Press Releases / Circular

Dated 28.1.2016

Statement

 

Central Trade Unions decide to continue action against Central and State Govts. anti labour policies

 

All India Protest Day on 10th March, 2016 on 12 point charter

 

New Delhi: All the Central Trade Unions met on this 27th January 2016 and resolved to continue their protest action against the anti labour polices of the Central and some State Govts. Central Trade Unions decided to observe 10th March, 2016 as All India Protest Day against Govt. indifference to the 12 point charter of demands and its unwillingness to restart discussions for working out concrete steps for resolution of the issues.

 

The Central Trade Unions reviewed the drastically unfortunate conditions of work and life of the working people and govt. going ahead with labour law amendments, disinvestment of PSUs and allowing FDI in strategic sectors. The Govt., it appears, does not want to wait for legislating these anti worker labour laws amendments, it is taking away rights of workers by way of executive orders and directing state govts to carry out such pro-management amendments. The trade unions condemned one such directive issued by the Secretary, Ministry of Labour and Employment, Govt. of India on this 12th January granting exemption to start up enterprises from inspection and application of 9 major labor law legislations, thereby legitimizing the violations.

 

The Central Trade Unions took note of sectoral struggles in Banks, Defence, Coal, Port and Docks and Telecommunications sectors and Central Govt. employees including Railways resolve to launch action against retrograde recommendations of 7th Central Pay Commission. They also expressed their serious concern over extremely harsh punishment of “double life imprisonment” given by the Court eight workers of Pricol Ltd., Coimbatore and appealed to all workers to extend help and solidarity.

The Central Trade Unions also decided to organize massive Workers Assembly in Talkatora Stadium, New Delhi in the last week of March, 2016 to decide about the next course of action programme.

Fight against anti labour policies will continue. The Central Trade Unions directed its constituents to prepare jointly for protest action on 10th Mach, 2016. They also appealed to independent employees/workers/unions and federations to participate in the protest action against the offensive of the Govt. against workers and common people.

 

BMS                  INTUC                      AITUC                          HMS                            CITU

 

 

AIUTUC             TUCC             SEWA           AICCTU                UTUC                  LPF

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HMS/DEL/           /2016                                                                       January     05, 2016

Shri Rajesh Kumar

Under Secretary to the Government of India,

Ministry of Labour and Employment

Shram Shakti Bhawan, Rafi Marg

New Delhi- 110019

 

Sub:- Tripartite Consultation meeting on Model, Shop and Establishments               (Regulation of Employment and conditions of Service) Bill 2015.

Ref:- Your No-S-25012/6/2015-1SH-11, Dt- 21.12.2015

Sir,

With reference to your above letter we are pleased to submit comments on behalf of Hind Mazdoor Sabha on the proposed Bill as under:-

The existing Act is applicable to non-hazardous manufacturing units employing less than 10 workers where as the Proposed Bill will be applicable on shops and establishments employing 10 or more what will happen to establishments employing less than 10 employees.

2. Back ground: - The term “inadequacy” used for the processes mentioned under S.No. I to 5 is not correct. Fixed timings of opening and closing are applicable everywhere on all establishment, Difficulties in Registration and annual renewal if any should be looked into, Records are maintained everywhere in all organisation provisions of inspections are in conformity of the Act and ILO convention which India has ratified the word “Arbitrariness” is not properly used.

3. Proposal – 3.1

                           3.1.1                   A Model Shops and Establishment Act to be                                                                    formulated by the Union Government, on the pattern                                              of which states will modify their individual Act.

                                                                          No Comment

3.1.2                  covers only establishments employing ten or more              workers except manufacturing units.

                           As stated in para one above what about those                       establishments employing less than 10

3.1.3                 Freedom to operate 365 days in a year.

                          Not agreed one weekly closer should be there

3.1.4                Freedom for opening/closing time of establishment.

                         Opening closing time should be fixed

3.1.5                Women to be permitted during night shift.    

                         Not acceptable it is violation of Act and ILO conventions       4,41,89 which India has already ratified.

