Press Release

 

PRESS RELEASE

EDITOR

New Delhi 30th May 2017: Shri Harbhajan Singh Sidhu, General Secretary, Hind Mazdoor Sabha in a press release said that a Joint Meeting of all Central Trade Unions (except Bhartya Mazdoor Sangh) and Employees/Workers/Workers Federations was organised at Gandhi Peace Foundation, New Delhi today to protest against the Anti People and Anti worker policies of the present Government, reluctant and apathetic attitude towards the long pending genuine Workers problems. Jointly presented through 12 point charter of demands which included containing Price Rise, improve Public distribution system, contain unemployment, strict enforcement of basic labour laws, punitive measures for violating, Universal Social Security cover, price indexed minimum wages of Rs 18000/- per month, Minimum universal pension of Rs 3000/- per month, stoppage of contractualization in perennial work and payment of wages at par with regular workers for same and similar work, removal of all ceiling on payment and eligibility of Bonus, Provident Fund, compulsory registration of trade union within 45 days, ratification of ILO convention 87 and 98, No FDI in Railway, Defence and other strategic sector, No unilateral amendments to labour laws.

The meeting was attended by senior leaders of all Central Trade Union (except BMS) and Workers/Employees Federations and was presided over by a presidium consisting of senior leaders of participating Central Trade Unions.

 

Comrade C.A. Rajasridhar, President, Hind Mazdoor Sabha was in the Presidium.

Addressing the meeting Comrade Harbhajan Singh Sidhu, General Secretary, Hind Mazdoor Sabha criticized the Anti people, anti labour policies of the present Central Government and on it’s advise, direction, encouragement, guidance by some of the State Governments.

The workers trade union rights/human rights are under severe attack by the Government. It has unilaterally brought Anti workers and pro employer amendments in major labour legislations, has brought small factories bill which will be applicable to establishments employing less than 40 workers and will be exempted from 14 major labours laws, it has also enacted Model Shop and Establishment Act. On one hand the Government is amending the Present Acts on the other it has decided to amalgamate 44 Central labour legislation in 4-5 labour codes, labour code on Industrial relations, labour code on wage, labour code on social security drafts have come in public domain for suggestions.

Shri Sidhu said that the working class has exhausted all peaceful democratic means of protest during last 7-9 years. To show their unity it has organised two one day nationwide and one 2 days nationwide industrial strikes which despite non participation of so called biggest union Bhartya Mazdoor Sangh and all efforts on part of Government to foil were grand success.

He said workers have given enough time to the Government and are in no mood to grant any more time.

Shri Shiva Gopal Mishra, General Secretary, All India Railway Men’s Federation and Secretary J.C.M in his address said that 7th Central Pay Commission’s recommendations were the worse so far, the sub committees formed to review some of the anomalies have given their reports but the same have not been made public, Comrade Mishra said that Railway Board has issued a letter barring supervisors under certain grade pay and above belonging  to recognised unions to be office bearers of the union, which is illegal unconstitutional and undemocratic. There is great resentment among the workers due to such unilateral actions. Workers have given enough time to Railways Management and the Government.

Speaking on the problems of civilian employees of defence Comrade S.N. Pathak, President, All India Defence Employees Federation said that Government has introduced private players in most sensitive and vital sector of Defence production. It has decided to out sourced around 200 defence products manufactured by 41 ordnance factories which will bring more than a lakhs of workers and their families on street. The Government is also eying the vast land available with defence for commercial use by the private sector.

Comrade P.M. Mohd Haneef, General Secretary, All India Port and Dock Workers Federations in his address said that the Government instead of expanding and developing major ports is encouraging minor ports which will be maintained by private enterprises or multinational companies The Cargo has been shifted from Major ports to these minor ports, Government has amended Major port Act reducing workers representation in trust to only one that too to be nominated by the Government. Central government has an eye on vast land available with Major Ports like MBPT for commercial use by private parties.

