Browsing by Subject "Collective Bargaining"

With the expansion of globalization and its impact on labour markets across the globe, which has put workers in a more vulnerable position, the ILO's legislative efforts aim to consolidate labour rights into international standards. In this thesis, we examine the challenges involved in the ratification of ILO Conventions, particularly No. 87 and No. 98 on collective labour rights by China and India, in their distinct legal, political, and economic contexts. The study critically compares the national frameworks and real-world practices in these two countries with the rights enshrined in ILO conventions. The thesis begins with an overview of the legislative frameworks that govern collective labour rights internationally. Then, it evaluates China and India’s stance regarding the ratification of these conventions, highlighting the strong political and economic reasons that influence their stance, labour laws, and practices. For instance, the political nature of trade unions in India and the dominant role of the government and centralized trade union system in China. The thesis includes an overview of the barriers that hinder the ratification of these conventions or, otherwise, the effective implementation of freedom of association, collective bargaining, and the right to strike in both countries, such as the differences between legislation and its enforcement and how economic priorities affect workers' rights. Finally, the thesis emphasizes the need for ongoing international dialogue and cooperation between countries and the ILO, as well as clear and inclusive legal reforms in each country based on the recognized challenges and barriers, in a way that balances their national interests with international labour standards to ensure a fair and just future for workers in the global economy.