INDIAN LABOUR JOURNAL (A MONTHLY PUBLICATION)

Transcription

1 ISSN INDIAN LABOUR JOURNAL (A MONTHLY PUBLICATION) Volume 54 September 2013 No. 9 GOVERNMENT OF INDIA MINISTRY OF LABOUR AND EMPLOYMENT LABOUR BUREAU SHIMLA/CHANDIGARH

2 EDITORIAL COMMITTEE Chairman Editor Associate Editor Daljeet Singh I.S.Negi R.C.Jarial Staff Writers Laxmi Kant Ravinder Kumar NOTE TO CONTRIBUTORS Non-controversial articles on labour matters of topical interest (e.g. labour and wage policy; industrial relations; industrial management; trade union movement; labour welfare; workers participation in management; employment/ unemployment; labour research of empirical value and of general interest etc.) are accepted for publication in the Journal. The articles generally not exceeding ten thousand words may be sent in a floppy diskette of 3.5 or C.D in Microsoft Word only with a print out in double space on one side foolscap paper, addressed to the Director General, Labour Bureau, Cleremont, Shimla alongwith a declaration by the author that the article has neither been published nor submitted for publication elsewhere. All references and footnotes, may be given only at the end of the articles. Authors are solely responsible for the factual accuracy and the opinion expressed in their signed articles. The Labour Bureau, however, reserves the right to edit, amend and delete any portion of the article with a view to make it more presentable and to reject any article, if not found suitable. The articles which are rejected will not be returned and no correspondence will be entertained on the articles which are rejected by the Editorial Committee. A copy of the Journal, in which the article appears, is supplied to the author. An honorarium up to Rs. 1,000 is also payable as per rules for each article published. Our address: The Director General, Labour Bureau Cleremont, Shimla Fax No: Website: dg-lb@nic.in

3 PREFACE The Indian Labour Journal earlier known as Indian Labour Gazette is a monthly publication being brought out since July, This publication is the only official publication of its kind in the country disseminating latest labour statistics and research in the field of labour which has immense utility for diverse stakeholders such as Employers and Employees Organizations, Research Scholars, Central and State Governments, Autonomous Bodies, Courts, Universities etc. The September issue of the Journal is special issue in which Labour Bureau attempts to bring out major developments in the field of labour that have taken place during the period July, 2012 to June, 2013 in the form of a special article titled 66 th Year of Independence a Kaleidoscopic View of Labour Activities to mark the India s Independence. Suggestions for further improvement of the publication are welcome. LABOUR BUREAU, SHIMLA DALJEET SINGH DIRECTOR GENERAL

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5 INDIAN LABOUR JOURNAL Published Monthly by LABOUR BUREAU SHIMLA/CHANDIGARH (First Published in July, 1943 as Indian Labour Gazette) Vol.54 September, 2013 No 9 CONTENTS Page SPECIAL ATRICLE Sixty Six Year of Independence- a Kaleidoscopic View of Labour Activities 891 LABOUR ACTIVITIES Labour Situation 909 Industrial Disputes 912 NEWS IN BRIEF (a) INDIAN LABOUR ICICI Bank Trains Women Staff in Self-Defence, Ensures Safe Travel 913 Skills Shortage Delays Infrastructure Projects: Study 913 Child Labour Rampant in Rajasthan: NCPCR 913 Govt Draws Up Penalties for Workplace Harassment 914 Tapering Growth Forces Cos to Lay Off, Put Freeze on Hiring 914 Rubber Board Turns to NREGA to Raise Output 914 Industries/Services declared Public Utility Services under the Industrial Disputes Act Consumer Price Index Numbers for Industrial Workers 916 Consumer Price Index Numbers for Agricultural Labourers and Rural Labourers 916 ( b) FOREIGN LABOUR Indians in S Arabia Told to Get Final Exit Visa Immediately 917 Major New Initiative to Protect Women and Girls from Modern-Day Slavery 917 ILO Calls for Bold Steps by G20 to Cut Unemployment 917 US Immigration Bill Unlikely to Hit Indian IT Firms: Nasscom 918 Consumers More Confident, Less Worried about Jobs: Nielsen Survey 918 Euro Zone Bounces Back to Growth, China Stalls 918 Desi IT Creates More Jobs in US than American Peers 919 LABOUR DECISIONS Termination of Service of a Contractual Appointment is not Entitled for Re-employment as of Right as the Termination is not Amounts to Retrenchment 920

6 LABOUR LITERATURE Important Articles of Labour Interest Published in the Periodicals Received in the Labour Bureau 921 STATISTICS Section A- Monthly Statistics 925 Section B- Serial Statistics 967 ANY REPRODUCTION FROM THE JOURNAL SHOULD BE SUITABLY ACKNOWLEDGED Subscription and complaints, if any, regarding the distribution of the Indian Labour Journal should be sent only to THE CONTROLLER OF PUBLICATIONS, CIVIL LINES, DELHI Pre-payable subscription rates for the Indian Labour Journal Annual Rate of Subscription Rs Sale per copy Rs

