Module II: International Labour Standards (ILS)

Overview on International Labour Standards (ILS) and Supervision of ILS for the
Protection of Workers’ Rights

International Labour Standards (ILS) are legal instruments established by the International
Labour Organization (ILO) to promote decent work and ensure the protection of workers' rights
globally. These standards are fundamental for fostering social justice, ensuring fair working
conditions, and promoting economic growth. They serve as benchmarks for governments,
employers, and workers to create a fair and equitable labor environment.

1. Overview of International Labour Standards (ILS)

Definition:

International Labour Standards (ILS) are conventions, protocols, and recommendations

developed by the ILO to set minimum standards for working conditions, rights at work, and
social protections.

They address a broad range of labor issues, including working hours, wages, occupational health
and safety, social security, child labor, forced labor, and gender equality.

Types of ILS:

Conventions:

Legally binding international treaties ratified by member states.

Require governments to incorporate the standards into their national laws and practices.

Example: The Forced Labour Convention (No. 29), Minimum Age Convention (No. 138).

Recommendations:

Non-binding guidelines that complement conventions.

Provide detailed guidance for implementation or address issues not covered by conventions.

Example: Recommendation on HIV and AIDS and the World of Work (No. 200).

Protocols:
Additional binding instruments attached to existing conventions to address emerging issues or
strengthen implementation.

Example: Protocol of 2014 to the Forced Labour Convention.

Key Principles of ILS:

Promote freedom of association and the right to collective bargaining.

Eliminate forced labor, child labor, and discrimination.

Guarantee fair wages, safety at work, and social security.

Ensure equal treatment and non-discrimination in employment.

Purpose of ILS:

Protect workers' rights and promote decent work.

Establish a level playing field in global labor markets.

Address social and economic inequalities.

Guide governments in formulating labor laws and policies.

Core ILS (The Fundamental Conventions):

There are 8 Fundamental Conventions that form the core of ILS:

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

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

Forced Labour Convention (No. 29) and its Protocol (2014).

Abolition of Forced Labour Convention (No. 105).

Minimum Age Convention (No. 138).

Worst Forms of Child Labour Convention (No. 182).

Equal Remuneration Convention (No. 100).

Discrimination (Employment and Occupation) Convention (No. 111).

These conventions are considered universal human rights principles. Ratifying them is a
commitment to uphold these standards.
2. Supervision of International Labour Standards (ILS)

To ensure that ratified conventions are implemented effectively and workers' rights are upheld,
the ILO has developed a robust supervisory system. This system monitors compliance with ILS
and provides guidance to member states.

Mechanisms for Supervision:

The ILO uses a combination of regular supervisory mechanisms and special or ad hoc
procedures. These mechanisms include:

Regular System of Supervision:

Focuses on monitoring compliance with ratified conventions.

Key components:

a. Reports by Member States:

Governments submit periodic reports on the implementation of ratified conventions.

Reports detail legislative, administrative, and practical measures taken to comply with ILS.

b. Committee of Experts on the Application of Conventions and Recommendations (CEACR):

A body of independent experts examines the reports and provides observations and comments.

Observations highlight concerns or non-compliance, while comments suggest improvements.

c. International Labour Conference (ILC) Committee on the Application of Standards:

Reviews the findings of the CEACR and discusses specific cases of non-compliance.

Special Procedures:

Address serious and urgent cases of non-compliance, particularly where fundamental rights are
at stake.

Mechanisms include:

a. Representations:
Employers’ or workers’ organizations can submit complaints about a member state's failure to
implement a ratified convention.

Reviewed by the ILO Governing Body.

b. Complaints:

A formal procedure initiated by a member state, the Governing Body, or a delegate at the
International Labour Conference.

May lead to the establishment of a Commission of Inquiry for in-depth investigation.

c. Freedom of Association Cases:

Handled by the Committee on Freedom of Association (CFA).

Addresses complaints related to freedom of association and collective bargaining, even if the
relevant conventions are not ratified.

Role of Social Partners:

Employers’ and workers’ organizations play a crucial role in supervising ILS by:

Submitting reports and complaints.

Participating in discussions at the International Labour Conference.

Technical Assistance and Capacity Building:

The ILO assists member states in implementing ILS through:

Policy advice, legal assistance, and training programs.

