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u The International Labour Organization was created in
1919, at the end of the First World War, at the time of
the Peace Conference which convened first in Paris, then
at Versailles.
u The need for such an organization had been advocated in
the nineteenth century by two industrialists, Robert
Owen (1771-1853) of Wales and Daniel Legrand (1783-
1859) of France.
u The Constitution was drafted between January and
April, 1919, by the Labour Commission set up by the
Peace Conference.
u It was composed of representatives from nine countries:
Belgium, Cuba, Czechoslovakia, France, Italy, Japan,
Poland, the United Kingdom and the United States.
u The initial motivation was humanitarian.

u The second motivation was political.

u The third motivation was economic.

u Another reason for the creation of the

International Labour Organization.
 ÷
÷ 
 

The International Labour Organization (ILO) seeks

peace and justice and aims to create a socially stable
climate in which the wealth that is produced by
workers benefits them as well as their employers. Since
its foundation in 1919, the ILO has sought to improve
the conditions of labour for workers worldwide.
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An ILO Convention is a minimum standard, and

negotiation leading to the final text of a Convention
can take several years. Once it is ratified by a Member
State, a Convention is binding on that state under
international law, which means that the country·s laws
must be brought into conformity with the Convention.
If a Member State that has ratified a Convention later
modifies its legislation, it cannot go below the minimum
standard of the Convention.
Recommendations are not open for ratification, and
therefore are not binding. They provide further details
or give guidelines for setting higher standards that go
beyond the minimum standards set in the Conventions
² in other words, they provide a certain direction
towards improvement.
Once a Convention is adopted by the ILO General
Conference, it is open for ratification by all Member
States. A Convention enters into force one year after
two Member States have ratified it.
Ê 
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a Submission to the ´competent national
authoritiesµ
Once an ILO Convention/Recommendation has been
adopted by the International Labour Conference, the
instrument is sent to all Member States for
consideration. The ILO Constitution requires that the
instrument be sent to the representatives of the national
organisations of employers and of workers as well as
to the governments.
 ] 

½hen a Member State ratifies the Convention, it agrees

to two important things:
Ȉ      p    
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ë
  
 p V country that ratifies is not allowed to
pick and choose parts of the Convention as it wishes. In the
long term, all of the provisions must be applied in national
law and practice.
   
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regulatory supervisory machinery of the ILO comes
into force 12 months after the Director General of
the ILO has been notified of the ratification.
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The Committee of Experts will remind the Member State

of its obligation to submit the ILO instrument to the

competent authorities. V first reminder is sent out 12

months after the closing of the ILO Conference session. V

second reminder is sent out after 18 months have elapsed.

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After the state has submitted the instrument to its competent

national authorities, the Governing Body of the ILO may request

the state to report at appropriate intervals, showing the

impediments to ratification that exist at the level of national law

and practice. The example of Ghana highlights the potential role

and impact of civil society organisations in the early stages of the

ratification process.
 
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u In India, the treaty making power is within the competence of the
government of India.
u The power to enact and implement legislation lies in the hands of the
Parliament.
u The Director General of the ILO sends a certified copy of the
convention, once it is born to all member states.
u Since in India labour is in the concurrent list of the constitution, the
Government of India dispatches the convention to the state
governments, to the Ministries of Labour of the union, as well as to
the All ²India Organisations of workers and employers inviting their
views regarding the desirability and practicability of giving effect to
these standards.
u A statement of action is drawn up, taking into account the comments
received, is considered by the union cabinet and is placed before
Parliament, where the proposals are discussed from all aspects.
u Copies of the statements are forwarded to the International labour
office, the State governments, and the workers ¶and employers
¶organizations.
u Follow-up action, by way of ratification of conventions is taken up
subsequently.
u The Tripartite committee of India was set up to draw up a program
of implementation of the ILO conventions.
u This committee makes a detail scrutiny of the ILO instruments.
u It is on the recommendation of this committee that India ratifies
conventions & recommendations.
u In case that the committee has not ratified a particular instrument if
focuses on the reasons of non-ratification.
u India has so far ratified 32 conventions of the 148 adopted by ILO.
u Again 31 recommendations were ratified by India out of the 156
adopted by ILO.
u The main criteria for adopting ILO·s standards are its relevance to
the immediate needs and conditions of society.
u The largest number of conventions relate to seafarers, general
conditions of employment and social security.
u Information on measures taken in pursuance of the ratified
conventions has to be conveyed through annual reports to be sent to
the International labour Office.
u These reports are examined by an independent committee of experts
to ensure compliance.
u Some of the factors responsible for non ratification of conventions by
India are constitutional and administrative.
u Political difficulties sometimes prevent non ratification.

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