7I

1

I

lrq)+lg(EttE(J

lnternational Dimension oflndustrial Relation

,

:

OB,'ECTIVESTo maLe the student aware a6out the ph osoPhv, stru'ture dnd tLe *orLlng o{

LO,

To provlcle ther ',tl the nlormaion r€! drne th' impa't tiat lLO ia: on th"

tor.,lation .f abo* polae/laws ln lndla

To erpos€ them to lnterndtloial Labou' 't"ndad' "nd lts imPlicatiom on lnd;n

U N 1 T, S T U R C T U R E

Svucture and Funcuon of LO

Conveitions did Recommerdations and ther l"fluen'" or lndt" Labou' Pohcres/

lnte,.ational Ld6o!. St""dad' ""d "d"lndrstrial Reldtlons ln EuroPe 2000

International Labour Or$anisation

BACKGROUND

The Peace Conierence cooveled ar rhe cnd ol the \(or1d V* I led o the

.rcation of the lnternational Labour Organisation in 1919 4s m original

signarory of the Treaty ofPeace, India becxme a member of the organisation

in 1919.

Tortay, ILO is one of rhe specialized agencies of thc Unned Nations

r:)rganisarion (UNO). L has, honcver pased through crhical periods in

its iong hi.tory. it faced difficulries following drc ivorld rconuric cisis

during"rhe poiod of the Grear Depression' J h"" amc the crisis of World

\ar- i], *hen irs ver,\, ciisrcnce was ar sahe. In Jun' 194'1' dr' ll'')convenecl a confercnce at Philadclphia ro corsider rhc programmes aud

policies to be pursued after thc War. Tle +in* aod putposes of the ll'L)

*e- .ed"r'i".,t in rhe fotm of a declararion rhe Declaration of

Philadelphia.

iiv) Tte,r:r agair* *anr rcquifes rc Lre.xrjcd o, q.jrh Lrnrct.i.nrg vieour b} each"rr,\..,n..,,.,,,,.1.-,..,,1,",1,"".,,d orployers, .njoring cqual starus Lvnh Lhose ot Eo\{n!,enr, i,ir,, ,, , i,* ii

I he $,ti! a;mi if dr. o.!r.t.iri.r .r.:iit To reno,,e $c hardshlps ind p.ivtrrjols 01 rtr. roitins massrs a ovo rh. ,rortd rnd..

lli) To lmpreve rheir tiving,d ivorking coDdirions, ?s a vital srep uL:uds thc eurblish*entot univcnrl and t.sring percc. trascd olr s..tJ justi...

STRUCTURE

Thc ILO ,s a tipa[,re og:nisariol, rolsis ig or represerr.rrivcs ot the goverurenr, cmployearnri *ork-s of rnen$ercoun,ries h rr.. o.i-. or zl,r. ,, il r.irJ ; ;;,;'l_-";;,,1;;.' or ..r. rJ.rhn'l ' .r.tj-..n,,r ; ,h ,,.,,."; :::;1

".o{inisa,ion rtlc AIrUC ilourcourtrvs ,. , ,lDL ,Ft i dr reruing up olrheIJ I r;,r rr r .. n, ,. ..d th. lnlrD,rr;orrl Lalrou.

198 . narL,. P?d.* EDrrr! 9dos,-

thc I)echrarior is 6ascd on rhe iollourrg Eur]rmcrtal prhciplcs:l;) LabouL is nor a cohnrdiq,.{i,) Freedom of expression and ofa.ssocirrion rrc esenrat for susr:ined pmgres: I , .r,

l he principal organs ol rhc tLO are:

(l) 'l'he Inrenadonrl Labour Conferencc;(ii) 'l hc covemins Bo(& and(;ii) 1.he IitcDarional Labour Officc.

International Labour Coaference

Inter

]'ft.

I

(

(

Thc confe.ence js heJd orce a ),ear. Ea.h mcmbcr counrry is rcpreseoted by iiur delesar-nvo represenring rhe Covcrnment. one rcnr.sentins,he ",nplou:^, ",d _,1 ..p."*,.ri,*,1.workas The main task of rhe Confercna rs ro se. up !,tnirnuni irrerrarional. so.irl ard

:li:i. :::::: l:1.: ll rhF r, n uf on\. .i.Ds o.,e..nnnend,,r.,ns A.o.r,nrion n bindnrson rhc rnembcr srarc rvhich rar;fies ir. whiie a r..oDnnendlrion i! i

r .orrelrioos nrifie<t br theConfirence foL acceFxn( o. rcjecm. ,rnt,in t8 monril ot .h.ir edopilon

Governing Bodylhe Goveming Bodv i; die chief cxccut;vc bodv of rhe orgrnisetion aod tntcrs four rin,r avear. 'i'his bodv is atso fftpardic h ciaracter, *ith a -.",1,..-;lp .f fo . ,f," :.;;;;,;,;. ,,,sov.rnments are 20, and 10 cach r€.krn,i"s emplovos rnd woLkus r.h" G.,:";_;i ,,responsibl. for efecdve p-g-,"-i,,g .r a,. i-.r"r.1" rr,o.

coN\

Conyer

Tliet.

obligatnrvirhin

Srare hes

rh. difi]c

ckeG.7 ,t na{.na D.-,i.".r l,d,r," Reitoi . J,Inrcrnationat ]-abour Offi ce

This ofr( is r.sl,oosible lir $c day ro d.ry a.rni.ics ofrh. osanisarion and hs tr.rnches nr 9cou.trics. including lndia.

- Ihe ILO has I Regionxt -{d!,sorr .o, ,n,rrec mc A\ a, {d 1\,.. a^f,!, ,,i(, LircAfrjcan Advisorv Commirrcc and rhe Inrer Ameriqrn ,{dvrsory Commirree.

established in 1960 rs a .enrre lorThe Inrernarional Instnute of Labour srudies *,asadiance.i studies in d,e social and labour ri.td;.

Tlic $ork of Il-O mav be divded n,ro rhrce paff:Lzgislatite: Arisin'. our of rh. .onvenrions rnd rccommendarioos

ior.!r ionrl L.bour (.orfir.n...

is birrdingguideline.

ng Dody is

O?datianal: Thcse acilirie! p.r?in ro re.hnjcat as*ra..e, jD.luding vo.drional rrrnLngprogmmrnes, provided rnd undenatrcn by rhc ti O nr various 1,ans oa re {orId.

Gen.tu|: lhe \latk al industriat commurees, Lcgion.rl conterenccs, orher conmnrces 2ndconnnlssions and rhe publicaijons of ltre tLO.

CONVENTIONS AND RECOMMENDATIONSOnc ofrhe prnrclpal tunctions ofthe Internadoral La6our Organisarion is ro se.ure inrcrD.Iionalminimom social and labour srandards. Thesc standards -" ".U"a;"a in rcsotutions in theforni of Conrcntions and R.com,nendarionr, adopted bv the Inrerna.iontrt tibour Confe,sLceby ai lesr 2/1.(ls of rhe delcgarcs pr.senr ar rtre ,o"f-.n- .,a "*;,,g.

.r }ie .ontereD.c dc.i.l.s

whe$er rhesc resoturions will trkc rhe {irm ot a ConrenrioD .. "

n.-,",-.,a";.,. T1l",,aioovcnrions ol Re.ommerdarionr are nMuDeDrs tor.rcarins and estabtishing hrcr.arjonatorinimunr n.,:J and tabour santhr,ls

Conventions

lherc is a bas;. differe.ce ;n rhc nature of obligations creaie.l b), Convenrjon andRe.omnodariox. A Convenrion i,tposes.eriain obligations. The ilember state is or rnobligarion uoder rhe Consrirudor tLO r. bring, rvirhin a period of onc ycar at rhe mosr, orwirhin 18 mordis in exceptional cases. frcm rhe .loslns ;f lhe se$ion of thc conferenc, aCon.eotion before the aurhorlg-, wnhin whose co-p"ten.. th" marer lies, tor radficarion. Ifso, mtified,-the Convenrion acauies a bindnrg characrer on rhe Meober Stare. atrhough aMembo is lree to iatif or nor ro rariF/ a CoIlrcniion, once jr has bccn radfied 6y tte appropriaeaurhority oI the Member Statc concemcd. lr becomes oblisarory on rh" p-..f rh; M_b"rSiare r.r iDpleuenr rli. Coov.nrion by les trfl\. ", ",h., ,ppn,p,,,,. mra,uru.:n<i roconuunicarc thc tirmal Ladfi.ariotr.o rhe Dire.ror Cenerat. Furrher. aiier ra.ifi.rtun. 3 M.mtrF.

h an,r rcspecr, ercepnvhen and *nere rtrcaton,enron i6e[ nJ[-o p,o\,\,on5 ro, \Jrrrrons. Inasc a Membcr Srare does nor raiili 3 Coni€nrio'r, ir n under the obtigarion ro report prriodicaltr,,,r,.o:.io, - .\ ndt J.ri , I -g: i o,.e t er oe.t, /i,tl,,he, o .c:rro,. inui.,r. grhe ditilculries dur prevent or delay rhe ratificatior c,fsuch a Convention. Howort, a Conven ol,ei'en if raritied by a Member Stare, clocs not automarically become binding udes n has securerla minimun rLrmber ofratificadons. Thc number ofratifi.ariors required !o brins a Coovenuon

4(r0 . l,,Jrrri R.r+"ns E,k,e"! pr,;,l.ni

ilro li,..t r 6xtd in (.1(h.r!.6r rtrr rcrn,s ot.tr. Lton!.frion:!,rli.ic nr dr. $car ,.ijoriry oi.:&.s

Recommendations

trro raiil.:{ions b.tn.c EMPI(

Ktepnrl

aidir.q r

niigraro

COLLE

lLO has

house. I

I,ABOR

oj llo. i

RESEART

In rl

.\ R..on,n,.nd:,,1on.,,i rhi orh.. Lri,d, i-.,:or rr n.cligirio! r:r.riire irsa renr. tr ir !r,rndcJide to rhc lvlemhc.\ratts ir res1l..r ofdr. hinnn!n l:.bour srar,t:vcls. coorcmtng

rhe s j(r mrrrer oi rht Recomnendarion. A tr.tembcr Siar.. oj .ou,\e, h* ro E,rrng rhcRccommcndarior r(, rhc rorice ofd,c rppropriate auitrorjn Fj,t,jn on. r..ar trr rhe nrlr., rs.l. u d.....r."J,"n.t.r ,..,,,.. o,,.,,,ihr.slDg rht R...nm.nda.ion ir+;,. ,l,c .onrter.nr aurho,irr. ilr n,.hir otrlicrrio,r ,*,,upon rh. I1-nlrcr S'rr.s cxccpr rh.u rh hrr- ro Lcpn :,. md rvh.n r..iur{..1 tr" rh;(;!,.,,,,rsIirrr.;lrrr,.irr rl,i.rl.:r nrrl,irhc(iLr ., 1. . f,rn,L h.._ ro rh.pr.r,skms .,1 rhe Rrlnucnilarior. J huj. r ilI.mscr Sraic is ir.r .r n,odi6, rhc ;Ni.;".. ,,rrlie Rc.orDnicnd,rlion r,r, Lii. t,,rfosr ot ttgjjterio. or implrncrrrrio:.,,r,t,t

"',,.,,t,....\ rlr i (..nvcnrion.

MAJOR ACTIVITIES OF ITO

I he ILo h.6 had. r.ler)r]e$ etfor ro achi.le rh. obj..rivcs s(1 rorh i,r rlr. Lorr.i[urion t hcm,i.r &rifiri.s.i ILO r.lare ro: imt),okm.nr o1 ryork anil tifi.ondiriotrs. rtrvclLlnenr ofrd ,, . I .ri. .rd r ... .. .t.. r,q I , r, . r ,(h: drhenprovcmenrofcr:rndirionsot*orkrndlir.i,,.p,,,,,,.,:..,,,.r ,.g,"",r ,t i,...,",.*racthr desiencd ro adiu{ rhcse.oiai,i.nr n rlf r.qururoo.,r -..J;-8.* :t Ji uagcs or

".j'. l. .r .. i.,,,.,,.1 , .;.".,t.,,.i.eror'.h. l:i\c trogranmes n1 ihr fietd (,t humri .ey,ur.( .r inr.n.l.d ,- j",*,,i". p.i-tpt",3nlt poli(ics whrh droul.l g.\,.n Ltr. d.1.lo|nmr rrrt uritr:rior or hunln reru.s, an.i &)encourasc ther atpli(aii.. rhrough rechrn:al pr"rr:mmcs r ttl fi(lds ,rf .mDt,,rnc., n.ti.,,ard (n+nouxnr p..,norion, vo.a.ional guida, .. ,;.1 r r n,ne L, i ,,,f

",1,., *J',,*.";":;iinlg. .,,,,", ...r,ir, d^,r I.i .,,n. u.or u..uf,,,.,,. t:.",.

puryose bchlnd dr. deyelopm.Dl of social ursrirurions n .ro idcnrlt-/ Md &lmnce sluri.ns r.

r, ob ,.,,.,. I' rl, r, ,in. .j,d p' , n,. ,.,, , |,"t,.r.. ,.. .;";. "."\ , d.\. ot , r .r.t ..rt,.r...t .n.."J nrp.rural organisariorr, and dtffcrenr forms of entcrydse,

",d ih; ,.p-;",""" .t 1"b.";..hfion,

ar va.ious leycls - undenaking, indrsrq,.. regionrt ind Diri,,nai.,,

CREATION OF INTERNATIONAL STANDARDS OF LABOURA' iDpor.arr .crivii! ol ILo n r[e crcarion ol irrerna*'e] srodards oi irrrour on v.rlous11.,, ,,J.',,.,, ,,,, T,, , J,,rt f,iuarjh b, rh. ldopri!,.

