National Legislation on Labour and Social Rights
Global database on occupational safety and health legislation
Employment protection legislation database
Display in: French - Spanish
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.
The Committee notes the detailed report provided by the Government in August 2007 including replies to its previous comments. The ILO technical departments in headquarters and the field have also brought additional information concerning the application of the Convention to the Committee’s attention.
1. Articles 1 and 2 of the Convention. General economic policies. The Government recalls that providing gainful and high-quality employment was one of the targets of the Tenth Five-Year Plan (2002–07). In its approach paper to the 11th Five-Year Plan, the Planning Commission has made an assessment of the previous Plan: employment growth accelerated to 2.6 per cent during 1999–2005 outpacing population growth. The unemployment rate, which increased from 6.1 per cent in 1993–94 to 7.3 per cent in 1999–2000, increased further to 8.3 per cent in 2004–05. The Government explains that this was because the working-age population grew faster than the total population and the labour force participation rates increased, particularly among women. Agricultural employment has increased at less than 1 per cent per annum, slower than the population growth and non-agricultural employment expanded robustly at an annual rate of 4.7 per cent during 1999–2005. The Committee notes that 47 million employment opportunities were created per year during the Plan period (2002–07), which was quite close to the target of 50 million. In spite of high gross domestic product and high employment growth, decline in poverty has been relatively low, at 0.8 per cent per annum. The Committee further notes that the approach paper for the 11th Five-Year Plan (2007–12) therefore calls for more inclusive growth and envisages employment as a central element of such growth. It has been proposed to create almost 70 million work opportunities as one of the socio-economic targets which can be monitored during the plan. The emphasis seems to be on productivity and incomes to address the challenges of the working poor and improvement in the employability of the poor through a concerted and large-scale programme for training and upgrading of skills. The Committee thus invites the Government to provide in its next report indications on the adoption of a more comprehensive approach to formulate and apply an active employment policy. The Government is invited to state precisely how the goal of full and productive employment has been taken into account in formulating macroeconomic and sectoral policies.
2. Promotion of employment for poor workers in the rural sector. The Committee notes that the National Rural Employment Guarantee Act (No. 45 of September 2005) (NREGA) is now being implemented. The schemes implemented aim to provide 100 days of guaranteed unskilled wage employment to each rural household in more than 600 districts of India. Provisions for regular inspection and supervision of works taken up under the scheme shall be made to ensure proper quality of work as well as to ensure that the total wages paid for the completion of the work is commensurate with the quality and quantity of the work done (see paragraph 14 of Schedule I of Act No. 42 of 2005). The Committee also notes that the ILO suggested a pilot programme on mainstreaming decent work elements in the implementation of the NREGA and promoting a consultative process with concerned stakeholders at the national and district level. The Committee welcomes this approach and looks forward to examining in the Government’s next report further information on how the NREGA has improved employment opportunities, in particular in favour of vulnerable categories of workers such as dalits and tribal peoples, and where it has failed to meet these expectations.
3. Other schemes to promote employment. The Government mentions in its report other schemes in operation for poverty alleviation and employment creation. The Committee reiterates its interest in examining information on the measures taken to reduce the decent work deficit for men and women workers in the informal economy and to facilitate their access to the labour market.
4. Collection and use of employment data. The Committee notes with interest the analysis provided by the Government in its report on the employment and unemployment situation in the country. The Committee asks the Government to report on how the data available is being used to prioritize and formulate employment policies in favour of socially vulnerable groups such as young persons, women jobseekers, scheduled castes and scheduled tribes, ethnic minorities and people with disabilities (Article 1, paragraph 2, and Article 2(a)). 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.
5. Labour market policies and training. In its previous comments, the Committee noted that a national vocational training policy was under discussion. The Government indicates in its report that vocational training for both men and women is being accorded top priority in the 11th Five-Year Plan and is being treated as an industry. Efforts are being made to attract private investment into the sector. Private investment has come in only for the higher wage skills or for skills linked with government jobs. The Government recognizes that it is necessary to encourage a broader based system offering skill enhancement possibilities in smaller towns. The Government also plans to upgrade 500 industrial training institutes into centres of excellence for producing a multiskilled workforce of world standard. In this respect, the Committee invites the Government to include in its next report information on the effectiveness of the measures introduced in responding to the demand of skills in the labour market. Please also indicate how attention was given to the challenge of meeting the skill needs of the unorganized sector.
6. Article 3. Consultation of the representatives of the persons affected. In reply to its previous comments, the Government indicates that the Special Tripartite Meeting has yet to be held. In its previous reports, the Government mentioned that a special Tripartite Committee was formed to consider the impact of the new industrial policy on problems of labour and related matters and to make appropriate recommendations. Taking into account the employment challenges that face the country and the importance of establishing an adequate strategy, in consultation with the representatives of the workers’ and employers’ organizations, on the matters covered by the Convention, the Committee reiterates its interest in receiving detailed information on the frequency and results of the consultations to secure the full cooperation of representatives of the social partners, in the formulation and implementation of employment policies. Please also report on any consultations held with the beneficiaries of the NREGA and provide details of the way in which the Government and the social partners have addressed the matters noted in this observation.
