Government of India

Ministry of Labour

MINISTRY OF LABOUR AT A GLANCE IN THE NEW MILLENNIUM


Contents

 

<Important Telephone Numbers><Annexure>


 

Preface

The new millennium heralds the beginning of an era which will be devoted to an intensive pursuit of knowledge, information and skills. It will be a millennium where there will be revolutionary changes in communication. Today’s up date would become stale tomorrow. The quest for knowledge, information and skills would be reinforced by reform and enlightenment of the human mind, replacement of mindsets by a rational and scientific temper and harnessing the findings of scientific and technological research for the larger benefits of the deprived sections of the society.

The role of the Ministry of Labour in the new millennium needs to be perceived and internalised in this perspective. This is one of the oldest and largest Ministries of Government of India. During its existence of over 50 years, the Ministry has passed through numerous vicissitudes. There have been new initiatives and significant achievements as well. New Divisions on emigration and child labour have been opened, laws on health, safety, welfare and social security of workers in both organised and informal sectors have been enacted, new welfare schemes have been introduced with simultaneous increase in budgetary outlays. A series of exercises (seminars, symposia, workshops, study groups) have been undertaken to churn the critical consciousness of society towards recognising and upholding the dignity, equality and freedom of labour. India as a founding and non-elective permanent member of the ILO has made its presence felt and contributed substantially towards adoption of a number of progressive international instruments. There has, however, not been any basic change in the fundamental objective of the Ministry which lies in protecting and safeguarding the interests of the working class in general and those who constitute the poor, deprived and disadvantaged sections of the society in particular. It is for promoting, protecting and preserving their health, safety and welfare that a number of legislative and executive initiatives have been taken. The Ministry which is committed to the ethos and culture of tripartism, initiates the process of enacting a new law or bringing about changes in the existing laws only through a process of consultation with the social partners and after obtaining a consensus. A large institutional framework in the shape of Standing Labour Committee, Indian Labour Conference, Central Contract Labour Advisory Board, Central Minimum Wages Advisory Board and many other similar bodies exist to translate this laudable objective into reality. There have been ups and downs over the years in the history and culture of tripartism but the Ministry despite numerous constraints, challenges and limitations continues to strive to preserve its quintessence.

It was thought appropriate that we should bring out a small bulletin encompassing the basic information on the history of the Ministry, its organisational structure, activities of various divisions, attached and subordinate offices, independent, statutory and autonomous bodies with a view to providing access to the people both within and outside the country to basic information about the Ministry and its activities.

In conceptualising this bulletin, we have been greatly guided and encouraged by the leadership and direction of the Union Labour Minister, Dr. Satyanarayan Jatiya and Minister of State for Labour, Shri Muni Lall. The V.V. Giri National Labour Institute with its energetic and dynamic Director, Shrimati Uma Pillai and the unremitting efforts of a team of her dedicated colleagues has succeeded in translating the dream of the Ministry into a concrete shape.

(Dr. Lakshmidhar Mishra)

Secretary

Ministry of Labour

January 4, 2000 Government of India

 


 

 A HISTORICAL PROFILE

1854 Public Works Department created.

Industry in India being essentially of cottage type and the factory type of industry being in a rudimentary stage, the matters related to Labour assigned to Public Works Department.

1905 Labour and some other subjects transferred to new department, the Department of Commerce and Industry.

1919 International Labour Organisation (ILO) established. India becomes one of the permanent, non-elective and founding members among the ten industrially important countries.

1920 Temporary Board of Industries and Munitions set up to deal with, inter alia, matters relating to factory legislations.

1921 Separate Department of Industries created on the recommendation of the Board.

1923 Department of Industries reorganised and named as Department of Industries and Labour under the charge of a Member of Governor General’s Executive Council with a Secretary to Government as its administrative head.

1937 Department of Industries and Labour bifurcated into Department of Labour and Department of Communications. Department of Labour made responsible for labour, public works, stationery and printing, mines, electricity, boilers, explosives, inter-provincial migration, factories and matters relating to ILO.

1946 Department of Labour bifurcated into Department of Works, Mines and Power and Department of Labour.

1947 Department redesignated as Ministry of Labour under the charge of a Minister of Cabinet Rank.

1957 Nomenclature changed to Ministry of Labour and Employment.

1964 New Department of Social Security created which took over the subjects of social security schemes from Ministry of Labour and Employment.

1965 Ministry functioning in the North Block shifted to Shram Shakti Bhawan, Rafi Marg, New Delhi from where it is functioning till date.

1966 Department of Rehabilitation merged with the Ministry of Labour and Employment and renamed as Ministry of Labour, Employment and Rehabilitation with two Departments namely Department of Labour and Employment and Department of Rehabilitation. Subjects such as Unemployment Insurance, Employees Insurance and Provident Fund earlier dealt with by Department of Social Security transferred to Department of Labour and Employment.

1971 Nomenclature of the Ministry changed to Labour and Rehabilitation. Department of Labour and Employment and Department of Rehabilitation continued to function separately.

1973 Department of Rehabilitation separated and Ministry renamed as Ministry of Labour.

1974 Work relating to Dock Workers’ Regulations and Employment Schemes transferred to Ministry of Shipping and Transport.

1979 Work relating to Coal Mines Welfare Fund and Coal Mines Provident Fund transferred to Department of Coal.

1981 Work relating to Emigration which was handled in Ministry of External Affairs transferred to Ministry of Labour and Division under Protector General of Emigrants created in Ministry of Labour.

1982 Ministry with separate Departments i.e. Labour and Rehabilitation renamed as Ministry of Labour and Rehabilitation.

1984 Labour Welfare Division shifted to Jaisalmer House, Mansingh Road, New Delhi.

1985 Nomenclature once again changed to Ministry of Labour.

1986 Administration of Cine Workers Welfare Fund Cess Act, 1981 transferred from Ministry of Information and Broadcasting to Ministry of Labour.

Location

Ministry of Labour is located in Shram Shakti Bhawan, Rafi Marg, New Delhi. Its offices are located partly in first, third, fifth and sixth floors of Shram Shakti Bhawan, partly in Jaisalmer House, Jamnagar hutments, Asaf Ali Road and Pusa Road. (Approach to Shram Shakti Bhawan, Rafi Marg, New Delhi is given in a road map on the back cover.)

Administrative Structure

The Ministry is under the charge of a Cabinet Minister who is assisted by a Minister of State. The administrative head of the Ministry is Secretary to the Government of India who is assisted by various Bureau Heads.

Number of Employees

Number of sanctioned posts in Ministry (including attached and subordinate offices)

Officers : 2,696

Staff : 8,699

Working hours

9 AM to 5.30 PM for main Ministry and 9.30 AM to 6.00 PM for attached and subordinate offices with half hour break from 1.00 PM to 1.30 PM, on same pattern as for other Ministries/Departments of Government of India.

 

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ORGANISATIONAL STRUCTURE AND FUNCTIONS

Subjects allotted to the Ministry

v Labour Policy (including wage policy) and legislation.

v Safety, Health and Welfare of Labour.

v Social Security of Labour.

v Policy relating to special target groups such as Child and Women Labour.

v Industrial Relations and enforcement of Labour Laws in the Central sphere.

v Adjudication of Industrial Disputes through Central Government Industrial Tribunals-cum-Labour Courts and National Industrial Tribunals.

v Workers’ Education.

v Labour and Employment Statistics.

v Emigration of Labour for Employment Abroad.

v Employment Services and Vocational Training.

v Administration of Central Labour & Employment Services.

v International Co-operation in Labour and Employment matters.

Attached OFFICES

v Office of Directorate General, Employment and Training, New Delhi (DGE&T).

v Office of the Chief Labour Commissioner (Central), New Delhi (CLC[C]).

v Labour Bureau, Chandigarh & Shimla.

v Office of Directorate General, Factory Advice Service and Labour Institutes, Mumbai (DGFASLI).

SUBORDINATE OFFICES

v Office of Directorate General, Mines Safety, Dhanbad.

v Offices of the Welfare Commissioners at Allahabad, Bangalore, Bhilwara, Bhubaneshwar, Calcutta, Hyderabad, Jabalpur, Karma and Nagpur.

ADJUDICATING BODIES

v Central Government Industrial Tribunal-cum-Labour Courts No. 1 and 2 at Dhanbad and No. 1 Mumbai, and No. 2 at Mumbai and at Asansol, Calcutta, Jabalpur, New Delhi, Chandigarh, Kanpur, Bangalore, Jaipur, Nagpur, Lucknow, Chennai, Bhubaneshwar and Hyderabad.

ARBITRATION BODY

v Board of Arbitration, New Delhi.

AUTONOMOUS ORGANISATIONS

v Employees’ State Insurance Corporation, New Delhi. (ESIC).

v Employees’ Provident Fund Organisation, New Delhi. (EPFO).

v V.V. Giri National Labour Institute, NOIDA, Uttar Pradesh, (VVGNLI).

v Central Board for Workers’ Education, Nagpur. (CBWE).

FUNCTIONS

Directorate General of Employment & Training (DGE&T)

Responsible for:

v Laying down the policies, standards, norms and guidelines in the area of vocational training throughout the country.

v Co-ordinating employment services.

