Wednesday, 8 June 2016

Recognition of Trade Unions – New Rule Proposed by the Govt – Has to have at least 66% Support of the Workers

Recognition of Trade Unions – New Rule Proposed by the Govt – Has to have at least 66% Support of the Workers

Recognition of Trade Unions – In case no union garners the prescribed majority, the Bill provides for the formation of a collective bargaining council.

Soon, managements of companies will have to recognise trade unions that has the support of at least two-thirds or 66 per cent of workers, if the proposed Industrial Relations Code is enacted. Currently, there are no norms for recognising unions.

A union proving the requisite amount of support will also be considered as the representative body of workers to engage in dialogue with the management in case of a dispute. The revised Bill, containing this provision, has been sent for approval to the law ministry by the labour ministry.

In case no union garners the prescribed majority, the Bill provides for the formation of a collective bargaining council, where different unions will send their representatives. In such a case, a union gets a seat on the council for every 10 per cent of votes. Unions that do not get at least 10 per cent votes would not be included in the council.

Currently, there is no law that makes it mandatory for managements to recognise a trade union. Although there is a fundamental right to form unions and a statutory right to get it registered, there is no corresponding legal obligation on the employer to recognise a trade union, whether registered or not, even if they truly are representative.

“Recognition of a trade union is very different from registration. There have been numerous cases before tribunals where the management has refused to recognise a union as the bargaining body of workers. This provision will benefit both employers and workers as this will ensure a smooth dialogue process,” said a senior labour ministry official.

According to another ministry official, trade unions had objected to the original proposal of allowing a union that has even a per cent of votes higher than the second largest union as the sole negotiating agent during tripartite negotiations. For instance, in a situation where one union gets 41 per cent vote and the other 40 per cent, the second largest union with 40 per cent would have become irrelevant.

“They felt that it would have rendered a union with 40 per cent support useless and render smaller unions without bargaining power,” the official said.

Source: BS

7th Pay Commission News – Strike Notice by Defence Workers

7th Pay Commission News – Strike Notice by Defence Workers

7th Pay Commission News – Serving of Strike notice by Unions affiliated to INDWF on behalf of all Defence Workers – Indefinite Strike starts from 11th July 2016

In line with Indefinite Strike proposed by NJCA from 11th July 2016 relating to 7th Pay Commission Issues, INDWF, one of the largest Defence workers Federations, has announced its decision to proceed with Strike of all Defence Workers from 11.07.2016.

INDIAN NATIONAL DEFENCE WORKERS FEDERATION


INDWF/M of D/Strike/2016

Date : 05.06.2016

To

The Secretary to Government of India
Ministry of Defence
South Block
New Delhi 110 011.

Sub : Serving of Strike notice by Unions affiliated to INDWF to Head of Establishments/Units in all Directorates under Ministry of Defence – reg.

Sir,

The constituent Federation/Associations of National Council (JCM) have jointly submitted 11 point Charter of Demands to the Cabinet Secretary during July 2015 demanding him to settle the 11 point Charter of Demands (Enclosed as Annexure ‘A’).

Further, after submission of 7th CPC recommendations to the Finance Minister on 19.11.2015, on behalf of National Joint Council of Action (NJCA) submitted a memorandum to Cabinet Secretary vide letter No.NJC/2015/7th CPC are retrograde and the Central Government employees are very much agitated due to meagre increase of 14% wages.

The Charter of Demands on the recommendations of the 7th CPC, we demanded that the Government of India to settle the demands by holding a bilateral negotiations within February 2016.  It has been also intimated that if the desired settlement through bilateral discussions is not brought about by the first week of February 2016, NJCA will be constrained to go indefinite strike in the First week o March 2016.

Since, there was no settlement reached through bilateral negotiations, INDWF being one of the constituent of NJCA, it was jointly decided to go for an indefinite strike w.e.f.11.04.2016 and accordingly we have decided and directed all the affiliated union in Defence to conduct Strike Ballot on 12.02.2016 and serve the Strike notice on 11.03.2015.

After meeting the High Power Committee under the Chairmanship of Cabinet Secretary, Government of India, on 01.03.2016, as mentioned by him to the National Joint Counci9l of Action representative to give some more time to consider the demands, we have decided to defer serving of Strike notice to 09.06.2016 and to go on Indefinite Strike w.e.f. 11.07.2016.  Since there was no progress/development by holding a meeting to discuss the charter of Demands the constituent organisations of Central Government employees met on 03.06.2016 at Delhi and decided to serve Strike Notice on 09.06.2016 and to go on Indefinite Strike w.e.f.11.07.2016 0600 Hrs in order to achieve the demands both common as well as the demands pertaining to Defence Civilian Employees.

We are hereby informing the Government of India, Ministry of Defence all the affiliated unions of INDWF after serving the notices to their respective head of the establishments in all the Directorates under M of D, will proceed to Indefinite Strike w.e.f.11.07.2016 demanding the Government of India to settle the demands.

