INTRODUCTION

A specialized agency of the UN, the International Labour Organization (ILO) seeks to advance social justice and ethical work practices around the globe. International labor standards pertaining to employment, working conditions, and rights at work are established by ILO Conventions. As a founding member of the ILO, India has ratified a number of conventions, but it has not yet ratified others.

FUNDAMENTAL CONVENTION RATIFIED BY INDIA

India has ratified a significant number of ILO Conventions over the years. As of today, India has ratified 47 ILO Conventions, including 8 of the 10 fundamental conventions that deal with core labor standards that is again inclusive of core and technical conventions.

RATIFIED CONVENTIONS

India has ratified 47 ILO Conventions, however, out of those 47, there are 8 fundamental conventions.

• CONVENTION NO. 29: Forced Labour Convention¹

The said convention was ratified in the year 1954. It forbids the use of any kind of forced or mandatory labor, including any job or service that is demanded of a worker under threat of punishment and for which the worker has not voluntarily consented. By outlawing all types of contemporary slavery and human trafficking, this treaty establishes a universal norm for safeguarding employees from abusive and oppressive labor practices.

• CONVENTION NO. 87: Freedom of Association and Protection of the Right to Organize Convention²

The said convention was ratified in the year 1954, which ensures that employers and employees have the freedom to create and join the groups of their choosing without

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intervention from the government or employers. The convention is essential for fostering collective bargaining and workplace democracy.

• CONVENTION NO. 98: Right to Organize and Collective Bargaining Convention (1949)³

The said convention was ratified in the year 1954. In order to safeguard their rights and enhance their working circumstances, employees must be able to freely organize and bargain collectively with their employers, which is the main objective of Convention No. 98. It shields employees against reprisal, pressure, or interference from employers over trade union activity. By granting employees the legal ability to collectively negotiate terms and conditions of employment, including pay, working hours, and other workplace rights, it essentially fosters fair and balanced industrial relations.

• CONVENTION NO. 100: Equal Remuneration Convention⁴

The said convention was ratified in the year 1958. The motive behind this convention is to revoke gender biased discrimination at workplaces- I.e., Men and women should be paid equally for labor of similar value. It aims to:

1. Assure equal compensation for equal effort: Men and women should be paid equally for work that is identical or comparable.
2. Assure equal compensation for equal work: Regardless of a worker’s gender, they should all receive the same compensation for work that may differ in nature but is equally valuable to the employer in terms of skill, effort, responsibility, and working conditions.
3. In order to address systematic gender pay disparities and guarantee that women are not unjustly paid for their contributions to the workplace in comparison to their male colleagues, this convention was adopted.

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• CONVENTION NO. 105: Abolition of Forced Labor Convention⁵

This convention was ratified in the year 1958. Convention No. 105’s principal objective is to guarantee the total elimination of forced or compulsory labor, with an emphasis on ending circumstances in which people are compelled to work against their will, usually under fear of punishment or other types of coercion. As per the Convention, circumstances in which individuals are coerced into working by means of violence, threats, coercion, or manipulation can be classified as forced or compulsory labor. It lists a number of circumstances in which forced labor is forbidden. It enumerates certain conditions in which forced labor is prohibited, such as when it is used in conjunction with social, political, or economic coercion or when work is extracted under fear of punishment or penalty. The Convention stresses the need to eradicate forced labor in all spheres of society and expressly forbids it in situations like slavery, human trafficking, and bonded labor. The Convention’s definition places a strong emphasis on the forced or mandatory nature of the employment, and any type of labor that infringes upon an individual’s autonomy, choice, or permission is illegal by this international norm.

The convention recognizes that forced labor may be used in some circumstances, but only in the most extraordinary ones, like:

1. Compulsory Military Service for citizens.

2. Prison Labour, as per the legal frameworks of the country.

3. Work required in emergencies like war or natural disasters/calamities.

4. Certain forms of public service that are part of natural obligations.

• CONVENTION NO. 111: Discrimination (Employment and Occupation) Convention⁶

The said convention was ratified in the year 1960. Eliminating discrimination in employment and occupation is the main goal of Convention No. 111. Discrimination

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can take the form of unfair treatment, exclusion, or limitations that deny some groups opportunity in the workplace. Any distinction, exclusion, or preference based on factors such as race, color, sex, religion, political opinion, national extraction, or social origin that nullifies or impairs equality of opportunity or treatment in employment is considered discrimination in employment and occupation, according to the convention.

NON- RATIFIED CONVENTIONS

India has ratified several ILO agreements throughout the years and is a member of the International Labor Organization (ILO). Nonetheless, India has not ratified a number of ILO treaties. Because of their significance to Indian labor laws, economic policies, and social norms, several of these unratified conventions have sparked intense discussion.

• CONVENTION NO. 87: Freedom of Association and Protection of the Right to Organize (1948)⁷

The freedom of employers and employees to form and join groups of their own choosing, free from governmental intervention, is guaranteed by this treaty. Its goal is to advance collective bargaining and freedom of association.

The primary reason India has not ratified this convention is because of worries that it would clash with its current labor regulations. Particularly, given India’s intricate trade union structure, there are worries that the terms of this agreement may make it more difficult for current workers’ groups and trade unions to operate.

• CONVENTION NO. 138: Minimum Age (1973)⁸

This convention aims to guarantee that young people are not taken advantage of in the workplace and to set a minimum age for employment. It urges national legislation to stop child labor, with an emphasis on establishing a minimum age for employment and other types of labor.

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Because of its own complicated legislative frameworks pertaining to child labor that differ by area and kind of employment, India has not signed Convention No. 138. Even though India has regulations against child labor (such as the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986), there are still issues with how to deal with child labor in some industries. The ratification of this treaty may need major changes in a number of economic sectors where child labor may still be common, especially in small businesses and agriculture.

• CONVENTION NO. 182: Worst forms of Child Labor (1999)⁹

This convention guarantees that national laws offer the required protections and focuses on ending the most severe types of child labor, including child prostitution, slavery, and trafficking. There have been worries that ratifying this agreement would reveal certain weaknesses in India’s child labor laws, despite the country’s dedication to tackling the problem. Although India has pledged to end the most severe types of child labor, there are still issues with regulations being enforced in some industries, such as agricultural and domestic work.

• CONVENTION NO. 156: Workers with Family Responsibilities (1981)¹⁰

This convention seeks to guarantee that workers with family obligations, particularly women, have equal opportunities and are not subjected to discrimination in the workplace. Since it has not fully implemented rules for workers with family obligations, especially for women in the official and informal sectors, India has not signed this agreement. In India, work-family balance policies and support networks are still developing.

• CONVENTION NO. 122: Employment Policy (1964)¹¹

According to this agreement, governments must enact and carry out employment laws that support full and productive employment and provide every worker equal chances. Ratifying this convention can increase pressure for more reforms, as India’s

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employment regulations are frequently adapted to the local economic environment. Given the size of the informal sector in India, it is challenging to guarantee that the country’s quickly changing labor market can offer all residents fulfilling and fruitful work.