Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
A PROJECT REPORT ON
ROLE OF ILO IN WELFARE OF LABOUR
SUBMITTED TO
Mr. Manoj Kumar
(FACULTY LABOUR LAW)
SUBMITTED BY
Apurv Shukla
SEMESTER V
ROLL NO 21
BATCH 10
DATE OF SUBMISSION: 12-10-2012
ACKNOWLEDGEMENT
This project has been prepared in consideration within the available time and resources.
On completion of this project satisfactorily and successfully land new in the midst of
elation at this movement. On the culmination of finishing my project, I am in dept to all
those who helped me continuing my task, up till
were the sources of constant inspiration and encouragement for the completion of this
project. I owe a deep sense of gratitude and in debt to our lecturers for giving us
opportunity to write this and help us and guide us with through out this project. To make
subject clearer suitable details have been given. Errors do creep of every care has been
taken as it is well known fact that it is impossible to escape the devil of errors. Words fail
to express my deep sense of glee to my honorable teacher, Mr. Manoj Kumar, who
enlightened me with his beautiful work on this topic. I would like to thank him for
guiding me in doing all sorts of researches, suggestions and having discussions regarding
my project topic by devoting his precious time. My heartiest thanks also go to H.N.L.U
for providing Library, Computer and Internet facilities. And lastly I thank my friends,
seniors and all those around me who have helped me in the completion of this project in
collecting and locating all the required source of materials. It is my great pleasure to
acknowledgement my deep sense of gratitude to our teachers for their valuable guidance
and thanks to all my friends for their valuable contribution and help in completion of the
project.
Submitted by
Mr. Apurv Shukla
CONTENTS
I.
II.
III.
IV.
V.
VI.
VII.
Research Methodology.04
Objectives.04
Introduction to ILO...05
Chapter-1 Concepts of Labour Welfare........06
Definitions...08
Features....08
Objectives....09
Principle...10
Approaches..11
Chapter-2 Impact of Labour Laws in India...12
Core Conventions13
Labour Legislations.13
Areas
of
ILO
activities.15
1952 ILO Convention..18
Conclusion.....20
Bibliography .........21
RESEARCH METHODOLOGY
The sources of data for this project are secondary in nature, including books, articles, law
journals and online resources. The mode of writing in this project is descriptive and
analytical.
OBJECTIVES
INTRODUCTION TO ILO
The International Organization (ILO) was set up in 1919 as a part of the League of
Nations for the promotion of universal peace through social justice. The ILO was
the only international organization that survived the Second World War even after
the dissolution of parent body, the League of Nations. It became the first specialized
A Project Report on Labour Law
Geneva, provides the secretariat for all conferences and other meeting and is
responsible for day-to-day implementation of the administrative and other decisions
of the conference, and the Governing Body.
O P MALHOTRA, The Law of Industrial Disputes, BUTTERWORTHS , NEW DELHI, VOL. 1 AND VOL. 2,
6 EDITION, 2004
TH
Definitions:
Labour welfare has been defined in various ways, though unfortunately no single
definition has found universal acceptance. The Oxford Dictionary defines labour welfare
as efforts to make life worth living for worker
Chambers Dictionary defines welfare as a state of faring or doing well;
freedom from calamity, enjoyment of health, prosperity.
The ILO report refers to labour welfare as such services, facilities, and
amenities, which may be established in, or in the vicinity of undertakings to enable
persons employed therein to perform their work in healthy and congenial
surroundings and provided
morale.
Features:
On the basis of the various definitions, the basic characteristics of labour
welfare work may be noted thus:
It is the work which is usually undertaken within the premises or in the vicinity
of the undertakings for the benefit of the benefit of the employees and the
members of their families.
The work generally includes those items of welfare which are over and above
what the employees expect as a result of the contract of service from the
employers.
Labour welfare is a very broad term, covering social security and such other
activities as medical aid, crches, canteens, recreation, housing, adult education,
arrangements for the transport of labour to and from the work place.