Supporting the drafting of labor laws.

Promoting social dialogue among governments, workers, and employers.

Challenges in Supervision:

Lack of political will or resources in some countries to comply with ILS.

Weak enforcement mechanisms at the national level.

Conflicts between national laws and international standards.

Limited participation of social partners in some regions.

3. Importance of ILS and Supervision for Workers’ Rights

Protection of Workers' Rights:

ILS and their supervision ensure that workers are treated fairly and their rights are upheld.

They help prevent exploitation, unsafe working conditions, and discrimination.

Promotion of Equality and Non-Discrimination:

ILS fight against gender-based discrimination, child labor, and forced labor.

They create opportunities for all workers to have equal access to jobs and fair wages.

Global Standards for Decent Work:

ILS provide a framework for decent work, enabling workers to enjoy social security, safe
workplaces, and fair treatment.

Addressing Emerging Challenges:

Supervision mechanisms adapt to new challenges, such as the gig economy, climate change, and
technological advancements.

Social Dialogue and Tripartism:

ILS foster cooperation among governments, employers, and workers to resolve labor issues
collectively.

Conclusion

International Labour Standards (ILS) and their supervision are vital tools for protecting workers’
rights and promoting decent work worldwide. Through its conventions, recommendations, and
robust supervisory mechanisms, the ILO ensures that member states adhere to these standards,
fostering social and economic justice. However, effective implementation requires strong
political commitment, active participation of social partners, and continuous capacity building at
the national level.
The International Labour Organization (ILO) considers Freedom of
Association and Collective Bargaining as enabling rights because they are
foundational to the realization of other labor rights and essential for the promotion of decent
work, social justice, and fair treatment in the workplace. These rights empower workers and
employers to collectively negotiate and advocate for their interests, creating the conditions
necessary for a fair and equitable labor environment. Below is a detailed explanation of why
these are considered enabling rights:

1. Definition of Enabling Rights

Enabling rights are fundamental rights that act as prerequisites for achieving and exercising other
labor and human rights.

They create the conditions under which workers and employers can pursue improvements in
wages, working conditions, and other aspects of employment.

2. Freedom of Association and Collective Bargaining as Enabling Rights

a. Freedom of Association

Freedom of Association refers to the right of workers and employers to form and join
organizations of their choice without interference.

It is enshrined in the Freedom of Association and Protection of the Right to Organise

Convention, 1948 (No. 87).

This right allows workers to come together to collectively voice their concerns, negotiate with
employers, and influence decision-making processes.

b. Collective Bargaining

Collective Bargaining refers to the process by which workers (through their representatives) and
employers negotiate terms and conditions of employment, such as wages, working hours, and
workplace safety.

It is protected under the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

This process enables workers to secure agreements that improve their working conditions and
ensure fair treatment.

3. Why These Rights Are Enabling Rights

a. Empower Workers to Claim Other Rights

Freedom of Association and Collective Bargaining give workers the power to organize and
collectively advocate for their rights.

They provide the framework through which workers can demand their fundamental labor rights,
such as:

Fair wages.

Decent working conditions.

Protection against discrimination, harassment, and abuse.

Occupational safety and health.

b. Promote Social Dialogue

These rights facilitate social dialogue between workers, employers, and governments, which is
essential for resolving disputes, improving labor policies, and fostering industrial peace.

Social dialogue ensures that workers’ voices are heard and taken into account when laws and
policies are developed or amended.

c. Prevent Exploitation and Abuse

Without the ability to organize and bargain collectively, workers are often vulnerable to
exploitation, including:

Unsafe working conditions.

Unfair dismissal.

Discrimination in hiring and promotions.

Low wages and long working hours.

Freedom of Association and Collective Bargaining enable workers to collectively challenge such
abuses and negotiate better conditions, reducing power imbalances in the workplace.

d. Promote Decent Work

Decent work, a core goal of the ILO, is only achievable when workers can secure their rights
through collective action and negotiation.

Freedom of Association and Collective Bargaining are prerequisites for achieving the four pillars
of decent work:

Employment creation.
Social protection.

Rights at work.

Social dialogue.

e. Strengthen Democracy and Social Justice

These rights contribute to democratic governance by fostering participation, accountability, and

representation in the workplace.

