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SECOND NATIONAL COMMISSION ON LABOUR
 
2nd & 3rd floor, NATRSS Building,
30-31, Institutional Area, Opp. ‘D’ Block,
Janakpuri, NEW DELHI - 110 058
Telefax: 5617916, 5617911, 5617902, 5617904
QUESTIONNAIRE
PART-I (ORGANISED SECTOR)

RECRUITMENT & INDUCTION
      Recruitment
        Induction
CONDITIONS OF WORK
        Working Conditions
        Safety and Health
TRADE UNIONS & EMPLOYERS’ ORGANISATIONS
        Federations of Employers’ and Workers’ Organisations
        Trade Unions – Constitution and Finance
        Trade Union Leadership and multiplicity
        Trade Union Recognition
INDUSTRIAL RELATIONS
 Introductory
        Collective Bargaining
        Joint Consultation
        Conciliation
        Adjudication
        Voluntary Arbitration
        Strikes and Lockouts
        General
WAGES
        Introductory
        Minimum Wage
        Dearness Allowance
        Fringe Benefits
        Wage Differentials
        Methods of Wage Fixation
        Wage Policy
        Mode of Wage Payment
        General
INCENTIVE SCHEMES AND PRODUCTIVITY
SOCIAL SECURITY
LABOUR LEGISLATION
ECONOMIC REFORMS AND SOCIAL SAFETY NETS
LABOUR RESEARCH AND INFORMATION
ANNEXURE


 
RECRUITMENT & INDUCTION
 
Recruitment Home Top
1. How is labour recruited in industrial establishments of different categories like :

(i) Private sector -
a) Companies -
i) Large scale? ii) Medium scale? Small scale?

b) Cooperative societies

Private/Public Trusts Firms Proprietory concerns

(ii)) Public sector - a) Companies

b) Cooperative Societies

(iii) Export processing zones?

(iv) Industrial Districts

(v) Very Small Establishments in informal sector?

Indicate your satisfaction level against system of recruitment in each category?

2.(i) Is there a mismatch between demand for particular skills in industries which are emerging of late as well as likelihood of such mismatch persisting in the short to medium term ? If so, what steps should be taken to address the issue ?

(ii) Whether at the time of recruitment aptitudinal test is taken?

(iii) Whether the present system of allotment of work takes into account the aptitude of the labour? If not, what measures do you propose so that the worker is given the work of his aptitude?

3. Will skill upgradation improve supplies in different categories of labour? If so, what should be the remedial measures ?

4. In what categories of industrial establishments are migration and reverse migration prevalent? What problems do it pose in recruitment and retention and how could these be overcome?

5.(i) Whether recruitment of permanent employees is directly connected with financial problems? What do you feel?

(ii) How do the existing statutory provisions in regard to employment of women affect recruitment of women labour? Consistent with international conventions on conditions of work for women, what modifications would be necessary in the existing provisions for promoting employment of women ?

6. In the context of structural adjustments and changing production processes in the economy, to what extent is casualisation/informalisation of labour is a) justified, and b) unjustified ? what steps should be taken to safeguard the interests of the justified categories of casual labour?

7. What measures would you suggest to improve the scope of employment for physically handicapped in (a) wage employment and (b) self – employment?

8 In establishments within your knowledge, is there any discrimination in the matter of recruitment on the grounds of caste, community, region, language, etc.? Is such discrimination a) justified and b) unjustified ?

9. Do you think trade unions be represented in the bodies providing labour recruitment?

10. What sort of employment formalities, appointment order, confirmation order, probation order etc. do you propose? Do you want it to be obligatory?

11. What is your opinion about the present workers education scheme of Government of India and the various types of training programmes that are organized under the banner of Workers Education Training scheme? Is the scheme of any use to the workers under your management? What changes would you like to suggest in the present training programmes? Do you find them useful?

12. The aim of the workers education scheme is to turn out good and responsible citizens. Has the object been served by these training programmes?

13. A number of workers training programmes are conducted in the establishment and some are conducted outside the establishment. Which aspects, according to you, are not considered by the scheme? Whether the present system of conducting the programmes inside the establishment has served any purpose?
 
 
 
Induction Home Top
14. Are the existing programmes for ‘on the job’ training for workers adequate? What are the directions in which improvement should be sought, particularly in the context of newly emerging technological changes ?

15. What steps should be taken to encourage an employee to avail of the facilities outside the place of work for improving his skill ? Is there any system of granting study leave to the employees in your establishment ? If yes, please give the details.

16. (a) What should be the outline of a rational promotion policy ? what place would you assign in this policy to seniority, merit and trade test ?

(b) Should recruitments to positions at higher levels be made from among the existing employees only? If so, upto what level?

17. Industrial enterprises require casual and temporary workers on large scale. Do you suggest any change in the present legal provisions about the recruitment of casual and temporary workers? In which situation can one allow casual and temporary labour employment? How long should casual and temporary workers be continued? Should we provide a priority to such casual workers while filling up permanent posts?

18. At present there is no law which lays down conditions for the probationers, apprentices and trainees. Do you feel that legal provisions are necessary for such category of probationers and trainees such as their recruitment, their duration, provisions regarding specific training etc.?

19. For promoting a worker to higher posts, what considerations should be laid down? Should his suitability to higher post be based on criteria such as personal behaviour, past performance, attendance, etc.? How far are these important in evaluating ones past performance?

20. Do you think that present technical training institutes need any change and the curriculum updated?

21. Can you propose any technical courses to be included?

22. Do you think it is the function of industrial establishments to run educational institutes to update workers as per their requirements? If yes,

Should that function be voluntary? Should that function be made obligatory? Can you suggest the size and status for the industrial establishments wherein the function is to be made obligatory?

23. Do you think that Human Resource Development is being practiced by the industrial establishments? Do you wish it to be made obligatory? If so,

what measures would you propose:

a) In house training.

b) By allowing special leave or relaxation in shifts or hours of working for those desirous to get training outside.

c) Monetary assistance for training.

24. Regarding employment of women and disabled,.

a) are you satisfied with present mode of employment of women for

work?

b) are they discriminated?

c) do they need special facilities?

what measures do you propose to do justice to working and

employment of women ?

what statutory measure do you propose to help employment of disabled

workers? 

Home Top
 
CONDITIONS OF WORK
 
Working Conditions Home Top
1. (a) Conditions of work in factories, mines and plantations, etc. are presently regulated by the Factories Act, 1948, the Plantations Labour Act, 1951 and the Mines Act, 1952 etc. The main provisions of such Acts, inter-alia, relate to (i) safety and welfare, (ii) hours of work, rest interval, weekly off, etc., (iii) employment of young persons and women, (iv) annual leave with wages, (v) occupational diseases and (vi) overtime payment. What changes are necessary in these provisions ? How should the implementation of these Acts be improved ?

(b) What other steps are needed to ensure proper working conditions ?

2. (i) In the matter of national and festival holidays, what is the extent of difference in the total number of holidays from region to region ? Is this difference justified? If not, is it possible to bring about uniformity in the total number of holidays in different regions ?

(ii) Do you propose rationalization and/or uniform policy of leave all over the country irrespective of size and structure of industrial establishment?

3. What changes are necessary in the existing arrangements for regulating conditions of work other than in factories, mines and plantations?

