labour policy

Child Labour

Meaning of Child Labour: It refers to the children below the age of 14 are employed either in organized or unorganized sector.

The Extent of Child Labour

According to the Census 2001 there are 1.25 crores working children in the age group of 5-14 yrs. as compared to the total child population of 25.2 crores. In the total working children 1.07 crores working children are in the age group of 10-14 yrs.

According to UNESCO report nearly 6% of children in India of the age group of 5-14 yrs. are working as labourers in various formal sectors.

UNO report observed that 1.39 crores children in the age group of 5-14 yrs. were working as child labourers.

Extreme poverty & marginal income force the poor families in India to engage the child into labourious work during their right to school education & also to enjoy their childhood. In most of the cases the child labourers are appointed as apprentice & are also under-paid. A good number of child labourers are engaged in fire work factories, agarbatties factories, tea stalls, etc.,

Prohibition of Child Labour

Child labour is considered as national degradation. Concern of children & the dimination of child labour continue to be an area of great concern and article of faith for successive govt. Existing laws prohibit the employment of children below 14yrs. of age.

As per article 24 of the Indian constitution no child below the age of 14 shall be employed to any work in any institutions, factories or engaged in any other risky activities. This is one of the fundamental rights, which is included under the sub-heading ‘Right Against Exploitation’.

The Govt. of India adopted a national policy on child labour in 1987 with three fold strategy – Legal action plan, general development programs & project based action plans. The Govt. of India has adopted two schemes namely:

1. National child labour project scheme
2. Grant in aid to voluntary organization for taking up action oriented programmes in the field of rehabilitation of child labour.

The Govt. has approved the continuation of the above schemes during the tenth plan & it has been decided to sanction addition 150 National Child Labour projects along with the existing hundred during the tenth plan.

Agricultural Labourers

1. Attached Labourers: They are those labourers who are attached to some cultivators’ household on the basis of written agreement. These labourers are further classified into:

a.    Bonded Labourer: is one, who pledges himself or some times a member of his family against a loan. The bonded labourer binds himself to work for the creditors for certain number of years.

b.    Long-term Farm Servant: These are the workers who serve in the field of landlords for considerably a long period of time.

c.    Tied Labourers: They are the permanent labourers who are attacked to agricultural household.

2. Casual Labourers: All workers not in the category of attached labourers are known as casual labours. They are classified into 3:

a.    Small Farmers: They are those who have very smallholdings & are thus forced to work on farms of others.

b.    Tenants: They are those who work on leased lands but this is not their main source of income.

c.    Share Croppers: They are those who besides sharing the produce of land cultivated by them, also work as labourers.

Distinction Between Agricultural Labourer and Cultivators

Cultivators are those who work on their own or leased land for themselves. In other words cultivators are the small farmers who work themselves on their own or mortage land without living other workers.

Agricultural labourers refers to a person who derives a major part of his income as payment for work, perform on the farms of others.

Socio – Economic Status of Agricultural Labours.

1. Agricultural laboures are literates, ignorant, sealtered & conservative. Hence they are highly unorganized. Their bargaining power is very less & they lead miserable life. Since they are scattered they cannot be easily organized.
2. Unskilled: Agricultural labourers are basically unskilled. They are not even skilled in the art of cultivation. Consequently their supply is perfectly elastic & therefore whatever they earn is the nature of transfer earnings.
3. Migratory in Character: Agricultural labourers do not get gainful employment throughout the year therefore they will go to other places in search of jobs in busy season, they will have to get back from a distant place.
4. Seasonal Unemployment: Agricultural labourers do not work continuously because it is a seasonal occupation. They get work only in busy season like serving & harvesting & they remain totally unemployed during off-seasons.
5. Low wages & Incomes: Agricultural wages & family income of agricultural workers are very low in India. As a result the consumption expenditure of an average agricultural labourers household is very low & hence their standard of living.
6. Indebtedness: Agricultural labour is heavily indebted. As per NSS (National Sample Survey) estimates, 52.32% of agricultural labour were indebted at national level. Seasonal native of agriculture, extreme poverty & low level of family earnings made them heavily indebted.
7. Low Social Status: Agricultural labour in India have very low social status. Most of them belong to depressed class & thus they lack coverage to assert their basic rights and hence they are subjected to exploitation by the people of higher class.
8. Child Labour: There is high incidence of child labour in India. This system of child labour has brought down the wage level considerably & the poor are made worst off.
9. Long Hours of Work: The hours of work of agricultural labourers are not fixed like the industrial labourers. Generally agricultural labourers have to do long hours of production sometimes they work day & night this has adversely affected their health & efficiency
10. Absence of Social Security Measures: Agricultural labourers in India are not provided with any social security measures like accident benefits, old age pension unemployment insurance, medical benefits, etc.,