1. General economic policies. The Committee notes the information provided by the Government in its report for the period ending May 2005. It notes that the mid-term Appraisal of the Five Year Plan (2002-07) has reiterated that gainful employment can only come from robust growth and the need to ensure acceleration of agricultural growth as an integral part of a sustainable employment strategy. Despite the healthy economic growth, the Government indicates that the formal sector of the economy has not been able to increase sufficiently. The Government has introduced supportive policies in order to promote sectors such as construction, real estate and housing, transport, small-scale industries, modern retailing, information technology and tourism. While taking note of this information, the Committee asks the Government to provide information in its next report on the results achieved under the Tenth Five-Year Plan 2002-07 to create gainful employment, in particular by sustaining an adequate level of public investment in agriculture. In this respect, the Committee would like to examine information on the manner in which other macroeconomic policies, such as monetary and fiscal policies, advance the promotion of full, productive and freely chosen employment and how the measures taken to promote full and productive employment operate within a “framework of a coordinated economic and social policy” (Articles 1 and 2 of the Convention).
2. Collection and use of employment data. The Committee notes with interest the estimated data on the labour market trends provided by the Government in its report indicating that 9 million persons have been identified as openly unemployed out of a total labour force of more than 406 million. The growth rate of employment is less than the growth rate for the labour force, resulting in an increase in the unemployment rate. The Government further indicates that the percentage of the population below the poverty line has come down from 36 per cent in 1993-94 to 26.1 per cent in 1994, showing an improvement in the income level of the employed. Nevertheless, organized sector employment is not growing and its share is only 1 per cent of the total employment. Self-employment and casual employment continue to play a pivotal role in integrating the unemployed into the labour market. The Committee hopes that in its next report the Government will continue to provide full and detailed statistical data on the situation and trends of the active population, employment, unemployment and underemployment disaggregated by sector, age, sex and skill level and that it will indicate how these data are being used to prioritize and formulate employment policies in favour of socially vulnerable groups such as young persons, women jobseekers, scheduled castes and scheduled tribes, ethnic minorities and people with disabilities (Article 1, paragraph 2, and Article 2(a)). Please also indicate the methodology used to estimate the size of the total labour force and the other data provided in the Government’s report.
3. Workers in the rural sector and in the informal economy. The Committee notes with interest that the National Rural Employment Guarantee Bill introduced a scheme for rural areas with nationwide coverage which provides a maximum of 100 days of employment in public works in a fiscal year to all those adults who would seek unskilled manual employment. It also notes the launch of the National Food for Work Programme to generate supplementary wage employment and the provision of food security in 150 districts. The Committee requests the Government to provide information in its next report on the implementation of rural employment policies and programmes and on any other measures it has taken to promote employment and improve the quantity and quality of employment opportunities in rural areas. The Committee also reiterates its interest in examining in the next report information on the measures taken to reduce the decent work deficit for men and women workers in the informal economy and to facilitate their insertion in the labour market.
4. Labour market policies and training. In reply to the Committee’s previous comments, the Government states that it runs 500 industrial training institutes and a number of other specialized institutions to provide vocational training to workers. A national vocational training policy is currently under discussion. The Committee requests the Government to continue to provide information regarding measures taken to ensure that current training is responsive to labour market demands and the efforts made to provide training to workers outside the organized sector.
5. Consultation of the representatives of the persons affected. In reply to its previous comments, the Government indicates that workers’ and employers’ organizations are actively associated with the planning process in India. The Ministry of Labour also places, whenever considered appropriate, matters relating to employment for discussion in the Indian Labour Conference. A special Tripartite Committee has also been formed to consider the impact of the new industrial policy on problems of labour and related matters and to make appropriate recommendations. The Committee invites the Government to provide information in its next report on any recommendation made by the above tripartite committee in relation with the formulation and implementation of employment measures. Please also indicate the measures taken or envisaged to ensure that representatives of the rural sector and the informal economy are also associated with the consultations required by Article 3 of the Convention.
The Committee notes the Government’s report for the period ending in May 2003 and the information it contains in reply to its previous direct request. The Committee hopes that the next report will contain detailed information enabling it to assess the practical effect given to the Convention in respect of the following matters.
1. General economic policies. In its previous request the Committee noted the Government’s job creation targets under the tenth Five-Year Plan (2002-07) and requested detailed information on the programmes implemented and their outcomes. Ten million jobs a year were to be created under the Plan and monitoring and evaluation machineries were set up at national and state level. The Committee requests the Government to state to what extent the employment targets set have been achieved. Recalling that under the Convention measures taken to obtain employment objectives must be decided on and kept under review "within the framework of a coordinated economic and social policy" (Article 2(a) of the Convention), the Committee requests the Government to indicate how it takes account of the effects on employment of general economic policy measures in areas such as budgetary and monetary policy, trade policy and exchange rate policy. Please also provide information on the effects, either noted or expected, on employment of state reform measures, and the measures to encourage competition and promote foreign direct investment.
