NEW DELHI: It is a new idea to achieve the UPA’s elusive goal of inclusive growth while giving industry the hiring flexibility it needs. But the government’s own narrow interests are holding it up.
With a vast part of the workforce now employed on contract basis without any job security, the Centre wants to amend the Contract Labour Act of 1971 to ensure a fair deal for such workers.
The proposed amendment mandates that contract workers get the same wages, facilities and benefits as regular employees. So even if contract workers have no security of tenure, they would get better salaries with health cover and social security benefits under the Employees’ State Insurance Corporation and Employees’ Provident Fund, respectively.
The labour ministry believes this would be a very effective instrument to transfer wealth and achieve the UPA’s inclusive growth agenda.
“By one amendment, wages would increase,” labour secretary Prabhat Chaturvedi told ET. “The trade unions’ resistance to hiring contract workers will reduce and industry would get the flexibility it keeps asking for in hiring practices,” he said.
Though there is no official fix on how many of India’s 450 million-odd workers are employed on contract, such workers’ exploitation is being seen as one of the reasons for rising industrial unrest in recent times.
“Most contract workers are paid just 40% of regular wages with no social protection. To earn profit by exploiting labour isn’t desirable in a democratic country and welfare state,” Mr Chaturvedi said.
The worst manifestation of such unrest was seen when Graziano Transmission CEO LK Chaudury was murdered by a mob of workers two years ago, after he laid off a few contract labourers. A Cabinet note moved by the labour ministry to amend the 1971 law has called for urgent action to prevent such instances from spiralling into a national labour crisis.
Maruti Suzuki managing executive officer SY Siddiqui agrees that industry must provide social security benefits to contract workers as it will also entail some flexibility in hiring.
“More flexibility in hiring would certainly help industries where there are demand surges and labour needs to vary through a year,” he told ET.
But equity in compensation, Mr Siddiqui stressed, must depend on workers’ skills. “If two sets of workers are doing the same job, there must be fairness in pay. But someone who unloads goods into my factory can’t be paid the same as a shop-floor worker who ensures the quality of the final product,” he explained. Mr Siddiqui is a member of the industrial relations council at the Confederation of Indian Industry (CII).
“The law provides for paying at least the minimum wages to contract workers,” said another CII official. “Industry strives to pay a little more, where possible, but to pay the same wages as regular workers would be difficult,” he said.
While industry is sceptical about how these changes will be implemented, the government is in a tizzsy over the implications. Several ministries have called for a rethink as they rely heavily on contract workers. In many public sector firms, contract workers make up for over 70% of their staff. The government is one of the biggest users of contract labour, they have pointed out.
Noting such concerns, cabinet secretary KM Chandrashekhar has asked the labour ministry to evaluate the financial impact of the proposed changes on the Centre’s finances as well as the economy at large.
The VV Giri National Labour Institute is now grappling with the question and is expected to submit its report this month. Mr Chaturvedi categorically dismisses the prospect of exceptions being made for PSUs or government departments under the new law. But the final shape of the law could alter on the basis of the impact assessment underway.
Ironically, rules to give contract workers fair wages and benefits already exist under the 1971 law, but they aren’t implemented in letter or spirit.
It has been proposed that these norms be explicitly stated up front in the Act, instead of the rules. Principal employers and contractors would have to furnish challans to show every month’s wage bill and social security benefit payments for contract workers.
While industry appreciates the intent of protecting contract labour from the prevalent exploitation, it has operational concerns.
“In many industries, permanent employees are no longer hired for some roles, such as security guards,” said Deepak Gupta, executive director (tax and regulatory services) at PricewaterhouseCoopers. “So how do you determine the fair wages for them?” he asked.
Operational details could be ironed out. But as and when the proposed changes become law, it would constitute a significant reform in India’s archaic labour legislations that are out of sync with post-liberalisation industrial realities.
Firstly, it would take cognisance of the fact that contract labour is here to stay—something that trade unions have been refusing to accept for two decades. More importantly, the changes could set the stage for Indian industry to hire workers with more freedom and give Indian youth a chance to realise the country’s much-vaunted demographic dividend.
