COUNTRY REPORT. COM.Harbhajan Singh Siddhu Hons.General Secretary (HMS INDIA) TRADE UNION TRAINING ON WAGE POLICIES FOR DECENT WORK

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1 HIND MAZDOOR SABHA 2014 INDIA COUNTRY REPORT COM.Harbhajan Singh Siddhu Hons.General Secretary (HMS INDIA) TRADE UNION TRAINING ON WAGE POLICIES FOR DECENT WORK (FOCUS ON MINIMUM WAGES & COLLECTIVE BARGAINING) COURSE-A357327, FROM-12 th aug.to 15 th aug-2014 AT SINGAPORE Bro.Shailendra Kumar Srivastava ORGANISING SECRETARY, DIVSIONAL ORGANISING SECRETARY HMS(GUJRAT) INDIA WREU (Bhavnagar)GUJRAT 8/6/2014

2 HIND MAZDOOR SABHA is an independent, democratic biggest central Trade Union established in 1948.It is free from any political influence or domination of political party along with employers. That is the main strength and asset of HMS.Since its foundation in calcuta in the newly independent India in 1948.In Indian political situation and system of trade union,it is a matter of accomplishment for a national Trade Union centre to have survived and grown with out being a part of any political parties,except, HMS.All Indian national centre of trade union affiliates wth political party.hms never claim that it is an arm of any political party,but believes in democracy,democratic socialism and international solidarity of workers.hms is one of the founder member of ICFTU, now ITUC. But members of various political parties are the member of hms affiliates union.hms has grown from 6 lakh members in 1948 to over 62 lakh ( 47 lakh male & 15 lakh femal ),after the his torical merger of HMKP IN HMS in Oct-2010.Now,HMS is the biggest national centre of india.who play a lead in Indian industries like-railway,port&dock,civil Aviation,Road transport,mines,textiles,chemical Engg.Steel Ind.,Coal industries,rural Labour,Construction Org. and a number of private sector companies also. India is the largest democracy of the whole world having currently 1.25 billion populations. India is one of the youngest countries of the world having 520 million labor work force with 20 million growing every year, the diversity of the Indian work force makes it difficult to genaralize it profile, because 92% workforce of un-organized sector and only 8% is in the organized sector. Being a socialist-democratic country, the constitution of India has generally, guaranteed the right of the workers. Due to large member of(92%) workforce, worked in informal sector/unorganized sector, it is very difficult to protect their all right relatd with various service condition. In this situation, the Indian trade union have had to struggle to ensure respect of worker right and bring about improvement in the working, and service condition. In India at present mostly labour force is in casual employment and daily basis wages. Casualization of labour is growing due to economic liberalization, Privitazation in formal of sector, adopting new telhology, cost cutting competitive strategies of employer and the governments s investor in the organized sector. For last ten years, the trade union have been struggling against the ill effects of policies of economic liberalization. Privatization and dilution of labour laws, which are adversely affecting workers employment, payment of minimum wages, right of colcative bargaining and social security right. All the trade unions have been raising the issue to resolve the problem of un-organized labour at the highest level including Indian labour conference. A national commission was appointed to study the various problem of informal sector. National Commission has recommended some important scheme for informal sector worker. The trade union were able to put partial implementation of a national employment guarantee scheme and declaration of some social security schemes, After a prolonged persistent demand of and constant persuasions by the Indian trade union.the government has enacted un-organized worker social security Act But in this act has so many holes and no any financial support by Government, does not cover the entire un-organized sector workers, like domestic worker, agriculture,and vendor worker are not covered in this act. HMS has organized many workshop to build the capacity of its affiliates union and plan for organization of worker in the unorganized sector. (A)The state of trade unions, including extent of unionization, number of national centers, structure and organization of trade unions, main challenges facing trade union movement- (i) Unionization in India- The existing labour and industrial laws and various political parties are in favour of the employer, not in favor of the worker of nations, due to some political and physical requirement of political party. The rate of unionization of worker in the country is very less percentage and in particularly low in the field of un-organized sector. The changed in socio-economic condition of India since 1991 and the consequent change in employment patterns in industrial establishment in the country has badly affected the

