CHAPTER 1: INTRODUCTION

RESEARCH OBJECTIVES

RESEARCH QUESTIONS

RESEARCH METHODOLOGY

CHAPTER 2: CLASSIFICATION OF CORE LABOUR ISSUES AND

STANDARDS

CHAPTER 3: CORE LABOUR STANDARDS AND DEVELOPING

COUNTRIES

CHAPTER 4: COMPARATIVE ANALYSIS ON CORE LABOUR

STANDARDS IN INDIA AND CHINA

CHAPTER 5: CONCLUSION AND SUGGESTIONS

BIBLIOGRAPHY

Chapter 1: Introduction

The tripartite International Labor Organization (ILO) is a foundation taking into account

United Nations that unites together the Governments or their agents, business' associations,

exchange unions, and so forth and secures labour rights, spread social equity and welfare and

advances generally perceived human and labour rights by making into the note of use of

traditions and suggestions, assigning tolerable work with wellbeing, respect and opportunity

and supporting Governments, bosses and exchange unions in fact.

These traditions are once received by ILO meeting, and after that the part country will

endorse them. However, the confirmation is deliberately yet the concerned Nation ought to

execute and sanction the tradition for the National hobby.

Center Labor Standards are the set or system of generally and globally concurred set of

traditions which rotates around the base expected standard of workers at work. The Core

Labor Standards are an "advantaged" set of principal & general work norms and unbreakable

human rights – stipulating that these guidelines have the wide spread’s characteristics moral

benchmarks connected with 'human rights'.

The enactments set by the Nation and the benchmarks or the rules set by the International

Labor Organization through the settlements, traditions and proposals incorporate all the vital

parts of boss representative relationship in a vocation. This incorporates opportunity of

affiliation and the e ective acknowledgment of the privilege to aggregate haggling, the endff

of all types of constrained and necessary work, the e ective cancelation of youngster workff

and the disposal of separation in appreciation of vocation and occupation.

Since its initiation, firstly, the International Labor Organization started to talk of 'center work

measures' at the 1995 World Summit for Social Development and in 1998 the ILO

Declaration of Fundamental Principles and Rights at Work was embraced at the International

Labor Conference. The core labour standards relate to the following ILO conventions1:

1. Convention 87, freedom of association and protection of the right to organize,

1948;

2. Convention 98, the right to organize and collective bargaining, 1949;

3. Convention 29, forced labour, 1930, relating to the suppression of forced labour;

4. Convention 105, the abolition of forced labour, 1957;

5. Convention 100, equal remuneration, 1951 (equal remuneration for men and

women for work of equal value);

6. Convention 111, discrimination (employment and occupation), 1958 (to promote

equality of opportunity and treatment in respect of employment and occupation);

7. Convention 138, minimum age, 1973 (for the abolition of child labour the

condition is that the minimum age for admission to employment or work shall be

not less than the age of completion of compulsory schooling (normally not less

than 15 years);

8. Convention 182, worst forms of child labour convention, 1999.

So far the government of India has ratified 41 ILO conventions. However, it has

ratified only 4 out of 8 core ILO fundamental human rights Conventions which are

Convention 29, Convention 100, Convention 105 and Convention 111.While the government

of China has ratified Convention 100, Convention 111, Convention 138 and Convention 182

out of 8 core fundamental human rights conventions2.

The research is aimed at doing a comparative research between India and China in terms of

their core fundamental labour standards so as to suggest some measures to improve the

present labour laws existing in these two countries in order to reform the economic conditions

of the marginalized people or the bonded labourers. The researcher will bring into limelight

enlightening the various perspectives which are being faced by India and China in

1 See Ratifications of ILO conventions, http://www.ilo.org/dyn/normlex/ ((Last visited September 13, 2015, 09:55 p.m. (N.T.M) )

2 Ibid. See Annex 1: “Core Labour Standards and ILO Conventions”

implementing the rest of the fundamental core conventions and novel suggestions which can

help in enforcing the same.

RESEARCH OBJECTIVES: The objectives of this research are outlined below:

a) To thoroughly examine the basic concepts of ILOs Core Labour Standards.

b) To analyze and compare the implementation & ratification strategy of India and China

c) To suggest amenable guidelines to assure a degree of certainty and proper

implementation of Core Labour Standards.

REASEARCH QUESTIONS: The research is based on the following research questions:

a) What are the core labour’s standards prescribed by the International Labour

Organization and why was it prescribed?

b) How many Core Labour Conventions are ratified by India and China and what are the

long term plans and effects of these conventions on these two countries?

c) What is the difference between the ratification strategy of India and China from socio-

communist point of view?

RESEARCH METHODOLOGY: The methodology adopted is purely doctrinal in nature

and the paper undertakes an analytical and investigative research methodology.

Qualitative research aims to gather an in-depth understanding of the subject, it

investigates the hidden and unclear answers of the implementation problems of these two

countries. The present research is done with the help of Primary Resources such as

regulations and notices issued by competent authorities. Secondary sources such as

books, journals & periodicals, speeches, and more were also been referred.

Footnotes have been provided wherever needed, either to acknowledge the source or to

point to a particular provision of law. Uniform Bluebook (19th ed.) citation format has

been followed for footnoting.

