Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

India

Hours of Work (Industry) Convention, 1919 (No. 1) (Ratification: 1921)
Weekly Rest (Industry) Convention, 1921 (No. 14) (Ratification: 1923)
Night Work (Women) Convention (Revised), 1948 (No. 89) (Ratification: 1950)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on working time, the Committee considers it appropriate to examine Conventions Nos 1 (hours of work), 14 (weekly rest) and 89 and its Protocol (night work of women) together.

The Committee notes the observations of the All India Trade Union Congress (AITUC) on Conventions Nos 1 and 89, objecting to amendments to the Factories Act, 1948 as applied to the state of Karnataka (the Factories (Karnataka Amendment) Act, 2023). In particular, the Committee notes that the AITUC expresses concerns regarding the increase in: (i) the maximum number of daily working hours (up to 12 hours, within the weekly limit of 48 hours); and (ii) the maximum number of additional hours of work (up to 144 hours per quarter), which can have negative impacts on safety and health. The Committee requests the Government to provide its comments in this regard. The Committee also requests the Government to indicate the consultations that took place prior to the adoption of those amendments.

Legislative developments and application in practice of the Conventions. The Committee notes the adoption of the Occupational Safety and Health and Working Conditions Code, 2020 (hereinafter, the 2020 Code), consolidating provisions of 13 laws, including the Factories Act, 1948 and the Mining Act, 1952. It observes, however, that the 2020 Code is not yet in force. The Committee requests the Government to provide information on the progress made concerning the entry into force of the 2020 Code.

Hours of work

Article 1 of Convention No. 1. Scope of application. The Committee notes that, pursuant to section 2(w) of the 2020 Code, factories using the aid of power with less than 20 workers; or factories without the aid of power with less than 40 workers, are not covered by the 2020 Code. This results in a narrower scope of application than the Factories Act, 1948, which excludes factories with less than 10 employees. The Committee requests the Government to indicate how it will ensure that the provisions of the Convention are also observed in relation to workers who are excluded from the 2020 Code.

Article 2. Weekly limit. The Committee notes that section 25(1) of the 2020 Code provides for a daily limit to hours of work of eight hours per day but does not contain provisions on weekly limits to hours of work. The Committee requests the Government to indicate the weekly limits to working hours for all workers under the scope of application of the Convention.

Article 6. Permanent and temporary exceptions. Prior consultations with employers’ and workers’ organizations. Following its previous comments, the Committee notes the Government’s indication in its report that consultations with stakeholders took place prior to the adoption of the 2020 Code, including nine rounds of tripartite consultations. The Committee also notes that, while section 27 of the 2020 Code allows overtime subject to the consent of the worker, it does not fix a maximum number of additional hours, nor does it foresee the circumstances under which overtime is authorized. The Committee recalls the importance of national legislation and practice restricting recourse to exemptions to cases of clear, well-defined and limited circumstances (2018 General Survey concerning working-time instruments, para. 119). The Committee further recalls that, pursuant to Article 6(2), regulations on additional hours shall fix the maximum number of additional hours in each instance. The Committee accordingly requests the Government to provide information on any Rules adopted under section 27, and to specify: (i) the circumstances under which overtime is allowed; (ii) the maximum number of additional hours allowed; and (iii) the consultations that were held with social partners in the adoption of such Rules.

Weekly rest

Articles 1 and 2 of Convention No. 14. Scope of application. Following its previous comments regarding the exclusion from the Factories Act, 1948 of workers employed in factories with less than ten employees, the Committee notes that, pursuant to section 2(w) of the 2020 Code, factories using the aid of power with less than 20 workers; or factories without the aid of power with less than 40 workers, are not covered by the 2020 Code. The Committee requests the Government to indicate how it is ensured that weekly rest is granted to all factory employees, irrespective of the number of employees in the factory.

Articles 4 and 5. Total or partial exceptions. Compensatory rest. The Committee notes that the principle of a weekly rest day is provided under section 26(1) of the Code. However, pursuant to section 26(2) of the Code, workers can be exempted from the application of section 26(1), in accordance with conditions prescribed by the appropriate state government. Furthermore, section 26(3) of the Code provides that workers deprived of their weekly rest shall be allowed a compensatory rest within the month in which the holidays were due or within the two months immediately following that month they were deprived of their weekly rest. In this regard, the Committee recalls the importance of granting compensatory rest within an appropriate lapse of time in order to protect workers’ health and safety and their participation in family life (2018 General Survey concerning working-time instruments, para. 918). The Committee requests the Government to provide information on any exemptions introduced pursuant to section 26(2) of the Code, and to indicate how, in accordance with Article 4(1) of the Convention, such exceptions: (i) give special regard to all proper humanitarian and economic considerations; and (ii) are adopted after consultation with responsible associations of employers and workers.

Night work

Article 3 of Convention No. 89 and Article 2 of Protocol No. 89. Prohibition on night work for women. Maternity protection. Following its previous comments on the Protocol, the Committee notes that section 66 of the Factories Act, 1948, and section 46 of the Mines Act, 1952, prohibit the night work of women, subject to limited variations in the hours covered by the prohibition that can be defined by the appropriate state government. The Committee also notes that, pursuant to section 43 of the 2020 Code, which is not yet in force, women may be employed at night with their consent, subject to such conditions relating to safety, holidays and working hours or any other condition as may be prescribed by the appropriate state government. The Committee nevertheless observes that there are no provisions in the 2020 Code concerning the protection of women night workers, in relation to maternity. Recalling that protective measures applicable to women’s employment at night which go beyond maternity protection and are based on stereotyped perceptions regarding women’s professional abilities and role in society violate the principle of equality of opportunity and treatment between men and women, and recalling that Convention No. 89 will be open for denunciation between 27 February 2031 and 27 February 2032, the Committee draws the Government’s attention to the Night Work Convention, 1990 (No. 171), which is not devised as a gender-specific instrument but focuses on the protection of all those working at night (2018 General Survey concerning working time instruments, paras 408 and 545). The Committee requests the Government to provide further information on measures taken or envisaged to protect women night workers with regard to maternity, under the 2020 Code.