Modi Government is hell bent on
amending several labour laws in order to make the workers and employees bonded
labor. It is resorting to large scale disinvestment of Public Sector
Undertakings, allowing private sector in Coal mines, railways etc. in a big
way. It is allowing FDI in large scale in several strategic sectors including
Railway, Defense, Insurance and pension. Its policies are threatening the
security of the EPF and Pension of the employees and workers. It issued
ordinance 3 times for handing over the lands of the peasants, without their
consent, to the Indian and foreign corporates and due to severe opposition, it
is now trying to handover this job to the States. It is campaigning that the
Foreign and Indian investors will invest only if such “reforms” (anti people
measures) are carried out in a big way and according to it, this is the only
path for developing the country! On the one hand, it is showering lakhs of
crores of rupees tax concessions on the Indian and foreign big capitalists and
on the other hand, it is imposing severe cuts in budget allotments for the
welfare of the people. It is development at the cost of the people. But how any
country can develop by taking away the rights and benefits of its working class
and its peasants?
Modi Government came to power
assuring the people to bring back the humongous amounts of black money stashed
in foreign countries and use it for the benefit of the people. But it is not
doing anything on this. The “SIT” appointed by the Supreme Court recommended to
stop the flow of P-Notes (Participatory Notes-money invested in stock market
without revealing the name of the owner) into our stock market, the Finance
Minister Arun Jaitley has told that the Government was in no hurry to do this!
BJP came to power campaigning against the corruption of UPA and assuring the
people that their Government would be corruption free. But one year after their
coming to power, several severe charges of irregularities and corruption have
come out against their ministers at the center and in states. To divert the
attention of the people from such misrule, efforts are being made to polarize
the people on religion basis, provoking communalism.
Unless this severe attack is
resisted, the working class and the people will lose all their existing rights
and benefits and will face dark future.
Hence all the Central Trade
Unions, All India Federations of Central Government employees, State Government
employees, railways, banks, insurance, telecom and industrial and service
sectors have organized the National Convention of Workers at Delhi on 26.5.2015
decided to fight against these policies and given the call for nationwide
general strike on 2.9.2015 by workers and employees in all sectors. The strike
call was given on 12 demands which are applicable to all sections of the
employees and workers.
These 12 demands and their
relevance to BSNL employees are detailed below:
1.Withdraw the
amendments/proposed amendments to the labor laws aimed at curtailing the rights
of the workers and enslaving them.
a) Code
on industrial relations proposed for making it impossible to go on strike and
to form a trade union, and for empowering the managements to retrench the
workers as per their will and pleasure, thus enslaving the workers and
employees:
Modi Government has proposed to
combine the Industrial Disputes Act, The Trade Unions Act and the Standing
Orders into a single Code on Industrial Relations.
As per this code, instead of the
present 14/21 days, six weeks’ notice has to be given for strike. The
conciliation by labour department should be deemed as started on serving the
wstrike notice, even if the labour commissioner has not yet called for holding
such conciliation. Strike should start from a date one week after the
declaration of completion of conciliation by the labour commissioner. If the
strike takes place before this, it will be illegal and the participant can be
imposed Rs 20,000 to Rs 50,000 fine or one month jail. The organizers of such
strike can be sent to jail. Therefore strike cannot take place unless and until
the labor commissioner declares failure of his conciliation. If the labor
commissioner goes on prolonging the conciliation even though it is of no use,
strike cannot take place. Thus this is nothing but making strikes impossible.
As per this code, the registrar
can agree for registering a trade union or reject it. No outsider should be an
Office bearer in a trade union in organized sector (at present one third can be
outsiders) and only two are allowed in unorganized sector. This will make the
formation of a new trade union very difficult.
The code proposes to empower
managements to retrench the workers in the establishments having less than 300
workers, without taking permission of the Government. It further says that
whether the permission of the Government is required to close or retrench the
workers in factories having more than 300 workers has to be decided by the
concerned state governments. State Governments are competing with each other in
removing the rights of the workers in the name of facilitating investments and
hence such a provision will result in empowering managements to retrench workers
without government permission even in factories/establishments with more than
300 workers.
If this code is enacted by the
Parliament, the workers including BSNL employees, will lose all their right to
strike and right to job protection and right to form trade union and will
become bonded laborers.
(a) Code
on Wages proposed for abolishing the supervising machinery for implementing the
payment of wages act, for allowing different wages for same work and for
allowing discrimination in promotions:
A code on wages is proposed by
combining the Payment of Wages Act, Minimum Wage Act, Bonus Act and the Equal
Remuneration Act. It proposes to abolish the system of Inspectors
inspecting payment of wages by making such inspection not compulsory. It
allows all inequalities in wages for the same work except the inequality based
on gender and allows discrimination in promotions. If such a c ode is enacted
by the parliament, there will be no machinery for ensuring proper and timely
payment of wages and there will be different wages for the same work in the
same establishment including BSNL. It will lead to severe
discrimination in appointments and promotions.
