CHAPTER 1: INTRODUCTION

RESEARCH OBJECTIVES
RESEARCH QUESTIONS
RESEARCH METHODOLOGY
CHAPTER 2: CLASSIFICATION OF CORE LABOUR ISSUES
AND STANDARDS
CHAPTER 3: CORE

LABOUR

DEVELOPING COUNTRIES
CHAPTER 4: COMPARATIVE

STANDARDS

ANALYSIS

ON

LABOUR STANDARDS IN INDIA AND CHINA

CHAPTER 5: CONCLUSION AND SUGGESTIONS
BIBLIOGRAPHY

AND
CORE

Chapter 1: Introduction
The tripartite International Labor Organization (ILO) is a foundation taking into account
United Nations that unites together the Governments or their agents, business' associations,
exchange unions, and so forth and secures labour rights, spread social equity and welfare and
advances generally perceived human and labour rights by making into the note of use of
traditions and suggestions, assigning tolerable work with wellbeing, respect and opportunity
and supporting Governments, bosses and exchange unions in fact.
These traditions are once received by ILO meeting, and after that the part country will
endorse them. However, the confirmation is deliberately yet the concerned Nation ought to
execute and sanction the tradition for the National hobby.
Center Labor Standards are the set or system of generally and globally concurred set of
traditions which rotates around the base expected standard of workers at work. The Core
Labor Standards are an "advantaged" set of principal & general work norms and unbreakable
human rights stipulating that these guidelines have the wide spreads characteristics moral
benchmarks connected with 'human rights'.
The enactments set by the Nation and the benchmarks or the rules set by the International
Labor Organization through the settlements, traditions and proposals incorporate all the vital
parts of boss representative relationship in a vocation. This incorporates opportunity of
affiliation and the eective acknowledgment of the privilege to aggregate haggling, the end
of all types of constrained and necessary work, the eective cancelation of youngster work
and the disposal of separation in appreciation of vocation and occupation.
Since its initiation, firstly, the International Labor Organization started to talk of 'center work
measures' at the 1995 World Summit for Social Development and in 1998 the ILO
Declaration of Fundamental Principles and Rights at Work was embraced at the International
Labor Conference. The core labour standards relate to the following ILO conventions1:
1

Convention 87, freedom of association and protection of the right to organize,

1948;

1 See Ratifications of ILO conventions, http://www.ilo.org/dyn/normlex/ ((Last visited September 13, 2015,
09:55 p.m. (N.T.M) )

Convention 98, the right to organize and collective bargaining, 1949;

Convention 29, forced labour, 1930, relating to the suppression of forced labour;

Convention 105, the abolition of forced labour, 1957;

Convention 100, equal remuneration, 1951 (equal remuneration for men and
women for work of equal value);

Convention 111, discrimination (employment and occupation), 1958 (to promote

equality of opportunity and treatment in respect of employment and occupation);

Convention 138, minimum age, 1973 (for the abolition of child labour the
condition is that the minimum age for admission to employment or work shall be
not less than the age of completion of compulsory schooling (normally not less
than 15 years);

Convention 182, worst forms of child labour convention, 1999.

So far the government of India has ratified 41 ILO conventions. However, it has
ratified only 4 out of 8 core ILO fundamental human rights Conventions which are
Convention 29, Convention 100, Convention 105 and Convention 111.While the government
of China has ratified Convention 100, Convention 111, Convention 138 and Convention 182
out of 8 core fundamental human rights conventions2.
The research is aimed at doing a comparative research between India and China in terms of
their core fundamental labour standards so as to suggest some measures to improve the
present labour laws existing in these two countries in order to reform the economic conditions
of the marginalized people or the bonded labourers. The researcher will bring into limelight
enlightening the various perspectives which are being faced by India and China in
implementing the rest of the fundamental core conventions and novel suggestions which can
help in enforcing the same.
RESEARCH OBJECTIVES: The objectives of this research are outlined below:
a) To thoroughly examine the basic concepts of ILOs Core Labour Standards.
b) To analyze and compare the implementation & ratification strategy of India and China
c) To suggest amenable guidelines to assure a degree of certainty and proper
implementation of Core Labour Standards.
2 Ibid. See Annex 1: Core Labour Standards and ILO Conventions

REASEARCH QUESTIONS: The research is based on the following research questions:

a) What are the core labours standards prescribed by the International Labour
Organization and why was it prescribed?
b) How many Core Labour Conventions are ratified by India and China and what are the
long term plans and effects of these conventions on these two countries?
c) What is the difference between the ratification strategy of India and China from sociocommunist point of view?

RESEARCH METHODOLOGY: The methodology adopted is purely doctrinal in nature

and the paper undertakes an analytical and investigative research methodology.
Qualitative research aims to gather an in-depth understanding of the subject, it
investigates the hidden and unclear answers of the implementation problems of these two
countries. The present research is done with the help of Primary Resources such as
regulations and notices issued by competent authorities. Secondary sources such as
books, journals & periodicals, speeches, and more were also been referred.
Footnotes have been provided wherever needed, either to acknowledge the source or to
point to a particular provision of law. Uniform Bluebook (19th ed.) citation format has
been followed for footnoting.