Measures Adopted by the Government:

1. Minimum Wages: The minimum wages act, passed as far back as 1948 was also made applicable to employment in agriculture. Minimum wages for agricultural workers has been fixed under this act, in almost all the states.
2. Abolition of Bonded Labour: The bonded labour system act, passed in 1976, made a provision to free bonded labours from all obligations to lender. As per this act about 2,65,416 bonded labours was fixed up to 1975.
3. Providing Land to the Landless Labouress: The Govt. has distributed land to landless labourers & they have been helped to settle on land as cultivators. Approximately about 70 lakhs hecters of land has been distributed so far.
4. Provision of Housing: The Govt. has distributed housing sites to agricultural labourers. Provision of free sites & giving construction assistance have been made a component of minimum needs programme during ILS 3yrs.
5. Employment Schemes: Special crash programmes for rural employment have been launched under various 5yr. plans. The important among them are:

a.    Works programme

b.    Crash Scheme for Rural Employment (CSRE)

c.    Employment Guarantee Scheme

d.    Food for Work Programme.

e.    National Rural Employment Programme

f.     Rural Landless Employment Guarantee Programme (RLEGP)

g.    Jawahar Razqar Yojana (JRY)

6.  Special Programmes for Weaker Section: It was implemented to help agricultural labourers & rural poor. The programmes are:

a.    The small farmers development agency

b.    The marginal farmers development agency

c.    The drought prone area programme.

7. Insurance: The LIC has introduced a new group insurance scheme in 1987, which will cover all agricultural labour families. Under this scheme life insurance scheme is being offered to the earning members of the family.
8. Development of Small & Cottage Industries: The Govt. has initiated steps to promote small & cottage industries in rural areas. This will help agricultural labours to get alternative employment. Inspite of the above measures the condition of agricultural labours remain the same.

Bonded Labour System

Bonded labour is one who surrenders him self or sometime members of his against a loan.

Extent of Bonded Labour

Reliable estimates are not available on bonded labour in India. According to the estimate of ‘ Gandhi Peace Foundation’ & ‘National Labour Institute’ (1978 – 79). The bonded labours were 26.17 lakhs in 10 states.

The International Labour Organisation estimated the no. of bonded labours in India to be 150 lakhs, of which 50 lakhs were children.

All these estimates vary & it is very difficult to arrive at reliable statistics.

Abolition of Bonded Laobour System

It is in human, exploitative & violative of all names of social justice. Under human rights, in the constitution it is stated that trading in humans & forcing them to beg is prohibited. Since independence some states passed laws to abolish bonded labour but it is continued to be in existence due to poor enforcement of law. In 1975 the Govt. of India issued a notification & passed a legislation known as bonded labour system abolition act 1976.

As a consequence of this act as many as 2,35,379 bonded labours were identified & 265416 were freed & fully rehabilitated. Inspite of all these efforts bonded labour is still in existence.

Trends in Agricultural Wages:

Agricultural wages & family incomes of agricultural workers are very low in India. The living conditions of agricultural labour continue to be pathetic, critical & worst. The first agricultural labour enquiry committee reported that the per capita annual income of agricultural labour families was wages Rs. 104 in 1950-51, the annual agricultural income of household being Rs.447. The 2^nd agricultural labour enquiry committee also reported a further deteoriation in the condition of agricultural workers.

Real Wages & Money Wages

Money wage refers to the price paid in monetary terms to a worker for this service. In other words money wages are those wages, which are paid in terms of money. Thus, money wages are measured & expressed in terms of money.

