International Labour Standards:

An Introduction
 Course Objectives
To understand what international labour
standards (ILSs) are; and how they are
created and supervised
To introduce the ILO Fundamental (Core)
Conventions
To introduce the principles of universality
and flexibility of ILSs
To outline the use and application of ILSs
The ILO
The ILO Structure
 ILO and ILS
International Labour Organization
maintains and develops a system of
international labour standards (ILSs)
ILS are aimed at promoting opportunities
for women and men to obtain decent
and productive work in conditions of
freedom, equity, security and dignity.
The ILO asserts that international labour
standards are essential component for
ensuring that the growth of the global
economy provides benefits to all.
 But
what are international labour standards?
How are they created; applied; and
supervised?
International Labour Standards
(ILS)
ILSs are legal instruments drawn up by
the ILOs constituents (governments,
employers and workers) setting out basic
principles and rights at work.
ILSs take two forms:
conventions, which are legally binding
international treaties that may be ratified by
member states,
recommendations, which serve as non-
binding guidelines.
 Conventions and
Recommendations
In many cases, a convention lays down the
basic principles to be implemented by
ratifying countries, while a related
recommendation supplements the
convention by providing more detailed
guidelines on how it could be applied.
Recommendations can also be autonomous,
i.e not linked to any convention.
 How are ILSs made?
International labour standards (both
conventions and recommendations) are
drawn up by representatives of
governments, employers and workers and
are adopted at the ILOs annual
International Labour Conference.
Once adopted, a standard is to be
submitted by the member states are to
their competent authority (normally the
parliament) for consideration; in the case of
convention for ratification.
 Ratification of Conventions

Ratification of ILO conventions are

voluntary.
Ratification is a formal procedure
whereby a state accepts the convention
as a legally binding instrument. A
country is subject to the ILOs regular
supervisory system responsible for
ensuring that ratified conventions are
applied.
Lets look at two special categories of ILSs
Fundamental (Core Conventions)
Priority Conventions
ILO Fundamental (Core)
Conventions
Eight ILO conventions (covering four
labour standards known as the
Fundamental (or Core) Labour
Standards) - are designated as
Fundamental.
They are legally binding upon members
by virtue of membership in the ILO,
regardless of ratification.
They came into being through the 1998
ILO Declaration on Fundamental
Principles and Rights at Work
 ILO Core Conventions
These 8 conventions (4 standards) are:
freedom of association (Conv. No. 87) and
the effective recognition of the right to
collective bargaining (Conv. No. 98);
the elimination of all forms of forced or
compulsory labour (Conv No. 29 and 105);
the effective abolition of child labour (Conv.
No 138, 182); and
The elimination of discrimination in respect
of employment and occupation (Conv. No.
100, 111).
Ratification of the Core
Conventions
There are currently over 1,290 ratifications
of these conventions,
This represents 88.5% of the possible
number of ratifications.
 Priority Conventions
Four ILO Conventions (covering 3
standards) are designated as priority
instruments because of their importance to
the functioning of the international labour
standards system.
They cover:
Labour Inspection (No. 81 and No 129 for
Agriculture)
Tripartite Consultation Government, Employers
organizations and Workers organizations (No.
144)
Employment Policy (No. 122)
 Renaming of Priority
Conventions

Since 2008, these conventions are now

referred to as Governance conventions
as they were identified by the
ILODeclaration on Social Justice for a Fair
Globalizationas the standards that are the
most significant from the viewpoint of
governance.
 Subjects of International standards
Freedom of Association,
Wages
Collective Bargaining, and
Industrial Relations Working Time
Occupational Safety and
Elimination Forced Labour
Health
Abolition of Child Labour and
Protection of Children and Young
Social Security
Persons Maternity Protection
Equality of Opportunity and Social Policy
Treatment Migrant Workers
Tripartite Consultation Seafarers
Labour Administration and Fishermen
Inspection Dockworkers
Employment Policy and Indigenous and Tribal Peoples
Promotion Specific Categories of Workers
Vocational Guidance and Training
Employment Security
 How are ILS created?

It all starts from a growing international

concern on which action is needed to be
taken,
for example providing working women with
maternity protection, or ensuring safe working
conditions for agricultural workers, etc.
ILS are developed through a unique
tripartite legislative process involving
representatives of governments, workers
and employers from around the world.
 Process of Creating ILS
Problem is identified; placed on the
agenda of a future International Labour
Conference (ILC); a report on the
problem is prepared and circulated
problem is discussed at the International
Labour Conference. comments taken
second report prepared for the following
Conference necessary amendments
made adoption by a two-thirds majority
of votes.
This double discussion gives
Conference participants sufficient time to
examine the draft instrument and make
The Process: Pictorially
Universality and Flexibility of
Standards
Standards are adopted by a two-thirds
majority hence are expression of
universally acknowledged principles.
standards are flexible enough to be translated
into national law and practice with due
consideration to members diversity (cultural
and institutional, legal, and economic).
For example, standards on minimum wages do not
set a specific universal minimum wage; it requires
each country to establish a system and the
machinery to fix minimum wage rates appropriate
to its level of development.
 Revisions and Withdrawals of
Conventions and Recommendations

At present there are 188 conventions and 199

recommendations, some dating back as far as
1919.
To maintain relevance of standards to todays
challenges, the ILO adopts revising conventions
that replace older ones, or protocols which add
new provisions to older conventions.
The International Labour Conference may also
approve the withdrawal of recommendations or
conventions which have not entered into force.
 Revisions of Standards
Between 1995 and 2002 the Governing
Body reviewed all ILO standards adopted
before 1985, the decision:
71 conventions including the fundamental and
priority conventions and those adopted after
1985 were designated as being up-to-date
and recommended for active promotion.
Of the remaining standards, some needed to be
revised, some had an interim status, some were
outdated, and some others require further
information and study.
In 1997 the ILO Constitution was amended
to allow abrogation of a convention in
force if recognized as obsolete by two-thirds
vote of delegates in International Labour
 The use and applications of ILSs

for drafting and implementing labour law in

conformity with internationally accepted
standards.
As sources of international law applied at the
national level (e.g. in courts to decide cases
on which national law is inadequate or silent)
As guideline for social policy such as
employment policies; social security
administration systems and for systems of
labour dispute resolution
In trade agreements to protect and/or
promote labour rights
As guides or principles for socially-
responsible enterprise practices
 Ratifications for India

Fundamental Conventions:4 of 8
Governance Conventions (Priority):3 of 4
Technical Conventions:38 of 177
Out of45Conventions ratified by India, of
which42are in force,4Conventions have
been denounced;nonehave been ratified in
the past 12 months.
This link contains India specific ratifications
Check this link for updated data (
http://www.ilo.org/dyn/normlex/en/f?p=NOR
MLEXPUB:11200:0::NO::
P11200_COUNTRY_ID:102691 )