Workers Rights | SabrangIndia News Related to Human Rights Thu, 20 Feb 2025 06:06:59 +0000 en-US hourly 1 https://wordpress.org/?v=6.2.2 https://sabrangindia.in/wp-content/uploads/2023/06/Favicon_0.png Workers Rights | SabrangIndia 32 32 TN: Samsung Workers Continue Protest, Accuse Management of Vindictive Action https://sabrangindia.in/tn-samsung-workers-continue-protest-accuse-management-of-vindictive-action/ Thu, 20 Feb 2025 06:06:59 +0000 https://sabrangindia.in/?p=40231 The union has decided to hold a protest in front of the SIPCOT unit on February 20 and serve strike notice on February 21, if the talks scheduled on February 19 do not bring any positive outcome.

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Labour unrest in the Samsung India Electronics Limited (SIEL) manufacturing facility in Kancheepuram is continuing, with workers holding a sit-in protest that entered its 15th day on February 19, 2025. The protest was launched after the management suspended three office-bearers of the Samsung India Workers Union (SIWU) affiliated to the Centre of Indian Trade Unions (CITU).

The workers are protesting, citing two major issues, namely, the suspension of three union office-bearers on ‘false’ charges and against the company using contract workers in the manufacturing process.

The workers set up a new protest pandal (tent) in front of the manufacturing unit on February 18, as they gear up for a series of agitation programmes against the “illegal measures” of the management and the “inaction” of the labour department of the government of Tamil Nadu.

Family Members Join Protest

On February 17, the workers of SIEL, along with their family members, held a protest in Kancheepuram after the management failed to break the deadlock even after 14 days of the sit-in protest.

The three office-bearers were suspended after they attempted to meet the managing director of the South Korean electronics major during the lunch hour break to appraise him of the “anti-worker policies” pursued by the Indian management.

“After turning away the office-bearers with the promise of arranging a meeting with the MD within 15 days, the management suspended the three office-bearers on February 4 without any show cause notice or enquiry”, E Muthukumar, president, SIWU, and a CITU leader told this reporter.

The union has decided to hold a protest in front of the SIPCOT unit on February 20 and serve a strike notice on February 21, if the talks scheduled on February 19 do not bring any positive outcome.

Attempts to ‘Weaken the Union’

The action of the management to suspend the office-bearers of the union, which was registered by the state labour welfare department after a 38-day strike and 212 days of legal battle, is to weaken the union and form a puppet union, the workers allege.

The management has been accused of forcing the workers, reinstated after the strike, to join the ‘puppet union’ formed by the management by deserting the CITU-affiliated one.

“The management has been compelling the workers to leave the CITU union and join the management-sponsored union. It has even opened an office for their puppet union. This shows their utter disregard to the existing laws”, Muthukumar said.

The union also accused the management of issuing show cause notices to 39 workers alleging that they plan to suspend 15 workers in their “attempt to weaken the union.”

3 Memoranda Submitted to Labour Department

The CITU has submitted three memoranda to the Assistant Commissioner of Labour against the “illegal actions” of SIEL. The management backtracked from the promises made while the previous strike was withdrawn in September 2024, it said.

The management took back the last batch of workers who joined the strike only after 45 days following the withdrawal of the strike, against their promise made in the talks held with the union facilitated by the labour department.

The management also failed to revise the wages within the stipulated time, internally transferred 40 workers and continued to force the workers to desert CITU, all against the promises made, the union alleged.

“The company is now engaging contract workers in the manufacturing process which is against the Factories Act. Even though the labour commissioner has issued a show cause notice, the management has not submitted any explanation. This shows that they do not respect the law of the land”, Muthukumar added.

Labour Welfare Department Faces Criticism

The labour welfare department of the government of Tamil Nadu has come under strong criticism for their “lethargic handling” of the disputes, particularly in the automobile hub across Chennai and Kancheepuram districts.

“The government of Tamil Nadu and the labour welfare department are acting in favour of the big corporates, betraying the interests of the workers. The police too joined hands by resorting to illegal detention of the workers and union leaders during the previous strike. The DMK government must change its policies to ensure the rights of the workers are protected”, Muthukumar said.

Courtesy: Newsclick

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Delhi: Institutionalise ICDS, Say Thousands of Anganwadi Workers in National Convention https://sabrangindia.in/delhi-institutionalise-icds-say-thousands-of-anganwadi-workers-in-national-convention/ Sat, 15 Feb 2025 05:28:12 +0000 https://sabrangindia.in/?p=40158 Workers and helpers demand gratuity as also a hike in payment of honorarium, which was last raised in 2018.

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New Delhi: Thousands of anganwadi workers and helpers assembled in the national capital on Thursday to demand institutionalisation of the Integrated Child Development Scheme (ICDS) and scrapping the plans for its privatisation.

At a national convention of anganwadi workers and helpers at the Talkatora Stadium in the national capital, the workers said it was imminent for government to acknowledge their contribution in keeping children and their mothers healthy, more so after the Supreme Court judgement. They also demanded payment of gratuity to them.

Raising the slogans like ‘Inquilab Zindabad’, ‘Institutionalise ICDS’, the participants also demanded a legislation to ensure right to early childhood care, education and development for children under six with anganwadi centres as nodal agencies. The convention also demanded scrapping of the four labour codes. Rajya Sabha MPs John Brittas, A A Rahim and V Sivadasan, All India Kisan Sabha general secretary Vijoo Krishnan and others too expressed their solidarity at the convention.

Addressing the convention, renowned economist s Utsa Patnaik said pointed out the “deliberate attempts” by successive governments to weaken the ICDS that played an import important role in building a healthy workforce post- Independence. She said that the colonial rule of 200 years meant not only oppression of ordinary citizens, but also the killing of millions in orchestrated famines by restricting access of foodgrains to them.
“At least 10 million people died in Bengal famine in 1770. What must be noted that this famine alone wiped out one third of the entire population of Bengal. Yet, we have very few accounts where the horrors of famine are documented. Similarly, in 1943, Bengal faced another famine, which killed 3 million people. It was the experience of such famines that the governments in post-Independence India resolved to fight hunger and ensure elimination of malnutrition,” she said.

Anganwadi workers at a national convention in Delhi.

Patnaik said three decades of the new economic policy had brought a similar situation that was existing in 1947 in terms of per capita foodgrain consumption.

“This grim situation arrived because governments revoked the protections enjoyed by common farmers and workers. Our governments signed free trade agreements with many countries. In international markets, prices of foodgrains are very volatile. Earlier, we could not export foodgrains until our demands under the Public Distribution System (PDS) were met. Now, with the protections revoked, our traders can export without fulfilling domestic demand and that results in shortfall of foodgrains,” she added.
In her address, A R Sindhu, national secretary, Centre of Indian Trade Unions (CITU) said it was the anganwadi workers who know that the country may face a similar situation like the famine in 1770 if the problem of malnutrition and hunger is not prioritised.

“Our Prime Minister is visiting every country to declare that we have become a global leader, whereas we are working with empty stomachs and our children are malnourished and stunted. Anaemia among mothers has increased by 8% in past three years,” she said, adding that ICDS was going to complete 50 years this year and there had to be an evaluation “if we need a more comprehensive scheme to ensure proper nutrition of our children.”

“Our budget has been cut year-on-year. The last increase in allocation toward payment to anganwadi workers and helpers was in 2018. Similarly, the last increase toward procurement of ration in anganwadi centres was in 2017,” Sindhu said.

The CITU leader said, “without ICDS, our children can’t stand on their feet. Around eight lakh children died due to malnutrition. In other words, 20,500 children are dying each day due to malnourishment. This is not my data. It has been provided by the government. So, we must understand the importance of this scheme.”

Highlighting the exploitation of anganwadi workers by the governments, Sindhu said, “If they need assistance in collecting the data for Census, we would be summoned. If they need to count cattle, we will be called. For any survey, we may be summoned. We are even being told to manipulate the data through Poshan tracker. In Covid, everyone received ration through PDS. Now they (government) are hell bent on denying ration to people. If your Aadhaar is not linked to your ration card, you may be denied ration. Your photo has to be clicked with GPS location and uploaded on this tracker. You have to click the photo of a three-month child and after three months, if child’s face is not recognised by the software, the beneficiary may be denied ration and the workers’ salary may also be cut. This is why we need to fight.”