Source: http://economictimes.indiatimes.com/news/economy/policy/Govt-seeks-to-amend-contract-labour-law/articleshow/6640126.cms
Tuesday, September 28, 2010
Thursday, July 29, 2010
C'wealth Games: Finally, workers get some legal cover
NEW DELHI: Labourers working at Commonwealth Games project sites finally have some reason to smile.
A week since a drive was started by the Delhi Legal Services Authority (DLSA), along with with the labour department and Delhi government, to ensure the rights of workers under labour laws, around 2,000 workers have successfully been registered and verified.
DLSA, which appointed a three-lawyer panel to look into the condition of Games project labourers, is holding camps every day till August 5 at various sites. So far, the panel has visited Akhsardham complex, Jawaharlal Nehru stadium, Shastri park and Indira Gandhi International Airport site, Tughklak Road metro station and R K Khanna stadium.
DLSA project officer Gautam Manan, who is spearheading the drive, said all workers at different sites are being registered as per labour laws. The workers are also being insured against any kind of damage. "The camps sensitize the workers about their rights and insurance in case of any mishap. Most of these workers are daily wage earners and little do they realise that these things make a difference in their lives,'' he said.
The DLSA drive comes a week after the Delhi high court directed the government to verify the registration of all workers at Games sites across the capital. Despite the claims of the government that around 3,000 workers had been registered in the last two months, HC in its order on a PIL filed by Peoples' Union For Democratic Rights on the plight of the Games workers took a stern view of the situation. "It is worth noting that the figures that are stated in the affidavit do not refer to workers employed for the purpose of CWG...the learned counsel for the state could not clarify whether all the workers who are registered are employed in CWG or elsewhere,'' the court noted on the affidavit filed by the Delhi government saying "around 4,000 applications were being processed and over 31,000 workers had been registered till date''.
It directed the Delhi government to verify the "registrations that had been made'' and sought the "exact number of workers registered with the CWG". The HC also set up a three-member panel a third body apart from a workers' welfare board and a monitoring committee to sensitise them on their entitlements.
The HC was earlier told that around 48 workers had died at various Games site and due to the absence of any registration, the families of the deceased could not get any compensation.
Source: http://timesofindia.indiatimes.com/city/delhi/Cwealth-Games-Finally-workers-get-some-legal-cover/articleshow/6230035.cms
A week since a drive was started by the Delhi Legal Services Authority (DLSA), along with with the labour department and Delhi government, to ensure the rights of workers under labour laws, around 2,000 workers have successfully been registered and verified.
DLSA, which appointed a three-lawyer panel to look into the condition of Games project labourers, is holding camps every day till August 5 at various sites. So far, the panel has visited Akhsardham complex, Jawaharlal Nehru stadium, Shastri park and Indira Gandhi International Airport site, Tughklak Road metro station and R K Khanna stadium.
DLSA project officer Gautam Manan, who is spearheading the drive, said all workers at different sites are being registered as per labour laws. The workers are also being insured against any kind of damage. "The camps sensitize the workers about their rights and insurance in case of any mishap. Most of these workers are daily wage earners and little do they realise that these things make a difference in their lives,'' he said.
The DLSA drive comes a week after the Delhi high court directed the government to verify the registration of all workers at Games sites across the capital. Despite the claims of the government that around 3,000 workers had been registered in the last two months, HC in its order on a PIL filed by Peoples' Union For Democratic Rights on the plight of the Games workers took a stern view of the situation. "It is worth noting that the figures that are stated in the affidavit do not refer to workers employed for the purpose of CWG...the learned counsel for the state could not clarify whether all the workers who are registered are employed in CWG or elsewhere,'' the court noted on the affidavit filed by the Delhi government saying "around 4,000 applications were being processed and over 31,000 workers had been registered till date''.
It directed the Delhi government to verify the "registrations that had been made'' and sought the "exact number of workers registered with the CWG". The HC also set up a three-member panel a third body apart from a workers' welfare board and a monitoring committee to sensitise them on their entitlements.
The HC was earlier told that around 48 workers had died at various Games site and due to the absence of any registration, the families of the deceased could not get any compensation.
Source: http://timesofindia.indiatimes.com/city/delhi/Cwealth-Games-Finally-workers-get-some-legal-cover/articleshow/6230035.cms
Thursday, July 22, 2010
Slave labour in svelte Delhi
Behind Delhi's radical makeover for the Commonwealth Games are 150,000 migrants labourers toiling hard to meet the October deadline. TOI Crest gives this silent workforce a name and a face.
