Ministry of Labour & Employment
Year End Review 2018: Ministry of Labour & Employment
13 DEC 2018
The
Ministry of Labour and Employment is committed towards job security,
wage security and social security for each and every worker. Along with
bringing transparency and accountability in enforcement of Labour Laws,
the Ministry has taken important initiatives during the year,to realize
and establish the dignity of every worker through provision of social
security, enhancing the avenues and quality of employment.
- Major Achievements in Labour Welfare:
Labour Codes:
In line with recommendations of Second National Commission on Labour,
the Ministry has taken steps for formulating of four Labour Codes on (i)
Wages; (ii) Industrial Relations; (iii) Social Security & Welfare;
and (iv) Occupational Safety, Health and Working Conditions by
amalgamating, simplifying, and rationalizing the relevant provisions of
the existing Central Labour Laws.
Code on Wages Bill:
The Draft Code on Wages Bill, 2017 has been introduced in the Lok Sabha
on 10.08.2017 and is being examined by Parliamentary Standing Committee
on Labour. The report of the Standing Committee is being awaited.
Code on Industrial Relations:
To introduce the proposal of Labour Code on Industrial Relations Bill,
2018 in the Parliament, draft Note for the Cabinet along with the Labour
Code on Industrial Relations Bill, 2018 was circulated on 08.02.2018
for Inter-Ministerial consultation for seeking views/comments thereon.
After examining the received comments of Ministries/Departments, the
draft Code on Industrial Relations has been suitably modified. After
vetting the Code by Legislative Department, Ministry of Law &
Justice, the draft Cabinet Note alongwith the Code on Industrial
Relations Bill, 2018 has been sent to Cabinet Secretariat on 05.11.2018
for consideration.
Code on Social Security & Welfare:
A preliminary draft of the Code on Social Security & Welfare was
placed on the website of the Ministry on 16.03.2017, inviting comments
of the stakeholders / public. After considering the comments of various
stakeholders, a revised draft namely draft Code on Social Security and
Welfare, 2018 was uploaded on the website of this Ministry on 01.03.2018
seeking suggestions/comments from stakeholders/public. A Tripartite
Consultation Meeting to discuss the Labour Code on Social Security
& Welfare Bill, 2018 has been held on 27.11.2018 with Central Trade
Union Organizations, the Employer' Associations and the State
Governments/UTs under Chairmanship of Minister of State (Independent
Charge) for Labour and Employment. The draft Note for the Cabinet along
with the Labour Code on Social Security & Welfare Bill, 2018 has
also been circulated recently for Inter-Ministerial consultation.
Code on Occupational Safety Health & Working Conditions: Preliminary
draft of the Code on Occupational Safety Health & Working
Conditions was prepared and placed on the website of the Ministry on
23.03.2018 for inviting comments/suggestions of the stakeholders
including general public. A Tripartite Consultation Meeting was held on
22.11.2018 with Central Trade Union Organizations, the Employer'
Associations and the State Governments/UTs under Chairmanship of
Minister of State (Independent Charge), Labour and Employment to discuss
the draft Occupational Safety, Health & Working Conditions Bill,
2018. The draft Cabinet Note alongwith the draft Occupational Safety,
Health & Working Conditions Bill, 2018 has been circulated for
Inter-Ministerial consultation recently.
Shram Suvidha Portal:
The Ministry of Labour & Employment has developed a unified Web
Portal 'Shram Suvidha Portal', to bring transparency and accountability
in enforcement of labour laws and ease complexity of compliance. The
facilities available to establishments on Shram Suvidha Portal as on
today include:
- Transparent Labour Inspection Scheme through
computerized system based on risk based criteria and uploading the
inspection reports within 72 hours by the Labour inspectors. The time
period for uploading the reports has been reduced to 48 hrs since
05.11.2018.
- Common Registration for ESIC and EPFO,
- Common ECR for ESIC & EPFO,
- Single Annual online return for 8 Central laws and 3 returns under the Mines Act, 1952.
- Online
licensing under the Contract Labour Regulation and Abolition Act, 1970
and the Inter-State Migrant Workmen (Regulation of Employment and
Conditions of Service) Act, 1979 besides the Labour Inspection Scheme
for enforcement agencies.
