RAILWAY BOARD: Hiring of ex-Army personnel to work as AC Coach Attendants

RAILWAY BOARD: Hiring of ex-Army personnel to work as AC Coach Attendants

GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
RAILWAY BOARD

No. 2018/ Trans. Cell/ Mech/ Contractual Staff

New Delhi, Dated: 18.02.2019

The General Manager
All Zonal Railways

Sub: Hiring of ex-Army personnel to work as AC Coach Attendants.
Ref: GM/ECR's DO letter No. ECR/ADM/SEC/MECH/2019 dated 23.01.2019.

A reference was received from General Manager, East Central Railway seeking approval for hiring of ex-Army personnel as AC coach attendants.

The issue has been deliberated upon and the Board (MS, FC & CRB) has approved the following:

• The issue is of hiring through contract of ex-Armymen for ACCA. Zonal Railways can do the same by framing the contract conditions accordingly. There is no specific need for approval of Railway Board for this.
• This can be done where the posts are vacant against sanctioned strength only. This issues with the concurrence of the Associate Finance of the Transformation Cell.

(A.K. Chandra)
Executive Director/Mech./Transformation

Source: Indian Railways

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BSNL to pay gratuity to Casual Labourers

BSNL to pay gratuity to Casual Labourers:

BSNL Corporate office has issued an order to sought the details regarding engagement details of casual labourers from all Circles for extension of gratuity to casual labourers.  The text of BSNL order is reproduced below:-

BHARAT SANCHAR NIGAM LIMITED
(A Govt. of India Enterprise)
Labour Establishment (LE) Section
Establishment Branch.

F.No.11-3/2014-LE

Dated the 19th Aug 2015

To
All Heads of Circles,
BSNL

Subject- Extension of gratuity to casual labourers -details regarding engagement details of casual labourers – reg

Sir,

Kindly refer to this office letter of even number dated 31.03.2015 and subsequent reminder dated 13.05. 2015 (letters available in the intranet) requesting to furnish the following information in respect of the casual labourers currently being engaged in your Circle:-

Sl.No.	Name of casual labourers	Whether TSM status conferred	Date of birth	Date of engagement	Present monthly  wages

2. The requisite information/ details has not been received from all Circles till date. In this connection, it is mentioned that the issue of extending the provisions of Payment of Gratuity Act 1972/ BSNL Gratuity Trust Rules to casual labourers is under consideration of BSNL Corporate office . The list of casual labourers who will be covered under the Rules, their monthly wages , date of engagement date of birth etc. are required to calculate the fund requirement for covering the employees under the said Act/ Rules.

3. As the issue is to be settled without any further delay, it is once again requested to furnish the information/ details immediately to this office. While requesting to furnish the details Vide letters referred above, it was specifically requested to sent the soft copy also on E-mail address jkmishra__2005 @yhaoo.co.in or sanjeevkumar.pradhan @gmail. com.

4. It is, therefore, requested to all Circles, who have not furnished the information till date, to furnish the same immediately to this office latest by 31.08.2015. It is also requested to all Circles to ensure that soft copy of the details has been mailed to the above e mail address.

The matter may be treated as URGENT.

Yours faithfully,
sd/-
(J.K Mishra)
Astt. General Manager(ESTT.II)

Source: http://www.bsnleuchq.com/190820150001.pdf

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Restoration of the erstwhile Group-D posts and regularization of the services of Contract/Casual Employees

Restoration of the erstwhile Group-D posts and regularization of the services of Contract/Casual Employees

Shiva Gopal Mishra Secretary	Ph: 23382286 National Council (Staff Side) Joint Consultative Machinery for Central Government Employees 13-C, Ferozshah Road, New Delhi – 110001 E Mail: nc.jcm.np@gmail.com
No.NC/JCM/7th CPC/2015	Dated: July 6, 2015

7th Central Pay Commission,
Chatrapathi Shivaji Bhawan,
Qutup Institutional Area,
New Delhi

Dear Madam,
Sub: Restoration of the erstwhile Group-D posts and regularization of the services of Contract/Casual Employees

Introduction

During the course of oral evidence of the Staff Side of the National Council(JCM), with the 7th CPC, while discussing on Chapter 17, para No.17.1, 17.4.2 to 17.5.5 of the memorandum submitted by the Staff Side of the National Council(JCM), the Staff Side stated that a large number of contract/casual, contingent and daily rated workers are deployed in various Central Govt. Establishments including Railways, Defence, postal, Income Tax and Accounts & Audit etc. especially in the jobs performed by the erstwhile Group-D Employees such as Chowkidar, Safaiwalas, Peons, Mali, Washerman etc. The Chairman of the 7th CPC after listening to the views put forth by the Staff Side in this regard has desired that the Staff Side may give their views in writing for restoration of the erstwhile Group-D posts in Central Govt. Establishments. Accordingly the following note is submitted for the favourable consideration of the 7th CPC

Background

Till the beginning of the 1980’s the nature of duties like sweeping, gardening, Watch Ward, Peon, Orderly, Messenger, Duftry etc., were performed by permanent Group-D Employees. However, after imposition of ban on recruitment from 1984 onwards, many Government Department, as mentioned above, stopped recruitment in the above mentioned posts and have started outsourcing all these jobs, resulting in large scale scam and corruption and also exploitation of labour. It is reliably learnt that more than 35% contract/casual workers are employed in all the Central Govt. Departments. The 6th CPC after considering the fact that the above mentioned Group- D posts also require certain amount of skill recommended for upgradation of all Group-D posts to Group-C by upgrading the pay scales. Acco~dingly these employees after suitable training were re-designated as Multi Tasking Staff (MTS). The 6th CPC further recommended that recruitment in the erstwhile Group-D posts will be from amongst Candidates possessing minimum qualification of either 10th pass or ITI certificates.

Although the pay scales of erstwhile Group-D employees were upgraded, the recommendation relating to multi tasking could not be given effect in letter and spirit in many of the Central Govt. Departments due to
practical problems and functional difficulties in view of the fact that the job profile of all the erstwhile Group-D categories has not only been distinctly different from each other, but majority of the posts have full time jobs leaving very little scope for carryout multi tasks.

