46th SESSION OF I.L.C.
CONCLUDING SESSION OF 46TH I LC
      The
 46th session of India Labour Conference concluded yesterday at Vigyan 
Bhawan, New Delhi where the recommendations and conclusions were adopted
 on 5 chosen agenda items after the at length tripartite deliberations 
which lasted 2 days.
      In his 
concluding remarks, the chairman of the ILC and Labour and Employment 
Minister of state (Independent Charge) , Shri Bandaru Dattatreya 
reiterated his Governments commitment to reform process with tripartite 
consensus to promote the employment generation at a massive scale 
particularly for the aspiring youth population of this country. The 
consensus conclusions/recommendations on each of the agenda items are 
reproduced here:
      
Implementation of the conclusions/ recommendations of the 43rd, 44th and
 45th Indian labour conference, particularly on contract labour, Minimum
 wages and scheme workers and tripartite mechanism Conclusions of the 
committee are as follows:-
    The 
committee debated the recommendations of the 43rd, 44th and 45th Indian 
labour conference at length and expressed its concern over 
non-implementation of the conclusions, particularly on contract labour, 
Minimum wages, scheme workers and tripartism. It was therefore 
unanimously recommended that concrete measures should be undertaken to 
expeditiously implement the recommendations in letter and spirit. 
Periodic reviews should be undertaken by the stakeholders.
Recommendations of conference committee on “social security for organized, unorganized and migrant International workers”
      There 
was an in-principle agreement for coverage of all workers organized as 
well as unorganized under social security with support wage by 
Government, if required, for providing decent living conditions. The 
committee recommended that:
       I.   
Mechanism for identification and registration of unorganized workers 
should be provided. Special drive should be launched for the said 
purpose and, if required, direct registration by the Government.
     II.       Schemes for organized/ unorganized workers should be made efficient.
     
III.      Budgetary provisions should be made for those unorganized 
workers who are not covered under any specific social security scheme.
    IV.          The cost of registration of unorganized workers should be borne by the  Central/ State Government.
    V.       
There should be proper utilization of fund collected through building 
construction cess and administrative expensed should not be for what is 
not stipulated.
 VI.    The 
Anganwadi/ Asha/ Mid-day meal and other such workers, the committee   
reiterated that they should be extended coverage under ESI/ EPF.
VII.      As regards ESIC, the following recommendations were given:-
a.     ESIC to expand to cover all states/ UTs. All districts where scheme is running at present should be covered fully/
b.     The 
ESIC scheme to be expanded to unorganized sector by reducing the 
threshold form present 10. Self employed  should be provided medical 
benefit, in phases.
c.     The 
ESIC should directly run the health services in all the states. Stated 
should not be asked to bear the cost of Medical expenses.
d.    Medical
 Facilities should be expanded at a fast pace; establishments of 
hospitals and dispensaries should be decided based on geographical 
necessity.
e.     All construction workers should be covered under ESI.
f.     ESI coverage for round the clock for medical benefit.
VIII.    As regards EPF, recommendations were:-
a.     Medical Scheme to EPS pensioners from the surplus Corpus of EDLI Scheme.
b.    Extension of coverage by reducing threshold form 20 to 10. ‘Member of LUB opposed this’
c.     Coverage of both inter-state and international migrant workers under EPF Act.
d.    EPF pension should be enhanced and linked with price index.
IX.       Wages definition should be uniform for all labour laws.
X.        There should be a mechanism so that employers can deposit social security contributions at single window.
XI.       For construction workers, there should be a single contribution from employer.
XII.     Implementation of the decisions taken by 43rd, 44th and 45th ILC with regard to Social Security.
     However,
 on the point of optional schemes for ESI & EPF, the employee’s 
representatives strongly opposed whereas the employers representatives 
were of the view that options should be available.
     
