TABLE OF CONTENTS

ACKNOWLEDGEMENT .........................................................................................2

Introduction ................................................................................................................3

International Labor Organization ...............................................................................4

History of the ILO ......................................................................................................5

AIMS & OBJECTIVES OF ILO .............................................................................12

ILO and International Labor Standards ...................................................................15

Organizational Structure of International Labor Organization ................................18

International Labor Organization and India.............................................................21

References ................................................................................................................24

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 ACKNOWLEDGEMENT

I, Akanksha Garg, would like to express deep felt gratitude to my teacher Dr.
Virender Negi for his excellent teaching throughout the term and constant guidance
for the project.

I want to thank the UILS Library staff for assisting in finding relevant material for
the project.

I would also like to thank my family for providing me with all resources and
motivation required for the execution of the project.

I want to acknowledge the additional help my friends provided for the completion
of the project.

The same was a learning experience and a deepest insight into the topic: Genesis
and objectives of International Labor Organization.

Above all I would like to thank God to keep me able to make this assignment.

Akanksha Garg

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 Introduction

The history of any country begins with the study of evolution of man as a human being. The
primitive society is engraved with the principle of „Law of might‟ which was the only right
prevailing among the humanity. The trend has ripened the system of slavery all over the world.
The class struggle which had started initially among individuals living in a society, in turn, led to
national and international struggles causing disturbance to universal peace and happiness. The
same holds good to Indian conditions.

The British colonial rule had changed the various facets of Indian way of life. During their
regime the Indian workers were deprived of all basic human rights and put to work under
abnormal and inhuman conditions. Establishment of the ILO in 1919 had, no doubt brought
about a ray of hope amongst the Indian working class in improving their lot and relieving them
from the clutches of their masters. Indeed the Constitution of India appears to bear a close
resemblance to that of the ILO‟s, since both these Constitutions enshrine the universal principles
of freedom, dignity of individuals, quality in living, social justice and peace.

There can be no true social and economic freedom without certain civil liberties. In the words of
Universal Declaration of Human Rights, “recognition of the inherent dignity and of the equal and
inalienable rights of all members of the human family is the foundation of freedom, justice and
peace”. In the present day highly industrialized world full recognition and effective respect for
human rights assume great importance and labor standards become necessary corollary of human
rights; and both human rights and labor standards tend to become increasingly international in
character.

The present labor legislation either in India or elsewhere is the result of the impact of the ILO
Conventions. Keeping in view the speedy and world-wide industrial development stimulating
scientific and technological research and innovations, liberalization and globalization of labor
markets it would not have been possible for the national governments to enact the required
beneficial legislation to meet the internationally agreed labor standards without the guidance and
assistance from an international organization like the ILO.

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Thus, the role played by the ILO in setting International Labor Standards (ILS) is very important.
ILS is set in the form of conventions and recommendations for promotion of industrial harmony
in the member countries and also by identifying and encountering impediments in the ratification
process of these conventions and recommendations.

International Labor Organization

The International Labor Organization (ILO) is a United Nations agency whose mandate is to
advance social justice and promote decent work by setting international labor standards. It was
the first specialized agency of the UN. The ILO has 187 member states: 186 of the 193 UN
member states plus the Cook Islands (South Pacific) are members of the ILO. The tripartite
structure is unique to the ILO where representatives from the government, employers and
employees openly debate and create labor standards.

The International Labor Office is the permanent secretariat of the International Labor
Organization. It is the focal point for International Labor Organization's overall activities, which
it prepares under the scrutiny of the Governing Body and under the leadership of the Director-
General.

In 1969, the ILO received the Nobel Peace Prize for improving fraternity and peace among
nations, pursuing decent work and justice for workers, and providing technical assistance to
other developing nations. Fifty years later to mark the organization‟s centenary, it convened a
Global Commission on the Future of Work, whose report, published in January 2019, made ten
recommendations for governments to meet the unprecedented challenges of a changing world of
work. Those included a universal labor guarantee, social protection from birth to old age and an
entitlement to lifelong learning.

The International Labor Organization has developed a system of international labor standards
aimed at promoting opportunities for women and men to obtain decent and productive work, in
conditions of freedom, equity, security and dignity.