Thirty-five-year old Vijay is from Sagar village in Madhya Pradesh. His thekedar, who makes regular trips to the villages to round up skilled and unskilled labourers, had told him he'd be working on the beautification of Delhi University roads under the Commonwealth Games Project.
The day Vijay arrived at the Old Delhi Railway station, it poured. For a scheduled caste ahirwar, inured to the varied uses and abuses of society at large, the train journey itself was only an extension of his uncomfortable, untouchable life. Consider the facts.
No one paid for Vijay's train fare, though under the labour laws he was entitled to it. The heat was overpowering, but at least that couldn't be blamed on the Games organisers. The fans didn't work. There was filth all over the compartment. There was no drinking water. No, no, that's not true, "There was no water." At all? "At all. The children cried all the time."
But, alas, in Delhi, Vijay's lot worsened even by his own ever-falling standards. The weather got wetter and weepier as the night deepened. Vijay and his family suddenly were the forcible recipients of free and plentiful supply of water, the commodity they could never normally get enough of. And they were stuck in the middle of the road in a new city that by and large believes kindness is a kind of affliction contracted by the weak of heart. Vijay worried for his four children, ranging from 6 months to 9 years. "Bechare bachchon ko dikkat hoti hai, hum ko koi phark nahin..."
Well, late that first night, Vijay and his family reached the Delhi University area. Somebody, a thekedar doppelganger, directed them to the footpath across the Khalsa College, the place he was born to beautify. "Where will we sleep?" Vijay asked. Bathing and crapping were also on his mind. But one thing at a time, he thought. Vijay was directed to his place of work. He'd be sleeping in his new office. The dug-up footpath where he was to lay the lovely pink stones would function as work place during day time, bedroom at night.
Earlier, when the thekedar in the flesh had met Vijay at his village, they had had a friendly cup of tea. The thekedar had paid for the tea from his own pocket. "The thekedar told me there'd be quarters or something," Vijay said without conviction. He was not accusing the thekedar of anything. He was merely observing without rancour that he had been arsed, again.
This is despite the fact that labour legislation - for instance, the Interstate Migrant Workmen's Act, 1979 - says migrant workers should be taken care of in terms of quarters and medical facilities. But, then, the labour laws also stipulate that unskilled workers like Vijay should be paid Rs 203 for eight hours' work, and that one day in a week should be given off.
What Vijay gets though is Rs 150. If that approximate difference of Rs 50 is multiplied by the conservative estimate of 150,000 labourers (there were at one time over 400,000 in Delhi), it will give you a rough idea of the money some of the civilised people in Delhi are making a day, down the chain of principal employer, contractor , sub contractor and thekedar. This is money from labourers alone. Kickbacks, commissions, and consultation fees go separately in suit and tie.
In a civil society this ought to be a scandal. Organisations like PUDR ( People's Union of Democratic Rights) and others have fought to focus attention on the labour issue. But, it is not even a scam, simply because we are devotees of marble tiles and pink stones, not justice. Only, it seems a little extravagant that the motto of the Commonwealth Games is Humanity, Equality, Destiny.
Neither does Vijay know that if he is required to do four hours over time, he should be paid Rs 406. What is the bet his contractor is claiming the extra allowance in Vijay's name? Because there really is no paper showing Vijay is working at all in Delhi. He is not registered with the labour welfare commission.
MP is one of the states in India which practises casteism with export quality cynicism. Ask Vijay. But in terms of exploitation, clearly the Sultanate of Delhi is not too far behind. Nearly half a millennium ago, Shah Jahan was building what is now Old Delhi. Was the lot of the slave labourer then any different from Vijay mixing cement for the new New Delhi? Not very, it appears.
The Games on a conservative estimate, cost about Rs 7,000 crore. The related infrastructure developments are tagged at over Rs 20,000 crore. Some of it was meant for Vijay. In May, Justice A P Shah, former Chief Justice of Delhi High Court, released a report by the Housing and Land Rights Network (HLRN), which found out that Rs 264.95 crore meant exclusively for the benefit of scheduled caste communities had been diverted for infrastructure development for the Commonwealth Games.
