dr. Virender Negi , who
not only encouraged me to go forward with this project report but also propagated all my ideologies and
interpretations about the same.

I’m also grateful to the many authors whose books and articles I have used as a valuable resource for my
work. I hope this project meets everyone’s expectations.

Thank you

(CARAL)
INTRODUCTION
International Labour Organization (ILO) is the most important organization 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
tripartite 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 tripartite 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 idea of protecting the interest of the labour against the exploitation of capitalists owes its origin to the
philanthropic ideology of early thinkers and philosophers, and famous among them is “Robert Owen” who
being himself an employer took interest in regulating hazardous working conditions of the workers and also
in human conditions under which the workers were being crushed underneath the giant wheels of
production. The concept of Socialism as a potential and political force emerged in consequence to increasing
development of capitalism, as an answer and defence to it. There was an industrial revolution by which
many industries were established consequently social and economic evils have spread and so socialism has
become very essential.

ESTABLISHMENT OF INTERNATIONAL LABOUR ORGANISATION

The following are the principles which gave birth to the I.L.O

(1) Universal peace can be established only if it is based on social justice and social justice implies the
working of the equitable conditions of labour.

(2) Regulation of labour conditions must be accomplished internationally because “the failure of any nation
to adopt human conditions for labour 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 methods for improving conditions of labour are indicated as below :-
a. Establishment of maximum working days and week;

b. Prevention of unemployment;

c. Provision of adequate living wage;

d. Protection of labour against sickness, disease and injury arising out of his employment;

e. Protection of children women and young persons;

f. Provision for odd-age.

To achieve above mentioned objectives and to implement these principles, the Peace Treaty prescribed that a
permanent organization should be established and thus, the I.L.O came into existence in the year 1919.

AIMS OF THE INTERNATIONAL LABOUR ORGANISATION

The principle aim of the I.L.O is the welfare of labour as reaffirmed by the Philadelphia Conference of 1944

(a) Labour is not a commodity;

(b) Freedom of expression and of association are essential to sustained progress;

(c) Poverty anywhere constitutes danger to prosperity everywhere; and

(d) The war against want requires to be carried on with unrelenting vigour within each nation, and by
continuous and concerted international effort in which the representatives of workers and employers,
employing 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.1

THE OBJECTIVES OF THE I.L.O

The Declaration of Philadelphia set for 10 objectives, which the International Labour Organisation was to
further promote among the Nations of the world. The theme underlying these objectives is social justice. The
objectives are as follows :

a) Full employment and the revising of standards of living,

(b) The employment of workers in the occupation in which they can have the satisfaction of giving the
fullest measure of their skill and make their contribution to the common well being,

1
M. Maheswara Swamy,“Impact of I.L.O standards on Indian Labour 2007, p.28
(c) The provision, as 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,

(d) Policies in regard to wages and earning forms and other conditions of work. Calculate 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,

(e) 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,

(f) The extension of social security measures to provide a basic income to all in need of such protection and
comprehensive medical care,

(g) Adequate protection for the life and health of workers in all occupations,

(h) Provision for child welfare and maternity protection.

HOW INTERNATIONAL LABOUR ORGANIZATION WORKS

Tripartism and social dialogue

Underlying the ILO’s work is the importance of cooperation between governments and employers’ and
workers’ organizations in fostering social and economic progress. 
The ILO aims to ensure that it serves the needs of working women and men by bringing together
governments, employers and workers to set labour standards develop policies and devise programmes. 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 between trade unions and employers in formulating, and where appropriate,
implementing national policy on social, economic, and many other issues.
Main bodies

a) INTERNATIONAL LABOUR CONFERENCE

The member States of the ILO meet at the International Labour Conference, held every year in Geneva,
Switzerland, in the month of June.
Each member State is represented by a delegation consisting of two government delegates, an employer
delegate, a worker delegate, and their respective advisers. (Employer and Worker delegates are nominated in
agreement with the most representative national organizations of employers and workers.)

Every delegate has the same rights, and all can express themselves freely and vote as they wish. So it
happens that worker and employer delegates sometimes vote against their government's representatives or
against each other. This diversity of viewpoints, however, does not prevent decisions being adopted by very
large majorities, or in some cases even unanimously.

