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

Convention (n° 1) sur la durée du travail (industrie), 1919 - Inde (Ratification: 1921)

Article 1 of the Convention. Scope of application. The Committee notes that, under the terms of section 2(m), the Factories Act, 1948, only applies to premises with at least ten workers operating with the aid of power, or 20 workers without the aid of power. It further notes that section 85 of the Act empowers State Governments to declare that all or any of the provisions of the Act shall apply to factories that are excluded from its scope under the above provision. The Committee also notes the Government’s indication that certain State Governments have extended the scope of application of the Act to all factories and products, regardless of the number of workers. It would be grateful if the Government would provide copies of any relevant regulations adopted under section 85 of the Factories Act. The Committee also requests the Government to indicate the rules relating to hours of work which are applicable to premises that are not currently covered by the Act and to provide an estimate of the number of workers who are excluded from its coverage.

Article 5. Averaging of hours of work. Exceptional cases. The Committee notes that Rule 10(2) of the Railway Servants (Hours of Work and Period of Rest) Rules, 2005, allows the averaging of hours of work for running staff, operating staff, shift workers and others whose work is connected with that of any of the above categories. With regard to this latter category of workers, the Committee notes that, according to the indications in the Government’s report, the concerned administration determines whether or not the averaging of hours of work should be permitted in light of the principles of Article 5 of the Convention. The Committee requests the Government to provide the information available to it on the criteria used by the concerned administrations for this purpose.

Article 6. Permanent and temporary exceptions. The Committee notes that sections 51 and 54 of the Factories Act establish the 48-hour working week and daily hours of work as nine in any day. It further notes that section 59 of the Act establishes the additional wages applicable when these limits are exceeded. Furthermore, the Committee notes the indications in the Government’s report that exceptions from normal hours of work have been included in sections 64 and 65 of the Factories Act and in Model Rule No. 109. Noting that none of these provisions require the holding of prior consultations with the employers’ and workers’ organizations concerned, as required by this Article of the Convention, the Committee requests the Government to indicate the manner in which such consultations are ensured when changes are made to the enumeration of the precise cases in which permanent or temporary exceptions are allowed to the normal limits on hours of work.

Part VI of the report form. Application in practice. Referring to the observations made by the Centre of Indian Trade Unions and the Bharatiya Mazdoor Sangh (BMS) union concerning the application of the Convention, the Committee requests the Government to provide general information on the manner in which the Convention is applied in practice including, where possible, statistics on the number of workers covered by the relevant legislation, as well as the reports of the inspection services, including information on the number and nature of the contraventions reported and the measures adopted to resolve them.