Labour in West Bengal 2014-15 Annual Report FOREWORD Under the inspired leadership and guidance of the Hon’ble Chief Minister of West Bengal,the Labour Department is functioning as a responsive wing of the State Government. Nearly seventy six lakh beneficiaries have been enrolled under the various social security schemes run by the Department. Rupees twelve thousand nine hundred eleven crore has been disbursed so far in various types of benefits to nearly thirteen lakh unorganished workers under the schemes. There has been a significant improvement in industrial relations during the period under review. The management and trade unions conducted business with a high level of maturity and dedication. Thus it has become possible to settle a large number of long outstanding issues through bipartite and tripartite negotiations. Industry wide settlements have taken place not only in the Sponge and Ferro Alloy industry, but also in the Tea and Jute industries, bringing relief and succour to a major section of the labour in West Bengal. Thirty new employments including the employments of ‘Factories’, ‘Bottling Plants’, ‘Establishments’ and ‘Shopping Malls’ have been brought into the schedule to the Minimum Wages Act, 1948, in respect of the State of West Bengal. This is a major step forward towards protecting the weaker section of the labour who has little or no bargaining power before the Big industry houses. Most of the unorganised workers are now covered under the Act, wherein 91 employments have been included so far in the Schedule. The inspecting officials of the Labour Commissionerate, the Factories and Boilers Directorates maintain a strict vigil on enforcement of statutory provisions guiding the working conditions and safety standards at industrial establishments and also on payment of statutory dues to workers. Thus the Government is ever vigilant on social security schemes as well as on maintaining statutory discipline. Let the workers be happy and the industries flourish. (Moloy Ghatak) Minister in Charge, Labour Department. Government of West Bengal. PREFACE It is a matter of great pleasure to bring out “Labour in West Bengal 2014-15”, the annual publication of the Labour Department, Government of West Bengal. The volume provides an overview of the functioning of the different directorates and welfare boards under the administrative control of the Department. The statistics incorporated in it throws light on the industrial relation situation prevailing in the state as well as developments under the social security schemes implemented through different directorates. The volume is a result of the collective and sincere efforts of the officers and staff of the Labour Department and its various Directorates. Special mention may be made of the Statistical Section of the Labour Commissionerate, which supervises publication of the book. Since possibilities of error cannot be ruled out in spite of our efforts, feedback and suggestions for improvement are welcome from the end users of the publication,i.e. the members of the trade unions, trade associations, the chambers of commerce, the private and public establishments, different government departments, the policy planners, administrators, people’s representatives as well as educational and research institutions. [ Amal Roy Chowdhury ] Secretary Labour Department Government of West Bengal INTRODUCTION The Labour Department is one of the major departments of the government, mainly involved in maintaining industrial peace and harmony in the state. The department seeks to facilitate harmonious industrial relations with an aim at ensuring the workers’ basic rights at their workplace. There are a number of social security schemes and welfare fund boards for different sections of workers. The department is instrumental in conciliation and conflict resolution between the labour and the management. The Labour Department seeks to promote welfare of the working class by ensuring safety, security and improved conditions of work, enforcing various labour laws in respect of minimum wages, payment of wages , gratuity etc., facilitating collective bargaining within the framework of the Industrial Disputes Act, 1947, providing social security for the workers and their family members, legal remedies in exigencies like loss of job, strike, lockout, closure etc., special protection for specific class of workers like women, children, beedi workers, motor transport workers, construction workers, plantation workers etc. It also facilitates employment/placement of job seekers and undertakes skill development programmes for the job seekers. The diversified activities of the Labour Department,West Bengal are carried out by the different Directorates of the Department viz. (i) Labour