Demande directe (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

With reference to its observation, the Committee also wishes to draw the Government’s attention to the following points.

Article 5(a) of the Convention. Cooperation between the inspection services and other government services. The Committee notes the information provided by the Government on the functions of area officers, i.e. senior officers of the Ministry of Labour and Employment who visit major states once in each quarter and other states once every six months in order to discuss with the state government officials the implementation of labour laws, including in the Special Economic Zones (SEZs), for which the state government is the appropriate government, and to discuss with the Ministry’s officials posted in that state the implementation of labour laws for which Central Government is the appropriate Government. The Committee requests the Government to specify whether area officers collaborate with labour inspectors and the manner in which they do so and to indicate the results and impact of their activities.

 Article 5(b). Collaboration of the labour inspection services with employers’ and workers’ organizations. The Committee notes the information provided by the Government as to the tripartite consultations at national and state levels. It also notes that in most states, inspectors of factories consult the trade union or workers’ representatives during inspection. As far as inspection at docks and ports are concerned, involvement of local union leaders is considered by the inspectors of dock safety. Finally, representatives of the workers accompany the inspecting officers for inspections in mines. The Committee requests the Government to indicate whether deliberations with the social partners have touched upon labour inspection matters and the outcome of such deliberations. It would also be grateful if the Government would provide concrete examples of collaboration which may have increased the effectiveness of the labour inspection system, for example, through the treatment of complaints communicated to labour inspectors by trade unions in specific sectors or states.

 Articles 20 and 21. Annual report on the work of the labour inspection services. The Committee notes with interest the statistical information provided by the Government on the number of registered and working factories and the workers employed therein as well as on industrial injuries. It also notes the information available in the annual report of the Ministry of Labour and Employment. It recalls that it has welcomed in the past the statistical data on the number of registered and working factories and the workers employed therein, as well as on industrial accidents, provided in the Pocket Book of Labour Statistics published by the Labour Bureau of the Ministry of Labour and Employment.

In its latest report the Government indicates that data on labour inspection activities are published in the annual report of the Ministry and that the process of sending the relevant reports and documents to the ILO will continue. It also indicates that a Bill to Amend the Labour Laws (Exemption from Furnishing Returns and Maintaining Registers by Certain Establishments) Act, 1988 was introduced in the Rajya Sabha (Upper House of Parliament) on 22 August 2005 and was referred to the Parliamentary Standing Committee on Labour for its examination. Following two tripartite meetings with the representatives of employers’ and workers’ groups, on 23 January and 22 June 2006, no consensus was reached on the Bill which envisages simplification of forms of returns and registers required to be maintained under certain laws. The Committee notes in particular that the amendments will modify the scope of application of the Act to establishments employing over 500 persons instead of 19 persons as is currently the case. This will result, according to the Government, in reducing the number of registers from 53 to two and the number of returns from 11 to one under various labour laws. It will also allow for the maintenance of registers on computers and for transmitting the annual reports or other reports by email, and prescribing uniform penalties for obstruction and non-maintenance of records under the abovementioned bills.

The Committee emphasizes that the availability of comprehensive data on the number of industrial and commercial workplaces liable to labour inspection and of the number of workers covered is indeed essential in making an overall assessment of the impact of the labour inspection system and identifying possible areas for improvement, including in relation to the available human and material resources, as provided for in Article 10(a)(i) and (ii) of the Convention. The Committee therefore considers that any legislative amendment aimed at reducing the number of registers should not have a negative impact on the level of data collected under the current system, while at the same time, the administrative burden may be alleviated through information technology. It also recalls the interest of publishing all the data required by Article 21 of the Convention in an annual inspection report so that the report may reflect as faithfully as possible the scope, coverage and effectiveness of the labour inspectorate and allow for the elaboration of accurate impact analyses and needs assessments in relation to human and material resources, with a view to the progressive improvement of the functioning of the labour inspection system.

The Committee requests the Government to keep the ILO informed of any development in relation to the envisaged legislative amendments and once again expresses the hope that the Government will take the necessary measures to ensure that the central authority publishes in the very near future an annual report on labour inspection activities containing all the data required by Article 21.