Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

1. The Committee notes the observations made by the Hind Mazdoor Sabha (HMS) workers' organization on the application of the Convention. As to the guidelines issued by the Central Government for the fixation of regional minimum wages, to which the Committee referred in its previous comments, HMS states that no progress was made in the actual regional minimum wage fixing, because of the lack of agreement. It points out that several states with a varying degree of industrial development are grouped in a region, and that the guidelines have no statutory force like the Minimum Wages Act, 1948. Besides, HMS considers that the division of a state into wage zones should be minimized for easier implementation, and observes that the application of revised minimum wages is often suspended because the case is referred to the High Court on technical grounds. HMS also mentions the difficulties of applying the minimum wage to homeworkers, in spite of the theoretical coverage of the Minimum Wages Act. As to the enforcement, HMS indicates difficulties facing the inspectors, such as the lack of transport facilities.

The Committee notes that the Government has not communicated its comments on these observations, and invites it to do so and to provide also comprehensive information on the results of the application of the minimum wage-fixing machinery in accordance with Article 5 of the Convention. As to the implementation of the minimum wages, the Committee recalls that the Government's awareness of such impediments as shortage of staff, lack of transport facilities has already been noted in the previous direct request. It again hopes that the Government will maintain its consciousness of this issue and will continue to indicate any measures taken to ensure better application of the law on minimum wages in the entire territory.

2. The Committee recalls that in its previous comments, it considered the comments made by the Bharatiya Mazdoor Sangh (BMS) workers' organization concerning, inter alia, the application of a series of recommendations that had been made by the Labour Ministers' Conference of the States of the Union. The Committee then noted the Government's indication that it was considering amendments to the Minimum Wage Act, 1948, to provide for the review of minimum wages at intervals not exceeding two years, or when there are variations in the consumer price index, and also that the Government was examining amendments to increase the penalties for violations of the Minimum Wages Act. Noting that no new information has been available in this regard, the Committee requests the Government to indicate the progress achieved in amending the Minimum Wage Act in line with the above recommendations.

3. The Committee is also addressing a direct request to the Government on certain points.

[The Government is asked to report in detail for the period ending 30 June 1994.]