(b) Proposed
changes in Standing Orders to allow Fixed Term Employment:
It is proposed to change the rules
under the Standing Orders to allow employment for a fixed term, 6 months, one
year etc. They can be terminated without any notice on the expiry of the term.
Since their tenure is fixed, they will always be facing job insecurity and will
not be in a position to fight for their rights. It will further divide the
workers into permanent employees, contract workers, fixed term workers etc.
making the unity of workers difficult. It will enable the managements to
appoint the workers based on fixed term, thereby reducing permanent employment.
It is to be noted that the Deloitte Consultant has recommended for off role
employment in BSNL, which means they will not be in the rolls of BSNL, but will
work in BSNL!
(c) One
part of the attack on EPF-Diversion of EPF funds to stock market:
Modi Government has decided to
invest EPF funds in stock market. Due to the pressure of the Government, the
representatives of the Labour Ministry in the EPF Board have agreed along with
the representatives of the managements for diverting a part of the EPF funds
for investment in stock market. Since only the representatives of the Trade
Unions in the EPF Board opposed it, this was approved as a majority decision in
the Board. The total fund available with EPFO (Employees Provident Fund
Organisation) is Rs 8, 25,000 crore. In this, it was decided to invest Rs 5000
crore in this financial year 2015-16 and to gradually increase it. There will
be tremendous pressure from the international finance to go for large scale
investment of EPF funds in stock market. The fund invested in stock market is
nothing but a fund invested in gambling and there will be no guarantee for its
security. That is why, so far, the EPF funds are invested in the Government
securities and hence they were secure. But now that Modi Government started
investing EPF in stock market, the EPF of employees including the EPF of BSNL
recruitees, and Casual mazdoors, TSMs and contract workers will face
insecurity.
(d) Another
part of the attack on EPF-Diverting employees from the secure EPF to the
insecure New Pension Scheme:
The Finance Minister Arun Jaitley
has proposed in the budget 2015-16 for providing an option to the employees to
exit from the EPF and opt for the new contributory pension
scheme under the PFRDA Act (Pension Fund Regulatory and Development Authority
Act) instead of EPF. Accordingly, the Government has already proposed an
amendment in the EPF Act. The funds to which the employee pays for pension
contribution in this New Pension Scheme under PFRDA are more insecure than the
EPF. Thus a severe attack is started on EPF security by the Modi Government.
This threat is equally applicable to the EPF of BSNL recruited employees and
TSM/Casual Mazdoor/Contract worker in BSNL. The reason for this diversion
of EPF funds to stock markets and pension funds is the decision of the Modi
Government for allowing 49% FDI in pension sector and the consequent efforts to
mobilize funds for the foreign and Indian pension fund companies. Due to this,
the threat to EPF and pension is increasing.
(e) Attack
on ESI-Proposed Diversion of employees from the beneficial ESI to
the less beneficial health Insurance:
The Government also proposed an
amendment to ESI Act to allow employees to opt for health insurance instead of
ESI. Under ESI, treatment is available to the employee and his family. But in
the case of health insurance, the insurance is available to the insurer only,
and only to the extent of the insured amount. The intention is to help the
foreign and Indian private insurance companies since Modi Government allowed
49% FDI limit in insurance. Thus the ESI facility available to most of the
employees including the Casual Mazdoor and contract workers in BSNL is under
threat.
(f) Modi
Government already amended two labour laws against workers:
Besides the above proposed
changes for enslaving the working class, the Modi Government, with the help of
the Congress and some non-left parties, has already amended two labour laws
against the workers.
It amended the Apprentices Act
enabling the managements to recruit more number of apprentices so that instead
of regular workers or contract workers, the work can be got done by the
Apprentices with less pay. It amended the Labour laws(Submission of Returns and
Maintenance of Registers) Act exempting the managements of the establishments
with less than 40 number of workers from submitting returns and maintenance of
registers regarding implementation of 16 labour laws. This is nothing but
making it easy for the managements of 72% of the factories in the country to
violate labour laws.
(g) Rajasthan
Government took the lead and several state government following :
In Rajasthan, the Vasundhara Raje
(BJP) Government took the lead in amending labour laws against the workers. The
Modi Government at the Centre advised the State Governments to follow this
Rajasthan model in amending labour laws against the workers. Accordingly, the
Maharashtra, Chhattisgarh and Andhrapradesh State Governments have already
amended labour laws against the workers.
Since the enacted/proposed
amendments are aimed at enslaving the working class and attacking the security
of EPF, ESI and pension, it is demanded to withdraw all such amendments to the
labor laws.
2. Strict
enforcement of all basic labour laws without any exception or exemption and
stringent punishment for violation of labour laws
After the initiation of the LPG
policies by the P.V.Narasimharao Government in 1991, the labour department is
gradually shirking away from its responsibility for implementation of
factories. The labour inspectors reduced their inspections of the factories.
