ILO

The International Labour Organization (ILO) is the only tripartite U.N. agency with
government, employer, and worker representatives. This tripartite structure makes the ILO a
unique forum in which the governments and the social partners of the economy of its 183
Member States can freely and openly debate and elaborate labour standards and policies.

INTERNATIONAL LABOUR OFFICE

The International Labour Office is the permanent secretariat of the International Labour
Organization, its operational headquarters. Administration and management are decentralized
in regional, area, and branch offices in more than 40 countries under the leadership of a
Director-General.

ILO-DIRECTOR GENERAL

A new Director-General is elected every five years by the Governing Body. Subject to the
instructions of the Governing Body, the Director-General is responsible for the efficient
conduct of the International Labour Office and other duties as may be assigned.

ILO-ADMINSITRATIVE TRIBUNAL

The Administrative Tribunal examines employment-related complaints by officials of the

International Labour Office and of the other international organizations that have recognized
its jurisdiction. It is currently open to approximately 46,000 international civil servants who
are serving or former officials of some 60 organizations.

ILO CENTRES AND INSTITUTUIONS

The ILO is universally regarded as an authoritative source of knowledge on the world of

work. The Organization has established Institutes and centres that provide specialized
research,training and support for the ILO’s offices and constituents.

ORIGINS AND HISTORY

The ILO 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.

The Constitution was drafted between January and April, 1919, by the Labour Commission
set up by the Peace Conference, which first met in Paris and then in Versailles. The
Commission, chaired by Samuel Gompers, head of the American Federation of Labour (AFL)
in the United States, was composed of representatives from nine countries: Belgium, Cuba,
Czechoslovakia, France, Italy, Japan, Poland, the United Kingdom and the United States. It
resulted in a tripartite organization, the only one of its kind bringing together representatives
of governments, employers and workers in its executive bodies.

The Constitution contained ideas tested within the International Association for Labour
Legislation, founded in Basel in 1901. Advocacy for an international organization dealing
with labour issues began in the nineteenth century, led by two industrialists, Robert Owen
(1771-1853) of Wales and Daniel Legrand (1783-1859) of France.

The driving forces for ILO's creation arose from security, humanitarian, political and
economic considerations. Summarizing them, the ILO Constitution's Preamble says the High
Contracting Parties were 'moved by sentiments of justice and humanity as well as by the
desire to secure the permanent peace of the world...'
There was keen appreciation of the importance of social justice in securing peace, against a
background of 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.
Reflecting these ideas, the Preamble states:

1. Whereas universal and lasting peace can be established only if it is based upon social
justice;
2. 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;
3. 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, for example:

1. Regulation of the hours of work including the establishment of a maximum working

day and week;
2. Regulation of labour supply, prevention of unemployment and provision of an
adequate living wage;
3. Protection of the worker against sickness, disease and injury arising out of his
employment;
4. Protection of children, young persons and women;
5. Provision for old age and injury, protection of the interests of workers when
employed in countries other than their own;
6. Recognition of the principle of equal remuneration for work of equal value;
7. Recognition of the principle of freedom of association;
8. Organization of vocational and technical education, and other measures.

Early days

The ILO has made signal contributions to the world of work from its early days. The first
International Labour Conference held in Washington in October 1919 adopted six
International Labour Conventions, which dealt with hours of work in industry,
unemployment, maternity protection, night work for women, minimum age and night work
for young persons in industry.

The ILO was located in Geneva in the summer of 1920 with France's Albert Thomas as the
first Director of the International Labour Office, which is the Organization's permanent
Secretariat. Under his strong impetus, 16 International Labour Conventions and 18
Recommendations were adopted in less than two years.

This early zeal was quickly toned down because some governments felt there were too many
Conventions, the budget too high and the reports too critical. Yet, the International Court of
Justice, under pressure from the Government of France, declared that the ILO's domain
extended also to international regulation of conditions of work in the agricultural sector.

A Committee of Experts was set up in 1926 as a supervisory system on the application of ILO
standards. The Committee, which exists today, is composed of independent jurists responsible
for examining government reports and presenting its own report each year to the Conference.

Depression and War

The Great Depression with its resulting massive unemployment soon confronted Britain's
Harold Butler, who succeeded Albert Thomas 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.

American John Winant took over in 1939 just as the Second World War became imminent.
He moved the ILO's headquarters temporarily to Montreal, Canada, in May 1940 for reasons
of safety but left in 1941 when he was named US Ambassador to Britain.

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, attended by representatives of
governments, employers and workers from 41 countries. The delegates adopted the
Declaration of Philadelphia, annexed to the Constitution, still constitutes the Charter of the
aims and objectives of the ILO. In 1946, the ILO became a specialized agency of the newly
formed United Nations. And, in 1948, still during the period of Phelan's leadership, the
International Labour Conference adopted Convention No. 87 on freedom of association and
the right to organize.