Chapter 2: Classification of Core Labour issues and Labour Standards

The core labour issues in the labour market persist due to the limited resources available to
them and the protection against their rights are limited. The labour issues exist mainly in the
under-developing countries as well as developing countries. Though, we cant not deny on
the fact that labour issues do not exist in the developed countries as well.
There are main core labour issues in the developing as well as developed countries are
discussed as follows:a) Exploitation of Child LabourChild labour is prevailing in all the nations in the world irrespective of the laws, regulations
are framed by the Government3. Children engage themselves in the labour work, or
commercial work by which they tend to work in the industry for their master even more than
they propose to do. Though, the countries impose laws for compulsory education for the
children and the laws restricting to not work in any enterprises, but these laws and regulations
result in the violation of laws and we can see children engaging themselves and doing manual
works or labour works in the factory. There are exceptions for the family enterprises such as
farming in ones own parental farm.
3 E.g. the minimum working age in India is 14 years for non hazardous places
while 18 for all proper working conditions and in China is 16 years.

Child workers in commercial sector are generally being exploited by covering them under
minimum age requirements and they work there for the maximum hours and even in the night
shifts and those enterprises fix the wages according the minimum wages regulations.
Due to the poverty, children work in the industries, factories (small scale industries) for the
manual work which is very hazardous and harmful for their health. The commercial
enterprises exploit child labour by taking unfair advantage of their lack of knowledge about
the laws and regulations and illiteracy and sometimes poverty. Sometimes, the parents push
their children to work and earn wages for the familys betterment4.
It is very common in the countries that they make children to engage with labour work since
from the age of 5 years or even before in order to train them about handicrafts, building
construction, municipal works, etc. without paying off them wages or salary5.
b) Bonded labour or slavery
We consider bonded labour or slavery an illegal act throughout the world and nothing to do
about it and hence, it persists in most of the place in the world. Bonded labour can simply be
defined as in order to pay back the debt or repayment of the loan, a person becomes bonded
labourer and renders its labour services in order to fulfill the debt taken though the medium of
mortgage pledged as a security for the non-fulfillment of the debts. This kind of labour is also
known as forced labour because it extends though generations to generations or from parents
to children due to the non-payment of the loan or debts.
This stipulates there is no values of a labour force more than just a slave of a principal per se
and enjoys right over him as a property.
Child or woman trafficking can be considered as slaves when they are forced to work or to
engage themselves in prostitution or other sexual profession. They are first exported to
another country and later on threatened to work in any manner the principal demands6.

4 E.g. if economic growth involves an improvement of domestic income, families

may decide to send their children to school.
5 See World Bank, World Development Report 2000-2001 for data of 1996
6 However, an analysis could be necessary to determine which relation exists
between child labour and exploitation of children which is precisely the core
labour standard.

c) Prison labour
The prison labour is very prominent throughout the international arena. In this, the prisoners
cannot be asked compulsorily to work but to assess the conditions of the work they are
assigned to and the measures in which their outputs are used.
By this way, the products or the outputs by the prison labours in the Asian countries make
their entry into commercial enterprises and build up their markets through the way of
exporting.
d) Discrimination
Discrimination can be defined as an activity or practice of enabling of different working
conditions related to employment scheme of the labourers, wages for the labourers on the
basis of personal bias and discretion not on the basis of the capabilities they possess or on the
basis of favouritism, such as gender, race, nationality, caste, creed, etc.
This kind of practice is prohibited in all the countries but still exists. Sometimes, they were
enabled by the Government or sponsored by the Government in an order to achieve their
political and economical goals. E.g. Jobs set-asides in Gujarat (India), preferences given to
Hindus only. As a result, complaints were filed about this discrimination and the action was
taken.
e) Absence of bargaining rights
Mostly, workers are not given powers or not so capable to form unions or any kind of labour
associations in order to bargain with their employers over wagers and their working
conditions. Child labourers and employees are prevented it from doing so because the nature
of the labour market or the business they are engaged with is like this. They are restrained
from taking any actions against the market sector.
f) Poor working conditions
In the case of child labour, bonded labours or any employees, the weak and lower standards
of the terms of employment, such as- long hours, day-night shifts, unpaid and forced
overtime or Begar, hazardous places which cause injury and toxic exposure, lack of
provision of water and sanitation, etc., may lead to the existence of undesirable working
conditions. These conditions are mostly prevailing in the developing countries or poor
countries as well as well developed countries also. A good working condition should persist

by setting good wages and by providing labourers basic amenities required at the place of
work.
Classification of Core Labour Standards
Core Labour Standards represent fundamental rights of a worker, which can be applied
throughout the world anywhere, in all stages of development 7. As argued by ILOs
conference, an international consensus has been made that these fundamental rights should be
globally recognized and protected.8
Core Labour Standards are referred into 4 categories of minimum rights and standards in
International law are regarded to be the most fundamental and impossible of subject to be
transformed or changed human and labour rights which are as follows:-

a)Basic Rights
This incorporates right against automatic subjugation, right against physical intimidation,
right against segregation, right against the misuse of kid work, and so forth. However, every
nation has their own particular social, temperate and moral measures and they have their
enactments which are not uniform as far as tyke work and separation
b)

Civic Rights

This incorporates right to free affiliation, right to aggregate representation or bartering on the
whole over working conditions, right to free articulation of grievances, and so on.
c)