Employment opportunities for School dropouts

Prior to implementation of recommendation of 6th CPC, the educational qualification required for most of the erstwhile Group-D posts with 8th Std. passed or less qualification as the job profile of these posts did not demand high standards of education. The maximum education qualification for the erstwhile Group-D posts was prescribed at 8th Std. passed in keeping with the aims and principles of inclusive growth and economic empowerment of poor and the downtrodden who are unable to afford higher education due to socio economic reasons and conditions. Recently the Skill Development Ministry has taken a decision to impart training for the school dropouts, so as to make them eligible for employment opportunities.

Proposal of Staff Side

In view of the facts mentioned above the Staff Side propose the following for the consideration of the 7th CPC:-

(i) Minimum qualification for all the posts shall be 8th standard pass or less and that persons possessing educational qualification beyond 10th Std. may be debarred from seeking employment in all the above posts.

(ii) All the outsourced workers at present employed in various erstwhile Group-D posts either through contractors or through the system of outsourcing, Casual/daily rated workers may be absorbed against the existing vacancies subject to possessing the educational qualification or by imparting them in-house training. This will go a long way in curbing corruption and also exploitation of the poor contract and casual workers.

We hope that the 7th CPC may consider our proposals in its true perspective.

Yours faithfully,
(Shiva Gopal Mishra)
Secretary(Staff Side)
NC/JCM

Copy to: All Constituents of JCM(Staff Side) – for information.
https://drive.google.com/file/d/0B0rqvSYMJv2IcGNLZFhHQjdsTWc/view?pli=1

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Payment of Minimum wages to DEOs engaged in PAO, Ministry of Health and Family Welfare, Kolkata: AICAEA writes to CGA

Payment of Minimum wages to DEOs engaged in PAO, Ministry of Health and Family Welfare, Kolkata: AICAEA writes to CGA

All India Civil Accounts Employees Association
(RECOGNISED BY GOVT. OF INDIA)
CENTRAL HEADQUARTERS

No: AICAEA/HQ/C-1/2015/169-171

Dated: 18.03.2015

To,
The Chief Controller of Accounts,
Ministry of Health & Family Welfare,
Room No. 147, ‘A’ Wing, Nirman Bhawan,
New Delhi–110011

Subject: – Settlement of the problems referred by the PAO, Ministry of Health & Family Welfare, Kolkata Unit.
Reference: – This Association’s letter No. AICAEA/HQ/C-1/2014/2252-54 dated 26-02-2014.

Madam,
With reference to the above and in pursuance of the discussion held with the Controller of Accounts, Ministry of Health and Family Welfare on 10th February 2015, I would like to draw your kind attention to the following few lines –

1. Payment of Minimum wages to DEOs engaged in PAO, Ministry of Health and Family Welfare, Kolkata:-
Through the letter dated 1st September 2014, the Unit Association of PAO, Ministry of Health and Family Welfare, Kolkata had brought it to your kind notice that the outsourced employees engaged in the PAO, Ministry of Health & Family Welfare, Kolkata as Data Entry Operators have not only been receiving less pay then the rate prescribed by the Ministry of Labour but also lesser than their counterparts working in the Ministry of Health & Family Welfare itself. Alongwith its letter, the Unit Association had also forwarded a detailed note analyzing the entire fact for your perusal and favorable action.

As 10 posts of Accountant/Senior Accountant, 4 posts of LDCs and 4 posts of MTS were vacant in PAO, Ministry Of Health and Family Welfare, Kolkata , it was decided by the CCA, Ministry of Health and Family Welfare to recruit 5(Five) Data Entry Operators through third party (Contractor) to meet the shortfall. These DEOs were granted Rs. 339/- per day in spite of the fact that being Graduates and Computer trained, they fall under the category of “Highly Skilled” and they had been engaged against regular works being performed by the Accountant, Senior Accountant and LDC.

Data Entry Operators engaged in the Central Drug Laboratory, Ministry of Health and Family Welfare, Kolkata have been receiving daily wages @ Rs. 405/- and the Pay Accounts Office, Ministry of Health and Family Welfare, Kolkata is making payment of the Bills preferred by DDO concerned. The Copies of the Bills are enclosed herewith for your ready reference. Therefore, the DEOs working PAO, Ministry of Health and Family Welfare, Kolkata are being paid less than their counterparts.

Moreover, the explanations below Part II of the Schedule of Government of India extra ordinary Gazette Notification No. 800 dated May 20th, 2009(copy enclosed) stipulated that-

(a) If there are two rates for the Highly Skilled category, the higher rate is to be protected (Explanation No. 2 below Part II of the Schedule). This fact has further been clarified vide Note of the order No. B-27(1)/2013 dated 1-4-2013 issued by the Dy. Chief Labour Commissioner (Central), Mumbai (copy enclosed).

(b) The minimum wage of DEO is to be determined after allowing Variable Dearness Allowances (explanation No. 7, below Part II of the Schedule).

(c) The minimum rates of wage include also the wage for weekly day of rest (explanation No.3 below Part II of the Schedule) which implies that pay is to be given for 26days and not 22days.

Further, the Ministry of Labour, Government of India vide OM No. 14(113)Misc. RLC (coord)/ 2012 dated 23rd January 2014 provided the detailed guidelines regarding engagement of workers through Contractors by the Ministries and Departments of Central Government (Copy enclosed).

In view of the above we request the following-

1. Wage to DEOs may be given for 26days instead of 22 days.

2. Discrimination in wages of DEO may be removed by granting the wage equal to the wage being paid to the DEOs of Central Drugs Laboratory, O/o the DDC (I) of ADC (I).

3. Variable Dearness Allowance may be given to DEOs twice in a year.

4. Higher rate of wage may be protected in r/o DEOs to determine the minimum wage.

5. The Ministry of Labour order No. 14(113)Misc.RLC(coord)/2012 dated 23rd January 2014 may be implemented in the matter of engagement of DEOs.