Workers' organizations formed under the principle of freedom of association represent a

democratic voice for labor, promoting equality, social justice, and economic stability.

f. Enable Employers to Engage Constructively

Employers also benefit from these enabling rights, as they provide a structured means to address
workplace concerns, negotiate agreements, and avoid costly strikes and disputes.

Collective bargaining fosters cooperation and mutual understanding, improving workplace

productivity and morale.

g. Foundation for Fundamental Rights

Freedom of Association and Collective Bargaining are recognized as fundamental rights under
the ILO’s Declaration on Fundamental Principles and Rights at Work (1998). They are essential
for:

Eliminating forced and child labor.

Combating workplace discrimination.

Ensuring equal treatment and opportunities for all workers.

4. Link to Economic and Social Development

Freedom of Association and Collective Bargaining are not only critical for workers' rights but
also for broader economic and social development:

Reduce Inequality:

Collective bargaining helps reduce income inequality by ensuring that workers receive fair
wages and benefits.

Economic Stability:
Stable industrial relations, fostered through collective bargaining, create a predictable and
harmonious labor environment, which is essential for economic growth.

Poverty Reduction:

Empowered workers can negotiate for better wages and social protections, helping lift
themselves and their families out of poverty.

Improved Working Conditions:

These rights enable workers to demand safer workplaces and better health protections, reducing
workplace accidents and illnesses.

5. Challenges to Freedom of Association and Collective Bargaining

Despite their importance, these rights are often undermined in various contexts:

Legal Restrictions:

Some countries impose legal barriers that restrict the ability to form unions or engage in
collective bargaining.

Discrimination and Retaliation:

Workers who attempt to organize are sometimes subjected to harassment, dismissal, or violence.

Informal Economy:

Workers in informal sectors often lack access to these rights due to the absence of legal
protections.

Global Supply Chains:

In globalized labor markets, workers in developing countries may face challenges in exercising
these rights due to weak enforcement or employer resistance.

6. ILO’s Role in Promoting and Protecting These Rights

The ILO plays a critical role in ensuring that freedom of association and collective bargaining
are respected, promoted, and protected worldwide:

Core Conventions:
Conventions No. 87 and No. 98 are among the 8 Fundamental Conventions of the ILO, making
them universally applicable and prioritized for ratification and implementation.

Supervisory Mechanisms:

The ILO monitors compliance with these conventions through its supervisory system, including
the Committee on Freedom of Association (CFA) and the Committee of Experts on the
Application of Conventions and Recommendations (CEACR).

Capacity Building:

The ILO provides technical assistance and training to governments, employers, and workers to
strengthen their ability to exercise these rights.

Advocacy and Awareness:

The ILO promotes awareness of these rights through campaigns, research, and partnerships with
stakeholders.

Conclusion

Freedom of Association and Collective Bargaining are enabling rights because they empower
workers and employers to constructively negotiate and advocate for their rights, promoting fair
and just labor practices. They are essential for ensuring decent work, fostering social dialogue,
reducing inequality, and achieving sustainable economic development. By enabling the
realization of other labor rights, these rights serve as the cornerstone of a fair and equitable labor
system, and their protection is a fundamental priority for the ILO.
 Minimum Wages

Minimum Wages: Definition and Overview

Minimum wages refer to the lowest amount of remuneration that employers

are legally required to pay their workers for their labor. The primary objective
of minimum wages is to protect workers, particularly low-paid and vulnerable
groups, from unduly low wages and to ensure a basic standard of living.

The concept of minimum wages is a fundamental part of social justice and

decent work, and it is widely endorsed by the International Labour
Organization (ILO) as a tool to reduce poverty and inequality.

Key ILO Standards on Minimum Wages

The International Labour Organization (ILO) has developed conventions

and recommendations to establish international standards for minimum
wages. These standards provide guidance to countries in designing and
implementing effective minimum wage systems.

1. Minimum Wage-Fixing Machinery Convention, 1928 (No. 26)

o This convention was the first international standard on minimum wages.

o It requires member states to establish or maintain machinery for determining
minimum wages in industries and trades where wages are exceptionally low.
o Emphasis is placed on consulting with workers' and employers'
representatives.

