International Labour Standards and India

International Labour Standards (ILS) are a set of globally accepted principles, conventions, and recommendations established by the International Labour Organization (ILO) to promote decent work, protect workers’ rights, and ensure fair and humane conditions of employment across nations. These standards serve as a universal framework guiding labour legislation, industrial relations, and social protection policies worldwide.
India, as a founding member of the ILO since 1919, has actively participated in shaping and implementing international labour standards. The country’s labour policies, legislation, and institutional mechanisms have evolved significantly under the influence of ILO conventions and recommendations, while adapting them to its socio-economic realities.

Background: International Labour Organization (ILO) and Labour Standards

The International Labour Organization (ILO), established in 1919 as part of the Treaty of Versailles, is a tripartite UN agency that brings together governments, employers, and workers to promote social justice and internationally recognised labour rights.
The ILO formulates International Labour Standards through conventions (legally binding treaties) and recommendations (non-binding guidelines). Once adopted by the International Labour Conference, member states can ratify these conventions and are then legally bound to implement their provisions through domestic laws and policies.

Types of International Labour Standards:

1. Conventions: Legally binding instruments upon ratification by member countries.
2. Recommendations: Provide guidance and are complementary to conventions.

Core Purpose:

• To uphold decent work, freedom of association, fair wages, occupational safety, and social security.

Core International Labour Standards

In 1998, the ILO adopted the Declaration on Fundamental Principles and Rights at Work, identifying eight core conventions representing fundamental labour rights. These core standards are grouped under four broad categories:

These conventions are considered fundamental human rights instruments, and all ILO member states, including India, are obliged to respect, promote, and realise them even if they have not ratified them.

India’s Relationship with International Labour Standards

India has been an active member of the ILO since its inception and has consistently supported the tripartite approach in labour policymaking. The ILO’s influence is reflected in India’s Constitution, labour laws, and institutional structures.

Constitutional Provisions:

The Directive Principles of State Policy (Part IV) of the Indian Constitution incorporate several principles aligned with ILO conventions:

• Article 39: Equal pay for equal work and protection of workers’ health.
• Article 41: Right to work, education, and public assistance.
• Article 42: Provision for just and humane working conditions and maternity relief.
• Article 43: Living wage and decent standard of life for workers.
• Article 23: Prohibition of forced labour.
• Article 24: Prohibition of child labour in hazardous industries.

Ratification Status of ILO Conventions by India

As of today, India has ratified 47 ILO conventions, including six of the eight core conventions.

Core Conventions Ratified by India:

1. C.29 – Forced Labour Convention, 1930
2. C.105 – Abolition of Forced Labour Convention, 1957
3. C.100 – Equal Remuneration Convention, 1951
4. C.111 – Discrimination (Employment and Occupation) Convention, 1958
5. C.138 – Minimum Age Convention, 1973 (ratified in 2017)
6. C.182 – Worst Forms of Child Labour Convention, 1999 (ratified in 2017)

Core Conventions Not Yet Ratified by India:

1. C.87 – Freedom of Association and Protection of the Right to Organise Convention, 1948
2. C.98 – Right to Organise and Collective Bargaining Convention, 1949

India has not ratified these two conventions due to concerns regarding the large informal sector, government employees’ restrictions on unionisation, and the need to maintain essential services.

Influence of ILS on Indian Labour Laws

India’s extensive labour legislation framework has evolved in alignment with ILO standards. Several key labour laws reflect the principles enshrined in ILO conventions:

These laws collectively uphold the spirit of ILO’s Decent Work Agenda, balancing worker protection with industrial growth.

India’s Participation in ILO Mechanisms

• India is a permanent member of the ILO Governing Body, the executive organ that sets ILO policies.
• It participates regularly in the International Labour Conference (ILC).
• The Ministry of Labour and Employment serves as the nodal body for liaising with the ILO.
• India hosts an ILO Decent Work Technical Support Team (DWT) and Country Office for South Asia in New Delhi.
• Tripartite representation through the Indian Labour Conference (ILC) and Standing Labour Committee (SLC) reflects ILO’s model of tripartism.

Challenges in Implementing International Labour Standards in India

Despite strong legal and institutional frameworks, India faces challenges in full implementation due to structural and socio-economic factors:

1. Large Informal Sector: Over 80 per cent of India’s workforce operates outside formal employment, making enforcement of labour laws difficult.
2. Multiplicity of Labour Laws: Overlapping provisions across numerous labour laws have historically created compliance complexity.
3. Enforcement Weakness: Limited inspection capacity and administrative inefficiencies hinder effective monitoring.
4. Industrial Relations Issues: Low unionisation rates and constraints on collective bargaining in certain sectors.
5. Child and Forced Labour Persistence: Although declining, instances remain in informal industries.
6. Gender Inequality: Despite progress, gaps remain in wages and labour force participation.

Reforms and Alignment with International Standards

India has undertaken significant reforms to modernise and consolidate its labour legislation, aligning more closely with ILO standards.

1. Labour Codes (2019–2020):

The Government of India consolidated 29 central labour laws into four comprehensive codes:

• Code on Wages, 2019
• Industrial Relations Code, 2020
• Social Security Code, 2020
• Occupational Safety, Health and Working Conditions Code, 2020

These codes promote simplification, universal coverage, and enhanced compliance while integrating many principles of ILO conventions such as fair wages, social security, safety, and collective dialogue.

2. Child Labour Reforms:

Ratification of Conventions C.138 and C.182 in 2017 and amendments to the Child Labour (Prohibition and Regulation) Act to strengthen enforcement.

3. Gender Equality Measures:

Reinforcement of equal pay provisions and expansion of maternity benefits under the Maternity Benefit (Amendment) Act, 2017.

4. Social Protection and Welfare:

Schemes such as Atal Pension Yojana, PM Shram Yogi Maandhan (PM-SYM), and e-Shram Portal expand social security coverage to informal sector workers, in line with ILO’s social protection goals.

India’s Approach to ILS: Balancing Flexibility and Compliance

India’s position on international labour standards reflects a balance between commitment to social justice and economic flexibility.

• It selectively ratifies conventions consistent with national circumstances.
• Prefers a progressive and incremental approach to align domestic laws with international norms.
• Emphasises the need for context-sensitive implementation given the diversity of its workforce and development priorities.