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History of the ILO

The International Labor Organization (ILO) was established on April 19, 1919 at Versailles
Peace Conference as an autonomous body. It was the labor wing of the League of Nations. It was
born as a result of the peace conference at the end of World War I at Versailles. India joined as
one of the founder-members of ILO in 1919, as an original signatory to the treaty of peace. The
ILO was the only international organization that survived the Second World War even after the
dissolution of its parent body the League of Nations. It became specialized agency of the United
Nations in 1946. The ILO is a new social institution trying to make the world conscious that
world peace may be affected by unjust conditions of its working population. It deals with
international labor problems. The unique feature of ILO is that it is a tripartite body consisting of
representatives of employers, labor and government.

The work of International Labor Organization has been shaping a system of international
industrial jurisprudence which commands a special consideration. The work consists of
“obtaining a wide measure of agreement on basic labor standards and of providing guiding
principles of policy and administration” throughout the world. It consists of securing for all the
workers in all the nations around the world better economic and social conditions of industrial
life by promoting beneficial national industrial legislation. In other words, it consists of creating
a better industrial world by means of formulating an ideal international Code of employer-
employee relationship. In recent years the issues of greatest concern to the ILO have been related
to three central objectives of social policy; the raising of living standards, the promotion of social
security and welfare, and the pursuit of human rights and equality of opportunity. The setting up
of ILO in 1919 had significant impact on both shaping of the labor law and policy and trade
union movement in India.

Factors responsible for the Growth of International Labor Organization

The driving forces for ILO‟s creation arose from security, humanitarian, political and economic
considerations. Summarizing them, the preamble to the Constitution of ILO says the high
contracting parties were moved by sentiments of justice and humanity as well as by the desire to
secure permanent peace of the world. There was keen appreciation of the importance of social

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justice in securing peace, against a background of exploitation of workers in the industrializing
nations of that time. There was also increasing understanding of the world‟s economic
interdependence and the need for cooperation to obtain similarity of working conditions in
countries competing for markets.

The World War I brought in to prominence the share taken by working class in national defense
and national life. It brought in to prominence the role of the industrial workers in the task of
maintaining world peace and order. But, actually there existed industrial oppression and unfair
competition all over the world at the close of the war. Conditions of labor existed involving such
injustice, hardship and privation to large number of people as to produce unrest so great that the
peace and harmony of the world were imperiled. Also the failure of some of the nations to adopt
human conditions of labor was an obstacle in the way of other nations which desired to improve
the conditions in their own countries.

Under these circumstances it was realized that the permanent world peace cannot be assured by
the establishment of political and economic justice alone, and that the establishment of social
justice, ensuring equitable conditions of labor was absolutely essential for the purpose. It was
also recognized that the well-being, physical, moral and intellectual, of the industrial workers
was of supreme international importance in this connection and, therefore, the improvement of
their conditions was urgently required by methods like the regulation of the hours of work,
including the establishment of maximum working day and week, the regulation of labor supply,
the prevention of unemployment, the provision of an adequate living wage, the protection of the
worker against sickness, disease and injury arising out of his employment, the protection of
children, young persons and women, provision for old age and injury, protection of the interest
of workers when employed in countries other than their own, recognition of the principle of
freedom of association, and the organization of vocational and technical education.

All these factors led to the establishment of the ILO in the year 1919, as part of the organization
of „League of Nations‟ which survived even after the dissolution of League of Nations has a
specialized agency of the United Nations. There are three constituents of ILO, namely, the
governments which finance it, the workers for whose benefit it is created and the employers who
share responsibility for the welfare of workers.

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

The Constitution of the ILO was drafted in early 1919 by the Labor Commission, chaired by
Samuel Gompers, head of the American Federation of Labor (AFL) in the United States. It was
composed of representatives from nine countries: Belgium, Cuba, Czechoslovakia, France, Italy,
Japan, Poland, the United Kingdom and the United States.

The process resulted in a tripartite organization, the only one of its kind, bringing together
representatives of governments, employers and workers in its executive bodies.