The Post-War Years

America's David Morse was Director General from 1948-1970 when the number of Member
States doubled, 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 made 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 and averted damage to the Organization, despite the loss of one quarter
of its budget following US withdrawal from 1977-1980. The ILO also 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.

On 4 March 1999, Juan Somavia of Chile took over as Director General. He emphasizes the
importance of making decent work a strategic international goal and promoting a fair
globalization. He also underlines work as an instrument of poverty alleviation and ILO's role
in helping to achieve the Millennium Development Goals, including cutting world poverty in
half by 2015.

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 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.

The ILO accomplishes its work through three main bodies (The International labour
Conference, the Governing body and the Office) which comprise governments', employers'
and workers' representatives.

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.

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

INTERNATIONAL LABOUR CONFERENCE

International labour standards and the broad policies of the ILO are set by the International
Labour Conference, which meets annually. Often called an international parliament of labour,
the Conference is also a forum for discussion of key social and labour questions.

STANDARD SUPERVISORY SYSTEM

International labour standards are backed by a supervisory system that helps to ensure that
countries implement the conventions they ratify.

GOVERNING BODY

The Governing Body is the executive council of the ILO and 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.

 PARTERNSHIPS AND DEVELOPMENT

Since the early 1950s, the ILO has been providing technical cooperation to countries on all
continents and at all stages of economic development. Projects are implemented through close
cooperation between recipient countries, donors, and the ILO, which maintains a network of
area and regional offices worldwide

The effect of ILO on Labor legislation in India

With the growth and expansion of factories and industries in the subcontinent beginning in
the mid-nineteenth century, new avenues for employment were created, resulting in a gradual
migration of the labor force from rural areas to mills and factories located primarily in urban
areas. At that time, in the absence of any state control or organization of the workers, the
employers were less concerned about the needs of their employees; the work hours were too
long, wages much below the subsistence level, and the workers’ employment conditions were
unsatisfactory. The situation led to the enactment of a number of legislations beginning from
the year 1881. These include, inter alia, the Factories Act (1881), Workmen’s Compensation
Act (1923), Trade Unions Act (1926), Trade Disputes Act (1929), Payment of Wages Act
(1936), Maternity Benefit Act (1939), and the Employment of Children Act
The Factories Act 1881 is the basis of all labor and industrial laws of the country. It contained
provisions even for hours of work of women and workers including that of minimum age for
employment of children. After the International Labor Organization (ILO) was formed in
1919, this Act was amended and thereafter repealed, resulting in the promulgation of the
Factories Act 1934. It makes provision for safety, health and hygiene of the workers and
special provision for women and juvenile workers. It also prohibits child labor. It limits work
of a child in factories, including the seasonal ones.
Under the Mines Act 1923 which applies to workers employed in mines, the hours of work
for persons employed on surface are limited to ten per day and fifty four per week. The
periods of work including rest interval shall not spread over more than 12 hours in any day.
For workers employed underground, the daily limit is nine hours per day. The Act does not
contain provisions as to overtime work. No worker is to work in a mine for more than six
days a week. The Act does not provide for wages for the weekly rest day.
The government of India set up an enquiry committee in 1926 to ascertain the loophole for
irregularity of payment of wages to industrial workers. The Royal Commission on Labor
appointed in 1929 considered the reports and suggestions of the aforesaid enquiry committee
and recommended for enactment for prevention of maladies relating to payment of wages
resulting in the promulgation of the Payment of Wages Act in 1936. It aimed, firstly, at
disbursement of actual distributable wages to workers within the prescribed period and,
secondly, to ensure that the employees get their full wages without any deduction. The Act
was passed to regulate the payment of wages to certain classes of persons employed in
industry. The object of the Act obviously was to provide a cheap and speedy remedy for
employees to whom the Act applied inter alia, to recover wages due to them, and for that
purpose, a special tribunal was subsequently created, but due to some inherent defects in the
statute the recovery of decree able wages rema
ined difficult.
The Weekly Holidays Act of 1942 prescribes one paid holiday a week for persons employed
in any shop, restaurant or theatre (excepting those employed in a confidential capacity or in a
position of management). The government is empowered to grant additional half-day holiday
with pay in a week
The Industrial Disputes Act, 1947 came into being on the 1st day of April 1947. The Act
provided for establishment of industrial tribunals by the appropriate government in British
India. It established a full-fledged industrial tribunal for adjudication of industrial disputes for
the first time
The Industrial Employment (Standing Orders) Act, 1946 came into operation for the first time
requiring employers in industrial establishments employing 100 or more workmen to define
the terms of employment of workmen in the form of standing orders which should be in
general conformity with the model standing orders incorporated in the Act. The Merchant
Shipping Act, 1923 provided for an agreement between a seaman and the master of the ship
regarding terms of service
Conclusion:
Labor class is indeed one of the classes most vulnerable to exploitation if not the most. Most
of the labor legislations in India are pre – constitutional. The concept of Fundamental Rights
was introduced the Constitution. Although most of the pre – constitutional legislations have
been repealed or curtailed following the Doctrine of Eclipse and Doctrine of Severability, not
a lot of changes have had to be made to the labor laws that were well passed before the
Constitution. The success of these labor legislations must be attributed to the ILO, as the
guidelines issued by the ILO were formed the principles on which these legislations were
drawn. By observing the passage of Labor Legislations in India, through the various
amendments and enactments, it is evident that the ILO did have a great impact on the Labor
Laws in India. Many new laws were enacted to incorporate the guidelines of the conventions
of the ILO that were ratified by India. The setting up of ILO also saw the amendment of
Factories Act, 1881. Al
l these amended and enacted legislations make provisions for the general welfare and
protection of interest of the labors in India. The positive influence of ILO is seen in form of
recognition of many new kinds of rights that were erstwhile not available to the labor class,
but were made available post the creation of ILO.

