22-Sep-2020: Lok Sabha passes 3 Historic and path breaking Labour Codes

Minister of State (I/C) for Labour & Employment, Shri Santosh Gangwar, while responding to the debate in the Lok Sabha, has stated today that the three Bills introduced in the House for historic labour reforms in the country, will prove to be a Game Changer in the labour welfare reforms covering more than 50 crores organized and unorganized workers in the country.  This also includes gig, platform and also opens up the doors for social security to those in the self-employment sector.  

The 3 bills which were passed in the Lok Sabha today are (i) Industrial Relations Code, 2020 (ii) Code on Occupational Safety, Health & Working Conditions Code, 2020 & (iii) Social Security Code, 2020.  These bills are part of Government’s earnest desire to bring much needed labour welfare reforms in the country which has not been done for the last 73 years.  In the last 6 years, many multi-stakeholders consultations were held with all stakeholders i.e. Trade unions, Employers, State Governments and experts of labour sector.  This also includes holding 9 tripartite consultations, four Sub Committee meetings and 10 Regional Conferences, 10 inter-ministerial consultations and views of citizens.  

Shri Gangwar said that under the dynamic leadership of visionary Prime Minister Shri Narendra Modi, this Government has taken number of steps to fulfill the dreams of Baba Saheb Ambedkar from 2014 onwards and gave equal importance to ‘Shramev Jayate’ and ‘Satyamev Jayate’.   Government is ceased with the problems faced by workers and for the last 6 years, My Ministry has been working tirelessly to provide social security and other welfare measures to both organised and unorganised workers including during this Covid-19 epidemic. He added that unprecedented steps were taken by Government under the leadership of our visionary Prime Minister, Shri Narendra Modi and launched many welfare measures such as increasing the maternity leave for our sisters from 12 weeks to 26 weeks, women were allowed to work in mines under Pradhan Mantri Protsahan Rozgar Yojana.  Formal employment was increased portability in EPFO and welfare schemes and and expansion of ESIC facilities to our fellow citizens. 

The Minister, while replying to the issues raised by the Members of Lok Sabha, said that the Bills takes into account the holistic development of the country by keeping the labour interest uppermost in the mind. He said these are the people who have suffered mostly by having multiple laws on labour which involved procedural complexities thereby hindering implementation of various welfare and safeguard provisions.  He further said that 29 labour laws are being subsumed in the simplified, easy to understand transparent 4 labour codes. Out of the 4 labour codes, Code on Wages has already been passed by Parliament and have become the law of the land.  All the labour laws (29 in number) being amalgamated into 4 labour codes are :

 Name of the Code

Number & name of amalgamated laws

Wage Code

4 laws –

  1. The Payment of Wages Act, 1936
  2. The Minimum Wages Act, 1948
  3. The Payment of Bonus Act, 1965
  4. The Equal Remuneration Act, 1976

IR Code

3 laws -

  1. The Trade Unions Act, 1926
  2. The Industrial Employment (Standing orders) Act, 1946
  3. The Industrial Disputes Act, 1947

OSH Code

13 laws -

  1. The Factories Act, 1948
  2. The Plantations Labour Act, 1951
  3. The Mines Act, 1952
  4. The Working Journalists and other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955
  5. The Working Journalists (Fixation of Rates of Wages) Act, 1958
  6. The Motor Transport Workers Act, 1961
  7. The Beedi and Cigar Workers (Conditions of Employment) Act, 1966
  8. The Contract Labour (Regulation and Abolition) Act, 1970
  9. The Sales Promotion Employees (Conditions of Service) Act, 1976
  10. The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979
  11. The Cine-Workers and Cinema Theatre Workers (Regulation of Employment) Act, 1981
  12. The Dock Workers (Safety, Health and Welfare) Act, 1986
  13. The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996

Social Security Code

9 laws –

  1. The Employees’ Compensation Act, 1923
  2. The Employees’ State Insurance Act, 1948
  3. The Employees Provident Fund and Miscellaneous Provisions Act, 1952
  4. The Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959
  5. The Maternity Benefit Act, 1961
  6. The Payment of Gratuity Act, 1972
  7. The Cine Workers Welfare Fund Act, 1981
  8. The Building and Other Construction Workers Welfare Cess Act, 1996
  9. The Unorganised Workers’ Social Security Act, 2008

Total

29
  • 12 Labour Acts already repealed since 2014

Elaborating the benefits of the new labour codes,  Shri Gangwar informed the House that the entire work force of the country will now be entitled for obtaining benefits under different codes.  Minister mentioned the salient features of the 3 Codes which were passed by the Lok Sabha, as under :-

Social Security Code, 2020

Extending the reach of ESIC: Effort have been made to provide right to health security under ESIC to maximum possible workers:-

  1. The facility of ESIC would now be provided in all 740 districts. At present, this facility is being given in 566 districts only.
  2. Establishments working in hazardous sectors would mandatorily be linked with ESIC, even if there is only one worker working in it.
  3. Provision for making scheme for linking unorganised sector and Gig workers with ESIC.
  4. Option to link workers working in Plantations is being given to Plantation owners.
  5. Option for becoming member of ESIC is also being given to establishments with less than 10 workers.