Survival Rights

7 See Convention on Economic, Social, and Cultural Rights (1966); Convention on Civil
and Political Rights (1966); See also Convention on Rights of the Child (1989)

8 See the social summit of Copenhagen (1995), the ILO declaration on

fundamental rights of workers (1998)

This incorporates right to a living pay, right to full data about the risks employment
conditions, right to mischance remuneration, right to restricted hours and work week, and so
on.
d)

Security Rights

This incorporates right against subjective rejection, right to retirement pay, right to survivor's
remuneration, and so forth.
On the other hand, a synopsis of all the Core Labor Standards are quickly clarified as takes
after on which 8 centre principal traditions were approved that I have expressed in the first
place.
Freedom of association and recognition of the right to collective bargaining over the working
conditions-It unequivocally gives assurances to these associations to work without impedance
from open powers. The tradition does not bargain explicitly with the privilege to strike, but
rather in its translation, the Committee of Experts has considered a general forbiddance of
strikes to be a limitation on exchange union action, and as opposed to the tradition's
procurements. There are greatly poor working conditions in numerous production lines
creating for global fare and where exchange unions face huge obstructions to arranging 9.
Labourers have the privilege to set up and join exchange unions without earlier approval. In
any case, there is no lawful commitment on managers to perceive exchange unions or to take
part in aggregate haggling10. By and large, bosses are frequently threatening towards
exchange unions and utilization intimidation, dangers, beatings and downgrade. Legitimate
techniques are long and expensive and work examination and authorization of work
enactment are regularly inadequate with regards to, rendering the activity of lawful rights to
opportunity of affiliation to a great degree troublesome. Labourers have the privilege to sort
out and aggregate dealing in Export Processing Zones, called Special Economic Zones
9See ITUC online, We give dignity to domestic workers, Interview with DWM
Project Coordinator Anjali Shukla And Teresa Joseph, 2 April 2007
10See
http://www.imfmetal.org/files/10090711101866/Conference_on_Ratification_ILO_
CLS.pdf, retrieved on 05/10/2015 at 08:01 p.m. (N.M.A.)

(SEZs). By and by, passage into the zones is limited which makes sorting out and exchange
union exercises troublesome in SEZs.11
Right to eliminate all forms of forced or compulsory labour- It is a significant issue in each
creating nation, and in spite of the fact that projects of activity have been executed,
substantially more stays to be done. There keeps on being an absence of solid measurements,
which is especially hazardous in recognizing the issue's incomprehensibility and in measuring
advancement made in disposal. Reinforced work is pervasive chiefly in agribusiness,
additionally in commercial ventures, for example, mining, block ovens, silk and cotton
creation, and beedi generation12. Trafficking of individuals is pervasive in every one of the
nations whether they are creating and created and the states of work of these trafficked
persons are to a great degree exploitative and include bondage like practices 13. Working hours
are long, wages low and frequently withheld, and wellbeing dangers and expenses are
serious".
Right to abolish all the worst forms of child labour and implementation of minimum wages
of employment- Right to nullify all the most noticeably awful types of tyke work and
execution of least wages of occupation Child work is a matter on which both the focal
government and state governments can administer. Various authoritative activities have been
embraced at both levels. One of them is the Child Labour (Prohibition and Regulation) Act,
198614. This Act forbids the job of kids underneath the age of 14 years in 13 occupations and
57 forms that are unsafe to the kids' lives and wellbeing15. The youngsters make extend
periods of time are paid not exactly the business sector compensation and are presented to
11 See Shenoy, P.D., Globalization: Its impact on labour in India, RIS paper
February 2009, http://www.ris.org.in/Seminar_on_India_Globalization.htm
12See Human Rights Watch, Overview of bonded child labour in India, 2003,
http://www.hrw.org/reports/2003/india/India0103-02.htm, retrieved on
06/10/2015 at 08.00 p.m. (N.M.A.)
13 See
http://www.imfmetal.org/files/10090711101866/Conference_on_Ratification_ILO_
CLS.pdf, retrieved on 05/10/2015 at 08:10 p.m. (N.M.A.)
14 See Global March against Child Labour and ICCLE, Review of Child Labour,
Education and Poverty Agenda, India Country Report 2006

pesticides. Fortified tyke work is a major issue in every one of the nations. Albeit
predominant in diverse segments and businesses, the silk business gives a critical
illustration16.
Right to abolish and elimination of discrimination in respect of employment and occupation
-Convention III (1958) gives security against any separation, avoidance or inclination on the
grounds of race, sex and political feeling, 'which has the impact of invalidating or debilitating
equity of treatment'. Singular nations are left a genuinely wide edge of tact in embracing
strategies to battle such separation. The Constitution furnishes a few procurements with
respect to non-separation, including balance in the witness of the law, rise to insurance under
the law, and disallowance of segregation by the State on various grounds including sex. Extra
procurements incorporate correspondence of chance in matters of open business and no
separation in admiration of any vocation or office under the State on grounds including sex.
Besides the State needs to guarantee that subjects have the privilege to a sufficient method for
employment and that there is equivalent pay for equivalent work for both men and ladies. The
State must further endeavour to minimize disparities in salary. Articles 14 and 15 of the
Constitution (balance under the steady gaze of the law and restriction of segregation on
grounds of religion, race, position, sex, or place of conception) "did not cover private area
representatives and that far reaching oppression Dalits, Adivasis and ladies in the
development and angling commercial ventures.17

