Solicitud directa (CEACR) - Adopción: 2011, Publicación: 101ª reunión CIT (2012)

Convenio sobre los métodos para la fijación de salarios mínimos, 1928 (núm. 26) - India (Ratificación : 1955)

Article 3 of the Convention. Minimum wage fixing machinery. Further to its previous comment, the Committee notes the information provided by the Government with regard to measures aiming at enhancing the transparency and reliability of data used for the periodic readjustment of minimum wage levels. In particular, the Committee notes the establishment of a new Index Review Committee (IRC) with tripartite membership and the adoption of the IRC final report in 2009 which recommended, among others, the setting up of a Standing Tripartite Committee of all stakeholders to review issues related to the conduct of the New Working Class Family Income and Expenditure Survey, as well as the strengthening of the audit mechanism of the prices which go into the compilation of the consumer price index. The Committee also notes the initiative of the Labour Bureau to display on its website the price data of all items which are reflected in the consumer price index. The Committee requests the Government to provide full particulars on any new developments concerning the effective consultations with and direct participation of employers’ and workers’ organizations in the operation of the minimum wage fixing machinery.

Moreover, the Committee notes with interest the Government’s indications concerning the proposals for the amendment of the Minimum Wages Act, 1948 with a view to rendering the National Floor Level Minimum Wage (NFLMW) – currently set at 115 Indian rupees (INR) per day – statutory and thus enabling all workers in the country to receive at least the NFLMW. It notes, in particular, that an Inter-Ministerial Group was set up to examine this matter, an impact study has been completed by the Giri National labour Institute and the matter is again before the Committee of Secretaries of the Government for further consideration. The Committee requests the Government to keep the Office informed of any progress made towards the amendment of the Minimum Wages Act and the establishment of a statutory national minimum wage.

Article 5 and Part V of the report form. Application in practice. The Committee notes the statistical information provided by the Government showing labour inspection results concerning the enforcement of the Minimum Wages Act, 1948, and current minimum daily wage rates for unskilled agricultural workers at the central and state levels. The Committee requests the Government to continue to provide up-to-date information concerning the practical application of the Convention.

Finally, the Committee recalls that following the recommendations of the Working Party on Policy regarding the Revision of Standards (GB.283/LILS/WP/PRS/1/2, paragraphs 19 and 40), the ILO Governing Body has decided that Convention No. 26 is among those instruments which may no longer be fully up to date but remains relevant in certain respects. The Committee therefore suggests that the Government should consider the possibility of ratifying the Minimum Wage Fixing Convention, 1970 (No. 131), which marks certain advances compared to older instruments on minimum wage fixing, for instance, as regards its broader scope of application, the requirement for a comprehensive minimum wage system, and the enumeration of the criteria for the determination of minimum wage levels. The Committee requests the Government to keep the Office informed of any decision taken or envisaged in this regard.