Sharing her experience of the working conditions, Sangeetaben Dave, who came from Rajkot in Gujarat, told NewsClick that anganwadi workers of the state fought a long legal battle to secure their gratuity. However, the struggle was now concentrated on ensuring minimum wages.

“The Gujarat High Court has told the state government to pay us gratuity. The payment of gratuity automatically recognises us as full-time workers, not scheme or contract workers. Thus, we are demanding a full-fledged salary of Rs 26,000 per month. Officially, we work for six hours a day. However, our sisters work round the clock, from filling the registers to uploading the data for every assigned task. If you are taking the work of a full-time workers, why are you not paying us the salary?” she added.

When asked about their honorarium, Dave said ICDS was sponsored by both the state government and the Union government. “The Gujarat government has increased our remuneration but the Centre has not increased a single penny after 2018. (Prime Minister) Modi ji talks about women’s empowerment but he is depriving us of our rightful dues. They depute us in Census and election duties. They even summon us to fill the stadium when PM Modi visits the state.” She added.

Kashi Vishwakarma, who came from Katni, Madhya Pradesh, said workers were concerned over privatisation of the scheme.

“The government had announced five years ago that the nutritious supplementary material in Madhya Pradesh will be provided by self-help groups and women’s cooperatives. However, it is supplied through a big company in Devas. Big NGOs have been handed over the contract to supply the cooked material. The entire exercise is defeating the purpose of empowering women,” she added.

Courtesy: Newsclick

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Samsung workers end strike but the core issue of recognition of unions’ remains https://sabrangindia.in/samsung-workers-end-strike-but-the-core-issue-of-recognition-of-unions-remains/ Mon, 04 Nov 2024 12:11:47 +0000 https://sabrangindia.in/?p=38592 Mediated by the Tamil Nadu labour department, workers at Samsung’s factory in Sri Peramabadur, Chennai, ended a month-long strike after reaching a deal with the company. Around 1,500 employees had begun the strike on September 9, demanding higher wages, better working conditions, and recognition of their newly formed union, the Samsung India Labour Welfare Union […]

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Mediated by the Tamil Nadu labour department, workers at Samsung’s factory in Sri Peramabadur, Chennai, ended a month-long strike after reaching a deal with the company. Around 1,500 employees had begun the strike on September 9, demanding higher wages, better working conditions, and recognition of their newly formed union, the Samsung India Labour Welfare Union (SILWU). Earning an average of ₹25,000 per month, workers sought a gradual raise to ₹36,000 over three years. Many also reported being made to work beyond their nine-hour shifts without proper overtime pay and being denied leave. Though Samsung did not officially recognise the union, the company agreed to address other issues raised by the employees, which led to the strike’s conclusion. As part of the agreement, the state’s industries minister confirmed that no worker would face retaliation for participating in the strike; and workers too agreed to refrain from activities that harm the interests of management. Samsung later reinforced this position, affirming its commitment to make their Chennai factory ‘a great place to work.’ The strike, one of the largest in recent memory for Samsung, highlighted an issue that has not been addressed by any political party other than the Left parties-the liberalising of the Labour market. In the first half of 2023, Tamil Nadu assembly had passed a bill that would allow a 12-hour workday in case of  four day work week being adopted by the employees-a move that would have had devastating results for the unorganised contract workers in many factories. Due to pressure from the labour unions, that was put on hold.

The shift in response to demands from workers

According to Justice Chandru, a former judge and a unionist before he became a judge, in an interview with The News Minute, labour relations in Tamil Nadu have significantly shifted over the past decades. He recalled how in 1968, under C.N. Annadurai, the DMK government remained neutral in labour disputes, instructing police not to interfere. However, after Annadurai’s death, the DMK became more involved by aligning with its own labour wing under M. Karunanidhi’s leadership. He added that later governments, including those of MGR and Jayalalithaa, adopted more repressive measures such as banning strikes and using police force against workers. Justice Chandru opined that an understanding between the government and multinational companies has led to lax enforcement of labour laws, citing an instance where a Korean company was promised no unions would be allowed in its factory. He criticised the current Tamil Nadu government’s handling of the Samsung strike, arguing that their approach mirrored the BJP’s, despite ideological opposition. Furthermore, he emphasised that collective bargaining, once a strong workers’ right, has been reduced to “collective begging,” with labour disputes often delayed in courts, leaving workers without timely justice.

From ‘registration but not recognition’ to ‘neither registration nor recognition’

Trade Unions are supposed to be registered under the Trade Unions Act, 1926 and the workers had alleged that there has been a deliberate delay in registering the union. Usually, the cases used to such that a registered trade union is not recognised by the management for bargaining process, but the Samsung case presents another hurdle for the unions.

One of the core demands of the workers in the Samsung factory strike was the formal recognition of the Samsung India Labour Welfare Union (SILWU), a request the company refused to fulfil. Union recognition is a critical issue that managements often use to suppress worker demands, as companies can deny un-recognised unions the authority to represent workers, weakening their ability to bargain collectively.

The Industrial Disputes Act, 1947 prohibits Unfair Labour Practices. Section 25T of the Act states that no employer or workman or a trade union, whether registered under the Trade Unions Act, 1926 or not, shall not commit unfair labour practices. Section 25U of the Act imposes a punishment for violation of Section 25T—up to 6 months imprisonment or with fine which may extend to Rs.1, 000 or both.   The Fifth Schedule of the Act lists of Unfair Labour practices and within this, refusing to bargain collectively in good faith with the recognised trade unions is also present. Therefore, if companies recognise a union, they will have to bargain with it and failure to do so is punishable.

The complexities surrounding union recognition in India are deeply rooted in the country’s legal framework. While Article 19(1) (c) of the Constitution guarantees the right to form associations or unions, there is no specific provision mandating formal recognition of trade unions by employers. Recognition is a key step that allows unions to engage in collective bargaining, enabling them to negotiate for workers’ interests effectively and maintain stable industrial relations.

However, a clear distinction exists between registration and recognition. The Trade Unions Act of 1926 outlines a process for the registration of trade unions, granting them legal status and certain protections. Despite this, registration does not automatically lead to recognition by employers. Recognition, unless mandated by specific state laws, is generally left to the discretion of employers, creating a fragmented system that allows management to influence and delay the process, further eroding the bargaining power of the unions.

Some states, like Maharashtra, have attempted to address this issue with laws such as the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971, which governs union recognition and aims to protect workers from unfair labour practices. Other states, including West Bengal, Kerala, and Odisha, have established procedures for union recognition, which can involve secret ballots or membership verification. In some of these legislations, the applicant trade unions need to have not less than 30% of the membership of the establishment and apply for a recognition by the Industrial Court.

Various methods, such as the check-off system (where union fees are deducted from workers’ wages via authorisation from the worker) and secret ballots (as supported by the Supreme Court in Food Corporation of India Staff Union vs. Food Corporation of India, 1995 AIR SCW 1288), are used to determine union representation. However, the absence of a uniform national law leaves recognition vulnerable to manipulation, allowing employers significant leverage in the process. The Code of Discipline, adopted in 1958, serves as a voluntary set of guidelines for maintaining industrial discipline. The Code includes criteria for union recognition, but it is not legally binding

This lack of clarity and consistency in the legal framework creates challenges for unions, leaving them unable to fully represent their members’ interests, thus weakening their influence and reducing workers’ ability to organise effectively.

Conclusion

In the Samsung workers’ case, the government allegedly delayed the registration of the Union in the first place under the Trade Union Act, 1926 thus attracting the ire of the protesting workers.

To conclude, the right to strike in India is not a fundamental right, nor is there a clear legal guarantee for the recognition of trade unions. Both remain largely at the discretion of employers, leaving room for management to suppress workers’ collective bargaining power. This lack of recognition can hinder workers from effectively voicing their concerns or negotiating better terms.

There is a pressing need for laws that establish clear guidelines for mandatory recognition of trade unions. Currently, while the Trade Union Act, 1926 provides for the registration of unions, it does not ensure their recognition by employers. Without a legal obligation to recognise unions, employers often have significant leeway to deny representation, as seen in cases like that of Samsung. A national framework in the form of Industrial Relations Code, 2020 has been proposed in which there were powers to the Union government to frame rules for Union Recognition but the Act has not been implemented yet.  The solution could also like bringing legislations similar to state-level acts like the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971, which could provide a more uniform approach across India, reducing the ability of employers to exploit the lack of recognition.

