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37 International Labour Organisation and Labour Laws
This chapter takes up the International Labour Organisation (ILO) — the global body that has shaped labour law in India and across the world for more than a century. It covers the ILO’s structure, its standard-setting work, its major conventions, and its specific influence on Indian labour legislation.
37.1 What is the ILO?
The International Labour Organisation is the specialised United Nations agency for the world of work. Its mission is to promote rights at work, encourage decent employment opportunities, enhance social protection and strengthen dialogue on work-related issues. Headquartered in Geneva, it is the only UN agency with a tripartite governance structure — workers, employers and governments share decision-making.
37.2 Founding and History
The ILO was founded in 1919 under the Treaty of Versailles that ended the First World War. Part XIII of the Treaty contained the constitution of the ILO. The founding rationale, set out in the preamble to its constitution, was: “universal and lasting peace can be established only if it is based upon social justice.”
TipMajor Milestones in ILO History
| Year | Milestone |
|---|---|
| 1919 | ILO founded by the Treaty of Versailles; India a founding member |
| 1920 | Headquarters established in Geneva |
| 1944 | Declaration of Philadelphia re-affirms aims of the ILO |
| 1946 | First specialised agency of the United Nations |
| 1969 | Awarded the Nobel Peace Prize on its 50th anniversary |
| 1998 | Declaration on Fundamental Principles and Rights at Work |
| 1999 | Decent Work Agenda launched by Director-General Juan Somavía |
| 2008 | Declaration on Social Justice for a Fair Globalisation |
| 2019 | Centenary Declaration for the Future of Work |
| 2022 | Safe and Healthy Working Environment added to fundamental rights |
37.3 Aims and Objectives
The ILO Constitution (1919) and the Declaration of Philadelphia (1944) together set the organisation’s aims. The Philadelphia Declaration’s four foundational principles are the most-tested formulation.
TipThe Four Principles of the Declaration of Philadelphia (1944)
| Principle | Working text |
|---|---|
| (a) | Labour is not a commodity |
| (b) | Freedom of expression and association are essential to sustained progress |
| (c) | Poverty anywhere constitutes a danger to prosperity everywhere |
| (d) | The war against want must be carried on with unrelenting vigour within each nation, and by international effort |
The first principle — labour is not a commodity — is one of the most important moral foundations of modern labour law.
37.4 Tripartite Structure
The ILO’s distinctive feature is its tripartism. Each member state is represented by four delegates at the International Labour Conference: two from government, one from workers, one from employers. The 2:1:1 structure ensures that worker and employer voices count equally in standard-setting.
TipILO Tripartite Representation
| Constituent | Number of delegates per country at ILC |
|---|---|
| Government | 2 |
| Employers | 1 |
| Workers | 1 |
Each of the workers’ and employers’ delegates votes independently of the government — a structurally unique feature among UN bodies.
37.5 Organs of the ILO
The ILO has three principal organs.
TipThree Principal Organs of the ILO
| Organ | Composition | Function |
|---|---|---|
| International Labour Conference (ILC) | All member states (4 delegates each); meets annually in June at Geneva | Adopts conventions, recommendations and resolutions; approves the budget; elects the Governing Body |
| Governing Body | 56 members — 28 government, 14 worker, 14 employer (with deputies); meets three times a year | Executive body; sets the agenda of the ILC; oversees the International Labour Office |
| International Labour Office | Permanent secretariat headed by the Director-General | Conducts research, drafts conventions, provides technical cooperation |
The current Director-General is appointed by the Governing Body for a five-year term. Past Directors-General include Albert Thomas (1919–1932, the first), David Morse (1948–1970, who received the Nobel Peace Prize on behalf of the ILO), and Juan Somavía (1999–2012, who launched the Decent Work Agenda).
37.6 Standard-Setting — Conventions and Recommendations
The ILO’s primary instrument is the international labour standard. Two forms exist.
TipILO Instruments — Conventions and Recommendations
| Instrument | Nature | Effect |
|---|---|---|
| Convention | International treaty, open to ratification by member states | Legally binding on a state once it ratifies |
| Recommendation | Non-binding guidance | Sets a benchmark; supplements or stands alone from conventions |
| Code of Practice | Practical guidance — typically OHS | Non-binding; influential in national rule-making |
| Protocol | Amends or supplements an existing convention | Binding on ratifying states |
The ILC has adopted over 190 conventions and over 200 recommendations since 1919. India has ratified 47 conventions as of recent counts.
