International Labour organization - Objective , Structure , Functions , Conventions and Recommendation , Ratification by India

1. International Labour Organisation
Bibhu Kaibalya Manik
School of Law , KIIT DU
Bhubaneswar , Odisha , India

2. Content
• Emergence of ILO
• Aims and Objective
• Organisational Structure
• ILO and International Labour Standard
• Conventions and Recommendation
• ILO and India
• Ratifications of India

3. Emergence of ILO
• Tripartite body consisting of representatives of Employers, Labour and Government
• Established by Versailles Peace Conference as an autonomous body in 19 th April ,1919
• Labour wing of the League of Nations
• Became specialized agency of the United Nations in 1946

4. Aims and Objective
• Full employment and raising of standards of living
• The employment of workers on the basis of their skill and make their contribution to the
common well-being.
• facilities for training and the transfer of labour including migration for employment and
settlement
• Policies in regard to wages , bonus and a minimum living wage to all employed and in need of
protection
• Extension of social security measures to provide a basic income to all in need of such
protection and comprehensive medical care

5. Continued ...
• Effective recognition for the right of collective bargaining, the cooperation of management
and labour in continuous improvement of productive efficiency and the collaboration of
workers and employers in social and economic measures
• Adequate protection for the life and health of workers in all occupations
• Provision for child welfare and maternity protection
• Provision of adequate nutrition, housing and facilities for recreation and culture
• The assurance of educational and vocational opportunity

6. Organisational Structure

7. The international Labour Conference
Non-government delegates are nominated
inagreement with the most representative
organisations of employers and work-people
as the case may be

8. Functions of ILC
• Directs and supervises the work of the Governing Body and the International Labour Office
• Functions as a World Parliament of labour
• Create world-wide uniform standards of labour in the form of Conventions and
recommendations
• To fix amount of contribution by the member states.
• To decide the expenditure budgeted estimate proposed by the Director General and submitted
to the Governing Body.
• To make amendments to the Constitution subject to subsequent ratification of the
amendments by 2/3 member states including 5 of the 10 states of industrial importance.

9. Continued...
• To consider the report of the Director General giving labour problems and assist in their
solution.
• To appoint Committees to deal with different matters during each session.
• To select once in 3 years members of the Governing Body.
• To elect its President.
• To seek advisory opinion from the International Committee of Justice.
• To confirm the powers, functions and procedure of Regional Conference.

10. The Governing Body

11. Functios of The Governing Body
• Period of office of the Governing Body is three years
• Required to elect, from its members, a Chairman and two Vice-Chairmen so as to ensure
representation of government, employers and workers, each
• Procedure and the time of meetings are regulated by the Governing Body itself, but a special
meeting can be convened only on a written request made by at least 16 representatives of the
Governing Body
• Functioning under the general direction of the ILC and prepares the agenda to be placed
before the International Labour Conference
• appoints the Director General of the International Labour Office, supervises its functioning

12. International Labour Office

13. Functions of International Labour Office
• The collection and distribution of information on all subjects relating to the international
adjustment of the conditions of industrial life and labour
• Examination of subject which it proposes to bring before the Conference with a view to the
conclusion of International Conventions
• The conduct of such special investigations as may be ordered by the Conference of the
Governing Body”
• Prepare documents on the various items of the agenda for the meeting of the Conference;
accord to Government at their request all appropriate assistance within its power in connection
with the framing of laws and regulations on the basis of the decisions of the Conference
• Improvement of administrative practices and systems of inspection;

14. Continued...
• Edit and issue publications dealing with problems of industry and unemployment of
international interest
• Carryout the duties required of it in connection with the effective observance of Conventions.

15. ILO and International Labour Standard
• Legal instruments drawn up by the ILO’s constituents setting out basic principles and Rights
at Work
• First considered in the 19th century among the Western countries
• Provides human conditions of work and also for preventing unfair advantage to employers in
countries whose municipal laws did not regulate working conditions
• Either conventions, which are legally binding international treaties or recommendations which
serve as non-binding guidelines
• Protections against forced labour, slavery and child labour; non-discrimination in employment
practices; the right to unionise

16. Continued...
• Important Conventions on Core Labour Standard :
 Freedom of Association and Protection of the Right to Organise Convention, 1948
 Right to Organise and Collective Bargaining Convention, 1949
 Forced Labour Convention, 1930
 Abolition of Forced LabourConvention, 1957
 Equal Remuneration Convention, 1951
 Discrimination (Employment and Occupation) Convention, 1958
 Minimum Age Convention, 1973
 Worst Forms of Child Labour Convention, 1999
 Minimum Wage Fixing Convention, 1970
 Termination of Employment Convention, 1982
 Protection of Wages Convention, 1949

17. Procedure of Implementation
• Conventions and Recommendations are drawn up by the representatives of Govt. , Employer
and Workers
• At the ILC there is a discussion on the issues by the members present from various nations
• The matters raised can only be adopted when it is passed by 2/3rd of the delegates present at
the conference
• Once it is adopted, the members are to submit it to the competent authority in their respective
nations

18. Continued...
• After it is ratified, the ratifying country is to apply these conventions and recommendation in
their national laws
• If any of the ratifying nation violates the provision of the convention that they ratify, then
complaint procedure can be initiated against them.

