BMS opposes NMIZ policy

Bharatiya Mazdoor Sangh (BMS) strongly opposes the anti labour proposals in the draft National Manufacturing Policy (NMP) released by the Ministry of industry and Commerce recently, said Saji Narayanan C.K., National President. The anti labour proposals in the draft includes- Contract Labour Abolition Act will not be applicable to the units in the NMIZ, flexibility to downsize, restrictions on the right to join unions, Labour Laws be made more flexible, employment of women in three shifts, maintaining temporary status of employees, extension of shift hours, ease the burden of payment to labour at the time of closure of unit etc. No such anti labour proposals were discussed by the Ministry of Labour with the social partners including Trade Unions. Commerce Minister’s declaration that stakeholders have been consulted is clearly a lie. Hence the act of Ministry of Industry and Commerce is clearly an encroachment into the domain of Ministry of Labour. The Commerce Ministry feels that development of industry can be achieved only at the cost of labour. The NMP contradicts the Ministry’s own declared Industrial Policy (1991) clause that no small section of society can corner the gains of growth, leaving workers to bear its pains and that labour should be an equal partner in progress and prosperity.

Ministry was misled by the wrong information that China has become the manufacturing hub of the world through relaxed labour laws in manufacturing units. This issue was raised earlier before the 2nd National Commission on Labour which after visiting China has reported that no labour law is relaxed in SEZ or other manufacturing sectors in China. The Government is following the same wrong step as it took regarding SEZ policy which has ended in a National tragedy. “Development” should not be at the cost of labour. The trade unions cannot tolerate NMP breeding Shylocks who seek the flesh and blood of labour. The ministry should realize that even without making labour a causality our industries and manufacturing units can grow and compete in the world market, BMS President added. Workers are looking upon every change proposed in labour laws with caution. The present tendency is to shift all the blame in the industrial field on the shoulders of workers.

We maintain the view that Industrial sickness is primarily due to management failure. For the failure of management, worker should not suffer. So it is fundamentally wrong to say that labour laws are a hindrance to industrial progress. Development without retrenchment should be the new approach. The idea of social partners recognizes three groups interested in the industrial progress, viz. the employers, workers and the consumers. The fruits of gains and demerits of the industry should be shared by all the three partners alike. Then only they will display a real sense of belonging to the industry. The exploitative philosophy of capitalism prefer contract labour system because of two main reasons, viz. workers need be given only lower wages and they can be thrown out at any time. This is sheer exploitation. Hence Saji Narayanan demanded the Ministry to reshape the NMP to make it a labour friendly one.

(C.K. Sajinarayanan)
President

NMIZ Policy – GOI

NATIONAL MANUFACTURING AND INVESTMENT ZONES TO CREATE MORE JOBS: ANAND SHARMA – ADDRESSES INDUSTRY CAPTAINS

Shri Anand Sharma, Union Minister for Commerce & Industry, while addressing at an Interactive Session with Industry of Northern Region, in Chandigarh today, said that while services have grown at a rapid pace, the share of the manufacturing sector in the country’s GDP has stagnated at around 15%. “With the objective of helping Indian manufacturing to achieve its true potential and in the process be an engine for job creation, we have proposed the creation of a number of National Manufacturing & Investment Zones (NMIZ)”, the Minister added. While detailing the NMIZs, Shri Sharma said: “the NMIZ would provide good physical infrastructure, a progressive exit policy, structures to support clean and green technologies, appropriate investment incentives and business friendly approval mechanisms and each zone would have a combination of production units, public utilities, logistics, environment protection mechanisms, residential areas and administered services. The interactive session was organised by the Confederation of Indian Industry (CII) and attended by a large number of representatives from Industry and senior officials of the government.

During the interaction, Shri Anand Sharma said, “We have witnessed rapid economic development post liberalization. However, given the size of our country and the daunting task of providing a basic minimum standard of living for all, we need to achieve much faster growth. We are a young country and we need to cater to the youthful aspirations. According to the 2007-08 Economic Survey, 64.8% of India’s population would be in the working age of 15-64 years in 2026. By 2015, India will have 800 million people in the productive age group of 15 to 59, ahead of China which is expected to have only 600 million. This means that we need to create employment and enterprise opportunities at that scale. For this to happen, jobs will have to be created both in the services and the manufacturing sector”.

