θωερτψυιοπασδφγηϕκλζξχϖβνµθωερτψ

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ξχϖβνµθωερτψυιοπασδφγηϕκλζξχϖβνµ
International Labour Standards and its
θωερτψυιοπασδφγηϕκλζξχϖβνµθωερτψ
application in India

υιοπασδφγηϕκτψυιοπασδφγηϕκλζξχϖβν
µθωερτψυιοπασδφγηϕκλζξχϖβνµθωερτ
ψυιοπασδφγηϕκλζξχϖβνµθωερτψυιοπα
σδφγηϕκλζξχϖβνµθωερτψυιοπασδφγηϕκ
λζξχϖβνµθωερτψυιοπασδφγηϕκλζξχϖβ
νµθωερτψυιοπασδφγηϕκλζξχϖβνµθωερτ
ψυιοπασδφγηϕκλζξχϖβνµθωερτψυιοπα
σδφγηϕκλζξχϖβνµθωερτψυιοπασδφγηϕκ
λζξχϖβνµρτψυιοπασδφγηϕκλζξχϖβνµθ
ωερτψυιοπασδφγηϕκλζξχϖβνµθωερτψυι
οπασδφγηϕκλζξχϖβνµθωερτψυιοπασδφγ
ηϕκλζξχϖβνµθωερτψυιοπασδφγηϕκλζξ
Submitted By : Neel Dalal
BBA-LLB 2016-21
χϖβνµθωερτψυιοπασδφγηϕκλζξχϖβνµθ
Submitted to: Ms. Subarna Ghosh
Module-Labour Law
ωερτψυιοπασδφγηϕκλζξχϖβνµθωερτψυι
οπασδφγηϕκλζξχϖβνµθωερτψυιοπασδφγ
ηϕκλζξχϖβνµθωερτψυιοπασδφγηϕκλζξ
χϖβνµθωερτψυιοπασδφγηϕκλζξχϖβνµθ
INTRODUCTION

Internationala Labour Organization sincea 1991 is maintain and developing
international labour standards. The main objective of ILO is to promote and provide
opportunities to men and women to get a decent and productive work , in respect of
freedom, equality, security and dignity. Ina today’s world , labour standards are an
important component in international framing ensuring that it provides benefit for all
globally.
Labour commission drafted the constitution of ILO, which is a body that has been set
up during the Paris Peace Conference by the allied countries. The American
Federation of Labour was the head of the Labour Commission among the delegates of
9 countries: Belgium, Cuba, Czechoslovakia, a France, Italy, a Japan, Poland, the
United Kingdom and thea United States.
The idea or the force thata led to the creation ofa ILO was to achieve peace through
social justice.

The concerned areas of ILO :

• How to regulate working hours
• How to regulate of labour supply
• How to protect the workers who are sick or hurt due to work
• Protection of women, children and adolescents
• Provisions for pension and social security
• Up-holding the principle that pay should equal the value of the work
• Up-holding the principle of freedom of association
• Organization of technical and vocational training to meet labour demands

Objectives of the ILO are:

1. Promote and realize standards and fundamental principles and rights at work.
2. Generate greater opportunities for women and men to secure decent
employment and income.
3. Improve the coverage and effectiveness of social protection for all.
4. Reinforce tripartism and mediate negotiation, consultation and exchange of
information between, the three stakeholders on issues of common interest.1

Where India is a founding member of International Labour Organization. Currently

there are 186 members and it is of a tripartite agreement. The members of ILO
ensures that each and every member country grows through its tripartite agreement.
Government with two social partners are associated at every level in the organization,
namely the workers and employers. These three groups are represented on all the
main and working organs in ILO and also share responsibility of is work. The three
organs of the ILO are:

• International Labour Conferences: - General Assembly of the ILO – Meets

every year in the month of June.
• Governing Body: - Executive Council of the ILO. Meets three times in a year
in the months of March, June and November.

1 http://childlineindia.org.in/International-Labour-Organisation.htm
 • International Labour Office: - Aa permanent secretariat.