Shri Nathulal Pandey, President, Hind Khadan Mazdoor Federation in his address said that Government has allowed private entry in mining which neglect and ignore workers health and safety resulting fatal accidents like one recently happened in Jharkhand. Their genuine demands are not addressed, wage revision deliberately delayed. He also opposed the merger of coal contributory provident fund with EPF.

The problems of road transport workers were raised by Comrade Pawar who said that Road Safty Bill will become an instrument for victim station of Road Transport Workers.

Sarv Shri Sanjeeva Reddy, President, INTUC, Shri Tapan Sen, General Secretary, CITU and Ravindra Kumar President AITUC also addressed the gathering.

It was decided to hold a National Convention of Workers at Talkatora Stadium New Delhi on 8th August 2017 followed by conventions at Blocks, Tehsil, Distrct, Industrial Centre State level to be followed by a massive 3 days (day night) padvav continuous Dharna at National Capital to be attended by lakhs of workers from all over the country on a relay basis and will be followed by a joint country wide general strike by the CTUs and Federations.

 Thanking You                                                                                  Yours faithfully

                                                                                          Harbhajan Singh Sidhu

                                                                                           General Secretary

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Press Communique                                                                                          31st August 2016

 

Central Trade Unions Reiterate countrywide General Strike on 2nd Sept, 2016

Group of Ministers (GOM) Announcement an eyewash

 The Central Trade Unions reiterate the call for countrywide general strike on 2nd September 2016 against the anti-worker and anti-people policies of the Govt. in view of utterly unresponsive and undemocratic attitude of the Govt. The CTUs view the announcements made by Committee of Ministers as an eyewash and decide to go ahead with the Strike. Meagre raise in minimum wage to Rs.9100/- per month in central sphere is not binding on the States.

The CTUOs expressed dismay over utterly negative attitude of the Govt. towards basic demands of the workers on minimum wages as per consensus formulation of the Indian Labour Conference, on universal social security including pension for all workers including those in unorganised sector, against mass scale contractorisation of permanent and perennial work, against onslaught on basic rights of the workers through so called labour-law-reforms through various state governments and also by the centre in the background of large scale violation of labour laws being promoted by both the central govt and also many state govts, desperate move for privatisation/disinvestment of strategic and sensitive public sector units, and promoting limitless FDI in sensitive sectors like Defence, Railways, Banks, Insurance, Retail and Pharmaceuticals etc. which is also against the interest of the national economy.  

The CTUOs made it clear that the desperate bid of the Govt for changing the labour laws both through central and many state govts is basically designed to throw even the overwhelming majority of the organised sector workers out of the coverage and purview of all basic labour laws which would render all other rights and benefits of the working people virtually meaningless.

The CTUOs also noted with dismay that the Govt while making public statement on being positive on the demands of the workers, has actually been actively pushing through executive measures, one after another, just in the opposite direction, against the interest of the working people in the garb of ensuring so called “ease of doing business.” All these proactive initiatives militate against the basic interests and rights of the working people. Even the non-striking Central Trade Union also officially recorded its opposition.

The CTUOs expressed satisfaction over the increasing response by the workers throughout the country to the call for united action. The strike is going to be complete in industrial sectors such as transport, financial, power, coal, textile, automobile, port and dock, steel, oil, defence production, scheme, education etc. sectors and Central and State Govts. employees. In some states it is going to be bandh like situation.

It is unfortunate that during the past one year, the Group of Ministers appointed for discussion with the CTUOs on 12 point charter has not convened even a single meeting but has been only talking to BMS which has not joined the strike call. The CTUOs denounce such undemocratic bias of the Govt.

The CTUOs condemn the move of the central govt to divide the workers in the face of ongoing strike campaign and create confusion through making misleading statements on its so called positive attitude on workers’ demands both directly and through their various agencies and allies.

