Page 50 - DMGT516_LABOUR_LEGISLATIONS

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

Notes
(Punjab) to have an agreement similar to the one in Sialkot, Pakistan, concerning the
abolition of child labour in the manufacture of sports goods.
Social Clauses Indian Constitutional/Legislations
1. Freedom of Association (87) Not ratified
Right to C.B. – (98) Fundamental Rights
Trade Unions Act, 193
2. Forced Labour Convention and its gradual India has ratified 29 but not 105.
abolition 29 and 105 Art, 23 of the Constitution
Bonded Labour System (Abolition)
Act 1976
3. Equal Remuneration Convention (100). No Indian Constitution
discrimination on the basis of sex. Has to be Equal Remuneration Act – 1976
only on skill, efforts, responsibility and
working conditions
4. Discrimination Indian Constitution denounces
(Employment and Occupation) discrimination and encourages
Convention – 1958 (iii) – Social Justice preferential treatment to certain class
5. Minimum Age Convention 1973 – (138) – 15 Child Labour (Panda) Act – 1986
years – 18 years prohibits – 14 years – Factory Act – 18
Years
6. Convention 182 – Immediate action on worst
forms of Child Labour
India has advocated the promotion of labour standards within the framework of the ILO
Constitution. It has consistently opposed the proposals to link labour standards and trade
through 'social labelling,' etc. The Non-aligned Countries Summit organised by the Labour
Minister of India at New Delhi adopted a resolution to this effect. All the three social
partners – Government, employers' organisations and national trade union centres
belonging to different persuasions – are all united against the linkage of international
standards with trade (for statements of different social partners see: IIRA/FES, 1996) for
familiar reasons that are articulated in most developing countries throughout the world:
commitment to ILO's pillars of voluntarism, tripartitism and free choice of social partners.
Mandatory imposition of labour standards, by whatever name they may be called,
contravenes Article 19(3) of the ILO Convention. All the social partners in India stand for
upgrading labour standards. But they are against linkages which put artificial and patently
motivated barriers against (competition from) India and other developing countries.
A national consultation on international labour standards where several non-governmental
organisations and national trade union centres participated made a proposal with the
following four components (CEC, 1996):

1. Reject the labour rights-WTO linkage.
2. Uphold the principles of universal labour rights and the need for evolving structures
to monitor the enforcement of labour rights.

3. Set up a UN Labour Rights Commission as an alternative.
4. Establish, at the national level, a powerful National Labour Rights Commission to
monitor and enforce labour rights.

Question
Analyse the case.

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