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Labour Codes -- PIB
Ministry of Labour & Employment
Labour Codes
Posted On: 22 MAR 2021
India, being a founding member of the International Labour Organisation (ILO) has deep respect for its principles and objectives. The Government of India has always upheld the basic tenets of tripartism. ILO has not commented about India’s lack of compliance with ILO Convention -144 on Tripartite Consultations in implementing the four Labour Codes. The four Codes, namely, the Code on Wages, 2019, the Industrial Relations Code, 2020, the Occupational Safety, Health and Working Conditions Code, 2020 and the Code on Social Security, 2020 have been notified in Gazette of India. Prior to that the Government had done extensive consultations inviting all Central Trade Unions, Employers’ Associations and State Governments. The Government had undertaken nine tripartite consultations on all the four Codes on 10.03.2015, 13.04.2015, 06.05.2015, 14.07.2015, 06.10.2015, 04.10.2017, 22.11.2018, 27.11.2018 and 05.11.2019 inviting all Central Trade Unions, Employers’ Associations and State Governments. All these Codes were also placed on the website for inviting comments from all stakeholders including general public.
Further, all the Codes were referred to the Parliamentary Standing Committee on Labour for examination. The Parliamentary Standing Committee on Labour, in the process of examination of the Codes, had invited the views/suggestions from Trade Unions / Organizations / Individuals / Stakeholders and also took oral evidence of the representatives of Central Trade Unions and various other Associations/Organisations/Stakeholders. The reports of the Committee were taken into account before these Labour Codes were considered and passed by the Parliament.
As a step towards implementation of four Labour Codes and to discuss the draft Rules on four labour Codes, tripartite meetings inviting representatives of all Central Trade Unions and Employers Associations were convened through Video Conferencing on 24th December, 2020 and 12th January, 2021. Third tripartite meeting was held on 20th January, 2021 in physical mode.
However, the Industrial Relations Code, 2020 reduces the requirement of minimum continuous service in case of fixed term employees from five years to one year.
This information was given by Minister of State (I/C) for Labour & Employment Shri Santosh Kumar Gangwar in a written reply in Lok Sabha today.
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MS/jk (Release ID: 1706610) 22.03.2021
VERIFICATION OF CAST CERTIFICATE
No. 41034/4/2020-Estt (Res-I)
Government of India
Ministry of Personnel, Public Grievance & Pensions
Department of Personnel and Training
North Block, New Delhi
Dated the 19th March, 2021
To
The Chief Secretaries of all States & Union Territories
Subject : Timely verification of Caste/Community Certificates – regarding.
Sir,
I am directed to say that instances have come to the notice where the pensionary benefits of employees belonging to ST category, who were working in various offices and organizations under Central Government in the State of Tamil Nadu, have been withheld on the ground that their caste verification is pending from the State Government. The Parliamentary Standing Committee on the Welfare of the Scheduled Castes & Scheduled Tribes (SC&ST) have taken a serious view of this, and has directed this Department to issue necessary guidelines to all the concerned for ensuring timely verification of the Caste Certificate of the employees belonging to the reserved category.
2. It is stated that the responsibility for the issue and verification of Caste Certificate lies with the concerned State/UT Government. The Hon’ble Supreme Court, vide its Order dated 2.9.1994 in the matter of in the matter of Kumari Madhuri Patil vs Addl. Commissioner, has laid down the detailed guidelines for effective verification of the Caste Certificates of the employees, so that no person, on the basis of fake caste certificate, may secure employment wrongfully in the Government.
