UNIT-5 International Dimensions to Industrial Relations

Objectives
After studying this chapter, you should be able to understand: 1. 2. 3. To make the student aware about the philosophy, structure and the working of ILO To provide them with the information regarding the impact that ILO has on the formulation of labour policies/laws in India. To expose them to International Labour standards and its implications on Indian business.

4.

To make the students aware of the Social Security Schemes and practices prevalent in some of the leading countries.

5.1 INTERNATIONAL LABOUR ORGANISATION The Peace Conference convened at the end of the World War I led to the creation of the International Labour Organisation in 1919. As an original signatory of the Treaty of Peace, India became a member of the organisation in 1919. Today, ILO is one of the specialized agencies of the United Nations Organisation (UNO). It has, however passed through critical periods in its long history. It faced difficulties following the world economic crisis during the period of the Great Depression. Then came the crisis of World War II, when its very existence was at stake. In June 1944, the ILO convened a conference at Philadelphia to consider the programmes and policies to be pursued after the War. The aims and purposes of the ILO were redefined in the form of a declaration the Declaration of Philadelphia. The Declaration is based on the following fundamental principles: (i) (ii) (iii) (iv) Labour is not a commodity. Freedom of expression and of association are essential for sustained progress. Poverty anywhere constitutes a danger to prosperity everywhere. The war against want requires to be carried on with unrelenting vigour by each nation, and by a continued and concerted international effort in which representatives of workers and employers, enjoying equal status with those of government, join in a free discussion, and democratic decisions are arrived at with a view to promote the welfare of the common man.

The main aims of the organisation are: (i) (ii) To remove the hardships and privations of the toiling masses all over the world and to ensure economic justice for them; To improve their living and working conditions, as a vital step towards the establishment of universal and lasting peace, based on social justice.

Structure The ILO is a tripartite organisation, consisting of representatives of the governments, employers and workers of member-countries in the ratio of 2:1:1. It has helped in the formation of the organisations of employers and of workers in different countries. The first national trade union organisation the 1

AITUC in our country was formed within one year of the setting up of the ILO, so that the representative of the Indian workers might attend the International Labour Conferences. The principal organs of the ILO are: (i) (ii) (iii) The International Labour conference; The Governing Body; and The International Labour Office.

International Labour Conference The conference is held once a year. Each member-country is represented by four delegates two representing the Government, one representing the employers, and one representing the workers. The main task of the Conference is to set up minimum international, social and labour norms/standards in the form of conventions or recommendations. A convention is binding on the member-state which ratifies it, while a recommendation is intended as a guideline. Member-states must place before their national Parliaments all conventions ratified by the Conference for acceptance or rejection within 18 months of their adoption. Governing Body The Governing Body is the chief executive body of the organisation and meets four times a year. This body is also tripartite in character, with a membership of 40 the representatives of governments are 20, and 10 each representing employers and workers. The Governing Body is responsible for effective programming of the work of the ILO. International Labour Office This office is responsible for the day-to-day activities of the oganisation and has branches in 9 countries, including India. The ILO has 3 Regional Advisory committees the Asian Advisory Committee, the African Advisory Committee and the Inter-American Advisory Committee. The International Institute of Labour studies was established in 1960 as a centre for advanced studies in the social and labour fields. The work of ILO may be divided into three parts: Legislative: Arising out of the conventions and recommendations adopted by the International Labour Conference. Operational: These activities pertain to technical assistance, including vocational training programmes, provided and undertaken by the ILO in various parts of the world. General: The work of industrial committees, regional conferences, other committees and commissions and the publications of the ILO.

CONVENTIONS AND RECOMMENDATIONS

One of the principal functions of the International Labour Organisation is to secure international minimum social and labour standards. These standards are embodied in resolutions in the form of

Conventions and Recommendations, adopted by the International Labour Conference by at least 2/3rds of the delegates present at the conference and voting. The conference decides whether
these resolutions will take the form of a Convention or a Recommendation. Thus, Conventions or Recommendations are instruments for creating and establishing international minimum social and labour standards. Organisation

Conventions
There is a basic difference in the nature of obligations created by Convention and Recommendations. A Convention imposes certain obligations. The member state is of an obligation under the Constitution ILO to bring, within a period of one year at the most, or within 18 months in exceptional cases, from the closing of the session of the conference, a Convention before the authority, within whose competence the matter lies, for ratification. If so ratified, the Convention acquires a binding character on the Member State, although a Member is free to ratify or not to ratify a Convention, once it has been ratified by the appropriate authority of the Member State concerned. It becomes obligatory on the part of the Member State to implement the Convention by legislative or other appropriate measures and to communicate the formal ratification to the Director General. Further, after ratification, a Member State has to implement the Convention in toto, without varying the provisions of the Convention in any respect, except when and where the Convention itself makes provisions for variations. In case a Member State does not ratify a Convention, it is under the obligation to report periodically, the position of law and practice in regard to the matters dealt within the Convention, indicating the difficulties that prevent or delay the ratification of such a Convention. However, a Convention, even if ratified by a Member State, does not automatically become binding unless it has secured a minimum number of ratifications. The number of ratifications required to bring a Convention into force is fixed in each case by the terms of the Convention; any two ratifications being sufficient in the great majority of cases.

Recommendations
A Recommendation, on the other hand, is not an obligation creating instrument. It is intended to serve as a guide to the Member States in respect of the minimum labour standards, concerning the subject matter of the Recommendation. A Member State, of course, has to bring the Recommendation to the notice of the appropriate authority within one year at the most or 18 months under exceptional conditions, after the closing of the session of conference. Apart from bringing the Recommendation before the competent authority, no further obligation rests upon the Member States except that they have to report as and when requested by the Governing Body, showing the extent to which effect has been given or is proposed to be given to the provisions of the Recommendation. Thus, a Member State is free to modify the provisions of the Recommendation for the purpose of legislation or implementation, which is not the case with a Convention.
5.2 MAJOR ACTIVITIES OF ILO

The ILO has made relentless efforts to achieve the objectives set forth in the Constitution. The major activities of ILO relate to: improvement of work and life conditions, development of human resources and social institutions, and research and planning. The principal aim behind the improvement of conditions of work and life is "to promote national, regional and international action designed to adjust these conditions to the requirements of social progress at all stages of economic development, bearing in mind the interdependence of social progress and economic growth. Five programmes in the field of human resources are intended "to determine principles and policies which should govern the development and utilisation of human resources, and to encourage their application through technical programmes in the fields of employment policy and employment promotion, vocational guidance and training, basic and advanced management training, manpower planning and organisation, and classification of occupations. The main purpose behind the development of social institutions is "to identify and advance solutions to the problems connected with the framing and implementation of policies of economic and social development, such as the role of workers and employers' organisations, co-operatives, rural organisations, and different forms of enterprise, and the improvement of labour relations at various levels undertaking, industry, regional and national.', Creation of International Standards of labour An important activity of ILO is the creation of international standards of labour on various labour and social matters. This is done primarily by the adoption of Conventions and Recommendations, the features of which, have already been explained earlier in the chapter. These Conventions and Recommendations have covered a wide veriety of areas such as basic human rights, employment, conditions of work, industrial relations, social security, employment of children and women, labour administration, social policy and matters affecting special categories of workers. The details relating to them have been discussed under a separate section later in the chapter. These Conventions and Recommendations have contributed much towards the establishment of uniformity in labour standards on a global basis and have influenced labour legislation and collective bargaining in member countries. Employment Promotion Keeping in view the mandate under the Philadelphia Declaration, ILO assists countries in the pursuit of higher levels of productive employment. The efforts of ILO in this regard comprise: exploring the short and long-term employment effects of alternative development strategies; aiding the functioning of labour markets through appropriate policies and measures; addressing the employment, income and organisational requirements of unprotected and unorganised labour who form the majority of workforce in the developing countries; assisting in managing the transition from State-run to marketoriented economies; responding to the increased migratory pressure resulting from demographic changes, structural adjustment and imbalances in world development; encouraging productivity in formal and informal sectors; and protecting especially vulnerable groups and the elimination of discrimination against specific groups. Collection and Distribution of Information and Publication