“The NMIZ would have a governing body which would be in the form of a Special Purpose Vehicle (SPV) formed with the constituents of that specific NMIZ. The SPV would have the delegated authority from the State Government, Ministries in the Central Government and other Government agencies for issuing necessary clearances for the inception and continuation of business ventures inside the NMIZ. Thus, the concept of NMIZ combines the framework for more business friendly policy, procedures and approval ecosystem, combined with superior physical infrastructure”, he added.

“Investments are critical to economic growth and in today’s globalized world, FDI play an important role,” stated Shri Sharma and added that “while India remains an attractive destination for FDI, we can do with much more. In order to simplify FDIs, my Ministry has released the final document of FDI Policy Framework that would now comprise the single document on FDI policy”.

Speaking on the occasion, the Minister said that the Delhi Mumbai Industrial Corridor (DMIC) development project being executed over six States of Gujarat, Maharashtra, Madhya Pradesh, Himachal Pradesh, Rajasthan and Uttar Pradesh at an investment of over US $ 90 billion, will generate significant economic activity along the dedicated rail freight corridor between Delhi and Mumbai and aims to double employment potential in seven years, triple industrial output in nine years and quadruple exports from the region in 9 year period. “Under this project, 24 investment nodes have been identified of which there are 11 investment zones and 13 industrial areas. Of the seven nodes being developed in the first phase, Manesar-Bawal region in Haryana is receiving special focus and attention. We have cleared the overall perspective plan for the Delhi-Mumbai Industrial Corridor region and planning of the roads in Haryana is proceeding at a fast pace. In the Early Bird projects finalized for the state of Haryana, a project for establishment of a Smart City which envisages the Manesar-Bawal region which will be implemented on a PPP basis with the support and collaboration of Japan. In the recent visit of the Japanese Trade Minister, we took stock of the progress of the project and I am satisfied that we are proceeding as per schedule. I have also held a meeting with the Chief Minister of Haryana who has kindly agreed to earmark 250 acres of land for establishment of a world class Convention cum Exhibition facility”, Shri Sharma added.

As regards exports front, Shri Sharma said: “if we have to continue to grow rapidly and move towards our objective of double digit growth, exports have to play a much larger role. We not only have to become competitive to increase our exports but we also have to diversify our export markets and we need to look at the markets of Africa, Latin America, Oceania and CIS countries”.

In his welcome address, Shri R M Khanna, Chairman, CII Northern Region said that although the contribution of the Northern region to the national GDP continues to be the highest at 27.5%, it has been declining over the years with manufacturing witnessing one of the lowest growth rates amongst the key sub sectors. “Credit availability, infrastructure and inflation remain major areas of concern and we request the Government to focus on these areas and alleviate the problem so that Industry can contribute even more to the GDP”, he added. During his address, Shri Harpal Singh, Immediate Past Chairman, CII Northern Region said that India needs to significantly raise basic educational standards, increase the quality and quantity of our universities as well as introduce other measures on the agricultural front. Shri Chandrajit Banerjee, Director General-CII, in his remarks said that CII has been proactively engaged with the Indian Reforms process for economic development and in the pre–liberalization era, CII advocated reforms for economic liberalization and its role was crucial in building consensus around the reforms and minimizing opposition to them. Now is the time for second generation reforms.

Pension Issues and Demands of Bank Employees

To                                                                      DATED:23.07.2012

The Secretary,
Department of Financial Services,
Ministry of Finance Govt. of India,
Jeevan Deep Building,
Sansad Marg,
New Delhi – 110001

Dear Sir,

Sub: Pension Issues and Demands of Bank Employees

We wish to bring to your notice that Bharatiya Mazdoor Sangh number one central trade union of the country has decided to observe 1st August, 2012 as Pension Demand Day for the organized and unorganized workers of the country. Being a industrial federation of  Bharatiya Mazdoor Sangh we have also taken a decision to observe 1st August, 2012 as Pension  Demand day for the employees working in the Nationalised, Private, Co-operative and Regional Rural Banks. The issues and demands are as under:

1) UPGRADATION OF PENSION FOR BANK EMPLOYEES : Bank employees’ Pension Scheme was agreed upon and introduced in 1993 exactly on the lines and basis of the Central Government Pension Scheme.  Even the New Pension Scheme that has been introduced for the Government employees has been made applicable to banking industry.  But the various improvements that have been made in the Government scheme as per the 5th & 6th Pay Commission Report have not yet been extended to the banking sector.  Hence issues like periodical updation of Pension Scheme along with wage revision for serving employees, 100% DA compensation for all pensioners, improvement in Pension, Commutation, Family Pension, etc. are very genuine demands that need to be resolved expeditiously.  Even the Ex-Gratia Pension of Rs.300 per month being paid to the pre – 1986 retirees remained the same.
2) EXTEND 2ND OPTION OF PENSION TO RESIGNED BANK EMPLOYEES : As per the 2nd option of pension settlement signed on 27.4.2010 the resigned employees were left out with the opportunity to join the pension. Therefore, we demand to give the same opportunity to the resigned category of employees.
3) EXTEND PENSION SCHEME – 1993 TO EMPLOYEES JOINED AFTER 1-4-2010: In terms of the Bipartite Settlement it was agreed to work out and implement the New Pension Scheme for all employees joining / joined from 1.4.2010 on the lines of the Government employees’ scheme.  It is now 26 months since signing the agreement on 27.04.2010.  But IBA has neither worked out nor discussed with unions this New Pension Scheme for these new recruits. We therefore, extend Pension Scheme – 1993 to the employees joined after 1.4.2010 to continue the inflow in the Pension Fund.
4) EXTEND PENSION SCHEME – 1993 TO RRB EMPLOYEES : Extend  Pension Scheme  to RRB employees at par with Sponsor Commercial Banks in terms with Pension Agreement dated 29.10.1993 as has been extended to the employees of all Public Sector Banks.
5) RE-OPEN PENSION OPTION AND UPGRADE PENSION FOR RBI EMPLOYEES : Since the Pension Scheme in RBI was introduced on the Central Government Pension Scheme, we demand that as per upgradation of pension is available for Central Govt. employees same should be extended to RBI employees and re-open pension option for remaining employees.
6) INCREASE AMOUNT OF FAMILY PENSION : Family pension amount is too small for the family of the employee. Therefore, we demand to increase the amount of Family Pension.
7) REVISED 1995 PENSION SCHEME OF CO-OPERATIVE BANK EMPLOYEES : Pension Scheme for Co-operative Bank employees was introduced in 1995 and it was agreed that after every five years the amount  will be revised. Since 1995 no amount has been revised. Therefore, we demand to revise the same.
8) EXTEND SBI PENSION SCHEME TO EMPLOYEES JOINED SBI AFTER 1.4.2010 : As per the Govt. guidelines it was decided  to work out and implement the New Pension Scheme for all employees joining / joined from 1.4.2010 on the lines of the Government employees’ scheme.  We therefore, demand to extend SBI Pension Scheme to the employees joined after 1.4.2010 to continue the inflow in the Pension Fund.

Yours sincerely,

(ASHWANI RANA)
GENERAL SECRETARY

National Level Workers Rally, 23rd November 2011

National Level Workers  rally, 23rd November 2011.

The massive gathering of karyakarthas of BMS in connection with Parliament March held today resolved to conduct National Strike during the next budget session of Parliament in 2012. However the exact date will be finalized after consultation with other Central Trade Unions.

Resolution 3

On the unorganized worker.

1. The much sought after The Unorganized Workers Social Security Act, 2008 belied the aspirations of 93% of the Indian workforce and is lying in an inanimate state.

