Wednesday, March 21, 2012

WFTO LETTER TO INDIAN PRIME MINISTER



WORLD FEDERATION OF TRADE UNIONS
Athens, February 24, 2012
To:
Dr. Manmohan Singh
Hon. Prime Minister,
Government of India, New Delhi, India
Dear Mr. Prime Minister,
We address you this communication from the World Federation of Trade Unions, the premier International Trade Union organization representing workers in 120 countries from all the continents. Needless to add that we also represent about 10 million workers in India encompassing major Central Trade Unions like AITUC and CITU as well as TUCC, AICCTU, AIUTUC etc. besides number of workers in various sectors and industries.
We are concerned to write to you because we observe that the various economic policies being pursued by Indian Government are adversely impacting the living conditions and livelihood of the common masses of workers. We are aware that India is a fast emerging economy in the world and its more than 400 million workers are a great human asset in shaping the country as a strong and vibrant economy.
But it is distressing and disappointing that the workers are being denied of their legitimate and justified share out of the prosperity and progress. On the other hand workers are confronted with problems of huge job losses, retrenchments and lay-offs, underpayment of wages, elongated working hours, denial of basic trade union rights, violation of labour statutes, outsourcing and contractualsing regular jobs, denial of social security benefits, denial of maternity benefits for women workers, exploitation of unorganized workers, increased peril to jobs and job security, etc. In short workers are being treated unfairly and without equity and justice.
It is also a matter of intrigue that while India is a founder member of ILO, Resolutions like Conventions 87 and 48 relating to right of association and organizing trade unions, etc. are yet to be ratified by the Indian Government.
Further, in the anxiety to pursue the policies of globalization and liberalization, the welfare of workers is being ignored. Labour is said to be an equal partner in development and progress but ostensibly, the scales are not held evenly.
It is in this situation, after repeatedly drawing the attention of the Government to correct the situation and having failed to get any positive outcome, the entire trade union movement and workers class of India has risen as one man to register their stout opposition to these policies through a General Strike on 28, February, 2012.
The fact that all the Central Trade Unions have come together and jointly given the call for the strike action itself is a pointer to the deteriorating conditions of the labour class in India and the concern of the trade unions to espouse their cause. It is expected that nearly 100 million workers will be joining this protest action to press their 10 point charter of demands.
From the World Federation of Trade Unions, we express our full support to the working class of India and total solidarity with the trade unions who have given the call for the strike. We urge upon the Government of India to appreciate the genuine concerns of the trade unions and take all steps to protect the interests of the workers and address the demands of the traded unions.
Thanking you,
Yours sincerely
Sd/-
GEORGE MAVRIKOS
GENERAL SECRETARY

RTI QUERIES DON'T AFFECT GOVT. WORK



The time spent by government officials replying to RTI is so little that it cannot be a pretext for them to shirk that task


RTI Queries Don't Affect Govt. Work
In August 2011, the Supreme Court made an observation which had some unintended consequences on the Right to Information (RTI) process. The judgement by Justice R.V. Raveendran is turning out to be a seemingly legitimate excuse for government officials to restrict information.
Aditya Bandopadhyay went to court when the Central Board of Secondary Education declined to provide his examination answer sheets under the RTI Act. While the court allowed access to answer sheets, it also observed that the cherished right to information should not affect administrative efficiency.
In his judgement, Justice R.V. Raveendran said: “The nation does not want a scenario where 75 percent of the staff of public authorities spends 75 percent of their time in collecting and furnishing information to applicants instead of discharging their regular duties. The threat of penalties under the RTI Act and the pressure of the authorities under the RTI Act should not lead to employees of public authorities prioritising information furnishing at the cost of their normal and regular duties.” Government officials are now using this excuse with increasing frequency saying that even the court agrees. Central Information Commissioner Shailesh Gandhi says 75 percent government staff spending 75 percent of their time on giving information would mean 56 percent (0.75 X 0.75) of their total time spent only on replying to RTI queries.
mg_63860_rti_280x210.jpg
Gandhi says that at the most optimistic estimate not more than one crore RTI applications are likely to be received by all public authorities across the country in 2012. The average time to attend to each would be less than three hours. That means no more than three crore hours spent by all officials.
Assuming that an average government employee works for just six hours a day for 200 days a year, it would mean he would work for a total of 1,200 hours in a year. That means 25,000 (3 crore divided by 1,200) employees would be required full time. The Centre and all state governments have about 1.2 crore employees. So, the total time spent by government employees on replying to RTI queries would be 0.208 percent (25,000 divided by 12,000,000).
In other words, no more than 4.6 percent officials are spending 4.6 percent of their time on giving information. This is based on conservative assumptions. Surely, government officials work for more than six hours a day! Doesn’t look like they have much space to hide.

