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Minister of State (I/C) for Labour & Employment, Shri Santosh Gangwar, while responding to the debate in the Lok Sabha, has stated today that the three Bills introduced in the House for historic labour reforms in the country, will prove to be a Game Changer in the labour welfare reforms covering more than 50 crores organized and unorganized workers in the country.  This also includes gig, platform and also opens up the doors for social security to those in the self-employment sector.  

The 3 bills which were passed in the Lok Sabha today are (i) Industrial Relations Code, 2020 (ii) Code on Occupational Safety, Health & Working Conditions Code, 2020 & (iii) Social Security Code, 2020.  These bills are part of Government’s earnest desire to bring much needed labour welfare reforms in the country which has not been done for the last 73 years.  In the last 6 years, many multi-stakeholders consultations were held with all stakeholders i.e. Trade unions, Employers, State Governments and experts of labour sector.  This also includes holding 9 tripartite consultations, four Sub Committee meetings and 10 Regional Conferences, 10 inter-ministerial consultations and views of citizens.  

Shri Gangwar said that under the dynamic leadership of visionary Prime Minister Shri Narendra Modi, this Government has taken number of steps to fulfill the dreams of Baba Saheb Ambedkar from 2014 onwards and gave equal importance to ‘Shramev Jayate’ and ‘Satyamev Jayate’.   Government is ceased with the problems faced by workers and for the last 6 years, My Ministry has been working tirelessly to provide social security and other welfare measures to both organised and unorganised workers including during this Covid-19 epidemic. He added that unprecedented steps were taken by Governnment under the leadership of our visionary Prime Minister, Shri Narendra Modi and launched many welfare measures such as increasing the maternity leave for our sisters from 12 weeks to 26 weeks, women were allowed to work in mines under Pradhan Mantri Protsahan Rozgar Yojana.  Formal employment was increased portability in EPFO and welfare schemes and and expansion of ESIC facilities to our fellow citizens. 

The Minister, while replying to the issues raised by the Members of Lok Sabha, said that the Bills takes into account the holistic development of the country by keeping the labour interest uppermost in the mind. He said these are the people who have suffered mostly by having multiple laws on labour which involved procedural complexities thereby hindering implementation of various welfare and safeguard provisions.  He further said that 29 labour laws are being subsumed in the simplified, easy to understand transparent 4 labour codes. Out of the 4 labour codes, Code on Wages has already been passed by Parliament and have become the law of the land.  All the labour laws (29 in number) being amalgamated into 4 labour codes are :

 

Name of the Code

 

Number & name of amalgamated laws

Wage Code

 

4 laws –

  1. The Payment of Wages Act, 1936
  2. The Minimum Wages Act, 1948
  3. The Payment of Bonus Act, 1965
  4. The Equal Remuneration Act, 1976

IR Code

 

3 laws -

  1. The Trade Unions Act, 1926
  2. The Industrial Employment (Standing orders) Act, 1946
  3. The Industrial Disputes Act, 1947

OSH Code

 

13 laws -

  1. The Factories Act, 1948
  2. The Plantations Labour Act, 1951
  3. The Mines Act, 1952
  4. The Working Journalists and other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955
  5. The Working Journalists (Fixation of Rates of Wages) Act, 1958
  6. The Motor Transport Workers Act, 1961
  7. The Beedi and Cigar Workers (Conditions of Employment) Act, 1966
  8. The Contract Labour (Regulation and Abolition) Act, 1970
  9. The Sales Promotion Employees (Conditions of Service) Act, 1976
  10. The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979
  11. The Cine-Workers and Cinema Theatre Workers (Regulation of Employment) Act, 1981
  12. The Dock Workers (Safety, Health and Welfare) Act, 1986
  13. The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996

Social Security Code

 

9 laws –

  1. The Employees’ Compensation Act, 1923
  2. The Employees’ State Insurance Act, 1948
  3. The Employees Provident Fund and Miscellaneous Provisions Act, 1952
  4. The Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959
  5. The Maternity Benefit Act, 1961
  6. The Payment of Gratuity Act, 1972
  7. The Cine Workers Welfare Fund Act, 1981
  8. The Building and Other Construction Workers Welfare Cess Act, 1996
  9. The Unorganised Workers’ Social Security Act, 2008