2. The Central Government framed Rules under the UWSS Act and constituted The National Social Security Board for the Unorganized worker, as per the Act. The Board met for four times, but did not frame welfare schemes so far. Identification of the beneficiaries and issue of identity cards have not yet commenced. Above all, the Government of India did not allot welfare fund, which is crucial. The Finance Minister had allotted Rs. 1000 crs. in the budget of 2010-11 for the unorganized workers welfare Fund. But it is not known whether it is for utilization under the UWSS Act. Neither, there has been any sign of having spent the fund in the welfare of unorganized worker in any other manner nor the whereabouts of the fund are available.

3. The existing welfare schemes for few categories of unorganized sector workers are brought under the UWSS Act, namely :

(a). Indira Gandhi National Old Age Pension Scheme,(b)National Family Benefit Scheme, (c) Janani Suraksha Yojana, (d). Handloom Weavers’ Coop. Welfare Scheme, (e). Hndicraft Artisans’ Comprehensive Welfare Scheme, (f). Pension to Master Crafts Persons, (g). National Scheme for Welfare of Fishermen and Training Extension, (h). Janshree Bima Yojana, (i). Aam Admi Bima Yojana, (j). Rashtriya Swastya Bima Yojana. It is deplorable to note that not even a single worker was given the benefit of these schemes during the last 3 years under the UWSS.

4. The State Governments are empowered to deliver benefits to the unorganized sector workers by framing Rules, constituting State Social Security Boards and allotting welfare Fund. But so far not a single State Government has taken up  the process of implementation of the UWSS Act. It is to recall that during the consultations preparatory to the passage of the legislation, the State Governments expressed against providing of fund and volunteered to arrange for benefit delivery. It appears that they stood their ground. In the result, the unorganized sector worker is left high and dry, and the welfare remained a mirage. Government of India should realize the gravity of the situation.

5. The Trade Unions, on their part have been demanding for setting up of welfare fund and implementation of the UWSS Act. 9 Central Trade Unions held a national convention on 14th September, 2009 at Mavlankar Hall New Delhi and in continuation conducted programmes throughout the Country. But there is no response from the Government, except allotment of Rs. 1000 cr. in the Budget of 2010-11, where abouts of which are not known.

6. The UWSS Act is plagued with basic infirmities and lacunae. To mention few :-
(a)The workers in the organized sector are entitled for securing benefits under the existing Acts. Due to certain restrictive clauses and thresholds like the number of workers employed, infancy period of the enterprise and length of the service of the workers, the Acts are not applicable. The manipulations and lack of will on the part of employers and the apathy of the Government machinery deprived a majority of the workers in the organized sector from the coverage benefits of the Acts. Such workers are termed as “unorganized workers in the organized sector” and brought under the purview of the UWSS Act. This is against the basic objective for which the Act was conceived.

(b) The job of identification of beneficiaries, issuance of identity cards, delivery of benefits and maintenance of records is sought to be entrusted to the District Administration, the Municipal and Panchayat Raj institutions. Besides being over burdened with their own work, these institutions are lacking in credibility and sincerity of purpose.

(c) The UWSS Act has no provisions related to wage and service conditions for wage workers and avenues of employment and related assistance for self employed workers.

7. As regards the earlier enactments for the unorganized workers, the Beedi and Cigar workers Act 1966, the Beedi Workers Welfare Fund Act, 1976 have become redundant due to fund crunch. Various State Governments have not taken up implementation of The Building and Other Construction Workers (RECS) Act, 1996 by issuing identity cards to construction workers and delivery of benefits. Besides, the State Governments are not sincere in collection of welfare fund as stipulated in the Act.

8. The 16th Triennial National Conference of BMS held at Jalgaon (Maharashtra) from 19 to 21st February, 2011 demands the following.

(a) The UWSS Act, 2008 should be amended (i) to cover only the unorganized sector workers and the self employed workers, (ii) to provide for wage rates and service conditions for the wage workers and avenues of employment and earnings and the attendant facilities like place to work, availability and access to the inputs/raw materials, storage, marketing, finance for the self employed workers, (iii) to set up an independent machinery to administer the UWSS Act by the Central Government, on the lines of EPF and ESIC Organisations, (iv) to empower the National Social Security Board  and State Boards to frame welfare schemes and to administer and monitor,
(b)    Welfare fund, equivalent to 5% of GDP should be provided.
©  A separate comprehensive Law should be enacted for the
agriculture  and allied sector workers.