2. Filling up of vacant posts:-

In the year 2011, the office of the Controller General of Accounts issued orders directing the heads of the Civil Accounts organization to upload the data relating to vacancy to website of Staff Selection Commission within stipulated time. The arrangement was in operation in the years 2012, 2013 and 2014 also. Various Ministries and Departments of Civil Accounts organizations which had taken action promptly could fill up large number of vacancies as they were allotted candidates by the Staff selection Commission from among the qualified candidates of examinations of 2012 and 2013.

But the office of the CCA, Ministry of Health and family Welfare did not send its requirement to the Staff Selection Commission at that time and due to this the posts have been left vacant in this organization.
Therefore, we request you to kindly initiate steps for filling up of vacant posts immediately as the office is suffering from huge shortage of staff.

The PAO, Ministry of Health and Family Welfare, Kolkata Unit alongwith the West Bengal Branches of All India Civil Accounts Employees Association and All India Civil Accounts Employees Association Category II have been agitating for settlement of above demands. However, responding to an assurance of the authority, the Unit Association and the aforementioned Branch Associations had suspended their agitational programmes after holding three days continuous Dharna in January 2015. But it is nearly two months they have not yet received any favourable response from the authorities.

It will therefore, be highly appreciable, if you kindly intervene into the state of affairs and settle above issues at the earliest.

Thanking you,

Enclo: as stated above

Yours Sincerely,

(V. Bhattacharjee)
Secretary General

Source: http://nfcaahqnd.blogspot.in/2015/03/a.html

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Non payment of minimum wages by outsourcing agencies

Non payment of minimum wages by outsourcing agencies

GOVERNMENT OF INDIA
MINISTRY OF LABOUR AND EMPLOYMENT
RAJYA SABHA

QUESTION NO 2327

ANSWERED ON 18.03.2015

Non payment of minimum wages by outsourcing agencies

2327 Dr. T.N. Seema

Will the Minister of LABOUR AND EMPLOYMENT be pleased to satate :-

(a)whether it is a fact that many services of Government departments/ semi- Government/Public Sector are operated and delivered through outsourcing agencies and that the employees of such agencies are not provided adequate salary as per the Minimum Wages Act, medical facilities and PPF Schemes;

(b)if so, the reaction of Government and the mechanism existing with Government to ensure payment of minimum wages to their employees as per the Minimum Wages Act; and

(c)the action taken against those outsourcing agencies for non-payment of minimum wages to their employees as per the Minimum Wages Act during last two years and the current year?

ANSWER

MINISTER OF STATE(IC) FOR LABOUR AND EMPLOYMENT
(SHRI BANDARU DATTATREYA)

(a) to (c): Yes, Sir. The workers are engaged through agencies as per provisions of General Financial Rules. Under Minimum Wages Act (MW Act), if any short payment is detected then claim is filed before the authority by the officer in addition to filing of the prosecution against the outsourcing agencies in the court of law. Authority directs to pay the difference of actual wages paid and minimum rates of wages fixed under Minimum Wages Act, along with compensation. The details of the enforcement of the Minimum Wages Act, in the Central Sphere during the last two years and the current year are at Annexure.

*******

Source: RajyaSabha.nic.in

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Salient Features of each of the Scheme under Shramev Jayate Programme: Lok Sabha Q&A

Salient Features of each of the Scheme under Shramev Jayate Programme: Lok Sabha Q&A

GOVERNMENT OF INDIA
MINISTRY OF LABOUR AND EMPLOYMENT
LOK SABHA

UNSTARRED QUESTION NO 178
ANSWERED ON 24.11.2014

SHRAMEV JAYATE PROGRAMME

178 . Scindia Shri Jyotiraditya Madhavrao, Galla Shri Jayadev
Will the Minister of LABOUR AND EMPLOYMENT be pleased to state:-
(a)whether the Government has recently launched a number of schemes under Shramev Jayate Programme;
(b)if so, the details thereof along with the salient features of each of the schemes under the programme;
(c)the reaction of the labour trade unions to such schemes/programmes;
(d)whether the said initiative includes any scheme for skilled labour; and
(e)if so, the details thereof and if not, the reasons therefor?

ANSWER

MINISTER OF STATE (IC) FOR LABOUR AND EMPLOYMENT (SHRI BANDARU DATTATREYA)
(a): Yes, Madam.
(b): The details of the schemes launched and their salient features are as per Annexure.
(c): No such reaction has been received.
(d) & (e): Apprentice Protsahan Yojana and Recognition of Prior Learning for Construction Workers aim at preparing skilled work force and upskilling the existing workforce. Details are given in Annexure.

Annexure

Pandit Deendayal Upadhyay Shramev Jayate Karyakram

SHRAM SUVIDHA PORTAL IN CENTRAL SPHERE FOR EASE OF COMPLIANCE AND SELF-CERTIFICATION

To create a conducive environment for industrial development

To be operative in 4 central organizations : Chief Labour Commissioner, Directorate General of Mines Safety, Employee Provident Fund Organization and Employees’ State Insurance Corporation

Allotment of Unique Labour Identification Number (LIN) to 6-7 lakh Units
Online registration of Units

Filing of self-certified and simplified Single Online Return by the industry for 16 labour laws
Timely redressal of grievances through the portal

Complete database at one place to add to informed policy process

TRANSPARENT LABOUR INSPECTION SCHEME IN CENTRAL SPHERE FOR RANDOM SELECTION OF UNITS FOR INSPECTION

A computerized list of inspections to be generated randomly based on pre-determined objective criteria
Serious matters to be covered under the mandatory inspection list

Complaints based inspections to be determined centrally after examination based on data and evidence
Mandatory uploading of Inspection Reports within 72 hours

