Module II- International Labour Organisation

2.1. International Labor Organization: Genesis, development

and dimensions,
2.2 Aims and objectives of ILO and tripartism
2.3. Organs of I. L. O.
2.4 ILO Legislative Process : Conventions, Recommendations
ILO Conventions and India
2.5 Indian Labour Legislation and Classification

Prof Yugal Kishore

.
 International Labor Organization: Genesis,
development and dimensions
• Genesis; - The International Labor Organization (ILO) is devoted to promoting
social justice and internationally recognized human and labour rights, pursuing its
founding mission that labour peace is essential to prosperity. It was established
by the Treaty of Versailles in 1919 at the end of World War I.
• In 1946, the ILO became a specialized agency of the United Nations
• Evolution;- Idea of regulaing labour relations International Treaty evolved in the
minds of many persons.
• Robert Owen emphasised regulating internationally after Napoleanic Wars(1803-1815).
• Adolfe Blan in 1839, int. treaty to preserve peoples life and make them happy.
• Daniel Legrand in 1847, advocated for protection of working class by Int. legis.
• First International Conference in 1890 by German Govt.
Internatinal Labour Congress in Brussels in 1897 established International Association for
Labour Legisation
Two conferences in 1905 and 1906 at Borne prohibited through two Int. Conventions night
work by women and use of white phosporus in match sticks.
1916 ,General Federation of Trade Union recommended for International Commission.
International Commission estt in Jan. 1919 at The Paris Peace Conference with drafted the
Constitution of ILO to establish it on 28 June 1919 under chairman Samuel Gompers
 Development and Dimentions of ILO