While expressing confidence that such dubious action to divide the workers will not succeed, the CTUOs appeal to the working people of the country irrespective of affiliations to further widen their unity and unitedly combat the anti-worker, anti-people policies of the Govt through making the call for countrywide general strike on 2nd September 2016 a total success.   INTUC                AITUC                    HMS                            CITU                          AIUTUC

 

 TUCC                         SEWA               AICCTU                    UTUC                         LPF

And independent federations of Workers/Employees

12 POINT CHARTER OF DEMANDS

 

 

1.               Urgent measures for containing price-rise through universalisation of public distribution system and banning speculative trade in commodity market

 

2.               Containing unemployment through concrete measures for employment generation

 

3.               Strict enforcement of all basic labour laws without any exception or exemption and stringent punitive measures for violation of labour laws.

 

4.               Universal social security cover for all workers

 

5.               Minimum wages of not less than Rs 18,000/- per month with provisions of indexation

 

6.               Assured enhanced pension not less than Rs.3,000/- p.m. for the entire working population

 

7.               Stoppage of disinvestment in Central/State PSUs and strategic sale

 

8.               Stoppage of contractorisation in permanent perennial work and payment of same wage and benefits for contract workers as regular workers for same and similar work

 

9.               Removal of all ceilings on payment and eligibility of bonus, provident fund; increase the quantum of gratuity.

 

10.           Compulsory registration of trade unions within a period of 45 days from the date of submitting application; and immediate ratification of ILO Conventions C 87 and C 98

 

11.           Against Labour Law Amendments

 

12.           Against FDI in Railways, Insurance and Defence

 

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MEMORANDUM

    Present Industrial Relation Scenario of India

Shri Guy Ryder

Hon’ble Director General

International Labour Organisation

Camp India

 

Respected Sir,

While welcoming you in India the largest democracy of the world, second populous country after China globally, a fast growing economy and a nation which is preparing to be the youngest country of the world by 2022 as 64% of the populace by then will be in the young age Group, a country which is founder member of International labour Organisation. A country which is committed to eliminate Child Labour, Bonded Labour, manual Scavenging, a country committed to empowerment of women, fighting, HIV AIDS, Hind Mazdoor Sabha would like to submit.

That the country is passing through a very critical phase as far as Industrial relations, workers trade union or human rights are concerned. Indian constitution Guarantees freedom of speech and Expression, freedom of Association, living wage, eradication of bonded labour, Equal pay for equal work for men and women, Right to Education, no discrimination in employment etc,. Country has more than 100 labour laws both enacted by the union as well as the state Government (as Labour is in concurrent list in the constitution) India being founder member of ILO has been actively involved in adoption of various conventions and Recommendations of ILO. It has so far ratified 43 conventions including 4 core conventions. It has its own Tripartite mechanism at apex level in the name of Indian Labour conference since 1942.

The present Industrial Scenario is one of the worse ever. During the last two years the new National Democratic Alliance Government and on its direction, advice and motivation some of the state  Governments  are  engaged only in one point Agenda i.e  how to dilute, amend, snatch the hard earned labour friendly provisions of major labour laws to provide the employer a conducive environment for “hire and fire”. The Government is under severe pressure of domestic as well as Global Corporate houses. It is in the process of dismantling the very intelligently knit Labour law mechanism in the name of “labour law reform”.       

The new NDA Government after assuming power in 2014 started unilaterally amending the Labour laws, drafted the amendment, put the same on website and inviting comments. Trade unions were not discussed at drafting stage at all though India has ratified convention 144 on Tripartite discussion. After joint protest from all central trade unions from a common platform and common agenda and a very positive, unbiased approach by ILO DWT New Delhi office the Government had to start negotiation but not by “heart” just for record sake.

