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Economic
Development Policy |
LABOUR
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PREAMBLE
The
chapters on Fundamental Rights and Directive Principles of State
Policy of the Constitution of India lay down the principles,
which constitute the foundation of the State’s Labour Policy.
Relevant extracts from the Constitution are attached as Annexure, which may be summarised as follows:
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Freedom
of association and to form unions (which implies the right
to free- but peaceful collective bargaining)
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Prohibition
of Forced Labour, and of Child Labour in factories, mines
and hazardous occupations.
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Equal
pay for equal work for both men and women
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Protection
against exploitation of the health and strength of
workers, and of childhood and youth
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Just
and humane conditions of work, and maternity relief
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A
living wage, and a decent standard of life, etc. to be
ensured for all workers
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Worker’s
participation to be secured in management
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India
has ratified as of May 2000, thirty nine of the International
Labour Organisation conventions including four of the Core
Conventions. India also subscribes to the principle enshrined in
the ILO Constitution, and the (recently adopted) ILO Declaration
on Fundamental Principles & Rights at Work.
National
and state labour policies have to be framed in consonance with the
Constitutional framework and the country’s international
obligations. At the same time, it has also to be recognised that
rapid economic growth is a paramount need of the country, in
general, and of Madhya Pradesh, in particular.
There can be little prospect of rapid growth without a
sizable and sustained spurt in investment. Therefore, Labour policies and laws which discourage and
stifle investment need to be reviewed, albeit in a manner
consistent with the basic tenets of the Constitution.
Most
of the subjects pertaining to Labour figure in the Concurrent List
of the Constitution. There
are about thirty-five important labour laws applicable to Madhya
Pradesh of which five are State laws while the rest are Central
ones. The Second National Commission on Labour set up by the
Central Government to review labour laws is likely to give its
recommendations in early 2002.
Madhya
Pradesh is not yet among the more industrialized states.
The large majority of the State’s workers belong to the
unorganised sector. Some
broad figures in this regard are as follows:-
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Population
of Main Workers
excluding Owner cultivators (1991 Census) |
88
lakhs
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Estimated
Population of the above in 2001
(assuming
decadal growth rate of 25%)
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110
lakhs
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Of whom, estimated no. of workers in the:
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Organised sector |
8
lakhs |
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Unorganised Sector |
102
lakhs |
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Thus
an overwhelmingly large majority of workers belong to the
unorganized sector, notable among whom are landless agricultural
workers, beedee workers, those engaged in forestry and
construction activities, and the like.
Ensuring a decent living standard for them and protecting
them from exploitation has, therefore, to be accorded the highest
priority.
OBJECTIVES
Keeping
the above context in mind, basic objectives of the State’s
Labour Policy would be:-
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To
effectively carry out the Constitutional mandate against
exploitation, and of ensuring just, humane and safe
working condition for all workers especially for those in
the unorganised sector.
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To
ensure peaceful and harmonious industrial relations, and
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To
encourage, facilitate and support improvement in the
investment climate and in worker productivity.
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THE
APPROACH
The
above objectives cannot be achieved unless the worker is viewed as
a vital partner in the State’s economic development and
all-round progress. He must be treated not as an encumbrance but
as the object as well as agent of development.
A healthy economy requires a healthy, educated and
satisfied working class.
At
the same time, entrepreneurs have a right to expect a congenial
and trouble-free industrial environment, and to be recognized as a
key role-player in economic development as long as they comply
with relevant laws.
The
State must act as a facilitator, catalyst and an impartial
referee, vis-à-vis workers and employers, so as to enable the two
to play their rightful role in development.
The
above basic approach would form the State’s labour policy.
STRATEGY
A
large number of laws already exist to carry out the provisions of
the Constitution concerning labour.
The main need is to:
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Simplify
and rationalize them
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Review
and modify them with a view to making them beneficial to
the workers as well as hassle-free to the investor
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Strengthen
their implementation – especially vis-à-vis workers in
the unorganised sector, women workers, and children
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Maintain
and build upon the State’s record of harmonious
industrial relations, inter-alia, through sustained and
vigorous tripartite consultation
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Actively
promote improvements in worker productivity
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Promote
a specially facilitating labour-law environment for the
“thrust” sectors and areas like |
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Infrastructure
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Information
Technology |
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Bio-technology,
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Special
Economic Zones
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Improve
the services being rendered by the Department by way of
licensing, registration, industrial health and safety,
grievance settlement, medicare, and adjudication, so as to
make them speedy, effective and transparent, and
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To
achieve the above, inter-alia, through use of modern
technology, and by expanding the Department’s outreach
and capability |
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