Removal of Conditions on payment Ceiling eligibility Limits, Decisions 
to pay Minimum Bonus without linking to loss when the performance 
indicator satisfy grant of bonus- The major conclusions emanating from 
the discussions in the committee are as follows:
     The 
Conference committee on amendment of Bonus Act – Removal of Conditions 
on Payment Ceiling, Eligibility Limits. Decisions to pay Minimum Bonus 
without linking to loss when the performance indicator satisfy grant of 
bonus constituted to discuss the Agenda item No. 3 of 46th session of 
the Indian Labour Conference met under the chairmanship of Captain 
Abhimanyu, Minister of Labour, Govt. of Haryana. Shri Om Prakash Mittal,
 General Secretary, Laghu Udyog Bharti (LUB) and Ms. Meenakshi Gupta and
 Mr. B.B. Mallick, Joint Secretary, MoLE respectively were the 
Vice-Cheirman and Member Secretary of the Committee. The Committee had 
the representation of all the stake-holders (Workers’ Group, Employers’ 
Group and State Government).
2.  At the 
very outset, the chairman of the committee welcomed all the 
representatives. He observed that the issue of bonus has been pending 
for long. He expressed the hope that all the partners would understand 
and appreciate the position of each other and give recommendations 
keeping in the view the larger national interest. The Vice-Chairman also
 welcomed all the Members. Thereafter, the Member Secretary introduced 
the subject. The agenda has following 3 issues:-
(i).               Removal of calculation ceiling;
(ii).             Removal of Eligibility Limit; and
(iii).           Decisions to pay Minimum Bonus without Linking to loss when the performance indicator satisfy grant of bonus.
3. It was 
mentioned that last revision in the limits (Calculation Ceiling – Rs. 
3500 and Eligibility Limit-RS. 10,000) was done in 2007 based on the 
recommendations of the 41st ILC.
4.  The committee had very intense detailed discussions on all the aspects of the Agenda Item no. 3.
(i).            
 The Trade Unions were of the view that all the ceilings under the 
payment of Bonus Act. 1965 i.e. eligibility ceiling, calculation ceiling
 and maximum percent of bonus payable need to be removed. They further 
expressed that they would like to reiterate the stand taken by them in 
the tripartite meeting held on 20 October, 2014.
(ii).                      
 The Employers, representatives were of the view that total removal of 
various ceilings may lead to spurt in industrial relation issues. They 
observed that while making any change in the payment of Bonus Act, 1965 
productivity of the workers and paying capacity of the employers have to
 be taken into account. They further observed that they are not in 
favour of indexation of cost of living for the purpose of ceiling and 
bonus calculation. The term ‘Employee’ should be substituted by the term
 ‘workman’ as defined under the industrial disputes Act. The present 
system of prescribing limits both for eligibility and calculation should
 be retained.
(iii).                    
 The State Government representatives were of the view that minimum, 
limit of bonus (8.33%) may continue. Regarding limits with regard to 
calculation and payment ceiling it was stated that they had no comments 
to offer. They further observed that distinction between statutory bonus
 and productivity linked bonus is quite relevant in this regard.
(iv).                    
 The State Government representatives also suggested that the central 
Government may consider notifying the limits for eligibility of bonus 
and calculation of bonus through and administrative process based on 
tripartite mechanism rather then legislative process every time. 
Appropriate amendment to the payment of Bonus Act, 1965 may have to be 
carried out accordingly.
Labour laws Amendments proposed/ done by central or State Governments Conclusions of the committee are as follows:-
 1.  The 
committee reiterates historical role of tripartite mechanism functioning
 in the country before any enactment/ amendment of labour laws.
2.  Any labour law amendments/ enactment should take into account three purpose namely:
(i).             Rights and welfare of workers;
(ii).                       Sustainability of enterprises and job creation; and
(iii).                     Industrial peace.
3.  The labour laws need to be relooked and updated in a time bound manner.
4.  Committee
 recommends that the overall exercise of the labour law amendments 
should be discussed in the tripartite forum and the broad and specific 
proposals should also be discussed in tripartite meetings.
Recommendations of committee on “Employment and Employment Generation” of 46 the Indian Labour conference (ILC) are as follows:-
1.    The 
committee noted that the recommendations of 43rd to 45th ILC on 
Employment & Employability need to be fully implemented.
2.    
Recognising the employment potential in micro and small industry, 
especially in rural areas, an effective single-window system be 
established to promoted agro-based and micro & small industries with
 facility like concessional finance etc. A system for centralized 
marketing of products manufactured by these industries can also be 
developed.
3.    Enhance the outlays and threshold for public employment generation programmes in both rural and urban areas.
4.    Fill up vacant posts in Central Government, State Governments and Public Sector Undertakings in a time bound manner.
5.    Reiterate the necessity for publishing quarterly employment and unemployment data.
6.    With 
Central and State Government moving to on-line systems for employment 
exchanges there is a need for capacity building of Employment Exchanges 
officers for their revised roles under National Career Service (NCS). 
Need for integration of Central and State IT initiatives to avoid 
duplication.
7.    
Utilization of idle capacity in Vocational and Educational Institutions 
and closed/ sick industry for demand responsive training.
8.    Enhance and expand areas for Recognition of Prior Learning (RPL) with effective assessment.
9.    Enhance
 number and improve quality of assessors for vocational training and 
consider including ITI faculty for assessments.
10.  To 
identify labour-intensive industries and new areas where jobs can be 
created like renewable energy and reusable resources etc. and providing 
employment liked training.
11.   Evolve strategies for increasing female workforce participation in both public and private employment. YSK/Uma (Release ID :123527)
