Impact of ILO on Labor Laws in India The ILO (International Labor Organization) was set up in the year 1919 1919,, wi with th an aim aim to impr improv ove e th the e cond condit itio ions ns o labo labors rs arou around nd th the e world!India was the ounding member o ILO, which has now e"panded its its memb member ersh ship ip to 1#$ 1#$ nati nation ons! s! ILO ILO th thro roug ugh h its its conv conven enti tion ons s and and recommendations helps nations to draw their own set o labor laws or the better treatment o the wor%ing class, and the preservation o their rights! The principal means o action in the ILO is the setting up the Int Intern ernatio tional nal Labo Laborr &tan tandar dards in th the e or orm o 'onv onvent entio ions ns and and ecomm ecommend endati ations ons!! 'onven 'onventio tions ns are are intern internat ation ional al treat treaties ies and are are instruments, which create legally binding obligations on the countries that th at rati ratiy y th them em!! eco ecomm mmen enda dati tion ons s are are non nonbi bind ndin ing g and and set set out out guidelines orienting national policies and actions! Labor Law regulates matters, such as, labor employment, remu remune nera rati tion ons, s, and and cond condit itio ions ns o wo wor% r%,, trad trade e unio unions ns,, and and labo laborr management relations! They also include social laws regulating such aspec aspects ts as comp compen ensa sati tion on or or acci accide dent nt caus caused ed to a wo wor% r%er er at wo wor% r%,, *"a *"atio ion n o min inim imu um wages ges, mat matern ernity ity ben bene*t e*ts, sha sharin ring o th the e comp compan any+ y+s s pro* pro*tt by th the e wo wor% r%er ers, s, and and so on! on! ost ost o th thes ese e lega legall instruments regulate rights and responsibilities o the wor%ing people! The approach o India with regard to International Labor &tandards has always been positive! The ILO instruments have provided guidelines and useul ramewor% or the evolution o legislative and administrative measures or the protection and advancement o the interest o labor! To th that at e"te e"tent nt th the e in in-u -uen ence ce o ILO ILO 'onv 'onven enti tion ons s as a stan standa dard rd or or reerence or labor legislation and practices in India, rather than as a legally binding norm, has been signi*cant! ati*cation o a 'onvention impose imposes s legall legally y bindin binding g obliga obligatio tions ns on th the e countr country y concer concerned ned and, and, thereore, India has been careul in ratiying 'onventions! It has always been the practice in India that we ratiy a 'onvention when we are ully satis*ed that our laws and practices are in conormity with the relevant ILO 'onvention! It is now considered that a better course o action is to proceed with progressive implementation o the standards, leave the ormal rati*cation or consideration at a later stage when it becomes practicable! .e have so ar rati*ed /9 'onventions o the ILO, which is much better than the position obtaining in many other countries! 0ven where or special reasons, India may not be in a position to ratiy a 'onv 'onven enti tion on,, Indi India a has has gene genera rall lly y vote voted d in avo avorr o th the e 'onv 'onven enti tion ons s reserving its position as ar as its uture rati*cation is concerned! 'ore 'onventions o the ILO The eight 'ore 'onventions o the ILO (also called undamental2human undamental2human rights conventions) are 3orced Labor 'onvention (4o! 59) 6bolition o 3orced 3orced Labor 'onvention 'onvention (4o!17$) 08ual emuneration 'onvention (4o!177) iscrimination (0mployment Occupation) 'onvention (4o!111) (The above our have been rati*ed by India)! 3reedom o 6ssociation 'onvention (4o!;<)
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:rotection
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Organized
ight to Organize and 'ollective =argaining 'onvention (4o!9;) inimum 6ge 'onvention (4o!1/;) .orst orms o 'hild Labor 'onvention (4o!1;5) (These our are yet to be rati*ed by India) 'onse8uent to the .orld &ummit or &ocial evelopment in 199$, the abovementioned 'onventions (&l!4o!1 to <) were categorized as the 3undamental >uman ights 'onventions or 'ore 'onventions by the ILO! Later on, 'onvention 4o!1;5 (&l!4o!;) was added to the list! 6s per the eclaration on 3undamental :rinciples and ights at .or% and its 3ollowup, each ember &tate o the ILO is e"pected to give e?ect to the principles contained in the 'ore 'onventions o the ILO, irrespective o whether or not the 'ore 'onventions have been rati*ed by them! @nder the reporting procedure o the ILO, detailed reports are due rom the member &tates that have rati*ed the priority 'onventions and the 'ore 'onventions every two years! @nder the 3ollowup to the ILO eclaration on 3undamental :rinciples and ights at .or%, a report is to be made by each ember &tate every year on those 'ore 'onventions that it has not yet rati*ed! 6ctive partnership