TRIPARTITE LABOUR CONFERENCE DECISION Minimum Wages Act Coverage for all Employments



            Raising the Wage Ceiling in the Employees Provident Fund, Enhancement of Pension under Employees Pension Scheme 95, Portability of PF Account, Reduction in the Requirement of Minimum Continuous Service, Etc.
            Stress on Matching the Large Scale Skilling Targets with Creating Similar Number of Openings in the Area of Employment
            Maternity Leave Under the Maternity Benefit Act be Increased from the Present Level of 12 Weeks to 24 Weeks
                Union Labour & Employment Minister Shri Mallikarjun Kharge today detailed about the recommendations made during the 44th  Indian Labour Conference concluded at Vigyan Bhavan, New Delhi. Addressing the media persons he said this Session of the Indian Labour Conference had elaborate discussions on three agenda items - (i) Minimum Wages (ii) Social Security and (iii) Employability and Employment.
            The Conference was inaugurated by Hon'ble Prime Minister of India.   The Conference was attended by Labour Ministers from 14 State Governments. All the major 12 Central Trade Union Organisations and 6 major employers' organisation participated in the Conference.  Besides, senior officials from 23 Central Ministries and all State Governments/UTs attended the Conference.  The International Labour Organisation Experts based at Delhi were also present.
            Shri Kharge referred the Prime Minister inaugural address in which he emphasized the great importance that the UPA Government attaches to the promotion of healthy industrial relations and well being of our workforce. 
            Shri Kharge said   our huge unorganized sector poses great challenges in ensuring quality employment and extension social security coverage.  Minimum Wages are an important means of protecting the interest of the workers were not in the formal sector.  Our flagship health insurance scheme "Rashtriya Swasthya Bima Yojana" has covered 2.5 crore Below Poverty Line families and this Scheme is being extended to cover other category of workers.                                                                         
         According to the minister the Conference Committee on "Minimum Wages" recommended that the Minimum Wages Act should cover all employments and thus facilitate India's ratification of ILO's Convention No.131.  There was convergence of views towards making National Minimum Wages and make it applicable to any employment irrespective of the number of workers engaged.  Objective suggestions were made for linking minimum wages with NSSO Consumer Expenditure Survey and inflation.
            Also the Conference Committee on "Social Security" had very focused discussion and came out with specific recommendations in the areas of raising the wage ceiling in the Employees Provident Fund, enhancement of pension under Employees Pension Scheme 95, portability of PF Account, reduction in the requirement of minimum continuous service, etc.   The Committee addressed the gender issues by recommending enhancement of maternity leave.  The MSME Sector and unorganized sector workers received special attention of the committee members.  Our Ministry's RSBY Scheme has achieved a lot of success and various recommendations were received for bringing other category of workers under its coverage and adding other type of benefits in addition to the existing ones.
            Moreover, the Conference Committee on "Employability and Employment" recommendations laid stress on matching the large scale skilling targets with creating similar number of openings in the area of employment.  Labour intensive industries need to be promoted and protected.  The forthcoming National Employment Policy should be able to provide enabling framework for facilitating employment generation and decent work in the unorganized sector.  The Labour Market Information System should give real time information about skill requirements and skill availability. Other innovative suggestion were bringing the traditional skills under the certification system and involving MSMEs in skill development.  The road map for skilling 500 million persons by 2022 should be finalized in consultation with the tripartite partners.
            Shri Kharge said, this Session of the Conference carried forward the rich tradition of healthy social dialogue, spirit of accommodation and keeping interest of our workforce as the top most priority.   The tripartite partners have shown full concern to the important responsibility we have towards our country's growth and safeguarding the basic interest of our workers.  We will be very closely following up with the implementation of policy solutions arrived at the Conference and the same will be reviewed in the meeting of the next Standing Labour Committee.
         The Recommendations of the Conference Committee on Employability and Employment are:
1.      Employment generation and Employability should be top agenda of the Govt.
2.    Though lot of focus  is  being laid on training of 500 million persons by 2022, there is a need to take appropriate measures for creation of employment opportunities to offer the matching employment.
3.     There is an urgent need to declare the National Employment Policy in order to provide enabling framework for facilitating employment generation and decent working conditions for all.
4.      Investment in labour intensive industries should be promoted and incentivised.
5.     Labour Market Information System should be established to get skill requirement from the industry and available skills from the institutes. In this regard, employment exchanges may be modernized for providing virtual job market on real time basis.
6.    Skill mapping should be done at the local level and inventory of skill assets should be created.
7.    ITIs should also focus on sectors beyond manufacturing and should concentrate on service sector. There is urgent need for quality assurance measures in training of ITIs and instructors.
