INTERNATIONAL LABOR ORGANIZATION
The International Labor Organization (ILO), established under the Treaty of Versailles, was created in 1919.
Past ideas for Labor regulation:
- After the Napoleanic Wars, Robert Owen emphasized at the Congress of Aix-la Chapelle, the desirability of international regulation of labor in ensuring peace.
- 1839-the French Economist Adolphe Blanqui observed that the purpose of treaties, instead of being formed to kill men, ought to preserve men’s life and make them happier.
- 1847- Daniel Legrand, a manufacturer, made an appeal to the governments of France, England, Prussia and Switzerland for the enactment of international legislation for the protection of the working class.
- 1890- Due to above discussions, the first International conference was convened by the German Government.
- 1897- International Labor Congresses at Zurich and Brussels. The above two resulted in International Association for Labor Legislation
- 1905 & 1906- Two labor conferences were held at Berne; two international conventions were drawn up – the first prohibited night work of women; second- forbade of use of white phosphorous in the manufacture of matches.
After First World war, scenario changed. The various labor problems came into light, even the trade unions started co-operating.
- 1916- The General Federation of Trade Unions at its Leeds Conference discussed several labor problems common to many countries and recommended the appointment of an international commission for the purpose of supervising and executing labor agreements.
- 31 January,1919- The Paris Peace Conference appointed a labour commission which proposed the establishment of the International labor organization and drafted its constitution. The commission was composed of representatives of 9 countries- Belgium, Cuba, Czechoslovakia, France, Italy, Japan, Poland, the United States under the chairmanship of Samuel Gompers-President of American Federation of Labour.
- 28 June,1919 – the high contracting parties agreed to establish the ILO as an organ of the League of the Nations.
- 1946 – After the second World War, when the United Nations came into existence to replace League of Nations,ILO was established as one of the specialized agencies of UNO. The headquarters of ILO are in Geneva.
Objectives of the ILO
The objectives of the ILO are enumerated in the preamble to its constitution and in the Declaration of Philadelphia (1944) supplemented by Article 427 of the Peace Treaty of Versailles (1919).
The preamble affirms:
- Whereas universal and lasting peace can be established only if it is based upon social justice
- Whereas conditions of labor exist involving such injustice, hardship, and privation to large numbers of people as to produce unrest, that the peace and harmony of the world is imperiled.
- Whereas the failure of any nation in battering the conditions of labor would under the economic progress of this own country.
Charter of Freedom/Principals of ILO (at the time of inception)
- Labor is not a commodity
- Freedoms of expression and of association are essential to sustained progress.
- Poverty anywhere constitutes danger to prosperity everywhere.
- The war against want requires to be carried on with unrelenting vigor with each nation.
“Declaration” also known as “Philadelphia Charter “:
The General Conference of the ILO at its 26th Session held in Philadelphia in 1944 maintained the above principles and agreed upon a “Declaration” concerning the aims and purposes of the organization and principles which were to inspire the policy of its members.
The Declaration, popularly known as “Philadelphia Charter”.
Philadelphia Charter says
- “Lasting peace can be established only if it is based on social justice”
- All human beings have the right to pursue both their material well-being and spiritual development in conditions of freedom and dignity of economic security and equal opportunity.
- Attainment of the conditions in which this shall be possible must constitute the central aim of national and international policy
- All national and international polices and measure should be judged in this light and accepted only in so far as they may be held to promote and not hinder the achievement of this fundamental objective.
- It is a responsibility of the ILO to examine and consider all international economic and financial policies.
- In discharging the task entrusted to it the ILO having considered all relevant economic and financial factors may include in its decisions and recommendations any provisions which it considers appropriate.
Structure of the ILO
The ILO consists of three principal organs namely:
- The International Labor conference
- The Governing body
- The International Labor Office
1.The International Labor conference
ILC was previously called “Plenary Labor Conference”
The International Labor Conference is the policy making body of the ILO.
It comprises of three groups representing the governments, employers and workers in the ratio 2:1:1. Every Member Nation nominates four delegates of whom two delegates are gov. officials and one each representing employers and workers.
Each delegates accompanied by advisors
- not to exceed 2 min nominated by government concerned if women related
- if a women related topic one advisors is to be a women
- Allowed to speak by special authorizations.