The driving forces for the ILO's creation arose from security, humanitarian, political and
economic considerations. The founders of the ILO recognized the importance of social justice in
securing peace, against a background of the exploitation of workers in the industrializing nations
of that time. There was also increasing understanding of the world's economic interdependence
and the need for cooperation to obtain similarity of working conditions in countries competing
for markets.

Reflecting these ideas, the Preamble of the ILO Constitution states:

 Whereas universal and lasting peace can be established only if it is based upon social justice;
 And whereas conditions of labor exist involving such injustice, hardship and privation to
large numbers of people as to produce unrest so great that the peace and harmony of the
world are imperiled; and an improvement of those conditions is urgently required;
 Whereas also the failure of any nation to adopt humane conditions of labor is an obstacle in
the way of other nations which desire to improve the conditions in their own countries.

The areas of improvement listed in the Preamble remain relevant today, including the regulation
of working time and labor supply, the prevention of unemployment and the provision of an
adequate living wage, social protection of workers, children, young persons and women. The
Preamble also recognizes a number of key principles, for example equal remuneration for work
of equal value and freedom of association, and highlights, among others, the importance of
vocational and technical education.

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Early years

The ILO moved to Geneva in the summer of 1920, with France's Albert Thomas as its first
Director. Nine International Labor Conventions and 10 Recommendations were adopted in less
than two years. These standards covered key issues, including:

 hours of work ,
 unemployment ,
 maternity protection ,
 night work for women ,
 minimum age and
 Night work for young persons.

A Committee of Experts was set up in 1926 to supervise the application of ILO standards. The
Committee, which still exists today, is composed of independent jurists responsible for
examining government reports and presenting each year to the Conference its own report on the
implementation of ILO Conventions and Recommendations.

The Great Depression, with its resulting massive unemployment, soon confronted Britain's
Harold Butler, who succeeded Albert Thomas as Director in 1932. Realizing that handling labor
issues also requires international cooperation, the United States became a Member of the ILO in
1934, although it continued to stay out of the League of Nations.

The American, John Winant, took over as head of the ILO in 1939 - just as the Second World
War was imminent. He moved the ILO's headquarters temporarily to Montreal, Canada, in May
1940 for reasons of safety.

His successor, Ireland's Edward Phelan, had helped to write the 1919 Constitution and played an
important role once again during the Philadelphia meeting of the International Labor Conference,
in the midst of the Second World War.

Government delegates, employers and workers from 41 countries adopted the Declaration of
Philadelphia as an annex to the ILO Constitution. The Declaration still constitutes the Charter of
the aims and objectives of the ILO. The Declaration sets out the key principles for the ILO‟s
work after the end of World War II. These include that “labor is not a commodity”, and that “all
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human beings, irrespective of race, creed or sex, have the right to pursue both their material well-
being and their spiritual development in conditions of freedom and dignity, of economic security
and equal opportunity“.

Going Global

In 1946, the ILO became a specialized agency of the newly formed United Nations.

America's David Morse was Director-General from 1948-1970, when the number of Member
States doubled and the Organization took on its universal character. Industrialized countries
became a minority among developing countries, the budget grew five-fold and the number of
officials quadrupled.

The ILO established the Geneva-based International Institute for Labor Studies in 1960 and
the International Training Centre in Turin in 1965. The Organization won the Nobel Peace
Prize on its 50th anniversary in 1969.

Under Britain's Wilfred Jenks, Director-General from 1970-73, the ILO advanced further in the
development of standards and mechanisms for supervising their application, particularly the
promotion of freedom of association and the right to organize.

His successor, Francis Blanchard of France, expanded ILO's technical cooperation with
developing countries. The ILO played a major role in the emancipation of Poland from
dictatorship by giving its full support to the legitimacy of the Solidarnosc Union, based on
respect for Convention No. 87 on freedom of association, which Poland had ratified in 1957.

Belgium's Michel Hansenne succeeded him in 1989 and guided the ILO into the post-Cold War
period, emphasizing the importance of placing social justice at the heart of international
economic and social policies. He also set the ILO on a course of decentralization of activities and
resources away from the Geneva headquarters.

