Introduction

The International Labor Organization (ILO) was set up, with an aim to develop the conditions of labors not only in India but around the world, in the year 1919. India was the instituting member of ILO, which now expanded its primary membership to 145 countries. Indian Labor Organization through its resolutions and recommendations supports countries to lure their own set of labor legislations for the well conduct of the labor class, and the preservation of their rights. The primary objective of action in the ILO is the creation of the International Labor Standards in the form of Resolutions and Recommendations. Resolutions are international treaties and instruments, which generate legally binding responsibilities on the nations that ratify those nations. Recommendations are non-binding but better set out guidelines orienting countrywide policies, procedure and help in developing actions. Labor Law controls matters, such as, remuneration, labor employment, and conditions of employment, trade unions, industrial and labor management relations. They also include social legislations regulating such characteristics as reimbursement for accident triggered to a worker at work place, maternity benefits fixation of minimum wages, and distribution of the company’s profit of the organization’s workers, etc. Most of these acts regulate rights and the responsibilities of employee. History of Indian labor legislation is obviously interlaced with the history of British colonialism. British political economy was considered natural paramount in modeling some of these early laws. In the initial phases it was very difficult to get adequate regular Indian workers to run British organizations and hence labor laws became essential. This was obviously labor law giving in order to protect the interests of British bosses. The outcome was the Factories Act. It is well known fact that Indian textile goods offered unbending competition to British textiles in textile market and hence in order to make Indian labor costlier. The Factories Act was first time introduced in 1883 because of the pressure carried on the British parliament by the then textile tycoons of Manchester and Lancashire. Thus we acknowledged the first requirement of eight hours of work for labor, the abolition of child labor, and the rheostat of employment of women in night, and inaction of overtime wages for labor who work beyond eight hours. Further the attitude of India with respect to International Labor Standards has always been very constructive. The Indian Labor Organization tools have provided procedures and useful framework for the development of legislative and administrative procedures for the protection and progression in the interest of labor. To that point the impact of ILO Resolutions as a regular for reference for both labor legislation and practices in India, rather than legally binding norm, has been substantial. Ratification of a Resolution enforces legally binding responsibilities on the nation concerned and, consequently, India has been very careful in ratifying Resolutions. It has always been in the exercise in India that we ratify a Resolution when we are entirely satisfied that these laws and practices are in conformity with the appropriate ILO Resolution. It is now measured that a better course of action is to proceed with progressive implementation of the standards, leave the formal ratification for consideration at a later stage when it becomes practicable. India have so far ratified 39 Conventions of the ILO, which is much better than the position obtaining in many other countries. Even where for special reasons, India may not be in a position to ratify a Convention, India has generally voted in favor of the Conventions reserving its position as far as its future ratification is concerned.

