Employment Policy Convention, 1964 (No. 122) - India (Ratification: 1998)

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

Socio-economic impact of the COVID-19 pandemic. Response and recovery measures. The Committee notes the devastating effects the pandemic has had on health, lives and livelihoods in India. In this context, the Committee recalls the broad guidance provided by international labour standards. It draws the Government’s attention to the Employment and Decent Work for Peace and Resilience Recommendation, 2017 (No. 205), which is a useful guide for the formulation and implementation, in consultation with the most representative organizations of employers and workers, of inclusive measures to promote full, productive and freely chosen employment opportunities and decent work as an effective response to the deep-rooted socio-economic effects of the crisis.  The Committee invites the Government to provide updated information on the impact of the pandemic on the implementation of the employment policies and programmes adopted with a view to guaranteeing the objectives of the Convention, especially in relation to the most vulnerable population groups. It requests the Government to provide updated information on the impact of the COVID-19 pandemic on the labour market, statistical information, disaggregated by age, sex and occupational sector, on the size and distribution of the labour force, rates of employment, unemployment and under employment and the size of the informal economy.

Articles 1 and 3 of the Convention. Formulation and implementation of a National Employment Policy. Consultation with the social partners. In its previous comments, the Committee requested information on the development of the National Employment Policy (NEP) in consultation with the social partners, as well as disaggregated data on the impact of increased budgetary allocations on employment creation. The Government reports that the drafting process for the National Employment Policy, initiated in 2013, is still under way, in consultation with stakeholders. The Government adds that discussions have been held with key stakeholders in respect of the draft NEP, as well as with the ILO Office. It indicates that a revised draft NEP is being prepared and will be shared with stakeholders before being finalized. With respect to consultations with the tripartite partners, including consultations within the Indian Labour Conference, the Government indicates that the latter is the highest-level tripartite consultative committee to advise the Government on labour-related issues. The Indian Labour Conference has held 46 sessions since its establishment in 1942, with the most recent session having taken place in 2015. The Government indicates that, during its 45th session in 2013, following consultations among the representatives of workers’ and employers’ organizations and Central and State governments, the Committee on Measures to Improve Employment and Employability recommended that the National Employment Policy be finalized as a matter of priority. Noting that no session of the Indian Labour Conference has been held since 2015, the Committee hopes that the National Employment Policy will be adopted in the near future and reiterates its request that the Government provide a copy once it is adopted. The Committee also requests the Government to provide concrete, updated information on the nature, content and outcome of consultations held with representatives of employers’ and workers’ organizations concerning the formulation, updating and implementation of the National Employment Policy, as well as other active employment policies and programmes at the central and state level. The Committee further requests the Government to provide detailed updated information on the manner in which the perspectives of persons affected by the employment-related measures implemented are taken into account in the development and implementation of active employment policy measures.

Labour market trends. The Committee previously requested the Government to provide updated disaggregated statistical data on trends in labour force participation, employment, unemployment and underemployment, as well as information on the national labour market information system and the production of timely employment data to help design more effective employment policies.

The Committee notes the information provided by the Government in respect of the annual Periodic Labour Force Surveys (PLFS) carried out by the National Sample Survey Office. It notes the detailed labour market statistics information provided by the Government in the PLFS reports on the situation and trends of labour force participation, employment and unemployment, in both the formal and informal economies, disaggregated by age, sex, skills, disadvantaged group, state and economic sector. In particular, the Committee notes that the 2018–19 PLFS report shows that the labour participation rate increased slightly from 36.9 per cent in 2017–18 to 37.7 per cent in 2018–19, while the unemployment rate decreased from 6.1 per cent to 5.8 per cent during the same period. The Committee requests the Government to continue to provide updated detailed information on the situation and trends of labour force participation, employment, unemployment and underemployment. The Government is further requested to indicate the manner in which the information compiled from the PLFS reports is utilized in the design and implementation of employment policies at national and provincial level.

Article 2. Implementation of employment programmes and employment services. The Committee notes with interest the information provided by the Government regarding the implementation of various programmes as well as their impact during the reporting period, targeting young persons and workers in the informal sector. The Government reports that during the reporting period (2017–19), the Prime Minister’s Employment Generation Programme (PMEGP) generated 309,043 jobs. Moreover, the National Urban Livelihoods Mission (NULM) provided assistance to 295,406 beneficiaries to establish micro enterprises. In addition, the Deen Dayal Upadhyaya Grameen Kaushalya Yojana (DDU–GKY), which is part of the National Rural Livelihoods Mission and focuses on the employment of rural youth between the ages of 15 and 35 from poor families, placed a total of 271,316 participants in employment. The Committee requests the Government to continue to provide detailed updated information on the impact of the employment programmes being implemented throughout the country, in both urban and rural areas, including statistical information, disaggregated by sex and age, on the number of jobs generated and the number of beneficiaries placed.

Specific groups. The Government reports on the implementation of the National Career Service (NCS) project, which provides a variety of employment related services to groups in vulnerable situations, such as career counselling, vocational guidance, as well as information on skills development courses, apprenticeships, internships and other opportunities. As of July 2019, more than 10.3 million jobseekers were registered in the NCS Portal. There are 25 NCS centres for the Scheduled Castes and Scheduled Tribes (ST/SC) operating in the different states and union territories. These centres provide persons belonging to the ST/SC with services to enhance their employability through coaching, counselling and training programmes, including one year of computer training and of computer hardware maintenance training for interested ST/SC candidates. The Committee notes that there are 21 NCS centres that provide services to persons with disabilities, including informal skills training. In addition, a stipend is available from the NCS centres to encourage persons with disabilities to participate in training and reduce their commuting and other expenses. However, the Committee notes that, according to the concluding observations on the initial report of India by the Committee on the Rights of Persons with Disabilities (CRPD) in October 2019, only 37 per cent of persons with disabilities have access to employment, and the employment quota of 4 per cent of persons with disabilities is not sufficiently implemented (CRPD/C/IND/CO/1, paragraph 56(a) and (c)). The Committee requests the Government to continue to provide information on the nature and impact of services provided by NCS centres and other measures taken to promote sustainable employment and decent work for disadvantaged groups, including the number of persons placed in employment through such services and the type of employment in which they are placed.