The inspections rate was 75.64% in 1991 and it fell down to a mere 17.88% in
2008. The Parliamentary Standing Committee on labour has reported that due to
lack of sufficient number of staff, the Labour Department was unable to
properly enforce the implementation of labour laws by the managements. But
neither the previous UPA Government nor the present NDA Government cared for
this. As a result, the violation of labour laws by the managements has become
rampant.
At present, at least 60% of the
workers in the organized sector are deprived of minimum wages, EPF, ESI and
other such benefits. In BSNL, in several cases, the TSM, Contract workers and
casual labour were denied the benefits that should be available to them as per
the labour laws. In several industrial units, the workers are compelled to work
for 10 or 12 hours a day without any OTA. Several industrial units are being
closed by the managements illegally. But the Centraal and State Governments are
not caring for such violations and helping the managements.
Due to this severe violation of
labour laws and the consequent deprivation of the wages and other benefits of
the workers, the share of the wages in the net value added in production in the
manufacturing sector has declined from 30.28% in 1981-82 to 12.16% in 2010-11.
During the same period, the share of the profit of the owners has increased
from 20% to 50%. It is also to be noted that during this same period, the
labour productivity has increased 5 fold.
The entire working class is
demanding that the Governments should strictly enforce the implementation of
labour laws for ensuring their benefits to the workers and should impose
stringent punishments on the managements for violating labour laws.
3. Stop
disinvestment and privatization in Central/State PSUs
The disinvestment of PSUs
was started in 1991 by P.V.Narasimharao Government as part of
the LPG policies. But no Government has resorted to such a large scale disinvestment
like the present Modi Government, as detailed below:
Amount obtained by
disinvestment of PSUs, by various Governments
1991-92 to 1997-98 (Congress, UF)
------Rs 11242.50 crores
1998-99 to 2003-04(Vajpayee
Government)----Rs 33655.59 crores
2004-05 to 2008-09 (UPA-1 with
Left Parties support)----Rs 8515.94 crores
2009-10 to 2013-14 (UPA-2 without
Left Support)---Rs 99,367.93 crores.
2014-15(First year of Modi
Government)---Rs 24328.93 crores.
The above facts reveal that
disinvestment is almost stopped when the Left Parties were having considerable
strength in the Parliament and the survival of the Government was depending on
their support.
In 2014-15 itself, in its first
year, Modi Government obtained a huge amount of Rs 24328.93 crores. It is the
largest amount got in a single year by any Government by disinvestment of PSUs.
This amount was got by selling the shares in the two Maharatna PSUs—Coal India
and SAIL.
In this financial year 2015-16,
the Modi Government has fixed a huge disinvestment target of Rs 69,500 crores.
For this, it already approved selling of 5% to 15% shares in the PSUs OIL,
CCIL, NMDC, MMTC, ITDC, NTPC, EIL, BEL, NALCO, HCL (Hindustan Copper Limited),
in addition to the shares sold earlier in these PSUs. Among these
PSUs, NTPC is Maharatna and BEL, OIL, NMDC, NALCO, EIL and CCIL are Navaratna
PSUs. By thus selling 5 or 10% shares every year, the PSUs
will be gradually privatized.
Not only this. The Modi
Government is planning to resort to strategic sale of PSUs as done by the
earlier Vajpayee Government. It is to be noted that the Vajpayee Government has
privatized BALCO, Hindustan Zinc, and Two Centaur Hotels under Hotel
Corporation of India, 18 Hotels under ITDC, Jessop, Lagan Jute Machinery,
Maruti Suzuki, Modern Food Industries, VSNL, HTL, CMC, and Paradeep Phosphates
by such strategic sale. In this strategic sale, the management of
the PSU will be handed over to the private Company that will purchase a
minority or majority stake in it and thus it will be a direct privatization.
Modi Government has no intention
of reviving BSNL from losses. Its intention is to divide it and sell it. It has
already approved the separation of the towers from BSNL to form a subsidiary
tower company. The intention is to allow a private partner in the tower
company.
Modi Government has amended the
Coal Mines Act with the support of the Congress for allowing private companies
in commercial coal mines. The Bibek Debroy Committee appointed by the Modi
Government has recommended for allowing private companies in constructing
railway tracks and in running the trains etc. Thus it is resorting to
privatization in large scale.
Why this large scale
disinvestment of PSUs? It is for filling up the budget deficit that is arising
every year due to the huge annual concession of more than Rs 5 lakh crore
rupees to the Corporates. Thus selling PSU shares is due to the unwarranted and
unjustified concessions given to the Corporates. Public property is thus being
sold by the Modi Government for the profit of the Corporates.
The working class is demanding to
stop disinvestment and privatization of PSUs and to revive the loss making/sick
PSUs like BSNL, ITI, and MTNL etc.
