No.AIRF/31-D(G)

Dated: January 24, 2015

The General Secretaries,
All Affiliated Unions,

Dear Comrades,

Sub: Hands off our right to strike

We have already reported all of you about the pressure mounted on the ILO by the employers globally to withdraw the “Right to Strike”, which is embodied in the ILO Convention 87 as a part of established interpretation of the convention, without which ILO Convention will become meaningless.

Almost 90 countries throughout the world have adopted this convention, and now in the wake of globalization and liberalization, the employers unitedly creating all sorts of pressure on the ILO to withdraw the right to strike.

Comrades! If it happens, we will be loosing protection given to the workers in the ILO Convention 87, and thus the achievements made by the ILO, for the last four decades for collective action against the employers, will definitely be lost , and will be detrimental against the interest of the employees and working class.

The ITUC has, therefore, given a call to observe 18th February, 2015 as “Global Day of Action for Right to Strike” against the pressure of the employers for withdrawal of right to strike. The ITF has also given similar call during its 43rd Congress, held in Sofia in August 2014.

It would be in all appropriateness, if we could observe 18th February, 2015 as “Global Day of Action for Right to Strike” in an appropriate manner by creating awareness among the working class by organizing mass meetings, conventions etc. and sending the report immediately to this office for forwarding the same to the ITUC and ITF for pledging our solidarity against the onslaught on the working class. We should also try to mobilize our support by sending memorandum to Government of India to pledge their support against withdrawal of right to strike from the ILO Convention 87.

Yours faithfully,
(Shiva Gopal Mishra)
General Secretary

Copy to: General Secretary, ITUC – for information.
Copy to: General Secretary, ITUC(Asia Pacific) – for information.
Copy to: General Secretary, ITF – for information.
Copy to: General Secretary, HMS – for information.

Order: Right-to-Strike-AIRF

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No. Conf. 22/2013

Dated: 19th  January, 2013.

To
The Cabinet Secretary,
Cabinet Secretariat,
Government of India,
Rastrapathi Bhawan,
NEW DELHI.

Dear Sir,

This is to give notice that the employees who are members of the affiliated organisations of  Central Government Employees and Workers will go on two days strike on 20th and 21st February, 2013.  The Charter of demands in pursuance of which the employees will embark upon the two day strike action is enclosed.

Thanking you,

Yours faithfully,
K.K.N.Kutty,
Secretary General,

Encl: Charter of demands.
911123016696,23011241(Off.)
91 11 23012095 (Fax)

CHARTER OF DEMANDS

PART – I

1. Take concrete measures to contain Price rise.
2. Take concrete measures for linkage of employment protection with the concession / incentive package offered to the entrepreneurs.
3. Ensure strict enforcement of all basic labour laws without any exception or exemption and stringent punitive measures for violation of labour laws.
4. Universal social security cover for the unorganised sector workers without any restriction and creation of a National Social Security Fund with adequate resources in line with the recommendation of NCEUS and Parliamentary Standing Committee on Labour.
5.  Stoppage of disinvestment in Central and State PSUs.
6.  No Contractorisation of work permanent/perennial nature and payment of wages and benefits to the contract workers at the same rate as available to the regular workers of the industry / establishment.
7. Amendment of Minimum Wages Act to ensure universal coverage irrespective of the schedules and fixation of statutory minimum wage at not less than Rs.10,000/-.
8. Remove all ceilings on payment and eligibility of Bonus, Provident Fund; Increase the quantum of gratuity.
9. Assured statutory Pension for all.
10. Ensure Compulsory registration of trade unions within a  period of 45 days and immediate ratification of the ILO Conventions Nos.87 and 98.

PART – II

1. Revise the wages of the Central Government employees including Gramin Dak Sewaks with effect from 1.1.2011 and every five years thereafter by setting up the 7th CPC.
2. Merge DA with Pay for all purposes with effect from 1.1.2011 including for Gramin Dak Sweaks.
3.  Remove restriction imposed on compassionate appointments and the discrimination on such appointments between the Railway workers and other Central Government Employees.
4. [a] Departmentalise all Gramin Dak Sweaks and grant them all benefits of regular employees; End Bonus discrimination and enhance bonus ceiling to 3500/-; Withdraw open market recruitment in Postman / MTS cadre; Revise cash handling norms; Grant full protection of TRCA; Grant Time Bound Promotion and Medical Reimbursement facility etc.

[b] Regularise the daily rated, contingent, casual workers and introduce a permanent scheme for periodical regularization. Pending regularization, provide them with pro-rata salary at 6th CPC rates.