"rc."*",i.". -,,r(c! rnm!,,.tJr... rhc t.rru* uiL,l,.h htvr atreld) been erptiined eaLti.r in rhr ctrark..Th$e Conri.ri,,ns rnd Rccomnenriarnrr, har. .oreri.t a wrtc ,erieo.ot area; such as baschunianrights,.n|loynr.i1,coldlrionsofrvorlin,]tr.Lfl,]l.]tr,.n'ol chlldren rnd romen. t3liour idmi.isrra.ion, socfut poticv rnct nlrcrs "ii*,t.'g ,'p_*r_..r; lt. _ ,l 1.r,.,. t. . ..J . d ?," ....";r,,i, ,r rh. rhrpkr 1rt. rn, tnruns rnd Recommendari,as tave corributed,,".t ,o,"-a,rhc esrablislnn.or oi unitirrmli! ln tabour sanitaLds on a g]obal basis .,a r,,* ;,,rt,.,,*alabouL legnlrtior rnd coltecrire 6arcaxrjng ln n,enlber.ouDrrjes

( being

Chapk, T t-mr.i; Dnn',,.tli,lF. ll.lr., ' 401

EMPLOYMENT PROMOTION

Kccpirg ir vie*'tht mrndarc undtL tle PhiladcLphia l)"lariilior' ILO esists ourrrits h rhc

n,,..r.1 ''reh'.'r\.. lr'ur.r' lro| i' lh 'urr'' llLr I i 'g d'o 'ij:' j r" r'-d'

J I r r ., , iDo'ol '.r'' ''" ' 'r ' rn

,h. ";,.1.,,"-,. rn.'n,e aoJ ,.eani".roon.rl rcquirenents of unprorccted and unorgar;trl

"..i,t.,",,,,r.,n,ro'."r ",''r" n,1'J "u, "'''e -n"girr'

rhe rrusirion f,.- S.,;.'.;. ro mrrkeroricnted economiesr responiling to the ircrea*d

;, . "."., "...".," r.'uluLlq hom rlemo,erupliic chrngcs' strucmral adirsrmennnd ubalanccs

' , ..", ..''i.- lon r"'oi,'r' q .'^d Pu"'':e

.,p".i"l1l' rAn",.U. g,,,.p,, ,,,d ,f," clnrinatior of Lliscrnrination rgrinsr slctific groups

COTTECTION AND DISTRIBUTION OF INFORMATION AND PUBLICATION

ILO has bcen a world reposito.v ol nlb narnrn oD lrbourind$ci:1'luesonsrndapublishing

i",r,". ir," r,-, collccrs inforrration on a global basis, on a *idc varieo oI socjal and lah""t

ll,+l-.ll ".a rnakes rhcn a'rilable to t|e membcL countrics' Srarisric-' collecrcd br- ILCI rre

,,,i.-,"1r' *g..al es an aurhxnarive souLcc oi starlsticJ inlirrrarion' RestaLch acconip'nies

.,d .e,.i...:' the activjrics rclrring ro collection of iniorniaiion The ILt:) opcLatcs 'r"Lncrnatnr.al I abour lrlomrtion Service on social and hbour qucstions which is drmu

errtnsirelvonitsrich]ibrarycontainingmorerhanrwo]akhtitlts,ThelibraryolllopublishesI.ADORDOC, a datrbte ol major iiretrture on IL(l interesrs' and prcvidcs inlo Da'i'"

Liocumcno. rncl so onro lL(\ staffand aust Lrnge of llo Lchred titutions usugav:'i''n

of n,odtm nrfomatnr technolosies

Ihe IL{) b,nrgs out a ntrnberof aurh'"''pul' rLrr n r r L rrrrr urriiallru.",r ,;:iJ t'*-, ,*.a-,r .r.*.- works. r..hni,rr 5ui'1es ur 1c' L'lrrcd roPr' rlin or

,',.'.. '' ',,,. ,'' ,'' ',\

", ";. .' l\..p... o, d.rb:..rr.r. . ','. -d. " " ."'l''L:"R ,;!..-,.,,r,,,r.l:,'ut .. l' "\t'oo' t"'.,:i

, n i),,', t, t LoL'0,., ta,,,,.n.., ,,t) Yca' Book af Lrb'"r stnti$'/\ nd Buttetin af

lit, - \n-'t 'ata- L'aL" 'a ' I t 'o-- n I \fn32 -

"i tt,eL. lu e,q,t"p,,,l;, af Otu?niL rl H'rkl old S'tfta ' kxnat;onal Lfiau' 9o"r"t'nr'

i,,i i,,",,,,,,,"i,',),' ,,,,1 ix,t"ia, rns.-trc f'r su1'oLiw1 Deuhpnetr' are a re* no*ble

among numerous rirlcs publishtd bv 1Lt)

RESEARCH AND STUDIES

riiIi

i

ii,

III

l

tr.erningring the,$ or l8

rhe mair

l.Jorerhelcs LesaLches anrl sruLlies rL:rng rc

. pl . ,. ,

.r-!.r'.' ll,' - nl "" 'L

snecific laborr rnd st,cial issucs heve becn

,*,,]r rublishcd. Somc ol rhe nroLe notable

scouiri. xorkng mn,lirions. ;rdusrrjJ safel'

rnd healfi and manporver de"elopment

ir this tieLd, rlrt rolc o1 the lntcLmrional lns urc of Lrbour Studi's loLrnded iD 1960

-a ,*,J,-g ,-+. .hc auspitcs ol I1'O h' rcr'i sl' l-<'m; il"rnuo Th' :*':":',;.sarrajsirieawuenesoflaboupreiatedprobL<nLslnJ"Inlct]r!J5]PllolLlrl.toltheli-.,,n",""-:i-i.".",.

,1"",c ol rhe Insriture s i"*t' ;' t' *'"i"" rhc posible corrrriburion of

i,1,..,. ;"*;.*i.^ to economic developnent and social progrcs' Lalrour or soclal instnutions

402 . i^d6trial Re i.n, Em?ieins P ddems

include: "fornal org.rnlsa.i..s such x n:rlc urr"n. md emp "ro. u sell as thcrulcs goveLnnig rheir inrcracrions, iriL ing industrial relarions svsrem, dreir regulations anrt

laws, anri rhe lnformal socjal rlechrnis,ns regrhting hbour mrrkers.

TRAINING

The ILO has anributed grear impo.rafice to training.'1hc Htrmrn Resour.es DcvelopmentConvention (No.142),1975 rcquires rht- raril,ving countru to adopt and dcvclop poli.ies aDd

progrmmes in collaboration with emplovers' rnd workers org:nnations, and to a-ssist al1 persons

on rn equal foornrg to doclop and ulilisc $cir iocadon:t proficicncl in their owr interesr odaccording to rheir isplratlons. 'l he Reconhendarion (No. 150) adoptcd dic samc year g rcs

,lerails of rhe princi/cs ol uaining. It deJs ulth vocational qu ance and trriohg * rvell rsoainlng in manrgencnr liurrions aerl sellenpiolmcnr, and l,roeummc; nr.tdcd tor q,ccificregions end specilic carcgorics oi rargcr groups. Ihe rraining activ,ties ot Li.O are Neniialh6ased on rhe guidelincs contanrcd io the Recomn,cndation.

The principal role c,f ll-t ) ir the lield of traning is that of an ad"neL. lr makes availabLe to

the govemnenrs, sociel panncr and public and prirate trainers, rhe se*ices of ns expcirs.training designs and aids in a varietr of training progLamnies such as vocational rrain,nqapprenticcship traniing, and drose for the unemploved, wornen and specirl r"rgct groups.

The lLO has ab exabl*hed the lnre.n.rrional Training tlcntrc at Tur in Italyr fllrCcnrLc is conurntcd ro the devcloprcnt of human resources brsed on the principle that 'tucnan itesrmem in hunan opaciv is rl,e mosr ellicicnt mcans ofsocial advrucemenl and ssurngrhefutureofdevelopirrgcountriesorrhoseinrransutun.'lhesubjc.sdctctnincdjontrlrl,vILO and $e Centre include: niinagenenr tralnirg, workers educarion. indurial rehriors.progrummcs 6r rvomen, health and safery, social securitv, and r on. '\Yirhin rhe UnitedNarions system, rhe 'lirrin Centie is norv rccognred as ar etrecdve meens ot improvnrg rhc co-

ordination beween the dif(renr a.tors involved in technical co operatlon."

IMPROVEMENT OF WORKING CONDITIONS AND WORKING ENVIRONMENT

For improving *orking .ondirions and environnienr ILO adopts in a co-ordinrted mannerv,trious means of action including inrernational srandards ol labour, studies and researcli,

collecdon od diftusins of inforuation md rechnical co-oper.rion. tur xppr..iable nu,rber olConvenritns and Recomrnendations aim at achieving the otjective. rhese have been discusedin some detail larcr in the chaptcr. Apm fLon persuading rhe member countries to applv rhese

randards, ILO makes available consultancy services ro counnies ma[ng Le,]uest, rnd devclops

naining acrivnies ro faciliute the actions of all involved.

DEVELOPMENT OF SOCIAL INSTITUTIONS

The lLOs progrrrlrmes in this spherc relrte ro, development of vorhex' and emploven'organisations, nnprovemcnt h labour lcgrlation and industial relarions, sorkcr' educaoon,labour :rdmiristr:rion, co-operarlves and rural instituriors.

Thc lntcmationJ nainirg Cerrre also organises special courscs for merr$cr of workers

orglnisrrions iron clifferent pans of the world.'Ihc ILO asshts countries in formuiati s and developing their labour policies aid labour

adminnrration ard ro hprove l.rbour inspecrior and enrploym€nr services. The role of ILO in

rhis resard I

The It_

disrribution

During

OTHER ACl

ot Indusdat (

l. Condn:or

2. Emplol,rn

3. Ernploym

1. Indusri,l

5. Social sec,

6. Irdusffial

7. Emplo'ml

8. Other spe

CONDITIONI

The Inrernarior

rvell as thertions and

'elopmentlicies andrll personsterest aldyear givesas weli as

rr specific:ssenrially

ailable roj exPerrs,

training,'ouPs.

taly. Thetat "such

assuring

rintly by'elations,

: United

i the co-

.IMENT

mann€tesearch,

mber ofiiscussed

,ly these

levelops

rloyersLcation)

vorkers

labourtLO in

Chapt€r 7 Inte,ndlond Dtmenson ol lndustrtal Reaton o 40jthis regard has been discussed in detail in further chapter. lt arso meets requests from thegovernmenrs for advice or technical assisrance in drafting labour laws, undenaking their revieu,sand adapting laws consistent with irs established principles.

The ILO supports and promorcs co-operarives as a means of reiieving poverq,, creatingemployment and generating income. In its programme relating to co operarives, it ..rco,,r"gesvoluntary membership, auronomous decision-making, democratic control, and.q,.,it"f,l.disrriburion of benefits and risks. The organisation collaborates wirh national

"o-oi.r".i r.

movements, nongovernmental organisations, governmenrs) and organisations of employers andworkers in formulating and promoting these objectives. It provides advisory and informationservices in regard to leeislarion concerning co operatives and human resource developmenr.an.l extends technical cooperatiou.

During more recenr years, the development of rural institurions has received specialatrention of ILo. Many activities of the organisation such as establishment of internarionalsrandards of labour, employment promorion, training and technical cooperation have givenparticular amenrion ro the development of rural institurions and informal sectors.

OTHER ACTIVITIES

Some other activities of ILo relete ro such areas as: promorion of universal respect for theobservance of human righrs and rights at work; undertaking regionai programmes; establishmenrof Industrial Committees; undertaking special programmes for specialiy handicapped groupsof workers such as children, women, migrants anci disabled; and establishing Jl"bo".".ionwith other internationai organisations having a bearing on its policies

"r,d prog."-me..

As on March 31,2002, ILO had adopred 185 Conventions and 193 Recommendations.The details of the convcntions and Recommendations have been discussed below under suitableheads.

Conditions of work, including hours of work, weekJy rest, holidays with pay and wages;

Employment of children and young persons;

Employmenr of women:

Industrial health, safery and welfare;

Social securiry;

Industrial relationsr

Employmenc and unemployment; and

Other special categories.

CONDITIONS OF WORK

The Inrernational Labour organisation has devoted continued artention to the workingconditions of rhe labour at work places including hours of work, weekly rest, holidays wirh pjprinciples and methods of wage regulation, and labour administration and inspection. A largenumber of conventions and Recommendations covering these work conditions have beenadopted by the International Labour Conference.

404 e lndustnal Reations, Emerglns Pa'edisms

Hours of Work(a) Industrlt: The Hours of \(ork (lndustry) Conventiou (No-1) adopted in the first session

of the International Labour Conference in 1919 relates to hours of work in the industry.

The Convention lin.rirs the hours.of s'ork in industrial undertakings ro 8 ir thc dav and

48 in the week. It provides certain exceptions in respect of persons holding positions ofsupervision or management, and those employed in confidenrial capaciry. The working

hours may be exceeded in certain cases (for example - in case of accident or in case ofurgent work to be done to machinery or plant or in continuous Processes, subject to

certain condirions). The Convention contains speciai provisions lor countries where the

48 hours work might be inappiicable. India ratified the Con"'enrion in 1921' on getting

a spccial relaxatkrn.