4. Remove
all ceilings on payment and eligibility of bonus, provident fund; increase the
quantum of gratuity
(a) Bonus
Act: As per the Bonus Act, the workers drawing more than Rs 10,000/- wage
(pay+DA) are not eligible for bonus (In BSNL, when there was profit, all were
paid bonus since it was under a productivity linked incentive scheme). The
calculation of bonus under bonus act has imposed a ceiling of Rs 3500/- per
month as wage for calculation. There is another ceiling limit of 20% of the
annual wage as the maximum limit on bonus payment even if the Company is
getting adequate profit. The working class has been demanding to remove all
these 3 ceiling limits on bonus payment. In the 46th Indian
Labour Conference held on 20,21 July 2015, all the trade unions have demanded
to grant bonus even in loss making PSUs(like BSNl) and in private companies
when the performance standard is fulfilled.
(b) EPF
Act: EPF Act is applicable to BSNL recruitees and to TSM, Casual
Mazdoor and Contract workers in BSNL. Under EPF Act, the employee has to
contribute 12% of his actual wage (pay + DA), even if the wage exceeds Rs
15,000/- ceiling limit. But the management has to compulsorily contribute
13.61% to the employees EPF Account calculating it on the actual wage of the
employee, subject to a ceiling limit of Rs 15,000/- wage. If the
employee’s wage is more than Rs 15,000/- it is up to the management to
calculate its contribution on the portion of the wage exceeding the Rs 15,000/-
ceiling. Thus, if the wage of an employee is Rs 25,000/-, the management has to
compulsorily contribute its share calculating it on the wage ceiling limit of
Rs 15,000/-. If the management wants, it can calculate its contribution on the
remaining Rs 10,000/- wage also.
In BSNL as well as in several
PSUs, the managements are calculating their EPF contribution based on the
actual wage of the employee, without limiting it to the Rs 15,000/- ceiling.
But the Supreme Court has clarified that the management can limit its
contribution calculation to the ceiling limit of Rs 15000/- wage in case of
financial difficulties to the Company. Therefore this Rs 15000/- wage ceiling
limit for calculation of the management’s contribution to EPF will be a threat
to BSNL employees also.
The working class is demanding to
abolish this ceiling limit of Rs 15000/- wage for calculating management’s
contribution to EPF.
(c) DCRG: The ceiling
limit for payment of DCRG (Death Cum Retirement Gratuity) was enhanced from Rs
5 lakhs to Rs 10 lakhs due to the struggles of the trade union movement. But
for several retirees were eligible for more than this Rs 10 lakh as per
calculation. Also, the ceiling limit of 16.5 months wages on DCRG is depriving
the beneficiaries their actual amount due as per their service. It is therefore
demanded to abolish these two ceilings on DCRG.
5. Assured
pension to all employees and workers and minimum pension should be not less
than Rs 3000/-
(a) At
present Government is paying pension to the Central and State Government
employees appointed before 1.1.2004 (except in Bengal and Tripura where all
government employees including those recruited after 1.1.2004 are being paid
pension by concerned state governments due to the decision of
the Left Front Governments in those States to continue
government pension for all government employees. In Kerala, the UDF Government
decided to implement new pension scheme for government employees recruited from
1.4.2013 onwards). In the case of Central Government employees appointed w.e.f
1.4.2003 and the State Government employees appointed w.e.f 1.4.2004 or at a
later date (except Bengal and Tripura), the Government will not pay pension.
New Pension Scheme is being implemented for them. In this scheme, the employee
will pay 10% of his salary (Pay+DA) as pension contribution to a pension fund
company and Government also will contribute same amount to the pension fund
company. Whether the employee will get pension or not on his retirement and how
much he will get is all depending on the profit or loss of the Pension Fund
Company. Thus there is no pension security for these employees, even though
every month they have to contribute 10% pension contribution. These Pension
Fund Companies are under the purview of Pension Fund Regulatory and Development
Authority (PFRDA) created by PFRDA Act.
(b) There
is a provision in the PFRDA Act (passed by Congress and BJP in the Parliament)
enabling the Government to transfer all the Government pensioners to this new
pension scheme whenever the Government decides so. Thus the PFRDA Act is
threatening the pension security of Government pensioners including those
absorbed in BSNL. In addition, the 60:40 order on Government’s
liability for pension expenditure in the case of BSNL absorbed employees and
the absence of a provision for their pension revision along with wage revision
are creating difficulties.
(c) At
present, the workers of several establishments in private and public sectors,
including the BSNL recruitees and the TSM/Casual Mazdoor/Contract workers in
BSNL are eligible for pension under EPS (Employees’ Pension Scheme) under EPF.
But in several cases, the amount of pension under this scheme was less than Rs
1000/-. Due to the struggles of the working Class, the minimum amount of this
EPS was raised to Rs 1000/-.
(d) In
September 2013, a Parliamentary Committee has recommended that the minimum
pension under EPS be enhanced from Rs 1000/- to Rs 3000/-by increasing the
contribution of the Government to EPS from 1.16% of the basic pay to 8.33%. But
neither the previous UPA Government nor the present NDA Government have agreed
for this.
(e) As per
the DPE guidelines, the management has to contribute 30% of the basic pay of
the BSNL recruited employee. But the management is contributing 18%
only. Hence it is demanded that the remaining 12% be contributed by the
Management to a secure pension fund like LIC so that they will get pension
based on that. But BSNL management is agreeing to contribute 3% more only, in
the name of financial difficulties.