Office of the Chief Labour Commissioner (Central)

Responsible for:

v Prevention, investigation and settlement of industrial disputes in the Central sphere.

v Enforcement of awards and settlements.

v Implementation of labour laws in industries and establishments in respect of which, Central Government is the appropriate Government.

v Verification of membership of Unions affiliated to the Central Organisations of Workers for giving them representation on national and international conferences and committees.

v Fixation and revision of minimum wages by notifications under the Minimum Wages Act, 1948 in scheduled employments in respect of which Central Government is the appropriate Government.

Directorate General of Factory Advice Service and Labour Institutes (DGFASLI)

Responsible for:

v Safety, health and welfare of workers in factories and docks

v Coordinating implementation of the Factories Act, 1948, by the State Governments and formulation of model rules

v Administration of the Dock Workers (Safety, Health and Welfare) Act, 1986

v Undertaking research in industrial safety, occupational health, industrial hygiene, industrial psychology and industrial physiology

v Providing training, mainly in the field of industrial safety and health, including a diploma course of one year duration in industrial safety which is an essential qualification for appointment of Safety Officers in factories

v Regular in-service training of Factory Inspectors

Labour Bureau

Responsible for:

v Collection, compilation, analysis and publication of statistical data on labour related aspects like employment, wages, earnings, industrial relations, working conditions etc.

v Compilation and publication of the Consumer Price Index Numbers for industrial and agricultural workers

v Rendering necessary assistance to the State Governments in conducting training programmes in Labour Statistics at State/District/Unit levels

SUBORDINATE OFFICES

Directorate General of Mines Safety (DGMS)

Responsible for :

v Enforcement of the provisions of the Mines Act, 1952 and the Rules and Regulations framed under the Act and,

v The provisions of the Indian Electricity Act, 1910, as applicable to mines and oil fields.

Welfare Commissioners (9 offices)

Responsible for:

v Providing welfare facilities to the workers employed in the mica, limestone, dolomite, iron ore, manganese and chrome ore mines and in the beedi and cinema industries.

AUTONOMOUS ORGANISATIONS

Employees’ State Insurance Corporation (ESIC)

Responsible for:

v Implementation of Employees’ State Insurance Act, 1948, which provides for medical care and treatment to insured persons and their families.

v Providing assistance in terms of benefits during sickness and maternity, compensation for employment injury, pensions for dependants on the death of workers due to employment injury, etc. to employees covered under the ESIC Act.

Employees’ Provident Fund Organisation (EPFO)

Responsible for:

v Administration of Employees’ Provident Funds and Miscellaneous Provisions Act, 1952.

v Implementation of the schemes of Provident Fund, Family Pension and Deposit Linked Insurance for the benefit of the workers covered under the scheme.

v Administration of Employees’ Pension Scheme, 1995 which has come into existence on 16.11.95.

V.V. Giri National Labour Institute (VVGNLI)

Responsible for:

v Research, training and education on various aspects of labour both in the organised and unorganised sectors.

v The mandates include:

l Undertaking and assisting in organising training and education programmes, seminars and workshops;

l Undertaking, aiding, promoting and coordinating research on its own or in collaboration with other agencies both at national and international level;

l Analysing specific problems that are encountered in the planning and implementation of labour and allied programmes and to suggest remedial measures;

l Establishing and maintaining library and information services and collaborate with other institutions and agencies in India and abroad which have similar objectives.

Central Board for Workers’ Education (CBWE)

Responsible for:

v Training of workers in techniques of trade unionism

v Bringing about consciousness among workers about their rights, duties and responsibilities

v Conducting programmes for rural workers’ education and functional adult education

ADJUDICATING BODIES

Central Government Industrial Tribunals-cum-Labour Courts (CGITs)

Responsible for:

v Adjudication of the industrial disputes in organisations for which the Central Government is the appropriate Government.

v Seventeen Industrial Tribunal-cum-Labour Courts have been set up under the provisions of the Industrial Disputes Act, 1947.

ARBITRATION BODY

Board of Arbitration

Responsible for:

v Compulsory arbitration of disputes between the Government employees and the Government on pay and allowances, weekly hours of work and leave of a class or grade of employees.

COMMITTEES/BOARDS UNDER THE MINISTRY OF LABOUR

Total number of Committees/Boards 53

Out of which :

Committees/ Boards which put in abeyance 15

Committees/Boards merged/wound up 02

Remaining Committees/Boards 36

Composition of Committees/Boards

Mostly Tripartite having the representatives of Workers’ Organisations, Employers’ organisations and the Government.

(Details of the Committees/Boards is given in the Annexure.)

 

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LABOUR LAWS

Labour Laws may be classified under the following heads:

I. Laws related to Industrial Relations such as:

l Trade Unions Act, 1926

l Industrial Employment Standing Order Act, 1946.

l Industrial Disputes Act, 1947.

II. Laws related to Wages such as:

l Payment of Wages Act, 1936

l Minimum Wages Act, 1948

l Payment of Bonus Act, 1965.

III. Laws related to Working Hours, Conditions of Service and Employment such as:

l Factories Act, 1948.

l Plantation Labour Act, 1951.

l Mines Act, 1952.

l Working Journalists and other Newspaper Employees’ (Conditions of Service and Misc. Provisions) Act, 1955.

l Merchant Shipping Act, 1958.

l Motor Transport Workers Act, 1961.

l Beedi & Cigar Workers (Conditions of Employment) Act, 1966.

l Contract Labour (Regulation & Abolition) Act, 1970.

l Sales Promotion Employees Act, 1976.

l Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979.

l Dock Workers (Safety, Health & Welfare) Act, 1986.

l Building & Other Construction Workers (Regulation of Employment & Conditions of Service) Act, 1996.

IV. Laws related to Equality and Empowerment of Women such as:

l   Maternity Benefit Act, 1961

l   Equal Remuneration Act, 1976.

V. Laws related to Deprived and Disadvantaged Sections of the Society such as:

l   Bonded Labour System (Abolition) Act, 1976

l   Child Labour (Prohibition & Regulation) Act, 1986

l   Children (Pledging of Labour) Act, 1933

VI. Laws related to Social Security such as:

l   Workmen’s Compensation Act, 1923.

l   Employees’ State Insurance Act, 1948.

l   Employees’ Provident Fund & Miscellaneous Provisions Act, 1952.

l   Payment of Gratuity Act, 1972.

Amendment of Labour Laws

Law is a framework and its provisions need review and revision with a view to remain relevant in a changed scenario. Labour laws are no exception. Currently, amendments to the following laws are either on consultation by state with the social partners or on the basis of consideration by other concerned authorities:

1. The Payment of Wages Act, 1936.

2. The Minimum Wages Act, 1948.

3. Employees’ Provident Fund & Misc. Provisions Act, 1952.

4. The Employees’ State Insurance Act, 1948.

5. Contract Labour (Regulation & Abolition) Act, 1970.

6. The Factories Act, 1948.

7. The Mines Act, 1952.

8. The Workmen’s Compensation Act, 1923.

9. Inter-State Migrant Workmen (Regulation of Employment & Conditions of Service) Act, 1979.

 

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THE SECOND NATIONAL COMMISSION ON LABOUR (NCL)

 

Need for setting up of the NCL

l During the period of three decades since the setting up of the First National Commission on Labour, there has been a sizeable increase in the magnitude of labour force because of the pace of industrialisation and urbanisation.

l After the implementation of the new economic policy in 1991, rapid changes have taken place in the economic environment of the country, which have in turn brought about changes in the domestic industrial climate and labour market.

l Changes have occurred at the work place in the industry and character of employment, in hours of work and in the scenario of industrial relations.

l With liberalisation, privatisation and globalisation new forces have been unleashed into the functioning of the labour market.

All these considered jointly, justify a fresh look at the labour laws, many of which were enacted years ago.

Date of decision taken to set up the Commission 24.12.98

Date of issue of Resolution setting-up the Commission issued 15.10.99

Tenure  :   24 months from the date of issue of   Resolution.

COMPOSITION

Chairman

Shri Ravindra Varma

Full Time Member

Dr. B.R. Sabade

Part Time Members

1. Shri Sunil Shastri

2. Shri Sudharshan Sarin

3. Shri G. Sanjeeva Reddy

4. Shri Jitendra Vir Gupta

5. Smt. Ela R. Bhatt

6. Shri Arvind R. Doshi

7. Shri Hasubhai Dave

Member Secretary

Shri N. Sanyal

Terms of Reference

(i) to suggest rationalisation of the existing laws relating to labour in the organised sector; and

(ii) to suggest an umbrella legislation for ensuring a minimum level of protection to the workers in the unorganised sectors;

In developing the framework for its recommendations, the Commission will take into account the following:

(i) follow up implications of the recommendations made by the Commission set up in May, 1998 for review of various administrative laws governing industry;

(ii) the emerging economic environment involving rapid technological changes, requiring response in terms of change in methods, timings and conditions of work in industry, trade and services, globalisation of economy, liberalisation of trade and industry, emphasis on international competitiveness and the need for bringing the existing laws in tune with the future labour market needs and demands;

(iii) the minimum level of labour protection and welfare measures and the basic institutional framework for ensuring the same, in a manner which is conducive to a flexible labour market and adjustments necessary for furthering technological change and economic growth; and

(iv) improving the effectiveness of measures relating to social security, occupational health and safety, minimum wages and linkage of wages with productivity and in particular, the safeguards and facilities required for women and handicapped persons in employment.