Commissionerate (ii) Directorate of Employment (iii) Directorate of Factories (iv) Directorate of Boilers (v) Directorate of E.S.I. (MB Scheme) (vi) Directorate of Industrial Tribunals & Labour Courts. The Directorate of Shops & Establishments has been merged with the Labour Commissionerate by a notification, issued on 06.06.2013. Besides these, the West Bengal Labour Welfare Board, Commissioner under the Workmen’s Compensation Act,1923 and the State Labour Institute are also administered under the aegis of the Labour Department. The Labour Department is headed by Hon’ble Minister-in-Charge. The major branches and cells of the Labour Department are x I.R. Branch (Industrial Relation) x G.E. Branch (General Establishment) x L.W. Branch (Labour Welfare) x S.S. Branch (Social Security) x Employment Cell x Minimum Wages Cell x RTI Cell x Grievance Cell x Law Cell There is a Website at URL (wb.gov.in/portal/wblabour)where all important information are available. Apart from statutory functions, the Department implements the following important Schemes/ Projects: Plan Scheme: Central Sector Rashtriya Swasthya Bima Yojana (RSBY) National Child Labour Project (NCLP) State Sector x State Assisted Scheme of Provident Fund for Unorganised Workers (SASPFUW) x West Bengal Transport Workers’ Social Security Scheme (WBTWSSS) x West Bengal Beedi Workers’ Welfare Scheme (WBBWWS) x West Bengal Unorganised Sector Workers’ Health Security Scheme (WBUSWHSS) x UdiyamanSwanirvhar Karmasangsthan Prakalpa (USKP) x Skill Development of Registered Job-seekers (SDRJ) Non Plan Scheme: x Financial Assistance to the Workers in Locked Out Industries (FAWLOI) x Social Security for Building Workers under Building & Other Construction Workers (Regulation of Employment & Conditions of Service) Act, 1996 An overview of the Directorates/ bodies under the Labour Department is given below: Labour Commissionerate The Labour Commissionerate of the state maintains industrial relations, enforces various labour laws and also administers social security schemes for the workers. The Labour Commissionerate administers the following Acts: x The Industrial Disputes Act, 1947 x The Industrial Employment (Standing Orders) Act, 1946 x The Minimum Wages Act, 1948, x The Payment of Wages Act, 1936; x The Contract Labour (Regulation & Abolition) Act, 1970 x The Interstate Migrant Workmen’s (Regulation of Employment & Conditions of Service) Act, 1979 x The Equal Remuneration Act, 1976 x The Beedi & Cigar Workers (Conditions of Employment) Act, 1966 x The Motor Transport Workers Act, 1961 x The Plantations Labour Act, 1951 x The Sales Promotion Employees (Conditions of Service) Act, 1976 x The Working Journalists & Other News paper Employees (Conditions of Service & Miscellaneous Provisions) Act, 1955 x The Payment of Gratuity Act, 1972 x The Child Labour (Prohibition & Regulation) Act, 1986 x The Building & Other Construction Workers (Regulation of Employment & Conditions of Service) Act, 1996 x The Trade Unions Act, 1926 x The Payment of Bonus Act, 1965 Apart from these Central Acts, the Commissionerate also administers the West Bengal Payment of Subsistence Allowance Act, 1969, West Bengal House Rent Allowance Act, 1974, West Bengal Unorganised Sector Workers’ Welfare Act, 2007. The Beedi Workers’ Welfare Scheme 2007 is also implemented by the Commissionerate. Besides, the West Bengal Unorganised Sector Workers Welfare Board administers the State Assisted Scheme of Provident Fund for Unorganised Workers (SASPFUW), the West Bengal Building & Other Construction Workers’ Welfare Board administers the welfare and social security schemes for construction workers and the West Bengal State Social Security Board administers the welfare scheme for transport workers. This Commissionerate also administers the West Bengal Shops & Establishments Act, 1963 which regulates the employment and working conditions of the employees working in shops and establishments all over West Bengal. Directorate of Employment There are 73 Employment Exchanges and 4 University Employment Information and Guidance Bureau under the Employment Directorate. It acts as a placement agency for the registered job-seekers as well as a facilitator in enhancing their employability under Skill Development Programme or for starting their own individual enterprises through self-employment skill schemes under Udiyaman Swanirvhar Karmasangsthan Prokalpa (USKP). Directorate of Factories The Directorate of Factories primarily looks after the implementation of the Factories Act, 1948 for ensuring safety, health and welfare of the workers inside the factory premises. It strives to prevent occurrence of accidents and occupational health hazards. Directorate of Boilers The Directorate of Boilers is responsible for administration