“Determined measures” are needed to ensure that India complies with the commitments on labour standards it accepted at the Singapore, Geneva and Doha WTO Ministerial Declarations over 1996-2001, according to a report by the International Trade Union Confederation (ITUC).

ITUC, which represents 168 million workers in 153 countries, made this observation in its report for the WTO General Council review of India’s trade policies, to be held in Geneva from May 23 to 25, 2007.

The ITUC report is one in a series produced in accordance with the declaration adopted at the first ministerial conference of the World Trade Organisation (Singapore, December 9-13, 1996) that stated: “We renew our commitment to the observance of internationally recognised core labour standards.” The fourth ministerial conference (Doha, November 9-14, 2001) reaffirmed this commitment.

The ITUC report notes that India has not ratified the core International Labour Organisation (ILO) convention on freedom of association or the core convention on collective bargaining.

There are several restrictions with regard to freedom of association, collective bargaining and the right to strike, both in law and in practice. There is no legal obligation on employers to recognise trade unions or to engage in collective bargaining.

Moreover, a change in legislation in 2001, which amended the Trade Union Act of 1926, states that a trade union has to represent at least 100 workers, or 10% of the workforce, whichever is less, compared to a minimum of seven workers previously. Such a minimum requirement of 100 workers is “very high” by international standards.

Public sector workers have only limited rights to organise and bargain collectively. There are “extremely poor” working conditions in many factories producing for international export, where trade unions face significant obstacles.

There is growing use of contract labour, which makes organising difficult and has led to the weakening of trade unions.

In general, employers are hostile towards trade unions and use intimidation, threat, beatings and demotions. Legal procedures are long and costly and labour inspection and enforcement of labour legislation often lacking, rendering the exercise of legal rights to freedom of association extremely difficult.

Workers have the right to organise and collectively bargain in Special Economic Zones (SEZs). In practice, entry into these zones is restricted, making organising and trade union activities difficult. Moreover, since the zones were declared public utilities in 2001, a 45-day strike notice period is required.

Furthermore, state laws can dilute the central labour legislation in SEZs. Attempts have been made to exempt SEZs from the application of labour laws. For instance, the government of New Delhi has exempted SEZs from most labour legislation and there is a ban on the formation of trade unions. Likewise, Andhra Pradesh has dissuaded the labour department from carrying out inspections in SEZs.

A majority of SEZ workers are women, employed in garments, electronics and software. Workers who protest are “often dismissed immediately,” and many are employed on a temporary contract basis by “fictitious contractors”.

The ITUC report also states that new employment sectors, such as call centres, the BPO industry, the visual media and telecommunications are not covered by any explicit employment regulations, and employers often obstruct the formation of unions.

India has ratified the core ILO Convention on Equal Remuneration as well as the Convention on Discrimination. However there are legal shortcomings and, in practice, there is discrimination in employment and wages. In particular, dalits are subject to serious discrimination and are employed in the most exploitative jobs.

India has not ratified the core ILO Convention on the Worst Forms of Child Labour, and the Convention on Minimum Age. Despite efforts, child labour remains a serious problem in the country. Although India has ratified both Conventions on Forced Labour, there are reports of trafficking for forced labour and forced prostitution. There is also the widespread problem of bonded labour in India.

ITUC affiliates in India are the Hind Mazdoor Sabha (HMS), the Indian National Trade Union Congress (INTUC) and the Self-Employed Women’s Association (SEWA).

May 25, 2007