/font>
16.22 hrs.
(ii) Re : Measures to protect interests of workers
Title: Discussion on the Resolution regarding measures to protect interests of workers moved by Shri Basu Deb Acharia (Not concluded).
MR. CHAIRMAN : Now, the House will take up the Resolution regarding “Measures to protect the interests of workers” presented by Shri Basu Deb Acharia. Before we take up the Resolution for discussion, we have to fix time for discussion on this Resolution. Initially, two hours are allotted in the first instance. If the House agrees, two hours may be allotted for this discussion.
(BANKURA): I beg to move :
“This House expresses its deep concern over continuous reduction in social securities for workers and urges upon the Government to take measures to protect the interests of the workers by introducing Provident Fund Scheme for all unorganised workers; restoring interest rate of provident fund to 12 per cent; removing ceiling on bonus payment; ensuring payment of all statutory dues of the workers; providing adequate health care facilities; enacting a comprehensive legislation for the welfare of agricultural workers; and ensuring payment of minimum wages to contractual workers.”
Sir, this is a vast subject, and you should increase the allotted time.
MR. CHAIRMAN : Shri Basu Deb Acharia, after two hours we will decide on it.
SHRI BASU DEB ACHARIA : Sir, this issue pertains to 40 crore workers.
MR. CHAIRMAN : Initially, we have allotted two hours, later we will decide about it.
SHRI BASU DEB ACHARIA : Sir, today I am raising some burning problems of 40 crore workers of our country. Sir, out of 400 million workers only 28 million workers belong to organised sector, and rest belongs to the unorganised sector.
Sir, after the Government of India adopted the new economic policy — policy of liberalisation and globalisation — it has adversely affected the working class, particularly the unorganised sector.
Sir, there has been an all out attack against the unorganised sector, as well as the organised sector. The social securities that are being enjoyed by the workers are not sufficient. There has been a growing attack on the social securities that are enjoyed by the workers in our country.
Sir, to provide social security to the workers has been enshrined in the Constitution of India. Sir, in article 43 it has been stated that :
“The State shall endeavour to secure, by suitable legislation or economic organisation or in any other way, to all workers, agricultural, industrial or otherwise, work, a living wage, conditions of work ensuring a decent standard of life and full enjoyment of leisure and social and cultural opportunities and, in particular, the State shall endeavour to promote cottage industries on an individual or co-operative basis in rural areas.”
16.25 hrs. (Shri Devendra Prasad Yadav in the Chair)
Article 43 of the Constitution very clearly stated that after Independence, the workers particularly belonging to rural areas — workers belonging to unorganised sector, workers belonging to agricultural sector, cottage industries, and rural industries — will have a decent living and will get living wages. However, even 50 years after the adoption of our Constitution, nothing has been done to improve the lot of crores of workers of our country, except passing some legislations to protect the interest of the workers. These legislations today remain only on papers and the provisions of these legislations are not being observed either by the Government or by the employer. These provisions are being blatantly violated by the employers, and the Government has nothing to do against them.
Sir, what has been stated about social security in the Approach Paper to the Ninth Five-Year Plan? I quote from the Approach Paper to the Ninth Five-Year Plan in regard to social security.
“Social security will be provided to the workforce both in organised and unorganised sector. An integrated comprehensive scheme on social security will be evolved by having a single legislation covering all the social security schemes.”