4. Does the worker find job satisfaction? If no, what are the reasons and how to remedy them?

5. During work do you undergo physical and mental strain? What do you propose for being free from strain?

6. Work is said to be worship and worship cannot be under strain or duress. Then why and how do we propose to create an atmosphere free from strain and which is pleasant and enables better performance?

7. (i) Does your organization have canteen facility? Is canteen service subsidized? If not, what do you propose? Do you propose cash subsidy instead of subsidized canteen facilities?

(ii) Canteen facility has often become a source of discontent. Why? Can it be made a bridge to build a pool of affinity between labour and management? What measures do you propose for such a change?

8. Do you face problems while at work? (Working problems)

a) Can you freely seek the solutions?

b) Is there no authority to solve such problem?

In case none is to hear and redress, what do you do? Do you raise false problems at work? Do you put in a fair day’s work? That is do you feel happy about your performance?

9. What , in your knowledge, is the extent of prevalence of employment of child labour? In what industries /activities is employment of child labour relatively high? Are you satisfied with the existing statutory provisions about employment of child labour and their implementation ?

10. How have the existing arrangements regarding regulating the conditions of work of contract labour and labour employed by contractors worked? In what directions are improvements necessary?

11 . What are the statutory benefits/ provisions, in the implementation of which trade unions and employers’ organisations can jointly play a useful role ? How should such arrangements be made effective at the plant level ? Should there be any standing arrangement for this purpose ?

12. The present laws do not prescribe any conditions regarding flexible working hours. How can this system be introduced?

13. With the introduction of computers, internet, modern etc. , the conditions of work are changing very fast. One can now sit in his home and work for the office. The idea of virtual office being operated from home is likely to come into practice. What conditions can one prescribe and how this virtual office can be regulated? Should we have any new legislation or provisions in the existing legislations governing the conditions of work in such cases?

14. Many companies would like to introduce 5-days week but the present laws create problems for them, because one can not ask workers to work more than one hour extra every day. How can this be introduced?

 
 
Safety and Health  Home Top
15 . Is the existing rate of accidents high in establishments within your knowledge ? What have been the main causes of such accidents ?

16 . (i) What steps should be taken to establish training programmes with special emphasis for safety for the benefit of new entrants to industrial establishments ? Are any refresher course necessary for those who are already in employment ? How should such courses be organised ?

(ii) In your organization, does the management impart training for handling hazardous operations to every worker?

17. ‘Safety standards’ in some industries have been evolved by bipartite agreements. How have these agreements worked in practice ? How can this bipartite approach be extended to other industries? How should the agreed arrangements be made effective at the plant level ?

18. (i) What steps should be taken to arouse safety consciousness among workers and employers, particularly in industries like chemicals, petro-chemicals etc. ?

(ii) Do the chemicals used carry specific instructions relating to safety?

19 Against the backdrop of expanding industry and advancing technology involving a faster tempo of production, how should provisions containing industrial safety (Annexure I) in the Factories Act, 1948, the Mines Act, 1952 etc., be amended ?

20. Is the supply of safety equipment to workers for their personal use like gloves, shoes, spectacles, helmets, aprons, etc. adequate? Is there any reluctance on the part of workers to use such equipment ? If so, what measures would you suggest to overcome this reluctance ?

21. In your organization, does the management display in legible writings the dangers, risks, hazards etc. of work? Does the work place have safety exit provisions?

22. In your organization, are only trained workman engaged to handle risky, dangerous, accident-prone operations? Is a technically qualified man also present always when hazardous operations are undertaken in shops?

23. In case of work-related accident and hospitalization, the workman is paid full wages and total expenditure of treatment including medicines. Are the nutritional requirement and incidental costs also borne by the management which employs the workman?

24. In case of loss of a limb or capability to perform the same task, is the workman continued in service with suitable work without loss of his income?

25. Does workman’s compensation as prescribed needs total reorientation?

26. How has the present industrial policy adopted since June 1991, affected the employment conditions of the workers?

27. Are there instances of misuse of statutory provisions of inspections and reporting by the concerned authorities/Government machinery affecting production and productivity? How can this be prevented? Can fixed periods of inspections be laid down?

28. At the moment, the officers from the department of Safety and Health do mainly policing work. If the law is not observed by the employers, punitive action is taken against them. Do you think that these offices should give more emphasis on the positive aspects of implementing various conditions regarding safety and health such as conducting training programmes, providing guidance, making useful suggestions, designing proper equipment, suggesting a proper layout etc.?

29. (i) What are your suggestion regarding training in Health and Safety by establishments not covered by Factories Act and/or Shops and Establishment Act? What are your views about working condition in these establishments? How Safety and health aspects can be introduced in them?

(ii) Provisions regarding Occupations Hazard in establishments other than Factories appear to be inadequate. Is it necessary that industries like software, building construction, motor transport, atomic energy etc. be provided with necessary provisions?

30. Do you think that the chemicals whose production has already been disallowed by developed countries cause harm to ecology as well as disaster? Do you think that such products be prohibited from being produced in our country?

 

31. The Bhopal Gas Tragedy of 1984 brought to the fore a new aspect of industrial accidents. That is, that these not only affect the workmen of the Factory but the people living in the vicinity too. The Bhopal Gas tragedy took toll of only a couple of workmen while over two thousand people died, and lakhs were affected and permanently crippled. Do you feel that this demands a through review of the existing industrial safety, accident and health provisions? If yes, give details. 

Home Top
 
TRADE UNIONS & EMPLOYERS’ ORGANISATIONS
 
Federations of Employers’ and Workers’ Organisations Home Top
1. Which are the factors which have contributed, a) positively and b) negatively, to the development and organizational pattern of trade unions/ employers’ organisations, during the last thirty years ?

What do you consider as the main function of a trade union?

a) A mission to organize labour for securing fair and just service conditions within the bounds of national/industrial/international/family well being? Give reasons for disagreement, if any, and propose alternative.

b) Do the trade unions normally include in their demands items which benefit their members in general in improving their living conditions, such as cooperative housing, consumer cooperatives, common good funds for social purposes such as education and social health for the poor? Trade Unions having such activities may narrate their experiences briefly.

Do you consider employers organizations as possessing special qualities of leadership role in furthering the cause of creation of national wealth and healthy social relations? If no, please express your views on that.

4. What have been, a) favourable and b) unfavourable, effects of legislative provisions on the growth of trade unions/ employers’ organisations ?

Do you think that the modus operandi of trade unions/ employers’ organisations have changed during the last decade ? If so, what are the characteristics of this change ? In olden times, there existed family industries/family type relationship in each industry/unit. Do you envisage that such a pattern of relations could be developed in industrial relations in the present times? In case the answer is positive, suggest practical measures to achieve the same. Do you think that the ethos and culture of social partnership among the Trade Unions, Employers and Government have been a) diluted and b) strengthened, in the last decade ? If the answer is a) , give reasons and suggest remedial steps. If the answer is b) , give the reasons and further suggestions.

8. In view of the economic liberalisation and globalization,

a) What should be the changes in the nature and scope of activities of the trade unions/ employers’ organisations ?

b) What are the changes needed in their organizational pattern and attitudes ?

c) What are the fields of activity in which they have an independent role to play ?

In what other manner should they function in cooperation (i) between themselves and (ii) jointly with Government ?

9. What do you think of tripartism? Will it not improve the productivity and thereby economic growth of our country?

10. To what extent the discussions held and decisions taken by the Trade Unions and Employers’ Organizations in tripartite fora are collective in nature ? What improvements do you suggest for better interaction and communication ? Are such tripartite consultations existing at the state level? How can these consultations be institutionalised and / or made more functional at the State level ?