Progress Made

First meeting of the newly set up Second National Commission on Labour was held on 4.11.1999 at New Delhi, under the Chairmanship of Shri Ravindra Varma, Chairman of the Commission. In the meeting, inter-alia, it was decided to constitute six study groups on the following subjects:

1. Review of Laws

2. Rural/Informal Sector employment/umbrella legislation

3. Globalisation and its impact

4. Social Security

5. Women and Child Labour

6. Skill Development, Training and Workers’ education

Location

As per the original proposal, the office of the Commission is to be located in the periphery of Delhi, including NOIDA/Gurgaon/ Faridabad. However, after the Chairman of the Commission took charge on 1.6.1999, it was considered appropriate to locate the office of the Commission in Delhi keeping in view the functional convenience for the work of the Commission and the limited tenure of the Commission. Final decision is yet to be taken.

Funding

A total expenditure of Rs. 6 crore has been estimated for the Commission for a duration of 24 months for 44 posts, if the office of the Commission is in New Delhi.

 

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PLAN SCHEMES

Objectives, Approach and Plan Outlay in the Ninth Plan

l The approach during IXth Five Year Plan has been rationalisation, simplification and integration of labour laws and labour policy to bring them in tune with the needs of the changing socio-economic scenario. Also, the existing legislative framework would be strengthened to protect the interests of labour in the unorganised sector.

l The main thrust areas in the IXth Five Year Plan include: reorienting the role of the Employment Exchanges in view of the newly emerging labour market scenario; multi dimensional approach with involvement of voluntary organisations for improving economic and working conditions of the workers in the unorganised sector; integrated approach to rehabilitate bonded labour; multi-pronged approach for progressive elimination of child labour; improving training and skill development of women workers; evolving integrated comprehensive scheme on social security etc.

l The total plan allocation for the IXth Five Year Plan is Rs. 792.12 crores.

l There are 144 plan schemes consisting of 130 central schemes and 14 centrally sponsored schemes.

Steps Taken to Achieve the Goals

l The Second National Commission on Labour has been constituted to look into the rationalisation of existing labour laws and also to suggest an umbrella legislation for the unorganised labour.

l The recommendations of Jain Commission on Administrative Reforms on Rationalisation and Modification of Labour Laws are under examination.

l A Plan scheme has been proposed to strengthen Employment Market Information Scheme with the objective of collecting comprehensive labour market information, conducting area-specific studies to assess the availability of skills and modernising selected Employment Exchanges through computerisation. The Planning Commission has approved the scheme in principle.

l The pilot scheme "Housing for Hamals" has been recently evaluated and the evaluation report is under consideration of the Ministry and the Planning Commission for continuance of the scheme.

l Existing Plan schemes have also been reviewed at the time of mid-term appraisal by the Ministry and modifications in the Centrally sponsored scheme for rehabilitation of bonded labour and in another scheme pertaining to industrial relations regarding linkage of Industrial Relations (IR) Desks with the CGITs and office of RLCs(Central) have been proposed.

l The Cabinet Committee on Economic Affairs (CCEA) has approved continuance of National Child Labour Projects, permitted to increase their number from 76 to 100 and allocated a sum of Rs. 261 crores during the Ninth Plan period.

 

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INDUSTRIAL RELATIONS

The Industrial Relations Division works in close co-ordination with the Central Industrial Relations Machinery (CIRM) in an effort to ensure that the country gets a stable, dignified and efficient workforce, free from exploitation and capable of generating higher levels of output to enable India to march ahead on the path of high economic growth and prosperity in the new millennium. The Division is also concerned with improving the infrastructural and institutional framework for dispute settlement and amending labour laws relating to industrial relations in order to make them more relevant in the changing economic scenario.

n Presently the CIRM deals with about 14,000 industrial disputes annually and settles more than one third of these through mediation and conciliation. During 1998-99 roughly 6,000 cases of industrial disputes could not be settled through the conciliation process, out of which about 60 per cent of cases were referred for adjudication to various Industrial Tribunals-cum-Labour Courts and the remaining were declined reference. The pendency of cases awaiting reference, which was more than one year during 1997-98, has been reduced to merely four months currently.

n There are 17 Central Government Industrial Tribunals-cum-Labour Courts set-up in different parts of the country at present which are required to adjudicate labour disputes in a time-bound manner. Around 1500 awards passed by CGITs/Labour Courts/Industrial Tribunals during 1998-99 were notified by the Government.

n The Labour Relations Monitoring Unit at the Centre continues to monitor industrial relations throughout the country with the objective of taking timely action through preventive mediation for resolving industrial disputes and containing general industrial unrest. Data on labour unrest have been computerised which show that the number of mandays lost as a result of strikes and lockouts has registered a declining trend during the nineties, as compared to that of eighties. Number of workers laid-off or retrenched has also been reduced in recent years.

n With a view to forging closer co-operation between workers, management and Government and to encourage them to find common solution to the problems, seven Industrial Tripartite Committees were set up by the Ministry in the Sugar, Cotton Textiles, Jute, Engineering, Chemicals, Electricity Generation and Distribution and Road Transport sectors. Meetings of the Industrial Tripartite Committee on Sugar Industry and the Cotton Textiles Industry were convened during 1999.

n Taking into consideration the emerging global economic situation and the need to make the Industrial Disputes Act, 1947, Trade Unions Act, 1926 and the Plantations Labour Act, 1951 more relevant, some infirmities in the legislations have been identified, which require amendment by the Parliament. The Ministry will endeavour to bring about these amendments as early as possible.

 

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SOCIAL SECURITY

The five enactments in the area of Social Security for the industrial workers are:

u Employees’ Provident Fund and Miscellaneous Provisions Act,           1952.

u Employees’ State Insurance Act, 1948.

u Workmen’s Compensation Act, 1923.

u Maternity Benefit Act, 1961 and

u Payment of Gratuity Act, 1972.

p Employees’ Provident Fund & Miscellaneous Provisions Act, 1952 is applicable to 177 industries/classes of establishments employing 20 or more workers. The wage ceiling for coverage is Rs. 5,000 per month. About 22 million workers are presently covered under the Act. The benefits available to the workers include the provident fund, employees deposit linked insurance and the pension to the workers and their families.

l   The Provident Fund, Pension Fund & Deposit Linked Insurance Fund are administered by the Employees Provident Fund Organisation under the overall supervision and direction of the Central Board of Trustees and Committees thereunder.

l    Central Provident Fund Commissioner (CPFC) is the Chief Executive Officer of the Organisation.

l    Under CPFC, there are 538 Group ‘A’ officers, 1,743 Group ‘B’ officers and 16,747 staff members spread over in 17 Regional Offices, 74 Sub-Regional/Sub-Accounts Offices, 10 Service Centres and 157 Inspectorate Offices, who are engaged in rendering service to 22 million subscriber members.

p Employees’ State Insurance Act, 1948 provides for health care and cash benefits in cases of sickness, maternity and employment injury. ESI Scheme is operational in 642 centres in 22 State/Union Territories. The number of insured persons is 88.19 lakhs and the number of beneficiaries is 3.42 crores. The health and medical care facilities are provided to the workers through a network of 134 hospitals, 43 annexes and 1452 dispensaries located throughout the country.

l   ESI scheme is jointly administered by the Central Government and the State Governments. While the Central Govt formulates the Scheme, recovers the contribution from employers of covered establishments with the help of its Recovery Officers, builds the infrastructure (hospitals, dispensaries etc.), provides 7/8th of the total expenses, the State Government contributes 1/8th, posts Medical Officers, specialists and paramedical staff, procures and instals equipments, dispenses medicines and has the overall responsibility for the management of the hospitals/dispensaries.

l   Director General (DG), ESIC is the Chief Executive Officer of the Corporation and functions under the overall supervision and control of the Board and Committees/Councils formed thereunder.

l   Under DG, ESIC, there are 357 Group ‘A’ officers, 199 Group ‘B’ officers and 12,461 staff members, spread over in 22 Regional Offices/Sub-Regional Offices, 627 Local Offices and 199 Pay Offices to discharge the various statutory functions assigned to them under the Act.

l   At the state level there are 22 Directors of the ESI Scheme, responsible for the management of hospitals and dispensaries opened under the ESI Scheme.

p Workmen’s Compensation Act, 1923 provides for compensation to workmen or their survivors in cases of industrial accidents and occupational diseases, resulting in disablement or death. The compensation in case of death ranges from Rs. 50,000 to Rs. 2.28 lakh and in the case of permanent total disablement from Rs. 60,000 to Rs. 2.74 lakh.

p Maternity Benefit Act, 1961 regulates employment of women before and after child birth and provides for 12 weeks maternity leave, medical bonus and certain other benefits. The Act is not applicable to the employees covered under the ESI Act, 1948.

p Payment of Gratuity Act, 1972 provides for payment of gratuity @ 15 days’ wages for every completed year of service or part thereof, in excess of seven months. The maximum amount of gratuity payable under the Act was raised from Rs. 1.00 lakh to Rs. 3.50 lakh with effect from 24.9.97. There is no wage ceiling for coverage under the Act.