The Ninth Five-Year Plan suggested for a single legislation covering all the social security schemes. The other recommendations made by the Working Group of the Planning Commission are: Announcement of a National Policy on Social Security; Examination and ratification of ILO Convention on Social Security: minimum standard of 1952; Provision of budgetary support for social security and its integration with economic development and planning process; A separate department for social security in the Ministry of Labour; Contributory Employment Assurance Scheme in organised sector; Social security is the universal need of the workers: a social safety net is to be formed for those who somehow, temporarily or permanently, are thrown out of employment. Thousands of workers today are facing this problem, becoming either temporarily unemployed or permanently thrown out of employment. Single system of social security for unorganised rural labour and cost effective and easy access to benefits; Social security for all workers, both in the organised and unorganised sectors, irrespective of type of establishment or amount of wages drawn; Reform process in ESIC; and Pattern of investment in EPF and EPS.The Task Force which was appointed by the Planning Commission recommended very strongly for speedy implementation of all these recommendations. However, none of these recommendations has so far been implemented by the Ministry of Labour of the Government of India. No announcement of national policy on social security, which was recommended by the Task Force of the Planning Commission has been made.
The Tenth Five-Year Plan also recommended for a central fund for the welfare of workers based on the experience of the existing Welfare Fund for Beedi Workers. That experience has not been good. It is said that efforts must be made to constitute some Welfare Fund for Fish Processing and Salt workers, etc.
I have the 2000 Edition of the Pocketbook for Labour Statistics with me. I do not know whether a later edition of it was published. Dr. Satyanarayan Jatiya would be able to say that since he was the former Labour Minister. If you see that pocketbook, you will be surprised to know that the amount collected out of cess amount deposited in the welfare fund in a number of cases has not been spent fully. I will take up the plight of beedi workers later when I speak on Beedi Workers Welfare Fund.
The Tenth Five-Year Plan recommended a pension scheme for the unorganised sector. The Government of West Bengal introduced three years back a Provident Fund-cum-Pension Scheme for the unorganised workers. This scheme is an ideal scheme that can be implemented by the other State Governments also. Particular attention should be given to vulnerable groups of labourers like child labourers, bonded labourers, migrant workers, building and construction workers, and landless agricultural workers. They have suggested introduction of a pension scheme for such vulnerable sections of workers. I do not know what action has so far been taken with regard to implementing the suggestion made by the Task Force on Social Security which was constituted in 1999.
This Task Force had made a number of recommendations. My experience is that none of those recommendations has so far been implemented. The latest one is setting up of the Second National Labour Commission. It was stated on the floor of the House that the main purpose of constitution of the Second National Labour Commission was to recommend certain measures to protect the interests of unorganised workers. The percentage of unorganised workers is 80 to 85 and most of these workers are exploited even today. Though there are certain legislations, the provisions of these legislations are not observed by the employers.
Sir, the Second National Labour Commission recommended for an umbrella legislation. The Ministry of Labour circulated a draft on the Unorganised Sector of Workers Bill, 2003. It has not yet been introduced. But this draft Bill has been circulated among the trade unions for eliciting their opinion.
The Labour Minister has elaborated and eloquently stated as to what he has in his mind about the welfare measures to be adopted by the Government of India. All the trade unions, from BMS to CITU, objected very seriously the various provisions of this draft Bill. And, they jointly sent their suggestions to the Ministry of Labour for their consideration.
What are their suggestions? They are: (a) to improve the Unorganised Sector Workers Bill, 2003; there should be a separate Bill for large and distinct segments such as agricultural workers. Separate Bills on employment condition, welfare, security aspects should be moved simultaneously along with this Bill.
Sir, I have gone through the draft Bill. It is my view also that with the existing provisions, this Bill would not serve the purpose. It will not be able to protect the interests of the workers. There is no such provision in the Bill except the creation of certain Boards and Committees.
Then, suggestion (b) is that this Bill including the Unorganised Sector Workers Bill should provide initial funds and regular contribution from the Centre and the State Governments.
Their suggestion ( c ) is that the entire cost of the administration of the Act be borne by the Government, at least, for five years, and the position could be reviewed and revised. The commitment should be worked out after a specified period.
Their suggestion (d) is that the minimum basic welfare and pensionary benefits included in the scheme should be incorporated in the Bill. That is not in the Bill.