7 SPECIAL ATRICLE SIXTY SIX YEAR OF INDEPENDENCE- A KALEIDOSCOPIC VIEW OF LABOUR ACTIVITIES * Policymakers are usually focused on short-run economic management issues. But the short run has to be a bridge to the long run. The central long-run question facing India is where will good jobs come from? Productive jobs are vital for growth. And a good job is the best form of inclusion. More than half of our population depends on agriculture, but the experience of other countries suggests that the number of people dependent on agriculture will have to shrink if per capita incomes in agriculture are to go up substantially. While industry is creating jobs, too many such jobs are low productivity non-contractual jobs in the unorganized sector, offering low incomes, little protection, and no benefits. Service jobs are relatively high productivity, but employment growth in services has been slow in recent years. India's challenge is to create the conditions for faster growth of productive jobs outside of agriculture, especially in organized manufacturing and in services, even while improving productivity in agriculture. The benefit of rising to the challenge is decades of strong inclusive growth. (Economic Survey, ) For higher production and productivity and to develop and coordinate vocational skill training and employment services, Government s responsibilities would be to protect and safeguard the interests of workers, create a healthy work environment. Government s attention is also focused on promotion of welfare and providing social security to the labour force both in organized and unorganized sectors, in tandem with the process of liberalization. 1. Highlights of Important Labour Related Activities 1.1 The Unorganized Workers Social Security Act 2008 and National Social Security Fund: The Act provides for constitution of a National Social Security Board and State Social Security Boards which will recommend social security schemes for unorganized workers. The National Social Security Board was constituted in August It has made some recommendations regarding extension of social security schemes to certain additional segments of unorganized workers. A National Social Security Fund with initial allocation of Rs.1000 crore to support schemes for weavers, toddy tappers, rickshaw pullers, beedi workers, etc. has also been set up. 1.2 Rashtriya Swasthya Bima Yojana (RSBY): The scheme provides smart card-based cashless health insurance cover of Rs.30,000 per family per annum on a family floater basis to BPL families in the unorganized sector with the premium shared on 75:25 basis by central and state governments. In case of states of the north-eastern region and Jammu and Kashmir, the premium is shared in the ratio of 90:10. The scheme provides for portability of smart card by splitting the card value for migrant workers. As on 31 December 2012, the scheme is being implemented in 27 states/ UTs with more than 3.34 crore smart cards issued. 1.3 The Ministry of Labour & Employment continues to have consultation with the social partners to obtain a consensus for enacting new laws or bringing about changes in the existing laws. The objective of the Ministry is to knit the views of all the social partners in framing the policy for working class. Accordingly, the Ministry of Labour & Employment held several tripartite meetings of various Committees / Boards during the year which, inter-alia, include:- i. The meetings of Central Board of Trustees (EPF) held on , and * The article generally covers the developments during the period July, 2012 to June,

8 ii. The meetings of Executive Committee of Employees Provident Fund held on and iii. The meetings of the Committee on Employees State Insurance Corporation (ESIC) held on , and iv. The meetings of Standing Committee, Employees State Insurance Corporation held on , and v. The meeting of Governing Body of Central Board for Workers Education held on vi. The meeting of General Council, V.V.Giri National Labour Institute held on vii. The meeting of Executive Council, V.V.Giri National Labour Institute held on and viii. The meeting of the Central Advisory Committee on Iron Ore Mines, Manganese Ore Mines & Chrome Ore Mines Labour Welfare Fund was held on ix. The meeting of the Central Advisory Committee on Limestone & Dolomite Mines Labour Welfare Fund held on x. The meetings on Conventions were held on xi. 45 th Session of Standing Labour Committee was held on Maintenance of harmonious industrial relations remains an avowed objective of Ministry of Labour & Employment. Due to constant endeavor of the Industrial Relations Machineries of both Centre and the States, the overall industrial relations climate has generally remained peaceful and cordial. The number of incidences of strikes and lockouts which were 389 in 2007 has exhibited a declining trend and were 182 (Provisional) in The mandays lost on account of these disturbances were million in 2007 and 1.79 million in 2012 (provisional) and show variations over this period. As regards the spatial/industry wise dispersion of the incidences of strikes and lockouts, there exits widespread variation among different States/UTs. Wage & Allowance, Bonus, Personnel, Indiscipline & Violence and Financial Intermediaries (excluding insurance & pension funds) are the major reasons for these strikes and lockouts. 1.5 The 101 st Session of the International Labour Conference (ILC) held during 30 th May to 14 th June, 2012 in Geneva was attended by a 30 member Indian tripartite delegation led by Shri Malikarjun Kharge, Hon ble Minister for Labour & Employment. Besides officials from Ministry of Labour & Employment, the delegation included 9 representatives from Workers (Central Trade Union Organizations) and 9 representatives from Central Organization of Employers in the ILC. The plenary session of the ILC had a detailed discussion on the theme of Future strategies, activities and programs of ILO. Hon ble Minister for Labour & Employment delivered his speech on this theme. The conference also adopted reports of various Committees on Social Protection Floor, Youth Employment and Fundamental Principles & Rights at Work. 1.6 In pursuance of excellence in vocational training, a new strategic framework for skill development for early school leavers and existing workers has been developed since May, 2007 in close consultation with industry, State Governments and experts. The Scheme offers multientry and multi-exit options, flexible delivery schedule and lifelong learning. Modular Employable Skills (MES) Framework envisaged under this Scheme involves the minimum skills set which is sufficient for gainful employment. Emphasis in the curricula is mainly on soft skills. Courses are also available for persons who have completed 5 th standard and have attained the age of 14 years. Central government is facilitating and promoting training while industry, private sector and State Governments are associated with training the persons through Vocational Training Providers. 2. Wage Fixation under the Minimum Wages Act, 1948 The Ministry of Labour and Employment, Government of India is responsible for fixing/ revising the Minimum Wages in respect of the scheduled employments falling in the Central Sphere while the State Governments and Union Territories are the appropriate authorities in respect of deciding the Scheduled Employments falling in the State Sphere and fixing/revising 892

