MEETING OF ALL INDIA COORDINATION COMMITTEE OF PUBLIC SECTOR TRADE UNIONS

A meeting of the All India Coordination Committee of Public Sector Trade Unions was held at BTR Bhavan, New Delhi on 13-14 November, 2010. While Com Swadesh Dev Roye presided over the meeting, Com. M.K.Pandhe delivered the inaugural speech and Com. Tapan Sen placed the Background Note. Comrades A K Padmanabhan, Jibon Roy and Dipankar Mukherjee also addressed the meeting. The meeting was attended by more than 140 delegates representing unions of both regular and contractor workers from 37 CPSUs spread over 14 states. 49 participants spoke on the report. The meeting adopted the following programmes:

1. “Anti Disinvestment Day” to be observed on Ist December 2010 – (i.e. the day the three day BSNL strike commences) through demonstration in all the public sector units in the country & sending Fax/telegram to Prime Minister of India:-

“STOP DISINVESTMENT IN PSUs FORTHWITH”

2. Contract Workers’ Demand day to be observed on 21st December through joint-demostration / mobilisation of regular & contract workers in all the public sector units.

In preparation of this programme at least week-long campaign in all the PSUs for the mobilisation on contract workers’ demands viz., inter alia, regularization of contract workers in permanent perennial jobs and payment of at least the minimum wage of the regular workers in the industry/establishment concerned.

3. In all the public sector units, our unions should hold committee meetings immediately after return to report the outcome of the Coordination Committee Meeting and draw a detail plan of campaign & agitation against disinvestment & contractorisation, and hold general body meeting to carry the issues to common workers. A series of meetings with workers at shop-floor, groups to be organized.

4. Copy of the Report alongwith annexures should be circulated to all working committee members and activists after translating the same the local languages.

5. In the the Multi-unit PSUs having establishments all over the country, the CITU unions functioning in different units must coordinate among themselves and form Coordination Committee, if not already formed, and hold their meetings regularly to plan the activities, campaign and agitation.

6. Particularly in the PSUs where disinvestment is being planned till April 2010, like in Powergrid Corporation, IOC, ONGC, Shipping Corporation etc, our unions should plan and launch campaign & agitation programmes right now, through organizing conventions, demonstrations, dharna, rallies & if possible strike actions. In these programmes, we should also make serious effort to involve other unions.

7. All out effort must be made by all our PSU unions to mobilize their maximum strength in the “March to Parliament Programme” on 23rd February 2011 decided jointly by the Central Trade Unions.

THE CHARTER OF DEMANDS FOR CONTRACT WORKERS

The Contract Labour (Regulation & Abolition) Act 1970 needs to be amended to ensure the following basic requirements:

1. Redefining employment relationship on the basis of the linkage between the final recipients of the gains of production, i.e., the principal employer, vis-à-vis the producer at the lowest rung of the production process deployed through various decentralised agencies.

2. Outsourcing should be treated as contract and should be covered by Contract Labour Legislation.

3. Reiterating the equal pay for same and similar work both for regular and contract/temporary workers in the main body of the legislation (at present similar provision is there in the rules framed under the present statute.

4. Regularisation of contract workers deployed in permanent/perennial jobs in the permanent roll of the company and stringent punishment (This is required to negate the pernicious impact of the Supreme Court Judgments on rights of the contract workers)

5. Payment of the minimum wage prevalent in the company/establishment (for the regular workers) to the contract workers of the said company if it is higher than the statutory minimum wag.

6. All contractors must obtain license from the appropriate authority for running its operation. And all contract/agreements and related transaction documents must mention the license number.

7. Even if contractor changes, the contract workers engaged by previous contractor should continue to be deployed without any interruption and change in service conditions: this provision should be incorporated as a condition in the tender to be invited for appointment of contractors.

8. The Annual Return on employment to be submitted to labour department by the principal employer should compulsorily include details of the contract workers including the contractors and their licence details.

9. In case of death owing to accident or otherwise in course of employment, contract workers should be paid same compensation as the regular workers.

10. The Principal employer should be held responsible for implementation of all labour laws for the contract workers including maintenance of employment register, submission of annual returns to labour department, PF, ESI and other social security measures and workmen’s compensation any violation of those laws should attract stringent punishment on the principal employers as well.

11. A separate inspectorate with adequate manpower has to be established in all states only for the purpose for inspection of the contract-employment related matters.

12. Contract labour monitoring board must be constituted in all states and central level with the representatives of unions, employers and government to monitor implementation of labour laws in respect of contract workers etc.

13. Appropriate legislation to negate the pernicious impact of the Supreme Court judgment in setting aside its own judgment(Air India case) in the case Vs SAIL The above is illustrative and not exhaustive.

Source: www.citucentre.org/