3. DoP&T has issued various guidelines from time to time for streamlining the process of verification of Caste Certificate of the employees, and has requested the State/UT Governments for timely verification of the same. However, as mentioned above, instances have come to notice that the appointing authority has taken an unduly long time in getting the caste status of an employee verified through the concerned State authorities which is totally in contravention of the existing instructions. In this regard, attention is invited towards the following instructions of DoPT in the matter:
(i) DoPT OM No. 36019/7/1975-Estt (SCT) dated 31.10.1975 (copy at Annexure-I) provides that the candidates belonging to the SC/ST category have to produce a Certificate in the prescribed form issued by one of the prescribed authorities in support of their claim of belonging to a SC/ST. Where such a candidate is unable to produce a Certificate from any of the prescribed authorities, he may he appointed provisionally on the basis of whatever prima facie proof he is able to produce in support of his claim subject to his furnishing the prescribed Certificate within a reasonable time, and if there 1s genuine difficulty in his obtaining a Certificate, the appointing authority should itself verify his claims through the District Magistrate concerned.
(ii) DoPT OM No. 36011/16/80-Estt (SCT) dated 27.2.1981 (copy at Annexure-II) provides that the verification of caste status at every important upturn of employee’s career is necessary, as an SC candidate may lose his status of SC if he embraces a religion other than Hinduism and Sikhism (DoPT OM No. 36011/3/2005-Estt (Res) dated 9.9.2005 provides that an SC candidate loses his SC status if he embraces a religion other than Hinduism, Sikhism or Buddhism).
(iii) DoPT, vide letter No. 36022/1/2007-Estt (Res) dated 20.3.2007 (copy at Annexure-III), have requested the State/UT Governments to issue instructions to the District Magistrates/ District Collectors/Deputy Commissioners of the districts to the effect that they should ensure at their own level that veracity of the Caste/Community certificate referred to the district authorities is verified and reported to the appointing authority within one month of receipt of request from such authority. The State/UT Governments were also requested to initiate disciplinary proceedings against the officers who default in timely verification of Caste Status.
(iv) DoPT, vide letter No. 41034/3/2012 – Estt (Res) dated 11.4.2012 (copy at Annexure-IV), have reiterated the above instructions dated 20.3.2007 requesting the State/UT Governments to issue instructions to the concerned district authorities to ensure veracity of the Caste/Community Certificate referred to them and report the same to the appointing authority within one month of receipt of request from such authority. This letter also conveys the directions of the Parliamentary Committee at that time on the Welfare of SCs and STs that the State/UT Governments may constitute a District-Level Committee in each District which may hold regular meetings to ensure timely verification of Caste Certificates.
Also Read : Streamlining the procedure for verification of claims of candidates belonging to SC, ST and OBC
(v) DoPT OM No. 36011/1/2012-Estt (SCT) dated 8.10.2015 (copy at Annexure-V) reiterates the earlier instructions on timely and effective verification of the Caste Certificate so that the benefit of reservation and other scheme of concessions etc. go only to the rightful claimants.
(vi) DoPT letter No. 36011/1/2012-Estt (SCT) dated 14.3.2016 (copy at Annexure-VI) addressed to all State/UT Government again reiterates the earlier instructions on verification of Caste Certificate within a reasonable time.
4. In view of the above, all State/UT Governments are again requested that the above-mentioned instructions may be brought to the notice of all the concerned officers, and it may be ensured that the process of caste verification is completed within a reasonable time, and the concerned appointing authorities are informed about the veracity of the Caste Certificate of the candidates/employees within one month of the receipt of such request from the concerned appointing authority.
5. This issues with the approval of Secretary (P)
.
Yours faithfully,
( Sandeep Saxena)
Deputy Secretary
Wednesday, 10 March 2021
No. Confd. Circular-2021 Dated: 10th March 2021
CENTRAL TRADE UNIONS CALLS UPON TO OBSERVE
15TH MARCH AS ANTI PRIVATISATIOJN,
ANTI-CORPORATISATION DAY.
Dear Comrades,.