(f) The
demand of the trade unions is that (a) there should be an assured pension
available to all workers in organized and unorganized
sector including the BSNL contract workers, (b) the minimum pension
under any scheme should not be less than Rs 3000/- (c) the Central and State
Government employees appointed after 1.1.2004 also should be made eligible for
Government pension by abolishing the new pension scheme, (d) the Government
Pension Scheme be ensured by cancelling the PFRDA Act (e) the above said
difficulties in the case pension of BSNL absorbed
employees be removed, (f) the TSM and Casual Mazdoor in BSNL be made eligible
for Government pension and (g) for the BSNL recruitees as well as for
other PSU employees, a secure pension scheme ensuring 30%
contribution by management for their retirement benefits be implemented.
6. Minimum
wage should not be less than Rs. 15000/- and it should be increased as per
price rise.
India has an act for minimum
wages called “The Minimum Wages Ac t, 1948”. But it has no criteria to decide
how much the minimum wage should be. It will be decided by Central and State Governments
and it is varying from sector to sector with in the same state, between the
states and between the State and the Centre. In any case the minimum wage
declared thus by the Central and State Governments is very low.
What should be the criteria for deciding
minimum wage? This was discussed by the
15th Indian Labour Conference held in 1957. The representatives
of Trade Unions, Industrialists and Government have participated in this
Conference. The Conference unanimously recommended that the minimum wage should
be need based, that is, it should satisfy the minimum needs of a worker. What
are the minimum needs that should be thus satisfied? The Conference accepted
the accepted the formula of Dr.Aykroyd regarding the minimum dietary
requirements for a worker and his family. As per this, the family of a worker
includes three units-worker and his wife consist two units and two children
taken as one unit. According to Dr.Aykroyd, an ordinary worker requires 2700
calories a day to be able to work in a healthy manner. Hence daily dietary
requirement should be such that it gives 2700 calories energy to each of the 3
units of the worker’s family. As per Dr.Aykroyd, to get this energy of 2700
calories per day for each of the 3 units in the family, the dietary requirement
is that each unit requires per day 475 grams rice or wheat, 80 grams dal
(toor/urad/moong), 100 grams raw vegetables, 125 grams green vegetables, 75
grams other vegetables, 120 grams fruit, 200 ml milk, 56 gram sugar/jaggery, 40
grams edible oil, and for all 3 units per month fish 2.5 kg and meat 5 kg.
(Total per month requirement of the family is 42.75 kg rice/wheat, 7.2 kg dal,
9 kg raw vegetables, 11.25 kg green vegetables, 6.75 kg other vegetables, 10.8
kg fruits, 18 ltr milk, 5 kg sugar/jiggery, 3.6 kg edible oil, 2.5 kg fish and
5 kg meat. Besides this dietary requirement, the ILC also recommended that each
member of the family of the worker (the worker, his wife and two children,
total 4) requires 18 yards of cloth per year and hence the entire family
requires 72 yards cloth every year. The ILC further recommended that the HRA
required at minimum level for a worker should be equal to the rent charged for
the houses built by Government under subsidized housing schemes for low income
groups. 20% of the total amount of these 3 items should be given additionally
towards fuel, lighting and other miscellaneous expenditure.
The Supreme Court in its judgment
dated 31.10.1991 in “Workmen Vs Raptakos Bret and Co.” has upheld this concept
of need based minimum wage as justified and further held that an additional 25%
on the need based minimum wage arrived as per the 15th ILC
recommendation should also be included in the concept of minimum wage for
meeting the expenses on account of children’s education, medical requirement,
minimum recreation including festivals and ceremonies and provisions for old
age and marriages.
As per the average prices that
prevailed in Delhi, Kolkata, Mumbai, Chennai, Hyderabad, Bangalore, Bhubaneswar
and Trivandrum on 1.5.2014, the minimum wage as per the recommendations of 15th ILC
should be Rs 15467/- and as per the Supreme Court Judgment, this amount has to
be increased by 25% and it would be Rs 20861/-.
Hence all the Trade unions are
demanding the minimum wage as per the 15th ILC recommendation
improved by the Supreme Court and in any case, it should not be less than Rs
15000/- in any sector and it should be increased as per the price rise.
7. Stop
contractorization of permanent and perennial work and pay same wage and benefits
to contract workers as regular workers for same and similar work.
As per the Contract Labor
(Regularization and abolition) Act, no contract worker should be engaged for
works having permanent/perennial nature. But this is being done including in
Government Departments and PSUs. The proportion of contract workers is 50% in
Public Sector and 70% in private sector. Hence it is necessary to regularize
all the contract workers doing the work of permanent nature. In BSNL, TSMs,
Casual Labor and Contract workers are being utilized for permanent works. All
of them should be regularized.