- Online Registration by Chief Labour
Commissioner (Central) under three Acts i.e the Contract Labour
Regulation and Abolition Act, 1970, the Inter-State Migrant Workmen
(Regulation of Employment and Conditions of Service) Act, 1979 and The
Building and Other Construction Workers' (Regulation of Employment and
Conditions of Service) Act, 1996.
Maternity Benefit (Amendment) Act, 2017 which came into force from 1st April 2017: Increased
paid maternity leave from 12 weeks to 26 weeks and has benefited 18
Lakh women employees.Recently Government proposed to bear 7 weeks of
salary to motivate employers. This policy will be finalised after
approval by the competent forum.
The Payment of Gratuity (Amendment) Bill, 2018 passed
by Lok Sabha on 15th March, 2018 and by the Rajya Sabha on 22nd March,
2018, has been brought in force on 29th March, 2018. The present upper
ceiling on gratuity amount under the Act has been raised from Rs. 10
Lakh, to Rs. 20 Lakhs.
MoU for Ship Recycling Industry: The
Directorate General Factory Advice Service & Labour Institutes
(DGFASLI) and Gujarat Maritime Board (GMB) have signed a Memorandum of
Understanding(MoU) in Alang on 11-7-2018. The MOU will bring positive
changes in working of ship recycling industry and will improve safety
and health of the workers and supervisors who are employed in large
number in Alang.
MoU signed for international cooperation in the social and labour sphere:
The
Union Cabinet has approved a Memorandum of Understanding (MoU) among
Brazil, Russian Federation, India, China, South Africa, regarding
Cooperation in the Social and Labour Sphere. The MoU was signed on
3rd August, 2018 during BRICS Labour and Employment Ministers (LEM)
Meeting.
The MoU provides a mechanism for cooperation,
collaboration and maximum synergy amongst BRICS member countries with
the common objective of inclusive growth and shared prosperity in the
new industrial revolution. This would facilitate member countries to
share knowledge and also implement joint programmes on .matter of Labour
and Employment, Social Security and Social dialogue. Another Memorandum
of Understanding (MoU) was signed between India and Italy for training
and education in the fields of Labour and Employment.
Worker's
Education Programme: Dattopant Thengadi National Board For Workers
Education and Development organized 899 training programmes for
organized sector workers, 2733 training programmes for unorganized
sector workers and 670 training programmes for rural workers including
MGNAREGA.
Public Grievances Redressal: 33,680 Grievances were
received in the Ministry of Labour and Employment during 01.01.2018 to
30.11.2018. Out of these, 32,837 grievances were disposed through
CPGRAMS (Centralized Public Grievances Redress and Monitoring System)
Portal.
Step Taken for improved Safety of Mine workers:
- Under
the provisions of the Mines Act 1952, Permissions, exemptions,
relaxations and approvals etc.; were earlier being issued on submission
of offline applications by the stakeholders. In view of the Digital
India initiative, three software modules namely "Approval System",
"Permission/ Exemption/Relaxation System" and "National Safety Award
(Mines) System" have been developed and made live. Two more softwares
namely "Accidents & Statistics System" and "Accounts & Budget
System" have been developed as a part of "Digital DGMS". They are under
testing. The software modules will bring in more transparency &
accountability and speedy disposal of works.
- The modalities for
"Risk-based Inspection System" for coal mines have been developed. The
software for the purpose has been developed by NIC and implemented by
incorporating it in Shram Suvidha Portal. Risk-based inspection system
for metalliferous mines is under progress and shall be developed during
2018-19. The inspections will be generated for online assignment through
shram suvidha portal prioritizing on the actual risk rating of the
mines of all categories.
- Directorate General of Mines Safety
(DGMS) has facilitated Risk Assessment Study & preparation of Safety
Management Plan in 110 Mines. The system has resulted in more proactive
system of safety management.
- Under a joint project with
National Institute of Miners' Health (NIMH) Nagpur on "Multi-Centric
Study of Dust Related Disease in Stone Mines and Development of
Sustainable Preventive Programme", field studies were successfully
conducted in Nalgonda district of Telengana and Karauli, Dholpur,
Jodhpur, Nagaur and Bharatpur districts of Rajasthan, Vidisha district
in MP and Birbhum district in WB. 2539 workers have been medically
examined and 136 cases of silicosis affected persons were identified.