• The International Labour Organization was created in 1919 by Part XIII of

the Versailles Peace Treaty ending World War I.
• It grew out of nineteenth-century labor and social movements which
culminated in widespread demands for social justice and higher living
standards for the world’s working people.
• In 1946, after the demise of the League of Nations, the ILO became the first
specialized agency associated with the United Nations.
• The original membership of forty-five countries in 1919 has grown to 121 in
1971.
• The Nobel Peace Prize 1969 was awarded to International Labour
Organization (ILO) "for creating international legislation insuring certain
norms for working conditions in every country“.
• As the ILO celebrated its 100th anniversary in 2019
• The ILO has 187 member states in 2023: 186 out of 193 UN member states
plus the Cook Islands.
• It is headquartered in Geneva, Switzerland, with around 40 field offices
around the world, and employs some 3,381 staff across 107 nations, of
whom 1,698 work in technical cooperation programmes and projects.
 Aims and objectives of ILO ;Preamble
• The driving forces for the ILO's creation arose from security,
humanitarian, political and economic considerations. The founders of
the ILO recognized the importance of social justice in securing peace,
against a background of the exploitation of workers in the
industrializing nations of that time. There was also increasing
understanding of the world's economic interdependence and the need
for cooperation to obtain similarity of working conditions in countries
competing for markets.
• Reflecting these ideas, the Preamble of the ILO Constitution states:
• Whereas universal and lasting peace can be established only if it is
based upon social justice;
• And whereas conditions of labour exist involving such injustice,
hardship and privation to large numbers of people as to produce unrest
so great that the peace and harmony of the world are imperilled; and
an improvement of those conditions is urgently required;
• Whereas also the failure of any nation to adopt humane conditions of
labour is an obstacle in the way of other nations which desire to
improve the conditions in their own countries
 Preample of the Constitution of ILO
• and an improvement of those conditions is urgently required; as, for
example,:
• by the regulation of the hours of work, including the establishment of a
maximum working day and week,
• the regulation of the labour supply,
• the prevention of unemployment,
• the provision of an adequate living wage,
• the protection of the worker against sickness, disease and injury arising
out of his employment,
• the protection of children, young persons and women,
• provision for old age and injury,
• protection of the interests of workers when employed in countries other
than their own,
• recognition of the principle of equal remuneration for work of equal
value,
• recognition of the principle of freedom of association,
• the organization of vocational and technical education
• The ILO moved to Geneva in the summer of 1920, with France's
Albert Thomas as its first Director. Nine International Labour
Conventions and 10 Recommendations were adopted in less
than two years. These standards covered key issues, including:
• hours of work ,
• unemployment ,
• maternity protection ,
• night work for women ,
• minimum age , and
• night work for young persons .
• Today, the ILO helps advance the creation of decent work and
the economic and working conditions that give working people
and business people a stake in lasting peace, prosperity and
progress
 ILO DECLARATION OF PHILADELPHIA
• The General Conference of the International Labour Organization,
meeting in its Twenty-sixth Session in Philadelphia, 1944 adopted the
present Declaration of the aims and purposes of the International
Labour Organization and of the principles which should inspire the
policy of its Members.
• The Conference reaffirms the fundamental principles on which the
Organization is based and, in particular, that:
• (a) labour is not a commodity;
• (b) freedom of expression and of association are essential to
sustained progress;
• (c) poverty anywhere constitutes a danger to prosperity everywhere;
• (d) the war against want requires to be carried on with unrelenting
vigour within each nation, and by continuous and concerted
international effort in which the representatives of workers and
employers, enjoying equal status with those of governments, join
with them in free discussion and democratic decision with a view to
the promotion of the common welfare.
• The Conference recognizes the solemn obligation of the
International Labour Organization to further among the
nations of the world programmes which will achieve:
• (a) full employment and the raising of standards of living; (b)
the employment of workers in the occupations in which they
can have the satisfaction of giving the fullest measure of their
skill and attainments and make their greatest contribution to
the common wellbeing;
• (c) the provision, as a means to the attainment of this end
and under adequate guarantees for all concerned, of facilities
for training and the transfer of labour, including migration for
employment and settlement;
• (d) policies in regard to wages and earnings, hours and other
conditions of work calculated to ensure a just share of the
fruits of progress to all, and a minimum living wage to all
employed and in need of such protection;
• (e) the effective recognition of the right of collective
bargaining, the cooperation of management and labour in the
continuous improvement of productive efficiency, and the
collaboration of workers and employers in the preparation
and application of social and economic measures;
• (f) the extension of social security measures to provide a basic
income to all in need of such protection and comprehensive
medical care;
• (g) adequate protection for the life and health of workers in
all occupations;
• (h) provision for child welfare and maternity protection;
• (i) the provision of adequate nutrition, housing and facilities
for recreation and culture;
• (j) the assurance of equality of educational and vocational
opportunity.
 Tripartism

• The basis of the ILO is the tripartite principle, i.e. the

negotiations within the organization are held between
the representatives of governments, trade unions, and
member-states’ employers.
• The organization has played a key role in

– Ensuring labour rights during the Great Depression

– Decolonization process
– The creation of Solidarność ( trade union) in Poland
– The victory over apartheid in South Africa
• Today it is providing substantial support in the
building of an ethical and productive framework for
fair globalization.
• The ILO consists of three main organs
• i. The International Labour Conference (ILC)
• ii. The Governing Body
• iii. The International Labour Office (ILO)
• The International Labour Conference (ILC)
• ILC is the apex body of ILO which makes labour policies (and standards )
• Meeting : at least once in a year.
• Tripartite : the delegates the government, the employer's and the
workers attend ILC sessions in the ratio of 2:1:1 respectively of each
member Country.
• Voting Rights: one for each representative - (equal for employer , labour)
•
 Functions of I.L.C.

• : ILC Functions as a World Parliament of labour ;

• The crafting and adoption of international labour standards in the

form of Conventions and Recommendations.
• The Conference supervises the application of Conventions and
Recommendations at the national level.
• The Conference also examines the Global Report prepared by the
office as a procedural act required by the declaration.
• The Conference acts as a stage for the discussion of questions
relating to social and labour issues. The central theme of discussion
each year is the report presented by ILO’s director general.
• It passes resolutions for setting up guidelines for ILO’s future
deliberations and activities.
• It fixes amount of contribution by the member states.
• It decides the expenditure budgeted estimate proposed by the
Director General and submitted to the Governing Body.
 Continued

• It can make amendments to the Constitution subject to subsequent

ratification of the amendments by 2/3 member states including 5 of the 10
states of industrial importance.

