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In 1991, There Has Been a Relentless Attack On Registered with RNI, Delhi Regn. No. KARENG/2005/14831 452 Vol 38 - 8 February, 2020 Ever since the onset of Liberalisation, Privatisation the Code is tilted more in favour of the Corporates and Globalisation (LPG) in 1991, there has been a with a hidden agenda to strengthen “hire and fire” relentless attack on laws relating to the working class policy at the whims and fancies of the employer and trade unions with the sole aim of weakening which will further enhance the exploitation of the them in favour of the Corporates. This Government’s working class. A few regressive and disturbing mantra - “Ease of Doing Business” - has added fuel to provisions that are part of the IRC are: - the fire. As a part of the agenda and with the so called Membership: The Code while retaining the aim to streamline the industrial relations and improve employee threshold at 100, has given all the the Ease of Business Index, the Labour Ministry has powers to the Government to reduce or increase decided to amalgamate 44 labour laws into four codes the threshold through notification. It has also given — wages, industrial relations, social security & safety huge powers to the Government and the flexibility and health & working conditions. Inline with the same to reduce or increase the threshold for the purpose the Government has ventured into consolidation of of seeking permission before closure, retrenchment three existing laws - the Trade Unions Act, 1926, the and lay-off. However, it was not easy for the Industrial Employment (Standing Orders) Act, 1946 Government to increase the threshold to 300 to and the Industrial Disputes Act, 1947 and bring out fire them or even close shop without seeking its the Industrial Relations Code (IRC). This is the third permission. It is believed that the threshold was of the four labour codes that the Labour Ministry forced to be maintained at the current level due to intends to roll out as part of the labour reforms. relentless pressure from various quarters. These are said to be the next generation labour reforms Majority: Under IRC, a union that commands 75% to aid ease of doing business in India and boost or more workers on the rolls of the establishment growth and to attract domestic and foreign companies only will be recognised by the managements to invest more in the country. The stated objective of as sole negotiating/bargaining/majority union. IRC is “to consolidate and amend the laws relating to Where no trade union has 75% or more, IRC Trade Unions, conditions of employment in industrial provides for constituting a Negotiating Council by establishments or undertakings, investigation and the Government consisting of one representative settlement of industrial disputes and on matters from each trade union which has the support connected therewith or incidental thereto”. However, of not less than 10% members. This is clearly a from a close reading of the IRC, it is apparent that retrograde and divisive step to curb the rights of Edited and Published by Editor Members Asso. Editor Y. Sudhindra Y. Sudhindra K.B. Prasada Satish Shetty Devaraja B.P. on behalf of the Owners : Rachappaji J. Printed by: Corporation Bank Officers’ M. Rajesh Dange Founder Editor : Sri T.R. Bhat Organisation (Regd.) Codeword Process & Printers, Licensed to Post Under License 106, Lobo Prabhu Court, Falnir, Mangalore - 575 001 MNG/128/2015-17 & SK/MNG/WPP/7 Light House Hill Road, Mangalore - 575 001 e-mail: [email protected] * Visit us @ our website:www.cboo.org * Phone: CBOO Central Office : 2422712, 2422501 * CBOO CENTRE : 2493 698 Officers’ Voice, February 2020 2 the majority union as a sole bargaining agent. contractual workers are treated on par While, majority status in all other cases is 51% with the permanent workers. including that in the Legislatures, Parliament etc., • The Code clearly defines an employee to whether prescribing 75% as a majority mark for include any person employed to do supervisory the trade unions is a deliberate attempt to incite and managerial work (also) while this section internal fights, constant bickering amongst the of the employees was excluded in the ID Act, trade unions, eternal unrest and horse trading? 