Chapter 3: Core Labour Standards and Developing countries

15 Ibid.
16 See Human Rights Watch, Overview of bonded child labour in India, 2003,
http://www.hrw.org/reports/2003/india/India0103-02.htm retrieved on 06/10/2015
at 08.00 p.m. (N.M.A.)
17 See Human Rights Watch, India: Hidden Apartheid of discrimination against
Dalits, February 2007,
http://hrw.org/english/docs/2007/02/13/india15303_txt.htm retrieved on
06/10/2015 at 08.30 p.m. (N.M.A.)

The International Labour Code is enshrined in two main instruments: International Labour
Conventions and Labour Recommendations. International Labour Conventions are designed
to be ratified by member states, which thereby agree to implement their provisions
effectively, usually through national legislation, but Labour Recommendations are standards
intended as a guide for national action, frequently supplementing and amplifying the
provisions of Conventions18. ILO member states must report regularly about their
implementation of ratified conventions, these reports being considered by the Committee of
Experts in the Application of Conventions and Recommendations, and by the International
Labour Conference, which meets annually. There is also complaints procedure, which usually
results in a Commission of Enquiry to resolve the matter. In a constantly changing world
environment it has always been difficult for the ILO to maintain an up-to-date labour code,
but the emergence and membership of sovereign states in the Third World has presented a
more serious challenge to the continuing role of labour standards. In a major review of the
Code during the period 1974-80, the ILO's Governing Body identified approximately half of
the conventions and recommendations as 'priority instruments'. Despite these efforts, many
have expressed the view that the labour code has failed to address the most pressing problems
of social and economic development. The Indian Government has recently called on the ILO
to shift its emphasis away from standard setting towards other operational activities
(especially in the employment and training fields), which would be a 'quicker means to
achieving the aims and purposes of the ILO19.
To some extent, the misgivings of ILO's developing country membership are reflected in the
ratification record. Although the average number of ratifications per state was 34 at the end of
1983, 60 ratifications were recorded per Western European country, while there were only 26
per African country and 20 per country in Asia and the Pacific. But these figures conceal
some interesting detail. The USA, for example, has only ratified 7 conventions, while Mexico
has ratified 65, and India 34. An examination of the human-rights Conventions indicates little
significant difference between the developing and the developed countries. But the
developing countries clearly lag behind in ratifying important conventions on employment
18 See Protecting workers in the third world, Overseas Development Institutes,
Briefing Paper, 3September 1985.
19 See Government of India, International Labour Standards: A Critical Review
Department of Labour, New Delhi 1984.

and working conditions. Moreover, questions remain over how effectively the developing
countries implement ratified standards as compared with the developed countries. Three
broad criticisms have been expressed concerning the apphcation of ILO's Labour Code to the
developing countries. First, much of it addresses issues that are not important enough to
countries which place high priority on more rapid socio-economic development and the
alleviation of poverty. According to this view, most ILO standards concern subjects which
can only be properly dealt with when the 'war against want is won'. Second, even when
standards are considered relevant to their priorities, many developing countries regard them
as too ambitious, given their state of development. Clearly the ILO must strike a balance
between setting the standard high enough so that it can be an agent of social and economic
change, but not so high as to make it out of the foreseeable reach of most member countries.
Third, there are practical difficulties faced by the developing countries in implementing the
standards. They can ill afford the administrative machinery necessary to implement and
supervise labour standards, especially when large numbers of small establishments are
covered by the standard in question. Given these constraints, standards can only be applied to
a section of the workforce, usually in the urban formal sector. They are likely therefore to
increase disparities and create an elite workforce, which would increase, rather than decrease
inequality and social injustice.20
Few generalisations can be made about the relevance, realism and practicality of ILO's
Labour Code. A growing number of countries that have experienced rapid industrialisation
have relatively large proportions of their working population in industry. For these newly
industrialising countries, ILO standards are becoming more relevant. ILO standards relating
to basic human rights are generally regarded as universal in application, regardless of level of
development21. Yet many complaints lodged through ILO procedures deal with violations of
these rights, especially the freedom of association for trade union purposes. Several
developing countries (e.g. Brazil, Chile, Malaysia, Pakistan and Singapore) have placed
restrictions on trade union activity which, to varying degrees, violate the freedom of
association in practice. In some, trade unions are repressed and their leaders imprisoned. I LO
is faced with a growing list of complaints over violations of freedom of association, which it

20 See also, The Global Labour Standards Controversy, Critical issues for
developing countries, Ajit Singh and Ann Zammit, November 2000.
21 Ibid.