Core Conventions of the ILO

The eight Core Conventions of the ILO (also called fundamental/ human rights conventions) are: Forced Labor Convention (No. 29), Abolition of Forced Labor Convention (No.105), Equal Remuneration Convention (No.100), and Discrimination (Employment Occupation) Convention (No.111) (The above four have been ratified by India). Freedom of Association and Protection of Right to Organized Convention (No.87),Right to Organize and Collective Bargaining Convention (No.98),Minimum Age Convention (No.138),Worst forms of Child Labor Convention (No.182) (These four are yet to be ratified by India). Consequent to the World Summit for Social Development in 1995, the above-mentioned Conventions (Sl.No.1 to 7) were categorized as the Fundamental Human Rights Conventions or Core Conventions by the ILO. Later on, Convention No.182 (Sl. No.8) was added to the list. According to the Declaration on Fundamental Principles and Rights at Work and its Supplement, each Member country of the ILO is anticipated to give outcome to the principles restricted in the Core Resolutions of the ILO, regardless of whether or not the Core Resolutions have been approved by them. Under the reporting procedure of the ILO, detailed reports are due from the member States that have ratified the priority Conventions and the Core Conventions every two years. Under the Follow-up to the ILO Declaration on Fundamental Principles and Rights at Work, a report is to be made by each Member State every year on those Core Conventions that it has not yet ratified. One of the foremost reforms introduced recently is the introduction of the “Active Partnership Policy” whose main objective is to bring ILO nearer to its constituent countries. The key instrument for execution of the ILO policy is the multi-disciplinary team, which will help in providing support and identify special areas of concern to member States. For South-Asia the multi-disciplinary team is in New Delhi. It consists of specialists on industrial relations, employment, labors and employers’ activity, small-scale industries and International Labor Ethics. Also ILO’s interest in child labor, young persons and their problems is well known. It has adopted a number of Conventions and Recommendations in this regard. In India, within a framework of the Child Labor (Prohibition and Regulations) Act, 1986 and through the National Policy on Child Labor, ILO has funded the preparation of certain local and industry specific projects. In two projects, viz. Child Labor Action and Support Programmes (CLASP) and International Programme on Elimination of Child Labor (IPEC), the ILO is playing a vital role. The implementation of IPEC programmes in India has certainly created a very positive impact towards understanding the problem of child labor and in highlighting the need to elimination child labor as expeditiously as possible. A major contribution of the IPEC programme in India is that it has generated a critical consciousness among all the 3 social partners for taking corrective measures to eliminate child labor.

Major impact of ILO on Labor legislations in India

With the evolution and expansion of small plants, factories and industries in the Indian subcontinent starting in the mid of the nineteenth century, new possibilities for employment were generated, resulting in a ongoing migration of the labor from poor rural areas to factories and mills located basically in urban areas. During time, in the lack of any control on organization’s labor by the state, the employers were very less concerned for the needs of their workers; wages were very low, very long working hours, and unsatisfactory the employees’ employment conditions. The situation led to the depiction of a large number of labor legislations beginning since the year of 1881. These labor legislations includes, The Factories Act 1881, Workmen’s Compensation Act -1923, Mines Act 1923, Trade Unions Act-1926, Trade Disputes Act -1929, Payment of Wages Act -1936, Employment of children act- 1938 and Maternity Benefit Act in 1939.

The Factories Act 1881

This act is the basis of all industrial and labor laws in India. It contained requirements for working hours of women and workers with the minimum age of children for employment. When International Labor Organization was established in 1919, this Act was amended and subsequently retracted, resulting in the declaration of the Factories Act 1934. It makes provision for health, safety, and hygienic condition of the workers, special provision for women and young workers. It also forbids child labor. It provides limits of work for a child in factories, including seasonal factories.

Mines Act 1923

This Act make provisions for labors working in Indian mines. The working hours for labor employed on surface were limited fifty per week and ten per day. According to Mines Act periods of work shall not be more than 12 hours in any day, this also include rest period. For workers who are employed underground, the daily limit for them is nine hours per day. The Act does not cover provisions related to overtime work. No worker can work more than six days in a week. The Act does not make any provision for wages during the day of rest.

Trade Union Act and Payment of Wages Act

The Indian government under British set up an enquiry committee in 1926 to determine the shortcomings for anomaly of payment of wages to industrial labors. As the result Trade union act of 1926 come up. The Royal Commission on Labor was appointed in 1929, the commission considered the reports and suggestions of the enquiry committee and recommended for implementing prevention of disorders relating to payment of wages. The Payment of Wages Act 1936 was passed to regulate the payment of wages to definite classes of people employed in industry. The object of the Act obviously was to offer a low-priced and quick therapy for employees to whom the Act applied and to recover wages due to these employees. For this purpose, a special tribunal was created, but due to some integral imperfections in the statute the repossession of judgmental wages remained difficult. The

Weekly Holidays Act of 1942

This act recommends one paid holiday in a week for people working in any restaurant, shop, or theatre excluding position of management, and confidential positions. The government is authorized to award additional paid half-day holiday in a week.

The Industrial Disputes Act, 1947

This act came into being on the 1st day of April 1947. The Act provided for establishment of industrial tribunals by the appropriate government in British India. It established a full-fledged industrial tribunal for adjudication of industrial disputes for the first time.

