Lok Sabha Question No. 1256 (UNSTARRED), answered on 2017-07-24
Subject: ILO Fundamental Conventions
Ministry: LABOUR AND EMPLOYMENT
Asked by: POONAM  MAHAJAN

## GOVERNMENT OF INDIA

## MINISTRY OF LABOUR AND EMPLOYMENT

## LOK SABHA

## UNSTARRED QUESTION NO. 1256 TO BE ANSWERED ON 24.07.2017

## ILO FUNDAMENTAL CONVENTIONS

## 1256. SHRIMATI POONAM MAHAJAN:

Will  the  Minister  of  LABOUR  AND  EMPLOYMENT  be  pleased  to state:

- (a)the details of the International Labour Organisation (ILO) fundamental  conventions  that  the  Government  has  ratified  and those conventions that the Government has not ratified;
- (b)the  reasons  for  not  ratifying  the  Freedom  of  Association  and Protection of Right to Organised Convention (No.87) and the Right to  Organise  and  Collective  Bargaining  Convention  (No.98)  despite the  fact  that  several  provisions  in  these  Conventions  are  already
- guaranteed; and
- (c)the  details  of  efforts  undertaken  by  the  Government  to  move towards ratifying the said conventions and the time frame by which the conventions are expected to be ratified?

## ANSWER

## MINISTER OF STATE (IC) FOR LABOUR AND EMPLOYMENT (SHRI BANDARU DATTATREYA)

- (a): 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).

(b): 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.

(c): 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.

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