views with some apprehension22. Similarly, ILO standards on conditions of work, and health
and safety aspects are held to be applicable regardless of the level of development. Recent
Tragedies in Bhopal (India) and Mexico have highlighted the need for increased vigilance,
especially in the developing countries. ILO's recent World Labour Report notes that while use
of known toxic substances (such as carbon disulphide and asbestos) has declined in the
developed countries, their use has increased in the developing countries. Not surprisingly, the
Report shows that the rate of fatal accidents in industry is several times higher in developing
countries than in developed countries, where it is declining. Yet, some developing-country
governments have expressed the view that 'too strict a requirement imposed on occupational
health and safety measures may not encourage inflow of capital especially from
transcontinental corporations23.
Another group of ILO standards present more difficulties to the developing countries,
because their implementation is more closely related to the level of overall development, and
the underlying socio-economic structure. Included in this group are standards relating to
hours of work, minimum wages, child and female labour, night work and social security.
While these issues arouse concern among workers' organisations, especially in the developed
countries, legislative changes in the developing countries are unlikely to be effective, in the
absence of complementary socio-economic development.
In remaining faithful to the philosophy of its founders who maintained the universality of
standards, the ILO has resisted proposals to 'regionalise' the code, but has so far not
succeeded in deriving a satisfactory and practical definition of basic standards which would
be applicable to all countries. Differences in national conditions and levels of development
have instead been taken into account by the inclusion of 'flexibility' devices built into various
standards in the Labour Code. These include the possibility of ratifying conventions in part or
in stages, limitations on the scope of application of a convention, and 'escalator' clauses,
permitting a gradual increase in the level of protection. Given these flexibility arrangements,
the ILO maintains that, 'by and large, the ratification record indicates that the existing
conventions are neither beyond the reach of the developing countries nor devoid of interest

22 Ibid
23See Statement by representative of Ministry of Labour and Manpower, Government of
Malaysia, reported in ILO/ARPLA, Developing Countries and ILO Standards, Bangkok, April
1983.

for the more advanced countries24. However relatively few countries have taken advantage of
these arrangements and concern has been expressed at recent International Labour
Conferences that flexibility will undermine the role of standards as obligation creating
instruments, and as stimuli to improving working conditions.

Chapter 4: Comparative Analysis on Core Labour Standards in India and China

International Trade Union Confederation (ITUC) directs compliance with the core
conventions for labor standards and trade policy in general, and forms country reports to the
World Trade Organization (WTO) to be used in discussions in the WTO Council.
Position in India:
India has ratified four out of eight core conventions which are mentioned as follows25:1. Convention 29, forced labour, 1930, relating to the suppression of forced labour;
2. Convention 105, the abolition of forced labour, 1957;
3. Convention 100, equal remuneration, 1951 (equal remuneration for men and women for
work of equal value);
4. Convention 111, discrimination (employment and occupation), 1958 (to promote
equality of opportunity and treatment in respect of employment and occupation);
India has not ratified ILO Convention No. 87 on Freedom of Association and Protection of
the Right to Organise or Convention No. 98 on the Right to Organise and Collective
Bargaining. The rights to organise, collective bargaining and strike are restricted both in law
and in practice. The authorities do not always respect the right to peaceful assembly and
thousands of detentions and arrests are reported every year. Anti-union discrimination takes
place and many workers have faced threats and violence in their efforts to unionise or call a
strike. In export processing zones, organising is particularly difficult. India has ratified ILO
24See ILO, The Impact of International Labour Conventions and Recommendations
Geneva 1976.

25 See also http Labour Standards,://www.ilo.org/global/standards/lang-en/index.htm (Last visited 06/10/ 2015, 09:50 p.m. (N.T.M) )

Convention No. 100 on Equal Remuneration and Convention No. 111 on Discrimination
(Employment and Occupation). Although the law prohibits discrimination on various
grounds, certain groups face discrimination in employment. There is a considerable gender
pay gap. India has not ratified ILO Convention No. 138, the Minimum Age Convention or
Convention No. 182, the Worst Forms of Child Labour Convention. The law does not
sufficiently protect children from forms of labour that are illegal under those Conventions.
The laws are not enforced adequately and child labour, including its worst forms, is prevalent.
India has ratified ILO Convention No. 29, the Forced Labour Convention and Convention
No. 105, the Abolition of Forced Labour Convention. Forced labour and trafficking in human
beings are prohibited by law. However, forced labour is a problem in agriculture, mining,
commercial sexual exploitation, and other sectors.

Position in China:
China has ratified four out of eight core ILO labour conventions.26
1. Convention 100, equal remuneration, 1951 (equal remuneration for men and women
for work of equal value);
2. Convention 111, discrimination (employment and occupation), 1958 (to promote
equality of opportunity and treatment in respect of employment and occupation);
3. Convention 138, minimum age, 1973 (for the abolition of child labour the condition is
that the minimum age for admission to employment or work shall be not less than the
age of completion of compulsory schooling (normally not less than 15 years);
4. Convention 182, worst forms of child labour convention, 1999

China has not ratified either of the core ILO Conventions on freedom of association and
collective bargaining. Workers do not have the right to organise in trade unions of their
choice. Legal trade unions have to be affiliated to the ACFTU and accept its control.
Although there have been some efforts to establish collective wage consultation systems, the
right to collective bargaining is restricted as is the right to strike, both in law and in practice.
The lack of proper representation is reflected in the number of protests and labour disputes
26 Ibid.