policy A multidisciplinary team One o the maBor reorms initiated recently is the launching o the C6ctive :artnership :olicyD whose aim is to bring ILO closer to its constituents! The main instrument or implementation o the policy E is the multidisciplinary team, which will help identiy special areas o concern and provide technical advisory services to member &tates to translate ILO+s core mandate into action! The multidisciplinary team or &outh6sia is based in 4ew elhi! It consists o specialists on employment, industrial relations, wor%ers and employers+ activity, smallscale enterprises and International Labor &tandards! Child Labor Legislations ILO+s interest in child labor, young persons and their problems is well %nown! It has adopted a number o 'onventions and ecommendations in this regard! In India, within a ramewor% o the 'hild Labor (:rohibition and egulations) 6ct, 19;F and through the 4ational :olicy on 'hild Labor, ILO has unded the preparation o certain local and industry speci*c proBects! In two proBects, viz! 'hild Labor 6ction and &upport :rogrammes ('L6&:) and International :rogramme on 0limination o 'hild Labor (I:0'), the ILO is playing a vital role! The implementation o I:0' programmes in India has certainly created a very positive impact towards understanding the problem o child labor and in highlighting the need to elimination child labor as e"peditiously as possible! 6 maBor contribution o the I:0' programme in India is that it has generated a critical consciousness among all the / social partners or ta%ing corrective measures to eliminate child labor! The eect of ILO on Labor legislation in India
.ith the growth and e"pansion o actories and industries in the subcontinent beginning in the midnineteenth century, new avenues or employment were created, resulting in a gradual migration o the labor orce rom rural areas to mills and actories located primarily in urban areas! 6t that time, in the absence o any state control or organization o the wor%ers, the employers were less concerned about the needs o their employeesG the wor% hours were too long, wages much below the subsistence level, and the wor%ers+ employment conditions were unsatisactory! The situation led to the enactment o a number o legislations beginning rom the year 1;;1! These include, inter alia, the 3actories 6ct (1;;1), .or%men+s 'ompensation 6ct (195/), Trade @nions 6ct (195F), Trade isputes 6ct (1959), :ayment o .ages 6ct (19/F), aternity =ene*t 6ct (19/9), and the 0mployment o 'hildren 6ct The 3actories 6ct 1;;1 is the basis o all labor and industrial laws o the country! It contained provisions even or hours o wor% o women and wor%ers including that o minimum age or employment o children! 6ter the International Labor Organization (ILO) was ormed in 1919, this 6ct was amended and thereater repealed, resulting in the promulgation o the 3actories 6ct 19/#! It ma%es provision or saety, health and hygiene o the wor%ers and special provision or women and Buvenile wor%ers! It also prohibits child labor! It limits wor% o a child in actories, including the seasonal ones! @nder the ines 6ct 195/ which applies to wor%ers employed in mines, the hours o wor% or persons employed on surace are limited to ten per day and *ty our per wee%! The periods o wor% including rest interval shall not spread over more than 15 hours in any day! 3or wor%ers employed underground, the daily limit is nine hours per day! The 6ct does not contain provisions as to overtime wor%! 4o wor%er is to wor% in a mine or more than si" days a wee%! The 6ct does not provide or wages or the wee%ly rest day! The government o India set up an en8uiry committee in 195F to ascertain the loophole or irregularity o payment o wages to industrial wor%ers! The oyal 'ommission on Labor appointed in 1959 considered the reports and suggestions o the aoresaid en8uiry committee and recommended or enactment or prevention o maladies relating to payment o wages resulting in the promulgation o the :ayment o .ages 6ct in 19/F! It aimed, *rstly, at disbursement o actual distributable wages to wor%ers within the prescribed period and, secondly, to ensure that the employees get their ull wages without any deduction! The 6ct was passed to regulate the payment o wages to certain classes o persons employed in industry! The obBect o the 6ct obviously was to provide a cheap and speedy remedy or employees to whom the 6ct applied inter alia, to recover wages due to them, and or that purpose, a special tribunal was subse8uently created, but due to some inherent deects in the statute the recovery o decree able wages rema ined di?icult! The .ee%ly >olidays 6ct o 19#5 prescribes one paid holiday a wee% or persons employed in any shop, restaurant or theatre (e"cepting those employed in a con*dential capacity or in a position o management)! The government is empowered to grant additional hal day holiday with pay in a wee%
The Industrial isputes 6ct, 19#< came into being on the 1st day o 6pril 19#