(b) Mines: The, Hours of !7ork (Coal Mines) Convention (No 3l),1931, subsequently revised

(.)

by Hours of Work (Coal'Mines) (Revised) Convenrion (No.64), 1935, regulares hours ofwork in coal mines. The time spent in the mine by the workers employed in underground

and hard coal mines is not to exceed 7 a.rd. 314 hours in a day. However, in case ofunderground lignite mines the time spent in the mine may be prolonged under certain

conditions by a collective break ofnot more than 30 n.rinutes. Hours ofwork in open

hard or lignite mines ate not to exceed 8 in the day or 48 in the week.

Road tansport: The Hours of !flork and Rest Periods (Road Tiansport) Convention(No.67),1939, prescribes rhe hours ofwork ofprofessional drivers ofroad transPort vehicles

to 8 in a day and 48 in a week. Time spent in work done during running titne of the

vehicie, time spent in subsidiary work, periods of mere attendance and breaks of rest and

interruptions of rvork are to be inciuded 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 lWork (Road Transport) (Recommendation) (N0.64), Methods

of Regulating Hours (Road Tiansport) Rec.(No.65), and Rest Periods (Privare Chauffeurs)

Rec.(No.66), all adopted in 1939, deal with night work, merhods of regulating hours ofwork, and rest periods, respectively o[ private chauffeurs.

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 comniercial

and industrial establishments. It provides cefiain excePtions on prescribed conditions. The

spreadorer, howevet is nor to exceed 10 hours in any day. The Hours of Work (Thearres,

etc.) Rec.(No.37),1930,Hours of Vork (Hotels, etc.) Rec.(No.38), 1930 and Hours ofWork (Hospital, erc.) Rec,(No.39),1930 also concern with limiting the hours cf work.

Other establisltmetls. 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 navigarion (Recs. 7,8).

Conventions prescribing 40 hours a week were adopted in 1935. The principle of40hours a week was embodied in these Conventions mainly as a result of the existence ofwidespread unemployment at that tim€ and it was considered desirable to reduce hours

of work in a1l forms of employment so that workers might be enabled to share the benefit

of rapid technical progress.

(d)

(.)

Weekly Rr

Thc lWeekl

employed irrest amoul1!'1ay li,l9

The lemploymenr

Air article c

weekly rest

Holidays r'l'he Holida6 working <

be less thansickness are

industrial a

for the trea

boarding h,

amusements

by the HoliCon.(No.l01but the autparticuiars.rvas adopte<

The l

Rec.(No.93)pay. Recc,rr

Convehtior

Recon

should be oa period of<

Persons exc

minimum a

rvith the sa,

Wages

The Internrdealing witl

(r) Protee

Protecregula.

only tagreeI]

notesr

'st sesslon

:indusrry.: day and

)sitions ofr workingin case of;ubject towhere the

)n gefting

tly revised

s hours ofdergroundin casc of.er certaink in open

rnvention,rr vehicles

rne of therf rest and

:s of 'Work

dards was

Mbthodslhauffeurs)

3 hours of

r (No.30),

employedcmme rcialtions. The(Theatres,

Hours off work.

rs of work9), fishing

iple of 40<istence ofluce hoursrhe benefit

Ch"pter 7 l"te,natona Di*e"sion of l"dusi,ial Reldtion . 405

Weekly Rest

The \Teekly Rest (lndustry) Convenrion (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..,t l-orln,ire to et Ieest 14 consecutive hours'" Iirdia rarified the Convention on

May 11,1923.

The Hours of .r,ork (C.oal Mines) Convenrion (Revised) (No.46),1935 prohibits tire

employmenr of miners on underground work in coal mines on Sundays and legal public holidavs.

Ah article of Hours of Work and Rest Periods (Road Tiansporr) Con (No 67),1919 provides

rveekly rest o[ at least I 30 consecutive hours for road transport travelling stafl

Holidays with Pay'I'he Holidays with Pay Convenrion (No.52), 19j(r fLes thc lcngth of holidays ar not less dratr

6 working days after a ve:lr's service. and for persons under 16, the annual holidays are not to

be less than 12 working days. Pubiic and customary holidays a[d ioterruptions ofwork due to

sickress are nor to be included in the annual holidays rvidr pa} Tire Convention applies ro

indusrrial and commercial establishments including newsPaPer undertakings, establishments

for the treatment and care of thc sick, infirm, destirute or mentally unfir; hotels, restaurants,

boarding houses, clubs, cafes and orher refreshment houses; theatres and places of public

,-rr.-.,,,r, and'mixed commercial and industrial establishments The Convention was revised

by the Holidays with Pay (Revised) Con.(No.132),1970. The Holidays with Pay (Agriculture)

ion. (No.lgl),1952 lays down the principle of granring holidays rvirh pay to agricultural workers

but the authorities ol .ach counrry are free ro decide the length of the holidays and other

parriculars. Another. Convention, nan.rell Aflrual Lcave u,ith Pay for Seafarers Cor. (No. 146)

was adopted in 1976.

The Holidal,s with Pay Rec.(No.47), 1936, Holidays with Pay (Agriculture)

Rec.(No.93), i 952 and Holidays with Pay Rec. (No.98) 1954 also concetn with holidays with

pay. Recommendation No.47 defines certain poiuts covered under the Holidays with Pay

Convention (No.52), 1936.

Recommendation No.93 lays down that, the minimum length of rhe holidays with pay

should be one working week for aduks and rwo working weeks for persons under sixteen after

a period ofone Year's, continuous service. Recommendation I'Io.98, which applies to a1l employed

p.r.on, .*..p, seafarers, agricultural workers or persons in family undertakings, prescribes

-inirn,rln annual holidays with pay of two normal working weeks after one year's employment

with the same ercployer.

Wages

The Internarional Labour Conference has also adopted Conventions and Recommendations

dealing with the protection of s'ages and methods of minimum rvage regulatiott'

(a) protection of uLages: The Protection of wages Conventiolt (No.95),1949 deals rvith tirc

protection of wages. The Convention provides that wages payable in monev must be Paid

iegularly in legal tender direcrly to the.,vorker concerned and deductions may be permited

o.,ly,r.rd., condilions and to rhe extenr prescribed by national enactmerrs or collective

agreements or arbitration awards. It also prohibits Paymenr in the form of promissory

,rot.r, rrorr.h.r, or couPons. The Protection of Wages Rec'(No 85) which was also adopted

406 . lndustria Rel.tions: Eme.sins pdddisms

rhe same yeat conrains derailed rules in respecr of deductions liom Wages, fixation ofwage periods, maintenance of wage sratements and pay_roll records_

(b) Minitnum wages: ^fhe Minimum r{/ages Fixing Machilery Convention (No. 26)1!2g,which has been ratified bv India, provides for the creatio, of, *,,g. fixing machinery inccrrain trades. fhe (lonve'ticin requires consuitation rvith the ..p.es.ir"tiu., of th.employers and workers before such a machinery is applied in a rrade and ir imgoses anobligarion olt the ratifying counrries to associate both, the employers and workers in rheoperation of the machinery. The minimum wages fixed by trre machinery are to be bindingon employers and workers. The Minimum Wage Fldng Machinerv Rec.(No. 30) was alsladopted the same year. The Recommendatio., req,,ire, such a machinery to investigateinto the conditions ;elevanr to rhe trades and to corrsult rhe rffccted int"."rt, b"io..fixing minimun wages. Anorher Conventior.r, namely, the Minimum Wage Fixing Con.(N 0.131) wirh improved standards was adopted in 1920.

. The Minimum lVage Fixing Machinery (Agriculture) Convention (No. 99), l95l prescribesrhe creation and mainrenance of adequate machinery for the fixation of minimum rates oflages

for workers employed in agricultural underrakings and related occupations. The Minimumri{age Fixing Machinery Rec.(No. 89), 1951 also deals with minimum wages regulation inagriculture.

Labour Administration and InspectionThough most of the Conventions adopred by the ILO Conference contain provisions ofenforcement, a few conventions and Recommendations dear excrusiverv rvith the problems oflabour adminisrration and inspection. The Labour rnspeoion convention (No. g1), r947requires the governments to maintain_ a system of labour inspection for rhe purpose of securingthe enforcement of legal provisions relating to condirions of work and rhe p.otectio,l of *orkeriwhile engaged in their work, supplying technical informarion and advice to rvorkers andemployers and bringing to the notice of the competent authorities, defects or abuses not coveredby law. India ratified the Coayention on 7 apiil 1949. The Labour Inspecdon (Agriculture)con- (No. 129), 1969 deals with labour inspection in agriculture. The Labour AdministrationCon. (No. 150) was later adopted in 1928.

- The Labour Inspection Recommendation (No. 20), 1923 deals with the details ofschemesfor labour inspection. The Labour Inspection Rec. (No. gO), 1946, the Labour InspectionRec (No Bl), 1947, and Labour Adminisrration Rec. (No. 150), r97B arso deal wirh theproblems of labour adminisrration and inspection.

EMPLOYMENT OF CHILDREN AND YOUNG PERSONSThe Internarional Labour Conference has adopted a number of Conventions andRecommendations dealing exclusively wirh the employment problems of children and youngpersons. Besides, a number of orher Conventions and Recommendarions relate directlv oiindirectly with the conditions of youth. Srandards affecting rhe emproyment .onai,io^ oichildren arrd young peruons relare ro minimum

"ge of employ-merr,, prohibi,ion of employmenr

of children and young persons in certain hazardous o.cupations, medical examination,',rightwork, and preparation For employment.

Minimur'fhe MinCon.(No.,(Non IndCon.(No.tthe industr

rwise d resp

Age (Sea) t

(Revised) (to 15 years

and. Srocke

of young p,

Minimum.in undergrCion.(No.l.

Medical IThe MedicrPersons (lnC)ccupatiorCon. (No.1

Con.(No.1ifor employprocedures r

provide thatfit on exarn

borne by tlNight'Wor

The Internarestricting rrhem with :

recreational

The Nratified byunderrakingrare not to binterval betrrPersons (Increst lor yournot ro wori<ratified by Ir

The N(No.79),194

fixation of

. z6)t928,rchinery inives of themPoses an

kers in rhe

be bindingC) was also

investigate

:sts beforeixing Con.

. prescribes

m rates ofMinimum

;ulation in

visions ofrobiems of8t), 1947

:f securing

of workersrrkers andot covered

griculture)Linistration

rf schemes

lnspectionI with the

:io ns andrnd younglirectly orditions ofrploymention, night

Cldpt€r 7 liie,.diiondl Didens;n ot tidustrial Rel.tion . 4OZ

Minimum Age of Employment

The Mininum Age (lndustry) Convention (No.5), 1919, the Minimum Age (Sea)Con. (No.7),1920, rhe Minimum Age (Agriculture) Con.(No.l0),1921, the Minimum Age(Non-lndustrial Ernplovment) Con.(No.33),1932, and rhe Minimum Age (Fishermen)Con.(No.l12),1959 provide a general minimum age of i4 years for admission ro emplol,rnent inthe industries covered bv rhe clonvenrions. Conventions Nos.5,7, and 33 r.ere subsequentlyrevised respectively by the Minimum Age (lndustry (Revised) Con.(No.59), 1937, the MinimumAge (Sea) (Revised) Con. (No.58),1936, and the Minimum Age (Non Industrial Employment)(Revised) Con.(No.60),1937. 'l'he revised Conventions raise the minimum age of employmentto 15 years. Convention (No.5),1919 has been ratified by India. Thc Minimum Age (Tiimmersand. Stockers) Con.(N" 0.1i),1921, u4rich has elso been ratified by India, prohibits the employrentof voung oersons under 18 years in the hazardous occuparion of rrim'rer a,,d stocker at sea. TheMinimum Age (Underground Vorh Con.(No.123),1965 regulares minimum age of employmentin underground operarions. lndia ratified the Convention in 1975. The Minimum AgeCon.(No.138),1973 contains improved standards of minimum age of empioyment.

Medical Examination

The Medicai Examination (Seafarers) Convention (No.73), the Medical Examination of you.gPersons (lndustry) Con.(No.77), rhe Medical Examination of Young Persons (Non-lndustrialOccupations) Con.(No.78), all adopted in 1946, the Medical Examination (Fishermen)Con.(No.1l3),1959 and the Medical Examination of Young Persons (Underground \Work)Con.(No.l23),1965 concern with medical examinarion ro determine the fitness ofyoung personsfor emplovmenr. The Medical Examination o[Young Persons Rec. (No.79),1946 suggestsprocedures fol applving the provisions of Conventiorr Nos.77 and 78. The Conventions mainlyprovide rhat young persons upro i8 years shall be employed only after rhey are declared physicallyfit on examination by a medical pracririoner. The cost of the medical examination is to beborne by the employer.

Night W'ork

The International Labour Conference has adopted a few Conventions and Recommendationsrestricting nighr work of children and yourlg persons mainly with the purpose of providingthem with adequate rest, reducing rheir latigue and ensuring adequate time for their normalrecreJtional and , ulrural acriviries.

The Nighr Vork of Young Persons (lndustry) Convention (No.6),1919, which has beenratified by India, prescribes resrrictions on night work of young persons in industrialundertakings. The Convention provides that childrcn and young persons under l8 years of ageare not to be employed for work at night for a period of 11 consecutive hours including theinterval benveen 10 p.m. and 5 a.m.'fhe Convention was revised by the Night \Work of youngPersons (lndustry) (Revised) Con. (No.90),1948 which extends the period of uninrerruptedrest for young personi under 18 from 1l to 12 hours. Young persons under 16 years of age arenot to work between 10 p.m. and 6 a.m. The revised Convention (No.90) has also beenratified by India.