The Charter of demands are enclosed.

Yours Sincerely
(R. SRINIVASAN)

General Secretary

Source : INDWF

References from Ministries/Departments seeking advice of the DoP&T regarding further course of action to be taken on the order of Tribunal/Courts.

References from Ministries/Departments seeking advice of the DoP&T regarding further course of action to be taken on the order of Tribunal/Courts.


No. 43011/4/2015-Estt(D)
Government of India
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel and Training)
North Block, New Delhi
Dated the 07th June, 2016
OFFICE MEMORANDUM

Subject:- References from Ministries/Departments seeking advice of the DoP&T regarding further course of action to be taken on the order of Tribunal/Courts.

The Ministries/ Departments make references to this Department seeking advice
regarding the course of action to be taken on the order of Tribunal / Courts. Generally, if the directions of the Tribunals / Court is not in consonance with the policy of DoP&T, the administrative Ministry / Department concerned is advised for filing an appeal / review in the High Court in consultation with the Department of Legal Affairs. In a few of these cases, the advice of the Department of Legal Affairs is contrary to the advice of the DoP&T. Under such circumstances, the administrative Ministries / Departments make a second reference to DoP&T and DoLA for resolving the matter. The matter has been considered in the DoP&T and it also discussed with DoLA and representatives of Department of Revenue, Ministry of Health & Family Welfare, who have in the recent past made a few references of this type. In order to avoid second reference and to effectively deal with Court Cases, it has been decided that the following course of action may be followed:-
(a) Wherever the direction of the Tribunal or court is not in consonance with the policy of DoP&T, the DoP&T may not insist on the Administrative Ministry obtaining the advice of Department of Legal Affairs.
(b) In all the cases filed in Tribunals/Courts, the administrative Ministry shall defend the policy of DoP&T as laid in various OMs and instructions by filing an appeal or review in the appropriate court.
(c) The Ministry of Law and Justice to designate a counsel for each Ministry so that the court cases are defended well.
(d) The Administrative Ministry / Department must ensure that an officer of the level of Under Secretary or above is present in the court when important issues having policy issues or contempt petitions come up for hearing in the court.
(e) Where necessary, DOP&T while giving advice on the references pertaining to court cases, will indicate that an officer of DOP&T shall be co-opted for briefing ASG. In such cases, the administrative Ministry/Department shall fix an appointment with ASG and inform this Department in advance accordingly (i.e., venue, date and time).
(f) Wherever there is a case of delay, the Administrative Ministry may fix
responsibility for the same.
2. While defending court cases, as far as possible the DoP&T, Ministry of Law and line Ministry / Department should be on the same page and put up arguments on behalf of Union of India in a coherent manner and uphold the policy of the Government applicable in the relevant case.

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Status of Cadre Review Proposal as on 31.05.2016

Status of Cadre Review Proposal as on 31.05.2016


Status of Cadre Review proposals processed in DoPT from 1st January. 2011 to 31 st May. 2016 (status as on 08/06/2016)
A. Approved by Cabinet
S.No. Name of the Service CRC* Meeting Cabinet Approval
1. CPWD Central Engineering Service, Central Electrical & Mechanical Engineering Service and Central Architecture Service 27/06/2011 03/01/2012
2. Military Engineering Services (Indian Defence Service of Engineers, Architect Cadre and Surveyor Cadre) 22/09/2011 and 23/01/2012 18/04/2013
3. Indian Revenue Service 19/02/2013 and GoM** on 29/04/2013 23/05/2013
4. Indian Radio Regulatory Service 19/02/2013 03/07/2013
5. Central Labour Service 19/02/2013 17/07/2013
6. Indian Customs & Central Excise 27/08/2013 05/12/2013
7. Indian Cost Accounts Service 29/10/2013 02/01/2014
8. Central Power Engineering Service 11/12/2013 13/05/2014
9. Indian Ordnance Factory Service 19/03/2014 29/10/2014
10. Indian Civil Accounts Service 17/07/2013 16/01/2015
11. Border Road Engineering Service 26/02/2015 07/04/2015
12. Defence Aeronautical Quality Assurance Service 08/01/2015 06/05/2015
13. Indian Trade Service 06/05/2014 01/07/2015
14. Indian Statistical Service 24/06/2014 29/07/2015
15. Indian Skill Development Service 10/04/2015 07/10/2015
16. Indian Postal Service 28/12/2015 25/05/2016

