Demande directe (CEACR) - adoptée 1993, publiée 80ème session CIT (1993)

Convention (n° 26) sur les méthodes de fixation des salaires minima, 1928 - Inde (Ratification: 1955)

1. The Committee notes the information supplied by the Government concerning, in particular, the extension of the scope of the minimum wage fixing machinery, and the recent adjustments in the minimum wage rates fixed. It requests the Government to continue supplying information on the results of the application of the minimum wage fixing machinery.

2. The Committee recalls that, in connection with the comments submitted previously by the Steel Workers' Federation of India, it requested the Government to communicate information on the measures taken to ensure the payment of wages not less than the prescribed minimum rates to the contract workers employed by the Steel Authority of India Ltd. (SAIL), and on the measures taken following the decision of the Supreme Court of India, dated 14 November 1988.

The Government states that, following the Supreme Court decision, the government of West Bengal issued a notification on 15 July 1989, prohibiting employment of contract labour in the stockyards of SAIL in the vicinity of the Calcutta Port, and that, in view of the need of appropriate rehabilitation for the contract labourers, the final date for disengaging the contract labour has not yet been fixed. The Government also indicates that the contract on terms and conditions provides for the payment of wages not less than the minimum wages and for a system of a certificate of wage payment. It further states that in the Calcutta Port stockyard, the tripartite negotiation including the contractors, the contract labour union and the government of West Bengal makes the wage settlements, under which the current minimum wage rate for unskilled manual labour is higher than the prescribed minimum wage. The Committee notes these indications and requests the Government to continue supplying information on this issue including, in particular, the text of relevant notifications made by the government of West Bengal.

3. Regarding the implementation of the legal minimum wage in respect of cinema workers in West Bengal, the Committee previously requested the Government to supply information on the efforts undertaken by the government of West Bengal, so that cinema workers will be paid at a rate corresponding to the legal minimum at least. The Committee notes that the Government simply indicates in this regard that the Committee would be informed about further developments, if any. The Committee requests the Government to indicate whether there has been any court decision on the appeal of 1976 against the notification of 1970 fixing the minimum wage rates. It would be grateful if the Government would provide further information on the practical application of the minimum wages to those workers, including, for example, the results of inspection, the cases of violation observed, and any sanctions imposed.

4. With reference to the previous comments regarding guidelines for regional minimum wages, the Committee notes the Government's indication that the said guidelines are the outcome of a tripartite consultation at the Indian Labour Conference. The Government also states that the fixation and revision of wages continue to be done by each state government in accordance with the provisions of the Minimum Wages Act, 1948, including the provisions on the equal participation of the employers and the workers, and taking into consideration the recommendations of the regional minimum wages advisory committees set up under the said guidelines. The Committee requests the Government to indicate any regional characteristics or tendencies observed, when it communicates in its future reports information on the results of the application of the minimum wage fixing machinery in accordance with Article 5 of the Convention.

5. As regards the measures for the effective implementation of the law on minimum wages, the Committee notes the Government's reference to such impediments as shortage of staff, lack of transport facilities and lack of workers' awareness. It hopes that the Government will maintain its consciousness of this issue and continue indicating any measures taken to ensure better application of the law on minimum wages in the entire territory.