Implementation of recommendations of One-man committee on wages and allowances of Gramin Dak Sevaks (GDSs)

Implementation of recommendations of One-man committee on wages and allowances of Gramin Dak Sevaks (GDSs)

No. 17-31/2016-GDS
Government of India
Ministry of Communications
Department of Posts
Establishment Division

Dak Bhawan, Sansad Marg,
New Delhi - 110001.
Dated: 25th June, 2018

OFFICE MEMORANDUM

Subject: Implementation of recommendations of One-man committee on wages and allowances of Gramin Dak Sevaks (GDSs)

One-man committee headed by Sri Kamlesh Chandra, Retired Member, Postal Services Board was set up by the Government of India vide Ministry of Communications, Department of Posts' Resolution No. 17-13/2013-GDS dated 19.11.2015 for examining the conditions of service and emoluments and other facilities available to the Gramin Dak Sevaks(GDS). The committee had submitted its report to the Government on 24.11.2016. The Government has carefully considered the recommendations of the One-man Committee regarding revision of TRCA and allowances and is pleased to order the following.

2. Introduction of new Time Related Continuity Allowance (TRCA)
The entire GDSs posts shall be brought under two categories viz. Branch Postmasters (BPMs) and other than Branch Postmasters. GDSs other than BPMs and working in Branch Post offices shall be designated as Assistant Branch Postmaster (ABPMs) and GDSs working in departmental offices shall be designated as Dak Sevaks. There shall be two slabs of working hours Viz. Four (4) and Five (5) hours and two levels of TRCA slabs each for BPMs and other than BPMs, For this purpose, the working hours of GDSS with 3 hours, 3 1/2 hours and 3 hours 45 minutes shall be revised to 4 hours and those with 4 1/2 hours workload shall be revised as Five (5) hours, with effect from 1.7.2018.
The revised TRCA slabs / levels applicable to these two categories will be as shown in Table 1:

2.1 Clubbing (Merging) of old TRCA SLABS
The existing 11 TRCA slabs shall be merged into three TRCA Slabs with two levels each for BPMS and other than BPMS as shown in Table 2. Effectively, there shall be only 3 TRCA Slabs as one TRCA Slab will be common for both the categories.

Acronyms: MC - Mail Carrier, MP - Mail Packer, MD - Mail Deliverer, MM - Mailman, SV - Stamp Vender,

2.2 Fixation Formula
The GDSs shall be brought to the respective levels in the new TRCA matrix wef 1.7.2018. For fixation of TRCA of the Gramin Dak Sevaks in the new TRCAs labs, the existing Time Related Continuity Allowance (TRCA) for the GDS in the 11 TRCA slabs in the pre-revised structure as given in Table-2 above, as on 01.07.2018, shall be multiplied by a factor of 2.57. The amount may be rounded off to the nearest rupee. The figure so arrived at is to be located in the Level corresponding to GDS's TRCA in the new TRCA Slab as given in Table-3.

2.3 If a cell identical with the figure so arrived at is available in the appropriate Level, that cell shall be the revised TRCA; otherwise the next higher cell in that Level shall be the revised TRCA of the GDS. However, in order to guide ad ministration/DDOs in fixing the revised TRCA of GDS in the new TRCA matrix correctly, illustrations in this regard are annexed at Annexure-II.

2.4 In respect of GDS whose annual increase of TRCA is due on 1st July, 2018,his/her TRCA consequent on annual increase in the pre-revised TRCA be effected first and then his/her TRCA be fixed in the new revised TRCA Matrix as in Table-3.

2.5 If a GDS happens to be on leave on 01.07.2018, the revised TRCA will beeffective from the date of rejoining of duty. In case of GDSs on put off duty as on 01.07.2018, they shall continue to draw ex gratia payment based on existing TRCAand fixation of his TRCA shall be subject to the final order on the pending disciplinary proceedings

3. Annual Increase.
The annual increase of TRCA is 3%. After fixation of TRCA in the appropriate stage in the TRCA Matrix /slab as specified in Para 2.2 above, the next annual increase will be effected after completion of 12 months of continuous engagement from that date subject to para 3.2 below. Subsequent increase in TRCA scaleshall be at the immediate next stage in the respective levels of new TRCAmatrix at Table

3.1. In respect of the GDSs engaged on or after 01.07.2018, the initial fixation will be done on first stage of Level 1 of the respective category.
3.2 There shall be two dates of annual increase in TRCA namely, 1st July and 1st January of every year; provided that a GDS shall be entitled to only one annual increase in TRCA on either one of these two dates depending on the date of engagement.