Employment of women. The Committee notes the information provided by the Government on legislative reform and policy initiatives undertaken to increase the participation of women in the labour market. The Maternity Benefit (Amendment) Act adopted in 2017 extended paid maternity leave from 12 weeks to 26 weeks and provides for mandatory crèche facilities in establishments with 50 or more employees. The 2019 Code on Wages prohibits gender discrimination in matters related to wages and recruitment of employees for the same work or work of a similar nature. Moreover, to enhance the employability of women, trainings are provided through a network of Women Industrial Training Institutes, National Vocational Training Institutes and Regional Vocational Training Institutes. As of July 2019, 3.1 million female jobseekers were registered in the NCS portal, with one NCS centre exclusively providing services to women with disabilities. In addition, a number of measures are being undertaken to promote women’s entrepreneurship, such as the provision of collateral-free concessional loans, the formation of cooperatives through self-help groups and the creation of online marketing platform. However, the Committee notes that a significant gap persists in labour participation rates between men (50.3 per cent) and women (15.0 per cent), as reflected in the 2018–19 PLFS report. Moreover, about four times more women work as helpers in household businesses (30.9 per cent) compared with men (7.6 per cent). The Committee further notes that, in its 2019 concluding observations in relation to India, the Committee on the Rights of Persons with Disabilities (CRPD) expressed concern about the multiple and intersecting discrimination faced by women and girls with disabilities, particularly those with intellectual or psychosocial disabilities and those living in rural areas (doc. CRPD/C/IND/CO/1, October 2019, paragraph 14(a)). The CRPD observed with concern that only 1.8 per cent of women with disabilities have access to employment (doc.CRPD/C/IND/CO/1, paragraph 56(a) and (c)). The Committee requests the Government to strengthen its efforts to increase the active participation of women in the labour market and their access to sustainable employment, particularly for those facing multiple and intersecting discrimination. It also requests the Government to provide information on any measures taken to raise awareness of the need for men and women to share family responsibilities, with a view to facilitating women’s access to the labour market. In this respect, the Government is requested to provide updated comprehensive information, including disaggregated statistical data, on the nature and impact of measures taken to promote women’s access to full, productive, freely chosen and lasting employment.

Formalization of informal workers. The Committee notes the information provided by the Government concerning the Pradhan Mantri Rojgar Protsahan Yojana Programme (PMRPY), launched in August 2016. The PMRPY provides incentives to employers for job creation and seeks to bring a large number of informal workers to the formal workforce. The PMRPY targets workers earning up to Rs. 15,000 per month. Under this scheme, the Government pays the employers’ full contribution of 12 per cent of new employees’ salary to the Employees’ Provident Fund and the Employee’s Pension Fund for a period of three years. As of 31 March 2019 (the deadline for registration of beneficiaries), 162,268 establishments and 12,753,284 employees had received benefits under this scheme. The Committee also notes that, according to the 2018–19 PLFS report, regular wage workers account for 23.8 per cent of the total working population compared to 22.8 per cent in 2017–18. However, it observes that there are still large numbers of workers engaged in non-regular work, including 48.2 per cent as own account workers, 9.2 per cent as helpers in family businesses and 28.3 in casual labour. The Committee requests the Government to indicate whether the PMRPY has continued to operate after 31 March 2019 and, if so, to provide updated information on its activities and impact. It also requests the Government to continue to provide detailed updated information on other measures taken or envisaged in this context and their impact on reducing informal employment.

Employment programmes targeting rural areas. The Committee previously requested the Government to provide information on the impact of the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA), in enhancing job growth and sustainable employment in rural areas. The Government indicates that the MGNREGA provides more than one hundred days of guaranteed wage employment every financial year to each rural household whose adult members volunteer to do unskilled manual work. MGNREGA thereby provides livelihood security through a fall-back option for rural households when no better employment opportunities are available. The Committee notes the Government’s indication that the MGNREGA programme generated 2.34 billion total person-days in 2017–18 and 2.68 billion total person-days in 2018–19. The Committee also notes that, according to the 2018–19 PLFS report, only 13.4 per cent of workers in rural areas are engaged in regular employment, whereas 41.8 per cent are own account workers, 16.7 per cent are helpers in household businesses and 28.6 per cent are engaged in casual labour. The Committee requests the Government to continue to provide detailed updated information on the implementation of the MGNREGA and its impact. It also requests the Government to provide information on any measures taken or envisaged in order to provide full, productive and sustainable employment for rural households, including through vocational education and skills development as well as other employment services.

Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

Articles 1 and 2 of the Convention. Formulation and implementation of an active employment policy. In its previous comments, the Committee invited the Government to provide information on the extent to which the measures implemented under the 11th Five-Year Plan (2007–12) had managed to improve the quality of the employment generated and alleviate unemployment and underemployment. The Government indicates in its report that it has been implementing various employment generation and poverty alleviation programmes across the country, with particular emphasis on programmes targeting young persons and workers in the unorganized sector. Budget allocations under these programmes, including the Prime Minister’s Employment Generation Programme, have increased substantially. It is expected that higher investment will generate a greater number of employment opportunities for the benefit of people from all segments of society. The Committee notes that the “Pradhan Mantri Rojgar Protsahan Yojana” scheme, included in the 2016–17 Budget, aims to promote employment in the formal economy. Under this scheme to promote the creation of new formal sector jobs, the Government will pay the Employee Pension Scheme contribution of 8.33 per cent for all new employees enrolling in the Employees’ Provident Fund Organisation (EPFO) during the first three years of their employment. In order to target semi-skilled and unskilled workers, the scheme will apply only to those workers receiving a salary of up to Indian rupees (INR) 15,000 per month. The Committee further notes that the 12th Five-Year Plan (2012–17) contemplated the creation of 50 million new employment opportunities in the non-farm sector, and skill certification for an equivalent number of persons. In addition, the Government has introduced “Make in India”, a new national programme designed to facilitate foreign investment, foster innovation and enhance skills development. The National Manufacturing Policy aims to create an additional 100 million jobs by 2022. The Committee notes the Government’s indication that the Ministry of Labour and Employment is in the process of formulating a National Employment Policy. To this end, an Inter-Ministerial Committee has been constituted and consultations with different stakeholders are ongoing. The Committee requests the Government to provide further information on the development of the National Employment Policy in consultation with the social partners and to provide a copy of the policy once it is adopted. It also requests the Government to provide further information on the impact of the increased budgetary allocations on employment creation, as well as detailed information, including statistical information, disaggregated by age, sex and disadvantaged group, such as scheduled castes and scheduled tribes, on the impact of employment programmes targeting workers in the informal economy. In this respect, the Government may consider it useful to consult the Transition from the Informal to the Formal Economy Recommendation, 2015 (No. 204).

