Thursday, 13 December 2018

Year End Review- 2018: Ministry of Labour & Employment

Ministry of Labour & Employment

Year End Review- 2018: Ministry of Labour & Employment

Posted On: 13 DEC 2018 2:43PM by PIB Delhi
The Ministry of Labour and Employment is committed towards job security, wage security and social security for each and every worker. Along with bringing transparency and accountability in enforcement of Labour Laws, the Ministry has taken important initiatives during the year,to realize and establish the dignity of every worker through provision of social security, enhancing the avenues and quality of employment.
  1. Major Achievements in Labour Welfare:
Labour Codes: In line with recommendations of Second National Commission on Labour, the Ministry has taken steps for formulating of four Labour Codes on (i) Wages; (ii) Industrial Relations; (iii) Social Security & Welfare; and (iv) Occupational Safety, Health and Working Conditions by amalgamating, simplifying, and rationalizing the relevant provisions of the existing Central Labour Laws.
Code on Wages Bill: The Draft Code on Wages Bill, 2017 has been introduced in the Lok Sabha on 10.08.2017 and is being examined by Parliamentary Standing Committee on Labour. The report of the Standing Committee is being awaited.
Code on Industrial Relations: To introduce the proposal of Labour Code on Industrial Relations Bill, 2018 in the Parliament, draft Note for the Cabinet along with the Labour Code on Industrial Relations Bill, 2018 was circulated on 08.02.2018 for Inter-Ministerial consultation for seeking views/comments thereon. After examining the received comments of Ministries/Departments, the draft Code on Industrial Relations has been suitably modified.  After vetting the Code by Legislative Department, Ministry of Law & Justice, the draft Cabinet Note alongwith the Code on Industrial Relations Bill, 2018 has been sent to Cabinet Secretariat on 05.11.2018 for consideration.
Code on Social Security & Welfare: A preliminary draft of the Code on Social Security & Welfare was placed on the website of the Ministry on 16.03.2017, inviting comments of the stakeholders / public. After considering the comments of various stakeholders, a revised draft namely draft Code on Social Security and Welfare, 2018 was uploaded on the website of this Ministry on 01.03.2018 seeking suggestions/comments from stakeholders/public.  A Tripartite Consultation Meeting to discuss the Labour  Code on Social Security & Welfare Bill, 2018  has been held on 27.11.2018 with Central Trade Union Organizations, the Employer’ Associations and the State Governments/UTs under Chairmanship of Minister of State   (Independent Charge) for Labour and Employment. The draft Note for the Cabinet along with the Labour Code on Social Security & Welfare Bill, 2018 has also been circulated recently for Inter-Ministerial consultation.
Code on Occupational Safety Health & Working Conditions: Preliminary draft of the Code on Occupational Safety Health & Working Conditions was prepared and placed on the website of the Ministry on 23.03.2018 for inviting comments/suggestions of the stakeholders including general public. A Tripartite Consultation Meeting was held on 22.11.2018 with Central Trade Union Organizations, the Employer’ Associations and the State Governments/UTs under Chairmanship of Minister of State (Independent Charge), Labour and Employment to discuss the draft Occupational Safety, Health & Working Conditions Bill, 2018.  The draft Cabinet Note alongwith the draft Occupational Safety, Health & Working Conditions Bill, 2018 has been circulated for Inter-Ministerial consultation recently.
Shram Suvidha Portal: The Ministry of Labour & Employment has developed a unified Web Portal ‘Shram Suvidha Portal’, to bring transparency and accountability in enforcement of labour laws and ease complexity of compliance. The facilities available to establishments on Shram Suvidha Portal as on today include:
  1. Transparent Labour Inspection Scheme through computerized system based on risk based criteria and uploading the inspection reports within 72 hours by the Labour inspectors. The time period for uploading the reports has been reduced to 48 hrs since 05.11.2018.
  2. Common Registration for ESIC and EPFO,
  3. Common ECR for ESIC & EPFO,
  4. Single Annual online return for 8 Central laws and 3 returns under the Mines Act, 1952.
  5. Online licensing under the Contract Labour Regulation and Abolition Act, 1970 and the   Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 besides the Labour Inspection Scheme for enforcement agencies.
  6. Online Registration by Chief Labour Commissioner (Central) under three Acts i.e the Contract Labour Regulation and Abolition Act, 1970, the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 and The Building and Other Construction Workers’ (Regulation of Employment and Conditions of Service) Act, 1996.