Chapter 2: Classification of Core Labour issues and Labour Standards

The core labour issues in the labour market persist due to the limited resources available to

them and the protection against their rights are limited. The labour issues exist mainly in the

under-developing countries as well as developing countries. Though, we can’t not deny on

the fact that labour issues do not exist in the developed countries as well.

There are main core labour issues in the developing as well as developed countries are

discussed as follows:-

a) Exploitation of Child Labour-

Child labour is prevailing in all the nations in the world irrespective of the laws, regulations

are framed by the Government3. Children engage themselves in the labour work, or

commercial work by which they tend to work in the industry for their master even more than

they propose to do. Though, the countries impose laws for compulsory education for the

children and the laws restricting to not work in any enterprises, but these laws and regulations

result in the violation of laws and we can see children engaging themselves and doing manual

works or labour works in the factory. There are exceptions for the family enterprises such as

farming in one’s own parental farm.

Child workers in commercial sector are generally being exploited by covering them under

minimum age requirements and they work there for the maximum hours and even in the night

shifts and those enterprises fix the wages according the minimum wages regulations.

Due to the poverty, children work in the industries, factories (small scale industries) for the

manual work which is very hazardous and harmful for their health. The commercial

enterprises exploit child labour by taking unfair advantage of their lack of knowledge about

the laws and regulations and illiteracy and sometimes poverty. Sometimes, the parents push

their children to work and earn wages for the family’s betterment4.

It is very common in the countries that they make children to engage with labour work since

from the age of 5 years or even before in order to train them about handicrafts, building

construction, municipal works, etc. without paying off them wages or salary5.

b) Bonded labour or slavery

We consider bonded labour or slavery an illegal act throughout the world and nothing to do

about it and hence, it persists in most of the place in the world. Bonded labour can simply be

defined as in order to pay back the debt or repayment of the loan, a person becomes bonded

labourer and renders its labour services in order to fulfill the debt taken though the medium of

mortgage pledged as a security for the non-fulfillment of the debts. This kind of labour is also

known as forced labour because it extends though generations to generations or from parents

to children due to the non-payment of the loan or debts.

This stipulates there is no values of a labour force more than just a slave of a principal per se

3 E.g. the minimum working age in India is 14 years for non hazardous places while 18 for all proper working conditions and in China is 16 years.4 E.g. if economic growth involves an improvement of domestic income, families may decide to send their children to school.5 See World Bank, World Development Report 2000-2001 for data of 1996

and enjoys right over him as a property.

Child or woman trafficking can be considered as slaves when they are forced to work or to

engage themselves in prostitution or other sexual profession. They are first exported to

another country and later on threatened to work in any manner the principal demands6.

c) Prison labour

The prison labour is very prominent throughout the international arena. In this, the prisoners

cannot be asked compulsorily to work but to assess the conditions of the work they are

assigned to and the measures in which their outputs are used.

By this way, the products or the outputs by the prison labours in the Asian countries make

their entry into commercial enterprises and build up their markets through the way of

exporting.

d) Discrimination

Discrimination can be defined as an activity or practice of enabling of different working

conditions related to employment scheme of the labourers, wages for the labourers on the

basis of personal bias and discretion not on the basis of the capabilities they possess or on the

basis of favouritism, such as gender, race, nationality, caste, creed, etc.

This kind of practice is prohibited in all the countries but still exists. Sometimes, they were

enabled by the Government or sponsored by the Government in an order to achieve their

political and economical goals. E.g. Jobs set-asides in Gujarat (India), preferences given to

Hindus only. As a result, complaints were filed about this discrimination and the action was

taken.

e) Absence of bargaining rights

Mostly, workers are not given powers or not so capable to form unions or any kind of labour

associations in order to bargain with their employers over wagers and their working

conditions. Child labourers and employees are prevented it from doing so because the nature

of the labour market or the business they are engaged with is like this. They are restrained

from taking any actions against the market sector.

6 However, an analysis could be necessary to determine which relation exists between child labour and exploitation of children which is precisely the core labour standard.

f) Poor working conditions

In the case of child labour, bonded labours or any employees, the weak and lower standards

of the terms of employment, such as- long hours, day-night shifts, unpaid and forced

overtime or ‘Begar’, hazardous places which cause injury and toxic exposure, lack of

provision of water and sanitation, etc., may lead to the existence of undesirable working

conditions. These conditions are mostly prevailing in the developing countries or poor

countries as well as well developed countries also. A good working condition should persist

by setting good wages and by providing labourers basic amenities required at the place of

work.

Classification of Core Labour Standards

Core Labour Standards represent fundamental rights of a worker, which can be applied

throughout the world anywhere, in all stages of development7. As argued by ILO’s

conference, an international consensus has been made that these fundamental rights should be

globally recognized and protected.8

Core Labour Standards are referred into 4 categories of minimum rights and standards in

International law are regarded to be the most fundamental and impossible of subject to be

transformed or changed human and labour rights which are as follows:-

a) Basic Rights

This incorporates right against automatic subjugation, right against physical intimidation,

right against segregation, right against the misuse of kid work, and so forth. However, every

nation has their own particular social, temperate and moral measures and they have their

enactments which are not uniform as far as tyke work and separation

b) Civic Rights

7 See Convention on Economic, Social, and Cultural Rights (1966); Convention on Civil and Political Rights (1966); See also Convention on Rights of the Child (1989)8 See the social summit of Copenhagen (1995), the ILO declaration on fundamental rights of workers (1998)

This incorporates right to free affiliation, right to aggregate representation or bartering on the

whole over working conditions, right to free articulation of grievances, and so on.

c) Survival Rights

This incorporates right to a living pay, right to full data about the risks employment

conditions, right to mischance remuneration, right to restricted hours and work week, and so

on.

d) Security Rights

This incorporates right against subjective rejection, right to retirement pay, right to survivor's

remuneration, and so forth.

