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

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

The Committee takes note of the Government’s report received in August 2009 with the documentation attached. It draws the Government’s attention to the following points.

Article 8 of the Convention. With reference to its previous request, the Committee once again asks the Government to provide the ILO with the methodological information regarding the 2001 population census, as soon as practicable, as provided for by Articles 5 and 6.

Articles 9, 10 and 11, with reference to Article 16. The Committee takes note of the detailed information provided by the Government in its report and through other sources relating to the application of these provisions. It notes in particular with interest that, with regard to statistics relating to average earnings in factories, mines and plantations under the Wages Act, the coverage limit is now extended to workers drawing less than 10,000 rupees (INR) per month, and that as regards the Occupational Wage Survey (OWS), the Labour Bureau has conducted different rounds of surveys covering a certain number of industries. The Committee invites the Government to continue to supply any updated statistics compiled on the subjects covered by these articles, together with details on their sources and methodology whenever necessary. It also encourages it to pursue and extend the collection and compilation of data on average wages to other branches of economic activity in such a way as they are representative of the country as a whole, and to shorten the time-lag between the compilation of statistics and their publication.

The Committee also draws to the Government’s attention the new international standards concerning the measurement of working time (see Resolution I, adopted by the 18th International Conference of Labour Statisticians whose larger number of concepts and measures are defined in depth. This instrument is available at www.ilo.org/global/What_we_do/Statistics/standards/
resolutions/lang--en/docName--WCMS_112455/index.htm).

Articles 12 and 13 with reference to Article 16. Although these Articles were not accepted at the time of ratification, the Committee notes the statement by the Government that “all the Articles of Part II of this Convention have been accepted by the Government of India”. It notes in this regard with interest that information on statistics of consumer price indices (CPI) as well as information on household income and expenditure statistics continue to be provided. The Committee encourages the Government to continue to send relevant information with a view towards the eventual acceptance of this Article.

Article 14 with reference to Article 16. While recalling that the obligation under Article 14 has not been accepted, the Committee invites the Government to supply the statistics compiled on occupational injuries covering all branches of economic activity, and also to send particulars of their sources, methodology and publication, so as to be able to determine the extent to which progress has been made with respect to the provisions of this Article. The Committee also asks the Government once again to provide information on any developments with respect to the compilation of statistics of occupational diseases.

Article 15. In response to the previous direct request, the Government indicates that the Labour Bureau compiles statistics in compliance with the provisions of the Convention, under the Industrial Disputes Act 1974 which defines strikes and lockouts, permanent closures, retrenchments and lay‑offs affecting establishments with ten or more workers. The Committee notes that the relevant statistics are published annually in the Indian Labour Statistics (2006 being the latest – monthly data are also available). The Committee notes that the official website www.labourbureau.gov.in only provides annual statistics to the year 2005 for total number of strikes and lockouts, workers involved and workdays lost; and provisional statistics by (public/private) sector for two months each year from 2007 to 2010.

The Committee also notes that as reported in previous years and described in the national publication, statistics of strikes and lockouts are reported by industrial units on a voluntary basis to the authorities of the State Labour Departments and Regional Labour Commissioners (Central). Consolidated returns are furnished to the Labour Bureau monthly. Statistics for the whole country and for all sectors and regions of the country are compiled and classified by States, by sector (central, state and total), branch of economic activity (industry sectors), by cause and method of settlement, etc. Political strikes and sympathetic demonstrations resulting in work stoppages are excluded as they are considered unconnected with any specific demand of the employees which may be within the competence of the employers concerned for redressal. The publication states that statistics related to these groups are collected and published separately.

The Committee requests the Government to inform the ILO of any action it intends to take to implement fully the international guidelines by including strikes that are political, sympathetic and the like within its definition of strikes and lockouts and supply them to the ILO for dissemination.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the Government’s report. It also notes the information provided in reply to its previous comments.

Article 8 of the Convention. With reference to its previous comments, the Committee notes the Government’s indication that the results of the 2001 census are still being finalized. It hopes that the data and methodological information from the census will be sent to the ILO as soon as practicable, as provided for by Articles 5 and 6.

Article 16. The Government indicates, in reply to the Committee’s previous comments, that it has decided to revise the base year for the wage rates indices and to extend the coverage of the indices to 23 industries. It adds that wage rates indices will be compiled on the revised basis as soon as the necessary human and financial resources are available. The Committee hopes that the Government will nevertheless continue to supply any statistics compiled on the subjects covered by Articles 9, 10 and 11, as well as details on their sources, methodology and publication. It also invites the Government to pursue and extend the collection and compilation of statistics on average wages and hours of work to other branches of economic activity in order to be representative of the country as a whole, and to shorten the time lag between the compilation of statistics and their publication.

Noting that no information has been provided with regard to the statistics covered by Article 12 and that, according to the information available in the ILO, there have been no changes in this regard since the last report, the Committee hopes that the Government will soon be able to provide the relevant information on its surveys as established by Articles 2, 3, 5 and 6.

The Committee notes with interest that, although the Government is not bound by the obligations under this Article, it has nevertheless provided the relevant information in its report. Moreover, the Government indicates that the results of a family income and expenditure survey conducted in 1999-2000 and covering 78 major industrial centres, spread across the country, will be published in Working class family income and expenditure survey: All-India general report. The Committee therefore hopes that the relevant information on household income and expenditure statistics will be provided with a view to the eventual acceptance of the obligations under Article 13.