• The work of the Conference and the Governing Body is supplemented by

Regional Conferences,aRegional Advisory Committees,aIndustrial and
Analogous Committees,aCommittee of Experts, Panels of Consultants, Special
Conference and meetings, etc. 2

HISTORY OF INDIAN LABOUR LEGISLATION

The history aof labour legislation of Indiaacan be directly linked with the history of
British expansionism. British political economy was viewed as characteristic vital in
demonstrating a portion of these early laws. At the beginning of the British
colonialism, there were difficulties faced and emerged a need of labour law as it was
very difficult to get adequate regular Indian workersato run British organizations.
aAnd there were high chances that labour laws will protect more of the British
Bosses. The result was the Factories Act. Also the Indian textile gave a tough
competition to the British and in order to make Indian labor costlier. Factories Act for
the first time was introduced in the year 1883 because of the pressure that the textile
business tycoons of Manchester and Lancashire gave on the British parliament. Thus
there was an acknowledgment of 8 hrs of work for labor, the elimination of child
labor, and the rheostat of employment of women at night, and idleness of overtime
wages for labor who work more than 8 hrs. a
Further India has very constructive attitude with respect to the International Labour
Standards. Theaprocedures and framework thatawas made to develop the legislative
and administrative processesaof which the main objective was in the interest of
labour. To that purpose the impact of ILO Resolutions as an everyday for reference
for each labor legislation and practices in Asian nation, instead of lawfully binding
norm, has been substantial.
Resolutionalegally binds the nation concerned whoahas ratified to the resolutions and,
while ratifying resolutions India always have taken care. In India a resolution is been
ratified when one is satisfied that the laws and the practicality of that laws are in line
with the resolutions of ILO. It is currently measured that a good act is to go further
with cutting-edge execution of the standards and dispensation for consideration of the
formal ratification at a latter stage when it becomes feasible. Total of 43 convections
and 1 protocol of ILO that has been ratified by India, and it hold a decent position
than the position in compare to other countries. Even if India does not ratify a
convention for some special reason but it generally vote in the favor of convection,
which would be certainly helpful if that ratification is concerned in the near future.

2 https://labour.gov.in/lcandilasdivision/india-ilo
The Role of International Labour Standards

The main role in setting up of the ILO is that of the fact that "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
in order to resolve the problem, there need to be set a mechanism of international
labour standards. The founders of ILO has recognized that in the economy i.e. global
it needs well-defined rules and regulations in order that the progress would be that, it
would go hand in hand, and there would be peace and prosperity for all.
The Declaration on Social Justice for a Fair Globalization was a landmark which
was adopted by the workers, employers and the governments which was designed in
that way, that it would probably strengthen the capacity to foster the Decent Work
Agenda and to tackle the ongoing situations that the globalization phase had
challenged. The aim of the Decent Work Agenda was the achievement of the decent
work by promotion of social dialogue, creation of employment and social protection
in respect with the labour standards.
The international standards has been growing through social and work policy in
which there is a supervisory system that is designed in such a way that it’ll address all
the problems through the application at the national level in a comprehensive manner.
This system is a legal part of the ILO’s tactics for the promotion of sustainable
development, eradication of poverty, governance of globalization, and also to ensure
that there should be safety and dignity for the people.
In order to achieve the objectives of ILO in terms of globalization that underlined the
Declaration on Social Justice for a Fair Globalization. Organization must “promote
the ILO’s standard-setting policy as a cornerstone of ILO activities by enhancing its
relevance to the world of work, and ensure the role of standards as a useful means of
achieving the constitutional objectives of the Organization”3.

3 https://www.ilo.org/global/standards/introduction-to-international-labour-standards/need-for-social-justice/lang--
en/index.htm
DECENT WORK

Decent work is the desire, hope of the people in the working condition i.e. the
working live. Decent work gives chance of work which gives a fair income and that
too productive, also it includes security of workmen at workplace and ensures social
protection of the families, also better conditions that would led to personal
development and social integration., freedom for people to express their concerns,
organize and participate in the decisions that affect their lives and equality of
opportunity and treatment for all women and men.4

DECENT WORK IN INDIA

The Decent Work Country Programme(DWCP) has objective aof “creating a more
decent future of work throughabetter quality of jobs, transitionato formal employment
and environment sustainability” with the ultimate goal to support India’s march
towards “Leave no one behindaand Reach the furthest behind first” aas is also
articulated in the 2030 Agenda.

The ILO constituents haveajointly identified three prioritiesaand nine outcomes in this
India DecentaWork Country Programme. Each outcome, also known as the result
area, demonstrates how ILO constituents, and other relevant partners, will contribute
to specific development changes in the world of work.

India, which is considered as a fast growing as well as an emerging economy, and is

at a critical stage in the development factor. India also is currently having major
population as youth in the entire world and over 90% is informal economy and also
faces industrialization. India also suffers from low paid jobs and also has poor
working conditions. Globalization, migration, climate change and rapid technological
developments affects the working conditions of the working class and also the Decent
Work Agenda. In order to fight against it, the DWCP has outlined a strategies that
would respond to both the current as well as the future working dimensions and will
ensure its objective i.e. ‘Decent Work for All’.
There are various states in India that covers various decent work challenges as
because they are developing. And these states are facing greater vulnerable workers.
Therefore, in these type of states, ILO programme needs to work as there has been
difficulty in the programme and also in the enactment of the international labour
standards as there is forced labour, child labour and unacceptable working conditions
in various states. India has a regional imbalances as well as has a slow rate in job
creation, and also has a limited skill opportunities as well as limited job opportunities
and because of such reasons it results in the deficit of decent work.

