Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

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

The Committee notes the observations of the International Trade Union Confederation (ITUC) received on 1 September 2019 and the Government’s reply thereto.

Articles 6 and 7 of the Convention. Status and conditions of labour inspectors. Welcoming the significant increase in the number of labour inspectors at the states’ level within the last two years indicated in the Government’s report, the Committee requests the Government to provide information on the status and conditions of service of labour inspectors. It also requests the Government to provide information on the qualifications required for labour inspectors and the relevant recruitment process, as well as the training provided to them.

Articles 10, 12 and 16 of the Convention. Coverage of workplaces by labour inspections. Self-inspection scheme. The Committee notes the Government’s reiterated indication, in response to the Committee’s previous request, that self-certifications do not replace labour inspections, but complement them by encouraging voluntary compliance. The Government adds that the examination of the relevant records facilitates the work of labour inspectors by allowing them to understand the issues before making an inspection. The Committee also notes the Government’s indication that start-ups may be subject to inspection only when a very credible and verifiable complaint of a violation is submitted in writing and approval has been obtained from at least one level senior to the inspecting officer. The Committee also notes the concerns expressed by the ITUC that in the self-assessment based inspectorate system, which includes the assessment of compliance with labour standards by employers and the reporting of these results, labour inspectors will not be able to conduct labour inspections unless there is a complaint. The Committee notes from the statistical information provided that at the central level, all inspections are unannounced and that there is a high number of unannounced inspections in relation to the 14 (of the 36) states for which the Government has provided information. The Committee requests the Government, in line with the 2019 conclusions of the Committee on the Application of Standards, to ensure that the operation of the self-certification scheme does not impede or interfere with the powers of labour inspectors, as provided for in Articles 12 and 16 of the Convention. The Committee also requests the Government to continue to provide information on the number of routine visits and unannounced visits in all states, and to clearly indicate the visits that were made following the receipt of a complaint, as well as to indicate the number of inspections performed of start-ups.

Articles 12(1)(a) and (b), and 18. Free access of labour inspectors to workplaces. The Committee notes that the Government has not provided a reply in response to its previous request concerning Articles 12(1)(a) and (b), and 18. The Committee therefore 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 and to indicate 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, the outcome of such cases and the penalties applied.