flowchart TB
M[Member State]
M --> G[2 Government<br/>delegates]
M --> E[1 Employer<br/>delegate]
M --> W[1 Worker<br/>delegate]
G --> ILC[International<br/>Labour Conference]
E --> ILC
W --> ILC
ILC --> GB[Governing Body]
GB --> ILO_Office[International<br/>Labour Office<br/>Geneva]
classDef default fill:#003366,color:#ffffff,stroke:#ffcc00,stroke-width:3px,rx:10px,ry:10px;
38 The International Labour Organisation (ILO): Founding, Tripartite Structure, Philadelphia Declaration, Eight Fundamental Conventions, India’s Ratification Record and the Decent Work Agenda
38.1 A Century-Old Tripartite Institution
The International Labour Organisation (ILO) was created in 1919 under Part XIII of the Treaty of Versailles, in the conviction that lasting peace can only be founded on social justice. The ILO is the only United Nations agency with a tripartite structure — governments, employers and workers share decision-making on equal terms. From its initial mission to humanise working conditions in the aftermath of the First World War, the ILO has grown into the principal global standard-setter on labour, with conventions and recommendations that have shaped labour law in almost every country — including the foundations of modern Indian labour legislation. This chapter covers the ILO’s founding, structure, key declarations, eight fundamental conventions, India’s record of ratification and the Decent Work Agenda.
38.2 1 · Origin and Founding
38.2.1 Why an ILO?
After the carnage of the First World War, the framers of the Treaty of Versailles (1919) recognised that wartime industrial discontent had been one of the social tensions that pushed nations to conflict — and that social injustice anywhere could threaten peace everywhere. Three core arguments justified an ILO:
TipThree Justifications for the ILO (1919)
| Argument | Description |
|---|---|
| Humanitarian | Working conditions involving injustice, hardship and privation produce so much unrest that peace and harmony are imperilled |
| Political | Persistent social injustice produces revolutions |
| Economic | Any nation that refuses to adopt humane conditions of labour places an obstacle in the way of others wishing to do so |
The preamble to the ILO Constitution captures the founding mission — universal and lasting peace can be established only if it is based upon social justice.
38.2.2 Founding Document and Date
- Treaty of Versailles signed 28 June 1919.
- ILO established under Part XIII (Labour) of the Treaty.
- First International Labour Conference held in Washington, October-November 1919.
- India was a founding member.
- ILO became a specialised agency of the United Nations in 1946.
38.2.3 Nobel Peace Prize 1969
The ILO received the Nobel Peace Prize in 1969 — on its 50th anniversary — in recognition of its contribution to social justice and peace.
38.3 2 · Tripartite Structure
The ILO’s defining feature is tripartism: each member state is represented by two government delegates, one employer delegate and one worker delegate — and all four delegates vote independently. The structure has three principal organs.
TipThree Principal Organs of the ILO
| Organ | Composition | Function |
|---|---|---|
| International Labour Conference (ILC) | Annual general assembly — 2 government + 1 employer + 1 worker from each member state | Adopts conventions and recommendations; sets the budget; admits members |
| Governing Body | 56 members — 28 government, 14 employers, 14 workers (10 of the government seats permanently held by the “States of chief industrial importance”) | Executive council — sets the agenda for the ILC, elects the Director-General, supervises the Office |
| International Labour Office | The permanent secretariat in Geneva, headed by the Director-General | Research, drafting, administration, technical assistance |
38.3.1 India and the Governing Body
India is one of the States of chief industrial importance and consequently holds a permanent seat in the government group of the Governing Body — one of only ten such seats worldwide.
38.4 3 · Membership and Director-General
- Membership — open to any UN member state that accepts the obligations of the ILO Constitution; states outside the UN may also be admitted by a two-thirds vote of the ILC.
- Headquarters — Geneva, Switzerland.
- Regional offices — including in New Delhi for South Asia.
- Director-General — chief administrative officer, appointed by the Governing Body for a five-year term.
38.4.1 Some Notable Director-Generals
TipSelected Director-Generals
| Name | Tenure (approx.) |
|---|---|
| Albert Thomas (France) | 1919-1932 — first Director |
| Harold Butler (UK) | 1932-1938 |
| David Morse (USA) | 1948-1970 — received the Nobel Prize on the ILO’s behalf |
| Juan Somavía (Chile) | 1999-2012 — articulated the Decent Work Agenda |
| Guy Ryder (UK) | 2012-2022 |
| Gilbert F. Houngbo (Togo) | 2022- |
38.5 4 · Standard-Setting — Conventions and Recommendations
The ILO sets international labour standards in two forms.