9 the Minimum Wages therein. As per the information received so far during the period July, 2012 to June, 2013, Minimum Wages were fixed/revised in 45 scheduled employments in C.L.C. (Central Sphere), 58 scheduled employments in Uttarakhand and 7 scheduled employments in Tripura. 3. Bonded Labour 3.1 The practice of bonded labour system has been abolished throughout the country with the enactment of Bonded Labour System (Abolition) Act, Its practice has been made a cognizable offence punishable by law. 3.2 Though the responsibility of implementing the Act lies with the State Governments, the Ministry of Labour and Employment, Government of India supplements the efforts of the State Governments by providing a Central assistance on matching grants (50:50) basis for the rehabilitation of bonded labour under a Centrally Sponsored Plan. The scheme was launched by Ministry of Labour & Employment in May, The said Plan Scheme has been drastically modified in May 2000 to provide for 100 per cent assistance for conducting district wise surveys for identification of bonded labour, awareness generation activities, and evaluatory studies. An amount of Rs lakh has been released up to to the State Governments for conducting survey of Bonded Labour, evaluatory studies and awareness generation. The Rehabilitation grant has also been raised from Rs.10,000/-per identified bonded labour to Rs.20,000/-per identified bonded labour. Further, in the case of North-Eastern States, 100 per cent rehabilitation grant is provided in case they fail to provide their matching contribution. Besides, the State Governments have also been advised to integrate/dovetail the Centrally Sponsored Scheme for rehabilitation of bonded labour with other ongoing poverty alleviation schemes. A Special Group has been constituted under the Chairmanship of the Secretary (Labour and Employment) to review the implementation of the Bonded Labour System (Abolition) Act, Rural Labour It has always been endeavors of the Govt. to improve the status of the rural labour as they do not enjoy the benefit of most of the labour enactments and the employer-employee relationship. Presently, the following schemes under major poverty alleviation and employment generation programmes are in operation in rural areas: MGNREGA: This flagship programme of the government aims at enhancing livelihood security of households in rural areas by providing at least one hundred days of guaranteed wage employment in a financial year to every household whose adult members volunteer to do unskilled manual work with the stipulation of one-third participation of women. The MGNREGA provides wage employment while also focusing on strengthening natural resource management through works that address causes of chronic poverty like drought, deforestation, and soil erosion and thus encourage sustainable development. The MGNREGA is implemented in all districts with rural areas. Out of total outlay of Rs.33,000 crore approved for , Rs.25, crore has been released and the total fund available with the states including the opening balance of Rs.10, crore is Rs.41, crore. Of this, Rs.28, crore has been utilized (as on ) and about 4.39 crore households have been provided employment of crore persondays of which crore (53 per cent) were availed of by women, crore (22 per cent) SCs, and crore (16 per cent) by STs. At national level, with the average wage paid under the MGNREGA increasing from Rs.65 in FY to Rs.115 in FY , the bargaining power of agricultural labour has increased as even private sector wages have increased as shown in many studies. Improved economic outcomes, especially in watershed activities, and reduction in distress migration are its other achievements. Wages under the MGNREGA are indexed to the consumer price index for agricultural labour (CPI-AL). While some initiatives have been taken recently, with better planning of project design, capacity building of panchayati raj institutions (PRIs), skill upgradation for enhanced employability, and reduction of transaction costs, gaps in implementation could be plugged to a greater extent and the assets so created could make a much larger contribution to increasing land productivity. 893

