Govt, Arjun Sengupta panel differ on informal sector Bill

The blame game over the inadequacies in the Unorganised Sector Workers Social Security Bill, 2007, introduced by the UPA government in Parliament on Monday, has begun.

While expressing his satisfaction at the fact that the Bill had finally come to Parliament, National Commission for Enterprises in the Unorganised Sector (NCEUS) Chairman Arjun Sengupta said: "It may not be exactly what we suggested but the government has gone quite far in accommodating our suggestions."

Two days ago, Labour Minister Oscar Fernandes said: "We received recommendations on working conditions of workers from the NCEUS rather late. We did not have time to incorporate them. These will be placed before the select committee of Parliament which will scrutinise the Bill before it is passed. If there are specific issues, they can be taken up at that stage."

The fact is that the NCEUS recommendations were sent to the labour ministry in July itself, much before the GoM on the Bill was recovened by the government.

They were in the form of two separate Bills, stressing the need for social security and working conditions for agriculture and non-agriculture unorganised sectors. In its defence, the labour ministry says the state government would have to be consulted on specific provisions and that is why the Bill has been tabled in its present form in Parliament.

Left parties and trade unions have criticised the Unorganised Sector Workers Social Security Bill, 2007, as totally disregarding the commitments made in the Common Minimum Programme for the unorganised sector.

"The social security part of both the suggested Bills was similar. Being part of the government, our job was to give suggestions of which quite a few were accepted," Sengupta said.

In its report, the Sengupta-headed NCEUS had recommended the constitution of a National Social Security and Welfare Fund, (with accruals from employers, employees, tax/cess like education cess for the sector, national financial and development institutions and voluntary contributions) to fund the provisions of the schemes.

The commission calculated that about Rs 33,000 crore would be required to provide a social security net to all the unorganised workers. Financial commitment from the government was the foremost demand of the trade unions.

The Bill mentions only national- and state-level advisory boards while the NCEUS had recommended national- and state-level social security and welfare boards, which would be responsible for the formulation and proper execution of the schemes and programmes.

The government Bill does not mention the words 'national minimum' of the National Minimum Social Security Schemes proposed by the commission.

Nothing has been mentioned about the workers' facilitation centres, to be set up at local level and run by self help groups/ panchayti raj institutions/ non-profit organisations, to facilitate information dissemination about the schemes, registration and delivery.

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MISSING ITEMS
Recommendations of NCEUS that do not figure in the Bill

Two separate comprehensive bills dealing with Social Security and working conditions for Agriculture and non Agriculture workers.

Constitution of a National Social Security and Welfare Fund.

National and State level Social Security and Welfare Boards. The Bill talks of National and State level Advisory Boards.

The government bill does not mention the word 'National Minimum' of the National Minimum Social Security Scheme, proposed by the commission.

Workers Facilitation Centres to be set up at local level to facilitate information dissemination about the schemes, workers' registration and delivery.

NCEUS draft asks for a old age security in the form of old age pension for workers above the age of 60 years or Provident Fund. Government puts it at above 65 years.

Tripartite Dispute Resolution Councils at district levels with conciliation committees at mandal / block level in case of non observance of provisions.

Penalties like imprisonment and fine in case of non delivery of schemes in contraventions with the legislative provisions.