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Asia Monitor Resource Centre
•Collective bargaining is actually a struggle for building a democratic and civilized society •We can not imagine a civilized society without independent sectional organizations and political parties representing the overall socioeconomic-political interests of the masses
• Whenever capitalist development moved forward at extraordinarily speedy rate. an all-round attack on right to organizes and collective bargaining .state acting as corporate agent to remove all barriers for capital accumulation and mobility of capital • Therefore suddenly in almost all the third world countries. most autocratic regimes ruled the states • Seems most of the third world countries have entered in a similar phase • Liberalization and Globalisation means.
7 million • self-employed (63%). 3% formal sector • T.0 million • 70.5 million) about 30% of it represented by agricultural workers • Union density in India only 8 percent .6 million. Employment: 396 million in 2000 to 456 million in 2005) • Informal sector: 393.6 million to 35. regular wage workers (17%) and casual 20 % • Formal sector employment increased from 54. but formal employment increased only from 33.000 registered unions (politically affiliated and independent) and non-registered organizations • Total verified membership about 2.Structure of Work force • > 97 % enterprises in informal sector.2 million (86 percent)--Agriculture: 251.9 to 62.5 crore (25.
dispensary. rest room: if 150 or more workers. 1948---10 or more workers (Crèche: if 30 or more women. 1966. • Mines Act. Working Journalists (Conditions of Service) and Miscellaneous Provisions Act 1955. ambulance. canteen: if 250 or more workers. Plantation Labour Act 1951.Labour Legislations in India 1. Sales promotion Employees (Conditions of Service) Act 1976. and medical and paramedical staff: if 500 or more workers). Laws for regulating Conditions of Service • The Factories Act. Apprentices Act 1961. Building and Other Construction Workers Act 1995. Beedi and Cigar Workers (Conditions of Employment) Act. Inter State Migrant Workmen (Regulation of Employment and Conditions of Service) Act 1979 • Weekly Holidays Act 1942 • Contract Labour (Regulation) Act 1970 • Shops and Establishment Acts of various States (establishments not registered under Factories Act) . 1952. Motor Transport Workers Act 1961.
Labour Legislations in India 2. Labour Relations Laws • a) Trades Union Act. Wage Laws: • Minimum Wage Act 1948 (all workers) • Payment of Wages Act 1936. 1947 (Procedural aspects to all workers. Labour Laws regarding Human Rights: • Child Labour (Prohibition and regulation) Act 1986. (20 or more workers. 1946: (100 or more workers----in some states 50 or more. The Children (Pledging of Labour) Act. < Rs 3500 pm) 4. Bonded Labour System (Abolition) Act 1976 • Equal Remuneration Act 1976. < Rs 1600 pm) • Payment of Bonus Act 1965. VA: 50 or more workers) • c) Industrial Employment (Standing Orders) Act. 1926 (7 or more workers) • b) Industrial Disputes Act. only in UP-10 or more) 3. Chapter V B: 100 or more workers. . (10 or more workers.
Scheme for protection during maternity. National Family Benefit Scheme.Labour Legislations in India 5.) . medical insurance schemes etc. Social Security Laws: • Employees’ Provident and Miscellaneous Provisions Act 1952: (if 10 or more workers) • Employees’ State Insurance Act 1948: (20 or more workers) • Maternity Benefit Act 1961 (if 10 or more workers) • Payment Gratuity Act 1972 (if 10 or more workers) • Workmen’s Compensation Act 1923 (all workers) • Unorganized Workers Social Security Act 2008 : (unorganized workers below poverty line)(National Old Age Pension Scheme.
Legal Boundaries for Collective Bargaining • No ratification of ILO conventions-C-87 and C-98 • Limited scope and coverage of R2A and CB with in legal boundaries of TU Act and ID Act • TU Act and ID Act silent on the issue of recognition of trade unions .
arbitration and court proceedings • TU activities granted immunity from the applicability of CRPC but not in case of illegal strikes . • section 22 : In Public Utility Services---strike notice of 6 weeks • Section 23: Prohibition of strikes during the pendency of conciliation. • Section 10k: can be imposed to prohibit strikes or Lockouts.Legal Boundaries for Collective Bargaining • Right to strike is not a fundamental right but a legal right governed by Industrial Disputes Act 1947.
