Solicitud directa (CEACR) - Adopción: 2025, Publicación: 114ª reunión CIT (2026)

Convenio sobre los métodos para la fijación de salarios mínimos, 1928 (núm. 26) - India (Ratificación : 1955)

Legislative Developments. The Committee notes the Government’s indication in its report that the Code on Wages, 2019 has been adopted on 8 August 2019, and the provisions of the Payment of Wages Act, 1936, the Minimum Wages Act, 1948, the Payment of Bonus Act, 1965 and the Equal Remuneration Act, 1976, have been absorbed in it. The Government also indicates that the above-mentioned Code provides for universal minimum wage across employments in organized and unorganized sectors and mandates the Central Government to fix a floor wage and that the minimum rates of wages fixed by the Government shall not be less than the floor wage. The Committee also notes that the Government indicates that, except for section 42, the entry into force of the Code has been delayed. The Committee requests the Government to provide information on the progress made concerning the entry into force of the Code.

Article 3(2) of the Convention. Participation of the social partners in the operation of the minimum wage-fixing machinery. Application in practice. Following its previous comments, the Committee notes that pending the entry into force of the Code on Wages 2019, section 5(1) and (2) of the Minimum Wages Act 1948 provides for the association of social partners in the operation of the minimum wage machinery, through: (i) committees and sub-committees appointed by the appropriate Government to hold enquiries and advise on the minimum wage; or (ii) the reception of representations when the appropriate Government publishes its proposals in the Official Gazette. However, the Committee observes in section 9(3) of the Code on Wages 2019, it is provided that the Central Government may, before fixing the floor wage, obtain the advice of the Central Advisory Board which includes representatives of workers and employers. The Committee requests the Government tospecify whether, under the Code on Wages 2019, the advice of the Central Advisory Board will be systematically sought for the fixation of the national minimum wage rate or whether it will be optional. Pending the entry into force of the Code, the Committee requests the Government to provide further information on the current operation of the minimum-wage fixing machinery in practice, including information on compliance rates with the requirements under section 5 of the Minimum Wage Act 1948.