Labour's Laws & Rules

 

Comments on Employees’ Compensation (Amendment) Bill 2016.

Section 17A : Inserted which says –    

Every employer shall immediately at the time of employment of an employee, inform the employee of his rights to compensation under this Act in writing as well as through electronic means in English or Hindi or in the official language of the area of the employment as may be understood by the employee.

In principal Act 18A in Sub Section(I) (i) in clause (d) for word and figure “Section 16” the words and figures “Section 16 or” shall be substituted.

As per amendment in Section 30  Sub Section (1) first provisio the amount of Rs.   ‘Three hundred‘ has been replaced by words  “Ten Thousand Rupees or such higher among as fixed by the Central Government in Gazette Notification”..

The amendment omits Section 30(A) of the Principal Act which empowers Commissioner to withhold  payment of any sum in deposit with him on the direction of High Court, pending the decision of the appeal.

There seems nothing to be opposed                      

 

 

Amendment proposed in Industrial Employment (Standing Order) Central Rules 1946.

As per Notification of Ministry of Labour & Employment, Government of India dated 4th August, 2016 published in Official Gazette.

In Industrial employment (Standing Order) Rules,1946 in the schedule, in Item I for the word “badlies” words fixed term employment workmen in apparel manufacturing sector” shall be substituted.

Comments: Hind Mazdoor Sabha is opposed to introduce a new class of workers under the name of “fixed term employees” whose services can be terminated without any notice or pay in lieu thereof as per proposed amendment.

In the proposed amendment under (3A) (B) (h) A says “he shall also be eligible for all statutory benefits available to a permanent workman proportionately according to the period of service rendered by him even though his period of employment does not extend to the qualifying period of employment required in the statute”

I would like to put one question  “A workman employed for “ one year as fixed term employee” will he get the gratuity proportionately ?  The qualifying service under payment of Gratuity Act is 5 years.

“A female worker   employed as fixed term employee” for 6 months, will she receive the maternity benefits if she conceives during the period of fixed term employment?

The answer is a big “No” unless relevant amendments are made in both the concerned statute.

If the worker is employed in small factory then all the basic Act will not apply on that establishment hence in such cases there is no need of mentioning this provision.

Whether fixed term employee will be allotted unique number as introduced by Hon’ble Minister of Labour and Employment, Govt. of India?

The amendment also says that no notice of termination of employment shall be necessary in case of temporary and badli workers.

This provision is also not acceptable to Hind Mazdoor Sabha.

 

Factories (Amendment) Bill 2016.

Amendment has proposed replacement of words “State Government” used in  Section 2 (P) by the words Central Government  or as the case may be the State Government”

In Section 64(b)  Sub Section 4,  Clause (IV) for words “fifty” the words “One Hundred”  be substituted.

In Section 65 of Principal Act (b) in Sub Section (3)   Clause IV the words “Seventy five” may be substituted by One Hundred and Fifteen”.

After sub Section 3 and before the explanation the following provision shall be inserted –

“Provided that the Central Government or the State government or the Chief Inspector with prior approval of the State Government, as the case may be, may, by order further extend the total number of hours of overtime work in any quarter up to “One Hundred and Twenty Five in the Public Interest”.

All these proposed amendments with regards to enhancement of number of hours of overtime in one quarter will be detrimental to the health of the workman, will adversely affect his/her family life and workmen will have no time for social obligations, Hind Mazdoor Sabha has opposed the above proposed amendment at various forums, once again opposes it.

 

The Child Labour (Prohibition and Regulation) Amendment Act 2016

 Published in Gazette of India dated 29 July, 2016.

 

Change of Title: In Section 2 of Principal Act in Sub Section (i) for the words, brackets and figure “The Child Labour (Prohibition and Regulation Act 1986 will be ;changed by ‘The Child and Adolescent Labour (Prohibition and Regulation) Act 1986.”

The definition of “Adolescent” inserted in Section 2 (a) clause is  “A person who has completed fourteenth years of age but has not completed his eighteenth year”.

 

Under Section (2) (b) of Factories Act 1948 adolescent means a person who has completed his fifteenth year of age but has not completed his eighteenth year.

 

Under (c)  Child mean a person who has not completed his fifteenth year of age.

 

In case of both child and adolescent worker the age has been reduced to 14 years for child workers and also for adolescent from fifteenth year to fourteenth years.

 

Through Section 3(i) (2) the child has been allowed to help his family in family enterprises after his school hours or during vacations.

 

Hind Mazdoor Sabha has lodged its strong protest against the above proposal. While defining family enterprises, the amendment says “any work, profession, manufacture or business which is performed by the member of the family with the engagement of other persons” and family includes mother, father, brother, sister, father’s sister and brother and mother’s sister and brother.

 

We fail to understand the need of allowing a child to work, may be in family enterprise, it may help in exploitation, trafficking of child labour especially the girl child. It is nothing but back door entry for encouraging child labour in the name of “Family Enterprises”.

 

“Child Labour Technical Advisory Committee” has been renamed as “Technical Advisory Committee” in Section 5 of the Principal Act (d) (ii) and at all other places in the Principal Act the word “Child Labour” has ;been removed. The word “Child” has been replaced by “Adolescent”  “just reducing Age from 15 to 14 for adolescent”.

 Under new Section 14D the offence under the Act has been made compoundable.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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