The Industrial Employment (Standing Orders) Act, 1946

This act came into force for the first time to employers in industrial establishments which are employing hundred or more workers. This act provides the way to define the terms and conditions of employment of worker in the form of standing orders. The Merchant Shipping Act, 1923 provided for an agreement between the master of the ship and seaman concerning their terms of service.

The benefits of International Labour Standards

The challenges of globalization have made international labour standards more relevant than ever. What benefits do they provide today?

A path to full and productive employment and decent work for all : The 2030 goals

International labour standards are first and foremost about the development of people as human beings. In the Declaration of Philadelphia (1944), the international community recognized that “labour is not a commodity”. Labour is not an inanimate product, like an apple or a television set, that can be negotiated for the highest profit or the lowest price. Work is part of everyone’s daily life and is crucial to a person’s dignity, well-being and development as a human being. Economic development should include the creation of jobs and working conditions in which people can work in freedom, safety and dignity. In short, economic development is not undertaken for its own sake, but to improve the lives of human beings. International labour standards are there to ensure that it remains focused on improving the life and dignity of men and women.

Decent work resumes the aspirations of humans in relation to work. It brings together access to productive and suitably remunerated work, safety at the workplace and social protection for families, better prospects for personal development and social integration, freedom for individuals to set out their claims, to organize and to participate in decisions that affect their lives, and equality of opportunity and treatment for all men and women.

Decent work is not merely an objective, it is a means of achieving the specific targets of the new international programme of sustainable development. At the United Nations General Assembly in September 2015, decent work and the four pillars of the Decent Work Agenda – employment creation, social protection, rights at work and social dialogue – became the central elements of the new Sustainable Development Agenda 2030. Goal 8 of the 2030 Agenda calls for the promotion of sustained, inclusive and sustainable economic growth, full and productive employment and decent work for all. Moreover, the principal elements of decent work are broadly incorporated into the targets of a large number of the 16 Goals of the United Nations new vision of development.

An international legal framework for fair and stable globalization

Achieving the goal of decent work in the globalized economy requires action at the international level. The world community is responding to this challenge in part by developing international legal instruments on trade, finance, the environment, human rights and labour. The ILO contributes to this legal framework by elaborating and promoting international labour standards aimed at making sure that economic growth and development go hand-in-hand with the creation of decent work. The ILO’s unique tripartite structure ensures that these standards are backed by governments, employers and workers alike. International labour standards therefore lay down the basic minimum social standards agreed upon by all the players in the global economy.

A level playing field

An international legal framework on social standards ensures a level playing field in the global economy. It helps governments and employers to avoid the temptation of lowering labour standards in the hope that this could give them a greater comparative advantage in inter- national trade. In the long run, such practices do not benefit anyone. Lowering labour standards can encourage the spread of low-wage, low-skill and high-turnover industries and prevent a country from developing more stable high-skilled employment, while at the same time slowing the economic growth of trade partners. Because international labour standards are minimum standards adopted by governments and the social partners, it is in everyone’s interest to see these rules applied across the board, so that those who do not put them into practice do not undermine the efforts of those who do.

A means of improving economic performance

International labour standards have been sometimes perceived as being costly and therefore hindering economic development. However, a growing body of research has indicated that compliance with international labour standards is often accompanied by improvements in productivity and economic performance.

Minimum wage and working-time standards, and respect for equality, can translate into greater satisfaction and improved performance for workers and reduced staff turnover. Investment in vocational training can result in a better trained workforce and higher employment levels. Safety standards can reduce costly accidents and expenditure on health care. Employment protection can encourage workers to take risks and to innovate. Social protection, such as unemployment schemes, and active labour market policies can facilitate labour market flexibility, and make economic liberalization and privatization sustainable and more acceptable to the public. Freedom of association and collective bargaining can lead to better labour–management consultation and cooperation, thereby improving working conditions, reducing the number of costly labour conflicts and enhancing social stability.