• It directs and supervises the work of the Governing Body and the
International Labour Office
• It considers the report of the Director General giving labour problems and
assist in their solution.

• It appoints Committees to deal with different matters during each session.

• It confirms the powers, functions and procedure of Regional Committees.

• It selects once in 3 years members of the Governing Body.

• It elects its President.

• It seeks advisory opinion from the International Committee of Justice.

 The Governing Body:
• Executive Wing of the ILO;
• The Governing Body shall consist of fifty-six person regular representaives
• Twenty-eight (28) representing governments,
• Fourteen (14) representing the employers, and
• Fourteen (14) representing the workers.
• Of the twenty-eight persons representing governments, ten shall be appointed by the Members
of chief industrial importance, and eighteen shall be appointed by the Members selected for that
purpose by the Government delegates to the Conference, excluding the delegates of the ten
Members mentioned above and
• • 66 deputy members (28 government members +19 employer members +19 worker members).
• Chief Industrial Importance;
• The Governing Body - determine which are the Members of the Organization of chief industrial
importance by an impartial committee
• . Any appeal made by a Member shall be decided by the Conference,
• but an appeal to the Conference shall not suspend the application of the declaration until such
time as the Conference decides the appeal.
• 10 seats are permanently held by states of chief industrial importance, namely Brazil, China,
France, Germany, India, Italy, Japan, the Russian Federation, the United Kingdom and the United
States.
• The persons representing the workers shall be elected respectively the Workers’ delegates to
the Conference.
• Employer Representatives elected by the delegation of Employers .
• Term of the Office: Three Years or Untill next elections.
• Officers: One Chairman and Two Chairmen elected from
emploers,employees and Govt delegates.
• Meetings: Meets three times in a year in the months of March, June
and Novembe
• Procedure and the time of meetings -regulated by the Governing Body itself,
• but a special meeting can be convened only on a written request made by
at least 16 representatives of the Governing Body
• Functions of Governing Body
• Functioning under the general direction of the ILC and prepares the agenda to be
placed before the International Labour Conference
• It elects the Director General of the International Labour Office, supervises its
functioning
• . It takes decisions on ILO policy, decides the agenda of the International Labour
Conference, adopts the draft Programme and Budget of the Organization for
submission to the Conference and
• deals with constitutional procedures for the application of ratified Conventions
 International Labour Office
• It is the permanent secretariat of the ILO.
• The international labour office is the centre of all activities performed by
the ILO.
• It functions under the watchful eye of the governing body and leadership
of the Director-General.
• The functions of international labour office are described under article 10
of the ILO constitution;
• The functions of the International Labour Office shall include the
collection and distribution of information on all subjects relating to the
international adjustment of conditions of industrial life and labour,
• and particularly the examination of subjects which it is proposed to bring
before the Conference with a view to the conclusion of international
Conventions, and
• the conduct of such special investigations as may be ordered by the
Conference or by the Governing Body.
• Subject to such directions as the Governing Body may give, the Office
shall:
• a) Prepare the documents on the various items of the agenda for the
meetings of the Conference;
• b) Accord to governments at their request all appropriate assistance
within its power in connection with the framing of laws and regulations on
the basis of the decisions of the Conference and
• the improvement of administrative practices and systems of inspection;
• c) Carry out the duties required of it by the provisions of this Constitution
in connection with the effective observance of Conventions by the States
• d) Edit and issue, in such languages as the Governing Body may think
desirable, publications dealing with problems of industry and
employment of international interest.
• Generally, it shall have such other powers and duties as may be assigned
to it by the Conference or by the Governing Body.