The Committee notes that no new information has been provided concerning statistics of occupational injuries and occupational diseases and that no such information is available for India in the ILO. It would be grateful if the Government would continue to supply the statistics compiled on occupational injuries, including particulars of their sources, methodology and publication. The Committee would also very much appreciate it if the Government would provide any available information on the compilation of statistics of occupational diseases so that it can assess the progress made with respect to the application of the provisions of Article 14.

The Committee notes that no new information has been provided concerning statistics of strikes and lock-outs (the latest data received for publication in the Yearbook of Labour Statistics refers to 2003). The Government is therefore requested to ensure that the relevant information, including particulars of its sources, methodology and publication, is provided so that the Committee can determine the extent to which progress has been made with respect to the application of the provisions of Article 15 of the Convention.

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

Further to its previous comment, the Committee notes the Government’s report. The Committee asks the Government to supply further information on the following points:

Article 8 of the Convention.  The Committee notes that, according to the information available in the ILO, the next population census is planned for March 2001. It asks the Government to communicate to the ILO the results of the population census as soon as practicable.

Article 16, paragraph 4.  The Committee notes the information supplied in respect of Articles 7 and 9 to 15, obligations under which have not been accepted. With the purpose of clarifying the extent to which effect is already given to them, the Committee is making the following remarks on some of these Articles. Concerning Articles 9, 10 and 11, the Committee asks the Government to continue to supply any statistics compiled on the subjects covered by these Articles, as well as particulars of their sources, methodology and publication. In relation to Article 13, the Committee encourages the Government to send the relevant information on its surveys such as the 55th Round of the Socio-economic Survey on Consumer Expenditure, Employment and Unemployment and Informal Sector; and the Working Class Family Income and Expenditure Survey 1999, as specified in Articles 2, 3, 5 and 6 of the Convention.

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

The Committee notes the Government's report and requests it to supply further information on the following points.

Article 8 of the Convention. The Committee notes that, according to the report, detailed information on the March 1991 census is likely to be available by the second half of 1997, and draws the Government's attention to the obligation under Article 5 to supply the published statistics to the ILO as soon as practicable. The Committee also recalls that the data should be classified according to sex, age group, occupational group (following either International Standard Classification of Occupations, ISCO-68 or ISCO-88) or level of qualifications, branch of economic activity, geographical area and status in employment (International Classification by Status in Employment, ICSE) in accordance with Paragraph 2(2) of Recommendation No. 170, which should be taken into account by virtue of Article 2 of the Convention.

Article 16(4). The Committee notes with interest the information supplied in respect of Articles 7 and 9 to 15, obligations under which have not been accepted. The Committee hopes that the Government will continue to supply any statistics compiled on the subjects covered by them, as well as particulars of their sources, methodology and publication. It is for the purpose of clarifying the extent to which effect is already given to them, that the Committee is making the following remarks on some of these Articles:

Article 7. The Committee encourages the Government to send the data on employment, unemployment and economically active population from the 1993/94 National Sample Survey to the ILO.

Articles 9, 10 and 11. As regards the revision of the weights and base used for compilation of the Wage Rate Indices, the Committee requests the Government to confirm that new weights have actually been adopted and that the coverage of industries has been renewed and extended.

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

The Committee has noted the Government's first report and requests it to supply further information on the following points.

Article 8 of the Convention. The Committee notes that as to the latest 1991 census only general data have been made available to the ILO. It requests the Government to provide more detailed data (i.e. by sex, age group, industry, occupation, status in employment and level of education) in accordance with paragraph 2(2) of Recommendation No. 170, which should be taken into account by virtue of Article 2 of the Convention.

Article 16(4). The Committee notes the information supplied in respect of Articles 7 and 9 to 15. It notes with interest that, although obligations under these Articles have not been formally accepted, some of their requirements are already fulfilled. The Committee hopes that the Government will continue to supply any statistics compiled on the subjects covered by them, as well as particulars of their sources, methodology and publication. It is for the purpose of clarifying the extent to which effect is already given to them, that the Committee is making the following remarks on some of these Articles:

Article 7. Despite the limitation in terms of frequency (five-yearly instead of annual) and that only data on employment are classified according to industry and occupation, the Committee encourages the Government to send the National Sample Survey results to the ILO;

Article 9. The Committee requests the Government to explain the reasons why it considers that the statistics collected on average earnings in the unorganized sector through the Economic Census fall short of the requirements of the Convention. The existing statistics could be improved by: (i) harmonizing the coverage of employment, wages and hours data from establishment surveys and annual returns in the organized sector of the economy; (ii) extending the scope of the statistics of average hours and earnings to other important sectors and employment categories; (iii) extending the scope of the Occupational Wage Survey to a greater number of industries and occupations; and (iv) revising the weights and base used for compilation of the Wage Rate Index, which refer to 1963-64;

Articles 10 and 11. Data are collected through the Occupational Wage Survey and the Annual Survey of Industries, respectively although the scopes are limited. The Committee hopes that they will be extended to other sectors, establishments and occupations to be representative of the country as a whole;

Article 12. The Government is encouraged to revise the weights used for compiling the Consumer Price Indices for Agricultural Labourers which refer to 1956-57;

Article 15. The Government considers that the coverage of the statistics of industrial disputes is not sufficiently wide to accept the obligations under this Article. The Committee requests the Government to explain more precisely what are the limitations of the present system and in what respect and to what extent coverage is considered inadequate.