On the other hand, a synopsis of all the Core Labor Standards are quickly clarified as takes

after on which 8 centre principal traditions were approved that I have expressed in the first

place.

Freedom of association and recognition of the right to collective bargaining over the working

conditions-It unequivocally gives assurances to these associations to work without impedance

from open powers. The tradition does not bargain explicitly with the privilege to strike, but

rather in its translation, the Committee of Experts has considered a general forbiddance of

strikes to be a limitation on exchange union action, and as opposed to the tradition's

procurements. There are greatly poor working conditions in numerous production lines

creating for global fare and where exchange unions face huge obstructions to arranging9.

Labourers have the privilege to set up and join exchange unions without earlier approval. In

any case, there is no lawful commitment on managers to perceive exchange unions or to take

part in aggregate haggling10. By and large, bosses are frequently threatening towards

exchange unions and utilization intimidation, dangers, beatings and downgrade. Legitimate

techniques are long and expensive and work examination and authorization of work

enactment are regularly inadequate with regards to, rendering the activity of lawful rights to

9See ITUC online, “We give dignity to domestic workers”, Interview with DWM Project Coordinator Anjali Shukla And Teresa Joseph, 2 April 200710See http://www.imfmetal.org/files/10090711101866/Conference_on_Ratification_ILO_CLS.pdf, retrieved on 05/10/2015 at 08:01 p.m. (N.M.A.)

opportunity of affiliation to a great degree troublesome. Labourers have the privilege to sort

out and aggregate dealing in Export Processing Zones, called Special Economic Zones

(SEZs). By and by, passage into the zones is limited which makes sorting out and exchange

union exercises troublesome in SEZs.11

• Right to eliminate all forms of forced or compulsory labour- It is a significant issue in

each creating nation, and in spite of the fact that projects of activity have been executed,

substantially more stays to be done. There keeps on being an absence of solid measurements,

which is especially hazardous in recognizing the issue's incomprehensibility and in measuring

advancement made in disposal. Reinforced work is pervasive chiefly in agribusiness,

additionally in commercial ventures, for example, mining, block ovens, silk and cotton

creation, and beedi generation12. Trafficking of individuals is pervasive in every one of the

nations whether they are creating and created and the states of work of these trafficked

persons are to a great degree exploitative and include bondage like practices13. Working hours

are long, wages low and frequently withheld, and wellbeing dangers and expenses are

serious".

• Right to abolish all the worst forms of child labour and implementation of minimum

wages of employment- Right to nullify all the most noticeably awful types of tyke work and

execution of least wages of occupation Child work is a matter on which both the focal

government and state governments can administer. Various authoritative activities have been

embraced at both levels. One of them is the Child Labour (Prohibition and Regulation) Act,

198614. This Act forbids the job of kids underneath the age of 14 years in 13 occupations and

57 forms that are unsafe to the kids' lives and wellbeing15. The youngsters make extend

periods of time are paid not exactly the business sector compensation and are presented to

pesticides. Fortified tyke work is a major issue in every one of the nations. Albeit

11 See Shenoy, P.D., Globalization: Its impact on labour in India, RIS paper February 2009, http://www.ris.org.in/Seminar_on_India_Globalization.htm12See Human Rights Watch, Overview of bonded child labour in India, 2003, http://www.hrw.org/reports/2003/india/India0103-02.htm, retrieved on 06/10/2015 at 08.00 p.m. (N.M.A.)13 See http://www.imfmetal.org/files/10090711101866/Conference_on_Ratification_ILO_CLS.pdf, retrieved on 05/10/2015 at 08:10 p.m. (N.M.A.)14 See Global March against Child Labour and ICCLE, Review of Child Labour, Education and Poverty Agenda, India Country Report 200615 Ibid.

predominant in diverse segments and businesses, the silk business gives a critical

illustration16.

• Right to abolish and elimination of discrimination in respect of employment and

occupation -Convention III (1958) gives security against any separation, avoidance or

inclination on the grounds of race, sex and political feeling, 'which has the impact of

invalidating or debilitating equity of treatment'. Singular nations are left a genuinely wide

edge of tact in embracing strategies to battle such separation. The Constitution furnishes a

few procurements with respect to non-separation, including balance in the witness of the law,

rise to insurance under the law, and disallowance of segregation by the State on various

grounds including sex. Extra procurements incorporate correspondence of chance in matters

of open business and no separation in admiration of any vocation or office under the State on

grounds including sex. Besides the State needs to guarantee that subjects have the privilege to

a sufficient method for employment and that there is equivalent pay for equivalent work for

both men and ladies. The State must further endeavour to minimize disparities in salary.

