Recent initiatives on labour reform in India

byINDIA CSR NETWORK

Year End Review- 2019: Ministry of Labour and Employment of India Govt. More than 39 Lakhs Beneficiaries Enrolled In PM-SYM and more than 20,000 in NPS- Traders.

NEW DELHI: Ministry of Labour and Employment has taken a number of initiatives for bringing transparency and accountability through reforms and enforcement of Labour Laws, with the objective of strengthening the safety, security, health, social security for every worker and bringing ease of compliance for running an establishment to catalyze creation of employment opportunities.

These initiatives include governance reforms through use of e-governance measures and legislative reforms by simplifying, amalgamating and rationalizing the existing labour laws into 4 labour codes.

Two mega pension schemes were launched during the year for old age protection and social security of unorganized workers.

LEGISLATIVE INITIATIVES: LABOUR LAW REFORMS

Labour Codes: As per the recommendations of the 2nd National Commission on Labour, Ministry has taken steps for codification of existing Central labour laws into 4 Codes by simplifying, amalgamating and rationalizing the relevant provisions of the Central Labour laws. At present, the Ministry has been working on to simplify, amalgamate & rationalize the provisions of the existing Central labour laws into 4 Labour Codes.

(I) Labour Code on Wages: The Code on Wages, 2019 subsumes 4 existing Laws, viz. the Minimum Wages Act, 1948; the Payment of Wages Act, 1936; the Payment of Bonus Act, 1965; and the Equal Remuneration Act, 1976. It has been passed by both Houses of the Parliament and assented to by the President on 08.08.2019.

(II) Labour Code on Industrial Relations: The draft Labour Code on Industrial Relations subsumes the existing Laws viz. The Trade Union Act, 1926; The Industrial Employment (Standing Orders) Act, 1946; The Industrial Disputes Act, 1947. The Code has been introduced in the Lok Sabha on 28.11.2019.

(III) Labour Code on Social Security & Welfare: The draft Code on Social Security subsumes 09 Labour Acts like: The Employees’ Compensation Act, 1923, The Maternity Benefit Act, 1961, The Payment of Gratuity Act, 1972, The Unorganized Workers’ Social Security Act, 2008 etc.

The Code has been introduced in Lok Sabha on December 11, 2019.

(IV) Labour Code on Occupational Safety, Health & Working Conditions: The Occupational Safety, Health & Working Conditions Code, 2019 subsumes the 13 Labour Acts like: The Factories Act, 1948, The Plantation Labour Act, 1951, The Mines Act, 1952, The Building and Other Constructions Workers’ (Regulation of Employment and Conditions of Service) Act, 1996 etc.

The Occupational Safety Health & Working Conditions Code, 2019 was introduced in the Lok Sabha on 23.07.2019. Presently, the Code has been referred to the Parliamentary Standing Committee on Labour for examination.

GOVERNANCE REFORMS THROUGH TECHNOLOGY

Shram Suvidha Portal

The Ministry of Labour & Employment has developed a unified Web Portal ‘Shram Suvidha Portal’, to bring transparency and accountability in enforcement of labour laws and ease complexity of compliance.

Allotment of unique Labour Identification Number (LIN) to Units after registration to facilitate online inspection & compliance was started on the Portal with its launch on 16.10.2014 itself. Unique Labour Identification Number (LIN) has been allotted to 27,81,065 units as on 08.11.2019.

Transparent Labour Inspection Scheme in Central Sphere was started on the Portal with its launch on 16.10.2014 itself. Since the launch of the Labour Inspection Scheme, 5,24,189 inspection reports across the four Central Labour Enforcement Agencies have been uploaded on Shram Suvidha Portal.

ONLINE RETURN – Unified Online Annual Returns have been made mandatory in respect of eight (8) Central Labour Acts, namely, the Payment of Wages Act, 1936, the Minimum Wages Act, 1948, the Maternity Benefit Act, 1961, the Payment of Bonus Act, 1965, the Industrial Disputes Act, 1947.the Contract Labour (Regulation and Abolition) Act, 1970, the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979, and the Building and Other Construction Workers (Regulation of Employment and Condition of Service) (BOCW) Act, 1996. These Returns which were half yearly/annually earlier, now need to be filed by all employers annually only and are to be filed online.

1,08,711 online returns have been filed on the Shram Suvidha Portal as on 08.11.2019 Since launch of the Online Annual Return.

31,047 online returns have been filed on the Shram Suvidha Portal till November 08, 2019 under Mines Act, 1952 (Coal Mines Regulations, Metallurgical Mines Regulations and Oil Mines Regulations).

