Observation (CEACR) - adoptée 2001, publiée 90ème session CIT (2002)

The Committee notes the Government’s report and the information provided in reply to its previous comments. It also notes the comments made by the Hind Mazdoor Sabha (HMS) trade union on 17 May 2001, and the partial information provided by the Government on the points raised.

1. According to the HMS, certain state governments, including Maharashtra, have abolished labour inspectorates, which has resulted in a significant increase in violations of the legislation by employers, to the detriment of workers. In reply to the Committee’s previous observation, in which it was requested to indicate the manner in which the right of inspectors is ensured, in accordance with Article 12 of the Convention, to enter workplaces without notice and without prior authorization, the Government refers to section 9 of the Factories Act and section 4 of the Dockworkers (Safety, Health and Welfare) Act, under which the powers of labour inspectors include most of those laid down in the Convention. However, the Committee notes that the above provisions do not address the right of inspectors to enter workplaces freely. The Committee reminds the Government in this respect that, in accordance with Article 12, paragraph 1(a), this right should be exercised freely and without previous notice in workplaces formally liable to the supervision of the labour inspectorate, under the sole condition that inspectors are in possession of proper credentials. In its 1985 General Survey on labour inspection, the Committee considered that "the unexpected nature of the inspection visit is the best guarantee of effective supervision" and that the inspector must be able to enter undertakings without warning the employer or his representative in advance, especially when it is to be feared that prior notice might result in the concealment of an infringement (paragraph 158). Noting the Government’s statement that the case of the states in which it is alleged that labour inspection has been prohibited is under examination, the Committee hopes that this examination will be based on the above provision of the Convention. It therefore requests the Government to provide information on the results achieved and to indicate the measures which have been taken or are envisaged to ensure that the national legislation is supplemented by provisions giving effect to Article 12, paragraph 1(a).

2. According to the above trade union, the provision of the Convention prescribing the obligation to promote collaboration between officials of the labour inspectorate and workers’ organizations is not given effect. The Committee notes in this respect the information provided by the Government on the existence of various tripartite bodies for collaboration at the national level, including the Indian Labour Conference, the tripartite dock safety committees which function in every major port, the Dockworkers’ Advisory Committee established under the Dockworkers (Regulation of Employment) Act and the meetings of the tripartite Safety Committee and the Mining Inspectorate. The Committee would be grateful if the Government would provide additional information specifically on the manner in which collaboration is promoted between labour inspectors and workers, and their organizations, in accordance with Article 5(b) of the Convention.

3. The above trade union finally raises the question of the publication and content of the annual report. In the first place, it alleges that this report does not contain detailed information on such matters as the staff of the labour inspection system, statistics of workplaces liable to inspection, inspection visits, violations and penalties imposed, and statistics of industrial accidents. The Committee notes that, according to the Government, detailed reports are provided on the labour inspection system, industrial accidents, etc. It refers in this respect to the annual report on the work of dockworkers 1999-2000 and the document entitled "Standard Reference Note DGFASLI Organization 2000", on the cover of which is indicated "for official use only". The Committee also notes the statistical tables of the results of inspections undertaken on the application of certain laws, particularly relating to wages in mines and railways, working hours, child labour and the minimum wage for the period between 1992 and 2000. It also notes the various tables reflecting the information available on the number of inspections and the sanctions imposed in 1998 in commercial and transport establishments, as well as the tables on the distribution of the staff of the labour inspectorate in 1997 and 1998; the statistics on the number of inspections by state and by type of inspection according to their frequency in 1997 and 1998; statistics of industrial injuries in factories and cases of occupational disease in 1997 and 1998; and finally, statistics on the sanctions imposed on cases of violation of the general legislation, provisions concerning women, children, registers and instructions, and safety and health for 1997 and 1998. The Committee, however, recalls that the obligation to publish an annual inspection report, as set out in Articles 20 and 21, has the objective, particularly at the national level, of bringing to the knowledge of employers and workers and their organizations information concerning the activities and results of the inspection services in all workplaces liable to inspection with a view to enabling them to react and indicate, where appropriate, their opinions or make proposals with a view to improvements. The Committee hopes that the Government will not fail to take measures to ensure that an annual report of a general nature on the activities of the inspection services, containing information on the each of the subjects enumerated in Article 21, is published within the time limits prescribed in Article 20, and that a copy is transmitted to the ILO.