ILO-en-strap
NORMLEX
Information System on International Labour Standards
NORMLEX Home > Country profiles >  > Comments > All Comments

Display in: French - Spanish

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.
Repetition
The Committee notes the observations submitted by the Centre of Indian Trade Unions (CITU), received on 22 January 2019. The Government is requested to provide its comments in this respect.
Articles 2 and 5 of the Convention. Effective tripartite consultations. In its 2017 direct request, the Committee requested the Government to provide information on the content and outcome of the tripartite consultations held on the matters concerning international labour standards covered under Article 5(1) of the Convention. The Committee welcomes the detailed information supplied by the Government in its report regarding tripartite consultations held with the social partners from 2015 to 2018 on the matters covered by the Convention. The Government indicates that consultations were carried out with the social partners in writing on a number of questionnaires concerning items on the agenda of the International Labour Conference (Article 5(1)(a) of the Convention). Tripartite consultations were also held on 10 January 2017 in relation to the submission of the Transition from the Informal to the Formal Economy Recommendation, 2015 (No. 204), and the Employment and Decent Work for Peace and Resilience Recommendation, 2017 (No. 205), pursuant to Article 5(1)(b). With regard to tripartite consultations concerning the possible ratification of ILO instruments, the Government indicates that the 38th Session of the Tripartite Committee on Conventions (CoC) was held on 10 January 2017, under the Chairmanship of the Secretary of the Ministry of Labour and Employment. Members of all central trade unions and employers’ organizations participated in these meetings along with representatives of state governments and central ministries (Article 5(1)(c)). The Committee notes with interest that, after agreement was reached in the CoC, the Government ratified the Minimum Age Convention, 1973 (No. 138), and the Worst Forms of Child Labour Convention, 1999 (No. 182), on 13 June 2017, after modifying the Child Labour (Prohibition & Regulation) Act, 1986, (Article 5(1)(c)). The Government also provides information on tripartite consultations held through 2017 on reports to be made to the ILO in relation to Article 22 reports (Article 5(1)(d)), as well as on consultations held during the reporting period on the abrogation and withdrawal of certain instruments. The Committee notes that, in its observations, the CITU maintains that the Government has failed to comply with its obligations pursuant to the Convention. The CITU observes that the Indian Labour Conference, a tripartite structure at the national level, had previously been held annually, with a tripartite standing committee meeting in between the ILCs. The Government has not held the 47th Indian Labour Conference despite calls from the central trade union organizations to do so. The CITU also alleges that the Government has failed to implement important decisions unanimously adopted in the 44th, 45th and 46th Indian Labour Conferences. With regard to the ratification and implementation of ILO Conventions and Recommendations, the CITU observes that meetings of the CoC were previously held twice a year, but no meetings have been held since 10 January 2017 and decisions reached in the meeting have not been implemented. The organization adds that, at the last CoC meeting, the Labour Secretary undertook to continue to hold meetings of the CoC at least twice a year, but no further meetings have been called. The Committee recalls that Article 5(2) of the Convention states that, in order to ensure adequate consideration of the matters referred to in Article 5(1), consultation shall be undertaken at appropriate intervals fixed by agreement, but at least once a year. The Committee requests the Government to continue providing detailed up-to-date information on the frequency, content and results of the tripartite consultations held on all the issues relating to international labour standards covered by the Convention. It further requests the Government to indicate the manner in which account is taken of the positions expressed by the representative organizations on the functioning of the consultation procedures required by the Convention.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes the observations submitted by the Centre of Indian Trade Unions (CITU), received on 22 January 2019. The Government is requested to provide its comments in this respect.