Therefore the policies are to be designed in such an innovative manner by

development of value chain and promotion of the sustainable enterprise. Also there is
a situation of urbanization which has issues such as low wages and wage disparities
has increased migration of rural-urban and also foreign migrations for employment.

4 https://www.ilo.org/global/topics/decent-work/lang--en/index.htm
The 2018-22 DWCP in India gives that there is an urgent for safety in working and
also informed migration but also need that there should not only be jobs but there
should a better quality of jobs. Also the facts shows that there has been decrease in the
labour force for women.

The DWCP has the overarching development objective of “creating a more decent
future of work through better quality of jobs, transition to formal employment and
environment sustainability” with the ultimate goal to support India’s march towards
“Leave no one behind and Reach the furthest behind first” as is also articulated in the
2030 Agenda. 5

In order to achieve of the outcomes ILO will collaborate with Ministries such as:
Ministries of External Affairs;, Rural Development; Skills & Entrepreneurship
Development, MSME’s; Statistics & Programme Implementations; Mines; New and
Renewable Energy; Social Justice & Empowerment; Home Affairs; Finance as well
as State governments, academic institutions, civil society and the private sector.

Ministry of Labour and Employment and ILOasocial partnersawill form a DWCP

Tripartite AdvisoryaCommittee to guide the implementation. Thisacommittee will
meet annually toareview progress, andadevelop an annual implementationaplan. It
will also discuss the challenges and risks during the implementationaphase and
suggest appropriate risk-mitigationameasures to ensure the programmeais effective.
Providing guidance andamobilizing resources are key activities of theacommittee. It
will leverageanational resources and CSR initiatives to support the implementation of
the specific outputs. The ILO Country Office of Indiaawill function as theasecretariat.

How International Labour Standards are used

Models and targets for labour law

International Labour standards is the primary tool which the government with workers
and employers that are seeking to make labour laws and social policy inaaccordance
with the internationally accepted standards. Countries goes through a period of
examining the convections andaif necessary revise their legislation and policies if
they wish to ratify. International Labour Standards serves asatarget for matching
national laws and theapractice in that particular field. While someanations does not
ratify convections but decide to bring their own legislation and theseacountries use
ILO standards for making such legislation. Still some ratify convections of ILO
quickly and the bring their local laws intoaline with ILOastandards.

Sources of international law applied at the national level

In various nations ratified international treaties, agreement applies itself at the

national level. The courts of that nation use these international labour standards in
order to make judgments on which the local laws are silent.

The role of employers' and workers' organizations

Employers and workers play an important role in theaapplication of labour standards:

they participate in choosingasubjects for new ILO standards and in drafting the texts;
their votes can determine whether or not the International Labour Conference adopts a
newly drafted standard. If a convention is adopted, employers and workers can
encourage a government to ratify it. As discussed later in this booklet, if the
convention is ratified, governments are required to periodically report to theaILO on
how they are applying it in law and practice. Government reports must also be
submitted to employers' and workers' organizations, which may comment on them.
Employers' and workers' organizations can also supply relevant information directly
to the ILO. They can initiate representations for violations of ILO conventions in
accordance with procedures under article 24 of the ILO Constitution. Employer and
worker delegates to the International Labour Conference can also file complaints
against member states under article 26 of the Constitution.
APPLICATION AND ENFORCEMENT OF INTERNATIONAL
LABOUR STANDARDS IN INDIA

The following Conventions/Recommendations of I.L.O. are important in recurring to

basic human rights.

1. (a) Freedom of association and protection of the right to organise

2. (b) Forced labour
3. (c) Equality of opportunity and treatment

Freedom of Association and Protection of the Right to Organise Convention

(No.87) 1948:

This convection saysathat the employers and workers haveathe right to make and join
the organizationsathat the are willing throughatheir own wish. The publicaauthorities
will interrupt if there wouldabe any restriction to form organization. Andaalso no
administrativeaauthority can dissolveasuch organization. This convectionaalso
provides protection against anti union. This convention has been ratified by Albania,
Argentina, Austria, Belgium, Brazil, Byelorussia, Cuba, Denmark, Dominican
Republic, Finland and France. Federal Republic of Germany and India have not
ratified this particular convention.