3.1.6                No discrimination against women in the matter of    recruitment, training, transfer or promotions

                         No Comment

3.1.7               Online one common Registration through a simplified          procedure

                         No Comment

3.1.8             Power of Government to make rules regarding   adequate measures to be taken by the employer for   the safety and health of workers.  

                     Should be in conformity of international standards

3.1.9               Clean and safe drinking water.  

                        Welcome

3.1.10            Lavatory, Creche, first Aid and Canteen by group of     establishments, in case, it is not possible due to       constraint in space or otherwise by individual   establishment.

                         By group of establishments not acceptable these should       be provided in each establishment separately.

3.1.11             Twelve days casual cum sick leave.

                         both should be fixed separately, casual and sick leave            not “casual cum sick leave”

3.1.12             One day earned leave for every twenty days of work               performed (can be accommodated upto 45 days)

                         OK

3.1.13             Five paid holidays for festivals in addition to three                  national holidays.

                        Should be 10 paid festivals in addition to three national         Holidays

3.1.14            Compensatory leave in lieu of overtime wage.

                       Payment of overtime at a rate of double the Daily wages.

3.1.15          Exemption of highly skilled workers (for example workers employed in I.T., Bio-Technology and R&D division) from. Daily working hours of 9 hrs and weekly working hrs of 48 hrs subject to maximum 125 over-time hrs in a quarter.

                     Duty hour 9 per day and overtime 125 hrs per quarter not acceptable. It will bring extra pressure on workmen which will ultimately be harmful to their health

3.1.16          Facilitators may be appointed by the Government with the following duties –

(i)                  Supply information and advice to employers and workers concerning complying with the provisions of the Act.

(ii)                 Inspect the establishment based on inspection scheme framed by the Government.

                     appointment of facilitator not agreed, no need, duties mentioned under, subclass I and II may be performed by the official presently performing

3.1.17          (1)   Opportunity for compliance of irregularities

                             No comments

                     (2)   Graded punishment

                              No Comment

                     (3)  Irregularities other than safety related are                                compoundable

                             Compounding not agreed

 

4 – Justification :- No comment

The Model shop and Establishment (Regulation of Employment and conditions of service) Act 2015

Chapter I – Preliminary

  1. 1.                 Short little and extent, commencement and application

    (Regulation of Employment and conditions of service) Bill 2015

(a)       This Act may be called the Model Shops and Establishments 

    No Comment

(b)       It extends to the whole of India.

    No Comment

(c)        It shall apply to the shops and establishments employing ten or more workers.

    What about those employing less than 10

 

  1. 2.         Definitions :-

    (a)    “Government”

              No Comment

    (b)   “day”

            No Comment

(c)       “worker”                   

   No Comment

(d)      “Employer”

   No Comment

      

regarding G (i)  Association of individuals

                           no comment

                      (ii) In the case of a company

                            overtime work or holidays or any leave period should not be                                                               wages.

(e)   “establishment”

No Comment

(f)     “shop”

No Comment

(g)   “wages”

   No Comment

(i) any remuneration payable under any award or settlement between the                  parties or order of a court or tribunal

               No Comment

(ii) any remuneration to which the person employed is entitled in respect of                overtime work or holidays or any leave period

      over time work or holidays or any leave period should not be wages.

            (iii) Bonus

                   bonus should also be not included in wages

            (iv) termination of employment

                   no comment

            (v)  entitlement under any scheme

                   no comment

            (vi) house rent allowance

                   House rent allowance should not be included as                                                                         wages.            

(h)   Week :- “or such other night as may be approved in writing for a                       particular area by chief facilitator” be deleted. The definition should be the same as given under factories Act 1948

 

3. The provisions of the Act not to apply to certain persons, shops and establishments

(1) (a) supervisor/should be deleted

      (e) establishments for the treatment or care of the sick, infirm, destitute or      mentally unfit;

            should not be exempted no objection

(2)       Labour department- List of worker to be displaced, copy to be sent to           facilitator

            Word facilitator be replaced by the “official appointed by Labour department           for the purpose

(3)       Powers of the Government to exempt any class of shops and establishment

            Too much powers given to Government may result in misuse and subjective            use of the power

(4)       Withdrawal of exemption by the Government

            Same as under (3)   

4 Saving – OK

Chapter II

Registration of shops and establishments

 

5 Registration of shop and establishment: - If not registered then what?

 Stringent strong action should be taken if not got registered.