ILO has been a world repository of information on labour and social questions and a publishing house. The ILO collects information on a global basis, on a wide variety of social and labour subjects and ! makes them available to the member countries. Statistics collected by

ILO are universally regarded as an authoritative source of statistical information. Research

accompanies and reinforces the activities relating to collection of information. The ILO operates the International Labour Information Service on social and labour questions which is drawn extensively on its rich library containing more than two lakh titles. The library of ILO publishes LABORDOC, a database of major literature on ILO interests, and provides information, documents, and so on to ILOs staff and a vast range of lLO related institutions, using a variety of modern information technologies. The ILO brings out a number of authentic publications on major international labour and social issues, standard reference works, technical guides on specialised topics, codes of practice on occupational safety and health, workers' education materials, and text-books on management. The periodical publications of the organisation include: (i) International Labour Review (quarterly journal); (ii) Official Bulletin; (iii) Labour Law Documents; (iv) Conditions of Work Digest; (v) Labour Education; (vi) Year Book of Labour Statistics and Bulletin of Labour Statistics; (vii) International Labour Documentation; and (viii) World of Work, Magazine of ILO. The Encyclopaedia of Ocupational Health and Safety., International Labour Conventions and Recommendations and Modular Programme for Supervisory Development, are a few notable among numerous titles published by ILO. Research and Studies None the less researches and studies relating to specific labour and social issues have been completed under the auspices of ILO and their results published. Some of the more notable areas covered have been industrial relations, social security, working conditions, industrial safety and health and manpower development. In this field, the role of the International Institute of Labour Studies founded in 1960 and functioning under the auspices of lLO has increasingly become prominent. The Institute aims at raising awareness of labour-related problems and of methods appropriate for their solution. The core theme of the Institute's work is to examine the possible contribution of labour institutions to economic development and social progress. Labour or social institutions include: "formal organisations such as trade unions and employers' organisations, as well as the rules governing their interactions, including industrial relations systems, their regulations and laws, and the informal social mechanisms regulating labour markets.

Training
The ILO has attributed great importance to training. The Human Resources Development Convention (No.142),1975 requires the ratifying country to adopt and develop policies and programmes in collaboration with employers' and workers' organisations, and to assist all persons on an equal footing to develop and utilise their vocational proficiency in their own interest and according to their aspirations. The Recommendation (No. 150) adopted the same year gives details of the principles of training. It deals with vocational guidance and training as well as training in management functions and self-employment, and programmes intended for specific regions and specific categories of target groups. The training activities of ILO are essentially based on the guidelines contained in the Recommendation. . The principal role of ILO in the field of training is that of an adviser. It makes available to the governments, social partners and public and private trainers, the services of its experts, training

designs and aids in a variety of training programmes such as vocational training, apprenticeship training, and those for the unemployed, women and special target groups. The ILO has also established the International Training Centre at Turin in Italy. The Centre is committed to the development of human resources based on the principle that "such an investment in human capacity is the most efficient means of social advancement and assuring the future of developing countries or those in transition." The subjects determined jointly by ILO and the Centre include: management training, workers' education, industrial relations, programmes for women, health and safety, social security, and so on. "Within the United Nations system, the Turin Centre is now recognised as an effective means of improving the co-ordination between the different actors involved in technical co-operation." 5.3 Improvement of Working Conditions and Working Environment For improving working conditions and environment ILO adopts in a co-ordinated manner various means of action including international standards of labour, studies and research, collection and diffusing of information and technical co-operation. An appreciable number of Conventions and Recommendations aim at achieving the objective. These have been discussed in some detail later in the chapter. Apart from persuading the member countries to apply these standards, ILO makes available consultancy services to countries making request, and develops training activities to facilitate the actions of all involved.

Development of Social Institutions

The ILOs programmes in this sphere relate to: development of workers' and employers' organisations, improvement in labour legislation and industrial relations, workers' education, labour administration, co-operatives and rural institutions. The International Training Centre also organises special courses for members of workers organisations from different parts of the world. The ILO assists countries in formulating and developing their labour policies and labour administration and to improve labour inspection and employment services. The role of ILO in this regard has been discussed in some detail in chapter 31. It also meets requests from the governments for advice or technical assistance in drafting labour laws, undertaking their reviews and adapting laws consistent with its established principles. The ILO supports and promotes co-operatives as a means of relieving poverty, creating employment and generating income. In its programme relating to co-operatives, it encourages voluntary membership, autonomous decision-making, democratic control, and equitable distribution of benefits and risks. The organisation collaborates with national co-operative movements, nongovernmental organisations, governments, and organisations of employers and workers in formulating and promoting these objectives. It provides advisory and information services in regard to legislation concerning co-operatives and human resource development, and extends technical cooperation. During more recent years, the development of rural institutions has received special attention of ILO. Many activities of the organisation such as establishment of international standards of labour, employment promotion, training and technical cooperation have given particular attention to the development of rural institutions and informal sectors. 6

Other Activities Some other activities of ILO relate to such areas as: promotion of universal respect for the observance of human rights and rights at work; undertaking regional programmes; establishment of Industrial Committees; undertaking special programmes for specially handicapped groups of workers such as children, women, migrants and disabled; and establishing collaboration with other international organisations having a bearing on its policies and programmes. As on March 31, 2002, ILO had adopted 185 Conventions and 193 Recommendations. The details of the Conventions and Recommendations have been discussed below under suitable heads. 1. Conditions of work, including hours of work, weekly rest, holidays with pay and wages; 2. Employment of children and young persons; 3. Employment of women; 4. Industrial health, safety and welfare; 5. Social security; 6. Industrial relations; 7. Employment and unemployment; and 8. Other special categories. 5.4 CONDITIONS OF WORK The International Labour Organisation has devoted continued attention to the working conditions of the labour at work places including hours of work, weekly rest, holidays with pay, principles and methods of wage regulation, and labour administration and inspection. A large number of Conventions and Recommendations covering these work conditions have been adopted by the International Labour Conference. Hours of Work
"(a)