that have been rising over the years. Under extensive state secrets legislation it is a crime to
publish unofficially sanctioned data, even on national strike figures or unemployment
numbers, resulting in a lack of official public data on labour related issues. China has ratified
the core ILO Conventions on equal remuneration and discrimination. Discrimination is
prohibited by law but in practice, while there is an absence of gender segregated data, clearly
it is prevalent. Women, ethnic minorities and persons who live with HIV/AIDS and Hepatitis
B frequently suffer from discrimination in remuneration and in access to employment,
education and public services. Institutionalised discrimination against migrant workers from
rural areas remains a serious problem, despite recent legislation.
China has ratified the core ILO Convention on the worst forms of child labour and the ILO
Convention on minimum age. Child labour, although prohibited under the age of 16, is a
serious problem in China. Children are sometimes employed under forced conditions or
performing the worst forms of child labour. Law enforcement officers often fail to apply the
law effectively. Work-study programmes, run under school auspices, frequently result in
forced child labour. China has not ratified the core ILO Conventions on forced labour. Forced
labour is prohibited in China but does occur in commercial enterprises. There is forced prison
labour in the form of re-education through labour camps, including prison labour by
children. Progress in prosecuting traffickers and in protecting and assisting victims of
trafficking, which affects women, men and children, has been limited so far.

Comparative analysis between the core labour standards of China and India
The integration of China and India into the world economy has had an important impact on
the worlds labour market. The redistribution of global industry, resulting from increased
competition for capital, has heightened attention to Indian and Chinese labour standards.

Mandatory day of rest

In both India and China, National Labour laws require employers in all categories to provide
a day of rest during the week. 27 Indian state laws confirm the mandatory day of rest. All of
the states in this report have a 6-day week; apart from West Bengal where 1.5 days of closure
are required by law.28 Chinese provinces show no variation. In both countries, if an employee
is requested to work on his/her scheduled days of rest, compensation by an alternate day of
rest should be provided. In China, a wage premium of 200% is required according to Article
44 of the Labour Law29.
Working hours
In India, national laws and every one of the states in this report restrain the consistent week's
worth of work to 48 hours. Indian state laws are however particular as to the way in which
these work hours may be alloted, by characterizing most extreme hours every day, greatest
hours without rest, and the most extreme aggregate spread of hours inside which work and
rest must be incorporated. Indian work laws for the most part force a prohibition on night
work for ladies, albeit a few states, for example, Karnataka and Andhra Pradesh, have lifted
this boycott for endeavors in data innovation30. Tamil Nadu has no prohibition on night work
for ladies in its shops and business foundations.31
Chinese work law stipulates that standard working periods might not surpass eight hours in
one day and 44 hours in a week all things considered 32. One year after this law became
effective, the State Council issued a declaration on hours of work, which gives that the
27 For India, see Mines Act, 1952, No. 35, Acts of Parliament, sec. 28, 1952, or
Factories Act, 1948, No. 63, Acts of Parliament, sec. 52, 1948; for China, Laodong
Fa (promulgated by the Standing Comm. Natl Peoples Cong., Jul. 5, 1994,
effective January 1, 1995), arts. 41-42, 1994(PRC) available at
http://trs.molss.gov.cn/was40/mainframe.htm .1994[hereinafter Labour Law]
28 See West Bengal Shops and Establishment Act, 1963, No. 13, West Bengal
Acts, Sec. 5, 1963.
29 Ibid.
30See Women journalists can work on night shifts, Hindu, May 11, 2007,
available at http://www.hindu.com/2007/05/11/stories/2007051108570400.htm.,
retrieved on 06/10/2015 at 02.30 a.m.
31See Tamil Nadu Shops and Establishments Act, 1947, No. 36, Tamil Nadu Acts,
1947.

aggregate hours worked in one week might not surpass 40, with the exception of as generally
gave. This change aligns China with worldwide standards.33
Overtime
Both nations restrict the measure of extra time that is conceivable, and both administer that
any additional time ought to be remunerated with a compensation premium.
In India, none of the states has a summed up restriction on obligatory extra time. They take
note of that businesses may oblige representatives to work in overabundance of consistent
hours, for times of stock-taking or record arrangement. On the other hand, as far as possible
the hours of additional time conceivable on a given day, a given week or over a more drawn
out period. Government laws, for example, the Factories Act and the Mines Act require a
100% pay premium for any extra minutes work done. 34
In China, a business may require a worker to work in overabundance of his/her typical
calendar after counsel with the exchange union and the representative. Extra minutes ought
not surpass one hour for every day when all is said in done and be close to three hours for
each day if such additional time is because of particular reasons and under the condition that
the worker's soundness is ensured. Accordingly, China has no summed up restriction on
required extra time. All things considered, extra minutes ought not to surpass 36 hours in one
month. These principles representing additional time can be suspended so as to manage
extraordinary cases, for example, to guarantee the proceeded with conveyance of key open
administrations and to complete earnest repair work to the business' gear 35. The extra time
rate of pay ought to be no fewer than 150 for every penny of the representative's customary
compensation rate for all hours that surpass the standard hours of work (eight hours a day and
32Ibid Labour Law, Art 36
33See Guowuyuan guanyu Xiugai Guowuyuan Guanyu Zhigong Gongzuo Shijian
de Guiding de Jueyi[State Council Regulations on Staff and Workers Hours of
Work], (promulgated by the St. Council, Feb. 17, 1995, effective May 1, 1995),
Art. 3, 1995 (P.R.C), available at
http://www.people.com.cn/item/flfgk/cyflfg/c021.html , retrieved on 06/10/2015
at 03.00 a.m.
34 See Mines Act, supra note 32, Sec. 33; Factories Act,supra note 32, Sec. 59
35 See Labour Law, supra note 32, Arts. 41-42

40 hours a week).36 The national standard of additional time premium has been reaffirmed by
all the common regulations on installment of wages that have gone in the most recent five
years.

