Beruflich Dokumente
Kultur Dokumente
ON LABOUR IN INDIA
NAME : S.VINEETH
REG.NO : H13116
DATE OF SUBMISSION :
3 EVOLUTION
9 RECOMMENDATIONS
10 CONCLUSION
INTRODUCTION:
The principal social security laws enacted in India are the following:
After the submission of the report of the first NCL in 1969, a lot of
changes have taken place in the last century in techonology, social, economic,
politico legal, and in international environment of industry. The initiation of
several economic reforms during the 1990s, further necessitated a review of
industrial relations scenario, labour laws and other related matters and bring the
desired changes to deal with the challenges of future. The need for setting up of the
Second National Commission on Labour was felt. During the period of three
decades since the setting up of the first National Commission on Labour there has
been an increase in the number of workforce and other factors due to the growing
pace of industrialization. After the implementation of new economic policy in
1991, changes have taken place in the economic environment of the country which
have in turn brought about radical changes in the domestic industrial climate and
labour market. Changes have occurred at the work places like character of
employment, changes in hours of work, and overall change in the scenario of
industrial relations. These changes have resulted in uncertainties in the labour
market requiring a new look to the labour laws. In the light of the above position,
the government resolved on 15 -10-1999 to set up the second National
Commission on Labour so that a high powered body could dispassionately look
into these aspects and suggest appropriate changes in the labour legislation and
labour policy. With this background the central Government set up the second
National Commission on Labour in 1999 under the chairmanship of Ravindra
Varma. The commission was entrusted to suggest, among other things,
rationalization of the existing labour laws in the organized sector so as to make
them more relevant in the changing economic conditions under the impact of
globalization. It is a well acknowledged fact that both foreign investment and
export growth are being constrained by the existing labour laws which do not allow
any room for a direct linkage between increase in wages and productivity growth.
The existing labour laws are so inflexible that employers are reluctant to hire
labour because they would not be able to fire surplus labour in the future. Unless
the labour laws are changed higher manufacturing growth will not automatically
result in greater employment. They will be constrained to undertake downsizing or
restructuring for fear of trouble from the trade unions. Thus a thorough review of
the provisions of the Industrial Disputes Act and other labour legislations is called
for in order to impart greater flexibility to the labour market and thereby encourage
more employment and attract larger amounts of foreign investment. The second
National Commission on Labour was expected to formulate an umbrella law to
ensure protection to workers in the unorganized sector which in the absence of
growth in job opportunities in the organized sector, is expanding at a rapid pace,
absorbing school dropouts, women, and children. It is of the utmost importance to
look after the welfare and interests of the 32 crore workers in the unorganized
sector because they are often made to suffer silently. They are not always paid
minimum wages and even their low salaries are not paid on time besides being
subject to deduction by way of commissions to middlemen. The terms of reference
of the second National Commission on Labour are (a) to suggest rationalization of
existing laws relating to labour in the organized sector and (b) to suggest an
umbrella legislation for ensuring a minimum level of protection to the workers in
the unorganized sector. The commission took into account (i) follow up
implications of its recommendations (ii) The emerging economic environment
involving rapid technological changes requiring response in terms of change in
methods, timing and conditions of work in industry, trade and services,
globalization of economy, liberalization of trade and industry and emphasis on
international competitiveness and the need for bringing the existing laws in tune
with the future labour market needs and demands (iii) The minimum level of
Labour protection and welfare measure and the basic institutional frame work for
ensuring the same and (iv) improving the effectiveness of measures relating to
social security, occupational health and safety, minimum wages and linkage of
wages with productivity, and in particular the safeguards and facilities required for
women and handicapped persons in employment. The second National
Commission on Labour submitted its report to the Government in July 2002.
The Commission has suggested the recommendations on social security. The main
recommendations amongst the other are(VERBATIM):
The policies and laws must be framed in such a way that they are mostly
concentrated for the benefit of unorganized workforce. There should be proper
mechanism by which the public is made aware about the existing social security
schemes. The existing laws should be implemented strictly by the state labour
departments with the help of Social security officers/inspectors and the defaulting
employers should be punished. Labour officials should meet management
members and trade union leaders when they visit in factories to know the problems
of the workers. Effective Coordination must be there between the government,
employers and employees. The trade unions work as backbone of an establishment
and well wisher of workers, their opinion should be taken in formulation and
implementation of labour policies , Political commitment should be there and more
budget should be provided for social security schemes, , more use of information
and technology, all the benefits should be transferred directly into the accounts of
beneficiaries no cash/cheque payments should be made, there is multiplicity of
schemes e.g. JSY,IGMSY with same benefit all the schemes with similar benefits
should be merged into one, all the schemes should be right based. More NGOs
should be involved. More efforts should be made for public private partnership.
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