37.6.1 How a Convention is Adopted
Adoption requires a two-thirds majority of the delegates voting at the ILC. After adoption, each member state must, within 12 to 18 months, submit the convention to the competent national authority (in India, Parliament) for consideration of ratification. Ratification makes the convention legally binding on that state, which must then take steps to make its domestic law conform.
37.6.2 Reporting Obligations
A ratifying state must report periodically (typically every three years for fundamental conventions, every six for others) on how it is implementing the convention. The reports are reviewed by the Committee of Experts on the Application of Conventions and Recommendations (CEACR). Where compliance is questioned, the Committee on the Application of Standards of the ILC examines the case in public sessions.
37.7 ILO Declarations
Beyond conventions, the ILO has issued four major declarations that set the principles within which standards operate.
TipMajor ILO Declarations
| Declaration | Year | Significance |
|---|---|---|
| Declaration of Philadelphia | 1944 | Re-affirms ILO’s aims; labour is not a commodity; basis of post-war social-policy framework |
| Declaration on Fundamental Principles and Rights at Work | 1998 | All member states bound to respect, promote and realise the fundamental principles in the eight core conventions, whether or not they have ratified the relevant convention |
| Declaration on Social Justice for a Fair Globalisation | 2008 | Re-articulates the Decent Work Agenda; emphasises a balanced approach to globalisation |
| Centenary Declaration for the Future of Work | 2019 | Addresses the changes in the world of work — automation, demography, climate, gender equality, lifelong learning |
37.8 The Eight Fundamental Conventions
The 1998 Declaration identifies eight conventions as expressing the fundamental principles and rights at work. A ninth and tenth were added in 2022 when the safe and healthy working environment was elevated to fundamental status.
TipFundamental Conventions of the ILO
| Cluster | Convention | India ratification |
|---|---|---|
| Freedom of association and effective recognition of the right to collective bargaining | C87 (1948) — Freedom of Association and Protection of the Right to Organise | Not ratified |
| C98 (1949) — Right to Organise and Collective Bargaining | Not ratified | |
| Elimination of all forms of forced or compulsory labour | C29 (1930) — Forced Labour | Ratified 1954 |
| C105 (1957) — Abolition of Forced Labour | Ratified 2000 | |
| Effective abolition of child labour | C138 (1973) — Minimum Age | Ratified 2017 |
| C182 (1999) — Worst Forms of Child Labour | Ratified 2017 | |
| Elimination of discrimination in employment and occupation | C100 (1951) — Equal Remuneration | Ratified 1958 |
| C111 (1958) — Discrimination (Employment and Occupation) | Ratified 1960 | |
| Safe and healthy working environment (added 2022) | C155 (1981) — Occupational Safety and Health | Not ratified |
| C187 (2006) — Promotional Framework for OSH | Not ratified |
37.9 The Four Governance Conventions
Alongside the fundamental conventions, the ILO designates four governance (priority) conventions — instruments of particular importance for the functioning of the international labour standards system.
TipFour Governance Conventions
| Convention | Year | Subject |
|---|---|---|
| C81 | 1947 | Labour Inspection in Industry and Commerce |
| C129 | 1969 | Labour Inspection in Agriculture |
| C122 | 1964 | Employment Policy |
| C144 | 1976 | Tripartite Consultation (International Labour Standards) |
India has ratified C144 — Tripartite Consultation — and C81 (Labour Inspection in Industry and Commerce). The Indian tripartite forums (Indian Labour Conference, Standing Labour Committee) operate under the broad spirit of C144.
37.10 The Decent Work Agenda
Launched in 1999 by Director-General Juan Somavía, the Decent Work Agenda organises the ILO’s mandate around four pillars. The agenda is now embedded in the United Nations Sustainable Development Goals — Goal 8 specifically calls for decent work for all.
TipThe Four Pillars of Decent Work
| Pillar | What it covers |
|---|---|
| Employment creation | Productive jobs in adequate numbers, with skills development |
| Rights at work | Fundamental principles — freedom of association, no forced or child labour, no discrimination |
| Social protection | Health, retirement, unemployment, family, occupational injury cover |
| Social dialogue | Effective tripartism and bipartism |
37.11 India and the ILO
India’s relationship with the ILO is the longest of any non-European country.