The Nighr lVork of Young Persons (Non-lndustrial Occupations) Convention(No.79),1946 regulates night work ofyoung persons in non-industrial occupations. The

408 r lntusrrial Relations: Emereins Paradisms

Convenrion provides drat children under i4 vears of age are not to be employed for work ar

night during a period of at least 14 consecurive hours The same provision is applicable in case

of children over 14, who are subject to fulI time compulsory school attendance. Young persons

under lg and children over 14, rvho arc not subjecr to compulsory school attendance, are not

to be employed ar nighr during a period ()1-ar leasr 12 consecutive hours. The Nighr work ot

Young Persons (Non-lndustrial Occupations) Rec. (No.80),1946 lays dou'n the details and

administrative procedures to be follo'wed in respect o[ the Convention

Preparation for Emplol'rne nt

A number of Recommendations deal "tith thc probiem of preparation for the empiovment of

chilclren and l,oun€! pefsons. Notable Recommcndations are: \bcarional Educarion (Agriculture)

(No. 15), 1921, Unerl1ployment (YouDg Pcrsons) (No.'15).19.i5, Vocationai Educarion

(Building) (No.56),1937. Vocarional Training (No.57),lg3g Appreoticeship (No 61),1939,

the Employment (Transirion from war ro l,eace) (No.7l),1944. and rhe vocational Guidance

(No.g7i,1949.'Ihe Recommendations are based on the principle that voung persons should

have free access to rhe available training courses designed to meet the needs of both, voung

persons and the economic, and social conditions of particular counrries. The training courses

are to be co-ordinated with the activities of the authorities responsible for employment poliry

and education and ar the same time, financial assistance has to be rnade available to young

person. receiving training for vocaricn.

Apart from the Convenlions and Recomrnendations listed above, a number of conventions

and Recommendarions apply equally to young and adult worLers. Mention may be made ol'

those dealing with hours of work, weekly rest, annual holidays with pa,v, indusrrial health

safery and welfare, Iabour inspection and employment services.

Worst Forrns of Child Labour

In 1g99, the International Labour Conlerence adopred the worst Forms of Child Labour

convention (No.182) and Recommencation (No.190). The Convention requires the ratifring

Member Srares to take immediate and effective measures to secure the prohibition and

elimination of worst forms of child labour as a matter of urgency. The worst forms of child

labour comprise: (a) all forms of slavery or pracrices similar to slavery; (b) procuring or offering'

a child for prostitution or pornography; (c) using, procuring or oftering a child for illicit activities

,,r.h ", tr"ffi.kirtg; and (C) work likely to harm the health, safety or morals of children'

Recommendatiou No. 190 supplements the provisions' of the Convenrion'

EMPLOYMENT OF WOMEN

Though most of the Conventions and Recommendations adopred by rhe ILO Conference

apply equally to men and women workers, separate standards have also bcen created exclusively

"ii..ting,h. wolnen workers. The Conventions and Recommendations adopred to regulate

condirions of employment exclusively of rvomen wori<ers deal rvith materniry protection, night

work, employment in unhealthy processes and equal pay.

Maternity Protection

The first convention dealing with materniry protecrion was rhe Marernirl Protection Convention

(No.3), 1919 which was subsequently revised by Convention (No. 103) adopted in 1952'

r nc l\ td rean

irnmediatelyro q,orl< forpL,riod shoult'eceive cash

is not to be(Agriculture)

ernployed inNo. i 03. andaa5e a womaloi lnaterrtityshould be prIeasr an houror during ni1

MaterniCon. (Revise<

N4ember Statrobiiged to peris enritled to r

6 weeks' comlcase of illnesswill be in accr

2/lrds o1' theemployment c

ensure that n

breastfeeding r

work to breas'the appropriat,benefit. The lmedical benefi

Night WorkThe first ConrNight ITork ('

(Revised) CorConvention (1

Convention Nror private ind"consecurive h<

to India. authcConvention. TIin agriculture I

4l excludes frorengaged in marbetween 1l p.r

:d for work atrlicable in case

Young persons

dance, are nor

'Jight lVork of.re details and

mployment of:r (Agriculture)

ral Education(No.61),1939,

rnal Guidancerersons shouldf both, youngaining courses

oyment policyable to young

,f Conventionsry be made ofustrial health,

Child Labours the ratilyingrhibition andbrms of childing or offeringillicit activitiesi of children.

) Conferenceted exclusively:d to regulare)tection, nighr

'n ConYention>ted in 1952.

Chapter 7 lnternatiooal D,m-'." .l "dust'ial

Relatlon o 409

The Maternity Protection Con. (Revised) (No. 103),1952 deals with materniry protectionimmediately before and after child binh. It provides that no woman worker should be required

to work for ar least twelve weeks at the time of her confinement and at least six weeks of this

period should follow the birth ol the child. Such a woman rvorkcr shotild also be entitled toreceive cash and medical benefirs as a mamcr ofright by social insurance or public funds, and

is nor to be discharged during the peliod of her maternity leave. The Maternity Protection(Agriculture) Rec.(No.12), 1921, applies the principle of the Convention to women workers

employed in agriculture. The Materniry Protection Rec. (No.95), t 952 supplements Convention

No.l03, and provides that the period of marerniry leave may be exlended to fourteen weeks incase a woman s health makes such an extensiofl desirable. It further provides that the amount

oi rnateniry benefir shoulcl bc at par uith the earnings ofthe q'oman and her seniorirv right

should be preserved during the maternity leave period. The breaks ior nursing should be ar

leasr an hour and a half daily and the pregnant woman should nor be allowed to work oveftime

or during night.

Materniry Protection Convention (No.183), 2000, which revises the Materniry Protection

Con. (Revised), 1952, contains improved standards relating to materniry benefit. The ratif,ingMember State is required to take steps to ensure that pregnant or breastfeeding women are not

obliged to perform work which is prejudicial to the health of the mother or the child. A woman

is entitled to marerniry leave for a period not less thar 14 weeks which will include a period of6 weeks' compulsory leave after childbinh. She is also entided ro a further period of leave in the

case of illness or complications arising out of pregnancy or childbirrh, the duration of which

rvill be in accordance with the oarional lau'and practice. The cash benefit is not to be less than

2/3rds of the woman's previous earnings. It will be unlawful for an employer to terminate the

employment of a woman during her pregnancy or absence on leave. Steps should be taken to

ensure that maternity does not become a source of discrimination in employment. Thebreasfeeding mothers are entitled to one or more daily breaks or a daily reduction of hours ofrvork to breasdeed her child. The rarifying Member State is required to examine periodically

the appropriateness of extending the period of materniry leave or increasing the amount of cash

benefit. The Maternity Protection Rec.(No.191),2000 specifies details relating to cash and

medical benefits, health protection, nursing breaks, and so on.

Night VorkThe first Convention dealing with prohibition of employment of women during night was the

Night Work (Women) Con. (No. 4),1919.lt was superseded by the Night Work (Women)

(Revised) Con.(No. 41),1934, which was revised by the Night Work (Women) (Revised)

Conventiorr (No. 89), 1948. Convention Nos.4,41 and 89 have been ratified by India.

Convention No.4 places a restriction on rhe empioyment of women during night in any public

or private iodustrial undertaking- The ConventioB defines "night" to signify a period of"consecutive hours including the interval berween l0 p.m. and 5 a.m." A special article relating

to India, authorizes it to exclude undertakings other than factories from the provisions of the

Convention. The mdn provisions of the Convention were extended to women workers employed

in agriculture by the Materniry Protection (Agriculture) Rec.(No.l2),1921. Convenrion No.

4l excludes from its scope, women who hold positions of management and are not ordinarily

engaged in manual work. It also authorises the competent authorities to substirute the interval

between 11 p.m. and 6 a.m. lor the interval between 10 p.m. and 5 a.m. Convention No.89,

410 . lnJust,isl Reldtiois, Eme,eiry pdrddisms

also in tbrce, in rndia. provides for a minimum resr period .f at least r I consecutive hoursincJuding an inrervai of ar least seven..hours frlling bln ""n i0 p.o. and 7 a.m. The NightrWork Convention (No. l7l) (prorocol) rv", "dop.Jd in 1990.

Employment in Unhealthy processes

I hc. Whire Lead rpainriner Lonvenrion {No. IJr. lq2l prohibir. rne u,e of uhir< le.rd or'ulphare oflead by women in indurrrial.painring. Arorh., .i,,..r,,"n rr.rmeJy. rhc Underground\Work (l*omen) (No.45),1935, which has beei ratified Uy t,rli", tor.,,a, the employmenr of:::::-j. Tl

H:d of underground mining. Exception, -ry b. made in respect of womenemploved on cerrrin non-manuaJ ur non indu\ttral wor.. Ior in.rln.c. m;nagc,iaJ .ralL,raffo[health and welfare service. A. Recommenciation (No.4), 1919 firrbids the emplovnrcnr of womenin a number of indusrrial processes involving proximitv ro ]e:r<l and zinc.

Equal Pay

The Equai Remunerarion convention (No.r00),r951. which has been ratified by India, calrsFor equal remuneration for nen a1d w1rn11, for work of .l*i,"f* The principle may beapplied by narional Iaws or regurarions. regalrv e',rabrishrd or a re( ogni,,ed rnachinery ror fixinswages,- collective agreemenrs or by a combination of these ,nethodJ i. ,r*i il;;"..#Rec'(No 90) suggesr various procedures to be followed ro. ",,*.i,rg a progressive inrroductionof rbe principle. Discriminarion^(E-,p!I-*, *a O.."fr,i"rl Convention (No.lll) andRecommendation (No. Ill), 1958 and \Workers with n"*iif n

"rp"r.iUilities Con.(No.l45)and Rec.(No.165),1981 also concern women.

HEAITH, SAFEry AND WETFAREIn promoting the interests of labour in the fields of health, sal-et1, and welfare, ILO has hadrecourse ro a variery of methods, flor example, inrernariona] ,.g.rlrriorrr, model codes, techniJmort,ographs on dangerour machinery. ;nd as(isrance ,o g'or.rn,n.nr. rn drafrinp srleryregularions. and so on. Conrenrions and Recommenda,i.r? i"-,i.." i.r;, :r;;:.,._;;:;:1principles concerning the prevention of accidents

"nd ah. pro...,io. of health of rhe workersand also indicate the special requirements of p"rti.ul"i irrJ,rl,ri., and processes. TheseConventions and Recommendarior.,s m"y be discussed ;;;";.;;;.r,. sub_heads.

Safety

The Prevention of Industrial Accidenrs Recommendarion (No.3r),r929, the power,drivenMachinery Rec. (No.32),1929, and. the Labour Inspecrion n... fN".ZOt, f gZa deal with generalproblems of safety' Recommendarion No.31 p.o,rid.. in a.oii, J. merhods of co-operationbetween stare inspectorates, employers

",rd io.k.rrl .rg""rr",,"", and other bodies in theprevenrion of accidents. It also prescribes the general p"rinciples ro be ernbodied in safervlegislation. Recommendarion N,,.32 lays do*., ihrt d;;;.; ;;,;ffi .;,;'#i:installed unless it is furnished *ith rhe safety

"ppliair.e. ."0",..J t, i"*'zu;;JJ;T?:19

O-',0.i,*ar rhe princrpal fu,r.tio. oi tlr" irrrp.",iorr'ry*.=- should be ro secure rhe

::'l:::.,1.,1: :l raws"and regularions relating to conditions of work and protecrion of workersInctud,ng marters ot satery and health. particular industries or processes in respect of whichConventions or Recommendations Loncerning safery have U...r rdip,.a include: docks, markingof weight, building construcrion, and coal ,rii.r. T'h. frl*f."g "iV.rgirt (packages Tiansponed

by Vessels) r

tonlle or Inweighr plair

Othertrl axirnumCon.(No.l5in Constru,(No. 17 4),

A com2001. k reqcoherent nataccidents anr

eliminating,Convendonand ergonorrand protecti<

hazardous wrtime arrangrHealdr in A1

spells out detmeasures an(

Industrial IA few (lonve

diseases andLead Poisonr

Lead (Paintirby India, H1(ratified by(No.147),19ConstructionRec. (No. I 77

Recomrinfeoed withentry. Recomand providesirse of lead c

RecommendaThe Vhite L,Jead and ,all pr

Eovironmentadopted in 1l

The Labof Governmen

lsecutive hours.m.. The Night

' white lead ore Underground:mployment ofpect of womenial staff, staff ofotent of women

by India, calls'inciple may be

inery for fixingRemuneration

ve introductionn (No.1ll) andCon.(No.146)

:, ILO has had:odes, technicalJrafting safetyiuggest generalof the workers

ocesses. Theseds.

: Power-driven,al with general

rf co-operation' bodies in therdied in safetyshould not be

commendatione to secure theion of workers,spect of whichdocla, markingges Tiansported

Clapt€r 7 lnterndtioial Dmensio,i ot lndunidl Re.tion . 4l I

by Vessels) Con.(No.27),1929, rvhich has been ratified by India, requires erery package ofonetonne or more gross weight cor-isigned for transport by sea or inland rvater ro have its gross

weight plainly or durably marked on the ourside, before it is loaded on a ship or other vessel.

Other conaentions rchting to safety are: Guarding of Machinerv Con-.(No.119),1963,

Maximum \fleight Con.(No .127),1967, Occupational Satity and Health (Dock \Work)

Con.(No.152),1979, Occupational Safery and Health Con.(No.1i5), 1981, Safety and Health

in Construction Con. (No. 167),1988, Prevenrion of Major Industriai Accidents Con.(No. 17 4), 1993, and Safery and Health in Mines Con.(No.176),1995.