In March 1999, Juan Somavia of Chile took over as Director-General. He emphasized the
importance of making decent work a strategic international goal and promoting a fair
globalization. He also underlined work as an instrument of poverty alleviation and the ILO's role

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in helping to achieve the Millennium Development Goals, including cutting world poverty in
half by 2015.

Under Somavia, the ILO established the World Commission on the Social Dimension of
Globalization, which published a major report responding to the needs of people as they cope
with the unprecedented changes that globalization, has brought to societies.

In May 2012, Guy Ryder (UK) was elected as the tenth Director-General of the ILO. He was re-
elected to his second five-year term in November 2016. Ryder has emphasized that the future of
work is not predetermined: Decent work for all is possible but societies have to make it happen.
It is precisely with this imperative that the ILO established its Global Commission on the
Future of Work as part of its initiative to mark its centenary in 2019.

The Organization has played a role at key historical junctures – the Great Depression,
decolonization, the creation of Solidarność in Poland, the victory over apartheid in South Africa
– and today in the building of an ethical and productive framework for a fair globalization.

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Origins

While the ILO was established as an agency of the League of Nations following World War I, its
founders had made great strides in social thought and action before 1919. The core members all
knew one another from earlier private professional and ideological networks, in which they
exchanged knowledge, experiences, and ideas on social policy. Prewar "epistemic communities",
such as the International Association for Labor Legislation (IALL), founded in 1900, and
political networks, such as the socialist Second International, were a decisive factor in the
institutionalization of international labor politics.

In the post–World War I euphoria, the idea of a "makeable society" was an important catalyst
behind the social engineering of the ILO architects. As a new discipline, international labor law
became a useful instrument for putting social reforms into practice. The utopian ideals of the
founding members - social justice and the right to decent work - were changed by diplomatic and
political compromises made at the Paris Peace Conference of 1919, showing the ILO's balance
between idealism and pragmatism.

Over the course of the First World War, the international labor movement proposed a
comprehensive programme of protection for the working classes, conceived as compensation for
labor‟s support during the war. Post-war reconstruction and the protection of labor unions
occupied the attention of many nations during and immediately after World War I. In Great
Britain, the Whitley Commission, a subcommittee of the Reconstruction Commission,
recommended in its July 1918 Final Report that "industrial councils" be established throughout
the world. The British Labor Party had issued its own reconstruction programme in the document
titled Labor and the New Social Order. In February 1918, the third Inter-Allied Labor and
Socialist Conference (representing delegates from Great Britain, France, Belgium and Italy)
issued its report, advocating an international labor rights body, an end to secret diplomacy, and
other goals. And in December 1918, the American Federation of Labor (AFL) issued its own
distinctively apolitical report, which called for the achievement of numerous incremental
improvements via the collective bargaining process.

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 AIMS & OBJECTIVES OF ILO
“Promoting Jobs, Protecting People”

The aims and objectives of ILO are enumerated in the preamble to its Constitution and in the
Declaration of Philadelphia (1944) supplemented by Ar. 447 of the Peace Treaty of Versailles
(1919). The Preamble affirms:

“whereas universal and lasting peace can be established only if it is based upon social justice and
whereas conditions of labor exist involving such injustice, hardship and privation to large
number of people as to produce unrest that the peace and harmony of the world is imperiled, and
an improvement of those conditions is urgently required; Whereas also the failure of any nation
to adopt humane conditions of labor is an obstacle in the way of other nations which desire to
improve the conditions in their own countries”

During the Second World War a Conference was convened at Philadelphia and the aims of ILO
were redefined. This is known as „Declaration of Philadelphia‟. This was incorporated in the
Constitution of ILO. The Conference reaffirmed the principles of ILO, namely,

(i) Labor is not a commodity;

(ii) freedom of expression and of association are essential to substantial progress;
(iii) poverty constitutes a danger to prosperity everywhere;
(iv) The war against want requires to be carried on with unrelenting vigor within each nation,
and by a continuous and concerted international effort in which the representatives of
workers and employees enjoying equal status with those of governments in free
discussion and democratic decision with a view to the promotion of the common welfare.

The Declaration of Philadelphia enunciated 10 objectives which the ILO was to further and
promote among the nations of the world. These are:

(i) Full employment and raising of standards of living

(ii) 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.