The beneficial effects of labour standards do not go unnoticed by foreign investors. Studies have shown that in their criteria for choosing countries in which to invest, foreign investors rank workforce quality and political and social stability above low labour costs. At the same time, there is little evidence that countries which do not respect labour standards are more competitive in the global economy. International labour standards not only respond to changes in the world of work for the protection of workers, but also take into account the needs of sustainable enterprises.

A safety net in times of economic crisis

Even fast-growing economies with high-skilled workers can experience unforeseen economic downturns. The Asian financial crisis of 1997, the 2000 dot-com bubble burst and the 2008 financial and economic crisis showed how decades of economic growth can be undone by dramatic currency devaluations or falling market prices. For instance, during the 1997 Asian crisis, as well as the 2008 crisis, unemployment increased significantly in many of the countries affected. The disastrous effects of these crises on workers were compounded by the fact that in many of these countries social protection systems, notably unemployment and health insurance, active labour market policies and social dialogue were barely developed.

The adoption of an approach that balances macroeconomic and employment goals, while at the same time taking social impacts into account, can help to address these challenges.

A strategy for reducing poverty

Economic development has always depended on the acceptance of rules. Legislation and functioning legal institutions ensure property rights, the enforcement of contracts, respect for procedure and protection from crime – all legal elements of good governance without which no economy can operate. A market governed by a fair set of rules and institutions is more efficient and brings benefit to everyone. The labour market is no different. Fair labour practices set out in international labour standards and applied through a national legal system ensure an efficient and stable labour market for workers and employers alike.

In many developing and transition economies, a large part of the work- force is engaged in the informal economy. Moreover, such countries often lack the capacity to provide effective social justice. Yet international labour standards can also be effective tools in these situations. Most ILO standards apply to all workers, not just those working under formal employment arrangements. Some standards, such as those dealing with homeworkers, migrant and rural workers, and indigenous and tribal peoples, deal specifically with certain areas of the informal economy. The reinforcement of freedom of association, the extension of social protection, the improvement of occupational safety and health, the development of vocational training, and other measures required by international labour standards have proved to be effective strategies in reducing poverty and bringing workers into the formal economy. Furthermore, international labour standards call for the creation of institutions and mechanisms which can enforce labour rights. In combination with a set of defined rights and rules, functioning legal institutions can help formalize the economy and create a climate of trust and order which is essential for economic growth and development.

The sum of international experience and knowledge

International labour standards are the result of discussions among governments, employers and workers, in consultation with experts from around the world. They represent the international consensus on how a particular labour problem could be addressed at the global level and reflect knowledge and experience from all corners of the world. Governments, employers’ and workers’ organizations, international institutions, multinational enterprises and non-governmental organizations can benefit from this knowledge by incorporating the standards in their policies, operational objectives and day-to-day action. The legal nature of the standards means that they can be used in legal systems and administrations at the national level, and as part of the corpus of international law which can bring about greater integration of the international community.

Conventions and Recommendations

International labour standards are legal instrumenr drawn up by the ILO's constituents (government, employers and workers)  and setting out basic principles and rights at work. They are either Conventions (or Protocols), which are legally binding international treaties that may be ratified by member states, 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 provinding more detailed guidelines on how it could be applied. Recommendations can also be autonomous, i.e not linked to Convention. 

Conventions and Recommendations are drawn up by representatives of governments, employers and workers and are adopted at the annual International Labour Conference. Once a standard is adopted, member states are required under article 19(6) of the ILO Constitution, to submit it to their competent authority (normally Parliament) within a period of twelve months for consideration. In the case of Conventions, this means consideration for ratification. If it is ratified, a Convention generally comes into force for that country one year after the date of ratification. Ratifying countries undertake to apply the Convention in national law and practice and to report on its application at regular intervals. Technical assistance is provided by the ILO, if necessary. In addition, representation and complaint procedures can be initiated against countries for violations of a Convention that they have ratified

Fundamental Conventions

The ILO Governing Body has identified eight “fundamental” Conventions, covering subjects that are considered to be fundamental principles and rights at work: freedom of association and the effective recognition of the right to collective bargaining; the elimination of all forms of forced or compulsory labour; the effective abolition of child labour; and the elimination of discrimination in respect of employment and occupation. These principles are also covered by the ILO Declaration of Fundamental Principals and Rights at Works (1998).  As of 1st January 2019, there were 1,376 ratifications of these Conventions, representing 92 per cent of the possible number of ratifications. At that date, a further 121 ratifications were still required to meet the objective of universal ratification of all the fundamental Conventions.