Articles 2 and 5 of the Convention. Effective tripartite consultations. In its 2017 direct request, the Committee requested the Government to provide information on the content and outcome of the tripartite consultations held on the matters concerning international labour standards covered under Article 5(1) of the Convention. The Committee welcomes the detailed information supplied by the Government in its report regarding tripartite consultations held with the social partners from 2015 to 2018 on the matters covered by the Convention. The Government indicates that consultations were carried out with the social partners in writing on a number of questionnaires concerning items on the agenda of the International Labour Conference (Article 5(1)(a) of the Convention). Tripartite consultations were also held on 10 January 2017 in relation to the submission of the Transition from the Informal to the Formal Economy Recommendation, 2015 (No. 204), and the Employment and Decent Work for Peace and Resilience Recommendation, 2017 (No. 205), pursuant to Article 5(1)(b). With regard to tripartite consultations concerning the possible ratification of ILO instruments, the Government indicates that the 38th Session of the Tripartite Committee on Conventions (CoC) was held on 10 January 2017, under the Chairmanship of the Secretary of the Ministry of Labour and Employment. Members of all central trade unions and employers’ organizations participated in these meetings along with representatives of state governments and central ministries (Article 5(1)(c)). The Committee notes with interest that, after agreement was reached in the CoC, the Government ratified the Minimum Age Convention, 1973 (No. 138), and the Worst Forms of Child Labour Convention, 1999 (No. 182), on 13 June 2017, after modifying the Child Labour (Prohibition & Regulation) Act, 1986, (Article 5(1)(c)). The Government also provides information on tripartite consultations held through 2017 on reports to be made to the ILO in relation to Article 22 reports (Article 5(1)(d)), as well as on consultations held during the reporting period on the abrogation and withdrawal of certain instruments. The Committee notes that, in its observations, the CITU maintains that the Government has failed to comply with its obligations pursuant to the Convention. The CITU observes that the Indian Labour Conference, a tripartite structure at the national level, had previously been held annually, with a tripartite standing committee meeting in between the ILCs. The Government has not held the 47th Indian Labour Conference despite calls from the central trade union organizations to do so. The CITU also alleges that the Government has failed to implement important decisions unanimously adopted in the 44th, 45th and 46th Indian Labour Conferences. With regard to the ratification and implementation of ILO Conventions and Recommendations, the CITU observes that meetings of the CoC were previously held twice a year, but no meetings have been held since 10 January 2017 and decisions reached in the meeting have not been implemented. The organization adds that, at the last CoC meeting, the Labour Secretary undertook to continue to hold meetings of the CoC at least twice a year, but no further meetings have been called. The Committee recalls that Article 5(2) of the Convention states that, in order to ensure adequate consideration of the matters referred to in Article 5(1), consultation shall be undertaken at appropriate intervals fixed by agreement, but at least once a year. The Committee requests the Government to continue providing detailed up-to-date information on the frequency, content and results of the tripartite consultations held on all the issues relating to international labour standards covered by the Convention. It further requests the Government to indicate the manner in which account is taken of the positions expressed by the representative organizations on the functioning of the consultation procedures required by the Convention.

