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

Convenio sobre la política del empleo, 1964 (núm. 122) - India (Ratificación : 1998)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on employment policy and vocational guidance and training, the Committee considers it appropriate to examine Conventions Nos 122 (employment policy) and 142 (human resources development) together.

The Committee notes the observations of the International Trade Union Confederation (ITUC) on Convention No. 122, received on 27 September 2023, as well as the Government’s reply thereto.

Articles 1 and 3 of Convention No. 122. Formulation and implementation of a national employment policy. Consultation with the social partners. The Committee notes the information provided by the Government on the impact of the COVID-19 pandemic on the labour market, including employment and unemployment data. The Government indicates that, following rapid policy responses and a broad vaccination drive, labour markets in both urban and rural areas have recovered beyond pre-pandemic levels, as reflected in supply-side and demand-side employment data. The Committee notes the Government’s indication that there are many dynamic elements in its policies to promote employment. It notes in this regard policy emphasis on skilling, upskilling and reskilling measures to enhance women’s labour force participation, the National Career Service (NCS) digital platform for job matching and guidance, and steps towards formalization, including the e-Shram portal launched in 2021 (over 290 million informal workers registered across more than 400 occupations). The e-Shram portal has been linked to other portals, including those on NCS; skills development; micro, small and medium enterprises; and pensions. According to data provided in the report, active employment policy interventions have resulted in an increase in the worker-population ratio from 50.9 per cent in 2019–20 to 52.9 per cent in 2021–22. The Committee notes that, according to ILOSTAT, the employment-population ratio increased to 53.5 per cent in 2024 (with 74.3 per cent for men and 33 per cent for women). The Government indicates that employment generation and employability are priorities, with measures including major public investment in schemes such as the Prime Minister’s Employment Generation Programme (PMEGP) and the Mahatma Gandhi National Rural Employment Guarantee Scheme (MGNREGS), alongside flagship programmes (Make in India, Startup India, Stand-Up India, Digital India) aimed at generating employment through multiplier effects. The Committee recalls its previous comments noting that the drafting process for the national employment policy, initiated in 2013, was still under way in consultation with stakeholders, with a revised draft NEP to be shared before finalization. The Committee notes with regret that the Government has not provided any updated information concerning the development of the NEP. With regard to tripartite consultations, the Committee notes that, although no session of the Indian Labour Conference has been held since 2015, the Government indicates that several mechanisms for tripartite consultation operate, including consultations prior to labour legislation and policy measures, and ministerial-level meetings with the social partners. Over a three-year period from 2020 to 2023, 38 tripartite meetings were held. In its observations, the ITUC states that, over many years, the Government has adopted legislative reforms that, in its view, have severely curtailed workers’ rights, deteriorated working conditions, and limited access to full, productive and freely chosen employment in India. The ITUC further indicates that major labour law reforms adopted during the 2020–22 period proceeded without consultation with representative trade unions. In its reply, the Government reports on the consultation processes through which it seeks input from various stakeholders, including employers’ and workers’ organizations, before adopting legislation.

The Committee notes that, according to recent ILO assessments and the United Nations Sustainable Development Cooperation Framework (2023–27), India continues to face structural employment challenges, including high informality, low female labour force participation and significant regional disparities. In this context, the adoption of a comprehensive national employment policy remains an essential step to ensure the coordinated implementation of the numerous sectoral and scheme-based initiatives currently in place. The Committee therefore firmly hopes that the national employment policy will soon be adopted, in consultation with the social partners, and reiterates its request that the Government provide a copy once it is adopted, together with information on its strategic priorities, time-bound targets, budgetary allocations and monitoring arrangements.

Moreover, noting the observations of the ITUC, the Committee recalls that, under Article 3 of the Convention, employment policy measures are to be formulated and implemented in consultation with representatives of the persons affected by such measures, and in particular with representatives of employers and workers. In this regard, the Committee emphasizes the importance of extending meaningful consultation to organizations representing workers in the informal economy and other non-standard forms of employment, whose voices are often under-represented in formal tripartite structures. It encourages the Government to explore inclusive mechanisms – such as consultative platforms, local employment committees or thematic working groups – allowing the participation of associations of self-employed, home-based and informal workers in the design, monitoring and evaluation of employment and skills development policies.

Recalling the importance of consultation under Article 3, the Committee requests the Government to provide detailed information on the nature, content and outcome of consultations held with representatives of employers’, workers’ and other relevant organizations concerning the formulation, implementation and monitoring of active employment policies and programmes at both central and state levels. Please also indicate how the Government ensures that tripartite dialogue is conducted in a regular and institutionalized manner, including through the reactivation of the Indian Labour Conference or other permanent tripartite bodies.