- Not allowed to vote
Important Function of The International Labor Conference
- To formulate international labor standard
- To fix the amount of contribution by each member state
- To select once in 3 years members of the governing body
- To ask the governing body to seek opinion from the international court of Justice
- To decide the budget expenditures prepared by the governing body
2.The Governing body
- Initially the governing body had 24 members (6 Employee Rep + 6 Employers rep + 12 Government Representative)
- At present, there are 56 members (14 Employee Rep + 15 Employers Rep + 28 Government Representatives)
- The 10 permanent memberships are allotted to 1o states of chief industrial importance – (Canada, China, France, India, Italy, Japan, Soviet Union, UK, USA, Germany)
- At least 2 representatives each of employer and workers are to be from Non-European states.
- The governing body is required to elect ,from its members ,a chairman and 2 vice chairman so as to ensure representation of government employers and workers each
- The procedure and the time of meetings are regulated by workers each
Special meeting can be convened only on a written request made by at least 16 representatives of the governing body
3.Internnational Labor Office
- Acts as the secretariat of ILO, a world information Centre and publishing house.
- The director general ,appointed by the governing body is “responsible for the efficient conduct of the ILO and for such other duties which may be assigned to him ”
- International Labor Office prepares proper documents on the various items of the agenda for the meeting for the conference.
- It has documentation publication duties required of it in connection with the effective observance of conventions.
The structure of the ILO and various functions are depicted below check no.
MAJOR ACTIVITIES OF ILO
- Relate to improvement of conditions of work and life, development of HR and social institutions research and planning
ILO’s technical assistance to India
- The pace of such assistance was remarkably accelerated after 1950 with the initiation of the expanded program of technical assistance of the UNs and its specialized agencies.
- Notable fields in which India has been benefited by the advice of ILO‘s experts include:
- Drafting labor laws and regulations.
- Occupational safety and health
- Social Security
- Small scale and handicraft industries
- Vocational guidance
- Vocational Trainings
- Training within industry
- Worker’s education
- Employment information and occupational classification
Conventions and Recommendations
- Social and labor standards are embodied into resolutions adopted by the ILC by about 2/3rd of the delegated present at the conference.
- Conference decides whether resolutions will take form of a convention or a recommendation.
|· Imposes certain obligations if it is ratified by the member state
· Is treaty which when ratified by a member state creates binding international obligations of the state
|· Serves as a guide to the members in respect of the minimum labor standards on a particular matter.
· Is not an obligation creating instrument
· Meant to server as guide to member states in respect of the minimum labor standards
|Implementation within a year at the most or within 18 months on exceptional case from the closing of the session of the conference
|Concerning the subject matter of the recommendations.
India and ILO
- On 1stJan 1999 the ILO had adopted 168 conventions out of which India has ratified only 47 conventions and 1 protocol. Out of 47 conventions , 39 are in force and 0 protocol have been criticized (labour.gov.in)
|Convention No.||Name of the convention||Date of legislation of rectification||Legislative or other measures embodying the provision of convention|
|1||Hours of work (industry)||14.7.1921||Factory act,1948
Mines act 1952
|4||Night work (Women) convention (1919)||17.7.1921||Factory act 1948
Mines act 1952
|41||Night work (Women) convention Revised(1948)||22.11.1935||No longer in force as convention no 89 on the subject has been ratified|
|89||Night work (Women) convention Revised (1948)||27.2.1950||Factory act 1948
Mines act 1952
|5||Minimum Age(Industry) convention (1919)||9.8.1955||Factory act 1948
Mines act 1952
Motor transport workers act 1961
Employment of Children Act 1938
INTERNATIONAL LABOUR CONVENTIONS RATIFIED BY INDIA AND IMPORTANT LEGISLATIVE AND OTHER MEASURES ADOPTED TO IMPLEMENT THEIR PROVISIONS