2. Minimum Wage Fixing Convention, 1970 (No. 131)

o This convention builds on the principles of Convention No. 26 and provides a

more comprehensive framework.
o It applies to all wage earners, not just certain industries or sectors.
o Key Provisions:
o Minimum wages should be set to cover the basic needs of workers and their families,
considering the country’s social and economic conditions.
o Minimum wage determination should involve consultation with representatives of workers and
employers.
o Minimum wages should be enforceable by law or other mechanisms and subject to periodic
reviews.
o Criteria for Fixing Minimum Wages:
o Workers’ basic needs (e.g., food, housing, clothing, healthcare, and education).
o Economic factors, such as national productivity, employment levels, and economic
development.

3. Minimum Wage Fixing Recommendation, 1970 (No. 135)

o This recommendation complements Convention No. 131.

o It provides further guidance on implementing minimum wage systems, such
as:
o Establishing independent and impartial bodies to fix and adjust minimum wages.
o Regularly reviewing minimum wages to reflect changes in living costs and economic conditions.
o Ensuring effective enforcement mechanisms to prevent violations.

Purpose and Objectives of Minimum Wages

1. Social Protection:
To ensure a basic standard of living for workers and their families, particularly
for low-skilled and vulnerable workers.

2. Reduction of Poverty and Inequality:

Minimum wages help reduce income disparities and lift workers above the
poverty line.

3. Economic Stability:
By boosting workers’ purchasing power, minimum wages can contribute to
economic growth and stability.

4. Prevention of Exploitation:
They protect workers from being paid exploitatively low wages, especially in
industries where collective bargaining is absent.

5. Promotion of Decent Work:

Minimum wages are a key aspect of the ILO’s Decent Work Agenda, which
aims to promote fair and equitable working conditions.
 Key Principles of ILO Standards on Minimum Wages
1. Universality:
Minimum wages should apply to all workers whose conditions require
protection, regardless of the sector, industry, or region.

2. Consultation:
Minimum wage policies should be developed in consultation with employers,
workers, and their organizations.

3. Balancing Social and Economic Factors:

The level of minimum wages should take into account both the basic needs of
workers and the economic realities of the country.

4. Enforcement and Compliance:

Minimum wage regulations must be enforced through legal instruments, with
penalties for non-compliance.

5. Periodic Review:
Minimum wages should be reviewed regularly to keep up with inflation,
changes in living costs, and economic developments.

International Labour Standards, specifically through the ILO (International

Labour Organization), do not set a universal minimum wage. The ILO
recognizes that economic and social conditions vary widely between countries
and therefore a single global minimum wage wouldn't be appropriate or
effective. Instead, the ILO provides guidance and promotes certain principles
for countries to establish and maintain their own minimum wage systems.

Here's a breakdown of the ILO's approach to minimum wages:

1. The Minimum Wage Fixing Convention, 1970 (No. 131): This is the key
convention addressing minimum wages. It doesn't dictate a specific wage
level but outlines the criteria and procedures countries should consider when
designing and implementing their own systems. Key aspects include:

o Objectives of Minimum Wage Systems: The convention emphasizes that

minimum wages should provide adequate protection for workers and their
 families, taking into account factors like the needs of workers and their
families, the general level of wages in the country, the cost of living, social
security benefits, and the relative living standards of other social groups. It
also considers economic factors, including the requirements of economic
development, levels of productivity, and the desirability of attaining and
maintaining a high level of employment.
o Coverage: Minimum wage systems should protect as many workers as
possible. The convention acknowledges that practical difficulties may make it
impossible to immediately cover all employees, particularly in developing
countries. However, it encourages progressive extension of coverage.
o Methods of Fixing Minimum Wages: The convention promotes different
methods for setting minimum wages, including:
o Statutory minimum wage fixing: This is the most common method, where the
government sets the minimum wage through legislation.
o Wage-fixing machinery: This involves establishing tripartite bodies (representing
government, employers, and workers) to determine minimum wages through collective
bargaining or other mechanisms. This fosters social dialogue and consensus building.
o Criteria for Fixing Minimum Wages: The convention highlights the factors
mentioned earlier, such as the needs of workers and their families, the cost of
living, and economic considerations.
o Adjustment of Minimum Wages: Minimum wages should be adjusted
regularly to maintain their purchasing power in the face of inflation and other
economic changes.
o Enforcement: Effective enforcement mechanisms are crucial to ensure
compliance with minimum wage laws. This includes inspection services,
penalties for violations, and access to redress for workers.