4. Other Allowances:
Other allowances namely, Office Maintenance allowance, Fixed Stationery Charges, Cycle Maintenance Allowance, Combined Duty Allowance, Risk and Hardship Allowance have been revised as detailed in Annexure-I.

5. Dearness Allowance
The existing practice to grant the Dearness Allowance will continue, as per the Seventh CPC recommendations, as a separate component, and also as revised from time to time, whenever it is revised for Central Government Servants.

6. Productivity Linked Bonus
Present calculation of Ex-gratia bonus by applying the calculation ceiling oft7,000 as basic TRCA + DA shall continue until further orders.

7. Date of Effect
The revised TRCA as per the matrix at Table-3 for all GDSs shall be applicable w.e.f. 01.07.2018. The revised rate of other allowances at Annexure-I shall also take effect from 01.07.2018.

8. Payment for the Period from 01.01.2016 to 30.6.2018
The arrear payable to GDS will take Into consideration the following two figures:
(i) Due for the period from 1.1.2016 to 30.6.2018 calculated on the basis of TRCA already drawn multiplied by a factor of 2.57
(ii) TRCA Including DA drawn for the above period from 1.1.2016 to 30.6.2018
(iii) The difference between (i) and (ii) will be the amount payable to GDSs on account of arrears.
Illustrations in this regard are given at Annexure-III

9. The payment due to GDSs, according to instructions at Para-8 above maybe initiated immediately so as to ensure disbursal latest by 15th July, 2018. Likewise, the process of fixation of TRCA in the new TRCA matrix as at para 2.2may be completed before 25th July 2018. With regard to the payment for the period from 1.1.2016 to 30.6.2018, an undertaking in the prescribed format (Annexure-IV) should be obtained from each Gramin Dak Sevak and kept onrecord before disbursement of the arrears.

10. The Circle Postal Accounts Office shall carry out cent percent verification of fixation of TRCA consequent on revision. The entire process of verification should be completed by 31.12.2018.11. This OM issues with the concurrence of Ministry of Finance ( Department of Expenditure) vide their ID Note Number 7/3U2006-E.III (A) dated 02.O4.2018 (Smriti Sharan) Deputy Director General ( Establishment)

Smriti Sharan)
Deputy Director General (Establishment)

Source: utilities.cept.gov.in

Centre Proposes to Revise the Minimum Rate of Wages for Private Security Guards

Centre Proposes to Revise the Minimum Rate of Wages for Private Security Guards

The Central Government after consulting the Minimum Wages Advisory Board has proposed to revise the minimum rate of wages for the employees engaged in “Employment of Watch and Ward”. The security guards without arms and with arms are being covered under “Skilled” and “Highly Skilled” category respectively. After considering the objections/suggestions received with reference to the draft notification published on 01.09.2016, the final notification will be issued in consultation with Ministry of Law & Justice.

This information was given by Shri Bandaru Dattatreya, the Minister of State (IC) for Labour and Employment, in reply to a question in Lok Sabha today.

PIB

Amendment in General Conditions of Contract(GCC)-2014 - Payment of wages to the labour by Contractor

Amendment in General Conditions of Contract(GCC)-2014 - Payment of wages to the labour by Contractor: Clarification by CPWD

CENTRAL PUBLIC WORKS DEPARTMENT

OFFICE MEMORANDUM

No. DG/SE/CM/CON/283

ISSUED BY AUTHORITY OF DIRECTOR GENERAL, CPWD

NIRMAN BHAWAN NEW DELHI

DATED: 05.05.2015

Subject: Amendment in General Conditions of Contract(GCC)-2014 - Payment of wages to the labour by Contractor.

The following provision of C.P.W.D. Contractor’s Labour Regulations of GCC-2014 are amended:-