However, these issues must be understood in the context of the Directive Principles of State Policy (DPSPs), which, though not enforceable in court, provide a guiding framework for governance. Articles 39 and 43 of the DPSPs emphasize fair distribution of resources and securing living wages for workers, underscoring the need for mechanisms that support workers’ rights, including the right to strike.

The Supreme Court in All India Bank Employees’ Association v. National Industrial Tribunal (1962 AIR 17), held that the right to form a union comes under the ambit of the right to form an association under Article 19 (1) (c). There have also been instances of judicial interpretation, such as in Kameshwar Prasad v. State of Bihar (1962 AIR 1166), where the right to protest was protected but the court refused to declare Right to Strike as a fundamental right. This suggests that strikes, as a form of collective demonstration, may find indirect support in constitutional protections for free speech and assembly but not a direct one.

Ultimately, without robust legal guarantees for union recognition, workers will continue to face barriers in advocating for their rights. Aligning labour laws with the principles laid out in the DPSPs would provide greater protection for workers and strengthen their ability to organize, ensuring that they can not only form unions but also have those unions recognised and respected by employers.

(The author is part of the organisation’s legal research team)

Related:

Victory for Samsung workers in Tamil Nadu: A hard-fought struggle pays off, brings key wins

TN: Samsung Workers Continue Strike, Demand Union Recognition

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Victory for Samsung workers in Tamil Nadu: A hard-fought struggle pays off, brings key wins https://sabrangindia.in/victory-for-samsung-workers-in-tamil-nadu-a-hard-fought-struggle-pays-off-brings-key-wins/ Fri, 18 Oct 2024 07:56:00 +0000 https://sabrangindia.in/?p=38300 In a hard-fought 37-day strike, Samsung workers secured better wages and conditions, overcoming state repression and pro-corporate actions aimed at silencing their movement, as the fight for full union recognition continues

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After over a month of intense protests, workers at Samsung Electronics’ factory in Tamil Nadu, India, have emerged victorious in their fight for better wages, working conditions, and the recognition of their union. The strike, which began on September 9, was led by the Samsung India Labour Welfare Union (SILWU), supported by the Centre of Indian Trade Unions (CITU). While the registration of their newly-formed union remains sub judice, the workers’ persistence forced Samsung to agree to several of their demands. And with the same, the workers brought an end to their protest on October 15, 2024.

The Tamil Nadu government, initially unwilling to respond to the growing unrest, eventually intensified efforts to mediate between the workers and the management. This culminated in a tentative settlement, ending the 37-day strike. Samsung committed to engaging with the workers’ demands and promised no punitive action against those who participated in the strike. For the workers, this was a significant step forward, even though full recognition of their union is yet to be achieved.

“We are really happy,” said a 34-year-old Samsung worker while speaking to Frontline, “though we would have been happier if the government had given us the registration number. But we are assured that we will win the case in court.”

The genesis of the strike: Union recognition and better conditions

The root cause of the strike was the workers’ demand for Samsung to recognise their union, Samsung India Workers Union (SIWU). This demand was central to their hopes of securing better wages and working hours. Multinational companies like Samsung often shy away from recognising independent unions, preferring to deal with internal unions that remain under the management’s control. According to labour rights activist Akriti Bhatia, many such companies in India sidestep labour laws, which allow workers the right to association and collective bargaining.

Samsung, like other multinational firms, has been reluctant to recognise unions backed by external political bodies like CPI(M)-affiliated Centre for Indian Trade Unions (CITU), fearing that such associations could disrupt operations. A source within Samsung earlier stated that while the company supports unions, it does not engage with those backed by third-party organisations.

Notably, the protesting workers’ demands extended beyond union recognition. They sought higher wages, better working conditions, medical insurance, and improvements in workplace facilities. The factory, located in the industrial hub of Sriperumbudur near Chennai, employs nearly 2,000 workers and is one of two Samsung plants in India. The facility plays a critical role in Samsung’s operations, contributing around a third of the company’s $12 billion annual revenue in India through the production of home appliances as per a report of The Quint.

 The role of the state and political implications

The strike posed a significant challenge to Tamil Nadu’s ruling Dravida Munnetra Kazhagam (DMK) government, which initially took a passive stance on the issue. As the strike entered its second month, concerns grew about the political and economic fallout. The strike’s timing was particularly sensitive, coinciding with Chief Minister M.K. Stalin’s international tour aimed at attracting foreign investment to the state. The pro-business image of Tamil Nadu was at risk, especially since Samsung is a major foreign investor.

Despite its political alliance with CITU, the DMK government struggled to find the right approach. For much of the strike, key ministers failed to engage directly with the workers, and efforts to resolve the issue were handled through bureaucratic channels rather than direct political intervention. The state’s reliance on these channels, without a clear political strategy, only contributed to the deadlock.

It was only after sustained pressure that the government ramped up its efforts to broker a resolution. Chief Minister Stalin instructed senior ministers to intervene, and negotiations involving multiple ministries—including Labour Welfare, Industries, and Public Works—were held. These efforts eventually led to a breakthrough, though not without setbacks along the way.

Amidst the hard-fought struggle of Samsung workers in Tamil Nadu, one of the most disturbing aspects of the protest was the detention of several workers who participated in the strike. As the workers stood firm in their demands for better wages, union recognition, and improved working conditions, their rights to peacefully protest and voice their grievances were met with state repression. The detention of these workers not only highlights the broader challenges faced by labour movements in India but also underscores the precarious state of workers’ rights in the face of corporate and state interests.

The crackdown: Arrests and disbanding of protest camps

As the strike reached its second month, the tensions between the workers and the management escalated, with the Tamil Nadu government coming under increased pressure to resolve the issue. Instead of supporting the workers’ cause or facilitating meaningful dialogue, the state resorted to heavy-handed measures, including the arrest of workers and the dismantling of their protest camps.

On October 9, after the Tamil Nadu government prematurely announced that the strike had been resolved, a group of Samsung workers who were part of the protest refused to accept the terms of the settlement. These workers argued that the agreement had been signed by employees who were not part of the striking group, thus undermining the legitimacy of the resolution. In response, state authorities moved in to break up the protests, leading to the detention of several workers.

Police arrested more than a dozen workers, including prominent union leaders, as they attempted to stifle the ongoing protest. Law enforcement officials also forcibly removed the tents set up by workers outside the factory in Sriperumbudur. This aggressive approach to silencing the workers’ voices drew widespread condemnation from labour unions, political allies, and human rights organisations, all of whom decried the violation of the workers’ constitutional rights.

The detention of the workers was not merely an administrative action—it was a blatant trampling of their fundamental rights. Article 19(1)(a) of the Indian Constitution guarantees the right to freedom of speech and expression, while Article 19(1)(c) protects the right to form associations and unions. By arresting workers who were exercising their right to peaceful protest, the state infringed upon these constitutional guarantees, aligning itself with corporate interests rather than protecting the rights of its citizens.

This crackdown on Samsung workers mirrored a troubling pattern in India, where labour rights and peaceful dissent are increasingly being met with state repression. Over the past few years, protests by workers, farmers, and activists have often been quelled through the use of arrests, intimidation, and, in some cases, outright violence. The situation involving Samsung workers in Tamil Nadu is yet another example of how the state can prioritise economic interests and corporate pressure over the rights and welfare of its citizens.

Akriti Bhatia, a labour rights activist, commented on the situation and told Frontline that “This is yet another case where the state machinery is used to suppress the demands of workers. Instead of addressing the genuine concerns of labourers and ensuring compliance with labour laws, the government is using force to dismantle legitimate movements.”

Solidarity in many forms was shown:

One also cannot forget the role of multinational corporations and complicity of the state in choking the voices of the people protesting for dignity and rights. The detention of Samsung workers also highlighted the influence multinational corporations wield over local governments. In their quest to maintain operations without disruptions, companies like Samsung exert immense pressure on state authorities to curb dissent and maintain a “pro-business” environment. This pressure often manifests in the form of government action against workers who dare to challenge these corporations. For Samsung, which plays a key role in Tamil Nadu’s industrial sector, a prolonged strike posed not just a financial threat but also a reputational risk. The state’s pro-business image was on the line, and the DMK government’s initial reluctance to intervene aggressively can be seen as an attempt to maintain its investor-friendly facade. However, as the strike dragged on, the government resorted to coercive measures, leading to the detention of the workers.