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(iii) The provision, as a means to the attachment of this end and under adequate guarantees for
all concerned, of facilities for training and the transfer of labor including migration for
employment and settlement.
(iv) Policies in regard to wages and earnings, bonus and other conditions of work calculated
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.
(v) The effective recognition for the right of collective bargaining, the cooperation of
management and labor in continuous improvement of productive efficiency and the
collaboration of workers and employers in social and economic measures.
(vi) The extension of social security measures to provide a basic income to all in need ofsuch
protection and comprehensive medical care.
(vii) Adequate protection for the life and health of workers in all occupations.
(viii) Provision for child welfare and maternity protection
(ix) The provision of adequate nutrition, housing and facilities for recreation and culture.
(x) The assurance of educational and vocational opportunity.

The International Labor Organization (ILO) is devoted to promoting social justice and
internationally recognized human and labor rights, pursuing its founding mission that social
justice is essential to universal and lasting peace.

Only tripartite U.N. agency, the ILO brings together governments, employers and workers
representatives of 187 member States, to set labor standards, develop policies and devise
programmes promoting decent work for all women and men.

Today, the ILO's Decent Work agenda helps advance the economic and working conditions
that give all workers, employers and governments a stake in lasting peace, prosperity and
progress.

Four strategic objectives at the heart of the Decent Work agenda:

 Set and promote standards and fundamental principles and rights at work.
 Create greater opportunities for women and men to decent employment and income.
 Enhance the coverage and effectiveness of social protection for all.
 Strengthen tripartism and social dialogue.
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 Unmatched expertise and knowledge about the world of work

In support of its goals, the ILO offers unmatched expertise and knowledge about the world of
work, acquired over almost 100 years of responding to the needs of people everywhere for
decent work, livelihoods and dignity. It serves its tripartite constituents - and society as a whole -
in a variety of ways, including:

 Formulation of international policies and programmes to promote basic human rights,

improve working and living conditions, and enhance employment opportunities.
 Creation of international labor standards backed by a unique system to supervise their
application.
 An extensive programme of international technical cooperation formulated and implemented
in an active partnership with constituents, to help countries put these policies into practice in
an effective manner.
 Training, education and research activities to help advance all of these efforts.

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ILO and International Labor Standards

One of the important activities of the ILO is the formulation of International Labor Standards - a
compendious term to describe Conventions and Recommendations. The idea of international
standard-setting was first considered in the 19* century among the Western countries, both for
reasons of providing human conditions of work and also for preventing unfair advantage to
employers in countries whose municipal laws did not regulate working conditions. Thus the
impetus to set standards governing working conditions was born of both the bourgeoning
workers‟ movement and the interests of capital to prevent a „race to bottom.‟ Similar arguments
continue to be present in the debates over international standards today. A human rights based
discourse that bases itself on the dignity of the worker and the need to provide for a decent life
are voiced in defense of ILS together with those who also point out that there are economic,
social and moral advantages of adhering to a system of ILS. On the question whether observance
of ILS hinders economic progress, the ILO has sponsored studies to show how labor standards
do not restrict, but on the contrary, through regulation, can assist in economic development. The
relevance of standards is under attack in recent years as it is seen to be a factor responsible for
increasing labor costs and thus reducing competitiveness in international trade. The ILO has
rejected this view and taken the view that labor standards are enabling devices for superior
economic outcomes.

International Labor Standards

International Labor Standards are legal instruments drawn up by the ILO‟s constituents
(governments, employers and workers) setting out basic principles and rights at work. They are
either conventions, which are legally binding international treaties or recommendations which
serve as non-binding guidelines. In many cases a Convention lays down the basic principles to be
implemented by ratifying countries, while a related recommendation supplements the convention
by providing more detailed guidelines on how it could be applied. Recommendations can also be
autonomous, i.e. not linked to any convention. In the Globalised era, the International labor
standards have come to be categorized as Core Labor Standards and other Labor Standards.