Article 16 of the Constitution
provides for payment of equal wage for equal work. But this is violated in
private as well as public sectors. The contract workers are paid far less than
the regular workers doing same and similar duties. This should end and the
contract workers/casual Mazdoor/ TSMs in BSNL should be paid on par with the
cadre whose duties they are performing. The facilities available to regular
workers should be extended to them.
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8. Universal
social security cover for all workers
Only 4% of the workers in India are in organized sector and 96% of the
workers are in unorganized sector. Establishments with less than 10 workers
are in unorganized sector. Also, self-employed workers, home based workers,
workers in Government schemes like anganwadi, mid-day meals etc. are
unorganized sector workers. The unorganized sector workers who comprise 96%
of the work force have no social security schemes like medical, accident
compensation, PF, pension etc. Due to the continuous struggles of the working
class, the UPA=1 Government enacted “The Unorganized Sector Workers Social
Security act, 2008”. But there is nothing new in it except bringing the 10
earlier existing schemes like Indira Gandhi national old age pension scheme,
Aam aadmi bima yojana, raashtriya svaasthya bima yojana etc. under its
purview. Even these schemes are not applicable to the vast
majority of the unorganized sector and applicable to only those below poverty
line. Out of the 43 crore unorganized sector workers, only 6 crore are
covered under this Act. Even for these 6 crores, adequate funds are not
allotted for implementing the social security benefits. The UPA Government
has allotted Rs 1000 crore only to implement the benefits under this Act. But
not a single paisa in it is expended so far. Modi Government also is doing
nothing except giving new names to the old schemes under this Act and
campaigning as if they are doing great service to the unorganized sector
workers by such change of names. Moreover, the Modi Government has imposed
drastic cuts in budgetary allocations to the welfare schemes like ICDS
(anganwadi), mid-day meals etc. which are beneficial to the unorganized
workers and their families.
The trade unions are demanding that all the unorganized workers and
government scheme workers should be brought under the purview of the
Unorganized sector workers social security act, whether they are below or
above poverty line, and sufficient funds should be allocated for implementing
social security benefits like medical facilities, accident relief, maternity
benefits, provident fund, pension etc. to all
unorganized workers.
9. Compulsory
registration of trade unions within a period of 45 days from the date of
submitting applications; and immediate ratification of ILO Convention C 87
and C 98.
After the advent of the neo-liberal economic policies, managements in
most of the private sector establishments and even in some PSUs are becoming
increasingly intolerant towards the existence of trade unions. Workers are
removed and leaders are harassed and removed for forming trade unions. The
registration of trade unions has become difficult and thousands of
applications for registration of trade unions are kept pending since a long
time. The trade unions are demanding that the registration of trade unions
should be done within 45 days of application.
As per the convention 87 approved by the ILO (International
Labor Organization), all the workers should be allowed unconditional right to
form trade unions without intervention from managements and without any
discrimination. But the Government of India is rejecting to ratify this
convention. The Government is not willing to grant trade union right to
government employees and they are allowed to form associations only. The
Trade Union Act lays down the c condition that to form a trade union, at
least 10% of the workers or 100, whichever is less, should come together,
instead of the earlier prescribed 7. There are several such restrictions and
conditions on the formation of trade unions. The trade unions are demanding
that the Government should ratify the convention 87 of the ILO and thus agree
for the right of the workers to form their trade unions without any conditions
imposed by the Government or management.
As per the convention 98 approved by the ILO, the workers should have
the right of collective bargaining. Recognizing the majority union/unions
based on secret ballot and negotiating with the union/unions thus recognized
to come to agreement on the demands of the workers is the essence of
collective bargaining. But the Government of India did not ratify this
convention 98. In India, there is no Act at central level and in many states
for recognizing trade unions. In PSUs and in some private companies the
unions are recognized through secret ballot/check off system as per the Code
of Conduct, which was only a gentleman agreement between the managements and
trade unions in 1961. But in most of the private sector, the trade unions are
not recognized on the basis of secret ballot and no collective agreements are
reached with the recognized unions. Instead, the managements are making
agreements with individual workers or with their pocket unions having no
support of the workers. Hence all the trade unions are demanding that the
Government of India should ratify the ILO convention 98 and ensure collective
bargaining.
10. Containing
unemployment through concrete measures for employment generation.
In our country every year 1.2 crore people join in the labour market
searching for work. As per the statistics of the Labour Bureau, only 4.19
lakh jobs were created in 2013 in the 8 sectors-garments, leather, metals,
automobiles, gems and jewelry, transport, IT/BPO and handlooms and power
looms. When the jobs required is 1.2 crores, how it can be
satisfied with this meagre creation of 4.19 lakhs?
Modi came to power campaigning that Manmohan Singh failed to solve
unemployment and he would solve it. After becoming PM, he announced “Make in
India” policy in the name of creating crores of jobs. Foreign investors
coming in large scale and establishing factories in India either by
themselves or jointly with Indian investors to produce in India for selling
in other countries is the sum and substance of this policy. For this, Modi
has been touring several foreign countries inviting the foreign big
corporates. He announced several concessions to foreign investors and Indian
investors. He issued land ordinance thrice to grab land from the farmers
without their consent, in the name of industrialization.