8.    Emphasis should be laid on development of infrastructure including storage, processing and marketing in rural areas and agro-based industries.
9.    ITIs should focus more on popular trades keeping in view the requirement of the local industries.
10.  Institutional arrangements for providing training in traditional skills should be encouraged and may brought under certification system.
11.  Public awareness programme should be taken up, particularly in rural areas regarding the importance of skill development and certification of traditional skills.
 12.  There should be functional and spatial integration of State and Central infrastructure and other available resources for optimal utilization of resources.
13.  MSMEs should be encouraged and supported to participate in the skill development efforts.
14.  Stipend of apprentices under the Apprentices Act should be enhanced.
15. Existing and new Centres of Excellence/Clusters in traditional crafts should be strengthened and provided support in terms of marketing, credit, new technology, etc. to promote self-employment.
16.  Barriers should be removed from skilling and certification of illiterate and uneducated workers.
17.   Entrepreneurship and self-employment should be encouraged by providing necessary support.
18.  Existing employment in the unorganized sector should be safeguarded by assuring access to natural resources for those sectors dependent on them.  In order to increase their productivity, appropriate advanced tools and technology for traditional producers should be developed.
19.   Skill development should be promoted among the women and differently-abled persons.  To increase participation of women in skill development, special measures should be taken.
20.   Centres of Excellence should be established at the national and State levels  which  will produce world-class technicians.
21. National level consultation with all the stakeholders should be held immediately to finalize the road-map for preparing skill development plan leading to skilled force of 500 million persons by 2022.
22.  Comprehensive steps should be taken to create environment for employment generation and protection.
23.    Trainers should be trained in large numbers to meet growing requirement.
                During the Conference a Committee was constituted to discuss Agenda Item No.(i) concerning Minimum Wages  and related issues. These issues, inter alia, include norms for fixation/revision of minimum rates of wages, Variable Dearness Allowance(VDA),  National Floor Level Minimum Wages etc. On the basis of detailed discussion, the following points emerged.
1.  There was consensus that the Government may fix minimum wages as per the norms/ criteria recommended by the 15th ILC (1957) and the directions of the Hon'ble Supreme Court (Repttakos Co. Vs Workers' Union) 1992.  The Government may take necessary steps accordingly.
2. There was a broad consensus that the Minimum Wages Act should cover all   employments and the existing restriction for its applicability on the scheduled employments only should be deleted. This will also help India ratify ILO Convention No.131.
3.  It was broadly agreed that there should be national minimum wages applicable to all employments throughout the country.
 4.There was broad agreement on the amendment proposals as listed out in Para 5(iv,  v & x).
 5.  In respect of 5 (iv), it was pointed out that the payment  to the apprentices should   be treated differently from the other categories.
 6.The Committee noted that at present there are 12 States/UTs who have not adopted  VDA. There was a broad consensus that all States/Uts should adopt VDA.
 7. It was also recommended that the payment of minimum wages should be done through Banks/Post Offices etc.
 8. As regards 5(vi), it was felt that the enforcing agencies should not be given the power of adjudication and, therefore, this proposal should be re-examined.
9. The proposal of paying different minimum wages in respect of same employment    either in the Centre or in the State should be done away with.
          A Conference Committee was also constituted to discuss the agenda item No. (iii) i.e. "Social Security".  On the basis of detailed discussions, the following points emerged :-
(i)        There was a broad-based consensus that the wage ceiling for the application of EPF Act be increased from the present level of Rs.6,500/- to Rs.10,000/- or Rs.15,000/- as already applicable for the ESI Corporation.  Similarly, the ceiling for workers covered under EPF Act be reduced from 20 to 10.  However, Laghu Udyog Bharati was not agreeable to this reduction in ceiling of number of workers.
(ii)        Minimum pension under the EPS 95 be increased to some floor level, which should not be less than Rs.1,000/-,  since a large number of workers receive pension which is less than that provided by the State Governments for elderly people which is normally in the range of Rs.400/- to Rs.1000/-.
(iii)      The PF Accounts be computerized urgently so that the workers are able to avail the facility of PF transfer and settlement immediately. Smart Cards like RSBY be issued to PF account holders.
(iv)          Minimum ceiling of 5 years of continuous service be reduced in case of gratuity and gratuity be made transferable in case of change of job by the employee.
(v)       The maternity leave under the Maternity Benefit Act be increased from the present level of 12 weeks to 24 weeks.  Thsis increased maternity benefits be made available only upto two children, while the lower limit be continued for more than two children.
(vi)       Accountability on the part of organizations implementing the social security schemes be fixed in order to ensure that the beneficiaries receive the deliverables in time.  Citizen Charters for these organizations be finalized early.
                ST/-
(Release ID :80348)PIB