(d) The Government should streamline the Beedi Workers Welfare Fund     collection, including from the small manufacturers, and allot adequate further fund to the Beedi workers welfare fund, and ensure benefit delivery to all the beedi workers. The rate of benefits should be increased in view of the high inflation.

(e) The Central Government  should take stringent steps against the State  Governments and ensure coverage of all the  construction workers and full implementation of the BOCW(RECS) Act, 1996. The scheme benefits should be widened and rate be increased. Also, the implementation of the portion related to conditions of service should be enforced.

(f) The Central Government should set up a negotiating forum to settle problems of workers in the unorganized sector under all Acts.

Maharashtra government To Formulate New Labour Policy

Maharashtra government is in the process of formulating a comprehensive labour policy in order to promote
harmonious relationship between employers and workers.
“The policy provides guidelines on the interaction between the workers and employers in the organised sector, on role of trade unions and employer’s organisations and also guideline for protection of workers in the unorganised sector, including those who are self-employed,” principal secretary (Labour) Dr Kavita Gupta, said.
The policy represents the statement of intentions of the government on labour and takes into account
pronouncements of the Central and state government on industry, employment, investment and infrastructure, safety and health, child labour and national policy on HIV/AIDS, etc.
The policy dwells on unorganised sector, safety and health at work, coverage of protection, contract labour, bilateral iteraction in workplaces, industrial dispute, social security, working and living conditions for labour, gender concerns, and issues related to union workers, migrant workers and disabled workers.
It also addresses issues like sexual harassment, labour standards and corporate social responsibility, Gupta said.
The policy aims at improving labour productivity, especially in the globalised scenario and focuses on creating a winwin situation for the labour and industries and promoting capacities through good practises which will enable state to face a globally competitive environment.
The draft Labour Policy was put on the government website in November last year and was available for suggestions and objections till March 10, she said.
Several suggestions and objections were received from various stakeholders including the managements, labour unions and other experts, Gupta said.
They are being considered to formulate the final policy which will shortly be put up for government approval, she added.

Resolution 4

ON CONTRACT LABOUR 

Any amount of narration would be incomplete in respect of the vows of the Contract Labour. It may be recalled that BMS conducted nation-wide survey on the plight of Contract Labour during the year 2007 and adopted a resolution in the last 15th National Conference held in April 2008 at Cuttack, Odisha after elaborate discussion. Programmes followed highlighting the issue.

2. The 42nd Indian Labour Conference held in February 2009 discussed on the exploitation of Contract Labour and recommended to the Government to make amendments in the Contract Labour (Regulation & Abolition) Act, 1970.  In pursuance there to, during June 2009, the Government appointed Tripartite Group to examine and suggest amendments to the Act. There were two labour representations in the Group one each from BMS & INTUC. The Group concluded the deliberations by the end of December 2009. As there was no unanimity, the representatives of workers, employers and Government submitted their proposals separately. Besides others, the views of workers representatives included (i) All benefits and allowances at par with ILO Standards and that of the employees of Central PSUs and Central Government and (ii) Speedy and on the spot verification regarding   the perennial nature of jobs  and  100% absorption of the working Contract labourers on issue of the notification under Sec. 10(2).

3. Soon after, on 22-01-2010, the issue of amendment to the CL(R&A) Act was also discussed in the State Labour Ministers Conference and the following proposal for  amendment  was unanimously accepted.  (quote)
i) In case where the contract labour performs the same or similar kind of work as the workmen directly appointed by the Principal Employer, the wage rates, holidays, hours of work social security and other conditions of service of contract labour shall be the same as is available to the workmen on the rolls of Principal Employer. In case same or similar kind of work is not being performed by the workmen directly employed by the Principal Employer, the Appropriate Government will notify the wage rates, holidays, hours of work, social security and other conditions of service.
ii) Whenever a contract is given to a contractor, the contract agreement between the Principal Employer and the Contractor should clearly indicate the wages contribution towards social security schemes and other benefits that are to be paid by the contractor to the contracted workman.
4. As one of the agenda items, this was further discussed in the subsequent 43rd Indian Labour Conference at its meeting at New Delhi on 23, 24 November, 2010.   Here again, unanimity eluded on the twin issues of regularisation of services of contract labour and payment of wage  and benefits at par with permanent employees.  However, the workers representatives in the ILC endorsed the views of its representatives  contained in the report of the Tripartite Group, mentioned here in before.