Extending the reach of EPFO :

  1. EPFO’s coverage would be applicable on all establishments having 20 workers. At present, it was applicable only on establishments included in the Schedule.
  2. Option to join EPFO is also being given to establishments having less than 20 workers.
  3. Schemes would be formulated for bringing workers coming under the category of ‘Self-employed’ or falling under any other category under the aegis of EPFO.
  • Provision has been made to formulate various schemes for providing comprehensive social security to workers in unorganised sector. A “Social Security Fund” will be created on the financial side in order to implement these schemes.
  • Work to bring newer forms of employment created with the changing technology like “platform worker or gig worker” into the ambit of social security has been done in the Social Security Code. India is one of the few countries where this unprecedented step to bring workers in this category under social security has been taken.
  • Provision for Gratuity has been made for Fixed Term Employee and there would not be any condition for minimum service period for this. For the first time, a Fixed Term Employee working for a determined period on contract has been given the right of social security like a Regular Employee.
  • With the aim of making a national database for unorganised sector workers, registration of all these workers would be done on an online portal and this registration would be done on the basis of Self Certification through a simple procedure. It would facilitate the extension of benefits of various social security schemes to beneficiaries in the unorganised sector. We can say that we would be able to get ‘Targeted Delivery” of social security done to unorganised sector workers with the help of this database.
  • The most important thing for getting employment is the information about job vacancies. With this aim, it has been made mandatory for all establishments with 20 or more workers to report the vacancy position in their establishments. This information would be given on online portal.

Occupational Safety, Health & Working Conditions Code, 2020

  • Free health checkup once a year by the employer for workers which are more than a certain age.
  • Legal right for getting Appointment Letter given to workers for the first time.
  • Cine Workers have been designated as Audio Visual Worker, so that more and more workers get covered under the OSH code. Earlier, this security was being given to artists working in films only.

Industrial Relations Code, 2020

Efforts made by the Government for quickly resolving disputes of the workers :

  1. Provision for two members instead of one member in the Industrial Tribunal. In case of absence of one member, work can still be undertaken smoothly.
  2. Provision for taking the matter straight to the Tribunal in case the dispute is not resolved at conciliation stage. At present, the case is referred to the Tribunal by the appropriate Government.
  3. Implementation of award in 30 days  after Tribunal award.
  4. After recognition of Fixed Term Employment, workers will get the option of Fixed Term Employment instead of contract labour. Under this, they would get benefits of hours of work, salary, social security and other welfare benefits like a Regular Employee.
  5. With the objective of better and effective participation of Trade Unions, a provision for “Negotiating Union” and “Negotiating Council” has been made for undertaking negotiation on any dispute. With conferring of this recognition, resolving disputes through dialogue would be facilitated and workers would be better able to get their rights.
  6. Arrangement for going to the Tribunal has been made for resolving disputes arising between Trade Unions. Less time would be required for resolving their disputes.
  7. Provision has been made for giving recognition to Trade Unions at Central and State level. This recognition has been given in the labour laws for the first time and after this recognition, Trade Unions would be able to contribute more affirmatively and more effectively at the Central and State level.
  8. Provision for RE-Skilling fund has been made in the law for the first time. Its aim would be to re-skill those workers who have been fired from their jobs, so that they are easily able to get employment again. For this, workers would be given 15 days salary within a period of 45 days.                                                                                                         

Shri Gangwar said we have extended the definition of migrant workers, so that migrant workers moving from one state to another on their own and migrant workers who have been appointed by the employer from a different state can also be brought under the ambit of OSH code. At present, only migrant workers who had been brought through the contractor were benefiting from these provisions. The Minister also elaborated following benefits of the Labour Codes :