Is it necessary and possible to keep the interest of the consumers while settling the demands of workers during collective bargaining? Those employers and trade unions who have first hand experience about this may briefly narrate the same.

12. What should be the role of Employers’ Organizations/ Trade Unions for generating employment ?

13. How can the involvement of other Ministries/ Departments be ensured in tripartite consultations in State / Central level ?

14. Tripartite consultations being one of the effective means of reducing the areas of conflict between the employers and their employees, what steps should trade unions/ employers’ organizations take for promoting such consultations ?

15. What are the existing arrangements for communication between the central organizations of employers and workers and their constituents? How should these arrangements be improved ?

16. Are there occasions when central organizations of employers and workers refuse to affiliate employing units / unions at the plant level ? If so, on what grounds ?

17. To what extent are the obligations undertaken by organizations of employers and workers at the national level implemented by their constituents ? Are there any effective sanction for non-compliance with these obligations ? How far have they been used in recent years ? How could these sanctions be made more effective ?

18. Do difficulties arise in reconciling the actions of unions / employers at the plant level with national policies evolved jointly by trade unions/ employers’ organizations ? Could you cite instances of such difficulties ? How are such difficulties resolved ?

What should be the responsibility of all- India organizations of employers and workers towards (i) promoting the interests of their constituents in all matters affecting industrial relations, (ii) implementation of laws, voluntary agreements, etc., (iii) training of personnel, (iv) providing guidance to constituents units, (v) settling industrial disputes in constituent units and (vi) improving the efficiency of industry ? How should they be equipped for discharging these responsibilities ? (vii) promoting industrialization, (viii) fostering research, development and technical know-how and (ix) strengthening socio-economic justice in society. Should trade union activity be prohibited in certain sectors such as hospitals, educational institutions, defence establishments etc? Should the trade union formation on caste basis be discouraged? How?

 
 
Trade Unions – Constitution and Finance Home Top
Should it made mandatory for trade unions that they must submit their annual report to the employers or the management where the union is working? Should the protection to the union or the office bearers from criminal liability be removed or enhanced? If the union observes illegal strike, should the members of unions or office bearers be given any punishment.

25. How are the office – bearers who man the trade unions appointed ? How many of them are paid ?

26. How are members of trade unions enrolled ? How are applications for membership scrutinized ? What is the extent of multiple membership of trade unions ?

27 In co-operative societies, the government officers hold elections and government officers work as election officers and organize activities relating to elections. Similarly, should the government officers or any outside agency hold elections for larger trade unions.

28. How do Trade Unions encourage participation of members in trade union activities?

29. How are the activities of a trade union conducted ? How is the policy decided ? Who is responsible for implementing the policy once it is decided ? To what extent does the rank and file influence the formulation of the policy ?

30. a) What in your opinion is the extent of prevalence of ‘closed shop’ is an establishment where only members of a union in good standing are hired or retained as employers.

‘Union shop’ is an establishment in which the employer has agreed to keep only union men on pay- role and in which non-union men may be hired on a stipulation that they join the union within a specified time. State its merits and demerits in Indian conditions.

What are the advantages of internal union and what are its disadvantages? What would you prefer, internal union or union with external leadership?

32. In what ways do trade unions help members/ dependent of members in their personal difficulties like unemployment, sickness and personal injuries ? How are dependents helped in case of members’ death ?

33. Is the introduction of ‘check off’ system under which employer deducts union dues from pay and hands over these deductions to the union advisable in the Indian conditions ? If it is , should the privilege of the system be given to all registered unions?

 
 
Trade Union Leadership and multiplicity Home Top
34. What should be the method of selection of leaders?

35. What has been the impact of political parties on the pattern of trade union development in India ?

36. Should we allow to continue the political influence of such parties or should we encourage professional leadership in trade unions?

37. Reference is often made to the influence of outsiders in trade unions. Please define the form ‘outsider’ and state what has been the influence of outsiders on trade unions ? Is outside leadership desirable ? If so, to what extent?

38. What would be the method of electing the leader of a union?

39. How should internal leadership in a union be built up and strengthened?

40. How can the accountability of union leaders be ensured? What legal provision should be incorporated for this purpose?

At present, there is no limit on the number of posts to be held by trade union leaders and one can become office bearer of a large number of trade unions. Should the law prescribe any limit on the number of various official posts one can hold in different trade unions. In Companies Act, some limits are prescribed on an individual holding directorship. Along the same lines, should we put some limit on individual holding posts in different unions?

42. Does the existing legislation encourage multiplicity of trade unions? Is it desirable? If not, what are the remedial measures ?

43. What are yours suggestions for effectively regulating and strengthening inter-union relations and avoiding inter union rivalries ?

Is it necessary to make statutory provision for compulsory registration of trade unions? If so, state the reasons. Suggest minimum percentage of membership for registration and recognition of trade unions to avoid multiplicity of trade unions in an organization. Should a minimum period be laid down for review of the percentage of membership to avoid frequent changes which affect discipline, production and productivity in the organization?
 
Trade Union Recognition Home Top
46. What are the advantages and disadvantages of registration of trade unions? Are there some aspects in which the powers of the Registrar of Trade Unions could be altered with advantage?

Has there been a change in the attitude of employers towards trade unions, particularly in the matter of recognition of unions ? If so, what have been the contributing factors? What should be the criteria for recognition of a trade union by the employer and by the Government?

49. Should the legislative provision for recognition be available only to registered trade unions ?

50. Would you suggest legislation on the lines of Trade Union Amendment Act, 1947 and Industrial disputes Amendment Acts, 1978 & 1998 in the matter of recognition of trade unions or provisions of M.P. Industrial Relations Act / Bombay industrial Relations Act, 1946 / Maharashtra Recognition of Trade Unions Prevention of Unfair Labour Practices Act ?

51. What are the advantages of industry wise unions ? What are the difficulties in their recognition ? How should the subjects to be dealt with by unions at the plant level and by the industry union be demarcated ?

What are the advantages and disadvantages of naming a union as the sole bargaining agent in an industrial unit ? Do you propose to have a collective bargaining agent decided through secret ballot? Or, do you propose to have a joint collective bargaining agent? How should one decide such joint bargaining agent?

54. For determining the representative character of a trade union for purposes of grant of recognition, which method would be most appropriate and why ? How is it to be implemented procedurally ?

55. What are your views regarding the 1995 Supreme Court Judgement in the Food Corporation of India case where verification by secret ballot was ordered ?

56. If a union is elected as the sole bargaining agent in an establishment, what should be the rights and responsibilities of other unions in the establishment?

57. What facilities should an employer extend at the workplace for the activities of the union ?

What has been the attitude of the Government as employer towards trade unions ? What should be the role of trade union leaders during working hours/on the shop floor, in redressal of grievances? Should the workmen who are union leaders be allowed freedom to leave the work/workplace during their working hours to perform functions of union leaders? Should they be allowed permission to leave workplace/shop floor? What procedure should be evolved to ensure that production/productivity on the shop floor during working hours is not hampered, while ensuring expeditious attention to and peaceful redressal of grievances? Do you consider that a trade union is basically an arm of the whole society and therefore, has a social obligation towards total development of the society?