- Occupational
health survey of 9863 persons employed in unorganized sector stone
mines were conducted by DGMS in various regions of different states with
the help of respective state administration. 211 cases of silicosis
affected persons were identified.
Fixed Term Employment:
Ministry
of Labour & Employment has included the category of 'Fixed Term
Employment Workman' for all sectors in the Industrial Employment
(Standing Orders) Act, 1946 and rules made there under vide Notification
No. G.S.R. 235(E) issued on 16.3.2018. The objective of Fixed Term
Employment on one hand is to provide flexibility to the employers in
order to meet the challenges of globalization, new practices and methods
of doing businesses while on the other, this would be beneficial for
workers as it gives the 'FTE Workman' the same statutory benefits as
that of regular workers in a proportionate manner. This would also
substantially decrease exploitation of contract workers as the employer
would directly hire the worker without any mediator in the form of
contract for a fixed term.
II. Major Steps Taken by EPFO:
- In
February 2018, an online functionality for filing nomination (Form 2)
to the members at Member interface of Unified Portal was provided. In
online nomination, Aadhaar based eSign is being used to authenticate the
nomination submitted by member. Hence, there is no need for employer's
undertaking that nomination has been signed before him/her. As on
10.10.2018, 26,885 online e-nominations have been approved.
- A
pensioners' portal was launched in March 2018 through which all EPFO
pensioners can get details of pension related information like pension
payment order number, pensioner's payment order details, pensioner's
passbook information and pension credited date and details of
pensioner's life certificate submission including Jeevan Pramaan Digital
Life Certification information.
- At the time of
registration of an establishment, employer has to upload digitally
signed copy of PAN card. To eliminate the requirement of submitting
scanned copy of PAN card at the time of registration, an online system
has been put in place for verifying details of PAN directly from the
Income Tax Department. 80,706 employers have used this facility as on
10.10.2018.
- For facilitating Ease of Doing Business, an online
functionality for calculation and payment of damages under Section 14 B
and interest under Section 7Q of Employees' Provident Fund &
Miscellaneous Provision Act for the belated remittances has been
launched. Earlier, the notices were sent to the employers for payment
under these Sections. Under the new functionality, the employer himself
can select the cases of belated remittances to make payment immediately
where auto challans showing the dues will be generated for payment
without requiring the employer to visit EPFO field offices.
- In
order to facilitate the employers, the requirement of submission of hard
copy of Form 5A has been replaced by online submission of Form 5A by
establishments with digital/e- signatures by employers. As on
10.10.2018, 5,873 employers have used this facility.
- Under Pradhan Mantri Rojgar Protsahan Yojana (PMRPY),
the Government of India is now paying full employer's contribution (EPF
and EPS both) with effect from 1st April, 2018 for a period of three
years to the new employees as well as to the existing beneficiaries for
their remaining period of three years. Before 1stApril, 2018, the
Government was paying under PMRPY only the EPS share (8.33% of the
wages) out of the total employer's share of contribution (12% of the
wages).
- In order to ensure that the employers, especially
contractors, pay contribution towards provident fund for the full
working period of an employee and not on very low unrealistic wages, a
tool for monitoring the above issues, namely, wage analysis report, has
been provided in Central Analysis & Intelligence Unit (CAIU)
dashboard. Through this tool, field functionaries can see the analysis
of wages for establishments in respect of their Zones / Regional Offices
and ensure that, wherever required, the verification of details
furnished by employers in monthly returns (ECR) is done so that there is
correct reporting and full compliance in respect of individual
employees.
- The rate of administrative charges were reduced from
0.65% to 0.50% of the pay towards EPF Scheme 1952 subject to minimum sum
of seventy –five rupees per month for every non-functional
establishment having no contributory member and five hundred rupees per
month per establishment for other establishments.
- A new
functionality has been introduced to rectify cases of rejection of
Digital Life Certificates (DLCs) due to incorrect Aadhaar number seeded
against PPOs. This functionality is aimed to reduce grievances of
pensioners and provide hassle free services to them.
- A new
functionality for rejection of erroneously processed intra - office
transfer claims and reprocessing the claims with correct details was
started on 05.10.2018 to streamline the process of claim settlement and
ensure better delivery of services to subscribers.
- Online
Nomination (e-Nomination), linking of UAN with AADHAAR through UMANG APP
and online linking of UAN with AADHAAR in EKYC PORTAL using Bio-metric
credentials was introduced.
