Friday, 16 November 2018

Clarification regarding Maternity Leave Incentive Scheme

Ministry of Labour & Employment

Clarification regarding Maternity Leave Incentive Scheme

Posted On: 16 NOV 2018 7:01PM by PIB Delhi
In a section of media, there have been some reports about Maternity Leave Incentive Scheme. In this regard, the Ministry of Labour & Employment has clarified the following -

Background- (i) The Maternity Benefit Act, 1961 applies to establishments employing 10 or more than 10 persons in Factories, Mines, Plantation, Shops & Establishments and other entities. The main purpose of this Act is to regulate the employment of women in certain establishments for certain period before and after child birth and to provide maternity benefit and certain other benefits. The Act was amended through the Maternity Benefit (Amendment) Act, 2017 which, inter alia, has increased the paid maternity leave to women employees from 12 weeks to 26 weeks.
  1. While the implementation of the provision is good in Public Sector, there are reports that it is not good in Private Sector and in contract jobs. There is also a wide perception that private entities are not encouraging women employees because if they are employed, they may have to provide maternity benefit to them, particularly 26 weeks of paid holiday. In addition, the Ministry of Labour & Employment is also getting complaints from various quarters that when the employers come to know that their women employee is in the family way or applies for maternity leave, the contracts are terminated on some flimsy grounds. There have been several representations before the Labour Ministry on how the extended maternity leave has become a deterrent for female employees who are asked to quit or retrenched on flimsy grounds before they go on maternity leave.
  2. Therefore, the Ministry of Labour & Employment is working on an incentive scheme wherein 7 weeks’ wages would be reimbursed to employers who employ women workers with wage ceiling upto Rs. 15000/- and provide the maternity benefit of 26 weeks paid leave, subject to certain conditions. It is estimated that approximately an amount of Rs. 400 crores would be the financial implication for Government of India, Ministry of Labour & Employment for implementing the proposed incentive scheme.
Major Impact: The proposed Scheme, if  approved  and  implemented shall ensure the women in this country an equal access to employment and other approved benefits alongwith adequate safety and secure environment. Also, the women shall continue to bear the major share of household work as well as child care. The work places will be more and more responsive to the family needs of the working women.

Current Stage of the Proposal:

There are some media reports that this Scheme has been approved/notified. However, it is clarified that Ministry of Labour & Employment is in the process of obtaining necessary budgetary grant and approvals of Competent Authorities. The reports that it will be funded from Labour Welfare Cess, is also incorrect, as no such cess exists under this Ministry.

Departmental Scholarship for Technical / Non-Technical education of the children of GDS for the year 2018-19

Two-Days Nationwide Historic Strike on 8th and 9th January, 2019



No. P3NFPE-Odisha/04 - 11/2018
Dated at Cuttack the 16th November, 2018
To
All the Divisional Secretaries
AIPEU, Group-C, Odisha Circle

Sub:-  Postal JCA decides to conduct 2 days strike on 8th and 9th January, 2019.

Dear Comrades,
This is to intimate that in the resolution adopted in the National Convention of Confederation held in Hyderabad on 10th June, 2018 and also in the National Secretariat meeting held thereafter, Confederation had decided that the proposed one day nationwide strike of the Confederation on 15th November, 2018 will be changed, if the Central Trade Unions declare nationwide strike, so that the dates of both strikes will be synchronized to make it a joint strike.

As you are aware, the National Convention of Workers held at Mavlankar Hall, New Delhi on 28th  September 2018 with participation of all the Central Trade Unions (except BMS) and all other independent Federations have declared two days nationwide strike on 8th  & 9th  January 2019 against the anti-people and anti-labour policies of the NDA Government.

Accordingly, the National Secretariat of Confederation has decided to postpone the 15th November 2018 strike to 8th & 9th January, 2019. The strike will be for two days. There is no change in the Confederation charter of demands.

