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Unit 2: ILO and its Contribution in Labour Welfare and Social Security

making interference. It is presumably due to this reason that the Constitution of ILO makes Notes
room for the application of Conventions by collective agreements. However, in many cases, it
is very difficult for the competent national authority to enforce the provisions of a Convention
on the parties without destroying their freedom to bargain collectively, which ultimately means
involving still wider problems of industrial relations.
This is particularly true in cases where collective agreements provide for standards higher then
those established by the Conventions. Moreover, even when the competent national authority
succeeds in persuading the parties to enter into agreement in accordance with the provisions of
a Convention, there is still the problem of ensuring the acceptance of obligation for a substantial
period of time as many terms of collective agreements are changed at frequent intervals. Besides,
the levels at which collective agreements are reached (for example, plant, industry, region, and
others) also create further difficulties.

2.8.4 Industrially Backward Countries

Economically and industrially backward countries have generally very poor labour standards
and they often find it very difficult to bring about any immediate improvement in the same.
Although the International Labour Conventions which create only minimum standards, are
adopted after a thorough investigation and with due regard to the stages of economic and
industrial development of different member states. The standards so established often seem
burdensome to many extremely poor and economically backward countries. These countries
find it very difficult to ratify Conventions prescribing high labour standards. The ratification of
Conventions which are in keeping with the prevailing labour standards does not involve many
difficulties.
ILO has started giving more attention to the labour matters in the developing countries and
special target groups of workers, such as child and woman labour and workers in unorganised
and rural sectors. Its role in providing technical co-operation, encouragement to workers and
employers' organisations in the formulation and implementation of labour policy and provision
of training, has considerably expanded.

2.9 International Labour Standards and India

Core-Conventions

1. Freedom of Association (No. 87) and Right of Collective Bargaining (98)

2. Elimination of all forms of forced or compulsory labour (29,105)
3. Effective abolition of child-labour (138)
4. The elimination of discrimination in respect of employment and occupation (100, 111)
5. It does not link ILS with trade

(a) There is sound justification for international labour standards. Normatively, their
desirability is never in doubt. The controversy is about the means of their
enforcement, particularly the arguments concerning the attempted linkage between
certain core labour standards and international standards.
(b) Thus, the question is not whether international labour standards should be
implemented. The question is whether the countries and companies that continue to
pursue competitive advantage through the violation of Fundamental Rights should
be punished through some sort of linkage with trade. Employers in several developed

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