The International Labour Organization (ILO) is a UN specialized agency which seeks the promotion of social justice and internationally recognized human and labour rights. The ILO was founded in accordance with Part XIII of the Treaty of Versailles, commonly called the Labour Section on April 19, 1919, by the Peace Conference as an autonomous body associated with the League of Nations. It became the first specialized agency of the United Nations in 1946. In fact, ILO is the only international organisation that survived the Second World War even after the dissolution of its parent body ‘the League of Nations’. 187 Conventions and recommendations on social and labour issues have been adopted since 1919. ILO Headquarters are located in Geneva, Switzerland. Being an original signatory of the treaty of peace, India became a member of ILO in 1919.
Objectives of ILO:
The main object of the International Labour Organization is to make the world know that world peace is subject to be affected by the unjust conditions of its labour. Thus, ILO deals with international labour problems. The ILO has the following principle strategic objectives:
- to promote and realize standards and fundamental principles and rights at work;
- to create greater opportunities for women and men to secure decent employment;
- to enhance the coverage and effectiveness of social protection for all;
- to strengthen tripartism and social dialogue.
These objectives are realized in a number of ways:
- formulation of international policies and programmes to promote basic human rights, improve working and living conditions, and enhance employment opportunities;
- creation of international labour standards in the form of Conventions and Recommendations, backed by a unique system to supervise their application;
- an extensive programme of international technical cooperation;
- training, education, research, and publishing activities to help advance all of these efforts.
The objectives of the ILO were redefined at the Philadelphia conference in 1944. This was termed as “Declaration of Philadelphia”. The following 10 objectives were enunciated at the Philadelphia Conference.
- Full employment and the raising of standards of living.
- Employ workers on jobs for which they have adequate skill and satisfaction to work.
- Provide training and development facilities to achieve the above objective.
- Provide due share of profit as compensation to ensure a minimum level of living standard to all employed and protection as and when needed.
- Accept collective bargaining as a right of workers and a means of improving productivity between employees and management.
- Extend social security measures to provide a basic income to all in need and also medical cover.
- Protect the life and health of workers in all occupations.
- Provision for child welfare and maternity protection.
- Provide adequate nutrition, housing, and facilities for recreation and culture.
- Provision for quality education and vocational opportunity.
Membership of ILO:
The procedure for becoming a Member of the the International Labour Organization differs depending on whether the State is, or is not, a member of the UN. States wishing to become Members of the ILO should also consider ratifying or accepting the 1986 and 1997 Instruments of Amendment to the Constitution. A model letter of ratification or acceptance on an Instrument of amendment to the Constitution is included at Annex 3.
If the State is a member of the UN:
According to Article 1 para 3 of the Constitution of the ILO, a State which is a member of the UN may become a Member of the ILO by communicating to the Director-General of the International Labour Office its formal acceptance of the obligations of the Constitution of the International Labour Organisation.
If the State is not a member of the UN:
According to article 1 para 4 of the Constitution of ILO, States who are not members of the UN may be admitted after a vote taken in the International Labour Conference. Two thirds of the delegates attending the Conference must vote in favour, including two-thirds of the Government delegates present and voting. The admission of the new Member takes effect on the communication to the Director-General by the government of its formal acceptance of the obligations of the Constitution.
The membership of ILO has increased from 45 in 1919 to 187 at present.
Withdrawal from Membership:
According to article 1 para 5 of the Constitution of ILO, No Member of the International Labour Organization may withdraw from the Organization without giving notice of its intention so to do to the Director-General of the International Labour Office. Such notice shall take effect two years after the date of its reception by the Director-General, subject to the Member having at that time fulfilled all financial obligations arising out of its membership. When a Member has ratified any international labour Convention, such withdrawal shall not affect the continued validity for the period provided for in the Convention of all obligations arising thereunder or relating thereto.
Readmission:
According to article 1 para 6 of the Constitution of ILO, in the event of any State having ceased to be a Member of the Organization, its readmission to membership shall be governed by the provisions of paragraph 3 or paragraph 4 of Article 1 as the case may be.
Organs of ILO and Their Functions:
According to Article 2 of the Constitution of ILO, the permanent organization shall consist of:
- a General Conference of representatives of the Members;
- a Governing Body composed as described in article 7; and
- an International Labour Office controlled by the Governing Body.
General Conference of representatives of the Members:
Composition of General Conference of representatives of the Members:
The General Conference of representatives of the Members is often called an international parliament of labour, the Conference establishes and adopts international labour standards and is a forum for discussion of key social and labour questions. It also adopts the Organization’s budget and elects the Governing Body.
Each member State is represented by a delegation consisting of two government delegates, an employer delegate, a worker delegate, and their respective advisers. Many of the government representatives are cabinet ministers responsible for labour affairs in their own countries. Employer and Worker delegates are nominated in agreement with the most representative national organizations of employers and workers. Thus The General Conference of representatives of the Members have 50% members representing the respective States, 25% representing workers and employee each.
Functions of General Conference of representatives of the Members:
- Formulate international labour standards.
- Fix the amount of contribution to be paid by the member states.
