Direct Request (CEACR) - adopted 1987, published 74th ILC session (1987)

Weekly Rest (Industry) Convention, 1921 (No. 14) - India (Ratification: 1923)

The Committee has taken note of the observations made by the Centre of Indian Trade Unions (CITU) on the application of the Convention, and the comments on these observations communicated by the Government.

In its observations the CITU raises the following questions:

1.the applicability of the Convention (a) to air transport, which is not mentioned in Article 1(d) of the Convention and (b) to railway workers excluded from the provisions of the Convention by virtue of Article 1, paragraph 2, which provides for the application of the special national exceptions regarding India, contained in Article 10 of the Hours of Work (Industry) Convention, 1919 (No. 1);

2.the lack of provisions on weekly rest in the Dock Labourers Act, 1934, the Contract Labour (Regulation and Abolition Act) Act, 1970 and the Sales Promotion Employees (Conditions of Service) Act, 1976;

3.the absence of a list of exceptions from weekly rest provided for in Article 6 and made under Articles 3 and 4 and the lack of consultation of organised labour in this respect.

As concerns the scope of the Convention and its application to India, the Committee notes that (a) Article 1(1) of Convention No. 14 gives a definition of "industrial undertaking" which does not include transport by air and (b) that, as far as railway workers are concerned, by virtue of the national exeptions referred to above, it is up to the competent national authority in India to determine in which branches of railway work the principle of weekly rest should apply. However, the Committee considers that it would be desirable for the Government of India to extend the provisions of the Convention to all workers employed in all industrial undertakings.

Concerning the CITU's reference to various Acts which contain no provision on weekly rest, the Committee notes the Government's statement that as the objectives of the different labour laws may differ, these texts should be viewed in connection with the provisions regarding the weekly day of rest contained in other Acts in force such as the Factories Act, the Minimum Wages Act, the State Shops and Establishments Act, etc.

Articles 4 and 6 of the Convention. The Committee requests the Government to communicate an updated list of exceptions from the provisions on weekly rest and to indicate whether the organisation of employers and workers concerned were consulted in establishing these exceptions.