Social Dialogue Report 2024

1. In December 2024, the International Labour Organisation (ILO) published its Social Dialogue Report.
2. It emphasizes the importance of governments protecting fundamental workers' rights, particularly the freedom of association and the right to collective bargaining (negotiating work conditions collectively with employers).

Key Findings and Recommendations

1. Decline in Labor Rights (2015-2022): Between 2015 and 2022, countries saw a 7% drop in compliance with the freedom of association and right to collective bargaining.

1. This decline has been driven by increased violations of fundamental rights, affecting employers, workers, and their representative bodies.

2. Importance of Peak-Level Social Dialogue (PLSD): The report emphasized the need for Peak-Level Social Dialogue (PLSD), which involves governments, employers, and workers coming together to discuss labor and social policies.

1. PLSD includes two forms of dialogue:
   • Bipartite Dialogue: Between employers and workers.
   • Tripartite Dialogue: Involving the government as well.
2. PLSD enables countries to pursue economic development together with social progress, aligning with the goals of the United Nations 2030 Agenda for Sustainable Development for a more inclusive and sustainable future.

3. Improvement of National Social Dialogue Institutions (NSDIs): The ILO encouraged countries to strengthen their social dialogue institutions by providing better resources and technical support, ensuring more effective participation in labor discussions.
4. Role of Social Dialogue in Economic Development: Social dialogue is seen as a key tool for balancing economic development with social progress.

1. The ILO emphasizes that social dialogue plays a crucial role in ensuring fair transitions during the economic shifts caused by technological advancements, climate change, and demographic changes.
2. This dialogue helps manage the low-carbon and digital transformations of economies effectively.

5. Impact on Civil Liberties and Bargaining Rights: The report attributes the deterioration to rising violations of basic civil liberties and the bargaining rights of both employers and workers.
6. Social Dialogue as a Catalyst for Development: The ILO argues that social dialogue can play a crucial role in achieving economic growth while ensuring social justice.

1. It also highlights the importance of dialogue in promoting inclusive transitions toward low-carbon and digital economies.

Role of Trade Unions in Emerging Sectors

1. Unlike traditional industries such as manufacturing, public utilities, and conventional financial sectors like banking and insurance, establishing trade unions in modern and emerging sectors is significantly more challenging.
2. IT employees are often perceived as not requiring unions due to: competitive salaries, favourable work environments, mechanisms to address grievances
3. These factors encourage loyalty to their employers and the industry. If these conditions are violated, employees leave (exit) because they possess in-demand skills, resulting in high labor turnover.
4. Employees typically avoid collective bargaining, strikes, or legal action due to societal stigma and instead either remain silent (loyalty) or resign.

Framework Governing Labour in India

Constitutional Framework

1. Concurrent List: Labour laws fall under the Concurrent List, empowering both Central and State governments to enact laws, with some matters reserved for the Centre.
2. Judicial Interpretation: In Randhir Singh vs Union of India, the Supreme Court emphasized that "Equal pay for equal work" is not explicitly defined in the Constitution but is a goal supported by the following articles:

1. Article 14: Ensures equality before the law and equal protection under the law within India.
2. Article 16: Guarantees equal opportunities in public employment.
3. Article 39(c): Advocates for an economic system that prevents wealth concentration and promotes societal welfare.

Legislative Framework

1. The government has introduced several legislative measures to improve work conditions and streamline labor laws.
2. Labour Codes: The latest initiative is the consolidation of labor laws into four comprehensive labor codes, pending implementation:

1. Code of Wages, 2019
2. Industrial Relations Code, 2020
3. Social Security Code, 2020
4. Occupational Safety, Health, and Working Conditions Code, 2020

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What is Freedom of Association? Freedom of association is a fundamental right that supports all other efforts towards improving living and working conditions. Right to Peaceful Assembly and Association: The right to peaceful assembly includes organizing events, meetings, sit-ins, strikes, rallies, protests, and demonstrations, both offline and online. It grants individuals the ability to come together to express, promote, defend, and pursue common interests. This right also covers the ability to form trade unions, allowing collective bargaining for workers' rights. Legal Framework: The Universal Declaration of Human Rights (Article 20) guarantees the right to freedom of peaceful assembly and association. These rights are further protected by International Labour Organisation (ILO) conventions, which also safeguard the right to form and join trade unions. Case Study: Rajasthan A case study from Rajasthan, India highlighted the introduction of the Platform-Based Gig Workers (Registration and Welfare) Bill. This bill led to the creation of the Rajasthan Platform-Based Gig Workers Welfare Board, tasked with overseeing the welfare of gig workers such as drivers and delivery personnel. The board is composed of 12 members: 6 from the government and 6 representing gig workers, aggregators, and civil society.