Many of the government representatives are cabinet ministers responsible for labour affairs in their own
countries. Heads of State and prime ministers also take the floor at the Conference. International
organizations, both governmental and others, attend as observers.
The Conference, which is often called an international parliament of labour, has several main tasks:

 First, there is the crafting and adoption of international labour standards in the form of Conventions
and Recommendations. Conventions are international treaties that, once adopted by the Conference,
are open to ratification by member States. Ratification creates a legal obligation to apply the
provisions of the Convention in question. Recommendations, on the other hand, are intended to
guide national action, but are not open to ratification, and are not legally binding.

 The Conference also supervises the application of Conventions and Recommendations at the national
level. It examines the reports which the governments of all member States are required to submit,
detailing their compliance with obligations arising out of ratified Conventions, and their law and
practice in respect of Conventions and Recommendations (ratified or not) on which reports have
been requested by the Governing Body of the ILO.

 Since the adoption of the Declaration on Fundamental Principles and Rights at Work (1998), another
important function of the Conference is to examine the Global Report prepared by the Office under
the follow-up procedure required by the Declaration. Over a four-year cycle, the Conference
examines in turn Global Reports covering the four fundamental rights, namely: (a) freedom of
association and the effective recognition of the right to collective bargaining;
 (b) the elimination of all forms of forced or compulsory labour;

(c) the effective abolition of child labour; and

(d) the elimination of discrimination in respect of employment and occupation.

 The Conference is also a forum where social and labour questions of importance to the entire world
are discussed freely - sometimes passionately. Delegates explore the course of social progress in the
world, but the central theme is the report presented each year by the ILO's Director-General. In
recent years, these reports have addressed: Social insurance and social protection (1993), Defending
values, promoting change: Social justice in a global economy (1994), Promoting employment
(1995), The ILO, standard setting and globalization (1997), Decent Work (1999), Reducing the
decent work deficit: A global challenge (2001) and A fair globalization: Creating opportunities for
all (2004).

 The Conference also passes resolutions that provide guidelines for the ILO's general policy and
future activities.

Every two years the Conference adopts the ILO's biennial work programme and budget, which is
financed by member States.

b) THE GOVERNING BODY

The Governing Body is the executive body of the International Labour Organization (the Office is the
secretariat of the Organization). It meets three times a year, in March, June and November. It takes decisions
on ILO policy, decides the agenda of the International Labour Conference, adopts the draft Programme and
Budget of the Organization for submission to the Conference, and elects the Director-General.

It is composed of 56 titular members (28 Governments, 14 Employers and 14 Workers) and 66 deputy
members (28 Governments, 19 Employers and 19 Workers). Ten of the titular government seats are
permanently held by States of chief industrial importance (Brazil, China, France, Germany, India, Italy,
Japan, the Russian Federation, the United Kingdom and the United States). The other Government members
are elected by the Conference every three years (the last elections were held in June 2017). The Employer
and Worker members are elected in their individual capacity.
 c) THE INTERNATIONAL LABOUR OFFICE

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 .
The Office employs some 2,700 officials from over 150 nations at its headquarters in Geneva, and in around
40 field offices around the world. Among these officials, 900 work in technical cooperation programmes and
projects.

THE INTERNATIONAL LABOUR CONVENTIONS

FUNDAMENTAL CONVENTIONS
The ILO's Governing Body has identified eight conventions as "fundamental", covering subjects that are
considered as fundamental principles and rights at work: freedom of association and the effective
recognition of the right to collective bargaining; the elimination of all forms of forced or compulsory labour;
the effective abolition of child labour; and the elimination of discrimination in respect of employment and
occupation. These principles are also covered in the ILO's Declaration on Fundamental Principles and
Rights at Work  (1998). There are currently over 1,367 ratifications of these conventions, representing
91,4% of the possible number of ratifications. A further 129 ratifications are still required to meet the
objective of universal ratification of all the fundamental.

The eight fundamental Conventions are:

 Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) 

This Convention provides that workers and employers shall have the right to establish and join organizations
of their own choosing without previous authorization. The public authorities are to refrain from any
interference which would restrict the right to form organisation or impede its lawful exercise. These
organizations shall not be liable to be dissolved or suspended by administrative authority. It also provides
protection against act of anti-union discrimination in respect of their employment. India has not ratified.

 Right to Organise and Collective Bargaining Convention, 1949 (No. 98) 

This convention enjoins on workers to join or not to join union with full freedom without fear of being
dismissed. It calls upon the member states to create conditions and institutions for promoting and ensuring
the right to organise, negotiate between employers and workers organizations with a view to the regulation
of terms of

employment and conditions of employment by means of collective agreement. In India the right to collective
bargaining has been greatly impinged by compulsory adjudication which leaves little chance or scope for
collective bargaining in the industry.

