Strengthening of enforcement machinery by way of increasing the manpower, improving infrastructure, etc. is essential for effective implementation of labour laws. At present the ratio of enforcement officer to industrial establishment is very low. Over the years the number of Acts, number of establishments and number of workers have increased manifold. The Working Group, therefore, suggests a complete review of the strength of the enforcement machinery. Creation of an All India Service for labour administration to provide professional experts in the field of labour administration, autonomous bodies and labour adjudications could help. This could be accompanied with well laid out institutional mechanisms for up gradation of skills, induction of greater professionalism, introduction of performance assessment parameters and well defined incentives and disincentives for officers dealing with enforcement of labour laws.
The Working Group also felt that proper enforcement of labour laws can be done through the vigil of trade unions. Collective bargaining process should increasingly be relied upon for resolution of labour disputes. Holding LokAdalats should also be encouraged to enable faster disposal of cases. In addition to codification and simplification of Labour Laws it is also suggested for creating online single window system for making compliance as user friendly, simple and for bringing transparency. Employers can seek the registration, license etc. online and can also file returns etc. online.
International labour law: Since the industrial revolution the labour movement has been concerned how economic globalization would weaken the bargaining power of workers, as their employers could move to hire workers abroad without the protection of the labour standards at home. The International Labour Organization and the World Trade Organization have been the primary focus among international bodies to reform labour markets. Conflict of laws issues arise, determined by national courts, when people work in more than one country, and EU law has a growing body of rules regarding labour rights.
International Labour Organization
Following World War One, the Treaty of Versailles contained the first constitution of a new International Labour Organization founded on the principle that “labour is not a commodity”, and for the reason that “peace can be established only if it is based upon social justice”. The primary role of the ILO has been to coordinate principles of international labour law by issuing Conventions, which codify labour laws on all matters. Members of the ILO can voluntarily adopt and ratify the conventions by enacting the rules in their domestic law. For instance, the first Hours of Work (Industry) Convention, 1919 requires a maximum of a 48 hour week, and has been ratified by 52 out of 185 member states. The UK ultimately refused to ratify the Convention, as did many current EU members states, although the Working Time Directive adopts its principles, subject to the individual opt-out. The present constitution of the ILO comes from the Declaration of Philadelphia 1944, and under the Declaration on Fundamental Principles and Rights at Work 1998 classified eight conventions as core. Together these require freedom to join a union, bargain collectively and take action (Conventions Nos 87 and 98) abolition of forced labour (29 and 105) abolition labour by children before the end of compulsory school (138 and 182) and no discrimination at work (Nos 100 and 111). Compliance with the core Conventions is obligatory from the fact of membership, even if the country has not ratified the Convention in question. To ensure compliance, the ILO is limited.