3 unionization of worker. Due to this changes, decrease In the permanent workforce and increased casual labour on daily wage system, through contracting and sub contracting. In this situation such worker of informal sector and sometime in formal sector also, not in a position to form union or join unions as per their choice or requirement and not exercise their collective bargaining rights. In such cases even permanent worker of formal sector (Organized labour), are unable to form and join trade union of their industries and exercise their collective right, because anti union acts by employers and local government also. The overall Indian work force consists of approximately 520 million worker of these are 92% worker in unincorporated, unorganized /informal sector and the organized sector employed only 8% worker. Which worked for state/central government or government s associated offices. (ii) Number of National Centre.:- In India the Trade union movement is generally divided on political lines. According to provisional statistics from the ministry of labour, there are 12 central trade union organization recognized by the ministry of labor. (1) HMS- Hind Mazdoor Sabha(independent socialist-without any political party) 6.2 Million (2) BMS- Bhartiya Mazdoor Sangh(Bhartiya Janta Party-Rulling Govt.)-- 6 Million (3) INTUC- Indian National Trade Union Congress (Indian National Congress-Max. rulling party)- 4 Million (4) AITUC- All India Trade Union Congrss(Communist Party of India) 3.3 Million (5) CITU- Centre of Indian Trade Union(CPI-(M)) 2.6 Million (6) UTUC- United Trade Union Congress (Revoutionary Socialist Party). (7) TUCC- Trade Union Co-ordination Centre(All India forward bloc). (8) SEWA- Self employed women s Association (Independent). (9) LPF- Labour Progressive Federation (Dravide Munnetra Kazhagam) (10) AICCTU- All India Central Council of Trade Unions (CPI(ML)) (11) INTTUC- Indian National Trinanool Trade Union Congress(TMC) (12) NFIT (National Front of Indian Trade Union) - Natinalist Congress Party. (iii)structure and organization of Trade Unions:- The structure of the trade unions in India is a National Centre (GK, HMS, BMS, INTUC ), state level Branches (Like, HMS, BMS -Gujrat State) in every state cpitaf of country, District level Branches under, the state industry wire Industrial federations, and their affiliateds union (Zone nire or city Wire). National Centre(HMS) Industrial Federation(AIRF) Zonal Level Union(WREU) Divisional Level Union(WREU-BVP) State Level Org. (HMS Gujarat) District Level Org. (HMS Bhavnagar) Individual Factory/Company Based Union The Union organization in the country is a hierarcy level. That called the National Body. Being the apex union body in the country. On same pattern in the industrial Federation and it aftiliates union also. The state body is the apex body in each particular state of the country, where the union has run, which is turn is sub-divided into district level bodies. Normally each company/zonal union has approx 10 office bearear and some working committee member ellected through democratic system to run the union in their field successfully with all corner. (1) President/Chairman (2) Vice President (3) Vice President (4) Vice President (5) Treasurer (6) General Secretary (7) Astt.General Secretary (8) Astt.General Secretary (9 Astt.General Secretary (10) Organising Secretary