 

Chapter III

Responsibility of Employer

 

6. No discrimination on against female worker :- Ok

7. Health and Safety of workers: - Minimum standard of safety and health as per the  provision of ILO convention be maintained.

8. Fixing of hours of work and spread over

(i) The term “urgent nature” should not  be a routine matter only in special circumstances.

(II) Total no. of hours of work in shift

      It should be ensured that 12 hours cannot be a routine

(i)       Total no. of overtime hours  

       Words “one hundred and Twenty five hours” be replaced by 50 hrs

(2) The Government shall make rules to

     (a)  fix the number of hours of work

             OK

      (b)  provide for a day of rest

            OK

      (c)  payment of work, on a day of rest -  

            It should be voluntary

(3) (a) workers engaged on urgent work or emergency -

urgent and emergency should be used “very Judiciously”

      (b) workers engaged in the nature of preparatory or complementary work -

            Only in very exceptional situation which can be justified

      (c) Workers engaged in any work which for technical reasons has to be completed before the day is over  -

           

            As above

      (d) workers engaged in a work which cannot be carried on except on except at            times dependent on the irregular action for natural forces.

            As above

      (e) Highly skilled workers, information Technology, Bio-Technology and Research & Development -

            It should not be generalized

9.   Where any worker is required to work on any day in excess of the number of hours constituting a normal working day, he shall be entitled to wages at    twice the rate of wages.

        Wages for overtime work - Ok

10.   Compensatory leave for overtime work

         Payment of overtime is made at a rate of twice the wages as mentioned in section 9. This section be deleted

 

11. Shift working/rest –

(i) More than one shift may be worked :- placement of adequate manpower as per requirement of the shift

 

(ii) Establishment may work on all days in a week:- One day a week time be given    for maintenance of the establishment

(iii) If denied weekly holiday, the compensatory leave shall be given

If worker is denied weekly holiday which should not be frequent he should be   paid at a rate of overtime work.

(iv) Hours of work in week to be informed to workers and to be sent to facilitator.

       word facilitator be replaced by the “official designated by Labour department for           this purpose”              

Chapter IV

 

Leave and Holidays

 

12. Annual leave, Casual and Sick leave and other Holidays

1. Weekly holiday with wages

            Ok

2. Eight days causal leave with wages

            Ok

3. After working 240 days in preceding year entitlement of PL

     “240” be replaced by 90 day as was proposed in Factories Act 1948

4. If employer refuse to sanction the leave due and applied 15 days in advance      workers can in cash leaves in excess of 45 days

     The words “if the employer……………….. 15 days in advance” be deleted.

5. Worker entitled to eight paid festival holidays in a calendar year

     Word “Eight” should be replaced by ten

 

 

Chapter- V

Welfare Provisions

13- Drinking water:-

       To be provided and maintained at suitable point

        Water should be provided at all floors if the establishment is        multistoried.             Provision of cold water from March to Nov should be added.

14- Latrines and Urinals

       Sufficient latrine and urinal for male and female several employers may provide           common facilitate

       Should be available at every floor number should depend up on employees on              role. 

      Words “Provided that ……………or otherwise” be deleted More than thirty women         workers or fifty or more workers common by group of employers with 1 km    radius

15- Creche :- More then 30 women or fifty or more workers

 

        word “thirty” in first line be replaced by “twenty”

        words “or fifty or more workers” be deleted

           

            Provision of common creche by a group of establishments be deleted, crèches should be with in the premises of the establishment with a trained nurse and equipped with all items necessary for child care including Toys etc. The word Chief facilitator be replaced by “an official designated by labour department”

First Aid.

16 – Every employer shall provide at the place of work first aid facilities -

          OK

 

17-  One hundred workers, group of establishment can provide common canteen             with permission of Chief facilitator.