2. The Minimum Wage Fixing Recommendation, 1970 (No. 135): This

recommendation supplements Convention No. 131, providing more detailed
guidance on its implementation. It addresses issues such as:

o Data collection and analysis: The importance of gathering reliable data on

wages, cost of living, and other relevant factors.
o Consultation with employers and workers: The need for social dialogue
and participation in the minimum wage-fixing process.
o Differentiation of minimum wages: The possibility of setting different
minimum wages for different sectors, regions, or occupational groups, taking
into account specific economic and social conditions.
o Protection of low-wage earners: Measures to prevent the erosion of
minimum wage levels through deductions or other practices.

3. Other Relevant Instruments: Other ILO instruments, such as those

relating to equal remuneration and forced labor, also indirectly support the
concept of a minimum living wage.

In summary, the ILO doesn't set a global minimum wage. Instead, it provides
a framework and guidance for countries to develop and implement their own
minimum wage systems that are tailored to their specific circumstances and
designed to protect workers and their families from unduly low wages. The
emphasis is on tripartite consultation, regular adjustments, and effective
enforcement to ensure that minimum wages fulfill their intended purpose.

Indian labour laws as per international labour standards and conventions

India is a founding member of the International Labour Organization

(ILO) and has ratified a number of its conventions. Indian labour laws have
evolved over the years to align with international labour standards, though
certain challenges remain in fully implementing and complying with ILO
conventions. Below is an overview of Indian labour laws in relation
to international labour standards and conventions.

1. Overview of ILO and India

o India became a member of the ILO in 1919, and as of now, it has ratified 47
conventions (out of 190 conventions and protocols), including:
 o Core Conventions (Fundamental Rights): 6 of 8 core conventions.
o Governance Conventions (Priority): 4 conventions.
o Technical Conventions: 37 conventions.
o The ILO's Core Conventions are based on the principles of:

o Freedom of association and collective bargaining.

o Elimination of forced labour.
o Abolition of child labour.
o Elimination of discrimination in employment and occupation.

2. Indian Labour Laws and Alignment with ILO Core

Conventions
A. Freedom of Association and Collective Bargaining
o ILO Conventions:

o Convention No. 87 (Freedom of Association and Protection of the Right to Organise, 1948) –
Not ratified by India.
o Convention No. 98 (Right to Organise and Collective Bargaining, 1949) – Ratified by India in
1954.
o Indian Laws:

o Trade Unions Act, 1926: Provides for the registration and functioning of trade unions and
allows workers to form and join unions.
o Industrial Disputes Act, 1947: Recognizes collective bargaining and provides mechanisms for
resolving disputes between employers and employees.
o Code on Industrial Relations, 2020: Consolidates laws related to trade unions, strikes, and
dispute resolution.
o Gaps:

o India has not ratified Convention No. 87 due to concerns about granting full rights of
unionization to government employees and restrictions in the armed forces and police.
o Trade union membership is fragmented, and unionization is often limited in the informal sector.
 B. Elimination of Forced Labour
o ILO Conventions:

o Convention No. 29 (Forced Labour, 1930) – Ratified by India in 1954.

o Convention No. 105 (Abolition of Forced Labour, 1957) – Ratified by India in 2000.
o Indian Laws:

o Bonded Labour System (Abolition) Act, 1976: Abolishes bonded labour and provides
penalties for enforcement.
o Child and Adolescent Labour (Prohibition and Regulation) Act, 1986: Prohibits forced
labour of children.
o Minimum Wages Act, 1948: Prevents exploitation by ensuring minimum wages.
o Indian Penal Code (IPC): Criminalizes forced labour under specific sections.
o Gaps:

o Despite legal protections, forced labour persists in pockets of India, especially in agriculture,
brick kilns, and domestic work, often linked to poverty and lack of enforcement.