10 National Rural Livelihood Mission (NRLM) - Aajeevika: The Swarnjayanti Gram Swarozgar Yojana (SGSY)/NRLM a self-employment programme implemented since April 1999 aims at lifting the assisted rural poor families (swarozgaris) above the poverty line by providing them income-generating assets through a mix of bank credit and government subsidy. The rural poor are organized into self-help groups (SHGs) and their capacities built through training and skill development. The scheme is implemented with active involvement of PRIs. Since the inception of the SGSY lakh SHGs have been formed, of which approximately 60 per cent are women SHGs. Total investment under the SGSY is Rs.42, crore comprising Rs.28, crore as credit and Rs.13, crore as subsidy. Approximately lakh swarozgaris have been assisted with bank credit and subsidy. The SGSY now restructured as the NRLM has been renamed Aajeevika and implemented in mission mode across the country since The main features of Aajeevika are: a) one woman member from each identified rural poor household to be brought under the SHG network, b) ensuring 50 per cent of the beneficiaries from SC/STs, 15 per cent from minorities, and 3 per cent persons with disability while keeping in view the ultimate target of 100 per cent coverage of BPL families, c) training for capacity building and skill development, d) ensuring revolving fund and capital subsidy, e) financial inclusion, f) provision of interest subsidy, g) backward and forward linkages, and h) promoting innovations. Pradhan Mantri Gram Sadak Yoyana (PMGSY): The PMGSY was launched in December 2000 as a fully funded centrally sponsored scheme with the objective of providing connectivity to the eligible unconnected habitations in the core network with a population of 500 persons and above (as per Census 2001) in plains areas and 250 persons and above in hill states, tribal areas, desert areas, and in the 82 selected tribal and backward districts under the IAP. Since inception, projects totalling about 4,74,528 km of road to connect 1,26,176 habitations have been cleared with an estimated cost of Rs.1,42,946 crore including upgradation. A sum of Rs.1,02,658 crore had been released to the states and about Rs.96,939 crore spent by December A total of 3,63,652 km road length has been completed and new connectivity has been provided to over 89,382 habitations by the states. Work on a road length of about 1,07,739 km is in progress. Indira Awas Yojana (IAY): The IAY is one of the six components of Bharat Nirman. During , as against a physical target of lakh houses, lakh houses were sanctioned and lakh had been constructed as on 31 December The unit assistance provided to rural households for construction of a dwelling unit under the IAY has been revised w.e.f. 1 st April 2013 from Rs.45,000 to Rs.70,000 in plain areas and from Rs.48,500 to Rs.75,000 in hilly/difficult areas/integrated Action Plan (IAP) districts. Since the inception of this scheme till 31 December 2012, 301 lakh houses have been constructed. Under the Homestead Scheme, the unit assistance for purchase/acquisition of house sites for those rural BPL households who have neither land nor a house site will be enhanced from Rs.10,000 to Rs.20,000 w.e.f. 1 st April 2013 to be shared by the centre and states in a 50:50 ratio. For effective monitoring of the IAY, MIS software 'Awaasoft' has been put in place. 5. Unorganised Worker 5.1 The term unorganised worker has been defined under the Unorganised Workers Social Security Act, 2008, as a home based worker, self-employed worker or a wage worker in the unorganised sector and includes a worker in the organised sector who is not covered by any of the Acts mentioned in Schedule-II of Act i.e. The Employee s Compensation Act, 1923, The Industrial Disputes Act, 1947, The Employees State Insurance Act, 1948, The Employees Provident Funds and Miscellaneous Provisions Act, 1952, The Maternity Benefit Act, 1961 and The Payment of Gratuity Act, As per the survey carried out by the National Sample Survey Organisation in the year , the total employment in both organized and unorganized sector in the country was of the order of 46.5 crore. Out of this, about 43.7 crore were in the unorganized sector. Of the 43.7 workers in unorganized sector, 24.6 crore were employed in agriculture sector, 4.4 crore in construction, and remaining were in manufacturing activities, trade and transport, communication & services. A large number of unorganized workers are home based and are engaged in occupations such as beedi rolling, agarbatti making, papad making, tailoring, and embroidery work. 894

11 5.2 The unorganized workers suffer from cycles of excessive seasonality of employment, lack of a formal employer-employee relationship and inadequate social security protection. Keeping this in view, many acts have been brought into force to provide protection to them. Similarly, various welfare schemes have also been put in place by the Government. Some of the important Acts/Schemes are, Social Security Act, 2008; Rashtriya Swasthya Bima Yojana; Aam Aadmi Bima Yojana; Indira Gandhi National Old Age Pension Scheme; Swarnjayanti Gram Swarozgar Yojana; Mahatma Gandhi National Employment Guarantee Act, 2005 etc. The Govt. has also constituted funds for some specific categories of workers in the unorganised sector like beedi workers, cine workers and certain non-coal mine workers. The funds are used to provide various kinds of welfare activities to the workers in the field of health care, housing, education assistance for children, water supply etc. 6. Contract Labour Contract labour generally refers to workers engaged by a contractor for the user enterprises. It is a significant and growing form of employment. These workers are millions in number and are engaged mainly in agricultural operations, plantation, construction industry, ports & docks, oil fields, factories, railways, shipping, airlines, road transport, etc. The Contract Labour (Regulation and Abolition) Act, 1970 was enacted to protect and safeguard the interests of these workers. It applies to every establishment/ contractor in which 20 or more workmen are employed. It also applies to establishments of the Government and local authorities. The Central Government and State Governments, in their capacity as appropriate Governments, are required to set up Central and State Advisory Contract Labour Boards to advise respective Governments on matters arising out of the administration of the Act as are referred to them. The Central Advisory Contract Labour Board (CACLB) is a statutory body, tripartite in constitution and quasi-judicial in nature. The non-official members hold office for a term of three years. Till date, 82 meetings of the Central Advisory Contract Labour Board have been held. Every establishment and contractor, to whom the Act applies, has to register itself/obtain a license for execution of contract work. The interests of contract workers are protected in terms of wages, hours of work, welfare, health and social security. The amenities to be provided to contract labour include canteen, rest rooms, first aid facilities and other basic necessities at the work place such as drinking water etc. The liability to ensure payment of wages and other benefits is primarily that of the contractor, and, in case of default, that of the principal employer. 7. Child Labour 7.1 Our Constitution provides for protection of children from involvement in economic activities and avocations unsuited to their age. Directive Principles of State Policy in the Constitution strongly reiterates this commitment and this is also provided for in the Fundamental Rights. Government of India stands committed to the elimination of child labour in the country. Realizing the multifaceted nature of this problem, Government had embarked on a holistic and multi-pronged programme to eliminate child labour from the country in a phased manner, beginning with children working in hazardous occupations and processes and progressively covering those working in other occupations also. On the one hand, it provides for legal action for enforcement purposes and on the other, it also focuses on general development programmes for the economic empowerment of the families of children as well as project based action in areas of high concentration of child labour. 7.2 As per the Child Labour (Prohibition & Regulation) Act, employment of children below the age of 14 years is prohibited in notified hazardous occupations and processes. The Act also regulates employment of children in non-hazardous occupations and processes. There are at present 18 hazardous occupations and 65 processes, where employment of children is prohibited. The Act provides for constitution of the Child Labour Technical Advisory Committee (which is a body of experts) to advise the Central Government on inclusion of additional occupations and processes to the Schedule of the Act. Under the Child Labour (Prohibition & Regulation) Act, 1986 during the last five years more than 13.5 lakh inspection were carried out, resulting in 0.47 lakh prosecutions out of which more than 3400 convictions were obtained. As per 2001 census, the total number of working children between the age group 5-14 years in the country was 1.26 crore. However, in the survey conducted by NSSO, in the numbers of working children 895