Core Conventions of the ILO: -

The eight Core Conventions of the ILO (also called fundamental/human rights conventions)
are: 
o  Forced Labour Convention (No. 29)
o  Abolition of Forced Labour Convention (No.105)
o  Equal Remuneration Convention (No.100)
o  Discrimination (Employment Occupation) Convention (No.111)
            (The above four have been ratified by India).
o Freedom of Association and Protection of Right to Organised
Convention (No.87)
o Right to Organise and Collective Bargaining Convention (No.98)
o Minimum Age Convention (No.138)
o Worst forms of Child Labour Convention (No.182)
(These four are yet to be ratified by India)
Consequent to the World Summit for Social Development in 1995, the above-mentioned
Conventions (Sl.No. 1 to 7) were categorised as the Fundamental Human Rights Conventions
or Core Conventions by the ILO.  Later on, Convention No.182 (Sl.No.8) was added to the
list.  
As per the Declaration on Fundamental Principles and Rights at Work and its Follow-up, each
member State of the ILO is expected to give effect to the principles contained in the Core
Conventions of the ILO, irrespective of whether or not the Core Conventions have been
ratified by them.  
Under the reporting procedure of the ILO, detailed reports are due from the member States
that have ratified the priority Conventions and the Core Conventions every two years.  Under
the Follow-up to the ILO Declaration on Fundamental Principles and Rights at Work, a report
is to be made by each member State every year on those Core Conventions that it has not yet
ratified.  
REASONS FOR NON-RATIFICATION:
CONVENTIONS NO.87 AND 98:
            Convention No.87 provides for the right of workers and employers, without any
distinction to establish and join organizations of their own choosing without previous
authorisation.  Their organizations have the right to form or join federations and
confederations, including on the international level.  These organizations or federations may
not be liable to arbitrary dissolution or suspension by an administrative authority.   The only
exception provided for in the Convention to the right to organise “without distinction
whatsoever” are the armed forces and the police, to whom special rules and regulations may
apply.  Convention No.98 aims to protect the exercise of the right to organise and to promote
voluntary collective bargaining.  The guarantees provided for under these two Conventions
are by and large available to workers in India by means of constitutional provisions, laws and
regulations and practices. The main reason for our not ratifying these two Conventions is the
inability of the Government to promote unionisation of the Government servants in a highly
politicised trade union system of the country.  Freedom of expression, freedom of association
and functional democracy are guaranteed by our Constitution.  The Government has promoted
and implemented the principles and rights envisaged under these two Conventions in India
and the workers are exercising these rights in a free and fare democratic society.  Our
Constitution guarantees job security, social security and fair working conditions and fair
wages to the Government servants.  They have also been provided with alternative grievance
redressal mechanisms like Joint Consultative Machinery, Central Administrative Tribunal
etc.  Hence, our stand has been that this section of the workforce cannot be said to have been
deprived of the right of association. 
CONVENTION NO.138 
As of now, there is no omnibus provision in our labour laws prohibiting children below
certain age from doing any work whatsoever.  For ratifying Convention No.138, enactment of
a suitable all encompassing Central Legislation for minimum age of entry to employment
would need to be enacted to have provisions for:
(a)    fixing a minimum age of 14 years for admission to employment or work in all
occupations, employment and work but excluding agriculture in family and small
holdings producing for own consumptions and not regularly employing hired
workers; and
(b)   fixing a minimum age of not less than 18 years for admission to any type of
employment or work which by its nature or circumstances in which it is carried out is
likely to jeopardise the health, safety or morals of young persons. 
The definition of ‘child’ in all concerned existing legislations would then need to be
determined in accordance with the provisions of the Central Legislation on minimum age for
admission to employment.  Thus, the Bill on the above lines on its enactment was to replace
or supercede the concerned existing legislations like the Child Labour (Prohibition and
Regulation) Act, 1986 etc. 
Fixing of minimum age for admission to employment needs to be preceded by creation of
suitable enforcement machinery and measures as would warrant the children not being
compelled by circumstances to seek employment.  The setting up of such machinery,
particularly, for the unorganised sector in agriculture, cottage and small-scale industries etc.,
(except for those industries which are covered under the Factories Act) becomes a difficult
task in a developing country like India. 
In the background of the above position, consultations have been held with the concerned
Ministries/Departments and State Governments to examine the existing provisions of national
laws and practices on the subject vis-à-vis the provisions of the Convention.  Since there is no
omnibus law on minimum age for entry into employment and the existing laws prescribe
different minimum ages for different sectors, the process is likely to be long drawn. 
CONVENTION NO.182: 
Ratification of Convention No.182 concerning Worst Forms of Child Labour is being pursued
by the ILO with all member countries.  The ILO has also initiated a concerted campaign for
this purpose. India is examining the feasibility of ratifying this convention in consultation
with the concerned Central Ministries and State Governments.  This is also to be discussed in
a tripartite forum with the participation of the Employers and Workers Representatives.    
Action taken so far: 
Ø      Consultation meeting taken by Secretary (Labour) on 3rd July, 2001 with the
representatives of Central Ministries/Departments and selected State
Governments: In this meeting it was felt that there would not be any objection to
agreeing to the elimination of worst forms of child labour is defined in Article 3(a),
(b) and (c).  In this connection, the concerned Ministries have been approached and
they have also agreed to amend the existing Acts in such a manner as to bring them in
line with the definitions in Convention No.182.  It was felt that Article 3(d) of the
Convention was more omnibus and less definitive in its nature.  The work defined
under this clause would need to be decided through the tripartite mechanisms as
defined in Article 4 of the Convention. 
Ø      Tripartite meeting of the Tripartite Committee on Conventions on 19th
October, 2001: The meeting decided that the provisions of Article 3(a),(b)&(c) of
Convention No.182 were acceptable as given in the text.  As far as the provision of
Article 3(d) was concerned, wherein the Tripartite consultation mechanism was
required to identify hazardous occupations and processes, the Technical Advisory
Committee constituted under the Child Labour (Prohibition and Abolition) Act would
be requested to examine the list of hazardous activities and identify the occupations
and processes that were likely to harm the health, safety and morals of children as
 defined in Article 3(d) of Convention No.182.  The matter would then be placed
before the next tripartite meeting, by which time the report of the Second National
Labour Commission was also expected to be available.  The views of the social
partners on the list of hazardous occupations identified by the Technical Advisory
Committee would also be elicited before the next meeting is convened.  