• Besides these primary bodies, expert committees come to the aid of these
bodies on matters relating to vocational training, industrial relations,
 Other Committees;
• The Conference is empowered to appoint
Committees to deal with
• different matters relating to labour during each
session.
• such committees are -
• • the Selection Committee
• • the Credential Committee
• • the Resolution Committee
• • the Drafting Committee
• • the Finance Committee etc.
• All committees except Finance Committee are
tripartite in nature.
 Declaration on Fundamental Principles and Rights at Work
The Declaration was adopted in 1998, and it mandates the
member states to promote the eight fundamental principles
and rights. The Fundamental Principles and Rights are
categorized into four categories as ;
• Freedom of Association and the Right to Collective
Bargaining (Conventions 87 and 98)
• Elimination of forced or compulsory labour (Conventions
No. 29 and No. 105)
• Abolition of child labour (Conventions No. 138 and No.
182)
• Elimination of discrimination in respect of employment
and occupation (Conventions No. 100 and No. 111).
• Director-General submits a Global Report on one of the
four categories of fundamental principles and rights at
work to the tripartite International Labour Conference.
 The Core Conventions of ILO (8+2)
• The eight plus two ( 2022) core conventions of the ILO are:
• Forced Labour Convention (No. 29)
• Abolition of Forced Labour Convention (No.105)
• Equal Remuneration Convention (No.100)
• Discrimination (Employment Occupation) Convention (No.111)
• Minimum Age Convention (No.138)
• Worst forms of Child Labour Convention (No.182)
• Freedom of Association and Protection of Right to Organised Convention
(No.87)
• (The above Six have been ratified by India)
• Right to Organise and Collective Bargaining Convention (No.98)
• Occupational safety and Health Convention ( No. 155)
• Promotional Framework for Occupational safety and Health Convention (
No. 187)
• India has so far not ratified Conventions 87, 98, 138 , 182, 155 and which
are the Core ILO Conventions.
 The Global Job Pact-(19-06-2009)
• Faced with prospect of a prolonged global increase in unemployment, poverty and inequality
and continued distress for enterprises, in June 2009, the ILC unanimously adopted a "Global
Jobs Pact"
• The Global Jobs Pact is a set of balanced and realistic policy measures that countries, with the
support of regional and multilateral institutions, can adopt to ease the impact of the crisis and
accelerate recovery in employment.

• Guided by the Decent Work Agenda and commitments made by the ILO constituents in 2008
for Declaration on Social Justice for a fair globalization,
• the pact recalls that respecting
• I. fundamental principles and rights at work
• II. strengthening social protection
• III. promoting gender equality and
• IV. encouraging voice, participation and social dialogue are critical to recovery and
development.

• It proposes a portfolio of policies aimed at:

• I. Generating employment
• II. Extending social protection
• III. Respecting labour standards
• IV. Promoting social dialogue
• V. Shaping fair globalization
 ILO on Future of Work
• The ILO launched the Future of Work Initiative in order to gain understanding on the
transformations that occur in the world of work and thus be able to develop ways of
responding to these challenges.
• ] The initiative begun in 2016 ; 110 countries participated in dialogues at the
regional and national level on "four centenary conversations: work and society,
decent jobs for all, the organization of work and production, and the governance
of work."
• The second step in 2017 with the establishment of the Global Commission on the
Future of Work .
• . A report was published for the 2019 Centenary International Labour Conference.
• ILO also assessed the impact of technological disruptions on employments
worldwide the global economic and health impact of technology, like industrial
and process automation, artificial intelligence (AI), Robots and robotic process of
automation on human labour. The human generation needs to reinvent in terms of
competitive accuracy, speed, capacity and honesty.
• The ILO has also looked at the transition to a green economy, and the impact thereof
on employment. It came to the conclusion a shift to a greener economy could create
24 million new jobs globally by 2030, if the right policies are put in place. Also, if a
transition to a green economy were not to take place, 72 million full-time jobs may
be lost by 2030 due to heat stress, and temperature increases will lead to shorter
available work hours, particularly in agriculture.
 India & ILO
• International Labour Conference;
• The Presidents of ILC from India ( 4 times)
• Sir. Atul Chatterjee (1927), Shri
• Jagjivan Ram, Minister for Labour (1950),
• Dr. Nagendra Singh, President, International Court of Justice (1970) and
• Shri Ravindra Verma, Minister of Labour and Parliamentary Affairs (1979).
• The Vice President of ILC From India (8 times)
• 2 from the Government group,
• 3 from the Employers Group and
• 3 from the Workers’ Group.
• Indians have chaired the important Committees of the ILC like
• Committee on Application of Standards,
• Selection Committee and
• Resolutions Committee.
 India at ILO
• The Governing Body of ILO ;
• Since 1922 India has been holding a non-elective seat on the Governing Body as
one of the 10 countries of chief industrial importance.
• The elected Chairmen of the Governing Body from India ;
• Sir Atul Chatterjee (1932-33),
• Shri Shamal Dharee Lall, Secretary, Ministry of Labour (1948-49),
• Shri S.T. Merani, Joint Secretary, Ministry of Labour (1961-62) and
• Shri B.G. Deshmukh, Secretary, Ministry of Labour (1984-85).
• List of International Labour Organisation Conventions Ratified by India
• Sl.No. No. and Title of Convention Date of Ratification
• 1. No.1- Hours of Work (Industry) Convention, 1919 -14.07.1921
• 2.* No.2 Unemployment Convention, 1919 14.07.1921
• 3. No.4 Night Work (Women) Convention, 1919 14.07.1921
• 4. No.5 Minimum Age (Industry) Convention, 1919 09.09.1955
• 5. No.6 Night Work of Young Persons (Industry) Convention, 1919 14.07.1921
• 6. No.11 Right of Association (Agriculture) Convention, 1921 11.05.1923
• 7. No.14 Weekly Rest (Industry) Convention, 1921 11.05.1923
• 8. No.15 Minimum Age (Trimmers and Stokers) Convention, 1921 20.11.1922
• 9. No.16 Medical Examination of Young Persons (Sea) Convention, 1921 20.11.1922
• 10. No.18 Workmen’s Compensation (Occupational Diseases)Convention, 1925 30.09.1927
• 11. No.19 Equality of Treatment (Accident Compensation) Convention1925 30.09.1927
• 12. No.21 Inspection of Emigrants Convention, 1926 14.01.1928
• 13. No.22 Seamen’s Articles of Agreement Convention, 1926 31.10.1932
• 14. No.26 Minimum Wage-Fixing Machinery, Convention, 1928 10.01.1955
• 15. No.27 Marking of Weight (Packages Transported by Vessels) Convention, 1929 07.09.1931
• 16. No.29 Forced Labour Convention, 1930 30.11.1954
• 17. No.32 Protection Against Accidents (Dockers) Convention (Revised),
• 1932
• 10.02.1947