Articles 14 and 15 of the Constitution (balance under the steady gaze of the law and

restriction of segregation on grounds of religion, race, position, sex, or place of conception)

"did not cover private area representatives and that far reaching oppression Dalits, Adivasis

and ladies in the development and angling commercial ventures.17

Chapter 3: Core Labour Standards and Developing countries

The International Labour Code is enshrined in two main instruments: International Labour

Conventions and Labour Recommendations. International Labour Conventions are designed

to be ratified by member states, which thereby agree to implement their provisions

effectively, usually through national legislation, but Labour Recommendations are standards

intended as a guide for national action, frequently supplementing and amplifying the

16 See Human Rights Watch, Overview of bonded child labour in India, 2003, http://www.hrw.org/reports/2003/india/India0103-02.htm retrieved on 06/10/2015 at 08.00 p.m. (N.M.A.)17 See Human Rights Watch, India: Hidden Apartheid of discrimination against Dalits, February 2007, http://hrw.org/english/docs/2007/02/13/india15303_txt.htm retrieved on 06/10/2015 at 08.30 p.m. (N.M.A.)

provisions of Conventions18. ILO member states must report regularly about their

implementation of ratified conventions, these reports being considered by the Committee of

Experts in the Application of Conventions and Recommendations, and by the International

Labour Conference, which meets annually. There is also complaints procedure, which usually

results in a Commission of Enquiry to resolve the matter. In a constantly changing world

environment it has always been difficult for the ILO to maintain an up-to-date labour code,

but the emergence and membership of sovereign states in the Third World has presented a

more serious challenge to the continuing role of labour standards. In a major review of the

Code during the period 1974-80, the ILO's Governing Body identified approximately half of

the conventions and recommendations as 'priority instruments'. Despite these efforts, many

have expressed the view that the labour code has failed to address the most pressing problems

of social and economic development. The Indian Government has recently called on the ILO

to shift its emphasis away from standard setting towards other operational activities

(especially in the employment and training fields), which would be a 'quicker means to

achieving the aims and purposes of the ILO’19.

To some extent, the misgivings of ILO's developing country membership are reflected in the

ratification record. Although the average number of ratifications per state was 34 at the end of

1983, 60 ratifications were recorded per Western European country, while there were only 26

per African country and 20 per country in Asia and the Pacific. But these figures conceal

some interesting detail. The USA, for example, has only ratified 7 conventions, while Mexico

has ratified 65, and India 34. An examination of the human-rights Conventions indicates little

significant difference between the developing and the developed countries. But the

developing countries clearly lag behind in ratifying important conventions on employment

and working conditions. Moreover, questions remain over how effectively the developing

countries implement ratified standards as compared with the developed countries. Three

broad criticisms have been expressed concerning the apphcation of ILO's Labour Code to the

developing countries. First, much of it addresses issues that are not important enough to

countries which place high priority on more rapid socio-economic development and the

alleviation of poverty. According to this view, most ILO standards concern subjects which

can only be properly dealt with when the 'war against want is won'. Second, even when

standards are considered relevant to their priorities, many developing countries regard them

18 See Protecting workers in the third world, Overseas Development Institutes, Briefing Paper, 3September 1985.19 See Government of India, International Labour Standards: A Critical Review Department of Labour, New Delhi 1984.

as too ambitious, given their state of development. Clearly the ILO must strike a balance

between setting the standard high enough so that it can be an agent of social and economic

change, but not so high as to make it out of the foreseeable reach of most member countries.

Third, there are practical difficulties faced by the developing countries in implementing the

standards. They can ill afford the administrative machinery necessary to implement and

supervise labour standards, especially when large numbers of small establishments are

covered by the standard in question. Given these constraints, standards can only be applied to

a section of the workforce, usually in the urban formal sector. They are likely therefore to

increase disparities and create an elite workforce, which would increase, rather than decrease

inequality and social injustice.20

Few generalisations can be made about the relevance, realism and practicality of ILO's

Labour Code. A growing number of countries that have experienced rapid industrialisation

have relatively large proportions of their working population in industry. For these newly

industrialising countries, ILO standards are becoming more relevant. ILO standards relating

to basic human rights are generally regarded as universal in application, regardless of level of

development21. Yet many complaints lodged through ILO procedures deal with violations of

these rights, especially the freedom of association for trade union purposes. Several

developing countries (e.g. Brazil, Chile, Malaysia, Pakistan and Singapore) have placed

restrictions on trade union activity which, to varying degrees, violate the freedom of

association in practice. In some, trade unions are repressed and their leaders imprisoned. I LO

is faced with a growing list of complaints over violations of freedom of association, which it

views with some apprehension22. Similarly, ILO standards on conditions of work, and health

and safety aspects are held to be applicable regardless of the level of development. Recent

Tragedies in Bhopal (India) and Mexico have highlighted the need for increased vigilance,

especially in the developing countries. ILO's recent World Labour Report notes that while

use of known toxic substances (such as carbon disulphide and asbestos) has declined in the

developed countries, their use has increased in the developing countries. Not surprisingly, the

Report shows that the rate of fatal accidents in industry is several times higher in developing

countries than in developed countries, where it is declining. Yet, some developing-country

governments have expressed the view that 'too strict a requirement imposed on occupational

20 See also, The Global Labour Standards Controversy, Critical issues for developing countries, Ajit Singh and Ann Zammit, November 2000.21 Ibid.22 Ibid

health and safety measures may not encourage inflow of capital especially from

transcontinental corporations23.