The actions of the state during this strike raised critical questions about the role of governments in protecting workers’ rights. In theory, the government should be a mediator between labour and capital, ensuring that workers are treated fairly and that laws are upheld. However, in practice, the government’s actions in Tamil Nadu revealed a deeper complicity with corporate interests, as it attempted to suppress the legitimate demands of the workers instead of addressing their grievances. 

International Labour Standards and the Need for Accountability

The detention of workers during the Samsung strike is not just a domestic issue—it also reflects poorly on India’s adherence to international labour standards. India is a signatory to several International Labour Organisation (ILO) conventions, including those that protect the rights to freedom of association and collective bargaining. The state’s actions during the Samsung strike violated these international commitments, casting doubt on its commitment to upholding basic labour rights.

In recent years, India has positioned itself as a key player in the global manufacturing supply chain, with companies like Samsung, Apple, and Foxconn establishing major operations in the country. While these companies contribute significantly to India’s economy, they also bear responsibility for ensuring that their workers are treated fairly and that labour laws are followed. The crackdown on Samsung workers during this strike is a stark reminder that corporate social responsibility must extend beyond profit margins and production goals. 

A Call for Justice

The release of detained workers and the cessation of legal action against them was one of the key conditions in the eventual settlement between the workers and Samsung. However, the fact that these detentions occurred in the first place serves as a chilling reminder of the risks workers face when standing up to powerful corporations. For many of the Samsung workers, the fear of reprisal remains, even as they prepare to return to work.

Labour rights activists and political allies have called for greater accountability in the aftermath of the strike. They are demanding that the Tamil Nadu government ensure that no further punitive action is taken against the workers and that steps are taken to address the broader issue of labour rights violations in the state. Additionally, they are calling on multinational corporations like Samsung to adopt more transparent and accountable practices when dealing with labour disputes.

For the workers of Samsung’s Sriperumbudur plant, their struggle has not ended with the resolution of the strike. While they have achieved several key concessions, including improved working conditions and a commitment from the company to engage with their demands, the fight for union recognition continues. More importantly, the fight for dignity and respect in the workplace, free from state repression and corporate exploitation, is far from over.

Frontline shared the words of one worker who was detained during the strike, who had said “We only asked for what is fair. We didn’t expect to be treated like criminals for standing up for our rights.”

Resolution and the Road Ahead

By October 16, both sides reached a settlement. Samsung agreed to meet most of the workers’ key demands, except union recognition, which remains under judicial review. In return, the workers agreed to return to work on October 17 and cease all protest activities. Crucially, Samsung assured that no action would be taken against workers who had participated in the strike.

Samsung, in a statement, welcomed the decision to end the strike, saying, “We will not take action against workers who merely participated in the illegal strike. We are committed to working closely with our workers to make the Chennai factory a great place to work.”

The strike, one of the largest the South Korean technology giant has faced in recent years, also holds broader implications for India’s manufacturing landscape. Prime Minister Narendra Modi’s government has been positioning India as a viable alternative to China for global manufacturing activities. The Samsung strike, along with other labour movements in the region, including a one-day strike by workers at an Apple supplier in Tamil Nadu, underscores the importance of addressing labour rights and working conditions as India seeks to attract more foreign investment.

Earlier this year, unionised workers in South Korea staged a massive strike over pay and benefits, which added further pressure on Samsung. Meanwhile, in India, workers at a Foxconn facility in Tamil Nadu, a major assembler of Apple iPhones, also went on strike, demanding union recognition and better working conditions. These incidents reflect the growing assertiveness of workers in the face of multinational corporations that seek to maximise productivity while minimising costs.

As the dust settles on the Samsung strike, the workers’ struggle stands as a testament to the power of collective action, even in the face of multinational corporations. While the road to full union recognition may still be long, the workers of Samsung’s Sriperumbudur plant have demonstrated their resolve and ability to bring about meaningful change.

In the end, the Samsung workers’ strike in Tamil Nadu marks a significant chapter in the ongoing struggle for labour rights in India’s rapidly expanding industrial landscape. While much work remains to be done, the victory at Samsung offers hope for workers in other sectors and sets a precedent for future labour movements across the country.

 

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TN: Samsung Workers Continue Strike, Demand Union Recognition https://sabrangindia.in/tn-samsung-workers-continue-strike-demand-union-recognition/ Fri, 27 Sep 2024 04:50:44 +0000 https://sabrangindia.in/?p=38019 According to CITU, Samsung spends less than 0.3% of its annual production value in India on labor costs, and has operated in the country for 16 years without any union.

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Samsung Workers in Sriperumbudur near Chennai in India’s southern state of Tamil Nadu have been on strike for over two weeks, withstanding threats from management and attacks by the security forces. According to the Centre of Indian Trade Unions (CITU) out of the 1,800 total employees in the factory, over 1,300 have been participating in the strike led by the Samsung India Workers Union (SIWU).

Workers are demanding wage revisions and increases, better working conditions, and recognition of their union SIWU, which has been delayed due to objections raised by the company.

The protest started at Echoor, at least a kilometer away from the Samsung plant at Sriperumbudur on September 9 after management failed to respond to the strike notice served by the workers in August.

The Samsung India Electronics Private Limited was established in 2007, and has operated without a union since then. The factory in Sriperumbudur is one of the two factories Samsung has in India. The factory makes Samsung’s electronic appliances.

Workers have complained of mistreatment and discrimination by the management. The factory presently has a nine hour workday and SIWU has demanded it be reduced to eight hours. They are also demanding a raise in various allowances and the equalization of wages for workers with the same qualifications and duties. Workers at the factory have also raised the issue of not being permitted to properly use their sanctioned leaves from work.

CITU, one the largest trade union organizations in India with over four million members, claims that Samsung has failed to address the basic demands of their workers, including concerns over low wages. CITU claims that the company spends less than 0.3% of its total annual production value on labor costs.

The workers highlight that even after a decade of experience at the plant, most of the workers earn less than Rs 30,000 (USD 359) per month, not enough to cover their basic needs and the cost of living.

The SIWU was formed in July 2023, with over 1,400 workers of the unit. E Muthukumr, the union’s president, claims the membership has now increased to over 1,700. However, its registration was delayed after an objection was raised by Samsung management. The management objects to the company’s name being used in the name of the union.

The delay is more than double the stipulated time limit of 45 days set up to process such applications under the Indian union act. Management has refused to talk to the union and objected to its registration. Instead, it has forced some workers to become members of a “workers committee” constituted by management. It has conducted some talks with the committee which, SIWU claims, has no legal validity.

Samsung uses threats to break the strike

On September 16, over 100 SIWU workers were detained by police after attempting to march to the district collectors office in support of their demand for registration of the union.

On Monday, management claimed more workers joined the workforce. However, according to the SIWU, 80% of production at the factory has been impacted due to the strike.

After failing to win over the workers utilizing tactics such as sending gifts, last week, Samsung management sent a notice to workers invoking its “no work, no pay” stance. However, workers have claimed that management cannot declare their strike illegal and withhold their wages as the call for the strike is in line with the law.

The workers had presented their demands to management in July, and after they failed to get a positive response, they gave the notice for their strike in August, as required by law.

Several other unions have extended support to Samsung workers.

Sriperumbudur is an industrial town near the capital Chennai. CITU claims the delay caused by the Samsung management to address the genuine demands of the workers has already stirred workers in other nearby factories, as they have held solidarity gate meetings last week.

The National Samsung Electronics Union (NSEU) in South Korea, which conducted Samsung’s first ever strike in July has extended its support to the demands raised by striking workers in the Tamil Nadu plant

Soundarajan, president of the Tamil Nadu section of CITU, questioned the arrest of workers by the police last week, asserting that forming a union is not a crime. Talking to the press, he warned that if the government does not change its stance on the issue of unionization at Samsung, CITU will launch a statewide movement against it.