Real wage refers to the amount of goods & services, which the worker is able to purchase with his money wage is called real wages. In other words real wage refers to the purchasing power of money wages. It is measured & expressed by the purchasing capacity of money wages.

Industrial labour

Meaning: It refers to all those workers, who are employed in manufacturing units, i.e., the workers employed in large scale, village & small scale industries are considered industrial labour in general sense.0

Characteristics:

1)    Illiteracy: A large proportion of industrial workers in India are illiterates & ignorant. So they cannot understand the problems confronting the economy in general & industries in particular. They do not even understand their own problems.

2)    Lack of Discipline: There is no discipline among the industrial labours in India Indiscipline, absenteeism without any reasons. Moving from one job to another etc, are very common.

3)    Majority Characters: Industrial labour in India is migratory in character. Most of the laborers in industries are drawn from villages & are cages to return to their homes during their busy agricultural seasons.

4)    Lack of Organisations: The industrial labour in India is not united, but is divided & sub – divided on the basis of language, region, caste, etc. They are unable to organize themselves. Consequent upon that most of the trade unions are controlled by outsiders.

5)    Low Efficiency: The efficiency of industrial labour in India is very low. Their productivity is also very low. Lack of education, training, research medical facilities, etc, are reasons for low productivity.

6)    Poverty: The industrial labours in India are very poor. Their salary, standard of living & productivity are very low. They are unable to generate interest in their work because of poverty.

7)    Superstitions: Most of the industrial labour in India are superstitions & tradition – bound. They believe in fatalistic & Meta physical things. They have irrational outlook.

8)    Large Scale Absenteeism: It is another important feature of industrial labour. They remain absent without any reason.

9)    Ignorant of Roles & Regulations: A good proportion of our industrial workers are ignorant of rules & regulation.

10)  Bad Habits: The industrial labourers in India are addicted to bad habits. They are involved in unhealthy practices. As a result, their efficiency & mental discipline are badly affected.

Trade Union Movement

“A trade union is a voluntary organization of workers formed for the purpose of promoting & protecting the interest of workers through collective action”.

Growth of Trade Union Movement

Modern industrial sector in India has a history of just 150 yrs. The first trade union of textile works of Bombay came into existence in 1890. Since then, several trade unions were formed. The real beginning of the trade union movement in India was made towards the end of 1^st world war. The Russian revolution which took place in 1917 gave fillip to the movement with the formation of Madras Trade Union in 1918. The trade union movement saw its real beginning by the country. All India trade union congress was formed in 1920. Again in 1922, all India railway men federation & all India post & telegraph unions were formed.

Trade Union Act 1926

It was a land mark in the history of the growth of the trade union movement in India. This act gave legal status to trade union & thereby contributed for their rapid growth. This act was amenoled in 1948, 1960 & in 1964. The no. of registered unions increase from 4000 to 25000 (1951 – 1999).

National Level Labour Organisation.

1. Indian National Trade Union Congress (INTUC).
2. The All India Trade Union Congress (AITUC).
3. The Centre of Indian Trade Unions (CITU).
4. Hind Mazdoor Subha (HMS).
5. Bharaliya Mazdoor Sabha (BMS).
6. United Trade Union Congress (UTUC).

Weakness of Trade Union in India

1. Limited Membership: The Trade Union in India have limited membership. Majority of the workers have not taken the membership of the union. Only 40-50% of the workers get membership. This tendency has made the union weak.
2. Lack of Unity: There is no unity among the members of the trade union. They are divided & sub – divided on the basis of cast, religion, language, etc.
3. More than One Union: In India, these is existence of too many trade unions. Many unions are formed within one industry. This is an unhealthy trend. This will result in inter union rivalry.
4. Weak Finance: It is an important factor affecting the functioning of trade union in India. Hence, the trade union cannot undertake labour welfare & benefit schemes.
5. Illiteracy: Majority of Indian Industrial workers are illiterates. They are unable to understand the importance of unity & unionism. They do not come fore bard to launch united struggle. Thus, they easily become victims of employees.
6. Outside Leadership: Most of the unions are controlled by outsiders. They do not take those in the development of trade union nor protection of labour interest.
7. Migratory Character: The factory workers in India are controlled by the sentiments. They come from villages & return to villages as soon as the work is completed. They move from one job to another without any reason.
8. Political Influences: The Indian trade unions are controlled by political parties & politicians. Most of the times, politicians vicitimist the workers to protect their self-interest.
9. Defective Administration: The administration of trade unions is not efficient with the lack of proper functioning of the trade union; the functioning of workers body cannot be healthy & efficient.
10. Lack of Government Interest: The government does not take much interest in the formation & growth of trade unions. This indifferent attitude of the government is partly responsible for the slow growth of trade union movement.