Industry: The Hours of Work (Industry) Convention (No.1) adopted in the first session of the International Labour Conference in 1919 relates to hours of work in the industry. The Convention limits the hours of work in industrial undertakings to 8 in the day and 48 in the week. It provides certain exceptions in respect of persons holding positions of supervision or management, and those employed in confidential capacity. The working hours may be exceeded in certain cases (for example in case of accident or in case of urgent work to be done to machinery or plant or in continuous processes, subject to certain conditions). The Convention contains special provisions for countries where the 48 hours work might be inapplicable. India ratified the Convention in 1921, on getting a special relaxation. (b) Mines: The, Hours of Work (Coal Mines) Convention (No.31),193 1, subsequently revised by Hours of Work (Coal Mines) (Revised) Convention (No.64), 1935, regulates hours of work in coal mines. The time spent in the mine by the workers employed in underground and hard coal mines is not to exceed 7 and 3/4 hours in a day. However, in case of underground lignite mines the time spent in the mine may be prolonged under certain conditions by a collective break of not more than 30 minutes. Hours of work in open hard or lignite mines are not to exceed 8 in the day or 48 in the week. 7

(c) Road transport: The Hours of Work and Rest Periods (Road Transport) Convention (No.67),1939, prescribes the hours of work of professional drivers of road transport vehicles to 8 in a day and 48 in a week. Time spent in work done during running time of the vehicle, time spent in subsidiary work, periods of mere attendance and breaks of rest and interruptions of work are to be included in calculating hours of work. The Hours of Work and Rest Periods (Road Transport) Convention (No.lS3) with improved standards was adopted in 1979. Night Work (Road Transport) (Recommendation) (N0.64), Methods of Regulating Hours (Road Transport) Rec.(No.65), and Rest Periods (Private Chauffeurs) Rec.(No.66), all adopted in 1939, deal with night work, methods of regulating hours of work, and rest periods, respectively of private chauffeurs. (d) Commerce and offices: The Hours of Work (Commerce and Offices) Convention (No.30), 1930, prescribes the maximum of 8 hours in a day and 48 in a week for workers employed in commercial and trading establishments, administrative offices and mixed commercial and industrial establishments. It provides certain exceptions on prescribed conditions. The spreadover, however, is not to exceed 10 hours in any day. The Hours of Work (Theatres, etc.) Rec.(No.37),1930,Hours of Work (Hotels, etc.) Rec.(No.38), 1930 and Hours of Work (Hospital, etc.) Rec.(No.39),1930 also concern with limiting the hours of work. (e) Other establishments: Separate Conventions and Recommendations regulate hours of work in public works (Con.51), sheet glass works (Con.43), glass bottle works (Con.49), fishing industry and inland navigation (Recs. 7 ,8). Conventions prescribing 40 hours a week were adopted in 1935. The principle of 40 hours a week was embodied in these Conventions mainly as a result of the existence of widespread unemployment at that time and it was considered desirable to reduce hours of work in all forms of employment so that workers might be enabled to share the benefit of rapid technical progress.

Weekly Rest
The Weekly Rest (Industry) Convention (No.14),1921, provides that "the entire personnel employed in any industrial undertaking is to enjoy in every period of seven days, a period of rest amounting to at least 24 consecutive hours." India ratified the Convention on May 11,1923. The Hours of work (Coal Mines) Convention (Revised) (No.46),1935 prohibits the employment of miners on underground work in coal mines on Sundays and legal public holidays. An article of Hours of Work and Rest Periods (Road Transport) Con.(No.67),1939 provides weekly rest of at least I 30 consecutive hours for road transport travelling staff.

Holidays with Pay

The Holidays with Pay Convention (No.52), 1936 fixes the length of holidays at not less than 6 working days after a year's service, and for persons under 16, the annual holidays are not to be less than 12 working days. Public and customary holidays and interruptions of work due to sickness are not to be included in the annual holidays with pay. The Convention applies to industrial and commercial establishments including newspaper undertakings, establishments for the treatment and care of the sick, infirm, destitute or mentally unfit; hotels, restaurants, boarding houses, clubs, cafes and other refreshment houses; theatres and places of public amusements; and 'mixed commercial and 8

industrial establishments. The Convention was revised by the Holidays with Pay (Revised) Con. (No.132),1970. The Holidays with Pay (Agriculture) Con.(No.l0l),1952 lays down the principle of granting holidays with pay to agricultural workers but the authorities of each country are free to decide the length of the holidays and other particulars. Another Convention, namely, Annual Leave with Pay for Seafarers Con. (No. 146) was adopted in 1976. The Holidays with Pay Rec.(No.47), 1936, Holidays with Pay (Agriculture) Rec.(No.93),1952 and Holidays with Pay Rec. (No.98) 1954 also concern with holidays with pay. Recommendation No.47 defines certain points covered under the Holidays with Pay Convention (No.52),1936. Recommendation No.93 lays down that, the minimum length of the holidays with pay should be one working week for adults and two working weeks for persons under sixteen after a period of one Year's, continuous service. Recommendation No.98, which applies to all employed persons except seafarers, agricultural workers or persons in family undertakings, prescribes minimum annual holidays with pay of two normal working weeks after one year's employment with the same employer. 5.5 SOCIAL SECURITY The International Labour Conference has given serious attention to the problems of social security against various risks to which workers are exposed. A number of Conventions and Recommendations deal with workmen's compensation, sickness insurance, invalidity, old age and survivors' insurance, unemployment provisions, maternity protection and general aspects of social security. A brief description of the Conventions and Recommendations dealing with social security is given under suitable sub-heads below

Workmen's Compensation
Conventions dealing with workmens compensation are: Workmen's Compensation (Accidents) Convention (No.17),1925, Workmen's Compenstion (Occupational Diseases) Con.(No.18).1925, Equality of Treatment (Accident Compensation) Con.(No.19),1925, Workmen's Compensation (Occupational Diseases) (Revised) Con.(No.42),1934 and Employment Injury Benefits Con. (No.121),1964. The Recommendations adopted in this field include: Workmen's Compensation (Minimum Scale) (No.22), Workmen's Compensation (Jurisdiction) (No.23), Workmen's Compensation (Occupational Diseases) (No.24), and Equality of Treatment (Accident Compensation) (No.25), all adopted in 1925, and Employment Injury Benefits Rec. (No. 121), 1964. Convention No.17 provides that workmen should receive compensation for personal injury caused due to industrial accident. Compensation for death or permanent disablement should be in the form of periodical payments and injured workmen should be entitled to receive necessary medical aid. Recommendation No. 22 suggests certain scales of compensation. Convention No.18, subsequently revised by Con. No.42, provides for the payment of compensation to workmen incapacitated by certain occupational diseases. In the event of death resulting from such occupational diseases, compensation should be paid to the dependants of the deceased workmen. The Convention also lays down that the rates of compensation should not be less than those prescribed by national enactments for injury resulting from industrial accidents. Convention No.19 deals with equality of treatment in matters of compensation. Conventions Nos.18 and 19 have been ratified by India. Sickness Insurance 9