Total

 

29

  • 12 Labour Acts already repealed since 2014

 

Elaborating the benefits of the new labour codes,  Shri Gangwar informed the House that the entire work force of the country will now be entitled for obtaining benefits under different codes.  Minister mentioned the salient features of the 3 Codes which were passed by the Lok Sabha,

as under :-

(A)       Social Security Code, 2020

Extending the reach of ESIC: Effort have been made to provide right to health security under ESIC to maximum possible workers:-

(a)  The facility of ESIC would now be provided in all 740 districts. At present, this facility is being given in 566 districts only.

(b) Establishments working in hazardous sectors would mandatorily be linked with ESIC, even if there is only one worker working in it.

(c) Provision for making scheme for linking unorganised sector and Gig workers with ESIC.

(d) Option to link workers working in Plantations is being given to Plantation owners.

(e) Option for becoming member of ESIC is also being given to establishments with less than 10 workers.

Extending the reach of EPFO :

(a) EPFO’s coverage would be applicable on all establishments having 20 workers. At present, it was applicable only on establishments included in the Schedule.

 (b) Option to join EPFO is also being given to establishments having less than 20 workers.

(c) Schemes would be formulated for bringing workers coming under the category of ‘Self-employed’ or falling under any other category under the aegis of EPFO.

  • Provision has been made to formulate various schemes for providing comprehensive social security to workers in unorganised sector. A “Social Security Fund” will be created on the financial side in order to implement these schemes.
  • Work to bring newer forms of employment created with the changing technology like “platform worker or gig worker” into the ambit of social security has been done in the Social Security Code. India is one of the few countries where this unprecedented step to bring workers in this category under social security has been taken.
  • Provision for Gratuity has been made for Fixed Term Employee and there would not be any condition for minimum service period for this. For the first time, a Fixed Term Employee working for a determined period on contract has been given the right of social security like a Regular Employee.
  • With the aim of making a national database for unorganised sector workers, registration of all these workers would be done on an online portal and this registration would be done on the basis of Self Certification through a simple procedure. It would facilitate the extension of benefits of various social security schemes to beneficiaries in the unorganised sector. We can say that we would be able to get ‘Targeted Delivery” of social security done to unorganised sector workers with the help of this database.
  • The most important thing for getting employment is the information about job vacancies. With this aim, it has been made mandatory for all establishments with 20 or more workers to report the vacancy position in their establishments. This information would be given on online portal.

(B) Occupational Safety, Health & Working Conditions Code, 2020

  • Free health checkup once a year by the employer for workers which are more than a certain age.
  • Legal right for getting Appointment Letter given to workers for the first time.
  • Cine Workers have been designated as Audio Visual Worker, so that more and more workers get covered under the OSH code. Earlier, this security was being given to artists working in films only.

(C)  Industrial Relations Code, 2020

Efforts made by the Government for quickly resolving disputes of the workers :

(a) Provision for two members instead of one member in the Industrial Tribunal. In case of absence of one member, work can still be undertaken smoothly.

(b) Provision for taking the matter straight to the Tribunal in case the dispute is not resolved at conciliation stage. At present, the case is refered to the Tribunal by the appropriate Government.

(c) Implementation of award in 30 days  

      after Tribunal award.

(d) After recognition of Fixed Term Employment, workers will get the option of Fixed Term Employment instead of contract labour. Under this, they would get benefits of hours of work, salary, social security and other welfare benefits like a Regular Employee.

(e) With the objective of better and effective participation of Trade Unions, a provision for “Negotiating Union” and “Negotiating Council” has been made for undertaking negotiation on any dispute. With conferring of this recognition, resolving disputes through dialogue would be facilitated and workers would be better able to get their rights.

(f) Arrangement for going to the Tribunal has been made for resolving disputes arising between Trade Unions. Less time would be required for resolving their disputes.