In the Budget that was presented by the Finance Minister on Ist Feb. 2021 the major resource mobilisation besides indirect taxes was through disinvestment or outright sale of public enterprises. Life Insurance Corporation, the largest organisation in the Insurance industry not only of India but perhaps even of the world has been specifically earmarked for sale. It is one of the best performing enterprise in the Public sector today. The return, s the Government of India has received from LIC is several times of its investment, i.e. in the form of dividends, taxes etc. While the sale of public enterprises was justified earlier on the plea of the recurring losses in the past, it is presently no more so.. BJP and all its predecessor formations had been opposed to public enterprises, itself , though such investment had been the key for the economic advancement of the country in the post independent era. In fact the Prime Minister’s statement justifying the decision was a clear admission that the ruling party is not ashamed of bartering away India’s assets, acquired by the public money to selected private enterprises or even foreign nationals. As part of the crony capitalism, the theme of governance of the present government, most of the public enterprises, divested or sold would be gobbled up by Adanis and Ambanis. Unashamedly and pretty well knowing that it is nothing but atravesty of truth, they propagate the virtues of right wing policies and its capacity to propel growth.When millions were driven to the shores of penury and poverty due to the various such disastrous decisions taken by this government, like demonetisation, the hurry with which the GST regime was brought in, the separate duty regime for petroleum products whereby the prices have now been doubled despite the dwindling international crude prices etc., unending agony was inflicted on common people. The ushering in of the new labour code, the anti farmers bills rushed through the Parliament are some of the recent anti-people steps taken by this government to please the corporates. The country’s economic growth got extremely decelerated in the Covid period that it went into minus 23% recently. However, the number of billionaires in our country increased even in Covid days and India added 40 names to the list of billionaires of the world. The toughest resistance to the pernicious policies of the present Government came from the farmers agitation, which has now entered the most crucial phase. It is heartening to note that they are determined to ensure the reversal of the recent enactments made solely for the purpose of enriching the selected corporate house.
1. It is in this background that the Central Trade Unions met at New Delhi. The meeting decided to call upon all its affiliates Associations and Unions and the friendly federations to observe 15th March 2021 as anti-Privatisation and anti-corporatisation day by organising central rally, Dharna, demonstration etc. preferably near the Railway Station or in front of any Central Govt. Office.
2. The bank and insurance employees will be on strike on 16th and 17th March, 2021. Solidarity and support actions would be organised on those days.
3. To hold dharna /relay hunger strike etc. on 23rd, 24th and 25th March, 2021 jointly by all sections of the workers aa decided earlier as part of the mass mobilization programme.
4. To organise joint programmes on 23rd March, 2021 along with farmers organisations to commemorate the martyrdom of the National heroes; Bhagat Singh, Sukhdev and Rajguru.
Confederation has decided to endorse the above decisions of the Central Trade Unions and calls upon all affiliates and State COCs to carry out the programme.
With greetings,
Yours fraternally,
(R.N. Parashar)
Secretary General.
 No.PF-1(e) 2021 Date: 10th Mar-2021 |
CIRCULAR
To
All General Secretaries / NFPE Office bearersAll Circle / Divisional and Branch Secretaries of NFPE Affiliated Unions
Comrades,
NFPE Federal Executive meeting was held at Bangalore (Ktk) on 13.02.2021.has discussed the prevailing situation in Department of Posts. Due to Covid-19 pandemic most of the activities on part of Department has been paralysed. So many long pending demands are lying unsettled since years. We have given so many representations, memorandums, resolutions and letters on different matters but no fruitful result is coming out.
Therefore, the Federal Executive of NFPE has decided unanimously to launch the following agitational programmes for settlement of 20 points of Charter of demands.
We appeal entirety of Postal/RMS and GDS employees to mobilize maximum membership to participate in the below mentioned agitational programmes and make every effort to make all the programmes a grand success.
(i) First Phase:
Massive Dharna in all Divisions on 23 April 2021 (Except West Bengal as election Code of Conduct is in effect there, NFPE Co-ordination Committee of West Bengal can decide to hold it in the first week of May-2021 after declaration of result)
Vigorous campaign should be organized by the Divisional unions to educate the members about the demands and attitude of the Department due to anti worker policies of NDA Government. Organize General Body Meetings, Convention, printing of leaflets and campaign through social media
(ii) Second Phase:
Day long Dharna in front of all Circle Offices on 27 May 2021. All Circle union office bearers and Divisional Secretaries must participate in Dharna:
(iii) Third Phase:
Dharna at Dak Bhawan –New Delhi on 25 June 2021. All NFPE Office Bearers, General Secretaries, All C HQ Office Bearers of all unions and all Circle Secretaries must participate in Dharna.