The Sickness Insurance (Industry) Convention (No.24), and Sickness Insurance (Agriculture) Con. (No.25), both adopted in 1927, deal with sickness insurance of workers employed respectively in industry and agriculture. Both the Conventions recommend the establishment of a system of compulsory sickness insurance and provide for the payment of cash benefit for at least the first 26 weeks of incapacity to insured persons who are unable to work owing to sickness. Insured persons should also be made entitled to receive free medical aid from the commencement of illness until the expiry of the benefit period. The expenses of the scheme are to be met both by the employers and workers. The Medical Care and Sickness Benefits Convention (No. 130), supplemented by Rec. (No.134),1969, provides for higher standards medical care and sickness benefits. Invalidity, Old Age and Survivors' Insurance In 1933, the International Labour Conference adopted a series of Conventions dealing with the minimum conditions that ought to be complied with by every scheme of compulsory invalidity, old age and survivors' insurance. These are: Old Age Insurance (Industry) Con.(No. 5), Old-Age Insurance (Agriculture) Con.(No.36), Invalidity Insurance (Industry, and others) Con.(No.38), Invalidity Insurance (Agriculture) Con.(No.38), Survivors' Insurance (Industry, and others) Con. (No.39) and Survivors' Insurance (Agriculture) Con.(No.40). All the Conventions provide that the right to pension may be conditional upon successful completion of a qualifying period which may also involve\;'e payment of a minimum number of contributions. The expenses of the schemes are to be met by insured workers, employers and public authorities. The Invalidity, Old-Age and Survivors' Insurance Rec.(No.43),1933 lays down the details of the scheme. Conventions Nos.35--40 were subsequently revised by the Invalidity, Old-Age and Survivors' Benefits Con.(No.128), 1967. Recommendation No.13! of the same name was also adopted the same year.

Unemployment Provision
The Unemployment Provisions Convention (No.44),1934 deals with unemployment insurance, the scheme of which may be compulsory, voluntary or a combination of both. The scheme, as laid down in the Convention, provides for the payment of unemployment benefit on the satisfaction of certain conditions, if necessary. The duration of benefit may be limited to a period which is not normally to be less than 156 working days per year. The Unemployment Provisions Rec.(No.47),1934 deals with the scheme of unemployment insurance. Employment Promotion and Protection against Unemployment Con.(No.168) and Rec.(No.176) were adopted in 1988. Broader Forms of Social Security Of late, the International Labour Conference has devoted attention to the broader forms of socia! security and has adopted a few Conventions and Recommendations for developing an integrated programme of social security in the Member States. The Social Security (Minimum Standards) Convention (No.102),1952, deals with nine different branches of social security including medical care, sickness benefit, unemployment benefit, old age benefit, employment injury benefit, family benefit, maternity benefit, invalidity benefit and survivors' benefit. The Convention prescribes minimum standards for each of the above mentioned branches of social security in relation to the range of persons protected, conditions of the right to receive the benefit, and the rate and duration of

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benefits. The ratifying countries are authorized to maintain at least three out of the nine branches of social security. The Income Security Recommendation (No.67) and the Medical Care Rec.(No.69) both adopted in 1944, deal with income security and medical care, respectively. Recommendation No.67 suggests the establishment of an organisation for income security consisting of a unified social insurance system. Such an organisation should function in cooperation with medical and unemployment services and should also be supplemented by a system of social assistance. Recommendation No.69 deals with various methods of organising a comprehensive system of medical care which is ultimately to cover the entire population. The Equality of Treatment (Social Security)Con. (No.118),1962 deals with equality of treatment in extending social security benefits. The Maintenance of Social Security Right Con.(No.157),1982 deals with social security rights.

Check Your Progress 1 Fill in the Blanks:

1. The International _________ Conference has given serious attention to the problems of social security against various risks to which workers are exposed 2. The ________ assists countries in formulating and developing their labour policies and labour administration and to improve labour inspection and employment services 3. The ILO supports and promotes co-operatives as a means of relieving ________, creating employment and generating income.

5.6 INDUSTRIAL RELATIONS From its inception, ILO has given attention to the question of freedom of association and harmonious industrial relations. It has conducted a number of studies covering the problems of freedom of association, collective bargaining, conciliation and arbitration and methods of labour management cooperation. Besides, a few Conventions and Recommendations have also been adopted on these subjects. The relevant Conventions are: Right of Association (Agriculture) (No.11),1921, Freedom of Association and Protection of the Right to Organise (No.87),1948, Right to Organize and Collective Bargaining (No.98),1949, Collective Bargaining (No.154),1981, Rural Workers' Organisations (No.141),1975 and Tripartite Consultations (International Labour Standards) (No.144),1975. The Recommendations include: Collective Agreements (No.91),1951, Voluntary Conciliation and Arbitration (No.92),1951, Collective Bargaining (No.163),1981, Consultation (Industrial and National Levels) (No.I13),1960, and Co-operation at the Level of the Undertaking (No.94),1952. Convention No.11, which has been ratified by India, deals with the right of association of agricultural workers and requires the ratifying countries to secure to all agricultural workers, the same right of association and combination, as available to industrial workers. Convention No.87 lays down that workers and employers shall have the right to establish and to join organisations of their own choosing without any previous authorisation. The organisations are to be left free to frame their constitutions and rules, to form a scheme of administration and to formulate their programmes and the public authorities are required to refrain from making any interference. It also affirms their right to establish joint confederation and to affiliate with international organisations.

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Convention No.98 deals with the principles of right to organise and bargain collectively. It provides that workers should enjoy adequate protection against acts of anti-union discrimination with respect to their employment and recommends the adoption of measures to encourage and promote voluntary negotiations between employers and workers' organisations for regulating terms and conditions of employment by means of collective agreements. Recommendation Nos.91 and 92 deal with the creation of a machinery for negotiating, conducting, revising and renewing collective agreements, and provide for the establishment of machinery to help in voluntary conciliation of industrial disputes. Recommendation No. 94 relates to consultation and cooperation between employers and workers at the level of the undertaking, primarily on matters of mutual interests which are not otherwise covered under collective bargaining or dealt with the machinery created for the determination of terms and conditions of employment. Other Conventions and Recommendations dealing with the subject include: Labour Relations (Public Service) Con.(No.151) and Rec.(No.159),1978 and Examination of Grievances Rec. (No.130),1967. 5.7 EMPLOYMENT AND UNEMPLOYMENT A number of Conventions and Recommendations deal with problems of assuring suitable employment to workers. These primarily concern with employment offices, recruitment of certain types of labour under equitable conditions and reduction of unemployment. Employment Offices The employment Convention (No. 2),1919, the ratification of which has now been denounced by India, provides for the establishment of a system of free public employment agencies, as one of the measures against unemployment. The Employment Service Con.(No.88),1948 deals with the maintenance of free public employment service consisting of a national system of local and regional employment offices under the direction of a national authority. The Fee-charging Employment Agencies Con.(No.34), 1933, subsequently revised by Fee-charging Employment Agencies (Revised) Con.(No.96),1949, provides for the abolition of fee-charging employment agencies which are conducted for profit, and for proper supervision of those not conducted for profit, Convention No.88 has been ratified by India. The Employment Service Rec.(No.72),1944 and the Employment Service Rec.(No.83),1948 deal with the functions of employment service in the transition period from war to peace, and the maintenance of a free public employment service, respectively. Forced labour The Forced Labour Convention (No.29),1930, which has been ratified by India, provides for the abolition of forced labour in all its forms. However, so long as forced or compulsory labour is not abolished, it is the duty of the relevant countries to prevent its use for private profit, to use it only during the period of essential necessity and to provide for the protection and welfare of any worker so employed. The Forced Labour (Indirect Compulsion) Rec.(No.35),1930 and Forced Labour (Regulation) Rec.(No.36), 1930 supplement the provisions of the Convention.

