Observation (CEACR) - adoptée 2011, publiée 101ème session CIT (2012)

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

Article 2 of the Convention. Limitations on daily and weekly working hours. The Committee notes the Government’s reply to its previous comments concerning the observations made by the Centre of Indian Trade Unions (CITU) and the Bharatiya Mazdoor Sangh (BMS) union, concerning the application of the Convention. It notes the Government’s indications that the information technology sector is not governed by the Factories Act, but by the provisions of the Shop and Establishment Acts of the respective state governments. The Committee wishes to specify that the comments of the above trade union organizations referred to two different points: firstly, the BMS alleged the existence of violations of the legislation on working time in certain sectors, and particularly information technology, without referring to the Factories Act; second, the CITU alleged, without mentioning any specific sector, that the provisions of the Factories Act limiting weekly working hours to 48 were among those most frequently violated. The Committee therefore once again requests the Government to reply to the observations made by the above trade union organizations on the two points indicated above. It also requests the Government to provide information on any complaints that may have been filed under the Factories Act and results of those complaints.

With regard to violations of the legislation on working time in Special Economic Zones, which were also alleged by the BMS, the Committee notes the Government’s indications that it has sought information from the various state governments. The Committee requests the Government to provide the Office with any information that is received concerning any violations of the legislation on working time in the Special Economic Zones.

Furthermore, with regard to the possible revision of the legislation to raise the limits on working hours to 12 in the day and 60 in the week, the Committee notes the Government’s indications that there is no information on such an initiative. The Committee, however, observes that the Economic Survey for 2008–09, published by the Ministry of Finance, makes explicit reference to the need to amend the Factories Act as indicated above. The Committee therefore requests the Government to provide additional clarification in this regard.

Finally, the Committee draws the Government’s attention to the conclusions of the ILO Tripartite Meeting of Experts on Working Time Arrangements, held in October 2011, according to which the provisions of existing ILO standards relating to daily and weekly hours of work, weekly rest, paid annual leave, part time and night work, remain relevant in the twenty-first century, and should be promoted in order to facilitate decent work. The Experts also emphasized the importance of working time, its regulation, and organization and management, to: (a) workers and their health and well-being, including opportunities for balancing working and non-work time; (b) the productivity and competitiveness of enterprises; and (c) effective responses to economic and labour market crises.

The Committee is raising other points in a request addressed directly to the Government.