Tsivasankaran
Consultant
Pvenu1953@gmail.com
Retired Government Servant/advocate

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While working on a case I came across the International Labour Standards and the provisions made there under. The International Labour Organization (ILO) is the global body concerned with all matters connected to work in the world. It is a specialized agency of the United Nations. Since 1919 it has been setting rules about employment in order to ensure that social justice, prosperity and peace for all develop along with economic progress. India, a Founding Member of the ILO, has been a permanent member of the ILO Governing Body since 1922.

Yet we Indians have no Idea about the international labour organisation or the standards prescribed by it.

“International labour standards - are legal instruments which define basic minimum standards in the world of work. They are drawn up by representatives of governments, employers and workers in a tripartite fashion and so represent the work-related principles of the major actors in the global economy. As instruments of law which can be ratified by governments the standards are part of the legal framework the international community is developing as it confronts the effects of globalization. But they also serve as guide posts for organizations, companies and individuals concerned with basic principles and rights at work.”.

See this Trade Union Laws, Registration, Returns & Procedure: International Labor Standards : Rights Of Workmen Irrespective Of Borders


Attached Files
File Type: pdf International Labor Standards.pdf (123.3 KB, 155 views)

ILO Standards per se is not binding on employers or employees. ILO sets standards. Some countries agree to be part. Then they need to get it passed in their legislation and make it a law and then and then only it is binding legally. I am not sure why a statement like we Indians are not aware of ILO is used by the author. No one in the world will know all provisions of law. We are reasonably aware of existence of ILO but need not know various standards. Probably we study what is important to us.
T Sivasankaran

India is part of ILO since 1922, now ILO in its last convention passes a resolution to implement trade sactions against member countries not following the standards. This is drawing its power from the International Charter of Human Rights and as we all know Supreme Court has held that if India is a signatory in any such conventions it has to follow and implement decisions of such resolution in the country.
Also ILO is coming with complaint cells where one can lodge a complaint if the Government of a member country is not implementing a standard. This will also help Indian who work outside India as this law protects all workmen.

That is precisely what I am also emphasising. If India is a signatory then the Government need to take initiative to implement. No Employer is responsible for the same just because India is a signatory. It is for the Government to initiate to convert the terms into legislation in India
Sivasankaran

In fact, we are not even aware of the provisions of the Constitution. That includes the public authorities.
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