TipConventions vs Recommendations
| Instrument | Effect |
|---|---|
| Convention | A treaty — once ratified by a member state it creates binding international obligations |
| Recommendation | A non-binding guideline — sets the standard but does not bind the state |
| Protocol | A binding amendment to an existing convention |
| Declaration | A solemn statement of principles — politically binding even where the underlying convention has not been ratified |
A state that ratifies a convention must submit periodic reports on its application; the ILO’s supervisory machinery (Committee of Experts and Conference Committee on the Application of Standards) examines compliance.
38.6 5 · The Philadelphia Declaration (1944)
In April-May 1944, with the Second World War still raging, the 26th International Labour Conference at Philadelphia adopted the Declaration of Philadelphia — a re-statement of the ILO’s aims and purposes that was annexed to the ILO Constitution in 1946. The Declaration re-affirmed four core principles:
TipPhiladelphia Declaration — Four Core Principles
| # | Principle |
|---|---|
| 1 | Labour is not a commodity |
| 2 | Freedom of expression and of association are essential to sustained progress |
| 3 | Poverty anywhere constitutes a danger to prosperity everywhere |
| 4 | All human beings, irrespective of race, creed or sex, have the right to pursue material well-being and spiritual development in conditions of freedom and dignity, of economic security and equal opportunity |
::: {.callout-note title=“PYQ anchor —”Labour is not a commodity”“} The phrase “Labour is not a commodity” comes from the Philadelphia Declaration of 1944 and is the most-tested ILO catch-phrase. It expresses the ethical foundation of labour law. :::
38.7 6 · The Eight Fundamental Conventions
In 1998, the ILO adopted the Declaration on Fundamental Principles and Rights at Work, identifying core conventions covering four areas. Today there are eight Fundamental Conventions (with two more recognised on safety and health by a 2022 resolution).
TipEight Fundamental ILO Conventions
| Area | Convention | Year |
|---|---|---|
| Freedom of Association | C-87 — Freedom of Association and Protection of the Right to Organise | 1948 |
| C-98 — Right to Organise and Collective Bargaining | 1949 | |
| Forced Labour | C-29 — Forced Labour | 1930 |
| C-105 — Abolition of Forced Labour | 1957 | |
| Child Labour | C-138 — Minimum Age | 1973 |
| C-182 — Worst Forms of Child Labour | 1999 | |
| Discrimination | C-100 — Equal Remuneration | 1951 |
| C-111 — Discrimination (Employment and Occupation) | 1958 |
In 2022, the ILC added two more — C-155 (Occupational Safety and Health, 1981) and C-187 (Promotional Framework for Occupational Safety and Health, 2006) — making it ten fundamental conventions in the area of safe and healthy work.
NoteMnemonic — Four pairs, four areas
FoA (C-87, C-98), Forced labour (C-29, C-105), Discrimination (C-100, C-111), Child labour (C-138, C-182). Four pairs, four areas.
38.8 7 · India’s Ratification Record
India has ratified six of the original eight fundamental conventions and has not ratified two.
TipIndia’s Status on Fundamental Conventions
| Convention | India’s status |
|---|---|
| C-29 (Forced Labour, 1930) | Ratified (1954) |
| C-105 (Abolition of Forced Labour, 1957) | Ratified (2000) |
| C-100 (Equal Remuneration, 1951) | Ratified (1958) |
| C-111 (Discrimination, 1958) | Ratified (1960) |
| C-138 (Minimum Age, 1973) | Ratified (2017) |
| C-182 (Worst Forms of Child Labour, 1999) | Ratified (2017) |
| C-87 (Freedom of Association) | NOT ratified |
| C-98 (Right to Organise and Collective Bargaining) | NOT ratified |
NotePYQ trap — India has NOT ratified C-87 and C-98
India has not ratified Conventions 87 and 98. Government employees’ service rules, restricting strike and full collective bargaining for civil servants, are commonly cited as the reason. NTA stems frequently test this fact.
India is a member of all eight ratifying nations of C-138 / C-182 since 2017 — completing the child-labour pair.
38.9 8 · India’s Ratifications Beyond the Fundamentals
India has ratified over 47 ILO conventions in total — including:
- C-1 (Hours of Work — Industry, 1919) — among the first instruments adopted by the ILO.
- C-26 (Minimum Wage-Fixing Machinery, 1928).