Labour market trends. The Committee notes that the workforce increased from 459 million in 2004–05 to 474 million in 2011–12. In comparison, the increase in employment from 2004–05 to 2009–10 was just 1.1 million. The total workforce was estimated at 487 million in 2016, of which approximately 57 per cent were employed in the non-farm sector. The Committee further notes the statistical information provided by the Government on the labour force participation rate and unemployment rate. Unemployment increased to 4.9 per cent in 2013–14, up from 3.8 per cent in 2011–12. The Committee notes in this regard that the statistics indicate that the labour force participation rate was highest among the scheduled tribes, followed by the scheduled castes, and “other backward classes”, as these terms are referred to in the Constitution of India and national legislation. It also observes the continued significant differences in labour force participation between women and men. The Committee requests the Government to continue to provide updated statistical data, disaggregated as much as possible by age, sex, skills, disadvantaged group, such as scheduled castes and scheduled tribes, state and sector, on the situation and trends of labour force participation, employment, unemployment and underemployment, in both the formal and informal economies. It also requests the Government to provide information on its labour market information system and how it plans to produce timely employment data to help design more effective employment policies.

Employment programmes. In its previous comments, the Committee invited the Government to provide information on the impact of the Mahatma Gandhi National Rural Employment Guarantee Act programme (MGNREGA), a demand-driven wage employment programme, and other employment schemes. The Government indicates that it developed and launched a “Project for Livelihoods in Full Employment” (Project LIFE-MGNREGA) in the framework of the MGNREGA programme in April 2015. The Project seeks to promote self-reliance and improve the skills of MGNREGA workers, helping them to develop skills to enable them to move from being dependent on Government support into accessing full employment and better incomes. The Government adds that implementation of the MGNREGA has: (i) reduced distress migration among the rural poor; (ii) smoothened rural consumption in the lean season; (iii) set high standards of transparency; (iv) addressed underemployment; (v) created assets that improved livelihoods; (vi) boosted financial inclusion; (vii) strengthened Gram Panchayats; (viii) improved wage levels in rural areas, increasing the income levels of the poorest of the poor; (ix) set standards for decent working conditions; and (x) brought fallow lands into cultivation. The Committee notes that the MGNREGA programme generated 2.2 billion total person-days in 2013–14 and 2.35 billion total person-days in 2015–16. The Committee requests the Government to continue to provide information on the impact of employment programmes adopted, including the MGNREGA, in enhancing job growth and sustainable employment. It also requests the Government to provide further information on employment programmes aimed at increasing the labour force participation of women as well as those aimed at increasing the labour force participation of vulnerable groups, including persons with disabilities and those belonging to the scheduled castes and scheduled tribes.

Article 3. Consultation with the social partners. The Government indicates that the social partners are actively involved in the implementation of the major employment generation programmes through tripartite consultation. It adds that tripartite consultations are held at regular intervals in the Indian Labour Conference. The Committee requests the Government to provide detailed information on the consultations held with the representatives of employers’ and workers’ organizations concerning the formulation and implementation of an active employment policy and employment programmes. It also requests the Government to provide information on the scope and frequency of the consultations held within the Indian Labour Conference on the matters covered by the Convention.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Articles 1 and 2 of the Convention. Formulation and implementation of an active employment policy. The Committee notes the report received in August 2013 in which the Government indicates that various employment generation and poverty alleviation programmes have been implemented both in rural and urban areas. The Government recalls that the 11th Five-Year Plan (2007–12) growth strategy was based on sound macroeconomic policies and that it envisaged the generation of productive and gainful employment with decent working conditions as a critical strategy element. The Government highlights that the drafting of the employment policy was undertaken against that background and that the main objectives of the policy were to enhance the growth of employment in the formal segment and to improve the working conditions and productivity of the large labour force engaged in the informal economy. The Committee notes the results of the survey conducted by the National Sample Survey Office (NSSO) (2009–10) and observes that the unemployment rate had declined, that the unemployment rate was much higher among youth as compared to overall population and that the underemployment rate dropped by 1 percentage point each in both rural and urban areas. The Committee invites the Government to indicate in its next report to which extent measures implemented under the 11th Plan have managed to improve the quality of the employment generated and alleviate both unemployment and underemployment. Please also include information on the efforts made and the results achieved under the new five-year plan to improve the employment situation for young persons and workers in the unorganized sector.

Labour market trends. The Government indicates that it has been developing policies which provide special measures to promote employment among scheduled castes, scheduled tribes and women. The Committee notes the report prepared by the NSSO on employment and unemployment among social groups in India and observes that the labour force participation rate (LFPR) was highest among the scheduled tribes (46 per cent), followed by scheduled castes (41.2 per cent), and “other backward classes” (40 per cent) and lowest for others (37.5 per cent). The Committee also observes that the male/female differences in LFPR seem to be quite prominent in all categories in social groups with male LFPR much higher than female LFPR. The Committee notes that the 12th Five Year Plan endeavours to increase women’s employability in the formal sector, improve the conditions of self-employed women and take other steps to ensure decent work for them. The Plan also aims at extending labour protection for women in the informal economy. The Committee invites the Government to include in its next report relevant disaggregated data on the situation and trends of the labour market (for example by state, sector, age, sex and skills) (Articles 1(2) and 2(a)) of the Convention.