- EPFO presently covers 190
industries (mentioned in the schedule 1 of the EPF Act) with over 20
crore accounts in over 11.3 lakh covered establishments.
- For
EPFO's 63.2 lakh pensioners, 55.3 lakh Jeevan Praman have been received
as on 29 October 2018 and 49.4 lakh have been approved.
- As on
11.10.2018, 47,50,315 claims (Form 19, 10C and 31) were received online
from members having Aadhaar seeded activated UAN out of which 34,24,063
were settled.
- As on 10.10.2018, 23,75,369 members have used 'Track UAN functionality' to find ot the status of Aadhaar linked to their UAN.
- As
on 11.10.2018, 2,92,970 Aadhaar based e-signs have been used by the
employers. E-sign is a user-friendly online electronic signature
service whereby authorized signatory of the establishment whose DSC is
already registered can directly activate their e-sign by provided
Aadhaar number at Unified Portal to sign documents.
- As on 11.10.2018, 1,52,272 claims have been field through UMANG App.
III. Major Steps Taken by ESIC
Dispensary-cum-Branch Office (DCBO):
To strength its services delivery mechanism, ESIC has started
establishing at least one contact point in every district of the country
in phased manner in the form of
Dispensary-cum-Branch Office (DCBO) to provide the primary medical services and cash benefits delivery.
Modified Employer's Utilization Dispensary (Modified EUD): The decision for establishing
Modified Employer's Utilization Dispensary (Modified EUD) on
pilot basis has also been taken, with the objective of strengthening of
stake holder's participation in the expansion of primary care services
of ESIC. Premises will be hired suitably for setting up of dispensary,
preferably in the vicinity of clusters of residential area of IPs. ESIC
will provide furniture, equipments and medicines. Employer will appoint
manpower and supervise the functioning of dispensary.
ATAL BIMIT VYAKTI KALYAN YOJANA:
Considering the change in employment pattern and the current scenario
of employment in India which has transformed from a long term employment
to short term engagement in form of contract and temping, the ESI
Corporation has approved a Scheme named "
ATAL BIMIT VYAKTI KALYAN YOJANA" for
Insured Persons (IPs) covered under the Employees' State Insurance Act,
1948. This scheme is a relief payable in cash directly to their Bank
Account in case of unemployment and while they search for new
engagement.
Modified Insurance Medical Practitioner (IMP) Scheme, 2018: ESI Corporation has also given in principal approval to
Modified Insurance Medical Practitioner (IMP) Scheme, 2018 to
make IMP Scheme more attractive on pilot basis. The Scheme may further
be expanded in the new areas as well as existing areas as per need. In
area, where ESI does not have its medical establishment, or in newly
implemented area, Primary Medical Care is provided cash less through tie
up arrangement, with Insurance Medical Practitioner (IMP).Earlier IMPs
used to be normally appointed by the Director Insurance Medical Scheme
(DIMS), ESI Scheme and were paid Rs. 500/- per Insured Person per year
which included consultation, basic lab investigation and cost of
medicines.
- Under Modified Scheme, IMP will prescribe
medicines as per available medical list (drawn from national essential
list of medicine and basic investigations) in the health passbook with
signature and upload image of prescription in the app.
- In addition through Mobile App, the IMP may recommend sickness benefit of
7
days in a spell up to maximum period of 30 days in a year, subject to
remote verification of such recommendation by medical referee/DCBO
doctor, the benefit would be remitted in the bank account of IP.
"UMANG: ESIC – Chinta Se Mukti" Mobile App:
IP
centric information services are now made available through 'ESIC –
Chinta Se Mukti' mobile app launched through UMANG (Unified Mobile
Application for New-age Governance) platform. The IP, who has registered
his mobile number in ESIC database, can access variety of information
through this app downloaded free of cost from Google Play Store on
multiple channels like mobile application, web, etc., and can be
accessed through smartphones, tablets and desktops, etc.
With a
simple mobile based authentication system, the IP can know about his
personal and enrolled family demographic details, Contribution details,
Insurance & eligibility details, information on entitled Benefits,
Claim Status, Dispensary and Branch Office to which he is associated,
etc. He can submit his feedback and avail services through this app. In
addition, there is a knowledge bank pertaining to various benefits of
ESI scheme. In due course, the App shall be made available in 13
different Indian languages including Hindi and English.