So in a very central way, Vijay and people like him from MP, UP, Bihar and Chhattisgarh - who form the bulk of the labour population in the city - are underwriting the capital's beauty drive. But, no matter how much money the government spends on cosmetic drives, a city will look clean and good, only if poverty is removed. Which is why the Games are a cruel sport in splurging.
Does all this make Vijay angry?
"Nahi, pareshaan hain, saab."
"In Deewar, the hero Amitabh Bachchan has your name."
"Didn't see Deewar."
"Who's your favourite hero? Salman Khan?"
"She," Vijay points at his wife, Suman, who is also an unskilled worker. You look at the frail Suman. She has two kids on her hips and one hugging her legs. No hero has to fight so many odds.
Source : http://timesofindia.indiatimes.com/India/Slave-labour-in-svelte-Delhi/articleshow/6182947.cms
Thirty-five-year old Vijay is from Sagar village in Madhya Pradesh. His thekedar, who makes regular trips to the villages to round up skilled and unskilled labourers, had told him he'd be working on the beautification of Delhi University roads under the Commonwealth Games Project.
The day Vijay arrived at the Old Delhi Railway station, it poured. For a scheduled caste ahirwar, inured to the varied uses and abuses of society at large, the train journey itself was only an extension of his uncomfortable, untouchable life. Consider the facts.
No one paid for Vijay's train fare, though under the labour laws he was entitled to it. The heat was overpowering, but at least that couldn't be blamed on the Games organisers. The fans didn't work. There was filth all over the compartment. There was no drinking water. No, no, that's not true, "There was no water." At all? "At all. The children cried all the time."
But, alas, in Delhi, Vijay's lot worsened even by his own ever-falling standards. The weather got wetter and weepier as the night deepened. Vijay and his family suddenly were the forcible recipients of free and plentiful supply of water, the commodity they could never normally get enough of. And they were stuck in the middle of the road in a new city that by and large believes kindness is a kind of affliction contracted by the weak of heart. Vijay worried for his four children, ranging from 6 months to 9 years. "Bechare bachchon ko dikkat hoti hai, hum ko koi phark nahin..."
Well, late that first night, Vijay and his family reached the Delhi University area. Somebody, a thekedar doppelganger, directed them to the footpath across the Khalsa College, the place he was born to beautify. "Where will we sleep?" Vijay asked. Bathing and crapping were also on his mind. But one thing at a time, he thought. Vijay was directed to his place of work. He'd be sleeping in his new office. The dug-up footpath where he was to lay the lovely pink stones would function as work place during day time, bedroom at night.
Earlier, when the thekedar in the flesh had met Vijay at his village, they had had a friendly cup of tea. The thekedar had paid for the tea from his own pocket. "The thekedar told me there'd be quarters or something," Vijay said without conviction. He was not accusing the thekedar of anything. He was merely observing without rancour that he had been arsed, again.
This is despite the fact that labour legislation - for instance, the Interstate Migrant Workmen's Act, 1979 - says migrant workers should be taken care of in terms of quarters and medical facilities. But, then, the labour laws also stipulate that unskilled workers like Vijay should be paid Rs 203 for eight hours' work, and that one day in a week should be given off.
What Vijay gets though is Rs 150. If that approximate difference of Rs 50 is multiplied by the conservative estimate of 150,000 labourers (there were at one time over 400,000 in Delhi), it will give you a rough idea of the money some of the civilised people in Delhi are making a day, down the chain of principal employer, contractor , sub contractor and thekedar. This is money from labourers alone. Kickbacks, commissions, and consultation fees go separately in suit and tie.
In a civil society this ought to be a scandal. Organisations like PUDR ( People's Union of Democratic Rights) and others have fought to focus attention on the labour issue. But, it is not even a scam, simply because we are devotees of marble tiles and pink stones, not justice. Only, it seems a little extravagant that the motto of the Commonwealth Games is Humanity, Equality, Destiny.
Neither does Vijay know that if he is required to do four hours over time, he should be paid Rs 406. What is the bet his contractor is claiming the extra allowance in Vijay's name? Because there really is no paper showing Vijay is working at all in Delhi. He is not registered with the labour welfare commission.
MP is one of the states in India which practises casteism with export quality cynicism. Ask Vijay. But in terms of exploitation, clearly the Sultanate of Delhi is not too far behind. Nearly half a millennium ago, Shah Jahan was building what is now Old Delhi. Was the lot of the slave labourer then any different from Vijay mixing cement for the new New Delhi? Not very, it appears.