In the meantime, the State Level Convention of the Central Trade Unions has been conducted on 4th November, 2018 in Bhanja Kala Mandap, Bhubaneswar which endorsed the above decision of the National Convention with resounding decision to make the 2 days strike successful in Odisha. On behalf of the Confederation and National Federation of Postal Employees, Odisha State CoC, this Circle Secretary had attended and addressed the said State Level Convention endorsing the decision of the Confederation.

Now, Postal J.C.A consisting of NFPE, FNPO, AIPEU GDS and NUGDS in a meeting dated 15.11.2018 in New Delhi decided to conduct the 2 days nationwide strike on 8th and 9th January, 2018.

The Postal JCA Circle No. PJCA / 2 / 2018, dated 16.11.2018 with the above decision and 19 point charter of demands are enclosed here with for ready reference.

While there will be no change in Confederation’s 10 point charter of demands (reproduced below for reference), the Postal JCA will join the strike with its 19 point sectional demands. After receipt of the tour programmes of the central leaders, Odisha Circle will shortly fix its own tour programme to undertake rigorous campaign for making the strike successful.

Please organize general body meetings and try your level best to motivate our members for active participation. A brief note on some important demands are also attached here with for your reference that will help you during the campaign programme.

Thus, you are requested to get ready with your strategy to make this general strike successful.

 Expecting cooperation from all of you.

With struggle greetings.
 Comradely yours,
( BRUHASPATI  SAMAL)
Circle Secretary
Copy for kind information and necessary action to all Circle Union office bearers.

POSTAL JOINT COUNCIL OF ACTION
NATIONAL FEDERATION OF POSTAL EMPLOYEES
FEDERATION OF NATIONAL POSTAL ORGANIZATIONS
ALL INDIA POSTAL EMPLOYEES UNION – GDS
NATIONAL UNION – GDS

Circular No. PJCA/2/2018                                      Dated - 16.11.2018
Circular
Comrades,
     A meeting of Postal J.C.A consisting of NFPE, FNPO, AIPEU GDS and NUGDS was held at NFPE office, North Avenue, New Delhi on 15-11-2018. All General Secretaries of NFPE, FNPO and GDS Unions participated in the meetings.

       The meeting was presided over by Com. T.N Rahate, Secretary General FNPO.

       A threadbare discussion took place on the prevalent situation in Deptt of Post. Deptt is moving ahead on the path of corporatization which will lead to privatization of services in future . IPPB is the burning example of this. After MNOP, PNOP has been brought and separate Parcel Directorate has been  Setup . The Minister communication is announcing to setup a separate company for PLI & RPLI.

       There is acute shortage of staff in each cadre . Cadre Restructuring for left out categories is not being finalized. The result of regular membership verification conducted in 2015 has not been declared yet. The entire process of GDS membership verification was cancelled arbitrarily.

       High Court & Supreme Court decisions in respect of MACP, RTP and others matters are not being implemented.

       Positive recommendations of Sri Kamlesh Chandra Committee are not being implemented.

       Every day new services are being introduced without developing proper infrastructure and without providing adequate manpower and training to the staff. Deptl Council meetings and periodical meetings are also not being held since long. More and more victimization of trade union leaders has become the order of the day.

       So therefore taking a serious note of all the above mentioned facts, PJCA has decided unanimously to conduct 2 days strike on 8 & 9 January – 2019 for which vigorous campaign will be launched . All leaders of NFPE & FNPO will carry on the campaign programme which will be declared shortly.


T.N Rahate                                                                           R.N Parashar
          S/G – FNPO                                                                           S/G - NFPE

CHARTER OF DEMANDS

1.    Implement all positive recommendation of Sri  Kamlesh Chandra Committee report and grant Civil servant Status to GDS.

2.    Fill up all Vacant Posts is all cadres of Deptt of Post i.e P.A/S.A, Postmen, Mail Guard, MTS, GDS, Postal Acctts, P.A  Admn Offices, P.A SBCO & Civil Wing etc and separate identity of all cadres within a time frame.

