Ratification of ILO convention by India:

Boon or Bane ?
Audi Krishna Chaitanya
IIM Udaipur
PGP-1
Ph no: 7023002023

Land Labor and Capital have been the primary factors of any production process. As India is
making strides towards increasing domestic productivity in various sectors like Manufacturing
and et al, there has always been hostility between labor and capitalists. Each of them scoffs at
each other with mistrust. While the employers take most of decisions factoring its profits and
sustainability rather than its labor and their wellbeing, the working class is highly concerned
about it social security and bargaining power. Due to this many organizations have shut their
shops and most investors have become wary of investing in India.
To protect the interests of working class, capitalists and state, most of the current labor
legislations in India like Factories Act, Workmens compensation ,Mines act Employment of
Children are formulated(a few modified) based on the guidelines and basic principles of
International Labor conventions(ILO). ILO is a united nations agency with 185 counties as its
members. It sets the international framework and standards that provide opportunities for both
men and women to obtain decent and productive work in conditions of freedom, equity, security,
and human dignity. ILO drafts its conventions after consulting workers class, employers and
government representatives in a transparent manner. Any member-country ratifying the
convention of ILO gets technical assistance like work force training, assistance in drafting its
legislation etc. Ratifying country has to incorporate the conventions in its national law and
enforce them. It also has to send the reports of its implementation to ILO at regular intervals.
So far, India has ratified ILO conventions only after ensuring that they are in synchronization
with its National laws and it has the relevant infrastructure and budget is in place. Out of 189
ILO conventions, India has ratified 43 conventions. It has ratified 4 out of 8 fundamental ILO
conventions. Most of the Labor unions in India are demanding government to ratify the
remaining four conventions which are equally critical for the working class

Worst Forms of Child Labor Convention, 1999 (No. 182)

Minimum Age Convention, 1973 (No. 138)
Right to Organize and Collective Bargaining Convention, 1949 (No. 98)
Freedom of Association and Protection of the Right to Organize Convention, 1948
(No. 87)

Worst forms of Child labor conventions (No. 182) proscribe slavery, trafficking of children,
procuring or offering a child for illegal activities and child prostitution. Convention No. 138
prohibits the children above 18 years of age from working. The current national laws in India
like RTE, Child labor act, bonded labor act and Juvenile justice act are in alignment with the ILO
conventions. So there is no roadblock to ratify these conventions
Conventions 98 and 87 and have become little contentious due to the governments inclination to
the reach out to the investors and make the regulations flexible for them. They state that workers
are entitled to form or join any organization (National or International). It protects the workers
form being dismissed because of joining any union or taking part in such activity. Employers

have been increasingly not recognizing workers union and are harassing the workers who are
found to be participating in any of the union activities. They also prefer flexible hire and fire
policy to scale up or downsize the organization. Therefore workers class has raised their voice to
demand ratification of ILO 98 and 87. Indian Government view this convention as redundant for
government employees as they are guaranteed safeguards against dismissal and grievance
redressal under article 311 of Indian constitution.
Other convention which is gaining ground for demand of ratification is No. 189 which
recognizes the contribution of domestic workers and grants right to association and right to
collective bargaining. It makes the government responsible to provide minimum wages, day of
rest in a week, overtime wages and social security for all domestic workers. This is a huge cost in
terms of budget and infrastructure to the government as India alone contributes 8% of the
worlds domestic workers.
The current governments proposed labor reforms speaks of the workers benefits (doing away
inspector raj, Shram suvidha portal, Universal account number and Rashtriya swasthya bima)
and social security but is tight lipped on the ILO conventions 98, 87 and 189. A couple of things
that can be done to benefit employers and workers in this perspective is that a workers council
should be allowed to be formed in each company with elected member of the council appointed
as member of directors board. The existing hire and fire policy must be made flexible to both
the parties: employers should pay severance pay, provident fund, gratuity to the workers before
sacking them. Therefore government should relook in to the merits of ratifying the ILO
conventions and expedite it by finding a middle path (as said above) to accommodate the views
of both employers and workers.

References:
http://www.daoaruba.com/pdf/ilo/samenvatting%20ILO.pdf
http://www.ilo.org/ipec/facts/ILOconventionsonchildlabour/lang--en/index.htm
http://www.thehindu.com
http://www.livemint.com/