Employment programmes. The Committee notes the information provided by the Government concerning the Mahatma Gandhi National Rural Employment Guarantee Act programme (MGNREGA). It notes that the programme had targeted and outreached the poor and marginalized groups like scheduled castes/scheduled tribes (38 per cent) and women (53 per cent); that information communication technology has been used to improve the programme efficiency, and that areas of work under the programme included agriculture, fisheries and rural sanitation. The Committee invites the Government to continue to provide information on the impact of the MGNREGA and on other employment schemes such as the Prime Minister’s Employment Generation Programme in enhancing job growth and sustainable employment.

Article 3. Consultation with the representatives of the persons affected. The Government’s report draws attention to the fact that broad-based stakeholders were involved in the two national consultation meetings that took place in 2008 concerning the preparation of the draft employment policy. The Committee invites the Government to provide other examples of decisions reached on employment policy through tripartite bodies. It would also appreciate continuing to receive information on the involvement of the social partners in the implementation of the major employment generation programmes.

Part V of the report form. ILO technical assistance. The Committee refers to its previous comment and invites the Government to continue to provide updated information on the measures taken as a result of the collaboration with the ILO with respect to the matters covered by the Convention.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Articles 1 and 2 of the Convention. Formulation and implementation of an active employment policy. The Committee notes the detailed information and statistics provided by the Government in a report received in August 2012 in response to the request made by the Conference Committee in June 2012. The Government indicates that, from 2004–05 to 2010–11, the Indian economy has enjoyed an unprecedented 8.5 per cent growth, despite the fact that this was a period that saw a severe global financial and economic crisis. The crisis slowed down the growth rate to 6.8 per cent in 2008–09, but the economy rebounded with a robust growth rate of 8.6 per cent in 2010–11. This was composed of 5.4 per cent growth in agriculture, 8.1 per cent in industry and 9.6 per cent in services. The performance in agriculture has been particularly satisfying, with farmers producing more than 235 million tonnes of food grains. The Government indicates that India weathered the 2008 global crisis well by using the available fiscal space for inclusive growth through higher spending for employment generation and poverty alleviation programmes. Unlike other developed countries where the measures to counter job losses were ad hoc and contained elements of protectionism, in the Indian case, the programmes for employment generation were planned with a long-term outlook free of any elements of protectionism. Employment generation programmes like the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) have been instrumental in creating employment opportunities and placing additional income in the hands of the poor and disadvantaged sections of society. The Government also states that it is working to develop the knowledge, skills and attitudes of stakeholders involved in rural development so as to introduce them to the newest concepts, techniques and information to enable them to act as catalysts for qualitative development. The Committee invites the Government to indicate in its next report to which extent measures implemented under the Five-Year Plan 2007–12 have managed to improve the quality of the employment generated and alleviate both unemployment and underemployment. Please also provide information on the efforts made to improve the employment situation for young persons and workers in the unorganized sector and the results achieved in terms of designing targeted programmes and incentives for the promotion of sustainable job creation for the youth and for those working in the informal economy.

Labour market trends. The Government reports that underemployment in various segments of the labour force is quite high. During 2009–10, the proportion of usually employed women who were found not to be employed during the week preceding the date of the survey was 15 per cent in rural India and nearly 6 per cent in urban India. The Committee notes from the 44th Session of the Indian Labour Conference held in February 2012 that the female labour force participation rates in the country are low and have remained more or less constant over the past decades. The Government further reports that employment estimated on a usual basis has increased from 459.1 million in 2004–05 to 465.48 million in 2009–10, which shows an increase of about 6.4 million people able to find employment during that period. The number of young jobseekers in the 15–29 age group, not all of whom may necessarily be unemployed, registered with employment exchanges was 270 million on 31 December 2008. The Committee notes the information provided by the Government indicating that workers from scheduled castes, scheduled tribes and minorities are predominantly engaged in the labour market as casual workers, self-employed in agriculture, small manufactures and traders. The proportion of regularly employed workers is as low as 6.7 per cent among scheduled tribes and a little over 12 per cent among scheduled castes and minorities. The Committee would welcome continuing to receive relevant data on the situation and trends of the labour market disaggregated by state, sector, age, sex and skills, in particular for socially vulnerable groups, such as young persons, women jobseekers, scheduled castes and scheduled tribes, ethnic minorities and persons with disabilities (Article 1(2) and Article 2(a)).

Employment generation programmes. The Committee notes the detailed information provided by the Government on the different employment generation programmes implemented in order to create employment opportunities for unemployed persons, including young persons and rural workers. During the 11th Five-Year Plan 2007–12, a number of employment-oriented programmes like the MGNREGA have been implemented resulting in employment generation. It further indicates that the employment generation programmes are constantly reviewed and assessed for better performance. In the 2011–12 financial year (up to December 2011), 37.7 million households were provided employment with an average of about 32 days of employment generated per household. The Government reports that the enhanced wage earnings have led to a strengthening of the livelihood resource base of the rural poor in India as 72 per cent of the funds utilized were in the form of wages paid to workers. Furthermore, the Ministry of Rural Development has decided to redesign the ongoing Swarnjayanti Gram Swarojgar Yojana (SGSY) programme into the National Rural Livelihood Mission (NRLM) to make it universal in application, focused in approach, and time bound for poverty eradication by 2014–15. The idea has been conceived as a cornerstone of the national poverty reduction strategy. The Committee invites the Government to continue to provide information on the impact of the MGNREGA and other major employment generation programmes in enhancing job growth and sustainable employment for poor workers in the rural sector.