Another group of ILO standards present more difficulties to the developing countries,

because their implementation is more closely related to the level of overall development, and

the underlying socio-economic structure. Included in this group are standards relating to

hours of work, minimum wages, child and female labour, night work and social security.

While these issues arouse concern among workers' organisations, especially in the developed

countries, legislative changes in the developing countries are unlikely to be effective, in the

absence of complementary socio-economic development.

In remaining faithful to the philosophy of its founders who maintained the universality of

standards, the ILO has resisted proposals to 'regionalise' the code, but has so far not

succeeded in deriving a satisfactory and practical definition of basic standards which would

be applicable to all countries. Differences in national conditions and levels of development

have instead been taken into account by the inclusion of 'flexibility' devices built into various

standards in the Labour Code. These include the possibility of ratifying conventions in part or

in stages, limitations on the scope of application of a convention, and 'escalator' clauses,

permitting a gradual increase in the level of protection. Given these flexibility arrangements,

the ILO maintains that, 'by and large, the ratification record indicates that the existing

conventions are neither beyond the reach of the developing countries nor devoid of interest

for the more advanced countries’24. However relatively few countries have taken advantage of

these arrangements and concern has been expressed at recent International Labour

Conferences that flexibility will undermine the role of standards as obligation creating

instruments, and as stimuli to improving working conditions.

Chapter 4: Comparative Analysis on Core Labour Standards in India and China

International Trade Union Confederation (ITUC) directs compliance with the core

conventions for labor standards and trade policy in general, and forms country reports to the

World Trade Organization (WTO) to be used in discussions in the WTO Council.

23See Statement by representative of Ministry of Labour and Manpower, Government of Malaysia, reported in ILO/ARPLA, Developing Countries and ILO Standards, Bangkok, April 1983.24See ILO, The Impact of International Labour Conventions and Recommendations Geneva 1976.

Position in India:

India has ratified four out of eight core conventions which are mentioned as follows25:-

1. Convention 29, forced labour, 1930, relating to the suppression of forced labour;

2. Convention 105, the abolition of forced labour, 1957;

3. Convention 100, equal remuneration, 1951 (equal remuneration for men and women for

work of equal value);

4. Convention 111, discrimination (employment and occupation), 1958 (to promote

equality of opportunity and treatment in respect of employment and occupation);

India has not ratified ILO Convention No. 87 on Freedom of Association and Protection of

the Right to Organise or Convention No. 98 on the Right to Organise and Collective

Bargaining. The rights to organise, collective bargaining and strike are restricted both in law

and in practice. The authorities do not always respect the right to peaceful assembly and

thousands of detentions and arrests are reported every year. Anti-union discrimination takes

place and many workers have faced threats and violence in their efforts to unionise or call a

strike. In export processing zones, organising is particularly difficult. India has ratified ILO

Convention No. 100 on Equal Remuneration and Convention No. 111 on Discrimination

(Employment and Occupation). Although the law prohibits discrimination on various

grounds, certain groups face discrimination in employment. There is a considerable gender

pay gap. India has not ratified ILO Convention No. 138, the Minimum Age Convention or

Convention No. 182, the Worst Forms of Child Labour Convention. The law does not

sufficiently protect children from forms of labour that are illegal under those Conventions.

The laws are not enforced adequately and child labour, including its worst forms, is

prevalent. India has ratified ILO Convention No. 29, the Forced Labour Convention and

Convention No. 105, the Abolition of Forced Labour Convention. Forced labour and

trafficking in human beings are prohibited by law. However, forced labour is a problem in

agriculture, mining, commercial sexual exploitation, and other sectors.

Position in China:

China has ratified four out of eight core ILO labour conventions.26 25 See also http Labour Standards,://www.ilo.org/global/standards/lang--en/index.htm (Last visited 06/10/ 2015, 09:50 p.m. (N.T.M) )26 Ibid.

1. Convention 100, equal remuneration, 1951 (equal remuneration for men and women

for work of equal value);

2. Convention 111, discrimination (employment and occupation), 1958 (to promote

equality of opportunity and treatment in respect of employment and occupation);

3. Convention 138, minimum age, 1973 (for the abolition of child labour the condition is

that the minimum age for admission to employment or work shall be not less than the

age of completion of compulsory schooling (normally not less than 15 years);

4. Convention 182, worst forms of child labour convention, 1999

China has not ratified either of the core ILO Conventions on freedom of association and

collective bargaining. Workers do not have the right to organise in trade unions of their

choice. Legal trade unions have to be affiliated to the ACFTU and accept its control.

Although there have been some efforts to establish collective wage consultation systems, the

right to collective bargaining is restricted as is the right to strike, both in law and in practice.

