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Minimum Wage-Fixing Machinery Convention, 1928 (No. 26) - India (RATIFICATION: 1955)

The Committee notes the observations of the Garment Labour Union (GLU) received in 2015, concerning the Sumangali practice in the garment sector in Tamil Nadu. These observations are examined under the Forced Labour Convention, 1930 (No. 29).

The Committee notes the information provided by the Government in its report on the process of legislative reforms. In particular, it takes note of the Code on Wages, 2017 Bill (the 2017 Bill), which was introduced before the Lok Sabha (lower house of Parliament) on 10 August 2017 and which is intended to consolidate the relevant provisions of the main central labour enactments relating to wages, including the Minimum Wages Act, 1948 (the 1948 Act). The Committee requests the Government to provide information on the development of the legislative process in this regard.

Articles 1 and 2 of the Convention. Scope of application. The Committee notes that while the applicability of the 1948 Act is restricted to the employments listed in its schedule, the 2017 Bill intends to provide protection to all employees (section 6(1)). Section 1(2)(j) of the Bill contains a broad definition of “employee”, encompassing any person employed on wages, whether the terms of employment are expressed or implied, as well as persons declared to be employees by the appropriate government. Moreover, the Committee notes that the Bill introduces the concept of national minimum wages fixed by the Central Government for different geographical areas, with the aim of ensuring that no state government fixes minimum wages below the national minimum wages for that particular area (section 9(1) and (2)).

Article 3(2). Participation of the social partners in the operation of minimum wage-fixing machinery. The Committee notes that pursuant to section 9(3) of the 2017 Bill, the Central Government may obtain the advice of the Central Advisory Board before fixing the national minimum wages. The Committee requests the Government to clarify whether the advice of the Central Advisory Board would systematically be sought for the fixation of the national minimum wages.

Article 4(1). System of supervision and sanctions. The Committee refers to its comments under the Labour Inspection Convention, 1947 (No. 81).