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

The Committee notes the observations submitted by the Centre of Indian Trade Unions (CITU), received on 13 September 2016.
In its observations, the CITU recalls that in the past the Government convened meetings of the Tripartite Committee on Conventions twice per year. The CITU alleges that this practice has changed in that since the Tripartite Committee met in September 2012, this was followed only by a meeting held in April 2015. No further meetings of the Tripartite Committee on Conventions had been held at the time that the CITU’s observations were submitted in September 2016. The Committee notes from the Government’s 2015 report that consultations with the social partners were held, in writing, in 2014 and 2015. The Committee recalls that Article 5(2) of the Convention states that, in order to ensure adequate consideration of the matters referred to in paragraph 1 of the Article, consultation shall be undertaken at appropriate intervals fixed by agreement, but at least once a year. The Committee requests the Government to provide its comments in this respect. In addition, referring to its previous direct request, the Committee requests the Government to provide information on the content and outcome of tripartite consultations held on the matters concerning international labour standards covered by Article 5(1) of the Convention.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes the observations of the Centre of Indian Trade Unions (CITU) received in November 2014 and the Government’s response received in February 2015.
Article 5 of the Convention. Effective tripartite consultations. The Committee notes from the Government’s report that consultations were held on matters concerning international labour standards. In its observations, the CITU refers to Government statements that key labour legislation would be tabled in Parliament without prior consultation in any tripartite forum. In its response, the Government provides information on specific legislatives texts that have been amended, such as the Apprentices Act, 1961, and indicates that all pieces of draft legislation were first discussed in tripartite meetings before finalization. Moreover, the Government indicates that several unratified Conventions were discussed at the 36th and 37th Sessions of the Tripartite Committee on Conventions held in September 2012 and April 2015. The Committee notes with interest that, following tripartite consultations, the Seafarers’ Identity Documents Convention (Revised), 2003 (No. 185), and the Maritime Labour Convention, 2006 (MLC, 2006), were ratified in October 2015. The Committee requests the Government to continue to provide information on the tripartite consultations held on the matters concerning international labour standards covered by the Convention.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Tripartite consultations required by the Convention. The Committee notes the detailed information provided by the Government in August 2012 in reply to the 2011 direct request. In reply to issues raised by the All India Manufacturers’ Organization (AIMO) and the Trade Union Coordination Centre (TUCC), the Government indicates that it is committed to the principles of tripartism in the implementation of labour-related policies and programmes. With respect to tripartite consultations in the non-industrial economic zones, the Government reports that 94 per cent of the workforce in India work in the informal sector and only 6 per cent work in the formal sector. It adds that the Ministry of Labour and Employment is implementing various programmes for the informal sector in consultation with the social partners. The Committee notes information provided on the following tripartite meetings: the 35th Session of the Tripartite Committee on Conventions, held in July and August 2011, the National Tripartite Workshop on the Maritime Labour Convention, held in October 2011, and the 36th Session of the Tripartite Committee on Conventions, held in September 2012. The Committee notes that at the 35th Session of the Tripartite Committee on Conventions, eight unratified Conventions were taken up for discussion including four fundamental Conventions. It further notes that a workshop on strengthening the implementation of the Equal Remuneration Act through enhanced application of the Equal Remuneration Convention, 1951 (No. 100), and improved data collection, was organized in New Delhi with technical assistance from the ILO in February 2012. Representatives of employers’ and workers’ organizations, labour officers, gender and labour researchers, participated in the workshop. The Committee invites the Government to continue to provide information on the content and outcome of the tripartite consultations held on the matters concerning international labour standards listed in Article 5(1) of the Convention.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes the detailed information provided by the Government in its report received in August 2011 on the tripartite consultations held during the reporting period. It also notes the comments of the All India Manufacturers’ Organization (AIMO) and the Trade Union Co-ordination Centre (TUCC). The TUCC indicates that it has continuing concerns about being included in the consultations required by the Convention. Moreover, the AIMO indicates that the effort to maximize tripartite consultation in the non-industrial economic zones is not largely noticeable due to various impediments. The Committee invites the Government to provide information in its report due in 2012 with regard to the issues raised by the AIMO and the TUCC. It also welcomes receiving detailed information on the tripartite consultations held on the matters related to international labour standards covered by Article 5(1) of the Convention.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the Government’s report for the period ending June 1999. It notes with interest the detailed information on the consultations held between 1997 and 1999 on the matters covered by the Convention and the statement that these consultations take place through ad hoc meetings in the Tripartite Committee on Conventions and through correspondence. In its observation of 1998, the Committee noted the critical observations made by representative organizations of workers, and particularly the Centre of Indian Trade Unions (CITU) and the Indian National Trade Union Congress (INTUC) on the manner in which consultations are held. It notes that no observations have since been transmitted to the ILO on the application of the Convention.

The Committee encouraged the Government to continue providing such information as to enable it to fully assess the effect given to the Convention and also invites it to provide copies, where appropriate, of all reports or recommendations resulting from the consultations to which it refers, in accordance with the request set out in the report form under Article 5 of the Convention.

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the observations made by the Centre of Indian Trade Unions (CITU) in its communication to the ILO in July 1998, a copy of which was transmitted to the Government. The CITU reiterates its previous observations concerning the irregularity with which tripartite consultations are held, particularly in the Tripartite Committee on Conventions. The Government is requested to make the comments that it considers appropriate on the observations of the CITU. It is also requested to provide detailed information in its next report in reply to the matters raised in the Committee's previous observation, which read as follows:

1. The Committee has noted the Government's last report and the communication sent to the ILO in August 1997 in response to its previous observation. The Committee also notes the observations made by the Standing Conference of Public Enterprises (SCOPE), the Indian National Trade Union Congress (INTUC), the trade union organization Hind Mazdoor Sabha (HMS) and the Centre of Indian Trade Unions (CITU), together with the Government's responses.