After these programmes, all India Conventions will be held at New Delhi in the month of July or August in which Strike, Definite or Indefinite will be decided:
CHARTER OF DEAMANDS
1. Withdraw the orders freezing the DA and DR of CG employees and pensioners and impounding of arrears till 30.06.2021.
2. Scrap the New Pension Scheme and Restore OPS. Grant compensation for non deposit or delayed deposit of contribution under NPS.
3. Settle all Covid related issues. Grant special CL for the Covid treatment/quarantine to the departmental as well as GDS employees. Include Postal employees in priority list for Covid vaccination. Regularise the absence due to lockdown as work at home as per the directions DOPT. Grant compensation of Rs.10 lakhs to the family of the deceased due to covid-19.
4. Fill up all vacant posts in all cadres including HSG11&HSG1 by relaxing the recruitment rules.
5. Settle the net work connectivity issues in POs, RMS and other deptl offices.
6.Settle the issue of denial of increment after 180 days to those officials who opted the fixation on promotion/financial upgradation etc. 180 days may be treated as 6 months as done in other cases.
7. Implement all left out recommendations of Kamlesh Chandra committee report like financial upgradation, insurance coverage etc. to GDS employees.
8.Implement cadre restructuring in all left out categories without further delay.
9. Stop harassment of officials in the name of unscientific business targets and compelling the officials to work on Sundays and holidays for melas etc.
10. Withdraw the Rule 365 of Postal manual volume 1V regarding yearly examination in sorting for granting annual increment for SAs in RMS.
11. Withdraw the Dte orders regarding denying federations from taking up the issues of GDS employees.
12. Resume all transit sections of RMS whenever the trains start operation. Allow minimum 50 seats in all sections to get 2 doors for mail exchange.
13. Stop opening of unscientific CSC in POs, especially in single handed POs. Stop outsourced postal agent system. Discuss with staff before implementation of all new proposals and schemes.
14. Stop merger/closure of L2 mail offices. Strengthen L2 offices by introducing parcel and speed processing in L2 offices. Fix norms for the work in CRC, PH, SPEEDHUB etc.
15. Conduct membership verification by check off system for deptl employees. Verification of GDS unions also be carried out without any delay.
16. Conduct physical periodical meetings with staff unions in time at all level.
17. Stop decentralization of Postal ACs. Repatriate all officials who have been transferred to PAO Vijayawada against their option.
18. Stop harassment in the name of contributory negligence in SBCO. SBCO may be brought under the control GM PA&F with change in nomenclature.
19. Absorb PTCL/FTCL against GDS/MTS vacancies. Issue directions for implementation of Dte orders for payment of wages with arrears.
20. Maintain separate identity of all Cadres i.e. PA CO and PA SBCO etc.
With revolutionary Greetings
Yours Comradely,
(R.N. Parashar)
Secretary General
Monday, 8 March 2021
HOMAGE & RED SALUTE TO COMRADE M. KRISHNAN
CLARIFICATION ON REGULARIZATION OF ABSENCE DURING COVID-19 PANDEMIC LOCKDOWN PERIOD – REGARDING (CLICK THE LINK BELOW TO VIEW)
https://dopt.gov.in/sites/default/files/ClarificationOM.pdf\
************
VERY SAD AND SHOCKING NEWS.
Our beloved leader, president of our union ,a legend, stalwart and veteran leader of trade union movement, Com. M. Krishnan passed away due to Covid today on this day, 1st March 2021.
He lead Postal Unions and Central Government Employees Unions for decades.
He was very knowledgeable, militant, Dedicated and committed Comrade.
He was an unparallel leader.
No words to express sorrow.
My body and hands are shivering while typing this.
We on behalf of Confederation, NFPE and P3CHQ Convey our heartfelt condolences to bereaved family and Comrades of Kerala and Whole country.
