Page 47 - DMGT516_LABOUR_LEGISLATIONS

Labour Legislations

Notes to implement them either wholly or partly, through legislative or other appropriate
administrative measures, and still have not ratified those Conventions. Therefore, it is appropriate
to examine the difficulties which some of the Member states experience in formally ratifying
these Conventions. These Member countries may, for the sake of convenience, be grouped
under the following heads:
1. Countries with higher labour standards;
2. Countries having a federal set-up;
3. Countries where the subject matters of the Conventions are regulated by collective
agreements;
4. Industrially backward countries.

2.8.1 Countries with Higher Labour Standards

Countries having standards of labour higher than those envisaged under International Labour
Conventions, experience a special problem of ratification. In such countries, acceptance of
Conventions prescribing standards lower than the existing ones may involve considerable
political effort. It is feared that the approval given to lower minimum standards will impair the
authority of the higher national standard. In cases where ratification of a Convention necessitates
a change in the law of the land, legal difficulties are also encountered.
Although the ratification of an International Labour Convention does not imply undermining
of the higher national standards, many countries have experienced the above-mentioned
difficulties in accordance with formal ratification to many of the Conventions. Attempts have,
however, been made to remove these difficulties by providing "no prejudice" clause in the
Conventions and other measures. Nevertheless, the number of ratifications of the Conventions
in many countries (with a few exceptions) having comparatively higher labour standards, still
continues to be small.

2.8.2 Countries having a Federal Set-up

The application of Conventions by countries having a federal set-up also involves difficulties
owing to the division of the legislative and executive authorities between the federal government
and the constituent units. The national authority, which is immediately expected to pursue the
implementation of the provisions of a Convention, finds itself constitutionally handicapped, as
in many cases, the subject falls under the jurisdiction of the constituent units.

The extent of such a difficulty, however, varies from country to country depending upon variations
in the distribution of the authority between the federal government and the federating units.
Where constituent units have been given comparatively greater autonomy, ratification of
Conventions becomes more difficult. On the whole, the number of ratifications of Conventions
by federal states has been small. It is on account of these reasons that the Constitution of ILO
imposes certain additional obligations on the federal states in regard to ratification of
Conventions.

2.8.3 Countries where Subject-matters of Conventions are Regulated by
Collective Agreements

In some countries having highly developed industrial organisations, many issues forming the
subject matters of International Labour Conventions are traditionally decided by collective
agreements between the employers and trade unions and the State deliberately refrains from

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