12 were estimated at lakh. As per NSSO survey , the working children are estimated at lakh which shows a declining trend. 7.3 Constitutional and legislative provisions providing protection to children against employment has been elaborated in the National Child Labour Policy announced in The policy addresses the complex issue of Child Labour in a comprehensive, holistic and integrated manner. For rehabilitation of child labour, Government had initiated the National Child Labour Project (NCLP) Scheme in 1988 to rehabilitate working children in 12 child labour endemic districts of the country. Its coverage has increased progressively to cover 271 districts in the country presently. As on date the scheme is in operation in 266 districts. Under the NCLP Scheme, children are withdrawn from work and put into special schools, where they are provided with bridging education, vocational training, mid-day meal, stipend, healthcare facilities etc. and finally mainstreamed to the formal education system. At present, there are around 7000 NCLP schools being run in the country with an enrolment of 3 lakh children. 7.4 Considering that the poverty and literacy are the root causes for child labour, Government is following a multi-pronged strategy to tackle this problem. Educational rehabilitation of these children has to be supplemented with economic rehabilitation of their families so that they are not compelled by their economic circumstances to send their children to work. The Ministry of Labour & Employment is taking various proactive measures towards convergence between the schemes of different Ministries like Ministries of Human Resource Development, Women & Child Development, Housing & Urban Poverty Alleviation, Rural Development, Panchayati Raj Institutions etc. so that child labour and their families get covered under the benefits of the schemes of these ministries also. A Core Group under the Chairpersonship of Union Labour Secretary involving all these ministries has also been formed for convergence on a sustained basis among these Ministries at the national level. 8 Women Labour 8.1 Women form an integral part of the Indian workforce. As per the Registrar General of India, the work participation rate for women was 25.5 per cent in 2011, which was 25.6 per cent in 2001, per cent in 1991 and per cent in It continues to be substantially less in comparison to the work participation rate of men. In 2011, the work participation rate for women in rural areas was 30.0 per cent as compared to 15.4 per cent in the urban areas. In the rural areas, women are mainly involved as cultivators and agricultural labourers. In the urban areas, maximum of the women workers are working in the unorganized sectors such as household industries, petty trades and services, buildings and construction. 8.2 In so far as the organized sector is concerned, in March 2010, women workers constituted 20.4 per cent of the total organized sector employment in the country which is higher by 0.5 per cent as compared to the preceding year. As on 31st March, 2010, about lakh women workers were employed in the organized sector (Public and Private Sector). Of this, nearly 32 lakh were employed in community, social and personnel services. 8.3 The Equal Remuneration Act, 1976 provides for payment of equal remuneration to men and women workers for same work or work of similar nature without any discrimination and also prevent discrimination against women employees while making recruitment for the same work or work of similar nature, or in any condition of service subsequent to recruitment such as promotions, training or transfer. The provisions of the Act have been extended to all categories of employment. The Act is implemented at two levels viz. Central level and State level. 8.4 A separate Cell for Women Labour was set up in the Ministry of Labour and Employment in DGE&T under the Ministry of Labour & Employment is the nodal agency in providing vocational training in traditional and contemporary courses and certification to women to meet the trained skill workforce to the industry and service sector in the country. These courses help women to achieve their career goals and become independent. The Women 896