- Decide the budget and submit the same to the Governing Body.
- Study the labour problems submitted by the Director-General and assist in their solutions.
- Appoint committees to deal with different problems during their sessions.
- Elect the president.
- Select members of the Governing Body.
- Develop policies and procedures.
- Seek an advisory opinion from the International Committee of Justice.
- Confirm the powers, functions, and procedure of Regional Conference.
Governing Body:
It is also a tripartite body. It implements decisions of the ILC with the help of the International Labour Organisation.
Composition of Governing Body:
The Governing Body consists of fifty-six person
- Twenty-eight representing governments,
- Fourteen representing the employers, and
- Fourteen representing the workers.
The period of office of the Governing Body is three years.
The Governing Body from time to time, elect from its number a chairman and two vice-chairmen, of whom one shall be a person representing a government, one a person representing the employers, and one a person representing the workers.
Functions of Governing Body:
- Co-ordinate work between the ILC and ILO.
- Prepare agenda for each session of the ILC.
- Appoint the Director-General of the office.
- Scrutinize the budget.
- Follow up with member states in regard to implementation of the conventions and recommendations adopted by the ILC.
- Fix the date, duration, schedule, and agenda for the Regional Conferences
- Seek as and when required, an advisory opinion from the International Court of Justice with the consent of the ILC.
Director-General
A Director-General of the International Labour Office is appointed by the Governing Body, and, subject to the instructions of the Governing Body, shall be responsible for the efficient conduct of the International Labour Office and for such other duties as may be assigned to him. The Director-General or his deputy are supposed to attend all meetings of the Governing Body.
International Labour Office:
International Labour Office controlled by the Governing Body.
Composition of International Labour Office:
The staff of the International Labour Office shall be appointed by the Director-General under regulations approved by the Governing Body. So far as is possible with due regard to the efficiency of the work of the Office, the Director-General shall select persons of different nationalities. A certain number of these persons shall be women.
Functions of International Labour Office:
- Prepare briefs and documents for agenda of ILC.
- Assist the Governments of the States to form labour legislation based on recommendations of the ILC.
- Bring out publications relating to industrial labour problems of international nature and interest.
- Carry out functions related to the observance of the conventions.
- Collect and distribute information on international labour and social problems.
Rights of Members:
Every delegate has the same rights, and all can express themselves freely and vote as they wish. Worker and employer delegates may sometimes vote against their government’s representatives or against each other. This diversity of viewpoints, however, does not prevent decisions being adopted by very large majorities or in some cases even unanimously.
Obligations of Members of ILO:
Financial Obligations of Member States:
Article 13 of the Constitution sets out the financial and budgetary arrangements of the the International Labour Organization. These provisions are supplemented by the Financial Regulations of the ILO which were adopted by the International labour Conference at its 29th session in 1946 and are amended from time to time. The financial contribution to be made by a new Member to the budget of the Organization is decided by the International Labour Conference upon its review of proposals made by the Governing Body. The proposal is based on the UN rate of contribution. The assessment is expressed in terms of a percentage of the total budget. The amount of cash contribution to be paid annually depends, first, on this percentage assessment, second, on the overall level of the budget which is approved by the Conference and third, on the date at which the new Member becomes a member of the Organization.
Constitutional Obligations (Tripartism):
Tripartism Pursuant to article 3 of the Constitution, Members accept to send tripartite delegations of representatives to meetings of the International Labour Conference. The delegation must include two Government delegates, as well as one representative each of the employers and workers in the country. The government, employer and worker delegates act in full independence of one another and, in particular, vote individually (see article 4 of the Constitution). The employers’ and workers’ delegate must be chosen in agreement with the industrial organizations which are most representative of employers and workers, respectively, in their countries.
Constitutional Obligations (Ratification):
Conventions and Recommendations Member States of the ILO are strongly encouraged but not required to ratify the Conventions adopted by the International Labour Conference. Article 19 of the Constitution of the ILO requires that when a new Convention or Recommendation is adopted by the Conference, all Members must bring the instrument before the relevant national authorities within one year of the closing session of the Conference during which the Convention was adopted for consideration of ratification and related action. The Member must then report to the Director-General of the International Labour Office on the measures taken to bring the instrument before the relevant domestic authorities, and of any actions taken by those authorities.
Obligations of Members to Ensure Effective Consultation:
States must place into operation procedures to ensure effective consultations with representative organisations of workers and employers at least once a year, on specific ILO-related matters. State must provide administrative support, and financing of necessary training. Decide if an annual report is necessary. Workers and Employee representatives shall be freely chosen by representative orgs and participate on an equal footing
Functions of ILO:
The main functions of the ILO are the following:
- Creation of coordinated policies and programs directed at solving social and labour issues
- Assistance to member-states in solving social and labour problems;
- Human rights protection (the right to work, freedom of association, collective bargaining, protection against forced labour, protection against discrimination, etc.)
- Research and publication of works on social and labour issues.
- The basis of the ILO is the tripartite principle, i.e. the negotiations within the Organization are held between the representatives of governments, trade unions, and member-states’ employers.
Conclusion: