PRESS INFORMATION BUREAU RELEASES 10TH AUGUST

Min of Labour & Employment

Workers Lacking Basic Rights

The Union Labour & Employment Minister Shri Mallikarjun Kharge has informed the Rajya Sabha that the basic rights of the workers are sought to be protected under the provisions of various Labour laws including the Minimum Wages Act, 1948, the Payment of Wages Act, 1936, the Factories Act, 1948, etc. The Minimum Wages act, 1948 is applicable to industrial and rural labourers, the Factories Act is applicable to all industrial establishment employing 10 or more workers with power and 20 or more workers without power and the Payment of Wages act is applicable to factories, mines, plantation workers, construction workers, etc. Hence, a substantial section of the workforce is covered under the ambit of these Acts. Replying to a written question in the Rajya Sabha today the Minister said Regular inspections are conducted and in the event of detection of any case of violation under these Acts, necessary action is taken including invoking of penal provisions against the defaulting employers. Comprehensive Labour Legislation The Union Labour & Employment Minister Shri Mallikarjun Kharge has informed the Rajya Sabha that ILO has adopted C-102 Social Security (Minimum Standards) Convention, 1952 covering various branches of Social Security like medical care, sickness, unemployment, old age etc., C-118 Equality of Treatment Convention, 1962 and C-157 Maintenance of Social Security Rights Convention 1982 providing for social security rights and benefits for migrant workers and C-168 Employment Promotion and Protection against Unemployment Convention 1988 requiring members to establish a system of protection against unemployment and to lay down an Employment Policy. Out of these, India has ratified C-118 Equality of Treatment Convention, 1962 on 19.08.1964. The principal social security laws enacted in India are- The Employees’ State Insurance Act, 1948; The Employees’ Provident Funds & Miscellaneous Provisions Act, 1952; The Workmen’s Compensation Act, 1923; The Maternity Benefit Act, 1961; and The Payment of Gratuity Act, 1972. The Arjun Sengupta committee report presented in 2006 relates to Social Security for the unorganised sector workers. Government has enacted the “Unorganised Worker’s Social Security Act” in 2008 to safeguard the interests of unorganised workers. The Act provides for constitution of National Social Security Board which shall recommend social security schemes viz life and disability cover, health and maternity benefits, old age protection and other benefits as may be determined by the Government for unorganised workers. Government has set up a National Social Security Fund for unorganised workers. Central Government is implementing various social security schemes for the benefit of unorganised workers like – Rashtriya Swasthya Bima Yojana (RSBY) Jana Shree BimaYojana, Indira Gandhi National Old Age Pension Scheme, Aam Aadmi Bima Yojna, Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA). India has also enacted Right to Education, 2009 which provides for compulsory education for 6-14 years. Presently, discussions are going on in ILO for a comprehensive instrument in the form of non-binding Recommendation on Social Protection Floor for providing basic social protection benefits for all. Government of India is of the view that each country should decide the level of its own Social Protection Floor and there should not be prescription of a Uniform Social Protection Floor for all countries. Social protection should be implemented depending on the national social and economic circumstances in member states. Replying to a related question the Minister said State governments are also implementing various schemes for providing social security benefits like health insurance and old age pensions to unorganized sector workers Review of the Recommendation of the Committee on EPS 1995 The Union Labour & Employment Minister Shri Mallikarjun Kharge has informed the Rajya Sabha that the Expert Committee constituted by the Central Government to review the Employees’ Pension Scheme, 1995 has submitted its report on 5th August, 2010, which is under consideration of the Central Board of Trustees (EPF). The report also includes recommendations on contribution to be made by all concerned viz. employers, employees and Central Government under various options. The Minister was replying to a written question whether Government has completed a review of the recommendations of the committee appointed to look into the various aspects of Employees Pensions Scheme (EPS) 1995. Review of Age Old Labour Laws The Union Labour & Employment Minister Shri Mallikarjun Kharge has informed the Rajya Sabha that review/updation of labour laws is an ongoing process. The required changes in the labour laws are accomplished by the Government after detailed consultation with the social partners including labour organizations and industry sector. Accordingly, amendments to Acts like the Payment of Wages Act, 1936, the Payment of Bonus Act, 1961, the Payment of Gratuity Act, 1972, the Employees’ State Insurance Act, 1948, the Industrial Disputes Act, 1947, the Plantation Labour Act, 1951 and the Workmen’s Compensation Act, 1923 have recently been carried out and a new Act, namely, the Unorganized Workers’ Social Security Act, 2008 has been enacted. Replying to a written question in the Rajya Sabha today the Minister said bill to amend the Labour Laws (Exemption from Furnishing Returns and Maintaining Registers by Certain Establishments) Act, 1988, and The Mines Act, 1952 have been recently introduced in the Parliament. Gender Gap in all India Services The All India Services (AIS) include Indian Administrative Service (IAS), Indian Police Service (IPS) and Indian Forest Service (IFS).Out of these officers, IAS & IPS are recruited through Civil Services Examination (CSE).The details of male and female recruited through CSE-2007 to 2009 are as under : Year of Examination 2007 2008 2009 M F M F M F IAS 79 32 87 32 90 41 IPS 71 24 103 18 117 24 Service allocation for CSE-2010 has not been made so far The details of male and female officers recruited through Indian Forest Service Examination are as under: Year of Examination 2007 2008 2009 2010 M F M F M F M F IFS 19 09 76 09 61 24 68 17 (M=Male, F=Female) The Government has no proposal to give weightage to women candidates for Civil Services Examinations to minimize the gender gap in the All India Services This was stated by the Minister of State in the Ministry of Personnel, Public Grievances and Pensions Shri V.Narayanasamy in written reply to question in the Lok Sabha today.