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

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

Article 1 of the Convention. Scope of application. The Committee notes the statistical data provided by the Government concerning the number of units and jobs covered by section 85 of the Factories Act, 1951, under the terms of which state governments may declare that all or some of the provisions of the Act are applicable to factories which are normally excluded from its scope. The Committee would also be grateful to be provided with the text of the regulations adopted by certain state governments under this section and it requests the Government to provide copies to the Office. The Committee also reiterates its request to the Government concerning the limits on normal daily and weekly hours of work which are applicable to premises that are not covered by the Factories Act.

Article 5. Averaging of hours of work. Exceptional cases. The Committee notes the Government’s indications concerning the reasons for which the averaging of hours of work has been adopted. However, it recalls that its previous comment related to the criteria used for the averaging of hours of work for railway employees who are not in the running staff, operating staff, shift workers and others, whose work is connected with that of any of the above categories. The Committee therefore once again requests the Government to provide the information available on the criteria used for this purpose.

Article 6. Permanent and temporary exceptions. The Committee notes the information provided by the Government concerning the consultation of employers’ and workers’ organizations in the context of the application of the Mines Act, 1952. It notes the Government’s indications that such consultations are also held in the framework of the implementation of the Factories Act, 1948. The Committee, however, observes that section 115 of the Factories Act, to which the Government refers, concerns the publication of regulations under the Act and not to the consultation procedure. The Committee therefore requests the Government to indicate which provisions envisage the consultation of employers’ and workers’ organizations for the determination of cases in which permanent or temporary exceptions may be allowed to the rules respecting normal hours of work in premises to which the Factories Act applies.

Part IV of the report form. Court decisions. The Committee notes that, according to the information contained in the Government’s report, the court hearing in the procedure involving the enterprise M/S Model Construction (P) Ltd in the state of Goa was due to be held in June 2010. The Committee requests the Government to provide a copy of the decision in this case when it has been handed down. The Government is also requested to provide copies of any other court decisions involving questions of principle relating to the application of the Convention.

Part V. Application in practice. The Committee notes the information provided by the Government concerning the number of factories and workers employed therein, and the number of factories inspected. It also notes the information concerning the number of workers who are covered by the Mines Act and the Government’s indication that no contraventions of section 30(1) of the Mines Act relating to the limitation of working hours have been reported. The Committee requests the Government to continue providing general information on the manner in which the Convention is applied in practice, including copies of the reports of the inspection services and information on the number and nature of the contraventions reported to the relevant provisions of the national legislation, and the action taken as a result.