The lack of proper representation is reflected in the number of protests and labour disputes

that have been rising over the years. Under extensive state secrets legislation it is a crime to

publish unofficially sanctioned data, even on national strike figures or unemployment

numbers, resulting in a lack of official public data on labour related issues. China has ratified

the core ILO Conventions on equal remuneration and discrimination. Discrimination is

prohibited by law but in practice, while there is an absence of gender segregated data, clearly

it is prevalent. Women, ethnic minorities and persons who live with HIV/AIDS and Hepatitis

B frequently suffer from discrimination in remuneration and in access to employment,

education and public services. Institutionalised discrimination against migrant workers from

rural areas remains a serious problem, despite recent legislation.

China has ratified the core ILO Convention on the worst forms of child labour and the ILO

Convention on minimum age. Child labour, although prohibited under the age of 16, is a

serious problem in China. Children are sometimes employed under forced conditions or

performing the worst forms of child labour. Law enforcement officers often fail to apply the

law effectively. Work-study programmes, run under school auspices, frequently result in

forced child labour. China has not ratified the core ILO Conventions on forced labour. Forced

labour is prohibited in China but does occur in commercial enterprises. There is forced prison

labour in the form of “re-education through labour camps”, including prison labour by

children. Progress in prosecuting traffickers and in protecting and assisting victims of

trafficking, which affects women, men and children, has been limited so far.

Comparative analysis between the core labour standards of China and India

The integration of China and India into the world economy has had an important impact on

the world’s labour market. The redistribution of global industry, resulting from increased

competition for capital, has heightened attention to Indian and Chinese labour standards.

Mandatory day of rest

In both India and China, National Labour laws require employers in all categories to provide

a day of rest during the week.27 Indian state laws confirm the mandatory day of rest. All of

the states in this report have a 6-day week; apart from West Bengal where 1.5 days of closure

are required by law.28 Chinese provinces show no variation. In both countries, if an employee

is requested to work on his/her scheduled days of rest, compensation by an alternate day of

rest should be provided. In China, a wage premium of 200% is required according to Article

44 of the Labour Law29.

Working hours

In India, national laws and every one of the states in this report restrain the consistent week's

worth of work to 48 hours. Indian state laws are however particular as to the way in which

these work hours may be alloted, by characterizing most extreme hours every day, greatest

hours without rest, and the most extreme aggregate spread of hours inside which work and

rest must be incorporated. Indian work laws for the most part force a prohibition on night

work for ladies, albeit a few states, for example, Karnataka and Andhra Pradesh, have lifted

this boycott for endeavors in data innovation30. Tamil Nadu has no prohibition on night work

for ladies in its shops and business foundations.31

27 For India, see Mines Act, 1952, No. 35, Acts of Parliament, sec. 28, 1952, or Factories Act, 1948, No. 63, Acts of Parliament, sec. 52, 1948; for China, Laodong Fa (promulgated by the Standing Comm. Nat’l People’s Cong., Jul. 5, 1994, effective January 1, 1995), arts. 41-42, 1994(PRC) available at http://trs.molss.gov.cn/was40/mainframe.htm .1994[hereinafter Labour Law]28 See West Bengal Shops and Establishment Act, 1963, No. 13, West Bengal Acts, Sec. 5, 1963.29 Ibid.30See Women journalists can work on night shifts, Hindu, May 11, 2007, available at http://www.hindu.com/2007/05/11/stories/2007051108570400.htm., retrieved on 06/10/2015 at 02.30 a.m.31See Tamil Nadu Shops and Establishments Act, 1947, No. 36, Tamil Nadu Acts, 1947.

Chinese work law stipulates that standard working periods might not surpass eight hours in

one day and 44 hours in a week all things considered32. One year after this law became

effective, the State Council issued a declaration on hours of work, which gives that the

aggregate hours worked in one week might not surpass 40, with the exception of as generally

gave. This change aligns China with worldwide standards.33

Overtime

Both nations restrict the measure of extra time that is conceivable, and both administer that

any additional time ought to be remunerated with a compensation premium.

In India, none of the states has a summed up restriction on obligatory extra time. They take

note of that businesses may oblige representatives to work in overabundance of consistent

hours, for times of stock-taking or record arrangement. On the other hand, as far as possible

the hours of additional time conceivable on a given day, a given week or over a more drawn

out period. Government laws, for example, the Factories Act and the Mines Act require a

100% pay premium for any extra minutes work done. 34

In China, a business may require a worker to work in overabundance of his/her typical

calendar after counsel with the exchange union and the representative. Extra minutes ought

not surpass one hour for every day when all is said in done and be close to three hours for

each day if such additional time is because of particular reasons and under the condition that

the worker's soundness is ensured. Accordingly, China has no summed up restriction on

required extra time. All things considered, extra minutes ought not to surpass 36 hours in one

month. These principles representing additional time can be suspended so as to manage

extraordinary cases, for example, to guarantee the proceeded with conveyance of key open

administrations and to complete earnest repair work to the business' gear35. The extra time

rate of pay ought to be no fewer than 150 for every penny of the representative's customary

compensation rate for all hours that surpass the standard hours of work (eight hours a day and

40 hours a week).36 The national standard of additional time premium has been reaffirmed by

32Ibid Labour Law, Art 3633See Guowuyuan guanyu Xiugai Guowuyuan Guanyu Zhigong Gongzuo Shijian de Guiding de Jueyi[State Council Regulations on Staff and Worker’s Hours of Work], (promulgated by the St. Council, Feb. 17, 1995, effective May 1, 1995), Art. 3, 1995 (P.R.C), available at http://www.people.com.cn/item/flfgk/cyflfg/c021.html , retrieved on 06/10/2015 at 03.00 a.m.34 See Mines Act, supra note 32, Sec. 33; Factories Act,supra note 32, Sec. 5935 See Labour Law, supra note 32, Arts. 41-4236 Ibid.

all the common regulations on installment of wages that have gone in the most recent five

years.

