Labour Rights

Week 5

International Labour Organisation

The ILO was created in 1919, as part of the Treaty of Versailles that ended World War I, to reflect the belief that universal and lasting peace can be accomplished only if it is based on social justice. What is the connection between rights, justice and peace?

Primary goal of ILO today

..is to promote opportunities for women and men to obtain decent and productive work, in conditions of freedom, equity, security and human dignity. Juan Somavia, ILO Director-General

Preamble to ILO Constitution

And whereas conditions of labour exist involving such injustice, hardship and privation to large numbers of people as to produce unrest so great that the peace and harmony of the world are imperilled; and an improvement of those conditions is urgently required; ........ Can you think of some areas which require improvement to protect human rights of workers?

Areas of improvement listed in the Preamble

Regulation of the hours of work including the establishment of a maximum working day and week; Regulation of labour supply, prevention of unemployment and provision of an adequate living wage; Protection of the worker against sickness, disease and injury arising out of his employment; Protection of children, young persons and women; Provision for old age and injury, protection of the interests of workers when employed in countries other than their own; Recognition of the principle of equal remuneration for work of equal value; Recognition of the principle of freedom of association; Organization of vocational and technical education, and other measures.

Decent work
Decent work sums up the aspirations of people in their working lives their aspirations for opportunity and income; rights, voice and recognition; family stability and personal development; and fairness and gender equality. Ultimately these various dimensions of decent work underpin peace in communities and society. Decent work reflects the concerns of governments, workers and employers, who together provide the ILO with its unique tripartite identity.

4 strategic objectives of decent work

Fundamental principles and rights at work and international labour standards; employment and income opportunities; social protection and social security; and social dialogue and tripartism. These objectives hold for all workers, women and men, in both formal and informal economies; in wage employment or working on their own account; in the fields, factories and offices; in their home or in the community.

Eight conventions identified as "fundamental by ILO's Governing Body

They cover subjects that are considered as fundamental principles and rights at work: freedom of association and the effective recognition of the right to collective bargaining; the elimination of all forms of forced or compulsory labour; the effective abolition of child labour; and the elimination of discrimination in respect of employment and occupation.

Eight conventions identified as "fundamental by ILO's Governing Body

These principles are also covered in the ILO's Declaration on Fundamental Principles and Rights at Work (1998). In 1995, the ILO launched a campaign to achieve universal ratification of these eight conventions. There are currently over 1,200 ratifications of these conventions, representing 86% of the possible number of ratifications.

ILOs 8 Fundamental conventions

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) Right to Organise and Collective Bargaining Convention, 1949 (No. 98) Forced Labour Convention, 1930 (No. 29) Abolition of Forced Labour Convention, 1957 (No. 105) Minimum Age Convention, 1973 (No. 138) Worst Forms of Child Labour Convention, 1999 (No. 182) Equal Remuneration Convention, 1951 (No. 100) Discrimination (Employment and Occupation) Convention, 1958 (No. 111)

India & ILO Conventions

India is yet to become a party to Freedom of association and collective bargaining Conv. 87 & Conv. 98; Abolition of child labour Conv. 138 & Conv. 182 India has become a party to Elimination of forced and compulsory labourConv. 29 & Conv. 105 and Elimination of discrimination in respect of employment and occupation Conv. 100 & Conv. 111

Declaration on Fundamental Principles and Rights at Work (1998).

Adopted in 1998, the Declaration commits Member States to respect and promote principles and rights in four categories, whether or not they have ratified the relevant Conventions. These categories are: freedom of association and the effective recognition of the right to collective bargaining, the elimination of forced or compulsory labour, the abolition of child labour and the elimination of discrimination in respect of employment and occupation.

Supervising implementation
The ILO has developed various means of supervising the application of Conventions and Recommendations in law and practice following their adoption by the International Labour Conference and their ratification by States. There are two kinds of supervisory mechanism: the regular system; special procedures (representation, complaint, special procedure regarding freedom of association).

ILO Supervisory system

Regular system of supervision: examination of periodic reports submitted by Member States on the measures they have taken to implement the provisions of the ratified Conventions Special procedures: a representations procedure and a complaints procedure of general application, together with a special procedure for freedom of association

Indian position reg. ILO conv. 138 and 182

Government of India fully subscribes to the objectives and purposes of the Convention on the Rights of the Child (to which India is a party) as well as the ILO Conventions No. 138 and 182 (which India is yet to ratify). India fully recognizes that the child has to be protected from exploitation of all forms including economic exploitation. Towards this end, Government of India has taken a wide range of measures including prescribing minimum age of 14 years for employment in hazardous occupations, as domestic helps, at eateries as well as in certain other areas.

Indian position reg. ILO conv. 138 and 182

Regulatory provisions regarding hours and conditions of employment have also been made. Recently, a National Commission for the Protection of Childs Rights has been set up for speedy trial of offences against children or of violation of childs rights. The present socio-economic conditions in India do not allow prescription of minimum age for admission to each and every area of employment or to raise the age bar to 18 years, as provided in the ILO Conventions. Government of India remains committed to progressively implement the provisions of Article 32 of the Convention on the Rights of the Child, particularly paragraph 2 (a), in accordance with its national legislation and international obligations.