  

Home Top
 
INDUSTRIAL RELATIONS
 
Introductory Home Top
1. What should be the criteria for determining the effectiveness or otherwise of Government’s industrial relations policy ? In terms of these criteria give your assessment of the working of the policy since the last 30 years, with special reference to the legislative and other arrangements for prevention and settlement of industrial disputes.

2. Are the patterns of industrial conflict changing in the last 30 years. In particular, how have the social, economic and political factors affected the intensity of industrial conflict ?

3. Is it possible to pick out some significant factors in units within your knowledge which in recent years have helped in improving industrial relations at the plant level ? Will these factors continue to be of significance in future ?

4. What are the patterns of industrial unrest that are emerging in the context of economic liberalization ?

5. What have been the impact of inter-union and intra-union rivalry on industrial relations ?

6. What improvements are necessary in the present arrangements for prevention of industrial disputes ? What would be the role of mediation service in the prevention of disputes ?

7. What is the role of fact- finding enquiries in improving industrial relations ?

8. How is the state of industrial relations in a unit affected by the existence of trade unions? What difference, if any, exists in the climate of industrial relations where the relevant trade union organization is (a) strong , (b) weak and (c) non-existent ?

9. What has been the contribution of factors like (a) recognition of union, (b) arrangements for dealing with individual and collective grievances and (c) strengthening bipartite consultative arrangements , in promoting industrial harmony ?

10. What has been the role of (i) central organizations of employers and workers, (ii) local management, (iii) local unions and (iv) the Government – Central and State, in maintaining and promoting harmonious employer – employee relationship ? What are your suggestions for improvement ?

11. What role have personnel officers / labour administrators played in preventing disputes and maintaining harmonious employer –employee relationship , and particularly in the context of grievance handling procedure ?

12. Assess the professional suitability in terms of educational background / competence / tactfulness/ attitude etc. of authorities directly dealing with employees in relation to labour issues in firms / units you are familiar with.

13. To what extent are the standing orders formulated with due consultation with the workers / unions ?

14. What changes , if any, are required in the Employment Standing Orders Act, 1946 and the Model Standing Orders formulated under the Act ?

15. What are the disciplinary rules imposed by managements ? Do the procedures prescribed under the model standing orders in dealing with disciplinary ceases require modification and if so, on what lines ?

16. What are your comments regarding the Supreme Court Judgement on the question of misconduct in Glaxo industries case (A.I.R. ....?

17. Has the Model Grievance Procedure evolved under the Code of Discipline served its purpose? If not, is there need for statutory provision for the formation of an effective grievance procedure? What should be the main elements of such a provision?

18. What is the attitude of trade unions and employers’ organizations to the introduction, either by voluntary agreement or statutorily, of a system of grievance arbitration? Would such a system help in improving labour – management relations?

19. What are the existing facilities for training of management and trade union personnel in industrial relations? To what extent are they used?

20. What should be the scope and powers of works committees? At present they play a secondary role. Can the works committees play an effective role in solving the internal problems? Can a second line of leadership be developed from these works committees?

21. To avoid loss of production/productivity/manhours, is it possible to evolve a procedure, agreed on mutual/tripartite basis, to fix some time on daily/weekly/monthly basis, with advance agenda, to present, scrutinize, discuss and settle grievances arising during the period instead of using pressure tactics for their settlement immediately/on the spot, as they arise/are noticed?

22. What had been the difficulties in identifying the "go-slows"/indirect methods affecting production/productivity/work culture in the workplace? Suggest suitable procedure which can be evolved to immediately identify and avoid "go-slows" in workplace?

23. Define positive work culture within the organization. Suggest procedure whereby broad guidelines can be laid down for defining and observing the work culture on the part of management, unions and workers.

24. Have there been instances when after bipartite/tripartite agreement, while the management have given the agreed benefits, the workers/unions have not observed their part of obligations/duties/responsibilities in increasing production and productivity? If so, briefly elaborate. How can it be ensured that both the parties ensure immediate and continued implementation of their obligations?

25. Have there been instances where converse of the situation mentioned in the above question has occurred? If so, please elaborate.

26. Have there been instances where even after specifically incorporating in the agreement that issues settled will not be raised during the period of settlement, same/similar issues have again been raised leading to disputes during the validity of the agreement/settlement?

27. Is it correct that it has not been possible to take immediate remedial measures against those indulging in "Unfair Labour Practices" because of lengthy procedure for specification and identification of such practices and taking action against those who instigate/encourage them? If so, what changes are necessary?

 
 
Collective Bargaining Home Top
28. What is the extent of prevalence of the system of collective bargaining in India ? How far has it succeeded? What has been the effect of legislation on the growth of collective bargaining?

29. If collective bargaining has to be encouraged at the industry level, how should the representative character of the bargaining agent for workers be determined ? (see questions 51 & 54 under the Chapter Trade Unions & Employers’ Organizations).

30. At present there is a centralized form of collective bargaining in the country. Do you agree that this should continue or do you suggest that this should be decentralized ? Give reasons for your views.

31. Whether there has been a trend in your industry to include a variety of concessions like wage & employment cuts, wage freeze, moratorium on strikes etc. in the name of labour market cooperation ? What is your view about such concessions being extended through collective bargaining ?

32. What should be the role of (a) collective bargaining and (b) adjudication as methods for safeguarding industrial peace in the coming years ?

33. In disputes arising over a charter of demands, is it feasible to separate areas of difference between the employer and the union into those where collective bargaining exclusively operate and others which could be left to adjudication ?

34. Should the union or workers be involved in normal domestic enquiries?

35. At present the grievances against the office bearers of the trade unions are not investigated. How these can be investigated? What safeguards would you suggest?
 
 
 
Joint Consultation Home Top
36 What are the various forms of joint consultations within the enterprise ? How can these be made more effective?

37. How functional are works committees? How can they be made more effective ? Should provision governing the constitution of such committees be retained in the Industrial Disputes Act, 1947? What changes, if any, would you suggest and for what reasons?

38. What have been shortcomings of the scheme of joint management councils and emergency production committees in ensuring better industrial relations? What are the remedies, according to you?

39. What effects do profit sharing and co-partnership schemes have on relations between management and employees?

40. What have been the hindrances to effective participation of workers in management? Indicate reasons both in relation to public sector and private sector.

41. Do you, think that the form of workers participation should undergo changes in view of the new economic policies? What measures do you suggest for ensuing workers involvement in the interest of better industrial relations?

 
 
Conciliation  Home Top
42. Are the provisions regarding conciliation in the Industrial Disputes Act adequate? What modifications would you suggest to make it more effective?

43. What, according to you, have been the effectiveness of conciliation machinery as a mechanism for settling industrial disputes? What improvements could you suggest to make it more effective ?

44. There has been criticism that conciliation machinery only adds to dilatoriness of industrial dispute settlement mechanism. How much time on an average conciliation proceedings take ? What are the factors responsible for protracted proceedings ? Would you suggest any change in the period prescribed for completing conciliation proceedings and how is this period to be reckoned with ?

45. What changes in the organization and staffing of the machinery and powers of conciliation officers would you advocate ?

46. Should conciliators be named arbitrators in disputes handled by their colleagues ?

47. Do you think that ineffectiveness of conciliation proceedings is also due to lack of exposure of conciliation officer to the industrial scenario ? If so, what remedial measures do you suggest ? What should be their qualification, rank and experience ?