C. Abolition of Child Labour

o ILO Conventions:

o Convention No. 138 (Minimum Age, 1973) – Ratified by India in 2017.

o Convention No. 182 (Worst Forms of Child Labour, 1999) – Ratified by India in 2017.
o Indian Laws:

o Child and Adolescent Labour (Prohibition and Regulation) Act, 1986 (Amended in 2016):
o Prohibits employment of children below 14 years in hazardous occupations.
o Allows children to work in family businesses or as artists, but not in hazardous jobs.
o Right to Education Act, 2009: Ensures free and compulsory education for children aged 6–14
years.
o Juvenile Justice (Care and Protection of Children) Act, 2015: Penalizes exploitation of
children for labour.
o Gaps:

o The law allows children to work in family businesses, which may perpetuate child labour in
informal sectors.
o Enforcement of laws remains weak in rural and informal sectors.

D. Elimination of Discrimination in Employment

o ILO Conventions:

o Convention No. 100 (Equal Remuneration, 1951) – Ratified by India in 1958.

o Convention No. 111 (Discrimination in Employment and Occupation, 1958) – Ratified by India in
1960.
o Indian Laws:

o Equal Remuneration Act, 1976: Mandates equal pay for equal work for men and women.
o Constitution of India:
o Article 14: Guarantees equality before the law.
o Article 15: Prohibits discrimination based on religion, race, caste, sex, or place of birth.
o Article 16: Ensures equality of opportunity in public employment.
o Code on Wages, 2019: Consolidates provisions of equal pay and prohibits discrimination on
grounds of gender.
o Gaps:

o Despite legal safeguards, gender pay gaps and discrimination persist in practice.
o Women are underrepresented in formal employment and leadership positions.
 E. Other Labour Standards

Occupational Safety and Health

o ILO Convention:

o Convention No. 155 (Occupational Safety and Health, 1981) – Not ratified by India.
o Indian Laws:

o Factories Act, 1948: Regulates occupational health and safety in factories.

o Code on Occupational Safety, Health and Working Conditions, 2020: Consolidates laws
related to worker safety and health.
o Gaps:

o India has not ratified Convention No. 155 due to concerns about implementation in the informal
sector.
o Workplace safety laws are poorly enforced, especially in unorganized sectors.

Minimum Wages
o ILO Convention:

o Convention No. 131 (Minimum Wage Fixing, 1970) – Not ratified by India.
o Indian Laws:

o Minimum Wages Act, 1948: Establishes minimum wage rates for different sectors.
o Code on Wages, 2019: Simplifies and expands minimum wage laws to cover all workers.
o Gaps:

o Minimum wage laws are enforced unevenly, and many informal sector workers are excluded.

3. Recent Labour Law Reforms in India

India recently consolidated 29 central labour laws into 4 Labour Codes to

simplify and modernize labour regulations:
1. Code on Wages, 2019 – Covers wages, equal remuneration, and payment of
wages.
2. Industrial Relations Code, 2020 – Deals with trade unions, strikes, and
dispute resolution.
3. Code on Social Security, 2020 – Consolidates laws on provident fund,
gratuity, and maternity benefits.
4. Code on Occupational Safety, Health, and Working Conditions, 2020 –
Focuses on health and safety at workplaces.

These reforms aim to improve compliance, expand coverage to informal

workers, and ease business operations. However, critics argue that they may
dilute workers' protections.

4. Challenges in Aligning Indian Labour Laws with ILO Standards

1. Large Informal Sector:
Over 90% of India’s workforce is in the informal sector, where labour laws are
difficult to enforce.

2. Limited Ratification of ILO Conventions:

India has not ratified key conventions, such as Convention No. 87 (Freedom
of Association) and Convention No. 155 (Occupational Safety).

3. Weak Enforcement:
Laws protecting workers are often poorly implemented due to lack of
resources, corruption, and limited awareness among workers.

4. Child Labour and Forced Labour:

Despite legal safeguards, child labour and bonded labour persist in certain
regions and industries.
 5. Gender Discrimination:
Although gender equality laws exist, cultural and social norms often limit their
effectiveness.

5. Conclusion

Indian labour laws have made significant strides in reflecting international

labour standards, particularly in areas like child labour, forced labour, and
equal remuneration. However, challenges remain in implementation,
enforcement, and extending protections to the informal sector. Aligning fully
with ILO conventions requires stronger enforcement mechanisms, greater
political will, and efforts to formalize India's vast informal workforce.