S.No Name of the Service Status
1. With Concerned Ministry – CRC meeting held and Cabinet approval pending (5)
1. Railway Protection Force CRC meeting held on 29/07/2013. Decision with the approval of MaS (PP) and FM has been communicated to the Ministry of Railways on 09/10/2013 for taking Cabinet approval.
2. Indian Naval Material Management Service The CRC meeting held on 24/10/2013. Comments of DoPT on Cabinet Note have been provided to Ministry of Defence on 21/1/2015.
3. Indian P&T Acctt. and Fin.Service CRC meeting held on 17/09/2015. Approval of MaS (PP) and FM has been conveyed to Department of Telecom on 17/11/2015 for taking Cabinet approval. DoT has circulated draft Note for the Cabinet. Comments of DoPT on Cabinet Note have been provided to DoT on 07/1/2016.
4. Central Reserve Police Force CRC meeting held on 15/12/2015. Approval of MoS (PP) and FM has been conveyed to Ministry of Home Affairs for taking Cabinet approval. MHA has circulated draft Note for the Cabinet. Comments of DoPT on Cabinet Note have been provided to Ministry of Home Affairs on 23/212016.
5. Ministry of Micro, Small and Medium Enterprises (MSME) CRC Meeting held on 28/12/2015. Approval of MoS (PP) and FM has been obtained. MSME has to take the approval of Cabinet.
2. With Cabinet Secretariat (1)
6. Indian Telecom Service CRC meeting held on 18/02/2016. As per recommendation of CRC, DoE and DoT have been requested to nominate their representative in the Committee constituted under the Chairmanship of Secretary (Coord.) Nominations sent to Cabinet Secretariat. Meeting of Group of Officers held on 06/06/2016.
3. With Department of Expenditure (11)
7. Indian Information Service CRC Meeting held on 05/05/2016. Approval of MoS(PP) has been obtained and proposal sent to DoE for approval of Finance Minister.
8. Central Engineering Service (Roads) CRC Meeting held on 25/04/2016. Approval of MoS(PP) has been obtained and proposal sent to DoE for approval of Finance Minister.
9. Border Security Force Approval of Secretary (P) has been obtained and proposal sent to DoE for approval of Secretary (Expenditure).
10. Indian Railways Personnel Service Approval of Secretary (P) has been obtained and proposal sent to DoE for approval of Secretary (Expenditure) on 31/05/2016.
11. Indian Railways Traffic Service -do-
12. Indian Railways Stores Service Approval of Secretary (P) has been obtained and proposal sent to DoE for approval of Secretary (Expenditure) on 02/06/2016.
13. Indian Railways Service of
Mechanical Engineers
-do-
14. Indian Railways Accounts Service Approval of Secretary (P) has been obtained and proposal sent to DoE for approval of Secretary (Expenditure) on 03/06/2016.
15. Indian Railways Service of Electrical Engineers Approval of Secretary (P) has been obtained and proposal sent to DoE for approval of Secretary (Expenditure) on 06/06/2016.
16. Indian Railways Service of Engineers -do-
17. Indian Railways Service of Signal Engineers -do-
4. With Department of Personnel & Training (1)
18. Indian Defence Accounts Service A meeting was held on 23/03/2016 and MoD was advised to recast the proposal. Revised proposal received on 24/04/2016. The proposal has been examined and is under consideration.
5. With Ministry concerned for clarifications (2)
19. Petroleum Explosive Safety Organisation (PESO) Proposal from DIPP to form a new Organised Group A Service has been examined and the observations of DoPT have been sent on 19/04/2016. Clarifications awaited from Ministry of Commerce.
20. Indian P&T Building Works Clarifications are awaited from DoT on the cadre strength.

7th Pay Commission – Empowered Committee Expected to Submit Report by This Week End

7th Pay Commission – Empowered Committee Expected to Submit Report by This Week End

Empowered Committee of Secretaries headed by Cabinet Secretary PK Sinha is all set to meet on coming Saturday (June 11) to give final shape to the changes on 7th Pay Commission recommendation.

7th Pay Commission – Empowered Committee Expected to Submit Report by This Week End – This will give the much needed boost to lakhs of government employees.

Empowered Committee of Secretaries headed by Cabinet Secretary PK Sinha is all set to meet on coming Saturday (June 11) to give final shape to the changes on 7th Pay Commission recommendation.

This will give the much needed boost to lakhs of government employees who are anxiously waiting for the implementation of the recommendation of the 7th Pay Commission.

The secretaries group is expected to meet on June 11 to finally wrap up its report on the remuneration of government employees.

Reliable Sources further state that it will take only a few days afterwards by the finance ministry to implement the higher pay package for central government employees.

Reliable sources add, the secretaries group has recommended between Rs 2,70,000 and Rs 21,000 hike for the higher and the lower level. This is twenty thousand more in the upper limit prescribed by the 7th CPC and three thousand more in the lower level set by the commission.

It may be recalled that the government had set up a high-powered panel headed by Cabinet Secretary P K Sinha to process the recommendations of the 7th Pay Commission which will have bearing on the remuneration of 47 lakh central government employees and 52 lakh pensioners.

Source: Zee News

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Central Government Employees Memes Exact Situation!

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