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i. Core Labor Standards

Core standards consist of protections against forced labor, slavery and child labor; non-
discrimination in employment practices; the right to unionize; and the right to engage in
collective bargaining. ILO by now, has adopted 196 international Conventions on labor standards
on variety of issues, however, some of them are considered more fundamental than other. The
adoption of 1998 ILO Declaration on Fundamental Principles and Rights at Work recognized the
core labor standards. These labor standards have been further recognized as universal standards
to be applied by all member countries of the ILO. The core labor standards identified in the
declaration are as follows:

1. The first and foremost core standard relates to collective bargaining and freedom of
association. There are two important conventions to ensure the freedom of association which
enables the workers to bargain collectively with the employer and meet their genuine demands.
They are, Freedom of Association and Protection of the Right to Organize Convention, 1948 and
Right to Organize and Collective Bargaining Convention, 1949.

2. With the object of eliminating die worst practices of exploitation of workers in systems like
forced labor, slavery and human trafficking standards evolved include Forced Labor Convention,
1930 and Abolition of Forced Labor Convention, 1957.

3. To ensure equal pay for equal work without discriminating between the workers on the basis,
only of sex, the standards evolved are, Equal Remuneration Convention, 1951 and
Discrimination (Employment and Occupation) Convention, 1958.

4. To protect the tender age, youth and to ensure the health, safety and future of children the
conventions seek to mitigate the child labor, which include, Minimum Age Convention, 1973
and Worst Forms of Child Labor Convention, 1999.

ii) Other Labor Standards

Other Labor standards include health and safety conditions in workplace, minimum wages, and
government provision of unemployment insurance, old age and survivor benefits, and health
care. Since inception the ILO has adopted many conventions for the welfare of working class.
Some of these standards include Labor Clauses (Public Contracts) Convention, 1949, Protection

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of Wages Convention, 1949, Minimum Wage Fixing Convention, 1970, Protection of Workers‟
Claims (Employers Insolvency) Convention, 1992, and Termination of Employment Convention,
1982.

Nature of Standards -Normative Character

Universality of the ILS remains a central feature of the system of international regulation of
labor. However, flexibility devices incorporated in some standards to facilitate their gradual
realization depending on the stage of development of a member state have not brought about
universality in ratification or application. ILS takes the form of Conventions and
recommendations. Conventions become binding on them only upon formal ratification by the
government. A recommendation is only a guide to national action and cannot have any binding
force. The point to note is, while the adoption of standards is a tripartite exercise, the decision to
ratify is purely that of the government. In this respect ILO Conventions and recommendation
partakes the nature of all other international treaties, the ratification of which is open only to
governments. Over the past 90 years, 188 Conventions and 199 Recommendations have been
adopted by the International Labor Conference. They cover a variety of subjects including
Freedom of Association and collective bargaining, equality of treatment and opportunity,
freedom from forced labor, employment, social policy, labor administration, labor relations,
conditions of work, social security, employment of women, employment of children and young
persons, older workers, migrant workers, indigenous workers and tribal populations, Particular
occupational sectors such as sea farers, fishermen, dock workers, tenants, share croppers and
nursing personnel.

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Organizational Structure of International Labor Organization

The ILO consists of three principal organs. These are, the International Labor Conference of
national tripartite delegations which meets annually, The Governing Body - a tripartite executive
council, and The International Labor Office - permanent secretariat.

I. The International Labor Conference

International Labor Conference (ILC) is the policy making organ of the ILO. ILC holds its
sessions once in a year. It comprises three groups representing Governments, employers and
workers in the ratio of 2:1:1. Every member nation nominates four delegates of whom two are
government officials and one each representing employers and workers. Non-government
delegates are nominated in agreement with the most representative organizations of employers
and work-people as the case may be. Each delegate may be accompanied by advisors who are
not to exceed two in number for each item on the agenda of the meeting. When questions
specifically affecting women are to be considered, at least one of the advisors is to be a woman.
Every delegate entitled to vote individually on all matters which are taken in to consideration.

The International Labor Conference, which is the supreme body of the organization directs and
supervises the work of the Governing Body and the International Labor Office. It also elects the
members of the Governing Body and functions as a World Parliament of labor. One of the most
important tasks which the ILC has undertaken is to create world-wide uniform standards of labor
in the form of Conventions and recommendations.

The ILC with the establishment of different Committees is empowered to perform the following
functions:

1) To formulate international labor standards.