It may be noted that not only intra-mural but also extra-mural, statutory as well
as non-statutory activities, undertaken by any of the three agencies- the
employers, trade unions or the government- for the physical and mental
development of the worker, both as a compensation for wear and tear that he
undergoes as a part of the production process and also to enable him to sustain
and improve upon the basic capacity of contribution to the processes of
production, which are all the species of the longer family encompassed by the
term labour welfare.
Objectives:
All labour welfare measures have the following objectives:
Enabling workers to live in tune and harmony with services for workers obtaining
in the neighbor hood community where similar enterprises are situated;
Principles:2
2
S C SHRIVASTAVA, Industrial Relations and Labour Laws , VIKAS PUBLISHING HOUSE, NEW DELHI, 5TH
EDITION, 2007
10
Certain fundamental considerations are involved in the concept of labour welfare. The
following are the more important among them.
Democratic Values
The principle of democratic values of labour welfare concedes that workers may have
certain unmet needs for no fault of their own, that industry has an obligation to render
them help in gratifying those needs, and that workers have a right of determining the
manner in which these needs can be met and of participating in the administration of the
mechanism of need gratification. The underlying assumption to this approach is that the
worker is a mature and rational individual who is capable of taking decisions for
himself/herself.
Adequacy of wages
The third principle of labour welfare is adequacy of wages; it implies that labour welfare
measures are not a substitute for wages. It will be wrong to argue that since workers are
given a variety of labour welfare services, they need be paid only low wages. Right to
adequate wage is beyond dispute.
Efficiency
The fourth principle of labour welfare lays stress on the dictum that to cultivate welfare is
to cultivate efficiency. Even those who deny any social responsibility for industry do
accept that an enterprise must introduce all such labour welfare measures which promote
efficiency (Marshall, 1950). It has been often mentioned that workers education and
training, housing, and diet are the three most important aspects of labour welfare, which
always accentuate labour efficiency.
A Project Report on Labour Law
11
Re-personalization
Since industrial organisation is rigid and impersonal, the goal of welfare in industry is the
enrichment and growth of human personality. The labour welfare movement seeks to
bring cheer, comfort, and warmth in the human relationship by treating man as an
individual, with quiet distinct needs and aspirations. Social and cultural programmes,
recreation and other measures designed after taking into consideration the workers
interests go a long way in counteracting the effects of monotony, boredom, and
cheerlessness.
Co-responsibility
The sixth principle of labour welfare recognizes that the responsibility for labour welfare
lies on both employers and workers and not on employers alone. Labour welfare
measures are likely to be of little success unless mutuality of interest and responsibilities
are accepted and understood by both the parties, in particular the quality of responsibility
at the attitudinal and organizational level.
Totality of welfare
The final principle of labour welfare is that the concept of labour welfare must permeate
throughout the hierarchy of an organization, and accepted by all levels of functionaries in
the enterprise.
Approaches3
The issue of labour welfare may be studied from different angles, such as:
The location, where these amenities are provided, within and outside the
industrial undertakings;
The agencies which provide living conditions of work people; these amenities.
On the basis of location of welfare activities, labour welfare work has been
classified by Broughton in two specific categories, namely, (a)intramural(b)extramural
http://www.ilo.org//
12
DR. G V GOSWAMI, Labour Industrial Laws, CENTRAL LAW AGENCY, ALLAHABAD, 8TH EDITION, 2004
13
www.ilo.org/connventions_labourwelfare/
S N MISHRA, Labour and Industrial Laws, CENTRAL LAW PUBLICATIONS, ALLAHABAD , 25TH EDITION,
2009
14
(ILO) was formed in 1919, this Act was amended and thereafter repealed, resulting in the
promulgation of the Factories Act 1934. It makes provision for safety, health and hygiene
of the workers and special provision for women and juvenile workers. It also prohibits
child labor. It limits work of a child in factories, including the seasonal ones.
Under the Mines Act 1923 which applies to workers employed in mines, the hours of
work for persons employed on surface are limited to ten per day and fifty four per week.