Check on the arbitrariness in compliance mechanism

PORTABILITY THROUGH UNIVERSAL ACCOUNT NUMBER (UAN) FOR EMPLOYEES PROVIDENT FUND

Digitization of complete database of more than 4 crore EPF subsribers and allotment of UAN to each of them
UAN is being seeded with Bank account and Aadhar Card and other KYC details for financial inclusion
Portability of the Social Security Benefits through UAN to the labour of organized sector across jobs and geographic areas
EPF account of employee to be updated monthly and at the same time he will be informed though SMS
Direct access to their EPF accounts and will also enable them to consolidate all their previous accounts

EFFECTIVE IMPLEMENTATION OF REVAMPED REASHTIYA SWASTHYA SIMA YOJNA (RSBY) FOR THE LABOUR IN UNORGANIZED SECTOR

93% of workers in unorganized sector RSBY revamped to ensure enhanced quality and access to services
Strengthened grievance redressal mechanism

Improved IT architecture for better access of services and monitoring of outcomes for beneficiaries
Linking the enrollment for the RSBY scheme with opening/seeding of Bank Account and allotment/seeding of Aadhar Card for financial inclusion

Wellness check for preventive care introduced for the first time

Constructive workers and beneficiary across different welfare cess are covered

Introduction of convergence of social security schemes namely Aam Admi Bima Yojna and National Old Age Pension Scheme on RSBY smart card through improved IT framework

APPRENTICE PROTSAHAN YOJANA

A vision to have more than 20 lakh apprentice in next few years against present number of 2.9 lakh

A major initiative to revamp the Apprenticeship Scheme in India after extensive consultation with industry and states

Four components of this initiative are:

Making the legal framework friendly to both, industry and youth. The necessary Bill amending the The Apprentices Act, 1961 was placed and passed in Lok Sabha on 14.8.2014

Enhancing the rate of stipend and indexing it to minimum wages of semi skilled workers. Notification issued
Apprentice Protsahan Yojana to support mainly manufacturing units and other establishments by reimbursing 50% of the stipend paid to apprentices during first two years of their training

Basic training curricula being restructured on scientific principles to make it more effective, and MSMEs to be supported financially by permitting this component in government funded SDI scheme

The Apprentice Protsahan Yojana will support one lakh apprentices during the period up to March 2017

RECOGNITION OF PRIOR LEARNING (RPL)

Construction sector is third biggest employer after agriculture and manufacturing. Contributes more than 10% of the jobs in India

It employs about 4.2 crore workers and contributes 6.67% of GDP

86% of workers have no skills and productivity level is low

A national Scheme “Recognition of Prior Learning of Construction Workers” being launched by Ministry of Labour & Employment after extensive consultation with industry by utilizing the cess funds collected from construction projects

Construction sites to be designated as Testing Centres

Skill gaps if any, to be made up by giving gap training of about 15 days

Wage compensation for attending training classes and assessment

NCVT certification

TRAINING ON MODERN CONSTRUCTION TECHNIQUES WITH CERTIFICATION BY NCVT IN CONSULTATION WITH CONSTRUCTION COMPANIES

With the initiatives like 100 smart cities. Housing for all by 2011, construction sector is set to grow at rapid rate

It is estimated that about 8.3 crores persons would be employed in the sector by year 2022
New projects demand workforce trained in modern construction technologies to meet the international norms in construction

Several new courses introduced
 

VOCATIONAL REHABILITATION CENTRES FOR HANDICAPPED
According to Census 2011, there were 2.68 crore Persons with Disabilities (PwDs) out of which 1.7 crore are unemployed
Vocational rehabilitation support to PwDs through 21 Vocational Rehabilitation Centres for Handicapped (VRCs) across the country
Focus on honing the strength of individual PwDs to make them employable through capacity building and last mile orientation
Knowledge Partnership MOU between MoLW and TATA SONS to incorporate best practices and policy interventions for enhancing diversity and inclusiveness in India’s workforce
Major efforts are on for widening and deepening association with industry in order to increase the impact and enlarge footprint of VRCs. Some of the institutions that have partnered with VRCs include National Handicap Finance Development Corporation, National Trust, PSUs like ONGC, Dr Reddy’s Laboratories, Yum Foods, Bank of America, Sarthak, etc
Some of these centres are also being developed as Model Career Centres for PwDs
 
NATIONAL BRAND AMBASSADORS OF VACATIONAL TRAINNING
Only 10% of our workforce has got formal or informal technical training. Only one fourth of this is formally trained
In South Korea, Japan, Germany, the percentage of workforce having received skills training is 96,80 and 75 respectively
We need to rapidly expand certificate level vocational training if we have to succeed in our mission of ‘Make in India’. Also we need to attract youth to vocational training
Vocational training has given excellent technicians, mechanics, entrepreneurs and professional leaders. Manufacturing sector is reservoir of this success
We are showcasing and felicitating such successful ITI graduates as National Brand Ambassadors of Vocational Training

FLEXI MOU
Presently, a total of 123 NCVT courses designed and developed by Mentor Councils having representation from industry, academia, Champion ITI and DGE&T mentors and expert courses/trade are conducted at about 11, 500 it is New policy of Flexi MOU has been launched in July 2014 to ensure that, in addition, customized courses with NCVT certification are available to meet the need of local industry
Under this MoU, any industry can conduct NCVT certified training programme in partnership with ITI or other vocational training provider to meet specific skill requirement of the company
Industry to ensure minimum 80% employment

Several leading industry players such as Flipkart, Raymonds, Labournet, GIPCL, Cadilla have signed MOUs and many other are under finalization

SKILL AWARDEES

The Ministry of labour conducts competitions to foster the healthy spirit of competitiveness among the trainee Craftsmen/Apprentices

All India Skill Competition for Craftsmen among trainees admitted under Craftsmen Training Scheme (CTS), is conducted once in a year

All India Competition for Apprentices among trainees admitted under Apprenticeship Training Scheme (ATS) is conducted twice every year

First ever initiative to recognize the awardees at National Level and release of first ever souvenir containing the list of winners of different segments in latest All India Competition for Craftsmen, held in January, 2014 and All India Competition for Apprentices held in May, 2014