 

         Canteen – Words “One Hundred” be replaced by “Fifty” words “Provided                       further…………….. in the order” may be deleted

 

Chapter – VI

 

Penalties and Miscellaneous Provisions

 

18 – Appointment of Chief Facilitator and Facilitators and their powers –

         Notification of appointment by Govt. – Not agreed.

(2) Govt. may lay down an web based inspection scheme  –

Not agreed

 

(3) Every facilitator appointed under sub-section – shall deemed to be public servant – The word facilitator be replaced by the “person designated by labour   department.”

 

(4) (i) (a) Duties of Facilitator – Supply information  

           (b) Inspection

(ii) (a) – examine a person

     (b) – require any person to give informally

     (c) – Search, size- etc

     (d) – bring to the notice of the Government

     (e) – exercise such other power

 

Comments :- all the above duties should be performed by the person “designated by Labour department”

 

(5) A person legally bound to produce any document or to give any information required by a facilitator under sub-section (4) under section 175, 176 of IPC

Comments :- all the  above duties should be performed  by the person “designated by Labour department” -      

 

word facilitator be replaced by “The official designated by the labour department” be used at all places

 

(6) OK

 

19 – Maintenances of register and records – The word “Facilitator” be replaced by the “official designated by the Labour department”

 

20- Annual Return – Ok defaulter should be taken up seriously

 

21 – Penalty for contravention of Provisions

 

(1)    Words provided that …….. per worker be deleted

 

(2)    Repeated defaulter should be awarded stringent punishment of minimum 6 months imprisonment.

Ok

22- Penalty in the accidents- The word or between “months” and “with” be replaced by “and”

23 – 1. Penalty for obstructions – The word facilitator may be replaced by “person designated by the labour department” where ever it is used.

2. Same as under 23(1) – words from Provided that..............per worker employed be deleted

24- Cognizance of offencesPeriod of limitation should be extended from 3 month to one year. The word facilitator where ever used be replaced by the words “person designated by the labour department”. Limitation for offences pertaining to disobedience of written order made by the person designated by labour department should be enhanced from six months to 2 years.

25 – Compounding of offences – Whole section be deleted no compounding be allowed.

26 – Protection of officers and their agents from personal liability – No such protection be given. The loss suffered by the effected employees be compensated by the employer including 18 % interest for the period of delay of payment.

27 – Power to grant exemptions – No Comment

28 (1)

      (2)

      (3)                       OK

      (4)            

     

Thanking you                                                                                     Your faithfully

 

 

                                                                                                                Harbhajan Singh Sidhu

                                                                                                               General Secretary

 

 

 

         

 

 

 

 *******************************************************

 

 

PAYMENT OF SIP TO BHEL EMPLOYEES

MINIMUM Rs 15000 – MAXIMUM – Rs 20208

A meeting of BHEL Management and the trade unions was held on 4/11/2015 at India Habitat Centre New Delhi. The issue of amount to be paid as SIP was discussed at length. The Management informed that BHEL was in loss of 38% in the last year and for the year under reference the loss has gone to 59% so the BHEL was not in a good position. After detailed discussions the payment as given below was agreed. Com. Harbhajan Singh Sidhu General Secretary Hind Mazdoor Sabha pleaded Very Strongly in the meeting.

 

A1 –   B1              =      15000 

A2 –   B2              =      15000

A3 –   B3              =      16736

A4 –   B4              =      17025

A5 –   B5              =      17315

A6 –   B6              =      17604

A7 –   B7              =      17893

A8 –   B8              =      18472

A9 –   B9              =      19051

A10 – B10            =     19629

A11 – B11            =     20208

A12 – B12            =     20208  

Date of Payment =    9/11/2015

 

 

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Respected  Bandaru Dattatreya,

With reference to your D.O. letter No.51040/4/2015-IR(PG) dated 1st September, 2015, I , on behalf of millions of workers would like to submit that: we agree with the contents of para 2 and 3 of your letter to the extent that meetings were organized but definitely not with the intention of coming to positive conclusion.