OCCUPATIONAL SAFETY AND HEALTH

The three important legislations in the area of occupational safety and health are:

u   Factories Act, 1948.

u   Mines Act, 1972 and

u   Dock Workers (Safety, Health & Welfare) Act, 1986.

v Factories Act, 1948 regulates health, safety, welfare and other working conditions of workers in factories. It is enforced by the State Governments through their factory inspectorates. The Directorate General Factory Advice Service & Labour Institutes (DGFASLI) functions as a technical arm of the Ministry for co-ordinating matters concerning safety, health and welfare of workers in the factories with the state governments while being directly responsible for administering the provisions of Dock workers (Safety, Health & Welfare) Act, 1986. DGFASLI conducts training, studies and surveys on various aspects relating to safety and health of workers through the Central Labour Institute in Mumbai and three other Regional Labour Institutes located at Calcutta, Chennai and Kanpur. One more Regional Labour Institute is being set up at Faridabad.

v Mines Act, 1952 provides for measures for the health, safety and welfare of workers in the coal, metalliferous and oil mines. For giving effect to various provisions in the Mines Act and the rules and regulations framed thereunder, the Directorate General of Mines Safety conducts inspections and inquiries, issues competency tests for the purpose of appointment to various posts in the mines, organises seminars/conferences on various aspects of safety of workers. The overall emphasis on the activities of DGMS is to contain the number of accidents in mines.

With a view to promote and encourage ingenuity, creativity and resourcefulness of miners and factory workers and with a view to recognise their talent and outstanding contribution, the following Awards/Rewards/Schemes are under implementation in the Ministry of Labour:

l Prime Minister’s Shram Award.

l Vishwakarma Award Scheme.

l National Safety (Mines) Award.

v Courts of Inquiry are set up by the Central Government to investigate into the accidents which results in the death of 10 or above miners. From 1901 till date, 46 Courts of Inquiry (42 pertaining to accidents in coal mines and 4 pertaining to accidents in non-coal mines) have been set up and have submitted their reports.

v Dock Workers (Safety, Health & Welfare) Act, 1986 contains provisions for the health, safety and welfare of workers working in ports/docks and is administered by Director General, FASLI as the Chief Inspector. There are inspectorates of dock safety at 10 major ports in India viz. Calcutta, Mumbai, Chennai, Visakhapatnam, Paradip, Kandla, Mormugao, Tuticorin, Cochin and New Mangalore. The Inspectorate at Jawaharlal Nehru Port is being made operational. The overall emphasis in the activities of the inspectorates is to contain the accident rates and the number of accidents at the ports.

 

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INTERNATIONAL MIGRATION OF INDIAN WORKERS

n Emigration Act, 1983 regulates the emigration of Indian workers for jobs abroad.

n Under the Act, no agency/establishment can undertake the recruitment of Indian workers with foreign employers without possessing a registration certificate issued by the Protector General of Emigrants/Registering Authority.

n The number of registered recruiting agencies with valid registration certificates at present is about 1,150.

n Foreign employers can make direct recruitment after obtaining permit from the Indian Missions or from the Protector General of Emigrants/Competent Authority.

n Main outflow of Indian workers during the last few years has been to the gulf countries where about 30.00 lakh workers are presently working.

n Workers possessing passports with classification of ‘Emigration Check Required’ can emigrate to other countries for work after obtaining emigration clearance from either of the 8 offices of the Protectorates of Emigrants located at Delhi, Mumbai, Calcutta, Chennai, Hyderabad, Chandigarh, Cochin and Thiruvanan-thapuram.

n A few problems being faced by the Indian workers include: collection of service charges in excess of what is provided under the Act by the Recruiting Agents; changing the employment agreements by the foreign employer to the disadvantage of the workers; non-payment/delayed payment of salary; non-availability of adequate facilities of accommodation and food; harassment; etc.

n There is a proposal for setting up of a Central Manpower Export Council which could take up the activities like promotion of employment opportunities in various countries, setting up and operation of a data bank of workers seeking employment overseas, laying down standards and guidelines for recruitment for overseas employment and monitoring the fast changing technological developments and advising the Central/State Governments and training institutes to redesign their training programmes to suit the present day requirements.

n There is also a proposal for constitution of a welfare fund which will be utilised for meeting eventualities like:

l Repatriation of stranded workers.

l Grant of lump sum assistance to the families of workers who die while working with foreign employers.

l Grant of lump sum assistance to the workers who become permanently disabled while working with foreign employers.

 

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CHILD AND WOMEN LABOUR

Child Labour

v India has all along followed a positive and pro-active policy towards elimination of child labour.

v This Policy is reflected in Article 24 of the Constitution and in the laws which have been enacted from time to time.

v The Policy, however, was not in favour of absolute prohibition of child labour but in favour of combination of prohibition and regulation.

v Employment of Children Act, 1938 which was rather restrictive in scope and content was replaced by Child Labour (Prohibition & Regulation) Act, 1986.

v National Policy on Child Labour was formulated soon thereafter in August, 1987 with the following objectives:

l   A legislative action plan.

l   Focusing of general develop-ment programmes for benefi-ting children, wherever possible.

l   Project-based action plan in areas of high concentration of child labour engaged in wage/quasi wage employment.

v National Child Labour Projects (NCLP) were launched in 1988-89 at 9 pockets of concentration of child labour to release children from work and to rehabilitate them through education, nutrition and check-up of health. This was subsequently raised to 12.

v This strategy rested on adopting a selective, gradual and sequential approach to rehabilitate children released from work, starting with the most hazardous and proceeding to less hazardous and ending up with rehabilitation of non-hazardous industries/occupations/processes.

v In August, 1994, a high-level decision was taken to intensify the process of rehabilitation by opening additional number of NCLPs. Through in-depth consultation with Collectors of a few selected districts (62) in a Conference in September, 1995, the number of NCLPs was raised from 12 to 76.

v The Cabinet Committee on Economic Affairs (CCEA) in January, 1999, while approving the continuance of the NCLP approach during the 9th Plan period, agreed to raise the number to 100 and approved a total outlay of Rs. 261 crores.

v As of date, 85 NCLPs have been operational with 1.8 lakh children enrolled in about 2000 special schools being manned by 2500 teachers. An integrated approach for rehabilitation of children released from work through education, nutrition, health check-up and skill training is being adopted in these special schools.

v Simultaneously, efforts have been made in the following directions:

l to add industries/occupations/processes to Part A and B of the Schedule to the Child Labour (Prohibition & Regulation) Act, 1986 on the recommendation of the Technical Advisory Committee constituted u/s 5 of the Act. So far 39 additional occu-pations and processes have been added bringing the total to 64.

l   to adopt an area-specific, time-bound, result-oriented and cost-effective approach, which is also progressive, gradual and sequential to elimination of child labour.

l   to pool resources from a variety of sources and integrate them imaginatively and skilfully with a view to achieve the objective of holistic and integrated rehabilitation.

l   to treat the problem of child labour as a concern of all Ministries/Departments/Agen-cies, a national as well as a global concern, a human right and a development related issue and not a trade related issue.

l   to ensure with the involvement of Departments of Education and Ministry of Health the following:

l the curriculum, course content and textual material which are adopted for the special schools are need-based and attuned to the real life situation, in which children and their parents are placed.

l the emphasis is on universal enrolment, universal reten-tion and achievement of minimum levels of learn-ing.

l Such skills (life skills, communication skills, survival skills, behavioural skills, managerial and supervisory skills) are imparted as would develop the children to responsible and responsive adults (as they enter adulthood).

l Health check up is conducted in such a manner that it not only helps in diagnosing the damages suffered by them on account of exposure to hazardous work but also in repairing the damage and restoring children to normal health after being released from work.

l Ensure that the children on completion of three years of schooling in the special schools are mainstreamed into the world of formal learning.

l Ensure that children while in the special school participate in a host of activities which would enhance their creativity and pursuit of excellence.

v A full-fledged Division for Child Labour with a Joint Secretary in-charge has been made operational from 19.3.98. Since then it has been possible to undertake a host of activities in the direction of elimination of child labour and full rehabilitation of children released from work. Steps have been initiated in the direction of ratification of the ILO Convention No.182 on elimination of the worst forms of child labour, as also for introducing a uniform age of entry into employment. Efforts are on to sign a fresh memorandum of understanding with ILO for continuance of IPEC activities in India beyond December, 1999.

WOMEN LABOUR

v A separate Cell for women labour which was set up in 1975, is functioning in the Ministry to pay special attention to the problems of women labour.

v    The Cell is responsible for the formulation of policies that seek to remove the handicaps under which women work, to strengthen their bargaining position, to improve their wages and working conditions, to enhance their skills and open up new avenues of employment opportunities for them.