2) To fix amount of contribution by the member states.

3) To decide the expenditure budgeted estimate proposed by the Director General and submitted
to the Governing Body.

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4) To make amendments to the Constitution subject to subsequent ratification of the
amendments by 2/3rd member states including 5 of the 10 states of industrial importance.

5) To consider the report of the Director General giving labor problems and assist in their
solution.

6) To appoint Committees to deal with different matters during each session.

7) To select once in 3 years members of the Governing Body.

8) To elect its President.

9) To seek advisory opinion from the International Committee of Justice.

10) To confirm the powers, functions and procedure of Regional Conference.

II. The Governing Body

The Governing Body, at present is composed of 56 members, 28 representing government, 14

representing employers and 14 representing workers. Of the 28 government seats 10 are
permanently allotted to the ten states of chief industrial importance. The 10 permanent members
are Canada, China, France, India, Italy, Japan, Soviet Union, the United Kingdom, the USA and
Germany. Except for the first two years of establishment of the ILO India has been enjoying the
privilege of having a permanent seat on the Governing Body. The representatives of employers
and workers are elected respectively by the employers‟ and workers‟ delegates to the
International Labor Conference. At least two representatives each of the employers and workers
are to be from non-European states.

The period of office of the Governing Body is three years. The method of filling vacancies and
of appointing substitutes and other similar questions are decided by the Governing Body subject
to the approval of the conference. The Governing Body is required to elect, from its members, a
Chairman and two Vice-Chairmen so as to ensure representation of government, employers and
workers, each. The procedure and the time of meetings are regulated by the Governing Body
itself, but a special meeting can be convened only on a written request made by at least 16
representatives of the Governing Body. The Governing Body functioning under the general
direction of the International Labor Conference, appoints the Director General of the

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International Labor Office, supervises its functioning, prepares the agenda to be placed before
the International Labor Conference and discharges such other duties as are assigned to it by the
Conference.

III. The International Labor Office

The International Labor Office acts as the secretariat of ILO, a world information Centre and a
publishing house. The administrative head of the International Labor Office is its Director
General. The Director General, appointed by the Governing Body, is “responsible for efficient
conduct of the International Labor office and for such other duties which may be assigned to
him”. He or his deputy is required to attend all meetings of the Governing Body. The staff of the
International Labor Office is appointed by the Director General under regulations approved by
the Governing Body. As far as possible the staffs is to be appointed for different nations and a
certain percentage of them are to consist of women.

The functions of the International Labor Office include “the collection and distribution of
information on all subjects relating to the international adjustment of the conditions of industrial
life and labor, and particularly the examination of subject which it proposes to bring before the
Conference with a view to the conclusion of International Conventions, and the conduct of such
special investigations as may be ordered by the Conference of the Governing Body”. Subject to
the directions of the Governing Body, the International Labor Office is required to, prepare
documents on the various items of the agenda for the meeting of the Conference; accord to
Government at their request all appropriate assistance within its power in connection with the
framing of laws and regulations on the basis of the decisions of the Conference and the
improvement of administrative practices and systems of inspection; edit and issue publications
dealing with problems of industry and unemployment of international interest; and carryout the
duties required of it in connection with the effective observance of Conventions.

Generally, the International Labor Office exercises such powers and discharges such duties as
are assigned to it by the Conference of the Governing Body.

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International Labor Organization and India

The Indian approach to labor problems has undoubtedly been fashioned by the developments
with in India. However, the development of Indian labor policy and the bulk of labor legislation
have taken place during a period when the ILO has also been in existence. The ILO has been one
of the factors that have contributed and helped shape policy in India from amongst the numerous
other factors influencing policy formulation and legislation. Once ILO adopts Conventions and
recommendations these standards become part of international labor law, which constitutes an
international bench mark that national policy makers seek to attain. The existence of these
standards exerted influence upon the judiciary also.

The Indian legal system has been subject to various influences in the past. The present day legal
system in India has been largely fashioned by British following their entry in to the country in
1600 and the long period of their colonial rule.