48. Do you suggest mandatory amplification of the ambit of conciliation proceedings to cover strike notices in non-public utility services also ?

49. Do you think that the scope of issues coming within the purview of conciliation proceedings should cover issues for which statutory remedies are available and also disputes covered under the earlier memorandum of settlement ?

50. Do you consider that efforts in conciliation should be pro-active and anticipatory in nature rather than be set in motion in post-dispute situations ? If so, what are the specific suggestions for preventive conciliation mechanism ?

51. What measures do you suggest to minimize the failure rate of conciliation ?

52. Do you suggest that the mechanism of the Board of Conciliation should be strengthened ?

53. Do you think that it should be provided through legislative amendments to empower conciliation officers to make recommendations to appropriate Government as to whether a dispute is fit for adjudication ?

54. It is argued that definitions of ‘industry’, ‘workman’, ‘appropriate Govt.’ etc. as settled by certain case laws and interpretation of certain sections of the Industrial Disputes Act, 1947 by the Apex Court and High Courts have weakened the position of conciliation machinery. Do you agree and if so, what remedies by way of legislative changes do you suggest ?

55. Do you suggest the segregation of conciliation and enforcement authorities will (a) enhance and (b) reduce , the efficiency of conciliation machinery ? Give reasons for your suggestion .

56. What importance be given to conciliation? If one wants to go to the Court on some legal issue, should conciliation be attempted ?

57. Do you consider that special training can or should be organized for conciliators?

 
 
Adjudication Home Top
58. What are the criteria for assessing the suitability or otherwise of the present system of adjudication ? Do you think the system has played an important role in maintaining industrial peace ? Should the system be retained ?

59 Are the existing arrangements for reference of disputes to adjudication satisfactory ? If not, how can the arrangements be improved ?

60. Should the authority for appointment of industrial tribunals be vested in Labour Departments ? If not, where should it lie ?

61. There is a section of opinion that the existing practices and procedures involving different stages like conciliation, adjudication, etc. in settlement of disputes take an unduly long time. What measures would you advocate for expeditious settlement of disputes ?

62. How should the cost of adjudication to the parties be reduced ? Should the remedy lie in delegating certain functions of the adjudication mechanism, to conciliation officers? If so, please specify.

63. What measures should be taken to ensure full and speedy implementation of tribunal awards and agreements ?

64. Do you recommend legislative provisions for direct access to adjudication jurisdiction of labour courts and tribunals in respect of all kinds of individual disputes ?

65. It is argued that the Code of Discipline has failed to achieve its purpose. What are the reasons therefor ? What specific suggestions including legislative measures, would you suggest to put in place a more effective mechanism ?

 
 
Voluntary Arbitration Home Top
66. What is the role of voluntary arbitration in the achievement of good industrial relations? In what way can the employers and workers promote voluntary arbitration? Should a provision for voluntary arbitration be incorporated in all collective agreements ?

67. Please indicate the areas of industrial disputes where voluntary arbitration can be preferred to adjudication.

68. What measures do you suggest to simplify the procedure for voluntary arbitration ?

69. What have been the weaknesses of National Arbitration Promotion Board ? What measures do you suggest for its strengthening ?

70. What professional group provides the best arbitrators ? Civil Servants ? Lawyers ? Academics ? Businessmen ? Trade Unionists ? Technicians ? Others (please specify ) . Do you suggest any rank , qualification and experience for arbitrators ?

71. What should be the arrangements for meeting the expenses of arbitration ?

 
 
Strikes and Lockouts Home Top
72. Do you consider the existing restrictions on workers’ right to strike and the employers’ right to declare a lockout need to be modified in any way ? If so, please indicate these modifications together with reasons therefor.

73. If a strike is called / lockout is declared, is prior notice always given to the other party? In what cases, if any, no such notice is given ?

74. In how many cases within your knowledge have workers been able to secure wages for the strike period when the strike is declared legal ? Are there cases where the strike period pay is given when the strike is illegal ?

75. What are the issues on which a strike is called ? How is the decision for going on strike taken by the unions ?

76. Are there instances of workers going on strike without sanction of the union?

77. What are the instances of management adhering to the principle of ‘no work no pay’?

78. a) In what way in practice do trade unions and management keep in touch with each other during a strike in order to facilitate a settlement ? b) What is the role of Government machinery in such cases ? c) Should Government intervene and in what ways in cases where a strike is (i) legal , (ii) illegal, (iii) justified and (iv) unjustified

 
 
General  Home Top
79. What are the preventive measures to ward of a strike situation?

80. Are charter of demands placed prior to a strike notice? If so, how are they dealt with by the management?

81. Do you consider that public utility services need to be strictly defined? If so, how?

82. How do you view the judicial pronouncement by the Apex court on bandhs being declared illegal?

83. Has collective bargaining been possible in the small-scale sector? To what extent does this sector make use on the industrial relations machinery? Does the small scale require special regulatory mechanism? If so, what should be its basic features?

84. In case of illegal strike or lockout, especially in case of public utilities, many times it is the consumer who suffers. Should they have any say when such disputes are settled? Should we introduce them as a party to the dispute?

85. At present, if the lockout is illegal, there is a punishment to the employer but if this strike is illegal, there is no punishment to the trade union leader. Should be introduce such punishment in the law?

 

  

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WAGES
 
Introductory Home Top
1. What are the remedies against the adverse consequences of huge unskilled / semi- skilled labour force, new methods of production and informalisation of unskilled / semi- skilled work in organized sector and consequently also in informal sector?

2. What has been the relationship between wages in agriculture and other unorganized sectors and wages in industry?

3. To what extent is the existing level of wages a result of the traditional mode of wage settlement, collective bargaining, awards, etc.?

 
 
Minimum Wage Home Top
4. Does the concept of minimum wage need to be revised? If so, what should be its criteria?

5. Do you think that there should be a floor minimum wage across the country and what should be the criteria on which it is to be based?

 
 
Dearness Allowance Home Top
6. Considering the need for protecting real wage, how should one provide for revision of wages / wage rates for changes in price level? Should this be by revision of the wage itself or by provision of a separate component to absorb price changes?

7. In view of the prevalence of several methods to provide for the payment of a separate allowance to meet changes in cost of living, is it possible to apply any one system on a uniform basis?

8. If a system in which dearness allowance adjusted to changes in cost of living is favoured :-

a) Which index number viz ., (i) all India, (ii) regional or (iii) local should be preferred ?

b) What should be the frequency at which revision should be made – monthly/quarterly/half- yearly , etc.?

c) What should be the extent in change of index which should warrant such revision in dearness allowance – each point / slab of 5 points / slab of 10 points, etc.? Give reasons .

9. In determining the quantum of dearness allowance, what should be the principles governing the rate of neutralization of price rise?

10. Considering that payment of a cost of living allowance is meant of ensure that real wage of employees is not eroded by price increases, should the capacity to pay of an industry / unit be a relevant consideration in fixing the rate of dearness allowance?

 
 
Fringe Benefits Home Top
11. How should fringe benefits be defined? What should be their scope and context? To what extent do such benefits effect production costs?

12. How far can the fringe benefits be a substitute of higher money earnings?

 
 
Wage Differentials  Home Top
13. Do you support the concept of normative wage ratios between the lowest paid and highest paid employee in any organization, as also between employees at intermediate levels? If so, give reasons and your suggestions regarding the norms.

14. What are your views regarding levelling of inter-sectoral wage differentials and suggest mechanisms for implementation of your views.

