Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Rural Workers' Organisations Convention, 1975 (No. 141) - India (Ratification: 1977)

Other comments on C141

Observation

Direct Request

2022
2021
2018
2016

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The Committee notes the adoption of the Industrial Relations Code, 2020.

Article 3 of the Convention. Right of all categories of workers to establish and join organizations. Muster assistants (workers that provide water and medical facilities at rural worksites). The Committee had previously requested the Government to provide information on the number of organizations of muster assistants and the number of workers covered. The Committee notes the Government’s indication that 11 States/Union Territories (Haryana, Uttar Pradesh, Mizoram, Nagaland, Punjab, Himachal Pradesh, Sikkim, Gujarat, Andaman and Nicobar, Lakshadweep, and Delhi) have no registered organizations of muster assistants. The Government further indicates that in the State of Maharashtra, there are no restrictions on the right of muster assistants, most of whom have been absorbed in various levels in Government service, to form associations and that they have formed a strong, independent organization which also bargains collectively. The Committee requests the Government to provide information on the number of organizations of muster assistants in other States and Union Territories of the country, as well as the number of workers covered.

Forest workers. The Committee takes due note of the Government’s indication that five collective agreements were concluded by the forest department in the State of Haryana.

Article 5. Elimination of obstacles to the establishment and growth of rural organizations. The Committee previously requested the Government to ensure that there is no interference by public authorities in the internal administration of workers’ organizations. The Committee observes that sections 7(f) and 15(4) of the Industrial Relations Code stipulate that the members of a trade union shall pay subscriptions in accordance with rules prescribed by the Government, respectively under sections 99(2)(f) and 99(2)(q). It further observes that section 99(1) grants the Government the discretion to enact rules on the provisions of the Code. In this regard, the Committee recalls that the matters relating to the internal administration of workers’ organizations, including the levy of union fees and the amount of such levy, should be left to the discretion of its members without any interference from the public authorities. The Committee therefore requests the Government to provide information on the scope of sections 7(f) and 15(4) read with subsections 99(2)(f) and 99(2)(q) of the Industrial Relations Code, particularly with regards to the decision-making power of members of trade unions to determine the amount of subscription payable, if any.