The First and The Second National Commission Commission On Labours
COMPILED BY
RAHUL PANDEY ROLL NO. 311025
COMMISSIONS ON LABOUR (1931-2002)
On the Fourth of July 1929 the Imperial Government of Britain constituted the first Royal Commission of Labour in India with the express mandate to – to – Enquire into and report on the existing conditions of Labour in
1.
Industrial undertakings and
2.
Plantations in British India
The Royal Commission of 1929 was the first of a series of such commission of labour with similar mandates held afterwards.
1.
The Labour Investigation Committee- 1946,
2.
The National Commission of Labour ( 1967-69),
3.
Shramshakti: The National Commission on Women in Informal Sector 1987- 88
4.
The National National Commission on Rural Labour (19861991).
FIRST NA NATIONAL COMMISSION ON LABOUR •
Set up on 24 th December 1966
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Chairman- Justice P.B. Gajendragadkar.
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Submitted report in August , 1969
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Issues like recruitment agencies and practices, employment service administration, training and workers education, working conditions, labour welfare, housing, social security, security, wages and earnings, wage policy, policy, bonus, workers/employers organisations, industrial relations machinery etc.
National Labor Commission & Industrial Relations Policy of 1969
Recognition of Unions and role of IRC: •
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1. 2. •
100 or more workers in establishment - compulsory At least 30% of the workers within the organization 25% if recognition is sought for industry in a local area. The IRC must certify the union as a representative union by Examination of membership records or Holding an election by secret ballot open to all employees. The other aspects : the level of recognition to be offered, certifying the majority union, and dealing with other related matters.
The rights- Right to sole representation, Right to enter into collective agreements The right to collect membership subscriptions
The right of check-off check-off,, etc.
Minority unions must only be allotted the right to represent cases of dismissal and discharge of their members before the Labor Court. Unions must be made strong, organizationally, organizationally, and financially.. Nevertheless, intra-union disputes must be financially discouraged.
Strikes/Lock-outs and Gheraos: 1. If cessation of work may cause social harm, strikes should be banned; instead, the case must be forwarded to an arbitration committee. 2. Every strike must be preceded by a warning. 3. A maximum of one month must be allotted for holding a legal strike. 4. Gherao is not really a form of labor unrest because it involves physical compulsion instead of economic pressure.
5. Penalties should be charged for unjustified strikes 6. Compensation and wages should be distributed to prevent unnecessary strikes.
Conciliation: Conciliation is most effective if it is uninfluenced by external factors, and the conciliation department is adequately staffed.
Arbitration: Voluntary arbitration will be accepted
Unfair Labor Practices: Penalties should be levied upon those who participate in unfair labor practices
THE SECOND SECOND INDIA INDIAN N NATIONAL NATIONAL LABOUR COMMISSION - 2002
June 29,2002
Chairperson - Ravindra Varma,
Reconstituted in 1999 by b y the NDA government, the NCL had a clear mandate to -
1. Review the existing labour laws in the organised sector in the changing economic context and 2. Suggest comprehensive legislation to ensure a minimum
level of protection to workers in the unorganised sector.
National Commission on Labour chairperson Ravindra Varma presenting presentin g the Commission's report to Prime Minister Atal Behari Vajpayee on June 29,2002 in the presence of Defence Minister George Fernandes and Labour Minister Sharad Yadav.
Workers from unorganized sector can form Trade Unions The Commission recommends a specific provision in the Trade Union Act to enable workers in the unorganised sector to form trade unions and register them. It has recommended a waiver of the condition of employer-employee relationship and also of the 10 per cent membership in the establishment.
The recognition and check-off system For 300 or more workers
66 per cent membership for entitlement as negotiating agent. If the condition is not satisfied, a composite negotiating agent from among representatives of unions with support of more than 25 per cent has been recommended. A period of 4 year
For less than 300 employees
Though the check-off system will be preferred in the case of establishments employing less than 300 persons too, the mode of identifying the negotiating agent in these establishments may be determined by the LRCs.
Moreover, even with 100 to 300 workers, many establishments function as joint-stock companies. If that is so, workers' participation at various levels should be promoted.
Standing Orders
Establishments having 20 or more employees
Govt. may provide Model Standing Orders
Grievance Redressal Committee
Equal number of workers and employers representative
Three tier systemThe Commission has recommended a three-tier system of 1. Lok Adalats, 2. Labour Courts and 3. The Labour Relation Commission.
Lok Adalats and Labour Courts deal with individual grievances and complaints, The Labour Relations Commission deal with ii. both Individual problems and in collective bargaining where a settlement cannot be reached reached through bilateral bilateral negotiations. i.
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Labour Courts should have final authority in issues pertaining to labour and Jurisdiction of civil courts in this area be banned.
No exemption to EPZ/SEZ No exemption from labour laws should be allowed to export promotion zones or special economic zones
Strikes and lockouts
Called by recognized agent
Strike ballot – ballot – 51% 51% support
A worker who goes on an illegal strike should lose three days wages for every day of the strike, and The management must pay the worker wages equivalent to three days wages per day for the duration of an illegal lockout. The union which leads an illegal strike must be debarred from applying for registration for two or three years."
Other recommendations No need of wage board Casual or temporary worker – maximum maximum 2 years against a permanent job Minimum wage1. Must be revised by govt. from time to time 2. Component of DA included
General law relating to Working hours,leave, working conditions, law on child labor Skill development fund
Lay-offs and retrenchments
Prior permission is not necessary Workers, are entitled to two months notice, or notice-pay in lieu of notice, in case of retrenchment. The rate of retrenchment compensation should be higher in a running organisation than in a sick one.
Closure
In case of closure of establishment employing 300 or more workers, the employer will make an application for permission to the appropriate Government Government 90 days before the intended closure and also serve a copy of the same on the recognised negotiating agent.
Compensation could be 50% of wages as in case of retrenchement.
References 1. Article ―Report of National Commission on
Labour — Inconsistencies Labour — Inconsistencies weaken the safety net", Business Line, Tuesday Dec 3,2002. 2. www.indialabourarchives.org 3. www.cpiml.org/liberation/year_2002/november/
article.htm 4. http://www http://www.erlaws.com/library/nlcrshivaj .erlaws.com/library/nlcrshivaji.htm i.htm
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