RED SALUTE COM. KRISHNAN.
COM. KRISHNAN AMAR RAHE,
LONG LIVE COM. KRISHNAN.
Y.NAGABHUSHANAM P. MOHAN
WORKING PRESIDENT GENERAL SECRTARY
Monday, 22 February 2021
________________________
Dated : 22.02.2021
AN EARNEST APPEAL
Though the National media had been persistently distorting the issues connected with the farm enactments that led to the biggest ever agitation of the Indian farmers in recent times, the stir that began two months back had been gaining momentum every day. The Government characterised the movement as anti-national, backed by the terrorist outfits etc. and exhorted the peopleof the need to halt the ill-advised movement, but every segment of the society came forward to express concern, support the movement and express the need for a fruitful dialogue. The tractor rally organised jointly by several Kisan organisations being unprecedented caught the attention of the Indian people though very many attempts were made to tarnish the image of the leaders of the movement as also the movement itself. No doubt many in the country felt that Republic day being the most solemn and important day of the Nation, what was stage managed at the Red Fort ought not have happened. The agitation caught the attention of the world media and there had been innumerable comments from all over the world of the need to address the issue with a view to reach a settlement. The abject surrender of the Indian Press and the so called free channels to the ruling dispensation was a pathetic sight reminding of the emergency days. The famous comment of Shri L.K. Advani about the Indian Press in those days that they decided to crawl when asked to bend came vividly to one’s mind. Democracy as we all know can survive as a form of governance only when it is ensured that its dominant pillar, the media is really free, fearless and impartial.
Despite the untold repression and imposition of UAPA on many leaders the farmers movement could not be cowed down. Every trick in the book of chicanery was employed but the farmers stood firm, unflinching, scorning at the powers in governance; determined in their pursuit to victory. Had there been a micro-part of the courage and conviction demonstrated by the farmers, the Central Govt. employees could have written a glorious page of struggle when the promise held out to them in 2016 was not only honoured but discarded with disdain by the Government. Our weakness, amply demonstrated by our inaction naturally must have emboldened the Government to take away the dearness compensation in April, 2020 when the employees wanted it most.
The sale of National Assets, commenced decades back has continues unabated. The 2021 Budget has proposed to sell out the most profitable public enterprise, the Life Insurance Corporation of India. The sale is not for any strategic reason or advantage but only to reduce the fiscal deficit to comply with the terms imposed by the world lending agencies when the country adopted the neo-liberal economic policies. Even during the pandemic days, when the whole of the population suffered immeasurably, when all economic activities came to a grinding halt, the increase registered in the wealth of 100 Indian millionaires was of the order of Rs. 12.97,822 Crores. According to the Oxfam report, a worker in the unorganised sector will take 10000 years to earn the income generated by Mukesh Ambani in an hour. During this period the corporate tax was reduced to 22% from. 34.61%. India thus joined into the privileged club of the very few countries, where the corporate taxes are the lowest. The concessions extended to the Corporates cost the exchequer 1.45 laksh crore in tax revenue this year. The corporate taxes as a share of GDP came down from 3.5% to 2.2%, whereas the indirect taxes which affects every Indian citizen including the poorest of the poor rose to 5.1% of GDP in 2020-01. In 2020-21 It is expected that the privatisation of Bharat Petroleum, Air India, Shipping corporation, IDBI, Container Corporation, IDBI, BEML. Pawan Hans, Neelpal Ispat Nigam etc. would be completed.
The greatest impediment the farmers face today in going ahead with their just and peaceful agitation is the financial stringency. We feel it is the bounden duty of each and every citizen of the country to help them out to win the war; help them financially by collecting funds and donating it; extend the solidarity and support by organising demonstrative actions and do whatever that is needed to be done. We, therefore, appeal our affiliates, State COCs, all friends and admirers of the farmers movement to collect funds and remit the same to their respective CHQs who will remit to Confederation HQ. Confederation HQ will donate to the Farmers Organizations.
With greetings,
Yours fraternally,
Secretary General.
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