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CS Professional · Labour Laws and Practice · International Labour Organization

Nilgiri Textiles Ltd's HR head reads that India has ratified an ILO Convention on freedom of association. A colleague says that once a Convention is ratified, it stays purely a statement of intent until the ILO itself enforces it in Indian courts. Which statement correctly describes the legal position of a ratified Convention?

A ratified ILO Convention binds the member State to give effect to it through national law and practice, and the State must report periodically on its application. The ILO supervises but does not directly enforce it in domestic courts, and it does not bind employers directly.

  1. AIt binds the ratifying member State to give effect to it through national law and practice, and the State reports periodically on its applicationCorrect
  2. BIt automatically overrides every Indian statute and is enforceable by the ILO in Indian courts
  3. CIt binds only employers and has no effect on the Government
  4. DIt becomes binding only on the member States that voted against it

Explanation

Ratification creates a binding international obligation on the State to implement the Convention through national law and practice, and to submit regular reports on its application. The ILO has no power to enforce it directly in domestic courts, so the second option is wrong.

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