The Trade Union Act 1926, limits the total number of outsiders in the formation of a
trade union. Also in the federation of government servants there are restrictions on
outsiders that who cannot affiliate with any central federation of workers. Also the
government authorities can decline any trade union or association and could arrest the
union leader under Essential Service Act, the Preventive Detention Act, 1950.
Similarly the constitution which itself guarantees freedom in public good and public
interest and regulates such trade unions. These laws on union and association does not
match with requirements of convection.

4.3.3 Right to organise and collective bargaining convention (No.98) 1949

This convection says that a worker whether to join or not to join a union is his
freedom without any restriction. It also states that one has the right to negotiate,
organize between workers and employers with a view to change the terms and
condition of employment. In India there is no such scope as in India there is
compulsory adjudication which gives a little or no space for collective bargaining.
The Bombay Industrial Relations Act, 19476, the Madhya Pradesh Industrial
Relations Act, 1960, the Code of Discipline in Industry, 1958 make have made
attempts for promoting collective bargaining yet the idea of these measures is
followed by the sprit of compulsory adjudication. They are merely cover-up of
collective bargaining.
4.3.4 Abolition of Forced Labour Convention (convention 105, 1957)

According to Article 23 of the Indian constitution which states about prohibition of

forced labour i.e. it does not match which the constitution. While Art. 23(2) gives
power to the government for public purposes like natural calamity. India therefore
didn’t ratify the convection.

4.3.5 Convention and Recommendations concerning Equity of Opportunity and

Treatment

Equality in the matters of employmentaopportunities and treatment and inaparticular

prevention of any discriminationaon the grounds of sex, race, areligion or place of
birth, forms a goldenarace of social justice. Discriminationaon the ground of sex in
the matters of paymentaof wages to the women workersawas prevalent in almost all
parts of the world.

Convention No. 100 of 1951: Equal Remuneration for Men and Women Workers
for Work of Equal Value:

The International Labour Organisation adoptedathe much needed Convention No. 100
in its 34th session held ataGeneva on 6th June, 1951. The conventionacontains 14
Articles and is ratified by 161amember- countries. Equal remunerationato men and
women workers for workaof equal value, in fact, refers to ratesaof wagesadetermined
without any discrimination based on sex.7

Core Conventions of the ILO

The eight Core Conventions of the ILO (also called fundamental/ human
rights conventions) are:
• Forced Labor Convention (No. 29),
• Abolition of Forced Labor Convention (No.105),
• Equal Remuneration Convention (No.100), and Discrimination (Employment
Occupation) Convention (No.111) (The above four have been ratified by
India).
• Freedom of Association and Protection of Right to Organized Convention
(No.87)
• Right to Organize and Collective Bargaining Convention (No.98),
• Minimum Age Convention (No.138),Worst forms of Child Labor 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 categorized as the Fundamental Human
Rights Conventions oraCore Conventions byathe ILO. Later on, ConventionaNo.182
(Sl. No.8) was added to the list.

India on ratified conventions

India supports equality and also Art. 16 of the Indian Constitution gives equal
opportunitiesain publicaemployment. AlsoaArt. 39 states “The State shall, in
particular, direct its policy towards securing-……..(d) thatathere is equalapay for
equal work for both men and women;…”
India has attemptedaequality in workplace and has made laws for harassment of
women in workplace. Alsoathere are many provisions foraequal remuneration.

The Supreme Courtaof India in M/s. Mackinnon Mackenzie & Co. Ltd. v. Audrey
D’costa and another6substantiated on the principleathat equal remunerationahas to be
considered by the company andano discriminationacan exist on the basisaof gender.
Similarly, India hasaalso enacted strongly on conventionsaaccepted on bonded labor.

With respect toaconventions regardingabonded labor, various legislationaenactments

like Bonded Labor System Abolition Act of 1976aand rules have beenaadopted by
India.7 India hasaadopted five legislations, which directlyadeal with contract labor.It
was held by the Supreme Court in Neeraja Chaudhary v. State of M.P8, thatbonded
labor legislationadoes not only require abolition of theaactivity but also rehabilitation
of the bonded laborers, aand failure on state’s part to try rehabilitating them would be
a violation of Article 21 and Article 23 of IndianaConstitution. Similar decision was
also given in Public Union of civil Liberties v. State of Tamil Nadu and Ors.9, where
theaSupreme Court issued directions toaall states to make proper arrangements for
rehabilitation of bonded laborers. a
Therefore, it is clear that Indiaalawmakers and adjudicators are actingain accordance
with the ratifiedaconventions and areaimplementing them without fail.