Annual leave
India and China both require that businesses furnish representatives with get-away. Grownups working in Indian processing plants are permitted one three day weekend for each twenty
they work37 Indian states in this report assurance somewhere around two and three standard
weeks of paid yearly leave for workers at foundations The compensation substitution rate
differs between the pay rates at the day going before leave, to the day by day normal pay rate
for the first three months (barring additional time pay). While most states require that the
representative give a sure time of sufficient notification and that the worker have a sure time
of residency at the business, frequently 240 days, Bihar's law naturally precludes any worker
who has been included in an illicit strike from access to yearly leave amid the year. 38 Indian
states don't by and large determine whether gathered forget may be paid in comparable wages
rather, albeit a few states require this pay if a worker is rejected. Andhra Pradesh permits a
worker to money up to eight days of any collected annual leave.39
While in China, by correlation, yearly leave is ensured under the Regulations on Paid Annual
Leave for Staff and Workers. Then again, the term of leave permitted is fixed to rank.
Representatives who have worked over one year and under 10 years are qualified for five
days of yearly leave. The individuals who have worked no less than 10 years yet under 20
years are qualified for 10 days. At long last, representatives are qualified for 15 days once
they have worked for no less than 20 years 40. In the event that a business can't orchestrate a
worker to take annual leave in view of work environment requests, then the business may
36 Ibid.
37 See Factories Act,supra note 32, Sec. 79.
38 See Andhra Pradesh Shops and Establishments Act, 1988, No. 20, Andhra
Pradesh Acts, 1988.
39 Ibid.

continue the untaken leave to the next year, yet this may just be done once. By and by, if the
representative concurs, a Chinese manager may pay a specialist 300 percent of the worker's
day by day wage for every day of yearly leave collected yet not taken.

Sick leave/ Wiped out leave

In India, paid wiped out leave is ordered broadly through the Employees' State Insurance Act.
It is presently just relevant to representatives winning not as much as Rs. 10,000/month in
specific foundations and in certain (basically urban) regions of most states, however it doesn't
yet apply to any place in Arunachal Pradesh, Manipur, Mizoram, Nagaland, Sikkim or
Tripura. The advantages are half pay for a most extreme of 91 days of wiped out leave in one
year. The same demonstration requires the installment of sums to balance the expense of vital
medicines for the representative and his/her reliant crew. Toward the end of March 2006, the
plan secured around 8.4 million Indian specialists and their families.41
State debilitated or sick leave laws apply just to the shops and business foundations they
cover, and not the expansive governmentally directed commercial enterprises. Maharashtra is
the main state where wiped out leave is not unequivocally said in state law. Himachal Pradesh
has an extra law that amplifies wiped out and easygoing leave advantages to mechanical
foundations that are generally secured by government rules in such matters. 42
Chinese work law alludes to the privilege to debilitated leave by stipulating that a worker
might not be rejected in the term of statutory wiped out leave.48 In 1994, the MOHRSS
proclaimed point by point rules for wiped out leave, giving that a representative is qualified
for take paid wiped out surrender over to a greatest of three months to twenty four months,
contingent upon the length of their working life and the period they have served the present

40 See Zhigong Daixin Nianxiujia Tiaoli[Regulations on Paid Annual Leave for Staff and
Workers] (promulgated by the St. Council, Dec. 7, 2007, effective January 1) Art. 3, 2007
(P.R.C.), available at http://trs.molss.gov.cn/was40/mainframe.htm , retrieved on
06/10/2015 at 03.30 a.m.

41 Employees State Insurance Act, 1948, No. 34, Acts of Parliament, 1948,
available at http://esicdelhi.org.in/esiact.php. retrieved on 06/10/2015 at 03.30
a.m.
42 Ibid.