The 20th century especially the period during the framing of India‟s Constitution (1946-49) has
seen other influences operating on Indian law and policy. It had the influence of American, Irish,
and Australian constitutions in the framing of India‟s Constitution. The late 19th and 20th
centuries have witnessed the growth of modern industry, which has served as a catalyst for the
development of labor legislation and enunciation of labor policy.

India has been a founding member and member of the Governing Body of the ILO since 1922.
India‟s uninterrupted role in the ILO has meant that access to the ILO standards has been
available at all times while formulating its labor legislation and labor policy. The ILO has played
a vital role in influencing to varying degrees over time, the form, and substance of not only
specific laws and policies but also on legal ideas and institutions as they evolved in India. This
influence goes hand in hand with the influence of member state in determining the direction of
die ILO itself.

The development of labor law and policy in India has taken place in the period of the
development of the international labor standards of ILO at the world level. The presence of ILO
has been influential in shaping the growth of Indian law and policy in this area. The impact of
Mahatma Gandhi in the area of labor matters and the settlement of disputes between capital and
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labor has also played a crucial role in the outlook of labor legislators, administrators, employers
and trade unionists in this period.

The ILO was established to secure fair and humane conditions of labor and to promote better
relationship between the employers and the employees all over the world. It was established to
bring about a better international order in the industrial legislation of the world and to give to the
worker his just and proper place in the law of the nations. India as a founding member of ILO
has been taking active part in its deliberations. By the end of 1982 ILO had adopted 173
Conventions and 180 Recommendations. Out of 173 Conventions India had ratified 35 by the
end of 1992. The Conventions ratified by India have been incorporated in the existing labor
legislations. Conventions not ratified by India have been indirectly guided and shaped the Indian
labor legislation in a far reaching manner. The ILO standards have decisive impact on the
factory, mines, social security and wage legislations.

ILO has adopted several Conventions and recommendations related to subjects like employment
of women, children, young persons, holidays, weekly rest, hours of work, night work, industrial
safety, health, social security, wages and wage fixation, obligation and duty of the government of
the member nations to reform the labor legislation. A study of labor laws passed in India since
1919 would certainly reveal what a considerable impact the ILO‟s Conventions had in the field
of Indian labor legislation. The impact on Indian labor legislation before 1932 was direct and
tangible as they have played a significant role in initiating Indian labor legislation. The modus
operandi was to ratify a convention and with this ratification the consequential labor legislation
would follow.

Many principles of ILO are also reflected in the Constitution of India in the form of „Directive
Principles‟ of State Policy. The existence number of ILO Conventions and recommendations are
not an adequate measurement of the ILO‟s impact on the Indian labor legislation. As most of the
basic aims, objectives and principles of the ILO‟s Conventions and recommendations have found
their acceptance in the Indian labor legislation. Even the unratified Conventions and
recommendations have this impact on the Indian labor laws and policies in the form of Indian
Labor Acts. The standards set with the ILO have always taken in to consideration before any
labor legislation is undertaken in India.

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The ratification of Conventions and recommendations by the member nations is important, but
their implementation is also very essential. As after ratification the nation is legally bound to
implement the convention although the recommendations only serve as the guides for national
action. Generally the Conventions and recommendations ratified by India so far, deals with the
improvement in the working and living conditions of the Indian workers in our country. Due to
the impact of ILO Conventions on Indian labor legislation many industrial Acts have been
enacted. Some such Acts are the Factory Act, 1922; the Ports Act, 1908, the Employment of
Children Act, 1938; the Mines Act, 1952; the Indian Dock Laborers Act, 1934; the Workmen‟s
Compensation Act, 1923; the Indian Railways (Amendment) Act, 1930 and the Maternity
Benefit legislations etc.

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References

 Ahmedullah Khan: Commentary on the International Labour Organization and

the Indian Response.
 Kamala Sankaran: Freedom of Association in India and International Labour
Standard
 N.N Kaul, India and International Labour Organization, Metropolian Book,
Delhi, 1956.
 Steve Hughes And Nigel Haworth: The international Labour Organization
(ILO), published by Routledge Global Institution.
 Jean Michel Servais, International Labour Organization (ILO), published by
Kulwer Law
 Constitution of International Labour Organization and Standing Order of
International Labour Conference, International Labour Organization Office,
1973.

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