The Games on a conservative estimate, cost about Rs 7,000 crore. The related infrastructure developments are tagged at over Rs 20,000 crore. Some of it was meant for Vijay. In May, Justice A P Shah, former Chief Justice of Delhi High Court, released a report by the Housing and Land Rights Network (HLRN), which found out that Rs 264.95 crore meant exclusively for the benefit of scheduled caste communities had been diverted for infrastructure development for the Commonwealth Games.
So in a very central way, Vijay and people like him from MP, UP, Bihar and Chhattisgarh - who form the bulk of the labour population in the city - are underwriting the capital's beauty drive. But, no matter how much money the government spends on cosmetic drives, a city will look clean and good, only if poverty is removed. Which is why the Games are a cruel sport in splurging.
Does all this make Vijay angry?
"Nahi, pareshaan hain, saab."
"In Deewar, the hero Amitabh Bachchan has your name."
"Didn't see Deewar."
"Who's your favourite hero? Salman Khan?"
"She," Vijay points at his wife, Suman, who is also an unskilled worker. You look at the frail Suman. She has two kids on her hips and one hugging her legs. No hero has to fight so many odds.
Source : http://timesofindia.indiatimes.com/India/Slave-labour-in-svelte-Delhi/articleshow/6182947.cms
Monday, July 19, 2010
Labour unrest ‘can hurt' foreign investments
Trade unions, industry and the Government must talk on labour related issues in a ‘de-politicised' environment to address the unrest in major industrial centres, according to Mr J.N. Amrolia, Director, Ashok Leyland John Deere.
Addressing the inaugural of the 90-year celebrations of the Employers' Federation of Southern India, he said labour unrest is adversely impacting inflow of foreign investments as potential investors were having second thoughts, he said. The violence of the kind that broke out in Coimbatore and Haryana is ‘not excusable.' It is a law and order issue and not one of industrial relations. Irrespective of government perspective on the issue, it is something that cannot be tolerated. However, the unrest in the Sriperumbudur industrial belt near Chennai is a clear breakdown of internal communications, he said. Absence of effective and credible personnel managers to mediate between union and the management, ineffective government labour machinery and a young, ambitious workforce have together resulted in a dangerous mix that has exacerbated issues, he said.
New industries coming from all over the globe have their own vision of labour management but that is at variance with local expectations. Money alone is not the solution. But the pity is the complication has resulted in inflow of new investments being affected, he added.
Unions are a way of life and old industries have managed better. The industry is not against unions, he said. When industries ask for flexibility on labour-related issues they are not talking about ‘hire and fire.'
The manufacturing sector needs to adapt to market changes to be competitive.
What is needed is a comprehensive review of the Trade Union Act and not just a simple law making union recognition compulsory. The Government must consult the industry and the unions before tinkering with the law as they need to look at related issues of multiple unions and the ‘pernicious' practice of annual elections of union office-bearers, which affects continuity in effective dialogue, he said.
Also, archaic laws such as the Factories Act and the ineffective ESI laws need to be revamped, he said.
The manufacturing sector is facing a huge shortage of skilled workforce and the manpower cost advantage is non-existent or disappearing. Indian industry is not competitive as compared with South East Asia or China. Labour arbitrage alone cannot support survival but governance, ease of doing business, government regulations and infrastructure availability are key issues, Mr Amrolia said.
Thursday, July 15, 2010
Left unions rope in intuc for strike
This is Intuc’s first all-India strike since 1947
With Congress-affiliated Indian National Trade Union Congress (Intuc) joining them, the Left-backed trade unions plan to cripple all sectors, including the information technology (IT) hub in Kolkata, on September 7 with their favourite ‘sport’ — strike. After calling for a nationwide workers’ strike, a decision taken at the national convention of the Centre of Indian Trade Unions (Citu), union president A K Padmanabhan told Business Standard: “A few months ago, there was a strike in Bangalore and IT companies including Infosys couldn’t operate. If this can happen in Bangalore, why it can’t be repeated in other parts of the country?”Gurudas Dasgupta, another ‘strike specialist’ and the general secretary of the CPI-affiliated Aituc said with confidence: “Except essential services, no sector will be left out, including the IT sector in West Bengal.”