Data on Women Labour

v    Women labour comprises a section of the working population who are exposed to exploitation. The majority of women labour work in the unorganised sector for low wages and at low levels of skills.

v   Though, in absolute terms the number of women workers during the last four decades have more than doubled from 40 million in 1951 to 90 million in 1991, the percentage of women labour to total workforce has declined marginally. In 1951 it was 28.98 per cent and in 1991 it was 26.80 per cent.

v    While there has been marginal decline in the annual rate of growth of female employment, the annual rate of growth of employment of educated women is substantially higher.

v    The employment trends also show that the women workers are taking up more and more employment in the services sector rather than in agriculture and allied sectors and in mines and queries.

v    However, the female work participation rate continues to lag behind that of males.

Major Problems being Faced by Women Labour

Some of the major problems which are still faced by women workers, are as follows:

l Declining trend in work participation rate.

l No significant rise in employment.

l Lack of organisation.

l Adverse effect of mechanisation on women’s employment.

l Absence of support service in most sectors.

l Non-payment of wages and or equal wages.

l Economic and sexual exploitation of women workers

 

Legislative and other Measures

As a part of this policy, a number of legislative measures have been taken for the protection of women. Consequent upon the ratification of ILO Convention No.100 in 1958 concerning equal remuneration for men and women for work of equal value, Equal Remuneration Ordinance was promulgated in 1975 which was subsequently replaced by the Equal Remuneration Act, 1976 applicable to the whole country. The Equal Remuneration Act (E.R. Act) provides for payment of equal remuneration to men and women for the same work or work of a similar nature without any discrimination and for prevention of discrimination against women in recruitment, as well as in conditions of service, such as promotions, training, transfers, etc. The provisions of the Act have been extended to all categories of employment and rules have been framed. The following actions have been taken with a view to securing implementation of the Act.

Actions Taken for Implementation of E.R. Act

l A Central Advisory Committee has been set up under the Act to advise the Government on providing increasing employment opportunities for women and generally reviewing the steps taken for effective implementation of the Act. Similar Committees have also been set up by the State Governments and Administrations of the Union Territories.

l The Central Government and most of the State Governments have also appointed authorities under the Act for enforcing the provisions of the Act.

l Four Social Welfare Organisations have been recognised by the Centre for the purpose of filing complaints in courts against employers for violation of the provisions of the Equal Remuneration Act, 1976.

l The enforcement of Act in Central sphere and by the States in states’ sphere is being monitored through periodical reports.

In the National Agenda for Governance, a lot of emphasis has been laid on enforcing the laws strictly relating to equal pay for equal work. This issue has been brought to the notice of all State Governments/UTs for securing strict implementation of the Equal Remuneration Act, 1976.

Other Enactments Covering Women Labour

The other enactments applicable to women labour include: the Maternity Benefit Act, 1961, the Factories Act, 1948, the Plantation Labour Act, 1951 and Beedi & Cigar Workers (Conditions of Employment) Act, 1966 and Central rules framed under the Contract Labour (Regulation & Abolition) Act, 1970 which provide for establishment of creches for the care of children below the age of 6 years, of working women

l To take care of the health and safety aspect, the employment of women below ground in mines is prohibited under the Mines Act, 1952.

l Women cannot be employed in hazardous processes in factories, as per the provisions of the Factories Act, 1948.

l Separate washing places, latrines and urinals have to be provided to women workers under the Factories Act, Plantation Labour Act, Contract Labour (Regulation & Abolition) Act and Beedi & Cigar Workers (Conditions of Employment) Act.

l Special provisions for women relating to child care, maternity benefit, working hours and their representation on Welfare Boards have also been made in the recently enacted Building and other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996.

Grant-in-aid Scheme

The Cell is also running a Grant-in-aid Scheme for the welfare of women labour. This Scheme is administered through voluntary organisations by giving grant-in-aid to them for providing skill training and awareness generation amongst women workers with a view to enhance their skills and make them self-sufficient.

Provisions in IXth Plan

In the IXth Plan, the Schemes of Studies relating to women labour and organising women labour have been merged with the Scheme of Grant-in-aid to Voluntary Organisations. In the IXth Plan, the total outlay for Women Cell has been kept at Rs.100 lakhs. Out of this, an amount of Rs.2.50 lakhs has been earmarked for the Scheme of Strengthening of Women Cell and Rs.97.50 lakhs has been kept for the Scheme of Grant-in-aid to Voluntary Organisations. B.E. 1999-2000 for G.I.A. to Voluntary Organisations is Rs.19.50 lakhs and for Strengthening of Women Cell is Rs.0.50 lakhs.

Supreme Court Guidelines on Sexual Harassment of Women Workers

The Hon’ble Supreme Court of India, in the case of writ petition No.666-70 of 1992 filed by Vishaka & Ors. Vs. State of Rajasthan & Ors. laid down certain guidelines for the prevention of sexual harassment of women employees in their work places. The Central Ministries/Departments and the State Governments/UTs have been informed of the provisions contained in the Judgement. They have been asked to implement the guidelines laid down in the said judgement.

 

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UNORGANISED LABOUR

p Unorganised workers have been defined by the First National Commission on Labour (1966-69) as those who have not been able to organise themselves in pursuit of common objectives on account of constraints like casual nature of employment, ignorance and illiteracy.

p The data generated by the 1991 Census shows that about 91% of the working population is in the unorganised sector and this workforce is not yet actively unionised. In absolute terms, this would account for 286 million workers.

p Some of these categories and sub-categories of workers include small and marginal farmers, landless agricultural labourers, fishermen, building construction workers, leather workers, handloom workers, weavers, rural craftsmen, salt workers, workers in brick kilns and stone quarries, toddy tappers, head load carriers, loaders and unloaders, drivers of animal driven vehicles, midwives, domestic workers, barbers, vegetable and fruit vendors, newspaper vendors, aggarbatti makers, papad makers, garment makers etc. Among the above classified workers, there are also some workers who are considered to be specially distressed viz. bonded labourers and migrant labourers.

p The Government has taken various initiatives through enactment of legislations, creation of welfare funds, spreading workers’ education and through supporting non-governmental organisations to bring these deprived sections into the mainstream of development.

p Some of the important legislations which help unorganised workers are:

l Workmen’s Compensation Act, 1923.

l Minimum Wages Act, 1948.

l Maternity Benefit Act, 1961.

l Bonded Labour System (Abolition) Act, 1976.

l Contract Labour (Regulation & Abolition) Act, 1970.

l Inter-State Migrant Workmen (RECS) Act, 1979.

l Building and Other Construction Workers (RECS) Act, 1996.

l Beedi and Cigar Workers (RE) Act, 1976.

In the coming years, this vast category of workers would engage the focus of attention of Government.

Welfare Funds

p The concept of welfare funds has evolved over a period of time, out of a desire to provide certain basic facilities to specifically deprived categories of workers, by raising a corpus out of levy of cess on employers for the benefit of workers.

p The Ministry of Labour is currently administering 5 Welfare Funds for beedi workers, cine workers and certain categories of mine workers. These funds have been set up under the following Acts of Parliament:

l   Mica Mines Labour Welfare Fund Act, 1946.

l   Limestone and Dolomite Mines Labour Welfare Fund Act, 1972.

l   Iron Ore, Manganese Ore and Chrome Ore Mines Labour Welfare Fund Act, 1976.

l   Beedi Workers Welfare Fund Act, 1976

l   Cine Workers Welfare Fund Act, 1981.

p These Funds are used for the following purposes:

l   Health care and family welfare

l   Educational facilities including sanction of scholarships for the children of beedi workers/miners

l   Housing

l   Recreational facilities

l   Drinking water supply

p The welfare measures for the above five categories of workers are provided through nine Regional Offices headed by Welfare Commissioners at Hyderabad, Bangalore, Allahabad, Calcutta, Bhilwara, Nagpur, Bhubaneswar, Jabalpur and Karma.

p In addition, Ministry of Labour provides health care facilities through 12 hospitals and over 276 dispensaries located in different parts of the country under the Welfare Funds for beedi, cine and non-coal mine workers.

p It is the constant endeavour of the Government to bring more and more workers under the ambit of Labour Welfare Funds through statutory measures.

 

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EMPLOYMENT AND TRAINING

Background

u Directorate General of Employment & Training (DGE&T) was created in July 1945 for the purpose of resetting demobilized Defence Services Personnel and discharged War Workers in civil life.

u Subsequently, the scope of the Directorate General was extended to cover employment service to all categories of job-seekers in early 1948, and the training services to all civilians in 1950.

u Day to day administration of the Employment Exchanges and Industrial Training Institutes is with the concerned State Government.

Employment Service

u To establish in collaboration with State Governments national policies, standards and procedures to be followed by the States.

u To collect and disseminate information concerning employment/unemployment and prescribe uniform reporting procedures.

