Demande directe (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

Convention (n° 14) sur le repos hebdomadaire (industrie), 1921 - Inde (Ratification: 1923)

Articles 1 and 2 of the Convention. Scope of application. The Committee notes the Government’s statement that the Convention continues to be given effect through the Factories Act, 1948. It would appreciate receiving additional explanations as to how weekly rest is ensured for workers employed in factories with less than ten employees, which are excluded from the scope of application of the Factories Act. In addition, the Committee notes that more recent legislation, such as section 28(1) of the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996, provides that the appropriate Government may by rules provide for a day of weekly rest for building workers who are not covered by the Factories Act or the Mines Act, 1952 (a similar provision is found in section 19(1) of the Motor Transport Workers Act, 1961, as amended). It therefore asks the Government to specify whether any such rules have been issued and, if not, to explain how it is ensured that these workers enjoy, like all other workers, a period of at least 24 consecutive hours of rest every week, as prescribed by Article 2 of the Convention.

Article 5. Compensatory rest. The Committee notes that, under section 53(2) of the Factories Act, the State Government may prescribe the manner in which compensatory holidays provided for in section 53(1) shall be allowed. It requests the Government to indicate whether any specific rules have so far been adopted in this regard and, if so, to transmit a copy. Moreover, the Committee notes that, under section 28(1)(c) of the Building and Other Construction Workers Act, building workers performing work on the weekly rest day are entitled to extra pay at the overtime rate. It recalls that the Convention requires compensatory rest to be granted, as far as possible, in the case of suspension or diminution of the weekly rest period, irrespective of any monetary compensation. It accordingly requests the Government to consider favourably the adoption of appropriate measures to this end.

Article 6. List of exceptions. The Committee would be grateful if the Government would supply, in accordance with this Article of the Convention, a list of all the exceptions currently authorized to the general weekly rest scheme (such as exempting rules and orders provided for in sections 64 and 65 of the Factories Act, and in section 39 of the Mines Act), and also provide information on their practical implementation (types of establishment to which exemptions are granted, period of exemptions granted, etc.).

Part V of the report form. Application in practice. As the Committee has not received for a number of years any general information on the practical application of the Convention, it asks the Government to provide up to date and documented information in this regard, including, for instance, statistics on the approximate number of workers covered by the relevant legislation, labour inspection results showing the number of infringements of the weekly rest legislation observed and sanctions imposed, copies of relevant collective agreements containing clauses on weekly rest, etc. The Committee would also be grateful if the Government would transmit a copy of the observations made by the workers’ organization Bhartiya Mazdoor Sangh which were not attached to its last report.

Finally, the Committee takes this opportunity to recall that, based on the conclusions and proposals of the Working Party on Policy regarding the Revision of Standards, the ILO Governing Body has decided that the ratification of up to date Conventions, including the Weekly Rest (Industry) Convention, 1921 (No. 14), and the Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106), should be encouraged because these instruments continue to respond to current needs (see GB.283/LILS/WP/PRS/1/2, paragraphs 17–18). The Committee accordingly invites the Government to contemplate ratifying Convention No. 106 and to keep the Office informed of any decisions taken or envisaged in this respect.