India And Ratification Of Ilo Conventions.pptx

India and Ratification of ILO Conventions -Miss Monica Rani Visiting Faculty

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Employers in several developed countries and unions, government and employers in several developing countries have been resisting any formal linkage between labour standards and trade. Like linkage of child labour and export of products through rugmark is never liked by employer.

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Mere ratification does not guarantee the achievement of the main objectives of a Convention, though it propagates the idea that the ratifying nation is concerned about the issue dealt with by the Convention.

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International labour standards have proved effective and useful in formulating national policies, legislation and practices on diverse social and labour aspects.

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Beyond these, in industrial relations, code of conduct might also be formulated in these manners:

(a)

actual labour standards; what people are paid, how jobs are designed, the levels of safety, etc.;

(b)

Formal policies which purport to shape corporate conduct in certain ways.

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The (following) eight Core Conventions of the ILO (also called fundamental/human rights conventions) are required to be followed by the nations which have not ratified these conventions( as per the Declaration on Fundamental Principles and the Philadelphia Declaration). :

1.

Forced Labour Convention (No. 29)

2.

Equal Remuneration Convention (No.100)

3.

Abolition of Forced Labour Convention (No.105)

4.

Discrimination (Employment Occupation) Convention (No.111)

5.

Freedom of Association and Protection of Right to Organised Convention (No.87)

6.

Right to Organise and Collective Bargaining Convention (No.98)

7.

Minimum Age Convention (No.138)

8.

Worst forms of Child Labour Convention (No.182)

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Forced Labour Conventions C 9 and 105 have been ratified. Further, Article 23 of the Constitution and the Bonded Labour System (Abolition) Act, 1976 provide safeguard to the rights of the workers against forced labour.

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Equal remuneration is safeguarded by the Constitution as Article 14 and 15 upholds the principle of equality between men and women. The Equal Remuneration Act, 1926 also seeks to provide for equal remuneration to men and women. The Constitution upholds equality, denounces discrimination and encourages preferential treatment to disadvantaged groups in society. Convention No. 111 has been ratified by India in 1960 only.

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Convention No.87 concerning Freedom of Association and Protection of the Right to Organize provides for the right of workers and employers, without any distinction, to establish and join organizations of their own choice without previous authorization.

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India has not ratified Convention Nos. 87 and 98 concerning freedom of association and right to collective bargaining due to 'technical difficulties' involving trade union rights for civil servants, though the Trade Union Act, 1926 meets with part of the objectives of these Conventions.

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DoPT’s view is that ratification of these Conventions would involve granting of certain rights that are prohibited under the statutory rules for Government employees, namely, to strike work, restrictions on maintaining any political funds, to openly criticize Government policies, to freely accept financial contribution, to freely join foreign organizations etc. The real intention seems to be that Indian government’s policy has been to restrict freedom of association to only manual workers (by defining them as Workmen) and exclude supervisory and managerial workers.

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The other interest of the government is not to allow the right of collective bargaining even to industrial workers in government's departmental undertakings like the Railways, Post and Telecommunications, Central Public Works Department, etc. Further, the government, on the basis of the Pay Commission's recommendations and not through collective bargaining, decide their pay and allowances.

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Minimum Age Convention No. 138 has not been ratified by India but the Child Labour (Prohibition and Regulation) Act, 1986 bans employment of children below the age of 14. In several laws the minimum age is defined differently. Employment of children in certain heavy and hazardous industries (Schedule A, part 3) is prohibited by law and the government is taking steps to enforce it strictly. Several court judgements under public interest litigation have actively supported the prohibition and regulation of child labour.

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It is noteworthy to mention that the Convention dealing with worst forms of child labour i.e. C. 182 has not been ratified by India and children are being exploited for begging, drug abuse, slavery, bonded labour, trafficking.

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For the purpose of this Convention, the term worst forms of child labour comprises:

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All forms of slavery or practices similar to slavery, such as the sale and trafficking of children (debt bondage and serfdom and forced or compulsory labour), including forced or compulsory recruitment of children for use in armed conflict.

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The use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances.

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The use, procuring or offering of a child for illicit activities, in particular of the production and trafficking of drugs as defined in the relevant international treaties.

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Work which by its nature or the circumstances in which it is carried out is likely to harm the health, safety or morals of children.