Vocational Training

u Craftsmen training in ITIs (CTS) and Apprenticeship Training (as per Apprentice Act, 1961) are the two major schemes. Both these programmes are supervised by national level tripartite bodies.

u Development of training programme at the national level, particularly in the areas concerning common policies, common standards and procedures, including trade testing, certification, research and development in vocational training is the major objective of vocational training.

u Training of crafts instructors, training of foremen/supervisors, preparation of instructional media packages are the areas of major activities of DGE&T.

Statutory & Non-Statutory Provisions

u Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959

u Apprentice Act, 1961

u Central Apprenticeship Council

u National Council for Vocational Training

u Working Group on National Employment Service

Employment and Unemployment Scenario

u Total population as per 1991 Census  846.30 Million

u Total projected population as on 1.3.2000  996.94 Million

u Estimated employment as on 1.7.1997 354.40 Million

u Estimated unemployment as on 1.7.1997 7.40 Million

u Estimated under-employment 21.00 Million

u Number of job seekers registered with Employment Exchanges 40.00 Million

Vocational Training Scenario

u About 6.4 lakh seating capacity is available for imparting Industrial Training in various trades through 4,086 Government and private Industrial Training Institutes, located all over the country. There are 661 ITIs/wings of ITIs exclusively for training of women having an annual capacity of about 44,200. In addition, 11 Central Government Institutions for women located in different regions have about 1,920 seats.

u About 2.32 lakh seats are available for apprenticeship training, out of which only about 1.6 lakh seats are presently utilised.

Rehabilitation of People with Disabi-lities

u 17 Vocational Rehabilitation Centres (VRC) for people with disabilities have been set up by DGE&T in different parts of the country. Ministry of Labour will strive to have a minimum of one VRC in each State/Union Territory to assist people with disabilities, and also strengthen the existing VRCs by providing Skill Training Workshops and making them barrier-free.

Issues Relating to Employment

u DGE&T co-ordinates and monitors the employment generation taking place in the economy. It, however, does not have a say in factors which stimulate or inhibit employment growth.

u 8 to 9 per cent of the total employed are in the organised sector while the unorganised sector dominates the employment scenario. There is an increase in the incidence of casual employment and reduction in percentage of self-employment and of wage employment.

u Growth of regular salaried employment for the youth in organised manufacturing sector, in any significant manner, may not be feasible. Therefore, self-employment and flexible training for multiple skills have to be encouraged in a big way for economic rehabilitation of the unemployed youth.

u One of the consequences of globalisation and increased competition is the shedding of workers, particularly from the manufacturing sector. The work opportunities for rationalised, retrenched and displaced workers have to be mainly identified in unorganised and informal economic sector.

u Employment Exchanges have to be more pro-active in relation to private sector and the needs of small scale industry.

u Shift in emphasis of Employment Exchanges will take place from placement to vocational guidance and counselling.

Issues Relating to Vocational Training

u Vocational Skill Training Policy to be formulated and National Vocational Skill Training System to be restructured.

u Apprenticeship training is to be encouraged further and feasibility of amending Apprentices Act, 1961 to be examined to enhance its relevance and functioning in the context of current industrial requirements.

u Participation of women in vocational skill training has to be promoted.

u National Renewal Fund (NRF) is being administered by Department of Industrial Development; DGE&T is one of the nodal agencies of that department for imparting counselling, retraining and redeployment.

l Several difficulties are being encountered on this front like inadequacy of training period and grant, training being imparted in an environment different from the factory environ-ment, advanced age of the rationalised workers etc.

l Retraining of workers who are getting rationalised, retrenched and displaced from the organised sector should aim at improving income levels/competitive-ness and also improving quality of employment. Due to shrinkage of employment in the organised sector, parti-cularly manufacturing, self-employment opportunities in informal sector will have to be made available. This implies acquisition of soft skills (entrepreneur-ship, attitude, behavioural skills) as also technical and marketing skills.

l Retraining will require expertise and resources of Ministry of Labour, emp-loyment agencies, NGOs as also the industry.

u Benchmarking of skills and competencies of workers to be periodically benchmarked, preferably by respective bodies of Industry and Commerce.

u Promotion of multiple skills development and service sector oriented-training.

 

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LABOUR INFORMATICS

u   NIC - MOL Computer Centre was set up in 1985 in Shram Shakti Bhawan with computer systems, peripherals, a Senior Systems Analyst and two Programme Assistants allocated to newly created Labour Information Systems Division (LISD) by National Informatics Centre (NIC) to create computer awareness and develop Informatics in labour sector. Ministry of Labour (MOL) provided infrastructure support and office services.

u   Integrated Labour Information System (ILIS) was conceptually designed in closely related seven segments as total system providing MIS through computerisation of MOL and its offices/organisations for their operational needs feeding ILIS data banks at field offices, State and National Headquarters through NICNET.

u    LISD/NIC has been playing a catalytic role in bringing IT culture in Labour Sector. Presently headed by a Senior Technical Director from NIC Headquarters, LISD has a dedicated team of one Technical Director, one Principal Systems Analyst, two Systems Analysts and five Programmers. From initial resistance to use computers, almost all the sections in the main Ministry, field offices and organisations are using computers at present to increase their efficiency and overcome the limitations/difficulties faced in totally manual system. LISD is supporting the efforts with the help of NIC Headquarter support groups, NIC state units and district centres in the field.

Services and Infrastructure being Provided for Labour Sector at MOL Shram Shakti Bhawan

n NIC-MOL Computer Centre and Local Area Network providing over 200 terminal connectivity to sections and officers.

n Consultancy and Advice on IT matters referred to LISD/NIC.

n In-house training to officers and staff.

n E-mail and Internet Services.

n Ministry of Labour Home Page

n Application Systems design and development for identified areas under ILIS segments.

        The application systems developed and currently in use are as follows:

Industrial Relations Segment

n Industrial unrest monitoring system.

n Retrenchment, lay off and Closure decisions support system.

n Failure of Conciliation (FOC) information system.

n Central trade union membership verification system (CLC[C]) office.

n Labour laws enforcement monitoring system (CLC[C]) office.

n Industrial disputes monitoring system (CLC[C]) office.

Special Labour Group

n Enforcement of child labour laws monitoring.

Co-ordination and House Keeping Segment

n Recruiting Agents information system.

n IMPROVE and CONTACT application packages developed by NIC/CGA (Controller of Accounts office).

n Pay processing and other generalised packages.

Social Security Segment

Employees Provident Fund (ROs/SROs/SAOs)

n Computerised Accounts Preparing System (CAPS/CAMPS/CAMPS 95) (Subscriber Accounts lip, On-line accounts information, Archiving, MIS reports).

n Computerised Receipt Accounting System (CRAS).

n Computerised Payments Accounting System (CPAS). (Receipt and Payment side of cash books, classified summary, monitoring reports).

n Computerised Employees’ Pension System

l Main modules: Members and Pensioners profile; Pension Fund and non-contributory period; PPO preparation; Bank accounts reconciliation; MIS reports; Controls and audit).

l The main problems being faced are: data errors; incomplete database of establishments, subscribers; posting of untrained staff; defaults in the following procedures.

l Emphasis on careful selection of functionaries operating
servers, their training and retraining; making the changes in bunch, in the system only once or twice in the year to minimise release of fresh versions is recommended to overcome problems related to multiple versions and faulty operations.

l A strong need is felt to chalk out the future plan keeping in view the technological developments and forecasting, the legacy systems, smooth transition, cost effective solutions meeting the objectives speedily, very high obsolescence rate of hardware and software tools and vendors hype.

Employees’ State Insurance Corporation (13 Regional and Sub Regional Offices)

n Computerised Registration of Insured Persons (CRIPS)

(Creates and maintains Insured Person (IP) database).

n Exit Re-entry of Insured Persons (ERIP)

(Maintains and generates lists of medical and cash benefit status of IP).

Employees State Insurance Corporation (Head Quarters)

n Actuarial Information System

(Special valuation and PDB/DB statistics)

Medical Rate Contract Processing System

ESI Medical Stores Basaidarapur

n Medical Stores Inventory Management System (MEDSIM)

(Expiry date, reorder level, receipt and issue, local purchase, substandard drugs, vendor rating, procurement planning).

ESI Dispensary, NIA Karampura:

n OPD Registration and statistics maintenance system.

Employment and Manpower Segment

Directorate General of Employment and Training

n Employment Exchange Computerisation

(NIC State Units assisting State Governments on request)

Systems under development testing and implementation

n   Central Employment Exchange computerisation

(Vacancy booking, Advertisement management, Submission, Ex-Servicemen, Surplus Group D Registration and submission).

National Vocational Training Scheme MIS Core Modules

n   Apprenticeship management

n   Curriculum Management

n   Affiliation

n   Certification

n   Progress monitoring for women’s occupational training.

CLC(C), DGFASLI, DGMS and Labour Bureau have also made good progress in computerisation. The infrastructure has been created in a modest way and is being used for in house activity as also for operating the self-developed applications. Labour Bureau and VVGNLI have already created their web sites.

 

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WORKERS’ EDUCATION, RESEARCH AND TRAINING

The V.V. Giri National Labour Institute and the Central Board for Workers Education are actively engaged in the task of workers’ education, research including action research and training.

