Dear friends,
I am attaching a copy of the draft Labour Policy 2010 formulated by the Government of Maharashtra for the first time and released for public comments for your information.
Regards,
P C Agrawal
Aurangabad, Maharashtra
From India, Malappuram
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1446I am attaching a copy of the draft Labour Policy 2010 formulated by the Government of Maharashtra for the first time and released for public comments for your information.
Regards,
P C Agrawal
Aurangabad, Maharashtra
From India, Malappuram
Acknowledge(0)Amend(0)
Dear Mr. PC Agrawal,
Thank you for sharing the Draft Labour Policy.
The 42-page document is more rhetoric and less on results. The harassment of labor is due to the non-implementation of scores of labor laws. The policy does not address how the Government of Maharashtra will:
a) Speed up cases in the labor court.
b) Make staff of ESI health centers more accountable. (The primary issue is the unavailability of staff; ESI funds remain idle in the government's coffers.)
c) Monitor the implementation of Grievance Redressal under the provisions of the new ID Act 2010.
The policy document does not offer anything new; instead, it gives the appearance of a joint declaration between the two heads of states.
Thank you,
Dinesh V Divekar
From India, Bangalore
Acknowledge(0)Amend(0)
Thank you for sharing the Draft Labour Policy.
The 42-page document is more rhetoric and less on results. The harassment of labor is due to the non-implementation of scores of labor laws. The policy does not address how the Government of Maharashtra will:
a) Speed up cases in the labor court.
b) Make staff of ESI health centers more accountable. (The primary issue is the unavailability of staff; ESI funds remain idle in the government's coffers.)
c) Monitor the implementation of Grievance Redressal under the provisions of the new ID Act 2010.
The policy document does not offer anything new; instead, it gives the appearance of a joint declaration between the two heads of states.
Thank you,
Dinesh V Divekar
From India, Bangalore
Acknowledge(0)Amend(0)
Dear All,
The portion of Maharashtra Govt's Draft Labour Policy on Contract Labour is impressive, reading as follows:
Contract Labour
The issue of contract labour is one on which employers and unions are strongly divided. Employers see contract labour as an essential component of labour market flexibility that will contribute to economic efficiency and competitiveness. Trade unions see contract labour as a form of exploitation and a means to deny workers permanent jobs.
Contract labour must be distinguished from outsourcing of tasks to particular entities for cleaning and security services, computer technology expertise, and consultancy services. These are commercial contracts for service between the user and service provider and fall outside the scope of labour legislation. The provider entity, however, is an employer and thus is required to comply with all appropriate labour laws.
Outsourcing and commercial contracts are not the real issue. The real issue is the employment of labour, under contract, for specific durations or specific tasks as a means of cost-cutting, or to provide flexibility, or as a substitute for jobs that would normally be regular and permanent.
The Department of Labour proposes to facilitate discussions with the social partners on the issue of contract labour with a view to deciding on a model that provides both fairness and flexibility. This may involve some discussion on possible amendments of existing laws, for example, preventing employers from using lower-cost contract labour as a substitute for permanent workers, and paying a loading to contract workers to compensate for their loss of benefits including leave and access to social security. It might also consider whether the current system of contracting agents as the employers of contract workers, as distinct from the direct employment of such workers by the principal employer, is in the best interests of workers and employers.
The productivity of contract workers is also an issue for tripartite discussions. The Department of Labour, through discussions with social partners as mentioned above, would like to evolve models and/or structures through which a win-win situation can be developed, both for the employers and the workers in a globalized scenario. The win-win situation could be developed if the employer is given flexibility to engage labour and the labour is ensured protection of rights. One such proposal could also be to engage contract labour with a loading factor as a premium for flexibility.
It is also suggested that in order to develop a long-term solution on contract labour and develop models to meet the twin concerns of flexibility to industry and fairness to labour, it may be necessary to go through a transition phase in which the first step could be to study the present labour laws and their actual implementation to identify what is incentivizing contract labour and disguised employment. It would also be necessary to define fairness in terms of "equal treatment." What is "equal treatment" would also have to be agreed upon more specifically between all social partners in a clear-cut manner.
Further, there would be a need to work out solutions along with changes in law if required, which would further the objective to reach towards the end goal of increased productivity in a situation of 'flexibility' and 'fairness' as defined by 'equal treatment.'
We are optimistic to see how far the above is translated into law.
With Regards,
Advocates & Notaries & Legal Consultants [HR]
Email: rajanassociates@eth.net
Mobile: 9025792684-9025792634
From India, Bangalore
Acknowledge(0)Amend(0)
The portion of Maharashtra Govt's Draft Labour Policy on Contract Labour is impressive, reading as follows:
Contract Labour
The issue of contract labour is one on which employers and unions are strongly divided. Employers see contract labour as an essential component of labour market flexibility that will contribute to economic efficiency and competitiveness. Trade unions see contract labour as a form of exploitation and a means to deny workers permanent jobs.
Contract labour must be distinguished from outsourcing of tasks to particular entities for cleaning and security services, computer technology expertise, and consultancy services. These are commercial contracts for service between the user and service provider and fall outside the scope of labour legislation. The provider entity, however, is an employer and thus is required to comply with all appropriate labour laws.
Outsourcing and commercial contracts are not the real issue. The real issue is the employment of labour, under contract, for specific durations or specific tasks as a means of cost-cutting, or to provide flexibility, or as a substitute for jobs that would normally be regular and permanent.
The Department of Labour proposes to facilitate discussions with the social partners on the issue of contract labour with a view to deciding on a model that provides both fairness and flexibility. This may involve some discussion on possible amendments of existing laws, for example, preventing employers from using lower-cost contract labour as a substitute for permanent workers, and paying a loading to contract workers to compensate for their loss of benefits including leave and access to social security. It might also consider whether the current system of contracting agents as the employers of contract workers, as distinct from the direct employment of such workers by the principal employer, is in the best interests of workers and employers.
The productivity of contract workers is also an issue for tripartite discussions. The Department of Labour, through discussions with social partners as mentioned above, would like to evolve models and/or structures through which a win-win situation can be developed, both for the employers and the workers in a globalized scenario. The win-win situation could be developed if the employer is given flexibility to engage labour and the labour is ensured protection of rights. One such proposal could also be to engage contract labour with a loading factor as a premium for flexibility.
It is also suggested that in order to develop a long-term solution on contract labour and develop models to meet the twin concerns of flexibility to industry and fairness to labour, it may be necessary to go through a transition phase in which the first step could be to study the present labour laws and their actual implementation to identify what is incentivizing contract labour and disguised employment. It would also be necessary to define fairness in terms of "equal treatment." What is "equal treatment" would also have to be agreed upon more specifically between all social partners in a clear-cut manner.
Further, there would be a need to work out solutions along with changes in law if required, which would further the objective to reach towards the end goal of increased productivity in a situation of 'flexibility' and 'fairness' as defined by 'equal treatment.'
We are optimistic to see how far the above is translated into law.
With Regards,
Advocates & Notaries & Legal Consultants [HR]
Email: rajanassociates@eth.net
Mobile: 9025792684-9025792634
From India, Bangalore
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