Source: loksabha.nic.in
Annexure:http://164.100.47.132/Annexture_New/lsq16/3/au178.htm

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Amendment to Minimum Wages Act: Govt. statement in Lok Sabha

Amendment to Minimum Wages Act: Govt. statement in Lok Sabha

GOVERNMENT OF INDIA
MINISTRY OF LABOUR AND EMPLOYMENT
LOK SABHA
STARRED QUESTION NO 6
ANSWERED ON 24.11.2014

    AMENDMENT TO MINIMUM WAGES ACT

6 . Sampath Shri AnirudhanWill the Minister of LABOUR AND EMPLOYMENT be pleased to state:-

(a)whether suggestions have been received from various quarters to amend the Minimum Wages Act, 1948 and if so, the details thereof;

(b)whether the amendment proposes to cover all the employment sectors and increase penal provisions; and

(c)if so, the details thereof ?
ANSWER

MINISTER OF STATE (IC) FOR LABOUR AND EMPLOYMENT (SHRI BANDARU DATTATREYA)

(a) to (c): A statement is laid on the Table of the House.

STATEMENT REFERRED TO IN REPLY TO PARTS (a) TO (c) OF THE LOK SABHA STARRED QUESTION NO. 6 FOR 24.11.2014 BY DR. A. SAMPATH REGARDING “AMENDMENT TO MINIMUM WAGES ACT”.

(a) to (c): Yes, Madam. Major Central Trade Unions had raised demands to ensure universal coverage irrespective of the schedules and fixation of statutory minimum wage at not less than Rs.10,000/- linked with cost price index on 04.09.2012. Further, the demand to fix minimum wages not less than Rs.15,000/- per month was placed before the Government by these trade unions on 06.06.2014 and 24.06.2014.

Proposals for amendment to the Minimum Wages Act, 1948 were put on the website of the Ministry of Labour and Employment on 17.06.2014 for public consultation. The proposals inter-alia include universal coverage to all the employments by removing the restriction of 1000 or more workers for an employment to come within the purview of Minimum Wages Act, making National Floor Level Minimum Wage (NFLMW) statutory and enhancement of penal provisions by increasing the fine prescribed for contravention of certain provision of the Act from Rs.500/- to Rs.5,000/- on first conviction and with imprisonment for a term which may extend to one year or with fine of not less than Rs.5,000/- extending up to Rs.10,000/- in the case of second or subsequent conviction under the Act.

Source: Lok Sabha.nic.in

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Coverage under Employees' Provident Fund Organisation (EPFO)

Coverage under Employees' Provident Fund Organisation (EPFO): Lok Sabha Q&A

GOVERNMENT OF INDIA
MINISTRY OF LABOUR AND EMPLOYMENT
LOK SABHA
UNSTARRED QUESTION NO 154
ANSWERED ON   24.11.2014

    COVERAGE UNDER EPFO

154 . Mahadik Shri Dhananjay Bhimrao, Gavit Dr. Heena Vijaykumar
Patil Shri Vijaysinh Mohite, Satav Shri Rajeev Shankarrao, Sule Smt. Supriya Sadanand

Will the Minister of LABOUR AND EMPLOYMENT be pleased to state:-

(a)whether a large number of workers from the construction sector as well as contract employees are not covered under the Employees` Provident Fund Organisation (EPFO);



(b)if so, the details thereof and the reasons therefor;

(c)whether workers from these sectors were unable to retrieve their savings with EPFO due to frequent job changes; and if so, the quantum of amount lying with EPFO as inoperative;

(d)whether the EPFO has constituted any committee to bring in more workers including workers from these sectors and if so, whether the committee has submitted its reports; and

(e)if so, the action taken thereon along with various other steps taken by the Government for the benefit of workers under EPFO?

ANSWER

MINISTER OF STATE (IC) FOR LABOUR AND EMPLOYMENT (SHRI BANDARU DATTATREYA)

(a) & (b): The Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 is applicable to 187 categories of industries and classes of establishments where 20 or more persons are working. Government has notified a Schedule Head - “Building & Construction Industry” vide GSR No. 1069 dated 11.10.1980.

There is no distinction between regular and contract workers under the Act. The workers whether regular or contractual working in the covered establishments are enrolled as EPF members.

(c): There are instances came to the notice of EPFO where the workers of these sectors face difficulties while retrieving their savings with EPFO due to frequent job changes. As per the unaudited Annual Account of the Organization for the year 2013-14, Rs. 27,448.54 Crore is lying in Inoperative Account.

(d) & (e): The Central Board of Trustees, EPF decided in their 204th meeting held on 26.08.2014 to constitute two non-statutory Sub-Committees, one for Construction Workers and the other for the Contract Workers with the terms of reference that these sub-committees will suggest mechanism to the Central Board so that coverage of both construction and contract workers can be increased. These sub-committees were constituted on 15.10.2014. The sub-committees met separately on 31.10.2014 and made some recommendations which are to be placed before the next meeting of the Central Board for consideration. Besides, EPFO have taken the following steps for benefits of workers:-

i. The process of allotting Universal Account Number has already started which will result in portability of the accounts.

ii. For transfer of accumulations on job/location change, provision for online transfer of accumulations has been put in place.

iii. Provision has been made in the Official website which will help the members to access their PF accounts online.

Source: Lok Sabha

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Regularization of Casual Labour with Temporary Status(CL-TS)-Proposals from Ministries/Departments

Regularization of Casual Labour with Temporary Status(CL-TS)-Proposals from Ministries/ Departments on -regarding

F.No.49014/3/2014- Estt(C)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training

North Block
Dated 16th October,2014

OFFICE MEMORANDUM

Subject: Regularization of Casual Labour with Temporary Status(CL-TS)-Proposals from Ministries/Departments on -regarding.