15. What has been the effect of the existing system of dearness allowance on wage differentials? What steps would you suggest to rationalize present arrangements?

 
 
Methods of Wage Fixation  Home Top
16. Estimate relative merits of different methods of wage fixation, viz, statutory wage fixation, wage fixation through collective bargaining, fixation through wage boards and wage fixation resulting from adjudication, etc. Which one is the most suitable for adoption? Indicate sector – wise arrangements if different methods are suitable for different sectors.

17. Do you agree that there should be a single national wage board in lieu of industry –specific wage boards?

18. In collective bargaining for wage fixation, should the principal emphasis be laid on national agreements? If so, what adjustments should be made to meet local needs?

19. There is often a criticism that collective bargaining at industry level, particularly in the public sector, does not take into account enterprise level factors affecting the enterprise level economics and contributing to sickness. Do you agree with this? If so, give reasons .

20. Tripartite wage boards came into vogue because it was felt that an arrangement by which parties themselves can have a hand in shaping the wage structure in an industry could be more enduring than the one where an award is handed down by a third party. Has this expectation been fulfilled?

21. (a) In what respects should the operation of wage boards be modified to improve their working ?

(b) Should wage board recommendations have legal sanction?

 
 
Wage Policy Home Top
22 It is said that in the balance between fair wages to workers, fair profits to entrepreneurs and fair returns to treasury, the consumers are often left behind. How far is this criticism valid? How best can the situation be remedied?

23 In the context of planned development, the question of taking an integrated view of policy in regard to wages, incomes and prices is often emphasized. What should be the objective and scope of such policy in the context of globalization of the Indian Economy and thrust on competitiveness?

24. Do you suggest a policy of ‘wage freeze’? If so, how can it be implemented under the existing system? What are the implications of this policy for other incomes?

25. Is there a need for sectoral balance in wage structure between the public and private sectors? If there is, how should it be achieved?

26. (a) Do you subscribe to the view that the collectively bargained wage has no linkage with productivity , especially in relation to industry-level collective bargaining in the public sector?

(b) Do you see justification for opposition to productivity clause in agreement?

 
 
Mode of Wage Payment Home Top
27. (i) Do you agree with a time scale wage system or not? If not, what other system do you propose?

(ii) If time scale wage system is applied, what should be the method of fixing annual increments?

(iii) To what extent is the method of paying unskilled workers on time scale of pay common? Would you favour its extension?

28. What should be the component factors which should determine the wage? How would these component factors be made operational?

 
 
General  Home Top
29. Do you think that there are certain areas in formal sector where the minimum wages are not enforced? If so, what are the reasons and how could they be redressed?

30. Can a uniform period for the duration of settlement /agreements on wages be laid down-say, three/five years?

31. Is the scheme for payment of annual bonus embodied in the Payment of Bonus Act, 1965, satisfactory? If not, what are your suggestions?

32 What is your opinion about the treatment of bonus as a deferred wage? If it is justified, how do you view the entitlement of bonus being linked to pay structure?

33. What should be the place for bonus payments in the future system of remuneration?

  

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INCENTIVE SCHEMES AND PRODUCTIVITY

1. What steps should be taken to introduce a system of payment by results in industries /activities where this system would be appropriate ?

2. What would you suggest to work out an appropriate system of incentive scheme? What should be its guiding principles?

3. There is a general feeling that the incentive scheme has not worked in many organizations and it has created more problems than solving them. Do you agree with this view? If the incentive scheme is done away with, how can the increase in productivity be ensured? Do you suggest any other method?

4. How can productivity be raised through social partnership among labour, management and Government ?

5. How should gains of total factor productivity be shared?

6. Has any undertaking within your knowledge experimented, in recent years, with productivity techniques ? How did the employees react to these experiments ? Did this result in increasing workload ? If so, how was this situation met ?

7. What place would you assign to suggestion schemes and institution of awards for outstanding work to improve productivity ?

8. What are the factors contributing to labour turnover and absenteeism ? How do they affect improvement in productivity?

9. What is the place for the motivation of worker for improving his standard of living in the successful working of incentive schemes?

10. What is the potential of new technology in employment generation ? The technologies that are being introduced may be assumed as (a) labour intensive and (b) capital intensive.

11. What institutional support would you suggest to foster a culture of productivity?

  

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SOCIAL SECURITY

1. (a) To What extent do existence of social security measures contribute to stability of employment and industrial relations ?

(b) Have some of the benefits, based as they are on a qualifying period for entitlement, led to large labour turnover? If so, what should be the remedial measures?

2. The convention on Minimum Standards of Social Security adopted by the International Labour Organisation refers to the following branches of social security, namely, medical care, sickness benefit, old age benefit, unemployment benefit, employment injury benefit, family benefit, maternity benefit, invalidity benefit and survivor’s benefit.

(a) To what extent is each one of the above benefits available at present?

(b) What is the cost of existing social security schemes in relation to the total cost of production? How has it varied over the last decade?

(c) Are the scope and coverage of each one of the benefits mentioned above adequate?

(d) What should be the priority for enlarging the scope and coverage of the various existing benefits?

(e) In your experience, does a workman continue to get compensation/pension for his respectable livelihood after his retirement or disablement? Who should fund such expenses? Should it be Government or employer or workman himself?

(f) Do you think that the dependents of the workman should be included in such benefits?

(g) How should the programme for introduction of the benefits not currently available be phased?

(h) Do you propose a suitable method to build a corpus with/without sharing by Labour and Management to create such corpus to meet the social security expenses?

3. The benefits referred to in the previous question are generally available only to persons who are in wage-paid employment; there will still be large number of persons like traders, artisans and small shop-keepers who are self employed and who will remain uncovered by the scheme. What advance steps should be taken to bring these groups within organised social security schemes?

4. (i) What are the shortcomings of the Employees State Insurance Scheme and Employees Provident Fund Scheme? What are your suggestions for overcoming these?

(ii) Suggest control systems to be evolved to avoid malpractices/misuse/absenteeism in respect of the benefits of ESI/Social Security Schemes.

5. Should the provisions for exemption from the ESI Scheme be tightened? How should this be achieved?

6. Do you think it is necessary to introduce unemployment insurance scheme? If so, what should be its main features and how should it be operationalised, both financially and administratively ?

7. What measures do you suggest to rationalise and streamline medical claims and benefits under the E.S.I.S. ?

8. What should be the respective roles and responsibilities of the E.S.I.C. , the Central Government and the State Government concerned towards medical care of insured workers and their families?

9. What should be the respective shares of contribution from employers, workers and the Central and State Government concerned in any scheme of social security?

10. Should the Employees’ Provident Fund Scheme be continued as at present or should steps be taken to convert it into either a pension scheme or a provident fund -cum- pension scheme? What further steps do you suggest for improvements?

11. If it is to continue in the present form, would you suggest any change in the pattern of investments of the funds and in the rate of interest accruing to beneficiaries ?

12. Are any changes called for in the E.P.F. Scheme to make the administration more satisfactory?

13. Should a part of the provident fund be set apart for giving insurance cover to the members of the EPF Scheme?

14. Should the contributions under the E.P.F. Scheme be raised and if so, to what extent?

15. Is the functioning of the vigilance machinery of the E.P.F. organisation satisfactory? What steps should be taken to improve its functioning ?