Article 3. Consultation with the representatives of the persons affected. The Committee notes with interest the information provided by the Government concerning tripartite consultations. The Government reports that the 44th Session of the Indian Labour Conference included discussions on issues such as the possibilities of enhancing female labour force participation, skills development for young persons, minimum wages, social security, employability and employment. Furthermore, the Government indicates that an Act like the MGNREGA, seeking to empower poor rural communities and transforming traditional hierarchical relationships through its rights-based processes, is bound to encounter a host of challenges. The Ministry of Rural Development has taken various initiatives to address these issues and strengthen the implementation of the MGNREGA through active participation by the social partners. The Committee invites the Government to continue to provide examples of questions addressed and decisions reached on employment policy through tripartite bodies. It would also appreciate continuing to receive information on the involvement of the social partners in the implementation of the major employment generation programmes.

Part V of the report form. ILO technical assistance. The Government indicates that the Decent Work Country Programme – India Document (2007–12) is being implemented in collaboration with the ILO. The National Policy on Skill Development, National Policy on Safety, Health and Environment at Work Place and National Policy on HIV/AIDS and the World of Work were also formulated with inputs and technical expertise from the ILO. The Committee invites the Government to continue to provide information on the measures taken as a result of the assistance received from the ILO with respect to the matters covered by the Convention.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Articles 1 and 2 of the Convention. General economic policies. The Committee notes the Government’s report provided in August 2011 including detailed information in reply to the 2010 observation. The Government indicates that it is implementing various employment generation and poverty alleviation programmes under the 11th Five Year Plan 2007–12 to increase employment opportunities in both rural and urban areas. The Committee notes that these programmes have not only generated employment opportunities but have also provided financial cushions for the workers and their families affected by the slowdown. The Government also recalls that the economic growth of 6–8 per cent per annum during the first half of the past decade has significantly increased the demand for labour and, hence, employment growth. The Government recognizes that employment growth has not been uniform across various population segments. Employment growth was much higher in urban areas than in rural areas and was significantly higher for urban females than for the rural males, rural females and urban males. The Government also states that addressing underemployment along with open unemployment is important for policy initiatives, particularly, from the point of view of inclusive growth. Youth were particularly affected by unemployment (for the period 2004–05, the unemployment rate was almost 30 per cent for young people aged 20–24 years). According to the Employment–Unemployment Survey conducted by the Labour Bureau, the unemployment rate for 2009–10 was 9.4 per cent nationwide, rising to 10.1 per cent in rural areas. The unemployment rate was 14.6 per cent for women compared to 8 per cent for men. As indicated by the ILO in the technical advice provided to the Government in recent years, the Committee notes that for an employment strategy to be effective, it is important to mainstream employment in the country’s development strategy. The Government might consider going beyond special programmes and integrating employment concerns into policy-making at the macroeconomic as well as sectoral level. The Government and the social partners might wish to identify sectors that are more employment-friendly and pursue policies and programmes conducive to their growth based on an analysis of the employment impact of growth of such sectors. The Committee therefore invites the Government to indicate in its next report to which extent measures implemented under the Five Year Plan 2007–12 have managed to improve the quality of the employment generated and alleviate both unemployment and underemployment. Please also provide information on the efforts made to improve the employment situation for young persons and workers in the unorganized sector and the results achieved in terms of designing targeted programmes and incentives for promotion of sustainable job creation for the youth and for those working in the informal economy. The Committee would welcome continuing to receive relevant data on the situation and trends of the labour market disaggregated by state, sector, age, gender and skills, in particular for socially vulnerable groups such as young persons, women jobseekers, scheduled castes and scheduled tribes, ethnic minorities and persons with disabilities (Article 1(2) and Article 2(a)).

Promotion of employment for poor workers in the rural sector. The Committee notes the information provided on the various important programmes implemented to provide job opportunities in the rural sector. The programme Swarnajayanti Gram Swarozgar Yojana has been providing self-employment to villagers through the establishment of self-help groups since its launching in 1999. Thus, in 2010–11, 322,093 self-help groups received assistance under that programme. The Committee notes that the national policy designed for the creation of sustainable employment in the rural sector was renamed as Mahatma Gandhi National Rural Employment Guarantee Act (MNREGA) in October 2009. According to the data supplied by the Government, MNREGA provided 52.58 million households with sustainable employment in 2009–10. The total number of jobseekers that were provided with sustainable employment has been increasing steadily over the last four years. It was suggested to increase providing work for 100 days to 200 days and that special emphasis be put on fostering small industries. The impact of the MNREGA on the improvement of rural workers’ wages was also significant in numerous states. The Committee invites the Government to continue to supply information on the impact of MNREGA and other major employment generation programmes in enhancing job growth and sustainable employment for poor workers in the rural sector.

Consultation of the representatives of the persons affected. The Committee notes that the 43rd India Labour Conference held on November 2011 included tripartite consultations and discussions on employment generation and skill development. The representatives of trade unions, employers’ organizations and States and Union Territories proposed various measures to generate employment and sustain economic growth. The Committee also notes that the social partners have been actively involved in the skills development system and that they actively contributed to the elaboration of employment policies. The Committee invites the Government to continue to provide examples of questions addressed and decisions reached on employment policy through tripartite bodies. It would also appreciate continuing to receive information on the involvement of the social partners in the implementation of the major employment generation programmes.