  • Compulsory facility for Helpline for redressal of problems of migrant workers.
  • Making a national database of migrant workers.
  • Provision for accumulation of one day leave for every 20 days worked, when work has been done for 180 days instead of 240 days.
  • Equality for women in every sphere : Women have to be permitted to work in every sector at night, but it has to be ensured that provision for their security is made by the employer and consent of women is taken before they work at night.
  • In the event of death of a worker or injury to a worker due to an accident at his workplace, atleast 50 % share of the penalty would be given. This amount would be in addition to Employees Compensation.
  • Provision of “Social Security Fund” for 40 Crore unorganized workers alongwith GIG and platform workers and will help Universal Social Security coverage
  • Pay parity to women workers as compared to their male counterparts.
  • Occupational Safety & Health Code to also can now over cover workers from IT and Service Sector.
  • 14 days' notice for Strike so that in this period amicable solution comes out.
  • Vibrant mechanism proposed for speedier disposal by Labour Tribunals as “Justice delayed is Justice denied”.
  • The Codes to Promote Harmonious Industrial Relations for higher productivity and more employment generation.
  • Labour Codes to stablish transparent, answerable and simple mechanism reducing registration requirement to just one from eight; need of licence also to just one from three four under different laws earlier.
  •  Inspector to be now made as Inspector – cum- Facilitator and introduction of Random, Web Based Inspection System to remove to Inspector Raj.
  •  Penalties increase manifold; to act as deterrent. 

Shri Gangwar also stressed that the changes and reforms in the labour laws have been conceptualized keeping in mind the changing scenario over the years and also making them futuristic so that country marches on faster growth trajectory. With these the peaceful and harmonious industrial relations will be promoted in the country which in turn will lead to growth of industry, employment, income, balanced regional development and will bring more disposal income in the hands of workers. Shri Gangwar further pointed out  these path breaking reforms in the country will help our country to attract the Foreign Direct Investment and also domestic investment from the entrepreneurs and will end ‘inspector raj’ in the country and will bring total transparency in the system. “India will become favourite investment destination in the world” he added.    

14-Sep-2020: English rendering of PM's remarks on election of Shri Harivansh Narayan Singh as Deputy Chairman of Rajya Sabha

I congratulate Shri Harivanshji on behalf of the entire House and all the countrymen for his election as deputy chairman of this House for the second time.

I have a lot of respect for Harivanshji in my heart for the way he has carved his honest image in the world of social work and journalism. I feel that the people who know him closely have the same respect and warmth that I have for him; and so does every member of the House. Harivanshji has himself earned this respect and affinity.  It is also natural given his style of working and the manner in which he conducts the House proceedings. Your impartial role in the House strengthens democracy.

Mr. Chairman Sir, this time the proceedings of the House is being conducted in extreme circumstances that were never seen before. It is the duty of all of us that in the prevailing circumstances due to Corona, this House functions and fulfils its important obligations towards the country. I am confident that we will discharge our duties by ensuring all precautions and guidelines.

Mr. Chairman, the more cooperation the Rajya Sabha members extend to the Deputy Chairman in running the House smoothly, there will be more utilization of time and everybody will be safe.

Mr. Chairman Sir, Harivanshji has lived up to the trust at every level that we had reposed in him for the responsibility of the Upper House of Parliament. In my last address, I had said that I have firm belief that as the God is for everybody, similarly, the House’s God will also be there for the ruling as well as opposition members. The god of our House, Harivanshji, should remain unbiased to everybody without any discrimination, and he should not be party to either ruling or opposition.

I had also said that the umpires are more troubled than the players in this field of the House. It is very challenging to force the parliamentarians to play according to the rules. I had full faith that he would be a better umpire, but Harivanshji has won the trust of those who were not well acquainted with him through his decisiveness and decisions.

Mr. Chairman Sir, these two years are proof how Harivanshji has discharged his responsibility successfully. Harivanshji operated the House efficiently by organizing in-depth discussions on the important legislations and getting the bills passed quickly by sitting for hours. During this time, many historic bills regarding the country’s future were passed in this House. In the last year itself, this House has created a record of maximum productivity in 10 years. And that too, when Lok Sabha elections were underway last year!

It is a matter of pride for every member that there has been more positivity along with productivity. Everybody could put forth his views openly. Concerted efforts have been noticed so that the work of the House is not disrupted. It has also enhanced the dignity of the House. This was also the aspiration of Constitution makers from the Upper House. Harivanshji has shown how a torchbearer of democracy who comes from Bihar, a land known for its democratic ethos, and also the land of JP and Karpuri Thakur and Bapu’s Champaran, comes forward and discharges his responsibilities.

When you discuss about Harivanshji with his close associates, then one comes to know why he is so grounded. His early education happened in a makeshift school under a neem tree in his village. It is the upbringing of his education that he could relate himself to the ground realities.