16. What are your suggestions regarding changes in the Payment of Gratuity Act and how are these to be operationalised, both financially and administratively?

17. In the context of structural adjustment of the economy , what measures do you suggest to extend social security protection to workers affected by lay-off and retrenchment?

18. What changes do you suggest in Workmen’s Compensation Act, Maternity Benefit Act and other social security legislations to make them more in tune with present times ?

 

  

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LABOUR LEGISLATION

1. What have been the factors that have affected the proper and effective implementation of the various labour laws as per annexure-I. Have these laws achieved the purpose /objectives for which they were enacted ? If not, what factors have hindered the achievement of these objectives ?

2. After liberalistion of the Indian economy, what, according to you, are the provisions in labour laws which require amendments? (At the time, when there was protected economy, the restrictions were perhaps justified, but now , those may not be relevant.)

3. (a) How have the existing legislation and other provisions for protecting the interest of labour worked in practice ?

(b) Are the existing labour legislation helping in improving productivity, discipline and better work culture, while protecting the interest of labour? If not, what changes are necessary in specific labour legislations?

To what extent have the above provisions helped to implement the realisation of Constitutional obligations keeping in mind the state of the economy and the global economic scenario?

4. Are the present Constitutional arrangements under which labour is a concurrent subject satisfactory, particularly from point of view of the administration of labour laws? Are any modifications by way of centralisation/ decentralisation of certain activities and functions necessary?

5. a) Should there be separate labour legislation for large, medium and small scale sector? If so, suggest changes required.

b) Should there be separate provisions in labour legislation for Public sector and Private sector?

Do the control systems – reporting system/inspections/scrutinies by Inspectors/Authorities – lead to malpractices? Suggest changes required.

6. Do you consider that we have to avoid delays in providing amendment in the legislation. Should the executive be given powers to effect such amendment in specified labour laws by proper notifications?

7. Please specify the ILO conventions which are possible to be ratified by the Govt. India. To what extent has it been possible to move in the direction of implementation of the ratified ILO conventions?

8. On the basis of principles evolved out of case laws over a number of years, what are your suggestions for reviewing and amending labour legislation in the country ?

9. a) What are your suggestions regarding rationalisation and consolidation of existing labour laws into fewer comprehensive laws?

b) At present the definition of workmen, employee, wages, industry are different in different laws. Can such crucial terms be made uniform in various labour laws which are passed by the State Legislatures as well as by the Parliament?

10. In view of the experience of functioning or the lack of it of Code of Discipline, Industrial Truce Resolution, Inter-Union Code of Conduct etc; do you suggest a fresh approach for realising the objectives sought to have been achieved towards a healthy industrial relation through the above tripartite instruments based on voluntary approach ?

11. Do you feel satisfied with tripartism as it prevails at present?

12. Do you wish to shift to bipartite system of regulating labour relations?

13. Do you think that the Government’s role be limited to only providing assistance through judiciary when bipartite settlement of the industrial dispute is not possible?

14. What is the relative position of labour law enforcement in public and private sector? Please give your critical comments on the present scheme of things.

15. Do you consider certain legislative provisions responsible for labour market rigidity, particularly resulting in organised sector employment growth deceleration or stagnation? Please amplify and suggest suitable legislative modifications.

16. Are changes necessary in labour legislation to curb "go-slow" and "sudden stoppage of work"? If so, please suggest specific provisions.

17. Can there be generally accepted "exit policy", protecting the interest of both management and labour? If so, suggest changes required in existing legislation and outline the suggested policy.

18. Managements, as also in some cases labour, generally avoid using labour legislation machinery – because of too much delays/time taking procedures/perceived corrupt practices of officials/loss of manhours/payment for unproductive labour, etc. What improvements are necessary to develop better confidence in effective implementation of labour legislation in the interest of both management and labour?

19. There have been often a criticism that the structure of our present labour laws is an important factor affecting employment growth, at least in the organized sector. That the growth of employment in organized sector has been very little is also widely accepted. A common critique on this aspect is that the labour laws do not provide for any incentive for employment growth and neither do the fiscal laws unlike in respect of many other declared state policies like promotion of exports, encouragement of research and development etc. Do you agree with these contentions? If so, please give your suggestions as to what changes in the labour laws would be required and what fiscal incentives need to be provided to promote growth of employment in the organized sector in particular and unorganized sector in general.

  

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LABOUR RESEARCH AND INFORMATION

1. Most of labour statistics are a bye-product of labour legislation. They suffer, therefore, inter alia, from the limitations arising out of lack of uniformity in the concepts, coverage and frequency of collection. The time-lag in their publication non-response from primary units, inaccuracy of returns, changes in industrial classification are further difficulties in making labour statistics more useful. What steps should be taken to remedy the situation? Is the implementation of the Collection of Statistics Act, 1953 the answer ?

2. There is a feeling that the practice of entrusting the administration of labour laws to different officials, the statutory requirements of maintenance of different registers and sending of different filled-in returns under these Acts, result in a good deal of unproductive work and unnecessary duplication. What steps should be taken to simplify and remedy the situation ?

3. Does the all India Consumer Price Index Number currently compiled reflect adequately price changes affecting urban working class? If not, what are your suggestions for improvements?

4. Data presently collected and compiled in respect of work-stoppages (strikes and lockouts) mostly consist of : (a) number of work-stoppages, (b) number of workers involved, (c) number of man-days lost, (d) total wages lost in rupees and (e) total production lost in rupees. Are they adequate for measuring industrial unrest in the country? If not, what other aspects of industrial unrest require quantification ?

5. At present statistical data are collected only in respect of work-stoppages arising out of industrial disputes. Is it necessary to collect similar information on work-stoppages due to reasons other than industrial disputes?

6. There is a feeling that many enterprises resort to notional division of units to escape the obligations imposed for furnishing labour returns as well as compliance of certain labour laws. What steps should be taken to prevent such malpractice?

7. The current emphasis in the collection of labour statistics is on data which will help in understanding the economic aspects of workers’ life. Data pertaining to entitlement and capability, as well as other social and sociological aspects of the labour force, is also necessary for the purpose. What are your suggestions for filling the gap?

8. Statistical data (employment, unemployment, consumption expenditure, etc.) are being collected in respect of rural population annually by the National Sample Survey. Would it be feasible to make these data available separately for rural labour for each state/ region? What other statistics would be required for framing an operational programme ?

9. The data on unemployment based on employment exchange registration suffer from two basic flaws, viz. (i) all unemployed persons, particularly in rural areas, do not get themselves registered and (ii) persons securing employment continue to be enrolled in the employment exchange registers long after their employment due to non-deletion of their names. What are your suggestions to remedy the situation?

10. What are your suggestions regarding more extensive use of information technology in employment exchanges in the country ?

11. Are suitable amendments to the Employment Exchange (Compulsory Notification of Vacancies ) Act, 1959 required to ensure compliance of the obligation for notification of vacancies through employment exchanges ? If so, please give your suggestions.

12. Do you suggest any role for maintenance of data on self-employment by employment exchanges? If so, please outline its features.

13. What improvements can be made in the Employment Exchanges to ensure that the infrastructure available and the amount spent thereon can be utilized in a better and more effective manner for meeting the requirements of up to date labour market information system?

14. Do you think that there is adequate labour market information service available in the country ? If not, what steps should be taken to introduce an effective system in this regard?

15. Do you think that the recommendations of the First Labour Commission for coordinated research has been successfully complied with in order to serve the policy requirements ? What further recommendations would you like to make for this objective ?

