The 44th Session of ILC
Rajiv Dimri
The 44th Session of ILC (Indian Labour Conference) was held on 14-15 February 2012 at Vigyan Bhawan, New Delhi. The main agenda of the conference was Minimum Wages, Social Security and Employability and Employment.
Comrades Rajiv Dimri, Santosh Roy and RN Thakur, all National Secretaries of AICCTU, represented the All India Central Council of Trade Unions (AICCTU) at the ILC. Comrade Rajiv Dimri attended the conference as a delegate, and participated in the session on Employability and Employment, and Comrades Santosh Roy and RN Thakur attended as Advisors, and participated in the sessions on Minimum Wages and Social Security respectively.
The Conference was inaugurated by the Prime Minister. Instead of addressing the agenda of the conference, he continued to push his own favourite agenda - of ‘rationalizing’ labour laws.
Some of the significant conclusions of the Conference are:
On Minimum Wages
1. The Government may fix minimum wages as per the norms/criteria recommended by the 15th ILC (1957), and the directions of the Supreme Court (Raptakos Brett and Co. vs Workers’ Union) 1992.
2. Minimum Wages Act should cover all employments, and the existing restriction for its applicability on the scheduled employments only, should be deleted. This will also help India ratify ILO Convention No.131.
3. There should be national minimum wages applicable to all employments throughout the country.
4. The Committee noted that at present there are 12 States/UTs who have not adopted VDA (Variable Dearness Allowance). There was a consensus that all States/UTs should adopt VDA.
5. Payment of minimum wages should be done through Banks/Post Offices etc.
6. It was felt that the enforcing agencies should not be given the power of adjudication and, therefore, this proposal should be re-examined.
7. The proposal of paying different minimum wages in respect of same employment, either in the Centre or in the State, should be done away with.
On Social Security
1. The wage ceiling for the application of EPF Act be increased from the present level of Rs.6,500/- to Rs.10,000/- or Rs.15,000/- as already applicable for the ESI Corporation. Similarly, the ceiling for workers covered under EPF Act be reduced from 20 to 10.
2. Minimum pension under the EPS 95 be increased to some floor level, which should not be less than Rs.1,000/-, since a large number of workers receive pension which is less than that provided by the State Governments for elderly people, which is normally in the range of Rs.400/- to Rs.1000/-.
3. The PF Accounts be computerized urgently, so that the workers are able to avail the facility of PF transfer and settlement immediately. Smart Cards like RSBY be issued to PF account holders.
4. Minimum ceiling of 5 years of continuous service be reduced in case of gratuity, and gratuity be made transferable in case of change of job by the employee.
5. The maternity leave under the Maternity Benefit Act be increased from the present level of 12 weeks to 24 weeks. This increased maternity benefit be made available only up to two children, while the lower limit be continued for more than two children.
6. Accountability on the part of organizations implementing the social security schemes be fixed, in order to ensure that the beneficiaries receive the deliverables in time. Citizens’ Charters for these organizations be finalized early.
7. Amendment in the definition of wage is required in the EPF Act so as to remove the ambiguity with regards to splitting of minimum wages for the purpose of contribution.
8. It was felt that the funds of Rs.1000/- crore provided in National Social Security Fund (NSSF) is inadequate and funds should be substantially increased, either through imposition of cess, or by increasing the corpus.
9. It was agreed that on the lines of National Social Security Board, State Social Security Boards must be constituted as provided under the Act by the end of the year.
10. Social security benefits be provided to Anganwadi, ASHA, mid-day meal workers, and other similar type of workers.
11. Unorganized sector must be brought under various social security schemes including health, insurance, education, pension, etc.
12. RSBY should be extended to all the unorganized sector workers to avail the health insurance benefits at the earliest.
13. Steps should be taken to provide OPD facility to beneficiaries under RSBY and generic medicines should be used and provided under this scheme.
14. Interest income of various social security funds created by the Central or State Governments be exempted from taxes.
On Employability and Employment:
1. Employment generation and Employability should be a priority agenda of the Govt.
2. Though there is great emphasis on training of 500 million persons by 2022, there is a need to take appropriate measures for creation of employment opportunities to offer matching employment.
3. There is an urgent need to declare the National Employment Policy in order to provide enabling framework for facilitating employment generation and decent working conditions for all.
4. Investment in labour intensive industries should be promoted and incentivised.
5. Emphasis should be laid on development of infrastructure including storage, processing and marketing in rural areas and agro-based industries.
6. Existing employment in the unorganized sector should be safeguarded by assuring access to natural resources for those sectors dependent on them. In order to increase their productivity, appropriate advanced tools and technology for traditional producers should be developed.