India Education Diary
Wednesday, September
26, 2012
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Report by India Education bureau, New Delhi: Union Labour & Employment Minister Shri Mallikarjun kharge
today called on social partners to work together with Government to create a
work environment conducive to achieving a high rate of economic growth with due
regard to protecting and safeguarding the interests of the working class in
general and those of the vulnerable sections of the society in particular. Shri
Kharge was delivering the key note address during the Opening ceremony of the
two day long Asia-Pacific Event organized by the Building and Wood Workers
International (BWI) Federation here in New Delhi today. 
The Minister said India is the founder member of ILO and
tripartism is the soul of our decision making process. We are guided by the
ethos of consensus and any matter relating to the welfare of the working
classes is taken after tripartite consultations. Consultation with trade unions
keeps us rooted to the real economy. Social partners should work together with
Government to create a work environment conducive to achieving a high rate of
economic growth with due regard to protecting and safeguarding the interests of
the working class in general and those of the vulnerable sections of the
society in particular.
Government of India has been undertaking
various pro-active measures to improve the working conditions of our workforce
which are in line with norms and standards set by International Labour
Organization. Very recently, the Union Cabinet has already given approval to
the proposed Amendment to the Child Labour (Prohibition & Regulation) Act,
1986. The Amendment will make the Child Labour Act to align with ILO Convention
No.138 concerning Minimum Age and No.182 concerning Worst Forms of Labour. We
are also actively engaging in consultation process for ratification of ILO
Conventions No.98 concerning Protection of the Right to Organise and Collective
Bargaining and No.155 concerning Occupational Safety & Health.
Shri Kharge said his ministry has undertaken a
series of measures for the welfare of the working class. A number of amendments
in various labour laws have been made to facilitate better implementation of
the statutory provisions. Further, a number of schemes are under implementation
by the Centre both directly and through the States with a view to helping the
working class. Similarly in the States Sphere, various State/Union Territory
Governments have also taken significant steps for better enforcement of the
labour laws and implementation of a number of welfare measures to improve the
condition of labour.
The construction industry covers a vast field
of activities in the engineering, mechanical and civil processes and has great
role to play in all the developmental activities. As per the estimates of
National Sample Survey (2009-10), there are more than 4.46 crore building and
other construction workers in India. Labour engaged in construction activity is
basically unskilled, migrant, socially backward and uneducated with low
bargaining power. Their work is of temporary nature and involves inherent risk
to the life and limb of the workers. Though the provisions of the various
labour laws like Employees Compensation Act, Minimum Wages Act, Contract Labour
Act and Inter State Migrant Workmen Act were applicable to these building and
other construction workers, a need was felt for a comprehensive Central
Legislation for this category of workers. Eventually in order to regulate the
wages, working conditions, safety and health and welfare measures of these
Workers, the Government enacted in 1996 the Building and Other Construction Workers
Act and the Building and other Construction Workers Welfare Cess Act.
The minster said there are number of laudable
provisions in the Building and Other Construction Workers Act. The Act applies
to every establishment which employs 10 or more construction workers. Under the
Act, the State Governments have been mandated to frame and notify rules,
constitute advisory committees/expert committees and appoint various
authorities for registration of workers, cess collection and inspection. The
States have to constitute Building and Other Construction Workers Welfare
Boards and the Boards are mandated to perform various functions such as
providing immediate assistance to a beneficiary in case of accident, making
payment of pension to the beneficiaries who have completed age of 60 years,
sanctioning of loans and advances, paying premium for group insurance schemes,
providing financial assistance for education of children, meeting medical
expenses for treatment of major ailments, making payment of maternity benefit
etc. The major source of the fund of the Welfare Board is collection of cess
levied @ 1% of the cost of construction incurred by the employer under the
Act.
He said turing the last five years, we have
moved forward in implementing of these Acts. As of now, 34 States/Union
Territories have notified Rules under the Act, 33 have constituted Welfare
Boards, 32 have notified cess collecting authorities, 28 have constituted State
Advisory Committees and 25 have formulated the welfare schemes. However, I must
confess that in the context of the implementation of the Acts, a lot needs to
be done by the States. He also hoped for a meaningful discussion during the
event.
The other speakers included Shri Rama Chandra
Khuntia, MP and Vice-President, BWI Asia Pacific Region and Member, ESICMr. Luc
Van Dessel, Deputy President, BWI,Mr. Ambet Yuson, General Secretary, BWI,Mr.
Apolinar Z. Tolentino, Jr. Regional Representative, BWI Asia Pacific Region,Mr.
Felix Schmidt, Resident Representative, EFE India and Dr. Rajeev Sharma,
Regional Policy Officer, South Asia Project Office.
The two day event organized by the BWI is in
the backdrop of the Global Financial Crisis, infrastructure and development
projects in Asia have continued to grow. Increased government spending to
stimulate national economies has been matched with the need to meet the needs
of the population through improving vital infrastructure for health, education,
transport and energy. Across the region, broadly, infrastructure projects are
focusing on the energy, water treatment and transport sectors to meet the
growing needs of our growing communities. Only the tip of the iceberg of these
projects has been tapped in realizing their potential for trade unions to
extend protection to the workers on site and build membership.
The regional seminar is being considered as
“monitoring and re-planning workshops”. This means that it is both an
information-evaluation seminar and a planning workshop to facilitate the
directions, actions and policies of the regions relative to the BWI organized
MNCs-IFAs- basing the discussions of the plans and commitment of the unions in
2011 and earlier in 2012. Important here is that the regional leaders and the
affiliates have a frank and objective assessment of their work. From this
knowledge and contextualization, the seminar will facilitate re-planning by the
participants, redefine assistance of the BWI Secretariat and also Asia-Pacific
region contributes in shaping the overall BWI strategy for the next congress
period. Its objective include Honing of affiliate’ organizing campaign on MNCs
and Public Infrastructure Projects (PIPs); Forest and Wood Companies; and
Migrant Workers and Harnessing 2012-2015 Regional Action Plan as input to BWI
Congress Strategy Paper and Harnessing 2012-2015 Regional Action Plan as input
to BWI Congress Strategy Paper.