TipIndia’s Engagement with the ILO
| Engagement | Detail |
|---|---|
| Founding member | 1919 — India was a founding member, even before independence |
| Permanent member of the Governing Body | India is one of ten countries of chief industrial importance permanently represented on the Governing Body |
| Convention ratifications | 47 conventions ratified (out of around 190 adopted), including 6 of the 8 fundamental conventions |
| Country Office | The ILO Country Office for India was established in 1928 — one of the oldest |
| Decent Work Country Programmes | Successive DWCPs aligned with India’s Five-Year Plans and the SDG framework |
| Sub-regional cooperation | India hosts ILO’s South-Asia operations |
37.11.1 Why India Has Not Ratified C87 and C98
The two unratified fundamental conventions deal with freedom of association and collective bargaining. The Indian government has historically argued that:
- Government servants’ rules limit the right to form associations;
- The state itself, as employer, sets terms unilaterally for civil servants;
- Some restrictions on the right to strike are necessary in essential services.
Trade-union federations — including AITUC, CITU, INTUC, HMS — have repeatedly demanded ratification. The 1998 Declaration ensures that the principles underlying C87 and C98 bind India in any case, even where the conventions are unratified.
37.12 Influence of the ILO on Indian Labour Law
The ILO’s influence on Indian labour legislation is direct and pervasive. The table below traces some major statutes to ILO conventions or recommendations.
TipIndian Labour Statutes Traceable to ILO Standards
| Indian statute | Related ILO convention or recommendation |
|---|---|
| Workmen’s Compensation Act 1923 | C17 (Workmen’s Compensation, 1925) |
| Trade Unions Act 1926 | Foreshadowed C87 and C98 |
| Payment of Wages Act 1936 | C95 (Protection of Wages, 1949) |
| Factories Act 1948 | C81 (Labour Inspection); C155 (OSH) |
| Minimum Wages Act 1948 | C26 (Minimum Wage-Fixing Machinery, 1928) |
| ESI Act 1948 | C102 (Social Security — Minimum Standards, 1952) |
| Maternity Benefit Act 1961 | C103 (Maternity Protection, 1952); C183 (revised) |
| Equal Remuneration Act 1976 | C100 (Equal Remuneration, 1951) |
| Bonded Labour System (Abolition) Act 1976 | C29 (Forced Labour) |
| Child Labour Act 1986 | C138 and C182 |
| OSH Code, 2020 | C155 and C187 |
| Code on Social Security, 2020 | C102 and several others |
The pattern is consistent: an ILO convention sets the international benchmark; India incorporates the principles into national legislation, sometimes after ratification, sometimes ahead of it.
37.13 ILO Publications and Reports
The ILO publishes major reports that drive global labour-policy debate.
TipMajor ILO Flagship Reports
| Report | Periodicity | Content |
|---|---|---|
| World Employment and Social Outlook (WESO) | Annual | Global employment trends, projections |
| Global Wage Report | Biennial | Trends in wages, wage gaps |
| World Social Protection Report | Triennial | Social-security coverage globally |
| World Employment and Social Outlook: Trends | Annual | Labour-market trends |
| Future of Work Report | Periodic | Long-horizon analysis (e.g. 2019 Work for a Brighter Future) |
These reports are the main statistical and analytical input to global labour-policy debates and are widely cited in Indian academic and government work.
37.14 ILO and the Future of Work
The 2019 Centenary Declaration for the Future of Work lays out the ILO’s agenda for the next century. Its three priorities are:
TipThree Priorities of the Centenary Declaration
| Priority | What it covers |
|---|---|
| People | Lifelong learning; gender equality; effective transitions in the world of work |
| Institutions | Strong tripartism; adequate minimum wages; safe and healthy work; new forms of voice |
| Decent work | Sustainable enterprises; fair, formal, equal opportunity in the labour market |
The Centenary Declaration’s human-centred approach — putting workers’ rights, needs and aspirations at the centre of economic and social policies — is the framework within which most current ILO work operates.
37.15 Critical Assessment
The ILO has accomplished much, but faces real limits.
TipStrengths and Limits of the ILO
| Strengths | Limits |
|---|---|
| Tripartite structure unique among UN agencies | No coercive power to enforce conventions |
| Comprehensive standard-setting since 1919 | Ratification depends on political will of states |
| 1998 Declaration extends fundamental principles to all members | Member-state non-compliance hard to address |
| Influences national legislation worldwide | Slow to address gig and platform work in standards |
| Generates major research and statistics | Resource-constrained relative to its mandate |
37.16 Practice Questions
Eight questions to test the chapter. Each card hides the answer — click Show answer to reveal it.
