Observation (CEACR) - adoptée 1995, publiée 82ème session CIT (1995)

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

With reference to its previous comments, the Committee notes the Government's report and the attached observations of the United Trade Union Centre (UTUC) and the All India Organization of Employers (AIOE).

1. In connection with the observations made previously by the Hind Mazdoor Sabha (HMS) workers' organization, regarding the actual fixation of regional minimum wages, the Government indicates that the Regional Minimum Wages Advisory Committee concluded that, due to the varying socio-economic conditions in different states, fixing of uniform minimum wage even on regional basis was not feasible. It adds that the respective authorities in a region should endeavour to reduce disparities in minimum wages over a period of time. According to the Government, ten states or union territories have resorted to the fixation of variable minimum wages according to different geographical zones, which are not more than four, within the same state. The Committee takes due note of these indications and also of the information attached to the report on the number of scheduled employments for which minimum wages have been fixed.

As regards the HMS's comment on the application of the minimum wage to homeworkers, the Committee notes the Government's indication that, although the provisions of the Minimum Wages Act, 1948, are not specifically aimed at covering homeworkers, the homeworker engaged in any of the above-mentioned scheduled employments is governed by its provisions.

The Committee requests the Government to continue to provide information on the results of the application of the minimum wage fixing machinery in accordance with Article 5 of the Convention, including the indication of the approximate numbers of workers covered and the minimum rates of wages fixed.

As to the implementation of the minimum wages in practice, on which the HMS also commented, the Committee notes the Government's indication that the central as well as the state governments are the appropriate authorities for the enforcement of relevant provisions in their respective jurisdictions. It hopes that the Government will continue to indicate measures taken, by the central or the state governments, to ensure better application of the law on minimum wages in the entire territory, with particular reference to homeworkers.

2. In connection with the comments made previously by the Bharatiya Mazdoor Sangh (BMS) workers' organization, the Committee notes the Government's statement that various proposals to amend the Minimum Wages Act are under active consideration of the Government, and requests the Government to indicate any development in this regard.

3. The Committee is also addressing a direct request to the Government on certain points, including the observations made by UTUC and AIOE.