• 18.@ No.41 Night Work (Women) Convention (Revised), 1934 22.11.1935
• 19. No.42 Workmen’s Compensation (Occupational Diseases) Convention
• (Revised), 1934
• 13.01.1964
• 20 No.45 Underground Work (Women) Convention, 1935 25.03.1938
• 21. No.80 Final Articles Revision Convention, 1946 17.11.1947
• 22.
• **
• No.81 Labour Inspection Convention, 1947 07.04.1949
• 23. No.88 Employment Services Convention, 1948 24.06.1959
• 24. No.89 Night Work (Women) Convention (Revised), 1948 27.02.1950
• 25. No.90 Night Work of Young Persons (Industry) (Revised), 1948 27.02.1950
• 26. No.100 Equal Remuneration Convention, 1951 25.09.1958
• 27. No.107 Indigenous and Tribal Population Convention, 1957 29.09.1958
• 28. No.111 Discrimination (Employment & Occupation) Convention, 1958 03.06.1960
• 29. No.116 Final Articles Revision Convention, 1961 21.06.1962
• 30.# No.118 Equality of Treatment (Social Security) Convention, 1962 19.08.1964
• 31.@
• @
• No.123 Minimum Age (Underground Work) Convention, 1965 20.03.1975
• 32. No.115 Radiation Protection Convention, 1960 17.11.1975
• 17. No.32 Protection Against Accidents (Dockers) Convention (Revised),1932, 10.02.1947
• 18.@ No.41 Night Work (Women) Convention (Revised), 1934 22.11.1935
• 19. No.42 Workmen’s Compensation (Occupational Diseases) Convention(Revised), 1934
• 13.01.1964
• 20 No.45 Underground Work (Women) Convention, 1935 25.03.1938
• 21. No.80 Final Articles Revision Convention, 1946 17.11.1947
• 22.No.81 Labour Inspection Convention, 1947 07.04.1949
• 23. No.88 Employment Services Convention, 1948 24.06.1959
• 24. No.89 Night Work (Women) Convention (Revised), 1948 27.02.1950
• 25. No.90 Night Work of Young Persons (Industry) (Revised), 1948 27.02.1950
• 26. No.100 Equal Remuneration Convention, 1951 25.09.1958
• 27. No.107 Indigenous and Tribal Population Convention, 1957 29.09.1958
• 28. No.111 Discrimination (Employment & Occupation) Convention, 1958 03.06.1960
• 29. No.116 Final Articles Revision Convention, 1961 21.06.1962
• 30.# No.118 Equality of Treatment (Social Security) Convention, 1962 19.08.1964
• 31.No.123 Minimum Age (Underground Work) Convention, 1965 20.03.1975
• 32. No.115 Radiation Protection Convention, 1960 17.11.1975
• 17. No.32 Protection Against Accidents (Dockers) Convention (Revised),1932,
10.02.1947
• 18. No.41 Night Work (Women) Convention (Revised), 1934 22.11.1935
• 19. No.42 Workmen’s Compensation (Occupational Diseases) Convention(Revised),
1934 ,13.01.1964
• 20 No.45 Underground Work (Women) Convention, 1935 25.03.1938
• 21. No.80 Final Articles Revision Convention, 1946 17.11.1947
• 22 No.81 Labour Inspection Convention, 1947 07.04.1949
• 23. No.88 Employment Services Convention, 1948 24.06.1959
• 24. No.89 Night Work (Women) Convention (Revised), 1948 27.02.1950
• 25. No.90 Night Work of Young Persons (Industry) (Revised), 1948 27.02.1950
• 26. No.100 Equal Remuneration Convention, 1951 25.09.1958
• 27. No.107 Indigenous and Tribal Population Convention, 1957 29.09.1958
• 28. No.111 Discrimination (Employment & Occupation) Convention, 1958 03.06.1960
• 29. No.116 Final Articles Revision Convention, 1961 21.06.1962
• 30. No.118 Equality of Treatment (Social Security) Convention, 1962 19.08.1964
• 31.No.123 Minimum Age (Underground Work) Convention, 1965 20.03.1975
• 32. No.115 Radiation Protection Convention, 1960 17.11.1975
• 33. No.141 Rural Workers’ Organisation Convention, 1975 18.08.1977
• 34. No.144 Tripartite Consultation (International Labour Standards)
• Convention, 1976 27.02.1978
• 35. No.136 Benzene Convention, 1971 11.06.1991
• 36.No.160 Labour Statistics Convention, 1985 01.04.1992
• 37. No.147 Merchant Shipping (Minimum Standards), 1976 26.09.1996
• 38. No.122 Employment Policy Convention 1964 17.11.1998
• 39. No.105 Abolition of Forced Labour, 1957 18.05.2000
• 40. No.108 Seafarers' Identity Documents Convention, 1958 07.01.2005
• 41. No.174 Prevention of Major Industrial Accidents 06.06.2008
• 42. No. 142 Human Resources Development 25.3.2009
• 43 No. 127 Maximum Weight 26.3.2010
• Protocol 1P89 Protocol of 1990 to the Night Work (Women) Convention
• (Revised), 1948