Maternity Benefit (Amendment) Act, 2017 which came into force from 1st April 2017: Increased paid maternity leave from 12 weeks to 26 weeks and has benefited 18 Lakh women employees. Recently Government proposed to bear 7 weeks of salary to motivate employers. This policy will be finalised after approval by the competent forum.
The Payment of Gratuity (Amendment) Bill, 2018 passed by Lok Sabha on 15th March, 2018 and by the Rajya Sabha on 22nd March, 2018, has been brought in force on 29th March, 2018. The present upper ceiling on gratuity amount under the Act has been raised from Rs. 10 Lakh, to Rs. 20 Lakhs.
MoU for Ship Recycling Industry: The Directorate General Factory Advice Service & Labour Institutes (DGFASLI) and Gujarat Maritime Board (GMB) have signed a Memorandum of Understanding (MoU) in Alang on 11-7-2018. The MOU will bring positive changes in working of ship recycling industry and will improve safety and health of the workers and supervisors who are employed in large number in Alang.
MoU signed for international cooperation in the social and labour sphere:
The Union Cabinet has approved a
Another Memorandum of Understanding (MoU) was signed between India and Italy for training and education in the fields of Labour and Employment.
Worker’s Education Programme: Dattopant Thengadi National Board For Workers Education and Development organized 899 training programmes for organized sector workers, 2733 training programmes for unorganized sector workers and 670 training programmes for rural workers including MGNAREGA.
Public Grievances Redressal: 33,680 Grievances were received in the Ministry of Labour and Employment during 01.01.2018 to 30.11.2018. Out of these, 32,837 grievances were disposed through CPGRAMS (Centralized Public Grievances Redress and Monitoring System) Portal.
Step Taken for improved Safety of Mine workers: 
  • Under the provisions of the Mines Act 1952,  Permissions, exemptions, relaxations and approvals etc.; were earlier being issued on submission of offline applications by the stakeholders. In view of the Digital India initiative, three software modules namely “Approval System”, “Permission/ Exemption/Relaxation System” and “National Safety Award (Mines) System” have been developed and made live. Two more softwares namely “Accidents & Statistics System” and “Accounts & Budget System” have been developed as a part of “Digital DGMS”. They are under testing. The software modules will bring in more transparency & accountability and speedy disposal of works.
  • The modalities for “Risk-based Inspection System” for coal mines have been developed. The software for the purpose has been developed by NIC and implemented by incorporating it in Shram Suvidha Portal.  Risk-based inspection system for metalliferous mines is under progress and shall be developed during 2018-19. The inspections will be generated for online assignment through shram suvidha portal prioritizing on the actual risk rating of the mines of all categories.
  • Directorate General of Mines Safety (DGMS) has facilitated Risk Assessment Study & preparation of Safety Management Plan in 110 Mines. The system has resulted in more proactive system of safety management.
  • Under a joint project with National Institute of Miners’ Health (NIMH) Nagpur on “Multi-Centric Study of Dust Related Disease in Stone Mines and Development of Sustainable Preventive Programme”, field studies were successfully conducted in Nalgonda district of Telengana and Karauli, Dholpur, Jodhpur, Nagaur and Bharatpur districts of Rajasthan, Vidisha district in MP and Birbhum district in WB. 2539 workers have been medically examined and 136 cases of silicosis affected persons were identified.
  • Occupational health survey of 9863 persons employed in unorganized sector stone mines were conducted by DGMS in various regions of different states with the help of respective state administration. 211 cases of silicosis affected persons were identified.
Fixed Term Employment:
            Ministry of Labour & Employment has included the category of 'Fixed Term Employment Workman' for all sectors in the Industrial Employment (Standing Orders) Act, 1946 and rules made there under vide Notification No. G.S.R. 235(E) issued on 16.3.2018. The objective of Fixed Term Employment on one hand is to provide flexibility to the employers in order to meet the challenges of globalization, new practices and methods of doing businesses while on the  other, this would be beneficial for workers as it gives the 'FTE Workman' the same statutory benefits as that of regular workers in a proportionate manner. This would also substantially decrease exploitation of contract workers as the employer would directly hire the worker without any mediator in the form of contract for a fixed term.
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