The Hindu : National : Legislation sought to protect rights of unorganised workers

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Sunday, Dec 11, 2005

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Legislation sought to protect rights of unorganised workers

Special Correspondent

Indian Labour Conference calls for tripartite committee to prepare a final draft Bill

NEW DELHI: The 40th session of the Indian Labour Conference (ILC) has called for expeditious enactment of a comprehensive legislation covering the social security aspect and the service conditions of unorganised sector workers.

It said a tripartite working committee should be set up to prepare a final draft Bill for the purpose. The committee should examine all the four draft Bills, viz., one each prepared by the Union Labour and Employment Ministry and the National Advisory Council and two draft Bills forwarded by the National Commission for Enterprises in the Unorganised Sector. It should also take into account the recommendations from all stakeholders.

The conference that concluded here on Saturday said that all unorganised workers, including home-based, wage workers, migrant workers and self-employed workers, whose average monthly earnings did not exceed Rs. 6,500 a month, should be covered. It said that floor-level social security schemes such as life and accident cover, health insurance and maternity benefit should be funded by the Centre. The ILC said that administrative and infrastructure expenditure under the proposed legislation should also be borne by the Centre for the initial five years. It called for designing of social security schemes prior to introduction of the legislation.

The other recommendations included setting up of tripartite social security boards at the Centre and in the States and the Union Territories to review the schemes under the legislation.

To promote better industrial relations, the ILC approved the proposal to set up a Grievance Redressal Authority with certain changes. It suggested that every industry or establishment employing 50 or more workmen must have one or more grievance redressal committees comprising an equal number of representatives from the management and the workers. The size of the committee should not be less than two and a maximum of six members. These committees would in no way affect the right of the workers to raise disputes under the Industrial Disputes Act.

On amendment of Section 2-A of the ID Act, the ILC said that the Central Government should be the `appropriate Government' in respect of Central public sector undertakings and State governments the appropriate Government in respect of State PSUs. However, it did not agree with the proposal that the Central Government should be the appropriate Government in respect of the disputes of national importance.

The proposed amendment to extend the time period from six months to three years in respect of declaring any industry as a public utility service was supported by representatives of employers and State governments. However, trade union representatives did not agree to it.

There was a consensus at the conference to empower tribunals under the ID Act to enforce the award/order given by them as a decree of civil court.

The conference agreed to direct reference of disputes connected with termination, dismissal and retrenchment to industrial tribunals.

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