The periods of work including rest interval shall not spread over more than 12 hours in
any day. For workers employed underground, the daily limit is nine hours per day. The
Act does not contain provisions as to overtime work. No worker is to work in a mine for
more than six days a week. The Act does not provide for wages for the weekly rest day.
The government of India set up an enquiry committee in 1926 to ascertain the loophole
for irregularity of payment of wages to industrial workers. The Royal Commission on
Labor appointed in 1929 considered the reports and suggestions of the aforesaid
enquiry committee and recommended for enactment for prevention of maladies relating
to payment of wages resulting in the promulgation of the Payment of Wages Act in 1936.
It aimed, firstly, at disbursement of actual distributable wages to workers within the
prescribed period and, secondly, to ensure that the employees get their full wages without
any deduction. The Act was passed to regulate the payment of wages to certain classes of
persons employed in industry. The object of the Act obviously was to provide a cheap
and speedy remedy for employees to whom the Act applied inter alia, to recover wages
due to them, and for that purpose, a special tribunal was subsequently created, but due to
some inherent defects in the statute the recovery of decree able wages rema
ined difficult.
The Weekly Holidays Act of 1942 prescribes one paid holiday a week for persons
employed in any shop, restaurant or theatre (excepting those employed in a confidential
capacity or in a position of management). The government is empowered to grant
additional half-day holiday with pay in a week
15
The Industrial Disputes Act, 1947 came into being on the 1st day of April 1947. The
Act provided for establishment of industrial tribunals by the appropriate government in
British India. It established a full-fledged industrial tribunal for adjudication of industrial
disputes for the first time
The Industrial Employment (Standing Orders) Act, 1946 came into operation for the
first time requiring employers in industrial establishments employing 100 or more
workmen to define the terms of employment of workmen in the form of standing orders
which should be in general conformity with the model standing orders incorporated in the
Act. The Merchant Shipping Act, 1923 provided for an agreement between a seaman and
the master of the ship regarding terms of service
Some of the important areas of ILO activities and field operations are7
http://www.un.org/protection_labours/
16
work by women. In 1937, the conference set down the ILOs aims in regard
to women workers, namely,
a. the guarantee of all civil and political rights;
b. full opportunities to improve their education;
c. better conditions for finding employment;
d. equal pay for equal work;
e. legal protection against dangerous working conditions;
f. legal maternity protection;
g. The same trade union rights as that of men.
The main conventions adopted by the ILO with regard to women workers are
:Maternity Protection ,1919(revised in 1948);the Night work (women)1919(revised
in
1934,1948);the
Underground
work(women)1953
and
the
Equal
Remuneration,1951.
Child Workers- The ILO has been concerned with the problem of child
employment since its inception. It has played a key role in the fight against
exploitation of children by setting standards, regulating the minimum age for
working and the recruitment of youngsters into unhealthy or dangerous jobs.
The theme of the Director-Generals report at the 69 th session of the
International Labour Conference (1983) was on child labour.
Social Security-The ILO has done the pioneering work in the field of social
security. A number of Recommendations and Conventions deal with workmens
compensation, sickness insurance, invalidity, old-age, and survivors insurance ,
unemployment provisions, maternity protection and general aspects of social
security. One of the most important instruments adopted by the ILO is the social
17
Activities-(a)promotion
of
handicrafts
and
small
industries
18
The 1952 ILO convention on social security divided social security into nine
components:
(a) Medical care: This should cover pregnancy, confinement, and its consequences and
any disease which may lead to a morbid condition. The need for pre-natal and post-natal
care, in addition to hospitalization, was emphasized. A morbid condition may require
general practitioner care, provision of essential pharmaceuticals and hospitalization.
(b) Sickness benefit: This should cover incapacity to work following morbid condition
resulting in loss of earnings. This calls for periodical payments based on the convention
specification. The worker need not be paid for the first three days of suspension of
earnings and the payment of benefit may be limited to 26 weeks in a year.
