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National commission on labour

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  • 1. 2 nd NATIONAL COMMISSION ON LABOUR
    • REPORT ON TRADE UNION MOVEMENT
    • REPORT ON INDUSTRIAL RELATIONS SCENARIO IN INDIA
    • REPORT ON TECHNOLOGICAL CHANGE
    • REPORT ON COLLECTIVE BARGAINING
    • REPORT ON WELFARE & WORKING CONDITIONS
  • 2. Report on Trade Union Movement
    • 1. Fragmentation and Politicalisation of trade unions
    • 2. Increase in trade unions; but decline in average membership
    • 3. Industry specific trade unions – National Alliance of Construction Workers
    • 4. Trade union SEWA group e.g., Marketing, Micro-finance, etc.
    • 5. Ad hoc Committee (join other trade union in their struggle)
    • 6. Readiness & determination of Central Trade unions to escalate the objectives of Govt. policy like disinvestment e.g., BALCO
    • 7. Under world connections
    • 8. Unscrupulous trade union leaders (e.g., contract labour)
    • 9. Allowing proxy workers to work on behalf of permanent workers
    • 10. Conversion to unions into closed shops [an agreement with the employer to recruit only trade union members] or union shops
  • 3. Report on Industrial Relations Scenario in India
    • 1. It is increasingly noticed that trade unions do not normally give a call for strike because they are afraid that a strike may lead to the closure of the unit
    • 2. Service sector workers feel they have become outsiders and are becoming increasingly disinterested in trade union activities.
    • 3. The labour adjudication machinery is more willing to entertain the concerns of industry.
  • 4. CONTD. . . .
    • 4. There is a trend to resolve major disputes through negotiations at bipartite level. The nature of disputes or demands is changing. Instead of demanding higher wages, allowances or facilities, trade unions now demand job security and some are even willing to accept wage cuts or wage freezes in return for job protection. Disputes relating to non-payment of wages or separation benefits are on the rise.
    • 5. The attitude of the Government, especially of the Central Government, towards workers and employers seems to have undergone a change. Now, permissions for closure or retrenchment are more easily granted.
  • 5. CONTD. . . . .
    • 6. The conciliation machinery is more eager to consider problems of employers and today consider issues like increase in productivity, cost reduction, financial difficulties of the employer, competition, market fluctuations, etc. They are also not too serious in implementing the awards of labour courts awarded long back after protracted litigation against employers wherein reinstatement or regularisation of workers was required.
    • 7. The industrial relations machinery is not pursuing seriously the recovery proceedings against employers who could not pay heavy dues of workers, if the financial position of the employer is very bad.
  • 6. NCL ON TECHNOLOGICAL CHANGE
    • Application of new technology is warranted only, if:
    • It accommodates all labor that may be rendered surplus
    • It results in higher productivity & efficiency
    • It improves the level of earnings of workers by ensuring them equitable share in the gains due to automation
    • It leads to reduction in costs and benefits to the community
  • 7. NCL ON COLLECTIVE BARGAINING
    • Compulsory adjudication of disputes should be used only as a last resort
    • Trade unions must be strengthened both organizationally and financially by amending the Trade Unions Act, 1926
    • To make registration of unions compulsory
    • To enhance the union membership fee
    • To reduce percentage of outsiders in the union executive and office bearers
    • To increase the minimum number of members of union applying for registration of union
  • 8. CONTD . . . .
    • 3. Legal provisions may be made either by a separate legislation or by amending an existing enactment for:
    • Compulsory recognition of trade unions and certification of unions as bargaining agents
    • Prohibition & penalisation of unfair labour practices
    • Barganining in good faith by both employers & unions
    • Conferring legal validity & legitimacy on collective agreements
  • 9. CONTD . . . . .
    • 4. Workers’ education should be intensified for building up internal union leaderships and making workers more knowledgeable and conscious about their rights and obligations
    • 5. The idea of one union for one plant or one industry should be popularized
    • 6. The Government should declare its policy to allow and encourage the parties to settle their conflicts by bipartite consultation and negotiation consistent with public safety and interest of the society in general
  • 10. NCL ON WELFARE AND WORKING CONDITIONS
    • There should be consolidated law on the welfare and working conditions applicable to all the establishments where 20 or more workers are employed irrespective of the nature of activities performed
    • The law should provide for the following:
    • Issue of letter of appointment along with a copy of Standing Orders to every worker
    • Prohibition of employment of children
    • Prohibition of underground work by women workers in mines
    • Prohibition of work by women workers between certain hours [Night shift should be permissible –[ at least 5 & safety & transportation assured by the employer]
  • 11. CONTD . . . .
    • Leave & holidays – 8 paid holidays in a year
    • Cleanliness, toilet facilities, etc.
    • Canteen – 200 or workers
    • Crèches [without conditions]
    • Appointment of welfare officers – 300 or more workers