5. Earlier, the Group of Minister, 2002 had identified ten activities such as sweeping and cleaning as ancillary, supportive and peripheral which may be kept out of the purview of Sec.10 of the Act. The Special Subject Group constituted by the Prime Minister’s Council on Trade and Industry had recommended to “Regulate contract labour in various industries to non-core activities of a company and not abolish it.  This should be made explicit in the CL(RA)Act, 1970 by amending the relevant portions of the Act. This clause should clearly define that contract labour could not be utilized in the concerned company’s continuing manufacturing process and should be relegated only to company’s non-core needs.” All jobs & activities are complimentary and supplementary to each other and essential for smooth functioning of the enterprise. BMS opposes this proposal for classification of core & non-core.  This is against the objective of The CL(RA) Act which does not discriminate the jobs, but only envisages to identify whether perennial etc.

6. It is worthy to mention the two developments. The Government presented the Annual Report to People on Employment on 1st July, 2010. The short term strategies and targets related to the contract labour are as follows.
Para 6.1.iv. “Statutory provisions to provide social security and improved conditions of work and remuneration of contract workers at par with the regular employees.” This appears as a camouflage to bypass the provision of regularisation of services of contract labour, in conformity with the Sec. 10 of CL(R&A) Act, 1970
7. Also, the Secretary, Labour & Employment, GOI, told media in September, 2010, that there is a proposal to amend the Contract Labour (R&A) Act, 1970 to facilitate payment of wage, facilities, benefits and social security to Contract Labour as received by regular employees, to satisfy the demand of workers. At the same time the Industry would be given the ‘flexibility’ to hire contract labour. This militates against the objective of the Contract Labour (Regulation and Abolition) Act, 1970, which prohibits engagement of contract labour in perennial jobs.  BMS Opposes this ‘flexibility’ both in theory and practice
8. It is apt to recollect that the Supreme Court Judgment of 2001 in the SAIL case did not remove the right of the contract worker for regularisation of services, where the parameters laid down in Sec. 10 of the Act are attracted, but only directed that the procedure laid down by the Act be followed which implies the issuance of notification of prohibition by the appropriate Government, on the basis of the recommendation of the Contract Labour Advisory Boards. This procedure is cumbersome and time consuming besides jeopardizing the very continuity of existing employment as contract labour. Further that Supreme Court declared that the Act does not envisage automatic regularisation of the services of the contract labour, in the event of the prohibition under Sec. 10 of the Act.  This only brought to light that the Act provisions are not commensurate with the objective of the Act. So, it becomes the responsibility of the Government to amend the Act, to fulfil the objective.
9. The other major lacunae of the Act is the Rule 24(2)(iv) which stipulated that the wage payable to the contract worker  shall not be less than the rates notified as per the Minimum Wages Act, 1948. The norms for fixation of minimum wage rates are not specified in the M.W. Act. As such the rates notified under this Act by the appropriate Governments is about Rs. 3000/- to 4000/- making the worker as ‘working poor’.  The Constitution of India directs the Government to provide a living wage. The 15th Indian Labour Conference laid down the norms for fixation of minimum wage rates. While ratifying these norms, The Supreme Court of India  in its Judgment in the case of Reptacas Bret & Co. held that an amount equivalent to 25% be added. The 2nd National Commission on Labour, 2002 and The National   Commission for Enterprises in the Unorganized Sector, 2007 approved and recommended the norms of minimum wages laid down by the 15th ILC.  The Government has stated on record that the appropriate Governments are considering these norms while fixing the Minimum Wage Rates under the M.W.Act.  While appreciating this statement of the Government, we represented to the Government that the rates so far notified are no where near the rates that would have been, had these norms of 15th ILC  were followed.  There is no response from the Government for our demand to arrange for review and re-fixation of the minimum wage rates.