A comprehensive Salery and Health in Agriculture Convention (No. 184) u'as adopted in

2001. It requires the ratifring Member Srate to formulate, carry out and periodically revierv a

coherent nariooal policv on safetl.and health in agriculturc. The policl'should aim at prevenring

accidents and inju4, to heaith arising out of, linked with, or occurring in the course of, work bv

eliminating, minimizing or controlling hazards in rhe agricultural t'orking environment. The

Convention prescribes standards relating to preventive and protective measures, safery machinery

and ergonomics, handling and transporr of materials, management of chemicals, animal handling

and protection against biologicai risks, agricultural installations, employment of young workers,

hazardous work, remporary atrd seasonal workers, welfare and accommodation lacilities, working

time arrangement, and coverage against occupational injuries and diseases. The Safery and

Health in Agriculture Recommeodation (No. 192),2001, which supplements the Convention,

spells out details concerning occupational safery and health surveillance, Preventive and Protectivemeasurts and provisions relating to special categories of workers.

Industrial Hygiene and Health

A few Conventions and Recommendations seek to prorect workers againsr certain occupational

diseases and health hazards. These include: Anthrax Prevenrion Recommendation (No.3),

Lead Poisoning Rec.(No.4), !(hite Phosphorous Rec.(No.6), all adopted in i919, WhiteLead (Painting) Con.(No.13),1921, Radiation Protection Con.(No.115),1960, also ratified

by India, Hygiene (Corr'merce and Offices) Con.(No.120),1964, Benzene Ccin (No. 136)

(ratifiEd by India) and (No. 144) 1971, Occupational Cancer Con. (No.139) and Rec.

(No.147),1974, Asbestos Con.(No.162) and Rec.(No.172),1986, Safety and Health inConstruction Con.(No-167),1988, and Safety in the Use of Chemicals Con.(No.170) and

Re c. (No.177), 1990.

Recommendation No.3 suggests making arrangements for the disinfection of wool

infected with anthmx spores either, in the country exPortiog such wool, or at the Port of the

entry. Recommendation No.4 deals wirh the Protection of workers against lead poisoning

and provides that the employment of women and your-rg persons il processes involving the

use of lead compounds be permitted only on the adoption of certain health precautions.

Recommendation No.6 prohibits thc use of white phosphorus in rhe manufacture of matches.

The White Lead (Painting) Con.(No.13),1921, forbids the use of white lead and sulphate oflead and all products containing rhese pigmenrs in the internal painring of buildings. lWorking

Environment (Air Pollution, Noise and Vibration) Con.(No.l48) and Rec.(No.l56) were

adopted in 1977.

The Labour Inspection (Health Service) Rec.(No.5),1919 deals wirh the establishmenr

of Government Health Services specially for safeguarding rhe health ofworkers. The Protecrion

412 . lodust'dl Relatrons Emeryins Paralisms

of Workers' Health Rec.(No.96),19 53 relares to the prorection of health of workers in piaces

of employment and covers a wide range of health aspects including health hazards, medical

cxaminations, notification of occupational diseases and Ihe plovision of first aid facilities.

'Welfare

The ILO has taken recourse to a nurnber ,rf a.tivicies in promuring the welfare of workers. Two

Recommendations deal with various aspects of workers' welfare. The Utilization of Spare Time

Rec. (No.21),1924 deals with the principles and methods for securing the best use ofthe spare

time of rvorkers. The Living-in Conditions (Agriculture) Rec.(No.16),1921 recommends rhat

measures should be adopted to regulate the living-in cotditions of agricultural x'orkers with

duc regard to the ciimatic or other conditions affecting agriculturai rvork. OthcrReconmeudations dealing rvith rvelf,u e are: \Xreifhrc Frcilirlc-' iNo. 101),1956 a cl Wc'rkc|s'

Housing (No. I 1i), 1961.

SOCIAL SECURITY'Ihe ]nternational Labour Conference has givetr serious attention to the problems of social

security againsr various risks ro which workers ate exposed A number of Conventions and

Recommendations deal with workmen's compensatiotl, sickness insurance, invalidity, old age

and survjvors' insurance, unemploymetrr provisiorrs. materniry prorection and general aspects

of social securiry A brief description of the Conventions and Recommendations dealing with

social securiry is given under suitable sub-heads below

'Workmen's Compensation

Conuentiotts dealing with worbmens' cotnpenstxtion arr. \(orkmen's Compcnsation (Accidents)

Convention (No. 17),1925, lWorkmen's Compensatiott (Occupational L)iseases)

Con.(No.18).1925, Equality of Ireatment (Accident Compcnsation) Con.(No.19),1925,\florkmen's Compensation (Occupational Diseases) (Revised) Con.(No.42),1934 and

Employment Injury Benefits Con.(No.l21),1964. The Recommendations adopted in this

fielci include: Workmen's Compensation (Minimum Scale) (No.22), \Torkmen's Compensation

$urisdiction) (No.23), \Workmen's Compensation (Occuparional Diseases) (No.24), and

Equaliry ofTieatment (Accident Compensation) (No.25), all adopted in 1925, and En.rployment

Injury Benefirs Re.. (No. l2l). Iq64.

Convention No.17 provides thar workmen should receive compensation for personal

injury caused due to industrial accident. Compensation for dearh or permanent disablemenr

should be in the form of periodical payments and iniured u'orkmen should be enrirled to

receive necessary medical aid. Reconmeudation No. 22 suggest\ certain scales ofcolnPensatio n.

Convention No.18, subsequentiy revised by Con. No.42, provides for the payment ofcompensation ro u'orkmeo incapacitated by cerrain occuPational diseases. ln che event o[ deat]r

resulting from such occupational diseases, compensation should be paid to the dependants ofthe deceased workmen. The Convention also lays dorvn that the rates of compensation should

not be less than those prescribed by national enacamenrs for iniury resulting fiom industrial

accidents. Convention No.19 deals with equality of treatmeot in ntarters of compensation.

Conventions Nos. 18 and 19 have been ratified by India.

Sickness .

'fhe SickrrCon. (No.irespectivellof a system

least rhe fisickness. Ircommencet

to be metConventiormcdical car

Invalidity

In 1933, tlthe miniminvalidiry <

5), Old-AsCon.(No.3and orherrConventiorof a quali;contributiopublic autldown the ,

lnvalidirythe same a

Unemplo;

The Unerirthe scheme

iaid downsatisfactionperiod whi,ProvisionsPromotionadopted in

Broader fi

Of late, thsocial secut

intdgrated 1

Standards)

including rinjury bene

Conventior

--t*:3

ff. Two

e Tiqr.9,

e spare

ds thairs withOther

{r rkers'

f social

'ns andold age

asPects

rg with

cidents)

seases)

t,1925,11 andin this

rnsation

4), andoymenr

,ersonal

)lemenritled toales of

nent ofrf death

Iants ofshould

dustrialtsation.

Chapter 7 lnternational Dl'tnslon of lndun'ial Relaton o 413

Sickness Insurance

,n. r,.n,,.r. lnsurance (lndustry) Conventiotr (No 24)' and Sickness Ttrsurance (Agriculture)

Con.(No.25), both adopted in tiii' d"ul rvith sickness insurance of workers ernployed

:;;:;,;i; i,t *a*,tt1'1na 'g'itultut"' Both rhe conventions recommend the establishment

ofa system of compulsory "t*""" irrtt''"nt" arld provirle for thc pevnletrt ofcash benefit for at

least the first 26 weeks "f in"apacity to i"'u'"i persons who are unable to work owing to

li.L"r.. i"**a p.,tottt 'r'outi "i'l bt -"'1" tn'itl"d tt' 1E66.1v6 free medical aid from the

commencemenr of illrress until .t-,. opl,y of rhe benefit pcrio<I. Th'e expenses of the scheme are

to be met borh by the trnpto""-Jni *otk"" Tht Medical Llare and Sickness Benefits

Convention (No. 130), "pptt'""ttJ U' Rec (No 134)'1969' plo'ides for higher standard-'

metiical carc and sickncss benefits'

Invalidity, Old Age and Survivors' Insurance

ln 1933, the lnternational Labour Conference adopted a series of Conveotions dealing rvith

the minimum con<litions ,r,", ..gi ro- t,. .o-pli.a with bv every scheme of compulso-ry

invatidiry, old age and t"'i"cl'' i"?"'"t" Th"'" "e' Old Age Insurance (lndustry) Con (No'

;i"-d;:G;ilt""*'fagi"rt.."l c" tN':O' lnvalidrrrlnsurance (lndustrv' a.d others)

Con.(No.38), Invalidiry r""""nt" iAgtiLrttu") Con (No-3b)' Survivors' lnsutance (lndustry'

and others) Con.(No 39) t"a-i"'j"ot"' lnsurance (Agri'ulmre) Con (No 40) All rhe

Conventions provide thatt't "g;t to p""t" '1"y.

qt to"litiotttl upon successf'rl complet'Lott

of a qualifying period which may alto in'ol'e\;'e Payment of a minimum number of

contributions. The expenses "i t;:-it;";,"t "t t bt ,,,tt by insured workers' employers and

public aurhorrties. tht lnu.rlid*v' ijia-'og" ",la Sut+t*':: il'-t-1*"* Rec (No'43)'1933 lavs

doun rhe derarl. L-r t thc ',hcnre t on"entio'r' \o''J( '10 rcr( 'uh'(qu(nllv '] "'':9 bt.,tl':

lnvalidiry Old-Age and S"'i'ott -gt"tl*t

Con (No 128)' l967 Reiommend"lo1i f'Je I-1r .f

,l-r","4" t"*. was also adopted the same year'

UnemploYment Provision

T'he Unemployment Provisions Convention (No 44)'1934 deak rvith unemployment insutance'

the scheme of which may bt tt;;;i;;;y' "olt"""ty or a combination of both The scheme' as

iaid down in the Convention'-;;;;;t for the payment of unemployment 'benefit

on the

satisfaction of certain .o,,ai.io,,l, if ,,....r"ry. TL"'d.,r"tiorr of benefit may be limited to a

oeriod which is not normally .;il-l;; ,h* i56 *o'ki"g days per vear' The Unemployment

i..,,risions Rec.(No.47),1934 d;;il ,fr.-..t .-t ol u"it'pioy'""t insurance Employment

Promotion and Protecrion ,g"i,rt. u"."rpr.rn.renr con (No 168) and Rec (No'176) rvere

adopted in 19 88

Broader forms of Social SecuritY

Of late, the International Labour Confercnce has devoted arteDiion to the broader forms of

sociai securiry "nd h"'

"tlopt"J-lr f"* Conutntiott' and Recommendations for developing an

integrated Programme rlf -ti'i"t*ity i" tht M"tber States The Social Securiry (Minimttor

Srandards) Convention (Nt ';;;'i;5;"

;tul' 'uith nin".diff"tent branches of social security

includins medical care,,,.k "rr";.;.1", un.-ploy--, benefit old ase benefit, employment

i,,i,,ru binefi', lamily benehc' maternirl benefic invalidiry ben'fi' '.,nisu''i'ors benefit Th<

3."J#; il;i;:, ;;;';'; :;';Jl'd'' to' "' l' or 'h' 'bou.- me.tiorred branche' or qoc ial

414 . l"dust.iai Relatiors: Emerqinq paradtsms

securiry in_relation ro rhe range o{: persons prorected, condirions of the right to receive thebenefit' and the rare and duration of benefits. The ratirying countries are aurhorized to maintainat leasr rhree out of the nine branches of social securiry.

The Income Security Recommendation (No.67) anrl rhe Medical Care Rec.(No.69)borh adopted io lL)44. deal rl,ith incomc sccurir,y and treclical .",e, ,"sp..tir.ly.Recommendarion No.67 suggesrs the cstai-,lishmenr oi an org.:nisation for income securityconsisting of a unified social insurance sysrem. Such an o.ga,,isa.on should funcrion incooperation with medical and unemploymenr services and should also be supplemented bya system ofsocial assisrance. Recomme.datioo No.69 dears with various ,r.r.thoi. oforg"r,iri,,ga comprehensive system of medical care which is urti,arery ro cover rhe enrire pnp"rr",;o.,1Thc Equality of -liearment (social securitv)Con.(No.1rgt,rsoz dears rvirh e,r,,"litv nftrcatmenL in extending social securin. bencflts. The Vlainrenancc of Social Sccuritl, RighrCon.(No.157),1982 deals with social security rights.

INDUSTRIAL RELATIONS

Fron.r its inception, ILO has gi'en attenrion to the q*estion of,freedom of association, and'harmonious industrial relarions' ]t has conducted , rrumb., of studies covering rhe probremsof freedom of associatiorr, collecrive bargaining, conciliation and arbitration aid -ethods ofIabour ttanagement cooperation. Besides, a few Con.,enrions and Recommendations have alsobeen adopted on these subjects. The relevant Conventions are: fught ofAssociation (Agriculture)0'.lo.l1),1921, Freedom of Association and protection of the fu[ht to Organise (No.87),194g,Right ro Organize and Collective Bargaining (No.98), t-949, Coliecrive O".g"ini,rg(No.154),l9Bl, Rural \Workers' Organisarions (No.l41),1975 and.lripartite Co,,.u'itu,iorl(lnternational Labour standards) (No.l1+4),1925. The Recommendations include: collectiveAgreemenrs (No.91),1951, Voluntary Conciliarion and Arbitration (No.92),1951, CollectiveBargaining (No.163),1981, Consultarion (lndustrial and National Leveis) (No.ll3),1960,and Co,operation ar the Level of the Undertaking (No.94),1952.