Point wise comments are given hereunder:

  1. You may be aware that it was unanimously decided in 46th ILC that decision of 43rd, 44th & 45th ILC pertaining to Minimum Wages,  scheme workers, contract workers will be implemented in letter and spirit. Minimum wages were to be fixed on the basis of recommendations of 15th ILC and as per guidelines given by the Apex Court in 1992. There was no mention of national floor level minimum wages as mentioned in Sl.No.1 of your Do. We demanded uniform National Minimum Wage (Price Index linked) of Rs.15,000/- p.m. Wage proposed by the Inter Ministerial group was nowhere near our demand and now your D.O. letter says Government is considering amendments in Minimum Wage,  How confusing it is.
  2. The Hind Mazdoor Sabha and for that purpose all other Central Trade Unions have demanded removal of ceiling on the eligibility and calculation of Bonus not the enhancement of ceiling. There is no mention of EPF and increase in quantum of gratuity in your D.O letter.
  3. Regarding Social Security the Central Trade Unions have demanded universal social security cover to all workers. There is no mention of millions of workers working as domestic worker, home based workers, street vendors, agricultural workers, ragpickers, Kiln workers and many more workers engaged in different occupations in unorganized or informal sector. Regarding proposed amendments in EPFO and ESIC etc. Hind Mazdoor Sabha has expressed its disapproval because these are aimed at allowing private players in these two prosperous, smooth working organizations that have developed with the cooperation of workers and employers not by any assistance from Government. No details of steps taken by the Government are given.
  4. The central trade unions demanded stoppage of contractorisation in permanent, perennial work, regularization of those engaged as contract workers payment of same wages and other benefits at par with their permanent colleagues doing same work. The issue has been discussed in 42nd and 43rd ILC which is the apex body. Last three lines of the para speak a lot we fail to understand when the issue has been discussed in ILC what is the need of any further consultation and why any committee is to be constituted to look in to the aspects to paying the same wages to contract workers as that of a regular workers doing same job It was decided in 43rd ILC that “All efforts should be made to ensure that the existing provision of the Contract Labour(Regulation and Abolition) Act, 1970 and Rules made there under are implemented in letter and spirit. The provision of similar wage rates, holidays, hours of work, social security and other conditions of service of contract labour shall be the same as are available to the workmen on the roll of Principal Employer are there in the Rules.
  5. We demanded Rs.3,000/- per month minimum pension for entire working populace. Your reply speaks of enhancement of Minimum Pension to only EPFO  members to Rs.1000/- per month which was actually decided by UPA , could not be notified due to Model Code of Conduct, announced by NDA, withdrawn and after great pressure it was restored to Rs.1000/- per month only. What about those who are not members of EPFO?
  6. Regarding labour law reforms Hon’ble Prime Minister in the meeting with leaders of Central Trade Unions at his residence on 19th July, 2015 assured that the government was fully committed to Tripartite consultation and that no labour law will be amended without prior consultation with Central Trade Unions. He repeated the same in his inaugural address of 46th Session of ILC \. The Hon’ble Prime Minister on the contrary announced from Red fort during his Independence Day address that the government had decided to consolidate 44 Central Laws in four Labour codes. May I dare to know whether any discussion was done with the workers representatives on this issue prior to the announcement by the Prime Minister of largest democracy of the world? If not how ;would you match his assurance of 19th July, 2015, repeated on 20th July in 46th ILC with Independence Day announcement. Let us hope your recent assurance of continuous tripartite consultation for any proposed change in Labour Laws will be implemented in letter and spirit.
  7. Regarding strict adherence to Labour Law enforcement, on one hand advisories have been issued for strict implementation of labour laws on the other hand amendments are proposed/done to grant exemption on several counts such as from furnishing return and maintain register, small factories are granted  exemption from almost all major Labour Laws, thrush hold limit of workers employed enhanced in case of Factory/Small Factory , contract workers, under section 25k of chapter 5 B of ID Act 1947 from 100 to 300 to bring more than 70% of the units out of coverage of any statute both are contradictory
  8. Central Trade Unions demanded generation of employment. There is no progress in this regard.
  9. This is not included in 12 point Charter of Demand.

10. Fact mentioned under 10 shows that the government does not have real information at ground level. It says inflation is lowest in many years and mentioned only two items where prices have gone up i.e. onion and pulses. Fact is, it has failed to control prices of all essential commodities.