  Forced Labour Convention, 1930 (No. 29)

 This convention cancels certain forms of forced labour still allowed under the Forced Labour Convention of
1930, such as punishment for strikes and as a punishment for holding certain political views.

  Minimum Age Convention, 1973 (No. 138) 

This convention was adopted in 1973 by the International Labour Organization. It requires ratifying states to
pursue a national policy designed to ensure the effective abolition of child labour and to raise progressively
the minimum age for admission to employment or work.

  Worst Forms of Child Labour Convention, 1999 (No. 182) 

By ratifying this Convention No. 182, a country commits itself to taking immediate action to prohibit and
eliminate the worst forms of child labour. The Convention is enjoying the fastest pace of ratifications in the
ILO's history since 1919.

 Equal Remuneration Convention, 1951 (No. 100) 

It is the 100th International Labour Organization Convention and the principal one aimed at equal

remuneration for work of equal value for men and women. States parties may accomplish this through
legislation, introduction of a system for wage determination and/or collective bargaining agreements.

 Discrimination (Employment and Occupation) Convention, 1958 (No. 111) 

The convention requires states to enable legislation which prohibits all discrimination and exclusion on any
basis including of race or colour, sex, religion, political opinion, national or social origin in employment and
repeal legislation that is not based on equal opportunities.

GOVERNANCE CONVENTIONS

The ILO's Governing Body has also designated another four conventions as "priority" instruments, thereby
encouraging member states to ratify them because of their importance for the functioning of the international
labour standards system. The ILO Declaration on Social Justice for a Fair Globalization, in its follow-up,
underlined the significance from the viewpoint of governance of these Conventions.

The four governance Conventions are:

1. Labour Inspection Convention, 1947 (No. 81) 

2. Employment Policy Convention, 1964 (No. 122) 

3. Labour Inspection (Agriculture) Convention, 1969 (No. 129) 

4. Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) 

RATIFICATION OF I.L.O STANDARDS BY INDIA

The I.L.O Conventions and Recommendations have been greatly honoured by the working class all over the
world for their humanitarian and missionary zeal. These I.L.O standards are considered the embodiment of
social justice by the underprivileged, a magna carta of their liberty and proclamation of their freedom and
dignity against tyranny, whether social or economic or political.

It can be mentioned here that the I.L.O standards have been ratified by all the countries irrespective of their
political complexions or economic development and also varying forms and number depending upon many
factors. India is also greatly benefited by the I.L.O standards for the welfare of the workers.

There is a detailed procedure for ratification of the Conventions and Recommendations and the Conventions
analogues to International Treaties with required ratification by competent authority within a period of 18
months at the latest from the closing session of the conference.

Article 253 of the Indian Constitution expressly provides that “notwithstanding anything in the foregoing
provisions of this chapter. Parliament has power to make any law for the whole or any part of the territory of
India for implementing any treaty, agreement or convention with any other decisions made at any
international conference association or other body”.

According the scope of implementing legislation in India not limited to subjects with in the legislative
jurisdiction of the union parliament. 149 Therefore the making of the treaty in India is unlimited. As regards
the subject matter perhaps the only limitation is that legislation to give effect to treaties and agreements or
decision cannot be violate the fundamental rights mentioned in part III of the Constitution of India.

Under Article 13 of the Constitution, any law which violates rights guaranteed under part-III of the
Constitution of India is void to the extent of repugnancy. In other words, there are no constitutional
limitations upon the powers of the Union Government to enter into treaties with other States or international
organizations except those provided in part III of the constitution.
TABLE OF CONTENTS

S.No Contents Page No.

1. Introduction 4
2. Establishment of International Labour Organizations 4
3. Aims of International Labour Organization 5
4. Objective of International Labour Organization 5
5. How International Labour Organization Works 6
6. Main Bodies 7
7. The International Labour Convention 9
8. Ratifications of ILO Standards by India 11
9. Bibliography 12
BIBLIOGRAPHY

BOOKS:

 H.L. Kumar; Compliances under Labour Laws; Universal Law Publishing; Gurgaon; 5th Edition;
2015

WEBSITES:

 https://www.ilo.org/global/about-the-ilo/how-the-ilo-works/lang--en/index.htm
 http://in.one.un.org/who-we-are/ilo-india/