The state government has initiated a reconciliation between the union and the management on Tuesday, September 24. A CITU leader told Peoples Dispatch that they are hopeful that Samsung management will agree to the union’s demands.

Courtesy: Peoples Dispatch

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Thousands of NREGA workers urge Modi to resume work in West Bengal, contribute to State Budget https://sabrangindia.in/thousands-of-nrega-workers-urge-modi-to-resume-work-in-west-bengal-contribute-to-state-budget/ Thu, 26 Sep 2024 05:35:04 +0000 https://sabrangindia.in/?p=38002 In a compelling display of unity, more than 4,700 NREGA (Mahatma Gandhi National Rural Employment Guarantee Act 2005) workers from across India have reached out to Prime Minister Narendra Modi, calling for an immediate resumption of NREGA work in West Bengal. This collective action follows the Central Government’s suspension of NREGA funding for the state […]

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In a compelling display of unity, more than 4,700 NREGA (Mahatma Gandhi National Rural Employment Guarantee Act 2005) workers from across India have reached out to Prime Minister Narendra Modi, calling for an immediate resumption of NREGA work in West Bengal.

This collective action follows the Central Government’s suspension of NREGA funding for the state in December 2021, citing Section 27 of the Act. This decision has resulted in a complete halt to NREGA projects and has left workers without wages for nearly three years.

As part of a nationwide postcard campaign orchestrated by the NREGA Sangharsh Morcha, workers from various states have not only penned letters to the Prime Minister but also contributed one rupee each towards West Bengal’s NREGA budget.

The postcards directed to PM Modi carry a clear and assertive message: “If the Union Government cannot allocate the NREGA budget for West Bengal, we, the workers of India, will fund it ourselves. We demand an immediate resumption of NREGA work in West Bengal.”

On August 5, 2024, a 15-member delegation representing various worker unions met with Shailesh Kumar, Secretary for Rural Development, advocating for the urgent release of funds and the renewal of NREGA work in West Bengal.

The delegation voiced concern that, despite the more than two-and-a-half year freeze, there has been no substantial investigation into the alleged irregularities that prompted the suspension, nor has accountability been established for the ongoing disruption.

Worker representatives have also engaged with key political figures, including Members of Parliament like Dr. V. Sivadasan and Amra Ram, pressing them to address the issue in Parliament.

The situation for workers has been dire, marked by forced migration, rampant hunger and malnutrition, rising suicide rates, and increasing poverty among vulnerable rural households in West Bengal, says an NREGA Sangharsh Morcha statement. Despite ongoing outreach to the Union Minister for Rural Development, workers have not yet secured a meeting, deepening their frustration amidst a backdrop of alleged administrative irregularities and governmental inaction.

In response to the escalating crisis, the Calcutta High Court intervened in April 2024, establishing a four-member committee to examine the legitimacy of prior NREGA work in West Bengal, following a petition from Paschim Banga Khet Mazdoor Samity (W.P.A. (P) 237 of 2023).

According to NREGA Sangharsh Morcha, while the court’s establishment of an investigative committee is a positive step, it should not come at the expense of the rights of millions of workers unfairly denied their right to work. The suspension effectively penalizes innocent workers for past alleged irregularities.

In September 2024 alone, over 3,500 demand applications for work were recorded in West Bengal, highlighting the urgent need to resume NREGA activities it added. However, the Central Government’s failure to release funds has meant that these demands are being addressed through a state-sponsored employment programme, ‘Karmashree.’

On September 23, 2024, around 100 NREGA workers, led by the Paschim Banga Khet Mazdoor Samity, staged a ‘Gherao’ demonstration at the BJP state headquarters in Kolkata. Although no senior officials attended the protest, the office assured attendees that their concerns would be addressed at an upcoming BJP state committee meeting. This protest in Kolkata is part of a wider mobilization across the nation.

On Sunday, September 28, 2024, hundreds of NREGA workers from Jharkhand, Chhattisgarh, West Bengal, Bihar, and Odisha will converge in Ranchi for a mass protest, NREGA Sangharsh Morcha declared. Gathering at Raj Bhawan at 11 am, these workers aim to demand the Centre reverse its anti-labour, anti-poor policies and uphold the true intent of MGNREGA.

Courtesy: CounterView

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Unified Pension Scheme is a Policy to Loot Employees’ Savings: AIPF https://sabrangindia.in/unified-pension-scheme-is-a-policy-to-loot-employees-savings-aipf/ Fri, 30 Aug 2024 07:59:00 +0000 https://sabrangindia.in/?p=37548 UPS is also against SC/ST/OBC employees who generally enter service at the age of 40 due to age relaxations and can only complete 20 years of service by retirement age, said AIPF chief S R Darapuri.

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New Delhi: Demanding restoration of the Old Pension Scheme (OPS), the All-India Peoples’ Front (AIPF), headed by social activist and former top cop, S R Darapuri, has said the new Unified Pension Scheme (UPS) is a “policy to loot” people’s retirement savings.

In a statement, AIPF said the by introducing UPS, the government was planning to “seize the entire amount contributed by employees.”

“The Unified Pension Scheme does not mention any provision for Dearness Allowance (DA) on the pension amount at the time of retirement. Inflation indexing or Dearness Relief will be provided after receiving the assured pension. The government has also stated that, in addition to gratuity, employees will receive a lump sum payment at the time of retirement. This lump sum will be calculated based on 10% of their final salary, including DA, multiplied by the number of half-year periods of their service. For example, if an employee’s service period is 25 years and their final salary is ₹1 lakh, they will receive a lump sum payment of ₹5 lakh (₹10,000 multiplied by 50 half-year periods). However, the scheme is silent on what will happen to the employees’ 10% contribution and the government’s 18.5% contribution made during their service. It is well known that there was no such contribution under the Old Pension Scheme. Even under the New Pension Scheme, 60% of the contribution was paid to employees at the time of retirement. But in this new scheme, there is no provision for receiving the contributed amount,” said the statement by Darapuri.

Read the full statement below:

At the time of India’s independence, the ruling class adopted the concept of a welfare state as a policy for governance. The government was responsible for various dimensions like education, health, employment, and social security. Under this, the government accepted a non-contributory pension scheme for employees to ensure a respectable life post-retirement. In this Old Pension Scheme, employees were not required to contribute any amount, and after completing 20 years of service, they were entitled to receive 50% of their last drawn salary as a pension. After the employee’s death, 60% of this pension would be provided to their family. Additionally, employees could contribute to the General Provident Fund (GPF) during their service period, which would be returned with interest upon retirement. They were also entitled to gratuity payments.

With the introduction of new economic and industrial policies in 1991, the government began to shirk its responsibilities as a welfare state. Gradually, the benefits available to workers and employees were systematically reduced. In 2004, the NDA government led by Atal Bihari Vajpayee abolished the Old Pension Scheme and introduced the New Pension Scheme (NPS). In this scheme, the employees’ contribution was set at 10%, and initially, the government also contributed 10%, which was later increased to 14%. At retirement, employees received 60% of the total accumulated amount, and the remaining 40% was invested in the stock market, from which pension was drawn as dividends. This scheme led to many employees receiving a pension of less than ₹5,000. Naturally, this created significant dissatisfaction among employees, which became a major issue during the Lok Sabha and preceding Assembly elections. State governments in Rajasthan, Chhattisgarh, Punjab, and Himachal Pradesh promised to restore the Old Pension Scheme, though the BJP government in Rajasthan later withdrew it after coming to power.

The BJP and RSS government understands that it cannot continue to rule the country for long by alienating the employees. Therefore, the Modi government formed a committee under Finance Secretary T. V. Somanathan to reform the New Pension Scheme. However, the committee chairperson outright rejected the implementation of the Old Pension Scheme, citing it as a significant financial burden on the government.

Nevertheless, the Modi government announced the Unified Pension Scheme (UPS) on August 24, 2024. This scheme provides that retired employees will receive 50% of their basic pay from the last 12 months of service as a pension. However, this is only applicable if the employee completes 25 years of service. Families of employees who meet this service period and subsequently pass away will receive 60% of the pension as a family pension. In contrast, the Old Pension Scheme required only 20 years of service. This new provision is entirely against the interests of employees from Scheduled Castes, Scheduled Tribes, and Other Backward Classes, as these groups generally enter service at the age of 40 due to age relaxations and can only complete 20 years of service by the retirement age of 60, thus not qualifying for the full benefits of this pension scheme. Additionally, the scheme sets a minimum pension of ₹10,000 for those who complete 10 years of service.