Convention No.l l, N,hich has been ratified by India, deak with the righr of associationof agricultural workers and requires rhe rati$ing countries ro secure ro all agrlcultural workers,the same right of association and combination, as available to indusrrial workers. conventio,No 87 lalis down that workers and employers sha have trre right ro esrablish and to joinorganisarions of their own ihoosing without any previous authoriiation. The organisationJ areto be ieft free to frame their constitutions and rules, to form a scheme of adminis-tration and toformulate their programmes and the public authorities are required to refrain from making anyinterfere,ce lt also affirms their right to estabrish joint confederation and ro affiriate withinternational organisarions.

convention No.98 deals with rhe pri.ciples of right to organise and bargain co ectivery.It provides that workers should enjoy ad"qu"r" pio,".,io,i ,g.i,,"r a.,."of ",r,i_,.,,.,io,,discrimination with respect to their employmer,,

"ni ...o--.rrds'the adoption of measuresto encounge and promote voluntary negotiations berween employers

"r,d *o.iar., organisations

for regulating terms and conditions of employment by -."n, of collective "gr..-.ir,..Recommendation Nos.91 and 92 deal with the creation of a machinery for negotiating,

conducting, revising and renewing collective agreemenrs, and provide for the establishment ofmachinery to help in voluntary conciliation of industrial disputes. Recommendation No. 94

relares toundertakincollective Iconditionsinclude: LExaminati<

EMPLOYI\

A numberemploymercerrain tvpr

Employm,

fhe emplo,

by India, pr

of rhe mearvith the miand regiona

EmploymerAgencies (R

agencies whprofit, Con.

TheRec.(No.83from war tc

Forced Lal

The Fqrcedfor the abol

labour is ncprofit, to us

and welfarrRec. (No.35provisions o

PubIj

l'he tRecs. (las a lneas,

co-ordinatioof reservingRecommendr

a suitable tinin the volumworks policy

o Ieceive theI to maintain

Rec.(No.69)espectively.cme securityfuncrion in

lemented byof organisingpopulation.equality of

curity Right

,ciation'and:he problemsmethods of

,ns have also(Agriculture).1o.87),1948,

B argai n ingonsultations:: Collective[, Collective,.r 13),1960,

f association

ual workers,Conventionand to joinoisations are

adon ard romaking anyffiliate rvith

collectively.aDti-unionof measures

rganisationsents.

negotiaring,lishment ofion No. 94

Chapter 7 itematio.al Dhension ot lndust,ial Relation o 4 I 5

relates to consultation and cooperation between employers and workers at the levei of theundertaking, primarily on matrers of mutual interests which are not orherwise covered undercollecrive bargaining or dealt with the machinerv created for the determinarion of terms andconditions of employment. other con'entions and Recommendations dealing with the subjectinclude: Labour Relations (Public Servicc) Con.(No.J51) and Rec. (No. i 59).1978 endExamination of Grievances Rec.(No.130),1967.

EMPLOYMENT AND UNEMPTOYMENT

A number of Conventions and Recommendations deal r.vith problems of assuring suitableemployment to workers. These primarily concern with employment offices, recruirment ollcertain types of labour under equitable conditions and red''lction of unemployment.

Employnent Offices

The employment Convenrion (No. 2),1919, tlie rati0cation of which has now been denouncedby India, provides for the esrablishment of a system of free public employment agencies, as oneof the measures against unemployment. The Employment Service Con.(No.88),1948 dealswith the maintenance of free public employment service consisting of a national system of localand regionai employmenr offices under the direction of a national authoriq,. The Fee-chargingEmployment Agencies Con.(No.34), 1933, subsequently revised by Fee,charging EmploymenrAgencies (Revised) Con.(No.96),1949, provides for the abolition of fee-charging employmentagencies which are conducted for profit, and for proper supervision of those not conducted forprofit, Convention No.88 has been ratified by India.

The Employment Service Rec.(No.72),1944 and rhe Employment ServiceRec.(No.83),1!48 deal wirh rhe functions of employmenr service in rhe transition periodfrom war to peace, and rhe mainrenance of a free public employment service, respectively.

Forced I -ahorrr

The Forced Labour Convention (No.29),1930, which has been rarified by India, providesfor the abolition of forced labour in all its forms. However, so long as forced or compulsorylabour is not abolished, it is the dury of the relevant countries to prevent its use for privareprofit, to use ir only during rhe period of essential necessiry and to provide for the protectionand welfare of any worker so employed. The Forced Labour (lndirect Compulsion)Rec.(No.35),1930 and Forced Labour (Regulation) Rec.(No.36), 1930 supplement theprovisions o[ rhe Convention.

Public Work Policy

The Unemployment Recommendation (No. l),1919, rhe Pubiic Works (National Planoing)Recs. (No.5l),1937 and (No.73),1944 deai rvith rhe probiems ofpublic works poliry adopredas a measure for the creation of employmenr opportunities. Recornmendation No.l suggestsco-ordination in the execution of all work undertal<en under a public authority with rhe purposeof 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 achievea suitable riming of ail worls undertaken or financed by public authorities including an increasein dte volume of such works during depression. Recommendation No.73 deals with the publicworks policy during transirion from war ro peace.

416 o lrdustral Relatlons Emergirs Paradisms

Orher Conventions and Recommendations dealing with employment and unemploymenrinciude: Employment Policy (Supplementary Provisions) Rec. (No. 169), i984, PrivateEmployment Agencies Con.(No.181) and Rec.(No.188), 1997, Human ResourcesDevelopment Con.(No.142) and Rec.(No.1!0), 1975, Vocarional Rehabilitation andEmpJoyment (Disabled Persons) Con.(No.l59) and Rec.(No.168), 1981. and Termination ofEmployment Con.(No. 1 58) and Rec.(No, 1 66), 1982.

OTHER SPECIAL CATEGORIES

The ILO has given special attention to the employment conditions of seamen. A number ofConventions and Recommendations deal exciusively with various aspects of the workingconditions of seamen. l'hese ielate ro hours of work. \4,a!!es, qlciliries for flndil{ employment,seamen's arricles, emplo\.ment ofvoung persons, oFficers' competenc) certificates, annual holidavswith pay, sickress and unemployment insurance, ship-owners' Iiabiliry, reparriation of seamen

and social securirv. Similarly, a few Conventions and Recommendations deal p'irh fishermen,workers in inland navigation, dock-workers, nursing personnel, employees of hotels andrestaurants, indigenous and rribal people, migrant workers and older workers.

INFLUENCE ON INDIAN TABOUR LEGISLATION

A study content by content of many of the Conventions and Recommendations describedabove and those of the specific pieces of labour enactments dealt in rhe preceding few chapterswill reveal similarities in quite a number of specific provisions. So far, India has ratified 39 outof 185 Conventions adopted by ILO. The radfication of the Conventions has put the nationunder the obligarion of implementing rheir provisions through their incorporarion in labourlaws and collective agreements or in other effective ways. ln India, the provisions of most of therarified Conventions have been given effect to mainly rhrough their incorporation in labourlaws, a reference ofwhich has been made in rhe relevant sections ofparticular labour enactmentsin the preceding chapters. Labour laws in the country have also been influenced exrensively bythe provisions of even unrarified Conventions and a number of Recommendations. The assisrance

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. ft may be notedhere that, of the Conventions not radfied by lndia, some haye been denounced, some do notconcern India and some relate to seamen whose ratification depends on the arrangementsestablished in other counrries. In rhis section, an effort has been made to bring to the fore, themain areas of the influence of ILOs Conventions and Recommendations. on the Indiar labourlegislation under suitable heads.

CONDITIONS OF WORK

Hours of Work

The Hours of\7ork (lndustry) Convention, 1919 adopted in the firsr session of the InternationalLabour Conference limits the hours of work in industrial undertakings to 8 in the day and 48in the week. It provides certain exceptions in respecr ofpersons holding supervisory or managerialpositions and those employed in confidential capaciry The limits of hours of work may beexceeded in certain cases, for instance, in the evenrs of accident, urgent work, in continuousprocesses, and so on. It contains special provisions for countries where the 48-hours workmighr be inapplicable.

S'i+rllsa' i

I.i:9,.. i

Indialaivs incor;

i 952, Bee<

Act. 19i i

Similanci (No.llin respect

have been

hours of uc(rtlillerce iLhc counrrr

Veekly R,'fhe

Weekl.Conventionenjov in evr

Most of rht1952, PlanrAo, 1966, (

Act, 1961,Esrablishmer

Holidays vIndia has nothe protectivConventions

Protection r

The Protecti,musr be paidand to the exr

Protection ofrelating to denot rarified tl1936, Minim(Conditions o

Minimum IThe MinimurRecommendaconsultarion,Convention (lThe Minimunirfluenced rhe

mploymenr84, PrivateResources

tation andrinarion of

number of-te workingnplovment,ual holidaysL of seamen

fishermen,hotels and

s describedew chapters

fied 39 outthe narionr in labourmost of rhe

r in Iabourenaatments

:ensively byre assistance

Lnd studies,

ry be noted,me do notangementsre fore, thedian labour

lternationallay and 48managerial,rk may be

condnuousLours work

Cfiapter 7 lnternatona Dinensonol ndustridl Reldio. .,112

India ratified rhe (lonvenrion in 1921 on getting a special rel:u<arion. The existing labour)aws incorporating tlre provisions of rhe Convention include: Facrories Act, 194g, N,[i.es Act,1952, Beedi ard Cigar 'vorkers (Conditions of Empioyment) Act, 1966, and plantation LabourAcr. 1951 .

Similar Conventions like Hours ol Work aod Resr Periods (Road Tiansport) (No.67),19j9,and (No.153),1979, and Nighr'!7ork (Road Tiansporr) Rec.(No.63), 19J9 have been adoptedin respect of road trarsport. Although lndia has not ratified them, many of their provisionshave been incorporated in the Motor Tiansport \Torkcrs Act, i961. Conventions concerninghours ofwork such as No.30,130, and Recommendations Nos.37 and 38, applicable tocommerce and offices, have also influenced the proi,isions of Shops and Establishrnenrs Acts iqrhe counrry.

'Weekly Rest

The lTeekly Rest (lndustry) Conventiou (No. l4),1921 ivas ratified by Iodia in 1923. The. Conventiorr provides that the entire personnei employed in any indusrri.rl underraking J, ro

enjoy in every period of 7 days, a period of rest amounting ro ar leasr 24 consecutive hours.Most olthe protective labour larvs 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 Regulatic,n) Act, 1986, Motor Tiansport lV'orkers'Act, 1961, Contract Labour (Regulation and Abolition) Act, l97O and even, Shops andEstablishments Acts contain provisions under this or sirnilar orher Conventions.

Holidays with Pay

India has not rarified ILOs Holidavs u,irh Pay Conventions as rhe srandards laid down underthe protective labour laws in the country have been higher than those prescribed under rheConventions.

Protection of Wages

The Protection of \7ages Convenrion (No.95), 1949 provides that wages payable in moneymust be paid regularly in legal tender and deducrions may be permitted only under condirionsald to the extent prescribed by national enacrments, collective agreements or arbitration awards.Protection of \(/ages Recommendation (No.85) adopted the .i-" y""r, contains derailed rulesrelating to deductions from wages, fixation of wage periods, and so forrh. Although India hasnot rarified the Convention, its provisions have been contained in the Payment of lWages Act,1936, Minimum'Wages Acr, 1948, Shops and Establishments Acts, Beedi and Cigar'Workers(Conditions of Employment) Act, 1966 and a few orher prorecrivc labour laws.

Minimum ri0'ages

The Minimum Wage Fixing Machinery Convention (No.26),1q28. (No.t3t). tq70 andRecommendation (No.30),1928, deal with rhe provision of wage-fixing machinery andconsultation with employers and workers in minimum wage fixation. India has ratifiedConvention (No.26),1928 and incorporated its provisions in rhe Minimun \Wages Act, 1948.The Minimum W'age Fixing Machinery (Agriculture) Con.(No.99) and Rec.(No.8!) have also

influenced the contents of the Minimum. lq'ages Act, 1948.

418 . lidust,.l Relauons: Emerqinq Paradiqms

fabour Administration

India has rarified rhe Labour Inspection Conventio. (No.81), 1942. Thc existi.g prorecrivelabour laws, such as those relating to factories, mines, planrations, shops and establishments,motor trallspon. beedi and cigar esrablishmenrs, pa\-rnenr of wagcs, mirimum B:rges. childlabour, maternity be,efit and other. .onrai. rhc pro'rsio,s ol rhe Convention. convenrionsnot rarified by India such as (No. 129),1969 and (No.150),1928 and Rcco'mendations(Nos.20,80 and 81) have also influenced legislative clauses reiating to labour administrarionand inspection.

EMPIOYMENT OF CHIIDREN AND YOUNG PERSONS

India has rarificcl quire:r ferr (lon'cotior-rr relarinq r. rhe cmplovmert ofchiLdrcn and \oungpersons. 'fhese include: (a) Minimum agc (lndustrv) Con.(No.5),1919; (b) Mi.imu'r Age(Trinrmers and Stockers) Con.(No.15),i921; (c) lvlinimurn Age (Underground Vork) Con.(No.123),1965: (d) Medical Examination ofYoung Persons (Sea) Con.(No.16),192i; and (e)

Night rWork of Young Persons (lndusrry) Con.(No.6).1919 and (No.90),1948. The existinglabour laws incorporating the provisions of the above rarified conventions include: thc FactoriesAcr, 1948, Mines Act, 1952, Plantation Labour Act, 1951, Chiid Labour (prohibirion andRegulation) Act, 1986, Beedi and Cigar Workers (Conditions of Employmeor) Act, 1966,Merchant Shipping Act, 1958 and similar otirer prorective labour laws. f-hese laws have alsoembodied many provisions of other Conventions and Recommendations relaring to theemployment of children and young persons, particularly, Minimum Age (Non-lndustrialEn.rployment) Con.(No.33),1932, Mcdical Exanri;rerion of yourg pcrso,s 0ndustry)Con.(No.77),1946, and Night Work of Young Pcrsons (Non Indusrrial Occupations)Con. (No.79),1946. Efforts are also being made to implement the provisions of the \Worst

Forms of Child Labour Convention (No. 182),1999.