2. In its communication the Government indicates that the representative organizations of employers and workers are regularly consulted on various matters relating to the standards and activities of the ILO, in particular those laid down in Article 5, paragraph 1(a) and (c), of the Convention. Following consultations, the Government is preparing to ratify certain ILO Conventions, in particular the priority Conventions Nos. 105 and 122, and also Convention No. 127. Finally, the Government indicates that in view of the numerous political changes which have occurred in India from 1996 to the beginning of 1997, it has been difficult to undertake tripartite consultations during this period, in particular within the Tripartite Committee on Conventions which is in fact scheduled to meet soon.

3. In its observation, SCOPE indicates that the Convention is applied in a satisfactory manner. The observation made by INTUC pertains to the preparation of reports to be submitted to the ILO. The trade union organization suggests to the Government that it should consult the representative organizations of employers and workers, before sending the final versions of reports. In its observation, the CITU repeats its previous comments regarding the irregular nature of the tripartite consultations, in particular those relating to the application of ILO standards, despite the comments made by the Committee. In its responses, the Government indicates that consultation with union organizations in the preparation of reports to be submitted to the ILO is an obligation emanating from the provisions of the ILO Constitution. It adds that in practice consultations on the ILO's activities follow a well established procedure. The questionnaires on the items included in the agenda of the International Labour Conference are sent to the representative organizations. Their comments are forwarded to the ILO or attached to the Government's reports. In this regard, copies of the reports sent to the ILO are systematically forwarded to them.

4. The Committee invites the Government to provide details, in its next report, of the activities undertaken as a result of the concerns expressed by the union organizations. In addition, it requests the Government to furnish more detailed information on the consultations undertaken not only within the Tripartite Committee on Conventions, but also on each of the matters provided for in Article 5, paragraph 1, of the Convention.

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

1. The Committee has noted the Government's last report and the communication sent to the ILO in August 1997 in response to its previous observation. The Committee also notes the observations made by the Standing Conference of Public Enterprises (SCOPE), the Indian National Trade Union Congress (INTUC), the trade union organization Hind Mazdoor Sabha (HMS) and the Centre of Indian Trade Unions (CITU), together with the Government's responses.

2. In its communication the Government indicates that the representative organizations of employers and workers are regularly consulted on various matters relating to the standards and activities of the ILO, in particular those laid down in Article 5, paragraph 1(a) and (c), of the Convention. Following consultations, the Government is preparing to ratify certain ILO Conventions, in particular the priority Conventions Nos. 105 and 122, and also Convention No. 127. Finally, the Government indicates that in view of the numerous political changes which have occurred in India from 1996 to the beginning of 1997, it has been difficult to undertake tripartite consultations during this period, in particular within the Tripartite Committee on Conventions which is in fact scheduled to meet soon.

3. In its observation, SCOPE indicates that the Convention is applied in a satisfactory manner. The observation made by INTUC pertains to the preparation of reports to be submitted to the ILO. The trade union organization suggests to the Government that it should consult the representative organizations of employers and workers, before sending the final versions of reports. In its observation, the CITU repeats its previous comments regarding the irregular nature of the tripartite consultations, in particular those relating to the application of ILO standards, despite the comments made by the Committee. In its responses, the Government indicates that consultation with union organizations in the preparation of reports to be submitted to the ILO is an obligation emanating from the provisions of the ILO Constitution. It adds that in practice consultations on the ILO's activities follow a well established procedure. The questionnaires on the items included in the agenda of the International Labour Conference are sent to the representative organizations. Their comments are forwarded to the ILO or attached to the Government's reports. In this regard, copies of the reports sent to the ILO are systematically forwarded to them.

4. The Committee invites the Government to provide details, in its next report, of the activities undertaken as a result of the concerns expressed by the union organizations. In addition, it requests the Government to furnish more detailed information on the consultations undertaken not only within the Tripartite Committee on Conventions, but also on each of the matters provided for in Article 5, paragraph 1, of the Convention.

Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

1. Further to its previous observation, the Committee has noted the information in the Government's report as to the consultations which have taken place with employers' and workers' representatives on various aspects of ILO standards and activities. It has been particularly interested to learn of the discussions in the Tripartite Committee on Conventions concerning the review of basic human rights and other Conventions: these appear to have contributed to the ratification by India of the Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147), in September of this year. The Committee hopes the Government will continue to supply information as to consultations of this nature.