Q1
The International Labour Organisation was founded
The International Labour Organisation was founded in:
A1919 by the Treaty of Versailles
B1944 by the Declaration of Philadelphia
C1948 along with the United Nations
D1969 on receiving the Nobel Peace Prize
Show answer
Correct answer
A. 1919, by Part XIII of the Treaty of Versailles.
Q2
The ILO's tripartite structure means that
The ILO's tripartite structure means that each member state is represented at the International Labour Conference by:
A1 government, 1 worker, 1 employer
B2 government, 1 worker, 1 employer
C2 government, 2 worker, 2 employer
D3 government, 1 worker, 1 employer
Show answer
Correct answer
B. The 2-1-1 structure — two government, one worker, one employer.
Q3
Match the ILO declaration with its
Match the ILO declaration with its year:
| Declaration | Year | ||
|---|---|---|---|
| (i) | Declaration of Philadelphia | (a) | 1998 |
| (ii) | Declaration on Fundamental Principles and Rights at Work | (b) | 2008 |
| (iii) | Declaration on Social Justice for a Fair Globalisation | (c) | 1944 |
| (iv) | Centenary Declaration | (d) | 2019 |
A(i)-(c), (ii)-(a), (iii)-(b), (iv)-(d)
B(i)-(a), (ii)-(b), (iii)-(c), (iv)-(d)
C(i)-(b), (ii)-(c), (iii)-(d), (iv)-(a)
D(i)-(d), (ii)-(c), (iii)-(a), (iv)-(b)
Show answer
Correct answer
A. (i)-(c), (ii)-(a), (iii)-(b), (iv)-(d)
Q4
The Decent Work Agenda was launched
The Decent Work Agenda was launched in 1999 by Director-General:
AAlbert Thomas
BDavid Morse
CJuan Somavía
DGuy Ryder
Show answer
Correct answer
C. Juan Somavía launched the Decent Work Agenda in 1999.
Q5
The slogan "labour is not a
The slogan "labour is not a commodity" is from the:
ATreaty of Versailles
BDeclaration of Philadelphia (1944)
CILO Constitution preamble
DCentenary Declaration (2019)
Show answer
Correct answer
B. It is the first principle of the 1944 Declaration of Philadelphia.
Q6
Of the following, India has not
Of the following, India has not ratified:
AC29 (Forced Labour)
BC100 (Equal Remuneration)
CC87 (Freedom of Association)
DC138 (Minimum Age)
Show answer
Correct answer
C. India has not ratified C87 (or C98).
Q7
Which of the following is not
Which of the following is not among the four pillars of the Decent Work Agenda?
AEmployment creation
BRights at work
CSocial protection
DProfitability
Show answer
Correct answer
D. The four pillars are employment creation, rights at work, social protection and social dialogue.
Q8
ILO Convention C144 (1976) deals with
ILO Convention C144 (1976) deals with:
AEqual remuneration for men and women
BTripartite consultation on international labour standards
CMinimum age for employment
DOccupational safety and health
Show answer
Correct answer
B. C144 — Tripartite Consultation (International Labour Standards). India is a ratifying state.
ImportantQuick recall
- ILO founded in 1919 by the Treaty of Versailles; HQ Geneva; first specialised UN agency in 1946; Nobel Peace Prize 1969.
- Tripartite structure: 2-1-1 representation per state (government-worker-employer); only such body in the UN system.
- Three principal organs: International Labour Conference (annual), Governing Body (56 members), International Labour Office (secretariat).
- Declaration of Philadelphia (1944) — labour is not a commodity; Declaration on Fundamental Principles and Rights at Work (1998); Declaration on Social Justice (2008); Centenary Declaration (2019).
- Standards: conventions (binding on ratification), recommendations (non-binding), codes of practice, protocols.
- Convention adoption — two-thirds majority at ILC.
- Eight fundamental conventions in four clusters: freedom of association (C87, C98 — India not ratified); forced labour (C29 ratified 1954, C105 ratified 2000); child labour (C138 and C182 — India ratified 2017); discrimination (C100 ratified 1958, C111 ratified 1960). Plus the 2022-added safe and healthy working environment (C155, C187 — India not ratified).
- Four governance conventions: C81, C129 (labour inspection); C122 (employment policy); C144 (tripartite consultation).
- Decent Work Agenda (1999, Juan Somavía) — four pillars: employment, rights, social protection, social dialogue.
- India: founding member 1919; permanent on Governing Body (chief industrial importance); 47 conventions ratified including 6 of 8 fundamental.
- Indian labour law extensively traces to ILO conventions and recommendations.
- ILO flagship reports: WESO, Global Wage Report, World Social Protection Report.
- Centenary Declaration’s three priorities: people, institutions, decent work — human-centred approach.