The Left trade unions are joyous as they have managed to rope in Intuc as this will be the latter’s maiden all-India strike after Independence.
Apart from the price rise issue, the trade unions want to protest against job losses and the decrease in wages because of the global meltdown, violation of labour laws, outsourcing and use of contract workers and government’s apathy towards creating a viable National Social Security Fund.
“This is not a political move. We are doing it for the unity of the workers. I have not spoken to Sonia Gandhi (Congress president). But I am sure she will not oppose our move,” Intuc head G Sanjeeva Reddy said.
For West Bengal Chief Minister Buddhadeb Bhattacharjee — once considered the poster boy of Marxist governance — this will be another litmus test within three months. Bhattacharjee wanted his state to be exempt from the nationwide strike called by the Left parties on July 5. He failed even as the Tripura CM managed an expemtion from his party. Bhattacharjee, who had openly disapproved of the ‘bandh culture’ of his comrades a couple of years ago, will need to muster courage and tactics to save the treasured IT sector from the Red blockade.
For Citu Secretary Dipankar Mukherjee, Bhattacharjee seems to be a “no problem” area. When asked if the Bengal CM will support this strike, Mukherjee said: “That Buddhadeb Bhattacharjee is opposed to our protest programmes is only in the imagination of the media.”
Dasgupta claimed, “our strike will be much bigger than the hartal of the political parties on July 5. Millions and millions of workers will come out on the streets to send a message to the central government. This United Progressive Alliance government is not listening to the voice of the people. It is not paying attention to our problems. During the last few months, the situation has deteriorated further. So, we are compelled to call a bandh.”
Padmanabhan pointed out, “this is not a stand-alone strike. This is a part of our ongoing struggle against the policies of the government.”
BMS, the trade union wing of the Sangh Parivar, has opted out of this strike as it wanted it to be called in November. But the Left hardliners didn’t have the patience to wait for the winter and wants to carry forward the current momentum.
The saffron brigade of BMS is out. Congress’ Intuc is in. Still Gurudas Dasgupta said, “BMS is not participating but we appeal to the BMS to cooperate. I want to make it clear that nobody is untouchable to us in the trade union movement. I don’t care if someone is carrying red flag or a saffron flag. If a worker is exploited, he is with us.”
BMS termed the current situation as “worst” and “complete failure” of the Centre. But it said, “Recently all-India bandh was observed by political parties. So, it would not be a wise step to go for a similar strike in September”. It also evoked the issue of “national prestige” and said, “Commonwealth Games are scheduled in October. Hence this is not the proper time to call a strike. Moreover, prestige of India is involved in such international games.”
Padmanabhan said, “BMS opted out just for the timing issue. Otherwise, they are with us.”
Textiles ministry plans factory grading to fend off US ban
NEW DELHI: Faced with the possibility of the US blacklisting Indian apparels for use of child labour, the textile ministry is working on informal grading of textile units. It has teamed up with exporters to persuade factories in Delhi and Mumbai to adopt global practices, a government official has said.
To convince the US government about its seriousness towards eliminating child labour, the ministry will also set up dedicated cells to investigate cases of suspected child labour in the industry.
The US has threatened to include India in the Trafficking Victims Protection Reauthorisation (TVPRA) list and the Executive Order 13126 List (EOL) of the Department of Labour for using child labour. This could lead to large buyers from the US like Walmart, GAP, H&M, Diesel, M&S, Levi’s, boycotting Indian textiles leading to large losses for exporters.
The country accounts for 30% of India’s total apparel exports worth $10 billion.
“We are extremely concerned and have made it our personal mission to disprove that the garment industry is using forced child labour,” textiles secretary Rita Menon told ET.
The ministry is already in talks with the US government to persuade it not to go ahead with its intention to place India on the TVPRA list and EOL later this year. The ministries of external affairs and commerce are also being consulted by it on how the issue should be tackled, a ministry official said.
The textiles secretary has written to foreign secretary Nirupama Rao, urging her to take up the matter during US Secretary of State Hillary Clinton’s visit to India.
These efforts are over and above the common compliance code for the industry being worked out by the apparel export promotion council, the government-sponsored body of apparel exporters in India, which would ensure elimination of child labour and compliance with environmental requirements like chemicals, hazardous substance, domestic sewage, waste handling, personal protective equipment and recycling practices.
