The 46th Indian Labour Conference, held after a delay of more than a year,
was more about rhetoric than substance, with the recommendations of the
previous conferences still not implemented by the Government.
By T.K. RAJALAKSHMI
Excerpts:
1. The two-day
session of the 46th Indian Labour Conference (ILC), inaugurated by Prime
Minister Narendra Modi, left trade unions deeply disappointed. It was expected
that the conference would address the apprehensions and long-pending concerns
of the working class, but it turned out to be an exercise in delivering
homilies.
2. The 46th ILC
was due last year, but for inexplicable reasons it was not held. But this did
not deter the Bharatiya Janata Party (BJP)-led government in Rajasthan from
introducing radical changes in its labour laws. The Central government too
moved swiftly to propose amendments to some labour laws and, despite opposition
from trade unions, passed some of them with amendments in Parliament.
3. More important
was the meeting trade union leaders had with the Prime Minister, or the “chai
pe charcha” as one trade union leader put it, at 12 Race Course Road two days
before the ILC. This was unprecedented. The trade unions naturally expected the
Prime Minister to make some announcement of meaningful intent for the
workforce—organised and unorganised—at the ILC. But that did not happen.
4. No assurances were given to the representatives of the
workers about the legitimacy of their demands, especially in the context of the
12-point charter of demands that had been pending since last year. Strangely,
he said that the government was in constant dialogue with the unions, which was
not true as this was the first time that the National Democratic Alliance
government had relented to talk to the unions after one whole year of assuming
office.
5. The Apprenticeship Amendment Act was passed by
Parliament despite the unions having reservations about some of the clauses.
Industry, on the other hand, had welcomed the changes to the Act. It was this
lack of a spirit of tripartite consensus that the unions had objected to
consistently the whole of last year when amendments to the Factories Act or the
formation of a labour code with an umbrella social security legislation, or,
for that matter, amendments to the Apprenticeship Act were made.
6. One of the sore points for the unions has been the
non-implementation of the consensus recommendations of the agreements arrived
at previous ILCs, notably the 43rd, 44th and 45th. The first item on the agenda
of the current ILC concerned the implementation of the
conclusions/recommendations of the last three ILCs, particularly on contract
labour, minimum wages, scheme workers and tripartite mechanism. On the
long-pending demand, and a consensus recommendation of the 45th ILC, that
scheme-based workers be recognised as workers and not as honorary volunteers
and that they should be entitled to all social security benefits, including the
government’s new insurance schemes, the government in its action-taken report
took the curious and untenable position that the Ministry of Women and Child
Development, the Department of School Education and Literacy and the Ministry
of Health and Family Welfare had “informed that the AWW [anganwadi workers],
Mid-Day Meal [MDM] Scheme cook cum helpers cannot be treated as workers”.
Issue of minimum wage
7. Similarly, the 15th ILC had, in 1957, provided a
formula for calculating minimum wages and the 44th ILC had endorsed it. But the
government, instead of accepting the formula, hit upon a floor-level wage of
Rs.160 a day, which is much less than the demand of the trade unions that
Rs.15,000 should be the minimum/floor-level wage. “What is the meaning of this
Rs.160? It is less than one-third of what all the unions are asking. In fact,
as per the 15th ILC’s criteria, it should be not less than Rs.20,000 a month
going by current prices and inflation. Now there will be a basement wage as
well,” said a trade union representative.
Payment of Bonus Act
8. There was no consensus on the amendments to the
Payment of Bonus Act, where the trade unions held the position that all
ceilings under the Act, the eligibility ceiling, the calculation ceiling and
the maximum per cent of bonus payable, needed to be removed while employer
representatives did not agree to this, arguing that this would lead to a spurt
in industrial relations issues. According to them, while making any changes to
the Payment of Bonus Act, 1965, the productivity of workers and paying capacity
of the employers should be taken into account. They were not even in favour of
the indexation of cost of living for the purpose of fixing the ceiling and
calculation of bonus. They said that the term “employee” should be substituted
with “workman” as defined under the Industrial Disputes Act (IDA).
9. There was little assurance from the Union Labour
Minister at the concluding session about the centrality of the role of the
government in implementing the spirit of tripartite dialogue and decisions
arrived at forums like the ILC.
10. At the moment, all the trade unions stand united for
the one-day national strike on September 2 and preparations are already on..
Courtesy: FRONT
LINE Magazine
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