3.    Settle all the problems arisen out of implementation of C.S.I & R.I.C.T.

4.    Withdraw NPS and Guarantee minimum pension 50% of last pay drawn.

5.    Membership verification of G.D.S and declaration of result of regular employees membership verification conducted in 2015.

6.    Implementation of orders of   payment of  revised wages and arrears to the casual , Part time, Contingent employees & daily rated mazdoors as per 6th  7th CPC and Regularize Services of  casual Labourers.

7.    Implement Cadre Restructuring for left out categories i.e RMS, MMS, Postman/MTS, PACO,  PASBCO, Postal Acctts, Postmaster Cadre and Civil Wing etc.

8.    Stop Privatization,  Corporatization and out sourcing in Postal Services.

9.    Very Good Bench Mark should be implemented after issue of orders i.e from 25.7.2016.

10. Implement 5 days week in Postal and RMS.

11. Consider the suggestions by RMS JCA regarding PNOP & CSI.

12. Enhancement of higher payscales to those categories whose minimum qualification has been enhanced e.g Postmen, Mail guard.

13. Grant of pension to the promoted GDS based on Supreme Court Judgement in SLP No (C) 13042/2014.

14. Withdraw orders of enhancement of cash conveyance limit without security.

15. Implement all High Court and Supreme Court decision in C/W MACP, RTP and others.

16. Cash less facility treatment under CGHS  and allotment of adequate fund under head MR & T. A.

17. Retention of Civil wing is the Deptt of Post.

18. Holding of Deptt Council Meetings and periodical meetings at all level.

19. Stop Trade Union victimization and in the name of unscientific targets.
******
10 POINTS CHARTER OF DEMANDS OF CONFEDERATION
(adopted by the National Convention held at Hyderabad on 10-06-2018)

1.     Scrap New Contributory Pension Scheme. Restore old defined benefit Pension Scheme to all employees.

2.     Settle 7th CPC related issues including increase in Minimum Pay and fitment formula, HRA arrears from 01-01-2016, MACP Bench Mark, promotional heirarchy and date of effect from 01-01-2006, Option-I for pensioners and anomalies arising out of implementation of 7th CPC recommendations.

3.     Fill up all vacant posts. Reintroduce Regional Recruitment for Group B & C posts. Withdraw orders for abolishing posts lying vacant for more than five years. Revive all posts abolished during 2001 to 2008 under Annual Direct Recruitment plan as per  May 2001 orders of former NDA Government.

4.         (a)   Regularisation of Gramin Dak Sevaks and grant of Civil Servant status. Implement remaining positive recommendations of Kamalesh Chandra committee report.
             (b)   Regularise all casual and contract workers including those appointed on or after 01-09-1993.

5.     Ensure equal pay for equal work for all. Remove disparity in pay scales between Central Secretariat Staff and similarly placed staff working in field units of various departments.

6.     Stop closure of Govt. establishments and outsourcing. Withdraw closure orders of Govt. of India Presses. Stop proposed move to close down salt department. Stop FDI and privatisation of Railways and Defence department.

7.     Implement 7th CPC wage revision and pension revision of Autonomous body employees and pensioners. Grant Bonus to Autonomous body employees pending from 2016-17 onwards.

8.     Remove 5% condition imposed on compassionate appointment.

9.     Grant five time bound promotions to all Group B&C employees. Complete Cadre Reviews in all departments within a time-frame.

10.       (a)   Stop attack on trade union rights. Ensure prompt functioning of various negotiating forums under the JCM scheme at all levels.
            (b)   Withdraw the draconian FR-56(j) and Rule 48 of CCS Pension Rules 1972.
BRIEF NOTES
1.         Scrap Contributory Pension Scheme (Known as New Pension Scheme - NPS) and restore Defined Benefit Pension Scheme under CCS (Pension) Rules 1972 to all Central Government Employees, joined in service on or after 01-01-2004.