“This is first-of-its-kind, industry-owned compliance project. It not only aims at developing an India-specific code of ethics but also offers training and ways to build capacities, ” said AEPC chairman Prem Udani.
Source : http://economictimes.indiatimes.com/news/news-by-industry/cons-products/garments-/-textiles/Textiles-ministry-plans-factory-grading-to-fend-off-US-ban/articleshow/6174538.cms
To convince the US government about its seriousness towards eliminating child labour, the ministry will also set up dedicated cells to investigate cases of suspected child labour in the industry.
The US has threatened to include India in the Trafficking Victims Protection Reauthorisation (TVPRA) list and the Executive Order 13126 List (EOL) of the Department of Labour for using child labour. This could lead to large buyers from the US like Walmart, GAP, H&M, Diesel, M&S, Levi’s, boycotting Indian textiles leading to large losses for exporters.
The country accounts for 30% of India’s total apparel exports worth $10 billion.
“We are extremely concerned and have made it our personal mission to disprove that the garment industry is using forced child labour,” textiles secretary Rita Menon told ET.
The ministry is already in talks with the US government to persuade it not to go ahead with its intention to place India on the TVPRA list and EOL later this year. The ministries of external affairs and commerce are also being consulted by it on how the issue should be tackled, a ministry official said.
The textiles secretary has written to foreign secretary Nirupama Rao, urging her to take up the matter during US Secretary of State Hillary Clinton’s visit to India.
These efforts are over and above the common compliance code for the industry being worked out by the apparel export promotion council, the government-sponsored body of apparel exporters in India, which would ensure elimination of child labour and compliance with environmental requirements like chemicals, hazardous substance, domestic sewage, waste handling, personal protective equipment and recycling practices.
“This is first-of-its-kind, industry-owned compliance project. It not only aims at developing an India-specific code of ethics but also offers training and ways to build capacities, ” said AEPC chairman Prem Udani.
Source : http://economictimes.indiatimes.com/news/news-by-industry/cons-products/garments-/-textiles/Textiles-ministry-plans-factory-grading-to-fend-off-US-ban/articleshow/6174538.cms
Workers strike again at Nokia's India factory
Workers at Nokia's Chennai factory in south India went on strike on Tuesday, demanding higher wages.
The factory is a key hub for the manufacture of mobile handsets and employs 8,000 workers. Nokia officials declined to comment on the impact the strike would have on production of phones.
The strike follows negotiations on Monday between Nokia and the local union, Nokia India Employees Progressive Union (NIEPU), for a long-term wage settlement, which Nokia said was close to being finalized.
Nokia said in a statement that the wages being offered are among the highest in the region in similar industries.
Nokia appeared to have resolved in the current negotiations another contentious issue when it offered to revoke the suspension of 60 workers. The company suspended 60 Chennai factory employees in January on charges of misconduct.
About 1,200 workers then went on strike in protest of the suspensions. Nokia said it would use other factories it has globally to avoid disrupting production.
India's manufacturing sector has strong trade unions unlike the software services and business process outsourcing industries.
The proposed settlement on Monday between Nokia and the NIEPU was rejected by a faction within NIEPU opposed to the new leaders of the union, according to sources who declined to be named.
NIEPU is currently under the control of the Labour Progressive Front (LPF), a union that is affiliated to the ruling DMK (Dravida Munnetra Kazhagam) party in Tamil Nadu state of which Chennai is the capital. NIEPU and LPF were not immediately available for comment.
CITU (Centre of Indian Trade Unions), a large leftist trade union, supports the strike at Nokia, said A. Soundararajan, the union's general secretary in Tamil Nadu, on Wednesday.
Nokia had a 54.1 percent market share in India of units sold in 2009, according to research firm IDC India.
Friday, July 2, 2010
STOP LABOUR RIGHTS VIOLATIONS IN THE APPAREL SECTOR AND COMPLY WITH ILO STANDARDS TO PROTECT US GSP
The TUC wishes to state that the US GSP complaint accepted this week by the US government is a direct result of poor labour conditions and non-compliance with international labour standards of the ILO especially by the apparel sector employers and the government of Sri Lanka. It draws attention to poor enforcement of labour laws in Export Processing Zones and the apparel sector, restrictions to form union federations consisting of public-private sectors, etc..
