Background Study Tirupur - Fair Wear Foundation

4. The labour standards
This section gives an overview of the situation regarding each of the eight labour
standards in the FWF Code of Labour Practices. There is general description of
the reality in garment production regarding each labour standard, and there is an inventory of
applicable laws, regulations and court decisions.
ILO conventions related the code of labour practices ratified by India:
India has ratified only conventions related to Forced labour related Convention 29 on
30/11/1954 and Convention 105 on 18/05/2000, The Bonded labour System (Abolition) Act,
1976 was enacted. The Act by way of abolition of bonded labour seeks to prevent the economic
and physical exploitation of the weaker section and needy workmen who may accept
any terms for pledging their labour in order to escape hunger and/or destitution. This Act extends
to whole of India. (Mumbai BS)
Further it has ratified Discrimination related Convention C 100 on 25/09/1958 and C 111 on
03/06/1960.
The Equal remuneration Act, 1976, the objective of the Act as defined in the Act is: to provide
for the payment of equal remuneration to men and women workers and for the prevention of
discrimination, on the ground of sex, against women in the matter of employment and for
matters connected therewith or incidental thereto.
Hence according to this Act is it the duty of the employer to pay equal remuneration to men
and women workers for same work or work of similar nature and requires that no discrimination
be made while recruiting women workers, except where the employment of women in
such work is prohibited or restricted under any law for the time being in force. The Act is in
conformity with the ILO convention 100 and extends to whole of India and applies to the establishments
notified by the Central Government. The Act is now applicable to almost every
kind of establishment including Garment oriented unit.
There is no specific act against Discrimination in employment, which could be said to be in
accordance with ILO conventions 111. (ASK 2001)
India has not ratified conventions related to Elimination of worst forms of child labour (ILO
convention 182).
The Child Labour (Prohibition and Regulation) Act, 1986 prohibits engagement of children in
certain employment, which are considered unsafe and hazardous to child workers who are
below the age of 14 years. It also aims at regulating the conditions of work of children in certain
other employment and prescribes hours, health and safety measures, weekly holidays,
inspections, etc.
The Factories Act, 1948 prohibits employment of Children under the 14 years of age. After
attainment of 14 years of age a certifying surgeon has to certify the child to be fit to work as a
child and hence working conditions for the child are regulated as per provisions given in the
Act for child workers. After attaining the age of 15 years the certifying surgeon has to certify
the child as fit to work as an adult and hence the provisions given for adult are applied to that
child. While Minimum wages Act, 1948, also prescribes regulation for child labour in terms of
hours and wages.
Besides these Acts, with a view to eliminating child labour, the government is implementing
National Child Labour Projects (NLCPs). During 2000-2001, 96 NCLPs have been sanctioned
for rehabilitation of about 2 lakh children removed from work.
These Acts and efforts collectively contribute to the ILO convention 138. (ASK 2001)
India has not ratified conventions related to freedom of association etc. (ILO conventions 87,
98, 135).
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