4 (iv)main challenges facing trade union Movement:- At present in India most challenge facing to recognize the unorganized workers- contract worker, Domestic worker and migrant worker dealing with women and youth worker multinational company. Non-enforcement of basic labour related laws in rural areas, small industries, because 60 to 65% of Indian population lives in villages and work in small scale industries. Union has facing more challenge in organized sector also, due to privatization and out sourcing at the work having perennial nature. Non-ratification of ILO core conventions such as 87 and 98 related with TU(Feedom of association and right to organize) (B)Wage developments in your country: Is there a wage policy in your country? What are the median earnings of workers in your country? (Median wage means: most workers are earning what wages), What is the per capita income of the country? Any information on trends in share of wages in GDP? Under the national wage policy, there are so many system have been adopted by India for wage review. (i) In order to prescrible the minimum rate of wages, the minimum wages Act-1948, was passed. The Act empowers the Govt. to fix minimum rates of wages in respect of certain sweated and unorganized employments. It also provides for the review these wages at intervals not exceeding 5 Yr. (ii) In the Public Sector, wages are review by permanent wage review committee after a gap of every five year. (iii) For all Central Govt. employee. Govt. has appointed a Central Pay Commission (CPC) for every 10 Years, for reviewing the wages, allowances and service related condition for above employees in every 10 years. First CPC was appointed in 1946 and in this year 7 th CPC appointed in Feb-14. Same pattern will follow by state Government also. (iv) Compulsory Conciliation and Arbitration for any dispute between Govt. and employee or union, under the provision of industrial Disputes Act It s provide for the appointment of industrial tribunals and National industrial tribunals for settlement of industrial disputes including those relating to wages. (V)Wage Board System:- A wage board is a tripartite body with representative of management and workers, wage board after discussion on various matter recommends his view, but considered binding upon employers. (vi) India s per capita income in projected to soar by 10.4% to Rs in FY financial Year as the country becomes a $1.7 trillion. Per Capital income calculated by evenly dividing the national income by the country population at present per capital income is 205 INR per day. (3) Minimum Wages: What is the system of minimum wages in your country? How are MWs set? What is the minimum wage? The minimum Wages cover all worker in the sector of, agricultural, industrial and small scale refix as per above Govt. Policy. Wages share, In GDP of country are normally decline in Indian GDP, every year, in normal GDP growth 4.7% in whole GDP only 30% share of all services sector of Nations, 20% less than Agriculture (50%) sector. (4) Union policies/strategies to address the women workers issues in collective bargaining & wage systems- Hind Mazdoor Sabha believes that women and youth have to play a significant role in fighting these challenges and proper participating in various level 7 collective Bargaining. HMS observes international women day on the 8 th March every year. Decent work decent life for women was the issue taken up in 2008 and series of programs and workshop organized on Gender Equality and again inequality and discrimination against

5 women in the informal sector. In India female worker contribute 32% of the total work force, so the issue related with women worker is the most priority item of our trade union. Recently in India, Particularly in Railway and in general in all sector of HMS offiliates, some post are earmarked for women worker in collective Bargaing system also, HMS creats has own women committee for solve the issue related with gender diccrimanation, sexual harassment at work place or in society violence against women etc. The policies of Trade Union has crystal clear, (related with women worker issue) to resolving any issue/ grievance of women worker as like male worker, there are no any differentiate between then under any bargaining. In wage system in india there are so many extra benefit and allow demanded by union for their women worker. HMS has also aims to extending labour protection for women in the unorganized sector, strengthing the implementation of the Equal Remuneration Act-1976, maternity Protection Act-1961 and Scaling up of efforts for skill developing to women worker through Trade union Education. (5) Main priority areas of trade unions :- (1) Employment Guarantee system in all informal of sector, and minimum facility given to all type of worker in country as per ILO standerd. (2) To established live trade union in India agricluter secto r, where maximum labour force are unorganized. (3) Basic, Safe and better working condition for women in small scale factories. (4) To incrise organized labour percentage, from 8% to 15% in this decade. (5) Efficient and professional functioning of a Trade union along with new technology on all matter in all sector, where union has formed. (6) To Find out Industries working under informal sector, where trade union not establish properly and try to establish early to increase trade union member in labour force of India. (7) Regular creats pressure on govt. for ratification of both ILO conventions No-87 and 98. In last few word about Indian Trade Union, The Hind Mazdoor Sabha is only Single organization of India, who worked without Influence of any political party with their social. Ideology. After effort of HMS, all central Trade unions comes together shared common dias chalked out the common issue of labour of India and framed Joint action Group and executed it nationwide very successfully. The Leader of HMS has played a key Role for this. Recently the Labour ministar. Govt. of India has invited all CTUO for discussion on Challengers and way out in the world of work on 24/06/2014. Now, Let us hope that our legitimate, long pending, genuine demands will get due consideration by Govt. Com.S. K. Srivastava Participant for the Gouarse A HMS-INDIA.

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