2. Employment statistics. The Committee notes that in order to monitor regularly the progress made in job creation, there are to be large-scale annual surveys on employment and that the difficulties encountered in implementing the Plan’s employment strategy will also be evaluated. The Committee hopes that in its next report the Government will provide detailed statistics on the situation and trends of employment and that it will be in a position to specify how these statistics are used in deciding on and reviewing employment policy measures (Article 2).
3. Labour market policies and training. The Committee draws the attention of the Government to its comments on the application of Convention No. 111, in light of the steps taken by the Employment Service to cater to the specific needs of women, scheduled castes and scheduled tribes, persons with disabilities and minorities. It requests the Government to continue to provide such information, stating the results obtained in terms of actual and sustained integration in employment of their beneficiaries. The Committee also notes the statistical data showing the progress made in initial education. It requests the Government to supplement this information with a description of the measures taken or envisaged to develop continuous training for young persons and adults on the basis of employment prospects.
4. The Government mentions in its report the legislative measures and social assistance programmes established for persons in the non-organized sector. The Committee requests the Government to provide information in its next report on the measures taken to reduce the decent work deficit for men and women workers in the informal economy and to facilitate their insertion in the labour market.
5. Consultation of representatives of the persons affected. The Committee notes the information pertaining to the items on the agenda of the Indian Labour Conference held in September 2002. It is the Committee’s view that governments and representative organizations of employers and workers share responsibility for ensuring that representatives of the more vulnerable or marginalized sectors of the active population are associated as closely as possible with the formulation and implementation of measures of which they should be the prime beneficiaries (paragraph 493 of the General Survey of 2004 on promoting employment). It accordingly requests the Government to continue to provide information on consultations with representatives of the persons affected regarding employment policies, and to indicate the measures taken or envisaged to ensure that representatives of the rural sector and the informal economy are likewise associated with such consultations.
1. The Committee notes the detailed information contained in the Government’s first and second reports. It notes in particular the extensive labour market analysis contained in the "Approach Paper to the 10th Five-Year Plan (2002-2007)," prepared by the Planning Commission and "Employment-Generating Growth", prepared by the Special Group on targeting ten million employment opportunities per year. The Committee would be grateful if the Government would continue to supply detailed information on actual programmes and on their outcomes, including statistics wherever possible (Part I of the report form).
2. Articles 1 and 2 of the Convention. The Committee notes that the Government’s employment policy is comprehensive and very well-integrated into the general economic and social development plan. It also notes that a process has been established to review and adjust policies. The Committee would appreciate receiving further information on the specific programmes implemented to carry out these polices, and disaggregated data to determine their impact on the target groups. The Committee also notes the numerous recommendations contained in the "Approach Paper" (page 56) and "Employment-Generating Growth" (Summary and Overview). It would also appreciate receiving further information on any follow-up measures taken in light of these recommendations and, in particular, specific information on the size of the labour force.
3. Article 1, paragraph 2(c). Please see under Convention No. 111. The Committee would be grateful if the Government would also include in its next report further information on the measures taken in order to respond to the employment needs of categories of persons having difficulties in finding lasting employment, such as women, young workers, disabled persons and older workers, and in particular members of scheduled castes and scheduled tribes.
4. The Committee states in this regard that, despite the Government’s efforts at job promotion, only 8.34 per cent of workers are employed in the formal economy, of which public sector employment (5.77 per cent) accounts for the large majority. It also notes that the number of formal sector jobs is shrinking, while informal sector jobs often do not meet minimum standards. The Committee encourages the Government to intensify its efforts in this regard, and to keep it informed of trends in employment.
5. The Committee notes that the Government emphasizes education and training as a major means of achieving its goal of creating productive jobs. The Committee also notes the statement in the Approach Paper that "performance in the field of education is one of the most disappointing aspects of our development strategy". Only 60 per cent of school children aged 6-14 are enrolled in school. Specific targets for improvement include the goals of "All children in school by 2003", and "All children to complete five years of schooling by 2007". The Committee asks the Government to provide detailed information in its next report on the measures taken to increase the school enrolment figures and data on the impact of such measures disaggregated by gender. It also requests information on measures taken to coordinate education and training policies with prospective employment opportunities.
6. Article 3. The Committee notes the information supplied by the Government in relation to the consultations held by the Ministry of Labour and other ministries in order to consult extensively with workers’ and employers’ organizations. The tripartite Planning Commission also gives its views on various aspects of employment promotion, and the Ministry of Labour may raise issues for discussion at the Tripartite Indian Labour Conference. The Committee would appreciate receiving further information on the outcome of these consultations on the matters covered by the Convention. Please also supply information on consultations with representatives of other sectors of the economically active population, such as those working in the rural sector and the informal sector, who make up the vast majority of workers in India.