13 Vocational Training Programme is dedicated to planning and implementing long term policies related to women s vocational training in the country. 8.5 In this period of economic liberalization and globalization, the quality of women s employment will depend upon several factors. The foremost among these are access to education and opportunities for skill development. The solution lies in creating awareness among women about their legal rights and duties and by providing them adequate opportunities to upgrade their skill level. The emphasis should be on effective enforcement of the Minimum Wages Act, 1948 and the Equal Remuneration Act, Proper enforcement of these Acts will create on enabling environment for women workers. Besides these proactive measures, policies which encourage education, skill development, and training among women also need to be given priority. 9. Inter-State Migrant Labour and Emigration 9.1 The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 was enacted to protect the rights and safeguard the interests of migrant workers. According to the 2001 Census, million persons had changed their place of residence within the country and out of this, million or 9 per cent left their place for work. 9.2 The Act regulates the employment of inter-state migrant workmen and to provide their conditions of service. The Act is implemented both by the Central and State governments in their respective jurisdictions. It applies to every establishment, and the contractor, who employ five or more inter-state migrant workmen. The Act has provision for issue of Passbook to every interstate migrant workmen with full details, payment of displacement allowance equivalent to 50 per cent of monthly wages or Rs.75/- whichever is higher, payment of journey allowance including payment of wages during the period of journey, suitable residential accommodations, medical facilities and protective clothing, payment of wages, equal pay for equal work etc. 9.3 The problem of migration is sought to be checked through a multi dimensional course of action through rural development, provision of improved infrastructural facilities, equitable dispersal of resources to remove regional disparities, employment generation, land reforms, increased literacy, financial assistance etc. In order to generate better employment opportunities at State level, the Government have launched a number of schemes like Swarnjayanti Gram Swarozgar Yojna (SGSY), Pradhan Mantri Gram Sadak Yojana (PMGSY), Sampoorna Gramin Rozgar Yojana (SGRY), National Food for Work Programme (NFFWP), Indra Awass Yojna (IAY), Integrated Wastelands Development Programme (IWDP), Drought Prone Areas Programme (DPAP), Desert Development Programme (DDP) etc. Further, the Government have also enacted the National Rural Employment Guarantee Act to provide 100 days guaranteed employment to rural households. 9.4 Ministry of Labour & Employment and State Governments of Andhra Pradesh and Odisha have signed an MoU in June 2012 to facilitate strengthening of Inter-State Coordination Mechanism for smooth implementation of the activities in source and destination areas of migrant workers. Similar MoU is being proposed among the State Governments of Uttar Pradesh, Bihar, Jharkhand and Chhattisgrah. 10. Central Industrial Relations Machinery (CIRM) 10.1 Chief Labour Commissioner (Central) s [CLC(C)] Organisation, also known as Central Industrial Relations Machinery (CIRM), which is an attached office of the Ministry of Labour and Employment has been entrusted with the task of maintaining harmonious Industrial Relations, enforcement of Labour Laws and verification of Trade Union Membership in central sphere During the year the CIRM intervened in 747 threatened strikes and its conciliatory efforts succeeded in averting 731 strikes, which represent a success rate of 97.9 per cent. The officers of the CIRM implement Awards issued by the Central Government Industrial Tribunal-cum-Labour Courts. During the year , 2416 awards (including those brought forward from the previous year) were received. Out of these 566 were implemented, 897

14 implementation of 975 awards were stayed by the High Courts and implementation of remaining Awards were pending due to other reasons. 11. Industrial Relations The Ministry monitors the extent of industrial harmony based on the information that it collects on the number and spatial dispersion of strikes, lockouts, number of workers involved and mandays lost, number of units reporting retrenchment and the extent of layoffs. During 2012 (Provisional), there were 276 industrial disputes (Strikes and Lockouts) in both State and Central Spheres resulting in work-stoppages, which involved 1,225,042 workers with a time-loss of 3,389,586 or 3.39 million man-days as against 389 disputes involving 734,723 workers with a time-loss of 14,332,393 or million man-days during 2011 (Provisional). In 2012, the Public Sector accounted for 1.71 million man-days or per cent of the total time-loss. The Central Sphere registered a time-loss of 1.51 million man-days or per cent of the total time-loss whereas the State Sphere registered a time-loss of 1.88 million man-days or per cent of the total time-loss in 2012 (Provisional). The State and Central Spheres taken together, Tamil Nadu alone was responsible for a time loss of 0.82 million man-days or per cent followed by Haryana, West Bengal, Kerala, Andhra Pradesh and Karnataka with 0.38, 0.37, 0.33, 0.28 and 0.26 million man-days or 11.16, 10.95, 9.73, 8.23 and 7.81 per cent respectively of the total time loss. Amongst the various industry divisions, Manufacturing registered a timeloss of 1.55 million man-days, which accounted for per cent of the total time-loss. Charter of Demands was the main cause amongst the cause groups registered a time-loss of 0.86 million man-days or 25.4 per cent followed by Government Economic Policy and Wages and Allowances with 0.72 and 0.68 million man-days or 21.3 and 20.0 per cent respectively. 12. Employment and Training 12.1 Skill development is critical for achieving faster, sustainable and inclusive growth on the one hand and providing decent employment opportunities to the growing young population of India on the other. Technological changes, changes in financial markets, the emergence of global markets for products and services, international competition are among the more significant developments that are transforming the world of work. Skill building and training, a central pillar of decent work, is a means to empower people, improve the quality and organization of work, enhance citizens productivity, raise workers incomes, promote job security and social equity and help individuals become more employable in rapidly changing internal and external labour markets Directorate General of Employment & Training (DGE&T) continue to improve quality of productivity throughout the economy by systematic supply of trained manpower to the Industry through various vocational training programmes. The DGE&T has developed a new strategic framework for Skill Development under Skill Development Initiative (SDI) Scheme namely Modular Employable Skill (MES) for the early school leavers and existing workers especially in the unorganized sector in close consultation with industries, State Governments and experts. The scheme has been operationalised since May, The MES is Minimum Skill Set which is sufficient for gainful employment in the world of work Employment Service and Vocational Guidance Training Programmes are being operated through a countrywide network of Employment Exchanges, Industrial Training Institutes and a number of other specialized institutions, both at the Centre and in the State/Union Territories. There were 966 Employment Exchanges (including University Employment Information and Guidance Bureau) and ITIs /ITCs (both Government and Private) with a seating capacity of lakhs functioning at the end of December, One of the most important roles played by the Employment Exchanges is to motivate and guide the unemployed youth for taking up self employment ventures in view of shrinking in wage paid jobs. In 22 selected Employment Exchanges, Special Cells for Promotion of Self-Employment have been working. Upto the end of October, 2012, 1.16 lakh persons had been placed in selfemployment, out of which 0.91 lakh (79.09 %) were men and lakh (20.91 %) were women. About 2.20 lakh persons were on the Live Register, aspirants of seeking Self- 898