Suggestions to Strengthen Indian Trade Union Movement

1. Expansion of educational facilities
2. Encouraging internal leadership.
3. Implementation of one industry, one union.
4. Control of political interference.
5. Strengthening of their financial position.
6. Providing proper training.
7. Co-operation of employers.
8. Eliminatinginter union rivalry.
9. Reforming the structure of unions.

Labour reforms

Second National Commission on Labour: It was set up on 15/10/1999. The resolution of the govt., selling up of this commission desired that the commission should take into A/c the new environment generated as the consequences of globalization of the economy & liberalization of trade & industry.

Terms of Reference

1. To suggest rationalization of existing roles & regulations relating to labour in organized sector.
2. To suggest legalization for ensuring a minimum level of protection to workers in unorganized sector.
3. In developing the frame work for its recommendation, the commission was to take into consideration, the minimum level of labour protection & welfare measures.

The commission has recommended the following suggestions:

1.    It is not necessary to take permission for lay-off.

2.    There is no need for any wage revision board.

3.    Number of holidays should be restricted to 5 holidays & 10 restricted holidays a year.

4.    No contract labour for core production or services.

5.    A trade union with at least 66% membership to be single negotiating agent.

6.    Creation of a high power national social security authority.

7.    Evolving a policy frame work & enactment of law for unorganized sector.

Social Security System

It refers to the schemes undertaken by the govt. to protect the industrial workers & other sections of people of the society against various types of risk. Ex.: Insurance, old age pensions, medical benefits, etc,

Types of Social Security

1. Social Insurance: It is usually financed through contributions by the employee, employer & the state. The benefits to insured persons are linked to their contributions. It is provided against risk such as accidents, sickness, disablement & old age.
2. Social Assistance: To provide help to poor & the needy person. They are not linked to the contributions made by them, but is financial from the general revenues of the state.

Social Security in India

1. The Industrial Dispute Act 1947: It provides that, no workers shall be removed from the job without giving one month’s written notice. This role applies to those workers, who are not in continuous service for less than one year.
2. Employee State Insurance Act 1948: It applies to all non-seasonal factories run with power & employing twenty or more person & whose income does not exceed 7500/- a month. This scheme is financed by employee’s state insurance fund. The fund is utilized for the benefits of insured persons, provision for medical benefits, establishment of hospitals & dispensaries.
3. Employee Provident Fund Act 1952: Retirement benefits are given to the employees under the employees provident fund. It covers 180 industries & establishments employing twenty or more persons.
4. The Bonus Act of 1965: It applies to all factories covered by the Factories Act. It provides for the payment of bonus by the employer to the employees.
5. Employees Pension Scheme 1995: Under this scheme pension @ 50% of pay is payable to the employees on retirement & on completion of 33 yrs. Of service. A minimum of 10yrs. of service is required for entitlement to pension. It also provides for grant of family pension ranging from 450/- to 2500/- per month.
6. Maternity Benefit Act 1961: This act regulates employment of women in certain establishments for a certain period before & after child birth & period before for maternally & other benefits. There is no wages limit for coverage under the act. This act provides for payment of maternity benefit at average daily wages for a total period of 12 weeks.

National Renewal Fund:

The process of industrial restructing under new economic policy was launched in 1991. It aims at making the country globally competitive. Under the restructing technological upgradation of industry & closure of sick unit accorded top priority. In this regard, to safeguard the interest of workers who may be affected by this restructing program, the govt. established NRF in February 1972.

Objectives of NRF:

1. To provide assistance to firm, to cover the cost of retraining & redeployment of employers arising as a result of modernization & technological upgradation.
2. To provide funds for compensation to employers affected by restructing of industrial units both in public & private sector.