The AFL-CIO submitted the complaint to the US government as all efforts of local unions to
address issues with Sri Lankan labour authorities failed despite repeated attempts. The complaint
could have been avoided if local labour authorities discharged their duties effectively and
impartially.
The AFL-CIO complaint is inundated with solid and verifiable evidence relating to a plethora of
violations of labour standards i.e. restrictions on freedom of association and collective bargaining, anti-union discrimination, sever exploitation, non enforcement of labour laws impartially etc.. in the Sri Lankan apparel sector.
It is no more possible to sweep these issues under the carpet or cover them with expensive fake PR campaigns such as “garments without guilt”. The pathetic labour situation in the apparel sector is now an open secret. All cases against Sri Lanka, of the last two decades before the ILO quasijudicial body based in Geneva, are exclusively on the Sri Lankan apparel sector or involving apparel sector organisations. These international body findings have exposed the violations of rights and exploitations in the apparel industry. It is shocking to note that some of Sri Lanka’s top apparel exporting companies stand accused of serious workers’ rights violations in the complaint. The complaint exposes the duplicity of these apparel conglomerates.
A key factor raised in the AFL-CIO complaint is Sri Lanka’s non-compliance with the
recommendations of the ILO quasi-judicial body’s decision on the restriction of the right to strike.
This issue was sparked before the Geneva based ILO body due to irresponsible actions of an
apparel sector organisation in 2006. The ILO held the joint apparel body’s court intervention was a violation of international labour standards. These developments cast serious doubts on the fake “garments without guilt” campaign.
The TUC notes, the US government prior to accepting the AFL-CIO complaint held extensive highlevel consultations with government representatives, trade unions and apparel sector employer organisations over the last 18 months. Therefore, the decision to conduct the review is not ad hoc. It’s based on credible and verifiable evidence presented.
The TUC considers that the time has now come for all stakeholders in the labour sector to accept facts as they are and engage them with a view to positively improve realistic ground situations. The TUC strongly urges all apparel sector employers to recognise trade unions, stop anti-union discriminations and respect ILO principles on Freedom of Association and Collective Bargaining.
The TUC strongly believes that as a nation we can overcome the challenge of the AFL-CIO petition only if employers, trade unions and the government are committed to work together and present a joint position before the US authorities. There ought to be a constructive dialogue on the issues raised in the petition among the relevant stakeholders and consensus needs to be reached with a view to making positive and progressive changes in the workers’ rights situation. The TUC is willing to support Sri Lanka’s position in such an event before the US government.
The TUC hopes the government will accept the support offered by it to overcome the current
situation arising from the US GSP review. Therefore, the TUC urges the government to begin
immediately a genuine and constructive process of engagement of relevant issues in order to put things in order and save the US GSP.
Thursday, June 24, 2010
India home to over 60 million child labourers
OVER 60 million children who are below 14 years of age are working in India. Some are as young as four years.
India is one of the fastest growing economie in the world and has the potential to be a super power nation but millions of innocent children here are not attending school. They are but busy doing petty jobs in restaurants, silk industry, carpet weaving, firecracker units, etc. Children are forced to work to help their poor families, but this deprives them of their basic right to childhood joys and education.
The condition of these kids is awfully appalling, they are paid mere Rs 300 to Rs 500 a month; sometimes they are given food to survive and no money at all.
India has around 30 per cent of the world’s working kids living here. A study conducted by the International Confederation of Free Trade Unions, says there are as many as 60 million children working in India’s agricultural, industrial and commercial sectors.
Non government organisations’ emphasis that the number could be around 100 million, if one was to describe all children out of school as child labourers.
Among the obvious reasons for child labour, poverty is the biggest reason in India. Child Labour Law of India is in line of International Labour Conference Resolution of 1979. The Child Labour (Prohibition and Regulation) Act, 1986, seeks to achieve the basic objective of banning employment of kids below the age of 14 years in factories, mines and hazardous employment and to regulate the working conditions of children in other employment.
However, there are loop holes, as the law fails to curb the menace of child labour. What role we as citizens of a shining India should play to end this threat to our youngsters so that these wonderful kids do not need to toil for making the ends meet? What can we do to bring a smile back on their innocent faces?
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