6 AIR 1987 SC 1281
7 India Elimination of forced Labor, available at
http://www.ilo.org/dyn/natlex/natlex_browse.details?p_lang=en&p_country=IND&p_classification=03&p_origin=COUNT
RY&p_sortby=SORTBY_COUNTRY
8 AIR 1984 SC 1099
9 (2004) 12 SCC 381

Major impact of ILO on Labor legislations in India

With expansion of small plants, industries and factories inathe mid 19th Century,
employment opportunitiesawas increased, which ultimatelyaresulted in increase in
migration from rural to urban areas. At that time there was no/less control by the state,
employers didn’t listened to their workers, working hours were long, wages were
low, and also conditions were unsatisfactory. This led to labour legislation since 1881.
These labor legislations includes, Employment of children act- 1938, Workmen’s
CompensationaAct -1923, Mines Act 1923, MaternityaBenefit Act in 1939, Trade
DisputesaAct -1929, The Factories Act 1881, Payment ofaWages Act -1936, and
TradeaUnions Act-1926.

The Factories Act 1881

This act is the basis of allaindustrial and labor laws in India. Itacontained
requirements for working hours of womenaand workersawith the minimumaage of
children foraemployment. WhenaInternational Labor Organizationawas established in
1919, this Actawas amendedaand subsequently retracted, resultingain the declaration
of the FactoriesaAct 1934. It makes provisionafor health, safety, andahygienic
condition of theaworkers, special provision for womenaand young workers. It also
forbids child labor. Itaprovides limits of work for aachild in factories, including
aseasonal factories.

Mines Act 1923

This Act make provisions for laborsaworking in Indian mines. Theaworking hours for
labor employed onasurface were limitedafifty per week and ten per day. Accordingato
Mines Act periodsaof work shall not be more than 12 hours inaany day, this also
include rest period. Foraworkers who are employed underground, the dailyalimit for
them is nine hoursaper day. The Act does not coveraprovisions related to overtime
work. No worker can work more thanasix days in a week. The Act does notamake any
provision for wagesaduring the day of rest.

Trade Union Act and Payment of Wages Act

The Indian governmentaunder British set up an enquiry committeeain 1926 to

determine theashortcomings for anomaly of paymentaof wages to industrial labors. As
the result Trade union act of 1926 come up. The Royal Commissionaon Labor was
appointed in 1929, the commissionaconsidered the reports and suggestionsaof the
enquiry committee and recommended aor implementing preventionaof disorders
relating to paymentaof wages. The Payment of Wages Act 1936 wasapassed to
regulate the payment of wages to definite classes ofapeople employed in industry. The
object of theaAct obviously was toaoffer a low-priced and quick therapyafor
employees to whomathe Act applied and to recover wages dueato these employees.
For this purpose, aaspecial tribunal wasacreated, but dueato some integral
imperfections in the statute the repossessionaof judgmental wages remained difficult.

The Weekly Holidays Act of 1942

This act recommendsaone paid holiday in a week for peopleaworking in any

restaurant, shop, or theatreaexcluding position of management, aand confidential
positions. The government is authorized to award additionalapaid half-day holiday in
a week.

The Industrial Disputes Act, 1947

This act came into being on thea1st day of April 1947. The Act providedafor
establishment of industrialatribunals by the appropriate government inaBritish India.
It established a full-fledged industrialatribunal for adjudicationaof industrial disputes
for the first time a

The Industrial Employment (Standing Orders) Act, 1946

This act cameainto force for the first time toaemployers in industrial establishments
which are employingahundred or more workers. This act provides theaway to define the
terms and conditionsaof employment of worker in the form ofastanding orders. The
Merchant ShippingaAct, 1923 provided for an agreementabetween the master of the ship
and seamanaconcerning their termsaof service.
Conclusion

The labour legislation in India are made pre-independence. While the fundamental
rights given by the Indian Constitution provides safeguard to labour. Almost all the
preconstitutional laws were put down by the Doctrine of Eclipse and Severability.
ILO must be given the credit for making such laws and standards. ILO provided
guidelines helps in making labour laws. ILO has impacted by its convections on the
Indian Labour Laws. All the ratified convection creates a provision for the protection
as well as for the welfare of labour classes. The constructive effect of ILO is seen in
form of appreciation of many new kinds of rights that were previously not available
for the Indian labor class, but were made available after creation of ILO.

After studying the 8 basic convection of labour standards, it could be said that India is
not far away and is not avoiding from lower standards. The convections ratified are
been strictly followed by India. The standards has been prepared by looking upon the
conditions of various nations. And trying completely universal standards is not the
correct way of jurisprudence.