In spite of this, investment has not come in a big way. A major portion
(54%) of whatever has come, has come for investing in stock market, which
will neither produce goods/services nor create jobs. In spite of all this, in
2014, only 4 lakhs jobs were created under Modi Raj whereas 4.19 lakh jobs
were created in 2013 under Man Mohan Singh in 2013 in the 8 sectors mentioned
above.
Moreover, the strategy to produce in India for selling in other
countries is a flawed strategy. Due to the recession prevailing in the USA
and European countries and worldwide, our exports are falling down. This is
the reply given by the Commerce Minister Mrs Nirmala Sitaraman in Rajyasabha
on 22.7.2015.
Even in our country the market is not growing due to lack of sufficient
purchasing power in the hands of the people. As per the reply given by the
Finance Minister in the Parliament on 21.7.2015, as on 31.3.2015 the number
of companies closed was 45603 and it increased to 61449 by 16.7.2015. As per
the latest statistics, 1.40 lakh companies in the country are at the brink of
closure.
Under these circumstances, when there is no market either in other
countries or in India, how foreign investors will come to produce in India?
They will come only to the unproductive sectors like stock market, finance,
real estate and to loot our natural resources, to get some quick profit with
the concessions given by the Government. This is what is now
happening.
It is also proved that the “development” said to be achieved by the
foreign and Indian Corporates is helping the Corporates to increase their
profits, but not helping in creating more jobs. During 2004-05 to 2009-10,
the average GDFP growth was spectacular 8%, whereas the growth in jobs was
only 0.8% whereas the population growth is 1.5%. It is thus proved that the
concessions given to foreign and Indian capitalists are not helping in job
creation.
Therefore the private sector cannot be depended upon for job creation.
It should be the responsibility of the Government. But Government is shirking
this responsibility. As a result the jobs in organized sector have decreased
from 2.82 crores in 1998 to 2.75 crores in 2008-09. While only 20% among the
workers were contract workers in 1999-2000, it increased to 32% in 2008-09
and 50% at present. Thus, due to increase in unemployment problem, the number
of contract workers is growing rapidly.
The largest employer in organized sector in our country is the
Government. But the Government itself has imposed ban on recruitment. It is
abolishing vacant posts and outsourcing works. The number of posts unfilled
in various central government departments is around 10 lakhs. The number of
Railway employees has decreased from 16 lakhs to 13 lakhs during the last 10
years. The number of emp0loyees in BSNL was 3.5 lakhs as on 1.10.2000 and it
came down to 2.25 lakhs as on 31.3.2015. Due to this drastic reduction of
jobs in Government Department and Public Sector, the possibility of social
justice for SC/ST/OBC is drastically reduced.
The Modi Government is shirking its responsibility of job creation and
moreover it is attacking even the existing job creating schemes like MNREGA
(Mahatma Gandhi National Rural Employment Guarantee Act) by drastic reduction
in allocation of funds to it. This is reducing the work opportunities
available to SC/ST/OBC sections of the people.
While thus adding to the increase in unemployment and thus creating the
unrest, the ruling classes are utilizing this unrest to create communal
conflicts and sectarian trends.
This increasing unemployment is resulting in more and more number of
casual/contract workers forced to work for a pittance, thus weakening the
power of the trade union movement, thereby negatively effecting the future of
the workers and employees.
Therefore in the interest of the society and in the interest of the
future of the working class, it is necessary to solve this dangerous problem
of unemployment. The trade unions are demanding the Government to
take the following steps to curtail unemployment:
a) Lift the ban on recruitment in
Central/State Government Departments and PSUs.
b) Fill up all the vacant posts
without abolishing them.
c) Stop outsourcing the work in Government
departments and PSUs.
d) Improver the Rural Employment
Guarantee Scheme so that all the unemployed in rural areas will get work. For
urban areas also, an urban employment guarantee scheme with ensured minimum
wage be implemented.
e) Extend the required financial
support to self-employment/self-help schemes and small industries.
f) Unemployment Allowance for
unemployed and modernization of employment exchanges.
11. Urgent
measures for containing price-rise through universalisation of public
distribution system and banning speculative trade in commodity market.
Sometimes it may be fast, sometimes it may be slow, but certainly the
prices of essential commodities are increasing continuously. This
can be understood from the fact that the IDA of BSNL employees which was 0 as
on 1.1.2007 has become 102.6% as on 1.7.2015. Thus within 9.5 years, the
prices increased more than 100%, i.e. more than 10% increase per year. But
the price index and DA formula are such that the actual price rise will not
be fully compensated. Although the Central Trade Unions in their meeting with
the Finance Minister on 17.1.2015 have demanded merger of 100% DA for Central
Government/PSU employees, there was no response. The price rise will more
seriously impact the workers who are not getting any DA for price rise. The
privatization of education and health has added more burden on the low paid
workers and common people. Added to this, the Modi Government has lifted the
price control on drugs required in the case of critical diseases like heart,
cancer, diabetes and their prices increased considerably.