          Contributory Pension Scheme (called as New Pension Scheme - NPS) was introduced through an executive order with effect from 01-01-2004 for all Central Government employees who joined service on or after 01-01-2004.  Subsequently Pension Fund Regulatory and Development Authority Act (PFRDA) was enacted to make it statutory.  As per the NPS 10% Pay plus DA will be recovered from the employee each month and an equal amount will be contributed by Government.  The amount goes to the Pension Fund and from there to share market.  As per the PFRDA Act - “There shall not be any implicit or explicit assurance of benefit except market based guarantee mechanism to be purchased by the subscribers”.  Thus it can be seen that the contribution in the Pension Fund is fully dependent on the vagaries of share market.  There is no guarantee whether pension will be received at the age of 60 years and even if received what will be the amount of pension. Now, many employees who entered service on or after 01-01-2004 has started retiring from service after completing 12 to 13 years service.  They receive a megre amount of 900 to 1700 as monthly pension, whereas as per the old pension scheme an employee with minimum 10 years service is eligible for 50% of last pay drawn as monthly pension, subject to a minimum of Rs.9,000/- per month, that too without giving any contribution to the pension fund.  With meager amount of Rs.900 to 1700 how a pensioner and his family can survive?

          It is this bitter reality that compels the employees to demand scraping of NPS and restoration of the old Pension Scheme for all those employees who entered service on or after 01-01-2004.

2.      Honour assurance given by Group of Ministers to the Leaders of National Joint Council of Action (NJCA) of Central Government employees regarding increase in Minimum Pay and Fitment formula for Pay revision from 01-01-2016.
          
Most of the recommendations of 7th Central Pay Commission (CPC) are retrograde, especially regarding Minimum Pay and Fitment formula.  The NJCA representing entire Central Govt. employees had given notice for indefinite strike from 11th July 2016 demanding modifications in the recommendations of 7th CPC. To avert the inevitable strike action, a Group of Ministers consisting of Shri. Rajnath Singh, Home Minister, Shri. Arun Jaitley, Finance Minister and Shri. Suresh Prabhu, then Railway Minister held discussion with NJCA leaders on 30-06-2016 and assured that the main demand of increase in Minimum Pay and Fitment formula will be considered favourably and for that purpose a High Level Committee will be constituted by the Government which will submit its report within four months time.  This assurance was confirmed through a press statement issued by Finance Ministry on 06-07-2016.  Even though two years are over since then, neither High Level Committee is constituted by Government nor the assurance given by Group of Ministers implemented.  Entire employees and pensioners feel let down and betrayed. Now Government has made it clear in the Parliament that at present, no such proposal for increase in Minimum Pay and Fitment formula is under consideration of the Government.

3.      Regularisation and grant of Civil Servant status to Gramin Dak Sevaks of the Postal Department.  Implement all positive recommendations of Kamalesh Chandra Committee report without any modifications or dilution:
          
Consequent upon the appointment of 7th Central Pay Commission, the Government set up a separate committee on 19-11-2015 for revision of wages of three lakhs Gramin Dak Sevaks (GDS) of Postal Department.  Even though the Committee submitted its report on 24-11-2016, the Government delayed its implementation for 18 months.  Aggrieved by this, entire GDS employees went on 16 days indefinite strike and finally Government approved the wage revision.  Even though the revised pay scales recommended by the Committee is approved with effect from 01-07-2018, the formula for pay fixation and calculation of arrears from 01-01-2016 to 30-06-2018, recommended by the Committee is modified by the Government to the detriment of the employees resulting in loss of huge amount of arrears to each Gramin Dak Sevak.  Further some other recommendations of the Committee like composite allowance, raising the maximum limit of ex-gratia gratuity to 5 lakhs, three financial upgradations, enhancement of paid leave from 20 to 30, Enhancement of monthly subscription and insurance cover of EDGIS, Enhancement of working hours as per workload upto 8 hours, combined duty allowance, retirement on last day of the month on which GDS attains the retirement age etc. are either modified/curtailed or rejected by the Government.  Recommendations like grant of Children Education Allowance, Emergency leave, Accumulation of paid leave upto 180 days, Insurance Scheme, Limited transfer liability, Voluntary Discharge Scheme, lesser qualifying service for Limited Departmental Competitive Examinations (LDCE) etc. are yet to be approved by the Government.  Our demand for regularisation and grant of pension as per CCS (Pension) Rules 1972, Introduction of Medical Insurance Scheme, weightage increment for every 3 years service to seniors, etc. are not considered favourably by the Government.  In short, the attitude of the Government towards the genuine demands of the GDS employees is not at all positive and Govt. want to continue the inhuman exploitation of GDS.

