Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Labour Inspection Convention, 1947 (No. 81) - India (Ratification: 1949)

Articles 10 and 16 of the Convention. Coverage of workplaces by labour inspections. Self-inspection scheme. The Committee previously noted that mandatory self-assessments (required by employers employing more than 40 workers in the states where the scheme had become operational) were among the sources of information used by the Central Analysis and Intelligence Unit (CAIU) to draw a conclusion as to prima facie evidence of labour law violations, and as to a decision to enter (or not) the relevant workplace in the computerized system for inspection visits to be carried out. In this context, the Committee noted the observations made by the Centre of Indian Trade Unions (CITU) and the Bharatiya Mazdoor Sangh (BMS) that there was an absence of any mechanism to verify the information supplied through the self-certification scheme. The Committee notes that the Government has not provided the requested clarification as to how this information is verified, but reiterates that self-certifications do not replace labour inspections, but are a different and additional mechanism for compliance. The Committee once again requests the Government, in line with the 2017 conclusions of the CAS, to provide information on how the information submitted by employers in self-certificates is verified, in particular in relation to health and safety. The Committee also requests the Government to provide further information on the states in which the self-inspection scheme has been implemented, and how the information submitted through self-assessments schemes is used by the inspectorate.

Articles 12(1)(a) and (b), and 18. Free access of labour inspectors to workplaces. The Committee notes that the Government reiterates, in response to the Committee’s request, its previous indications that preventing labour inspectors from discharging their duties is an offence. The Committee also notes the Government’s reiterated indication that there are no cases in which labour inspectors have not been able to access workplaces. Noting an absence of information in this respect, the Committee once again requests the Government to provide information on any cases where police assistance was requested by a labour inspector or was necessary in order for a labour inspector to access a workplace, indicating the number of cases brought in that respect under section 353 of the Penal Code for obstructing labour inspectors in the performance of their duties, and the penalties applied.

[The Government is asked to reply in full to the present comments in 2019.]