Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the detailed information supplied in the Government’s first reports. It requests the Government to provide further information on the following points.

Article 4(c) of the Convention.  The Committee notes that by virtue of section 49(1) of the Industrial Relations Act, 1973, and section 3(1) of the Occupational Safety, Health and Welfare Act, 1988, part-time workers are guaranteed the same protection as comparable full-time workers in matters of trade union rights and occupational safety and health. The Committee would appreciate receiving additional information on measures taken or envisaged to ensure that part-time workers receive the same protection as that accorded to comparable full-time workers in respect of discrimination in employment and occupation in accordance with the requirements of the Convention in this respect.

Article 8(2), (3)(b) and (4). The Committee notes that the prescribed salary thresholds under which contributions are not payable to the National Pensions Scheme are Rs.419 monthly for household workers and Rs.699 monthly for all other workers. It notes the Government’s statement that these thresholds are low, thereby allowing a household worker performing a minimum of 15 hours of work per week or an unskilled worker in the export processing zone performing a minimum 25 hours of work per week to be covered by the Scheme. The Committee also notes that the prescribed salary thresholds are normally reviewed every two years and increased in line with the consumer price index. The Committee requests the Government to make an effort to establish the precise number of part-time workers who are currently excluded from the National Pensions Scheme with a view to ensuring that these workers do not represent an unduly large percentage of part-time workers. It also requests the Government to indicate whether consideration is given, in consultation with the most representative employers’ and workers’ organizations, to the progressive extension of protection to the workers excluded as set forth under this Article of the Convention.

Part V of the report form. The Committee notes that according to the information supplied by the Government, part-time work is not pronounced and it mainly manifests itself in households. In the course of labour inspection visits, 203 cases of part-time work were reported while the number of part-time workers in the public sector is 266. The Committee would be grateful to the Government for continuing to provide general information concerning the application of the Convention in practice, including extracts from inspection reports containing the number and nature of infringements reported and the penalties imposed, the number of workers covered by relevant legislation and any other particulars bearing on the fulfilment of the practical conditions prescribed by the Convention.