Existing Provision	Modified Provision
C.P.W.D. Contractor’s Labour Regulations 5. PAYMENT OF WAGES	C.P.W.D. Contractor’s Labour Regulations 5. PAYMENT OF WAGES
vi) Wages due to every worker shall be paid to him direct or to other person authorized by him in this behalf.	vi) Wages due to every worker shall be paid to him direct by contractor through Bank or ECS or online transfer to his bank account.
vii) All wages shall be paid in current coin or currency or in both.	vii) All wages shall be paid through Bank or ECS or online transfer.
x) It shall be the duty of the contractor to ensure the disbursement of wages in the presence of the Junior Engineer or any other authorized representative of the Engineer-in-Charge who will be required to be present at the place and time of disbursement of wages by the contractor to workmen.	x) It shall be the duty of the contractor to ensure the disbursement of wages through bank account of labour.
xi) The contractor shall obtain from the Junior Engineer or any other authorized representative of the Engineer-in-Charge as the case may be, a certificate under his signature at the end of the entries in the "Register of Wages” or the Wagecum-Muster Roll” as the case may be in the following form:- "Certified that the amount shown in column No ................ has been paid to the workman concerned in my presence on .......................... at ...................."	xi) The contractor shall obtain from the Junior Engineer or any other authorized representative of the Engineer-in-Charge as the case may be, a certificate under his signature at the end of the entries in the "Register of Wages” or the "Wagecum-Muster Roll” as the case may be in the following form:- "Certified that the amount shown in column No ................... been paid to the workman concerned through bank account of labour ....................... on at ......................"

The field units may also pursue with contractors of the existing contract to make payment to the labour by contractor through Bank or ECS or online transfer also.

Superintending Engineer (C&M)

Source: http://cpwd.gov.in/WriteReadData/con_cir/15028.pdf

Denial of proper wages, working hours, holidays etc., to the contract workers in Railways-reg.

Denial of proper wages, working hours, holidays etc., to the contract workers in Railways: NFIR writes to Railway Board

NFIR
Railwaymen National Federation of Indian
3, CHELMSFORD ROAD, NEW DELHI 110055
Affiliated to : Indian National Trade Union Congress (INTUC)
International Transport Workers’ Federation (ITF)

No. II/57

Dated:10/06/2014

The Member Staff, Railway Board, New Delhi

Dear Sir,
Sub: Denial of proper wages, working hours, holidays etc., to the contract workers in Railways-reg.
Reft (i) NFIR’s refter No. II/28/Pt.III dated 04/01/2012, II/57 dated 11/04/2002, 30/11/2012, 16/08/2013 & 31/03/2014.

(ii) Railway Board’ s letter No.2013/ E(LL)AT/CNR/8 dated 26/02/2013.
NFIR vide series of letters quoted under reference have brought to the notice of the Railway Board a number of irregularities in regard to payment of wages, working hours, holidays etc.,of contract workers. The Federation has also conveyed vide letters cited under reference, that there has been gross violation of contract labour (Regulation and Abolition)Act, 1970 by the employers.

2. In this connection, NFIR further wishes to convey following irregularities committed in the similar way by the Contractors in various other Departments on the Railways:-

(a)1. Engineering Department:
Minimum wages are not paid to the workers and Attendance Register of workers is also not maintained. Identity Card, Medical facilities, payment slips, Accommodation for their stay and water facilities are also not provided. The contract Labourers are working on Railway Tracks in peak period are putting their lives in dangers as no safety measures taken. Railway Contractors are not making accident insurance for these labourers.

2. Mechanical Department:
Railway Contractor’s workers are sweeping and cleaning all the compartments of the coaches of trains. ESIC facility is not provided by the contractors but amount is recovered from their payment. Pay-slip is not given regularly. Their P.F. is deducted but where it is deposited is not known to the workers. Contractors are also not depositing employers’ share amount of P.F. in the P.F. account of workers.

3. Operating Department:
Railway Contractor’s workers are sweeping and cleaning Railway Stations, Railway Tracks, surrounding areas and offices in Railway premises. ESIC facility is not provided by the contractors though money is recovered from their wages. Pay-slips are not given regularly. Their RF. is deducted but where it is deposited is not known to the workers. Contractors are also not depositing employers’ share amount of P.F. in the P.F. accounts of workers. After finishing the tender. Railway Administrationis engaging these labourers to do the above work in three Railway Stations i.e. Kalyan, Panvel & Lonavala of Central Railway. The Railway Administration is unable to make payment to the labourers. After the protest rally by CRMS in February 14, the Railway Administration made payment to the labourers working in Kalyan & Lonavala, Payment but however those working in Panvel station the payment is not done.

4. Commercial Department (Central Railway):-
Railway Contractors are running Tea Stalls, Refreshment rooms, etc., in Railway Stations and contract workers are working as cooks, vendors helpers etc. Railway Contractors are not making payment to them. They are deputed to work on commission basis. Since the labourers are working on commission basis, they are loosing the benefit of P.F. Also unauthorized hawkers are working at the stations, thus authorised vendors are unable to manage their families in these hard days.

There are more than 50% vacancies of luggage and parcel porters, Loading and unloading work has increased, thus the labours are facing lot of difficulties. It is requested to restore clearing & forwarding Agents as existed earlier.

