Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

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

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

In its previous comments, the Committee had requested the Government to provide its comments on the observations of the Palamoori Migrant Labour Union (PLMU) regarding the impact of the proposed labour law reform on the freedom of association of rural workers. The Committee notes the Government’s indication in its report that the draft Code on Industrial Relations Bill 2018 has been reviewed and modified in consultation with the social partners, including the Central Trade Union Organization (CTUO). The Committee requests the Government to provide a copy thereof once it has been adopted.

Article 3 of the Convention. Right of all categories of workers to establish and join organizations. Muster assistants (workers that provide water and medical facilities at rural worksites). The Committee has previously requested the Government to provide information on the number of organizations of muster assistants, as well as the number of workers covered. Noting the Government’s indication that it is still awaiting for the response from the relevant authorities, the Committee reiterates its request and expects that this information will be provided with the Government’s next report.

Forest and brick-making workers. The Committee had previously requested the Government to provide copies of any collective agreements which may have been concluded in the forest and brick-making sectors. The Committee takes due note of a code of conduct signed between the Labour Commissioner, the Government of Uttar Pradesh and representatives of the brick-making council and of collective agreements signed in the brick-making sector, as transmitted by the Government. The Committee requests the Government to provide examples of any collective agreements concluded in the forest sector.

Article 5. Elimination of obstacles to the establishment and growth of rural organizations. The Committee had previously noted that section 26 of the draft Labour Code on Industrial Relations provided that 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 establishments in the unorganized sector, not less than 6 Indian rupees per month per member. In this regard, the Committee had recalled 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 had requested the Government to review draft section 26, in consultation with the social partners. Noting the draft Code on Industrial Relations Bill 2018 is still undergoing a review, the Committee expects that this provision will be amended, so as to take into account the abovementioned principle.