Part V of the report form. ILO technical assistance. The Government indicates that a National Employment Policy has been drafted in association with the ILO and is still awaiting final approval. Its objective is to accelerate employment growth, particularly in the organized sector, and to improve the quality of jobs in terms of productivity, incomes and protection of workers, especially in the unorganized sector. The Committee also notes that a Decent Work Country Programme – India Document (DWCP–ID) was launched in February 2010 in close cooperation with the ILO supporting the implementation of a national employment policy. The Committee invites the Government to indicate in its next report the action taken as a result of the advice received from the ILO in the matters covered by the Convention.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Articles 1 and 2 of the Convention. General economic policies. In reply to the 2008 observation, the Government states in a report received in September 2009 that the successive Five-year Plans in India have always stressed realizing high rate of growth in all economic activities with a view to generating additional employment for the unemployed and also to create decent sustainable work for all of those already employed. As part of the 11th Five-year Plan
(2007–12), the Government intended to create 58 million new job opportunities. During 2004–05, the workforce of 459.1 million consisted of 261.23 million self‑employed (56 per cent), 65.65 million regular workers (14.3 per cent) and 132.68 million casual workers (28.9 per cent). In its General Survey of 2010 concerning employment instruments, the Committee noted that the 11th Five‑year Plan 2007–12 provided an opportunity to restructure policies to achieve a new vision based on faster, more broad-based and inclusive growth. The plan aimed at making employment generation an integral part of the growth process and devised strategies to accelerate not only the growth of employment but also the wages of the poorly paid (General Survey, op. cit., paragraphs 41 and 602). The Committee invites the Government to include in its next report indications on the outcomes or impact of various employment policies and programmes implemented under the 11th Five-year Plan 2007–12. Please also continue to include detailed statistical data on the situation and trends of the active population, employment, unemployment and underemployment disaggregated by state, sector, age, sex and skills, in particular for socially vulnerable groups such as young persons, women jobseekers, scheduled castes and scheduled tribes, ethnic minorities and people with disabilities (Article 1(2) and Article 2(a)).

Skills development. The Government indicates that in the present context of liberalization, globalization and changing economic scenario, the emphasis needs to be on upgrading the skills of the labour force keeping in mind the demand of the labour market. The Committee also notes with interest that the Unorganized Workers’ Social Security Act, enacted on 30 December 2008, formulates schemes for skill up-graduation of workers in the informal economy. In association with the ILO, the Government has formulated the National Skills Development Policy and has taken steps on the formulation of the National Employment Policy with the objectives of providing remunerative and decent employment. The Committee looks forward to examining the first report on the application of the Human Resources Development Convention, 1975 (No. 142). The Committee recalls that Convention No. 142 is critically related to the attainment of full employment and decent work and to the realization of the right to education for all. It invites the Government to include in its next report on Convention No. 122 information on the impact of the initiatives taken for skills up-graduation and reskilling of the workforce in particular of those working in the unorganized sector.

Promotion of employment for poor workers in the rural sector. In reply to the 2008 observation, the Government indicates that the experience under the National Rural Employment Guarantee Act (No. 45 of September 2005) (NREGA) shows that the workforce participation of scheduled caste and scheduled tribe groups was around 55 per cent in 2008–09. Women workforce participation has also surpassed the statutory minimum requirement of one third participation. In the year 2007–08, women participation was 43 per cent, which has increased to 48 per cent in 2008–09. The Committee welcomes receiving in the next report updated information on the implementation of NREGA and its impact in creating employment opportunities for the rural sector.

Article 3. Consultation of the representatives of the persons affected. In reply to previous comments, the Government indicates that the 42nd Session of the Indian Labour Conference, the apex national-level tripartite body, held in February 2009, witnessed a comprehensive discussion on the global financial crisis, its effects on large-scale downsizing, lay-offs, wage cuts and job losses (General Survey, op. cit., paragraph 90). The Committee welcomes this approach and recalls that consultation with the social partners both at the earliest stages of policy formulation and during the implementation process is essential and enables governments to take fully into account their experience and views. It looks forward to examining in its next report how tripartite mechanisms have contributed to formulate an employment policy and implement active labour market measures.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes the detailed report provided by the Government in August 2007 including replies to its previous comments. The ILO technical departments in headquarters and the field have also brought additional information concerning the application of the Convention to the Committee’s attention.

1. Articles 1 and 2 of the Convention. General economic policies. The Government recalls that providing gainful and high-quality employment was one of the targets of the Tenth Five-Year Plan (2002–07). In its approach paper to the 11th Five-Year Plan, the Planning Commission has made an assessment of the previous Plan: employment growth accelerated to 2.6 per cent during 1999–2005 outpacing population growth. The unemployment rate, which increased from 6.1 per cent in 1993–94 to 7.3 per cent in 1999–2000, increased further to 8.3 per cent in 2004–05. The Government explains that this was because the working-age population grew faster than the total population and the labour force participation rates increased, particularly among women. Agricultural employment has increased at less than 1 per cent per annum, slower than the population growth and non-agricultural employment expanded robustly at an annual rate of 4.7 per cent during 1999–2005. The Committee notes that 47 million employment opportunities were created per year during the Plan period (2002–07), which was quite close to the target of 50 million. In spite of high gross domestic product and high employment growth, decline in poverty has been relatively low, at 0.8 per cent per annum. The Committee further notes that the approach paper for the 11th Five-Year Plan (2007–12) therefore calls for more inclusive growth and envisages employment as a central element of such growth. It has been proposed to create almost 70 million work opportunities as one of the socio-economic targets which can be monitored during the plan. The emphasis seems to be on productivity and incomes to address the challenges of the working poor and improvement in the employability of the poor through a concerted and large-scale programme for training and upgrading of skills. The Committee thus invites the Government to provide in its next report indications on the adoption of a more comprehensive approach to formulate and apply an active employment policy. The Government is invited to state precisely how the goal of full and productive employment has been taken into account in formulating macroeconomic and sectoral policies.

2. Promotion of employment for poor workers in the rural sector. The Committee notes that the National Rural Employment Guarantee Act (No. 45 of September 2005) (NREGA) is now being implemented. The schemes implemented aim to provide 100 days of guaranteed unskilled wage employment to each rural household in more than 600 districts of India. Provisions for regular inspection and supervision of works taken up under the scheme shall be made to ensure proper quality of work as well as to ensure that the total wages paid for the completion of the work is commensurate with the quality and quantity of the work done (see paragraph 14 of Schedule I of Act No. 42 of 2005). The Committee also notes that the ILO suggested a pilot programme on mainstreaming decent work elements in the implementation of the NREGA and promoting a consultative process with concerned stakeholders at the national and district level. The Committee welcomes this approach and looks forward to examining in the Government’s next report further information on how the NREGA has improved employment opportunities, in particular in favour of vulnerable categories of workers such as dalits and tribal peoples, and where it has failed to meet these expectations.