V.V. GIRI NATIONAL LABOUR INSTITUTE

v The V.V. Giri National Labour Institute, an autonomous body of the Ministry of Labour, set up in July, 1974 is a premier Institute of Labour Research, Training and Education.

v Since its inception the Institute has endeavoured through research, training and publications to reach all the concerned sections on various aspects of labour both in the organised and unorganised sectors. The focus of such endeavours has been on the transfer of academic insight and understanding related to all the aspects of labour for application to policy formulation, legislation and action to ensure a just and better place for labour in an egalitarian and democratic society.

v Research occupies a primary place in the activities of the Institute. The subject of research comprises a broad spectrum of labour related issues and problems, in both the organised and the unorganised sectors. The Institute continues to place greater emphasis on the problems and issues of labour in unorganised sectors in general and the more disadvantaged among these such as child labour, women labour and rural labour, in particular.

v Action research is a thrust area of research activities. The Institute undertakes such research projects in rural areas to study problems of rural workers, understand and analyse them, examine and explore possible ways, means and methods to organise rural labourers. The Institute has pioneered an education-cum-motivation programme, popularly known as Rural Labour Camps for conscienti-sation and empowerment of the rural labour. Over the years, this experiment has been carried out with the objective of enhancing the capability of the rural workers so that they are able to effectively participate in the development process.

v The Institute offers education and training to Labour Administrators and officials of the Central and State Governments, Managers and Officers of the Public and Private Organisations, Trade Union Leaders and Organisers of the Organised and Unorganised Sectors and Researchers, Trainers, field workers and others concerned with labour issues.

v As the Staff College of the Ministry of Labour, the Institute organises training programmes to strengthen the labour administration machinery, both at the central and the state levels.

v The Institute is also actively involved in research and training in the area of child labour. The National Resource Centre on Child Labour (NRCCL) has been established at the Institute with the objective of developing the capabilities of individuals, groups and organisations working towards the elimination of the problems of child labour.

v The Institute has initiated an Integrated Labour History Research Programme, which focuses, inter alia, on integrating and initiating research on labour history and is perhaps the first of its kind in the country. Setting up of an Archives of Indian Labour, is at the core of the Programme.

v The Institute is collaborating with IGNOU in launching a ‘Certificate Course on Labour in Development’. The main objective of this Course is to create awareness of various labour related themes and educational empowerment of labourers in general and unorganised sector labourers in particular.

v The Institute has taken a number of steps to institutionalise the networking mechanisms with UN agencies, State Labour Institutes, Central Board for Workers’ Education, Labour Bureau and other institutions with similar objectives in the field of both training and or research.

v The Institute has been selected as the nodal Institute for the Technical Resource Group (TRG) on Prevention of HIV/AIDS at the Workplace. The TRG has been constituted to provide the needed guidance in the formulation of pragmatic future strategy for the Prevention of HIV/AIDS at the Workplace.

v The Institute brings out three regular publications namely Labour & Development, Awards Digest and Shram Jagat.

v The Institute has brought out a large number of publications in the area of unorganised labour, especially rural labour, child labour, women labour, migrant labour, etc. in order to provide appropriate information on the labour issues in these segments to all the concerned social partners. The Institute has also brought out innovative publications in the form of Desk Calendars, Year Planners, etc. to disseminate vital information on labour related issues especially on Supreme Court Pronouncements on Labour.

v The N.R. De Resource Centre on Labour Information, the Institute’s Library, is one of most reputed libraries in the area of labour studies. It receives about 300 national and international journals and has about 50,000 books and bound volume of journals.

v The Institute is working on a collaboration with the International Training Centre of ILO in Turin to develop the Institute as a Training Centre for South-East Asia.

Location

v   Sector-24, NOIDA-201 301, Distt.-Gautam Budh Nagar (U.P.)

Central Board for Workers’ Education

Mandate and Objectives

v The Central Board for Workers’ Education, an autonomous body under the Ministry of Labour, was set up in 1958. The Board is headed by a Chairman appointed by the Government of India and is tripartite in character.

v The Headquarter of the Board is at Nagpur. It has a network of 4 Zonal Directorates, 49 Regional Centres and 14 Sub-Regional Centres.

v The Board undertakes Workers’ Education Programmes with a view to promote effective participation of the working class in the process of socio-economic development.

v The Indian Institute of Workers’ Education at Mumbai, which conducts national level training programmes for Central Trade Union Organisations and officers of the Board is the apex training institute of the Board.

Activities

v The Board conducts various training programmes at national, regional and unit levels covering workers from organised, unorganised, rural and informal sectors. Supervisory and managerial cadres are also covered through joint educational programmes.

v The Board produces study and reference material in Indian languages and also brings out monthly newsletters in English and Hindi and publishes a quarterly journal containing articles on trade unionism, labour laws, industrial relations, methods of workers’ education etc.

Perspective for the New Millennium

v A review of the scheme of Rural Labour Camps has been taken up to make it more meaningful and effective.

v The Board is giving importance to areas of training relating to productivity, qualitative aspects and work culture.

v More need-based programmes to meet the requirements of both management and workers are conducted.

v The Board has conducted 4 Zonal Conferences on the topic "Workers’ Education in the Next Decade" and the recommendations of these conferences are under consideration of the Board.

 

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LABOUR STATISTICS

v Labour Bureau is an apex organisation for collection, compilation, analysis and dissemination of statistics and related information on different facets of labour, such as wages, earnings, productivity, absenteeism, labour turnover, industrial relations etc. for policy formulation, evaluation and research. Two main wings of the Bureau are located at Chandigarh and Shimla, with 4 Regional Offices and one Sub-regional office.

v The Bureau brings out Consumer Price Indices for Industrial Workers (CPI-IW) and agricultural/ rural labourers on monthly basis, mainly the industrial workers and agricultural labourers. CPI-IW is used by the Government and PSUs for fixing/revising DA of employees.

v The Bureau also brings out retail price indices for essential commodities, productivity indices and wage rate indices.

v The Bureau receives statutory returns under the provisions of various labour enactments and information available in these returns are compiled.

v The Labour Bureau conducts a number of field surveys relating to labour conditions, unorganised sector, socio-economic conditions of workers etc.

v NICNET connectivity has been made available, which will facilitate transmission of data at a fast pace and thereby result in increase in the efficiency and productivity of the Bureau.

v A new Family Living Survey for updating the present base year of 1982 for the Consumer Price Index for Industrial Workers is being conducted by the Bureau in collaboration with National Sample Survey Organisation. This will form the basis for revising the series to a new base.

 

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VENTILATION AND REDRESSAL OF GRIEVANCES

v Three important offices which are dealing with public are:

l The Employees’ Provident Fund Organisation.

l The Employees’ State Insurance Corporation.

l Office of Protector General of Emigrants/ Protector of Emigrants.

v In the Employees’ Provident Fund Organisation:

l The grievances generally relate to settlement of provident fund claims, grant of pension/family/dependent pension, grant of advances, transfer of provident fund to other office, issue of annual statement of accounts etc.

l There are Public Relation Officers available at the Reception Counters in all Regional/Sub-Regional/Sub-Account Offices on all working days of week to handle the grievances of EPF subscribers/their dependants.

l The Regional Provident Fund Commissioners and Officers in-charge of Sub-Regional/Sub-Account Offices are available in-person without any appointment to the members of the fund for redressal of their grievances on all working days from 11.00 A.M. to 11.30 A.M. and 3.00 PM to 3.30 PM.

l Every Friday (10.00 AM to 1.00 PM) is a Weekly Grievance Redressal Day.

l Grievances received in the Ministry and in the Central Office of PF Organisation are forwarded to the concerned Regional Provident Fund Commissioner for immediate redressal.

l Grievance handling is undertaken in the EPF Offices by way of computer supported software and manual handling depending on the functional level of computerisation; each complaint/grievance is required to be entered and acknowledged.

l With a view to ensure the right to information, the Public Facilitation Centres have been set up in the offices of the EPF Organisation.

l Lok Adalats are organised on 10th of every month in all offices.

v In the Employees’ State Insurance Corporation:

l The Regional Directors hold Open House Meetings with the ESI beneficiaries and employers, at least once a month to look into the general problems faced by them.

l Shikayat Adalats are held from time to time for an on-the-spot settlement of claims from employees and employers.

l One officer in each region has been nominated as Public Grievance Officer.

l The grievances received in the Ministry and the headquarters of ESI Corporation are passed on to the Director concerned for immediate redressal; the grievances are continuously monitored.

v In the Office of Protector General of Emigrants:

l The grievances relate to over-charging of fee, repatriation of workers without getting any work, workers getting stranded in the foreign countries and foreign employers not adhering to the terms and conditions of employment which were initially offered through the local recruiting agent.

l The Protector General of Emigrants holds public hearings on every working Tuesday and Friday and after hearing the complainants and recruiting agents, takes appropriate decision; majority of the complaints are settled the same day.

l In the event of the agents not complying with the directions of the Protector General of Emigrants, immediate action is taken for suspension/cancellation of their certificate.

l All the Protectors of Emigrants also hold public hearings on every working Tuesday and Friday in their offices.

v The other offices under the administrative control of the Ministry have also been directed to ventilate and redress the grievances of their own employees and members of public who come into contact with them, in the shortest possible time. They have been also directed to provide a complaint box wherein the persons having the grievance can put their grievance in writing.

