Syllabus: GS3/Economy
Context
- Tea plantation workers in West Bengal have raised issues of labour rights violations with the International Labour Organization (ILO) by invoking Article 24 of the provisions.
About
- Concerns of Workers: They have alleged systemic labour rights violations despite India’s ratified conventions.
- They cite starvation deaths, severe malnutrition, non-payment of wages and dues, lack of minimum wage and discrimination against women and Adivasi workers.
- The Article 24 enables industrial associations of employers or workers to file a representation against any member state that has failed to secure the effective observance of a ratified ILO convention within its jurisdiction.
- A three-member tripartite committee of the Governing Body may be set up to examine the representation and the government’s response.
- The report that the committee submits to the Governing Body sets out the legal and practical aspects of the case, examines the information submitted and concludes with recommendations.
International Labour Standards
- Since 1919, the International Labour Organization has maintained and developed a system of international labour standards.
- International labour standards are legal instruments drawn up by the ILO’s constituents (governments, employers and workers) and setting out basic principles and rights at work. They are either:
- Conventions and Protocols, which are legally binding international treaties that may be ratified by member States, or recommendations, which serve as non-binding guidelines.
- Once a standard is adopted, member States are required under article 19(6) of the ILO Constitution, to submit it to their competent authority within a period of twelve months for consideration.
- If it is ratified, a Convention generally comes into force for that country one year after the date of ratification.
- Ratifying countries undertake to apply the Convention in national law and practice and to report on its application at regular intervals.
- Technical assistance is provided by the ILO, if necessary.
- Representation and complaint procedures can be initiated against countries for violations of a Convention that they have ratified.
International Labour Organisation (ILO)
- It is an United Nations Agency established in 1919 as part of the Treaty of Versailles that ended World War I, and it became the first specialized agency of the UN in 1946.
- India became a founding member of the ILO in 1919, even before gaining independence.
- It has 187 Member states.
- It sets labour standards, develops policies and devises programmes promoting decent work for all women and men.
- It is the only tripartite U.N. agency that brings together governments, employers and workers.
- It is headquartered inGeneva, Switzerland.
Labour Laws in India
- The Government of India has announced the implementation of the four Labour Codes with effect from 2025 rationalising 29 existing labour laws:
- Code on Wages, 2019: Regulates wages, bonus payments, and equal remuneration.
- Industrial Relations Code, 2020: Deals with trade unions, employment conditions, layoffs, and dispute resolution.
- Code on Social Security, 2020: Merges laws on provident funds, pensions, insurance, maternity benefits, and gratuity.
- Occupational Safety, Health and Working Conditions Code, 2020: Consolidates regulations on safety, working hours, health, and welfare.
- Labour laws in India apply to both organized and unorganized sectors, although enforcement in the unorganized sector remains a challenge.
- Enforcement agencies include the Ministry of Labour and Employment, state labour departments, and specific boards (e.g., EPFO, ESIC).
Source: DTE
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