The Government despite consensus in Indian labour conference on not to bring any exclusive labour law for macro small and medium enterprises brought “Small factories Bill 2014” which will be applicable on factories employing up to 40 workers and will be exempted from 14 major labour laws. It has either amended or proposed amendments in Factories Act 1948, Industrial Disputes Act 1947, Industrial Employment standing order Act 1946, Apprenticeship Act 1961, Employees Provident Fund and Misc Provisions Act 1952, Employees state Insurance Act 1948, Minimum wages Act 1948, Payment of Bonus Act 1965, Trade union Act 1926, Contract labour Act 1970, Child labour Act 1986, Exemption of certain establishments from furnishing returns and Maintain Register Act 1986 exempting the covered establishments from 16 labour laws etc.

It has brought “Model Shop and Establishment Bill” giving free hand to medium and small traders to exploit the workers.       

It has decided to re-codify 44 central laws in 4-5 Labour Codes, omitting most of the welfare/Labour friendly provisions. We would like to draw your kind attention to some of the amendments which are detrimental to the interest of worker.

Trade Un                  ion Act 1926

  • Minimum Membership required for Registration of union has been enhanced from 10% to 30%
  • No non worker even a retired employees in executive body of the union working in organized section Exiting Provision there can be 1/3 or 5 whichever is less
  • For unions working for unorganized sector at the most Two non members can be there in Body of union Existing provision is 50%
  • An Individual cannot be office bearer of more than 10 unions. No such provisions in exiting law.

The above amendments are in violation of Article 3 of ILO convention 87. Wider powers given to Registrar for cancellation of Registration in violation of Article 4 of ILO convention 87 compulsory payment of subscription by a non member to Govt/Employer established fund. No such provision in existing law

Factory Act 1948

Definition of Factory changed. Threshold limit raised from 10 to 20 and from 20 to 40 workers. Factories employing less than 40 will not come under factories Act.

Women workers allowed in Night Shift  - employment of women during 7 PM to 6 PM was banned in factories Act but a new section 66 has been inserted allowing women to work in night shift. It is in violation of ILO convention 4, 41 and 89 which have been ratified by India.

Over time enhanced – The Factories Act 1948 section 64(V) (IV) The maximum 50 Hrs. in 3 months. It has been enhanced to 125 Hrs:

Spread over work :- Enhanced from 10.5 to 12 Hrs.

Inspection :- India has ratified ILO convention 81 on Inspection on 7.4.1949 but the New Govt. under pressure from Employers has intro-duced web enabled risk weighted random inspection scheme and has put number of restrictions on Inspection. 

Compounding of offence – Has been introduced for the first time to give safe passage from criminal liability at the maximum financial cost of maximum fine provided for the offence in the Act.

  • Fixed term Employment introduced through an amendment in Industrial Employment standing rules framed under Industrial employment standing order Act 1946. The definition of Strike changed; penalties for illegal strike, instigation to join illegal strike or financial Assistance for illegal strike have been enhanced. Notice to be given by all Industrial units. The conciliation will start from the date notice is served and during conciliation strike cannot be done.

Industrial units employing up to 300 workers need not take prior permission of appropriate Govt. for lay off, retrenchment or closure of the unit Present limit is 100 workers. Most of the Industries will come out of the purview of the Act.

  • Contract Act will now apply on a contractor employing 50 or more workers the existing positing is 20 workers.
  • Under apprenticeship Act 1961 (amended) the Apprentice is worker who will work on a very small stipend with no job security and freedom of association.

These are very few examples to show how the Govt. of India has become facilitator for employer not the custodian of working class.

The Government took no time to ratify recommendation 204 on formalization of informal economic but opposed the processing of a document on “decent work in Global supply chain” during 105th session of ILC at Geneva. India is 6th country in the world having practices of bonded labour, precarious work along with Guatemala, Cambodia, Columbia, Belarus, Iran, Qatar and United Arab Emirates in practicing worse form of labor rights. 