We all know very well that Harivanshji comes from Sitab Diyara village, which belonged to Jayaprakashji. This village is the birthplace of Jayaprakashji. Every year, Diyara, divided between two rivers, the Ganges and the Ghagra, and between the two states of Uttar Pradesh and Bihar’s three district Arrah, Ballia, Chhapra, would become an island as it used to be flooded.  Barely, one crop could be cultivated. The only way to go anywhere was by crossing the river on boat.

Harivanshji received the practical knowledge that contentment is satisfaction from the prevailing conditions at his village home. Once, somebody told me an incident about his background. Harivanshji needed shoes for the first time when he reached High School. He did not have shoes, as he had never bought. So, a person who used to make shoes in the village was asked to prepare shoes for Harivanshji. Harivanshji would often visit him to see the progress of the shoe. Like a rich man visits his bungalow frequently to see its progress, Harivanshji would also go there quite often to monitor the progress of the shoes. Every day, he would ask the cobbler by when his shoes would be ready. You can imagine why Harivanshji is so grounded.

He was deeply influenced by JP. During that time, his love for books also grew up. I got to know of an incident related to that. When Harivanshji received the government scholarship for the first time, some members of his family had hoped that he would bring the entire scholarship money home. Instead of bringing the scholarship money home, Harivanshji spent the entire money on books. He brought home several books, including autobiographies and literature. Since then, Harivanshji’s love for books remains intact.

Mr. Chairman Sir, Harivanshji made an entry to Parliament in 2014 after nearly four decades of journalism of social issues. The way Harivanshji maintained the propriety as the deputy chairperson of the House, his tenure as a parliamentarian has been equally graceful. As a member, Harivanshji put forth his views, be it on economy or strategic security, in a very effective manner.

We all know that he has made a mark by putting his views gracefully. He has made every effort to serve the nation with his knowledge and experience as a member of the House. Harivanshji has also worked to enhance India's dignity and stature at all international forums, whether it is the numerous sittings of Inter-Parliamentary Union, or his responsibility as a member of the Indian cultural delegations in other countries. Harivanshji has enhanced the dignity of India and the country’s parliament at all such places.

Mr. Chairman Sir, besides being the deputy chairman of the House, Harivanshji has been chairman of several committees of Rajya Sabha. As chairman of several such committees, Harivanshji has improved the functioning of the committees and effectively highlighted their role.

I had also said last time that Harivanshji has always been on a mission as to what should be the conduct of a parliamentarian being a journalist. After becoming a parliamentarian, he made a lot of efforts to make all MPs more conscientious in their conduct.

Mr. Chairman Sir, Harivanshji is equally active as an intellectual and thinker along with his parliamentary business and responsibilities. He still visits places in the country. He creates awareness among common people regarding India’s economic, social, strategic and political challenges. The journalist and writer in him is still intact. His book closely highlights the life of our former Prime Minister Shri Chandrashekharji, and also demonstrates Harivanshji’s writing prowess. I and all the members of this House are fortunate that we will continue to be guided by Harivanshji as a deputy chairperson.

Respected Chairman, this Upper House of Parliament has embarked on a journey by holding more than 250 sessions. This journey is proof of our mature democracy. Once again, many best wishes to Harivanshji for this important and huge responsibility. You remain healthy and discharge your duties according to the expectations of the Upper House by maintaining a healthy atmosphere. My best wishes to Manoj Jhaji also for giving a challenge to Harivanshji. The process of election is also important for the dignity of democracy. Our Bihar has been the land of democratic ethos. I am confident that Harivanshji will enhance the tradition of Vaishali, the glory of Bihar, and the ideals through this House.

I thank all the honourable members of the House for taking part in this election process. Once again, many congratulations to Harivanshji and all the members.

Thanks!

13-Sep-2020: The Monsoon session 2020 of Parliament begins tomorrow on September 14

The Monsson session 2020 of Parliament will begin from Monday, on September 14, 2020. The fourth session of  17th Lok Sabha and 252nd  Session of Rajya Sabha is scheduled to be held on Monday, 14th September, 2020 and subject to exigencies of Government Business, may conclude on Thursday, 1st October, 2020.

The Session will provide a total of 18 sittings spread over a period of 18 days (all the days including Saturdays and Sundays of the ensuing session will be working days) and a total of 47* items have been identified for being taken up during the Monsoon Session, 2020. (*Includes 45 Bills and 02 financial items).

