Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Articles 1 and 2 of the Convention. General economic policies. In reply to the 2008 observation, the Government states in a report received in September 2009 that the successive Five-year Plans in India have always stressed realizing high rate of growth in all economic activities with a view to generating additional employment for the unemployed and also to create decent sustainable work for all of those already employed. As part of the 11th Five-year Plan
(2007–12), the Government intended to create 58 million new job opportunities. During 2004–05, the workforce of 459.1 million consisted of 261.23 million self‑employed (56 per cent), 65.65 million regular workers (14.3 per cent) and 132.68 million casual workers (28.9 per cent). In its General Survey of 2010 concerning employment instruments, the Committee noted that the 11th Five‑year Plan 2007–12 provided an opportunity to restructure policies to achieve a new vision based on faster, more broad-based and inclusive growth. The plan aimed at making employment generation an integral part of the growth process and devised strategies to accelerate not only the growth of employment but also the wages of the poorly paid (General Survey, op. cit., paragraphs 41 and 602). The Committee invites the Government to include in its next report indications on the outcomes or impact of various employment policies and programmes implemented under the 11th Five-year Plan 2007–12. Please also continue to include detailed statistical data on the situation and trends of the active population, employment, unemployment and underemployment disaggregated by state, sector, age, sex and skills, in particular for socially vulnerable groups such as young persons, women jobseekers, scheduled castes and scheduled tribes, ethnic minorities and people with disabilities (Article 1(2) and Article 2(a)).

Skills development. The Government indicates that in the present context of liberalization, globalization and changing economic scenario, the emphasis needs to be on upgrading the skills of the labour force keeping in mind the demand of the labour market. The Committee also notes with interest that the Unorganized Workers’ Social Security Act, enacted on 30 December 2008, formulates schemes for skill up-graduation of workers in the informal economy. In association with the ILO, the Government has formulated the National Skills Development Policy and has taken steps on the formulation of the National Employment Policy with the objectives of providing remunerative and decent employment. The Committee looks forward to examining the first report on the application of the Human Resources Development Convention, 1975 (No. 142). The Committee recalls that Convention No. 142 is critically related to the attainment of full employment and decent work and to the realization of the right to education for all. It invites the Government to include in its next report on Convention No. 122 information on the impact of the initiatives taken for skills up-graduation and reskilling of the workforce in particular of those working in the unorganized sector.

Promotion of employment for poor workers in the rural sector. In reply to the 2008 observation, the Government indicates that the experience under the National Rural Employment Guarantee Act (No. 45 of September 2005) (NREGA) shows that the workforce participation of scheduled caste and scheduled tribe groups was around 55 per cent in 2008–09. Women workforce participation has also surpassed the statutory minimum requirement of one third participation. In the year 2007–08, women participation was 43 per cent, which has increased to 48 per cent in 2008–09. The Committee welcomes receiving in the next report updated information on the implementation of NREGA and its impact in creating employment opportunities for the rural sector.

Article 3. Consultation of the representatives of the persons affected. In reply to previous comments, the Government indicates that the 42nd Session of the Indian Labour Conference, the apex national-level tripartite body, held in February 2009, witnessed a comprehensive discussion on the global financial crisis, its effects on large-scale downsizing, lay-offs, wage cuts and job losses (General Survey, op. cit., paragraph 90). The Committee welcomes this approach and recalls that consultation with the social partners both at the earliest stages of policy formulation and during the implementation process is essential and enables governments to take fully into account their experience and views. It looks forward to examining in its next report how tripartite mechanisms have contributed to formulate an employment policy and implement active labour market measures.