Tus Seek Single Labour Law For Industry, Farm Sectors

Central trade unions have sought major changes in the Industrial Relations Bill, including a single law for all industries and shops, compulsory union membership for all workers and 60-day salary as retrenchment compensation.

In a position paper prepared by the Central trade unions on the comprehensive industrial relations bill, they have suggested that the new law should be known as `employment relations act.

The position paper has been prepared following the labour ministrys directive to the trade unions and industry to send in their recommendations on the industrial relations bill. Both the groups had earlier decided to send their recommendations separately.

 

The position paper has suggested that the labour relations system should be based on bipartism, compulsory collective bargaining and voluntary arbitration. It wanted the `employment relations act to cover all industries establishments, shops and the unorganised sector, irrespective of the number of employees and have one single law, including those for the agricultural sector.

The trade unions wanted that unfair labour practices should be omitted from the law. It also sought that union membership should be made mandatory for all workers, although each workers can choose the union he wants to join. Qualification for becoming the sole representing union should be 65 per cent of votes of workmen, including temporary, contract and casual labour in secret ballot to be conducted by an independent authority like a tripartite `labour relations board.

For industry-wise union, the requirement for recognition should be 51 per cent votes of the workmen. Otherwise, representative council of unions, which secure a minimum of 10 per cent votes or more, should be constituted on the proportional basis.

The paper suggested that the strikes and lockouts should not be treated on a par since the workers on the whole belong to a weaker section. Notice of 15 days should be necessary only in essential services before resorting to strike, except in cases of those strikes which are spontaneous or provoked by the employer.

A strike should be preceded by the decision of workers in strike ballot. It suggested that for both legal and illegal strikes, full wages will have to be paid. Nor should the government have the right to declare a strike illegal and it should be left to the labour relations board.

The trade unions wanted that retrenchment, lay-offs or closures or lockouts, should not be resorted to by an employer without the prior permission from the government. Retrenchment compensation rate should be 60 days wages and all allowances per year of service, irrespective of the length of service.

Compensation for lay-offs should be 50 per cent of wages and all allowances for the first month. Thereafter, it should be 75 per cent for the second month and full wages from the third month. No adjustment of lay-off compensation should be allowed in the retrenchment compensation.

In case of illegal retrenchment, closure/lockout and default in payment of dues of employees, the owner should be held personally responsible and their private property should be attached. They should be blacklisted for grant of license to start new plants. The proceedings for recovery of dues of employees should be timebound. The dues should be recoverable by the Labour Relations Board.

The President of India, on the recommendation of the Chief Justice of India, should appoint the board members consisting of equal number of representatives of the employers, trade unions and independent persons. The board should have a constitutional status and the national level board should appoint similar boards at the state level.

The boards functions should include registration and recognition of trade unions, machinery for settlement of industrial disputes, research on labour problems and intra-union disputes.

Regarding workers participation, the trade unions wanted that it should be at all levels. The board of directors should consist of representatives of the employer, workmen, technocrats and executives. Points of labour

Single labour law for all industries, including farm sector

60 days wages as retrenchment compensation

Attachment of property for illegal retrenchment

Government permission for lay-offs and closures

Mandatory union membership for all workers

Constitutional status for Labour Relations Board

Labour Relations Board should have sole right to declare strike illegal

Omission of unfair practices from the law

Rename Industrial Relations Act as Employment Relations Act