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LABOURWALFARE PROTECTION UNDER INTERNATIONAL LAW
- Pradeep Verma^1 and Mohd Faiz Khan^2 Introduction Welfare is a convenient term to cover all those aspects of industrial life which contribute to the well-being of the worker. It is a broad concept referring to a state of living of an individual or a group in a desirable relationship with the total environment ecological, economic and social. The term ‘Welfare’ includes both the social and economic contents of welfare. Social welfare is primarily concerned with the solution of various problems of the weaker sections of society. The goal of social welfare is to fulfil the social, financial, health and recreational requirements of all individuals in a society. The goal of economic welfare is to promote economic development by increasing production and productivity and through equitable distribution. Labour welfare is the mixed and total concept of both the social and economic contents of welfare. The social concept of welfare implies the welfare of man, his family and his community. The economic concept of welfare implies the equitable distribution of profit among the different factors of production and, thus, satisfying the labour, i.e., the pillar of the production. It does not mean merely the reasonable and desirable payment of remuneration to the labour for its productivity and time but also spending a part of profit on various facilities for them which, in turn, increases the production and productivity of the business organisation. The main goal of labor law is to control, support, and constrain the power of organized labor and management. Law is a tool for regulating social power. It focuses primarily on these fundamental phenomena of social power.^3 Of course, the law has its own administrative, criminal, and civil penalties, and their effects should not be minimized. Conceptual Framework of Labour Welfare in a Globalized World Labour welfare implies the setting up of minimum desirable standards and the provisions of facilities like health, food, clothing, housing, medical assistance, education, insurance, job seurity, recreation, and so on. Such facilities enable the worker and his family to lead a good work life, family life and social life. The worker normally spends about one-third of his total working life in the organisation of his employer. He has, therefore, every right to demand that the conditions under which he does so should be reasonable and provide proper safeguards for (^1) Assistant Professor, MVD Law College, affiliated to University of Lucknow, Lucknow. (^2) Assistant Professor, MVD Law College, affiliated to University of Lucknow, Lucknow. (^3) Otto Kahn-Freund, Labour and the Law 09 (Steven and Sons, London, 1977).
life and health. So, it is very difficult to accurately lay down the scope of labour welfare work especially because of the fact that labour is composed of dynamic individuals with complex needs. The historical background of labor welfare initiatives at the international forum dates back to the late 19th^ and early 20th^ centuries when the Industrial Revolution led to rapid urbanization and significant changes in the working conditions of people worldwide. As a result, workers faced long hours, low pay, and hazardous working conditions. This situation led to the rise of labor movements and the need for international cooperation to address these issues. Evolution of Labour Welfare at International Forum The first moves toward international labour conventions date back to the beginning of the 19th century. Robert Owen in England, J.A. Blanqui and Villerme in France, and Ducepetiaux in Belgium are considered precursors to the idea of international regulation of labour matters. However, David Legrand , an industrialist from Alsace, put forward this idea most systematically, defending it and developing it in repeated appeals addressed to the governments of the main European countries from 1840 to 1855. In the second half of the 19th^ century, the idea was first taken up by private associations.^4 Thereafter, a number of proposals to promote international regulation of labour matters were made in the French and German parliaments. The first official initiative came from Switzerland where, following proposals made in 1876 and 1881 and in consultation with other European countries, the Swiss government suggested convening a Conference on the matter in Bern in May 1890.^5 The establishment of an International Association for the Legal Protection of Workers , the seat of which was in Basle, was followed by a congress held in Brussels in 1897. The peace conference entrusted the examination of this question to a special commission known as the Commission on International Labour Legislation. The work of the Commission led to the inclusion in the Treaty of Versailles and the other peace treaties of Part XIII, which dealt with labour matters.^6 This section of the treaties provided for the establishment of an International Labour Organization, which might adopt conventions and recommendations in this field. Conventions would be binding only on those states which ratified them. In October 1919, the International Labour Conference met in Washington to adopt the first Conventions and to appoint the Governing Body. Since then, the International Labour Conference has met regularly in general once a year, except during the Second World War. At (^4) Bob Hepple, Labour Laws and Global Trade 25 (Hart Publishing, 2008). (^5) Ibid. (^6) Ibid.
following:^9
- The Policing Theory of Labour Welfare: The policing theory is based on assumption that Human Being is so much selfish and always tries for own benefits whether on the cost of others welfare. Any of the employers will not work for the welfare of employees until he is forced to do so. This theory is based on the contention that a minimum standard of welfare is necessary for workers. The assumption on which the theory is based is the without compulsion, supervision and fear of punishment, no employer will provide even the barest minimum of welfare facilities for workers this theory is based on the assumption that man is selfish and self-centered, and always tries to achieve his own ends, even at the cost of the welfare of others. This is based on the contention that a minimum standard of welfare is necessary for labourers. Here the assumption is that without policing, that is, without compulsion, employers do not provide even the minimum facilities for workers. According to this theory, owners and managers of industrial undertakings get many opportunities for exploitation of labour. Hence, the state has to intervene to provide minimum standard of welfare to the working class.
- The Religious Theory of Labour Welfare: This is based on the concept that man is essentially “a religious animal.” Even today, many acts of man are related to religious sentiments and beliefs. These religious feelings sometimes prompt an employer to take up welfare activities in the expectation of future emancipation either in this life or after it. The theory views were an essentially religious. Religious feelings are what sometimes prompt employers to take up welfare activities in the belief of benefits either in his life or in support after life. Any good work is considered an investment, because both the benefactor and the beneficiary are benefited by the good work done by the benefactor. This theory does not take into consideration that the workers are not beneficiaries but rightful claimants to a part of the gains derived by their labour.