(c) Unemployment benefit: This should cover the loss of earning during a workers
unemployment period. When he is capable and available for work but remains
unemployed because of lack of suitable employment. This benefit may be limited to 13
weeks payment in a year, excluding the first seven days of the waiting period.
(d) Old-age benefit: This benefit provides for the payment-the quantum depending upon
an individuals working capacity during the period before retirement.-of a certain amount
beyond a prescribed age and continues till death.
(e) Employment injury benefit: This should cover the following contingencies resulting
from accident or disease during employment:
Morbid condition
19
Total o0r partial loss of earning capacity which may become permanent;
(f) Family benefit: This should cover responsibility for the maintenance of children
during an entire period of contingency. Periodical payment, provision of food, housing,
clothing, holidays or domestic help in respect of children should be provided to a needy
family.
(g) Maternity benefit: This benefit should cover pregnancy, confinement and their
consequences resulting in the suspension of earnings. Provision should be for medical
care, including pre-natal confinement, post-natal care and hospitalization if necessary.
Periodical payment limited to 12 weeks should be made during the period of suspension
of earnings.
(h) Invalidism benefit: This benefit, in the form of periodical payments should cover the
needs of workers who suffer from any, disability arising out of sickness or accident and
who are unable to engage in any gainful activity. This benefit should continue till
invalidism changes into old-age, when old age benefits would become payable.
(i) Survivors benefit: This should cover periodical payments to the family following
the death of its breadwinner and should continue the entire period of contingency.
20
CONCLUSION
The international Labour Organization did much to improve working and living
condition of people throughout the world. It is shown itself to be an efficiency tool in the
service of social justice in all parts of the world. It has brought about international cooperation, unity and understanding and helped in the elimination of poverty and injustice.
It has rendering exemplary service to all the three elements composing it government,
employers and workers. Its Conventions have been greatly appreciated by the working
class all over the world for their beneficent, humanitarian and missionary influence. They
are considered as the embodiment of social justice by the under-privileged. Our country
is greatly benefited by the ILO standards which helped in improving the working class. It
has greatly influenced labour legislation, labour welfare, trade unionism and industrial
relations of our country. The very law making process in our country in the field of
labour has been considerably influenced by its standard-setting process. Following ILO
traditional, the principle of tripartite consultation has been successfully adopted by the
Government of India in the formulation of labour policy on the Government of India in
the formulation of labour policy on the basis of consensus. n essence, there is a close
resemblance between the ILO Philadelphia Charter of 1944 and the Fundamental Rights
and the Directive Principles of State Policy under the Indian Constitution. These entire
basic documents are based on the principles of freedom, individual dignity and social
justice.
India provides for core labour standards of ILO for welfare of workers and to protect
their interests. India has a number of labour laws addressing various issues such as
resolution of industrial disputes, working conditions, labour compensation, insurance,
child labour, equal remuneration etc. Labour is a subject in the concurrent list of the
Indian Constitution and is therefore in the jurisdiction of both central and state
governments. Both central and state governments have enacted laws on labour issues.
Central laws grant powers to officers under central government in some cases and to the
officers of the state governments in some cases.
21
BIBLIOGRAPHY
DR. G V GOSWAMI, Labour Industrial Laws, CENTRAL LAW AGENCY,
ALLAHABAD, 8TH EDITION, 2004
K M PILLAI, Labour and Industrial Law , ALLAHABAD LAW AGENCY,
ALLAHABAD, 10TH EDITION, 2005
O P MALHOTRA, The Law of Industrial Disputes, BUTTERWORTHS , NEW
DELHI, VOL. 1 AND VOL. 2, 6TH EDITION, 2004
S C SHRIVASTAVA, Industrial Relations and Labour Laws , VIKAS
PUBLISHING HOUSE, NEW DELHI, 5TH EDITION, 2007
S N MISHRA, Labour and Industrial Laws, CENTRAL LAW PUBLICATIONS,
ALLAHABAD, 25TH EDITION, 2009