 

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INDIA AND THE ILO

u India is a founder member of the International Labour Organisation (ILO). The Constitution of the ILO aims at universal and lasting peace based on social justice. The ILO is considered as one of the specialised agencies under the United Nations (UN) system. The organisation, however, has a unique character because of its tripartite composition. At every level in the Organisation, governments are associated with social partners i.e. workers and employers.

u Government of India holds a permanent seat in the Governing Body of the ILO, as one of the 10 countries of chief industrial importance. India has been regularly attending the Sessions of the International Labour Conference (ILC) since its establishment in 1919.

u The most important activity of the ILC is to set international standards in the form of ILO Conventions and Recommendations. The ILO Conventions are open to ratification by Member States whereas Recommendations are in the form of guidelines to Member States for incorporating them in policies and programmes. India has already ratified 38 ILO Conventions so far. The track record of India in this respect is better than many other member countries both within the region and outside.

u India has so far ratified 3 out of 8 ILO Core Conventions. The ratified Conventions are No.29 concerning Forced Labour, No.100 concerning Equal Remuneration and No.111 concerning Discrimination in Employment and Occupation. We are also in the process of completing the ratification formalities in respect of Convention No.105 concerning Abolition of Forced Labour.

u The active involvement of the Government Delegation in coordination with other developing countries resulted in the ILC unanimously adopting the ILO Convention No. 182, as well as the Recommendation No.190 concerning Prohibition and Immediate Action for Elimination of the Worst Forms of Child Labour. Tripartite consultation and inter-departmental consultations with a view to ratify the above Convention are in progress.

u Convention No. 138 concerning Minimum Age for Admission to Employment and Work could not be ratified by India so far because there was no omnibus provision in our laws and regulations fixing a minimum age for admission to employment and work. The Government is considering enacting a Central legislation fixing a minimum age of entry for employment and work which will not be less than 14 years of age. Considering the size of the unorganised and informal sector in the country, there will be initial difficulties in enforcing and achieving full compliance with the proposed legislation. Ratification of the Minimum Age Convention No. 138 would be considered when it is realised that we have achieved satisfactory compliance of the proposed legislation.

u The guarantees provided for workers under ILO Convention No. 87 concerning Freedom of Association and Protection of Right to Organise and No. 98 concerning Right to Organise and Collective Bargaining are available by and large to all workers in the country through Constitutional provisions, laws and regulations. However, it has not been possible for India to ratify these two Conventions because of a technical problem relating to trade union rights of the government employees. The constitutionality and reasonableness of the restriction imposed on government servants have been upheld by the Courts in India and as such it would be difficult to ratify these two Conventions at this stage.

u India subscribes to the principles enshrined in the ILO Constitution, Philadelphia Declaration and the recently adopted ILO Declaration on Fundamental Principles and Rights at Work. The Government is also of the view that labour standards should be promoted through national laws and regulations and by pursuing appropriate economic and social policies. The government always pursues and achieves its objectives of enlisting the support of the social partners for its policy of opposing any attempt to link labour standards and trade and try to establish a social clause mechanism.

u Mr. Juan Somavia, Director General, ILO in his first Report to the International Labour Conference in June, 1999 has espoused the cause of "Decent Work" by promoting four objectives, i.e. (1) promotion and realisation of fundamental principles and rights at work; (2) creation of greater opportunities for women and men to secure decent employment and income; (3) enhancing the coverage and effectiveness of social protection for all; and (4) strengthening tripartism and social dialogue. The Government of India has supported the strategic objective approach of new DG.

v v v

 

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Annexure

DETAILS OF COMMITTEES/BOARDS UNDER   THE MINISTRY OF LABOUR

 

Sl.No.     Name of Committee/Board            Chairman              Remarks

1. Central Advisory Committee on Beedi Workers Welfare Fund

2. Central Advisory Committee on Limestone and Dolamite Mines Welfare Fund                                                                          Labour Minister     Statutory

3. Central Advisory Committee on Iron Ore Mines, Manganese Ore Mines and Chrome Ore Mines Welfare Fund

4. Central Advisory Committee on Cine Workers Welfare Fund

5. Central Advisory Board on Mica Mines Labour Welfare Fund

6. Central Advisory Contract Labour Board

7. Indian Labour Conference (ILC) Tripartite Bodies at National level.

8. Standing Labour Conference Tripartite (SLC) Bodies at National level.

9. Employees State Insurance Corp. Labour Minister Statutory

10. Central Board of Trustees of Employees Provident Fund

11. General Council - V.V. Giri Conducts research etc. in National Labour Institute Labour Minister labour and related

(VVGNLI) matters

12. National Authority for For elimination of Elimination of Child Labour child labour

13. Central Advisory Committee Looks into avenues for under Equal Remuneration Act, employment of women labour 1976 and enforcement of the ER Act.

14. Hindi Salahkar Samiti Set up under guidelines from MHA.

15. Central Advisory Board under Section 8 of the Minimum Wages Act, 1948

16. National Committee on Safety (Non-Statutory) Reviews the working of various safety laws.

17. Central Apprenticeship Council Labour Minister Statutory

18. National Council for Vocational Only apex tripartite body at Training national level in training matters

19. Special Committee for NTC turn around plan yet to be Consultation of NTC matter sanctioned by BIFR

20. Committee for Reviewing Implementation of Decisions of ILC

21. Committee on Conventions Set up under Convention 144 of ILO

22. Tripartite Committee on It has been decided to continue Employees’ Participation in the Committee with approval

Management of Labour Minister

23. Standing Committee of ESIC Labour Secretary Statutory

24. Executive Committee of Employees Provident Fund and Labour Secretary Statutory Misc. Provisions Act 1952

25. Science and Technology Non-Statutory Advisory

Advisory Committee Committee

26. Central Board for Workers To maintain tripartite character Education (CBWE) of CBWE

27. Medical Benefit Council of ESIC

28. Tripartite Committee under Section 12 of the Mines Act, 1952

29. Board of Mining Examinations (Coal)

30. Board of Mining Examination under Metalliferous Mines Regulations

31. Committee of Direction for the Central Institute for Research &Training in Employment Service (CIRTES)

32. Wage Board for Working Journalists

33. Wage Board for Non-Journalist Newspaper Employees and News Agency Employees

34. Standing Committee on Verification of Membership of Advisory Committee on Trade Union CLC(C) verification (Bi-partite)

35. Dock Workers (Safety, Health & Welfare) Committee

36 Minimum Wages Advisory

Board under Section 7 of the Sh. Sambhashivarao Statutory

Minimum Wages Act, 1949.

 

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Ministry of Labour - Important Telephone Numbers

I. Main Secretariat

1. Labour Minister 3717515, 3710240

2. Minister of State 3325635, 3731997

3. Secretary 3710265

4. Additional Secretary 3710239

5. Labour and Employment Adviser

(Wages, Bonus and Coord.) 3719054

6. Joint Secretary (Industrial Safety & Health,Social Security, Emigration) 3714820

7. Joint Secretary (Child and Women Labour, House Keeping) 3710178

8. Joint Secretary (Industrial Relations) 3710208

9. Director General, Labour Welfare 3383684

10. Financial Adviser 3711595

II. Attached Offices

1. Chief Labour Commissioner (Central) 3710447

2. Director General, Employment and Training 3710446

3. Director General, Labour Bureau, Chandigarh 0172-704611

4. Director General, Factory Advice Service and Labour Institutes, Mumbai 022-4074358

III. Autonomous Organisations

1. Director, Central Board for Workers’ Education, Nagpur 0712-233313

2. Director General, Employees’ State Insurance 3235391

Corporation, New Delhi

3. Commissioner, Employees’ Provident Fund Organisation,

New Delhi 6172659

4. Director, V.V. Giri National Labour Institute, NOIDA 91-4532969

IV. Subordinate Offices

1. Director General, Mines Safety, Dhanbad 0326-206700

2. Chairman, Board of Arbitration, New Delhi 3314084

3. Presiding Officer, CGIT-cum-Labour Court

a Asansol —

b Chandigarh —

c No. 1, Mumbai 022-5235796

d No. 2, Mumbai 022-5235796

e Calcutta 033-2482482

f No. 1, Dhanbad 0326-202447

g No. 2, Dhanbad 0326-203519

h Jabalpur 0761-423115

i Kanpur 0512-218642

j New Delhi 011-6189348

k Jaipur 0141-215384

l Nagpur —

m Lucknow —

n Bangalore —

o Chennai —

p Bhubaneshwar —

q Hyderabad —

4. Welfare Commissioners

a Allahabad 0532-448954

b Bangalore 080-2257491

c Bhilwara 01482-26271, 26917

d Bhubaneshwar 0674-530139, 425187

e Calcutta 033-4668176

f Hyderabad 040-4651235, 4658026

g Jabalpur 0761-316795

h Bihar 06534-22482

i Nagpur 0712-522474, 524200

 

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