Annual leave

India and China both require that businesses furnish representatives with get-away. Grown-

ups working in Indian processing plants are permitted one three day weekend for each twenty

they work37 Indian states in this report assurance somewhere around two and three standard

weeks of paid yearly leave for workers at foundations The compensation substitution rate

differs between the pay rates at the day going before leave, to the day by day normal pay rate

for the first three months (barring additional time pay). While most states require that the

representative give a sure time of sufficient notification and that the worker have a sure time

of residency at the business, frequently 240 days, Bihar's law naturally precludes any worker

who has been included in an illicit strike from access to yearly leave amid the year.38 Indian

states don't by and large determine whether gathered forget may be paid in comparable wages

rather, albeit a few states require this pay if a worker is rejected. Andhra Pradesh permits a

worker to money up to eight days of any collected annual leave.39

While in China, by correlation, yearly leave is ensured under the Regulations on Paid Annual

Leave for Staff and Workers. Then again, the term of leave permitted is fixed to rank.

Representatives who have worked over one year and under 10 years are qualified for five

days of yearly leave. The individuals who have worked no less than 10 years yet under 20

years are qualified for 10 days. At long last, representatives are qualified for 15 days once

they have worked for no less than 20 years40. In the event that a business can't orchestrate a

worker to take annual leave in view of work environment requests, then the business may

continue the untaken leave to the next year, yet this may just be done once. By and by, if the

representative concurs, a Chinese manager may pay a specialist 300 percent of the worker's

day by day wage for every day of yearly leave collected yet not taken.

37 See Factories Act,supra note 32, Sec. 79. 38 See Andhra Pradesh Shops and Establishments Act, 1988, No. 20, Andhra Pradesh Acts, 1988. 39 Ibid.40 See Zhigong Daixin Nianxiujia Tiaoli[Regulations on Paid Annual Leave for Staff and Workers] (promulgated by the St. Council, Dec. 7, 2007, effective January 1) Art. 3, 2007 (P.R.C.), available at http://trs.molss.gov.cn/was40/mainframe.htm , retrieved on 06/10/2015 at 03.30 a.m.

Sick leave/ Wiped out leave

In India, paid wiped out leave is ordered broadly through the Employees' State Insurance Act.

It is presently just relevant to representatives winning not as much as Rs. 10,000/month in

specific foundations and in certain (basically urban) regions of most states, however it doesn't

yet apply to any place in Arunachal Pradesh, Manipur, Mizoram, Nagaland, Sikkim or

Tripura. The advantages are half pay for a most extreme of 91 days of wiped out leave in one

year. The same demonstration requires the installment of sums to balance the expense of vital

medicines for the representative and his/her reliant crew. Toward the end of March 2006, the

plan secured around 8.4 million Indian specialists and their families.41

State debilitated or sick leave laws apply just to the shops and business foundations they

cover, and not the expansive governmentally directed commercial enterprises. Maharashtra is

the main state where wiped out leave is not unequivocally said in state law. Himachal

Pradesh has an extra law that amplifies wiped out and easygoing leave advantages to

mechanical foundations that are generally secured by government rules in such matters. 42

Chinese work law alludes to the privilege to debilitated leave by stipulating that a worker

might not be rejected in the term of statutory wiped out leave.48 In 1994, the MOHRSS

proclaimed point by point rules for wiped out leave, giving that a representative is qualified

for take paid wiped out surrender over to a greatest of three months to twenty four months,

contingent upon the length of their working life and the period they have served the present

manager43. The rate of pay installment for a representative on wiped out leave might be no

under 80 for every penny of neighborhood the lowest pay permitted by law. 44

Discussion

Our data provides a systematic overview of standards governing working conditions in a

wide variety of economic contexts within both India and China. We believe that our research

demonstrates that both countries, perhaps contrary to popular perception, have legislated

many important aspects of a floor of labour conditions. One of the greatest concerns raised 41 Employees’ State Insurance Act, 1948, No. 34, Acts of Parliament, 1948, available at http://esicdelhi.org.in/esiact.php. retrieved on 06/10/2015 at 03.30 a.m.42 Ibid.43 Qiye Zhigong Huanbin huo Feiyingong Fushang Yiliaoqi Guiding [Regulations on Period of Sick and Non-Industrial Injury Leave for Enterprise Workers] (promulgated bythe Ministry of Labour, Dec. 1, 1994, effective January 1, 1995), Art. 3, 1994 (P.R.C.), available at http://trs.molss.gov.cn/was40/mainframe.htm retrieved on 06/07/2015 at 03.45 a.m.44 Guanyu Guanche Zhixing (Zhonghua Renmin Gongheguo Laodong Fa) Ruogan Wenti de Yijian [Opinions on Several Issues Concerning the implementation of the Labour Law of the People’s Republic of China] (promulgated by Ministry of Labour, Aug. 4, 1995, effective August 4, 1995), Art. 59, 1995 (P.R.C.)available at http://trs.molss.gov.cn/was40/mainframe.htm retrieved on 06/07/2015 at .4.00 a.m.

regarding globalisation is that increasing competition from countries with low labour

standards could have an adverse effect on working conditions around the world. While there

are minor differences between India and China on a number of fronts in the substance of the

standards, there are a great number of commonalities in how the legislated norms indicate

employees in the respective jurisdictions should be treated.

