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Unit 2: ILO and its Contribution in Labour Welfare and Social Security
The Conventions relating to social security ratified by India are: Workmen's Compensation Notes
(Occupational Diseases) Con.(No.18),1925, and Con.(No.42),1934, Equality of Treatment (Accident
Compensation) Con.(No.19), 1925 and Equality of Treatment (Social Security) Con.(No.111),
1962. The provisions of Conventions Nos. 18 and 19 have been incorporated in the Workmen's
Compensation Act, 1923 and Employees' State Insurance Act, 1948. The social security laws in
the country, for instance, Workmen's Compensation Act, 1923, Employees' State Insurance Act,
1948, Employees' Provident Funds and Miscellaneous Provisions Act. 1952 and the Payment of
Gratuity Act, 1972 embody the provisions of Con.(No. 111) of 1962. These laws do not make any
discrimination between nationals and foreigners relating to entitlement to social security benefits.
2.6.6 Industrial Relations
The relevant Conventions are: Right of Association (Agriculture) (No.11),1921, Freedom of
Association and Protection of the Right to Organize (No.87),1948, Right to Organize and Collective
Bargaining (No.98),1949, Collective Bargaining (No.154),1981, Rural Workers' Organisations
(No.141),1975 and Tripartite Consultations (International Labour Standards) (No.144),1975. The
Recommendations include: Collective Agreements (No.91), 1951, Voluntary Conciliation and
Arbitration (No.92), 1951, Collective Bargaining (No.163),1981, Consultation (Industrial and
National Levels) (No.I13),1960, and Co-operation at the Level of the Undertaking (No.94),1952.
Convention No.11 deals with the right of association of agricultural workers and requires the
ratifying countries to secure to all agricultural workers, the same right of association and
combination, as available to industrial workers. Convention No.87 lays down that workers and
employers shall have the right to establish and to join organisations of their own choosing
without any previous authorization. The organisations are to be left free to frame their
constitutions and rules, to form a scheme of administration and to formulate their programmes
and the public authorities are required to refrain from making any interference. It also affirms
their right to establish joint confederation and to affiliate with international organisations.
Convention No.98 deals with the principles of right to organize and bargain collectively. It
provides that workers should enjoy adequate protection against acts of anti-union discrimination
with respect to their employment and recommends the adoption of measures to encourage and
promote voluntary negotiations between employers and workers' organisations for regulating
terms and conditions of employment by means of collective agreements.
Recommendation Nos.91 and 92 deal with the creation of machinery for negotiating, conducting,
revising and renewing collective agreements, and provide for the establishment of machinery
to help in voluntary conciliation of industrial disputes. Recommendation No. 94 relates to
consultation and cooperation between employers and workers at the level of the undertaking,
primarily on matters of mutual interests which are not otherwise covered under collective
bargaining or dealt with the machinery created for the determination of terms and conditions of
employment.
Conventions relating to industrial relations ratified by India are: Right of Association
(Agriculture), 1921. Rural Workers Organisation Con., 1975, and Tripartite Consultation
Con.(No.144),1976. The provisions of Conventions Nos. 11 and 141 are included in the Trade
Unions Act., 1926. The contents of Con.(No.144),1976 have been included in the provisions of
labour laws providing for the constitution of tripartite bodies such as Wages Act, 1948, ESI Act,
1948, and also by non-statutory measures.
The Industrial Disputes Act, 1947 contains some provisions of a few unratified Conventions
includes: Collective Bargaining Con. (No.154),1981, Collective Agreements, Voluntary
Conciliation and Arbitration Rec.,1951, and Collective Bargaining.
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