The undersigned is directed to say that Casual Labourers (Grant of Temporary Status & Regularisation), Scheme of Government of India, 1993, circulated vide DOPT OM No. 51016/2/90-Estt(C) dated 10.09.1993, stipulated conditions for grant of temporary status and regularization of services to the persons recruited on daily wage basis in the Central Government Offices as on 10.09.1993. It was held in the Mohan Pal Case SLP (Civil) No. 2224/2000 that the Scheme of 1-9-93 is not an ongoing Scheme and the temporary status can be conferred on the casual labourers under that Scheme only if they were in employment on the date of the commencement of the scheme and they should have rendered continuous service of at least one year i.e. at least 240 days in a year or 206 days (in case of offices having 5 days a week). The Scheme inter-alia provided for regularization of CL-TS against Group `D’ posts.

2. Following the acceptance of the recommendation of the 6th CPC, all Group D posts have been upgraded to Group C posts. Recruitment to erstwhile Group `D’ posts placed in Group ‘C’, PB-1, Grade Pay ‘1800/- (non technical as MT Staff) is now made only through Staff Selection Commission and minimum educational qualification for appointment is Matriculation or ITI pass. Regularisation of CL-TS therefore cannot be done by the Ministries/ Departments on their own and requires relaxation of para-8 of the Appendix to the O.M. dated 10.09.1993.

3. This Department vide O.M No. 49011/31/2008-Estt(C) dated 17th February,2009 had requested all Ministries/ Department to provide information relating to CL-TS on their rolls. Information relating to 231 CL-TS was received from 29 Ministries/Departments which were processed. Since then this Department has been receiving proposals piece-meal from different

4. Department of Expenditure have now advised this Department that in order to avoid piece- meal examination of such proposals, a consolidated proposal for regularization of all such remaining CL-TS who were on the rolls of the Ministries/Departments on 10.09.1993 and yet could not be regularized may be forwarded to them for further consideration/examination. Therefore, all Ministries/Departments are requested to review the position at their establishments and send a consolidated proposals for regularization of services of such remaining CL-TS on their rolls (including attached/subordinate and autonomous bodies), if any, latest by 30.11.2014 to this Department in the enclosed format. It may be ensured that complete information in respect of the Ministry/Department and its Attached/Subordinate Offices is sent. The information may also be sent by e-mail(in MS Word) at dse@nic.in.

(J.A.Vaidyanathan)
Director(Estt.)
Telefax: 23093179

Source/View/Download: http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/49014_3_2014-Estt.C-16102014.pdf

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Denial of proper wages, working hours, holidays etc., to the contract workers in Railways: NFIR writes to Railway Board

Denial of proper wages, working hours, holidays etc., to the contract workers in Railways: NFIR writes to Railway Board

NFIR
Railwaymen National Federation of Indian
3, CHELMSFORD ROAD, NEW DELHI 110055
Affiliated to : Indian National Trade Union Congress (INTUC)
International Transport Workers’ Federation (ITF)

No. II/57

Dated:10/06/2014

The Member Staff, Railway Board, New Delhi

Dear Sir,

Sub: Denial of proper wages, working hours, holidays etc., to the contract workers in Railways-reg.
Reft (i) NFIR’s refter No. II/28/Pt.III dated 04/01/2012, II/57 dated 11/04/2002, 30/11/2012, 16/08/2013 & 31/03/2014.
(ii) Railway Board’ s letter No.2013/ E(LL)AT/CNR/8 dated 26/02/2013.

NFIR vide series of letters quoted under reference have brought to the notice of the Railway Board a number of irregularities in regard to payment of wages, working hours, holidays etc.,of contract workers. The Federation has also conveyed vide letters cited under reference, that there has been gross violation of contract labour (Regulation and Abolition)Act, 1970 by the employers.

2. In this connection, NFIR further wishes to convey following irregularities committed in the similar way by the Contractors in various other Departments on the Railways:-
 

(a)1. Engineering Department:
Minimum wages are not paid to the workers and Attendance Register of workers is also not maintained. Identity Card, Medical facilities, payment slips, Accommodation for their stay and water facilities are also not provided. The contract Labourers are working on Railway Tracks in peak period are putting their lives in dangers as no safety measures taken. Railway Contractors are not making accident insurance for these labourers.
 

2. Mechanical Department:
Railway Contractor’s workers are sweeping and cleaning all the compartments of the coaches of trains. ESIC facility is not provided by the contractors but amount is recovered from their payment. Pay-slip is not given regularly. Their P.F. is deducted but where it is deposited is not known to the workers. Contractors are also not depositing employers’ share amount of P.F. in the P.F. account of workers.


 
3. Operating Department:
Railway Contractor’s workers are sweeping and cleaning Railway Stations, Railway Tracks, surrounding areas and offices in Railway premises. ESIC facility is not provided by the contractors though money is recovered from their wages. Pay-slips are not given regularly. Their RF. is deducted but where it is deposited is not known to the workers. Contractors are also not depositing employers’ share amount of P.F. in the P.F. accounts of workers. After finishing the tender. Railway Administrationis engaging these labourers to do the above work in three Railway Stations i.e. Kalyan, Panvel & Lonavala of Central Railway. The Railway Administration is unable to make payment to the labourers. After the protest rally by CRMS in February 14, the Railway Administration made payment to the labourers working in Kalyan & Lonavala, Payment but however those working in Panvel station the payment is not done.




 
4. Commercial Department (Central Railway):-
Railway Contractors are running Tea Stalls, Refreshment rooms, etc., in Railway Stations and contract workers are working as cooks, vendors helpers etc. Railway Contractors are not making payment to them. They are deputed to work on commission basis. Since the labourers are working on commission basis, they are loosing the benefit of P.F. Also unauthorized hawkers are working at the stations, thus authorised vendors are unable to manage their families in these hard days.

There are more than 50% vacancies of luggage and parcel porters, Loading and unloading work has increased, thus the labours are facing lot of difficulties. It is requested to restore clearing & forwarding Agents as existed earlier.



5. Electrical Department (Central Railway):-
The Railway Contractor labour are working as AC Attendants in AC Coaches in the passenger carrying trains. They are not paid their wages and travelling allowance as per rules. Their P.F. is deducted but where it is deposited not known to them. Contractors are also not depositing employers’ share amount of P.F. in the P.F. accounts of workers.