15 Employment assistance during the period under reference. The Self Employment Promotion Cells also continued to function during Social Security 13.1 The social security legislations in India derive their strength and spirit from the Directive Principles of State Policy as contained in the Constitution of India. With a view to promote welfare and provide social security to the labour force, Govt. has enacted a number of legislations in the area of social security for the workers. The important among them are as under The Employees Provident Funds and Miscellaneous Provisions Act, The Employees Provident Funds & Miscellaneous Provisions Act, 1952 extends to the whole of India except the State of Jammu & Kashmir. Presently, the Act is applicable to 187 specified industries/classes of establishments as is specified in Schedule I of the Act any activity notified by the Central Government in the Official Gazette and employing 20 or more persons. At present three schemes viz., the Employees Provident Fund Scheme, 1952; the Employees Pension Scheme, 1995, and the Employees Deposit Linked Insurance Scheme 1976 are in operation under the Act. The Central Board of Trustees consisting of a Chairman and representatives of the Central Government, State Governments and the Employers & Employees Organisations administers the EPFO. The Central Provident Fund Commissioner is the Chief Executive Officer of the Employees Provident Fund Organisation and is ex-officio Member of the Board. Apart from the Central Office located at Delhi, the EPF Organisation has a number of field offices throughout the country. As many as 6,63,556 establishments with lakh subscribers have been covered under the EPF Scheme by the end of 31 st March, Employees Provident Funds Scheme, 1952 The Employees Provident Funds & Miscellaneous Provisions Act, 1952 initially provided for framing of the Scheme Employees Provident Funds Scheme, 1952 that came into force with effect from It aims at making provision for the future of the covered employees after they retire and also for their dependants in case of unfortunate death. An employee with a pay up to Rs.6500/- p.m. is eligible for membership of the Fund from the very date of joining an establishment. The rate of Provident Fund contribution is 12 per cent (in case of General Establishments) and 10 per cent (in case of notified Establishments) of the monthly wages of the subscribers Employees Deposit Linked Insurance Scheme, The scheme became operational w.e.f and covers all employees who are members of the Provident Fund Scheme. Under the scheme, member-employees are not required to contribute while the employers are required to contribute to the Insurance Fund at the rate of 0.5 per cent of the wages of the members. At the end of , the EPFO had cumulative investment of Rs. 10, crore under the Scheme The Employees Pension Scheme, 1995: The Employees Pension Scheme (EPS) came into effect from replacing the Employees Family Pension Scheme, The scheme derives its financial resource by partial diversion of 8.33 per cent from the employer share of Provident Fund Contribution. The Central Government 1.16 per cent in the Employees Pension Fund. Minimum 10 years eligible service is required for entitlement to pension. Superannuation pension is payable on attaining the age of 58 years. Pension on a discounted rate is also payable on attaining the age of 50 years provided the member is not in service. Where eligible service is less than 10 years, the member has an option to obtain scheme certificate or claim withdrawal benefits. During , Rs. 14, crore were received as Pension Fund Contribution, out of which Rs crore were collected from employers share and Rs.1300 crore were contributed by the Central Government. At the end of , the EPFO had cumulative investments of Rs.1,61, crore under the EPS scheme The Employees State Insurance Scheme- The ESI Scheme is an integrated scheme of social benefits which provides medical and cash benefits in the contingencies of sickness, 899