The total eleven Bills replacing  the ordinance namely: (i)The Farmers’ Produce Trade and Commerce (Promotion and Facilitation) Bill, 2020. (ii) The Farmers (Empowerment and Protection) Agreement on Prices Assurance and Farm Services Bill, 2020.(iii) The Homoeopathy Central Council (Amendment) Bill, 2020. (iv) The Indian Medicine Central Council (Amendment) Bill, 2020. (v) The Essential Commodities (Amendment) Bill, 2020.(vi) The Insolvency & Bankruptcy (Second) Amendment Bill, 2020 ( vii) The Banking Regulation (Amendment) Bill, 2020. (viii) The Taxation and Other Laws (Relaxation of Certain Provisions) Bill, 2020 (ix)The Epidemic Diseases (Amendment) Bill, 2020 (x) The Salary and Allowances of Ministers (Amendment) Bill, 2020 (xi) The Salary, Allowances and Pension of Members of Parliament (Amendment) Bill, 2020 are required to be passed during the ensuing Monsoon Session.

Further, some important pending legislations in the Houses required to be considered and passed during the Session are (i) The Pesticides Management Bill, 2020. (ii) The National Commission for Indian System of Medicine (NCIM) Bill, 2019 as passed by Rajya Sabha.(iii)The National Commission for Homoeopathy (NCH) Bill, 2019as passed by Rajya Sabha.(iv)The Institute of Teaching and Research in Ayurveda Bill, 2020 as passed by Lok Sabha.(v) The Aircraft (Amendment) Bill, 2020 as passed by Lok Sabha. (vi) The Companies (Amendment) Bill, 2020 (vii) The Medical Termination of Pregnancy (Amendment) Bill, 2020 as passed by Lok Sabha.(viii)The Surrogacy (Regulation) Bill, 2020 as passed by Lok Sabha.(ix)The Rashtriya Raksha  University Bill, 2020(x) The National Forensic Science University Bill, 2020. (xi) The Indian Institutes of Information Technology Laws (Amendment) Bill, 2020 as passed by Lok Sabha (xii)The Inter-State River Water Disputes (Amendment), Bill, 2019 as passed by Lok Sabha.(xiii)The Dam Safety Bill, 2019 as passed by Lok Sabha.(xiv)The Major Port Authorities  Bill 2020 (xv) The Code On Social Security and Welfare, 2019 (xvi) The Occupational Safety, Health And Working Conditions Code, 2019 (xvii) The Industrial Relations Code Bill, 2019

Some other new bills likely to be introduced, considered and passed  during this session are: (i) The Bilateral Netting of Financial Contracts Bill, 2020 (ii) The Factoring Regulation (Amendment) Bill, 2020 (iii) The Pension Fund Regulatory And Development Authority (Amendment) Bill, 2020 (iv) The National Commission for Allied and Healthcare Professions Bill, 2020 (v) The Assisted Reproductive Technology (Regulation) Bill, 2020.(vi) The Government of National Capital Territory of Delhi (Amendment) Bill, 2020 (vii) The Foreign Contribution (Regulation)Amendment Bill, 2020(viii) The Representation of People (Amendment) Bill, 2020 (ix) The Prohibition of Employment as manual Scavengers and their Rehabilitation (Amendment) Bill, 2020 (x) The Juvenile Justice (Care and Protection of Children) Amendment Bill, 2020.(xi) The Multi State Cooperative Societies (Amendment) Bill, 2020 (xii) The Jammu and Kashmir Official Language, Bill, 2020.

There are few bills for withdrawal during the session namely: (i) The Allied and Healthcare Professions Bill, 2018 (ii) The Mines (Amendment) Bill, 2011 (iii) The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Amendment Bill, 2011(iv)The Building and Other Construction Workers Related Laws (Amendment) Bill, 2013(v)The Employment Exchanges (Compulsory Notification of Vacancies) Amendment Bill, 2013. 

This will be the first Parliament session being held amid the  Covid-19 pandemic. Therefore all safety measures have been taken to conduct the session as per guidelines issued for Covid-19.

There will be a four-hour session for each House each day (9 am to 1 pm for Rajya Sabha and 3 pm to 7 pm for Lok Sabha. But on the first day only i.e. on 14th September of the Lok Sabha will meet in the morning session. The session will see other  measures like  seating MPs in a staggered way in chambers of both Houses, as well as galleries to maintain physical distancing norms, introduction of mobile app for registering of MPs’ attendance and seats separated with poly-carbon sheets in the House.

The Zero Hour will be there and the un-starred questions will be laid on the table.

  1. Department of Social Justice & Empowerment
  2. Indian Association of Parliamentarians for Population and Development (IAPPD)
  3. Technology Group
  4. Displaced Persons (DP) of Jammu & Kashmir
  5. Parliamentary reforms
  6. Assam Accord