- C-81 (Labour Inspection, 1947).
- C-89 (Night Work — Women, 1948) — denounced later.
- C-95 (Protection of Wages, 1949).
- C-141 (Rural Workers’ Organisations, 1975).
- C-144 (Tripartite Consultation, 1976).
38.10 9 · ILO Declarations — Key Instruments
TipKey ILO Declarations
| Declaration | Year | Substance |
|---|---|---|
| Declaration of Philadelphia | 1944 | Re-affirmation of ILO aims; labour is not a commodity |
| Declaration on Fundamental Principles and Rights at Work | 1998 | Four core areas; obligation to respect even without ratification |
| Declaration on Social Justice for a Fair Globalization | 2008 | Decent Work Agenda placed at the centre |
| ILO Centenary Declaration for the Future of Work | 2019 | Human-centred approach for the future of work |
| Resolution adding Safe and Healthy Working Environment | 2022 | C-155 and C-187 added to fundamental conventions |
38.11 10 · The Decent Work Agenda
Articulated by Director-General Juan Somavía in 1999, the Decent Work Agenda is the modern organising framework of the ILO.
TipDecent Work Agenda — Four Strategic Pillars
| Pillar | Substance |
|---|---|
| 1. Employment | Full and productive employment opportunities; right to work |
| 2. Rights at work | Fundamental rights — freedom of association, bargaining, no forced or child labour, non-discrimination |
| 3. Social protection | Social security, safe work, health care, income protection |
| 4. Social dialogue | Tripartite consultation, collective bargaining, voice |
The Decent Work Agenda is now embedded in Sustainable Development Goal 8 — “Decent Work and Economic Growth”.
38.12 11 · ILO and Indian Labour Law — Influence
The ILO has shaped Indian labour law in significant ways.
TipILO Influence on Indian Labour Law — Selected Examples
| Indian statute / development | ILO influence |
|---|---|
| Workmen’s Compensation Act 1923 | Following ILO recommendation on workmen’s compensation |
| Factories Act 1923 / 1934 / 1948 | Limit on hours and welfare provisions reflect ILO standards |
| Trade Unions Act 1926 | Coincided with ILO advocacy of freedom of association |
| Payment of Wages Act 1936 | C-95 (Protection of Wages) influence |
| Minimum Wages Act 1948 | C-26 (Minimum Wage-Fixing Machinery) influence |
| Maternity Benefit Act 1961 | C-3 / C-103 maternity protection influence |
| ESI Act 1948 / EPF Act 1952 | Social-security conventions |
| Bonded Labour System (Abolition) Act 1976 | C-29 (Forced Labour) compliance |
| Equal Remuneration Act 1976 | C-100 (Equal Remuneration) ratification follow-up |
| Child Labour (Prohibition and Regulation) Act 1986 | C-138 / C-182 influence |
| Indian Labour Conference | Mirrors ILC’s tripartite design |
| National Commissions on Labour | Drew on ILO standards for benchmarking |
38.13 12 · Critique and Modern Challenges
- Slow ratification by many states, including India for C-87 and C-98.
- Implementation gaps — ratified conventions are not always effectively enforced.
- Coverage gaps — gig and platform work, informal sector, migrant workers.
- Universalism vs context — debates over whether global standards should bend to local conditions.
- Funding dependence on member-state contributions.
- Sluggish dispute machinery — the ILO’s supervisory mechanisms can take years.
38.14 Practice Questions
Q 01
Year
Easy
The International Labour Organisation was founded in:
View solution
Correct Option: B
1919 — Part XIII of the Treaty of Versailles.
Q 02
Tripartism
Medium
Each ILO member state is represented at the International Labour Conference by:
View solution
Correct Option: B
2 govt + 1 employer + 1 worker — tripartite four-delegate model.
Q 03
Philadelphia
Medium
"Labour is not a commodity" is a principle from the:
View solution
Correct Option: B
Declaration of Philadelphia, 1944.
Q 04
C-87 C-98
Hard
Among the eight fundamental ILO conventions, India has not ratified:
View solution
Correct Option: B
C-87 and C-98 not ratified by India.
Q 05
HQ
Easy
The headquarters of the ILO is at:
View solution
Correct Option: B
Geneva, Switzerland.
Q 06
Nobel
Medium
The ILO received the Nobel Peace Prize in:
View solution
Correct Option: C
1969 — on the ILO's 50th anniversary.
Q 07
Governing Body
Hard
The total composition of the ILO Governing Body is:
View solution
Correct Option: B
56 — 28 government, 14 employer, 14 worker.
