Interface meet with Deputy Commissioner of Labour – DCL office, Nehruji Nagar
The program Manager Mrs. Dhivya introduced the current workers and the survivors of the textile industries who are in the adolescent and the JLGs of the target area. Mr. Kumar the DCL asked on the activities of 5S as well as about the trade union that 5S has because he knew about TTCU when he just taken the position in the district, during which TTCU was dealing the jumped over case of the two mill girls in Eveready mill.
The members one by one introduced themselves and the activities of 5S and TTCU were shared by the FCOs. The DCL on his point of view shared that the respective department for labour issues in textile sector are the industry of safety and health. The labour issues are the major concern of this department therefore this department has nothing to do with the NGO but has very close connection with trade union.
He said that he would share the common elements based on which the participants could raise questions on the relevant matters. He said that the major concern of this department is the wages and the industry that has thousand and above number of labours, it has to issue the salary for the labours within 10 days of the month. The salary slip with the deduction details and the salary registers are the most and mandatory documents that need to be maintained by the industry that can be audited.
He also shared that provident fund-PF and employee state insurance- ESI are very must for which the labour should insist the industry and ask for them to be deducted from the salary. The working hour of industry for labours is 8 and the adolescents from 15 -18 years of old should not be engaged in the night shifts. The apprentice who complete their 240 days of work in the industry should be made as permanent labor.
Mr. Kumar said that this labor commission has two wings among which the industry related issues are handled by the Director of safety and health department and the labour issues are addressed by the commissioner of labour.
He shared that a labour has to be in advance about the loosing of job as well as the closure of mill on which the labour should give a show cause notice and based on which the further steps could be followed as per the industrial dispute act (3). The resolution could be made among the labours of five years for claiming their gratuity which also includes their apprentice period.
He did speak on bonus which is a must for a labour. An industry even if it is at the stage of its closure and the labours has the right to the bonus of 8.33% as per the day and TA allowance and the maximum bonus is 24% that could be calculated as 15/26. He did say that the bonus is calculated based on the gain of the industry that will be proved with the balance sheet-surplus. He was very stern in saying that this bonus has nothing to do with the prize hike about which the labours should clearly understand.
The labour who worked for 60 days is eligible for having the bonus. The bonus could be availed on the 8th month itself and most of the factories issue the bonus for Diwali. He had found in his experience that in an industry where only the Muslim work is issuing the bonus for Ramzan and a particular mill issues the bonus for the local festival. He said that the bonus is at various levels that are customary bonus, festival bonus and productivity bonus etc.
He himself witnessing that the working conditions in the mill are very appreciable including the food and accommodation. The Sumangali practices are closed also the mill pays the labour on time via bank transactions. The workers argued that the scheme amount are still pending for the sumangali workers and there are mills still never provide salary slip and the deducted PF money is not deposited by the mill in the PF account. He couldn’t deny them but he said there are exemptions.
Mr. Kumar said about the 12/3 settlement if the labour of the particular mill is able to join as union. He said that the judiciary also has a limitation that a labour case should have its result and closure within 3 years. Mrs. Dhivya program manager thanked Mr. Kumar DCL for his valuable time in sharing the norms, activities and the labour benefits with the current workers and survivors despite of his tight schedule.