The eight fundamental Conventions are:

1. Freedom of Association and Protection of the Right to Organise Covention, 1948 (No. 87)  

2. Right to Organise and Collective Bargaining Convention, 1949 (No. 98) 

3. Forced Labour Convention, 1930 (No. 29) (and its 2014 Protocol)  

4. Abolition of Forced Labour Covention, 1957 (No. 105) 

5. Minimum Age Convention, 1973 (No. 138)

6. Worst Forms of Child Labour Conventions, 1999 (No. 182) 

7. Equal Remuneration Convention, 1951 (No. 100) 

8. Discrimination (Employment and Occupation) Convention, 1958 (No. 111)  

Governance (priority) Conventions

The ILO Governing Body has also designated another four Conventions as governance (or priority) instruments, thereby encouraging member States to ratify them because of their importance for the functioning of the international labour standards system. The ILO Declaration on Social Justice for a Fair Globalization, in its Follow-up, emphasizes the significance of these Conventions from the viewpoint of governance.

The four governance Conventions are:

1. Labour Inspection Covention, 1947 (No. 81) 

2. Employment Policy Convention , 1964 (No. 122)

3. Labour Inspection (Agriculture) Convention, 1969 (No. 129) 

4. Tripattite Consltation (International Labour Standards) Convention, 1976 (No. 144) 

How International Labour Standards are created

International labour standards evolve from a growing international concern that action needs to be taken on a particular issue, such as providing working women with maternity protection, or ensuring safe working conditions for agricultural workers. The development of international labour standards at the ILO is a unique legislative process involving representatives of governments, workers and employers from throughout the world. As a first step, the Governing Body agrees to put an issue on the agenda of a future International Labour Conference. The International Labour Office prepares a report that analyses the law and practice of member States with regard to the issue at stake. The report is communicated to member States and to workers’ and employers’ organizations for comments and is then submitted to the International Labour Conference for a first discussion. A second report is then prepared by the Office with a draft instrument, which is also sent for comments and submitted for discussion at the following session of the Conference, where the draft instrument is discussed, amended as necessary and proposed for adoption. This “double discussion” procedure gives Conference participants sufficient time to examine the draft instrument and make comments on it. A two-thirds majority of votes is required for a standard to be adopted.

Ratification of Conventions and Protocols

ILO member States are required to submit any Convention or Protocol adopted by the International Labour Conference to their competent national authority for the enactment of relevant legislation or other action, including ratification. An adopted Convention or Protocol normally comes into force 12 months after being ratified by two member States. Ratification is a formal procedure whereby a State accepts the Convention or Protocol as a legally binding instrument. Once it has ratified a Convention or Protocol, a country is subject to the ILO regular supervisory system, which is responsible for ensuring that the instrument is applied.

Universality and flexibility

Standards are adopted by a two-thirds majority vote of ILO constituents and are therefore an expression of universally acknowledged principles. At the same time, they reflect the fact that countries have diverse cultural and historical backgrounds, legal systems and levels of economic development. Indeed, most standards have been formulated in a manner that makes them flexible enough to be translated into national law and practice with due consideration of these differences. For example, standards on minimum wages do not require member States to set a specific minimum wage, but to establish a system and the machinery to fix minimum wage rates appropriate to their level of economic development. Other standards contain so-called “flexibility clauses” allowing States to lay down temporary standards that are lower than those normally prescribed, to exclude certain categories of workers from the application of a Convention, or to apply only certain parts of the instrument. Ratifying countries are usually required to make a declaration to the Director-General of the ILO if they exercise any of the flexibility options, and to make use of such clauses only in consultation with the social partners. However, reservations to ILO Conventions are not permitted.