10. The Contact Worker is subjected to deprivation of the social security provided by the ESI Act, 1948 and EPF &MP Act, 1952. due to the violation of the provisions by the Employer. Sec.40 and Para 30 of the ESI Act and EPF Scheme respectively of the two Acts mandate the Principal Employer to pay the contributions  related to the contract labour,  directly to the designated authorities under these Acts. Violating the mandate the Principal Employer is said to be making payment to the contractor providing him an opportunity to misappropriate the contributions, the hard earned wages of the worker.  The Authorities under these Acts are not enforcing these provisions of these Acts, which amounts to abatement of the misappropriation.
11. In the circumstances, this 16th Conference of Bharatiya Mazdoor Sangh demands the following.
1. The system and provision for engaging Contract labour should be abolished. In any event fulfilment and compliance of norms of wage, social securities, other benefits, conditions of service and terminal benefits by the Principal employer should be made mandatory.
2. The CL(RA)Act, 1970 should be amended
(a) to provide for automatic absorption of the serving contract labour in the event of notification prohibiting engagement of contract labour under Sec.10, and others; to offset the pernicious effects of the SAIL judgement of 2001.
(b) To provide for on the spot and expeditious verification of the nature of job, whether perennial and attract the parameters of Sec.10 of the Act, and to issue notification.
(c)To remove the threshold limit of 20 workers for the applicability of the Act.
(d)To provide for fixing responsibility on the Principal  Employer in respect of the payment of wage and other benefits of the contract workers and payment of contributions towards the ESI and EPF to the designated authorities directly.
(e)To provide for payment of gratuity and bonus.
(f)To provide for implementation of the existing provisions and Rules there under, in letter and spirit.
(g)To provide for payment of wage through Bank or post office.
(h)To provide for continuity of  Contract Workers in the work even if the Contractor is changed, and  should not be terminated as long as the work continues.
(i) To provide for regulation of the terms of contract between the Principal employer and contractor, and the amount of contract should be sufficient for compliance of wage, benefits and social security as per the existing laws.
(j) To provide for 100% compliance of the Registration of establishments and issue of license for engaging contract labour. The contract workers should be treated as employees of the Principal employer in the event of failure to comply with registration of a establishment and obtaining license by the employer on contractor.
(k)To provide for payment of wage, benefits and social security to contract labour at par with regular employees.
(l) To provide for a forum for representation of grievances and negotiation to contract labour.
(m) The Contract Labour should be declared as voters along with the permanent employees of the establishment in the secrete ballot elections for identification of majority Union
held  under the code of discipline or by the
Government  Departments.
3. The Sec.40 of ESI Act, 1948 and Para 30 of EPF Scheme under the EPF & MP Act, 1952 should be enforced strictly and it should be ensured that the  Principal Employer remits the contributions to the designated authorities directly. The minimum threshold of 10 or 20 workers for the coverage of these Acts should be removed.
4. The proposal for identification of jobs as ancillary/non-core, and excluding them from the purview of Sect. 10 of CL(RA) Act is unscientific and  should be withdrawn.
5.The Government issued Financial instructions on Budget/expenditure, economy measures, rationalization of expenditure and measures for augmentation of revenues etc. which are the main cause for the engagement of contract labour and out sourcing in the Government Offices,  Departmental undertakings, PSEs and various schemes. As these instructions are against natural justice, fair play and leading to non-inclusive growth should be withdrawn forthwith and the employees should be made regular on where is and as is basis.
6. Awarding contract to Labour Cooperative Societies should be mandatory, to eliminate the middleman and the attendant exploitation.
7. The Government should arrange to amend the Minimum Wages Act, 1948 incorporating the 15th ILC norms of wage rate fixation and  the Supreme Court orders.
8.Recruitment of contract labour in core sector enterprises, (like power, coal, steel, cement), should be banned, as the jobs are invariably of perennial nature.
9. Government should  establish a statistical wing to  compile number of contract labour, the wage rate and level social security provided to them.
10. The posts of Labour Department should be filled up and additional posts should be created and filled up, to ensure implementation of Acts.

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