EMPIOYMENT OF WOMENThe rclevant Conventions relating to women workers ratified by India are: (a) Night Vork(!?'omen) Con.(No.4), 1919; (b) Night Vork (Women) (Revised) Con.(No.4l),.1934; (c)Night \Work (Women) (Revised) Con.(No.B9), 1948; (d) Equal Remunerarion Con.(No.l00),1951; (e) Discrimination (Employmenr and Occupation) Con.(No. 111), l95g; andUnderground !0ork (women) con.(No.45), 1935. Provisions of conventions relating ro nightwork, that is, Nos, 41 and 89 have been incorporated in the protective labour laws like FactoriesAct, 1948, Mines Act, 1952, Plantation Labour Act, 195 l, Beedi and Cigar lVorkers (Conditionsof Emplovment) Act, 1966 and other similar larvs. The provisio.s of the Equal Rernu.erationCon. (No.100), 1951 and those of the Discriminarion (Employmenr and Occupation) Con.(No.111),1958 have been given effect to by the Equal Remuneration Act, 1976. The provisionsof the Underground lwork (women) con. (No.45),1935 have been incorporared in the MinesAct, 1952.

AJthough India has not rarified Marerniry protection Conventions (No.3),1919, (No.103),1952, and (No. 183), 2000, the Maternity Benefir Act, 1961 and rhe Employees, StateInsurance Acr, 1948, incoroporate many of their provisions.

HEALTI.i,

lndia has r

(No.27),19.

The provisir

i 951, and tdealing wirCon.(No.3il)ock Labor

Existirand others ,

Some of theRec.(No.31Con.(No.1Accidents CWelfare Fac

soctAl S

The Conver(Occupatior(Accident C

Con.(No.1 1

in the $7olisocial securit

State Insura1952 and d

i 962. These

entitleryrenr

INDUSTRI

rhl't \)1\ \'l(AgriculturrTripartite (

provisions o1926. The <

labour laws

1948, ESI Irh(.'

Conventiot(No.154),1'Arbitration

EMPTOYM

rhc CIH 1 \'rUnemploym

rI:5*a

protective,lishments,

rges, child)nventionsLendations

inistration

and youngimum Age/ork) Con.11; and (e)

he existingre Factories

bition and

Act, 1966,

s have also

ing ro the

- l ndustriel(lndustrv)cupa r io ns )

rhe Vorst

tright Vork, 1934; (c)

r.(No. t 00),

1958; andng to nightke Factories

(Conditions

muneration

Lrion) Con.e provisions

, the Mines

1919, (No.

oyees'State

Chapier 7 lnternational Dimun'"n ol Lndustr al Relatlon o '11 9

HEALTH, SAFEry AND WELFARE

India has ratified Marking of \Weight (Packages Transported by Vessels) Convenrion

(No.27),1929, Radiarion Protection Con.(No 115),1960 and Benz-ene Con (No i36)'1971

T-he provisions of Con.No.27 have been incorporated in the Nla-rk'ng of Heavy Packages Act'

lg5l,andthoseofCon.Nos.il5andl36,insafetyprovisionsofFactoriesAct'1948and1awsdealing with pollutior. The provisions of the Protection against Accidenrs (Dockers)

Co.r.(fio.:z), il:4, which has "lro b..t' ratified by lndia have been covered by the Indian

Dock Labourers Act, 1934.

Existing safitv a,,d health provisions of labour laws relating to factories' mines' docks'

and others also cor-rt:rin rnanv provisions of a ferl other Convenrions and Recommendations'

io-. of ,lr.r. "re,

p..u"ntio,, of Industrrai Accidents Rec.(No 3 i ),1 929, Porver-dri'en Machinery

Rec.(No.32),1929, Labour Inspecrion Rec (No 20)' 1923' Guarding of Machinery

Co.,.iNo.l t9),l963, Occupational Safety and Health Con (No 155)'1981 and Industrial

Accidents Con. (No.174),19i3. A few proiective labour laws' also contain cerrain provisions of

!fl'elfare Facilities Rec.(No.I02),1956 and Workers' Housing Rec (No 115)'196l'

SOCIAT SECURITY

The Conventions relating to social securiry ratified by lndia are: 'Workmen's Compensation

(Occupational Diseases)"Con.(No.18),1925, and Con'(No 42)'1934' Equality of Treatment

(A..ide.,t Compensation) Con.(No.19), \925 and Equality o[Treatment (Social Securiw)

Con.(No.111), iq6z. th. p.ouirion, of Conventions Nos 18 and 19 have been incorporated

in th. !(ork-.n's Compensation Act, 1923 and En.rployees' Statc Tnsrrrance Act l948 Thc

social securiq'larvs in the country, for instance, 'Workmen's Compensation Act' 1923' Employces'

State lnsurance Act, ,I948, Employees' Provident Funds and Miscellaneous Provisions Act'

19!2 aod the Pavment of G."tl.,ity Act' 1()T2 errrbody the provisions of Con'(No 111) of

fS6z. fh.r. la*'s do not make any discrimination between nationals and foreigners relating to

entitlement ro social securiry benefits'

INDUSTRIAL RETATIONS

rhl' t \)1\ \'l'11 t inlls reiating to industrial relations ratified by India are: fught of Association

iAgri.ri "*l (. '\lIqNn. l7:) 1921,' Rural 'Workers Ogranisation Con (No 141)'1975' and

i;t";;;;i;. Cor,r,,l,"',io,t (llltl'11\lltiolllll l llbour Siandards) Con (No 144)'1976' The

pr*irion, of Conventions Nos. 11 and 141 lumo' h( 'l'11 included in the Tiadt Unions Act '

iSze. flr. contents ofCon.(No.l44),1976 have been -in,'11 dr(.,-t to hy the provisions of

l"bou, 1"*, providing for the constitution of tripartite bodies such ns Atinill\ul1\ Wuges Act'

1948, ESI Act, 1948, and also by non-statutory measures'

Th(.' Industrial Dispures Act, 1947 contains some provisions of a fcw unratified

Conventions and l{(.'conUm'lllilltions which include: Coliective Bargaining Con

(No.154),1981, Collective Agreements \i( ,( tNo 91) 11)51' Voluntary Conciliation and

Arbitration Rec.(No.92),1951, and Collective Hnrgaining R-( rNo 163)'1981'21

EMPLOYMENT AND UNEMPLOYMENT

rhc ClHlVcntions concerning employment and unemployment ratified by India include:

Un"-ploy*..r, l\)n,(No. )'1919 (later denounced)' E pioym""t Services Con (No'88)' 1948'

420 o industra Rel.tions Emereiis Pa,sdis.s

Employment aod i)cial Policy Con. (No. 122),1964. Forced Labour Con. (No.2-!),1930 andAbolition of Forced Iabour l\1 1 1.t).;0.lOi).i957.

The provisions of the Conventions relaring ro unemploymenr and employment havebecn given efTect to by administrativc orders and pracri.es, supl)lemenred Lrv a lerv labour lawssuch as Employment L,xchanges (t'ompulsory Nori[i.arion oi Vacancies) Acr, i976. Forcedlabour has been prohibited by fundamenral right againsr exploitation under the IndianConstitution.

OTHER SPECIAL CATEGORIES

Other special categories of Conuentions rdtifed bJt India include: Inspection of Emigrants Coo.(t.l"o. 21).1926, Scamcn

"^ Articics oIAgreemenr Con.(No.2-2), 1928, Mar.king of \Weight

(Packages liansported bv Vcsseis) Con.(No.27), 1929, Final futicles Revision Con. (No.80),1947(excluding Part II), Indigenous and Tiibal Popularion Con. (No. 107),1957 and certain Arriclesof Labour Sratistics Con.(No,160),1985.

Provisions of Con.(No.21),1926 have been incorporared in the Emigration Act, 1983and parrly in the Inter-State Migrant \Workmen (Regulation of Employm.-nt and Conditionsof Service) Aq, 1979. The Marking of Hear.y Packages Act, I 951 embodies rhe provisions ofCon.(No.27),1929. The Collection of Statisrics Act. 1953 deals rvith rhc orovisions ofCon.(160),1985.

As stated in the'beginning of this part, Indian labour legislation has been influenced byILO in other ways also. These include assisrance by experts in rhe drafting o[ iaws and codes,technical assistance, studies, reporrs and relevant publicariors, and information seryices.

DIFFICULTIES IN THE ADOPTION OF CONVENTIONS ANDRECOMMENDATIONS

As has been menrioned earlier, Conventions and Recommendarions of ILO, seek to prescribeand indicate internationally uniform minimum labour standards. The purpose is to see thatthe labour standards in the Member counrries are nor below the ones prescribed by ILO. Asthe Member counrries of ]LO are at different stages of economic gro*rh

",rd industrial

advancement, the capacity to maintain and presewe Iabour standards differs from counrrF rocountry, depending upon rheir relative economic prosperiry Some of tle counries are exrremelypoor, economically and technologically backward, therefore having, very poor labour standards,and are incapable of securing any immediate improvement in the same. On the other hand,there are highly industrially advanced countries with narional income sufficiently large enoughto ensure equally high labour standards. There are many counrries at rhe inrermediare srage ofeconomic developrnent.

This uneven economic development on the world scale preseflts the rnain hindrance tothe adoption of a Convenrion or Recommehdation, Iaying down a minimum labour standard.lThat may be too high for economically back',,rard and poor countries may, perhaps, be roo lowfor the rich countdes. A Convention or Recommendation seeking ro bring about a significanrimprovement in the labour srandards runs the risk of being unrelated to the prevailing labourstandards and beyond rhe economic, and administrative capaciry of maly countries. A Conventionor Recommendation has to gain acceprance lrom the member counrries if it is to be effective inachieving its purpose. The Convention which seeks ro provide really high labour sandards will

. i:t'i:..1

IiI

l

fail ro securable to presvery inccpri

Thus,establishmei;

between thecreditable tldealing withdirections.

PROBIEMS

The process r

rhe adoptionfrom the ap1undertakes anof the Converro examine thConventions.

As on JaILO. The averbelow the ayerand Spain havsucceeded in s

secured by Forfught ro OrgaEqual Remunr

However,standards in a

1

a country has rincorporated in'or pardy, throrratified rhose Cof the Member s

may, for the sa_li

1. countries r

2. counrries I3. countries

agfeementt

4. industrially

Countries withCountries havingConventions, ex1

l),I930 and

yment have

labour laws

)7 6. Forcedthe Indian

grants (irn.

; of \We ight.1o.80).1947

tain Articles

r Act, 1983Conditionsrovisions ofovisions of

fluenced byand codes,

rvices.

:o prescribeIo see thatry ILO. tuindustrial

counttF toe exrremely

standards,,ther hand,rge enoughrte stage of

ndrance tor standard.

be too lowsignificanting labourlonvention:ffective inrdards will

Chapter 7 lntzrnational Dmenslon of lndusi'al Relation ' 421

fail to secure accePtance and what may succeed in securing accePrance' may not' in realilv' be

able to prescribe 'high

l"bou, standards' It is a dilemma rvhich has confronted ILO since irs

very inception.

Thus, Conventions and Recorrmendations, if they are ro be of real weight in rhe

esrablishment of internationally uniform labouf standards' "must strike an aPpropriare balance

between the ideal arld the immediately Practicable and between precision and flexibiliry" lt is

credit"ble that ILO has been able to adopt t85 Conventions and 193 Recommendations'

i."f i"f *f.f, diverse aspects of labour in spite of contradictory pressures pulling in different

directions.

PROBLEMS OF RATIFICATION

The process of evolving internationally uniform minimum labour. standards does not end with

th" aioptiort of, Cori,rerttio,t or Recotl *tnd"tion A Convet-ttion has to secute ratificarion

f.o^ ,h'. appropriate authorities in the member states A country rarifying a.Convention

,r.rd.r,"k., i,, i.,i.rn".ionri obligation wirh other member states' to put into effect the provisions

of the Convention by legislative or other aPProPriate measures lt is' rherefore' pertinbnt here

,o .""*in. the difficultie"s which are f^..d ty ,o*. of the Member countries in ratifring ILO

C,,,nventtOns.

As on ]anuary 1,2002, there were 174 member states and 185 Conventions adopted by

ILO. The average ratifications per country, come to merely 35 Many countries have ratifications

La.* ,t. ar..a!. of 35. Th.," ",e

a fewcountries each having less than 10 ratifications- France

^,,d Spai., have"ratifie<l the ma-timum number of Conventions None of the Conventions has

succeeded in securing cent Per cent ratification The highest numher of ratifications has beerr

secured by Forced Labour Cons.(No 29) (No' 105)' Freedom ofAtsociation and Protecrion of

l,gi. - btgr.,rr. (No.87), fughr to org""ist and Collective Bargaining Con (No 98) and

Equal Remuneration Con.(No. 100)'

However, it is pertinent to mention here, that the impact of ILO on international Iabour

standards in a panicular counrry should not be judged only by the number of ratifications that

" .."r*y h". ,"..lr.d. There are -,ny tot'tttitt iuhi"h utt in.agreement with the. principles

in.orporated in many of the Convenrions and have sought to implement them either wholly

io, pr..ly, through legislative o( other aPproPriate administrative measuresr and still have not

*,ii.a,fr*. Corr',r.r,iio.tr. Therefore, it i' ^pptopti'tt ro examine the difficulties which some

of the Member states experience in forrnally .if i"g thtte conventions' These Member countries

may, for the s"ke of corrre.,i.nte, be grouped under the following heads:

1. countries with higher labour standards;

2. countries having a federal ser-up;

3. countries where the subiect marters of the Conventions are regulated by collective

agreemenls;

+. indu'rr ially backward countriet'

Countries with Higher l,abour Standards

Countries having standards of labour higher than those envisaged under International Labour

Conventions, experience " specitl ptobTtrn of ratification' In such countries' acceptance of

422 . )nd's\,1"1 R.lution', Emerging Pa'odls..