Updating international labour standards

There are currently 190 Conventions and 206 Recommendations, some dating back as far as 1919, and six Protocols. As may be expected, some of these instruments no longer correspond to today’s needs. To address this problem, the ILO adopts revising Conventions that replace older ones, or Protocols, which add new provisions to older Conventions. 

Standards Review Mechanism (SRM)

The SRM is a mechanism that is integral to the ILO’s standards policy with a view to ensuring that the the ILO has a clear, robust and up-to- date body of standards that respond to the changing patterns of the world of work, for the purpose of the protection of workers and taking into account the needs of sustainable enterprises.

The SRM was set up by the Governing Body in November 2011, but became operational later, in 2015, as a result of two decisions:

- a decision by the Governing Body in March 2015 to establish under the SRM a tripartite working group composed of 32 members (16 representing Governments, eight representing Employers and eight representing Workers);

- a decision taken in November 2015 to approve the terms of reference of the Tripartite Working Group of the SRM.

The Tripartite Working Group of the SRM is mandated to review the ILO’s international labour standards with a view to making recommendations to the Governing Body on:

- the status of the standards examined, including up-to-date standards, standards in need of revision and outdated standards;

- the review of gaps in coverage, including those requiring new standards;

- practical and time-bound follow-up action, as appropriate.

The SRM Tripartite Working Group  meets once a year and reviews the different instruments based on a thematic approach. In parallel with the launching of the SRM, the entry into force of the Instrument of Amendment of the Constitution of the International Labour Organization of 1997 reinforced the ILO’s efforts to ensure that it has a clear and up-to-date body of international labour standards that can serve as a global point of reference. With the entry into force of the Instrument of Amendment of the Constitution, the Conference is now empowered, by a majority of two-thirds and on the recommendation of the Governing Body, to abrogate a Convention that is in force if it appears that the Convention has lost its purpose or that it no longer makes a useful contribution to attaining the objectives of the Organization. At its Session in June 2017, the Conference held its first discussion following the entry into force of the Instrument of Amendment and examined and decided to abrogate two international labour Conventions. At its Session in June 2018, the Conference decided to abrogate six other Conventions and withdraw three Recommendations. In addition, on the basis of the work of the SRM, the Governing Body decided to place an item on the agenda of the 2021 session of International Labour Conference regarding the possibility of a new standard on apprenticeship in order the fill the gap at the international level in this regard.

How International Labour Standards are used

Models and targets for labour law

International labour standards are primarily tools for governments which, in consultation with employers and workers, are seeking to draft and implement labour law and social policy in conformity with internationally accepted standards. For many countries, this process begins with a decision to consider ratifying an ILO Convention. Countries often go through a period of examining and, if necessary, revising their legislation and policies in order to achieve compliance with the instrument they wish to ratify. International labour standards thus serve as targets for harmonizing national law and practice in a particular field; the actual ratification may come further along the path of implementing the standard. Some countries decide not to ratify a Convention but to bring their legislation into line with it anyway; such countries use ILO standards as models for drafting their law and policy. Others ratify ILO Conventions fairly quickly and then work to bring their national law and practice into line after ratification.

 

Sources of international law applied at the national level

In numerous countries, ratified international treaties apply automatically at the national level. Their courts are thus able to use international labour standards to decide cases on which national law is inadequate or silent, or to draw on definitions set out in the standards, such as of “forced labour” or “discrimination”. Alongside voluntary initiatives and non-statutory rules, the legal system is one of the means through which international standards are disseminated. The use of these standards by the highest courts of certain countries, as observed by the ILO for over a decade, bears witness to their increasing acceptance and use at the national level. In this way, national and international systems for the regulation of labour are a mutual source of inspiration. International labour standards there appear to be a universal point of reference for an increasing number of actors at the international level, thereby reinforcing international labour law, which is becoming an essential resource in the denunciation of inequalities in the world of work and the regulation of labour relations, conditions and disputes, as reflected in more widespread respect for the values defended by the ILO.

