India has ratified six out of the eight core/fundamental International Labour Organisation (ILO) Conventions. These are the Forced Labour Convention, 1930 (No. 29), Abolition of Forced Labour Convention, 1957 (No. 105), Equal Remuneration Convention, 1951 (No. 100), Discrimination (Employment and Occupation) Convention, 1958 (No. 111), Minimum Age Convention, 1973 (No. 138) and Worst Forms of Child Labour Convention, 1999 (No. 182).
India has not ratified the core/fundamental Conventions, namely Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) and Right to Organise and Collective Bargaining Convention, 1949 (No. 98).
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.
In India we ratify an ILO Convention only when the national laws are brought fully into conformity with the provisions of the Convention in question.
Government of India has been taking various pro-active steps to examine the prospects of ratifying Conventions No. 87 & 98, including holding regular discussions on the issue with the stakeholders. The matter has also been widely discussed in the meetings of the Tripartite Committee on Conventions (COC). A meeting under the Chairmanship of Secretary (Labour & Employment) is scheduled on 09.08.2017 along DOPT and ILO to further look into the matter, including international practices. Ratification of ILO Convention is a voluntary process and no time frame has been agreed for the same.
This information was given by Shri Bandaru Dattatreya the Minister of State (IC) for Labour and Employment, in a written reply to a question in Lok Sabha, today.
AK