JOINT CONSULTATION AND COMPULSORY ARBITRATION FOR CENTRAL GOVERNMENT EMPLOYEES. THE MACHINERY FOR JOINT CONSULTATION AND COMPULSORY ARBITRATION



           The Scheme for Joint Consultation  and Compulsory Arbitration for the Central Government Employees was introduced in the year 1966 on the lines of the Whitely Councils of the United Kingdom.  This is a declaration of joint intent regarding the common approach of the Government of India on the one hand and the employees' organisations on the other for joint consultation and smooth working.  The basic objectives of the Joint Consultative Machinery (JCM) are as under:-
       To promote harmonious relations between the government and its employees.
●To secure the greatest measure of cooperation between the government in its capacity as employer and the general body of its employees in matters of common concern; and
●To increase the efficiency of the public services, through a collaborative endeavour, to narrow the area of "unresolved differences" and widen the ambit of agreement on substantive issues of common concern.
The JCM scheme  provides for a three tier machinery:
(i) the National Council as the apex body; (chaired by the Cabinet Secretary)
(ii) Departmental Councils at the level of individual Ministries / Departments including their attached and subordinate offices and  (chaired by respective Secretaries)
(iii) Regional / Office Councils to deal with mainly the local problems at the level of each individual office, depending on its structure. (chaired by Head of office of respective organisations) The scope of the JCM Scheme includes all matters relating to:
●conditions of service and work,
●welfare of the employees and
●improvement of efficiency and standards of work, provided, however, that
(i) in regard to recruitment, promotion and discipline, consultation is limited to matters of general principles; and
(ii) individual cases are not considered.
       Under the scheme, there have been continuous interactions with staff unions at the national level as well as at the departmental level and a number of important issues have been resolved amicably through mutual discussions. Forty five meetings of the council have been held since the inception of the scheme in 1966.
Standing Committee - There have been frequent interactions with the staff side through the meetings of the Standing Committee of National Council (JCM). Many issues of the employees of the major ministries / departments like Ministry of Railways, Ministry of Defence and Department of Posts have been resolved through negotiations and interactions with the unions / federations at the departmental level.
During the year 2008, a meeting of Standing Committee of the National Council (JCM) has been held on 7 March,2008. A special Standing Committee meeting to discuss the items relating to 6th Central Pay Commission was held on 7 May, 2008. A meeting under the Chairmanship of Cabinet Secretary was held on 17 May. 2008 with the Standing Committee members to discuss issues relating to the 6th Central Pay Commission.
Arbitration - An important feature of the JCM Scheme is the provision for arbitration in cases where there is no agreement on an issue between the official side and the staff side on matters relating to:-
●pay and allowances;
●weekly hours of work; and
●leave of a class or grade of employees.
Board of Arbitration (BOA) - A  Board of Arbitration (BOA) comprising a chairman (who is an independent person) and two members,(nominated one each by staff side and official side) is functioning  under the administrative control of the  Ministry of Labour.  Awards of the Board of Arbitration are binding on both the sides, subject to the over-riding authority of the Parliament to reject or modify the awards.  Under JCM scheme, 259 references have been made to the Board so far, for settlement. Out of these 257 have been decided by BOA.  Most of the awards which were in favour of the employees, have been implemented, except a few which could not be accepted due to adverse affect on national economy / social justice.
      The details of the break of 257 cases decided by the Board of Arbitration is given in table one and action taken by the government on 177 cases are given in table 2:-
TABLE -1 BREAK-UP 0F 257 CASES DECIDED BY BOA
Demands of Staff Side accepted partially or fully by Award Board of Arbitration
Demands Staff Side rejected by BOA
Withdrawn by Staff Side dismissed
Amicably settled/without any
Disposed of by BOA
177
49
19
7
TABLE-2 ACTION TAKEN BY THE GOVERNMENT ON 177 CASES
(MENTIONED IN FIRST COL OF TABLE.1 ABOVE)
No. of Awards accepted and implemented by the Govt.
No. of Awards pending with the Parliament/Government
No. of Awards rejected with the approval of Parliament
156
16
5