The Committee further requests the Government to provide updated and disaggregated data on the situation and trends of labour force participation, employment, unemployment and underemployment, particularly by sex, age, region and sector, and to indicate how such data inform policy evaluation and adjustment. It also requests the Government to indicate how the perspectives of groups affected by employment-related measures, including women, youth, persons with disabilities and informal economy workers, are incorporated in policy design and implementation.

Article 2 of Convention No. 122. Implementation of employment programmes and employment services. The Committee notes that the Ministry of Labour and Employment is implementing the NCS project to transform the National Employment Service by providing job search and matching, career counselling, vocational guidance, information on skills, and internships through a digital platform launched in July 2015. The platform acts as a one-stop shop for career-related information and services, including public and private sector jobs, job fairs and training programmes. As of May 2023, the NCS portal recorded 31.9 million registered jobseekers, 1.125 million registered employers, and 13.9 million mobilized vacancies. The Government indicates that the services on the NCS portal are free of charge and NCS features include a network of employment exchanges and Model Career Centres, approved counsellors, a career knowledge repository, a toll-free call centre in seven languages, and linkages with public recruitment bodies and private partners. The Committee welcomes the efforts to modernize employment services and recalls that the effectiveness of such programmes depends on their accessibility, coverage, quality and coordination with vocational guidance and training systems under Convention No. 142. It therefore requests the Government to provide information on: (i) the number of jobseekers placed in employment through the NCS, disaggregated by sex, age, region and category of job; (ii) placement sustainability (duration of employment after six and 12 months); and (iii) measures taken to expand access to the NCS in rural and remote areas and among informal economy workers. The Committee further requests information on the mechanisms for consultation and coordination among the Ministry of Labour and Employment, the Ministry of Skill Development and Entrepreneurship and state authorities to ensure that the NCS, the Skill India Mission and other employment initiatives are aligned and mutually reinforcing.

Informal economy. In response to its previous comments, the Committee notes the Government’s indication that the Pradhan Mantri Rojgar Protsahan Yojana Programme (PMRPY) was closed in 2022 and that the Aatmanirbhar Bharat Rojgar Yojana (ABRY) scheme was introduced to boost the economy, increase employment in the post-COVID recovery phase, and incentivize the creation of new jobs with social security benefits. Implemented through the Employees’ Provident Fund Organization (EPFO), the ABRY scheme reduces employers’ financial burden and encourages them to hire more workers. As at 9 May 2023, benefits have been provided to 6,037,948 beneficiaries through 152,209 establishments under ABRY; total registrations under the scheme stood at 7,510,968 and have remained constant since the scheme’s closing date. The Government indicates that the Udyam portal provides a single-page registration to save time and simplify the process of registering enterprises. Moreover, the NCS portal was integrated with the Udyam portal in September 2022 so that Udyam-registered micro, small and medium enterprises can register as employers on the NCS portal and post vacancies. Approximately 20 million micro, small and medium enterprises have registered on the Udyam portal, marking substantial progress towards formalization and expanding access to government schemes and assistance. During the financial year 2022–23, the EPFO added around 13.9 million net members, an increase of 13.22 per cent compared with the 2021–22 financial year (about 12.2 million). The Committee notes that, according to ILOSTAT, the share of informal employment reached 88.4 per cent in 2024. It further notes from the innovative approaches to formalization in Asia and the Pacific: 2025 Background report to ILO Asia and the Pacific Tripartite Regional Knowledge-Sharing Forum, that many countries have successfully identified various entry points to address the pervasive issue of informality in their economies. However, the background report suggests that there remains a notable absence of dedicated and integrated approaches that acknowledge the complex interrelations and synergies required to effectively tackle informality in the region. The report adds that it is imperative that strategies incorporate governance elements, such as institutional coordination, representation and a robust evidence base. An integrated and coherent approach to formalization must also adopt a holistic perspective that encompasses various dimensions of informality, addressing the interrelated causes of informality across sectors and governance levels. The Committee therefore requests the Government to provide updated information on the strategies being developed, in consultation with the social partners, to advance an integrated and coherent approach to formalization, in line with the guidance of the Transition from the Informal to the Formal Economy Recommendation, 2015 (No. 204). In particular, please describe measures that link registration initiatives (e-Shram, Udyam, NCS, EPFO) with access to employment services, training, social protection and enterprise development, and indicate how these are monitored and evaluated for impact. The Committee further requests the Government to provide disaggregated information on the employment, education and training measures implemented under ABRY and other schemes, including the number of beneficiaries entering formal employment, the sectors covered and the percentage of women participants. It also requests the Government to provide information on coordination mechanisms among the Ministry of Labour and Employment, the Ministry of Skill Development and Entrepreneurship, and state-level authorities to ensure the coherence of policies promoting formalization and decent work.

Finally, the Committee draws the Government’s attention to the relevance of the 2025 conclusions of the International Labour Conference on Tackling informality and promoting transitions to formality, which provide a comprehensive and action-oriented framework to support Member States in designing and implementing integrated strategies for the transition from the informal to the formal economy.

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