Extending coverage of social Security net of ESI Scheme (under ESIC 2.0)
- As
per of its 2nd Generation Reforms ESIC-2.0, the ESI Corporation has
decided to implement the ESI Scheme all over India. Accordingly, the ESI
Scheme has already been implemented fully in 325 districts and
partially in 178.
- As part of extending the social
security benefits of ESI Scheme in the entire country, the scheme has
been notified in all states and Union Territories except Arunachal
Pradesh & Lakshadeep Islands. ESI Scheme is now in 36 States/Union
Territories.
- The number of Insured Persons covered under the ESI
Schemes on 31.03.18 has increased to 3.43 crores. The number of
beneficiaries covered under Scheme has gone up to 13.32 crores.
- The number of factories and establishments covered by the end of the year had gone up to about 10.34 lakh.
IV. MAJOR STEPS TO FACILITATE EMPLOYMENT GENERATION:
i.
National Career Service (NCS): National
Career Service Project brings employers, trainers and unemployed on
single platform. As many as 98,92,350 active job seekers and 9,822
active employers are on the portal as on 30.11.2018. NCS has partnered
with Department of Posts to extend registration of job seekers through
the Post Offices. To enhance the reach and enrich the employment
opportunities available to youth, strategic MOUs have been signed with
leading job portals, placement organizations and institutions of repute.
Government of India has recently made it mandatory for government
vacancies to be posted on the NCS Portal.
The NCS provides a
variety of employment related services like job matching, career
counselling, information on skill development courses, apprenticeship,
internships etc. The NCS makes available a rich repository of career
content on over 3600 occupations across 52 sectors. The NCS Portal also
facilitates organization of job fairs where both employers and job
seekers can interact.
ii.
Model Career Centres: 107
Model Career Centres have been established and being operationalised in
collaboration with states and other institutions. These Centres will
have adequate facilities and infrastructure for delivery of various
services to the stakeholders and can be subsequently replicated by
states at other locations. In addition, all the 1.5 lakh plus Common
Service Centres are strategic partners for extending the reach of NCS to
remote locations.
iii. Quarterly Employment surveys (New Series):
- Labour
Bureau initiated QES (New series) by extending scope and coverage with
the objective to measure relative change in employment situation over
successive quarters in sizeable segment of Non-farm Industrial economy
covering 8 major sectors viz. Manufacturing, Construction, Trade,
Transport, Education, Health, Accommodation & Restaurants and IT/BPO
having 10 or more workers.
- So far, seven reports pertaining to QES (NS) have been released.
iv. Occupational Wage Survey (OWS):
- Labour
Bureau has been conducting Occupational Wage Surveys at periodic
intervals to facilitate generation of data on different components of
pay roll earnings for different occupations for scientific studies of
inter-industry and intra-industry differentials in earnings in
Plantation, Mining, Manufacturing and Service sector Industries.
- The
field work under the 7th round of OWS covering 56 industries has been
completed. So far, four reports of 7th round of OWS in respect of Mining
sector, Plantation Sector Industries, Five Textile Industries and
Textile Garments Industry have been released.
v.
Area Frame Survey:
- Considering
the importance of Quarterly Employment Survey (QES) due to its
periodicity, results and coverage, it was decided by the Ministry of
Labour and Employment to conduct Area Frame Survey (AFS) on a large
scale across all the states/UTs by covering enterprises employing less
than 10 workers so that findings of the survey are reflective of the
trends in employment for the non-farm sectors of the economy.
- The
preliminary work for conducting the Area Frame Survey has been
completed. Pilot survey (pretesting of schedules) has also been
completed in Odisha and the Pilot Survey in the states of Haryana and
Gujarat is currently in progress.
vi. Survey on Pradhan Mantri Mudra Yojna:
- Labour
Bureau has been entrusted by the Ministry of Labour & Employment to
conduct the survey to estimate the employment generated under the
Pradhan Mantri Mudra Yojna (PMMY).
- After finalization of
technical details pertaining to the PMMY Survey, the preliminary work of
the survey was completed and the field work was launched in April,
2018. The field work for PMMY survey has been completed on 30th
November, 2018 and data entry work is presently in progress.
PIB
