Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Labour Inspection Convention, 1947 (No. 81) - India (Ratification: 1949)

Other comments on C081

Observation

Direct Request

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Articles 2, 4 and 23 of the Convention. Labour inspection in the information technology (IT) and IT-enabled services (ITES) sectors. In its previous comments, the Committee noted the Government’s indication that very few inspections had been carried out in the IT and ITES sectors, and that despite reiterated requests, the Government had not provided the detailed information necessary to make an assessment of the effective application of the labour legislation IT and ITES sectors.

The Committee notes the information provided by the Government to the Committee on the Application of Standards (CAS) in 2017 that no separate statistics are maintained for the IT and ITES sectors. The Committee also notes the Government’s reference to efforts to improve data collection system, which it hopes will enable the production of separate statistics in the future. The Committee requests the Government to provide detailed information on the progress made with respect to measures taken to improve the data collection system regarding all sectors.

Article 4. Organization of the labour inspection services. Responsibility for labour inspection at the central and state levels. The Committee notes that the CAS, in its 2017 conclusions, requested the Government to provide detailed information, including statistical information to this Committee, on the division of the responsibility of labour inspection between the State and central spheres for each law and regulation enforceable by inspectors. The Committee notes that the Government provides information in relation to 23 Acts identifying whether the control of application of these Acts falls within the responsibility of authorities at the central or state levels. The Committee also notes from the information provided by the Government that at the central level, there are three main inspection services under the Ministry of Labour and Employment, namely the Chief Labour Commissioner, the Directorate General Factory Advice Service and Labour Institute, which is responsible for occupational safety and health, and the Directorate General of Mines Safety. At the level of the states, the different factory inspectorates under the State Labour Departments are responsible for labour inspection. The Committee takes note of this information.

Articles 12(1)(a) and (b), and 18. Free access of labour inspectors to workplaces. The Committee notes that in response to its request, the Government refers in its written information provided to the CAS in 2017 to various pieces of legislation outlining the powers for labour inspectors. The Government refers to legislation that specifies that labour inspectors are public servants, and indicates that pursuant to the Penal Code, preventing any public servant from discharging his duty is a criminal offence (section 353). The Committee also notes the Government’s indication that there are no cases in which labour inspectors have not been able to access workplaces, and that they may request the assistance of the police in case they are denied access. The Committee requests the Government to provide further information on any cases where police assistance was requested by a labour inspector or was necessary in order for a labour inspector to access a workplace, indicating the number of cases brought in that respect under section 353 of the Penal Code for obstructing labour inspectors in the performance of their duties, and the penalties applied.

[The Government is asked to reply in full to the present comments in 2018.]