Unified monthly Electronic Challan-cum-Return (ECR) for EPFO and ESIC has been made operational.

COMMON REGISTRATION

Common Registration form for EPFO and ESIC has been made operational. 1,27,544 units have been registered with EPFO & 1,07,681 units have been registered with ESIC as on November 08, 2019.

Common Registration under three Central Acts namely the Building and Other Construction Workers (Regulation of Employment and Condition of Service) Act, 1996, the Inter-State Migrant Workmen (Regulation of Employment and conditions of Service) Act, 1979 and the Contract Labour (Regulation and Abolition) Act, 1970 is being provided online on Shram Suvidha Portal. 6052 registrations have been issued using this facility as on 08.11.2019.

Licenses under two Central Acts, namely, the, Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 and the Contract Labour (Regulation and Abolition) Act, 1970 have been made online. 20,316 licenses have been issued using this facility as on 08.11.2019.

State Integration

Integration of States with Shram Suvidha Portal is under way. As on date, Haryana, Gujarat, Rajasthan, Uttar Pradesh, Madhya Pradesh, Maharashtra, Punjab, Uttarakhand and Delhi are being integrated with the Portal. Data is being shared and LIN is being allotted to the establishments covered by the state labour enforcement agencies.

Start Up India

Facility for exemption from Labour Inspections under six (6) Central Labour Acts is being provided to the Start-ups which submit self certified declarations through Shram Suvidha Portal.

State/UT Governments have been advised to regulate the inspections for the Start-Ups, wherever applicable and extend the self-certification compliance regime from 3 years to 5 years.

27 States/UTs have taken action on the advisory dated 12.01.2016 /06.04.2017 issued by this Ministry for self-certification and to regulate inspection under the four (4) labour laws viz. the Building & Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996, the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979, the Payment of Gratuity Act, 1972 and the Contract Labour (Regulation and Abolition) Act, 1970 for the start-ups wherever applicable.

Social Security Schemes

Government of India has launched two pension schemes for old age protection and social security of Unorganised Workers in 2019.

Pradhan Mantri Shram Yogi Maan-dhan (PM-SYM), a voluntary and contributory pension scheme, was launched in February, 2019 for the benefit of unorganized workers.

It is central sector scheme open to unorganised workers, whose monthly income is Rs.15000/- or below and who has an Aadhar number as well as savings bank / jan-dhan account. The minimum age for joining the scheme is 18 years and the maximum is 40 years.

Under the scheme, minimum assured monthly pension of Rs.3000/- will be provided to the beneficiaries from the age of 60 years onwards. Enrolment to the Scheme is done through the Common Service Centres, with its network of 3.50 lakh Centres across the country.

In addition eligible persons can also self-enroll through visiting the portal www.maandhan.in. Under the scheme, the subscriber is required to pay the prescribed monthly contribution amount and the Central Government provides equal contribution.

Life Insurance Corporation of India (LIC) is the Pension Fund Manager and shall be responsible for pension pay-out. Total number of 39,00,525 beneficiaries under PM-SYM have been enrolled as on 10.12.2019.

National Pension Scheme for Traders, Shopkeepers and Self-Employed Persons has been launched on 12.09.2019. It is a voluntary and contributory pension scheme. Enrolment to the Scheme is done through the Common Service Centres, with its network of 3.50 lakh Centres across the country. In addition eligible persons can also self-enroll through visiting the portal www.maandhan.in.

The traders in the age group of 18-40 years with an annual turnover, not exceeding Rs.1.5 crore and who are not a member of EPFO/ESIC/NPS/PM-SYM or an income tax payer, can join the scheme. Under the scheme, 50% monthly contribution is payable by the beneficiary and equal matching contribution is paid by the Central Government.

Subscribers, after attaining the age of 60 years, are eligible for a monthly minimum assured pension of Rs.3,000/-. Total number of 20,000 beneficiaries under NPS-Traders have been enrolled as on 10.122019.

Pension Week was also celebrated in all the States/UTs w.e.f. 30th November to 06th December, 2019 in coordination with Common Service Centres, to increase the enrolments under both the Schemes, i.e. PM-SYM and NPS-Traders. A Central level function was inaugurated on 30.11.2019 by Minister for Labour and Employment launching the Pension Week/Pension Saptah.

All the State Governments/UT Governments were requested for popularizing and bringing more awareness about the scheme. The progress of the Scheme is being reviewed regularly in the Ministry for taking initiatives under Mission Mode.

Categories: News

Leave a Reply

Your email address will not be published. Required fields are marked *