(g) Provision has been made for giving recognition to Trade Unions at Central and State level. This recognition has been given in the labour laws for the first time and after this recognition, Trade Unions would be able to contribute more affirmatively and more effectively at the Central and State level.

(h) Provision for RE-Skilling fund has been made in the law for the first time. Its aim would be to re-skill those workers who have been fired from their jobs, so that they are easily able to get employment again. For this, workers would be given 15 days salary within a period of 45 days.                                                                                                         

Shri Gangwar said we have extended the definition of migrant workers, so that migrant workers moving from one state to another on their own and migrant workers who have been appointed by the employer from a different state can also be brought under the ambit of OSH code. At present, only migrant workers who had been brought through the contractor were benefiting from these provisions. The Minister also elaborated following benefits of the Labour Codes :

  • Compulsory facility for Helpline for redressal of problems of migrant workers.
  • Making a national database of migrant workers.
  • Provision for accumulation of one day leave for every 20 days worked, when work has been done for 180 days instead of 240 days.
  • Equality for women in every sphere : Women have to be permitted to work in every sector at night, but it has to be ensured that provision for their security is made by the employer and consent of women is taken before they work at night.
  • In the event of death of a worker or injury to a worker due to an accident at his workplace, atleast 50 % share of the penalty would be given. This amount would be in addition to Employees Compensation.
  • Provision of “Social Security Fund” for 40 Crore unorganized workers alongwith GIG and platform workers and will help Universal Social Security coverage
  • Pay parity to women workers as compared to their male counterparts.
  • Occupational Safety & Health Code to also can now over cover workers from IT and Service Sector.
  • 14 days notice for Strike so that in this period amicable solution comes out.
  • Vibrant mechanism proposed for speedier disposal by Labour Tribunals as “Justice delayed is Justice denied”.
  • The Codes to Promote Harmonious Industrial Relations for higher productivity and more employment generation.
  • Labour Codes to stablish transparent, answerable and simple mechanism reducing registration requirement to just one from eight; need of licence also to just one from three four under different laws earlier.
  •  Inspector to be now made as Inspector – cum- Facilitator and introduction of Random, Web Based Inspection System to remove to Inspector Raj.
  •  Penalties increase manifold; to act as deterrent. 

Shri Gangwar also stressed that the changes and reforms in the labour laws have been conceptualized keeping in mind the changing scenario over the years and also making them futuristic so that country marches on faster growth trajectory. With these the peaceful and harmonious industrial relations will be promoted in the country which in turn will lead to growth of industry, employment, income, balanced regional development and will bring more disposal income in the hands of workers. Shri Gangwar further pointed out  these path breaking reforms in the country will help our country to attract the Foreign Direct Investment and also domestic investment from the entrepreneurs and will end ‘inspector raj’ in the country and will bring total transparency in the system. “India will become favourite investment destination in the world” he added.  