2. The Committee has noted the observations of the Standing Conference of Public Enterprises (SCOPE) - which has called for regular annual tripartite consultations - and the Centre of Indian Trade Unions (CITU), which describes the state of national tripartite consultations as unsatisfactory in relation to a range of social and economic issues, including problems arising under international labour Conventions and national labour legislation. In its reply, the Government indicates the matters falling under Article 5 of the Convention on which there have been recent consultations through the procedures laid down.

3. The Committee would be grateful if the Government would include in its next report full details of further consultations taking place, as well as any action under consideration in the light of the comments of the SCOPE and the CITU.

Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes the Government's report for the period ending 30 June 1994. With reference to its previous comments, it notes with interest that the Tripartite Committee on Conventions, reconstituted in 1992, held two meetings in 1993. It also notes the information on the consultations held on several of the matters set out in Article 5, paragraph 1, of the Convention, and particularly on the review of certain fundamental or priority unratified ILO Conventions (Conventions Nos. 105, 122, 129, 138). The Committee would be grateful if the Government would continue to supply in its subsequent reports regular information on the consultations held during the periods covered on each of the matters set forth in Article 5, paragraph 1(a) to (e), including information on their frequency and to specify the nature of any reports or recommendations resulting from these consultations. Please also indicate which consultations were carried out through the Tripartite Committee on Conventions and which were conducted by written communications.

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes the information supplied by the Government in its report on the matters on which tripartite consultations were held in 1990-91 and 1991-92.

With reference to its previous observation, the Committee notes with interest the Government's statement that the Tripartite Committee on Conventions has been reconstituted and was due to meet at the beginning of 1993.

The Committee requests the Government to supply information on the consultation procedures, and on the composition and work of the Tripartite Committee on Conventions, and to continue to report on the consultations held concerning each of the matters set out in Article 5, paragraph 1, of the Convention.

Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee has taken note of the Government's report for the period 1989-90 and of the information on the consultations held with the central organisations of employers and workers on the matters referred to in Article 5, paragraph 1, of the Convention.

The Committee refers, in addition, to its previous observation, in which it noted the comments presented by the Bharatiya Mazdoor Sangh trade union organisation and the Government's reply concerning the absence since 1983 of any meetings of the Tripartite Committee on Conventions set up to hold, among other things, consultations on matters of ratification of Conventions.

The Committee notes that the trade union organisation subsequently withdrew its request for the resumption of the said Committee's activities and that the Government stated in its report, in reply to the Committee of Expert's 1989 observation, that it was taking appropriate measures to that effect.

The Committee trusts that the Government will soon be in a position to inform the ILO of the resumption of meetings of the above-mentioned Tripartite Committee and that it will also continue to supply in future reports full information on the way it ensures effective consultations with respect to matters concerning the activities of the ILO set out in Article 5 of the Convention.

Observation (CEACR) - adopted 1989, published 76th ILC session (1989)

The Committee has noted the comments presented by the Bharatiya Mazdoor Sangh relating to the application of the Convention. This organisation alleges that the Government has not convened since 1983 any meeting of the Tripartite Committee on Conventions, set up to hold consultations on matters of ratification or otherwise of the Conventions adopted by the International Labour Conference. It states that this constitutes a gross violation of the obligations under the ILO Constitution.

The Committee also notes the Government's reply to these allegations whereby the latter admits that the Tripartite Committee on Conventions has not met for a number of years, the main reason for that being that the subcommittee set up by the Tripartite Committee on Conventions in 1983, whose main task consists of selecting and examining unratified Conventions with a view to proposing their eventual ratification, has made certain recommendations with respect to a number of Conventions. The Government considered that these recommendations involved legislative changes and required detailed examination. It further considered that it would be better to convene the next meeting of the Tripartite Committee on Conventions when it was possible to report concrete results on the recommendations of the subcommittee. The Government further states that it has regularly consulted the central employers' and workers' organisations on all matters listed under Article 5, paragraph 1 (with the exception of item (e)). Considering that the process of consultation through correspondence meets the requirements of the Convention, the Government none the less states that a meeting of the Tripartite Committee on Conventions will be convened as soon as possible.

The Committee, noting the above explanations, requests the Government to supply with its next report on the application of the Convention full information on the consultations prescribed by the Convention. The Committee trusts the Government will soon be able to inform the Office of the resumption of the meetings of the Tripartite Committee.

© Copyright and permissions 1996-2024 International Labour Organization (ILO) | Privacy policy | Disclaimer