Conventions prescribing standards lower than the existing ones may involve considerable politicaleffort, as there is obviously little interesr in rhe subject. Besides, it is feared that the approvalgiven to lower minimum smndards wiil impair the aurhority of the higher national srandard.In cases where ratificarion of a Convention necessitates a changc in the larv of rhe land, Iegaldilficulties are also encountered. Although rhe ratification ofan lnternationai Labour Conventiondoes not imply undermining of the higher national srandards, lrlany counrries have experiencedthe above-mentioned difficulties in accordance with formal ratification to many of theConventions. Arempts have, however, been made ro remove these difl:iculries by providing "noprejudice" clause in the Convenrions and other measures. Nevertheless, rhe number ofratifications of the Cooventions in many countries (u,irh a lrew exceprions) }raving comparativelyhigher labour standards, still continues to be small.

Countries Having a Federal Set-up

The application of Convenrions by countries having a federal set-up also involves dildcultiesowing to the division of the legislative and executive aurhorities berween the federal governmer,tand the constituent units. The national authoriry which is immediarely expected ro pursuethe implementation of the provisions of a Convention, finds itself constirurionally handicapped,as in many cases, the subjecr falls under the jurisdicrion of the constituenr units. The extent ofsuch a difficulry however, varies from country ro counrry depending upon variarions in thedistribution of the authority bet*een the lederal government and rhe federating units. .ff4rere

constituent units have been given comparatively greater autonomy, ratification of Conventionsbecomes more difficulr. On the whole, the number of rarifications of Conventions by federalstates has been sntall. It is on account of these reasons that the Consritution of ILO imposescertain additional obligations on rhe federal states in regard ro rarificarion of Conventions.

Countries where Subject Matters of Conventions are Regulated by CollectiveAgreements

In some countries having highly developed industrial organisations, many issues forming rhesubjecr matters of International Labour Conventions are traditionally decided by collectiveagreements berween the employers and trade unions and the State deliberately refrains frommaking interference. It is presumably due to this reason rhat the Constitution of ILO, makesroom for the application of Conventions by collective agreements. However, in many cases, it isvery difficult for the comperent narional authoriry ro enforce the provisions of a Convention onthe parties without destroying their freedom to bargain collectively, which ultimately meansinvolving still wider problems of industrial relations. This is particularly rrue in cases wherecollective agreements provide for standards higher rhen those established by the Conventions.Moreover, even when the competent national aurhority succeeds in persuading the parries roenter into agreemenr in accordance rvith dre provisions of a Convention, rhere is still the problemof ensuring the acceptance of obligation for a subsantial period of time as lnany rerms of collectiveagreements are changed at frequent intervals. Besides, the Ievels ar which collective agreemenrsare reached (for example, plant, industrv, region, and others) also create further difficulties.

I ndustrialJy Backward Countries

Economically and industrially backward countries have generally very poor labour standards andthey often find it very difficuft ro bring about ary immediate improvement in rhe same. Although

the Internatiorthorough inves

of differenr mepoor and ecor

Conventions Ikeeping with t

The foreL)rganisation.international r

adoption arddre activities oofthe Memberro rhe labour rchiid and worrrechnica] co-<formulation ar:

expanded.

International

Core-Conaent,

(")

(b)

(.)

(d)

(.)

Freedom

Eliminatir

Effective

The elimi

It does- nc

o "Ther

desir

PaItirIabot

o Thusimpkto Pl

be prcounihave

o Ther,develro de

o The,an) ,vl

to the

have r

rle politicalre approvalI standard.land, Iegal

lonvention:xperienced

rny of therviding "norumber ofmpararively

difficulties

lovernmentIto pursueurdicapped,

re extent ofions in therits. \fi4rere

lonventionsr by federal

,O imposes,entions.

tive

orming the

,, collectivefrains fromLO, makes, cases, it is

rvention onLrely means

=ses wherelnventions.: parties tohe problemof collective

agreements

.culties.

ndards arrd

e. Although

Chapter 7 lnternatronal Di."n'on ol lnd,st,lul Relatlon o 423

the International L,abour Conventions which create only minimum standards are adopted after a

thorough investigation and \4.ith due regard ro rhe srages of economic and industrial development

ofdifferent member states. The standards so established often seem burdensome ro many extremely

poor and economicaliy backward countries. These countries find it very difficult to ratify

convenrions prescribing high labour standards. Thc ratification of Convenrions which arc in

keeping with the prevailing labour standards does not involve many difficuldes'

The foregoing has covered certain pertinenr aspects relating ro the lnrernarional Labour

organisation - its establishment, objectives and principles, srrucrure, activities, creation of

intirnational srandards of labour, influence on Indian labour legislation, and problems of

adoption and ratification of conventions and Recommendations. During the course of time.

the acri",iries of the organisation lias becon,e i[creasingly more diversified and the panicipation

ol1he Mernber counr.ies has become more active. of lare, ILo has started giving more attention

to the labour matters in the developing countries and special target groups of workers, such as

child and woman labour and workers in unorganised and rural sectors lts role in providing

technical co-operation, encouragement to workers and employers' organisations in the

formulation ani imple-.ntation of labour policy and provision of training, has considerably

expanded.

International Labour Standards and India

Core-Conoentions

(a) Freedom of Association (No. 87) and Right of Collective Bargaining (98)

(b) Elimination of all forms of forced or compulsory labour (29,105)

(c) Effecrive abolition of childlabour (138)

(d) The elimination of discrimination in respect o[ employmeirt and occupation (100, 111)

(e) It does not link lLS with trade

r There is sound justification for international labour standards. Normatively, their

desirabiliry is never in doubt. The controversy is about the means of their enforcement,

particularly the argumenas concerning the attempted linkage between certain core

labour standards and international standards.

o Thus, the question is not whether international labt"'r standards should be

implem.rrt.d. The question is whether the countries and companies that continue

to pursue comPetitive advantage through the violation of Fundamental Rights should

be i,r,,i.hed throrgh so,,'e so.i of link"g. wirh trade. Employers in several developed

countries and unions) governments and employers in several developing countries

have been resisting any formai 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 d.p.i.r. the developing countries of their comParative advantage of cheap labour'

The deveioped countries' arguments are based on the realisation that "poverty

anylvhere is a danger to prosperiry everywhere." There is also concern about the race

to the bottom .p,lired by the notion that, "ifyou don't raise your standards, we may

have to follow suit."

424.. lndustial Relatrons: Eme8ins ptradigr

o Developing counties adlpted -a

dual strareg), - oppose linkage of rrade with LabourStandards at internadonal level, Nationally,"conrinue to pur pressure on governmentto improve fabour Srandards.

a Furure of ILS is caughr in the folJowing opposing forces _ Globalisarion andRegionalisation, North and Sour} divide, ,,rpr.rn".y oiILO

".rd r LO., and diverse

pressrues among the sociar parmers about desirability of harmonising rabour standardswith deregulated labour market.

r Developed countlies want social Labelling, Guarantee for manufactured withoutchild labour, Fair Tiade, etc.

r Developed counries arguments are as follows:_{. Poveray anywhere is a danger to prosperiry everywhere.* Ifyou do not raise your standard, we may have to lower ours..i. Social dumping could cause job losses in developed counrries. Hence, \4SA

restrictions for Indian software professionals..1. Competitive cost is the main issue.

r Bonded Labour (Abolition) Act,76.

Table 7-l: Raflfication ol Core Convention in Select Countries

aa

Or;ul,Th

In<

o India advocates ILS within the framework of ILO.

- All social partners - Gow., employees _ TUs.

The Case of India,) India has ratified 38 out of 1g2 conventions.a [O has influenced India in a big way.

but opposes linkages with ITTO

Thrlegislatior

They inc

Particu!ar

.Indby 2db2.(Punjab)

of child I

Ind.Constitut'social latIndia at Iemployenall unitedsocial parcountries{iee choicmay be cstand forpatendy r

A*organisati

u',

,ith labour;overnment

sarion andand diverse

r standards

:d without

nce, VISA

,ith \X/TO

aa

Chapter 7 lnternatlonal Dlmenslo of lndustrial B"1"1;61 o 425

Our legal franework on wages, working conditions, welfare, sociai securiry Protection of

,.ulr,..abl. sections of socieq', HRD, equaliry non-discrimination - influenced by ILO

The lndian Constitution uphoids ali the fundamental PrinciPles of core II-S'

In,lia has ratifled 3 out of 7 core Conventiotts.

The Government of India is pursuing, rather halfireartedly, changes to some of the labour

legislarions. 'fhe employing ministries have apparently been pressing for some of these changes'

Tt"y includ. cha.,i..'in-the Factories Act to permit employment ofwomen in nightshift'

particularly in electronic units and exPort zones.

India was acrively Pursuing 14 proiects to eradicate child lal'our in hazardous industries

6y 2002. The All Iniia Org"nir"tio., of Employers have undertaken a project in Jalandhar

(Punjab) to h"u" "n

,gr..-*t similar to the one in Sialkot, Pakistan, concerning the abolition

of child labour in the manufacture of sports goods.

lndia has advocated the promotion of labour standards within the framework of the lloconstitution. It has consistendy opposed the proposals to linl labour standards and trade *rrough,social labelling,'et.. The Non-aligned countries summit organised by the Labour Minister of

India at New behi adopted a resolution ro rhis effecr. All the three social panners--Government,

employers' organisations and national uade union ceirtres belonging to different persuasions--are

"ll ,,ni,.d "g"Irrrt

th" linkage of international standards with trade (for statements of different

so.i"1 partne"rs see: IIRA-/FEI, D96) for familiar reasons that are aniculated in most developing

.o,r,,tri", throughout the world: commitment to ILO's pillars of voluntarism' tripartitism and

free choice o[ rJ.ir1 p"nn.rr. Mandatory imposition of labour standards, by whatever name thty

may be called, cont;enes Ardcle 19(3) of rhe ILO Convention All the social partners in India

.,"r,d fo, upgrading labour standards. Bur they are against linkages which put artificial and

patenrly mot;ated Larriers against (competition from) lndia ald 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 rhe following

426 . l.dusiidl Relations: Emeteins Paradtsms

fbur componenrs (CEC, 1996). (1) Reject the labour riglus,W'fO linkagc. (2) Uphold rheprinciples of universal labour rights and the nced for evolvir.rg srrucrures to monitor theenforcement of laboirr righrs. (3) sct up a uN Labour fughrs Comrrissio* as an alternative. (4)Esrablish, ar rhe narional level, a powerful Narional I-abour Riqhts Commission to oronitor:rnd enforce Jabour righrs.

International Industrial Relations

INTRODUCTION

A comparativc study of industrial relarions shorvs that indusrrial reiatiors phenomena is a veryfaithful expression of the society in which it operates, of irs cir.rracreristic filrures end of thcpower relationships berween different inrerest groups. lndustrial reiations cannot be undersroodwithout an understanding of the way in which rules are established and implemented anddecisions are made in the sociery concerned.

General statements cannor be applied to rhe organisarion of the labour relations fi-rnctionwithin MNCs. Rather, different MNCs adopt different labour relations strategies in relation tothe environmental factors peculiar to each firm. ]n other words, it is the rype of multinationalsunder consideration which is important rather than multinarionality itsel[.

INDUSTRIAL RELATIONS POI-ICIES AND PRACTICES OF MULTINATIONATORGANISATIONS

Because national differences in economic, political and lcgd systerns produce rnarkedly differentlabour reladons sysrems across countries, multinationals generallv delegate the management oflabour relatio.s to their foreign subsidiaries. Horvever, a policv of dece.tralisation does notkeep corporate headquarters from exercising some coordination over labour relations strategy.Generally, corporare headquarters will become involved in or oversee labour agreements madeby foreign subsidiaries because these agreemen. may affect the international pia.s of the firmand/or create precedents for negotiations in other countries. Comparison of performance dataacross national units of the firm creates the potential for decisions on issues such as unit location,capital investment and rationalisation of production capaciry The use of compariso.s wouldbe expected to be greatesr where units in different countries undertake sirnilai operations. Ar.rumber of differences are seen in multinational approaches to labour relations. u.s. firms wereless likely than their British counterpans ro recognise rrade unicns, preferred not to join employerassociations, had more highly developed and specialised personnel departmenrs at plant leveland tended to pay higher wages and offer more generous emplovee fringe benefits than thelocal firms. Indeed, a number of studies have examined differences in the propensity ofmuhinational headquarters to intervene in, or ro centralise control ovet matters such as industrialrelations in host locations. Multinarional headquarrers' i.volvcmenr i. labou, relations isinfluenced by several factors, as detailed below.

The Degree of Inter-Subsidiary Prodaction Integration: A high degree of inregrarion waslound to be rhe most important factor leading ro rhe centralisarion of the labour relationsfunction within the firms studied. Labour relations throughout a system becomes a maner ofdirect importance to corporare headquarters when transnational sourcing patterns have beendeveloped; and that is, when a subsidiary is a source of components or is a user of its output. In

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