CS Professional · Labour Laws and Practice

International Labour Organization: formula sheet

Full chapter guide

Key formulas

Year of establishment: ILO established in 1919 under Part XIII of the Treaty of Versailles; Remember 1919 for origin. The ILO was set up by the peace settlement after the First World War.
Declaration of Philadelphia: Adopted 1944 | later annexed to the ILO Constitution; It restates the aims and purposes of the ILO. Do not confuse it with the 1919 founding.
Four principles of Philadelphia: Labour is not a commodity | Freedom of expression and association | Poverty anywhere is a danger to prosperity everywhere | War against want, by workers, employers and governments together; Quote them in this order. Wording may be paraphrased, but keep the idea intact.
Tripartite delegation: Each member state: 2 government + 1 employers' + 1 workers' delegate = 4 delegates; Ratio is 2:1:1. Government gets half the voice, employers and workers a quarter each.
Core aims of the ILO: Rights at work + decent employment + social protection + social dialogue; Use this four-part list to structure any answer on objectives.
Voting rule for adoption: Adoption = at least two-thirds of delegates present and voting at the International Labour Conference; Applies to both conventions and recommendations. Each State has 4 delegates: 2 government, 1 employer, 1 worker.
Convention vs recommendation: Convention = binding treaty after ratification; Recommendation = non-binding guidance, not ratifiable; This is the core difference examiners test.
Submission to competent authority: Within 12 months, at most 18 months, of the close of the Conference session; Duty applies to all members, even if they do not intend to ratify.
Entry into force: Usually 12 months after ratification by two members; for later members, 12 months after their own ratification; The exact number of ratifications needed is stated in the final articles of each convention.
Fundamental principles and rights at work: Five categories: freedom of association and collective bargaining; no forced labour; no child labour; no discrimination; safe and healthy working environment; Safe and healthy working environment was added in 2022.
Fundamental conventions (core list): C29 Forced Labour; C87 Freedom of Association; C98 Right to Organise and Collective Bargaining; C100 Equal Remuneration; C105 Abolition of Forced Labour; C111 Discrimination (Employment and Occupation); C138 Minimum Age; C182 Worst Forms of Child Labour; C155 Occupational Safety and Health; C187 Promotional Framework for OSH; Learn the numbers with the titles. There is also the 2014 Protocol to C29. C155 and C187 were added in 2022.
Representation: Article 24: industrial association of employers or workers → Governing Body → (possible) tripartite committee; Concerns a ratified Convention. Made by an employers' or workers' body, not by a state.
Complaint: Article 26: member state that has ratified the same Convention / Governing Body (own motion or on a Conference delegate's complaint) → Commission of Inquiry; A complaining state must itself have ratified the same Convention. The government must state whether it accepts the Commission's recommendations or will refer the complaint to the ICJ, whose decision is final.
Regular supervision: Government reports → CEACR (experts) → Conference Committee on the Application of Standards; Applies to ratified Conventions. Reports are periodic.
Pillars of Decent Work: Employment creation + Social protection + Social dialogue + Rights at work; Gender equality and non-discrimination are cross-cutting.
1998 Declaration categories: Association and bargaining; no forced labour; no child labour; no discrimination; (added 2022) safe and healthy working environment; Binding on all members by virtue of membership, whether or not Conventions are ratified.
Nature of ILO instruments: Convention = binding only on ratification; Recommendation = guidance, no ratification; A recommendation can never be ratified. A convention binds only the States that ratify it.
India's membership: Original member of the ILO since 1919; Say 'founding' or 'original' member. Do not give a later date.
Fundamental conventions ratified by India: C29, C105, C100, C111, C138, C182 (6 of the 8 conventions traditionally treated as fundamental); C138 and C182 were ratified in 2017. Since 2022 the ILO lists ten fundamental conventions, adding C155 and C187 (safety and health), which India has not ratified.
Fundamental conventions not ratified: C87 (freedom of association) and C98 (collective bargaining); also C155 and C187 (added in 2022); The usual exam point is C87 and C98. Link it to the state of trade union law in India.
Other ratified conventions to remember: C1, C26, C81, C122, C144; Hours of work (industry), minimum wage-fixing machinery, labour inspection, employment policy, tripartite consultation.
Domestic effect of ratification: Ratification alone ≠ enforceable rights; Parliament usually legislates (Article 253); courts may use ratified conventions to interpret law and fill gaps where there is no conflict; Ratification alone does not create rights enforceable in an Indian court. Parliament gives effect under Article 253, and courts may read ratified conventions into domestic law only where no domestic law conflicts.
Constitutional link: Article 51(c): respect for international law and treaty obligations; A Directive Principle. It guides the State but is not itself enforceable.

Quick revision

The ILO is a United Nations specialised agency dealing with labour and social justice.
Its structure is tripartite: governments, employers and workers take part in its work.
Its main organs are the International Labour Conference, the Governing Body and the International Labour Office.
Conventions are international treaties that bind a member state only after it ratifies them.
Recommendations are not open to ratification and give non-binding guidance.
Standards are adopted through the Conference and then member states are expected to consider them.
Supervision checks how member states apply the standards they have accepted.
Decent work brings together employment, rights at work, social protection and social dialogue.
Know which areas of Indian labour law reflect ILO standards.
Learn India's ratified conventions as stated in your study material, not from memory of general sources.
In answers, always state the rule, apply it to the facts, then conclude.
Use exact names of bodies and instruments, and avoid mixing up conventions with recommendations.

Common mistakes

Writing that the ILO was founded in 1944 with the Declaration of Philadelphia. Fix: Link 1919 to founding and the Treaty of Versailles. Link 1944 only to the Declaration of Philadelphia.
Saying the ILO has only government representatives. Fix: Always state that it is tripartite and give the 2 government, 1 employer, 1 worker delegation.
Saying a convention binds every ILO member as soon as it is adopted. Fix: Write that a convention binds only the States that ratify it. Adoption only fixes the text.
Saying member States must ratify every convention. Fix: State clearly that submission is compulsory and ratification is a free choice.
Saying a trade union or individual worker can file an Article 26 complaint. Fix: Representation is for industrial associations. A complaint is for member states that have ratified the Convention, or the Governing Body (on its own motion or on a Conference delegate's complaint), not for trade unions or individual workers.
Stating the 1998 Declaration applies only to states that ratified the core Conventions. Fix: Say the duty arises from ILO membership itself, with promotional follow-up.
Saying India has ratified all the fundamental conventions. Fix: Remember that C87 and C98 are not ratified, and neither are C155 and C187, added to the fundamental list in 2022. Always mention the C87 and C98 gap in a full answer.
Writing that a ratified convention becomes Indian law automatically. Fix: Write that Parliament legislates under Article 253 to give a convention legal effect. Add that courts may use ratified conventions to interpret domestic law and fill gaps where there is no conflict.

Exam tips

Write the year with each fact: 1919 for founding, 1944 for Philadelphia. Examiners check dates.
Use a short numbered or bulleted list for the four Philadelphia principles. It is easy to mark.
Draw a small line diagram or write the 2 + 1 + 1 delegation split to show tripartism clearly.
In case-based questions, name the ILO feature the facts illustrate before giving your conclusion.
Keep history to a few lines in longer answers and spend your time on analysis.
For 'differentiate' questions, write a short two-column style comparison in bullet pairs: nature, binding force, ratification, purpose.
Always include the two-thirds majority and the 12 to 18 month submission period. Examiners look for these exact details.
Keep a one-line list of the fundamental conventions with their numbers. Add the 2022 change.