19. Conventions and Recommendation
• 189 Conventions and 206 Recommendation of ILO till date
• Eight Fundamental Conventions are binding on every member country of ILO
regardless of ratification :
 Freedom of Association and Protection of the Right to Organise Convention, 1948
 Right to Organise and Collective Bargaining Convention, 1949
 Forced Labour Convention, 1930
 Abolition of Forced Labour Convention, 1957
 Minimum Age Convention, 1973
 Worst Forms of Child Labour Convention, 1999
 Equal Remuneration Convention, 1951
 Discrimination (Employment and Occupation) Convention, 1958

20. Continued...
• The four governance Conventions are :
 Labour Inspection Convention, 1947
 Employment Policy Convention, 1964
 Labour Inspection (Agriculture) Convention, 1969
 Tripartite Consultation (International Labour Standards) Convention, 1976
• Some Conventions and Recommendations concerning Medical Care and Sickness
Benefit
 Sickness Insurance (Industry) Convention of 1927
 Medical Care and Sickness Benefits Convention of 1969
 Medical Care Recommendation of 1944

21. Continued...
• Conventions and Recommendations relating to Employment Injury Benefit :
 Workmen’s Compensation (Agriculture) Convention , 1921
 Workmen’s Compensation (Accidents) Convention,1925
 Workmen’s Compensation (Occupational Diseases)Convention,1925
 Equality of Treatment (Accident Compensation),Convention,1925
 Equality of Treatment (Accident Compensation)Recommendation ,1925
 Employment Injury Benefits Recommendation ,1964

22. ILO and India
• India has been a founding member
• The ILO has played a vital role in influencing not only specific laws and policies but also on
legal ideas and institutions as they evolved in India.
• Many principles of ILO are also reflected in the Constitution of India in the form of
‘Directive Principles’ of State Policy.
• ILO's current portfolio in India centers around child labour, preventing family indebtedness
employment, skills, integrated approaches for local socio-economic development and
livelihoods promotion
• It also includes dealing with issues like green jobs, value-addition into national
programmes, micro and small enterprises, social security, migration, industrial
relations, dealing with the effects of globalization, productivity and competitiveness,
etc.

23. Continued...
• Due to the impact of ILO Conventions on Indian labour legislation many industrial Acts have
been enacted some of which are:
 Factory Act, 1922;
 the Ports Act, 1908,
 the Employment of Children Act, 1938;
 the Mines Act, 1952;
 the Workmen’s Compensation Act, 1923;
 the Indian Railways (Amendment) Act, 1930
 and the Maternity Benefit legislations etc

24. Ratifications for India
47 Conventions and 1 Protocol
• Fundamental Conventions: 6 of 8
• Governance Conventions (Priority): 3 of 4
• Technical Conventions: 38 of 178
• Out of 47 Conventions and 1 Protocol ratified by India, of which 39 are in force, 5
Conventions and 0 Protocol have been denounced; 4 instruments abrogated; none have been
ratified in the past 12 months.

25. Continued...
Fundamental Conventions
C029 - Forced Labour Convention, 1930 (No. 29) 30 Nov 1954
C100 - Equal Remuneration Convention, 1951 (No. 100)25 Sep 1958
C105 - Abolition of Forced Labour Convention, 1957 (No. 105) 18 May 2000
C111 - Discrimination (Employment and Occupation) Convention, 1958 (No. 111)03 Jun 1960
C138 - Minimum Age Convention, 1973 (No. 138) Minimum age specified: 14 years 13 Jun 2017
C182 - Worst Forms of Child Labour Convention, 1999 (No. 182)
Governance (Priority)
C081 - Labour Inspection Convention, 1947 (No. 81) Excluding Part II 07 Apr 1949
C122 - Employment Policy Convention, 1964 (No. 122) 17 Nov 1998
C144 - Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144)
27 Feb 1978

26. Continued...
Technical
C001 - Hours of Work (Industry) Convention, 1919 (No. 1)
C006 - Night Work of Young Persons (Industry) Convention, 1919 (No. 6)
C019 - Equality of Treatment (Accident Compensation) Convention, 1925 (No. 19)
C042 - Workmen's Compensation (Occupational Diseases) Convention (Revised), 1934 (No.
42)
C089 - Night Work (Women) Convention (Revised), 1948 (No. 89)
P089 - Protocol of 1990 to the Night Work (Women) Convention (Revised), 1948 ratified on 21
Nov 2003 (In Force)Has ratified the Protocol of 1990

27. Continued...
Abrogated or Denounced Conventions
• C147 - Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147)26 Sep1996
(Not in force Automatic Denunciation on 08 Oct 2016 by convention MLC,2006)
• C041 - Night Work (Women) Convention (Revised), 1934 (No. 41) 22 Nov 1935
(Not in force Abrogated Convention By decision of the International Labour Conference
at its 106th Session (2017))
• C021 - Inspection of Emigrants Convention, 1926 (No. 21) 14 Jan 1928
(Not in force Abrogated Convention - By decision of the ILC at its 107th Session (2018))
• C002 - Unemployment Convention, 1919 (No. 2) 14 Jul 1921
(Not in force Denounced on 16 Apr 1938)

28. Thank You