Public Works Policy

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The Unemployment Recommendation (No. l),1919, the Public Works (National Planning) Recs. (No.51),1937 and (No.73),1944 deal with the problems of public works policy adopted as a measure for the creation of employment opportunities. Recommendation No.1 suggests co-ordination in the execution of all work undertaken under a public authority with the purpose of reserving such work for periods of unemployment and for areas mostly affected by it. Recommendation No.51 mainly recommends the adoption of appropriate measures, to achieve a suitable timing of all works undertaken or financed by public authorities including an increase in the volume of such works during depression. Recommendation No.73 deals with the public works policy during transition from war to peace. Other Conventions and Recommendations dealing with employment and unemployment include: Employment Policy (Supplementary Provisions) Rec. (No. 169), 1984, Private Employment Agencies Con.(No.181) and Rec.(No.188), 1997, Human Resources Development Con.(No.142) and Rec.(No.150), 1975, Vocational Rehabilitation and Employment (Disabled Persons) Con.(No.159) and Rec.(No.168), 1983, and Termination of Employment Con.(No.158) and Rec.(No.166),1982.

OTHER SPECIAL CATEGORIES

The ILO has given special attention to the employment conditions of seamen. A number of Conventions and Recommendations deal exclusively with various aspects of the working conditions of seamen. These relate to hours of work, wages, facilities for finding employment, seamen's articles, employment of young persons, officers' competency certificates, annual holidays with pay, sickness and unemployment insurance, ship-owners' liability, repatriation of seamen and social security. Similarly, a few Conventions and Recommendations deal with fishermen, workers in inland navigation, dock-workers, nursing personnel, employees of hotels and restaurants, indigenous and tribal people, migrant workers and older workers.

INFLUENCE ON INDIAN LABOUR LEGISLATION

A study content by content of many of the Conventions and Recommendations described above and those of the specific pieces of labour enactments dealt in the preceding few chapters will reveal similarities in quite a number of specific provisions. So far, India has ratified 39 out of 185 Conventions adopted by ILO. The ratification of the Conventions has put the nation under the obligation of implementing their provisions through their incorporation in labour laws and collective agreements or in other effective ways. In India, the provisions of most of the ratified Conventions have been given effect to mainly through their incorporation in labour laws, a reference of which has been made in the relevant sections of particular labour enactments in the preceding chapters. Labour laws in the country have also been influenced extensively by the provisions of even unratified Conventions and a number of Recommendations. The assistance of ILOs experts in the drafting of certain labour enactments, technical assistance, and studies, reports and publications of the organisation have also been influencing factors. It may be noted here that, of the Conventions not ratified by India, some have been denounced, some do not concern India and some relate to seamen whose ratification depends on the arrangements established in other countries. In this section, an effort has been made to bring to the fore, the main areas of the influence of ILOs Conventions and Recommendations, on the Indian labour legislation under suitable heads.

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CONDITIONS OF WORK Hours of Work

The Hours of Work (Industry) Convention, 1919 adopted in the first session of the International Labour Conference limits the hours of work in industrial undertakings to 8 in the day and 48 in the week. It provides certain exceptions in respect of persons holding supervisory or managerial positions and those employed in confidential capacity. The limits of hours of work may be exceeded in certain cases, for instance, in the events of accident, urgent work, in continuous processes, and so on. It contains special provisions for countries where the 48-hours work might be inapplicable. India ratified the Convention in 1921 on getting a special relaxation. The existing labour laws incorporating the provisions of the Convention include: Factories Act, 1948, Mines Act, 1952, Beedi and Cigar Workers (Conditions of Employment) Act, 1966, and Plantation Labour Act, 1951. Similar Conventions like Hours of Work and Rest Periods (Road Transport) (No.67),1939, and (No.153),1979, and Night Work (Road Transport) Rec.(No.63), 1939 have been adopted in respect of road transport. Although India has not ratified them, many of their provisions have been incorporated in the Motor Transport Workers Act, 1961. Conventions concerning hours of work such as No. 30,130, and Recommendations Nos.37 and 38, applicable to commerce and offices, have also influenced the provisions of Shops and Establishments Acts in the country. Weekly Rest The Weekly Rest (Industry) Convention (No. 14),1921 was ratified by India in 1923. The Convention provides that the entire personnel employed in any industrial undertaking is to enjoy in every period of 7 days, a period of rest amounting to at least 24 consecutive hours. Most of the protective labour laws in the country such as Factories Act, 1948, Mines Act, 1952, Plantation Labour Act, 1951, Beedi and Cigar Workers (Conditions of Employment) Act, 1966, Child Labour (Prohibition and Regulation) Act, 1986, Motor Transport Workers' Act, 1961, Contract Labour (Regulation and Abolition) Act, 1970 and even, Shops and Establishments Acts contain provisions under this or similar other Conventions. Holidays with Pay India has not ratified ILOs Holidays with Pay Conventions as the standards laid down under the

protective labour laws in the country have been higher than those prescribed under the Conventions.
Protection of Wages The Protection of Wages Convention (No.95), 1949 provides that wages payable in money must be paid regularly in legal tender and deductions may be permitted only under conditions and to the extent prescribed by national enactments, collective agreements or arbitration awards. Protection of Wages Recommendation (No.85) adopted the same year, contains detailed rules relating to deductions from wages, fixation of wage periods, and so forth. Although India has not ratified the Convention, its provisions have been contained in the Payment of Wages Act, 1936, Minimum Wages Act, 1948, Shops and Establishments Acts, Beedi and Cigar Workers (Conditions of 14

Employment) Act, 1966 and a few other protective labour laws. Minimum Wages The Minimum Wage Fixing Machinery Convention (No.26),1928, (No.131), 1970 and Recommendation (No.30),1928, deal with the provision of wage-fixing machinery and consultation with employers and workers in minimum wage fixation. India has ratified Convention (No.26),1928 and incorporated its provisions in the Minimum Wages Act, 1948. The Minimum Wage Fixing Machinery (Agriculture) Con.(No.99) and Rec.(No.89) have also influenced the contents of the Minimum Wages Act, 1948. Labour Administration India has ratified the Labour Inspection Convention (No.81), 1947. The existing protective labour laws, such as those relating to factories, mines, plantations, shops and establishments, motor transport, beedi and cigar establishments, payment of wages, minimum wages, child labour, maternity benefit and others contain the provisions of the Convention. Conventions not ratified by India such as (No. 129),1969 and (No.150),1978 and Recommendations (Nos.20,80 and 81) have also influenced legislative clauses relating to labour administration and inspection. 5.8 HEALTH, SAFETY, AND WELFARE India has ratified Marking of Weight (Packages Transported by Vessels) Convention (No.27),1929, Radiation Protection Con.(No.115),1960 and Benzene Con.(No.136),1971. The provisions of Con.No.27 have been incorporated in the Marking of Heavy Packages Act, 1951, and those of Con.Nos.115 and 136, in safety provisions of Factories Act, 1948 and laws dealing with pollution. The provisions of the Protection against Accidents (Dockers) Con.(No.32),1934, which has also been ratified by India have been covered by the Indian Dock Labourers Act, 1934. Existing safety and health provisions of labour laws relating to factories, mines, docks, and others also contain many provisions of a few other Conventions and Recommendations. Some of these are, Prevention of Industrial Accidents Rec.(No.31),1929, Power-driven Machinery Rec. (No.32),1929, Labour Inspection Rec. (No.20), 1923, Guarding of Machinery Con.(No.119),1963, Occupational Safety and Health Con.(No.155),1981 and Industrial Accidents Con. (No.174),1993. A few protective labour laws, also contain certain provisions of Welfare Facilities Rec.(No.1O2),1956 and Workers' Housing Rec. (No.115),1961.

