History (1-3) Flashcards
7 principles of labour law
- form associations or unions
- collective bargaining
- economic struggle is inevitable bc workers would agitate for better conditions
- laissez faire to welfare state
- tripartite consultations (EE, ER, and govt)
- state not neutral but protects social good
- minimum standards thru state leg
when did tripartism become imp
“nanda-period” in 1957
chief instruments of tripartism in 1957
annual labour conferences and the standing Labour Committees
first social security legislation
Workmen’s Compensation Act, 1923
objectives of industrial adjudication
industrial peace and economic justice
guiding principles of industrial adj
- public interest
- industrial harmony and goodwill
- development of industrial justice
- expert assistance
- socio-economic effects
- reference to facts and circumstances
- judicial manner
- expediency
- acceptability of decisions
- natural justice
PUDR v. UoI
The Supreme Court used expressions “bonded labour” and “forced labour” in Article 21 to “right to live with human dignity”. The rights and benefits guaranteed to the labourers under various labour laws were made parts of basic Human Dignity and raised to the status of Fundamental Rights.
formation of ILO
1919
how many ilo conventions has india ratified
47, and 6 core conventions
how many member states in ilo
187
structure of ilo
IL con - standards and practices
Gov body - executive and financial
IL Office - permanent secretariat
+ tripartite committees and experts
ratified core conventions
29 - forced labour
105 - abolition of forced labour
100 - equal remun.
111 - discimination (employment occupation)
138 - minimum age
182 - worst forms of Child Labour
core conventions not ratified by india and why
87 - FoAssoc and Protection of RT Organise
98 - RT Organise and Collective Bargaining
The main reason for non-ratification of ILO Conventions No.87 & 98 is due to certain restrictions imposed on the Government servants. As communicated by Department of Personnel & Training (DOPT), the ratification of these conventions would involve granting of certain rights that are prohibited under the statutory rules, for the Government employees, namely, to strike work, to openly criticize Government policies, to freely accept financial contribution, to freely join foreign organizations etc.
ILO 169
Indigenous and Tribal People Convention, not ratified by India
other ratified conventions
hours of work, unemployment, night work (women) and night work of young persons (industry), all signed in 1919 and ratified in 1921
