The letter refers to section 4 of the Trade Union Act 1926 to substantiate the cancellation of the union, which says that only the workers employed by the company are eligible to get union membership.

The conflict arose at auto manufacturing company Bellsonica’s Manesar plant two years ago in 2021, when the Bellsonica Employees Union granted membership to a contractual worker named Keshav Rajput. The union provides two types of membership: an ‘ordinary membership’ to the company employees and an ‘honorary membership’ to a worker from another firm (per the union’s constitution). Rajput was a worker with Bellsonica and joined in as an ‘ordinary member’.

However, the management of the firm sent a letter to the Trade Union Registrar of Haryana and requested the labour department to cancel the union’s registration. Acting upon the letter, the labour commissioner cum registrar sought an explanation from the union in December 2022. The department determined the response of the union ‘unsatisfactory’, prompting the issuance of a formal ‘show cause notice’ to the union.

In response to the show cause notice, the union temporarily suspended the membership of the ‘contractual workers’ and submitted its response. Additionally, these workers filed the contractual workers and then approached the Punjab and Haryana high court against this decision. The matter is still pending in the court currently.

Speaking with NewsClick, Mohinder Kapoor, former president of the Bellsonica Employees Union, who is currently on suspension, stated that the registrar’s decision was ‘unconstitutional’.

“The constitution gives the individual the right to unionise. When the workload and working hours of the permanent and contractual workers are the same, why should there be any difference in the rights of the contractual workers? Who is the labour department protecting here by passing such an order?”

A protest took place in Gurgaon against this decision yesterday. The protest saw the participation of Maruti Suzuki workers across all plants, along with Bellsonica’s current and former (suspended) workers. The protest took place in the form of a rally, at the end of which the workers submitted a memorandum to the district commissioner demanding the registration of the union and a firm action against the trade union registrar.

As reported earlier, a series of protests and suspensions have occurred at the Manesar plant of the Bellsonica firm. In a press conference organised by the workers earlier, they alleged that the company has been trying to dismantle the union for a long time, and the labour department is complicit in the process.

With clients such as Maruti Suzuki, which is also in the Gurgaon industrial belt, Bellsonica is a first-tier vendor in the auto sector.

In addition to 700 permanent employees, the company employs approximately 1,600 contract workers. Additionally, the workers have been planning to challenge this decision in the high court in the coming days.

Courtesy: Newsclick

The post Haryana: Workers Protest Against Labour Dept’s Decision to Revoke Registration of Their Union at Bellsonica appeared first on SabrangIndia.

A joint intervention application has been filed by three trade unions in Supreme Court in connection with a petition that seeks that the court should set aside the government’s order directing private establishments to pay full wages to workers during this lockdown. The applicants, Trade Union Joint Action Committee of Maharashtra, Trade Union Centre of India and the Hind Madoor Sabha, have sought permission, through the application, to respond to the petition as they have fundamental interest in the issues raised therein.

The application, is a response to the Mumbai based textile firm’s plea challenging the Ministry of Home Affairs (MHA) order dated March 29. The order stated that all employers, be it in industry or in shops and commercial establishments, should pay wages to their workers without deduction during the closure. The intention of this order was to prevent the migrant workers to back to their native states during the lockdown.

The petition, which was filed by Nagreeka Exports Limited, challenged the constitutional validity of the MHA order and questioned the reasonability of the order. The petition highlighted that factory owners were going through hardships too and without production taking place, it was virtually impossible for them to continue paying wages to their workers. Hence, it prayed that the order be modified and employers be allowed to pay 50% wages plus Dearness Allowance to the workers.

The application, filed through Advocate Aparna Bhat, states that the MHA order is an effective measure to reduce the burdens of the workers during this lockdown. The trade unions collectively submitted that the contracts of workers clarify that they are entitled to wages for as long as they are employed but it cannot imply that the same will not be adhered to if the employer is unable to provide them with work, and the workers cannot be punished for not being allowed to work.

The application further supports the government’s decision and states that the order only recognizes the rights of the workers to get paid. Contending against the plea of the petitioner, that they be allowed to pay 50% wages with DA, the applicant states that expenses of the workers are constant and in fact tend to increase during lockdown and hence rejected the entertaining scheme and formulae suggested by the petitioner.

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The jolts caused by the anti-worker policies of demonetisation and GST have wreaked havoc on the most marginalised section of workers. Pledging to oust the fascist BJP government at the centre, Santosh Roy, President, AICCTU Delhi said, “The country has witnessed an era of fierce darkness in the last five years- people have been killed on the streets in broad daylight over what they eat and the entire government machinery is deployed for the protection of rioters and those inciting hate. Ambanis and Adanis have got richer, while the masses are suffering because of unemployment and poverty.”

Members of AICCTU asserted that the divisive tactics of the ruling BJP have especially targeted the working class, by creating hatred and inciting violence on the lines of religion, caste, region etc. The condition of workers in the country is going from bad to worse, be it inadequate wages, absence of workplace safety, lack of employment opportunities, non- compliance of labour laws and continued assault on labour laws by the Modi government as well as its blatant clampdown on union activities.

Prior to the release of its charter of demands, the Trade Union conducted an extensive survey in 29 industrial zones across Delhi, including the industrial areas of Okhla, Wazirpur and Bawana among others through a questionnaire. Interviews were also conducted across Delhi to understand the situation of the workers better. More specifically, the survey aimed to understand the status of minimum wages, safety in factories, implementation of the labour laws and guidelines.

The team found blatant abuse and violation of labour laws, through a nexus of labour department-police-factory owners and lesser penetration of Trade Unions. An analysis of the conditions of work revealed that most of the workers were not granted any kind of leave and their overtime wages were not being paid. In some cases only ‘single rate’ was being paid and in some cases, attendance was being manipulated to show false compliance. There was no fixed day for monthly payment of salary. Many workers complained about late payment (after 15th of the month). The survey also recorded that cash payment methods are still rampant, as this obliterates employee-employer relationship. With respect to the Minimum Wages Act, it was found that salary slips were not given in most of the cases and there was no consistency in wages, with a major chunk of over 35% workers being paid only Rs.5,000-6,000 per month, while only a limited section of 7% are getting wages close to Rs. 8,000-9,000 per month.

Increase in pending wages was also noted by the report, from approximately 60% in 2011, to 92% in 2016.

The report also shed light on the growing instances of fire and other accidents pointing towards a complete lack of will to implement important labour laws like The Factories Act, 1948. The report found that in case of fire, workers find it difficult to exit the factory as most don’t have alternative exits and are not made in compliance of the provisions given in the Act. Most factories surveyed did not have more than one exit, as mandated in law. The only route for ingress/egress was often locked to stop workers from taking any kind of break and to cover the illegality of practices going on in the premises. Proper ventilation was not present in most of the factories. It was also found that most surveyed workers did not have Employees’ Provident Fund Organisation enrolment and only a few workers are covered under Employees’ State Insurance.

Given the state of workers the following charter of 13 demands was released by the Trade Union:

1. We demand immediate end to the politics of hate and violence. All people/parties engaging in fanning communal violence must be punished as per the laws of the land.

2. We demand generation of dignified employment opportunities through policy level changes, by putting an end to contractualisation, filling of all government posts and creation of new posts.

3. Control price-rise and make affordable and quality housing, transportation, health and education facilities accessible to all workers. Stop house-rent escalation and roll back Delhi Metro fare hikes. Lower the prices of LPG cylinder, petrol-diesel and CNG.

4. The anti-worker revisions in labour laws like- ‘Fixed term employment’, ‘NEEM- National Employability Enhancement Mission’ National Employment Through Apprenticeship Programme’ must be immediately withdrawn.

5. We demand time bound implementation of notified minimum wages in all industrial areas of Delhi, and increasing the minimum wages to Rs 26,000 per month.

6. Proper survey of all factories should be done, and a database prepared for all industrial areas, detailing the number of different kinds of workmen engaged in the respective establishments.

7. Compulsory registration of Trade Unions within 45 days of application, punishment for factory owners engaging in union-busting and victimisation of union activists. Stop attacks on union rights and make laws to ensure necessary recognition of unions by all factory owners.

8. Regular meetings of the officials/concerned minister(s) with Trade Unions to ensure betterment of workers.

9. Strengthening of Labour Department offices, immediate recruitment of inspectors and prompt disposal of cases of labour law violations.

10. Worker friendly and corruption free labour department.

11. Strict enforcement of labour laws, and amendments to increase penal provisions in existing laws.

12. We demand that women workers be given equal employment opportunities and pay. We also demand an end to all discriminatory rules and behaviour that women workers are subjected to, as well as stopping sexual harassment at workplace as per Vishakha Guidelines.

13. Stop harassment of migrant workers, make policy to ensure proper rights and dignity to all workers. Strictly implement laws meant for welfare of migrant workmen.

Courtesy: Indian Cultural Forum

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