Their suggestion (e) is about the employer-employee relation. In certain sections today, there are home based workers, particularly, in the bidi industry. Same is the position in your State also, Mr. Chairman, Sir. In the bidi sector what is happening? The bidi is not manufactured at one place. The workers in the morning receive tobacco and the leafs; they go to their homes and roll the bidis; and then in the evening they bring the bidis to the employers, and go back. So, there is no employer-employee relation. When the employer is not identifiable, the worker is compelled to change the employment. In the case of construction workers and bidi workers, the employee change his employer frequently. So, the contribution of employer should be paid by the Government and the Board. This is the suggestion of all the trade unions jointly. The Board constituted under the Act should be a body having the statutory powers to administer the various functions and schemes of the Board.
These are the suggestion; the Government has not so far reacted to it or agreed to incorporate them. The original draft was later on changed, but even when the second draft was brought forward, not a single suggestion of the trade union was incorporated.
There are a number of legislations. There is a legislation in regard to contract workers – Contract Labour (Regulation and Abolition) Act of 1970. There was a Joint Committee; that Committee made certain recommendations. Then, the legislation was prepared and was enacted in Parliament in 1970. There are a number of good things in regard to contract workers in it. But may I know whether all those provisions are being followed or being observed by the contractors?
Section 20 of Contract Labour (Regulation and Abolition) Act says that if any amenity is required to be provided under section 16, 17, 18 and 19 for the benefit of the contract workers, and if employer in an establishment is not providing within the time prescribed, then such amenity shall be provided by the principal employer within such time as may be prescribed. May I know whether this is happening anywhere? No such thing is happening. May I know whether the principal employer is discharging his responsibilities?
As regards payment of minimum wages, the Contract Labour (Regulation and Abolition) Act provides that the contract workers should be paid the wages at par with the wages which is being paid to the regular workers. The wages should be at par with the regular worker or the permanent worker. But the payment would be on daily basis. May I know whether the contract workers engaged by the CPSUs or contract workers engaged by the Indian Railways are being paid wages at par with the regular workers? Gradually a number of works are now being handed over to the contractors. Except in a few cases, is there any place where the contract workers are being paid wages at par with the permanent workers?
Today in Indian Railways, maintenance of tracks is being done by the contract workers. Railway gang men are also engaged for the maintenance of tracks. May I know whether the contract workers engaged for the maintenance of tracks of Railways are being paid the wages at par with permanent workers?
There is a subsidiary of Coal India, that is, Mahanadhi Coal Fields. I visited the Vasundhara area of the Mahanadhi Coal Fields, where the number of contract workers is 22,000 and the number of permanent workers is only 17,000. In that area of Basundhara, what I have seen is that the contract workers are not being paid even the minimum wages.
It is called the minimum wages and not the maximum wages. The wages should not be less than what has been determined by the Government notification. But in Mahanadi Coal Field, I know of a particular area because I have visited that area, the workers are not getting even the minimum wages. You will be surprised to know that in Adra Godown of FCI, even the employer’s contribution to the Provident Fund, that means the contractor’s contribution, is also deducted from the salaries of the employees. This was brought to the notice of the Ministry of Labour and to the Contract Labour Board but till today both the employer’s and the employee’s contribution is deducted from the workers’ salaries.
I know, in Railways there is no provision of the Provident Fund for contract workers. There should not be any discrimination between the male and the female workers but still it is continuing. The Contract workers are not getting the minimum wages, not to speak of the wages at par with the permanent workers. There are about 40 lakh workers. Previously 50 paise cess was collected for 1000 It is Rs.2 now. This cess is for the welfare of the workers. Now, in the Government of India, particularly the Finance department, there is a Committee on Non-Plan Expenditure. They have decided that there will not be any hospital for the workers. You know, Sir, the condition in which theseworkers have to work. Their overall life is much less than the life of a worker of other category. This is because of the unhygienic conditions, smell of tobacco, in which they have to work. They have to work for twelve hours in these unhygienic conditions and therefore, their overall life is much less than the workers of other category.