JOINT CONSULTATION AND COMPULSORY ARBITRATION FOR CENTRAL GOVERNMENT EMPLOYEES. THE MACHINERY FOR JOINT CONSULTATION AND COMPULSORY ARBITRATION



           The Scheme for Joint Consultation  and Compulsory Arbitration for the Central Government Employees was introduced in the year 1966 on the lines of the Whitely Councils of the United Kingdom.  This is a declaration of joint intent regarding the common approach of the Government of India on the one hand and the employees' organisations on the other for joint consultation and smooth working.  The basic objectives of the Joint Consultative Machinery (JCM) are as under:-
       To promote harmonious relations between the government and its employees.
●To secure the greatest measure of cooperation between the government in its capacity as employer and the general body of its employees in matters of common concern; and
●To increase the efficiency of the public services, through a collaborative endeavour, to narrow the area of "unresolved differences" and widen the ambit of agreement on substantive issues of common concern.
The JCM scheme  provides for a three tier machinery:
(i) the National Council as the apex body; (chaired by the Cabinet Secretary)
(ii) Departmental Councils at the level of individual Ministries / Departments including their attached and subordinate offices and  (chaired by respective Secretaries)
(iii) Regional / Office Councils to deal with mainly the local problems at the level of each individual office, depending on its structure. (chaired by Head of office of respective organisations) The scope of the JCM Scheme includes all matters relating to:
●conditions of service and work,
●welfare of the employees and
●improvement of efficiency and standards of work, provided, however, that
(i) in regard to recruitment, promotion and discipline, consultation is limited to matters of general principles; and
(ii) individual cases are not considered.
       Under the scheme, there have been continuous interactions with staff unions at the national level as well as at the departmental level and a number of important issues have been resolved amicably through mutual discussions. Forty five meetings of the council have been held since the inception of the scheme in 1966.
Standing Committee - There have been frequent interactions with the staff side through the meetings of the Standing Committee of National Council (JCM). Many issues of the employees of the major ministries / departments like Ministry of Railways, Ministry of Defence and Department of Posts have been resolved through negotiations and interactions with the unions / federations at the departmental level.
During the year 2008, a meeting of Standing Committee of the National Council (JCM) has been held on 7 March,2008. A special Standing Committee meeting to discuss the items relating to 6th Central Pay Commission was held on 7 May, 2008. A meeting under the Chairmanship of Cabinet Secretary was held on 17 May. 2008 with the Standing Committee members to discuss issues relating to the 6th Central Pay Commission.
Arbitration - An important feature of the JCM Scheme is the provision for arbitration in cases where there is no agreement on an issue between the official side and the staff side on matters relating to:-
●pay and allowances;
●weekly hours of work; and
●leave of a class or grade of employees.
Board of Arbitration (BOA) - A  Board of Arbitration (BOA) comprising a chairman (who is an independent person) and two members,(nominated one each by staff side and official side) is functioning  under the administrative control of the  Ministry of Labour.  Awards of the Board of Arbitration are binding on both the sides, subject to the over-riding authority of the Parliament to reject or modify the awards.  Under JCM scheme, 259 references have been made to the Board so far, for settlement. Out of these 257 have been decided by BOA.  Most of the awards which were in favour of the employees, have been implemented, except a few which could not be accepted due to adverse affect on national economy / social justice.
      The details of the break of 257 cases decided by the Board of Arbitration is given in table one and action taken by the government on 177 cases are given in table 2:-
TABLE -1 BREAK-UP 0F 257 CASES DECIDED BY BOA
Demands of Staff Side accepted partially or fully by Award Board of Arbitration
Demands Staff Side rejected by BOA
Withdrawn by Staff Side dismissed
Amicably settled/without any
Disposed of by BOA
177
49
19
7
TABLE-2 ACTION TAKEN BY THE GOVERNMENT ON 177 CASES
(MENTIONED IN FIRST COL OF TABLE.1 ABOVE)
No. of Awards accepted and implemented by the Govt.
No. of Awards pending with the Parliament/Government
No. of Awards rejected with the approval of Parliament
156
16
5


