Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

Night Work of Young Persons (Industry) Convention (Revised), 1948 (No. 90) - India (Ratification: 1950)

The Committee notes the Government’s report.

In its previous comments, the Committee had noted the indications of the National Front of Indian Trade Unions (NFITU) that, while in the industrial undertakings, both private and public sectors, which are governed by the Factories Act, the Mines Act, the Plantations Act or similar legislation, the inspectorate supervises the implementation of the national legislation on night work of young persons, young persons working at night in the informal or unorganized sector, do not enjoy such safeguards. The Committee also noted the NFITU’s indication that in practice, deviations from the principles laid down in the Convention are widespread, particularly in tea plantations, fisheries and domestic work. The Government indicates that the main legislation covering regulation of employment and conditions of service like working hours, holidays, etc. of workers in the unorganized sectors are: the Minimum Wage Act, 1948; the Equal Remuneration Act, 1976; the Contract Labour (Regulation and Abolition) Act, 1970; the Inter-state Migrant Workers (Regulation of Employment and Condition of Service (RECS)) Act, 1979; and the Building and Other Construction Workers (RECS) Act, 1996. The Committee also notes the Government’s indication that, besides the abovementioned laws, various welfare and development schemes and programmes are being implemented for protecting workers in the unorganized sector. The Government adds that night work in shops and commercial establishments are prohibited under the Shops and Establishments Act, 1954, and that the Beedi and Cigar Workers (Conditions of Employment) Act, 1996, prohibit the employment of young persons at night. The Committee observes that according to Article 1 of the Convention the term “industrial undertaking” includes particularly: (a) mines, quarries and other works for the extraction of minerals from the earth; (b) undertakings in which articles are manufactured, altered, cleaned, repaired, ornamented, finished, adapted for sale, broken up or demolished, or in which materials are transformed, including undertakings engaged in the shipbuilding or in the generation, transformation or transmission of electricity or motive power of any kind; (c) undertakings engaged in building and civil engineering work, including construction, repair, maintenance, alteration and demolition work; (d) undertakings engaged in the transport of passengers or goods by road or rail, including the handling of goods at docks, quays, wharves, warehouses or airports. In this regard, it notes that the national legislation prohibits the night work of young persons in industrial undertakings both in the public and private sectors. The Committee further notes that the inspectorate supervises the implementation of the national legislation on night work of young persons in industrial undertakings.

Article 2, paragraphs 1 and 2, of the Convention. In its report, the Government states that the proposal for amending section 70(1A) of the Factories Act, 1948, pertaining to night period is still under examination by the Government. In the comments it has been making for many years, the Committee has noted that section 70(1A) of the Factories Act, 1948, as amended in 1987, prohibits the night work of adolescents under 17 years of age between 7 p.m. and 6 a.m., that is for a period of 11 consecutive hours. The Committee recalls that in Article 2, paragraph 1, of the Convention, the term “night” signifies a period of at least 12 consecutive hours. The Committee trusts that the Government will take the necessary steps to bring the law into conformity with the Convention on this point.

Article 3, paragraph 2, Article 4, paragraph 2, and Article 5. In its previous comments, the Committee also noted that, under section 70(1A) of the Factories Act, 1948, state governments may vary the prescribed time limits and authorize exemptions in case of emergency where the national interest so demands. The Committee trusts that the Government will take the necessary measures to bring the legislation into line with Article 3, paragraph 2 (concerning children over the age of 15 years in the case of apprenticeships or vocational training in enterprises where work has to be carried out continuously), Article 4,
paragraph 2 (concerning young persons over 15 years of age in the case of emergencies which interfere with the normal working of the undertaking), and Article 5 (concerning children over 15 years of age in exceptional circumstances where the public interest demands it) on this point.

The Committee notes with regret that, despite repeated requests by the Committee, the Government has still not taken legislative measures to give effect to the above provisions of the Convention. It expresses the firm hope that the Government will take the necessary legislative measures in the near future to apply the above provisions of the Convention and requests it to inform it of any developments in this regard.