3. Other schemes to promote employment. The Government mentions in its report other schemes in operation for poverty alleviation and employment creation. The Committee reiterates its interest in examining information on the measures taken to reduce the decent work deficit for men and women workers in the informal economy and to facilitate their access to the labour market.

4. Collection and use of employment data. The Committee notes with interest the analysis provided by the Government in its report on the employment and unemployment situation in the country. The Committee asks the Government to report on how the data available is being used to prioritize and formulate employment policies in favour of socially vulnerable groups such as young persons, women jobseekers, scheduled castes and scheduled tribes, ethnic minorities and people with disabilities (Article 1, paragraph 2, and Article 2(a)). Please also continue to include detailed statistical data on the situation and trends of the active population, employment, unemployment and underemployment disaggregated by state, sector, age, sex and skills.

5. Labour market policies and training. In its previous comments, the Committee noted that a national vocational training policy was under discussion. The Government indicates in its report that vocational training for both men and women is being accorded top priority in the 11th Five-Year Plan and is being treated as an industry. Efforts are being made to attract private investment into the sector. Private investment has come in only for the higher wage skills or for skills linked with government jobs. The Government recognizes that it is necessary to encourage a broader based system offering skill enhancement possibilities in smaller towns. The Government also plans to upgrade 500 industrial training institutes into centres of excellence for producing a multiskilled workforce of world standard. In this respect, the Committee invites the Government to include in its next report information on the effectiveness of the measures introduced in responding to the demand of skills in the labour market. Please also indicate how attention was given to the challenge of meeting the skill needs of the unorganized sector.

6. Article 3. Consultation of the representatives of the persons affected. In reply to its previous comments, the Government indicates that the Special Tripartite Meeting has yet to be held. In its previous reports, the Government mentioned that a special Tripartite Committee was formed to consider the impact of the new industrial policy on problems of labour and related matters and to make appropriate recommendations. Taking into account the employment challenges that face the country and the importance of establishing an adequate strategy, in consultation with the representatives of the workers’ and employers’ organizations, on the matters covered by the Convention, the Committee reiterates its interest in receiving detailed information on the frequency and results of the consultations to secure the full cooperation of representatives of the social partners, in the formulation and implementation of employment policies. Please also report on any consultations held with the beneficiaries of the NREGA and provide details of the way in which the Government and the social partners have addressed the matters noted in this observation.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

1. General economic policies. The Committee notes the information provided by the Government in its report for the period ending May 2005. It notes that the mid-term Appraisal of the Five Year Plan (2002-07) has reiterated that gainful employment can only come from robust growth and the need to ensure acceleration of agricultural growth as an integral part of a sustainable employment strategy. Despite the healthy economic growth, the Government indicates that the formal sector of the economy has not been able to increase sufficiently. The Government has introduced supportive policies in order to promote sectors such as construction, real estate and housing, transport, small-scale industries, modern retailing, information technology and tourism. While taking note of this information, the Committee asks the Government to provide information in its next report on the results achieved under the Tenth Five-Year Plan 2002-07 to create gainful employment, in particular by sustaining an adequate level of public investment in agriculture. In this respect, the Committee would like to examine information on the manner in which other macroeconomic policies, such as monetary and fiscal policies, advance the promotion of full, productive and freely chosen employment and how the measures taken to promote full and productive employment operate within a “framework of a coordinated economic and social policy” (Articles 1 and 2 of the Convention).

2. Collection and use of employment data. The Committee notes with interest the estimated data on the labour market trends provided by the Government in its report indicating that 9 million persons have been identified as openly unemployed out of a total labour force of more than 406 million. The growth rate of employment is less than the growth rate for the labour force, resulting in an increase in the unemployment rate. The Government further indicates that the percentage of the population below the poverty line has come down from 36 per cent in 1993-94 to 26.1 per cent in 1994, showing an improvement in the income level of the employed. Nevertheless, organized sector employment is not growing and its share is only 1 per cent of the total employment. Self-employment and casual employment continue to play a pivotal role in integrating the unemployed into the labour market. The Committee hopes that in its next report the Government will continue to provide full and detailed statistical data on the situation and trends of the active population, employment, unemployment and underemployment disaggregated by sector, age, sex and skill level and that it will indicate how these data are being used to prioritize and formulate employment policies in favour of socially vulnerable groups such as young persons, women jobseekers, scheduled castes and scheduled tribes, ethnic minorities and people with disabilities (Article 1, paragraph 2, and Article 2(a)). Please also indicate the methodology used to estimate the size of the total labour force and the other data provided in the Government’s report.

3. Workers in the rural sector and in the informal economy. The Committee notes with interest that the National Rural Employment Guarantee Bill introduced a scheme for rural areas with nationwide coverage which provides a maximum of 100 days of employment in public works in a fiscal year to all those adults who would seek unskilled manual employment. It also notes the launch of the National Food for Work Programme to generate supplementary wage employment and the provision of food security in 150 districts. The Committee requests the Government to provide information in its next report on the implementation of rural employment policies and programmes and on any other measures it has taken to promote employment and improve the quantity and quality of employment opportunities in rural areas. The Committee also reiterates its interest in examining in the next report information on the measures taken to reduce the decent work deficit for men and women workers in the informal economy and to facilitate their insertion in the labour market.

4. Labour market policies and training. In reply to the Committee’s previous comments, the Government states that it runs 500 industrial training institutes and a number of other specialized institutions to provide vocational training to workers. A national vocational training policy is currently under discussion. The Committee requests the Government to continue to provide information regarding measures taken to ensure that current training is responsive to labour market demands and the efforts made to provide training to workers outside the organized sector.

