Observation (CEACR) - adoptée 2025, publiée 114ème session CIT (2026)

Convention (n° 81) sur l'inspection du travail, 1947 - Inde (Ratification: 1949)

Articles 2, 3 and 4 of the Convention. Labour inspection in Special Economic Zones (SEZs). Following its previous comments on the delegation of powers of labour inspectors in SEZs to development commissioners, who also have a responsibility to promote investment in the SEZs, the Committee notes the Government’s statement in its report that this approach is still operational in SEZs but that labour inspectors from the concerned state government continue to conduct inspections in those zones when required. The Government also provides data on labour inspection in four out of 280 SEZs, indicating that the remaining data will be shared once compiled. The Committee notes that the number of inspections conducted in the four SEZs was limited, with only 12 in 2022–23 and 25 in 2023–24. In addition, the Government states that it is promoting voluntary compliance by enterprises, over the use of a punitive approach. In this regard, the Committee observes that there have been no fines and no criminal prosecutions recorded in SEZs in 2022–23 and 2023–24, despite 87 and 94 offences being reported in those respective years. It recalls that it is essential for the credibility and effectiveness of systems that the proceedings instituted or recommended by labour inspectors, against employers guilty of violations, be sufficiently dissuasive and make employers aware of the risks incurred if they fail to meet their obligations (2006 General Survey on labour inspection, para. 292). The Committee requests the Government to continue to take measures to ensure that the functions of labour inspection under Article 3(1) of the Convention are fully carried out in SEZs. It requests the Government to provide full statistics of labour inspections conducted in SEZs, once available, including on the violations detected, the fines imposed, and the proceedings initiated. The Committee requests the Government to provide further information on the division of tasks between development commissioners and labour inspectors in SEZs.

Articles 4, 20 and 21. Availability of statistical information on the activities of the labour inspection services at the central and state levels. Availability of statistics in specific sectors. Following its previous comments on the annual labour inspection reports of the Labour Inspectorate, the Committee takes note of the reports of the Ministry of Labour and Employment for the periods 2022–23, 2023–24 and 2024–25, which are published on the Government’s website. With regard to the development of the web portal “Shram Suvidha Portal”, the Committee notes the Government’s indication that the main features of the portal include: (i) a computerized list of inspections generated randomly, based on risks; (ii) mandatory uploading of inspection reports within 48 hours; and (iii) the determination of complaints-based inspections by Central Analysis and Intelligence Units based on data and evidence. The Committee requests the Government to continue to take measures to ensure that the central authority transmits to the ILO annual reports on labour inspection activities containing information on laws and regulations relevant to the work of the inspection service (Article 21(a)), staff of the labour inspection service (Article 21(b)), statistics of workplaces liable to inspection and the number of workers employed therein (Article 21(c)), statistics on penalties imposed (Article 21(e)), statistics of industrial accidents (Article 21(f)) and statistics of occupational diseases (Article 21(g)). The Committee also requests the Government to take measures towards the registration of workplaces and the improvement of its data collection system in all sectors, and to provide updated information in this regard.

Articles 10 and 11. Material means and human resources. Following its previous comments on this matter, the Committee notes the information provided by the Government on the number of labour inspectors in the Directorate-General Factory Advice Service & Labour Institutes, which renders advice on technical matters and enforces the Dock Workers (Safety, Health and Welfare) Act, 1986, and the number of labour inspectors at the central level and in different states. It also notes the information provided on the material means at their disposal, including vehicles and laptops. The Committee notes that, according to the Government, no new labour inspectors have been recruited at the central level since 2021. The Committee also notes that a few states and union territories have recruited new labour inspectors between 2019–24, reported as follows: 349 in Bihar, one in Meghalaya and 15 in Rajasthan. The Committee requests the Government to continue to provide information on the measures taken to strengthen the human resources and material means at the disposal of labour inspectors to secure the effective discharge of their duties.

Articles 12 and 17. Free initiative of labour inspectors to enter workplaces without previous notice, and discretion to initiate legal proceedings without previous warning. Following its previous comments, the Committee notes the Government’s indication that labour inspectors have the power to initiate legal proceedings without previous warning. However, the Committee notes that section 110 of the OSH and Working Conditions Code and section 54(3) of the Code on Wages still provide that proceedings against an employer for any offence shall not be initiated by inspectors before an opportunity is given to the employer concerned to comply with relevant provisions within a certain time frame. The Committee also notes the statistics provided by the Government concerning the number of offences reported, the number of penalties and amount of fines imposed, and the criminal prosecutions secured at the central level, between 2019 and 2024. In addition, the Committee notes that, according to the statistics provided by the Government, the number of unannounced inspections at the central level has significantly decreased from 11,246 in 2022–23 to 5,509 in 2023–24, while the number of announced inspections has increased from 9,022 to 13,202. The Committee requests the Government to take the necessary measures to ensure that, in law and in practice, labour inspectors are able to initiate legal proceedings without previous warning, in conformity with Article 17 of the Convention. The Committee requests the Government to continue to provide information on the application of Article 17 of the Convention in practice, including instances when inspectors have deferred initiation of proceedings in application of section 110 of the OSH and Working Conditions Code and section 54(3) of the Code on Wages. In addition, the Committee requests the Government to indicate the reasons for the significant decrease in the number of unannounced inspections in the central sphere, and to continue to provide statistics in this regard.

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