Guidelines for social policy

In addition to shaping law, international labour standards can provide guidance for developing national and local policies, such as employment, work and family policies. They can also be used to improve various administrative structures, such as labour administration, labour inspection, social security and employment services. Standards can also serve as a source of good industrial relations applied by labour dispute resolution bodies, and as models for collective agreements.

 

Other areas of influence

While ILO constituents are the main users of international labour standards, other actors have also found them to be useful tools. Indeed, new actors are using international labour standards and therefore participating in their diffusion at the international level.

Corporate social responsibility (CSR) – the promotion of inclusive, responsible and sustainable practices in the workplace

The ILO defines CSR as a way in which enterprises give consideration to the impact of their operations on society and affirm their principles and values, both in their own internal methods and procedures and in their interactions with other actors. Increasing consumer interest in the ethical dimension of products and the working conditions in which they are produced has led multinational enterprises to adopt voluntary codes of conduct governing labour conditions in their production sites and supply chains. The majority of the top 500 companies in the United States and United Kingdom have adopted some sort of code of conduct, many of them referring to principles derived from ILO standards. While these codes are no substitute for binding international instruments, they play an important role in helping to spread the principles contained in inter- national labour standards.

The ILO can play an important role in CSR through two main reference points: the ILO Declaration on Fundamental Principles and Rights at Work (1998) and the Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy (the “MNE Declaration”), a revised version of which was adopted by the Governing Body in 2017 in response to new economic realities, and particularly the increase in inter- national investment and trade, and the growth in global supply chains. This revision reinforced the MNE Declaration through the inclusion of principles addressing specific aspects of decent work, such as social security, forced labour, the transition from the informal to the formal economy, wages, the access of victims to remedies and compensation. It also contains guidance on the process of “due diligence” for the achievement of decent work, the creation of decent jobs, sustainable enterprises, more inclusive growth and an improved sharing of the benefits of foreign direct investment which are particularly relevant to the achievement of Sustainable Development Goal (SDG). Moreover, many initiatives that promote inclusive, responsible and sustainable enterprise practices make reference to ILO instruments, including the Guiding Principles for Business and Human Rights: Implementing the United Nations “Protect, Respect and Remedy” Framework, the United Nations Global Compact and the OECD Guidelines for Multinational Enterprises. 

In 2009, the ILO launched a Helpdesk that provides constituents and enterprises with easy access to information, assistance, referral and advice regarding CSR and the implementation of labour standards with a view to aligning enterprise practices with international labour standards.

Other International Organizations

The ILO Declaration on Social Justice for a Fair Globalization  emphasizes that other international and regional organizations with mandates in closely related fields can make an important contribution, especially through the objectives of the Decent Work Agenda. Other international institutions regularly use international labour standards in their activities. Reports on the application of international labour standards are regularly submitted to the United Nations human rights bodies and other international entities. International financial institutions (IFIs), such as the World Bank, Asian Development Bank and African Development Bank (AfDB), have integrated certain aspects of labour standards into some of their activities. For example, in 2013 the AfDB introduced into its environmental and social safeguards policy an operational safeguard on labour conditions and safety and health (Operational safeguard 5), setting out the requirements of the AfDB in relation to its borrowers and clients, which makes explicit reference to ILO international labour standards. In so doing, the AfDB joins other international donors which have adopted similar approaches in their safeguards policy or other strategy documents, including: the World Bank in its Poverty Reduction Strategy Papers process and Performance Standard 2 of the International Finance Corporation (IFC) (part of the World Bank Group), which recognizes that the pursuit of economic growth through employment creation must also comply with the protection of the basic rights of workers. Moreover, international labour standards have a direct impact on such globalized sectors as maritime transport. They are used not only for the design of national maritime legislation in member States, but also as a reference for inspections of ships by port States, and have a direct effect on the regulations and codes of other international organizations, such as the International Maritime Organization.

