Impact of Ilo
Impact of Ilo
4.1
Introduction :
138
and social security. The I.L.O examines each and every problem of the
workers pertaining to each member country and discusses thoroughly in the
tripartiate body of all the countries. The I.L.O passes many Conventions
and Recommendations on different subjects like Social Security, Basic
Human Rights, Welfare Measures and Collective Bargaining. On the basis
of Conventions and Recommendations of I.L.O. every country incorporates
its recommendations and suggestions in its respective laws.
139
In
the
United
Kingdom,
as
consequence
because
of
140
It is very interesting to mention here that Robert Owen was the first
employer to reduce the working hours and to abolish the system of
imposing penalties on the defaulting workers. He desired for the follow up
of his ideas and thoughts by the other employers also. He published essays
in the year 1813 under the new name of A New View Society.
The following are the principles which gave birth to the I.L.O and
these following principles were incorporated in Part-XIII of the Treaty
Versailles.
141
(1)
(2)
Regulation
of
labour
conditions
must
be
accomplished
142
(a)
(b)
(c)
143
(d)
(a)
(b)
144
(c)
(d)
(e)
(f)
(g)
(h)
145
4.3
India became the member of the I.L.O in the year 1919 which is
from its inception. Though India had was not won independence by that
year i.e. 1919, it was admitted to the membership of the I.L.O. However its
membership, of the League of Nations and the I.L.O had not gone
unchallenged.
For it was argued that it would give an additional vote to the United
Kingdom. The British Government gave an assurance that British India was
democratically administered and upon this India along with China, Iran,
Japan and Thailand were few Asian countries to be admitted to the I.L.O
membership of the 24 States. Out of 40 States represented, India was one
which sent a full delegation to the first session of the International Labour
Conference held in the year 1919 at Washington.
146
The I.L.O and India have common aims, goals and destiny, for, both
of them are committed to world peace freedom and social justice. Both are
striving for the socio economic betterment of the long suffering, long
forgotten people, the people who are underprivileged and under nourished
with the fullest realization that any further delay would fatal for themselves
and the whole world.
It can be mentioned here that the I.L.O standards have been ratified
by all the countries irrespective of their political complexions or economicdevelopment and also varying forms and number depending upon many
factors. India is also greatly benefited by the I.L.O standards for the welfare
of the workers.
147
148
The United States and the United Kingdom entered into a treaty in
1916 for the protection of migratory bird, which in their annual migrations
traversed certain parts of the United States and Canada. Pursuant to this
3
149
treaty to give effect to its provisions the Migratory Birds Treaty Act of
1918 was passed in the United States. It prohibited the killing, capturing or
selling of any migratory birds including in the terms of the treaty. Therefore
such procedure will have to be followed in the case of International Labour
Standards for incorporation in the respective legislations.
150
(a)
(b)
Forced labour
(c)
151
This Convention provides that workers and employers shall have the
right to establish and join organizations of their own choosing without
previous authorization. The public authorities are to refrain from any
interference which would restrict the right to form organisation or impede
its lawful exercise. These organizations shall not be liable to be dissolved
or suspended by administrative authority. It also provides protection
against act of anti-union discrimination in respect of their employment.
This convention has been ratified by Albania, Argentina, Austria, Belgium,
Brazil, Byelorussia, Cuba, Denmark, Dominican Republic, Finland and
France. Federal Republic of Germany and India have not ratified this
particular convention.
152
arrest a trade union leader under the Essential Services Act, 19674, the
Preventive Detention Act, 1950, the Maintenance of Internal Security Act,
19715 Likewise the Code of discipline in industry, although non-legal and
non-statutory, one regulates the organisation of constitution of India itself,
while guaranteeing freedom in public interest and public good. These laws
and practice on trade unions do not conform to the requirements of the
convention.
153
154
Ahmendulla Khans commentary on the international labour organisation and the Indian
response, 2005, p..68.
155
4.4
156
Some of the other significant labour legislations are the Trade Unions Act,
1926, the Payment of Wages Act, 1936, the Industrial Disputes Act, 1947,
The Minimum Wages Act, 1948, The Factories Act, 1948, The Employees
State Insurance Act, 1948, The Employees Provident Fund and
Miscellaneous Provisions Act, 1952, The Payment of Bonus Act, 1965 and
the Payment of Gratuity Act, 1972. Job security to labour, and checking
exploitation by the employer is the essence of all these enactments.
Subrahmaya Swamy, Indian labour standards and the WTO frame work 2000, p.44
157
Date of
Ratification
A.
(i)
Freedom of Association
1.
2.
11.05.1923
18.08.1977
(ii)
Forced Labour
3.
4.
5.
30.11.1954
18.05.2000
29.09.1958
7.
03.06.1960
B.
Employment of Women
8.
9.
10.
25.09.1958
14.07.1921
25.03.1938
27.02.1950
C.
11.
158
09.09.1955
12.
13.
14.
14.07.1921
20.11.1922
20.11.1922
16.
27.02.1950
20.03.1975
D.
Social Security
17.
18.
30.09.1927
19.
13.01.1964
20.
13.01.1964
19.08.1964
E.
21.
22.
07.04.1944
27.02.1978
23.
01.04.1992
F.
24.
14.07.1921
25.
11.05.1923
159
26.
10.01.1955
27.
07.09.1931
28.
10.02.1947
G.
Migrant Workers
29.
H.
30.
I.
31.10.1632
31.
24.06.1959
32.
17.11.1998
J.
33.
17.11.1975
34.
16.06.1991
K.
Sea Farers
35.
26.04.1996
L.
Final Articles
36.
17.11.1947
37.
21.06.1962
160
Hours of Work:
161
Factories Act, 1948, Mines Act, 1952, Beedi and Cigar workers
(conditions of employment) Act, 1966 and Plantation Labour Act, 1951.
Weekly Rest:
The Weekly Rest (Industry) Convention (No. 14), 1921 was ratified
by India in 1923. The Convention provides that the entire personnel
employed in any industrial undertaking is to enjoy in every period of 7
162
Protection of wages :
Although India has not ratified the 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.
163
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.
Industrial Relations :
164
Convention
(No.
154,
1981)
Collective
Agreements
(No.92),
1951
and
Collective
Bargaining
165
4.5
There has been a natural trend, at the national level towards greater
focus on Human Rights. Under the influence of such factors as the new
prospects opened up by the technical progress, higher standards of
education, the growth of mass media the shrinking of distance due to
improved communication, the spread of ideals of social progress and
human betterment.
166
There are other no less powerful influences which have made the
question of human rights a topical issue throughout the world. Among them
a new awareness of the serious consequences of ignoring or openly in
fringing these rights, or simply of failing to take resolute action to promote
them.9
The important and main functions of the I.L.O are the following to
achieve its objectives cited below.
(1)
(2)
(3)
K. Krishna Murthy, Labour management relations under globalization Law and policy
perspective, 2009, p.63.
167
training
and
rehabilitation)
and
general
conditions
of
10
11
168
12
169
170
171
172