Observation (CEACR) - adoptée 2007, publiée 97ème session CIT (2008)

The Committee notes the Government’s report in reply to its previous comments and the detailed statistics accompanying it. It also notes the discussions of the Indian Labour Conference on the monitoring of the application of labour legislation which took place in April 2007.

1. Article 12, paragraph 1(a) and (b), of the Convention. Free access of inspectors to workplaces. (i) Inspection visits (period of time). In its previous comments, the Committee emphasized the risk of different interpretations from one state to another of the provisions of labour legislation and, in particular, the provisions relating to the rights and obligations of labour inspectors. In reply, the Government points out that the consistent application of the Factories Act, 1948, throughout the country is ensured by the dissemination of standard regulations drawn up by the Directorate General, Factory Advice Services and Labour Institutes (DGFASLI), which serve as a model for implementing regulations in the various states. The Government explains that the content of these regulations is discussed at an annual conference of chief inspectors organized by the DGFASLI. The Committee notes, however, that these regulations do not exist in all states and that the model regulations do not contain any details regarding the period of time during which inspection visits may be carried out or regarding how the expression “at a reasonable time” used in the labour legislation shall be interpreted. The Committee emphasizes in this respect that the abovementioned provisions of the Convention according to which inspectors must be empowered “to enter freely … at any hour of the day or night any workplace liable to inspection” and “to enter by day any premises which they may have reasonable cause to believe to be liable to inspection” aim to enable inspections to be carried out wherever they are necessary and technically possible, with a view to ensuring the protection of workers. Inspectors must therefore have the power to decide the appropriate time for undertaking an inspection visit. The Committee requests the Government once again to take the necessary steps to ensure that the legislation concerned and the standard implementing regulations for the Factories Act and also the regulations adopted by the states are supplemented by provisions which expressly provide labour inspectors with the right of free access to industrial and commercial workplaces, in accordance with the provisions of Article 12, paragraph 1(a) and (b), of the Convention, and hopes that the Government will be in a position to supply information in its next report on all progress made in this regard.

(ii) Workplace inspection visits in export processing zones and special economic zones, and in the information technology (IT) and IT-enabled service (ITES) sectors. The Committee notes, according to the statistics sent by the Government in reply to its previous comments, that very few inspections have been undertaken in these zones and fields of activity which are expanding rapidly in a number of states. The Government also indicates that IT and ITES activities are not covered by the Factories Act in the vast majority of states. In view of this information, the Committee requests the Government to indicate the legal provisions applicable to conditions of work in these sectors of activity, whether or not export processing zones or special economic zones are concerned, at central or state level, and to indicate the manner in which the application of these provisions is monitored. In addition, the Committee requests the Government once again to supply available statistics on the number of enterprises and workers in the abovementioned sectors, indicating, if applicable, the workplaces and workers covered by the labour inspectorate, the number of authorized inspectors, contraventions recorded, penalties imposed and also the number of industrial accidents and cases of occupational disease reported.

(iii) Inspections in the State of Haryana. The Committee notes the information supplied by the Government in reply to its previous comments concerning measures likely to limit inspection visits in this state, in particular in workplaces in the IT and ITES sectors. The Government states that the labour inspection staff consists of 87 labour inspectors, 22 factory inspectors, four doctors and two surgeons for all the districts of Haryana. It also points out that 2,505 inspections pursuant to the Factories Act and 26,131 inspections pursuant to the Shops and Establishments Act were carried out in 2005, including in the abovementioned sectors, under a self-certification system. The Committee would be grateful if the Government would supply information in its next report on the working of the self-certification system, on its impact on the frequency and effectiveness of inspection visits and also on arrangements for the verification of information supplied, the handling of any disputes and action taken with regard to reported contraventions.

2. Articles 10, 11 and 16. Coverage of the inspection system. According to the data supplied on the number of inspection service staff, the number of workplaces and workers employed therein and the number of inspection visits conducted, compiled in the “reference note” published by the DGFASLI in 2005, the scope of inspection service activities in terms of workers covered and workplaces visited varies considerably from one state to another. Emphasizing the importance of the role of labour inspectors in the protection of workers, and particularly in combating child labour, the Committee requests the Government to take the necessary steps to ensure better coverage of workplaces and workers liable to inspection throughout the country in the light of the needs of each state (increasing staff numbers, increasing the number of inspection visits, etc.).

3. Article 18. Adequacy of penalties. Specifically regarding the penalties and fines applicable to violations of the Factories Act and the Dock Workers (Safety, Health and Welfare) Act, 1986, the Government merely states, in its report sent in 2006, that it is considering amending the provisions of these laws which set forth penal sanctions. With reference to its previous comments, the Committee requests the Government to supply information in its next report on all developments in this regard and on any legislation adopted.

The Committee is also raising a number of other points in a direct request to the Government.