manager43. The rate of pay installment for a representative on wiped out leave might be no
under 80 for every penny of neighborhood the lowest pay permitted by law. 44
Discussion
Our data provides a systematic overview of standards governing working conditions in a
wide variety of economic contexts within both India and China. We believe that our research
demonstrates that both countries, perhaps contrary to popular perception, have legislated
many important aspects of a floor of labour conditions. One of the greatest concerns raised
regarding globalisation is that increasing competition from countries with low labour
standards could have an adverse effect on working conditions around the world. While there
are minor differences between India and China on a number of fronts in the substance of the
standards, there are a great number of commonalities in how the legislated norms indicate
employees in the respective jurisdictions should be treated.
Comparison of standards
Overall, India fails to meet the 1962 Reduction of Hours Recommendation of the ILO69,
which suggests that countries work to bring down their weekly hours from 48 hours to 40. In
contrast, China has achieved this goal in a very short time. Most Indian women are legislated
away from night work even beyond the requirements of the ILO's Night Work (Women)
Convention from 194870, whose benefits are not available to Chinese women. Workers in
many Indian states and Chinese workers whose working life is less than 20 years also fail to
benefit from the ILO's revised 1970 Holidays with Pay Convention of three-week annual
leave. Indian employees covered by the federal ESI Act are protected by the ILO's special
recommendations for countries without advanced medical facilities, with a sickness benefit of
13 weeks as detailed in the 1952 Social Security (Minimum Standards) Convention.71
43 Qiye Zhigong Huanbin huo Feiyingong Fushang Yiliaoqi Guiding [Regulations
on Period of Sick and Non-Industrial Injury Leave for Enterprise Workers]
(promulgated bythe Ministry of Labour, Dec. 1, 1994, effective January 1, 1995),
Art. 3, 1994 (P.R.C.), available at http://trs.molss.gov.cn/was40/mainframe.htm
retrieved on 06/07/2015 at 03.45 a.m.
44 Guanyu Guanche Zhixing (Zhonghua Renmin Gongheguo Laodong Fa) Ruogan
Wenti de Yijian [Opinions on Several Issues Concerning the implementation of the
Labour Law of the Peoples Republic of China] (promulgated by Ministry of
Labour, Aug. 4, 1995, effective August 4, 1995), Art. 59, 1995 (P.R.C.)available at
http://trs.molss.gov.cn/was40/mainframe.htm retrieved on 06/07/2015 at .4.00
a.m.

However, states fall short with their sick leave standards, while Chinese provinces perform
much better. India's inability to extend protection to large portions of its workforce also
hampers its ability to meet the requirements of the Convention.
Comparison of legal frameworks
Chinas standards are a relatively recent development and demonstrate a single overarching
approach to all employment contracts in the country. Indias laws, however, date from much
earlier, reflecting the standards deemed suitable in the immediate post-independence period.
The Indian approach to labour law is much more piecemeal, covering different industries and
sectors through different laws. This patchwork method of legislation contributes in part to
the vast sectors of Indian labourers who fall through these regulatory gaps, depending on
such factors as the size of the establishment of their employment, or their jurisdiction of
employment as well.
These differences are compounded by the governance systems of each country. The unitary
system in China provides a uniform blanket of regulation across the country, which provinces
may alter only slightly. In India, although the basic principles remain standard throughout the
country, the joint constitutional jurisdiction over labour makes the details of norms quite
diverse. This system has an impact on transparency in Indian law, as it makes it more
difficult to know which laws apply in which instances compared to China.

Chapter 5: Conclusion and Suggestions

Workers have the right to organize and collective bargaining, but employers are not obliged
to recognize a union or to enter into collective bargaining, and high representation levels are
required to form a union. Public sector workers are restricted in their rights to organize and to
collective bargaining. The right to strike is restricted through prior notice and the Essential
Services Maintenance Act. Current proposals for amendments to the labour legislation would
further restrict trade union rights. There has been an increase in contract labour, and there is a
general repression of freedom of association, varying from state to state, which has included
police violence. Discrimination in employment and wages is prohibited, however there are a
number of legal shortcomings and in practice discrimination in employment and wages is
common. Women are mainly employed in agriculture and in the informal economy. Women
are also underrepresented in public sector employment and earn less than men. There is
serious discrimination regarding employment and wages of Dalits, who are employed in the
most exploitative forms of labor. Forced labour is prohibited by law but does occur in the
form of trafficking of persons for the purpose of labour or forced prostitution. There is a
widespread problem with bonded labor. Enforcement and sufficient penalties are often
lacking
Hence, India and China are moving towards improving government transparency, but the
more recent Chinese experience with labour law reform suggests the importance of analysing
the value of a uniform legal code, in contrast to Indias current legal structure. The different
governance systems in both countries also highlight the impact of decentralisation in the
maintenance and implementation of labour standards. In addition, a review of the histories
of labour law development in each country would highlight the social conditions that are
most propitious for the creation of decent working conditions in contrasting social, economic
and political contexts that nonetheless lead to converging results. These future directions in
understanding labour policies that cover one-third of the world would elucidate questions that
remain on how to protect workers globally through good and bad economic times.

BIBLIOGRAPHY:

List of Important Books Referred:

1. Dr. H.K.Saharay, Textbook on Labour & Industrial Law, 6th edition,
Universal Law Publishing Co. Private Limited, New Delhi, 2014.
2. S C Srivastava, Industrial Relations & Labour Laws, 6th revised edition,
Vikas Publishing House Private Limited, Noida, 2014.
3. Prof.K.M.Pillai, Labour & Industrial Laws, 16th edition, Allahabad Law

Agency, Haryana, 2015.

4. H.L.Kumar, Labour Laws (Everybody Should Know), 10th edition, Universal
Law Publishing Co. Private Limited, New Delhi, 2015.
5. P.L.Maliks Handbook of Labour & Industrial Law, 15th edition, Eastern
Book Company, Lucknow, 2014.
Lists of important websites referred:

1. Labour Standards,
2.

http://www.ilo.org/global/standards/lang--en/index.htm (Last

visited September 13, 2015, 09:50 p.m. (N.T.M) )

Ratifications of ILO conventions, http://www.ilo.org/dyn/normlex/ ((Last visited
September 13, 2015, 09:55 p.m. (N.T.M) )