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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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