Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Rural Workers' Organisations Convention, 1975 (No. 141) - India (Ratification: 1977)

The Committee notes the observations received from the Palamoori Migrant Labour Union (PLMU) on 21 September and 3 December 2015, concerning the ongoing labour law reform. The PLMU outlines its concerns with respect to the labour law reform process and the impact of the proposed revision on workers and trade unions, referring in particular to provisions of the Labour Code on Industrial Relations concerning the registration of trade unions; strike action, lockouts and retrenchment; and applicable penalties. The Committee requests the Government to provide its comments on the observations of the PLMU, providing information on the impact of the proposed legislation on the freedom of association of rural workers.

Article 3 of the Convention. Right of all categories of rural workers to establish and join organizations. Muster assistants (workers that provide water and medical facilities at rural worksites). The Committee notes the information provided by the Government, in response to its previous request, that the Employment Guarantee Scheme has been replaced by the Mahatma Gandhi National Rural Employment Guarantee Act. The State Government of Maharashtra has indicated that muster assistants have been able to form strong and independent organizations, and that most of these workers who fulfilled the required criteria have been absorbed into various levels of the government service in Maharashtra. The Government indicates that there is no restriction on muster assistants to form associations and that they are well organized. In this respect, the Committee requests the Government to provide specific information on the number of organizations of muster assistants, as well as the number of workers covered.

Forest and brick-making workers. The Committee notes the Government’s indication, in response to its previous request, that copies of collective agreements concerning forest and brick-making workers have been requested from State Governments. The Committee once again requests the Government to provide copies of any collective agreements which may have been concluded in the abovementioned sectors.

Article 5. Elimination of obstacles to the establishment and growth of rural organizations. The Committee notes that section 26 of the draft Labour Code on Industrial Relations provides that the subscriptions payable by members of a trade union shall be, for trade unions of persons employed in agricultural operations or rural establishments or workers employed in the establishment in the unorganized sector, not less than 6 India rupees per month per member. The Committee recalls that, pursuant to Article 5 of the Convention, national laws or regulations must not, given the special circumstances of the rural sector, inhibit the establishment and growth of rural organizations. In this respect, it recalls that in its 2015 General Survey, Giving a voice to rural workers, paragraph 147, it indicated that matters relating to internal administration should be left to the discretion of the members of workers’ organizations, without any interference by the public authorities, including the levying of union dues. The Committee requests the Government to review the abovementioned provision of the draft legislation, in consultation with the social partners.

[The Government is asked to reply in full to the present comments in 2018.]