11. Hon’ble  Finance Minister was really very sweet, positive and assuring but did not provide details of that so called very pragmatic economic agenda for the benefit of every one especially those who are poor and disadvantaged. The only agenda we have so far seen is Government working on how to help Corporate House and to dilute or delete labour friendly provisions.

12. 100% FDI in Railway and Dr. Deb Roy Committee report if implemented will destroy the whole network of Indian Railways and will adversely affect the rail workers and the users. It is a well thought attempt to bring private players and to hand over the Railways to them in phased manner.

13. Argument favouring FDI in Defence is not convincing. We cannot compromise national interest especially concerning national security.

14. Invite the FDI in Insurance and financial sector from 26% to 49% not acceptable.

Registration of Trade Union and ratification of ILO convention 87 and 98:-  Sir your D.O. letter is silent on very important issue of compulsory registration of Trade Union within 45 days and ratification of ILO convention 87 and 98 mentioned in our charter of demands It is also silent on lifting ban on creation of new post in Government department and PSUs which was discussed in 46th ILO at length.

We hope your good self will honour the Hon’ble Prime Minister’s Statement referred in last para of your D.O. letter and will engage all stakeholders in meaningful ;social dialogue.

With best regards,                                                                           

Yours sincerely,

                                                                                                                Harbhajan Singh Sidhu

General Secretary

 

Shri  Bandaru Dattatreya,

Hon’ble Minister for Labour & Employment,(Independent Charge)

Shram Shakti Bhawan,

Rafi Marg, New Delhi -110019

************************************ 

ONE DAY NATION-WIDE GENERAL STRIKE – A GRAND SUCCESS

Port & Dock, Defence, Coal, Public Sector Undertakings, Banks, Insurance, Road Transport, All Workers of Organised and Unorganised Sector Observed Strike

Barring minor violent, incidents and attempt of using force the Strike generally peaceful

Sidhu Congratulates Working Class - BMS Breaks the Trade Union Solidarity

PRESS NOTE

New Delhi –September 2, 2015

The Joint Action Committee of 11 Central Trade Unions of the country organized a National convention of workers at New Delhi on 26.5.2015 wherein a Joint Declaration was adopted with 12 points Joint Charter of Demands. It was decided to observe one day nationwide General Strike on 2nd September, 2015 as a protest against anti-workers policies of Government. Of late the Government started negotiations. A Committee of Ministers under the Chairmanship of Shri Arun Jaitely, Finance Minister was constituted. Several rounds of talks took place last being on 26-27 August, 2015.

During the meeting the Government side presented the latest agenda wise position of the progress.

Minimum Wages:

It came out with the comment that appropriate legislation for making formula based Minimum Wage mandatory and applicable” would need. However, they calculated Minimum Wage as Rs.7100/- per month (Floor wage not based on concept of Minimum Wage) which would be implemented after consultation with other stake holder while calculating the amount they showed Dal Rs.60/-, per kg, vegetable Rs.16/- per kg, Milk Rs.33 per liter, edible oil Rs.80/- per kg, non-veg Rs.80/- per kg, cloth Rs.60/- per meter. When asked where these rates exist? The Labour Secretary told data was collected in Jharkhand. Why Jharkhand ? There was no reply.

On the issue of checking price rise and inflation the Government said it has come down but for a common man there is no relief what so ever –

Unemployment and employment generations – No concrete measures have been taken for containing unemployment or employment generation.

Implementation of Labour Laws – On strict enforcement of all basic labour laws without exception or exemption and stringent punishment instead of considering it the Government either amended, exempted or deleted the labour friendly provisions of major labour laws.

Contract Labour – Trade Unions demanded no contractualization on permanent nature of work. All contract workers be regularized. Till regularization they should get pay, allowances and other benefits at par with their regular counterpart doing the same work in same unit. This was also not agreed by the Government.

Labour Laws Amendments – If all proposed amendments are implemented more than 70% of the Industries and Establishment will not be covered under any Labour Law – No comment by the Government side.