The Unified Pension Scheme does not mention any provision for Dearness Allowance (DA) on the pension amount at the time of retirement. Inflation indexing or Dearness Relief will be provided after receiving the assured pension. The government has also stated that, in addition to gratuity, employees will receive a lump sum payment at the time of retirement. This lump sum will be calculated based on 10% of their final salary, including DA, multiplied by the number of half-year periods of their service. For example, if an employee’s service period is 25 years and their final salary is ₹1 lakh, they will receive a lump sum payment of ₹5 lakh (₹10,000 multiplied by 50 half-year periods). However, the scheme is silent on what will happen to the employees’ 10% contribution and the government’s 18.5% contribution made during their service. It is well known that there was no such contribution under the Old Pension Scheme. Even under the New Pension Scheme, 60% of the contribution was paid to employees at the time of retirement. But in this new scheme, there is no provision for receiving the contributed amount. The government has used the Unified Pension Scheme to seize the entire amount contributed by employees.

The argument that the government lacks resources to restore the Old Pension Scheme is baseless. This country does not lack resources; if appropriate taxes are levied on corporate and super-rich individuals, sufficient resources can be generated to implement the Old Pension Scheme for employees. This would also ensure the right to education, health, and employment. AIPF has also demanded that the benefits of social security be extended to workers in the unorganized sector and has appealed to employee organizations to support this cause. The AIPF National Executive Committee has expressed solidarity with the employees and organizations fighting for the right to the Old Pension Scheme and has demanded that the government restore the Old Pension Scheme instead of introducing schemes like UPS.

On behalf of the AIPF National Executive Committee,

S. R. Darapuri, National President, All India Peoples Front

Courtesy: Newsclick

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Raman Garase’s suicide on May Day, 2024 is a sombre reminder of how badly IITs treat their labour https://sabrangindia.in/raman-garases-suicide-on-may-day-2024-is-a-sombre-reminder-of-how-badly-iits-treat-their-labour/ Fri, 17 May 2024 12:44:11 +0000 https://sabrangindia.in/?p=35447 This article is the first in a series examining the labour practices of the Indian Institutes of Technology (IITs), with a specific focus on IIT Bombay. Renowned as premier educational institutions in India, IITs are held in high esteem by the public. However, these institutions are engaging in labour practices that violate existing laws and exploit contract workers.

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On May Day of 2024 —internationally recognised as the Labour Day, a day to honour workers and the international labour movement—Raman Garase, a former IIT Bombay worker, died by suicide. Raman Garase, along with Dadarao Ingale and Tanaji Lad, have been fighting an uphill battle with the mighty institute for their rightful post-retirement gratuity benefits. He had worked for the IIT for around 38 years. In his initial letter written to the IIT Bombay administration in January 2020, asking for the gratuity payment, Garase wrote in Marathi, “I have served the IIT for the whole of my life. In spite of that, when we completed 60 years of age, IIT discontinued our services without giving us anything to rely upon. I have worked for your institution with various contractors for 38 years. I request you to grant me the gratuity benefits as per the rules.” The IIT did not respond to his plea. Resolute in their pursuit of justice, Garase and others took their case to the labour court.

Over the period of next four years, the labour court ruled twice in favour of the workers, ordering IIT Bombay to disburse the gratuity payments. However, the IIT kept prolonging the legal battle. The prolonged legal battle meant the loss of crucial years of post-retirement life where the gratuity amount is supposed to be helpful to the workers in their old age, to ensure them a decent standard of life on their retirement. The administration’s apathetic behaviour stalled the distribution of gratuity amounts. Their highly paid registrars and lawyers (formed to look after gratuity matters) sat in their AC ivory towers, contemplating moving to the High Court and, if needed, to the Supreme Court against the rulings of the labour court.

Raman Garase had recently learnt that the IIT was again planning to appeal against the labour court ruling. Disheartened by the prolonged struggle and the dimming hope of ever receiving his gratuity of Rs 4,28,805, his death underscores the harsh realities many workers face in securing their rights and dignity not just in IITs, but across the nation. The tragic death of Raman Garase is a significant moment that demands an introspection on the condition of workers in IITs. In this series of articles, we attempt to initiate a discussion on the workers’ conditions, with the hope that it will be followed by more robust discussions and political interventions that change the current state of affairs.

IITs: The Savarna bastions in post-independence India

To begin with, we need to locate workers in the larger political economy of the IITs. The IITs are a set of 23 public institutions of higher education, with the original five founded between 1951-61 through bilateral cooperation of the Indian government and foreign governments. IITs, founded with the idea of constructing a new nation, were declared to be Institutions of National Importance. Located in various corners of the nation, they were gesturing to the postcolonial states’ zeal for both national integration and regional commitments. While placing IITs as institutes of national importance by constituting a particular act called The Institutes of Technology Act, 1961 (hereafter IITs Act), they were exempted from applying the reservation policies that began for educational institutions in 1953.

It was this understanding from a top-down approach to science that, in contemporary times, many movements and leaders have criticised. It also suggests what nation it attempted to catered to by establishing special criteria at the foundation of creation. The IITs Act provided a shield away from the strong articulation and significant debates of the constitutional provisions achieved by long-time social and political movements of in contemporary times.

So much so, that with the impending pressure from various organisations based within IITs, like that of Ambedkar Periyar Phule Study Circle (APPSC) IIT Bombay and many other institutions, in 2019, a committee was formed under the chairmanship of IIT Delhi director to oversee the proper implementation of reservation (read affirmative action). Instead of devising a considered plan to implement reservation and evolve a clear plan of action for coming years during which they fill the backlog of seats denied for decades to the Scheduled Castes (SCs), Scheduled Tribes (STs) and Other Backward Class (OBC) candidates, the committee went on to demand exemption from reservation policy invoking IITs Act.

In many ways, the marginalisation of Dalits and Adivasis has been inscribed in the very foundation stone of IITs, which continues to bear its fruits even today and will continue to do so until a more robust restructuring does not take place. It is always the case with IITs that the administration has been constituted of what is known as the ‘general category’ (savarnas). Many chairmen of IITs, the Board of Governors, and council members come from the industrial sector and from among capitalist businessmen. The administration of IITs and members of various faculties came largely from among the savarnas as IITs “were exempt” from reservation. Students, too, largely belonged to the general category, with reservation norms still not followed to honour the constitutional mandate. Dalits and Adivasis were present only employed as grade C and grade D workers! Today, the majority of workers who are employed for manual labour on these campuses come from Dalit and Adivasi communities, while a majority of persons in the faculties and students are from among the savarnas.

“Casual” labourers in “Eminent” Institutions

All the IITs have been built on huge pieces of land, and they are well known for their lush green campuses. However, lesser-known facts are how the land was acquired for these campuses and how many persons and who got displaced. Many of the stories and struggles of Adivasis are buried under the rubric of IITs, where they were/are displaced from their land, cut off from their livelihood, and made to be dependent on the employment provided by IITs, mainly catering manual labour. Often, the IITs initially promised permanent employment and rehabilitation for their land. However, these promises were never kept and they often ended up as landless, manual labourers within IITs! This method of displacement has continued through the last decade with  IIT Bombay evicting local Adivasi communities of Peru Baug for constructing a research park. Only sometimes have local communities been successful in pushing away this land grab, as in the case of how the protests led to a change of IIT Goa campus site away from Sanguem.

Around the 1970s-80s, the process of contractualisation of labour work started when IITs introduced interim contractors for various works related to maintenance and smooth functioning of the campus. They proceeded to move away from employing permanent workers and started replacing them with contract workers (at times called casual labourers). The contractors acted as intermediaries only for making the payment of wages. The authority that has the ultimate control over the affairs of the establishment and the said work always remained with the IIT officials and not with the contractors. This enabled the IITs to hold more power over workers and not take any responsibility for providing worker benefits and security.

The casual/contract workers were paid less than half the amount which the permanent workers were paid for the same work. Such a shift in IITs like most other industries and institutions saved loads of money, some of which was shared to the intermediate contractors. This change in the relationship of workers with the establishment also significantly reduced the ability of workers to negotiate as they could be arbitrarily fired, which also held them back from unionizing for fear of individual targeting and retaliation.