International Labour Conference (ILC) and take the form of Conventions or

Recommendations.

Conventions are legal instruments similar to international treaties, specific to the field of
labour law, which are subject to ratification by Member States. Upon ratification, they create
binding legal obligations. The application of these obligations in the national legislation and
practice is monitored and supervised through a variety of procedures created by the ILO for
this purpose. No modern day system can be static and remain relevant; in the same way, legal
standards and systems are bound to change to adapt to new needs. Such changes, and indeed,
adherence to standards continue to be monitored by various instruments of the International
Labour Organisation.

Countries adherence to Conventions which they have ratified is overseen by the Committee of
Experts on the Application of Conventions and Recommendations. The Committee of Experts
is a body dedicated to examining government reports on the application of conventions and
other obligations contained in the ILO Constitution relating to ILS as well as assessing the
conformity of national law and practice with the provisions of ILO Conventions. The reports
of the Committee of Experts are submitted to the International Labour Conference through the
Conference Committee on the Application of Standards which is a body dedicated to
supervising the application of labour standards as adopted by member states.

Recommendations are not subject to ratification, but are meant to define non-obligatory
norms, that is to say, they serve to amplify the provisions of the conventions or to deal with
questions which do not call for legal obligations. Their aims are to serve as guidelines in the
development of policy, legislation and practice in given fields. They enjoy the authority of
internationally accepted principles of social policy.

KEY NOTES
 Conventions are legally binding and are ratified in law by member states of the ILO
 Recommendations are not legally binding but serve as guidelines in policy formation
 ILS are developed through a tripartite representative system made up of government,
workers and employers