INTERNATIONAL LABOUR ORGANISATION
CONVENTIONS
4.1 Introduction :
Establishment
of International Labour Organization, aims and Objective of the ILO,
relationship between India and ILO, Conventions and Recommendations of ILO in
regard to social security and basic human rights, and the role of ILO, on
labour management relations are presented in this chapter.
International Labour Organisation
(ILO) is the most important organisation in the world level and it has been
working for the benefit of the workers throughout the world. It was established
in the year 1919. It is a tripartiate body consisting of representatives of the
Government, Employer, workers. It functions in a democratic way by taking
interest for the protection of working class throughout the world.
It is also working at the
international level as a ‘saviour of workers’ ‘protector of poor’ and it is a
beacon light for the change of social justice
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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.
The idea of protecting the
interest of the labour against the exploitation of capitalists owes its origin
to the philanthropic ideology of early thinkers and philosophers, and famous
among them is “Robert Owen” who being himself an employer took interest in
regulating hazardous working conditions of the workers and also in human
conditions under which the workers were being crushed underneath the giant
wheels of production.
The concept of Socialism as a
potential and political force emerged in consequence to increasing development
of capitalism, as an answer and defence to it. In the beginning, these social
thoughts were considered Utopian and they came to be regarded as Utopian
Socialism expanded mainly in England, France and the United States and the
expression
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comprises in its ambit the revolutionary thoughts of political thinker
like Robert Owen, Saint- Simon, Fourier and many others. There was an
industrial revolution by which many industries were established consequently
social and economic evils have spread and so socialism has become very
essential.
In the United Kingdom, as a
consequence because of industrialization many problems arised and labour
exploitation emerged. The United Kingdom was the first country to be
industrialized and subsequently other countries followed to industrializing
their places. With a view to have protection from the exploitation of the
employers the employees tried to organize and unionise their associations, but
the industrial countries such as the United Kingdom followed by the United
States of America and other industrial countries made attempts to restrict the
Trade Union Movement by passing anti combination laws.
The United Kingdom passed
Anti-Combination Act of 1899, 1900 and the USA enacted Sherman and Clayton Acts
which were vigoursly enforced against the workers to discourage formation of
trade unions.
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All these exploitations by the
employers compelled the sufferers to take refuse in the utopian doctrines.
Robert Owen being an employer took interest on the welfare of the workmen. Even
during the period of shut-down of his mill he paid full wages to the workers.
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 Encyclopedia Britannica
referring to the origin of I.L.O wrote thus “The name of Robert Owen is often
quoted as pioneer of International Labour Organisation on account of the two
memoranda which are submitted to the Congress Aachen in the year 1818.1
4.2 Establishment of International Labour Organisation
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.
1 Enclopedia Britanica (14th Edn), Vol.12, Page 517.
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(1)
Universal peace can be
established only if it is based on social justice and social justice implies
the working of the equitable conditions of labour.
(2)
Regulation of labour conditions
must be accomplished internationally because “the failure of any nation to
adopt human conditions for labour is an obstacle in the way of the other
nations which desire to improve the conditions of labour in their own
countries.
(3)
Examples of methods for improving
conditions of labour are indicated as below :-
a. Establishment
of maximum working days and week;
b. Prevention
of unemployment;
c. Provision
of adequate living wage;
d.
Protection of labour against
sickness, disease and injury arising out of his employment;
e. Protection
of children women and young persons;
f. Provision
for odd-age.
To achieve above mentioned
objectives and to implement these principles, the Peace Treaty prescribed that
a permanent organisation should be established and thus, the I.L.O came into
existence in the year
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1919. Article 1 of the I.L.O Constitution therefore stipulated that “A
permanent organisation is hereby established for the promotion of the
objectives set forth in the preamble to this constitution”.
4.2.1
Preamble of the International Labour Organisation
The preamble of the I.L.O
constitution which was originally supplemented by the Peace Treaty of 1919 and
later by the Philadelphia Declaration of 1944 envisages the objectives of
International Labour Organisation.
4.2.2 Aims of the International Labour Organisation
The principle aim of the I.L.O is
the welfare of labour as reaffirmed by the Philadelphia Conference of 1944
under the Philadelphia Declaration, on which the I.L.O. is based.
(a)
Labour is not a commodity;
(b)
Freedom of expression and of
association are essential to sustained progress;
(c)
Poverty anywhere constitutes
danger to prosperity everywhere; and
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(d)
The war against want requires to
be carried on with unrelenting vigour within each nation, and by continuous and
concerted international effort in which the representatives of workers and
employers, employing equal status with those of governments, join with them in
free discussion and democratic decision with a view to the promotion of the
common welfare.2
4.2.3 The objectives of the I.L.O
The objectives of the I.L.O are
enunciated in the preamble to its Constitution, supplemented by Article 427 of
the Peace Treaty of Versailles, 1919; as well as by the Philadelphia
Declaration of 1944.
The Declaration of Philadelphia
set for 10 objectives, which the International Labour Organisation was to
further promote among the Nations of the world. The theme underlying these
objectives is social justice. The objectives are as follows :
(a)
Full employment and the revising of standards of
living,
(b)
The employment of workers in the
occupation in which they can have the satisfaction of giving the fullest
measure of their skill
and make their contribution to the common well
being,
2 M. Maheswara Swamy,“Impact of I.L.O standards on
Indian Labour 2007, p.28
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(c)
The provision, as means to the
attainment of this end, and under adequate guarantees for all concerned, of
facilities for training and the transfer of labour, including migration for
employment and settlement.
(d)
Policies in regard to wages and
earning forms and other conditions of work. Calculate to ensure a just share of
the fruits of progress to all, and a minimum living wage to all employed and in
need of protection.
(e)
The effective recognition of the
right of collective bargaining, the co-operation of management and labour in
the continuous improvement of productive efficiency and the collaboration of
workers and employers in social and economic measures,
(f)
The extension of social security
measures to provide a basic income to all in need of such protection and
comprehensive medical care,
(g)
Adequate protection for the life
and health of workers in all occupations,
(h)
Provision for child welfare and maternity
protection.
Key Words :
Child Labor, Employment law, Labor law, International Law, Labour law,
United nations, Workers, Workman, Women, Children, ILO,