SOCIAL SECURITY
The Conventions relating to social security ratified by India are: Workmen's Compensation (Occupational Diseases) Con.(No.18),1925, and Con.(No.42),1934, Equality of Treatment (Accident Compensation) Con.(No.19), 1925 and Equality of Treatment (Social Security) Con.(No.111), 1962. The provisions of Conventions Nos. 18 and 19 have been incorporated in the Workmen's Compensation Act, 1923 and Employees' State Insurance Act, 1948. The social security laws in the country, for instance, Workmen's Compensation Act, 1923, Employees' State Insurance Act, 1948, Employees' Provident Funds and Miscellaneous Provisions Act. 1952 and the Payment of Gratuity Act, 1972 embody the provisions of Con.(No. 111) of 1962. These laws do not make any 15

discrimination between nationals and foreigners relating to entitlement to social security benefits.

Countries with Higher Labour Standards Countries having standards of labour higher than those envisaged under International Labour Conventions, experience a special problem of ratification. In such countries, acceptance of Conventions prescribing standards lower than the existing ones may involve considerable political effort, as there is obviously little interest in the subject. Besides, it is feared that the approval given to lower minimum standards will impair the authority of the higher national standard. In cases where ratification of a Convention necessitates a change in the law of the land, legal difficulties are also encountered. Although the ratification of an International Labour Convention does not imply undermining of the higher national standards, many countries have experienced the above-mentioned difficulties in accordance with formal ratification to many of the Conventions. Attempts have, however, been made to remove these difficulties by providing "no prejudice" clause in the Conventions and other measures. Neverthless, the number of ratifications of the Conventions in many countries (with a few exceptions) having comparatively higher labour standards, still continues to be small. Countries Having a Federal Set-up The application of Conventions by countries having a federal set-up also involves difficulties owing to the division of the legislative and executive authorities between the federal government and the constituent units. The national authority, which is immediately expected to pursue the implementation of the provisions of a Convention, finds itself constitutionally handicapped, as in many cases, the subject falls under the jurisdiction of the constituent units. The extent of such a difficulty, however, varies from country to country depending upon variations in the distribution of the authority between the federal government and the federating units. Where constituent units have been given comparatively greater autonomy, ratification of Conventions becomes more difficult. On the whole, the number of ratifications of Conventions by federal states has been small. It is on account of these reasons that the Constitution of ILO imposes certain additional obligations on the federal states in regard to ratification of Conventions.

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5.9 International Labour Standards and India

Core-Conventions
a) b) c) d) e) Freedom of Association (No. 87) and Right of Collective Bargaining (98) Elimination of all forms of forced or compulsory labour (29,105) Effective abolition of child-labour (138) The elimination of discrimination in respect of employment and occupation (100, 111) It does not link ILS with trade There is sound justification for international labour standards. Normatively, their desirability is never in doubt. The controversy is about the means of their enforcement, particularly the arguments concerning the attempted linkage between certain core labour standards and international standards. Thus, the question is not whether international labour standards should be implemented. The question is whether the countries and companies that continue to pursue competitive advantage through the violation of Fundamental Rights should be punished through some sort of linkage with trade. Employers in several developed countries and unions, governments and employers in several developing countries have been resisting any formal linkage between labour standards and trade. Therefore, social clause linkage to trade is considered by the social partners in developing countries as an effort of governments and workers in developed countries to deprive the developing countries of their comparative advantage of cheap labour. The developed countries' arguments are based on the realisation that "poverty anywhere is a danger to prosperity everywhere." There is also concern about the race to the bottom spurred by the notion that, "if you don't raise your standards, we may have to follow suit." Developing countries adopted a dual strategy oppose linkage of trade with Labour

Standards at international level: Nationally, continue to put pressure on government to improve Labour Standards. Future of ILS is caught in the following opposing forces Globalisation and Regionalisation, North and South divide, supremacy of ILO and W.T.O., and diverse pressures among the social partners about desirability of harmonising labour standards with deregulated labour market. Developed countries want Social Labelling, Guarantee for manufactured without child labour, Fair Trade, etc.

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Developed countries arguments are as follows:-

Poverty anywhere is a danger to prosperity everywhere.

If you do not raise your standard, we may have to lower ours.

Social dumping could cause job losses in developed countries. Hence, VISA restrictions for Indian software professionals.

Competitive cost is the main issue. Bonded Labour (Abolition) Act, 76.

Figure 5.1: Ratification of Core Convention in Select Countries Forced Labour Forced Labour (Total) C.B. Discrimination Minimum Age 138
-

Freedom of Association

182

Country Australia B. Desh Canada China Germany France India Japan Nepal Pakistan Sri Lanka U.K. U.S.A.

29 -

87 -

98

Equal Remuneration 100 -

105

111 -

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India advocates ILS within the framework of ILO, but opposes linkages with WTO All social partners Govt., employees TUs.

The Case of India India has ratified 38 out of 182 conventions. ILO has influenced India in a big way. Our legal framework on wages, working conditions, welfare, social security, protection of vulnerable sections of society, HRD, equality, non-discrimination influenced by ILO. The Indian Constitution upholds all the fundamental principles of core ILS. India has ratified 3 out of 7 core Conventions

1 2.

Social clauses - Freedom of Association (87) - Right to C.B. (98)

3.

4.

5. 6.

