International Labour Organisation and its impact

The International Labour Organization (ILO) is a specialized agency of the United Nations that focuses on promoting social justice and fair labor practices around the world. Established in 1919, the ILO's mission is to set international labor standards and promote decent work opportunities for all.

Here’s a brief overview of the ILO’s key functions:

Setting International Labor Standards: The ILO develops and promotes international labor standards through conventions and recommendations. These standards cover a range of issues including workers' rights, employment conditions, and social protection.

Promoting Decent Work: The ILO advocates for the creation of jobs that are productive and deliver a fair income, security in the workplace, and social protection for families. The aim is to ensure that work is performed in conditions of freedom, equity, security, and human dignity.

Providing Technical Assistance: The ILO provides technical support and expertise to governments, employers, and workers to help them implement labor standards and improve labor market policies.

Monitoring and Reporting: The ILO monitors the implementation of labor standards and publishes reports on labor issues globally. It also conducts research and collects data to inform its work and advocate for necessary changes.

Promoting Social Dialogue: The ILO encourages dialogue between governments, employers, and workers to promote cooperative approaches to labor issues and ensure that all voices are heard in the decision-making process.

The ILO’s work is guided by its tripartite structure, which includes representatives from governments, employers, and workers. This structure ensures that the interests and perspectives of all parties involved in labor issues are considered.

1. UNIT 8 INTERNATIONAL LABOUR ORGANIZATION & ITS’ IMPACT

2. HISTORICAL BACKGROUND Promoting social justice and internationally recognized human and labour rights. Formed in the year 1919 as a part of Treaty of Versailles. Tripartite organization, the only one of its kind bringing together representatives of governments, employers and workers in its executive bodies. Advocacy for an international organization dealing with labour issues began in the 19 th century, led by two industrialists, Robert Owen (1771-1853) of Wales and Daniel Legrand (1783-1859) of France.

3. Driving forces for ILO's creation arose from : Security, Humanitarian, Political and Economic considerations.

4. EARLY DAYS The first International Labour Conference held in Washington in October 1919 adopted six International Labour Conventions which dealt with Hours of work in industry, Unemployment, Maternity protection, Night work for women, Minimum age and night work for young persons in industry.

5. In the summer of 1920 ILO was located in Geneva with France's Albert Thomas as the first Director of the International Labour Office, which is the Organization's permanent Secretariat. Under his strong impetus, 16 International Labour Conventions and 18 Recommendations were adopted in less than two years . These early effects were quickly toned down by some of the governments as they think that there are too many conventions and budget is too high and reports are too critical.

6. A Committee of Experts was set up in 1926 as a supervisory system on the application of ILO standards. The Committee, which exists today, is composed of independent jurists responsible for examining government reports and presenting its own report each year to the Conference.

7. DEPRESSION AND WAR The Great Depression with its resulting massive unemployment soon confronted Britain's Harold Butler , who succeeded Albert Thomas in 1932. It was realized that handling labour issues also requires international cooperation. The United States became a Member of the ILO in 1934 although it continued to stay out of the League of Nations.

8. American John Winant took over in 1939 just as the Second World War became imminent. He moved the ILO's headquarters temporarily to Montreal, Canada, in May 1940 for reasons of safety but left in 1941 when he was named US Ambassador to Britain. Ireland's Edward Phelan took over the charge in ILO . He played a very important part in the year 1919 by helping in writing the Constitution of ILO . He played an important role during the Philadelphia meeting of the International Labour Conference, in the midst of the Second World War, attended by representatives of governments, employers and workers from 41 countries. 

9. In 1946, the ILO became a specialized agency of the newly formed United Nations.  In the year 1948 ILO adopted Convention No. 87 on freedom of association and the right to organize.

10. THE POST-WAR YEARS America's David Morse was Director General from 1948-1970. At this time number of Member States doubled, the Organization took on its universal character. Industrialized countries became a minority among developing countries. The Organization won the Nobel Peace Prize on its 50th anniversary in 1969.

11. Under Britain's Wilfred Jenks , Director-General from 1970-73. The ILO made advanced further in the development of standards and mechanisms for supervising their application, particularly the promotion of freedom of association and the right to organize. Despite the loss of one quarter of its budget following US withdrawal from 1977-1980. His successor Francis Blanchard of France, expanded ILO's technical cooperation with developing countries.

12. The ILO also played a major role in the liberation of Poland from dictatorship, by giving its full support to the legitimacy of the Solidarnosc Union based on respect for Convention No. 87 on freedom of association, which Poland had ratified in 1957. Belgium's Michel Hansenne succeeded him in 1989 and guided the ILO into the post-Cold War period. He emphasized the importance of placing social justice at the heart of international economic and social policies . He also set the ILO on a course of decentralization of activities and resources away from the Geneva headquarters.

13. On 4 March 1999, Juan Somavia of Chile took over as Director General. He emphasized the importance of making decent work a strategic international goal and promoting a fair globalization. He also underlined work as an instrument of poverty alleviation and ILO's role in helping to achieve the Millennium Development Goals, including cutting world poverty in half by 2015. In May 2012 English's Guy Ryder was elected as the tenth Director-General of the ILO . He began his five-year term in October 2012.

