Training Strategies for Strengthening Labour Inspection Services in India

Transcription

1 Training Strategies for Strengthening Labour Inspection Services in India V.V. Giri National Labour Institute Presentation at the Workshop on Development of a Training Strategy for Labour Inspectors in India March 9-10, 2010

2 Objectives of the Presentation Provide an overview of labour inspection systems in India and the available training options Assess the strengths and limitations of the existing labour inspection system and training options Highlight training strategies to make the labour inspection system in India more effective and efficient 2

3 Labour in the Concurrent List of the Indian Constitution Labour Inspection Systems exists both at the Centre and State level Inspection systems at the centre: Chief Labour Commissioner Organisation mainly responsible for conducting inspections in the establishments falling under the central sphere Other major agencies entrusted with inspection responsibilities include: Directorate General of Labour Welfare, Employees Provident Fund Organisation, Employees State Insurance Corporation, Director General Mines Safety 3

4 Legal Sources for the Application of Labour Inspection CLC Organisation Responsible for undertaking inspections under the following major enactments: Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 Child Labour(Prohibition and Regulation) Act, 1986 Contract Labour(Regulation and Abolition) Act, 1970 Equal Remuneration Act, 1976 Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 Maternity Benefit Act, 1961 Labour Laws (Exemption from Furnishing Returns and Maintaining Registers by Certain Establishments) Act,

5 Legal Sources for the Application of Labour Inspection CLC Organisation Minimum Wages Act, 1948 Payment of Bonus Act, 1965 Payment of Gratuity Act, 1972 Payment of Wages Act, 1936 Hours of Employment Regulation in Railways 5

6 Legal Sources for the Application of Labour Inspection Directorate General Labour Welfare Responsible for undertaking inspections under the following major enactments: Beedi Workers Welfare Fund Act, 1976 BeediWorkers CessAct, 1976 Cine Workers Welfare Fund, 1981 Cine Workers Welfare Cess Act, 1981 Lime Workers Welfare Fund, 1981 Iron Ore, Manganese Ore Mines and Chrome Ore Mines Labour Welfare Fund Act, 1976 Iron Ore, Manganese Ore Mines and Chrome Ore Mines Labour Welfare Cess Act, 1976 Limestone and Dolomite Mines Labour Welfare Fund Act, 1972 Mica Mines Labour Welfare Fund Act,

7 Legal Sources for the Application of Labour Inspection Employees Provident Fund Organisation Employees Provident Funds and Miscellaneous Provisions Act, 1952 Employees State Insurance Corporation Employees State Insurance Act, 1948 Directorate General Mines Safety Mines Act,

8 Nature and Scope of Labour Inspection Mechanism CLC Organisation: Different levels of functionaries vested with powers of inspection Labour Enforcement Officers(LEOs): Constitute the lowest level of functional structure for inspection LEOs are primarily responsible for conducting inspection Overwhelming proportion (90-95%) of inspections are carried out by LEOs the total 8

9 Nature and Scope of Labour Inspection Mechanism CLC Organisation: Assistant Labour Commissioners(ALCs) Concerned mainly with conciliation Authority for licensing under CLR Act, 1970 and BOCW Act, 1996 Controlling authority under PG Act, 1972 and ER Act, 1976 Involved with around 5% of total inspections (mainly check inspections) 9

10 Nature and Scope of Labour Inspection Mechanism Regional Labour Commissioners Performs the role as authority under various labour enactments Involved with around 1% of total inspection (mainly check inspections) Deputy Chief Labour Commissioner Appellate authority under various enactments Involved with miniscule proportion of inspection(.5%) Chief Labour Commissioner Overall functional head of the CLC organisation Involved with very insignificant proportion of inspections(.1%) 10