5. Electrical Department (Central Railway):-
The Railway Contractor labour are working as AC Attendants in AC Coaches in the passenger carrying trains. They are not paid their wages and travelling allowance as per rules. Their P.F. is deducted but where it is deposited not known to them. Contractors are also not depositing employers’ share amount of P.F. in the P.F. accounts of workers.

3. Federation further wishes to convey to the Railway Board that the Act under section 23 provides for penal action against the defaulters if contravention of the Act continues and the Departments employing the contract labour are liable to be imposed punishment.

Incidentally, it is mentioned that the provisions of Contract Labour (R & A) Act 1970 & Rules 1971 were circulated by the Railway Board to all Zones, Production Units etc., vide letter dated 26/02/2013 quoted under reference for enforcement in letter and spirit. But unfortunately no action has been taken and the Federation has been compelled to bring these issues to the notice of the Railway Board.

NFIR, therefore, once again urges the Railway Board (MS) to kindly arrange to undertake immediately investigation into the above irregularities for ensuring that contract workers are not exploited by the contractor/employer. Federation may please be advised of the action taken early.

Yours faithfully,

(M. Raghavaiah)
General Secretary

Source: NFIR
[https://docs.google.com/file/d/0B40Q65NF2_7UeVZjV2p3Z0ttS2FFT0R3VmNqQXJ2ZThZN09N/edit]

The Payment of Wages Act 1936

The Payment of Wages Act 1936
 The payment of Wages Act, 1936 is an important piece of legislation which regulates the payment of wages to employees in the industrial and other establishments, who are in respect of wages with average upto Rs.1600/- per month.  It seeks to ensure timely payment of wages without any unauthorised deductions.

The payment of wages (Railways) Rules, 1936, as amended from time to time, were framed by the Central Government to secure proper enforcement of the provisions of the Payment Of Wages  Act in respect of persons employed in railway including railway contractors who employ 20 or more persons on any day in the preceding 12 months.

Aim

•  To secure regular, prompt and cash payment
•  To fix wage period
•  To regulate the deductions made from the wages

Application

The Act is applicable to all Railway employees, and person employed in industrial establishments, and others whose wages are less than Rs. 1600 per month.

Wages include

• Basic pay.
• Officiating allowance.
• Leave salary.
• Overtime allowance.
• Special Compensatory allowance.
• House Rent allowance.
• Increment.
• Payment in lieu of notice period.
• Payment for piecework.
• Running allowance etc.

Wages does not include TA, bonus, housing accommodation, services and amenities provided, contribution paid by employer towards pension or gratuity, value of free passes and PTOs, value of rent free quarters, value of medical attendance, subsistence allowance etc.

Wages responsibility of Payment of Wages

•  The employer is responsible for the payment of wages to persons employed by him.
• Payment of wages should be made on a working day.
• Payment of wages should be in coins or currency in vogue.
• Payment in kind is not permissible.

Wage Period

Employer is responsible to fix the wage period for arranging payment and in no case the wage period shall exceed one month.

Payment Day

Where there are less than 1000 employees, the wages should be paid before the expiry of the 7th day after the wage period. Where there are 1000 or more employees, the wages should be paid before the expiry of the 10th day after the last day of the wage period.
If the employer terminates the employment, the wages earned should be paid before the expiry of the second working day from the date of termination.

Authorised Deductions

Wages of an employee should be paid without deduction except those authorized under the act. Deductions should not exceed 75% of wages, if deductions towards cooperative / consumer society are made and it should not exceed 50% of wages in other cases.

The authorized deductions are :

• Fines.
• Salary for absence from duty.
• Damage or loss of goods expressly entrusted to the employee or for loss of money for which the employee is accountable.
• Amenities and services.
• Income tax.
• Court attachments.
• Payment to cooperative societies.
• Insurance premium.
• House rent and allied charges.
• Loans and advances.
• Station and Stores debits.
• Prime Minister’s relief found.
• National defense fund.

Notices

• Number of persons employed.
• Wage period.
• Date of payment.
• Abstract of the Payment of Wages Act.
• Register
• Fines.
• Deductions
• Wages.
• Advances
• Inspectors

 The inspector of Factories, labour Inspectors and CIRM officials functions as Inspectors under the Act.

Penalties

Penalties are prescribed for omissions like failure of payment/delayed payment/unauthorized deductions and failure to display notices/registers.

Source: http://indianrailwayemployee.com/content/payment-wages-act-1936