14. WORKING OF ILO Recommendation and Conventions. Procedure for adoption of Conventions by the member countries. Representation and complaint procedures can be initiated against countries for violations of a convention. Member countries obliged to send the progress report – T.U. or Employer’s organization can also send the progress report. Such reports shall be examine by the Independent expert committee. Such report of Independent expert committee shall be discuss on every year ILO conference.

15. ILO conventions has so far covered following subjects: Freedom of association; Prohibition of forced Labour; Equality of opportunity & Treatment; Human resources & employment ; Labour Administration; Industrial relations; Wages ; Weekly rest & paid leaves; Occupational Safety & health; Social Security;

16. Employment of Women; Employment of children & young persons Migrant Workers; Tribal & Indigenous peoples ; Hours of work.

17. I L O AND INDIA Founding Member of the ILO . Permanent member of the ILO Governing Body since 1922. First ILO Office in India started in 1928. Article 253 of the Indian Constitution expressly provides that “notwithstanding anything in the foregoing provisions of this chapter. Parliament has power to make any law for the whole or any part of the territory of India for implementing any treaty, agreement or convention with any other decisions made at any international conference association or other body”.

18. Within 4 years of independence India had rectify 4 conventions. 1954 Government of India appointed a committee to make recommendations on ratifying ILO conventions. On the recommendations of the committee total 23 conventions are ratified and implemented. Out of 189 ILO Conventions,  India has so far ratified 43 ILO Conventions   and 1 protocol which includes four core or fundamental human rights conventions like Forced Labour Convention ,  Equal remuneration Convention ,  Abolition of Forced labour Convention and Discrimination (Employment & Occupation) Convention.  

19. Conventions on different subjects have been ratified so far: Both conventions on Bonded Labour have been ratified; Equality of opportunity & treatment 2 out of 3; Human Resources & employment 2 out of 5; Weekly rest & paid Leaves 1 out of 4; Occupational safety & Health 3 out of 15; Social Security 1 out of 3; 1 out of 6 on Child Labour have been ratified.

20. The eight Core Conventions of the ILO (also called fundamental/human rights conventions) are: Forced Labour Convention (No. 29) Abolition of Forced Labour Convention (No.105) Equal Remuneration Convention (No.100) Discrimination (Employment Occupation) Convention (No.111) Freedom of Association and Protection of Right to Organised Convention (No.87) Right to Organise and Collective Bargaining Convention (No.98) Minimum Age Convention (No.138) Worst forms of Child Labour Convention (No.182)

21. MAJOR IMPACT OF ILO ON LABOR LEGISLATIONS IN INDIA Main areas of influence of International labour organisation’s conventions and recommendations, on the Indian labour legislation are: Hours of Work; Convention of Hours of Work (Industry) Convention, 1919. ILO limits the hours of work in industrial undertakings to 8 hours in a day and 48 hours in a week.

22. The limits of hours of work may be exceeded in certain cases eg . urgent work, in continuous processes. The existing labour laws incorporating the provisions of the convention include : Factories Act, 1948, Mines Act, 1952, Beedi and Cigar workers (conditions of employment) Act, 1966 and Plantation Labour Act, 1951.

23. Weekly Rest: Weekly Rest (Industry) Convention (No. 14), 1921 was ratified by India in 1923. Personnel employed in any industrial undertaking is to enjoy every period of 7 days, a period of rest amounting to at least 24 consecutive hours. All the labour legislation have this provision. 2. Protection of wages : The Protection of Wage Convention (No. 95), 1949 Although India has not ratified th convention, its provisions have been contained in the Payment of Wages Act, 1936, Minimum Wages Act, 1948, Shops and Establishments Acts, and a few other protective labour laws.

24. Labour Administration : India has ratified the labour inspection convention No. (81), 1947. The existing protective labour laws such as those relating to factories, mines, plantations, shops and establishments, motor transport, payment of wages, minimum wages, child labour, maternity benefit and others contain the provisions of the convention and influenced legislative clauses relating to labour administration and inspection.

25. Industrial Relations : The provisions of the Conventions Nos. 11 (Right of Association (Agriculture) Convention, 1921) and 141 (Rural Workers’ Organisations Convention, 1975) have been included in the Trade Union Act, 1926. Provisions of labour laws providing for the constitution of tripartite bodies such as Minimum Wages Act, 1948, ESI Act, 1948. The Industrial Disputes Act, 1947: Collective Bargaining Convention (No. 154, 1981) Collective Agreements Recommendation (No.91), 1951, Voluntary Conciliation and Arbitration Recommendation. (No.92), 1951 and; Collective Bargaining Recommendation (No. 163), 1981.

26. SOCIAL SECURITY Social Security (Minimum Standards) Convention 1952 (No.102)   Only I nternational Convention based on Basic Social Security Principle. Established nine basis principle: Medical Care; Sickness Benefit; Unemployment Benefit; Old-age Benefit; Employment Injury Benefit; Family Benefit; Maternity Benefit; Invalidity Benefit; And Survivors' Benefit.

27. The influence of International Labour Organisation can be seen in our directive principles of state policy of our Indian Constitution (Articles 39, 41, 42,43, 43A).