Comparison of standards

Overall, India fails to meet the 1962 Reduction of Hours Recommendation of the ILO69,

which suggests that countries work to bring down their weekly hours from 48 hours to 40. In

contrast, China has achieved this goal in a very short time. Most Indian women are legislated

away from night work even beyond the requirements of the ILO's Night Work (Women)

Convention from 194870, whose benefits are not available to Chinese women. Workers in

many Indian states and Chinese workers whose working life is less than 20 years also fail to

benefit from the ILO's revised 1970 Holidays with Pay Convention of three-week annual

leave. Indian employees covered by the federal ESI Act are protected by the ILO's special

recommendations for countries without advanced medical facilities, with a sickness benefit of

13 weeks as detailed in the 1952 Social Security (Minimum Standards) Convention.71

However, states fall short with their sick leave standards, while Chinese provinces perform

much better. India's inability to extend protection to large portions of its workforce also

hampers its ability to meet the requirements of the Convention.

Comparison of legal frameworks

China’s standards are a relatively recent development and demonstrate a single overarching

approach to all employment contracts in the country. India’s laws, however, date from much

earlier, reflecting the standards deemed suitable in the immediate post-independence period.

The Indian approach to labour law is much more piecemeal, covering different industries and

sectors through different laws. This patchwork method of legislation contributes in part to

the vast sectors of Indian labourers who fall through these regulatory gaps, depending on

such factors as the size of the establishment of their employment, or their jurisdiction of

employment as well.

These differences are compounded by the governance systems of each country. The unitary

system in China provides a uniform blanket of regulation across the country, which provinces

may alter only slightly. In India, although the basic principles remain standard throughout

the country, the joint constitutional jurisdiction over labour makes the details of norms quite

diverse. This system has an impact on transparency in Indian law, as it makes it more

difficult to know which laws apply in which instances compared to China.

Chapter 5: Conclusion and Suggestions

Workers have the right to organize and collective bargaining, but employers are not obliged

to recognize a union or to enter into collective bargaining, and high representation levels are

required to form a union. Public sector workers are restricted in their rights to organize and to

collective bargaining. The right to strike is restricted through prior notice and the Essential

Services Maintenance Act. Current proposals for amendments to the labour legislation would

further restrict trade union rights. There has been an increase in contract labour, and there is a

general repression of freedom of association, varying from state to state, which has included

police violence. Discrimination in employment and wages is prohibited, however there are a

number of legal shortcomings and in practice discrimination in employment and wages is

common. Women are mainly employed in agriculture and in the informal economy. Women

are also underrepresented in public sector employment and earn less than men. There is

serious discrimination regarding employment and wages of Dalits, who are employed in the

most exploitative forms of labor. Forced labour is prohibited by law but does occur in the

form of trafficking of persons for the purpose of labour or forced prostitution. There is a

widespread problem with bonded labor. Enforcement and sufficient penalties are often

lacking

Hence, India and China are moving towards improving government transparency, but the

more recent Chinese experience with labour law reform suggests the importance of analysing

the value of a uniform legal code, in contrast to India’s current legal structure. The different

governance systems in both countries also highlight the impact of decentralisation in the

maintenance and implementation of labour standards. In addition, a review of the histories

of labour law development in each country would highlight the social conditions that are

most propitious for the creation of decent working conditions in contrasting social, economic

and political contexts that nonetheless lead to converging results. These future directions in

understanding labour policies that cover one-third of the world would elucidate questions that

remain on how to protect workers globally through good and bad economic times.

BIBLIOGRAPHY:

List of Important Books Referred:1. Dr. H.K.Saharay, Textbook on Labour & Industrial Law, 6th edition,

Universal Law Publishing Co. Private Limited, New Delhi, 2014.

2. S C Srivastava, Industrial Relations & Labour Laws, 6th revised edition,

Vikas Publishing House Private Limited, Noida, 2014.

3. Prof.K.M.Pillai, Labour & Industrial Laws, 16th edition, Allahabad Law

Agency, Haryana, 2015.

4. H.L.Kumar, Labour Laws (Everybody Should Know), 10th edition, Universal

Law Publishing Co. Private Limited, New Delhi, 2015.

5. P.L.Malik’s Handbook of Labour & Industrial Law, 15th edition, Eastern

Book Company, Lucknow, 2014.

Lists of important websites referred:1. Labour Standards, http://www.ilo.org/global/standards/lang--en/index.htm (Last

visited September 13, 2015, 09:50 p.m. (N.T.M) )

2. Ratifications of ILO conventions, http://www.ilo.org/dyn/normlex/ ((Last visited

September 13, 2015, 09:55 p.m. (N.T.M) )