Main problems working class is facing:-

  • Freedom of Association at stake
  • Heavy deficit of Social Dialogue
  • Huge wage differential between a regular worker and a contract worker
  • Infomalisation of formal work
  • Permanent nature Job being done by contract workers
    • Government introducing FDI blindly in all sectors including  Railways, Insurance, Bank, retail and strategically most sensitive sector of Defence Production etc    
    • Government continues disinvestment from Public Sector under takings
    • Government framing policies to bring Private partners in public sector undertaking
    • Government on the advice of Niti Ayog indentified loss making Public Sector industries for strategic sale. It has indentified 72 Public Sector Industries, recommended Financial Assistance to make some industries sale able to Private partners
    • No uniform Minimum wage
    • No central law for recognition of Trade unions
    • No scope for collective bargaining for more than 94% of work force working in informal sector
    • No or very little social security for informal sector workers
    • Registration of Trade unions has become a uphill task because of reluctance on part of most of the employers
    • Double standard adopted by Multinational organizations in respect of Industrial relations and implementation of Labour laws. In the country of their origin they respect and follow their National laws, respect the dignity of labour but when operating any unit in India they desire no labour laws
    • Despite International instruments,, constitutional provisions, statutory support Gender bias, emotional, Physical, Sexual harassment are being reported very often

 

 May I, on behalf of Hind Mazdoor Sabha take this opportunity to request your goodself to use your good office to pursue the Employers and Govt. of India to give up their reluctance and encourage amicable solution of the problems to maintain industrial harmony and peace which will result in high production, better quality and productivity, better profit and better quality of life to workers.

 

With regards,

                                                                                                   Yours sincerely,

 

                                                                                         (Harbhajan Singh Sidhu)

                                                                                               General Secretary

                                                                       

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                                                                                                                        June 29, 2016

The Editor

 

Press Release

 

The cabinet committee has approved the retrograde recommendation of the 7th Central Pay Commission on wage revision of the Central Government employees as well as increase of Pension of retired Govt. employees against the NCJCA of Central Government employees demand for improvement in favour of employees. NCJCA has already given an indefinite strike notice w.e.f 11th July, 2016.  Central Government has not considered the demand of the NCJCA in favour of all serving and retired Govt. employees. Hind Mazdoor Sabha condemns the decision of the Central Government rejecting the genuine demands to improve the recommendation of the 7th Central Pay Commission in favour of all serving and retired Govt. Employees. Hind Mazdoor Sabha calls all its affiliates to support the strike action call given by the NCJCA.

 

 

Harbhajan Singh Sidhu

General Secretary

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The Editor,

PRESS RELEASE

 

Hind Mazdoor Sabha supports wholeheartedly the action of NCJCA for go on indefinite strike w.e.f. 11th July, 2016. All affiliates of NCJCA have submitted strike notice to their head of the Department on 9th June to achieve the Important demands which include

 

  1. Settle the issues raised by the NJCA on the recommendations of the 7 CPC sent to Cabinet Secretary vide letter dated 10th December 2015.
  2. Remove the injustice done in the assignment of pay scales to technical/safety categories etc. in Railways & Defence, different categories in other Central Govt. establishments by the 7 CPC.
  3. Scrap the PFRDA Act and NPS and grant Pension/Family Pension to all CG employees under CCS (Pension)  Rules 1972 and Railways Pension Rules, 1993.
  4. Fill up all vacant posts in the government departments, lift the ban on creation of posts, regularize the casual/contract workers.
  5. Remove ceiling on compassionate ground appointments.
  6. Extend the benefit of Bonus Act, 1965 amendment on enhancement of payment ceiling to the adhoc Bonus/PLB of Central Government employees with effect from the Financial year 2014-15.
  7. Ensure Five promotions in the service career of an employee..
  8. Revive JCM functioning at all levels

 

Hind Mazdoor Sabha requests the Govt. of India to call the leaders of NCJCA and start negotiations to settle the issues of the Govt. employee as already handed over a memorandum to Cabinet Secretary. Govt. should stop formulation of policies against the Govt and PSUs and also withdraw the decision of 100% FDI in Railways, 49% in Insurance and Banking, stop disinvestment from profit making PSU, stop contractualisation, till regularization the remuneration at par with regular employees be given to contract workers, stop the amendment of Labour Law.