3. Federation further wishes to convey to the Railway Board that the Act under section 23 provides for penal action against the defaulters if contravention of the Act continues and the Departments employing the contract labour are liable to be imposed punishment.

Incidentally, it is mentioned that the provisions of Contract Labour (R & A) Act 1970 & Rules 1971 were circulated by the Railway Board to all Zones, Production Units etc., vide letter dated 26/02/2013 quoted under reference for enforcement in letter and spirit. But unfortunately no action has been taken and the Federation has been compelled to bring these issues to the notice of the Railway Board.

NFIR, therefore, once again urges the Railway Board (MS) to kindly arrange to undertake immediately investigation into the above irregularities for ensuring that contract workers are not exploited by the contractor/employer. Federation may please be advised of the action taken early.

Yours faithfully,

(M. Raghavaiah)
General Secretary

Source: NFIR
[https://docs.google.com/file/d/0B40Q65NF2_7UeVZjV2p3Z0ttS2FFT0R3VmNqQXJ2ZThZN09N/edit]

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Minimum Wages w.e.f. 01 Oct, 2013 for Guards & Other Staff employed by DGR sponsored Security Agencies/Companies/Corporation

Minimum wages will be paid to all Guards & Other Staff employed by Director General of Resettlement (DGR) sponsored Security Agencies/ Companies/ Corporations throughout the country w.e.f. 01 Oct, 2013: DGR, Ministry of Defence Order dated 17-10-2013:

2112/SA/MINIMUM WAGES/EMP

DIRECTORATE GENERAL OF RESETTLEMENT MINISTRY OF DEFENCE

GOVERNMENT OF INDIA WEST BLOCK IV RK KARAM NEW DELHI 110066

NOTICE OF REVISION OF MINIMUM WAGES W.E F. 01 OCT 2013

1. REFERENCE GOVERNMENT OF INDIA, MINISTRY OF DEFENCE OFFICE MEMORANDUM NO 28(3)/2012-D(RES-I) DATED 09 JUL 2012 AND AMENDMENT ISSUED VIDE OM NO. 28(3)/20121D(RES -I) DATED 16 JAN 2013 REGARDING GUIDELINES FOR FUNCTIONING OF DGR EMPANELLED EX-SERVICEMEN SECURITY SERVICES.

2. CONSEQUENT TO REVISION OF MINIMUM WAGES BY MINISTRY OF LABOUR AND EMPLOYMENT, GOVERNMENT OF INDIA, FOR EMPLOYMENT OF PERSONNEL OF THE CENTRAL SPHERE, FOR WATCH AND WARD DUTIES AND IBID OFFICE MEMORANDUM. THE UNDERMENTIONED MINIMUM WAGES WILL BE PAID TO ALL GUARDS & OTHER STAFF EMPLOYED BY DGR SPONSORED SECURITY AGENCIES/ COMPANIES/ CORPORATIONS THROUGHOUT THE COUNTRY WITH EFFECT FROM 01 OCT 2013

AREA  A

Sl. No	Description	Percentage (This is to be read in conjunction with latest rules/ acts/ regulations and policies promulgated by Competent Government Authority)	Security Guard without arms)	Security Guard (with arms / Gunman	Supervisor (one per 20 security Guards)	Remarks
(a)	Basic Wages (BW) plus Variable Dearness Allowance (VDA)		8892	9802	11826.36
(b)	Employees State Insurance (ESI)	4.75% of Basic plus VDA	422.37	465.60	561.75
(c)	Employees Provident Fund	12% of Basic plus VDA	1067.04	1176.24	1419.16
(d)	Employees Deposit linked (EDLI) Insurance	0.5% of Basic plus VDA	44.46	49.01	59.13
(e)	Administrative Charges	1.11% of Basic plus VDA	98.70	108.80	131.27
(f)	House Rent Allowance (HRA)	30% of Basic plus VDA	2667.60	2940.60	3547.91
(g)	ESI on HRA	4.75% of HRA	126.71	139.68	168.53
(h)	Bonus (ref notes)	8.33% of Rs 3500	291.55	291.55
(i)	Uniform Outfit Allowance	5% of Basic plus VDA	444.60	490.10	591.32
(j)	Uniform Washing Allowance	3% of Basic plus VDA	266.76	294.06	354.79
(k)	TOTAL	Sum of (a) to (j)	14321.79	15757.64	18660.22
(l)	Relieving Charges 1/6th of total of serial (k) **		2368.97	2626.27	3110.04
(m)	Total Cost Per Head	Sum of (k) to (l)	16708.76	18383.91	21770.26
(n)	Service Charge	@ 14%	2339.23	2573.75	3047.84
(o)	Sum Total	Sum of (m) and (n)	19047.99	20957.66	24818.10
(p)	Service Tax	12.36% of sum total	$$	$$	$$	$$- or as notified from time to time

 

AREA-A 

 

AHMEDABAD(UA), BANGALURU(UA), KOLKATA(UA), DELHI(UA), GREATER MUMBAI(UA), NAVI MUMBAI, HYDERABAD(UA), KANPUR(UA), LUCKNOW(UA), CHENNAl(UA), NAGPUR(UA), FARIDABAD COMPLEX, GHAZIABAD, GURGAON, NOIDA & SECUNDRABAD

