India and

Ratification of ILO
Conventions
-Miss Monica Rani
Visiting Faculty
 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.
 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.
 International labour standards have proved effective
and useful in formulating national policies, legislation
and practices on diverse social and labour aspects.
 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.
 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)
 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.
 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.
 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.
 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.
 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.
 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.
 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.
 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.
 For the purpose of this Convention, the term worst
forms of child labour comprises:
 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.
 The use, procuring or offering of a child for
prostitution, for the production of pornography or for
pornographic performances.
 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.
 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.