Indian Constitution/Legislations - Not ratified - Fundamental Rights - Trade Unions Act, 193. Forced Labour Convention and its - India has ratified 29 but not 105. gradual abolition 29 and 105 - Art. 23 of the Constitution - Bonded Labour System (Abolition) Act 1976 Equal Remuneration Convention - Indian Constitution (100). No discrimination on the - Equal Remuneration Act 1976 basis of sex. Has to be only on skill, efforts, responsibility and working conditions Discrimination - Indian Constitution denounces (Employment and Occupation) discrimination and encourages preferential Convention 1958 (III) Social treatment to certain class Justice Minimum Age Convention 1973 - Child Labour (PandA) Act 1986 prohibits (138) 15 years 18 years 14 years Factory Act 18 years Convention 182 - Immediate action on worst forms of Child Labour

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The Government of India is pursuing, rather half-heartedly, changes to some of the labour legislations. The employing ministries have apparently been pressing for some of these changes. They include changes in the Factories Act to permit employment of women in nightshift, particularly in electronic units and export zones. India was actively pursuing 14 projects to eradicate child labour in hazardous industries by 2002. The All India Organisation of Employers have undertaken a project in Jalandhar (Punjab) to have an agreement similar to the one in Sialkot, Pakistan, concerning the abolition of child labour in the manufacture of sports goods. India has advocated the promotion of labour standards within the framework of the ILO Constitution. It has consistently opposed the proposals to link labour standards and trade through 'social labelling,' etc. The Non-aligned Countries Summit organised by the Labour Minister of India at New Delhi adopted a resolution to this effect. All the three social partnersGovernment, employers' organisations and national trade union centres belonging to different persuasionsare all united against the linkage of international standards with trade (for statements of different social partners see: IIRA/FES, 1996) for familiar reasons that are articulated in most developing countries throughout the world: commitment to ILO's pillars of voluntarism, tripartitism and free choice of social partners. Mandatory imposition of labour standards, by whatever name they may be called, contravenes Article 19(3) of the ILO Convention. All the social partners in India stand for upgrading labour standards. But they are against linkages which put artificial and patently motivated barriers against (competition from) India and other developing countries. A national consultation on international labour standards where several non-governmental organisations and national trade union centres participated made a proposal with the following four components (CEC, 1996). (1) Reject the labour rightsWTO linkage. (2) Uphold the principles of universal labour rights and the need for evolving structures to monitor the enforcement of labour rights. (3) Set up a UN Labour Rights Commission as an alternative. (4) Establish, at the national level, a powerful National Labour Rights Commission to monitor and enforce labour rights. 5.10 SOCIAL SECURITY SCHEMES IN SOME LEADING COUNTRIES Social security, in its modern systematised form, is a recent concept, though its origin could be traced to ancient times. The term social security was first officially used in the title of the United States Legislation the Social Security Act of 1935. It appeared again in an Act passed in New Zealand in 1938, which brought together a number of existing and new social security benefits. ILO adopted a Convention of Minimum Standards of Social Security in 1952 which has influenced a variety of social security measures all over the world. During the Seventies, there has been, in general, tremendous progress and growth in social security in nearly all the countries of the world. In developing countries where the economy is already more structured, the social security institutions have become very firmly established and occupy an extremely powerful status. Over the years, more and more categories of the population have been brought within the scope of social security, particularly white-collar workers, the self-employed and certain categories of non-employed persons.

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Due to the growing needs, ILO has put the concept in a systematic way. According to ILO, social security is that security that society furnishes through appropriate organisation against certain risks to which its members are exposed, these risks being sickness, maternity, invalidity, old-age and death. The need of social security measures arises to help people when they are unemployed and exposed to risks. The concept of social security is essentially related to the high ideals of human dignity and social justice. It has assumed such importance that it has become a measure of the progress made by a country towards the objectives of a welfare state. Social security is not a burden but a wise investment which yields dividends in the long run. Scope of social security programmes which differ from country to country - have four features in common: (a) (b) They are statutory, established by law; They provide some form of payment to individuals, to compensate part of the lost income due to contingencies such as unemployment, maternity, injury at work, invalidity, industrial disease, old-age, widowhood and orphanhood; Benefit of services are provided in two ways: Firstly, social insurance to contributors in old-age, sickness, disablement, etc., and secondly, social assistance non-contributory benefits towards maintenance of children, mothers, the aged, disabled and unemployed; and Tripartite financing, now accepted by many countries as a mechanism for financing the social insurance system according to Beveridge Report of 1942. The financing is made by the state employers and employees.

(c)

(d)

5.11 STATUTORY SOCIAL SECURITY SCHEMES A brief review of the existing statutory social security schemes in different countries is given below: 1. Federal Republic of Germany

A comprehensive modern plan of social security was introduced originally in Germany. Wage earners come under compulsory insurance through Wage Earners Sickness Insurance Act, 1883, the Accident Insurance Act, 1884 and the Invalidity and Old Age Protection Act, 1889. Employers and workers were required to provide against certain contingencies by paying contributions. (a) The statutory sickness insurance system provides benefits in the form of early detection of diseases, sickness benefits, hospital treatment, care in curative or special establishments, home care, maternity benefits, death grants and benefits for dependents.

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The purpose of the accident insurance scheme is not limited to providing social insurance cover for the victim of an accident and his dependents but also to prevent occupational accidents. Under the Occupational Safety Act of 1974, employers are required to appoint industrial medical officers and occupational safety specialists. Occupational diseases are placed on the same footing as employment accidents. (b) The purpose of the statutory pensions insurance system is to maintain, improve and restore the insured persons and/to his survivors. The National Employment Service is responsible for occupational placement, vocational counselling, etc. On October 1, 1974, a Rehabilitation Benefits Alignment Act came into force, the purpose of which is to promote rehabilitation of the handicapped by extending certain benefits to them.

2.

Great Britain

The Workmens Compensation Act of 1897 made earning-related compensation, subject to limits, payable to those incapacitated as a result of an injury sustained at particular type of work. Compensation was paid directly by the employers. Right to compensation could be established through the courts. In 1908, the Old Age Pensions Act allowed for the provision of a means-tested pension, to people aged over 70. This was followed in 1911 by the National Insurance Act, which introduced compulsory insurance against unemployment for workers in specific industries and against the medical costs and earnings lost by low-paid workers during periods of sickness. These benefits were available as of right in return for contributions. They were financed by contributions made by those covered, their employers, and an exchequer supplement. The 1934, the Unemployment Act introduced a means-tested benefit for those unemployed but not covered by national insurance. The famous Beveridge Report (1942) fired the public imagination and became an instant best-seller in both, Britain and America. Beveridges major goal was the abolition of want, and this was to be achieved by a social security system which could protect the individual from the cradle to the grave. The main recommendation of the Beveridge Report was that the disorganised system for the provision of social insurance and assistance which existed before the war should be replaced by a unified system. Most of Beveridges recommendations were incorporated in the 1946 National Insurance (Industrial Injuries) Act. In 1971, the Joseph Plan focused attention on retirement pensions. In 1971, a new meanstested benefit, Family Income Supplement, was introduced. In 1975, the Social Security Pensions Act was passed. The Act requires a review of social security benefits annually in the month of March in the light of inflation. Under the 1982 Social Security and Housing Benefits Act, the system of housing benefits was administratively rationalised. Social security expenditure is around 10 per cent of the Gross National Product and 21 per cent of total government expenditure. Social security expenditure splits conveniently into two categories, contributory benefits and non-contributory benefit. The principal contributory benefits are retirement pensions, unemployment benefit, invalidity benefit, widows benefit and sickness benefit. Guardians allowance, industrial disablement benefit and child benefit are some of the non-contributory benefits. 3. USA

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The social security system was introduced in the United States in 1935 as a programme of insurance protection for the worker and his family against complete loss of income through old-age or death. It was only in 1950, that the social security programme was extended to cover farm and household employees and other persons. Four separate social security programmes provide financial security to American workers and their families: (a) (b) (c) (d) The Old Age and Survivors Insurance (OASI) Programme pays monthly cash benefits after a worker retires or dies; The Disability Insurance (DI) programme pays monthly cash benefits after a worker becomes disabled; The Hospital Insurance (HI) or Medicare Part (A) programme pays for hospital care of the aged and the long-term disabled; and The Supplementary Medical Insurance (SMI or Medicare Part (B) programme pays for part of the costs of physicians services, out-patient hospital services and other related medical and health services, for the voluntarily insured, aged and disabled individuals. Health Insurance (Medicare) covers persons over 65 years and those who have been disabled for at least 2 years. The cash benefit provisions of the programmes are designed to replace partially the income that is lost when a worker retires, becomes severely disabled or dies. Unemployment insurance programmes are designed to provide cash benefits as a matter of right to unemployed workers who fulfill certain eligibility conditions.