1947. With multiplicity of the unions in every industry, • The Code underlines unfair trade this is an attempt to curtail the genuine rights practices on the part of the employer of trade unions that command a simple majority regarding restricting workers from the exercise presently. of their right to organise, form, join or assist Fixed Term Employment: A new (draconian) a Trade Union and restrain managements concept of Fixed Term Employment has been establishing employer sponsored trade union introduced in the Code that allows an employer of workers, among other things. to employ a person for a fixed term and thereafter Going by various provisions of IRC, the negatives the service of the employee will be terminated for the organised class overweigh the positives. or superannuated with statutory benefits, as The proposals are very serious and potent to applicable. This way, an employee under Fixed de-unionise the working class in no time. All Term Employment may be left with no job in the trade unions including those in the banking the mid years of his productive life, causing industry need to react swiftly to the proposed disguised unemployment, under-employment of IRC and cannot compromise on the hard-earned phenomenal levels and relegating the employable rights of the past. The studied silence of present, citizenry to despair. Though, this provision was among the unions appears to be a pointer to the approved by the Central Government almost lack of a determination to fight, paving the way a year back, it found no favour with State to the Government to sail through smoothly. Do Governments and thus was relegated. With the we really care for our collective rights? current Code, it is now mandatory for the States to follow it. Then the question that obviously OV arises is “Why fixed term is applicable only to working class and why not to the Elected Representatives?”. C O N T E N T S Page No. Strikes: As far as strikes are concerned, apart from the existing provisions, the Code CBOO News 3 includes Mass Casual Leave by 50% or more Sports Activities 5 of the employees used as a tool of agitation, Donation to Swasti 7 thus curtailing their rights to vent their anger Obituary 8 and protest, as a salvo on the management for redressal of their grievances. The right of AIBOC News 9 Mass Casual Leave will be snatched away to Banking Round up 16 enhance the powers already available with the Miscellany 25 managements. Circular Round up 32 Positives from the code: Retirements 35 There are a few positives also in the Code too: Class Room 39 • ILC envisages setting up a Worker Health Watch 40 Re-skilling Fund for training of retrenched employees. Though it allows companies Article by Shri T.R. Bhat 41 to hire workers on contract, it ensures that In Lighter Vein 44 Officers’ Voice, February 2020 3 Staff members participated in all the meetings CBOO NEWS and expressed strong resentment against the government’s announcement of the merger of our PROTEST ACTIONS AGAINST MERGER OF OUR Bank. Speakers at the meetings informed the ill BANK effects of mergers drawing from the history of earlier MEETINGS merger of New Bank of India with Punjab National Bank in 1993 and Associate Banks with SBI and Protest Meetings under the aegis of United Dena Bank & Vijaya Bank with Bank of Baroda in Forum of Corporation Bank Unions’ against the the last couple of years. All members were exhorted announcement of merger of our Bank with Union to inform the ill effects of merger on closure/merger Bank of India was held at various centers during of branches of the merged entity, increase in service January, 2020 as detailed hereunder: charges/rate of interest, loss of future employment Date Place [Zones] to the youth of the country leading to increase in unemployment problem, continued slide in GDP rd 03 January, 2020 Mangalore [HO & Mangalore] affecting the economy of the country, ill-advised 05th January, 2020 Thrissur [Kochi] move for stake sale in Nava Ratna and Mini Ratna 05th January, 2020 Patna [Patna] Companies of the country like Bharat Petroleum Corporation Ltd (BPCL); Shipping Corporation th 19 January, 2020 Bhopal [Bhopal] of India; Container Corporation of India; Tehri 24th January, 2020 Panaji [Goa] Hydro Power Development Corporation (THDCIL), 25th January, 2020 Bangalore [Bangalore – and North Eastern Electric Power Corporation Ltd North & South] (NEEPCO) apart from closure of Metals & Minerals Trading Corporation of India (MMTC), State Trading 25th January, 2020 Delhi [Delhi – North & Corporation (STC) and Project and Equipment South] Corporation Ltd. The ill effects of such move on the 25th January, 2020 Mumbai [Mumbai & Thane] economy in terms of creation of monopoly in private 25th January, 2020 Chandigarh [Chandigarh] sector in some cases and exit by the Government in some strategic industries was also highlighted. 25th January, 2020 Chennai [Chennai] 25th January, 2020 Kolkata [Kolkata] All members were requested to stand by, for any call given by the unions in the fight against merger that th 25 January, 2020 Coimbatore [Coimbatore] received thunderous applause from the gathering. 25th January, 2020 Hubli [Hubli] Large number of members attended the meetings 25th January, 2020 Ahmedabad [Ahmedabad] travelling through the length and breadth of the zone and braving chilly weather at many places. 25th January,
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