3. To provide funds for employment generation schemes in organized & unorganized sectors.

The Women Empowerment

Role of Women in Economic Development

1. Chief Architect of the Family: The main architects of the family are the woman. She works in different capacities in family life mother, guide, councilors, friend & philosopher.
2. The First Teacher:  Mother is the first teacher to a child. She teaches her children the basic elements of life & molol their character in taking a decessive role in deciding their future.
3. Supply of labour power: Women supply necessary labour power for the production of goods & services. If females are educated & trained & are active participants in the work force. The national economy starts growing fastes.
4. Main Role in Agricultural Development: In rural areas, women participation in labour force in age olds & constitute the main village man power. They fill the land, irrigate the field & help during the busy agricultural season.
5. Contribution to Idustrial development: Women contribution to industrial development is great. In developed countries, 26.5% of total industrial labour force are women. The force have dachieved industrial development.
6. Low Social Status: Women labourers in India have very low social status. The image of women in Indian society is highly degraded & this has affected their contribution to society.
7. Low Efficiency’s: The efficiency of women labour is very low. Their productivity is also very low due to lack of education, training & poor health.
8. Low Occupational Mobility: The occupational mobility of woman labour is very low because women are use unable for the up large role outside the home work force & hence, this diminishes their occupational & economic status.

Wage Difference and Non – Wage Employment

The women labourers in India suffer from gender discrimination in wage income. Most of them do not have regular employment & large percent of them was employed as casual labourers. According to National Institute of Public Finance & Policy (NIPFP) study on gender budgeting, the averaged female wage is almost 80% of the male average in urban areas while, it is less than 60% of male in rural areas.

Work Participation Rate

It may be defined as the percent of total workers to total population. The work participation rated in India as per 2001 census is about 39.3%. This is higher than the rate of 37.64% in 1991, 36.77% in 1981 & 34.2% in 1971.

Women Empowerment Programs:

1.    Swayam Sidha: It is an integrated part of the project for the development & employment of women through self-help groups with emphasis on covering service, provision of credit & promotion of small scale enterprises.

2.    Swa Shakthi Project: This is centrally sponsored scheme to be implemented in the states of Bihar, Gujarat, Jharkand, Karnataka & M.P., U.P., etc, This scheme was mainly intended to enhance women status through providing them loans, imparting skills & confidence & income generating activities.

3.    Support to Training & Employment Program for Women: This program seeks to provide updated skills & new knowledge to the poor women in traditional sectors of the economy.

4.    Swalamban: This scheme is to provide training & skills to women to facilitate them for self-employment on sustainable basis. Ex.: Computer programming, medical, transportation, etc.,

5.    Way Care Centers for Children of Working Women: This scheme aims to provide day care services to children below 5 yrs. Where, the income of the family does not exceed 1800/- per month.

6.    Hostels for Working Women: This aims at expansion of hostel buildings for working women with day care centres. They also undertake the provision for safe & affordable accommodation to workingwomen.

7.    Swadhas: This is a centrally sponsored scheme for all round development & integrated services to women under difficult circumstances such as destitute, widow, women prisoners & survivors of natural disasters, etc.,

8.    Rashtriya Mahila Kosh: It is also known as national credit fund for women. It was started with a view to facilitate credit support.

Self – Help Groups

Meaning: It refers to unregistered group of 10 – 20 members involved primarily in savings & credit activities.

Features of Self-help Group:

1. Open & voluntary membership
2. Democratically controlled
3. Economic participation
4. Autonomy & independence
5. Education, training & skill upgradation
6. Self-help & help to other member
7. Ownership feeling
8. Non-political
9. Rotation of leadership

Objectives of Self-help Groups:

1. To encourage women of target area for the need of self-help group & its relevance in their empowerment process
2. To create group feeling among them
3. To enhance the confidence & capabilities of women
4. To develop collective decision making among women
5. To encourage the habit of saving women & facilities the accumulate of own capital resources.
6. To motivate women taking up social responsibilities
7. To resolve conflicts through collective leadership & mutual decisions.

Function of Self-help Groups:

1.    Periodic savings

2.    Credit management

3.    linkage with other banks

4.    Book keeping for accounts management

5.    Creation of common fund.