11 Nature and Scope of Labour Inspection Mechanism Directorate General Labour Welfare Key functions involve administering the welfare funds constituted under the various labour welfare Acts Inspection are undertaken as a follow up as this key function Welfare Administrators are associated with the major proportion of inspections Employees Provident Fund Organisation Enforcement officers are mainly responsible for inspections underepfactandthe necessaryfollowup 11

12 Nature and Scope of Labour Inspection Mechanism Employees State Insurance Corporation Inspectors are mainly responsible for inspections under ESI Act and the necessary follow up Directorate General Mines Safety Assistant Directors are mainly responsible for inspections under Mines Act and the necessary follow up 12

13 Nature and Scope of Labour Inspection Mechanism State Governments Around 40 Central Laws are enforced by State Labour Departments State Labour Departments also enforce around State Laws Inspections under the various central and state enactments are mainly carried out by Labour Officers or designated inspectors 13

14 Processes and Procedures of Inspection Inspections are undertaken: suomoto complaint based In central sphere overwhelming majority of inspections are suo moto In contrast majority of inspections in States are complaint based Inspection process mainly involves: Obtaining statements of workers Checking records and registers Interactions with Trade Unions and Employers 14

15 Processes and Procedures of Inspection Subsequent to inspections, inspecting authorities prepare inspection reports Inspection reports generally highlight the degree of compliance Show cause notices are issued against employers in case of violation Based on responses to show cause, inspectors find complaint in Criminal Court of law Inspectors are required to act as public prosecutors in central sphere In the state sphere, in most states, professional advocates are hired and in some inspectors perform the role of public prosecutors In caseofconvictions,the Courts impose thepenalty as per the 15 provisions of the Act

16 Training Systems for Inspectors Chief Labour Commissioner Organisation Six week training in the Regional Labour Commissioner offices for new recruits New recruits attached with ALCs/RLCs Mentor training experience based Induction training (30-45 days) at V.V. Giri National Labour Institute Major modules covered include: Emerging trends in labour market; details of various labour laws; trends in labour jurisprudence; behavioural skills; inspection skills Periodical refresher courses at V.V. Giri National Labour Institute and other training institutions (Indian Institute of Management, Xavier Labour Relations Institute, National Institute of SBID 16

17 Training Systems for Inspectors Directorate General Welfare Organisation Attachment of new recruits with welfare commissioners for mentor training Employees Provident Fund Organisation New recruits are trained at NATRESS Periodical refresher courses at NATRESS Employees State Insurance Corporation New recruits trained at ESIC/zonal/regional Hqs. Directorate General Mines Safety New recruits trained at DGMS Hq. 17

18 Training Systems for Inspectors States Few states have dedicated state level labour institutes to impart training to labour inspectors/officers(maharashtra, Gujarat, Tamil Nadu, Kerala) In few states such institutions are existing present as a subsidiary of labour departments(west Bengal, Orissa) In some states other governmental/training institutions are engaged for imparting training to labour inspectors Some states have tie-up with V.V. Giri National Labour Institute to organise induction training programme for newly recruited labour inspectors (Tripura, Karnataka, Uttar Pradesh) States nominate different level of functionaries for refresher courses organised by different training institutions 18

19 Some Issues in Training Interventions Lack of a clearly articulated training policy for the labour inspection system as a whole Absence of a comprehensive data base highlighting the information on inspections sanctions and prosecutions Training interventions often considered as a one off strategy(mainly for new recruits) Limited efforts to involve other social partners (trade unions, employers) as target groups for training interventions to strength inspection systems 19

20 Strengthening Training Interventions Design an overall training policy for strengthening labour inspection system Evolve differential level of training to accommodate the training needs of labour inspectors, trainers and social partners Undertake training needs assessment for the different target groups, especially for the functionaries directly involved with inspection at the central and the state levels Organise Training of Trainers programme for resource persons from different training institutions Develop statistical indicators for strengthening training interventions (inspector to enterprises ratio; trends in violations; trends in sanctions; trends in prosecutions) Develop labour inspection manual 20

21 Thank You 21