Within IITs, as the campus area is large, the work allotted to contractors is broken into smaller geographical areas targeting particular kind(s) of work. For instance, tender for housekeeping work in the academic area is called for separately than with the residential area. Depending on the floor area, the number of workers and the material for the work are estimated, and the quotation is given. However, as noted, IITs continued to allot the work to these contracts, which was much beyond their area of work under the said tender specification of the contractor.

So, for instance, Raman Garase, along with many other workers, was asked to remove the hutments of the Adivasis living in the Peru Baug where today’s building of Research Park stands, calling them ‘illegal’. In this way, the IIT administration comprising of savarna and corporate lobby pitted the workers who themselves belong to marginalized communities against the indigenous people living in the area who were/are being forced to leave their land with their sources of livelihood also destroyed. Also, on a regular basis workers are shifted to different locations within campus to attend to specific works.

There is also a culture of treating workers as suspect criminals. Workers in IIT Kanpur have to open and show their bags when they leave the campus area. Workers in IIT Bombay were made to deposit utensils in a centralised location by the contractors as the latter claimed that they could not trust the workers not to steal them. Such practices which are employed under the guise of security are actually casteist practices of terming certain communities as criminals. Similarly, a practice of housekeeping workers having to obtain signatures from students as proof of work in the respective area every day!

 

Wage Theft: Violation of Labour laws in IITs

The Criteria for Prohibition under the Contract Labour (Regulation and Abolition) Act, 1970 (CLRA) clearly states that if the work is perennial in nature (i.e., it is not seasonal or temporary but lasts throughout the year), it needs to be performed by regular workers rather than contract labour. Perennial work includes works such as cleaning building floors, and roads, mess work, janitorial work, plumbing, electrical maintenance, gardening, and fumigation, which are essential parts of the campus. CLRA also states that any work requiring significant control and supervision by the principal employer is unsuitable for contract labour. Despite the law being there for over 50 years, these clauses of CLRA are being violated all over India, with premier higher education institutes such as IITs being no exception. Even though regulations stipulate that these jobs should be handled by permanent workers and not by contractual labour, IITs bypass these rules, opting to employ contract workers to avoid the obligations and costs associated with permanent employment.

There are various rights that are guaranteed for contract workers under the various labour laws. All contractual employees are eligible for the Employee Provident Fund (EPF popularly known as PF), a retirement benefit scheme, and the Employee State Insurance (ESI), a social security and health insurance scheme. These worker protection schemes provide an array of benefits, which includes medical treatment, maternity benefits, disability benefits, dependent benefits, and unemployment allowance under certain conditions. Both schemes are crucial in the socio-economic architecture of India, providing financial security and healthcare benefits to a substantial portion of the Indian workforce.

However, in practice, multiple mechanisms are in place to avoid providing the majority of such benefits. Contractors do several tricks to steal the benefits from the workers, whereas IIT officials, even in full knowledge of such practices, pay no heed to those violations. Many contractors deliberately do not create bank accounts for workers, sometimes even deliberately delaying their creation or even creating with mistaken names and paying the workers in cash for the entire time period. These workers are not paid EPF even though the contractor deducts EPF contributions from their wages. When workers demand their EPF, a small amount is given, much lower than the worker’s contribution over the years, and without employer contribution. Workers are forced to accept the lower amount as any legal route for redressal will only further delay the payment for years. Multiple instances of a contractor’s cheque given against PF and bonus bouncing were reported to the IIT Bombay administration but no action has been taken against them.

In 2022, more than 50 mess workers did not receive any PF amount, even though (Rs.1800) was deducted from their wages every month. The same caterer was found to violate the Minimum Wages Act, 1948. Sometimes, money is deducted from wages for uniforms, while no new uniforms are provided. Despite complaints raised by student groups, the contractor was not blacklisted by the administration, moreover received few new tenders.

Those working from before the 2000s have also noted that IIT Bombay was not paying EPF and ESI to the majority of its workers. It was after several demands from workers that IIT Bombay finally conceded to provide them with these benefits. However, for many other workers, such as mess workers and canteen workers, even today, even minimum wages are not paid, no proper accommodation facilities are given, and they are always made to work overtime without being paid. Most construction workers lack systematic EPF/ESI accounts and other basic labour entitlements.

The arbitrary firing of workers is another perverse phenomenon employed by the IITs to control and exploit workers. IIT Kanpur fired 72 workers from its Visitor’s Hostel in 2017. On August 1, 2022, 18 workers from the water supply and sewage department of IIT Kanpur were fired without prior notice, owing to a change in the contractor. IIT BHU fired around 200 workers without prior notice claiming a change of contractors in 2019. On January 27, 2024, Jagdish Pal, a Hall 2 mess worker of IIT Kanpur with 13 years of service, was unfairly dismissed without reason after protesting strict attendance policies that led to pay deductions and unpaid work. His suspension and subsequent dismissal underscore the severe exploitation and mistreatment of mess workers at IITs. In one of our next segment, we will also discuss a detailed case of 59 female mess workers who were removed by IIT Bombay.

Even the workers who are employed often face months long delays in receiving their wage payments. Section 5 of the Payment of Wages Act, 1936, specifies the timing for the payment of wages and mandates that wages should be paid before the tenth day after the last wage period. IITs letting contractors violate these laws and withholding the wages of workers has become commonplace now. 4 men were killed when a contractor in IIT Mandi fired on workers protesting the non-payment of their monthly wages and EPF. Protests have been organised by workers in IIT Kharagpur, IIT Kanpur, over post-retirement medical schemes, pension, promotions, regularization of dependents of deceased/disabled employees.

Multiple construction workers have died in IIT Bombay due to a lack of proper safety gear and unsafe working environments. Similar deaths have occurred in IIT Kanpur where a gardener in the academic area tragically died within hours of reporting for work on a severely cold winter morning. In 2019, the collapse of the Earth Science building wall in IIT Kanpur resulted in death of three workers and in 2022, a worker at the Type-III apartment construction site behind the director’s residence died from excessive bleeding after a hand-held grinder slipped and severely injured his leg. The living conditions of construction workers at IITs are also deplorable, as they are compelled to reside in cramped, overcrowded cabins that lack basic hygiene and proper sanitation facilities.

Prestige and precarity

These violations of workers’ rights are not just limited to the IITs and happen all over the country. These “eminent” institutions are no different than any other institutions in the country, when it comes to respecting the rights of workers. They are as exploitative as the others. However, the overwhelmingly Savarna nature of these institutions does add a new layer to the exploitation of contract workers. The tag of an “eminent” institution also adds a structural angle to such exploitation. Many contract workers who started working here some decades back, had this hope in their mind that they will be accepted as “permanent” employees, some day or the other. Such acceptance would mean better living conditions. But for most of them, that day never arrived.

Even after multiple complaints about denial of workers’ rights, and even judgements from labour court ordering to comply with labour laws, IITs have been ignoring them just the way they ignore the constitutional mandate of implementing reservation for SC ST OBCs. They continue to give contracts to the same contractors who were violating these laws. This alludes to a collusion between the contractors and the administration of IITs to exploit these workers.

The workers of IITs face issues in getting their minimum wages, EPF, ESI, gratuity, healthcare, lack of safe working environment, arbitrary firing, and lack of strong unions that can claim their demands by negotiating with the administration. It is paralleled with the violation of reservation norms, stiffing voices of descent with imposing stringent code of conduct for students, workers and faculties, and rapidly expanding privatization of education.

The death of Raman Garase highlights significant issues within labour rights and the struggle for justice by contractual workers. It is a sombre reminder of the impact that prolonged legal disputes and denied rights can have on individuals.

Workers like Raman Garase, Dadarao Ingale, and Tanaji Lad, who have served institutions for decades, often face uphill battles for their rightful benefits, reflecting broader systemic issues that need addressing.

The decision of the IIT Bombay administration to appeal the labour court’s order, thereby extending the legal process, underscores the challenges faced by workers in securing what is legally theirs. Such situations also bring to light the need for stronger safeguards and more efficient legal mechanisms to protect workers’ rights and ensure timely justice.

