Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Labour Inspection Convention, 1947 (No. 81) - India (Ratification: 1949)

The Committee notes the observations of the International Trade Union Confederation (ITUC) and of the Indian Central Trade Unions (the ICTUs), both received on 1 September 2022, and the Government’s reply to the latter.

Articles 6 and 7 of the Convention. Status and conditions of labour inspectors. The Committee notes the Government’s indication, in reply to its previous comment, that labour inspectors are recruited by the Union Public Service Commission (UPSC), which is an independent constitutional body that conducts examinations and proceeds to merit-based selections and recommendations of candidates. The Committee also notes that State Governments recruit their labour enforcement officers through their respective State Public Service Commissions. Furthermore, the Committee notes the Government’s indication that regular training is undertaken to ensure effective capacity-building of the inspection personnel. The Committee requests that the Government provide information on the qualifications required for labour inspectors, as well as detailed information on their conditions of service, including their levels of remuneration and their employment tenure in comparison to the remuneration levels and job tenure of other officials exercising functions of similar complexity and responsibility, such as tax collectors and the police.

Articles 10, 12 and 16 of the Convention. Coverage of workplaces by labour inspections. Self-inspection scheme. The Committee notes the Government’s indication, in response to the Committee’s request, that self-certification is operational in special economic zones (SEZ). However, self-certification does not impede the power of relevant authorities to conduct independent inspections, but rather serves to complement the inspection system by encouraging voluntary compliance. The Committee also notes the concern expressed by the ICTUs that self-certification is not effective, as well as the concern by the ITUC that the related conclusions by the Committee on the Application of Standards were not addressed. Finally, the Committee notes the Government’s reply to observations, indicating that this scheme does not substitute for statutory labour inspection, and noting that the statistical information provided in the Government’s report should not be used to draw inferences with regard to the inspection machinery, in light of the lockdowns and subsequent measures ensuing in the aftermath of the COVID-19 pandemic. The Committee requests the Government to indicate how the self-certification scheme works in practice, and to provide information on the frequency and nature of inspections performed in enterprises that have completed self-certification, as well as the number of enterprises inspected where self-certification has taken place in comparison to the number where it has not. The Committee also requests that the Government continue to provide information on the number of routine visits and unannounced visits in all states, and on visits made following the receipt of a complaint, and that it provide information on the number of enterprises liable to inspection at the central and state level, and in the SEZs.

Articles 12(1)(a) and (b), and 18. Free access of labour inspectors to workplaces. The Committee notes that the Government has not provided a reply in response to its previous request concerning Articles 12(1)(a) and (b), and 18.The Committee therefore once again requests the Government to provide information on any cases where police assistance was requested by a labour inspector in order to access a workplace, and to indicate the number of cases brought under section 353 of the Penal Code for obstructing labour inspectors in the performance of their duties, the outcome of such cases and the penalties imposed.