(b)     Regularisation of Casual, Part-time, Contingent and Contract Workers who are engaged for years together to perform the work which are permanent and perennial in nature.
          
Thousands of Casual and Contract workers are engaged in various Central Government departments against permanent Group-C vacant posts and also to perform other work which is permanent/perennial in nature like sweeping etc.  Consequent on introduction of ban on recruitment by successive governments in power, their number increased phenomenally.  Government is not ready to regularize them and is not even ready to grant equal wage for equal work reiterated in the latest Supreme Court Judgment.

4.      Pension Parity recommended by 7th Central Pay Commision (Option-I):
          
7th Central Pay Commission, headed by Justice (Rtd) Ashok Kumar Mathur and consisting of experts from various fields, has recommended a new formula called “Option - I” for fixation of pension of all pensioners retired prior to
01-01-2016 which ensure cent percent parity in pension between present and past pensioners.  But, the Government has unilaterally rejected the recommendation on the specious plea that it is not feasible to implement.  This has adversely affected the pensionary benefits of about 33 lakhs Central Govt. Civilian Pensioners. 

          In addition to the above the following demands of the  Central Govt. employees are also long pending.

5.      Filling up of all vacant posts.  
   
There are about six lakhs vacant posts remaining unfilled in various Central Government departments.

6.      Stop closure of Government establishments -
          
Government has issued orders for closure of 12 Govt. of India Printing Presses out of 17 Presses, inspite of the fact that the Parliamentary Standing Committee has opposed the proposal and recommended twice for revival and modernisation of all 17 printing presses.

7.      Implement 7th CPC wage revision and pension revision of all Autonomous body employees and pensioners. 
 
            There are about 600 Autonomous bodies under the Central Government.  7th CPC wage revision and pension revision is not yet extended to 80% of the Autonomous body employees and pensioners.
8.      Remove 5% condition imposed on compassionate appointments

          Govt. has restricted the compassionate appointments to 5% of the total Direct recruitment quota vacancies earmarked for each year in each recruiting units of various departments.  This has resulted in rejection of even genuine and deserving cases of compassionate appointments.  The dependents of thousands of employees who died while in service are put to untold sufferings due to this inhuman decision of the Central Government.

9.      Stop attack on trade union rights and ensure prompt functioning of various negotiating forums under the Joint Consultative Machinery (JCM) scheme at National and Departmental level:

          Government has issued instructions banning all peaceful agitational programmes like dharnas, demonstrations etc.  Various negotiating forums under the JCM Scheme are not convened regularly and has become almost defunct or ineffective.

10.    Grant of five promotions during the entire service career of each employee –

          At present almost all employees in the Group B and Group-C cadres retire from service with maximum three promotions only.  Our request to ensure minimum five promotions in one’s career is not considered favourably by Government.

RTP Principal CAT Case

Next date of hearing is 03.12.2018

Postal JCA decides to conduct 2 days strike on 8 & 9 January – 2019

POSTAL JOINT COUNCIL OF ACTION
NATIONAL FEDERATION OF POSTAL EMPLOYEES FEDERATION OF NATIONAL POSTAL ORGANIZATIONS
ALL INDIA POSTAL EMPLOYEES UNION – GDS
NATIONAL UNION – GDS

Circular No. PJCA/2/2018                                                  Dated - 16.11.2018
Circular
Comrade,
     A meeting of Postal J.C.A consisting of NFPE, FNPO, AIPEU GDS and NUGDS was held at NFPE office, North Avenue, New Delhi on 15-11-2018. All General Secretaries of NFPE, FNPO and GDS Unions participated in the meetings.

