The 43rd session of the Indian Labour Conference, which concluded in New Delhi recently deliberated on issues like global financial downturn and its impact on employment and measures to protect the labour force. It had also focussed on the problems of contract labour, social security, employment generation and skill development. The thrust of the conference was "a united step in true spirit of tripartitism towards better industrial relations and welfare of labour force."
The history of Indian Labour Conference dates back to 23, Nov 1944, a forum set up by the Ministry of Labour &n Employment for tripartite consultation amongst social partners--workers, employers and government at various levels, on issues relating to labour. It is also referred to as "Labour Parliament of India." The latest session was held under the chairmanship of Shri.Mallikarjun Kharg, Union Minister of Labour and Employment.
The conference was inaugurated by Prime Minister Dr.Manmohan Singh. Senior level representatives of the stake-holders participated in the deliberations of the two day conference. A press-release issued by the Press Information Bureau(http://pib.nic.in/release/release.asp? relid=67422) quoted Mr. Mallikarjun Kharge, Union Minister of Labour & Employment as having emphasised that we have to make our millions productive and ensure some form of social security net to them. It further added that deliberations by the Conference provided new ideas in the areas related to economic slowdown, contract labour and skills to help the government's efforts in working towards improving the conditions of workers in all sectors.
The Conference Committee on 'Problems of Contract Labour, Social Security, Wages and Amendments in the Contract Labour Legislation recognised the pressing need to protect the interests of the contract workers. A Tripartite Group was constituted by the 42nd Conference to suggest amendments to the Act. The report submitted by the Group was deliberated upon.
The Committee after a detailed discussion, passed the following resolutions, unanimously:(1)All efforts should be made to ensure that the existing provisions of the Contract Labour(Regulation and Abolition)Act, 1970 and Rules made there under are implemented in letter and spirit;(2)The labour enforcement machinery in the Centre and States should be strengthened by providing requisite manpower and other logistic facilities so as to ensure effective implementation of labour related legislation.(3) State are mandated to constitute Tripartite State Advisory Boards under the Act. However, it was pointed out that a number of States do not have such Boards constituted. It was unanimously resolved that such States should be asked to constitute such Boards under the Act at the earliest;(4)Payments should be made to the contract workers through banks. Necessary amendments should be made in the Act/Rules.
The following proposals were also considered by the Group:(1) In case where the contract labour perform the same or similar kind of work as the workmen, directly appointed by the Princial Employer, the wage rates, holidays, hours of work, social security and other conditions of service of contract labour shall be the same as are available to the workmen on the rolls of the Principal Employer. This provision exists substantially under the existing Rules. This needs to be incorporated in the principal Act;(2) The threshold limit of 20 workers for applicability of the Act should be dispensed with.
The proposals were supported by the workers' representatives as well as those from the State Governments. However, the representatives of the Employers did not agree with regard to both the proposals on the basis of the documents submitted by them. A suggestion was also given by the Workers' Group that in the even of abolition of contract labour under section 10(2) of the Act, the workers should be absorbed/regularised. This was agreed to by the State Governments but disagreed by the Employers' Group.
The Conference Committee on Global Financial Downturn--its impact - Job losses - Comprehensive Package for Protection of Labour Force etc was of the unanimous view that the recommendations made in the 42nd ILC session including short-term and long-term strategies should be followed more vigorously particularly in areas of:(1) strict implementation of labour laws on lay-offs, retrenchment, job losses, closure etc;(2) broad-based social security including unemployment insurance should be devised; (3) the availability of credit at concessional rate of interest to micro, small and medium enterprises besides traditional and export oriented industries by banks/financial institutions; (4) consideration of Urban Employment Guarantee Scheme; (5) statutory fixation of National Floor level minimum wage to cover all employments; (6) extending employment guarantee from 100 days to 200 days.
The Conference Committee on Employment Generation and Skill Development recommended that "for employment generation, agriculture sector should be given more importance. Agriculture based industries and cold storage should be set up at village levels. More industries and skill training centres should be set up in rural areas so that people don't migrate to cities."
India is a country of more than a billion people (1027 million as in 2001). A major part of this population is mainly dependent on agriculture, while the total labour force is estimated to be around 340 million (as per 2001 census). Further, out of the total labour force, only 29 million or 8.5 per cent are employed in the organised sector, rural areas account for about 270 million (79 per cent), whereas almost 93 million (27 per cent) are engaged in industries as contract workers. About 92 per cent of the workforce is employed in the unorganised sector that contributes 65 per cent value to the country's economy.
"There is gross violation of existing labour laws and contract workers are not even being paid minimum wages," said Dipankar Mukherjee, secretary, Centre of Indian Trade Unions (CITU), in a recent press statement.
Employers, on the other hand, maintain that giving privileges to contract labour could act as a disincentive to the industry to employ. "We do not want a situation where the industry is forced to go in for increased mechanisation," an industry representative said on conditions on anonymity as he is part of the discussion process initiated by the government on changing the law.
Shri Harish Rawat, Union Minister of State for Labour and Employment recently stressed the need to arrive at a consensus between the workers’ organizations and the employers’ associations with regard to use of contract labour so that Government can focus on regulation of contract labour which is a part of India’s massive unorganized labour who are more vulnerable to exploitation.
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