Internationally, the prices of petroleum were reduced by 50%. If prices
of petroleum and diesel in our country are reduced accordingly, it would have
resulted in reduction in the prices of all commodities due to reduction in
power/transport charges. Due to such reduction in diesel prices, the losses
to BSNL would have reduced accordingly. But in our country there
is no such reduction in the prices of petroleum products since the Modi
Government has increased the taxes on petroleum products and deprived this
benefit to the people.
The main reason for price rise is black market and speculation. The
speculation on essential commodities is allowed in the name of forward/future
trading. Besides this, the Government is destroying the food security act by
resorting to cash payment for food subsidy. This is nothing but a conspiracy
to kill public distribution system.
Therefore the trade unions are demanding the following measures to
control price rise:
a) Don’t allow black market in
essential
b) Ban speculation in essential
commodities
c) Universalize Public Distribution
System and provide essential commodities through it.
12. No
FDI in Railway, Insurance, Pension and Defense
Modi Government has enacted increase in FDI ceiling limit in insurance
sector from 26% to 49%, with the help of the Congress. This increase is
automatically applicable to pension sector. The Modi Government decided to
allow 100% FDI in railway infrastructure and to increase FDI ceiling from 26
to 49% in defense production sector. Allowing FDI in large scale in pension
and insurance is dangerous to the pension security and medical schemes
available to employees. The Pension Fund Companies with more and more FDI
will increase the pressure on the Government to handover the pension fund of
the Government employees also to them, thereby threatening the security of
government pension. Similarly the increase in FDI in insurance sector will
lead to increasing pressure on the Government to cancel the medical
facilities available under EPS, CGHS, and various medical schemes in PSUs
like BSNL MRS and to divert all employees and workers to health insurance,
which is less beneficial compared to the existing medical schemes. This
increased FDI will thus lead to a serious threat to EPF, EPS, Pension and
medical benefits. The increased FDI in defense production will endanger our
self-reliance in defense production. Allowing FDI in Railways will lead to
its privatization. The Bibek Deb Roy Committee appointed by Modi Government
has already recommended for allowing private companies in installing and
maintaining railway tracks and in running trains.
Hence trade unions are demanding not to allow FDI in insurance, pension,
defense and railways.
The Alternative path of development proposed by the trade unions
The theory that the foreign and Indian big corporates must be satisfied
by abolishing the rights of the workers, employees and peasants and by
abolishing the welfare measures available to the people and then only they
will invest and develop the country is a bankrupt theory. It is not
development, but enslaving the people for the benefits of the Indian and
foreign corporates.
The trade unions are opposing such a bankrupt, anti-worker, anti-people
theory of development. All the Central Trade Unions have unitedly presented
an alternative proposal for developing the country, in the pre-budget
consultation held by the Finance Minister Sri Arun Jaitley on 17.1.2015. The
proposal of the trade unions is as below:
a) To improve employment, Government
has to invest in large scale for developing infrastructure.
b) The funds for such investment can
be gathered by cancelling the unjustified concessions given to Corporates(
more than Rs 5 lakh crore every year), by collecting the NPAs of Banks (Debts
not paid) due from the Corporates and by collecting the more than Rs 5 lakh
taxes evaded by the Corporates.
c) The black money in foreign
countries diverted from India illegally is double the amount of foreign debt
of India. It should be brought back.
d) The resources thus pooled can be
used for developing the country by investing for improving infrastructure and
agriculture and for implementing social security to all workers and the
people and for implementing welfare of the people.
Thus there are enough resources for developing the country and for
solving unemployment and for providing social security and welfare.
This is the alternative proposed by the working class for developing
the country.
Real Problem
The real problem in our country is not the lack of adequate resources
for development and for satisfying the demands of the workers and for welfare
measures for the people.
The real problem is the lack of political will with the Government, be
it of UPA or NDA variety, to gather resources by abolishing unjustified
concessions to the Corporates, by bringing back the black money and by
collecting taxes evaded by corporates etc. The reason for this is the previous
UPA and the present NDA are representing the interests of the Corporates and
not of the people. The Modi Government has now resorted to an all-round and
severe attack on the rights and facilities of the working class and the
people and it is hell bent on selling the PSU stocks quickly, in large scale
and implement large scale privatization.
Therefore the issue before each and every worker and employee, be it in
any sector, is to decide whether to accept slavery by agreeing to all these
attacks by Modi Government and State Governments or to come forward to fight
unitedly against this attack.
Task
It is the task and responsibility of all workers and employees in all
sectors to participate in the nation wide general strike of the working class
against the anti-worker and anti-people policies of the Central and State
Governments to protect the future. This strike is a patriotic strike for
saving the future of the working class and the people of India from the
barbarous attacks of the foreign and Indian Corporates. This struggle is
nothing but a struggle for saving our independence. Hence it is necessary for
each and every worker and employee to participate in such a great and sacred
general strike.
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