5. Consultation of the representatives of the persons affected. In reply to its previous comments, the Government indicates that workers’ and employers’ organizations are actively associated with the planning process in India. The Ministry of Labour also places, whenever considered appropriate, matters relating to employment for discussion in the Indian Labour Conference. A special Tripartite Committee has also been formed to consider the impact of the new industrial policy on problems of labour and related matters and to make appropriate recommendations. The Committee invites the Government to provide information in its next report on any recommendation made by the above tripartite committee in relation with the formulation and implementation of employment measures. Please also indicate the measures taken or envisaged to ensure that representatives of the rural sector and the informal economy are also associated with the consultations required by Article 3 of the Convention.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the Government’s report for the period ending in May 2003 and the information it contains in reply to its previous direct request. The Committee hopes that the next report will contain detailed information enabling it to assess the practical effect given to the Convention in respect of the following matters.

1. General economic policies. In its previous request the Committee noted the Government’s job creation targets under the tenth Five-Year Plan (2002-07) and requested detailed information on the programmes implemented and their outcomes. Ten million jobs a year were to be created under the Plan and monitoring and evaluation machineries were set up at national and state level. The Committee requests the Government to state to what extent the employment targets set have been achieved. Recalling that under the Convention measures taken to obtain employment objectives must be decided on and kept under review "within the framework of a coordinated economic and social policy" (Article 2(a) of the Convention), the Committee requests the Government to indicate how it takes account of the effects on employment of general economic policy measures in areas such as budgetary and monetary policy, trade policy and exchange rate policy. Please also provide information on the effects, either noted or expected, on employment of state reform measures, and the measures to encourage competition and promote foreign direct investment.

2. Employment statistics. The Committee notes that in order to monitor regularly the progress made in job creation, there are to be large-scale annual surveys on employment and that the difficulties encountered in implementing the Plan’s employment strategy will also be evaluated. The Committee hopes that in its next report the Government will provide detailed statistics on the situation and trends of employment and that it will be in a position to specify how these statistics are used in deciding on and reviewing employment policy measures (Article 2).

3. Labour market policies and training. The Committee draws the attention of the Government to its comments on the application of Convention No. 111, in light of the steps taken by the Employment Service to cater to the specific needs of women, scheduled castes and scheduled tribes, persons with disabilities and minorities. It requests the Government to continue to provide such information, stating the results obtained in terms of actual and sustained integration in employment of their beneficiaries. The Committee also notes the statistical data showing the progress made in initial education. It requests the Government to supplement this information with a description of the measures taken or envisaged to develop continuous training for young persons and adults on the basis of employment prospects.

4. The Government mentions in its report the legislative measures and social assistance programmes established for persons in the non-organized sector. The Committee requests the Government to provide information in its next report on the measures taken to reduce the decent work deficit for men and women workers in the informal economy and to facilitate their insertion in the labour market.

5. Consultation of representatives of the persons affected. The Committee notes the information pertaining to the items on the agenda of the Indian Labour Conference held in September 2002. It is the Committee’s view that governments and representative organizations of employers and workers share responsibility for ensuring that representatives of the more vulnerable or marginalized sectors of the active population are associated as closely as possible with the formulation and implementation of measures of which they should be the prime beneficiaries (paragraph 493 of the General Survey of 2004 on promoting employment). It accordingly requests the Government to continue to provide information on consultations with representatives of the persons affected regarding employment policies, and to indicate the measures taken or envisaged to ensure that representatives of the rural sector and the informal economy are likewise associated with such consultations.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

1. The Committee notes the detailed information contained in the Government’s first and second reports. It notes in particular the extensive labour market analysis contained in the "Approach Paper to the 10th Five-Year Plan (2002-2007)," prepared by the Planning Commission and "Employment-Generating Growth", prepared by the Special Group on targeting ten million employment opportunities per year. The Committee would be grateful if the Government would continue to supply detailed information on actual programmes and on their outcomes, including statistics wherever possible (Part I of the report form).

2. Articles 1 and 2 of the Convention. The Committee notes that the Government’s employment policy is comprehensive and very well-integrated into the general economic and social development plan. It also notes that a process has been established to review and adjust policies. The Committee would appreciate receiving further information on the specific programmes implemented to carry out these polices, and disaggregated data to determine their impact on the target groups. The Committee also notes the numerous recommendations contained in the "Approach Paper" (page 56) and "Employment-Generating Growth" (Summary and Overview). It would also appreciate receiving further information on any follow-up measures taken in light of these recommendations and, in particular, specific information on the size of the labour force.

3. Article 1, paragraph 2(c). Please see under Convention No. 111. The Committee would be grateful if the Government would also include in its next report further information on the measures taken in order to respond to the employment needs of categories of persons having difficulties in finding lasting employment, such as women, young workers, disabled persons and older workers, and in particular members of scheduled castes and scheduled tribes.

4. The Committee states in this regard that, despite the Government’s efforts at job promotion, only 8.34 per cent of workers are employed in the formal economy, of which public sector employment (5.77 per cent) accounts for the large majority. It also notes that the number of formal sector jobs is shrinking, while informal sector jobs often do not meet minimum standards. The Committee encourages the Government to intensify its efforts in this regard, and to keep it informed of trends in employment.

5. The Committee notes that the Government emphasizes education and training as a major means of achieving its goal of creating productive jobs. The Committee also notes the statement in the Approach Paper that "performance in the field of education is one of the most disappointing aspects of our development strategy". Only 60 per cent of school children aged 6-14 are enrolled in school. Specific targets for improvement include the goals of "All children in school by 2003", and "All children to complete five years of schooling by 2007". The Committee asks the Government to provide detailed information in its next report on the measures taken to increase the school enrolment figures and data on the impact of such measures disaggregated by gender. It also requests information on measures taken to coordinate education and training policies with prospective employment opportunities.

6. Article 3. The Committee notes the information supplied by the Government in relation to the consultations held by the Ministry of Labour and other ministries in order to consult extensively with workers’ and employers’ organizations. The tripartite Planning Commission also gives its views on various aspects of employment promotion, and the Ministry of Labour may raise issues for discussion at the Tripartite Indian Labour Conference. The Committee would appreciate receiving further information on the outcome of these consultations on the matters covered by the Convention. Please also supply information on consultations with representatives of other sectors of the economically active population, such as those working in the rural sector and the informal sector, who make up the vast majority of workers in India.