 

Harbhajan Singh Sidhu

General Secretary

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CENTRAL TRADE UNIONS ORGANISE NATIONAL CONVENTION OF WORKERS

Joint Conventions, Mass Dharna and Nationwide

General Strike on 2nd September

 

New Delhi- March 30: Ten Central Trade Unions with the support of All India Banks, Insurance, Defence, Railways, Central/State Government Employees and other Service Establishments organised a national convention of workers at Mavalankar Hall, Vithal Bhai Patel House, Rafi Marg, New Delhi from 10 AM to 4 PM which was participated by the activists from organised and unorganised sector. The significance of the Convention ;was presence of women in large number, workers have come from NCR Region and adjoining States like UP, Rajasthan, Haryana etc.

 

The Convention was presided over by the presidium consisting of representatives from 10 Central Trade Unions Viz; INTUC, AITUC, HMS, CITU, AIUTUC, TUCC, SEWA, AICCTU, UTUC, LPF. Com. C.A.Rajasridhar, President, Hind Mazdoor Sabha was representing the organization in the presidium. One speaker from each participating Central Trade Union spoke.

 

Hind M;azdoor Sabha was in the driving seat led by Comrade A.D.Nagpal, Secretary,HMS, Com. J.R.Bhosale, Treasurer, HMS / G.S. WREU, Com. Sanjay Vadhavkar, G.S. HMS Maharashtra State Council, Com.Surender Lal, Com. S.D.Tyagi, Secretary and President, HMS Haryana State Council, N.S.Sidhu, Rajendra Kumar, Smt. Manju Mohan, HMS Delhi State Council and others.

 

Comrade Harbhajan Singh Sidhu, General Secretary, Hind Mazdoor Sabha in his address condemned the anti worker, anti labour policies of the Union Government and of some State Governments like Gujarat, Rajasthan, Haryana, Maharashtra, Andhra Pradesh etc. Com. Sidhu said that Central Trade Unions have submitted a joint Charter of Genuine Demands of the working class and jointly pressurising it since 2009. Instead of solving the problems the present NDA  Government at Centre and on its advise, guidance and directions some of the State governments have engaged themselves only in snatching, diluting, amending the hard earned labour friendly provisions of major labour laws to facilitate the Corporate houses, Multinational Companies and to appease the Regional / Global Financial Institutions. Government have brought amendments in Factories Act 1948, Industrial  Dispute  Act  1947, Trade  Union  Act  1926,  Payment of

 

 

Bonus Act 1965, Payment of Gratuity Act 1972, Minimum Wages Act1948, Child Labour Act 1986, ESI Act 1948, EPF & MP Act 1952, Apprentice ship Act 1961 etc.  It has brought an exclusive Bill for Small Scale Industries in the name of Small Factories Bill 2015. It has also brought model shop and establishment Bill 2015.

 

Comrade Sidhu said on one hand the Government is amending the labour laws on the other in the name of simplification the Government has decided to re-codify 44 Central Labour Laws in 4 to 6 Labour Codes. The Govt. has introduced 100% FD in Railways has enhanced it from 26 to 49% in Bank, Insurance, Defence Production etc and also introduced in other sectors. Despite united, consistent protest it is continuing disinvestment from profit earning Public Sector Undertakings.

 

He added that the trade union movement is passing through a very critical phase. Time is ripe when all central trade unions despite their ideological differences should stand firm on common issues. Hind Mazdoor Sabha is free from any political influence and desires a free democratic independent trade union movement in the country.

 

Convention deplored the lathi charge on Honda workers in Rajasthan, atrocities on Maruti Suzuki India Ltd., Manesar workers, Labour amendment presented in Haryana Assembly and double imprisonment of Pricol workers and passed the resolutions.

 

 

 

 

                                                                                       Harbhajan Singh Sidhu

                                                                                           General Secretary

 

 

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