24 July 2014

Safeguarding Interests of Labourers in Labour Intensive Manufacturing Sector



The Minister of State for Mines, Steel and Labour and Employment, Shri Vishnu Deo Sai has said that the interest of  labourers in terms of wages and other service conditions are safeguarded under various social welfare legislations. Some of the prominent social welfare legislations are as follows:
Ø Payment of Gratuity Act, 1972             
Ø Employees’ Provident Fund & Misc. Provisions Act, 1952
Ø Employees’ Pension Scheme, 1995
Ø Employees’ State Insurance Act, 1948
Ø Minimum Wages Act, 1948
Ø Payment of Wages Act, 1936
Ø Maternity Benefit Act, 1961
Ø Equal Remuneration Act, 1976   
Ø Payment of Bonus Act, 1965
Ø Workmen Compensation Act, 1923
Ø Mines Act, 1952
Ø Factories Act, 1948
Ø Industrial Dispute Act, 1947
Ø Contract labour (Regulation & Abolition)      Act, 1970 
In a written reply in the Rajya Sabha today, Shri Vishnu Deo Sai has said that  as far as the security  in term of  wages to contract labourers is concerned,  under  Rule 25(2)(v)(a) of the  Contract Labour (Regulation & Abolition) Central Rules, 1971, the wages of the contract labour shall not be less than the rates prescribed under  Minimum Wages Act, 1948 and in cases where  the contract workers perform  the same or similar kind of work as the workmen directly employed  by the principal employer of the establishment, the wage rates, holidays, hours of work and other conditions of service  shall be the same as applicable to the workmen directly employed by the principal employer doing the same or similar kind of work. The liability to ensure payment of wages and other benefits is primarily that of the contractor and, in case of default, that of the principal employer. 

Checking Discrimination of Workers in Incorporated Unorganised Enterprises
The Minister of State for Mines, Steel and Labour and Employment, Shri Vishnu Deo Sai has said thataccording to the survey conducted during 2009-10, the total employment in both organized and unorganized sector in the country was of the order of 46.5 crore, out of this number of workers in the unorganized sector including unorganised enterprises ranging from pushcart vendors to home based diamonds and gem polishing operations was about 43.67 crores (93.91%).
In a written reply in the Rajya Sabha today, Shri Vishnu Deo Sai has said that to provide social security to the workers in the unorganized sector, the Government enacted the Unorganised Workers’ Social Security Act 2008. The Act, inter-alia, provides for  formulation of social security schemes viz. life and disability cover, health and maternity benefits, old age protection and any other benefit as  determined by the Government for unorganized workers. The schemes mentioned in Schedule -1 of the Act are as under:
1.                 Indira Gandhi National Old Age Pension Scheme.
2.                 National Family Benefit Scheme.
3.                 Janani Suraksha Yojana.
4.                 Handloom Weavers’ Comprehensive Welfare Scheme.
5.                 Handicraft Artisans’ Comprehensive Welfare Scheme.
6.                 Pension to Master Craft Persons.
7.                 National Scheme for Welfare of Fishermen and Training and Extension.
8.                 Janshree Bima Yojana (Now combined with Aam Admi Bima Yojana).
9.                 Aam Admi Bima Yojana.
10.            Rashtriya Swasthya Bima Yojana.
The Minister said that under the provisions of the Minimum Wages Act, 1948 both the Central and State Governments are the appropriate Governments to fix and revised the minimum wages in the scheduled employment under their respective jurisdiction. Pushcart Vendors and home based diamonds and gem polishing operations do not fall under the jurisdiction of the Central Government. Minimum Wages is ensured by the respective Government under this Act.
Rehabilitation of Freed Child Labourers

The Minister of State for Mines, Steel and Labour and Employment, Shri Vishnu Deo Sai has said that the total number of working children in the age group of 5 to 14 years in the country has declined from 1.26 crore as per the Census 2001 to 43.53 lakh as per Census 2011, which is a reduction of 65%. The sector-wise details on child labour from 2011 Census is not available.

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