CTUOs in India • BMS .Self-Employed Women's Association (independent)—recently listed • LPF.All-India Central Council of Trade Unions (CPI-ML-liberation)recently listed • INTTUC-Indian National Trinmool Trade Union Congress (All India Trinmool Congress)-recently listed .Centre of Indian Trade Unions (CPI-M) members: 2.members: 3.8 million • AITUC .United Trade Union Congress (Lenin Sarani) (SUCI) • UTUC .All India Trade Union Congress (CPI). members: 3.Bharatiya Mazdoor Sangh (far right political party BJP)members: 6 million • INTUC .Hind Mazdoor Sabha (independent-socialist) -members: 3.Labour Progressive Front (DMK)—recently listed • ICCTU.United Trade Union Congress (Revolutionary Socialist Party) • TUCC .3 million • HMS .6 million • UTUC (LS) .Indian National Trade Union Congress (Congress Party).Trade Unions co-ordination Centre (All India Forward Block) • SEWA.2 million • CITU .
170000 employees were dismissed-lastly reduced to 6074 . whichever is less. of outsiders • Banning the Strikes by using ESMA • TN-ESMA in 2003: imposed on general strike of government and public sector employees.Further Shrinking the Space for Collective Bargaining Amending the Trade union Act • 10% or 100. subject to a minimum of 7 workmen members for registration—limiting no.
Calcutta High Court delivered similar decision Making SEZs and NMIZs Immune to Trade Union Actions • All SEZs and NIMZs declared as public utility services • Amendments proposed: applicability of protective sections of ID Act and CL Act. Order of HC Kerala upheld by SC • In 2004. AIR 2003 SC 3032): government employees have no fundamental right to strike • Kerala geneal strike 1997: Bandhs (general Strikes) are illegal. Right to join unions in NMIZs – only to low paid workers .Judicial Precedents Imposing Further Limitations • General strike in Tamil Nadu (2003) TR Rangarajan vs Government of Tamil Nadu. No outsiders in trade unions etc.
Declining wage share in India. ILO 2010 . 1993–2007 World of Work Report.
Hyundai motors. Nestle in Uttarakhand. and Viva Global in Gurgaon etc.New Trends : 1 New wave of labour movement for unionization • A new wave of workers struggle for unionization. NCR Delhi. • Workers struggle in Graziano Transmissioni in Noida. Individualized Bargaining : Spurt in individualised bargaining mainly due to rampant informalisation . Foxconn and Madras Rubber Factory in Chennai. Pricol in Coimbtore. Rico Auto Ltd and Sunbeam Auto Ltd in Gurgaon. Efforts to develop unity among the CTUOs resulted in Coordination Committee of eight CTUOs and the first joint action was successful all India strike on Nov 7. 2010.
Government of India .976 2004 236 1.Strikes and Lockouts from 2002 to 2005 ITEM No.205.386 2003 255 1.864. of Lockouts No.630 18.722.903.817 2002 295 900.054 2005 227 2.828.313 9.961 19.037.950 297 804.686 229 190. of Strikes No.969 4.167 10.048 3.382 2.70.49.010.921.784 Labour Bureau. of Workers Involved Man-days lost 16.800. of Workers Involved Man-days lost No.737 241 169.537 284 179.664.
/The-rise-of-the-new-proletaria..com/2009/12/..Strikes and Lockouts 2005-09 www.livemint.html .
demand for wage increment in April 2010 after minimum wages revised in January 2010--.stopped the work for two hrs every day April 8-10 • One worker dismissed---protest----15 workers taken in custody • Workers started their efforts to form trade union • Protest ended-demands fulfilled---minimum wage. formal contract-ESI and PF • But Soon management started throwing out workers one by one • Workers successfully registered union in May 2010. collectively protested against this move • Aug 21: all contract workers thrown out-protest at the factory gate • Management locked out the factory. regular workers also thrown out • August 25: 20-25 local goons brutally attacked the factory workers .The case of Viva Global • 400 male workers and 200 females workers in company --.
the police also reached there and took me to the Police Station and then to the hospital and from there I again came to the place where sit-in-protest of workers was going on.‖ . But soon after they received directions on phone and therefore they again put me in the same backside box of the car and threw me out at Delhi-Gurgaon Border. They took me to a house and hit me with whatever they had till they received directions on phone to take me to another place. Thereafter they took me to a jungle and threatened to kill me. As soon as I reached my residence from there. Lastly the car stopped and the goons closed my eyes with some cloth before taking me out of the box.The case of Viva Global • One worker was caught and abducted by the goons. • Accounts of Abducted worker: ―I was put in backside box of a car.
adopting more political forms of struggle than traditional union tactics • In many industrial sectors.New Trends: 2 Informalisation and New Paradigm of CB • Emphasis on Community organizing rather than at shopfloor. Collective Bargaining at Industry or National level rather than factory level. for example in garment-the situation provides only two options: individual bargaining or Industry level/national level bargaining and requires political forms of struggle New initiatives to organize informal sector workers: Many local level unions of rural workers and also regional platforms of rural workers have started emerging— Particularly arround NREGA. .
Thank You Thank you .
Thank You .