Q 08
India seat
Hard
India holds a permanent seat in the government group of the Governing Body because it is:
View solution
Correct Option: B
One of 10 such States — permanent seat.
Q 09
Decent Work
Medium
The "Decent Work Agenda" was articulated by:
View solution
Correct Option: C
Juan Somavía — 1999.
Q 10
Match
Hard
Match the convention number with its area:
| (i) | C-87 | (a) | Equal remuneration |
| (ii) | C-100 | (b) | Freedom of association |
| (iii) | C-138 | (c) | Abolition of forced labour |
| (iv) | C-105 | (d) | Minimum age (child labour) |
View solution
Correct Option: A
C-87-FoA; C-100-equal pay; C-138-minimum age; C-105-abolition forced.
Q 11
First DG
Medium
The first Director-General of the ILO was:
View solution
Correct Option: B
Albert Thomas — 1919-1932.
Q 12
UN agency
Medium
The ILO became a specialised agency of the United Nations in:
View solution
Correct Option: C
1946 — first such specialised agency.
Q 13
Convention nature
Medium
An ILO Convention becomes binding on a member state only after:
View solution
Correct Option: B
Ratification by the state.
Q 14
C-29
Medium
ILO Convention 29 addresses:
View solution
Correct Option: A
C-29 (1930) — Forced Labour Convention.
Q 15
Decent Work pillars
Hard
Which is not one of the four pillars of the Decent Work Agenda?
View solution
Correct Option: D
Four pillars: employment, rights at work, social protection, social dialogue.
Q 16
India C-138 C-182
Hard
India ratified the two ILO child-labour conventions (C-138 and C-182) in:
View solution
Correct Option: D
India ratified C-138 and C-182 in 2017.
Q 17
SDG 8
Medium
The Decent Work Agenda is embedded in which Sustainable Development Goal?
View solution
Correct Option: C
SDG 8 — "Decent Work and Economic Growth".
Q 18
Centenary
Hard
The ILO Centenary Declaration for the Future of Work was adopted in:
View solution
Correct Option: C
2019 — ILO's 100th anniversary.
Q 19
Recommendation
Medium
An ILO "Recommendation" is best described as:
View solution
Correct Option: B
Non-binding guideline; not subject to ratification.
Q 20
2022 addition
Hard
In 2022, the ILO added which area to its list of fundamental rights at work?
View solution
Correct Option: B
Safe and healthy working environment — C-155 and C-187 added.
38.15 Quick Recall
ImportantQuick recall
- ILO founded 1919 — Part XIII of Treaty of Versailles. India a founding member. Specialised UN agency since 1946. Nobel Peace Prize 1969. HQ Geneva.
- Tripartite structure — each state: 2 government + 1 employer + 1 worker delegate voting independently.
- Three organs: International Labour Conference (ILC) — annual general assembly; Governing Body — 56 members executive (28+14+14); International Labour Office — Geneva secretariat headed by Director-General.
- India holds a permanent Governing Body seat as a “State of chief industrial importance”.
- Standard-setting: Conventions (binding when ratified); Recommendations (non-binding); Protocols (binding amendments); Declarations (politically binding statements of principle).
- Declaration of Philadelphia (1944) — four principles; “labour is not a commodity”.
-
Eight Fundamental Conventions (1998 Declaration):
- Freedom of Association: C-87 (1948), C-98 (1949) — NOT ratified by India.
- Forced Labour: C-29 (1930), C-105 (1957) — ratified.
- Discrimination: C-100 (1951), C-111 (1958) — ratified.
- Child Labour: C-138 (1973), C-182 (1999) — ratified by India in 2017.
- In 2022, C-155 and C-187 (occupational safety and health) added — ten fundamental conventions.
- Decent Work Agenda (Juan Somavía, 1999) — four pillars: employment, rights at work, social protection, social dialogue.
- Embedded in SDG 8 — Decent Work and Economic Growth.
- ILO Centenary Declaration for the Future of Work (2019) — human-centred approach.
- ILO influence on Indian labour law — Workmen’s Compensation 1923, Factories 1923/34/48, Trade Unions 1926, Payment of Wages 1936, Minimum Wages 1948, ESI 1948, EPF 1952, Maternity 1961, Equal Remuneration 1976, Bonded Labour 1976, Child Labour 1986.
- First DG: Albert Thomas (1919-1932). Current DG: Gilbert F. Houngbo (since 2022).