16. What are your suggestions for improving the quality of labour research ? Do you think that introduction of awards/ incentives in acknowledgement of outstanding labour research at national level would improve the quality of labour research?

17. What is the present state of labour research undertaken by employers’ /workers’ organisations?

18. How should the trade unions be encouraged to strengthen their research activities?

19. How should labour research be promoted in universities and research organisations?

20. Is data on labour statistics and output of labour research adequately accessible to user groups ? What improvements can be brought in this regard?

21. Are the present arrangements for associating the research personnel outside Government for a deeper analysis of data available with Central and State Governments adequate ? What steps should be taken to strengthen this association? Should co-ordination of research work by different agencies be achieved?

22. What is the extent to which the existing information on labour matters is being put to use ? Who are the main users ? Give a critical assessment of the utility of the existing information.

23. Instances of industrial harmony seldom get as much publicity as those of industrial conflict. What are the reasons for this and what are the remedies ?

24. What role has the mass media played in educating the public on labour matters and with what results ? Would you suggest any improvement ? If so, how should this be brought about ?

25. What role has the mass media played in shaping decisions on industrial disputes? Has it helped or hindered the process of good industrial relations ?

 

  

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ECONOMIC REFORMS AND SOCIAL SAFETY NETS

1. a) Following the economic reforms initiated in 1991, the main plank of labour sector reform was conceived as liberalisation without social cost of adjustment. This revolved around the twin packages of Voluntary Retirement Scheme and National Renewal Fund Scheme. Do you think that these packages are comprehensive or some fresh approach is needed?

b) In the context of liberlisation leading to fast structural adjustments and frequently changing production processes/products in the organizations, while the organizations need flexibility in quality and quantity of manpower, the workers apprehand continual danger of loss of jobs. What specific measures are required on the part of the Government, employers and unions/labour to meet the requirement of the organization and at the same time, avoid or minimize the problems to the workers?

2. What has been your experience about the implementation of the National Renewal Fund Scheme in terms of participation and impact?

3. What is the dimension of jobless due to restructuring, down-sizing, merger etc.?

4. What financial assistance should be provided to the redundant, retrenched, laid-off and displaced workers?

5. How the funds should be created to provided such financial assistance – whether with the contribution from State and employers or in the form of some levy?

6. What should be the quantum of financial assistance?

7. What should be the duration of such financial assistance either for a specified period or till redeployed?

8. What steps should be taken to improve the National Renewal Fund Scheme?

9. One of the criticisms of the V.R.S. is that the middle level supervisors are availing the benefits rather than the lesser skilled workers leading to vacuum in the organisational structure of enterprises and defeating the objectives of the Scheme. Do you agree? If so, give reasons and your suggestions for improvement.

10. What are your suggestions for ensuring that the skill upgradation in tune with technological requirements under the reskilling and retraining component of NRF Scheme is actually achieved?

11. What has been the efficacy of the NRF Scheme in achieving productive redeployment of workers? Give your suggestions for improvement.

12. Are you aware of any other severance scheme evolved by public or private sector organisations for their manpower rationalization programmes? How do they compare with the VRS and what have been the response to those schemes?

13. How would you accept the restructuring of industries which leads to destituting even regular/ temporary/casual workers? Comments specifically on:-

(a) What measures do you propose to mitigate their plight?

(b) Do you think that industries should be required to provide necessary fund for retraining and rehabilitating them?

(c) Would you propose any such Scheme?

Do you perceive that in view of the present industrial policy of liberalisation, increased use of information technology etc, the scope of recruitment of unskilled labour, clerical and technical staff as well as middle management personnel will get reduced? If so, to what extent? Which levels will be affected substantially? Will these changes result in new kinds of employer/employee relations such as contract labour through middleman, home-based category of workers etc? What implications would these portend for the existing labour laws? Will these adversely affect the women employees more or male employees?

14. What measures do you suggest to work out an effective labour market information system to assess the skill requirements both in the short and medium terms and the training needs both for redeployment of workers and new entrants to the labour market?

15. Do you think that existing employment and training institutions are adequately equipped to cope with the emerging problems? If so, what measures do you suggest for restructuring these institutions in terms of training curricula, manpower, methodologies, backward and forward linkages etc.?

16. Do you think that there is need for greater coordination among central Government Ministries and agencies dealing with policy issues so as to foster stronger linkages between sectional requirements and labour market and planning issues?

 

  

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ANNEXURE

List of Important Labour Acts

Factories:-

        The Factories Act, 1948

Mines:-

        The Mines Act,1952

Plantations:-
        The Tea Districts Emigrant Labour Act, 1932
        The Plantations Labour Act, 1951

Transport:-
        The Indian Railways Act, 1890
        The Merchant Shipping Act, 1958
        The Dock Workers (Regulation of Employment) Act, 1948
        The Motor transport Workers Act, 1961

Legislation Relating to Workers in Shops and Commercial Establishments.

Legislation Relating to Industrial Housing:-
        The Bombay Housing Board Act, 1948
        The Madhya Pradesh Housing Board Act, 1950
        The Mysure Housing Board Act, 1955
        The Hyderabad Labour Housing Act, 1952
        The Uttar Pradesh Industrial Housing Act, 1955
        The Punjab Industrial Housing Act, 1956

Safety and Welfare:-
        The Indian Dock Labourers Act, 1934
        The Mica Mines Labour Welfare Fund Act, 1946
        The Coal Mines Labour Welfare Fund Act, 1947
        The U.P. Sugar and Power Alcohol Industries Labour Welfare           and Development Fund Act, 1950
        The Coal Mines (Conservation and Safety) Act, 1952
        The Bombay Labour Welfare Fund Act, 1953
        The Iron Ore Mines Labour Welfare Cess Act, 1961
        The Assam Tea Plantations Employees’ Welfare Fund Act, 1959          The Assam Tea Plantations Provident Fund Scheme Act, 1955

Wages:-
        The Payment of Wages Act, 1936
        The Minimum Wages Act, 1948

Social Security:-
        The Workmen’s Compensation Act, 1923
        The Employees’ State Insurance Act, 1948
        The Coal Mines Provident Fund and Bonus Schemes Act, 1948          The Employees’ Provident Funds Act, 1952
        The Maternity Benefit Acts (Central/States) Industrial

Relations:-

Central Acts-
        The Indian Trade Unions Act, 1926
        The Industrial Employment (Standing Orders) Act, 1946
        The Industrial Disputes Act, 1947

State Acts-
        The Bombay Industrial Relations Act, 1946
        The U.P. Industrial Disputes act, 1947
        The Madhya Pradesh Industrial Relations Act, 1960

Miscellaneous:-
        The Children (Pledging of Labour) Act, 1933
        The Employment of Children Act, 1938
        Legislation Relating to Indebtedness Collection of Statistics Act,          1953
        The Employment Exchanges (Compulsory Notification of
        Vacancies) Act, 1959
        The Apprentices Act, 1961
        The Madras Beedi Industrial Premises (Regulation of Conditions           of Work) Act, 1958
        The Kerala Beedi and Cigar Industrial Premises (Regulation of          Conditions of Work) Act, 1961

  

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Ministry of  Labour
Shram Shakti Bhawan,
Rafi Marg, New Delhi - 110 001
Phone : 3001425
E mail : labour@lisd.delhi.nic.in
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