Raman Garase’s tragic death, particularly on Labour Day—a day meant to celebrate workers and their contributions—adds a layer of poignancy to the story and calls for a reflection on how societies and institutions treat their labour forces. It is a call to action for not just ensuring legal compliance but also fostering a culture of respect and dignity for all workers.

(The authors are students at IIT Bombay and members of Ambedkar Periyar Phule Study Circle (APPSC))


Related:

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29% increase in daily wage workers suicides in 2 years: Labour Ministry

Over 42,000 workers from informal sector allegedly die by suicide

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Gujarat: Three years, 714 workers died in industrial accidents admits Minister https://sabrangindia.in/gujarat-three-years-714-workers-died-in-industrial-accidents-admits-minister/ Thu, 08 Feb 2024 11:00:41 +0000 https://sabrangindia.in/?p=33002 Indian Express reports that Congress MLA, Arjun Modhwadia sought 'urgent public attention' to an industrial accident that happened at Onerio Lifecare Private Limited, a pharmaceutical factory, in Vadodara district on January 31 in which three labourers died

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Over the past three years, since 2021, as many as 714 labourers have lost lives in industrial accidents in the state, Cabinet minister for labour, skill development and employment Balvantsinh Rajput informed Gujarat Assembly Wednesday.

Rajput’s statement came after Congress legislator Arjun Modhwadia sought ‘urgent public attention’ over an industrial accident that happened at Onerio Lifecare Private Limited, a pharmaceutical factory, in Padra of Vadodara district on January 31 in which three labourers died and two sustained serious injuries.

Flagging the issue of industrial safety and those of labourers, Modhwadia sought to know if the government plans a safety audit of factories. He also demanded whether action would be taken against the company in connection with the fatal Vadodara accident.

In reply, Rajput said that to check such incidents from happening, the Director (Industrial Safety) of the Gujarat government does inspection of factories and if found necessary, then the factory proprietor is also given a show cause notice. If the proprietor does not follow the instructions, then cases are also registered in courts.

“Under the Factories Act, so far, criminal cases have been registered against 3,901 people for not following safety rules,” Rajput said.

The Gujarat minister added that 244 labourers had died in various accidents in 2021. “In 2021, there were 45,920 registered factories (in Gujarat)… In 2022, the number of factories increased to 47,762 and the number of deaths due to accidents was 238. Now (in 2023), the factories have increased to 49,246 and 232 deaths have been reported. But the government is concerned to ensure that these 232, too, do not die (in accidents) and how we can bring this down to zero,” he stated.

Rajput also defended his government by stating that the ratio of industrial accidents in Gujarat has come down in comparison to previous years.

Meanwhile, the same time, Modhwadia highlighted that at 570, Gujarat has the highest number of hazardous factories in India, including 98 in Bharuch and 89 in Vadodara. “It is my request that such steps be taken so that no more accidents happen in these hazardous factories,” he stressed.

In his response, Rajput said the government is taking these steps as per the changing technology and nature of accidents. With regard to the accident at the Vadodara pharma factory, Rajput said that the next of kin of three labourers have been given Rs 30 lakh by the factory as compensation and they will get other compensation from the state government as per rules. He also stated that the factory has been ordered to shut and a detailed inquiry is on.

Related:

29% increase in daily wage workers suicides in 2 years: Labour Ministry

Eradicate manual scavenging completely says SC increasing compensation to families of workers who die at work to Rs 30 lakh

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Delhi: Thousands of Workers to Assemble at Mahapadav on August 9 to Oppose Privatisation, Labour Codes https://sabrangindia.in/delhi-thousands-of-workers-to-assemble-at-mahapadav-on-august-9-to-oppose-privatisation-labour-codes/ Mon, 15 May 2023 07:57:45 +0000 https://sabrangindia.com/article/auto-draft/ The central trade unions and federations have been finalising plans to hold dharnas at labour commissioners’ offices and district magistrate offices over the next three months.

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Several workers and activists affiliated with different central trade unions and federations gathered at BTR Bhawan in the national capital on Saturday to announce a Mahapadav at Jantar Mantar on August 9 to oppose rampant privatisation and unofficial implementation of four labour codes. The participants maintained that it has become imperative to come along and mobilise workers to save their livelihood which is currently facing the double assault of inflation and unemployment.

Virender Gaur, president, Centre of Indian Trade Unions Delhi, who was addressing the meeting said that it is very essential to understand that both governments, Delhi Government led by the Aam Aadmi Party and the Union government of the Bharatiya Janata Party, are taking anti-workers measures at an unbridled pace.

He said, “The question of privatisation is looming large on our heads. If we take the examples from the Delhi-NCR region, we saw a successful struggle at Central Electronics Limited (CEL) where workers won their fight to save this precious public sector undertaking from privatisation. We are witnessing similar struggles at Container Corporation of India, Life Insurance Corporation of India, New Delhi Municipal Corporation, and even Delhi Jal Board where I worked for 38 years.”

Talking to NewsClick at the protest, he said, “The most prominent example that we are witnessing of imposition of privatisation is through companies being deprived of human resources. There is no direct employment even when it is clear that 100 average employees are retiring per month.”

“When I started my job at Delhi Jal Board, it had a 35,000-strong workforce. Now, it has been reduced to 14,000 workers. It is happening at a time when the length of water and sewage pipelines has multiplied several times. The needs of the city have multiplied. It is interesting that it has a workforce of 14,000 workers whereas it has 17,000 pensioners. So, we held this convention to finalise the charter of the campaign and mobilise thousands of workers at Jantar Mantar where students, young people and people from all walks of life will join us,” said Gaur.

When asked about the efficacy of Jantar Mantar as a site for Mahapadav to build pressure, Gaur emphasised that it does have an impact and government will have to listen. “Wrestlers have been sitting at Jantar Mantar peacefully and its impact is such that PM Modi who would speak for hours on trivial issues has not uttered a word on the women wrestlers and their accusations regarding sexual harassment. It will be a historic struggle to remember in Delhi.”

Birju Nayak from Mazdoor Ekta Committee who is representing unorganised sector workers at the convention told NewsClick that the workers in Delhi are facing a strange phenomenon post-pandemic where wage rates have reduced significantly forcing both men and women in the family to seek work.

Talking to NewsClick, he said that the minimum wage in Delhi for unskilled workers is Rs 17,234 per month whereas they are only getting only Rs 9,000-Rs 12,000 per month. It has forced women in the family to seek work. “It is perturbing for the workers as health and education of them and their children are impacted. We just had a story of one worker who said that he has been visiting Employees State Insurance Hospitals since childhood. In childhood, he never heard that workers were asked to come again to campus to get medicine or buy them from chemists from their own pocket. Now, it is quite rampant,” he claimed.

Nayak added that the denial of rights to workers has exposed their children to the world of crime. He explained, “We are seeing increasing cases where young people in bastis are resorting to crimes to meet the ends. It’s a less discussed topic but children are ending up in Tihar Jail and becoming professional criminals. Had their parents been paid well and their health and education taken care of, we could have saved them.”

Dharamender Kumar Verma, general secretary, Trade Union Coordination Centre (TUCC), told NewsClick that the living and working conditions of women workers are more exploitative when it comes to the unorganised sector. “We know that women are very much affected by inflation as they handle household chores. Gas cylinders are expensive, grocery items are expensive and so are even matchbox sticks. When they move to factories, they face discrimination and received lower payments. Domestic workers have told us stories that they cannot use the toilets in apartments which they clean. Does PM Modi not know about our plight? He says he used to sell tea. We never saw it but we know that he is selling railways. Workers are infuriated and coming to Jantar Mantar on August 9 in large numbers.”

CITU

Sidheshwar Shukla, who coordinates among the unorganised sector workers, said that the central trade unions and federations have been finalising plans to hold dharnas at labour commissioners’ offices and district magistrate offices in the next three months and finally hold a Mahapadav in the month of August to oppose labour codes, privatisation and for other demands. “It’s the first anniversary of the Mundra fire where workers died. There are questions about the safety of workers, their livelihoods and conversion of perennial posts turning into contract jobs, displacement of workers in contract-based jobs. All trade unions felt that we should come to a stage to call for action. Today we held this convention as part of a larger plan and we will hit the streets in large numbers,” added Shukla.

Courtesy: Newsclick

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