- The Philanthropic Theory of Labour Welfare: Philanthropy is the inclination to do or practice of doing well to one’s fellow men. Man is basically self- centered and acts of these kinds stem from personal motivation, when some employers take compassion on their fellowmen, they may undertake labor welfare measures for their workers. This theory is based on man’s love for mankind. Philanthropy means “Loving mankind.” Man is believed to have an instinctive urge by which he strives to remove the suffering (^9) Franccois Ewald, Dilemmas of law in the Welfare State 46 (De Gruyter, 1988).
of others and promote their well-being. In fact, the labour welfare movement began in the early years of the industrial revolution with the support of philanthropists.
- The Paternalistic or Trusteeship Theory of Labour Welfare: In this theory it is held that the industrialists or employers hold the total industrial estate, properties and profits accruing form them in trust for the workmen, for him, and for society. It assumes that the workmen are like minors and are not able to look after their own interests that they are ignorant because of lack of education. Employers therefore have the moral responsibility to look after the interests of their wards, who are the workers. In other words, the employer should hold the industrial assets for himself, for the benefit of his workers, and also for society. The main emphasis of this theory is that employers should provide funds on an ongoing basis for the well-being of their employees.
- The Placating Theory of Labour Welfare: As labour groups are becoming better organized and are becoming demanding and militant, being more conscious of their rights and privileges that even before, their demand for higher wages and better standards increases. The placing theory advocates timely and periodical acts of labour welfare to appease the workers. This theory is based on the fact that the labour groups are becoming demanding and militant and are more conscious of their rights and privileges than ever before. Their demand for higher wages and better standards of living cannot be ignored. According to this theory, timely and periodical acts of labour welfare can appease the workers. They are some kinds of pacifiers which come with a friendly gesture.
- The Public Relations Theory of Labour Welfare: This theory provides the basis for an atmosphere of goodwill between labour and management, and also between management and the public, labour welfare programmes under this theory, work as a sort of an advertisement and help an organization to project its good image and build up and promote good and healthy public relations. The labour welfare movements may be utilized to improve relations between management and labour. An advertisement or an exhibition of a labour welfare programme may help the management projects a good image of the company.
- The Functional Theory of Labour Welfare: The concept behind this theory is that a happy and healthy person is a better, more productive worker. Here, welfare is used as a means to secure, preserve and develop the efficiency and productivity of labour. The approach to any solutions, especially as that as between the workers and the management should be dialogue and an understanding of one another’s viewpoint.
The Universal Declaration of Human Rights, 1948 (UDHR) Art. 22 to 27 contain the economic, social and cultural rights such as:^13 “right to work, free choice of employment, right to rest and leisure, right to standard of living adequate for health and well-being, right to education and the right to participate in cultural life of the community. UDHR came out as a mere resolution of General Assembly. However, with the passage of time; it assumed the significance of being a continuation of the UN charter, and a universal ‘magna carta’ of human rights which was further confirmed and stepped up through different Covenants and Protocols and compositely, all these instruments came to known as the International Bill of Human Rights.”^14 International Labour Organization (ILO) Conventions The ILO has adopted numerous conventions that address various aspects of labour welfare, including conventions on freedom of association, collective bargaining, forced labor, child labor, and occupational safety and health. World Health Organization (WHO) Conventions WHO has adopted conventions aimed at promoting the right to health and safety in the workplace. Following are the labour welfare conventions:
- International Labour Organization (ILO) Convention No. 87 on Freedom of Association and Protection of the Right to Organize
- ILO Convention No. 98 on the Right to Organize and Collective Bargaining
- ILO Convention No. 100 on Equal Remuneration
- ILO Convention No. 111 on Discrimination (Employment and Occupation)
- ILO Convention No. 138 on Minimum Age for Admission to Employment
- ILO Convention No. 182 on the Worst Forms of Child Labour
- International Covenant on Economic, Social and Cultural Rights
- International Covenant on Civil and Political Rights
- United Nations Convention on the Rights of the Child Conclusion Labour welfare conventions and treaties have played a crucial role in protecting the rights and welfare of workers around the world. These international agreements serve as important (^13) H. Lauterpacht, K.C., et.al., “The Universal Declaration of Human Rights” 25 Brit. Y.B. Int'l L. 354 (1948). (^14) S .K. Kapoor, International Law and Human Rights (Allahabad: Central Law Agency, 2012) 56.
instruments in ensuring fair and safe working conditions, promoting decent work, and preventing exploitation and discrimination in the labor market. One of the most significant conventions in this regard is the International Labour Organization (ILO) Conventions, which set out basic principles and rights at work. These conventions have been key in setting minimum standards for various aspects of labor welfare, including wages, working hours, occupational health and safety, and protection against discrimination and forced labor. The ILO has also developed specific conventions addressing issues such as child labor, migrant workers, and the rights of indigenous peoples. Despite the importance of these conventions, there are some criticisms that can be made regarding their effectiveness and implementation. One of the main criticisms is that many countries, especially developing nations, have not ratified all relevant conventions or have not effectively enforced them. This lack of compliance can lead to widespread violations of labor rights and undermine the effectiveness of these international agreements. Another criticism is that some conventions may not be fully up-to-date or may not adequately address emerging challenges in the labor market, such as the rise of informal employment, precarious work arrangements, and the gig economy. As a result, there is a need for continuous review and updating of these conventions to ensure they remain relevant and effective in protecting workers in the changing labor landscape.