16 maternity, employment injury and death due to employment injury. The Act applied to any premises/precincts where 10 or more persons are employed. A factory or an establishment located in a geographical area notified for implementation of the Scheme falls under the purview of the Act. Employees of the aforesaid categories of factories and establishments, drawing wages upto Rs. 15,000/- a month, are entitled to social security cover under the ESI Act. The wage ceiling for purpose of coverage of employees is revised from time to time, to keep pace with rising cost of living and subsequent wage hikes. The Act is being implemented area-wise in a phased manner. The ESI Scheme is operated in 807 centres situated in 29 States/Union Territories. As on , 1.71 crore insured persons and about 6.63 crore beneficiaries are covered under the Scheme. The number of factories and establishments covered by the end of the year had gone up to about 5,80,028. The ESI Scheme is administered by a statutory body called the Employees State Insurance Corporation (ESIC), which has members representing Employers, Employees, Central and State Governments, Medical Profession and the Parliament. The ESI Scheme is mainly financed by contributions from the employers and employees. The rates of the employers and the employees share of contribution are 4.75 % and 1.75% respectively. The State Governments share of the expenditure on the provision of medical care is to the extent of 12.5%. All contributions received under the ESI Act and all other money belonging to the fund which is not immediately required for defraying day to day expenses are invested in the manner prescribed statutorily. As on , the total investment of fund was Rs. 30, crore. The Scheme provides full medical facilities from primary health care to super speciality treatment in respect of the insured persons their family members. The medical care under the Scheme is administered by the State Governments, except in Delhi. The Corporation also directly run 34 Hospitals as on International Agreements - With a view to provide adequate Social Security cover to Indian employees deployed abroad the Government of India has entered into bilateral Social Security Agreements (SSAs) with some countries. SSA, a bilateral instrument to protect the interests of Indian professionals as well as self-employed Indians working in foreign countries, was initiated by signing an SSA between India and Belgium on 3 November So far India has signed 15 SSAs with Belgium, Germany, Switzerland, France, Luxembourg, Netherlands, Hungary, Denmark, Czech Republic, Republic of Korea, Norway, Finland, Canada, Sweden, and Japan. These SSAs facilitate mobility of professionals between two countries by exempting them from double payment of social security contributions and enables them to enjoy the benefits of exportability and totalization Maternity Benefit Act, The Maternity Benefit Act, 1961 regulates the employment of women in factories, mines, the circus industry, plantations and shops or establishments employing 10 or more persons except the employees who are covered under the Employees State Insurance (ESI) Act, 1948 for certain periods before and after child birth and provides for maternity and other benefits. It extends to the whole of India, except the State of Sikkim. It also provides for maternity leave and payment of certain monetary benefits to women workers subject to fulfillment of certain conditions during the period when they are out of employment on account of pregnancy. The services of a woman worker cannot be terminated during the period of her absence on account of pregnancy except for gross misconduct. Maximum period for which a woman can get maternity benefit is twelve weeks. The Maternity Benefit Act, 1961 was amended in 2008 to enhance the medical bonus from Rs.1000/- to Rs.2500/-and to empower the Central Government to enhance the medical Bonus before every three years, by notification in the Official Gazette subject to maximum of Rs. 20,000/-. The Medical Bonus has further been increased from Rs. 2500/- to Rs.3500/-w.e.f The Payment of Gratuity Act, The Act provides for compulsory payment of gratuity to employees engaged in factories, mines, oil fields, plantation, ports, railway companies, motor transport undertakings, shops or other establishments on the termination of his employment after he has rendered continue service for not less than 5 years on his superannuation, or on his retirement or resignation, or on his death or disablement due to accident or disease. Provided that the completion of continuous service of 5 years shall not be necessary where the termination of the employment of any employees is due to death or disablement. For every completed year of service or part thereof in excess of six months, the 900

17 employer pays gratuity to an employee at the rate of fifteen days wages based on the rate of wages last drawn. As per section 4(3) of the Act, the amount of the gratuity payable to an employee shall not exceed Rs.10,00,000/ Workers Education Programme 14.1 Central Board for Workers Education (CBWE), Ministry of Labour & Employment, was established in 1958 to implement Workers Education Scheme at National, Regional, Unit and Village Levels. The CBWE is headed by a Chairman. Its headquarters is at Nagpur. The Chief Executive of the Board is the Director who is assisted by an Additional Director, Deputy Directors, Financial Advisor etc. The Board operates through 50 Regional Directorates and 9 Sub-Regional Directorates. The six Zonal Directorates situated at Delhi, Guwahati, Kolkata, Mumbai, Chennai and Bhopal to monitor the activities of the Regional Directorates in their respective zone. The Indian Institute of Workers Education (IIWE), Mumbai, an apex level training Institute of the Board, was established in Training programmes of the Board for workers in organised sector are conducted at three levels- (i) At the first level, training is imparted to the candidates selected as Education Officers. After successful completion of the training, these Education Officers conduct various programmes from the Regional Directorates. (ii) At the second level, workers from different establishments, sponsored by trade unions and released by employers are trained. These trained workers are called Trainers. (iii) At the third level, the Trainers conduct classes for the rank and file of workers in their respective establishments Programmes for representatives from Central Trade Union Organisations / Federations and Voluntary Organisations on different subjects are conducted by the IIWE in addition to giving pre-employment training to Education Officers and reorientation to Regional Directors and Education Officers of the Board as well. In view of the specialized training needs to tackle some of the specific issues by Trade Unions, three cells namely (i) Industrial Health, Safety and Environment (ii) Education for Rural and Unorganised Sector Workers; and (iii) Women and Child Labour have been established in the Institute Initially the Board concentrated its activities in the organized sector. The Board shifted its emphasis to rural sector since on the recommendations of Workers Education Review Committee. Initially started with seven pilot projects, the rural workers education programmes have now become a regular and continuing programme. Rural Volunteers are given one week orientation /Refresher Courses at Regional Directorates to assist Education Officers in conducting Rural Awareness Camps. These camps are attended by landless labour, tribal labour, artisans, forest workers and educated unemployed in rural areas etc. Tailor made programmes of one to four days durations, based on the functional and educational needs of workers, for Handloom, Powerloom, Khadi & Village Industries, Industrial Estates, Small Scale Units, Handicrafts, Sericulture, Coir Industry, Beedi Industry and Workers of Weaker Sections such as women workers, handicapped workers, rickshaw drivers, construction workers, civic and sanitation workers are also organized by the Board. During the period from April 2012 to November 2012, the Board has conducted 6,362 programmes of various durations and trained 2,30,937 workers of various sectors. 15. Labour Statistics and Intelligence 15.1 Directorate General Factory Advice Service and Labour Institutes (DGFASLI) The Directorate General Factory Advice Service and Labour Institutes (DGFASLI) functions as a service organization to advise the Government, Industries, Trade Unions and others in regard to matters relating to safety, health and welfare of workers employed in Factories, Ports and Docks. It serves as a technical arm of the Ministry of Labour and Employment, Government of India in framing of new legislations, proposing amendments to the 901