Pension to all – Trade Unions demanded Rs.3000/- P.M. as pension to all workers. Not agreed by the Government

Scheme workers – Trade Unions demanded regularization of scheme workers – No commitment by Government

Disinvestment from PSUs – Government not agreed.

All Central Trade Unions met in the office of INTUC at New Delhi on 31.8.2015 to review the situations and it was decided that since Government has not come out with any concrete proposal on any issue the Trade Unions should go for one day nationwide General Strike on 2nd September 2015. BMS also participated in the meeting.

At this stage Bhartiya Mazdoor Sangh came out with a suggestion to give some more time to the Government. The suggestion was not approved by other Trade Unions and BMS decided not   to support but to oppose the Strike.

It is relevant to mention here that all Central Trade Unions have been perusing this Joint Charter of Demands since 2009. Government during this period tried to break this solidarity but failed. The trade union solidarity in India became a issue to be referred at Global level by Global Agencies also. We were proud of this solidarity which has now been cracked by the unwise, political decision of Bhartiya Mazdoor Sangh which till 27th August supported and delivered speeches, issued statements strongly in support of the Strike.  

Despite BMS withdrawal it is reported that nearly 150 million workers from 10 Central Trade Unions went on strike today. The strike was complete in Port & Dock, coal, almost complete in Defence, Bank, Insurance, Public Sector Undertakings including BHEL, Strike was reported successful in Haryana, Punjab in unorganized sector, Himachal Pradesh, Tamil Nadu, Andhra Pradesh, Telangana, Rajasthan, Madhya Pradesh, Major parts of U.P., Jharkhand, Chhattisgarh, Odisha where even courts were closed as the Bar Council has taken decision to participate in Strike.   

Barring few incidents of violence and use of force at place like West Bengal, Kanpur in UP the strike was more or less peaceful.

Comrade Harbhajan Singh Sidhu, General Secretary, Hind Mazdoor Sabha in a statement congratulated the working class of the nation for their valuable contribution in making the strike successful, warned the Government to wake up and take care of working class, Genuine long pending Demands. He said ABHI TO LEE ANGRAI HAI AAGE BADI LADHAI HAI (This is just beginning of a long battle ahead). He termed Bhartiya Mazdoor Sangh decision to quit as unfortunate, “stabbing in Back” and Political. He appealed workers to support Trade Unions which are not been guided or dominated by political guardians. He stressed the need of free, independent, democratic trade union movement in the country.

He thanked the public in general for their support. Railway employees on the call of AIRF organized demonstration across the country in support of Strike.

                                                                                       

                                                                                          Harbhajan Singh Sidhu                                                                                              General Secretary

 

 

 

 

 

PRESS RELEASE

Editor

 

A National Convention of Workers was jointly organized by all Central Trade Unions, Federations on 26th May, 2015 at Mavlankar Hall, New Delhi to oppose the anti workers policies of Central as well as of some state governments like Rajasthan, Gujarat etc.

Sea of workers from organized and unorganized sectors men and women could be seen on different roads of the city leading to the venue with Banners, Caps, Clippings pertaining to their demands. The Convention was presided over by a presidium consisting of senior leader of all Central Trade Unions.

Comrade Harbhajan Singh Sidhu, General Secretary, Hind Mazdoor Sabha in his address criticizing the anti worker, anti people and pro employer, pro corporate policies of the present NDA Government and on it’s support by some State Governments said the Prime Minister during the election speeches for 16th Lok Sabha elections made high promises of  bringing back the black money staked by Indians in Foreign countries,  providing house with basic amenities to each family,  controlling prices of essential  commodities, checking inflation, providing decent employment to all youth, etc,. after swearing in ceremony he said he will be pradhan sewak not pradhan mantri available to all, and that his Government will be Government of the common people, he also expressed faith in  Shram Ev Jayate, but from day number one his Government is engaged in sweeping changes in  labour friendly hard earned workers rights in major labour laws, unilaterally. It has brought amendments in  Factories Act 1948, Minimum wages Act 1948, EPF and Miscellaneous Provisions Act 1952, SI Act 1948, Trade Union Act 1926, Payment of Bonus Act 1965, Industrial Disputes Act 1947, Exemption of certain establishment from submitting returns and maintaining registers Act raising the number of laws getting exemption to 16 under exemption of certain establishment from furnishing return and maintain Registers. It has brought an exclusive Bill for small factories in the name of Small Factories Bill 2014.