1. (a) Revive the functioning of the JCM. Convene the meeting of the Departmental Councils in all Ministries/Departments. Settle the anomalies raised in the National Anomaly Committee as also in the Departmental Anomaly Committees. Hold National Council meetings as specified in the JCM constitution. (b) Remove the anomalies in the MACP Scheme.(c) Grant recognition to all Associations/Federations, which have complied with the formalities and conditions stipulated in the CCS(RSA) Rules.
2. Fill up all vacant posts and creates posts n functional requirements.
3. Stop downsizing outsourcing, contractorization, corporatization and privatization of Government functions.
4.  Stop Price rise; Strengthen the PDS.
5.  (a) Stop the proposal to introduce the productivity linked wage system; (b) discard the performance related pay structure;
   (c) introduce PLB in all Departments;
   (d) remove the ceiling on emoluments for bonus computation.
6. Revise the OTA, Night duty allowance and clothing rates.
7. Implement all arbitration awards.
8. Make the right to strike a legal and fundamental right of the Government employees on par with the other section of the working class.
9.  Grant Five promotions to all employees as is provided for in the case of Group-A services.
10.  (a) Withdraw the PFRDA Bill.
    (b) Rescind the decision to allow FDI in pension sector;
    (c) Scrap the new contributory pension scheme
    (d) Extend the existing statutory defined pension scheme to all Central Government employees irrespective of their date of entry in Government service.
11. Vacate all Trade Union victimisation, and more specifically in the Indian Audit and Accounts Department.

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The Consultative Committee members of the Ministry of Labour & Employment have urged the Government to ensure due patronage to the traditional skill while going for the ratification of Conventions adopted by the International Labour Organisation (IlO) on Labour issues, especially in the arena of Child Labour. The members have also called for expediting the cause of providing a minimum pension of Rs. 1000 per month to the EPF beneficiaries as well as to ensure proper registration of workers in the unorganized sectors particularly the construction workers.

The meeting of Consultative Committee of Labour & Employment Ministry which held yesterday evening was convened for providing in insight to the members of the various conventions of ILO as ratified by the Government of India on time to time. Speaking on the occasion, Union Labour & Employment Minister Shri Mallikarjun Kharge who chaired the meeting, said India, a Founding Member of the ILO, has been a permanent member of the ILO Governing Body since 1922. ILO has now expanded its membership to 185 nations. The first ILO Office in India started in 1928. The decades of productive partnership between the ILO and its constituents has mutual trust and respect as underlying principles and is grounded in building sustained institutional capacities and strengthening capacities of partners. It has a two-directional focus for socio-economic development: overall strategies and ground-level approaches.

The Minister said the approach of India with regard to International Labour Standards has always been positive. The ILO instruments have provided guidelines and useful framework for the evolution of legislative and administrative measures for the protection and advancement of the interest of labour. It has always been the practice in India that we ratify a Convention when we are fully satisfied that our laws and practices are in conformity with the relevant ILO Convention. The ILO has so far adopted 189 Conventions and 201 Recommendations. Out of 189 ILO Conventions, India has so far ratified 43 Conventions which includes 4 (four) core or fundamental human rights Conventions.

He said we have ratified 4 core conventions and 3 priority/governance conventions. The 4 core conventions ratified by us are Forced Labour Convention (No.29), Abolition of Forced Labour Convention (No.105), Equal Remuneration Convention (No.100) and Discrimination (Employment Occupation) Convention (No.111), and the 3 priority conventions ratified are Labour Inspection Convention (No.81), Employment Policy Convention (No.122) and Tripartite Consultations (International Labour Standards) (No.144). Even where for certain reasons where we may not be in a position to ratify a Convention, we have generally voted in favour of the Convention reserving its position as far as its future ratification is concerned.

The journey of ILO over the last more than nine decades has been eventful and full of important milestones. However, the primary function of ILO is standard setting and their application. Many of the ILO Conventions are outdated and need to be revised as identified by Cartier Working Party. Even the core conventions have failed to achieve universal ratification due to lack of flexibility. Our concern is that ILO should undertake in-depth analysis to put in place a standards strategy which encourages steps like progressive ratification of a Convention. The choice of topics for future standard setting should be widened according to the requirements of all ILO member states having diverse socio-economic conditions. In the years to come, ILO must maintain its leadership in the subjects related to labour since it has the unique advantage of tripartite structure, transparency and the ability to obtain inputs from real economy, Shri Kharge added.

Shri Kharge said the challenges being faced by the Member states on Ratification and promotion of fundamental and governance ILO Conventions are due to non-conformity with national laws and lack of technical assistance. He said India’s stand is that the process of ratification of these conventions should be a gradual one and adequate time should be given to the Member States for creating favourable conditions for ratification, taking into account the socio-economic realities of each Member state. The link-up of the four Governance Conventions to the Social Justice Declaration should be more of promotional in nature. We should adopt a more pragmatic and realistic approach for ratification and promotion of these conventions through creating awareness, building capacities of the constituents, advocacy, training and technical cooperation.

A power point presentation on the preparedness and attention paid by the Government at the ILO meetings was also presented during the meeting.

The meeting was attended by following MPs: S/Shri Gurudas Dasgupts, R.K.Singh Patel (SP), Ram Sunder Das (JDU), N.Peethambara (INC), Badri Ram Jakhar (INC) and Shri MangalaKisan (BJD). Secretary Labour & Employment Dr. M. Sarangi and senior Officials from the Ministry were present during the meeting.

PIB

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