Dear Madam,
While thanking you for an Excellent
- Sexual Harassment Bill 2005 to be introduced
in this session of Parliament, we wish to draw
you attention to the urgent need for a Comprehensive
Legislation and not piecemeal Legislative attempts
for the Unorganized Sector Workers numbering
37 crores of which substantial numbers are women.
There have been many drafts
of Unorganized Sector Workers Bill, prepared
during the periods of NDA Government ( 4 drafts
of Bill circulated by the Ministry of Labour)
and the UPA Government ( one Bill by Ministry
of Labour, two Bills drafted by National Commission
for Enterprises on Unorganized and Informal
Sector and the one circulated by NAC being the
most diluted version) but none of them, takes
care of the Social Security, Welfare and Regulation
of employment and wages, conditions of service,
dispute resolution, Rights over Natural and
Common Resources, Complaints Committee on Sexual
Harassment together in an integrated form without
which no Legislation can be implemented in the
prevailing working conditions of the Unorganized
Sector Workers. Spending Committee of Central
Trade Unions have already submitted there critique
and suggestions to the Director General Labour
Welfare of these Bills, a copy of which is enclosed
for your ready reference. We firmly believe
that the workers must be given due space not
merely as 'beneficiaries' but as active participants
in the formulation and implementation of schemes,
with adequate representation including proportionate
representation to women workers in the Tripartite
Boards at Local, Taluk, District and State Levels
and only then the Legislation can be implemented
effectively.
On 14th Feb' 2003 NAC had organized
a consultation with the Labour Minister where
the Central Trade Union representatives were
present. After hearing the Labour representatives
the Labour Minister assured he would organize
a 'National Seminar' to discuss the issue of
a Comprehensive Legislation to get a consensus
and form a 'drafting committee' to draft the
Legislation.
In view of the above weaknesses
in the Bills under circulation and the assurances
of the Labour Minister for calling a National
Seminar and appointing a 'drafting committee',
it is not reasonable to expedite and introduce
a 'half - baked Bill' in the Parliament in the
current session. A Bill once introduced has
obvious limitations to the amendments which
can be accepted in the Parliament. Therefore
we request you to please give time for reaching
a consensus on an INTEGRATED AND COMPREHENSIVE
BILL which can be introduced in the winter session
of the Parliament.
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