Labour Laws and Practice · International Labour Organization

ILO Conventions and Recommendations: Adoption and Ratification

Updated 11 October 2026 · Fact-checked

ILO conventions are international treaties that bind a member State only after it ratifies them. Recommendations are non-binding guidelines that often supplement a convention. The International Labour Conference adopts both by a two-thirds majority of delegates present. Members must then bring them before their competent authorities and report on them.

Understand ILO Conventions and Recommendations

The International Labour Organization (ILO) sets international labour standards. These standards take two forms: conventions and recommendations. Together they make up the International Labour Code, a body of minimum standards on wages, safety, working hours, freedom of association and more.

A convention is an international treaty. It creates a legal obligation, but only for a member State that chooses to ratify it. Until ratification, a convention does not bind the country. A recommendation is never open to ratification. It is a guide for national law, policy and practice. It often gives detail that a convention leaves out, and sometimes it stands alone on a subject where a treaty is not yet possible.

Standards are made at the International Labour Conference, the ILO's annual general assembly. The usual route is a double discussion: the Office prepares a report on law and practice, member States and social partners comment, a draft text is prepared, and the Conference votes on the final text in the next year. Each member State sends four delegates: two government, one employer and one worker. A text is adopted if at least two-thirds of the delegates present and voting support it. The Conference also needs a quorum for the vote.

Adoption alone does not bind anyone. After adoption, every member State must submit the new convention or recommendation to its competent authority (in India, Parliament) within a fixed period, normally 12 months and at most 18 months. This duty applies whether or not the State plans to ratify. Ratification is then a sovereign decision. The convention usually enters into force 12 months after two member States have ratified it, and for each later State 12 months after its own ratification. A ratifying State must give effect to it in law and practice and report periodically to the ILO.

The ILO has also identified fundamental conventions that cover principles and rights at work. Since 2022 these cover five categories: freedom of association and collective bargaining, elimination of forced labour, abolition of child labour, elimination of discrimination in employment, and a safe and healthy working environment. All ILO members have an obligation to respect these principles, even if they have not ratified the related conventions, because of the 1998 Declaration on Fundamental Principles and Rights at Work.

Key rules to remember

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.

How to solve ILO Conventions and Recommendations questions

Use this method for any question on conventions, recommendations, adoption or ratification. Work from the legal nature of the instrument to the procedure and then to India.

1Identify what is asked: a difference, a procedure, a list or a case-based application.
2State the legal nature of each instrument. A convention is a treaty binding on ratification. A recommendation is guidance and is not ratified.
3Describe adoption: International Labour Conference, tripartite delegates, double discussion, two-thirds majority.
4Describe post-adoption duties: submission to the competent authority within 12 to 18 months, then the ratification decision, entry into force and periodic reporting.
5Separate the duty to submit from the duty to ratify. The first is compulsory, the second is voluntary.
6If the question is case-based, apply the facts: has the State ratified? Has the instrument entered into force for it? What reporting or implementation duty follows?
7Add the fundamental conventions point where relevant: the 1998 Declaration binds all members to respect the principles even without ratification.
8Conclude in one line that answers the question directly.

Quickest way: Four-line answer frame

When to use it: When you have limited time, or the question is a short 'differentiate' or 'explain procedure' question.

Line 1: Define convention (binding treaty on ratification) and recommendation (non-binding guide).
Line 2: Adoption by the Conference with two-thirds majority of delegates present and voting.
Line 3: Submission to the competent authority within 12 to 18 months, regardless of ratification.
Line 4: Ratification is voluntary, then entry into force and reporting. Add the fundamental conventions in one line.

Common mistakes in ILO Conventions and Recommendations

Saying a convention binds every ILO member as soon as it is adopted.
Students confuse adoption with ratification.
Fix: Write that a convention binds only the States that ratify it. Adoption only fixes the text.
Saying member States must ratify every convention.
The duty to submit to the competent authority is remembered as a duty to ratify.
Fix: State clearly that submission is compulsory and ratification is a free choice.
Writing that recommendations can be ratified or are binding.
Both are adopted in the same way, so students treat them alike.
Fix: Say a recommendation is not open to ratification and gives guidance, often supplementing a convention.
Giving the wrong voting majority, such as a simple majority.
General meeting rules in company law are mixed up with ILO rules.
Fix: Remember two-thirds of delegates present and voting.
Listing only eight fundamental conventions and ignoring the 2022 addition.
Older notes list eight conventions in four categories.
Fix: Mention that the safe and healthy working environment was added, bringing C155 and C187 into the fundamental group.
Ignoring the tripartite structure when describing adoption.
Students describe it like a normal treaty conference between governments.
Fix: Mention the four delegates per State: two government, one employer, one worker.

Worked examples

Example 1

Distinguish between an ILO convention and an ILO recommendation. Is a State bound to ratify a convention adopted by the Conference?

Show the solution

Convention: an international treaty. It creates binding obligations on a member State only after the State ratifies it.
Recommendation: a non-binding instrument giving guidance on national policy and practice. It cannot be ratified and often supplements a convention.
Adoption: both are adopted by the International Labour Conference by a two-thirds majority of delegates present and voting.
Duty after adoption: each member State must submit both to its competent authority within 12 months, and at most 18 months. This is compulsory.
Ratification: this is a voluntary, sovereign decision. The member is not bound to ratify.
Consequence: a ratifying State must give effect to the convention in law and practice and report on it to the ILO. A State that does not ratify has only reporting and submission duties.

Answer: A convention is a binding treaty on ratification, while a recommendation is non-binding guidance that cannot be ratified. A State must submit a convention to its competent authority, but it is not bound to ratify it.

Example 2

The International Labour Conference adopts a new convention. Of the delegates present and voting, 120 vote in favour and 70 vote against. Explain whether it is adopted, and what Country X, which voted against, must do next.

Show the solution

Total voting: 120 + 70 = 190.
Two-thirds of 190 = 126.67, so at least 127 votes would be needed.
120 is less than 127, so the two-thirds requirement is not met and the convention is not adopted.
Variation: if the votes were 130 in favour and 60 against, the total is 190, and 130 is at least 127, so it would be adopted.
In that variation, Country X must still submit the convention to its competent authority within 12 months, and at most 18 months.
Country X may then decide not to ratify. Its voting against does not remove the duty to submit.

Answer: With 120 of 190 votes, the two-thirds threshold of 127 is not met and the convention fails. If adopted, Country X must still submit it to its competent authority within 12 to 18 months, but it is free not to ratify.

Exam tips

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.
In case-based questions, check whether the State has ratified before saying any obligation exists.
Link the topic to India by naming the competent authority, Parliament, and relate it to the labour codes where the question allows.

Practice questions from International Labour Organization

ILO Conventions and Recommendations: frequently asked questions

What is the difference between an ILO convention and a recommendation?

A convention is a treaty that binds a State only after ratification. A recommendation is non-binding guidance and cannot be ratified. Recommendations often add detail to a convention.

What is the ratification procedure for an ILO convention?

After adoption, the State submits the convention to its competent authority within 12 to 18 months. If the authority approves, the government formally registers ratification with the ILO Director-General. The convention then enters into force for that State, usually 12 months later.

How are international labour standards adopted by the ILO?

The International Labour Conference adopts them after a double discussion, usually over two sessions. The final text needs two-thirds of the delegates present and voting. Each State has two government, one employer and one worker delegate.

Which are the ILO fundamental conventions?

They cover freedom of association and collective bargaining (C87, C98), forced labour (C29, C105), child labour (C138, C182), discrimination (C100, C111) and occupational safety and health (C155, C187). The last category was added in 2022.