       The meeting was presided over by Com. T.N Rahate, Secretary General FNPO.

       A threadbare discussion took place on the prevalent situation in Deptt of Post. Deptt is moving ahead on the path of corporatization which will lead to privatization of services in future . IPPB is the burning example of this. After MNOP, PNOP has been brought and separate Parcel Directorate has been  Setup . The Minister communication is announcing to setup a separate company for PLI & RPLI.

       There is acute shortage of staff in each cadre . Cadre Restructuring for left out categories is not being finalized. The result of regular membership verification conducted in 2015 has not been declared yet. The entire process of GDS membership verification was cancelled arbitrarily.

       High Court & Supreme Court decisions in respect of MACP, RTP and others matters are not being implemented.

       Positive recommendations of Sri Kamlesh Chandra Committee are not being implemented.

       Every day new services are being introduced without developing proper infrastructure and without providing adequate manpower and training to the staff. Deptl Council meetings and periodical meetings are also not being held since long. More and more victimization of trade union leaders has become the order of the day.

       So therefore taking a serious note of all the above mentioned facts, PJCA has decided unanimously to conduct 2 days strike on 8 & 9 January –  2019 for which vigorous campaign will be launched . All leaders of NFPE & FNPO will carry on the campaign programme which will be declared shortly.


T.N Rahate                                                                            R.N Parashar
S/G – FNPO                                                                              S/G - NFPE

       
        The Charter of demands for which 2 days strike will be conducted is mentioned as under.


CHARTER OF DEMANDS


1. Implement all positive recommendation of Sri  Kamlesh Chandra Committee report and grant Civil servant Status to GDS.

2. Fill up all Vacant Posts is all cadres of Deptt of Post i.e P.A/S.A, Postmen, Mail Guard , MTS, GDS, Postal Acctts, P.A  Admn Offices, P.A SBCO & Civil Wing etc and separate identity of all cadres within a time frame.

3. Settle all the problems arisen out of implementation of C.S.I & R.I.C.T.

4. Withdraw NPS and Guarantee minimum pension 50% of last pay drawn.

5. Membership verification of G.D.S and declaration of result of regular employees membership verification conducted in 2015.

6. Implementation of orders of   payment of  revised wages and arrears to the casual , Part time, Contingent employees & daily rated mazdoors as per 6th  7th CPC and Regularize Services of  casual Labourers.

7. Implement Cadre Restructuring for left out categories i.e RMS, MMS, Postman/MTS, PACO,  PASBCO, Postal Acctts, Postmaster Cadre and Civil Wing etc.

8. Stop Privatization,  Corporatization and out sourcing in Postal Services.

9. Very Good Bench Mark should be implemented after issue of orders i.e from 25.7.2016 .

10.          Implement 5 days week in Postal and RMS

11.          Consider the suggestions by RMS JCA regarding PNOP & CSI.

12.          Enhancement of higher pay scales to those categories whose minimum qualification has been enhanced e.g Postmen, Mail guard.

13.          Grant of pension to the promoted GDS based on Supreme Court Judgement in SLP No (C) 13042/2014

14.          Withdraw orders of enhancement of cash conveyance limit without security.

15.           Implement all High Court and Supreme Court decision in C/W MACP, RTP and others.

16.          Cash less facility treatment under CGHS  and allotment of adequate fund under head MR & T. A

17.          Retention of Civil wing is the Deptt of Post.

18.          Holding of Deptt Council Meetings and periodical meetings at all level.

19.          Stop Trade Union victimization and in the name of unscientific targets.