There are Union-negotiated welfare plans in the system of social security which usually cover health insurance, supplementary benefits for retirees, laid-off employees and a host of other benefits, financed by the employer. An estimated 40 million employees in the USA are beneficiaries of private pension and welfare plans. Their rights are protected under the Employee Retirement Income Security Act of 1974. 4. Japan Japan was the first Asian country to establish a comprehensive social insurance system. Health Insurance for employees of large corporations was adopted in 1922, followed by National Health Insurance in 1938, Seamens Insurance in 1939 and Employees Pension programme in 1941. Japan has two major programmes for old-age, survivor and disability insurance. The employees pension programme, which is contributory, covers regular wage and salary workers. The national pension programme has a contributory as well as a non-compulsory and a voluntary part. Besides these, a number of pension programmes also exist for special groups such as civil servants, agricultural workers, seamen and private school teachers. The two main health insurance programmes are the compulsory employees health insurance plan for workers employed in manufacturing, mining and retail establishments with five or more employees and

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a national health insurance plan that covers residents not insured as a result of their employment. It is designed to cover the oldest, poorest and the most sick segments of the Japanese society. Japan has had unemployment insurance since 1947. The law was amended in 1975 so that coverage is compulsory for all industrial and commercial firms with more than five employees. Voluntary converge is available for employees of smaller firms and agricultural workers. The government pays 25 per cent of the benefit costs and the entire administrative cost. Employees pay 0.5 per cent of earnings; employers pay 0.8 per cent of payroll. 5. Russia

In Russia, social security is an integral part of the countrys basic social policy and is extended to all workers without exception. In accordance with the earlier Constitution of the U.S.S.R., every citizen is entitled to protection and services under the social insurance system irrespective of his status of employment and the undertaking or establishment in which he works. The Constitution guarantees the right to material security in old-age, illness or disability to all its citizens. Various types of pensions are provided by state and cooperative enterprises and organisations. Members of collective farms receive the same type of pension and allowances as admissible to wage earners and salaried employees. Social insurance benefits are provided wholly out of the social consumption funds, without any form of deduction from the workers wages. Men have the right to non-taxable old-age pension at the age of 60 and women at the age of 55. The necessary service record is 25 years for men and 20 years for women, for whom there is correspondingly smaller pension. The average pension is 60-70 per cent of the wages earned during service period and in some cases it is 100 per cent of ones earnings. All working women are entitled for maternity leave equivalent to 100 per cent of their earnings for 56 days before and 56 days after confinement, extendable to 70 days in case of multiple birth or complications. Russian trade unions are of great importance in implementing social security policy. Since 1970, it has also been a trade union responsibility to administer the social insurance scheme for collective farm members. 7. Sweden

It is one of the pioneering countries in the field of social insurance. It provides different social insurance benefits to its people under old-age, invalidity and survivors insurance, medical care and sickness insurance, industrial injury insurance scheme, unemployment insurance scheme and parents cash benefit. The chief characteristics of the Swedish system is that employers are not required to contribute except for the Industrial Injury Insurance Schemes. The social security schemes in Sweden aim at benefiting the entire nation and not merely the gainfully employed persons. Majority of the Swedish employees are covered by the state subsidised Voluntary Unemployment Insurance Scheme. Sweden introduced an Act on employment injury in July 1, 1977. Under the Act, the pension benefit from the employment injury scheme covers part of the loss of income not compensated by the general pension scheme. The benefits are designed in principle, to put the injured person in the same economic position as if he had not been injured. As regards coverage, every employee is required to be insured according to the Act.

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Unit-5 International Dimensions to Industrial Relations

Check Your Progress 2 Fill in the Blanks: 1. .________ was the first Asian country to establish a comprehensive social insurance system. 2. ________ trade unions are of great importance in implementing social security policy. 3. __________ introduced an Act on employment injury in July 1, 1977. 4. The social security system was introduced in the United States in _______

5.12 Let Us Sum Up

One of the most striking features of social security is its rapid progress and improvement throughout the world. Nations with widely differing political, economic and social settings have made these programmes available to their people. Further, there is absence of comprehensive social security policies which can coordinate different schemes and ensure that their various objectives are complementary. Inspite of certain drawbacks, social security schemes can contribute towards social protection and help develop a positive work-culture.

5.13 Lesson End Activity:

1.Discuss about the social security schemes in some leading countries.

5.14 Keywords
Social security:In its modern systematised form, is a recent concept, though its origin could be traced to ancient times. The term social security was first officially used in the title of the United States Legislation the Social Security Act of 1935. The Weekly Rest Convention : It provides that "the entire personnel employed in any industrial undertaking is to enjoy in every period of seven days, a period of rest amounting to at least 24 consecutive hours." India ratified the Convention on May 11,1923. Holidays with Pay Convention :The Holidays with Pay Convention (No.52), 1936 fixes the length of holidays at not less than 6 working days after a year's service, and for persons under 16, the annual holidays are not to be less than 12 working days.

ILO :They are universally regarded as an authoritative source of statistical information. Research
accompanies and reinforces the activities relating to collection of information. The ILO operates the International Labour Information Service on social and labour questions which is drawn extensively on its rich library containing more than two lakh titles

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Industrial Relations

5.15 Review Questions

1. 2. 3. 4. 5. 6. What are the social schemes in Great Britain? What are the social schemes in USA? What are the social schemes in Japan? What are the objectives of ILO? What is its administrative structure? How Conventions and Recommendations are ratified? What is the major difficulty in it? Critically examine the influence of ILO on Indian Labour Legislation?

Check Your Progress: Model Answers

CYP 1 1.Labour 2.ILO 3.Poverty CYP 2 1.Japan 2.Russian 3.Sweden 4.1935

4.14 Further Readings

B D Singh, Industrial Relation Emerging Paradigms, Excel Books Ratna Sen, Industrial Relations in India Shifting Paradigms, Macmillan Business Books AM Sharma, Industrial Relations Conceptual and Legal Framework, Himalaya Publishing House C S Venkata Ratnam, Industrial Relations, Oxford PRN Sinha, Indu Bala Sinha, Seema Priyadarshini Shekhar, Industrial Relations, Trade Unions, & Labour Legislation, Pearson Education B D Singh, Industrial Relation Emerging Paradigms, Excel Books Ratna Sen, Industrial Relations in India Shifting Paradigms, Macmillan Business Books

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