Free trade agreements

A growing number of bilateral and multilateral free trade agreements, as well as regional economic integration arrangements, contain social and labour provisions related to workers’ rights. Indeed, the number of free trade agreements with labour provisions has increased significantly over the past two decades: 70 trade agreements included labour provisions in 2016, compared with 58 in 2013, 21 in 2005 and four in 1995. (Note 1) Free trade agreements increasingly refer to ILO instruments in their labour clauses, and particularly the Declaration on Fundamental Principles and Rights at Work (1998) and, in the case of recent European Union agreements, also to ILO Conventions. Since 2013, 80 per cent of the agreements which have entered into force contain such clauses, starting with the agreements involving the European Union, the United States and Canada. However, such clauses made their appearance very early. For example, in the context of the European Union, the special incentive arrangement for sustainable development and good governance (the Generalized System of Preferences/GSP+) provides additional benefits for countries implementing certain international standards in relation to human and labour rights. Since the North American Free Trade Agreement (NAFTA) was signed in 1992 and was supplemented in 1994 by the North American Agreement on Labour Cooperation (NAALC) (this agreement was completely renegotiated in October 2018), several free trade agreements have been signed by the United States with countries such as Chile, Jordan, Republic of Korea, Morocco, Singapore and Central American countries. In these agreements, the signatory countries reaffirm their commitment to the ILO, and particularly to the respect and promotion of the ILO Declaration on Fundamental Principles and Rights at Work. More recently, the free trade agreement between Japan and the European Union, signed in 2017, makes reference to the Decent Work Agenda and the ILO Declaration on Social Justice for a Fair Globalization (2008) as standards that are binding on the parties, which should also endeavour to ratify the eight fundamental ILO Conventions. The agreement also contains clauses on corporate social responsibility with references to the MNE Declaration.

Civil society

Advocacy groups and non-governmental organizations draw on international labour standards to call for changes in policy, law or practice.

The role of employers' and workers' organizations

Representative employers’ and workers’ organizations play an essential role in the international labour standards system, not only as users of the system, but also as constituents of the Organization. They participate in choosing subjects for new ILO standards and in drafting the texts, and their votes determine whether or not the International Labour Conference adopts a newly drafted standard. If a Convention is adopted, employers and workers can encourage a government to ratify it. If the Convention is ratified, governments are required to report periodically to the ILO on how they are applying it in law and practice (the same applies to Protocols). Government reports must also be submitted to the most representative employers’ and workers’ organizations, which may comment on their content. Employers’ and workers’ organizations can also supply information on the application of Conventions directly to the ILO under article 23(2) of the ILO Constitution. They can initiate representations under article 24 of the ILO Constitution. As constituents of the Organization, they also participate in the tripartite committees set up to examine representations. Moreover, an Employer or Worker delegate to the International Labour Conference can also file a complaint under article 26 of the Constitution. If a member State has ratified the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144), as 145 countries had done on 1st January 2019, it is required to hold national tripartite consultations on proposed new instruments to be discussed at the Conference, the submission of instruments to the competent authorities, reports concerning ratified Conventions, measures related to unratified Conventions and to Recommendations, and proposals regarding the denunciation of Conventions.

Conclusion

Most of the labor legislations in India are before independence. The Fundamental Rights of the Constitution for providing safeguards to labors. Although most of the pre – constitutional labor legislations have been revoked or curtailed following the Doctrine of Severability and Doctrine of Eclipse, but not a lot of changes had been made to the labor legislation which were came before the adoption of Constitution. The achievement of these labor laws must be credited to the ILO. The ILO guidelines provided basic principles on which most of labor legislations were drawn. By observation on various amendments and enactments in labor laws it can be easily seen that the ILO have a countless impact on the Indian Labor Laws. A large number of laws were passed to incorporate the guidelines of the resolutions of the ILO. All these revised and ratified legislations create provisions for the common welfare and protection of importance of the Indian labors. The constructive effect of ILO is seen in form of appreciation of many new kinds of rights that were previously not available for the Indian labor class, but were made available after creation of ILO.