|Convention No.||Name of the Convention||Date of registration of ratification||Legislative or other measures embodying the provisions of the Convention|
|1||Hours of Work (Industry)
|14.7.1921||Factories Act,1948, Mines Act,1952|
|4||Night Work (Women)||17.7.1921||Factories Act,1948, Mines Act,1952|
|41||Night Work (Women); Convention (Revised),1948||22.11.1935||No longer in force as Convention|
|89||Night Work (Women)||27.2.1950||Factories Act,1948, Mines Act,1952|
|5||Minimum Age (Industry) Convention,1919||9.8.1955||Factories Act,1948; Mines Act,1952, Motor Transport Workers Act,1961; Employment of Children Act,1938|
|6||Night Work of Young persons||14.7.1921||No longer is force|
|90||Night work of Young persons (Industry) Convention (Revised),1948||27.2.1950||Factories Act,1948; Mines Act, 1952, Motor Transport Workers Act,1961; Employment of Children Act,1938|
|11||Right of Association (Agriculture) Convention (1921)||11.5.1923||Trade Unions Act,1926|
|14||Weekly Rest (Industry)||11.5.1923||Factories Act,1948; Mines Act,1952, Motor Transport Workers Act,1961|
|15||Minimum Age (Trimmers and Stockers) Convention||20-11-1922||Merchant Shipping Act,1958|
|16||Medical Examination of Young Persons (Sea) Convention,1921||20-11-1922||Merchant Shipping Act,1958|
|18||Workmen’s Compensation (Occupational Diseases) Convention (Revised),1934||13.1.1964||Workmen’s Compensation Act,1923; Employees’ State Insurance Act,1948|
|19||Equality of Treatment (Accident Compensation) Convention,1925||30.9.1927||Laws concerning compensation for accidents i.e. Workmen’s Compensation Act, 1923; Employees State insurance Act , 1948, do not discriminate|
|21||Inspection of Emigrants Convention,1926||4.1.1928||Administrative orders|
|22||Seamen’s Article of Agreement Convention, 1926||30-10-1932||Merchant Shipping Act,1958|
|26||Minimum Wage Fixing||10.1.1955||Minimum Wages Act,1948|
|27||Machinery Convention, 1928;Marking of Weight (Packages Transported by Vessel Convention,1929)||7.9.1931||Administrative orders; Marking of Heavy Packages Act,1951|
|29||Forced Labor Convention||30.11.1954||Constitution of India|
|32||Protection Against Accidents (Dockers) Convention (Revised),1932||10.2.1947||Indian Dock Labourers Act,1934|
|45||Underground Work (Women) Convention,1935||25.8.1938||Mines Act,1952|
|81||Labor Inspection Convention,1947||07.4.1949||Factories Act,1948; Mines Act,1952; Shops and Establishments Acts, Motor Transport Workers Act,1961, Minimum Wages Act,1948; Payment of Wages Act,1936|
|88||Employment Service Convention,1948||24.6.1950||Administrative orders|
|100||Equal Remuneration Convention,1951||25.9.1958||Constitution of India; Administrative orders; Equal Remuneration Act 1976|
|107||Indigenous and Tribal Population Convention,1957||20.9.1958||Constitution of India; Administrative orders|
|111||Discrimination in respect of Employment and Occupation Convention,1958||03.6.1960||Constitution of India|
|116||Final Articles Revision Convention ,1961||21.06.1962|
|118||Equality of Treatment of Nationals and Non-Nationals in Social Security Convention,1962||19.8.1964||Laws concerning social security in India do not discriminate between nationals and non-nationals.|
|123||Minimum Age (Underground Work)||20.3.1975||Mines Act,1952|
|136||Protection against hazards of poisoning arising from Benzene, Convention 1971||11.6.1991||Factories Act,1948|
|141||Rural Workers’ Organization Convention,1975||18.08.1977||Trade Unions Act,1926; Constitution of India; Administrative orders|
|144||Tripartite Consultation (International Labor Standards) Conventions||27.2.1978||Legislative measures and Administrative orders and practices|
|160||Labor Statistics Convention,1985||01.4.1992||Collection of statistics Act,1953|
|147||Minimum standard in Merchant Ships Convention ,1976||26.9.1996|
|122||Employment Policy Convention 1964||17.11.1988|
|105||Abolition Of Forced Labor, 1957||18.05.2000|
|108||Seafarers’ Identity Documents Convention, 1958||07.01.2005|
|174||Prevention Of Major Industrial Accidents||06.06.2008|
|142||Human Resources Development||25.3.2009|
|185||Seafarers’ Identity Documents Convention (Revised), 2003||09-10-2015|
|Maritime Labor Convention, 2006 (MLC 2006)||09-10-2015|
|138||Minimum Age Convention||13-06-2017|
|182||Worst Forms Of Child Labor Convention||13-06-2017|