He said, India is founder member of ILO has ratified ILO Convention 144 on Tripartite Consultation, had its own Tripartite mechanism in the name of Indian Labour Conference but this Government has shown thumb to all the above. Com.Sidhu said the Govt. has failed on all fronts, it has enhanced Foreign Direct Investment from 19% to 49% in Insurance and defence production and has introduced 100% FDI in Railways. It has brought land acquisition Bill  to acquire land from farmers without their consent and  then hand it over to private players in long run.  Com. Sidhu said that there is grave resentment among workers of different sectors like Rail, Insurance, Port and Dock, Coal, Postal, Bank, BSNL etc. they are being compelled to decided to go for a  decisive battle if their long pending demands are not addressed by the present Govt.

The Convention also showed its concern on not  implementation of consensus decisions of 43, 44, 45th Indian Labour Conference. Com.Sidhu said Prime Minister has time for corporate people but could not spare time for trade unions during one year regime. The role of Government has changed from custodian of workers rights to an agency providing them  conducive environment for hire and fire to employers with the help of labour department.

He said that workers are not going to tolerate. A common plan of action was finalized in the convention accordingly. Joint Convention and campaign will be conducted at State and District level in June and July and if demands are not met the All India General strike on 2nd September, 2015. All senior leaders of Hind Mazdoor Sabha participated in the Convention with activists. Hind Mazdoor Sabha was in the  driving seat. A declaration was adopted in the Convention.

 Harbhajan Singh Sdhu

 General Secretary

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NATIONAL CONVENTION OF WORKERS

26th May 2015, NEW DELHI

 

DECLARATION

 

This National Convention of Workers being held under the banner of joint platform of all the Central Trade Unions of the country along with independent national federations of all sectors and service establishments express deep concern over anti worker, anti-people and pro-corporate actions of BJP led NDA Govt. at the Centre in pursuance of the policy of globalisation. During this period the Govt. has been over-busy in amending all labour laws to empower the employers with unfettered rights to “hire and fire” and stripping the workers and trade unions of all their rights and benefits besides aggressively pushing through almost unlimited FDI in strategic sectors like Railways, Defence and Financial Sector. Also, through sweeping changes in the existing Land Acquisition Act, farmers’ right to land and agri-workers’ right to livelihood are been sought to be drastically curbed and curtailed.

The Govts’aim in aggressively pushing through sweeping changes in labour-laws is nothing but to push out overwhelming majority of workers out of the coverage of all labour laws and to drastically curb the trade union rights. The CTUs had besides other issues raised the issue of strict enforcement of labour laws and universal social security but this Govt. is doing away with all rights-components in all the labour laws aiming at creating conditions of bonded labour in all the workplaces. EPF and ESI schemes are proposed to be made optional which is also aimed at demolishing the PF and ESI schemes dismantling the basic social security structures available to the organized sector. And for the vast unorganized sector workers, old schemes are being repackaged and renamed, without providing for funds and implementation-machinery/network with a view to befool the people. The Govt. has not taken any step to curb price rise of essential commodities and to generate employment except making tall claims of containing inflation in the media. On unversalising public distribution system, the Govt. is trying to scuttle it through Direct Benefit Transfer resulting further squeeze on the common people. 

During the year the present Govt. has allowed Rajasthan Govt. to get Presidential assent on amendments in Industrial Disputes Act, Contract Labour (Regulation & Abolition) Act, Factories Act and Apprenticeship Act introducing “hire & fire”, throwing more than 71% of factories out of coverage of Factories Act and making all contractors employing up to 50 workers free from any obligation towards workers. Encouraged by it the State Govts like MP, Gujarat and Maharashtra, Andhra Pradesh have sent for approval the more drastic pro-employer amendments in labour laws. The Central Govt. on its part has introduced amendments to Factories Act raising doubly the limit of workers for registration of factories, put in pu

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