AREA B

Sl. No	Description	Percentage (This is to be read in conjunction with latest rules/ acts/ regulations and policies promulgated by Competent Government Authority)	Security Guard (without arms)	Security Guard (with arms) / Gunman	Supervisor (one per 20 security Guards)	Remarks
(a)	Basic Wages (BVV) plus Variable Dearness Allowance (VDA)		7566	8892	10062.78
(b)	Employees State Insurance (ESI)	4.75% of Basic plus VDA	359.39	422.37	477.98
(c)	Employees Provident Fund (EPF)	12% of Basic plus VDA	907.92	1067.04	1207.53
(d)	Employees Deposit linked Insurance (EDLI)	0.5% of Basic plus VDA	37.83	44.46	50.31
(e)	Administrative Charges	l.11% of Basic plus VDA	83.98	98.70	111.70
(0	House Rent Allowance (HRA)	20% of Basic plus VDA	1513.20	1778.40	2012.56
(g)	ESI on HRA	4.75% of HRA	78.88	84.47	95.60
(h)	Bonus (ref notes)	8.33% of Rs 3500	291.55	291.55
(i)	Uniform Outfit Allowance	5% of Basic plus VDA	378.30	444.60	503.14
0)	Uniform Washing Allowance	3% of Basic plus VDA	226.98	266.76	301.88
(k)	TOTAL	Sum of (a) to (j)	11437.03	13390.35	14823.48
(l)	Relieving Charges 116th of total of serial (k) **		1906.17	2231.73	2470.58
(m)	Total Cost Per Head	Sum of (k) to (I)	13343.20	15622.08	17294.06
(n)	Service Charge	14%	1868.05	2187.09	2421.17
(o)	Sum Total	Sum of (m) and (n)	15211.27	17809.17	19715.23
(p)	Service Tax	12.36% of sum total	$$	$$	$$	$$- or as notified from time to time

AREA - B 

Agra	(UA)	Guwahati City		Patna	(UA)	Dehradun	(UA)
Ajmer		Guntur		Raipur	(UA)	Durg-Bhilai	(UA)
Aligarh		Gwalior	(UA)	Rajkot		Nagar
Allahabad	(UA)	lndore	(UA)	Ranchi	(UA)	Jammu	(UA)
Amravati		Hubli-Dharwad		Sholapur		Jamnagar	(UA)
Aurangabad	(UA)	Jodhpur		Srinagar	(UA)	Vijayawada	(UA)
Bareilly	(UA)	Kochi	(UA)	Surat	(UA)	Vishakhapatnam	(UA)
Bhavnagar		Kolhapur	(UA)	Thiruvanantapuram	(UA)	Warangal
Bikaner		Kozhikode	(UA)	Vadodara	(UA)	Mangalore	(UA)
Bhopal		Kota		Varanasi	(UA)	Salem	(UA)
Bhubaneshwar		Ludhiana		Jabalpur	(UA)	Tiruppur	(UA)
Amritsar	(UA)	Madurai	(UA)	Jaipur	(UA)	Tiruchirappalli	(UA)
Chandigarh	(UA)	Meerut	(UA)	Jalandhar	(UA)	Asansol	(UA)
Coimbatore	(UA)	Moradabad	(UA)	Jameshedpur	(UA)	Belgaum	(UA)
Cuttack	(UA)	Mysore	(UA)	Puducherry	(UA)	Bhiwandi	(UA)
Durgapur		Nasik	(UA)	Jalandhar Cantt
Gorakhpur		Pune	(UA)	Dhanbad	(UA)

AREA-C

Sl. No	Description	Percentage (This is to be read in conjunction with latest rules/ acts/ regulations and policies promulgated by Competent Government Authority)	Security Guard (without arms)	Security Guard (with arms)/Gunman	Supervisor (one per 20 security Guards)	Remarks
(a)	Basic Wages (BW) plus Variable Dearness Allowance (VDA)		6266	7566	8333.78
(b)	Employees State Insurance (ESI)	4.75% of Basic plus VDA	297.64	359.39	395.85
(c)	Employees Provident Fund (EPF)	12% of Basic plus VDA	751.92	907.92	1000.05
(d)	Employees Deposit linked Insurance (EDLI)	0.5% of Basic plus VDA	31.33	37.83	41.67
(e)	Administrative Charges	1.11% of Basic plus VDA	69.55	83.98	92.50
(0	House Rent Allowance (HRA)	10% of Basic plus VDA	626.60	756.60	833.38
(g)	ESI on HRA	4.75% of HRA	29.76	35.94	39.59
(h)	Bonus (ref notes)	8.33% of Rs 3500 (lower limit)	291.55	291.55	291.55
(i)	Uniform Outfit Allowance	5% of Basic plus VDA	313.30	378.30	416.69
(j)	Uniform Washing Allowance	3% of Basic plus VDA	187.98	226.98	250.01
(k)	TOTAL	Sum of (a) to (j)	8865.63	10644.49	11695.07
(I)	Relieving Charges 1/6th of total of serial (k)**		1477.61	1774.08	1949.18
m	Total Cost Per Head	Sum of (k) to (1)	10343.24	12418.57	13644.25
(n)	Service Charge	14 %	1448.05	1738.60	1910.20
(o)	Sum Total	Sum of (m) and (n)	11791.29	14157.17	15554.45
(p)	Service Tax	12.36% of sum total	$$	$$	$$	$$- or as notified from time to time

AREA-C. AREAS NOT COVERED IN AREA-A AND AREA- E 

Note

1. Wherever the state minimum wages are higher than the wages notified herein, the higher wages shall stand protected and would be payable.

2. Bonus is mandatory as per Payment of Bonus Act 1965(as amended). The minimum bonus has been calculated on the minimum wage of Rs 3500. The upper limit of bonus is 20 per cent. Bonus is applicable for wages between 3500(Lower limit) to Rs 10000(Upper Limit).

3. ** Security Guards is allowed a day of rest after a continuous period of six days work every week. Moreover, when a security guard works for more than 48 hours in a week he is entitled wages on overtime rates i.e. double the ordinary rates wages.

4. Additional Charges: Additional charges will be levied in case of service being provided in remote/ disturbed/ hazardous areas as Field Allowance @ 25 percent on Basic Pay plus VDA will be entitled to ESM security guards when working in remote/disturbed area such as Northern Eastern States, J&K etc, or when working in areas hazardous to health such Coal Fields, Mines and Pipelines.

5. Wages are subject to amendments as and when promulgated from time to time.

sd/-

Subhash Gadhvi

Commodore

Principal Director (Employment)

Directorate General Resettlement

Ministry of Defence

New Delhi-110366

Source: http://www.dgrindia.com/

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