Sources https://pib.gov.in/PressReleseDetail.aspx?PRID=1657898

Social Security net of ESIC and EPFO to Widen opening up for all workers and self-employed
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Kerala State Council for Science, Technology and Environment (KSCSTE) is an autonomous body under the government of Kerala. Applications on prescribed format are invited for the Recruitment to the Government Job Vacancy posts of Scientist E2, Scientist-C, Technical Officer & Technical Assistant in the Institute of Advanced Virology (IAV), Thonnakal, Thiruvananthapuram (Kerala). ...
42 NIPER Hyderabad Non-Teaching Recruitment 2020 Vacancies #Telangana 19 Days Remaining for Apply
Online Applications on prescribed format are invited at The National Institute of Pharmaceutical Education & Research (NIPER), Hyderabad (Telangana) from the eligible Indian Nationals for direct recruitment of the following 16 Non-faculty Government Job vacancy posts on regular basis through open competition on all India basis.  (Advt.  No. NIPER-HYD/02/2020-21) ...
43 Section Engineer Recruitment in Maha Mumbai Metro (M3) Operation Corporation Ltd. (MMMOCL) 2020 #Engineering 12 Days Remaining for Apply
Section Engineer Recruitment in MMMOCL 2020 Maha Mumbai Metro (M3) Operation Corporation Ltd. (MMMOCL) intends to appoint qualified and experienced Engineering professionals for the following Government Job Vacancy posts of Section Engineers (Electrical and Mechanical) on prescribed format in Maha Mumbai Metro Operation Corporation Limited. ...
44 Faculty Vacancy Recruitment in Damodaram Sanjivayya National Law University (DSNLU) Visakhapatnam 2020 #Andhra Pradesh 19 Days Remaining for Apply
 Faculty Vacancy Recruitment in DSNLU Visakhapatnam 2020 The Government of Andhra Pradesh has established Damodaram Sanjivayya National Law University (DSNLU) at Visakhapatnam. Application in the prescribed format is invited for the following Faculty Sarkari Naukri Vacancy in DSNLU Visakhapatnam, Andhra Pradesh on 5 years contract tenure basis (renewable). (Advertisement No. DSNLU/TS-01/2020). ...
45 Stenographer Recruitment Exam 2020 by SSC #SSC 14 Days Remaining for Apply
Stenographer Grade ‘C’ and ‘D’ Examination 2020 by SSC The Staff Selection Commission (SSC) will hold an open competitive Computer Based Examination 2020 from 29/03/2021 to 31/03/2021 for Recruitment of Government Jobs (Sarkari Naukri) Vacancy of Stenographer Grade ‘C’ (Group ‘B’, Non-Gazetted) and Stenographer Grade ‘D’ (Group ‘C’) for various Ministries/ Departments/ Organizations in the Government of India ...
46 UPSC Government Jobs Recruitment 12/2020 Vacancies #UPSC 8 Days Remaining for Apply
Union Public Service Commission (UPSC), Dholpur House, New Delhi invites Online application on prescribed recruitment form by 29/10/2020 for following Sarkari Naukri Government Jobs vacancy posts especially Specialist (Faculty - Assistant Professor), Foreman, Scientific Assistant, Engineer etc. in various Central Government Departments/Organisations in the prescribed online format (Advt. No. 12/2020). ...
47 Recruitment of Manager vacancy in SPMCIL 2020 #Management 28 Days Remaining for Apply
Recruitment of Manager vacancy in SPMCIL 2020 Security Printing and Minting Corporation of India Limited (SPMCIL) is looking forward to recruiting high calibre and talented professionals and invites online applications on prescribed form for the following 16 Government Job Vacancy of Assistant Manager position in various disciplines 2020. (Advertisement No. 04/2020-CP). Published at https://www.SarkariNaukriBlog.com ...
48 Recruitment of Faculty Vacancy in AIIMS Bhopal 2020 #Madhya Pradesh 11 Days Remaining for Apply
Recruitment of Faculty Vacancy in AIIMS Bhopal 2020 All  India Institute of Medical Sciences (AIIMS), Bhopal is a premier Institute of National Importance (INI) established by the Ministry of Health & Family Welfare, Government of India. The Director, AIIMS Bhopal invites online applications on prescribed for ...
49 Recruitment of Assistant Teacher Lecturer Vacancy by Uttarakhand SSSC 2020 #Uttarakhand 44 Days Remaining for Apply
 Recruitment of Assistant Teacher Lecturer Vacancy by Uttarakhand SSSC 2020 The Uttarakhand Subordinate Service Selection Commission (UK SSSC) invites online application submission for the recruitment of 1431 Sarkari Naukri vacancy posts of Assistant Teacher (Lecturer) Group-C for secondary Education Department of Government of ...
50 India Post GDS Recruitment 2020 for Himachal Pradesh #Himachal Pradesh 16 Days Remaining for Apply
 India Post GDS Recruitment 2020 for Himachal Pradesh Online applications in the prescribed format are invited by Odisha and Tamil Nadu Circles of Indian Postal Department from eligible candidates for the recruitment selection and engagement to the Government Job vacancy posts of Gramin Dak Sevak (GDS) under Cycle-III/2020-2021 in the posts offices of the respective circles in the state in Himachal Pradesh. (Advertisement Numbers - R&E/77-55/2020) G ...
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