-- 

Monday, March 19, 2012

C.O.Ahmedabad Letter NO.Union/SPL-CL/2010 Dated.15.03.2012 
regarding 
GRANT OF SPECIAL CASUAL LEAVE 
TO CIRCLE UNION OFFICE BEARERS AND DIVISIONAL SECRETARIES 
FOR ATTENDING CIRCLE COUNCIL MEETING
 AT MATAR DIST.KHEDA ON 25.03.2012 
All concerned are requested to apply well in advance to their leave sanctioning authorities concerned for Special CL if they need to avail for attending the Circle Council Meeting at Matar on 25th.





A PROPOSAL TO TIE UP WITH INSURANCE COMPANIES FOR GROUP INSURANCE FOR ALL MEMBERS OF BENEVOLENT FUND SCHEME IN GUJARAT CIRCLE IS UNDER PROGRESS, 
AS DISCUSSED IN LAST MEETING FOR BENEVOLENT FUND.
SUGGESTIONS ARE INVITED IN THE MATTER

OUR REQUEST TO REVOKE SUSPENSION OF EMPLOYEES
 IN VADODARA REGION

R.O.VADODARA RESPONDS POSITIVELY 


Wednesday, March 14, 2012

NOTICE FOR CIRCLE COUNCIL MEETING AT MATAR NEAR KHEDA ON 25.3.12


No. CO/Circle Council Mtg/3/2011.12                                                                                           Dated:  March 9, 2012

NOTICE FOR CIRCLE COUNCIL MEETING


It is to notify under Article 31 of the Constitution of All India Postal Employees Unon Group ‘C’, that the Circle Council Meeting of AIPE Union Group ‘C’ Gujarat Circle will be held at Kachhia Patel ni vadi, at Matar Via: Kheda at 08.00 hrs onwards to transact following items on the Agenda on Sunday 25th March, 2012. Com.P.R.Rathod Circle President, will preside over the meeting.

AGENDA:
1.    To read and approve minutes of last meeting.
2.    To discuss on problems of each division.
3.    To discuss and review of functioning of Circle Union.
4.    Any other item/s with permission of chair.

All Divisional/branch Secretaries and Circle Office bearers are appealed to attend this significant meeting without fail and contribute their views and precious suggestions.


RASHMIN PUROHIT
Circle Secretary


Copy forwarded for information and necessary action to:

1.     Com.P.R.Rathod,       Circle President AIPEU Gr.’C’ Guj. Circle, at Bhavnagar H.O. 364001
2.    Com.K.V.Shridharan  G/S AIPEU Gr.’C’ (CHQ), New Delhi 110 008
3.    Com.M.K.Pandya       D/S AIPEU Gr.’C’ Nadiad
4.    Chief Postmaster General Gujarat Circle, Ahmedabad 380 001
-with a request to issue instructions to all concerned to grant Special Casual Leave to Office bearers/Delegates to enable them to attend the meeting in time.
5.    All Circle Office bearers and Divisional Secretaries.
-they are requested to credit outstanding quota upto 31.03.12 at the time of meeting.
6.    Office copy.

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