Demande directe (CEACR) - adoptée 2019, publiée 109ème session CIT (2021)

Convention (n° 144) sur les consultations tripartites relatives aux normes internationales du travail, 1976 - Inde (Ratification: 1978)

The Committee notes the observations submitted by the Centre of Indian Trade Unions (CITU), received on 22 January 2019. The Government is requested to provide its comments in this respect.

Articles 2 and 5 of the Convention. Effective tripartite consultations. In its 2017 direct request, the Committee requested the Government to provide information on the content and outcome of the tripartite consultations held on the matters concerning international labour standards covered under Article 5(1) of the Convention. The Committee welcomes the detailed information supplied by the Government in its report regarding tripartite consultations held with the social partners from 2015 to 2018 on the matters covered by the Convention. The Government indicates that consultations were carried out with the social partners in writing on a number of questionnaires concerning items on the agenda of the International Labour Conference (Article 5(1)(a) of the Convention). Tripartite consultations were also held on 10 January 2017 in relation to the submission of the Transition from the Informal to the Formal Economy Recommendation, 2015 (No. 204), and the Employment and Decent Work for Peace and Resilience Recommendation, 2017 (No. 205), pursuant to Article 5(1)(b). With regard to tripartite consultations concerning the possible ratification of ILO instruments, the Government indicates that the 38th Session of the Tripartite Committee on Conventions (CoC) was held on 10 January 2017, under the Chairmanship of the Secretary of the Ministry of Labour and Employment. Members of all central trade unions and employers’ organizations participated in these meetings along with representatives of state governments and central ministries (Article 5(1)(c)). The Committee notes with interest that, after agreement was reached in the CoC, the Government ratified the Minimum Age Convention, 1973 (No. 138), and the Worst Forms of Child Labour Convention, 1999 (No. 182), on 13 June 2017, after modifying the Child Labour (Prohibition & Regulation) Act, 1986, (Article 5(1)(c)). The Government also provides information on tripartite consultations held through 2017 on reports to be made to the ILO in relation to Article 22 reports (Article 5(1)(d)), as well as on consultations held during the reporting period on the abrogation and withdrawal of certain instruments. The Committee notes that, in its observations, the CITU maintains that the Government has failed to comply with its obligations pursuant to the Convention. The CITU observes that the Indian Labour Conference, a tripartite structure at the national level, had previously been held annually, with a tripartite standing committee meeting in between the ILCs. The Government has not held the 47th Indian Labour Conference despite calls from the central trade union organizations to do so. The CITU also alleges that the Government has failed to implement important decisions unanimously adopted in the 44th, 45th and 46th Indian Labour Conferences. With regard to the ratification and implementation of ILO Conventions and Recommendations, the CITU observes that meetings of the CoC were previously held twice a year, but no meetings have been held since 10 January 2017 and decisions reached in the meeting have not been implemented. The organization adds that, at the last CoC meeting, the Labour Secretary undertook to continue to hold meetings of the CoC at least twice a year, but no further meetings have been called. The Committee recalls that Article 5(2) of the Convention states that, in order to ensure adequate consideration of the matters referred to in Article 5(1), consultation shall be undertaken at appropriate intervals fixed by agreement, but at least once a year. The Committee requests the Government to continue providing detailed up-to-date information on the frequency, content and results of the tripartite consultations held on all the issues relating to international labour standards covered by the Convention. It further requests the Government to indicate the manner in which account is taken of the positions expressed by the representative organizations on the functioning of the consultation procedures required by the Convention.